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115th Congress    }                                 {    Rept. 115-805
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                 {           Part 1

======================================================================



 
 MATTHEW YOUNG POLLARD INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEARS 
                             2018 AND 2019

                                _______
                                

  July 3, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nunes, from the Permanent Select Committee on Intelligence, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 6237]

      [Including cost estimate of the Congressional Budget Office]

    The Permanent Select Committee on Intelligence, to whom was 
referred the bill (H.R. 6237) to authorize appropriations for 
fiscal years 2018 and 2019 for intelligence and intelligence-
related activities of the United States Government, the 
Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS.

  (a) Short Title.--This Act may be cited as the ``Matthew Young 
Pollard Intelligence Authorization Act for Fiscal Years 2018 and 
2019''.
  (b) Organization.--This Act is organized into two divisions as 
follows:
          (1) Division a.--Intelligence Authorization Act for Fiscal 
        Year 2018.
          (2) Division b.--Intelligence Authorization Act for Fiscal 
        Year 2019.

    DIVISION A--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2018

SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This division may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2018''.
  (b) Table of Contents.--The table of contents for this division is as 
follows:

Sec. 101. Short title; table of contents.
Sec. 102. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 1101. Authorization of appropriations.
Sec. 1102. Classified Schedule of Authorizations.
Sec. 1103. Personnel ceiling adjustments.
Sec. 1104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 1201. Authorization of appropriations.
Sec. 1202. Computation of annuities for employees of the Central 
Intelligence Agency.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 1301. Restriction on conduct of intelligence activities.
Sec. 1302. Increase in employee compensation and benefits authorized by 
law.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Sec. 1401. Authority for protection of current and former employees of 
the Office of the Director of National Intelligence.
Sec. 1402. Designation of the program manager-information sharing 
environment.
Sec. 1403. Technical modification to the executive schedule.

                   TITLE V--REPORTS AND OTHER MATTERS

Sec. 1501. Period of overseas assignments for certain foreign service 
officers.
Sec. 1502. Assessment of significant Russian influence campaigns 
directed at foreign elections and referenda.
Sec. 1503. Foreign counterintelligence and cybersecurity threats to 
Federal election campaigns.
Sec. 1504. Intelligence community reports on security clearances.
Sec. 1505. Assessment of threat finance relating to Russia.
Sec. 1506. Report on cyber exchange program.
Sec. 1507. Review of Intelligence Community whistleblower matters.
Sec. 1508. Report on role of Director of National Intelligence with 
respect to certain foreign investments.
Sec. 1509. Semiannual reports on investigations of unauthorized 
disclosures of classified information.
Sec. 1510. Reports on intelligence community participation in 
vulnerabilities equities process of Federal Government.
Sec. 1511. Sense of Congress on notifications of certain disclosures of 
classified information.
Sec. 1512. Technical amendments related to the Department of Energy.

SEC. 102. DEFINITIONS.

  In this division, the terms ``congressional intelligence committees'' 
and ``intelligence community'' have the meaning given those terms in 
section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal year 2018 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States 
Government:
          (1) The Office of the Director of National Intelligence.
          (2) The Central Intelligence Agency.
          (3) The Department of Defense.
          (4) The Defense Intelligence Agency.
          (5) The National Security Agency.
          (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
          (7) The Coast Guard.
          (8) The Department of State.
          (9) The Department of the Treasury.
          (10) The Department of Energy.
          (11) The Department of Justice.
          (12) The Federal Bureau of Investigation.
          (13) The Drug Enforcement Administration.
          (14) The National Reconnaissance Office.
          (15) The National Geospatial-Intelligence Agency.
          (16) The Department of Homeland Security.
  (b) Certain Specific Authorization.--Funds appropriated by the 
Department of Defense Missile Defeat and Defense Enhancements 
Appropriations Act, 2018 (division B of Public Law 115-96) for 
intelligence or intelligence-related activities are specifically 
authorized by the Congress for purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 3094), as specified in the classified 
Schedule of Authorizations pursuant to section 1102, and are subject to 
such section 504.

SEC. 1102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

  (a) Specifications of Amounts.--The amounts authorized to be 
appropriated under section 1101 and, subject to section 1103, the 
authorized personnel ceilings as of September 30, 2018, for the conduct 
of the intelligence activities of the elements listed in paragraphs (1) 
through (16) of section 1101, are those specified in the classified 
Schedule of Authorizations prepared to accompany this division.
  (b) Availability of Classified Schedule of Authorizations.--
          (1) Availability.--The classified Schedule of Authorizations 
        referred to in subsection (a) shall be made available to the 
        Committee on Appropriations of the Senate, the Committee on 
        Appropriations of the House of Representatives, and to the 
        President.
          (2) Distribution by the president.--Subject to paragraph (3), 
        the President shall provide for suitable distribution of the 
        classified Schedule of Authorizations referred to in subsection 
        (a), or of appropriate portions of such Schedule, within the 
        executive branch.
          (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                  (A) as provided in section 601(a) of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007 (50 
                U.S.C. 3306(a));
                  (B) to the extent necessary to implement the budget; 
                or
                  (C) as otherwise required by law.

SEC. 1103. PERSONNEL CEILING ADJUSTMENTS.

  (a) Authority for Increases.--The Director of National Intelligence 
may authorize employment of civilian personnel in excess of the number 
authorized for fiscal year 2018 by the classified Schedule of 
Authorizations referred to in section 1102(a) if the Director of 
National Intelligence determines that such action is necessary to the 
performance of important intelligence functions, except that the number 
of personnel employed in excess of the number authorized under such 
section may not, for any element of the intelligence community, 
exceed--
          (1) 3 percent of the number of civilian personnel authorized 
        under such schedule for such element; or
          (2) 10 percent of the number of civilian personnel authorized 
        under such schedule for such element for the purposes of 
        converting the performance of any function by contractors to 
        performance by civilian personnel.
  (b) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 1102(a), including any exemption from such 
personnel levels, of employment or assignment in--
          (1) a student program, trainee program, or similar program;
          (2) a reserve corps or as a reemployed annuitant; or
          (3) details, joint duty, or long-term, full-time training.
  (c) Notice to Congressional Intelligence Committees.--Not later than 
15 days prior to the exercise of an authority described in subsection 
(a), the Director of National Intelligence shall submit to the 
congressional intelligence committees--
          (1) a written notice of the exercise of such authority; and
          (2) in the case of an exercise of such authority subject to 
        the limitation in subsection (a)(2), a written justification 
        for the contractor conversion that includes a comparison of 
        whole-of-Government costs.

SEC. 1104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

  (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2018 the sum of 
$546,900,000.
  (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 797 positions as of September 30, 2018. 
Personnel serving in such elements may be permanent employees of the 
Office of the Director of National Intelligence or personnel detailed 
from other elements of the United States Government.
  (c) Classified Authorizations.--
          (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Intelligence Community 
        Management Account by subsection (a), there are authorized to 
        be appropriated for the Intelligence Community Management 
        Account for fiscal year 2018 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 1102(a).
          (2) Authorization of personnel.--In addition to the personnel 
        authorized by subsection (b) for elements of the Intelligence 
        Community Management Account as of September 30, 2018, there 
        are authorized such additional personnel for the Community 
        Management Account as of that date as are specified in the 
        classified Schedule of Authorizations referred to in section 
        1102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2018 the sum of 
$514,000,000.

SEC. 1202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL 
                    INTELLIGENCE AGENCY.

  (a) Computation of Annuities.--
          (1) In general.--Section 221 of the Central Intelligence 
        Agency Retirement Act (50 U.S.C. 2031) is amended--
                  (A) in subsection (a)(3)(B), by striking the period 
                at the end and inserting ``, as determined by using the 
                annual rate of basic pay that would be payable for 
                full-time service in that position.'';
                  (B) in subsection (b)(1)(C)(i), by striking ``12-
                month'' and inserting ``2-year'';
                  (C) in subsection (f)(2), by striking ``one year'' 
                and inserting ``two years'';
                  (D) in subsection (g)(2), by striking ``one year'' 
                each place such term appears and inserting ``two 
                years'';
                  (E) by redesignating subsections (h), (i), (j), (k), 
                and (l) as subsections (i), (j), (k), (l), and (m), 
                respectively; and
                  (F) by inserting after subsection (g) the following:
  ``(h) Conditional Election of Insurable Interest Survivor Annuity by 
Participants Married at the Time of Retirement.--
          ``(1)  Authority to make designation.--Subject to the rights 
        of former spouses under subsection (b) and section 222, at the 
        time of retirement a married participant found by the Director 
        to be in good health may elect to receive an annuity reduced in 
        accordance with subsection (f)(1)(B) and designate in writing 
        an individual having an insurable interest in the participant 
        to receive an annuity under the system after the participant's 
        death, except that any such election to provide an insurable 
        interest survivor annuity to the participant's spouse shall 
        only be effective if the participant's spouse waives the 
        spousal right to a survivor annuity under this Act. The amount 
        of the annuity shall be equal to 55 percent of the 
        participant's reduced annuity.
          ``(2) Reduction in participant's annuity.--The annuity 
        payable to the participant making such election shall be 
        reduced by 10 percent of an annuity computed under subsection 
        (a) and by an additional 5 percent for each full 5 years the 
        designated individual is younger than the participant. The 
        total reduction under this subparagraph may not exceed 40 
        percent.
          ``(3) Commencement of survivor annuity.--The annuity payable 
        to the designated individual shall begin on the day after the 
        retired participant dies and terminate on the last day of the 
        month before the designated individual dies.
          ``(4) Recomputation of participant's annuity on death of 
        designated individual.--An annuity which is reduced under this 
        subsection shall, effective the first day of the month 
        following the death of the designated individual, be recomputed 
        and paid as if the annuity had not been so reduced.''.
          (2) Conforming amendments.--
                  (A) Central intelligence agency retirement act.--The 
                Central Intelligence Agency Retirement Act (50 U.S.C. 
                2001 et seq.) is amended--
                          (i) in section 232(b)(1) (50 U.S.C. 
                        2052(b)(1)), by striking ``221(h),'' and 
                        inserting ``221(i),''; and
                          (ii) in section 252(h)(4) (50 U.S.C. 
                        2082(h)(4)), by striking ``221(k)'' and 
                        inserting ``221(l)''.
                  (B) Central intelligence agency act of 1949.--
                Subsection (a) of section 14 of the Central 
                Intelligence Agency Act of 1949 (50 U.S.C. 3514(a)) is 
                amended by striking ``221(h)(2), 221(i), 221(l),'' and 
                inserting ``221(i)(2), 221(j), 221(m),''.
  (b) Annuities for Former Spouses.--Subparagraph (B) of section 
222(b)(5) of the Central Intelligence Agency Retirement Act (50 U.S.C. 
2032(b)(5)(B)) is amended by striking ``one year'' and inserting ``two 
years''.
  (c) Prior Service Credit.--Subparagraph (A) of section 252(b)(3) of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 
2082(b)(3)(A)) is amended by striking ``October 1, 1990'' both places 
that term appears and inserting ``March 31, 1991''.
  (d) Reemployment Compensation.--Section 273 of the Central 
Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended--
          (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
          (2) by inserting after subsection (a) the following:
  ``(b) Part-Time Reemployed Annuitants.--The Director shall have the 
authority to reemploy an annuitant on a part-time basis in accordance 
with section 8344(l) of title 5, United States Code.''.
  (e) Effective Date and Application.--The amendments made by 
subsection (a)(1)(A) and subsection (c) shall take effect as if enacted 
on October 28, 2009, and shall apply to computations or participants, 
respectively, as of such date.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 1301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

  The authorization of appropriations by this division shall not be 
deemed to constitute authority for the conduct of any intelligence 
activity which is not otherwise authorized by the Constitution or the 
laws of the United States.

SEC. 1302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
                    LAW.

  Appropriations authorized by this division for salary, pay, 
retirement, and other benefits for Federal employees may be increased 
by such additional or supplemental amounts as may be necessary for 
increases in such compensation or benefits authorized by law.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

SEC. 1401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF 
                    THE OFFICE OF THE DIRECTOR OF NATIONAL 
                    INTELLIGENCE.

  Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3506(a)(4)) is amended by striking ``such personnel of the 
Office of the Director of National Intelligence as the Director of 
National Intelligence may designate;'' and inserting ``current and 
former personnel of the Office of the Director of National Intelligence 
and their immediate families as the Director of National Intelligence 
may designate;''.

SEC. 1402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION-SHARING 
                    ENVIRONMENT.

  (a) Information-sharing Environment.--Section 1016(b) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485(b)) is amended--
          (1) in paragraph (1), by striking ``President'' and inserting 
        ``Director of National Intelligence''; and
          (2) in paragraph (2), by striking ``President'' both places 
        that term appears and inserting ``Director of National 
        Intelligence''.
  (b) Program Manager.--Section 1016(f)(1) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by 
striking ``The individual designated as the program manager shall serve 
as program manager until removed from service or replaced by the 
President (at the President's sole discretion).'' and inserting 
``Beginning on the date of the enactment of the Intelligence 
Authorization Act for Fiscal Year 2018, each individual designated as 
the program manager shall be appointed by the Director of National 
Intelligence.''.

SEC. 1403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.

  Section 5315 of title 5, United States Code, is amended by adding at 
the end the following:
  ``Director of the National Counterintelligence and Security 
Center.''.

                   TITLE V--REPORTS AND OTHER MATTERS

SEC. 1501. PERIOD OF OVERSEAS ASSIGNMENTS FOR CERTAIN FOREIGN SERVICE 
                    OFFICERS.

  (a) Length of Period of Assignment.--Subsection (a) of section 502 of 
the Foreign Service Act of 1980 (22 U.S.C. 3982) is amended by adding 
at the end the following new paragraph:
  ``(3) In making assignments under paragraph (1), and in accordance 
with section 903, and, if applicable, section 503, the Secretary shall 
assure that a member of the Service may serve at a post for a period of 
not more than six consecutive years.''.
  (b) Foreign Language Deployment Requirements.--Section 702 of the 
Foreign Service Act of 1980 (22 U.S.C. 4022) is amended by--
          (1) redesignating subsection (c) as subsection (d); and
          (2) by inserting after subsection (b) the following new 
        subsection:
  ``(c) Foreign Language Deployment Requirements.--
          ``(1) In general.--The Secretary of State, with the 
        assistance of other relevant officials, shall require all 
        members of the Service who receive foreign language training in 
        Arabic, Farsi, Chinese (Mandarin or Cantonese), Turkish, 
        Korean, and Japanese by the institution or otherwise in 
        accordance with subsection (b) to serve three successive tours 
        in positions in which the acquired language is both relevant 
        and determined to be a benefit to the Department.
          ``(2) Overseas deployments.--In carrying out paragraph (1), 
        at least one of the three successive tours referred to in such 
        paragraph shall be an overseas deployment.
          ``(3) Waiver.--The Secretary of State may waive the 
        application of paragraph (1) for medical or family hardship or 
        in the interest of national security.
          ``(4) Congressional notification.--The Secretary of State 
        shall notify the Committees on Appropriations and Foreign 
        Affairs of the House of Representatives and Committees on 
        Appropriations and Foreign Relations of the Senate at the end 
        of each fiscal year of any instances during the prior twelve 
        months in which the waiver authority described in paragraph (3) 
        was invoked.''.

SEC. 1502. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS 
                    DIRECTED AT FOREIGN ELECTIONS AND REFERENDA.

  (a) Assessment Required.--Not later than 60 days after the date of 
the enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees a report containing 
an analytical assessment of the most significant Russian influence 
campaigns, if any, conducted during the 3-year period preceding the 
date of the enactment of this Act, as well as the most significant 
current or planned such Russian influence campaigns, if any. Such 
assessment shall include--
          (1) a summary of such significant Russian influence 
        campaigns, including, at a minimum, the specific means by which 
        such campaigns were conducted, are being conducted, or likely 
        will be conducted, as appropriate, and the specific goal of 
        each such campaign;
          (2) a summary of any defenses against or responses to such 
        Russian influence campaigns by the foreign state holding the 
        elections or referenda;
          (3) a summary of any relevant activities by elements of the 
        intelligence community undertaken for the purpose of assisting 
        the government of such foreign state in defending against or 
        responding to such Russian influence campaigns; and
          (4) an assessment of the effectiveness of such defenses and 
        responses described in paragraphs (2) and (3).
  (b) Form.--The report required by subsection (a) may be submitted in 
classified form, but if so submitted, shall contain an unclassified 
summary.
  (c) Russian Influence Campaign Defined.--In this section, the term 
``Russian influence campaign'' means any effort, covert or overt, and 
by any means, attributable to the Russian Federation directed at an 
election, referendum, or similar process in a country other than the 
Russian Federation or the United States.

SEC. 1503. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY THREATS TO 
                    FEDERAL ELECTION CAMPAIGNS.

  (a) Reports Required.--
          (1) In general.--As provided in paragraph (2), for each 
        Federal election, the Director of National Intelligence, in 
        coordination with the Under Secretary of Homeland Security for 
        Intelligence and Analysis and the Director of the Federal 
        Bureau of Investigation, shall make publicly available on an 
        internet website an advisory report on foreign 
        counterintelligence and cybersecurity threats to election 
        campaigns for Federal offices. Each such report shall include, 
        consistent with the protection of sources and methods, each of 
        the following:
                  (A) A description of foreign counterintelligence and 
                cybersecurity threats to election campaigns for Federal 
                offices.
                  (B) A summary of best practices that election 
                campaigns for Federal offices can employ in seeking to 
                counter such threats.
                  (C) An identification of any publicly available 
                resources, including United States Government 
                resources, for countering such threats.
          (2) Schedule for submittal.--A report under this subsection 
        shall be made available as follows:
                  (A) In the case of a report regarding a special 
                election held for the office of Senator or Member of 
                the House of Representatives during 2019, not later 
                than the date that is 60 days before the date of such 
                special election.
                  (B) In the case of a report regarding an election for 
                a Federal office during any subsequent year, not later 
                than the date that is 1 year before the date of the 
                election.
          (3) Information to be included.--A report under this 
        subsection shall reflect the most current information available 
        to the Director of National Intelligence regarding foreign 
        counterintelligence and cybersecurity threats.
  (b) Treatment of Campaigns Subject to Heightened Threats.--If the 
Director of the Federal Bureau of Investigation and the Under Secretary 
of Homeland Security for Intelligence and Analysis jointly determine 
that an election campaign for Federal office is subject to a heightened 
foreign counterintelligence or cybersecurity threat, the Director and 
the Under Secretary, consistent with the protection of sources and 
methods, may make available additional information to the appropriate 
representatives of such campaign.

SEC. 1504. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) despite sustained efforts by Congress and the executive 
        branch, an unacceptable backlog in processing and adjudicating 
        security clearances persists, both within elements of the 
        intelligence community and in other departments of the Federal 
        Government, with some processing times exceeding a year or even 
        more;
          (2) the protracted clearance timetable threatens the ability 
        of elements of the intelligence community to hire and retain 
        highly qualified individuals, and thus to fulfill the missions 
        of such elements;
          (3) the prospect of a lengthy clearance process deters some 
        such individuals from seeking employment with the intelligence 
        community in the first place, and, when faced with a long wait 
        time, those with conditional offers of employment may opt to 
        discontinue the security clearance process and pursue different 
        opportunities;
          (4) now more than ever, therefore, the broken security 
        clearance process badly needs fundamental reform; and
          (5) in the meantime, to ensure the ability of elements of the 
        intelligence community to hire and retain highly qualified 
        personnel, elements should consider, to the extent possible and 
        consistent with national security, permitting new employees to 
        enter on duty immediately or nearly so, and to perform, on a 
        temporary basis pending final adjudication of their security 
        clearances, work that either does not require a security 
        clearance or requires only a low-level interim clearance.
  (b) In General.--Section 506H of the National Security Act of 1947 
(50 U.S.C. 3104) is amended--
          (1) in subsection (a)(1)--
                  (A) in subparagraph (A)(ii), by inserting ``and'' 
                after the semicolon;
                  (B) in subparagraph (B)(ii), by striking ``; and'' 
                and inserting a period; and
                  (C) by striking subparagraph (C);
          (2) by redesignating subsection (b) as subsection (c);
          (3) by inserting after subsection (a) the following new 
        subsection (b):
  ``(b) Intelligence Community Reports.--(1) Not later than March 1 of 
each year, the Director of National Intelligence shall submit to the 
congressional intelligence committees, the Committee on Homeland 
Security and Governmental Affairs of the Senate, and the Committee on 
Homeland Security of the House of Representatives a report on the 
security clearances processed by each element of the intelligence 
community during the preceding fiscal year. Each such report shall 
separately identify security clearances processed for Federal employees 
and contractor employees sponsored by each such element.
  ``(2) Each report submitted under paragraph (1) shall include each of 
the following for each element of the intelligence community for the 
fiscal year covered by the report:
          ``(A) The total number of initial security clearance 
        background investigations sponsored for new applicants.
          ``(B) The total number of security clearance periodic 
        reinvestigations sponsored for existing employees.
          ``(C) The total number of initial security clearance 
        background investigations for new applicants that were 
        adjudicated with notice of a determination provided to the 
        prospective applicant, including--
                  ``(i) the total number that were adjudicated 
                favorably and granted access to classified information; 
                and
                  ``(ii) the total number that were adjudicated 
                unfavorably and resulted in a denial or revocation of a 
                security clearance.
          ``(D) The total number of security clearance periodic 
        background investigations that were adjudicated with notice of 
        a determination provided to the existing employee, including--
                  ``(i) the total number that were adjudicated 
                favorably; and
                  ``(ii) the total number that were adjudicated 
                unfavorably and resulted in a denial or revocation of a 
                security clearance.
          ``(E) The total number of pending security clearance 
        background investigations, including initial applicant 
        investigations and periodic reinvestigations, that were not 
        adjudicated as of the last day of such year and that remained 
        pending as follows:
                  ``(i) For 180 days or less.
                  ``(ii) For 180 days or longer, but less than 12 
                months.
                  ``(iii) For 12 months or longer, but less than 18 
                months.
                  ``(iv) For 18 months or longer, but less than 24 
                months.
                  ``(v) For 24 months or longer.
          ``(F) In the case of security clearance determinations 
        completed or pending during the year preceding the year for 
        which the report is submitted that have taken longer than 12 
        months to complete--
                  ``(i) an explanation of the causes for the delays 
                incurred during the period covered by the report; and
                  ``(ii) the number of such delays involving a 
                polygraph requirement.
          ``(G) The percentage of security clearance investigations, 
        including initial and periodic reinvestigations, that resulted 
        in a denial or revocation of a security clearance.
          ``(H) The percentage of security clearance investigations 
        that resulted in incomplete information.
          ``(I) The percentage of security clearance investigations 
        that did not result in enough information to make a decision on 
        potentially adverse information.
  ``(3) The report required under this subsection shall be submitted in 
unclassified form, but may include a classified annex.''; and
          (4) in subsection (c), as redesignated by paragraph (2), by 
        striking ``subsection (a)(1)'' and inserting ``subsections 
        (a)(1) and (b)''.

SEC. 1505. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.

  (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
coordination with the Assistant Secretary of the Treasury for 
Intelligence and Analysis, shall submit to the congressional 
intelligence committees a report containing an assessment of Russian 
threat finance. The assessment shall be based on intelligence from all 
sources, including from the Office of Terrorism and Financial 
Intelligence of the Department of the Treasury.
  (b) Elements.--The report required by subsection (a) shall include 
each of the following:
          (1) A summary of leading examples from the 3-year period 
        preceding the date of the submittal of the report of threat 
        finance activities conducted by, for the benefit of, or at the 
        behest of--
                  (A) officials of the Government of Russia;
                  (B) persons subject to sanctions under any provision 
                of law imposing sanctions with respect to Russia;
                  (C) Russian nationals subject to sanctions under any 
                other provision of law; or
                  (D) Russian oligarchs or organized criminals.
          (2) An assessment with respect to any trends or patterns in 
        threat finance activities relating to Russia, including common 
        methods of conducting such activities and global nodes of money 
        laundering used by Russian threat actors described in paragraph 
        (1) and associated entities.
          (3) An assessment of any connections between Russian 
        individuals involved in money laundering and the Government of 
        Russia.
          (4) A summary of engagement and coordination with 
        international partners on threat finance relating to Russia, 
        especially in Europe, including examples of such engagement and 
        coordination.
          (5) An identification of any resource and collection gaps.
          (6) An identification of--
                  (A) entry points of money laundering by Russian and 
                associated entities into the United States;
                  (B) any vulnerabilities within the United States 
                legal and financial system, including specific sectors, 
                which have been or could be exploited in connection 
                with Russian threat finance activities; and
                  (C) the counterintelligence threat posed by Russian 
                money laundering and other forms of threat finance, as 
                well as the threat to the United States financial 
                system and United States efforts to enforce sanctions 
                and combat organized crime.
          (7) Any other matters the Director determines appropriate.
  (c) Form of Report.--The report required under subsection (a) may be 
submitted in classified form.
  (d) Threat Finance Defined.--In this section, the term ``threat 
finance'' means--
          (1) the financing of cyber operations, global influence 
        campaigns, intelligence service activities, proliferation, 
        terrorism, or transnational crime and drug organizations;
          (2) the methods and entities used to spend, store, move, 
        raise, conceal, or launder money or value, on behalf of threat 
        actors;
          (3) sanctions evasion; and
          (4) other forms of threat finance activity domestically or 
        internationally, as defined by the President.

SEC. 1506. REPORT ON CYBER EXCHANGE PROGRAM.

  (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the potential 
establishment of a fully voluntary exchange program between elements of 
the intelligence community and private technology companies under 
which--
          (1) an employee of an element of the intelligence community 
        with demonstrated expertise and work experience in 
        cybersecurity or related disciplines may elect to be 
        temporarily detailed to a private technology company that has 
        elected to receive the detailee; and
          (2) an employee of a private technology company with 
        demonstrated expertise and work experience in cybersecurity or 
        related disciplines may elect to be temporarily detailed to an 
        element of the intelligence community that has elected to 
        receive the detailee.
  (b) Elements.--The report under subsection (a) shall include the 
following:
          (1) An assessment of the feasibility of establishing the 
        exchange program described in such subsection.
          (2) Identification of any challenges in establishing the 
        exchange program.
          (3) An evaluation of the benefits to the intelligence 
        community that would result from the exchange program.

SEC. 1507. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS.

  (a) Review of Whistleblower Matters.--The Inspector General of the 
Intelligence Community, in consultation with the inspectors general for 
the Central Intelligence Agency, the National Security Agency, the 
National Geospatial-Intelligence Agency, the Defense Intelligence 
Agency, and the National Reconnaissance Office, shall conduct a review 
of the authorities, policies, investigatory standards, and other 
practices and procedures relating to intelligence community 
whistleblower matters, with respect to such inspectors general.
  (b) Objective of Review.--The objective of the review required under 
subsection (a) is to identify any discrepancies, inconsistencies, or 
other issues, which frustrate the timely and effective reporting of 
intelligence community whistleblower matters to appropriate inspectors 
general and to the congressional intelligence committees, and the fair 
and expeditious investigation and resolution of such matters.
  (c) Conduct of Review.--The Inspector General of the Intelligence 
Community shall take such measures as the Inspector General determines 
necessary in order to ensure that the review required by subsection (a) 
is conducted in an independent and objective fashion.
  (d) Report.--Not later than 270 days after the date of the enactment 
of this Act, the Inspector General of the Intelligence Community shall 
submit to the congressional intelligence committees a written report 
containing the results of the review required under subsection (a), 
along with recommendations to improve the timely and effective 
reporting of intelligence community whistleblower matters to inspectors 
general and to the congressional intelligence committees and the fair 
and expeditious investigation and resolution of such matters.

SEC. 1508. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH 
                    RESPECT TO CERTAIN FOREIGN INVESTMENTS.

  (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, in consultation 
with the heads of the elements of the intelligence community determined 
appropriate by the Director, shall submit to the congressional 
intelligence committees a report on the role of the Director in 
preparing analytic materials in connection with the evaluation by the 
Federal Government of national security risks associated with potential 
foreign investments into the United States.
  (b) Elements.--The report under subsection (a) shall include--
          (1) a description of the current process for the provision of 
        the analytic materials described in subsection (a);
          (2) an identification of the most significant benefits and 
        drawbacks of such process with respect to the role of the 
        Director, including the sufficiency of resources and personnel 
        to prepare such materials; and
          (3) recommendations to improve such process.

SEC. 1509. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED 
                    DISCLOSURES OF CLASSIFIED INFORMATION.

  (a) In General.--Title XI of the National Security Act of 1947 (50 
U.S.C. 3231 et seq.) is amended by adding at the end the following new 
section:

``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED 
                    DISCLOSURES OF CLASSIFIED INFORMATION.

  ``(a) Intelligence Community Reporting.--
          ``(1) In general.--Not less frequently than once every 6 
        months, each covered official shall submit to the congressional 
        intelligence committees a report on investigations of 
        unauthorized public disclosures of classified information.
          ``(2) Elements.--Each report submitted under paragraph (1) 
        shall include, with respect to the preceding 6-month period, 
        the following:
                  ``(A) The number of investigations opened by the 
                covered official regarding an unauthorized public 
                disclosure of classified information.
                  ``(B) The number of investigations completed by the 
                covered official regarding an unauthorized public 
                disclosure of classified information.
                  ``(C) Of the number of such completed investigations 
                identified under subparagraph (B), the number referred 
                to the Attorney General for criminal investigation.
  ``(b) Department of Justice Reporting.--
          ``(1) In general.--Not less frequently than once every 6 
        months, the Assistant Attorney General for National Security of 
        the Department of Justice, in consultation with the Director of 
        the Federal Bureau of Investigation, shall submit to the 
        congressional intelligence committees, the Committee on the 
        Judiciary of the Senate, and the Committee on the Judiciary of 
        the House of Representatives a report on the status of each 
        referral made to the Department of Justice from any element of 
        the intelligence community regarding an unauthorized disclosure 
        of classified information made during the most recent 365-day 
        period or any referral that has not yet been closed, regardless 
        of the date the referral was made.
          ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include, for each referral covered by the report, at a 
        minimum, the following:
                  ``(A) The date the referral was received.
                  ``(B) A statement indicating whether the alleged 
                unauthorized disclosure described in the referral was 
                substantiated by the Department of Justice.
                  ``(C) A statement indicating the highest level of 
                classification of the information that was revealed in 
                the unauthorized disclosure.
                  ``(D) A statement indicating whether an open criminal 
                investigation related to the referral is active.
                  ``(E) A statement indicating whether any criminal 
                charges have been filed related to the referral.
                  ``(F) A statement indicating whether the Department 
                of Justice has been able to attribute the unauthorized 
                disclosure to a particular entity or individual.
  ``(c) Form of Reports.--Each report submitted under this section 
shall be submitted in unclassified form, but may have a classified 
annex.
  ``(d) Definitions.--In this section:
          ``(1) Covered official.--The term `covered official' means--
                  ``(A) the heads of each element of the intelligence 
                community; and
                  ``(B) the inspectors general with oversight 
                responsibility for an element of the intelligence 
                community.
          ``(2) Investigation.--The term `investigation' means any 
        inquiry, whether formal or informal, into the existence of an 
        unauthorized public disclosure of classified information.
          ``(3) Unauthorized disclosure of classified information.--The 
        term `unauthorized disclosure of classified information' means 
        any unauthorized disclosure of classified information to any 
        recipient.
          ``(4) Unauthorized public disclosure of classified 
        information.--The term `unauthorized public disclosure of 
        classified information' means the unauthorized disclosure of 
        classified information to a journalist or media 
        organization.''.
  (b) Clerical Amendment.--The table of contents in the first section 
of the National Security Act of 1947 is amended by inserting after the 
item relating to section 1104 the following new item:

``Sec. 1105. Semiannual reports on investigations of unauthorized 
disclosures of classified information.''.

SEC. 1510. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN 
                    VULNERABILITIES EQUITIES PROCESS OF FEDERAL 
                    GOVERNMENT.

  (a) Reports on Process and Criteria Under Vulnerabilities Equities 
Policy and Process.--
          (1) In general.--Not later than 90 days after the date of the 
        enactment of this Act, the Director of National Intelligence 
        shall submit to the congressional intelligence committees a 
        written report describing--
                  (A) with respect to each element of the intelligence 
                community--
                          (i) the title of the official or officials 
                        responsible for determining whether, pursuant 
                        to criteria contained in the Vulnerabilities 
                        Equities Policy and Process document or any 
                        successor document, a vulnerability must be 
                        submitted for review under the Vulnerabilities 
                        Equities Process; and
                          (ii) the process used by such element to make 
                        such determination; and
                  (B) the roles or responsibilities of that element 
                during a review of a vulnerability submitted to the 
                Vulnerabilities Equities Process.
          (2) Changes to process or criteria.--Not later than 30 days 
        after any significant change is made to the process and 
        criteria used by any element of the intelligence community for 
        determining whether to submit a vulnerability for review under 
        the Vulnerabilities Equities Process, such element shall submit 
        to the congressional intelligence committees a report 
        describing such change.
          (3) Form of reports.--Each report submitted under this 
        subsection shall be submitted in unclassified form, but may 
        include a classified annex.
  (b) Annual Reports.--
          (1) In general.--Not less frequently than once each calendar 
        year, the Director of National Intelligence shall submit to the 
        congressional intelligence committees a classified report 
        containing, with respect to the previous year--
                  (A) the number of vulnerabilities submitted for 
                review under the Vulnerabilities Equities Process;
                  (B) the number of vulnerabilities described in 
                subparagraph (A) disclosed to each vendor responsible 
                for correcting the vulnerability, or to the public, 
                pursuant to the Vulnerabilities Equities Process; and
                  (C) the aggregate number, by category, of the 
                vulnerabilities excluded from review under the 
                Vulnerabilities Equities Process, as described in 
                paragraph 5.4 of the Vulnerabilities Equities Policy 
                and Process document.
          (2) Unclassified information.--Each report submitted under 
        paragraph (1) shall include an unclassified appendix that 
        contains--
                  (A) the aggregate number of vulnerabilities disclosed 
                to vendors or the public pursuant to the 
                Vulnerabilities Equities Process; and
                  (B) the aggregate number of vulnerabilities disclosed 
                to vendors or the public pursuant to the 
                Vulnerabilities Equities Process known to have been 
                patched.
          (3) Nonduplication.--The Director of National Intelligence 
        may forgo submission of an annual report required under this 
        subsection for a calendar year, if the Director notifies the 
        congressional intelligence committees in writing that, with 
        respect to the same calendar year, an annual report required by 
        paragraph 4.3 of the Vulnerabilities Equities Policy and 
        Process document already has been submitted to Congress, and 
        such annual report contains the information that would 
        otherwise be required to be included in an annual report under 
        this subsection.
  (c) Definitions.--In this section:
          (1) Vulnerabilities equities policy and process document.--
        The term ``Vulnerabilities Equities Policy and Process 
        document'' means the executive branch document entitled 
        ``Vulnerabilities Equities Policy and Process'' dated November 
        15, 2017.
          (2) Vulnerabilities equities process.--The term 
        ``Vulnerabilities Equities Process'' means the interagency 
        review of vulnerabilities, pursuant to the Vulnerabilities 
        Equities Policy and Process document or any successor document.
          (3) Vulnerability.--The term ``vulnerability'' means a 
        weakness in an information system or its components (for 
        example, system security procedures, hardware design, and 
        internal controls) that could be exploited or could affect 
        confidentiality, integrity, or availability of information.

SEC. 1511. SENSE OF CONGRESS ON NOTIFICATIONS OF CERTAIN DISCLOSURES OF 
                    CLASSIFIED INFORMATION.

  (a) Findings.--Congress finds that section 502 of the National 
Security Act of 1947 (50 U.S.C. 3092) requires elements of the 
intelligence community to keep the congressional intelligence 
committees ``fully and currently informed'' about all ``intelligence 
activities'' of the United States, and to ``furnish to the 
congressional intelligence committees any information or material 
concerning intelligence activities * * * which is requested by either 
of the congressional intelligence committees in order to carry out its 
authorized responsibilities.''.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) section 502 of the National Security Act of 1947 (50 
        U.S.C. 3092), together with other intelligence community 
        authorities, obligate an element of the intelligence community 
        to submit to the congressional intelligence committees written 
        notification, by not later than 7 days after becoming aware, 
        that an individual in the executive branch has disclosed 
        covered classified information to an official of an adversary 
        foreign government using methods other than established 
        intelligence channels; and
          (2) each such notification should include--
                  (A) the date and place of the disclosure of 
                classified information covered by the notification;
                  (B) a description of such classified information;
                  (C) identification of the individual who made such 
                disclosure and the individual to whom such disclosure 
                was made; and
                  (D) a summary of the circumstances of such 
                disclosure.
  (c) Definitions.--In this section:
          (1) Adversary foreign government.--The term ``adversary 
        foreign government'' means the government of any of the 
        following foreign countries:
                  (A) North Korea.
                  (B) Iran.
                  (C) China.
                  (D) Russia.
                  (E) Cuba.
          (2) Covered classified information.--The term ``covered 
        classified information'' means classified information that 
        was--
                  (A) collected by an element of the intelligence 
                community; or
                  (B) provided by the intelligence service or military 
                of a foreign country to an element of the intelligence 
                community.
          (3) Established intelligence channels.--The term 
        ``established intelligence channels'' means methods to exchange 
        intelligence to coordinate foreign intelligence relationships, 
        as established pursuant to law by the Director of National 
        Intelligence, the Director of the Central Intelligence Agency, 
        the Director of the National Security Agency, or other head of 
        an element of the intelligence community.
          (4) Individual in the executive branch.--The term 
        ``individual in the executive branch'' means any officer or 
        employee of the executive branch, including individuals--
                  (A) occupying a position specified in article II of 
                the Constitution;
                  (B) appointed to a position by an individual 
                described in subparagraph (A); or
                  (C) serving in the civil service or the senior 
                executive service (or similar service for senior 
                executives of particular departments or agencies).

SEC. 1512. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY.

  (a) National Nuclear Security Administration Act.--
          (1) Clarification of functions of the administrator for 
        nuclear security.--Subsection (b) of section 3212 of the 
        National Nuclear Security Administration Act (50 U.S.C. 
        2402(b)) is amended--
                  (A) by striking paragraphs (11) and (12); and
                  (B) by redesignating paragraphs (13) through (19) as 
                paragraphs (11) through (17), respectively.
          (2) Counterintelligence programs.--Section 3233(b) of the 
        National Nuclear Security Administration Act (50 U.S.C. 
        2423(b)) is amended--
                  (A) by striking ``Administration'' and inserting 
                ``Department''; and
                  (B) by inserting ``Intelligence and'' after ``the 
                Office of''.
  (b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic 
Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting 
``Intelligence and'' after ``The Director of''.
  (c) National Security Act of 1947.--Paragraph (2) of section 106(b) 
of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is 
amended--
          (1) in subparagraph (E), by inserting ``and 
        Counterintelligence'' after ``Office of Intelligence'';
          (2) by striking subparagraph (F);
          (3) by redesignating subparagraphs (G), (H), and (I) as 
        subparagraphs (F), (G), and (H), respectively; and
          (4) in subparagraph (H), as so redesignated, by realigning 
        the margin of such subparagraph 2 ems to the left.

    DIVISION B--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2019

SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This division may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2019''.
  (b) Table of Contents.--The table of contents for this division is as 
follows:

Sec. 201. Short title; table of contents.
Sec. 202. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 2101. Authorization of appropriations.
Sec. 2102. Classified Schedule of Authorizations.
Sec. 2103. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 2201. Authorization of appropriations.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 2301. Restriction on conduct of intelligence activities.
Sec. 2302. Increase in employee compensation and benefits authorized by 
law.
Sec. 2303. Modification of special pay authority for science, 
technology, engineering, or mathematics positions and addition of 
special pay authority for cyber positions.
Sec. 2304. Repeal of Joint Intelligence Community Council.
Sec. 2305. Permanent enhanced procurement authority to manage supply 
chain risks.
Sec. 2306. Intelligence community information technology environment.
Sec. 2307. Development of secure cellular voice solution for 
intelligence community.
Sec. 2308. Policy on minimum insider threat standards.
Sec. 2309. Submission of intelligence community policies.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

Sec. 2401. Chief Financial Officer of the Intelligence Community.
Sec. 2402. Chief Information Officer of the Intelligence Community.

                Subtitle B--Central Intelligence Agency

Sec. 2411. CIA subsistence for personnel assigned to austere locations.
Sec. 2412. Special rules for certain monthly workers' compensation 
payments and other payments for CIA personnel.
Sec. 2413. Expansion of security protective service jurisdiction of the 
Central Intelligence Agency.
Sec. 2414. Repeal of foreign language proficiency requirement for 
certain senior level positions in the Central Intelligence Agency.

     Subtitle C--Office of Intelligence and Counterintelligence of 
                          Department of Energy

Sec. 2421. Consolidation of Department of Energy Offices of 
Intelligence and Counterintelligence.
Sec. 2422. Establishment of Energy Infrastructure Security Center.
Sec. 2423. Repeal of Department of Energy Intelligence Executive 
Committee and budget reporting requirement.

                       Subtitle D--Other Elements

Sec. 2431. Collocation of certain Department of Homeland Security 
personnel at field locations.
Sec. 2432. Framework for roles, missions, and functions of Defense 
Intelligence Agency.
Sec. 2433. Consultation by Secretary of Defense with Director of 
National Intelligence for certain functions.
Sec. 2434. Construction of National Security Agency East Campus 
Building 3.
Sec. 2435. Establishment of advisory board for National Reconnaissance 
Office.

                   TITLE V--REPORTS AND OTHER MATTERS

Sec. 2501. Public Interest Declassification Board.
Sec. 2502. Repeal of certain reporting requirements.
Sec. 2503. Notification of significant foreign cyber intrusions and 
active measures campaigns directed at elections for Federal offices.
Sec. 2504. Reports on intelligence community loan repayment and related 
programs.
Sec. 2505. Comptroller General of the United States report on senior 
executives of the Office of the Director of National Intelligence.
Sec. 2506. Briefings on counterintelligence activities of the Federal 
Bureau of Investigation.
Sec. 2507. Briefing on FBI offering permanent residence to sources and 
cooperators.
Sec. 2508. Technical and clerical amendments to the National Security 
Act of 1947.

SEC. 202. DEFINITIONS.

  In this division, the terms ``congressional intelligence committees'' 
and ``intelligence community'' have the meaning given those terms in 
section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.

  Funds are hereby authorized to be appropriated for fiscal year 2019 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
          (1) The Office of the Director of National Intelligence.
          (2) The Central Intelligence Agency.
          (3) The Department of Defense.
          (4) The Defense Intelligence Agency.
          (5) The National Security Agency.
          (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
          (7) The Coast Guard.
          (8) The Department of State.
          (9) The Department of the Treasury.
          (10) The Department of Energy.
          (11) The Department of Justice.
          (12) The Federal Bureau of Investigation.
          (13) The Drug Enforcement Administration.
          (14) The National Reconnaissance Office.
          (15) The National Geospatial-Intelligence Agency.
          (16) The Department of Homeland Security.

SEC. 2102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

  (a) Specifications of Amounts.--The amounts authorized to be 
appropriated under section 2101 for the conduct of the intelligence 
activities of the elements listed in paragraphs (1) through (16) of 
section 2101, are those specified in the classified Schedule of 
Authorizations prepared to accompany this division.
  (b) Availability of Classified Schedule of Authorizations.--
          (1) Availability.--The classified Schedule of Authorizations 
        referred to in subsection (a) shall be made available to the 
        Committee on Appropriations of the Senate, the Committee on 
        Appropriations of the House of Representatives, and to the 
        President.
          (2) Distribution by the president.--Subject to paragraph (3), 
        the President shall provide for suitable distribution of the 
        classified Schedule of Authorizations referred to in subsection 
        (a), or of appropriate portions of such Schedule, within the 
        executive branch.
          (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                  (A) as provided in section 601(a) of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007 (50 
                U.S.C. 3306(a));
                  (B) to the extent necessary to implement the budget; 
                or
                  (C) as otherwise required by law.

SEC. 2103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

  (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2019 the sum of 
$514,524,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 2102(a) for advanced 
research and development shall remain available until September 30, 
2020.
  (b) Classified Authorizations.--In addition to amounts authorized to 
be appropriated for the Intelligence Community Management Account by 
subsection (a), there are authorized to be appropriated for the 
Intelligence Community Management Account for fiscal year 2019 such 
additional amounts as are specified in the classified Schedule of 
Authorizations referred to in section 2102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 2201. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2019 the sum of 
$514,000,000.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 2301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

  The authorization of appropriations by this division shall not be 
deemed to constitute authority for the conduct of any intelligence 
activity which is not otherwise authorized by the Constitution or the 
laws of the United States.

SEC. 2302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
                    LAW.

  Appropriations authorized by this division for salary, pay, 
retirement, and other benefits for Federal employees may be increased 
by such additional or supplemental amounts as may be necessary for 
increases in such compensation or benefits authorized by law.

SEC. 2303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE, 
                    TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS 
                    AND ADDITION OF SPECIAL PAY AUTHORITY FOR CYBER 
                    POSITIONS.

  Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a) 
is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) Special Rates of Pay for Positions Requiring Expertise in 
Science, Technology, Engineering, or Mathematics.--
          ``(1) In general.--Notwithstanding part III of title 5, 
        United States Code, the head of each element of the 
        intelligence community may, for 1 or more categories of 
        positions in such element that require expertise in science, 
        technology, engineering, or mathematics--
                  ``(A) establish higher minimum rates of pay; and
                  ``(B) make corresponding increases in all rates of 
                pay of the pay range for each grade or level, subject 
                to subsection (b) or (c), as applicable.
          ``(2) Treatment.--The special rate supplements resulting from 
        the establishment of higher rates under paragraph (1) shall be 
        basic pay for the same or similar purposes as those specified 
        in section 5305(j) of title 5, United States Code.'';
          (2) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively;
          (3) by inserting after subsection (a) the following:
  ``(b) Special Rates of Pay for Cyber Positions.--
          ``(1) In general.--Notwithstanding subsection (c), the 
        Director of the National Security Agency may establish a 
        special rate of pay--
                  ``(A) not to exceed the rate of basic pay payable for 
                level II of the Executive Schedule under section 5313 
                of title 5, United States Code, if the Director 
                certifies to the Under Secretary of Defense for 
                Intelligence, in consultation with the Under Secretary 
                of Defense for Personnel and Readiness, that the rate 
                of pay is for positions that perform functions that 
                execute the cyber mission of the Agency; or
                  ``(B) not to exceed the rate of basic pay payable for 
                the Vice President of the United States under section 
                104 of title 3, United States Code, if the Director 
                certifies to the Secretary of Defense, by name, 
                individuals that have advanced skills and competencies 
                and that perform critical functions that execute the 
                cyber mission of the Agency.
          ``(2) Pay limitation.--Employees receiving a special rate 
        under paragraph (1) shall be subject to an aggregate pay 
        limitation that parallels the limitation established in section 
        5307 of title 5, United States Code, except that--
                  ``(A) any allowance, differential, bonus, award, or 
                other similar cash payment in addition to basic pay 
                that is authorized under title 10, United States Code, 
                (or any other applicable law in addition to title 5 of 
                such Code, excluding the Fair Labor Standards Act of 
                1938 (29 U.S.C. 201 et seq.)) shall also be counted as 
                part of aggregate compensation; and
                  ``(B) aggregate compensation may not exceed the rate 
                established for the Vice President of the United States 
                under section 104 of title 3, United States Code.
          ``(3) Limitation on number of recipients.--The number of 
        individuals who receive basic pay established under paragraph 
        (1)(B) may not exceed 100 at any time.
          ``(4) Limitation on use as comparative reference.--
        Notwithstanding any other provision of law, special rates of 
        pay and the limitation established under paragraph (1)(B) may 
        not be used as comparative references for the purpose of fixing 
        the rates of basic pay or maximum pay limitations of qualified 
        positions under section 1599f of title 10, United States Code, 
        or section 226 of the Homeland Security Act of 2002 (6 U.S.C. 
        147).'';
          (4) in subsection (c), as redesignated by paragraph (2), by 
        striking ``A minimum'' and inserting ``Except as provided in 
        subsection (b), a minimum'';
          (5) in subsection (d), as redesignated by paragraph (2), by 
        inserting ``or (b)'' after ``by subsection (a)''; and
          (6) in subsection (g), as redesignated by paragraph (2)--
                  (A) in paragraph (1), by striking ``Not later than 90 
                days after the date of the enactment of the 
                Intelligence Authorization Act for Fiscal Year 2017'' 
                and inserting ``Not later than 90 days after the date 
                of the enactment of the Intelligence Authorization Act 
                for Fiscal Year 2019''; and
                  (B) in paragraph (2)(A), by inserting ``or (b)'' 
                after ``subsection (a)''.

SEC. 2304. REPEAL OF JOINT INTELLIGENCE COMMUNITY COUNCIL.

  (a) Repeal.--Section 101A of the National Security Act of 1947 (50 
U.S.C. 3022) is hereby repealed.
  (b) Clerical Amendment.--The table of contents at the beginning of 
such Act is amended by striking the item relating to section 101A.
  (c) Conforming Amendment.--Section 102A(c)(1)(B) of such Act (50 
U.S.C. 3024) is amended by striking ``and, after obtaining the advice 
of the Joint Intelligence Community Council''.

SEC. 2305. PERMANENT ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY 
                    CHAIN RISKS.

  Section 309 of the Intelligence Authorization Act for Fiscal Year 
2012 (Public Law 112-87; 125 Stat. 1875; 50 U.S.C. 3329 note) is 
amended by striking subsection (g).

SEC. 2306. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.

  (a) Roles and Responsibilities.--
          (1) Director of national intelligence.--The Director of 
        National Intelligence shall be responsible for coordinating the 
        performance by elements of the intelligence community of IC 
        ITE, including each of the following:
                  (A) Ensuring compliance with all applicable IC ITE 
                rules and regulations.
                  (B) Ensuring IC ITE measurable performance goals 
                exist.
                  (C) Documenting IC ITE standards and practices.
                  (D) Acting as an arbiter among elements of the 
                intelligence community related to any disagreements 
                arising out of the implementation of IC ITE.
                  (E) Delegating responsibilities to the elements of 
                the intelligence community and carrying out such other 
                responsibilities as are necessary for the effective 
                implementation of IC ITE.
          (2) Key service providers.--Key service providers shall be 
        responsible for--
                  (A) providing key services, in coordination with the 
                Director of National Intelligence; and
                  (B) providing the Director with information requested 
                and required to fulfill the responsibilities of the 
                Director under paragraph (1).
          (3) Use of key services.--
                  (A) In general.--Except as provided in subparagraph 
                (B), each element of the intelligence community shall 
                use key services when such services are available.
                  (B) Exception.--The Director of National Intelligence 
                may provide for a written exception to the requirement 
                under subparagraph (A) if the Director determines there 
                is a compelling financial or mission need for such 
                exception.
  (b) Management Accountability.--Not later than 90 days after the date 
of the enactment of this Act, the Director of National Intelligence 
shall designate and maintain one or more accountable IC ITE executives 
to be responsible for--
          (1) IC ITE management, financial control, and integration;
          (2) ensuring the performance of each key service, including 
        establishing measurable service requirements and schedules;
          (3) ensuring independent testing of each IC ITE core service, 
        including testing by the intended users, to evaluate 
        performance against measurable service requirements and to 
        ensure the capability meets user requirements; and
          (4) coordinate IC ITE transition or restructuring efforts, 
        including phase out of legacy systems.
  (c) Security Plan.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
develop and maintain a security plan for IC ITE.
  (d) Long-term Roadmap.--Not later than 180 days after the date of the 
enactment of this Act, and during each of the second and fourth fiscal 
quarters thereafter, the Director of National Intelligence shall submit 
to the congressional intelligence committees a long-term roadmap that 
shall include each of the following:
          (1) A description of the minimum required and desired key 
        service requirements, including--
                  (A) key performance parameters; and
                  (B) an assessment of current, measured performance.
          (2) IC ITE implementation milestones, including each of the 
        following:
                  (A) A schedule for expected deliveries of key service 
                capabilities during each of the following phases:
                          (i) Concept refinement and technology 
                        maturity demonstration.
                          (ii) Development, integration, and 
                        demonstration,
                          (iii) Production, deployment, and 
                        sustainment.
                          (iv) System retirement.
                  (B) Dependencies of such key service capabilities.
                  (C) Plans for the transition or restructuring 
                necessary to incorporate key service capabilities.
                  (D) A description of any legacy systems and 
                discontinued capabilities to be phased out.
          (3) Such other matters as the Director determines 
        appropriate.
  (e) Business Plan.--Not later than 180 days after the date of the 
enactment of this Act, and during each of the second and fourth fiscal 
quarters thereafter, the Director of National Intelligence shall submit 
to the congressional intelligence committees a business plan that 
includes each of the following:
          (1) A uniform approach to identify IC ITE key service funding 
        requests within the proposed budget, including multiyear plans 
        to implement the long-term roadmap required by subsection (d).
          (2) A uniform approach by which each element of the 
        intelligence community shall identify the cost of legacy 
        information technology or alternative capabilities where IC ITE 
        services will also be available.
          (3) A uniform effort by which each element of the 
        intelligence community shall identify transition and 
        restructuring costs for new, existing, and retiring IC ITE 
        services, as well as IC ITE services that have changed 
        designations among core service, service of common concern, and 
        agency unique service.
          (4) A fair and equitable rate structure for use of IC ITE.
  (f) Quarterly Presentations.--Beginning not later than 180 days after 
the date of the enactment of this Act, the Director of National 
Intelligence shall provide to the congressional intelligence committees 
quarterly updates regarding ongoing implementation of IC ITE as 
compared to the requirements in the most recently submitted security 
plan required by subsection (c), long-term roadmap required by 
subsection (d), and business plan required by subsection (e).
  (g) Additional Notifications.--The Director of National Intelligence 
shall provide timely notification to the congressional intelligence 
committees regarding any policy changes related to or affecting IC ITE, 
new initiatives or strategies related to or impacting IC ITE, and 
changes or deficiencies in the execution of the security plan required 
by subsection (c), long-term roadmap required by subsection (d), and 
business plan required by subsection (e).
  (h) Definitions.--In this section:
          (1) The term ``agency unique service'' means a capability 
        that is unique to and used only within one element of the 
        intelligence community.
          (2) The term ``core service'' means a capability that is 
        available to multiple elements of the intelligence community 
        and required for consistent operation of IC ITE.
          (3) The term ``intelligence community information technology 
        environment'' or ``IC ITE'' means all of the information 
        technology services across the intelligence community, 
        including the data sharing and protection environment across 
        multiple classification domains.
          (4) The term ``key service'' is a core service or service of 
        common concern, but is not an agency unique service.
          (5) The term ``key service provider'' is the entity 
        responsible and accountable for implementing a key service 
        within the IC ITE.
          (6) The term ``service of common concern'' means a capability 
        available across IC ITE that is of interest to two or more 
        elements of the intelligence community.
  (i) Sunset.--The section shall have no effect on or after September 
30, 2024.

SEC. 2307. DEVELOPMENT OF SECURE CELLULAR VOICE SOLUTION FOR 
                    INTELLIGENCE COMMUNITY.

  (a) In General.--The Director of National Intelligence shall certify 
and approve the operation of a National Intelligence Program 
enterprise-wide secure voice cellular solution that leverages 
commercially available technology and operates on existing commercial 
cellular networks.
  (b) Policy.--The Director of National Intelligence shall establish an 
intelligence community policy for the cellular voice solution required 
by subsection (a) that addresses each of the following:
          (1) Determinations regarding eligibility to use a device 
        covered by such cellular voice solution.
          (2) The appropriate classification levels associated with the 
        use of secure cellular phones.
          (3) Measures that should be taken prior to initiating or 
        receiving a secure cellular call.
          (4) Appropriate methods for storage of secure devices when 
        not in the physical possession of an authorized user.
          (5) Such other matters as the Director determines 
        appropriate.
  (c) Costs.--The Director of National Intelligence shall ensure that 
annual operating costs of the secure cellular solution requirement in 
subsection (a), excluding initial development and deployment, are born 
on a cost-reimbursable basis by each relevant element of the 
intelligence community.

SEC. 2308. POLICY ON MINIMUM INSIDER THREAT STANDARDS.

  (a) Policy Required.--Not later than 60 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
establish a policy for minimum insider threat standards.
  (b) Implementation.--Not later than 180 days after the date of the 
enactment of this Act, the head of each element of the intelligence 
community shall implement the policy established under subsection (a).

SEC. 2309. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.

  (a) Submission of Policies.--
          (1) Current policy.--Not later than 180 days after the date 
        of the enactment of this Act, the Director of National 
        Intelligence shall submit to the congressional intelligence 
        committees using the electronic repository all non-publicly 
        available policies, directives, and guidance issued by the 
        Director of National Intelligence for the intelligence 
        community that are in effect as of the date of the submission.
          (2) Continuous updates.--Not later than 15 days after the 
        date on which the Director of National Intelligence issues, 
        modifies, or rescinds a policy, directive, or guidance of the 
        intelligence community, the Director shall--
                  (A) notify the congressional intelligence committees 
                of such addition, modification, or removal; and
                  (B) update the electronic repository with respect to 
                such addition, modification, or removal.
  (b) Electronic Repository Defined.--In this section, the term 
``electronic repository'' means the electronic distribution mechanism, 
in use as of the date of the enactment of this Act, or any successor 
electronic distribution mechanism, by which the Director of National 
Intelligence submits to the congressional intelligence committees 
information.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

SEC. 2401. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.

  Section 103I(a) of the National Security Act of 1947 (50 U.S.C. 
3034(a)) is amended by adding at the end the following new sentence: 
``The Chief Financial Officer shall report directly to the Director of 
National Intelligence.''.

SEC. 2402. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.

  Section 103G(a) of the National Security Act of 1947 (50 U.S.C. 
3032(a)) is amended by adding at the end the following new sentence: 
``The Chief Information Officer shall report directly to the Director 
of National Intelligence.''.

                Subtitle B--Central Intelligence Agency

SEC. 2411. CIA SUBSISTENCE FOR PERSONNEL ASSIGNED TO AUSTERE LOCATIONS.

  Subsection (a) of section 5 of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 3506) is amended--
          (1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,'' 
        and inserting ``(50 U.S.C. 403-4a),'';
          (2) in paragraph (6), by striking ``and'' at the end;
          (3) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
          (4) by adding at the end the following new paragraph (8):
          ``(8) Upon the approval of the Director, provide, during any 
        fiscal year, with or without reimbursement, subsistence to any 
        personnel assigned to an overseas location designated by the 
        Agency as an austere location.''.

SEC. 2412. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION 
                    PAYMENTS AND OTHER PAYMENTS FOR CIA PERSONNEL.

  (a) In General.--The Central Intelligence Agency Act of 1949 (50 
U.S.C. 3501 et seq.) is amended by inserting after section 19 the 
following new section:

``SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON OF 
                    WAR, INSURGENCY, HOSTILE ACT, OR TERRORIST 
                    ACTIVITIES.

  ``(a) Adjustment of Compensation for Certain Injuries.--
          ``(1) Increase.--The Director of the Central Intelligence 
        Agency may increase the amount of monthly compensation paid to 
        a covered employee under section 8105 of title 5, United States 
        Code. Subject to paragraph (2), the Director may determine the 
        amount of each such increase by taking into account--
                  ``(A) the severity of the qualifying injury;
                  ``(B) the circumstances by which the covered employee 
                became injured; and
                  ``(C) the seniority of the covered employee.
  ``(2) Maximum.--Notwithstanding chapter 81 of title 5, United States 
Code, the total amount of monthly compensation increased under 
paragraph (1) may not exceed the monthly pay of the maximum rate of 
basic pay for GS-15 of the General Schedule under section 5332 of title 
5, United States Code.
  ``(b) Costs for Treating Qualifying Injuries.--The Director may pay 
the costs of treating a qualifying injury of a covered employee, a 
covered individual, or a covered dependent, or may reimburse a covered 
employee, a covered individual, or a covered dependent for such costs, 
that are not otherwise covered by chapter 81 of title 5, United States 
Code, or other provision of Federal law.
  ``(c) Treatment of Amounts.--For purposes of section 104 of the 
Internal Revenue Code of 1986, amounts paid pursuant to this section 
shall be treated as amounts paid under chapter 81 of title 5, United 
States Code.
  ``(d) Definitions.--In this section:
          ``(1) Covered dependent.--The term `covered dependent' means 
        a family member of a covered employee who, on or after 
        September 11, 2001--
                  ``(A) accompanies the covered employee to an assigned 
                duty station in a foreign country; and
                  ``(B) becomes injured by reason of a qualifying 
                injury.
          ``(2) Covered employee.--The term `covered employee' means an 
        officer or employee of the Central Intelligence Agency who, on 
        or after September 11, 2001, becomes injured by reason of a 
        qualifying injury.
          ``(3) Covered individual.--The term `covered individual' 
        means an individual who--
                  ``(A)(i) is detailed to the Central Intelligence 
                Agency from other agencies of the United States 
                Government or from the Armed Forces; or
                  ``(ii) is affiliated with the Central Intelligence 
                Agency, as determined by the Director; and
                  ``(B) who, on or after September 11, 2001, becomes 
                injured by reason of a qualifying injury.
          ``(4) Qualifying injury.--The term `qualifying injury' means 
        the following:
                  ``(A) With respect to a covered dependent, an injury 
                incurred--
                          ``(i) during war, insurgency, hostile act, or 
                        terrorist activities occurring during a period 
                        in which the covered dependent is accompanying 
                        the covered employee to an assigned duty 
                        station in a foreign country; and
                          ``(ii) that was not the result of the willful 
                        misconduct of the covered dependent.
                  ``(B) With respect to a covered employee or a covered 
                individual, an injury incurred--
                          ``(i) during war, insurgency, hostile act, or 
                        terrorist activities occurring during a period 
                        of assignment to a duty station in a foreign 
                        country; and
                          ``(ii) that was not the result of the willful 
                        misconduct of the covered employee or the 
                        covered individual.''.
  (b) Regulations.--Not later than 120 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall--
          (1) prescribe regulations ensuring the fair and equitable 
        implementation of section 19A of the Central Intelligence 
        Agency Act of 1949, as added by subsection (a); and
          (2) submit to the congressional intelligence committees such 
        regulations.
  (c) Application.--Section 19A of the Central Intelligence Agency Act 
of 1949, as added by subsection (a), shall apply with respect to--
          (1) payments made to covered employees (as defined in such 
        section) under section 8105 of title 5, United States Code, 
        beginning on or after the date of the enactment of this Act; 
        and
          (2) treatment described in subsection (b) of such section 19A 
        occurring on or after the date of the enactment of this Act.

SEC. 2413. EXPANSION OF SECURITY PROTECTIVE SERVICE JURISDICTION OF THE 
                    CENTRAL INTELLIGENCE AGENCY.

  Subsection (a) of section 15 of the Central Intelligence Act of 1949 
(50 U.S.C. 3515(a)) is amended--
          (1) in the subsection heading, by striking ``Policemen'' and 
        inserting ``Police Officers''; and
          (2) in paragraph (1)--
                  (A) in subparagraph (B), by striking ``500 feet;'' 
                and inserting ``500 yards;''; and
                  (B) in subparagraph (D), by striking ``500 feet.'' 
                and inserting ``500 yards.''.

SEC. 2414. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR 
                    CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL 
                    INTELLIGENCE AGENCY.

  (a) Repeal of Foreign Language Proficiency Requirement.--Section 104A 
of the National Security Act of 1947 (50 U.S.C. 3036) is amended by 
striking subsection (g).
  (b) Conforming Repeal of Report Requirement.--Section 611 of the 
Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108-
487) is amended by striking subsection (c).

     Subtitle C--Office of Intelligence and Counterintelligence of 
                          Department of Energy

SEC. 2421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF 
                    INTELLIGENCE AND COUNTERINTELLIGENCE.

  (a) In General.--Section 215 of the Department of Energy Organization 
Act (42 U.S.C. 7144b) is amended to read as follows:
            ``office of intelligence and counterintelligence
  ``Sec. 215. 
  ``(a) In General.--There is in the Department an Office of 
Intelligence and Counterintelligence. Such office shall be under the 
National Intelligence Program.
  ``(b) Director.--(1) The head of the Office shall be the Director of 
the Office of Intelligence and Counterintelligence, who shall be an 
employee in the Senior Executive Service, the Senior Intelligence 
Service, the Senior National Intelligence Service, or any other Service 
that the Secretary, in coordination with the Director of National 
Intelligence, considers appropriate. The Director of the Office shall 
report directly to the Secretary.
  ``(2) The Secretary shall select an individual to serve as the 
Director from among individuals who have substantial expertise in 
matters relating to the intelligence community, including foreign 
intelligence and counterintelligence.
  ``(c) Duties.--(1) Subject to the authority, direction, and control 
of the Secretary, the Director shall perform such duties and exercise 
such powers as the Secretary may prescribe.
  ``(2) The Director shall be responsible for establishing policy for 
intelligence and counterintelligence programs and activities at the 
Department.
  ``(d) Definitions.--In this section, the terms `intelligence 
community' and `National Intelligence Program' have the meanings given 
such terms in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003).''.
  (b) Conforming Repeal.--Section 216 of the Department of Energy 
Organization Act (42 U.S.C. 7144c) is hereby repealed.
  (c) Clerical Amendment.--The table of contents at the beginning of 
the Department of Energy Organization Act is amended by striking the 
items relating to sections 215 and 216 and inserting the following new 
item:

``215. Office of Intelligence and Counterintelligence.''.

SEC. 2422. ESTABLISHMENT OF ENERGY INFRASTRUCTURE SECURITY CENTER.

  Section 215 of the Department of Energy Organization Act (42 U.S.C. 
7144b), as amended by section 2421, is further amended--
          (1) by redesignating subsection (d) as subsection (e); and
          (2) by inserting after subsection (c) the following new 
        subsection (d):
  ``(d) Energy Infrastructure Security Center.--(1)(A) The President 
shall establish an Energy Infrastructure Security Center, taking into 
account all appropriate government tools to analyze and disseminate 
intelligence relating to the security of the energy infrastructure of 
the United States.
  ``(B) The Secretary shall appoint the head of the Energy 
Infrastructure Security Center.
  ``(C) The Energy Infrastructure Security Center shall be located 
within the Office of Intelligence and Counterintelligence.
  ``(2) In establishing the Energy Infrastructure Security Center, the 
Director of the Office of Intelligence and Counterintelligence shall 
address the following missions and objectives to coordinate and 
disseminate intelligence relating to the security of the energy 
infrastructure of the United States:
          ``(A) Establishing a primary organization within the United 
        States Government for analyzing and integrating all 
        intelligence possessed or acquired by the United States 
        pertaining to the security of the energy infrastructure of the 
        United States.
          ``(B) Ensuring that appropriate departments and agencies have 
        full access to and receive intelligence support needed to 
        execute the plans or activities of the agencies, and perform 
        independent, alternative analyses.
          ``(C) Establishing a central repository on known and 
        suspected foreign threats to the energy infrastructure of the 
        United States, including with respect to any individuals, 
        groups, or entities engaged in activities targeting such 
        infrastructure, and the goals, strategies, capabilities, and 
        networks of such individuals, groups, or entities.
          ``(D) Disseminating intelligence information relating to the 
        security of the energy infrastructure of the United States, 
        including threats and analyses, to the President, to the 
        appropriate departments and agencies, and to the appropriate 
        committees of Congress.
  ``(3) The President may waive the requirements of this subsection, 
and any parts thereof, if the President determines that such 
requirements do not materially improve the ability of the United States 
Government to prevent and halt attacks against the energy 
infrastructure of the United States. Such waiver shall be made in 
writing to Congress and shall include a description of how the missions 
and objectives in paragraph (2) are being met.
  ``(4) If the President decides not to exercise the waiver authority 
granted by paragraph (3), the President shall submit to Congress from 
time to time updates and plans regarding the establishment of an Energy 
Infrastructure Security Center.''.

SEC. 2423. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE EXECUTIVE 
                    COMMITTEE AND BUDGET REPORTING REQUIREMENT.

  Section 214 of the Department of Energy Organization Act (42 U.S.C. 
7144a) is amended--
          (1) by striking ``(a) Duty of Secretary.--''; and
          (2) by striking subsections (b) and (c).

                       Subtitle D--Other Elements

SEC. 2431. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY 
                    PERSONNEL AT FIELD LOCATIONS.

  Not later than 18 months after the date of the enactment of this Act, 
the Under Secretary of Homeland Security for Intelligence and Analysis 
shall transfer not less than 40 personnel who are stationed, as of the 
date of the enactment of this Act, at the Department of Homeland 
Security headquarters located at Nebraska Avenue Northwest, Washington, 
District of Columbia, to locations at least 30 miles from such 
headquarters in order to collocate such personnel with and provide 
support for Department of Homeland Security operational units from 
Customs and Border Protection, the Transportation Security 
Administration, Immigration and Customs Enforcement, or other elements 
of the Department of Homeland Security.

SEC. 2432. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF DEFENSE 
                    INTELLIGENCE AGENCY.

  (a) In General.--The Director of National Intelligence and the 
Secretary of Defense shall jointly establish a framework to ensure the 
appropriate balance of resources for the roles, missions, and functions 
of the Defense Intelligence Agency in its capacity as an element of the 
intelligence community and as a combat support agency. The framework 
shall include supporting processes to provide for the consistent and 
regular reevaluation of the responsibilities and resources of the 
Defense Intelligence Agency to prevent imbalanced priorities, 
insufficient or misaligned resources, and the unauthorized expansion of 
mission parameters.
  (b) Matters for Inclusion.--The framework required under subsection 
(a) shall include each of the following:
          (1) A lexicon providing for consistent definitions of 
        relevant terms used by both the intelligence community and the 
        Department of Defense, including each of the following:
                  (A) Defense intelligence enterprise.
                  (B) Enterprise manager.
                  (C) Executive agent.
                  (D) Function.
                  (E) Functional manager.
                  (F) Mission.
                  (G) Mission manager.
                  (H) Responsibility.
                  (I) Role.
                  (J) Service of common concern.
          (2) An assessment of the necessity of maintaining separate 
        designations for the intelligence community and the Department 
        of Defense for intelligence functional or enterprise management 
        constructs.
          (3) A repeatable process for evaluating the addition, 
        transfer, or elimination of defense intelligence missions, 
        roles, and functions, currently performed or to be performed in 
        the future by the Defense Intelligence Agency, which includes 
        each of the following:
                  (A) A justification for the addition, transfer, or 
                elimination of a mission, role, or function.
                  (B) The identification of which, if any, element of 
                the Federal Government performs the considered mission, 
                role, or function.
                  (C) In the case of any new mission, role, or 
                functions--
                          (i) an assessment of the most appropriate 
                        agency or element to perform such mission, 
                        role, or function, taking into account the 
                        resource profiles, scope of responsibilities, 
                        primary customers, and existing infrastructure 
                        necessary to support such mission, role, or 
                        function; and
                          (ii) a determination of the appropriate 
                        resource profile and an identification of the 
                        projected resources needed and the proposed 
                        source of such resources over the future-years 
                        defense program, to be provided in writing to 
                        any elements of the intelligence community or 
                        the Department of Defense affected by the 
                        assumption, transfer, or elimination of any 
                        mission, role, or function.
                  (D) In the case of any mission, role, or function 
                proposed to be assumed, transferred, or eliminated, an 
                assessment, which shall be completed jointly by the 
                heads of each element affected by such assumption, 
                transfer, or elimination, of the risks that would be 
                assumed by the intelligence community and the 
                Department if such mission, role, or function is 
                assumed, transferred, or eliminated.
                  (E) A description of how determinations are made 
                regarding the funding of programs and activities under 
                the National Intelligence Program and the Military 
                Intelligence Program, including--
                          (i) which programs or activities are funded 
                        under each such Program;
                          (ii) which programs or activities should be 
                        jointly funded under both such Programs and how 
                        determinations are made with respect to funding 
                        allocations for such programs and activities; 
                        and
                          (iii) the thresholds and process for changing 
                        a program or activity from being funded under 
                        one such Program to being funded under the 
                        other such Program.

SEC. 2433. CONSULTATION BY SECRETARY OF DEFENSE WITH DIRECTOR OF 
                    NATIONAL INTELLIGENCE FOR CERTAIN FUNCTIONS.

  Section 105(b) of the National Security Act of 1947 (50 U.S.C. 
3038(b)) is amended in the matter preceding paragraph (1) by inserting 
``, in consultation with the Director of National Intelligence,'' after 
``the Secretary of Defense''.

SEC. 2434. CONSTRUCTION OF NATIONAL SECURITY AGENCY EAST CAMPUS 
                    BUILDING 3.

  (a) Sense of Congress.--It is the sense of Congress that in carrying 
out the construction at the National Security Agency East Campus, the 
Director of the National Security Agency should prioritize the 
consolidation of national intelligence mission activities on such 
campus and away from disparate leased facilities in the Washington-
Baltimore region.
  (b) Incremental Construction of East Campus Building 3.--
          (1) In general.--The Director of the National Security Agency 
        may provide for the construction of East Campus Building 3, as 
        authorized in section 2102, in increments, subject to annual 
        appropriations, except that the total amount expended on the 
        construction of East Campus Building 3 may not exceed 
        $775,000,000.
          (2) Fiscal year 2019.--The authorization of appropriations 
        for East Campus Building 3 under section 2102 is an 
        authorization to proceed with the construction of East Campus 
        Building 3. The Director of the National Security Agency shall 
        conduct necessary activities during fiscal year 2019 to avoid 
        delays in project completion.
  (c) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of the National Security Agency shall submit 
to the congressional intelligence committees a plan for the 
construction of East Campus Building 4 and East Campus Building 5. Such 
plan shall include--
          (1) a list of commercial leases in the Washington-Baltimore 
        region that could be terminated if Congress authorizes the 
        construction of East Campus Building 4 and East Campus Building 
        5; and
          (2) an analysis of options to accelerate East Campus 
        construction efforts.

SEC. 2435. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE 
                    OFFICE.

  (a) Establishment.--Section 106A of the National Security Act of 1947 
(50 U.S.C. 3041a) is amended by adding at the end the following new 
subsection:
  ``(d) Advisory Board.--
          ``(1) Establishment.--There is established in the National 
        Reconnaissance Office an advisory board (in this section 
        referred to as the `Board').
          ``(2) Duties.--The Board shall--
                  ``(A) study matters relating to the mission of the 
                National Reconnaissance Office, including with respect 
                to space, overhead reconnaissance, acquisition, and 
                other matters; and
                  ``(B) advise and report directly the Director with 
                respect to such matters.
          ``(3) Members.--
                  ``(A) Number and appointment.--The Board shall be 
                composed of 5 members appointed by the Director from 
                among individuals with demonstrated academic, 
                government, business, or other expertise relevant to 
                the mission and functions of the National 
                Reconnaissance Office.
                  ``(B) Terms.--Each member shall be appointed for a 
                term of 2 years. Except as provided by subparagraph 
                (C), a member may not serve more than 3 terms.
                  ``(C) Vacancy.--Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that member's term 
                until a successor has taken office.
                  ``(D) Chair.--The Board shall have a Chair, who shall 
                be appointed by the Director from among the members.
                  ``(E) Travel expenses.--Each member shall receive 
                travel expenses, including per diem in lieu of 
                subsistence, in accordance with applicable provisions 
                under subchapter I of chapter 57 of title 5, United 
                States Code.
                  ``(F) Executive secretary.--The Director may appoint 
                an executive secretary, who shall be an employee of the 
                National Reconnaissance Office, to support the Board.
          ``(4) Meetings.--The Board shall meet not less than 
        quarterly, but may meet more frequently at the call of the 
        Director.
          ``(5) Reports.--Not later than March 31 of each year, the 
        Board shall submit to the Director and to the congressional 
        intelligence committees a report on the activities of the Board 
        during the preceding year.
          ``(6) Nonapplicability of certain requirements.--The Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Board.''.
  (b) Initial Appointments.--Not later than 180 days after the date of 
the enactment of this Act, the Director of the National Reconnaissance 
Office shall appoint the initial 5 members to the advisory board under 
subsection (d) of section 106A of the National Security Act of 1947 (50 
U.S.C. 3041a), as added by subsection (a).

                   TITLE V--REPORTS AND OTHER MATTERS

SEC. 2501. PUBLIC INTEREST DECLASSIFICATION BOARD.

  Section 710(b) of the Public Interest Declassification Act of 2000 
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking 
``2018'' and inserting ``2028''.

SEC. 2502. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

  (a) Correcting Long-standing Material Weaknesses.--Section 368 of the 
Intelligence Authorization Act for Fiscal Year 2010 (Public Law 110-
259; 50 U.S.C. 3051 note) is hereby repealed.
  (b) Annual Report on Interactions Between Intelligence Community and 
Entertainment Industry.--Section 308 of the Intelligence Authorization 
Act for Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat. 
813; 50 U.S.C. 3222) is amended by striking subsection (c).
  (c) Declassification Review With Respect to Detainees Transferred 
From United States Naval Station, Guantanamo Bay, Cuba.--Section 601 of 
such Act (division N of Public Law 115-31; 131 Stat. 827) is hereby 
repealed.
  (d) Interagency Threat Assessment and Coordination Group.--Section 
210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended--
          (1) by striking subsection (c); and
          (2) by redesignating subsections (d) through (i) as 
        subsections (c) through (h), respectively; and
          (3) in subsection (c), as so redesignated--
                  (A) in paragraph (8), by striking ``; and'' and 
                inserting a period; and
                  (B) by striking paragraph (9).
  (e) Inspector General Report.--Section 8H of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended--
          (1) by striking subsection (g); and
          (2) by redesignating subsections (h) and (i) as subsections 
        (g) and (h), respectively.

SEC. 2503. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND 
                    ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR 
                    FEDERAL OFFICES.

  (a) Determinations of Significant Foreign Cyber Intrusions and Active 
Measures Campaigns.--The Director of National Intelligence, the 
Director of the Federal Bureau of Investigation, and the Secretary of 
Homeland Security shall jointly carry out subsection (b) if such 
Directors and the Secretary jointly determine--
          (1) that on or after the date of the enactment of this Act, a 
        significant foreign cyber intrusion or active measures campaign 
        intended to influence an upcoming election for any Federal 
        office has occurred or is occurring; and
          (2) with moderate or high confidence, that such intrusion or 
        campaign can be attributed to a foreign state or to a foreign 
        nonstate person, group, or other entity.
  (b) Briefing.--
          (1) In general.--Not later than 14 days after making a 
        determination under subsection (a), the Director of National 
        Intelligence, the Director of the Federal Bureau of 
        Investigation, and the Secretary of Homeland Security, shall 
        jointly provide a briefing to the congressional leadership, the 
        congressional intelligence committees and, consistent with the 
        protection of sources and methods, the other appropriate 
        congressional committees. The briefing shall be classified and 
        address, at a minimum, the following:
                  (A) A description of the significant foreign cyber 
                intrusion or active measures campaign, as the case may 
                be, covered by the determination.
                  (B) An identification of the foreign state or foreign 
                nonstate person, group, or other entity, to which such 
                intrusion or campaign has been attributed.
                  (C) The desirability and feasibility of the public 
                release of information about the cyber intrusion or 
                active measures campaign.
                  (D) Any other information such Directors and the 
                Secretary jointly determine appropriate.
          (2) Electronic election infrastructure briefings.--With 
        respect to a significant foreign cyber intrusion covered by a 
        determination under subsection (a), the Secretary of Homeland 
        Security, in consultation with the Director of National 
        Intelligence and the Director of the Federal Bureau of 
        Investigation, shall offer to the owner or operator of any 
        electronic election infrastructure directly affected by such 
        intrusion, a briefing on such intrusion, including steps that 
        may be taken to mitigate such intrusion. Such briefing may be 
        classified and made available only to individuals with 
        appropriate security clearances.
          (3) Protection of sources and methods.--This subsection shall 
        be carried out in a manner that is consistent with the 
        protection of sources and methods.
  (c) Definitions.--In this section:
          (1) Active measures campaign.--The term ``active measures 
        campaign'' means a foreign semi-covert or covert intelligence 
        operation.
          (2) Candidate, election, and political party.--The terms 
        ``candidate'', ``election'', and ``political party'' have the 
        meanings given those terms in section 301 of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30101).
          (3) Congressional leadership.--The term ``congressional 
        leadership'' includes the following:
                  (A) The majority leader of the Senate.
                  (B) The minority leader of the Senate.
                  (C) The Speaker of the House of Representatives.
                  (D) The minority leader of the House of 
                Representatives.
          (4) Cyber intrusion.--The term ``cyber intrusion'' means an 
        electronic occurrence that actually or imminently jeopardizes, 
        without lawful authority, electronic election infrastructure, 
        or the integrity, confidentiality, or availability of 
        information within such infrastructure.
          (5) Electronic election infrastructure.--The term 
        ``electronic election infrastructure'' means an electronic 
        information system of any of the following that is related to 
        an election for Federal office:
                  (A) The Federal Government.
                  (B) A State or local government.
                  (C) A political party.
                  (D) The election campaign of a candidate.
          (6) Federal office.--The term ``Federal office'' has the 
        meaning given that term in section 301 of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30101).
          (7) High confidence.--The term ``high confidence'', with 
        respect to a determination, means that the determination is 
        based on high-quality information from multiple sources.
          (8) Moderate confidence.--The term ``moderate confidence'', 
        with respect to a determination, means that a determination is 
        credibly sourced and plausible but not of sufficient quality or 
        corroborated sufficiently to warrant a higher level of 
        confidence.
          (9) Other appropriate congressional committees.--The term 
        ``other appropriate congressional committees'' means--
                  (A) the Committee on Armed Services and the Committee 
                on Homeland Security and Governmental Affairs of the 
                Senate; and
                  (B) the Committee on Armed Services and the Committee 
                on Homeland Security of the House of Representatives.

SEC. 2504. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND RELATED 
                    PROGRAMS.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) there should be established, through the issuing of an 
        Intelligence Community Directive or otherwise, an intelligence 
        community-wide program for student loan repayment, student loan 
        forgiveness, financial counseling, and related matters, for 
        employees of the intelligence community;
          (2) creating such a program would enhance the ability of the 
        elements of the intelligence community to recruit, hire, and 
        retain highly qualified personnel, including with respect to 
        mission-critical and hard-to-fill positions;
          (3) such a program, including with respect to eligibility 
        requirements, should be designed so as to maximize the ability 
        of the elements of the intelligence community to recruit, hire, 
        and retain highly qualified personnel, including with respect 
        to mission-critical and hard-to-fill positions; and
          (4) to the extent possible, such a program should be uniform 
        throughout the intelligence community and publicly promoted by 
        each element of the intelligence community to both current 
        employees of the element as well as to prospective employees of 
        the element.
  (b) Report on Potential Intelligence Community-wide Program.--
          (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence, in cooperation with the heads of the elements of 
        the intelligence community and the heads of any other 
        appropriate department or agency of the Federal Government, 
        shall submit to the congressional intelligence committees a 
        report on potentially establishing and carrying out an 
        intelligence community-wide program for student loan repayment, 
        student loan forgiveness, financial counseling, and related 
        matters, as described in subsection (a).
          (2) Matters included.--The report under paragraph (1) shall 
        include, at a minimum, the following:
                  (A) A description of the financial resources that the 
                elements of the intelligence community would require to 
                establish and initially carry out the program specified 
                in paragraph (1).
                  (B) A description of the practical steps to establish 
                and carry out such a program.
                  (C) The identification of any legislative action the 
                Director determines necessary to establish and carry 
                out such a program.
  (c) Annual Reports on Established Programs.--
          (1) In general.--The Director of National Intelligence shall 
        annually submit to the congressional intelligence committees a 
        report on the covered programs. Each such report shall include, 
        with respect to the period covered by the report, the 
        following:
                  (A) The number of personnel from each element of the 
                intelligence community who used each covered program.
                  (B) The total amount of funds each element expended 
                for each such program.
                  (C) A description of the efforts made by each element 
                to promote each covered program pursuant to both the 
                personnel of the element of the intelligence community 
                and to prospective personnel.
          (2) Covered programs defined.--In this subsection, the term 
        ``covered programs'' means any loan repayment program, loan 
        forgiveness program, financial counseling program, or similar 
        programs, established pursuant to title X of the National 
        Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other 
        provision of law that may be administered or used by an element 
        of the intelligence community.

SEC. 2505. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON SENIOR 
                    EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF 
                    NATIONAL INTELLIGENCE.

  (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to the congressional intelligence committees a report on the number of 
Senior Executive Service positions in the Office of the Director of 
National Intelligence.
  (b) Matters Included.--The report under subsection (a) shall include 
the following:
          (1) The number of required Senior Executive Service positions 
        for the Office of the Director of National Intelligence.
          (2) Whether such requirements are reasonably based on the 
        mission of the Office.
          (3) A discussion of how the levels of the Senior Executive 
        Service positions in the Office compare to the number of senior 
        positions at other elements of the intelligence community.
  (c) Cooperation.--The Director of National Intelligence shall provide 
to the Comptroller General any information requested by the Comptroller 
General to carry out this section by not later than 5 business days 
after the date on which the Comptroller General makes such request.
  (d) Senior Executive Service Position Defined.--In this section, the 
term ``Senior Executive Service position'' has the meaning given that 
term in section 3132(a)(2) of title 5, United States Code, and includes 
any position above the GS-15, step 10, level of the General Schedule 
under section 5332 of such title.

SEC. 2506. BRIEFINGS ON COUNTERINTELLIGENCE ACTIVITIES OF THE FEDERAL 
                    BUREAU OF INVESTIGATION.

  (a) Quarterly Briefings.--Not later than 90 days after the date of 
the enactment of this Act, and on a quarterly basis thereafter, the 
Director of the Federal Bureau of Investigation shall provide to the 
congressional intelligence committees a briefing on the 
counterintelligence activities of the Federal Bureau of Investigation. 
Such briefings shall include, at a minimum, an overview and update of--
          (1) the counterintelligence posture of the Bureau;
          (2) matters of counterintelligence concern; and
          (3) any other information relating to the counterintelligence 
        activities of the Bureau that the Director determines necessary 
        to keep the congressional intelligence committees fully and 
        currently informed as required by section 501 of the National 
        Security Act of 1947 (50 U.S.C. 3091).
  (b) Guidelines.--The Director, in coordination with the Attorney 
General and in consultation with the congressional intelligence 
committees, shall develop guidelines governing the scope of the 
briefings provided under subsection (a).

SEC. 2507. BRIEFING ON FBI OFFERING PERMANENT RESIDENCE TO SOURCES AND 
                    COOPERATORS.

  Not later than 30 days after the date of the enactment of this Act, 
the Director of the Federal Bureau of Investigation shall provide to 
the congressional intelligence committees a briefing on the ability of 
the Federal Bureau of Investigation to offer, as an inducement to 
assisting the Bureau, permanent residence within the United States to 
foreign individuals who are sources or cooperators in 
counterintelligence or other national security-related investigations. 
The briefing shall address the following:
          (1) The extent to which the Bureau may make such offers, 
        whether independently or in conjunction with other agencies and 
        departments of the United States Government, including a 
        discussion of the authorities provided by section 101(a)(15)(S) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(S)), section 7 of the Central Intelligence Agency 
        Act (50 U.S.C. 3508), and any other provision of law under 
        which the Bureau may make such offers.
          (2) An overview of the policies and operational practices of 
        the Bureau with respect to making such offers.
          (3) The sufficiency of such policies and practices with 
        respect to inducing individuals to cooperate with, serve as 
        sources for such investigations, or both.
          (4) Whether the Director recommends any legislative actions 
        to improve such policies and practices, particularly with 
        respect to the counterintelligence efforts of the Bureau.

SEC. 2508. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY 
                    ACT OF 1947.

  (a) Table of Contents.--The table of contents at the beginning of the 
National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
          (1) by inserting after the item relating to section 2 the 
        following new item:

``Sec. 3. Definitions.'';

          (2) by striking the item relating to section 107;
          (3) by striking the item relating to section 113B and 
        inserting the following new item:

``Sec. 113B. Special pay authority for science, technology, 
engineering, or mathematics positions.'';

          (4) by striking the items relating to sections 202, 203, 204, 
        208, 209, 210, 211, 212, 213, and 214; and
          (5) by inserting after the item relating to section 311 the 
        following new item:

``Sec. 312. Repealing and saving provisions.''.

  (b) Other Technical Corrections.--Such Act is further amended--
          (1) in section 102A--
                  (A) in subparagraph (G) of paragraph (1) of 
                subsection (g), by moving the margins of such 
                subparagraph 2 ems to the left; and
                  (B) in paragraph (3) of subsection (v), by moving the 
                margins of such paragraph 2 ems to the left;
          (2) in section 106--
                  (A) by inserting ``sec. 106'' before ``(a)''; and
                  (B) in subparagraph (I) of paragraph (2) of 
                subsection (b), by moving the margins of such 
                subparagraph 2 ems to the left;
          (3) by striking section 107;
          (4) in section 108(c), by striking ``in both a classified and 
        an unclassified form'' and inserting ``to Congress in 
        classified form, but may include an unclassified summary'';
          (5) in section 112(c)(1), by striking ``section 103(c)(7)'' 
        and inserting ``section 102A(i)'';
          (6) by amending section 201 to read as follows:

``SEC. 201. DEPARTMENT OF DEFENSE.

  ``Except to the extent inconsistent with the provisions of this Act 
or other provisions of law, the provisions of title 5, United States 
Code, shall be applicable to the Department of Defense.'';
          (7) in section 205, by redesignating subsections (b) and (c) 
        as subsections (a) and (b), respectively;
          (8) in section 206, by striking ``(a)'';
          (9) in section 207, by striking ``(c)'';
          (10) in section 308(a), by striking ``this Act'' and 
        inserting ``sections 2, 101, 102, 103, and 303 of this Act'';
          (11) by redesignating section 411 as section 312;
          (12) in section 503--
                  (A) in paragraph (5) of subsection (c)--
                          (i) by moving the margins of such paragraph 2 
                        ems to the left; and
                          (ii) by moving the margins of subparagraph 
                        (B) of such paragraph 2 ems to the left; and
                  (B) in paragraph (2) of subsection (d), by moving the 
                margins of such paragraph 2 ems to the left; and
          (13) in subparagraph (B) of paragraph (3) of subsection (a) 
        of section 504, by moving the margins of such subparagraph 2 
        ems to the right.

                                Purpose

    The purpose of H.R. 6237 is to authorize the intelligence 
and intelligence-related activities of the United States 
Government for Fiscal Years 2018 and 2019. These activities 
enhance the national security of the United States, support and 
assist the armed forces of the United States, and support the 
President in the execution of the foreign policy of the United 
States.

                Classified Annexes and Committee Intent

    The classified annexes to this report include the 
classified schedule of authorizations and associated 
explanatory language for fiscal years 2018 and 2019. The 
classified annexes are an integral part of this legislation. 
Each classified annex contains thorough discussions of the 
issues underlying the funding authorizations found in the 
classified schedules of authorizations. All intelligence 
programs discussed in the classified annexes to this report 
will follow the guidance and limitations set forth therein. The 
classified schedule of authorizations is incorporated directly 
into this legislation by virtue of Sections 1102 and 2102, 
respectively. The classified annexes are available for review 
by all Members of the House of Representatives, subject to the 
requirements of clause 13 of rule XXIII of the Rules of the 
House of Representatives and rule 14 of the Rules of Procedure 
for the House Permanent Select Committee on Intelligence.

                       Scope of Committee Review

    The bill authorizes U.S. intelligence and intelligence-
related activities within the jurisdiction of the Committee, 
including the National Intelligence Program (NIP) and the 
Military Intelligence Program (MIP), the Homeland Security 
Intelligence Program (HSIP), and the Information Systems 
Security Program (ISSP). The NIP consists of activities of the 
Office of the Director of National Intelligence and Central 
Intelligence Agency, as well as intelligence, intelligence-
related, and counterintelligence activities conducted by: the 
Department of Defense, including the Defense Intelligence 
Agency, the National Security Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance Office, and 
certain activities of the Departments of the Army, Navy, and 
Air Force; the Department of Energy; the Department of Justice, 
including the Federal Bureau of Investigation and the Drug 
Enforcement Administration; the Department of Homeland 
Security, including the U.S. Coast Guard and intelligence 
elements of DHS; Department of State; and the Department of the 
Treasury.

                     Committee Statement and Views

    H.R. 6237, the Matthew Young Pollard Intelligence 
Authorization Act for Fiscal Years 2018 and 2019 (the Act) 
authorizes the activities of, and funding for, the 17 agencies 
that comprise the U.S. Intelligence Community (IC). These 
activities include: deterring nation state adversaries like 
Russia and China; countering proliferators of weapons of mass 
destruction; defeating the Islamic State of Iraq and Syria 
(ISIS) and other terrorist groups; defending against world-wide 
cyber-attacks; and protecting the Homeland from overseas 
threats.
    The Act authorizes the resources necessary to face these 
challenges and provides for needed future capabilities. The 
total funding levels authorized by the classified Schedule of 
Authorizations are slightly above the Administration's budget 
request, balancing fiscal discipline and national security. 
However, the Committee remains concerned that the funding 
levels specified under current law for Fiscal Year 2020 and 
beyond could prevent the IC from fully carrying out its 
missions at a time when the United States and its allies face 
increasingly complex security challenges.
    The provisions of the Act consist of changes to statute and 
direction to the IC to enable effective, efficient, and 
constitutional intelligence activities. Because most of the 
intelligence budget involves classified programs, the bulk of 
the Committee's recommendations each year are found in the 
classified annex accompanying the bill. H.R. 6237 funds high-
priority initiatives not included in the President's budget 
request, trims requested increases that lack clear 
justifications, and reflects the Committee's determinations of 
which programs represent the best value for intelligence 
dollars.
    Ultimately, H.R. 6237 ensures that during fiscal years 2018 
and 2019, the dedicated men and women of the IC have the 
funding, authorities, and support they need to carry out their 
mission and keep America safe, while ensuring accountability 
and strict oversight of intelligence programs and activities.
    The Act is divided into two divisions: Division A and 
Division B, which contain the FY18 and FY19 Intelligence 
Authorization Acts, respectively.

            Division A: FY18 Intelligence Authorization Act


Management of the intelligence community workforce

    The Committee repeats direction from the Intelligence 
Authorization Act for Fiscal Year 2017 that the IC elements 
should build, develop, and maintain a workforce appropriately 
balanced among its civilian, military, and contractor employees 
to meet the missions assigned to it in law and by the 
president. Starting in fiscal year 2019, the Committee will no 
longer include position ceilings in the annual Schedule of 
Authorizations.
    Section 1103 of the Act includes authority for IC elements 
to adjust personnel ceilings by three percent, and by ten 
percent specifically for the purpose of contractor conversions. 
These flexibilities are temporary management tools that will 
cease in Fiscal Year 2019, when the IC fully implements the 
multi-sector workforce initiative.
    The Committee looks forward to working with the Office of 
the Director of National Intelligence (ODNI) as it issues 
implementation guidelines, sets standards for workforce cost 
analysis tools, and ensures that Congress retains sufficient 
insight into IC personnel resources. The Committee also looks 
forward to working with IC elements as they develop 
implementation strategies, assess the optimal workforce mix, 
and use internal controls to validate their workforce 
decisions.

Foreign service officer tour lengths

    Committee members and staff frequently meet with foreign 
service officers worldwide during oversight travel and 
recognize the difficulties faced by the Department of State in 
staffing embassies and consulates with officers with the 
necessary language and cultural expertise. The Committee 
believes that the current standard tour length for foreign 
service officers exacerbates these challenges by moving 
officers with significant language and cultural experience 
after only two years of service in each country, and therefore 
must be lengthened. The Committee further believes that the 
Department of State could achieve significant cost savings by 
reducing the number of permanent-changes-of-station and 
extending the tour length of officers overseas.
    Therefore, consistent with H.R. 6271, The Foreign Service 
Optimization Act of 2016, introduced by Chairman Nunes in the 
114th Congress, Section 1501 of the Act amends the Foreign 
Service Act of 1980 to permit the Secretary of State to allow 
foreign service officers to serve at an overseas post for a 
period of not more than six consecutive years. In addition, it 
requires the Secretary of State, with the assistance of other 
relevant officials, to require all members of the foreign 
service who receive language training in Arabic, Farsi, Chinese 
(Mandarin or Cantonese), Turkish, Korean, and Japanese to serve 
three successive tours in positions in which the acquired 
language is both relevant and determined to be a benefit to the 
Department of State--though the Secretary of State may waive 
that requirement for medical or family hardship reasons, or in 
the interest of national security.

Unauthorized disclosures of classified information

    The Committee is concerned by the widespread, recent media 
reports that purport to contain unauthorized disclosures of 
classified information. Protecting the nation's secrets from 
unauthorized disclosure is essential to safeguarding our 
nation's intelligence sources and methods. An unlawful 
disclosure of classified information can destroy sensitive 
collection capabilities and endanger American lives, including 
those individuals who take great personal risks to assist the 
United States in collecting vital foreign intelligence.
    Federal law prohibits the unauthorized disclosure of 
classified information, but enforcement is often lacking or 
inconsistent. Accordingly, the Committee desires to better 
understand the number of potential unauthorized disclosures 
discovered and investigated on a routine basis. Moreover, the 
Committee has little visibility into the number of 
investigations initiated by each IC agency or the number of 
criminal referrals to the Department of Justice. Accordingly, 
Section 1509 of the Act requires all IC agencies to provide the 
congressional intelligence committee with a semi-annual report 
of the number of investigations of unauthorized disclosures to 
journalists or media organizations, including subsequent 
referrals to the Attorney General.
    Additionally, the Committee wishes to better understand the 
role of Inspectors General (IGs) within elements of the IC, 
with respect to unauthorized disclosures of classified 
information at those elements.
    Therefore, the Committee directs the IC IG, within 180 days 
of enactment of this Act, to provide the congressional 
intelligence committees with a report regarding the role of IGs 
with respect to investigating unauthorized disclosures. The 
report shall address: the roles of IC elements' security 
personnel and law enforcement regarding unauthorized 
disclosures; the current role of IGs within IC elements 
regarding such disclosures; what, if any, specific actions 
could be taken by such IGs to increase their involvement in the 
investigation of such matters; any laws, rules or procedures 
that currently prevent IGs from increasing their involvement; 
and the benefits and drawbacks of increased IG involvement, to 
include potential impacts to IG's roles and missions.

Presidential Policy Guidance

    The Presidential Policy Guidance (PPG) dated May 22, 2013, 
and entitled ``Procedures for Approving Direct Action Against 
Terrorist Targets Located Outside the United States and Areas 
of Active Hostilities'' provides for the participation by 
elements of the IC in reviews of certain proposed 
counterterrorism operations. The Committee desires to remain 
fully and currently informed about the status of the PPG and 
its implementation.
    Therefore, the Committee directs ODNI, within five days of 
any change to the PPG, or to any successor policy guidance, to 
submit to the congressional intelligence committees a written 
notification thereof, that shall include a summary of the 
change and the specific legal and policy justification(s) for 
the change.

Centers for Academic Excellence

    The Committee commends the commitment demonstrated by 
ODNI's Centers for Academic Excellence (CAE) program managers, 
IC agencies that sponsored CAE interns, and all other personnel 
who contributed to making the inaugural edition of the CAE 
Internship Program a reality in summer 2017.
    The Committee expects the CAE Program to build on this 
foundation by showing measurable, swift progress, and 
ultimately fulfilling Congress's intent that the Program serve 
as a pipeline of the next generation of IC professionals.
    Therefore, the Committee directs that the IC take all 
viable action to expand the CAE Program by increasing, to the 
fullest extent possible:
          1. The number and racial and gender diversity of CAE 
        interns;
          2. The number of CAE academic institutions and their 
        qualified internship candidates participating in the 
        Program; and
          3. The number of IC elements that sponsor CAE 
        interns.

Report on violent extremist groups

    Violent extremist groups like ISIS continue to exploit the 
Internet for nefarious purposes: to inspire lone wolves; to 
spread propaganda; to recruit foreign fighters; and to plan and 
publicize atrocities. As the former Director of the National 
Counterterrorism Center (NCTC) has stated publicly:

          [W]e need to counter our adversaries' successful use 
        of social media platforms to advance their propaganda 
        goals, raise funds, recruit, coordinate travel and 
        attack plans, and facilitate operations. . . . Our 
        future work must focus on denying our adversaries the 
        capability to spread their messages to at-risk 
        populations that they can reach through the use of 
        these platforms.

    Section 403 of the Intelligence Authorization Act for 
Fiscal Year 2017 required the Director of National Intelligence 
(DNI), consistent with the protection of sources and methods, 
to assist public and private sector entities in recognizing 
online violent extremist content--specifically, by making 
publicly available a list of insignias and logos associated 
with foreign extremist groups designated by the Secretary of 
State. The Committee believes the IC can take further steps.
    Therefore, the Committee directs the Director of NCTC, in 
coordination with appropriate other officials designated by the 
DNI, within 180 days of enactment of this Act, to brief the 
congressional intelligence committees on options for a pilot 
program to develop and continually update best practices for 
private technology companies to quickly recognize and lawfully 
take down violent extremist content online.
    Such briefing shall address:
          1. The feasibility, risks, costs, and benefits of 
        such a program;
          2. The U.S. Government agencies and private sector 
        entities that would participate; and
          3. Any additional authorities that would be required 
        by the program's establishment.

South China Sea

    The South China Sea is an area of great geostrategic 
importance to the United States and its allies. However, 
China's controversial territorial claims and other actions 
stand to undercut international norms and erode the region's 
stability. It is thus imperative the United States uphold 
respect for international law in the South China Sea. 
Fulfilling that objective in turn will require an optimal 
intelligence collection posture.
    Therefore, the Committee directs the Department of Defense 
(DoD), in coordination with DNI, within 30 days of enactment of 
this Act, to brief the congressional intelligence and defense 
committees on known intelligence collection gaps, if any, with 
respect to adversary operations and aims in the South China 
Sea. The briefing shall identify the gaps and whether those 
gaps are driven by lack of access, lack of necessary collection 
capabilities or legal or policy authorities, or by other 
factors. The briefing shall also identify IC judgments that 
assess which intelligence disciplines would be best-suited to 
answer the existing gaps, and current plans to address the gaps 
over the Future Years Defense Program.

Improving analytic automation

    The Committee continues to support IC and DoD efforts to 
gather, analyze, manage, and store large amounts of 
intelligence, surveillance, and reconnaissance (ISR) data from 
remote sources. One such effort is the National Geospatial-
Intelligence Agency (NGA) program called Expeditionary Large 
Data Object Repository for Analytics in Deployed Operations. 
Managing data by making information discoverable to analysts 
across the globe while reducing storage and analytical access 
costs are critical steps in the IC and DoD's efforts to 
leverage commercial best practices in big data analytics. While 
NGA is at the forefront of such efforts, the Committee is 
concerned by DoD and IC's slow pace in developing formal 
requirements for big data analytic capabilities.
    The Committee understands DoD faces significant challenges 
in addressing combatant commanders' ISR requirements, and DoD 
is investing in new collection capabilities that are producing 
growing volumes of data. However, investments in ground 
processing, automation, and alert functions have not kept pace. 
For example, wide area motion imagery collection capabilities 
have evolved with technology and are producing extremely 
valuable ISR data, but processing and integration of this data 
is labor intensive. DoD continues to struggle to apply 
commercially-available data analysis and machine learning 
capabilities. The Committee recognizes that DoD's processing, 
exploitation and dissemination (PED) shortfalls cannot be 
addressed without integrating commercial data processing and 
access techniques, and automating as much of the PED workflow 
as possible.
    Therefore, the Committee directs the Under Secretary of 
Defense for Intelligence (USD(I)), in coordination with the 
Secretary of the Army, Secretary of the Air Force, Secretary of 
the Navy, and the DNI, no later than December 1, 2018, brief 
the congressional intelligence and defense committees on 
efforts that allow for rapid adoption of data storage, access, 
and automated processing and machine learning technologies and 
techniques.

Project MAVEN

    There has been exponential growth in the volume of data 
available for DoD intelligence professionals to manage, 
process, exploit, and disseminate. Analysts are in dire need of 
tools that will support simultaneous access to, and analysis 
of, data from a multitude of sources and disciplines.
    The massive quantities of available digital data hold 
significant promise for improving data analytics, producing 
more actionable intelligence, and contributing to the 
employment of a more lethal force. It is critical that DoD 
invest in new technologies that will bring artificial 
intelligence, deep learning, and computer vision to streamline 
the process of object detection, identification, and tracking--
and allow analysts to focus their valuable cognitive capacity 
on the hardest and highest priority problems.
    The Committee believes Project MAVEN provides DoD with a 
critical path to the integration of big data, artificial 
intelligence, and machine learning across the full spectrum of 
military intelligence to ensure our warfighters maintain 
advantages over increasingly capable adversaries. Although DoD 
has taken tentative steps to explore the potential of 
artificial intelligence, big data, deep learning, and machine 
learning, the Committee believes Project MAVEN will accelerate 
DoD's efforts to turn the enormous volume of data available to 
analysts into actionable intelligence.
    Therefore, the Committee directs the Secretary of Defense, 
in coordination with NGA and other relevant IC and DoD 
agencies, within 90 days of enactment of this Act, to brief the 
congressional intelligence and defense committees on Project 
MAVEN. Such briefing shall address:
          1. Schedule and strategy for labeling classified and 
        unclassified data;
          2. Algorithm development, production, and deployment 
        strategy;
          3. Coordination of integration efforts with other DoD 
        and IC elements;
          4. Plan to implement the technologies developed by 
        Project MAVEN technology throughout the defense 
        intelligence enterprise;
          5. Additional areas this technological advance can be 
        implemented; and
          6. Validated funding requirements and efforts that 
        ensure spending practices are focused and efficient.

Report on geospatial commercial activities for basic and applied 
        research and development

    The Committee directs the Director of NGA, in coordination 
with the DNI, the Director of the Central Intelligence Agency 
(CIA), and the Director of the National Reconnaissance Office 
(NRO), within 90 days of enactment of this Act, to submit to 
the congressional intelligence and defense committees a report 
on the feasibility, risks, costs, and benefits of providing the 
private sector and academia, on a need-driven and limited 
basis--consistent with the protection of sources and methods, 
as well as privacy and civil liberties--access to data in the 
possession of the NGA for the purpose of assisting the efforts 
of the private sector and academia in basic research, applied 
research, data transfers, and the development of automation, 
artificial intelligence, and associated algorithms. Such report 
shall include:
          1. Identification of any additional authorities the 
        Director of NGA would require to provide the private 
        sector and academia with access to relevant data on a 
        need-driven and limited basis, consistent with 
        applicable laws and procedures relating to the 
        protection of sources, methods, privacy and civil 
        liberties; and
          2. Market research to assess the commercial and 
        academic interest in such data and determine likely 
        private-sector entities and institutions of higher 
        education interested in public-private partnerships 
        relating to such data.

Military Occupational Specialty-to-Degree program

    The Committee supports the Military Occupational Specialty 
(MOS)-to-Degree program, which is an innovative framework that 
enables enlisted Marines to receive credits towards an 
associate's or a bachelor's degree while earning required MOS 
credentials. The program partners with colleges and 
universities to map a Marine's experience and training to 
equivalent credit, and provides Marines with an awareness of 
tuition assistance and scholarship programs to enable them to 
complete the remaining credits towards their degree. The 
Committee encourages the Marine Corps to expand the MOS-to-
Degree program through further curriculum development and 
enhanced management of the program.
    Therefore, the Committee directs the Marine Corps 
Intelligence Activity (MCIA), within 90 days of the enactment 
of this Act, to brief the congressional intelligence and 
defense committees on the Marine Corps' progress towards 
expanding the MOS-to-Degree program.

Unmanned aircraft system pilot retention

    The Committee supports the Marine Corps' vision to grow a 
more diverse, lethal, amphibious, and middleweight 
expeditionary force by leveraging emerging technologies, 
particularly in the area of unmanned and manned-unmanned 
teaming. Additionally, the Committee is enthusiastic about the 
Marine Corps' efforts to equip operating forces down to the 
squad level with a Small Unit Remote Scouting System Family of 
Small Unmanned Aerial Systems (UAS) capable of operating in all 
weather conditions across the full spectrum of conflict. The 
Committee is also aware of the service's concept for a Marine 
Air Ground Task Force Unmanned Expeditionary (MUX) capability.
    However, the Committee is concerned with the projected cost 
and delays associated with developing this new technology and 
believes the Marine Corps is ill-prepared to address the 
growing deficiency in expertise and the manpower challenges 
that will accompany expansion of the unmanned fleet. Based on 
observations of the Air Force's and Army's efforts, the 
Committee believes the Marine Corps' UAS programs will 
experience pilot and maintainer shortages based on inadequate 
training, lack of reliable equipment, and the absence of 
incentive.
    Therefore, the Committee directs the Deputy Commandant of 
Aviation, within 120 days of enactment of this Act, to brief 
the congressional intelligence and defense committees on 
potential interim solutions to the gap exposed by the long 
development time for MUX. Such briefing should also address the 
Marine Corps' UAS talent management plan, including a strategy 
for pilot retention and a plan to unify unmanned training that 
will build a base of instructors and encourage the 
professionalism of the community.

Remotely piloted aircraft training strategy

    Consistent with the directive language found in the 
committee report accompanying H.R. 2810, the House Armed 
Services Committee (HASC)-passed FY 2018 National Defense 
Authorization Act (NDAA) (H. Rept. 115-200), the Committee 
directs the Secretary of the Air Force, no later than September 
28, 2018, to brief the congressional intelligence and defense 
committees on the Air Force's approach to remotely piloted 
aircraft (RPA) aircrew training, with a particular focus on how 
the Air Force plans to field simulator capability and training 
capacity among active and reserve component units supporting 
RPA operations.

Wide-area motion imagery intelligence capability

    Consistent with the directive language found in the 
committee report accompanying H.R. 2810, the HASC-passed FY 
2018 NDAA (H. Rept. 115-200), the Committee directs the 
Secretary of the Air Force no later than March 1, 2019, to 
provide to the congressional intelligence and defense 
committees a report that describes in detail the lifecycle 
weapon system sustainment and modernization strategy for 
maintaining an enduring wide-area motion imagery capability for 
the geographic combatant commanders.

MQ-4C Triton unmanned aircraft system

    Consistent with the directive language found in the 
committee report accompanying H.R. 2810, the HASC-passed FY 
2018 NDAA (H. Rept. 115-200), the Committee directs the 
Secretary of the Navy, no later than November 15, 2018, to 
brief the congressional intelligence and defense committees on 
MQ-4C mission execution and tasking, collection, processing, 
exploitation, and dissemination (TCPED) processes. The briefing 
shall include or explain:
          1. A framework description of the manning, equipping, 
        and training requirements for the MQ-4C system;
          2. A description of the baseline architecture of the 
        mission support infrastructure required to support MQ-
        4C operations;
          3. How the Navy plans to support and execute the 
        TCPED processes;
          4. How the Navy plans to support flying operations 
        from either line-of-sight or beyond-line-of-sight 
        locations;
          5. How many aircraft the Navy plans to dedicate 
        annually to the ISR Global Force Management Allocation 
        Process of the DoD; and
          6. How many hours of collection the MQ-4C will be 
        able to provide annually in each of the intelligence 
        disciplines for combatant commanders.

E-8C joint surveillance and target attack radar system

    Consistent with the directive language found in the 
committee report accompanying H.R. 2810, the HASC-passed FY 
2018 NDAA (H. Rept. 115-200), the Committee directs the 
Secretary of the Air Force, no later than March 1, 2019, to 
provide to the congressional intelligence and defense 
committees a report that explains in detail all aspects of how 
and when the Air Force will transition from legacy Joint 
Surveillance and Target Attack Radar System (JSTARS) aircraft 
capability to JSTARS recapitalization aircraft capability.

Acceleration of Increment 2 of Warfighter Information Network-Tactical 
        program

    Consistent with Section 111 of H.R. 2810, the HASC-passed 
FY 2018 NDAA, the Committee directs the Secretary of the Army, 
no later than January 30, 2019, to submit to the congressional 
intelligence and defense committees a report detailing 
potential options for the acceleration of procurement and 
fielding of the Warfighter Information Network-Tactical 
Increment 2 program.

Cost-benefit analysis of upgrades to MQ-9

    Consistent with Section 134 of H.R. 2810, the HASC-passed 
FY 2018 NDAA, the Committee directs the Secretary of Defense, 
in coordination with the Secretary of the Air Force, within 180 
days of enactment of this Act, to provide the congressional 
intelligence and defense committees an analysis that compares 
the costs and benefits of the following:
          1. Upgrading fielded MQ-9 Reaper aircraft to a Block 
        5 configuration; and
          2. Proceeding with the procurement of MQ-9B aircraft 
        instead of upgrading fielded MQ-9 Reaper aircraft to a 
        Block 5 configuration.

Limitation on divestment of U-2 or RQ-4 aircraft

    The Committee recognizes that both piloted U-2 Dragon Lady 
and the remotely piloted RQ-4 Global Hawk fleets of aircraft 
provide essential and extremely sought after high-altitude 
airborne ISR capabilities for geographic combatant commanders. 
These platforms have been viewed as competitors for resources, 
with stakeholders trying to decide which should remain within 
the Air Force inventory for the long-term.
    Although the U-2 and RQ-4 have differing attributes that 
may make one platform preferable depending on requirements, 
maintaining both platforms provides critical, complementary 
capabilities within DoD's portfolio of high-altitude ISR 
assets. Furthermore, retiring either aircraft would exacerbate 
an existing and significant capability shortfall in meeting 
combatant commanders' requirements.
    The Committee expects the Secretary of the Air Force to 
continue current and future modernization efforts and upgrades 
for the U-2 and RQ-4 to increase capability, generate synergy, 
and foster commonality within the high-altitude airborne ISR 
portfolio. The Committee discourages the Secretary of the Air 
Force or the Chief of Staff of the Air Force from planning in 
the future or proposing to Congress any aircraft retirement 
that would create an ISR capability deficit or capacity 
shortfalls from existing levels until a sufficient replacement 
reaches full operational capability.
    Therefore, consistent with Section 1034 of H.R. 2810, the 
HASC-passed FY 2018 NDAA, the Committee directs that none of 
the funds authorized to be appropriated by the Act, or 
otherwise made available for the DoD for any fiscal year before 
Fiscal Year 2024, may be obligated or expended to prepare to 
divest, place in storage, or place in a status awaiting further 
disposition of the possessing commander any U-2 or RQ-4 
aircraft for the DoD. This prohibition shall not apply to an 
individual U-2 or RQ-4 aircraft that the Secretary of the Air 
Force determines, on a case-by-case basis, to be non-returnable 
to flying service due to any mishap, other damage, or being 
uneconomical to repair.

Nonconventional assisted recovery

    Consistent with Section 1053 of H.R. 2810, the HASC-passed 
FY 2018 NDAA, the Committee directs the Secretary of Defense, 
no later than March 1, 2019, to submit to the congressional 
intelligence and defense committees the written review and 
assessment of personnel recovery and nonconventional assisted 
recovery programs. The assessment shall include:
          1. An overall strategy defining personnel recovery 
        and nonconventional assisted recovery programs and 
        activities, including how such programs and activities 
        support the requirements of the geographic combatant 
        commanders;
          2. A comprehensive review and assessment of statutory 
        authorities, policies, and interagency coordination 
        mechanisms, including limitations and shortfalls, for 
        personnel recovery and nonconventional assisted 
        recovery programs and activities;
          3. A comprehensive description of current and 
        anticipated future personnel recovery and 
        nonconventional assisted recovery requirements across 
        the Future Years Defense Program, as validated by the 
        Joint Staff; and
          4. An overview of validated current and expected 
        future force structure requirements necessary to meet 
        near-, mid-, and long-term personnel recovery and 
        nonconventional assisted recovery programs and 
        activities of the geographic combatant commanders.
    The Committee further directs the Comptroller General of 
the United States, within 90 days of the date on which the 
assessment is submitted, to submit to the congressional 
intelligence and defense committees a review of such 
assessment.

            Division B: FY19 Intelligence Authorization Act


Policy on minimum insider threat standards

    Executive Order 13587 and the National Insider Threat Task 
Force established minimum insider threat standards. Such 
standards are required for the responsible sharing and 
safeguarding of classified information on computer networks 
while ensuring consistent, appropriate protections for privacy 
and civil liberties. The Committee understands there are 
policies in place to attempt implementation of such standards; 
however, the Committee has found that several elements of the 
IC have not fully implemented such standards. Therefore, given 
the several high-profile insider threat issues, the Committee 
emphasizes the importance of such minimums by statutorily 
requiring the DNI to establish a policy on minimum insider 
threat standards, and IC elements should expeditiously 
establish their own policies and implement the DNI guidance.
    Further, consistent with the directive language found in 
the committee report accompanying H.R. 5515, the HASC-passed FY 
2019 NDAA, the Committee directs the Chief Management Officer 
to provide a briefing to the House Committee on Armed Services 
and the House Permanent Select Committee on Intelligence by 
November 1, 2018, on the outcomes of its cost and technical 
analyses required by this report, and the Department's efforts 
to implement enterprise-wide programs and policies for insider 
threat detection, user activity monitoring, and cyber-attack 
detection and remediation.

Intelligence Community Information Technology Environment

    The Committee remains supportive of the goals of 
Intelligence Community Information Technology Environment (IC 
ITE) and the importance of the common, secure sharing 
infrastructure it creates. The Committee further understands 
that the path to implement a complex, technical environment 
such as IC ITE needs to be sufficiently flexible and agile. 
However, the Committee remains concerned with the lack of 
consistency and substance in previous reports and briefings on 
IC ITE. Therefore, Section 2307 statutorily requires a long-
term roadmap, business plan, and security plan that shall be 
reported to the Committee at least quarterly with additional 
notifications as necessary.

Intelligence Community Chief Financial Officer

    The Chief Financial Officers (CFO) Act of 1990 mandated 
best practices for decision-making and accountability, as well 
as improved decision-makers' access to reliable and timely 
financial and performance information. The CFO Act, as amended, 
requires that the chief financial officers of 24 departments 
and agencies ``report directly to the head of the agency 
regarding financial management matters.'' Section 2401 brings 
the ODNI in line with the best practices implemented in the CFO 
Act.

Intelligence Community Chief Information Officer

    As codified in 44 U.S.C. 3506(a)(1)(A), each federal agency 
head is responsible for ``carrying out the information 
resources management activities to improve agency productivity, 
efficiency, and effectiveness.'' Accordingly, Section 2402 
expresses the Committee's intent to emphasize the importance of 
the IC Chief Information Officer (CIO), as defined in 50 U.S.C. 
3032(a), in assisting the DNI with information resource 
management by requiring the IC CIO to directly report to the 
DNI.

Central Intelligence Agency subsistence for personnel assigned to 
        austere locations

    Section 2411 permits the Director of the CIA to allow 
subsistence for personnel assigned to austere locations. 
Although the statute does not define ``austere,'' the Committee 
believes that utilization of this authority should be minimal. 
Therefore, within 180 days after the enactment of this Act, the 
CIA shall brief the congressional intelligence committees on 
the CIA's definition of ``austere'' and the CIA regulations in 
place governing this authority.

Collocation of certain Department of Homeland Security personnel at 
        field locations

    The Committee supports the Department of Homeland Security 
(DHS) Bureau of Intelligence and Analysis' (I&A;) intent to 
integrate into operations across the broader DHS enterprise. 
Accordingly, Section 2431 directs DHS I&A; to deploy at least 40 
personnel outside DHS Headquarters in Washington, D.C. for the 
purposes of collocating such personnel with DHS operational 
units from Customs and Border Protection, Transportation 
Security Administration, Immigration and Customers Enforcement, 
or other elements of DHS. DHS I&A; Headquarter shall not be 
backfilled by hiring new employees to replace those 
transferred.

Framework for roles, missions, and functions of the Defense 
        Intelligence Agency

    The Committee commends the work of the Under Secretary of 
Defense for Intelligence to answer a request in the 
Intelligence Authorization Act for Fiscal Year 2017 (division N 
of Public Law 115-31) to review the roles and missions of the 
Defense Intelligence Agency (DIA). The Committee agrees with 
the Under Secretary's finding identifying a gap in Department 
of Defense coordination of the functions of the DIA, as a 
combat support agency (CSA) that is a member of the IC. The 
Director of the DIA reports to both the Secretary of Defense 
and the DNI; however, the agency lacks a framework to balance 
the resourcing and mission conflicts this bifurcated chain of 
command may occasionally cause.
    Therefore, consistent with directive language found in the 
committee report accompanying H.R. 5515, the HASC-passed FY 
2019 NDAA, not later than October 1, 2018, the Committee 
directs the Secretary of Defense, in consultation with the DNI, 
to develop policies that outline the process to balance the 
missions under DIA's CSA role with the missions and functions 
assigned by the intelligence community. These policies must 
address a process for assigning and integrating any new 
missions assigned by the DoD or the IC. The Committee further 
directs the Secretary of Defense, in consultation with the DNI, 
to provide a briefing to the House Committee on Armed Services 
and the House Permanent Select Committee not later than October 
15, 2018, on the plan to develop these policies.

Construction of National Security Agency East Campus Building 3

    Construction authorized under this Act for the National 
Security Agency's (NSA) East Campus should prioritize the 
consolidation of National Intelligence mission activities, 
including by minimizing the distribution of NSA throughout the 
Baltimore-Washington region. The Committee believes that co-
location of NSA's National Intelligence mission activities 
within a shared security perimeter and with modern facilities, 
will improve the efficient execution of mission requirements, 
and provide important workforce morale improvement.
    East Campus Building 3, as authorized in Section 2434 of 
this Act, may be constructed in increments subject to annual 
appropriations, but shall not exceed the total authorized 
amount of $775 million. Congressional authorization of East 
Campus Building 3 constitutes authorization to proceed and NSA 
shall conduct necessary activities in Fiscal Year 2019 to avoid 
delay in project completion.

Limitations on Intelligence Community elements' communications with 
        Congress

    Effective oversight of the IC requires unencumbered 
communications between representatives of the agencies, members 
of Congress, and congressional staff. The Committee directs the 
DNI not to limit any element of the IC from having interactions 
with the congressional intelligence committees, including but 
not limited to, preclearance by the DNI of remarks, briefings, 
discussions of agency resources or authorities requirements, or 
mandatory reports to the DNI on conversations with the 
congressional intelligence committees.

National Reconnaissance Office contracting restrictions

    The Committee is concerned that NRO imposes unnecessary 
contractual restrictions that prohibit or discourage a 
contractor from contacting, meeting with, or providing 
information to the members or staff of the congressional 
intelligence committees. Therefore, the Committee directs NRO 
to eliminate any restrictions prohibiting or discouraging 
contractors from contacting, meeting with, or providing 
information to the congressional intelligence committees in all 
current and future contracts. Furthermore, the Committee 
directs the NRO to provide a briefing to the congressional 
intelligence committees not later than December 1, 2018 
regarding completion of the aforementioned direction.

Intelligence community support to the National Vetting Center

    On February 6, 2018, the President issued National Security 
Policy Memorandum (NSPM)-9, ``Presidential Memorandum on 
Optimizing the Use of Federal Government Information in Support 
of National Vetting Enterprise.'' The memorandum directs the 
DHS, in coordination with the ODNI and other agencies, to 
establish the National Vetting Center. The memorandum also 
requires agencies to ``provide the Center access to relevant 
biographic, biometric, and related derogatory information.'' It 
further directs DNI, in coordination with the heads of relevant 
IC elements, to ``establish a support element to facilitate, 
guide, and coordinate all IC efforts to use classified 
intelligence and other relevant information within the IC 
holdings in support of the center.'' The Committee wishes to 
obtain regular updates and the most current information about 
the activities of that support element.
    Therefore, no later than 180 days after the enactment of 
this Act and annually thereafter, the Committee directs the DNI 
and the Under Secretary for Intelligence and Analysis at DHS to 
brief the congressional intelligence committees on the status 
of IC support to the National Vetting Center, as established by 
NSPM-9.

Update on status of Attorney General-approved U.S. person procedures 
        under Executive Order 12333

    The Committee acknowledges the difficult, labor-intensive 
work undertaken by certain IC elements, to ensure the current 
effectiveness of, and in some cases to substantially revise, 
final Attorney General-approved procedures regarding the 
collection, dissemination, and retention of United States 
persons information. The Committee wishes to better understand 
the status of this project, throughout the IC.
    Therefore, the Committee directs that, not later than 60 
days after enactment of this Act, the DNI and the Attorney 
General shall brief the congressional intelligence committees 
on the issuance of final, Attorney General-approved procedures 
by elements of the IC. Specifically, the briefing shall 
identify (1) any such elements that have not yet issued final 
procedures; and (2) with respect to such elements, the status 
of the procedures' development, and any interim guidance or 
procedures on which those elements currently rely.

Homegrown violent extremists imprisoned in Department of Defense 
        facilities

    The Committee is concerned about an evident gap in 
information sharing about individuals imprisoned in DoD 
facilities who are categorized by the FBI as homegrown violent 
extremists (HVEs). An example is the case of Nidal Hasan, who 
has been convicted and sentenced to death by a U.S. military 
court martial and remains incarcerated in a U.S. military 
facility. The Committee understands that, despite his 
incarceration, Hasan openly communicates with the outside world 
through written correspondence and has continued to inspire 
extremists throughout the world. Indeed, while in custody, 
Hasan wrote a 454-page manifesto on the value of engaging in 
violent jihad which contains radical interpretations of the 
Koran justifying the commission of violent jihad. The Committee 
further understands that the FBI is unable to determine the 
full scope of Hasan's contacts with the outside world because 
only a portion of his communications have been provided by the 
DoD.
    Therefore, no later than 180 days after the enactment of 
the Act, the Committee directs the FBI to work with the DoD to 
create a process by which the DoD provides to the FBI the 
complete communications of individuals imprisoned in DoD 
facilities and who are categorized by the FBI as HVEs.

Naming of Federal Bureau of Investigation Headquarters

    According to statute enacted in 1972, the current FBI 
headquarters building in Washington, D.C. must be ``known and 
designated'' as the ``J. Edgar Hoover FBI Building.'' That 
tribute has aged poorly. It should be reconsidered, in view of 
Hoover's record on civil liberties--including the effort to 
disparage and undermine Dr. Martin Luther King Jr. Even today, 
Hoover's name evokes the Bureau's sordid ``COINTELPRO'' 
activities.
    The Committee believes Congress should consider repealing 
the provision requiring the existing Pennsylvania Avenue 
building to be known as the ``J. Edgar Hoover FBI Building''. A 
new name should be determined, through a joint dialogue among 
Bureau leadership, law enforcement personnel, elected 
officials, and civil rights leaders.

Foundational intelligence analysis modernization

    Consistent with the directive language found in the 
committee report accompanying H.R. 5515, the HASC-passed FY 
2019 NDAA, the Committee directs the Joint Staff Director for 
Intelligence, in coordination with the USD(I) and the Director 
of the DIA, to develop a plan by October 1, 2018, to modernize 
systems used to provide foundational intelligence.
    Further, the Committee directs the Joint Staff Director for 
Intelligence, in coordination with the DIA Director, to provide 
a briefing to the House Committee on Armed Services and the 
House Permanent Select Committee on Intelligence by November 1, 
2018, on such plan to modernize foundational intelligence 
systems. If a determination is made that a new system is 
required, the Committee expects the Battlespace Awareness 
Functional Capabilities Board to validate the requirements for 
any new system, and that the acquisition plan will follow best 
practices for the rapid acquisition and improvement of 
technology dependent systems.

Intelligence support to cyber operations

    Consistent with the directive language found in the 
committee report accompanying H.R. 5515, the HASC-passed FY 
2019 NDAA, the Committee directs the USD(I), in coordination 
with the DIA and the military services, to provide a briefing 
to the House Committee on Armed Services and the House 
Permanent Select Committee on Intelligence by December 1, 2018, 
on intelligence support to cyber operations.

Science, Technology, Engineering, and Math careers in defense 
        intelligence

    Consistent with the directive language found in the 
committee report accompanying H.R. 5515, the HASC-passed FY 
2019 NDAA, the Committee directs the Director of DIA to provide 
a briefing to the House Committee on Armed Services and the 
House Permanent Select Committee on Intelligence not later than 
December 1, 2018, on a plan to develop a Science, Technology, 
Engineering, and Math career program that attracts and 
maintains the defense intelligence cadre of Science and 
Technical Intelligence analysts to meet tomorrow's threats.

Security and intelligence role in export control

    Consistent with the directive language found in the 
committee report accompanying H.R. 5515, the HASC-passed FY 
2019 NDAA, the Committee directs the Under Secretary of Defense 
for Policy, in coordination with the USD(I), to provide a 
briefing to the House Committee on Armed Services and the House 
Permanent Select Committee on Intelligence not later than 
October 1, 2018, on security support to export control.

Security clearance background investigation reciprocity

    Consistent with the directive language found in the 
committee report accompanying H.R. 5515, the HASC-passed FY 
2019 NDAA, the Committee directs the Secretary of Defense, in 
coordination with the DNI and the Director of the Office of 
Personnel Management, not later than October 1, 2018, to brief 
the House Committee on Armed Services and the House Permanent 
Select Committee on Intelligence on efforts to ensure seamless 
transition of investigations between authorized investigative 
agencies, as required by law.
    Further, consistent with the directive language found in 
the committee report accompanying H.R. 5515, the HASC-passed FY 
2019 NDAA, the Committee directs the Secretary of Defense, in 
coordination with the DNI and the Director of the Office of 
Personnel Management, not later than November 1, 2018, to brief 
the House Permanent Select Committee on Intelligence on efforts 
to ensure reciprocity is a consideration for implementation of 
continuous evaluation and continuous vetting across the federal 
government.

Strengthening oversight of the military intelligence program budget

    In directive language found in the committee accompanying 
H.R. 5515, the HASC-passed FY 2019 NDAA, the House Committee on 
Armed Services directed the USD(I) to ``review all of the 
Department's intelligence, counterintelligence, and related 
intelligence programs, projects, and activities supporting the 
Secretary's responsibilities and requirements.'' Regarding this 
review, the report expressed the House Committee on Armed 
Services' expectation that USD(I) would

        note that the [the House Committee on Armed Services] 
        believes resources for sensors integral to the function 
        of weapon systems, sensors and systems developed for 
        space and missile defense, and resources for activities 
        and programs associated with Operational Preparation of 
        the Environment and Nonconventional Assisted Recovery 
        are in support of operational requirements, and should 
        be excluded from designation to the MIP.

    The Committee expects that USD(I), in addition to noting 
the belief of the House Committee on Armed Services, also will 
note this Committee's belief that:

          (1) merely deeming certain resources to be ``in 
        support of operational requirements'' is insufficient 
        to exclude such resources from designation to the MIP; 
        and that:
          (2) the determination of whether to designate 
        resources to the MIP involves a substantive 
        examination, of whether such resources will be used for 
        activities that are substantially similar, if not 
        equivalent to, intelligence and intelligence 
        activities.

    Additionally, and consistent with the directive language 
found in the committee report accompanying H.R. 5515, the HASC-
passed FY 2019 NDAA, the Committee directs USD(I) to provide a 
briefing to the Committees on Armed Services of the Senate and 
the House of Representatives and the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence by March 1, 2019, on the results of the USD(I) 
review directed by H.R. 5515, including how the review will 
result in clear guidance on designation of programs, projects, 
and activities to the MIP.

Intelligence community leave policies

    It is imperative that the federal government recruit, hire, 
and retain a highly qualified workforce. That depends in part 
on offering federal personnel a competitive benefits package--
including with respect to parental leave and related benefits. 
Toward that end, the Committee strongly believes the federal 
government, including elements of the IC, must align such 
benefits to the fullest extent possible with those of leading 
U.S. private sector companies and other industrialized 
countries.
    The Committee is concerned that IC elements may not have 
fully implemented revised advanced sick leave policies as 
outlined in the Presidential memorandum Modernizing Federal 
Leave Policies for Childbirth, Adoption and Foster Care to 
Recruit and Retain Talent and Improve Productivity, dated 
January 15, 2015, or implemented them only partially. Among 
other things, the memorandum directs that, to the extent 
permitted by law, agencies shall offer 240 hours of advanced 
sick leave, at the request of an employee and in appropriate 
circumstances, in connection with the birth or adoption of a 
child or for other sick leave eligible uses.
    Additionally, beyond the memorandum's requirements, the 
Committee also believes IC elements should actively be 
exploring ways to enhance their parental leave policies, to 
include paid parental leave.
    Therefore, not later than 180 days after the date of 
enactment of this Act, the DNI shall submit a written report to 
the intelligence committees on each IC element's implementation 
of the Memorandum's requirements with respect to parental 
leave. The report should be unclassified, but may contain a 
classified annex if necessary. At a minimum, such report shall:
          (1) summarize each element's policies with respect to 
        parental leave and related benefits;
          (2) identify those elements fully in compliance with 
        the Memorandum's requirements with respect to parental 
        leave and other benefits described by the Memorandum;
          (3) identify elements not in compliance with such 
        requirements;
          (4) as applicable, note and evaluate the sufficiency 
        of any claimed explanation from an IC element, as to 
        why its policies do not yet fully comply with such 
        requirements;
          (5) as applicable, identify a projected date, no 
        later than 180 days after the report's submission, by 
        which the Memorandum will be fully implemented by all 
        IC elements; and
          (6) describe any barriers identified by the Director 
        or an element of the IC--including any legal and 
        resource barriers--to the establishment, for each 
        element of the IC, of a paid parental leave policy.

Foreign Influence Task Force

    The IC has warned of active measures taken by foreign 
actors to interfere with and undermine the U.S. democratic 
process, most recently and brazenly by the Russian Federation. 
The committee appreciates FBI efforts to confront this 
challenge in part through creation of its Foreign Influence 
Task Force. The Committee believes that confronting foreign 
influence directed at the United States is of fundamental 
importance, and thus desires to engage in a close and regular 
dialogue with the FBI about the task force's activities.
    Therefore, the Committee directs the FBI to provide 
detailed, quarterly briefings to the congressional intelligence 
committees, regarding the task force's activities, to include 
its progress and any significant challenges.

Joint System Integration Lab annual briefing

    The Joint System Integration Lab (JSIL) at Redstone 
Arsenal, Alabama enables testing of critical military 
intelligence capabilities, including unmanned aerial system 
(UAS) sensors, modeling and simulation, and integration between 
and among service UASs. The Committee seeks to remain fully and 
currently informed about this important work.
    Therefore, the Committee directs the JSIL, within 180 days 
of enactment and annually for two years thereafter, to brief 
the congressional intelligence and defense committees, on 
intelligence and intelligence-related activities conducted by 
the JSIL.

Management of the Centers of Academic Excellence in National Security 
        Studies

    The IC's Centers of Academic Excellence in National 
Security Studies (CAE) program was established in 2004 to serve 
the mission-critical objectives of educating highly qualified 
students of diverse backgrounds and encouraging them to pursue 
careers in the IC. The ODNI has designated the DIA as the 
Executive Agent of the program.
    In the past, the ODNI collected information about 
involvement in the CAE program by IC elements and educational 
institutions, as well as demographic (gender, minority, 
disability), educational, employment, and other data on the 
participating students. The ODNI reported this information to 
Congress in 2010 on the period covering 2004-2009. However, 
despite continuing Congressional interest in this program, the 
IC has apparently ceased collection and analysis of such data. 
More critically, ODNI and DIA informed the House Intelligence 
Committee that the IC currently cannot provide statistical 
evidence as to whether, or to what extent, the CAE program is 
fulfilling its objectives.
    Congress directed in Fiscal Year 2016 that ODNI establish a 
dedicated CAE summer internship program, but the first effort 
in summer 2017 did not yield the anticipated diversity of 
summer interns or robust participation of IC elements. The 
summer 2018 internship program also did not appear to be 
postured to demonstrate significant progress.
    Accordingly, the Committee directs ODNI to serve as the 
Executive Agent for CAE on a permanent and non-delegable basis 
no later than 6 months into Fiscal Year 2019. In addition, the 
Committee directs ODNI to immediately resume collection and 
analysis of data necessary to evaluate the IC CAE's 
performance, to include educational, employment, diversity, and 
other data that was used to produce ODNI's 2010 report. Within 
180 days of enactment of this Act, the Committee directs ODNI 
to submit a written report to the congressional intelligence 
committees containing this data from the 2016-2018 academic 
years, as well as metrics about the total number of students 
who participated in CAE courses, seminars, internships, or 
other events; the number of students designated as CAE scholars 
pursuing a certificate; and the number of CAE certificates 
awarded during this timeframe, with a demographic breakdown 
regarding diversity.
    The Committee believes that the IC CAE program should 
undergo a fundamental review to determine what changes can be 
made to allow the program to achieve its intended objectives 
and has requested a review be conducted by the Government 
Accountability Office (GAO). Therefore, the Committee also 
directs the IC to fully cooperate with the GAO review.

Enhancing automation at the National Geospatial-Intelligence Agency

    The Committee strongly supports efforts to leverage 
commercial advances in automation of imagery, Wide Area Motion 
Imagery (WAMI), Full Motion Video (FMV), and Synthetic Aperture 
Radar (SAR) products to reduce manual processing and improve 
information flow to users. However, the Committee is concerned 
that NGA does not dedicate adequate resources to integrate new 
automation techniques which have resulted in years of research 
into the issue, but limited operational gains during day to day 
imagery processing.
    Therefore, the Committee directs NGA, within 90 days of 
enactment of this Act, to brief the congressional intelligence 
and defense committees on an updated plan to reduce manual 
processing of imagery, WAMI, FMV, and SAR to improve 
information flow to users. The briefing shall also address:
          1. NGA's strategy to leverage commercial advances;
          2. The various geospatial intelligence automated 
        exploitation development programs across the National 
        System for Geospatial-Intelligence, and the associated 
        funding and specific purpose of said programs;
          3. Any similar efforts by government entities outside 
        the National System for Geospatial-Intelligence of 
        which NGA is aware; and
          4. Which of these efforts are duplicative.

Redundant organic software development

    The Committee is concerned that NGA is developing software 
solutions that are otherwise available for purchase on the 
commercial market. This practice most always, increases the 
time it takes to deliver new capabilities to the warfighter; 
increases the overall cost of the solution through expensive 
operational and maintenance costs; and undermines the U.S. 
software industrial base.
    Therefore, the Committee directs NGA, within 60 days of 
enactment of this Act, to brief the congressional intelligence 
committees, on its identification of all NGA developed software 
programs and explain why such program are developed organically 
instead of leveraging commercially available products.

Critical skills recruiting for automation

    Although cutting edge sensors have provided the IC and DoD 
with exquisite imagery, WAMI, and FMV, intelligence analysts 
are unable to keep pace with the volume of data being 
generated. This demands a transformation in the way the 
intelligence enterprise processes, organizes, and presents 
data. For that reason, the committee fully supports the NGA's 
efforts to attract, recruit, and retain a highly competent 
workforce that can acquire and integrate new data automation 
tools.
    Therefore, the Committee directs NGA, within 60 days of 
enactment of this Act, to brief the congressional intelligence 
and defense committees on NGA's efforts to recruit critical 
skills such as mathematicians, data scientists, and software 
engineers that possess critical skills needed to support NGA's 
objectives in automation.

Sensitive Compartmented Information Facilities

    The Committee has become aware of several major impediments 
for companies with appropriately cleared personnel to perform 
work for agencies and organizations like the NRO and NGA. For 
example, businesses without ownership of a Sensitive 
Compartmented Information Facility (SCIF), which includes many 
small businesses, find it very difficult to perform classified 
work. Construction and accreditation of SCIF spaces may be 
cost-prohibitive for small business and non-traditional 
government contractors. Additionally, construction timelines 
often exceed the period of performance of a contract.
    A modern trend for innovative and non-traditional 
government contractors is the increase use of co-working space 
environments. Additionally, public and private entities are 
partnering to create emerging regional innovation hubs to help 
identify technology solutions and products in the private 
sector that can be utilized by the DoD and IC. These innovation 
hubs currently produce an agile, neutral, but largely 
unclassified development environment.
    Therefore, the Committee directs NRO and NGA, within 90 
days of enactment of this Act, to brief the congressional 
intelligence committees on:
          1. Potential approaches to allow for SCIF spaces to 
        be certified and accredited outside of a traditional 
        contractual arrangement;
          2. Analysis of the advantages and disadvantages of 
        issuing DoD Contract Security Specification (DD Form 
        254s) to ``Facilities'' as opposed to ``Contracts'';
          3. Options for classified co-use and shared workspace 
        environments such as: innovation, incubation, catalyst, 
        and accelerator environments;
          4. Pros and cons for public, private, government, or 
        combination owned classified neutral facilities; and
          5. Any other opportunities to support companies with 
        appropriately cleared personnel but without ownership 
        of a SCIF effective access to a neutral SCIF.

Encouraging innovation

    The committee is aware of and supports the NRO as it 
continues to pursue innovation and incorporate innovative 
technologies into many programs of record (POR). However, while 
the NRO is one of the more innovative leaders regarding 
government satellite matters, the NRO also struggles to 
leverage commercial and government research and development 
efforts and incorporate them in an effective and timely manner 
into PORs.
    Therefore, the Committee directs NRO, within 90 days of 
enactment of this Act, to brief the congressional intelligence 
committees on the following:
          1. Opportunities that could expand innovation;
          2. Any challenges for innovation; and
          3. How innovative or new technologies are 
        incorporated to support critical milestones for PORs.

Improving use of the unclassified marketplaces

    The Committee has become aware that a major impediment for 
companies to perform work for agencies and organizations like 
the NRO is the lack of postings on unclassified marketplaces, 
such as the unclassified Acquisition Resource Center (ARC). 
Instead of posting data to unclassified marketplaces, NRO 
unclassified postings often refer to classified systems for 
critical, yet unclassified information. If the NRO is serious 
about embracing commercial innovation, unclassified marketplace 
postings should remain on unclassified systems.
    Therefore, the Committee directs NRO, within 90 days of 
enactment of this Act, to brief the congressional intelligence 
committees on options for improving the unclassified 
marketplace process.

Satellite servicing

    No later than one year after the date of the enactment of 
this Act, the DNI, in consultation with the Secretary of 
Defense, shall jointly provide the congressional intelligence 
and armed services committees upon request, a briefing 
detailing the costs, risks, and operation benefits of 
leveraging commercial satellite servicing capabilities for 
national security satellite systems. The briefing shall 
include:
          1. A prioritized list (with a rationale) of the 
        operational and planned assets of the IC that could be 
        enhanced by satellite servicing missions;
          2. The costs, risks, and benefits of integrating 
        satellite servicing capabilities as part of operational 
        resilience; and
          3. Potential strategies that could allow future 
        national security space systems to leverage commercial 
        in-orbit servicing capabilities where appropriate and 
        feasible.

Enhanced oversight of IC contractors

    A topic of sustained Committee interest has been improving 
the federal government's oversight of IC acquisition and 
procurement practices, including activities by poorly 
performing IC contractors.
    A framework exists to ensure that IC elements do not award 
IC contracts to businesses that engage in negligence or even 
gross negligence, consistently fail to appropriately safeguard 
classified information, maintain poor financial practices, or 
other issues. For example, an IC element may maintain a list of 
contractors of concern, in order to ensure that proposals from 
such contractors are rejected or subjected to additional 
scrutiny. The Committee wishes to build on these practices and 
is concerned about the existing framework's adequacy.
    Therefore, the Committee directs all elements of the IC, to 
the fullest extent consistent with applicable law and policy, 
to share with one another information about contractors with 
track records of concern--such as the commission of negligence 
or gross negligence in the performance of IC contracts, or the 
repeated failure to appropriately safeguard classified 
information in a fashion that the contractor reasonably could 
have been expected to prevent.
    Additionally, no later than 30 days after enactment of this 
Act, the DNI shall brief the Committee on the authorities of IC 
elements with respect to contractors with track records of 
concern--before, during, and after procurement. An objective of 
the briefing will be to discuss information sharing practices 
in this regard, and to identify specific areas where the 
oversight framework can be strengthened.

              Committee Consideration and Roll Call Votes

    On June 28, 2018, the Committee met in open session to 
consider H.R. 6237 and ordered the bill favorably reported.
    In open session, the Committee considered an amendment in 
the nature of a substitute, offered by Mr. Nunes to H.R. 6237. 
The amendment was adopted by a voice vote.
    Mr. Nunes then moved to make the classified Fiscal Year 
2018 and Fiscal Year 2019 schedules of authorizations available 
for Members of the House to review. The motion was agreed to by 
a recorded vote of 20 ayes to 0 noes:
          Voting aye: Mr. Nunes (Chairman), Mr. Conaway, Mr. 
        King, Mr. LoBiondo, Mr. Rooney, Ms. Ros-Lehtinen, Mr. 
        Turner, Mr. Wenstrup, Mr. Stewart, Mr. Crawford, Ms. 
        Stefanik, Mr. Schiff, Mr. Himes, Ms. Sewell, Mr. 
        Carson, Ms. Speier, Mr. Quigley, Mr. Swalwell, Mr. 
        Castro, and Mr. Heck.
          Voting no: None
    The Committee then agreed to a motion by the Chairman to 
favorably report H.R. 6237, as amended, to the House, including 
by reference the classified schedules of authorizations. The 
motion was agreed to by a unanimous voice vote.

        Section-by-Section Analysis and Explanation of Amendment


    DIVISION A--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2018


Section 101--Short title; Table of contents

    Section 101 lists the title and table of contents of the 
Intelligence Authorization Act for Fiscal Year 2018 (the 2018 
Act).

Section 102--Definitions

    Section 102 defines the terms ``congressional intelligence 
committees'' and the ``Intelligence Community'' (IC) that will 
be used in the 2018 Act.

                    TITLE I--INTELLIGENCE ACTIVITIES

Section 1101--Authorization of appropriations

    Section 1101 lists the U.S. Government departments, 
agencies, and other elements for which the 2018 Act authorizes 
appropriations for intelligence and intelligence-related 
activities for Fiscal Year 2018.

Section 1102--Classified schedule of authorizations

    Section 1102 provides that the amounts authorized to be 
appropriated for intelligence and intelligence-related 
activities and the personnel levels for Fiscal Year 2018 are 
contained in the classified Schedule of Authorizations and that 
the classified Schedule of Authorizations shall be made 
available to the Committees on Appropriations of the Senate and 
House of Representatives and to the President.

Section 1103--Personnel ceiling adjustments

    Section 1103 states that the Director of National 
Intelligence (DNI) may authorize employment of civilian 
personnel in Fiscal Year 2018 in excess of the number of 
authorized positions by an amount not exceeding three percent 
of the total limit applicable to each IC element under Section 
1102. The DNI may do so only if necessary to the performance of 
important intelligence functions.

Section 1104--Intelligence Community Management Account

    Section 1104 authorizes appropriations for the Intelligence 
Community Management Account (ICMA) of the DNI and sets the 
authorized personnel levels for the elements within the ICMA 
for Fiscal Year 2018.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Section 1201--Authorization of appropriations

    Section 1201 authorizes appropriations in the amount of 
$514,000,000 for Fiscal Year 2018 for the Central Intelligence 
Agency (CIA) Retirement and Disability Fund.

Section 1202--Computation of annuities for employees of the Central 
        Intelligence Agency

    Section 1202 makes technical changes to the CIA Retirement 
Act to conform with various statutes governing the Civil 
Service Retirement System.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Section 1301--Restriction on conduct of intelligence activities

    Section 1301 provides that the authorization of 
appropriations by the 2018 Act shall not be deemed to 
constitute authority for the conduct of any intelligence 
activity that is not otherwise authorized by the Constitution 
or laws of the United States.

Section 1302--Increase in employee compensation and benefits authorized 
        by law

    Section 1302 provides that funds authorized to be 
appropriated by the 2018 Act for salary, pay, retirement, and 
other benefits for federal employees may be increased by such 
additional or supplemental amounts as may be necessary for 
increases in compensation or benefits authorized by law.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Section 1401--Authority for protection of current and former employees 
        of the Office of the Director of the National Intelligence

    Section 1401 amends Section 5 of the CIA Act of 1949 to 
authorize the protection of current and former personnel of the 
Office of the Director of National Intelligence (ODNI) and 
their immediate families.

Section 1402--Designation of the Program Manager Information Sharing 
        Environment

    Section 1402 makes technical changes to the Intelligence 
Reform and Terrorism Protection Act of 2004 to permit the DNI 
to designate the Program Manager-Information Sharing 
Environment (PM-ISE).

Section 1403--Technical correction to the Executive Schedule

    Section 1403 makes a technical change to 5 U.S.C. 5313, by 
adding the Director of Counterintelligence and Security to the 
list of positions included at Level II of the Executive 
Schedule.

                   TITLE V--REPORTS AND OTHER MATTERS

Section 1501--Period of overseas assignments for certain foreign 
        service officers

    Section 1501 optimizes various aspects of the assignment 
system for foreign service officers within the Department of 
State.

Section 1502--Assessment of significant Russian influence campaigns 
        Directed at foreign elections and referenda

    Section 1502 requires the DNI to provide a report assessing 
past and ongoing Russian influence campaigns against foreign 
elections and referenda, to include a summary of the means by 
which such influence campaigns have been or are likely to be 
conducted, a summary of defenses against or responses to such 
Russian influence campaigns, a summary of IC activities to 
assist foreign governments against such campaigns, and an 
assessment of the effectiveness of such foreign defenses and 
responses.

Section 1503--Foreign counterintelligence and cybersecurity threats to 
        federal election Campaigns

    Section 1503 requires the Director of National 
Intelligence, in coordination with the Under Secretary of 
Homeland Security for Intelligence and Analysis (I&A;) and the 
Director of the Federal Bureau of Investigation (FBI), to 
publish regular public advisory reports on foreign 
counterintelligence and cybersecurity threats to federal 
election campaigns before those elections take place. 
Additional information may be provided to the appropriate 
representatives of campaigns if the FBI Director and the DHS 
Under Secretary for I&A; jointly determine that an election 
campaign for federal office is subject to a heightened foreign 
counterintelligence or cybersecurity threat.

Section 1504--Intelligence community reports on security clearances

    Section 1504 amends the National Security Act of 1947 to 
require improved reporting on IC security clearance processing.

Section 1505--Assessment of threat finance relating to Russia

    Section 1505 requires the IC to conduct an assessment of 
Russia's threat finance activities globally, to include an 
assessment of trends or patterns in such threat finance 
activity, a summary of engagement with international partners 
on Russian threat finance, and an identification of any 
resource and collection gaps.

Section 1506--Report on cyber exchange program

    Section 1506 directs the DNI to submit a report on the 
potential establishment of a voluntary cyber exchange program 
between the IC and private technology companies.

Section 1507--Review of Intelligence Community whistleblower matters

    Section 1507 directs the IC IG, in consultations with the 
IGs of other IC agencies, to conduct a review of practices and 
procedures relating to IC whistleblower matters.

Section 1508--Report on the role of Director of National Intelligence 
        with respect to certain foreign investments

    Section 1508 directs the DNI to submit a report on ODNI's 
role in preparing analytic materials in connection with the 
U.S. Government's evaluation of national security risks 
associated with potential foreign investments.

Section 1509--Semiannual reports on investigations of unauthorized 
        public disclosures of classified information

    Section 1509 directs IC elements to submit a semi-annual 
report on the number of investigations opened and completed by 
each agency regarding an unauthorized public disclosure of 
classified information to the media, and the number of 
completed investigations referred to the Attorney General. 
Section 1509 also directs the Department of Justice to submit a 
semi-annual report on the status of each criminal leaks 
referral made by the IC.

Section 1510--Report on Intelligence Community participation in 
        vulnerabilities equities Process

    Section 1510 directs the Inspector General of the IC to 
conduct a review of the process by which the IC and executive 
branch agencies determine whether, when, how, and to whom 
information about a vulnerability that is not publicly known 
will be shared with a non-federal entity or the public.

Section 1511--Sense of Congress on notification of certain disclosures 
        of classified information

    Section 1511 expresses the sense of Congress that, pursuant 
to the requirement for the IC to keep the congressional 
intelligence committees ``fully and currently informed'' in 
Section 502 of the National Security Act of 1947, IC agencies 
must submit prompt written notification after becoming aware 
that an individual in the executive branch has disclosed 
certain classified information outside established intelligence 
channels to adversary foreign governments--North Korea, Iran, 
China, Russia, or Cuba.

Section 1512--Technical amendments related to the Department of Energy

    Section 1512 makes technical changes in the Atomic Energy 
Defense Act and in the National Security Act of 1947 regarding 
references to the Department of Energy's Office of Intelligence 
and Counterintelligence.

    DIVISION B--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2019


Section 201--Short title; Table of contents

    Section 201 lists the title and table of contents of the 
Intelligence Authorization Act for Fiscal Year 2019 (the 2019 
Act).

Section 202--Definitions

    Section 202 defines the terms ``congressional intelligence 
committees'' and the ``Intelligence Community'' (IC) that will 
be used in the 2019 Act.

                    TITLE I--INTELLIGENCE ACTIVITIES

Section 2101--Authorization of appropriations

    Section 2101 lists the U.S. Government departments, 
agencies, and other elements for which the Act authorizes 
appropriations for intelligence and intelligence-related 
activities for Fiscal Year 2019.

Section 2102--Classified Schedule of Authorizations

    Section 2102 provides that the amounts authorized to be 
appropriated for intelligence and intelligence-related 
activities are contained in the classified Schedule of 
Authorizations and that the classified Schedule of 
Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and 
to the President.

Section 2103--Intelligence Community Management Account

    Section 2103 authorizes appropriations for the Intelligence 
Community Management Account (ICMA) of the DNI for the elements 
within the ICMA for Fiscal Year 2019.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Section 2201--Authorization of appropriations

    Section 2201 authorizes appropriations in the amount of 
$514,000,000 for Fiscal Year 2019 for the Central Intelligence 
Agency (CIA) Retirement and Disability Fund.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Section 2301--Restriction on conduct of intelligence activities

    Section 2301 provides that the authorization of 
appropriations by the 2019 Act shall not be deemed to 
constitute authority for the conduct of any intelligence 
activity that is not otherwise authorized by the Constitution 
or laws of the United States.

Section 2302--Increase in employee compensation and benefits authorized 
        by law

    Section 2302 provides that funds authorized to be 
appropriated by the 2019 Act for salary, pay, retirement, and 
other benefits for federal employees may be increased by such 
additional or supplemental amounts as may be necessary for 
increases in compensation or benefits authorized by law.

Section 2303--Modification of special pay authority for Science, 
        Technology, Engineering, or Mathematics positions and addition 
        of special pay authority for cyber positions

    Section 2303 provides an increased yearly cap for Science, 
Technology, Engineering, or Mathematics (STEM) employee 
positions in the IC that support critical cyber missions. The 
section also permits the NSA to establish a special rate of pay 
for positions that perform functions that execute the agency's 
cyber mission.

Section 2304--Repeal of Joint Intelligence Community Council

    Section 2304 repeals Section 101A of the National Security 
Act of 1947 to eliminate the Joint Intelligence Community 
Council.

Section 2305--Permanent enhanced procurement authority to manage supply 
        chain risks

    Section 2305 permanently authorizes enhanced procurement 
authority to manage supply chain risks.

Section 2306--Intelligence Community Information Technology Environment

    Section 2306 defines the roles and responsibilities for the 
performance of the Intelligence Community Information 
Technology Environment (IC ITE). The section requires certain 
reporting and briefing requirements to the congressional 
intelligence committees regarding the IC's ongoing 
implementation of IC ITE.

Section 2307--Development of secure cellular voice solution for 
        intelligence community

    Section 2307 requires the DNI approve and certify a secure 
cellular voice solution for use by the intelligence community 
elements funded by the National Intelligence Program.

Section 2308--Policy on minimum insider threat standards

    Section 2308 requires the DNI to develop minimum insider 
threat standards to be followed by each element of the IC.

Section 2309--Submission of intelligence community policies

    Section 2309 requires the DNI to make all Office of 
Director of National Intelligence (ODNI) policies and 
procedures available to the congressional intelligence 
committees. The Section also requires ODNI to notify the 
congressional committees of any new or rescinded policies.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      SUBTITLE A--OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

Section 2401--Chief Financial Officer of the Intelligence Community

    Section 2401 amends the National Security Act of 1947 by 
requiring the Chief Financial Officer of the Intelligence 
Community to directly report to the DNI.

Section 2402--Chief Information Officer of the Intelligence Community

    Section 2402 amends the National Security Act of 1947 by 
requiring the Chief Information Officer of the Intelligence 
Community to directly report to the DNI.

                SUBTITLE B--CENTRAL INTELLIGENCE AGENCY

Section 2411--CIA subsistence for personnel assigned to austere 
        locations

    Section 2411 authorizes the Director of the CIA to approve, 
with or without reimbursement, subsistence to personnel 
assigned to an austere overseas location.

Section 2412--Special rules for certain monthly workers' compensation 
        payments and other payments for CIA personnel

    Section 2412 authorizes the Director of the CIA to provide 
enhanced injury benefits to a covered employee or qualifying 
dependents who suffer an injury overseas due to war, 
insurgency, hostile act, or terrorist activities.

Section 2413--Expansion of security protective service jurisdiction of 
        the Central Intelligence Agency

    Section 2413 expands the security perimeter jurisdiction at 
CIA facilities from 500 feet to 500 yards.

Section 2414--Repeal of foreign language proficiency requirement for 
        certain senior level positions in the Central Intelligence 
        Agency

    Section 2414 repeals the foreign language proficiency 
requirement for certain CIA senior level positions authorized 
in Section 611 of the Intelligence Authorization Act for Fiscal 
Year 2005 (Public Law 108-487).

     SUBTITLE C--OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE OF 
                          DEPARTMENT OF ENERGY

Section 2421--Consolidation of Department of Energy Offices of 
        Intelligence and Counterintelligence

    Section 2421 amends the Department of Energy Organization 
Act to consolidate the offices of intelligence and 
counterintelligence into the DOE Office of Intelligence and 
Counterintelligence.

Section 2422--Establishment of Energy Infrastructure Security Center

    Section 2422 establishes the Energy Infrastructure Security 
Center (EISC) under the Department of Energy Office of 
Intelligence and Counterintelligence that will be responsible 
for coordinating intelligence regarding the to the protection 
of U.S. energy infrastructure.

Section 2423--Repeal of Department of Energy Intelligence Executive 
        Committee and budget reporting requirement

    Section 2423 amends the Department of Energy Organization 
Act by repealing the Department of Energy Intelligence 
Executive Committee, as well as certain budgetary reporting 
requirements.

                       SUBTITLE D--OTHER ELEMENTS

Section 2431--Collocation of certain Department of Homeland Security 
        personnel at field locations

    Section 2431 mandates that DHS I&A; transfer at least 40 
personnel from DHS headquarters for the purposes of providing 
support to other DHS elements, including Customs and Border 
Protection, the Transportation Security Administration, and 
Immigration and Customs Enforcement.

Section 2432--Framework for roles, missions, and functions of Defense 
        Intelligence Agency

    Section 2432 requires the Secretary of Defense and DNI to 
jointly develop a framework for the roles, missions, and 
functions of the Defense Intelligence Agency as an intelligence 
community element and combat support agency.

Section 2433--Consultation by Secretary of Defense with Director of 
        National Intelligence for certain functions

    Section 2433 amends Section 3038 of the National Security 
Act of 1947 by requiring the Secretary of Defense to consult 
the DNI regarding National Intelligence Program-matters 
associated with certain Department of Defense elements, such as 
the Defense Intelligence Agency, National Security Agency, and 
the National Geospatial-Intelligence Agency.

Section 2434--Construction of National Security Agency East Campus 
        Building 3

    Section 2434 authorizes the Director of the National 
Security Agency to incrementally fund the construction of East 
Campus Building 3, except that the total amount expended may 
not exceed $775,000,000. The Section also requires a report to 
the congressional intelligence committees on plans for the 
construction of East Campus Buildings 4 and 5.

Section 2435--Establishment of advisory board for National 
        Reconnaissance Office

    Section 2435 amends the National Security Act of 1947 to 
authorize the Director of the National Reconnaissance Office to 
establish an advisory board to study matters related to space, 
overhead reconnaissance, acquisition, and other matters.

                   TITLE V--REPORTS AND OTHER MATTERS

Section 2501--Public Interest Declassification Board

    Section 2501 reauthorizes the Public Interest 
Declassification Board for 10 years.

Section 2502--Repeal of certain reporting requirements

    Section 2502 repeals certain reporting requirements related 
to long-standing material weaknesses, annual reports on 
interactions between the Intelligence Community and 
entertainment industry, declassification reviews with respect 
to detainees transferred from United States Naval Station 
Guantanamo Bay, the Interagency Threat Assessment and 
Coordination Group, and Inspector General reports.

Section 2503--Notification of significant foreign cyber intrusions and 
        active measures campaigns directed at elections for federal 
        offices

    Section 2503 requires the DNI, the Director of the FBI, and 
the Secretary of Homeland Security to brief the congressional 
intelligence committees, congressional leadership, the armed 
services committees, and the homeland security committees 
(consistent with sources and methods) not later than 14 days 
after a determination has been made with moderate or high 
confidence that a significant foreign cyber intrusion or active 
measures campaign intended to influence an upcoming election 
for any Federal office has taken place by a foreign state or 
foreign nonstate person, group, or other entity. The briefing 
shall provide a description of the significant foreign cyber 
intrusion or active measures campaign, including an 
identification of the foreign state or foreign nonstate person 
or group.

Section 2504--Reports on intelligence community loan repayment and 
        related programs

    Section 2504 requires the DNI, in cooperation with the 
heads of the elements of the IC, to submit to the congressional 
intelligence committees a report on potentially establishing an 
IC-wide program for student loan repayment and forgiveness.

Section 2505--Comptroller General of the United States report on senior 
        executives of the Office of the Director of National 
        Intelligence

    Section 2505 directs the Comptroller General of the United 
States within 180 days of enactment of this Act to submit a 
report to the congressional intelligence committees regarding 
senior executive service staffing at the ODNI.

Section 2506--Briefing on counterintelligence activities of the Federal 
        Bureau of Investigation

    Section 2506 requires the FBI Director provide the 
congressional intelligence committees on a quarterly basis with 
a briefing on the counterintelligence activities of the FBI 
that shall include, at a minimum, the counterintelligence 
posture of the Bureau on matters of counterintelligence 
concern. The FBI Director, in coordination with the Attorney 
General, shall develop guidelines governing the scope of such 
briefings.

Section 2507--Briefing on FBI offering permanent residence to sources 
        and cooperators

    Section 2507 directs the FBI within 30 days of enactment of 
this Act to provide a briefing to the congressional 
intelligence committees regarding the FBI's ability to provide 
permanent U.S. residence to foreign individuals who serve as 
cooperators in national security-related investigations.

Section 2508--Technical and clerical amendments to the National 
        Security Act of 1947

    Section 2508 makes certain edits to the National Security 
Act of 1947 as amended for technical or clerical purposes.

                 Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Committee held multiple 
hearings on the classified budgetary issues raised by H.R. 
6237. The bill, as reported by the Committee, reflects 
conclusions reached by the Committee in light of this oversight 
activity.

                General Performance Goals And Objectives

    The goals and objectives of H.R. 6237 are to authorize the 
intelligence and intelligence-related activities of the United 
States Government for Fiscal Years 2018 and 2019. These 
activities enhance the national security of the United States, 
support and assist the armed forces of the United States, and 
support the President in the execution of the foreign policy of 
the United States.
    The classified annexes that accompany this report reflect 
in great detail the Committee's specific performance goals and 
objectives at the programmatic level with respect to classified 
programs.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. In compliance with this requirement, the Committee 
has received a letter from the Congressional Budget Office 
included herein.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 29, 2018.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
completed a preliminary estimate of the direct spending effects 
of H.R. 6237, the Matthew Young Pollard Intelligence 
Authorization Act for Fiscal Years 2018 and 2019, as ordered 
reported by the House Permanent Select Committee on 
Intelligence on June 28, 2018. This preliminary estimate is 
based on language provided by the Committee on June 28, 2018. 
CBO's complete cost estimate for H.R. 6237, including 
discretionary costs, will be provided shortly.
    On a preliminary basis, CBO estimates that enacting the 
bill would affect direct spending by making changes to the 
Central Intelligence Agency Retirement and Disability System to 
enhance the benefits offered to certain annuitants; therefore, 
pay-as-you-go procedures apply. However, we estimate that those 
effects would be less than $500,000 over the 2019-2028 period. 
Enacting the bill would not affect revenues.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is William Ma.
            Sincerely,
                                                Keith Hall,
                                                          Director.

                  Statement on Congressional Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee states that the bill as 
reported contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

               CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT



           *       *       *       *       *       *       *
  TITLE II--THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM

           *       *       *       *       *       *       *


                    Part C--Computation of Annuities

SEC. 221. COMPUTATION OF ANNUITIES.

  (a) Annuity of Participant.--
          (1) Computation of annuity.--The annuity of a 
        participant is the product of--
                  (A) the participant's high-3 average pay (as 
                defined in paragraph (4)); and
                  (B) the number of years, not exceeding 35, of 
                service credit (determined in accordance with 
                sections 251 and 252) multiplied by 2 percent.
          (2) Credit for unused sick leave.--The total service 
        of a participant who retires on an immediate annuity 
        (except under section 231) or who dies leaving a 
        survivor or survivors entitled to an annuity shall 
        include (without regard to the 35-year limitation 
        prescribed in paragraph (1)) the days of unused sick 
        leave to the credit of the participant. Days of unused 
        sick leave may not be counted in determining average 
        basic pay or eligibility for an annuity under this 
        title. A deposit shall not be required for days of 
        unused sick leave credited under this paragraph.
          (3) Crediting of part-time service.--
                  (A) In general.--In the case of a participant 
                whose service includes service on a part-time 
                basis performed after April 6, 1986, the 
                participant's annuity shall be the sum of the 
                amounts determined under subparagraphs (B) and 
                (C).
                  (B) Computation of pre-april 7, 1986, 
                annuity.--The portion of an annuity referred to 
                in subparagraph (A) with respect to service 
                before April 7, 1986, shall be the amount 
                computed under paragraph (1) using the 
                participant's length of service before that 
                date (increased by the unused sick leave to the 
                credit of the participant at the time of 
                retirement) and the participant's high-3 
                average pay[.], as determined by using the 
                annual rate of basic pay that would be payable 
                for full-time service in that position.
                  (C) Computation of post-april 6, 1986, 
                annuity.--The portion of an annuity referred to 
                in subparagraph (A) with respect to service 
                after April 6, 1986, shall be the product of--
                          (i) the amount computed under 
                        paragraph (1), using the participant's 
                        length of service after that date and 
                        the participant's high-3 average pay, 
                        as determined by using the annual rate 
                        of basic pay that would be payable for 
                        full-time service; and
                          (ii) the ratio which the 
                        participant's actual service after 
                        April 6, 1986 (as determined by 
                        prorating the participant's total 
                        service after that date to reflect the 
                        service that was performed on a part-
                        time basis) bears to the total service 
                        after that date that would be 
                        creditable for the participant if all 
                        the service had been performed on a 
                        full-time basis.
                  (D) Treatment of employment on temporary or 
                intermittent basis.--Employment on a temporary 
                or intermittent basis shall not be considered 
                to be service on a part-time basis for purposes 
                of this paragraph.
          (4) High-3 average pay defined.--For purposes of this 
        subsection, a participant's high-3 average pay is the 
        amount of the participant's average basic pay for the 
        highest 3 consecutive years of the participant's 
        service for which full contributions have been made to 
        the fund.
          (5) Computation of service.--In determining the 
        aggregate period of service upon which an annuity is to 
        be based, any fractional part of a month shall not be 
        counted.
  (b) Spouse or Former Spouse Survivor Annuity.--
          (1) Reduction in participant's annuity to provide 
        spouse or former spouse survivor annuity.--
                  (A) General rule.--Except to the extent 
                provided otherwise under a written election 
                under subparagraph (B) or (C), if at the time 
                of retirement a participant or former 
                participant is married (or has a former spouse 
                who has not remarried before attaining age 55), 
                the participant shall receive a reduced annuity 
                and provide a survivor annuity for the 
                participant's spouse under this subsection or 
                former spouse under section 222(b), or a 
                combination of such annuities, as the case may 
                be.
                  (B) Joint election for waiver or reduction of 
                spouse survivor annuity.--A married participant 
                or former participant and the participant's 
                spouse may jointly elect in writing at the time 
                of retirement to waive a survivor annuity for 
                that spouse under this section or to reduce 
                such survivor annuity under this section by 
                designating a portion of the annuity of the 
                participant as the base for the survivor 
                annuity. If the marriage is dissolved following 
                an election for such a reduced annuity and the 
                spouse qualifies as a former spouse, the base 
                used in calculating any annuity of the former 
                spouse under section 222(b) may not exceed the 
                portion of the participant's annuity designated 
                under this subparagraph.
                  (C) Joint election of participant and former 
                spouse.--If a participant or former participant 
                has a former spouse, such participant and the 
                participant's former spouse may jointly elect 
                by spousal agreement under section 264(b) to 
                waive, reduce, or increase a survivor annuity 
                under section 222(b) for that former spouse. 
                Any such election must be made (i) before the 
                end of the [12-month] 2-year period beginning 
                on the date on which the divorce or annulment 
                involving that former spouse becomes final, or 
                (ii) at the time of retirement of the 
                participant, whichever is later.
                  (D) Unilateral elections in absence of spouse 
                or former spouse.--The Director may prescribe 
                regulations under which a participant or former 
                participant may make an election under 
                subparagraph (B) or (C) without the 
                participant's spouse or former spouse if the 
                participant establishes to the satisfaction of 
                the Director that the participant does not 
                know, and has taken all reasonable steps to 
                determine, the whereabouts of the spouse or 
                former spouse.
          (2) Amount of reduction in participant's annuity.--
        The annuity of a participant or former participant 
        providing a survivor annuity under this section (or 
        section 222(b)), excluding any portion of the annuity 
        not designated or committed as a base for any survivor 
        annuity, shall be reduced by 2\1/2\ percent of the 
        first $3,600 plus 10 percent of any amount over $3,600. 
        The reduction under this paragraph shall be calculated 
        before any reduction under section 222(a)(5).
          (3) Amount of surviving spouse annuity.--
                  (A) In general.--If a retired participant 
                receiving a reduced annuity under this 
                subsection dies and is survived by a spouse, a 
                survivor annuity shall be paid to the surviving 
                spouse. The amount of the annuity shall be 
                equal to 55 percent of (i) the full amount of 
                the participant's annuity computed under 
                subsection (a), or (ii) any lesser amount 
                elected as the base for the survivor annuity 
                under paragraph (1)(B).
                  (B) Limitation.--Notwithstanding subparagraph 
                (A), the amount of the annuity calculated under 
                subparagraph (A) for a surviving spouse in any 
                case in which there is also a surviving former 
                spouse of the retired participant who qualifies 
                for an annuity under section 222(b) may not 
                exceed 55 percent of the portion (if any) of 
                the base for survivor annuities which remains 
                available under section 222(b)(4)(B).
                  (C) Effective date and termination of 
                annuity.--An annuity payable from the fund to a 
                surviving spouse under this paragraph shall 
                commence on the day after the retired 
                participant dies and shall terminate on the 
                last day of the month before the surviving 
                spouse's death or remarriage before attaining 
                age 55. If such survivor annuity is terminated 
                because of remarriage, it shall be restored at 
                the same rate commencing on the date such 
                remarriage is dissolved by death, annulment, or 
                divorce if any lump sum paid upon termination 
                of the annuity is returned to the fund.
  (c)  18-Month Open Period After Retirement To Provide Spouse 
Coverage.--
          (1) Survivor annuity elections.--
                  (A) Election when spouse coverage waived at 
                time of retirement.--A participant or former 
                participant who retires after March 31, 1992 
                and who--
                          (i) is married at the time of 
                        retirement; and
                          (ii) elects at that time (in 
                        accordance with subsection (b)) to 
                        waive a survivor annuity for the 
                        spouse,
                may, during the 18-month period beginning on 
                the date of the retirement of the participant, 
                elect to have a reduction under subsection (b) 
                made in the annuity of the participant (or in 
                such portion thereof as the participant may 
                designate) in order to provide a survivor 
                annuity for the participant's spouse.
                  (B) Election when reduced spouse annuity 
                elected.--A participant or former participant 
                who retires after March 31, 1992, and--
                          (i) who, at the time of retirement, 
                        is married, and
                          (ii) who, at that time designates (in 
                        accordance with subsection (b)) that a 
                        portion of the annuity of such 
                        participant is to be used as the base 
                        for a survivor annuity,
                may, during the 18-month period beginning on 
                the date of the retirement of such participant, 
                elect to have a greater portion of the annuity 
                of such participant so used.
          (2) Deposit required.--
                  (A) Requirement.--An election under paragraph 
                (1) shall not be effective unless the amount 
                specified in subparagraph (B) is deposited into 
                the fund before the end of that 18-month 
                period.
                  (B) Amount of deposit.--The amount to be 
                deposited with respect to an election under 
                this subsection is the amount equal to the sum 
                of the following:
                          (i) Additional cost to system.--The 
                        additional cost to the system that is 
                        associated with providing a survivor 
                        annuity under subsection (b) and that 
                        results from such election, taking into 
                        account--
                                  (I) the difference (for the 
                                period between the date on 
                                which the annuity of the 
                                participant or former 
                                participant commences and the 
                                date of the election) between 
                                the amount paid to such 
                                participant or former 
                                participant under this title 
                                and the amount which would have 
                                been paid if such election had 
                                been made at the time the 
                                participant or former 
                                participant applied for the 
                                annuity; and
                                  (II) the costs associated 
                                with providing for the later 
                                election.
                          (ii) Interest.--Interest on the 
                        additional cost determined under clause 
                        (i), computed using the interest rate 
                        specified or determined under section 
                        8334(e) of title 5, United States Code, 
                        for the calendar year in which the 
                        amount to be deposited is determined.
          (3) Voiding of previous elections.--An election by a 
        participant or former participant under this subsection 
        voids prospectively any election previously made in the 
        case of such participant under subsection (b).
          (4) Reductions in annuity.--An annuity that is 
        reduced in connection with an election under this 
        subsection shall be reduced by the same percentage 
        reductions as were in effect at the time of the 
        retirement of the participant or former participant 
        whose annuity is so reduced.
          (5) Rights and obligations resulting from reduced 
        annuity election.--Rights and obligations resulting 
        from the election of a reduced annuity under this 
        subsection shall be the same as the rights and 
        obligations that would have resulted had the 
        participant involved elected such annuity at the time 
        of retirement.
  (d) Annuities for Surviving Children.--
          (1) Participants dying before april 1, 1992.--In the 
        case of a retired participant who died before April 1, 
        1992, and who is survived by a child or children--
                  (A) if the retired participant was survived 
                by a spouse, there shall be paid from the fund 
                to or on behalf of each such surviving child an 
                annuity determined under paragraph (3)(A); and
                  (B) if the retired participant was not 
                survived by a spouse, there shall be paid from 
                the fund to or on behalf of each such surviving 
                child an annuity determined under paragraph 
                (3)(B).
          (2) Participants dying on or after april 1, 1992.--In 
        the case of a retired participant who dies on or after 
        April 1, 1992, and who is survived by a child or 
        children--
                  (A) if the retired participant is survived by 
                a spouse or former spouse who is the natural or 
                adoptive parent of a surviving child of the 
                participant, there shall be paid from the fund 
                to or on behalf of each such surviving child an 
                annuity determined under paragraph (3)(A); and
                  (B) if the retired participant is not 
                survived by a spouse or former spouse who is 
                the natural or adoptive parent of a surviving 
                child of the participant, there shall be paid 
                to or on behalf of each such surviving child an 
                annuity determined under paragraph (3)(B).
          (3) Amount of annuity.--
                  (A) The annual amount of an annuity for the 
                surviving child of a participant covered by 
                paragraph (1)(A) or (2)(A) of this subsection 
                (or covered by paragraph (1)(A) or (2)(A) of 
                section 232(c)) is the smallest of the 
                following:
                          (i) 60 percent of the participant's 
                        high-3 average pay, as determined under 
                        subsection (a)(4), divided by the 
                        number of children.
                          (ii) $900, as adjusted under section 
                        291.
                          (iii) $2,700, as adjusted under 
                        section 291, divided by the number of 
                        children.
                  (B) The amount of an annuity for the 
                surviving child of a participant covered by 
                paragraph (1)(B) or (2)(B) of this subsection 
                (or covered by paragraph (1)(B) or (2)(B) of 
                section 232(c)) is the smallest of the 
                following:
                          (i) 75 percent of the participant's 
                        high-3 average pay, as determined under 
                        subsection (a)(4), divided by the 
                        number of children.
                          (ii) $1,080, as adjusted under 
                        section 291.
                          (iii) $3,240, as adjusted under 
                        section 291, divided by the number of 
                        children.
          (4) Recomputation of child annuities.--
                  (A) In the case of a child annuity payable 
                under paragraph (1), upon the death of a 
                surviving spouse or the termination of the 
                annuity of a child, the annuities of any 
                remaining children shall be recomputed and paid 
                as though the spouse or child had not survived 
                the retired participant.
                  (B) In the case of a child annuity payable 
                under paragraph (2), upon the death of a 
                surviving spouse or former spouse or 
                termination of the annuity of a child, the 
                annuities of any remaining children shall be 
                recomputed and paid as though the spouse, 
                former spouse, or child had not survived the 
                retired participant. If the annuity of a 
                surviving child who has not been receiving an 
                annuity is initiated or resumed, the annuities 
                of any other children shall be recomputed and 
                paid from that date as though the annuities of 
                all currently eligible children were then being 
                initiated.
          (5) Definition of former spouse.--For purposes of 
        this subsection, the term ``former spouse'' includes 
        any former wife or husband of the retired participant, 
        regardless of the length of marriage or the amount of 
        creditable service completed by the participant.
  (e) Commencement and Termination of Child Annuities.--
          (1) Commencement.--An annuity payable to a child 
        under subsection (d), or under section 232(c), shall 
        begin on the day after the date on which the 
        participant or retired participant dies or, in the case 
        of an individual over the age of 18 who is not a child 
        within the meaning of section 102(b), shall begin or 
        resume on the first day of the month in which the 
        individual later becomes or again becomes a student as 
        described in section 102(b). Such annuity may not 
        commence until any lump-sum that has been paid is 
        returned to the fund.
          (2) Termination.--Such an annuity shall terminate on 
        the last day of the month before the month in which the 
        recipient of the annuity dies or no longer qualifies as 
        a child (as defined in section 102(b)).
  (f) Participants Not Married at Time of Retirement.--
          (1) Designation of persons with insurable interest.--
                  (A) Authority to make designation.--Subject 
                to the rights of former spouses under sections 
                221(b) and 222, at the time of retirement an 
                unmarried participant found by the Director to 
                be in good health may elect to receive an 
                annuity reduced in accordance with subparagraph 
                (B) and designate in writing an individual 
                having an insurable interest in the participant 
                to receive an annuity under the system after 
                the participant's death. The amount of such an 
                annuity shall be equal to 55 percent of the 
                participant's reduced annuity.
                  (B) Reduction in participant's annuity.--The 
                annuity payable to the participant making such 
                election shall be reduced by 10 percent of an 
                annuity computed under subsection (a) and by an 
                additional 5 percent for each full 5 years the 
                designated individual is younger than the 
                participant. The total reduction under this 
                subparagraph may not exceed 40 percent.
                  (C) Commencement of survivor annuity.--The 
                annuity payable to the designated individual 
                shall begin on the day after the retired 
                participant dies and terminate on the last day 
                of the month before the designated individual 
                dies.
                  (D) Recomputation of participant's annuity on 
                death of designated individual.--An annuity 
                which is reduced under this paragraph shall, 
                effective the first day of the month following 
                the death of the designated individual, be 
                recomputed and paid as if the annuity had not 
                been so reduced.
          (2) Election of survivor annuity upon subsequent 
        marriage.--A participant who is unmarried at the time 
        of retirement and who later marries may irrevocably 
        elect, in a signed writing received by the Director 
        within [one year] two years after the marriage, to 
        receive a reduced annuity as provided in section 
        221(b). Such election and reduction shall be effective 
        on the first day of the month beginning 9 months after 
        the date of marriage. The election voids prospectively 
        any election previously made under paragraph (1).
  (g) Effect of Divorce After Retirement.--
          (1) Recomputation of retired participant's annuity 
        upon divorce.--An annuity which is reduced under this 
        section (or any similar prior provision of law) to 
        provide a survivor annuity for a spouse shall, if the 
        marriage of the retired participant to such spouse is 
        dissolved, be recomputed and paid for each full month 
        during which a retired participant is not married (or 
        is remarried, if there is no election in effect under 
        paragraph (2)) as if the annuity had not been so 
        reduced, subject to any reduction required to provide a 
        survivor annuity under subsection (b) or (c) of section 
        222 or under section 226.
          (2) Election of survivor annuity upon subsequent 
        remarriage.--
                  (A) In general.--Upon remarriage, the retired 
                participant may irrevocably elect, by means of 
                a signed writing received by the Director 
                within [one year] two years after such 
                remarriage, to receive a reduced annuity for 
                the purpose of providing an annuity for the new 
                spouse of the retired participant in the event 
                such spouse survives the retired participant. 
                Such reduction shall be equal to the reduction 
                in effect immediately before the dissolution of 
                the previous marriage (unless such reduction is 
                adjusted under section 222(b)(5) or elected 
                under subparagraph (B)).
                  (B) When annuity previously not (or not 
                fully) reduced.--
                          (i) Election.--If the retired 
                        participant's annuity was not reduced 
                        (or was not fully reduced) to provide a 
                        survivor annuity for the participant's 
                        spouse or former spouse as of the time 
                        of retirement, the retired participant 
                        may make an election under the first 
                        sentence of subparagraph (A) upon 
                        remarriage to a spouse other than the 
                        spouse at the time of retirement. For 
                        any remarriage that occurred before 
                        August 14, 1991, the retired 
                        participant may make such an election 
                        within 2 years after such date.
                          (ii) Deposit required.--
                                  (I) The retired participant 
                                shall, within [one year] two 
                                years after the date of the 
                                remarriage (or by August 14, 
                                1993 for any remarriage that 
                                occurred before August 14, 
                                1991), deposit in the fund an 
                                amount determined by the 
                                Director, as nearly as may be 
                                administratively feasible, to 
                                reflect the amount by which the 
                                retired participant's annuity 
                                would have been reduced if the 
                                election had been in effect 
                                since the date the annuity 
                                commenced, plus interest.
                                  (II) The annual rate of 
                                interest for each year during 
                                which the retired participant's 
                                annuity would have been reduced 
                                if the election had been in 
                                effect since the date the 
                                annuity commenced shall be 6 
                                percent.
                                  (III) If the retired 
                                participant does not make the 
                                deposit, the Director shall 
                                collect such amount by offset 
                                against the participant's 
                                annuity, up to a maximum of 25 
                                percent of the net annuity 
                                otherwise payable to the 
                                retired participant, and the 
                                retired participant is deemed 
                                to consent to such offset.
                                  (IV) The deposit required by 
                                this subparagraph may be made 
                                by the surviving spouse of the 
                                retired participant.
                  (C) Effects of election.--An election under 
                this paragraph and the reduction in the 
                participant's annuity shall be effective on the 
                first day of the month beginning 9 months after 
                the date of remarriage. A survivor annuity 
                elected under this paragraph shall be treated 
                in all respects as a survivor annuity under 
                subsection (b).
  (h) Conditional Election of Insurable Interest Survivor 
Annuity by Participants Married at the Time of Retirement.--
          (1)  Authority to make designation.--Subject to the 
        rights of former spouses under subsection (b) and 
        section 222, at the time of retirement a married 
        participant found by the Director to be in good health 
        may elect to receive an annuity reduced in accordance 
        with subsection (f)(1)(B) and designate in writing an 
        individual having an insurable interest in the 
        participant to receive an annuity under the system 
        after the participant's death, except that any such 
        election to provide an insurable interest survivor 
        annuity to the participant's spouse shall only be 
        effective if the participant's spouse waives the 
        spousal right to a survivor annuity under this Act. The 
        amount of the annuity shall be equal to 55 percent of 
        the participant's reduced annuity.
          (2) Reduction in participant's annuity.--The annuity 
        payable to the participant making such election shall 
        be reduced by 10 percent of an annuity computed under 
        subsection (a) and by an additional 5 percent for each 
        full 5 years the designated individual is younger than 
        the participant. The total reduction under this 
        subparagraph may not exceed 40 percent.
          (3) Commencement of survivor annuity.--The annuity 
        payable to the designated individual shall begin on the 
        day after the retired participant dies and terminate on 
        the last day of the month before the designated 
        individual dies.
          (4) Recomputation of participant's annuity on death 
        of designated individual.--An annuity which is reduced 
        under this subsection shall, effective the first day of 
        the month following the death of the designated 
        individual, be recomputed and paid as if the annuity 
        had not been so reduced.
  [(h)] (i) Coordination of Annuities.--
          (1) Surviving spouse.--A surviving spouse whose 
        survivor annuity was terminated because of remarriage 
        before attaining age 55 shall not be entitled under 
        subsection (b)(3)(C) to the restoration of that 
        survivor annuity payable from the fund unless the 
        surviving spouse elects to receive it instead of any 
        other survivor annuity to which the surviving spouse 
        may be entitled under the system or any other 
        retirement system for Government employees by reason of 
        the remarriage.
          (2) Former spouse.--A surviving former spouse of a 
        participant or retired participant shall not become 
        entitled under section 222(b) or 224 to a survivor 
        annuity or to the restoration of a survivor annuity 
        payable from the fund unless the surviving former 
        spouse elects to receive it instead of any other 
        survivor annuity to which the surviving former spouse 
        may be entitled under this or any other retirement 
        system for Government employees on the basis of a 
        marriage to someone other than the participant.
          (3) Surviving spouse of post-retirement marriage.--A 
        surviving spouse who married a participant after the 
        participant's retirement shall be entitled to a 
        survivor annuity payable from the fund only upon 
        electing that annuity instead of any other survivor 
        annuity to which the surviving spouse may be entitled 
        under this or any other retirement system for 
        Government employees on the basis of a marriage to 
        someone other than the retired participant.
  [(i)] (j) Supplemental Survivor Annuities.--
          (1) Spouse of recalled annuitant.--A married recalled 
        annuitant who reverts to retired status with 
        entitlement to a supplemental annuity under section 
        271(b) shall, unless the annuitant and the annuitant's 
        spouse jointly elect in writing to the contrary at the 
        time of reversion to retired status, have the 
        supplemental annuity reduced by 10 percent to provide a 
        supplemental survivor annuity for the annuitant's 
        spouse. Such supplemental survivor annuity shall be 
        equal to 55 percent of the supplemental annuity of the 
        annuitant.
          (2) Regulations.--The Director shall prescribe 
        regulations to provide for the application of paragraph 
        (1) of this subsection and of subsection (b) of section 
        271 in any case in which an annuitant has a former 
        spouse who was married to the recalled annuitant at any 
        time during the period of recall service and who 
        qualifies for an annuity under section 222(b).
  [(j)] (k) Offset of Annuities by Amount of Social Security 
Benefit.--Notwithstanding any other provision of this title, an 
annuity (including a disability annuity) payable under this 
title to an individual described in sections 211(d)(1) and 
301(c)(1) and any survivor annuity payable under this title on 
the basis of the service of such individual shall be reduced in 
a manner consistent with section 8349 of title 5, United States 
Code, under conditions consistent with the conditions 
prescribed in that section.
  [(k)] (l) Information From Other Agencies.--
          (1) Other agencies.--For the purpose of ensuring the 
        accuracy of the information used in the determination 
        of eligibility for and the computation of annuities 
        payable from the fund under this title, at the request 
        of the Director--
                  (A) the Secretary of Defense shall provide 
                information on retired or retainer pay paid 
                under title 10, United States Code;
                  (B) the Secretary of Veterans Affairs shall 
                provide information on pensions or compensation 
                paid under title 38, United States Code;
                  (C) the Secretary of Health and Human 
                Services shall provide information contained in 
                the records of the Social Security 
                Administration; and
                  (D) the Secretary of Labor shall provide 
                information on benefits paid under subchapter I 
                of chapter 81 of title 5, United States Code.
          (2) Limitation on information requested.--The 
        Director shall request only such information as the 
        Director determines is necessary.
          (3) Limitation on uses of information.--The Director, 
        in consultation with the officials from whom 
        information is requested, shall ensure that information 
        made available under this subsection is used only for 
        the purposes authorized.
  [(l)] (m) Information on Rights Under the System.--The 
Director shall, on an annual basis--
          (1) inform each retired participant of the 
        participant's right of election under subsections (c), 
        (f)(2), and (g); and
          (2) to the maximum extent practicable, inform spouses 
        and former spouses of participants, former 
        participants, and retired participants of their rights 
        under this Act.

SEC. 222. ANNUITIES FOR FORMER SPOUSES.

  (a) Former Spouse Share of Participant's Annuity.--
          (1) Pro rata share.--Unless otherwise expressly 
        provided by a spousal agreement or court order under 
        section 264(b), a former spouse of a participant, 
        former participant, or retired participant is entitled 
        to an annuity--
                  (A) if married to the participant, former 
                participant, or retired participant throughout 
                the creditable service of the participant, 
                equal to 50 percent of the annuity of the 
                participant; or
                  (B) if not married to the participant 
                throughout such creditable service, equal to 
                that proportion of 50 percent of such annuity 
                that is the proportion that the number of days 
                of the marriage of the former spouse to the 
                participant during periods of creditable 
                service of such participant under this title 
                bears to the total number of days of such 
                creditable service.
          (2) Disqualification upon remarriage before age 55.--
        A former spouse is not qualified for an annuity under 
        this subsection if before the commencement of that 
        annuity the former spouse remarries before becoming 55 
        years of age.
          (3) Commencement of annuity.--The annuity of a former 
        spouse under this subsection commences on the day the 
        participant upon whose service the annuity is based 
        becomes entitled to an annuity under this title or on 
        the first day of the month after the divorce or 
        annulment involved becomes final, whichever is later.
          (4) Termination of annuity.--The annuity of such 
        former spouse and the right thereto terminate on--
                  (A) the last day of the month before the 
                month in which the former spouse dies or 
                remarries before 55 years of age; or
                  (B) the date on which the annuity of the 
                participant terminates (except in the case of 
                an annuity subject to paragraph (5)(B)).
          (5) Treatment of participant's annuity.--
                  (A) Reduction in participant's annuity.--The 
                annuity payable to any participant shall be 
                reduced by the amount of an annuity under this 
                subsection paid to any former spouse based upon 
                the service of that participant. Such reduction 
                shall be disregarded in calculating--
                          (i) the survivor annuity for any 
                        spouse, former spouse, or other 
                        survivor under this title; and
                          (ii) any reduction in the annuity of 
                        the participant to provide survivor 
                        benefits under subsection (b) or under 
                        section 221(b).
                  (B) Treatment when annuitant returns to 
                service.--If an annuitant whose annuity is 
                reduced under subparagraph (A) is recalled to 
                service under section 271, or reinstated or 
                reappointed, in the case of a recovered 
                disability annuitant, or if any annuitant is 
                reemployed as provided for under sections 272 
                and 273, the pay of that annuitant shall be 
                reduced by the same amount as the annuity would 
                have been reduced if it had continued. Amounts 
                equal to the reductions under this subparagraph 
                shall be deposited in the Treasury of the 
                United States to the credit of the fund.
          (6) Disability annuitant.--Notwithstanding paragraph 
        (3), in the case of a former spouse of a disability 
        annuitant--
                  (A) the annuity of that former spouse shall 
                commence on the date on which the participant 
                would qualify on the basis of the participant's 
                creditable service for an annuity under this 
                title (other than a disability annuity) or the 
                date on which the disability annuity begins, 
                whichever is later, and
                  (B) the amount of the annuity of the former 
                spouse shall be calculated on the basis of the 
                annuity for which the participant would 
                otherwise so qualify.
          (7) Election of benefits.--A former spouse of a 
        participant, former participant, or retired participant 
        shall not become entitled under this subsection to an 
        annuity payable from the fund unless the former spouse 
        elects to receive it instead of any survivor annuity to 
        which the former spouse may be entitled under this or 
        any other retirement system for Government employees on 
        the basis of a marriage to someone other than the 
        participant.
          (8) Limitation in case of multiple former spouse 
        annuities.--No spousal agreement or court order under 
        section 264(b) involving a participant may provide for 
        an annuity or a combination of annuities under this 
        subsection that exceeds the annuity of the participant.
  (b) Former Spouse Survivor Annuity.--
          (1) Pro rata share.--Subject to any election under 
        section 221(b)(1)(B) and (C) and unless otherwise 
        expressly provided by a spousal agreement or court 
        order under section 264(b), if an annuitant is survived 
        by a former spouse, the former spouse shall be 
        entitled--
                  (A) if married to the annuitant throughout 
                the creditable service of the annuitant, to a 
                survivor annuity equal to 55 percent of the 
                unreduced amount of the annuitant's annuity, as 
                computed under section 221(a); and
                  (B) if not married to the annuitant 
                throughout such creditable service, to a 
                survivor annuity equal to that proportion of 55 
                percent of the unreduced amount of such annuity 
                that is the proportion that the number of days 
                of the marriage of the former spouse to the 
                participant during periods of creditable 
                service of such participant under this title 
                bears to the total number of days of such 
                creditable service.
          (2) Disqualification upon remarriage before age 55.--
        A former spouse shall not be qualified for an annuity 
        under this subsection if before the commencement of 
        that annuity the former spouse remarries before 
        becoming 55 years of age.
          (3) Commencement, termination, and restoration of 
        annuity.--An annuity payable from the fund under this 
        title to a surviving former spouse under this 
        subsection shall commence on the day after the 
        annuitant dies and shall terminate on the last day of 
        the month before the former spouse's death or 
        remarriage before attaining age 55. If such a survivor 
        annuity is terminated because of remarriage, it shall 
        be restored at the same rate commencing on the date 
        such remarriage is dissolved by death, annulment, or 
        divorce if any lump sum paid upon termination of the 
        annuity is returned to the fund.
          (4) Survivor annuity amount.--
                  (A) Maximum amount.--The maximum survivor 
                annuity or combination of survivor annuities 
                under this subsection (and section 221(b)(3)) 
                with respect to any participant may not exceed 
                55 percent of the full amount of the 
                participant's annuity, as calculated under 
                section 221(a).
                  (B) Limitation on other survivor annuities 
                based on service of same participant.--Once a 
                survivor annuity has been provided under this 
                subsection for any former spouse, a survivor 
                annuity for another individual may thereafter 
                be provided under this subsection (or section 
                221(b)(3)) with respect to the participant only 
                for that portion (if any) of the maximum 
                available which is not committed for survivor 
                benefits for any former spouse whose 
                prospective right to such annuity has not 
                terminated by reason of death or remarriage.
                  (C) Finality of court order upon death of 
                participant.--After the death of a participant 
                or retired participant, a court order under 
                section 264(b) may not adjust the amount of the 
                annuity of a former spouse of that participant 
                or retired participant under this section.
          (5) Effect of termination of former spouse 
        entitlement.--
                  (A) Recomputation of participant's annuity.--
                If a former spouse of a retired participant 
                dies or remarries before attaining age 55, the 
                annuity of the retired participant, if reduced 
                to provide a survivor annuity for that former 
                spouse, shall be recomputed and paid, effective 
                on the first day of the month beginning after 
                such death or remarriage, as if the annuity had 
                not been so reduced, unless an election is in 
                effect under subparagraph (B).
                  (B) Election of spouse annuity.--Subject to 
                paragraph (4)(B), the participant may elect in 
                writing within [one year] two years after 
                receipt of notice of the death or remarriage of 
                the former spouse to continue the reduction in 
                order to provide a higher survivor annuity 
                under section 221(b)(3) for any spouse of the 
                participant.
  (c) Optional Additional Survivor Annuities for Other Former 
Spouse or Surviving Spouse.--
          (1) In general.--In the case of any participant 
        providing a survivor annuity under subsection (b) for a 
        former spouse--
                  (A) such participant may elect, or
                  (B) a spousal agreement or court order under 
                section 264(b) may provide for,
        an additional survivor annuity under this subsection 
        for any other former spouse or spouse surviving the 
        participant, if the participant satisfactorily passes a 
        physical examination as prescribed by the Director.
          (2) Limitation.--Neither the total amount of survivor 
        annuity or annuities under this subsection with respect 
        to any participant, nor the survivor annuity or 
        annuities for any one surviving spouse or former spouse 
        of such participant under this section or section 221, 
        may exceed 55 percent of the unreduced amount of the 
        participant's annuity, as computed under section 
        221(a).
          (3) Contribution for additional annuities.--
                  (A) Provision of additional survivor 
                annuity.--In accordance with regulations which 
                the Director shall prescribe, the participant 
                involved may provide for any annuity under this 
                subsection--
                          (i) by a reduction in the annuity or 
                        an allotment from the basic pay of the 
                        participant;
                          (ii) by a lump-sum payment or 
                        installment payments to the fund; or
                          (iii) by any combination thereof.
                  (B) Actuarial equivalence to benefit.--The 
                present value of the total amount to accrue to 
                the fund under subparagraph (A) to provide any 
                annuity under this subsection shall be 
                actuarially equivalent in value to such 
                annuity, as calculated upon such tables of 
                mortality as may from time to time be 
                prescribed for this purpose by the Director.
                  (C) Effect of former spouse's death or 
                disqualification.--If a former spouse 
                predeceases the participant or remarries before 
                attaining age 55 (or, in the case of a spouse, 
                the spouse predeceases the participant or does 
                not qualify as a former spouse upon dissolution 
                of the marriage)--
                          (i) if an annuity reduction or pay 
                        allotment under subparagraph (A) is in 
                        effect for that spouse or former 
                        spouse, the annuity shall be recomputed 
                        and paid as if it had not been reduced 
                        or the pay allotment terminated, as the 
                        case may be; and
                          (ii) any amount accruing to the fund 
                        under subparagraph (A) shall be 
                        refunded, but only to the extent that 
                        such amount may have exceeded the 
                        actuarial cost of providing benefits 
                        under this subsection for the period 
                        such benefits were provided, as 
                        determined under regulations prescribed 
                        by the Director.
                  (D) Recomputation upon death or remarriage of 
                former spouse.--Under regulations prescribed by 
                the Director, an annuity shall be recomputed 
                (or a pay allotment terminated or adjusted), 
                and a refund provided (if appropriate), in a 
                manner comparable to that provided under 
                subparagraph (C), in order to reflect a 
                termination or reduction of future benefits 
                under this subsection for a spouse in the event 
                a former spouse of the participant dies or 
                remarries before attaining age 55 and an 
                increased annuity is provided for that spouse 
                in accordance with this section.
          (4) Commencement and termination of additional 
        survivor annuity.--An annuity payable under this 
        subsection to a spouse or former spouse shall commence 
        on the day after the participant dies and shall 
        terminate on the last day of the month before the 
        spouse's or the former spouse's death or remarriage 
        before attaining age 55.
          (5) Nonapplicability of cola provision.--Section 291 
        does not apply to an annuity under this subsection, 
        unless authorized under regulations prescribed by the 
        Director.

           *       *       *       *       *       *       *


Part D--Benefits Accruing to Certain Participants

           *       *       *       *       *       *       *


SEC. 232. DEATH IN SERVICE.

  (a) Return of Contributions When No Annuity Payable.--If a 
participant dies and no claim for an annuity is payable under 
this title, the participant's lump-sum credit and any voluntary 
contributions made under section 281, with interest, shall be 
paid in the order of precedence shown in section 241(c).
  (b) Survivor Annuity for Surviving Spouse or Former Spouse.--
          (1) In general.--If a participant dies before 
        separation or retirement from the Agency and is 
        survived by a spouse or by a former spouse qualifying 
        for a survivor annuity under section 222(b), such 
        surviving spouse shall be entitled to an annuity equal 
        to 55 percent of the annuity computed in accordance 
        with paragraphs (2) and (3) of this subsection and 
        section 221(a), and any such surviving former spouse 
        shall be entitled to an annuity computed in accordance 
        with section 222(b) and paragraph (2) of this 
        subsection as if the participant died after being 
        entitled to an annuity under this title. The annuity of 
        such surviving spouse or former spouse shall commence 
        on the day after the participant dies and shall 
        terminate on the last day of the month before the death 
        or remarriage before attaining age 55 of the surviving 
        spouse or former spouse (subject to the payment and 
        restoration provisions of sections 221(b)(3)(C), 
        [221(h),] 221(i), and 222(b)(3)).
          (2) Computation.--The annuity payable under paragraph 
        (1) shall be computed in accordance with section 
        221(a), except that the computation of the annuity of 
        the participant under such section shall be at least 
        the smaller of (A) 40 percent of the participant's 
        high-3 average pay, or (B) the sum obtained under such 
        section after increasing the participant's length of 
        service by the difference between the participant's age 
        at the time of death and age 60.
          (3) Limitation.--Notwithstanding paragraph (1), if 
        the participant had a former spouse qualifying for an 
        annuity under section 222(b), the annuity of a 
        surviving spouse under this section shall be subject to 
        the limitation of section 221(b)(3)(B), and the annuity 
        of a former spouse under this section shall be subject 
        to the limitation of section 222(b)(4)(B).
          (4) Precedence of section 224 survivor annuity over 
        death-in-service annuity.--If a former spouse who is 
        eligible for a death-in-service annuity under this 
        section is or becomes eligible for an annuity under 
        section 224, the annuity provided under this section 
        shall not be payable and shall be superseded by the 
        annuity under section 224.
  (c) Annuities for Surviving Children.--
          (1) Participants dying before april 1, 1992.--In the 
        case of a participant who before April 1, 1992, died 
        before separation or retirement from the Agency and who 
        was survived by a child or children--
                  (A) if the participant was survived by a 
                spouse, there shall be paid from the fund to or 
                on behalf of each such surviving child an 
                annuity determined under section 221(d)(3)(A); 
                and
                  (B) if the participant was not survived by a 
                spouse, there shall be paid from the fund to or 
                on behalf of each such surviving child an 
                annuity determined under section 221(d)(3)(B).
          (2) Participants dying on or after april 1, 1992.--In 
        the case of a participant who on or after April 1, 
        1992, dies before separation or retirement from the 
        Agency and who is survived by a child or children--
                  (A) if the participant is survived by a 
                spouse or former spouse who is the natural or 
                adoptive parent of a surviving child of the 
                participant, there shall be paid from the fund 
                to or on behalf of each such surviving child an 
                annuity determined under section 221(d)(3)(A); 
                and
                  (B) if the participant is not survived by a 
                spouse or former spouse who is the natural or 
                adoptive parent of a surviving child of the 
                participant, there shall be paid to or on 
                behalf of each such surviving child an annuity 
                determined under section 221(d)(3)(B).
          (3) Former spouse defined.--For purposes of this 
        subsection, the term ``former spouse'' includes any 
        former wife or husband of a participant, regardless of 
        the length of marriage or the amount of creditable 
        service completed by the participant.

           *       *       *       *       *       *       *


Part F--Period of Service for Annuities

           *       *       *       *       *       *       *


SEC. 252. PRIOR SERVICE CREDIT.

  (a) In General.--A participant may, subject to the provisions 
of this section, include in the participant's period of 
service--
          (1) civilian service in the Government before 
        becoming a participant that would be creditable toward 
        retirement under subchapter III of chapter 83 of title 
        5, United States Code (as determined under section 
        8332(b) of such title); and
          (2) honorable active service in the Armed Forces 
        before the date of the separation upon which 
        eligibility for an annuity is based, or honorable 
        active service in the Regular or Reserve Corps of the 
        Public Health Service after June 30, 1960, or as a 
        commissioned officer of the National Oceanic and 
        Atmospheric Administration after June 30, 1961.
  (b) Limitations.--
          (1) In general.--Except as provided in paragraphs (2) 
        and (3), the total service of any participant shall 
        exclude--
                  (A) any period of civilian service on or 
                after October 1, 1982, for which retirement 
                deductions or deposits have not been made,
                  (B) any period of service for which a refund 
                of contributions has been made, or
                  (C) any period of service for which 
                contributions were not transferred pursuant to 
                subsection (c)(1);
        unless the participant makes a deposit to the fund in 
        an amount equal to the percentages of basic pay 
        received for such service as specified in the table 
        contained in section 8334(c) of title 5, United States 
        Code, together with interest computed in accordance 
        with section 8334(e) of such title. The deposit may be 
        made in one or more installments (including by 
        allotment from pay), as determined by the Director.
          (2) Effect of retirement deductions not made.--If a 
        participant has not paid a deposit for civilian service 
        performed before October 1, 1982, for which retirement 
        deductions were not made, such participant's annuity 
        shall be reduced by 10 percent of the deposit described 
        in paragraph (1) remaining unpaid, unless the 
        participant elects to eliminate the service involved 
        for the purpose of the annuity computation.
          (3) Effect of refund of retirement contributions.--A 
        participant who received a refund of retirement 
        contributions under this or any other retirement system 
        for Government employees covering service for which the 
        participant may be allowed credit under this title may 
        deposit the amount received, with interest computed 
        under paragraph (1). Credit may not be allowed for the 
        service covered by the refund until the deposit is 
        made, except that a participant who--
                  (A) separated from Government service before 
                [October 1, 1990] March 31, 1991, and received 
                a refund of the participant's retirement 
                contributions covering a period of service 
                ending before [October 1, 1990] March 31, 1991;
                  (B) is entitled to an annuity under this 
                title (other than a disability annuity) which 
                commences after December 1, 1992; and
                  (C) does not make the deposit required to 
                receive credit for the service covered by the 
                refund;
        shall be entitled to an annuity actuarially reduced in 
        accordance with section 8334(d)(2)(B) of title 5, 
        United States Code.
          (4) Entitlement under another system.--Credit toward 
        retirement under the system shall not be allowed for 
        any period of civilian service on the basis of which 
        the participant is receiving (or will in the future be 
        entitled to receive) an annuity under another 
        retirement system for Government employees, unless the 
        right to such annuity is waived and a deposit is made 
        under paragraph (1) covering that period of service, or 
        a transfer is made pursuant to subsection (c).
  (c) Transfer From Other Government Retirement Systems.--
          (1) In general.--If an employee who is under another 
        retirement system for Government employees becomes a 
        participant in the system by direct transfer, the 
        Government's contributions (including interest accrued 
        thereon computed in accordance with section 8334(e) of 
        title 5, United States Code) under such retirement 
        system on behalf of the employee as well as such 
        employee's total contributions and deposits (including 
        interest accrued thereon), except voluntary 
        contributions, shall be transferred to the employee's 
        credit in the fund effective as of the date such 
        employee becomes a participant in the system.
          (2) Consent of employee.--Each such employee shall be 
        deemed to consent to the transfer of such funds, and 
        such transfer shall be a complete discharge and 
        acquittance of all claims and demands against the other 
        Government retirement fund on account of service 
        rendered before becoming a participant in the system.
          (3) Additional contributions; refunds.--A participant 
        whose contributions are transferred pursuant to 
        paragraph (1) shall not be required to make additional 
        contributions for periods of service for which full 
        contributions were made to the other Government 
        retirement fund, nor shall any refund be made to any 
        such participant on account of contributions made 
        during any period to the other Government retirement 
        fund at a higher rate than that fixed for employees by 
        section 8334(c) of title 5, United States Code, for 
        contributions to the fund.
  (d) Transfer to Other Government Retirement Systems.--
          (1) In general.--If a participant in the system 
        becomes an employee under another Government retirement 
        system by direct transfer to employment covered by such 
        system, the Government's contributions (including 
        interest accrued thereon computed in accordance with 
        section 8334(e) of title 5, United States Code) to the 
        fund on the participant's behalf as well as the 
        participant's total contributions and deposits 
        (including interest accrued thereon), except voluntary 
        contributions, shall be transferred to the 
        participant's credit in the fund of such other 
        retirement system effective as of the date on which the 
        participant becomes eligible to participate in such 
        other retirement system.
          (2) Consent of employee.--Each such employee shall be 
        deemed to consent to the transfer of such funds, and 
        such transfer shall be a complete discharge and 
        acquittance of all claims and demands against the fund 
        on account of service rendered before the participant's 
        becoming eligible for participation in that other 
        system.
  (e) Prior Military Service Credit.--
          (1) Application to obtain credit.--If a deposit 
        required to obtain credit for prior military service 
        described in subsection (a)(2) was not made to another 
        Government retirement fund and transferred under 
        subsection (c)(1), the participant may obtain credit 
        for such military service, subject to the provisions of 
        this subsection and subsections (f) through (h), by 
        applying for it to the Director before retirement or 
        separation from the Agency.
          (2) Employment starting before, on, or after october 
        1, 1982.--Except as provided in paragraph (3)--
                  (A) the service of a participant who first 
                became a Federal employee before October 1, 
                1982, shall include credit for each period of 
                military service performed before the date of 
                separation on which entitlement to an annuity 
                under this title is based, subject to section 
                252(f); and
                  (B) the service of a participant who first 
                becomes a Federal employee on or after October 
                1, 1982, shall include credit for--
                          (i) each period of military service 
                        performed before January 1, 1957, and
                          (ii) each period of military service 
                        performed after December 31, 1956, and 
                        before the separation on which 
                        entitlement to an annuity under this 
                        title is based, only if a deposit (with 
                        interest, if any) is made with respect 
                        to that period, as provided in 
                        subsection (h).
          (3) Effect of receipt of military retired pay.--In 
        the case of a participant who is entitled to retired 
        pay based on a period of military service, the 
        participant's service may not include credit for such 
        period of military service unless the retired pay is 
        paid--
                  (A) on account of a service-connected 
                disability--
                          (i) incurred in combat with an enemy 
                        of the United States; or
                          (ii) caused by an instrumentality of 
                        war and incurred in the line of duty 
                        during a period of war (as defined in 
                        section 1101 of title 38, United States 
                        Code); or
                  (B) under chapter 67 of title 10, United 
                States Code.
          (4) Survivor annuity.--Notwithstanding paragraph (3), 
        the survivor annuity of a survivor of a participant--
                  (A) who was awarded retired pay based on any 
                period of military service, and
                  (B) whose death occurs before separation from 
                the Agency,
        shall be computed in accordance with section 8332(c)(3) 
        of title 5, United States Code.
  (f) Effect of Entitlement to Social Security Benefits.--
          (1) In general.--Notwithstanding any other provision 
        of this section (except paragraph (3) of this 
        subsection) or section 253, any military service (other 
        than military service covered by military leave with 
        pay from a civilian position) performed by a 
        participant after December 1956 shall be excluded in 
        determining the aggregate period of service on which an 
        annuity payable under this title to such participant or 
        to the participant's spouse, former spouse, previous 
        spouse, or child is based, if such participant, spouse, 
        former spouse, previous spouse, or child is entitled 
        (or would upon proper application be entitled), at the 
        time of such determination, to monthly old-age or 
        survivors' insurance benefits under section 202 of the 
        Social Security Act (42 U.S.C. 402), based on such 
        participant's wages and self-employment income. If the 
        military service is not excluded under the preceding 
        sentence, but upon attaining age 62, the participant or 
        spouse, former spouse, or previous spouse becomes 
        entitled (or would upon proper application be entitled) 
        to such benefits, the aggregate period of service on 
        which the annuity is based shall be redetermined, 
        effective as of the first day of the month in which the 
        participant or spouse, former spouse, or previous 
        spouse attains age 62, so as to exclude such service.
          (2) Limitation.--The provisions of paragraph (1) 
        relating to credit for military service do not apply 
        to--
                  (A) any period of military service of a 
                participant with respect to which the 
                participant has made a deposit with interest, 
                if any, under subsection (h); or
                  (B) the military service of any participant 
                described in subsection (e)(2)(B).
          (3) Effect of entitlement before september 8, 1982.--
        (A) The annuity recomputation required by paragraph (1) 
        shall not apply to any participant who was entitled to 
        an annuity under this title on or before September 8, 
        1982, or who is entitled to a deferred annuity based on 
        separation from the Agency occurring on or before such 
        date. Instead of an annuity recomputation, the annuity 
        of such participant shall be reduced at age 62 by an 
        amount equal to a fraction of the participant's old-age 
        or survivors' insurance benefits under section 202 of 
        the Social Security Act. The reduction shall be 
        determined by multiplying the participant's monthly 
        Social Security benefit by a fraction, the numerator of 
        which is the participant's total military wages and 
        deemed additional wages (within the meaning of section 
        229 of the Social Security Act (42 U.S.C. 429)) that 
        were subject to Social Security deductions and the 
        denominator of which is the total of all the 
        participant's wages, including military wages, and all 
        self-employment income that were subject to Social 
        Security deductions before the calendar year in which 
        the determination month occurs.
          (B) The reduction determined in accordance with 
        subparagraph (A) shall not be greater than the 
        reduction that would be required under paragraph (1) if 
        such paragraph applied to the participant. The new 
        formula shall be applicable to any annuity payment 
        payable after October 1, 1982, including annuity 
        payments to participants who had previously reached age 
        62 and whose annuities had already been recomputed.
          (C) For purposes of this paragraph, the term 
        ``determination month'' means--
                  (i) the first month for which the participant 
                is entitled to old-age or survivors' insurance 
                benefits (or would be entitled to such benefits 
                upon application therefor); or
                  (ii) October 1982, in the case of any 
                participant entitled to such benefits for that 
                month.
  (g) Deposits Paid by Survivors.--For the purpose of survivor 
annuities, deposits authorized by subsections (b) and (h) may 
also be made by the survivor of a participant.
  (h)(1)(A) Each participant who has performed military service 
before the date of separation on which entitlement to an 
annuity under this title is based may pay to the Agency an 
amount equal to 7 percent of the amount of basic pay paid under 
section 204 of title 37, United States Code, to the participant 
for each period of military service after December 1956; 
except, the amount to be paid for military service performed 
beginning on January 1, 1999, through December 31, 2000, shall 
be as follows:


                                7.25 percent of basic   January 1, 1999, to December 31, 1999.
                                 pay.
                                7.4 percent of basic    January 1, 2000, to December 31, 2000.
                                 pay.
 

  (B) The amount of such payments shall be based on such 
evidence of basic pay for military service as the participant 
may provide or, if the Director determines sufficient evidence 
has not been provided to adequately determine basic pay for 
military service, such payment shall be based upon estimates of 
such basic pay provided to the Director under paragraph (4).
          (2) Any deposit made under paragraph (1) more than 
        two years after the later of--
                  (A) October 1, 1983, or
                  (B) the date on which the participant making 
                the deposit first becomes an employee of the 
                Federal Government,
        shall include interest on such amount computed and 
        compounded annually beginning on the date of expiration 
        of the two-year period. The interest rate that is 
        applicable in computing interest in any year under this 
        paragraph shall be equal to the interest rate that is 
        applicable for such year under section 8334(e) of title 
        5, United States Code.
          (3) Any payment received by the Director under this 
        subsection shall be deposited in the Treasury of the 
        United States to the credit of the fund.
          (4) The provisions of section [221(k)] 221(l) shall 
        apply with respect to such information as the Director 
        determines to be necessary for the administration of 
        this subsection in the same manner that such section 
        applies concerning information described in that 
        section.

           *       *       *       *       *       *       *


 Part H--Retired Participants Recalled, Reinstated, or Reappointed in 
the Agency or Reemployed in the Government

           *       *       *       *       *       *       *


SEC. 273. REEMPLOYMENT COMPENSATION.

  (a) Deduction From Basic Pay.--An annuitant who has retired 
under this title and who is reemployed in the Federal 
Government service in any appointive position (either on a 
part-time or full-time basis) shall be entitled to receive the 
annuity payable under this title, but there shall be deducted 
from the annuitant's basic pay a sum equal to the annuity 
allocable to the period of actual employment.
  (b) Part-Time Reemployed Annuitants.--The Director shall have 
the authority to reemploy an annuitant on a part-time basis in 
accordance with section 8344(l) of title 5, United States Code.
  [(b)] (c) Recovery of Overpayments.--In the event of an 
overpayment under this section, the amount of the overpayment 
shall be recovered by withholding the amount involved from the 
basic pay payable to such reemployed annuitant or from any 
other moneys, including the annuitant's annuity, payable in 
accordance with this title.
  [(c)] (d) Deposit in the Fund.--Sums deducted from the basic 
pay of a reemployed annuitant under this section shall be 
deposited in the Treasury of the United States to the credit of 
the fund.

           *       *       *       *       *       *       *

                              ----------                              


                CENTRAL INTELLIGENCE AGENCY ACT OF 1949



           *       *       *       *       *       *       *
                          general authorities

  Sec. 5. (a) In General.--In the performance of its functions, 
the Central Intelligence Agency is authorized to--
  (1) Transfer to and receive from other Government agencies 
such sums as may be approved by the Office of Management and 
Budget, for the performance of any of the functions or 
activities authorized under section 104A of the National 
Security Act of 1947 [(50 U.S.C. 403-4a).,] (50 U.S.C. 403-4a), 
and any other Government agency is authorized to transfer to or 
receive from the Agency such sums without regard to any 
provisions of law limiting or prohibiting transfers between 
appropriations. Sums transferred to the Agency in accordance 
with this paragraph may be expended for the purposes and under 
the authority of this Act without regard to limitations of 
appropriations from which transferred;
  (2) Exchange funds without regard to section 3651 Revised 
Statutes (31 U.S.C. 543);
  (3) Reimburse other Government agencies for services of 
personnel assigned to the Agency, and such other Government 
agencies are hereby authorized, without regard to provisions of 
law to the contrary, so to assign or detail any officer or 
employee for duty with the Agency;
  (4) Authorize personnel designated by the Director to carry 
firearms to the extent necessary for the performance of the 
Agency's authorized functions, except that, within the United 
States, such authority shall be limited to the purposes of 
protection of classified materials and information, the 
training of Agency personnel and other authorized persons in 
the use of firearms, the protection of Agency installations and 
property, the protection of current and former Agency personnel 
and their immediate families, defectors and their immediate 
families, and other persons in the United States under Agency 
auspices, and the protection of the Director of National 
Intelligence and [such personnel of the Office of the Director 
of National Intelligence as the Director of National 
Intelligence may designate;] current and former personnel of 
the Office of the Director of National Intelligence and their 
immediate families as the Director of National Intelligence may 
designate;
  (5) Make alterations, improvements, and repairs on premises 
rented by the Agency, and pay rent therefor;
  (6) Determine and fix the minimum and maximum limits of age 
within which an original appointment may be made to an 
operational position within the Agency, notwithstanding the 
provision of any other law, in accordance with such criteria as 
the Director, in his discretion, may prescribe; [and]
          (7) Notwithstanding section 1341(a)(1) of title 31, 
        United States Code, enter into multiyear leases for up 
        to 15 years[.]; and
          (8) Upon the approval of the Director, provide, 
        during any fiscal year, with or without reimbursement, 
        subsistence to any personnel assigned to an overseas 
        location designated by the Agency as an austere 
        location.
  (b) Scope of Authority for Expenditure.--(1) The authority to 
enter into a multiyear lease under subsection (a)(7) shall be 
subject to appropriations provided in advance for--
          (A) the entire lease; or
          (B) the first 12 months of the lease and the 
        Government's estimated termination liability.
  (2) In the case of any such lease entered into under 
subparagraph (B) of paragraph (1)--
          (A) such lease shall include a clause that provides 
        that the contract shall be terminated if budget 
        authority (as defined by section 3(2) of the 
        Congressional Budget and Impoundment Control Act of 
        1974 (2 U.S.C. 622(2))) is not provided specifically 
        for that project in an appropriations Act in advance of 
        an obligation of funds in respect thereto;
          (B) notwithstanding section 1552 of title 31, United 
        States Code, amounts obligated for paying termination 
        costs with respect to such lease shall remain available 
        until the costs associated with termination of such 
        lease are paid;
          (C) funds available for termination liability shall 
        remain available to satisfy rental obligations with 
        respect to such lease in subsequent fiscal years in the 
        event such lease is not terminated early, but only to 
        the extent those funds are in excess of the amount of 
        termination liability at the time of their use to 
        satisfy such rental obligations; and
          (D) funds appropriated for a fiscal year may be used 
        to make payments on such lease, for a maximum of 12 
        months, beginning any time during such fiscal year.
  (c) Transfers for Acquisition of Land.--(1) Sums appropriated 
or otherwise made available to the Agency for the acquisition 
of land that are transferred to another department or agency 
for that purpose shall remain available for 3 years.
  (2) The Director shall submit to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee 
on Intelligence of the House of Representatives a report on the 
transfer of sums described in paragraph (1) each time that 
authority is exercised.

           *       *       *       *       *       *       *


           retirement equity for spouses of certain employees

  Sec. 14. (a) The provisions of sections 102, 221(b) (1)-(3), 
221(f), 221(g), [221(h)(2), 221(i), 221(l),] 221(i)(2), 221(j), 
221(m), 222, 223, 224, 225, 232(b), 241(b), 241(d), and 264(b) 
of the Central Intelligence Agency Retirement Act (50 U.S.C. 
403 note) establishing certain requirements, limitations, 
rights, entitlements, and benefits relating to retirement 
annuities, survivor benefits, and lump-sum payments for a 
spouse or former spouse of an Agency employee who is a 
participant in the Central Intelligence Agency Retirement and 
Disability System shall apply in the same manner and to the 
same extent in the case of an Agency employee who is a 
participant in the Civil Service Retirement and Disability 
System.
  (b) The Director of the Office of Personnel Management, in 
consultation with the Director of the Central Intelligence 
Agency, shall prescribe such regulations as may be necessary to 
implement the provisions of this section.

           *       *       *       *       *       *       *


SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON OF 
                    WAR, INSURGENCY, HOSTILE ACT, OR TERRORIST 
                    ACTIVITIES.

  (a) Adjustment of Compensation for Certain Injuries.--
          (1) Increase.--The Director of the Central 
        Intelligence Agency may increase the amount of monthly 
        compensation paid to a covered employee under section 
        8105 of title 5, United States Code. Subject to 
        paragraph (2), the Director may determine the amount of 
        each such increase by taking into account--
                  (A) the severity of the qualifying injury;
                  (B) the circumstances by which the covered 
                employee became injured; and
                  (C) the seniority of the covered employee.
  (2) Maximum.--Notwithstanding chapter 81 of title 5, United 
States Code, the total amount of monthly compensation increased 
under paragraph (1) may not exceed the monthly pay of the 
maximum rate of basic pay for GS-15 of the General Schedule 
under section 5332 of title 5, United States Code.
  (b) Costs for Treating Qualifying Injuries.--The Director may 
pay the costs of treating a qualifying injury of a covered 
employee, a covered individual, or a covered dependent, or may 
reimburse a covered employee, a covered individual, or a 
covered dependent for such costs, that are not otherwise 
covered by chapter 81 of title 5, United States Code, or other 
provision of Federal law.
  (c) Treatment of Amounts.--For purposes of section 104 of the 
Internal Revenue Code of 1986, amounts paid pursuant to this 
section shall be treated as amounts paid under chapter 81 of 
title 5, United States Code.
  (d) Definitions.--In this section:
          (1) Covered dependent.--The term ``covered 
        dependent'' means a family member of a covered employee 
        who, on or after September 11, 2001--
                  (A) accompanies the covered employee to an 
                assigned duty station in a foreign country; and
                  (B) becomes injured by reason of a qualifying 
                injury.
          (2) Covered employee.--The term ``covered employee'' 
        means an officer or employee of the Central 
        Intelligence Agency who, on or after September 11, 
        2001, becomes injured by reason of a qualifying injury.
          (3) Covered individual.--The term ``covered 
        individual'' means an individual who--
                  (A)(i) is detailed to the Central 
                Intelligence Agency from other agencies of the 
                United States Government or from the Armed 
                Forces; or
                  (ii) is affiliated with the Central 
                Intelligence Agency, as determined by the 
                Director; and
                  (B) who, on or after September 11, 2001, 
                becomes injured by reason of a qualifying 
                injury.
          (4) Qualifying injury.--The term ``qualifying 
        injury'' means the following:
                  (A) With respect to a covered dependent, an 
                injury incurred--
                          (i) during war, insurgency, hostile 
                        act, or terrorist activities occurring 
                        during a period in which the covered 
                        dependent is accompanying the covered 
                        employee to an assigned duty station in 
                        a foreign country; and
                          (ii) that was not the result of the 
                        willful misconduct of the covered 
                        dependent.
                  (B) With respect to a covered employee or a 
                covered individual, an injury incurred--
                          (i) during war, insurgency, hostile 
                        act, or terrorist activities occurring 
                        during a period of assignment to a duty 
                        station in a foreign country; and
                          (ii) that was not the result of the 
                        willful misconduct of the covered 
                        employee or the covered individual.

           *       *       *       *       *       *       *

                              ----------                              


        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004



           *       *       *       *       *       *       *
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

           *       *       *       *       *       *       *


SEC. 1016. INFORMATION SHARING.

  (a) Definitions.--In this section:
          (1) Homeland security information.--The term 
        ``homeland security information'' has the meaning given 
        that term in section 892(f) of the Homeland Security 
        Act of 2002 (6 U.S.C. 482(f)).
          (2) Information sharing council.--The term 
        ``Information Sharing Council'' means the Information 
        Systems Council established by Executive Order 13356, 
        or any successor body designated by the President, and 
        referred to under subsection (g).
          (3) Information sharing environment.--The terms 
        ``information sharing environment'' and ``ISE'' mean an 
        approach that facilitates the sharing of terrorism and 
        homeland security information, which may include any 
        method determined necessary and appropriate for 
        carrying out this section.
          (4) Program manager.--The term ``program manager'' 
        means the program manager designated under subsection 
        (f).
          (5) Terrorism information.--The term ``terrorism 
        information''--
                  (A) means all information, whether collected, 
                produced, or distributed by intelligence, law 
                enforcement, military, homeland security, or 
                other activities relating to--
                          (i) the existence, organization, 
                        capabilities, plans, intentions, 
                        vulnerabilities, means of finance or 
                        material support, or activities of 
                        foreign or international terrorist 
                        groups or individuals, or of domestic 
                        groups or individuals involved in 
                        transnational terrorism;
                          (ii) threats posed by such groups or 
                        individuals to the United States, 
                        United States persons, or United States 
                        interests, or to those of other 
                        nations;
                          (iii) communications of or by such 
                        groups or individuals; or
                          (iv) groups or individuals reasonably 
                        believed to be assisting or associated 
                        with such groups or individuals; and
                  (B) includes weapons of mass destruction 
                information.
          (6) Weapons of mass destruction information.--The 
        term ``weapons of mass destruction information'' means 
        information that could reasonably be expected to assist 
        in the development, proliferation, or use of a weapon 
        of mass destruction (including a chemical, biological, 
        radiological, or nuclear weapon) that could be used by 
        a terrorist or a terrorist organization against the 
        United States, including information about the location 
        of any stockpile of nuclear materials that could be 
        exploited for use in such a weapon that could be used 
        by a terrorist or a terrorist organization against the 
        United States.
  (b) Information Sharing Environment.--
          (1) Establishment.--The [President] Director of 
        National Intelligence shall--
                  (A) create an information sharing environment 
                for the sharing of terrorism information in a 
                manner consistent with national security and 
                with applicable legal standards relating to 
                privacy and civil liberties;
                  (B) designate the organizational and 
                management structures that will be used to 
                operate and manage the ISE; and
                  (C) determine and enforce the policies, 
                directives, and rules that will govern the 
                content and usage of the ISE.
          (2) Attributes.--The [President] Director of National 
        Intelligence shall, through the structures described in 
        subparagraphs (B) and (C) of paragraph (1), ensure that 
        the ISE provides and facilitates the means for sharing 
        terrorism information among all appropriate Federal, 
        State, local, and tribal entities, and the private 
        sector through the use of policy guidelines and 
        technologies. The [President] Director of National 
        Intelligence shall, to the greatest extent practicable, 
        ensure that the ISE provides the functional equivalent 
        of, or otherwise supports, a decentralized, 
        distributed, and coordinated environment that--
                  (A) connects existing systems, where 
                appropriate, provides no single points of 
                failure, and allows users to share information 
                among agencies, between levels of government, 
                and, as appropriate, with the private sector;
                  (B) ensures direct and continuous online 
                electronic access to information;
                  (C) facilitates the availability of 
                information in a form and manner that 
                facilitates its use in analysis, investigations 
                and operations;
                  (D) builds upon existing systems capabilities 
                currently in use across the Government;
                  (E) employs an information access management 
                approach that controls access to data rather 
                than just systems and networks, without 
                sacrificing security;
                  (F) facilitates the sharing of information at 
                and across all levels of security;
                  (G) provides directory services, or the 
                functional equivalent, for locating people and 
                information;
                  (H) incorporates protections for individuals' 
                privacy and civil liberties;
                  (I) incorporates strong mechanisms to enhance 
                accountability and facilitate oversight, 
                including audits, authentication, and access 
                controls;
                  (J) integrates the information within the 
                scope of the information sharing environment, 
                including any such information in legacy 
                technologies;
                  (K) integrates technologies, including all 
                legacy technologies, through Internet-based 
                services, consistent with appropriate security 
                protocols and safeguards, to enable 
                connectivity among required users at the 
                Federal, State, and local levels;
                  (L) allows the full range of analytic and 
                operational activities without the need to 
                centralize information within the scope of the 
                information sharing environment;
                  (M) permits analysts to collaborate both 
                independently and in a group (commonly known as 
                ``collective and noncollective 
                collaboration''), and across multiple levels of 
                national security information and controlled 
                unclassified information;
                  (N) provides a resolution process that 
                enables changes by authorized officials 
                regarding rules and policies for the access, 
                use, and retention of information within the 
                scope of the information sharing environment; 
                and
                  (O) incorporates continuous, real-time, and 
                immutable audit capabilities, to the maximum 
                extent practicable.
  (c) Preliminary Report.--Not later than 180 days after the 
date of the enactment of this Act, the program manager shall, 
in consultation with the Information Sharing Council--
          (1) submit to the President and Congress a 
        description of the technological, legal, and policy 
        issues presented by the creation of the ISE, and the 
        way in which these issues will be addressed;
          (2) establish an initial capability to provide 
        electronic directory services, or the functional 
        equivalent, to assist in locating in the Federal 
        Government intelligence and terrorism information and 
        people with relevant knowledge about intelligence and 
        terrorism information; and
          (3) conduct a review of relevant current Federal 
        agency capabilities, databases, and systems for sharing 
        information.
  (d) Guidelines and Requirements.--As soon as possible, but in 
no event later than 270 days after the date of the enactment of 
this Act, the President shall--
          (1) leverage all ongoing efforts consistent with 
        establishing the ISE and issue guidelines for 
        acquiring, accessing, sharing, and using information, 
        including guidelines to ensure that information is 
        provided in its most shareable form, such as by using 
        tearlines to separate out data from the sources and 
        methods by which the data are obtained;
          (2) in consultation with the Privacy and Civil 
        Liberties Oversight Board established under section 
        1061, issue guidelines that--
                  (A) protect privacy and civil liberties in 
                the development and use of the ISE; and
                  (B) shall be made public, unless 
                nondisclosure is clearly necessary to protect 
                national security; and
          (3) require the heads of Federal departments and 
        agencies to promote a culture of information sharing 
        by--
                  (A) reducing disincentives to information 
                sharing, including over-classification of 
                information and unnecessary requirements for 
                originator approval, consistent with applicable 
                laws and regulations; and
                  (B) providing affirmative incentives for 
                information sharing.
  (e) Implementation Plan Report.--Not later than one year 
after the date of the enactment of this Act, the President 
shall, with the assistance of the program manager, submit to 
Congress a report containing an implementation plan for the 
ISE. The report shall include the following:
          (1) A description of the functions, capabilities, 
        resources, and conceptual design of the ISE, including 
        standards.
          (2) A description of the impact on enterprise 
        architectures of participating agencies.
          (3) A budget estimate that identifies the incremental 
        costs associated with designing, testing, integrating, 
        deploying, and operating the ISE.
          (4) A project plan for designing, testing, 
        integrating, deploying, and operating the ISE.
          (5) The policies and directives referred to in 
        subsection (b)(1)(C), as well as the metrics and 
        enforcement mechanisms that will be utilized.
          (6) Objective, systemwide performance measures to 
        enable the assessment of progress toward achieving the 
        full implementation of the ISE.
          (7) A description of the training requirements needed 
        to ensure that the ISE will be adequately implemented 
        and properly utilized.
          (8) A description of the means by which privacy and 
        civil liberties will be protected in the design and 
        operation of the ISE.
          (9) The recommendations of the program manager, in 
        consultation with the Information Sharing Council, 
        regarding whether, and under what conditions, the ISE 
        should be expanded to include other intelligence 
        information.
          (10) A delineation of the roles of the Federal 
        departments and agencies that will participate in the 
        ISE, including an identification of the agencies that 
        will deliver the infrastructure needed to operate and 
        manage the ISE (as distinct from individual department 
        or agency components that are part of the ISE), with 
        such delineation of roles to be consistent with--
                  (A) the authority of the Director of National 
                Intelligence under this title, and the 
                amendments made by this title, to set standards 
                for information sharing throughout the 
                intelligence community; and
                  (B) the authority of the Secretary of 
                Homeland Security and the Attorney General, and 
                the role of the Department of Homeland Security 
                and the Department of Justice, in coordinating 
                with State, local, and tribal officials and the 
                private sector.
          (11) The recommendations of the program manager, in 
        consultation with the Information Sharing Council, for 
        a future management structure for the ISE, including 
        whether the position of program manager should continue 
        to remain in existence.
  (f) Program Manager.--
          (1) Designation.--Not later than 120 days after the 
        date of the enactment of this Act, with notification to 
        Congress, the President shall designate an individual 
        as the program manager responsible for information 
        sharing across the Federal Government. [The individual 
        designated as the program manager shall serve as 
        program manager until removed from service or replaced 
        by the President (at the President's sole discretion).] 
        Beginning on the date of the enactment of the 
        Intelligence Authorization Act for Fiscal Year 2018, 
        each individual designated as the program manager shall 
        be appointed by the Director of National Intelligence. 
        The program manager, in consultation with the head of 
        any affected department or agency, shall have and 
        exercise governmentwide authority over the sharing of 
        information within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, by all Federal departments, agencies, and 
        components, irrespective of the Federal department, 
        agency, or component in which the program manager may 
        be administratively located, except as otherwise 
        expressly provided by law.
          (2) Duties and responsibilities.--
                  (A) In general.--The program manager shall, 
                in consultation with the Information Sharing 
                Council--
                          (i) plan for and oversee the 
                        implementation of, and manage, the ISE;
                          (ii) assist in the development of 
                        policies, as appropriate, to foster the 
                        development and proper operation of the 
                        ISE;
                          (iii) consistent with the direction 
                        and policies issued by the President, 
                        the Director of National Intelligence, 
                        and the Director of the Office of 
                        Management and Budget, issue 
                        governmentwide procedures, guidelines, 
                        instructions, and functional standards, 
                        as appropriate, for the management, 
                        development, and proper operation of 
                        the ISE;
                          (iv) identify and resolve information 
                        sharing disputes between Federal 
                        departments, agencies, and components; 
                        and
                          (v) assist, monitor, and assess the 
                        implementation of the ISE by Federal 
                        departments and agencies to ensure 
                        adequate progress, technological 
                        consistency and policy compliance; and 
                        regularly report the findings to 
                        Congress.
                  (B) Content of policies, procedures, 
                guidelines, rules, and standards.--The 
                policies, procedures, guidelines, rules, and 
                standards under subparagraph (A)(ii) shall--
                          (i) take into account the varying 
                        missions and security requirements of 
                        agencies participating in the ISE;
                          (ii) address development, 
                        implementation, and oversight of 
                        technical standards and requirements;
                          (iii) take into account ongoing and 
                        planned efforts that support 
                        development, implementation and 
                        management of the ISE;
                          (iv) address and facilitate 
                        information sharing between and among 
                        departments and agencies of the 
                        intelligence community, the Department 
                        of Defense, the homeland security 
                        community and the law enforcement 
                        community;
                          (v) address and facilitate 
                        information sharing between Federal 
                        departments and agencies and State, 
                        tribal, and local governments;
                          (vi) address and facilitate, as 
                        appropriate, information sharing 
                        between Federal departments and 
                        agencies and the private sector;
                          (vii) address and facilitate, as 
                        appropriate, information sharing 
                        between Federal departments and 
                        agencies with foreign partners and 
                        allies; and
                          (viii) ensure the protection of 
                        privacy and civil liberties.
  (g) Information Sharing Council.--
          (1) Establishment.--There is established an 
        Information Sharing Council that shall assist the 
        President and the program manager in their duties under 
        this section. The Information Sharing Council shall 
        serve until removed from service or replaced by the 
        President (at the sole discretion of the President) 
        with a successor body.
          (2) Specific duties.--In assisting the President and 
        the program manager in their duties under this section, 
        the Information Sharing Council shall--
                  (A) advise the President and the program 
                manager in developing policies, procedures, 
                guidelines, roles, and standards necessary to 
                establish, implement, and maintain the ISE;
                  (B) work to ensure coordination among the 
                Federal departments and agencies participating 
                in the ISE in the establishment, 
                implementation, and maintenance of the ISE;
                  (C) identify and, as appropriate, recommend 
                the consolidation and elimination of current 
                programs, systems, and processes used by 
                Federal departments and agencies to share 
                information, and recommend, as appropriate, the 
                redirection of existing resources to support 
                the ISE;
                  (D) identify gaps, if any, between existing 
                technologies, programs and systems used by 
                Federal departments and agencies to share 
                information and the parameters of the proposed 
                information sharing environment;
                  (E) recommend solutions to address any gaps 
                identified under subparagraph (D);
                  (F) recommend means by which the ISE can be 
                extended to allow interchange of information 
                between Federal departments and agencies and 
                appropriate authorities of State and local 
                governments;
                  (G) assist the program manager in identifying 
                and resolving information sharing disputes 
                between Federal departments, agencies, and 
                components;
                  (H) identify appropriate personnel for 
                assignment to the program manager to support 
                staffing needs identified by the program 
                manager; and
                  (I) recommend whether or not, and by which 
                means, the ISE should be expanded so as to 
                allow future expansion encompassing other 
                relevant categories of information.
          (3) Consultation.--In performing its duties, the 
        Information Sharing Council shall consider input from 
        persons and entities outside the Federal Government 
        having significant experience and expertise in policy, 
        technical matters, and operational matters relating to 
        the ISE.
          (4) Inapplicability of federal advisory committee 
        act.--The Information Sharing Council (including any 
        subsidiary group of the Information Sharing Council) 
        shall not be subject to the requirements of the Federal 
        Advisory Committee Act (5 U.S.C. App.).
          (5) Detailees.--Upon a request by the Director of 
        National Intelligence, the departments and agencies 
        represented on the Information Sharing Council shall 
        detail to the program manager, on a reimbursable basis, 
        appropriate personnel identified under paragraph 
        (2)(H).
  (h) Performance Management Reports.--
          (1) In general.--Not later than two years after the 
        date of the enactment of this Act, and not later than 
        June 30 of each year thereafter, the President shall 
        submit to Congress a report on the state of the ISE and 
        of information sharing across the Federal Government.
          (2) Content.--Each report under this subsection shall 
        include--
                  (A) a progress report on the extent to which 
                the ISE has been implemented, including how the 
                ISE has fared on the performance measures and 
                whether the performance goals set in the 
                preceding year have been met;
                  (B) objective system-wide performance goals 
                for the following year;
                  (C) an accounting of how much was spent on 
                the ISE in the preceding year;
                  (D) actions taken to ensure that procurement 
                of and investments in systems and technology 
                are consistent with the implementation plan for 
                the ISE;
                  (E) the extent to which all terrorism watch 
                lists are available for combined searching in 
                real time through the ISE and whether there are 
                consistent standards for placing individuals 
                on, and removing individuals from, the watch 
                lists, including the availability of processes 
                for correcting errors;
                  (F) the extent to which State, tribal, and 
                local officials are participating in the ISE;
                  (G) the extent to which private sector data, 
                including information from owners and operators 
                of critical infrastructure, is incorporated in 
                the ISE, and the extent to which individuals 
                and entities outside the government are 
                receiving information through the ISE;
                  (H) the measures taken by the Federal 
                government to ensure the accuracy of 
                information in the ISE, in particular the 
                accuracy of information about individuals;
                  (I) an assessment of the privacy and civil 
                liberties protections of the ISE, including 
                actions taken in the preceding year to 
                implement or enforce privacy and civil 
                liberties protections; and
                  (J) an assessment of the security protections 
                used in the ISE.
  (i) Agency Responsibilities.--The head of each department or 
agency that possesses or uses intelligence or terrorism 
information, operates a system in the ISE, or otherwise 
participates (or expects to participate) in the ISE shall--
          (1) ensure full department or agency compliance with 
        information sharing policies, procedures, guidelines, 
        rules, and standards established under subsections (b) 
        and (f);
          (2) ensure the provision of adequate resources for 
        systems and activities supporting operation of and 
        participation in the ISE;
          (3) ensure full department or agency cooperation in 
        the development of the ISE to implement governmentwide 
        information sharing; and
          (4) submit, at the request of the President or the 
        program manager, any reports on the implementation of 
        the requirements of the ISE within such department or 
        agency.
  (j) Report on the Information Sharing Environment.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007, the President shall 
        report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Select 
        Committee on Intelligence of the Senate, the Committee 
        on Homeland Security of the House of Representatives, 
        and the Permanent Select Committee on Intelligence of 
        the House of Representatives on the feasibility of--
                  (A) eliminating the use of any marking or 
                process (including ``Originator Control'') 
                intended to, or having the effect of, 
                restricting the sharing of information within 
                the scope of the information sharing 
                environment, including homeland security 
                information, terrorism information, and weapons 
                of mass destruction information, between and 
                among participants in the information sharing 
                environment, unless the President has--
                          (i) specifically exempted categories 
                        of information from such elimination; 
                        and
                          (ii) reported that exemption to the 
                        committees of Congress described in the 
                        matter preceding this subparagraph; and
                  (B) continuing to use Federal agency 
                standards in effect on such date of enactment 
                for the collection, sharing, and access to 
                information within the scope of the information 
                sharing environment, including homeland 
                security information, terrorism information, 
                and weapons of mass destruction information, 
                relating to citizens and lawful permanent 
                residents;
                  (C) replacing the standards described in 
                subparagraph (B) with a standard that would 
                allow mission-based or threat-based permission 
                to access or share information within the scope 
                of the information sharing environment, 
                including homeland security information, 
                terrorism information, and weapons of mass 
                destruction information, for a particular 
                purpose that the Federal Government, through an 
                appropriate process established in consultation 
                with the Privacy and Civil Liberties Oversight 
                Board established under section 1061, has 
                determined to be lawfully permissible for a 
                particular agency, component, or employee 
                (commonly known as an ``authorized use'' 
                standard); and
                  (D) the use of anonymized data by Federal 
                departments, agencies, or components 
                collecting, possessing, disseminating, or 
                handling information within the scope of the 
                information sharing environment, including 
                homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, in any cases in which--
                          (i) the use of such information is 
                        reasonably expected to produce results 
                        materially equivalent to the use of 
                        information that is transferred or 
                        stored in a non-anonymized form; and
                          (ii) such use is consistent with any 
                        mission of that department, agency, or 
                        component (including any mission under 
                        a Federal statute or directive of the 
                        President) that involves the storage, 
                        retention, sharing, or exchange of 
                        personally identifiable information.
          (2) Definition.--In this subsection, the term 
        ``anonymized data'' means data in which the individual 
        to whom the data pertains is not identifiable with 
        reasonable efforts, including information that has been 
        encrypted or hidden through the use of other 
        technology.
  (k) Additional Positions.--The program manager is authorized 
to hire not more than 40 full-time employees to assist the 
program manager in--
          (1) activities associated with the implementation of 
        the information sharing environment, including--
                  (A) implementing the requirements under 
                subsection (b)(2); and
                  (B) any additional implementation initiatives 
                to enhance and expedite the creation of the 
                information sharing environment; and
          (2) identifying and resolving information sharing 
        disputes between Federal departments, agencies, and 
        components under subsection (f)(2)(A)(iv).
  (l) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $30,000,000 for each 
of fiscal years 2008 and 2009.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5315. Positions at level IV

  Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Administrator of General Services.
          Associate Administrator of the National Aeronautics 
        and Space Administration.
          Assistant Administrators, Agency for International 
        Development (6).
          Regional Assistant Administrators, Agency for 
        International Development (4).
          Assistant Secretaries of Agriculture (3).
          Assistant Secretaries of Commerce (11).
          Assistant Secretaries of Defense (14).
          Assistant Secretaries of the Air Force (4).
          Assistant Secretaries of the Army (5).
          Assistant Secretaries of the Navy (4).
          Assistant Secretaries of Health and Human Services 
        (6).
          Assistant Secretaries of the Interior (6).
          Assistant Attorneys General (11).
          Assistant Secretaries of Labor (10), one of whom 
        shall be the Assistant Secretary of Labor for Veterans' 
        Employment and Training.
          Administrator, Wage and Hour Division, Department of 
        Labor.
          Assistant Secretaries of State (24) and 4 other State 
        Department officials to be appointed by the President, 
        by and with the advice and consent of the Senate.
          Assistant Secretaries of the Treasury (10).
          Members, United States International Trade Commission 
        (5).
          Assistant Secretaries of Education (10).
          General Counsel, Department of Education.
          Director of Civil Defense, Department of the Army.
          Deputy Director of the Office of Emergency Planning.
          Deputy Director of the Office of Science and 
        Technology.
          Deputy Director of the Peace Corps.
          Assistant Directors of the Office of Management and 
        Budget (3).
          General Counsel of the Department of Agriculture.
          General Counsel of the Department of Commerce.
          General Counsel of the Department of Defense.
          General Counsel of the Department of Health and Human 
        Services.
          Solicitor of the Department of the Interior.
          Solicitor of the Department of Labor.
          General Counsel of the National Labor Relations 
        Board.
          General Counsel of the Department of the Treasury.
          First Vice President of the Export-Import Bank of 
        Washington.
          Members, Council of Economic Advisers.
          Members, Board of Directors of the Export-Import Bank 
        of Washington.
          Members, Federal Communications Commission.
          Member, Board of Directors of the Federal Deposit 
        Insurance Corporation.
          Directors, Federal Housing Finance Board.
          Members, Federal Energy Regulatory Commission.
          Members, Federal Trade Commission.
          Members, Surface Transportation Board.
          Members, National Labor Relations Board.
          Members, Securities and Exchange Commission.
          Members, Merit Systems Protection Board.
          Members, Federal Maritime Commission.
          Members, National Mediation Board.
          Members, Railroad Retirement Board.
          Director of Selective Service.
          Associate Director of the Federal Bureau of 
        Investigation, Department of Justice.
          Members, Equal Employment Opportunity Commission (4).
          Director, Community Relations Service.
          Members, National Transportation Safety Board.
          General Counsel, Department of Transportation.
          Deputy Administrator, Federal Aviation 
        Administration.
          Assistant Secretaries of Transportation (5).
          Deputy Federal Highway Administrator.
          Administrator of the Saint Lawrence Seaway 
        Development Corporation.
          Assistant Secretary for Science, Smithsonian 
        Institution.
          Assistant Secretary for History and Art, Smithsonian 
        Institution.
          Deputy Administrator of the Small Business 
        Administration.
          Assistant Secretaries of Housing and Urban 
        Development (8).
          General Counsel of the Department of Housing and 
        Urban Development.
          Commissioner of Interama.
          Federal Insurance Administrator, Federal Emergency 
        Management Agency.
          Executive Vice President, Overseas Private Investment 
        Corporation.
          Members, National Credit Union Administration Board 
        (2).
          Members, Postal Regulatory Commission (4).
          Members, Occupational Safety and Health Review 
        Commission.
          Deputy Under Secretaries of the Treasury (or 
        Assistant Secretaries of the Treasury) (2).
          Members, Consumer Product Safety Commission (4).
          Members, Commodity Futures Trading Commission.
          Director of Nuclear Reactor Regulation, Nuclear 
        Regulatory Commission.
          Director of Nuclear Material Safety and Safeguards, 
        Nuclear Regulatory Commission.
          Director of Nuclear Regulatory Research, Nuclear 
        Regulatory Commission.
          Executive Director for Operations, Nuclear Regulatory 
        Commission.
          President, Government National Mortgage Association, 
        Department of Housing and Urban Development.
          Assistant Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as 
        Deputy Administrator of the National Oceanic and 
        Atmospheric Administration.
          Director, Bureau of Prisons, Department of Justice.
          Assistant Secretaries of Energy (8).
          General Counsel of the Department of Energy.
          Administrator, Economic Regulatory Administration, 
        Department of Energy.
          Administrator, Energy Information Administration, 
        Department of Energy.
          Director, Office of Indian Energy Policy and 
        Programs, Department of Energy.
          Director, Office of Science, Department of Energy.
          Assistant Secretary of Labor for Mine Safety and 
        Health.
          Members, Federal Mine Safety and Health Review 
        Commission.
          President, National Consumer Cooperative Bank.
          Special Counsel of the Merit Systems Protection 
        Board.
          Chairman, Federal Labor Relations Authority.
          Assistant Secretaries, Department of Homeland 
        Security.
          General Counsel, Department of Homeland Security.
          Officer for Civil Rights and Civil Liberties, 
        Department of Homeland Security.
          Chief Financial Officer, Department of Homeland 
        Security.
          Chief Information Officer, Department of Homeland 
        Security.
          Deputy Director, Institute for Scientific and 
        Technological Cooperation.
          Director of the National Institute of Justice.
          Director of the Bureau of Justice Statistics.
          Chief Counsel for Advocacy, Small Business 
        Administration.
          Assistant Administrator for Toxic Substances, 
        Environmental Protection Agency.
          Assistant Administrator, Office of Solid Waste, 
        Environmental Protection Agency.
          Assistant Administrators, Environmental Protection 
        Agency (8).
          Director of Operational Test and Evaluation, 
        Department of Defense.
          Director of Cost Assessment and Program Evaluation, 
        Department of Defense.
          Special Representatives of the President for arms 
        control, nonproliferation, and disarmament matters, 
        Department of State.
          Ambassadors at Large.
          Assistant Secretary of Commerce and Director General 
        of the United States and Foreign Commercial Service.
          Assistant Secretaries, Department of Veterans Affairs 
        (7).
          General Counsel, Department of Veterans Affairs.
          Commissioner of Food and Drugs, Department of Health 
        and Human Services
          Chairman, Board of Veterans' Appeals.
          Administrator, Office of Juvenile Justice and 
        Delinquency Prevention.
          Director, United States Marshals Service.
          Chairman, United States Parole Commission.
          Director, Bureau of the Census, Department of 
        Commerce.
          Director of the Institute of Museum and Library 
        Services.
          Chief Financial Officer, Department of Agriculture.
          Chief Financial Officer, Department of Commerce.
          Chief Financial Officer, Department of Education.
          Chief Financial Officer, Department of Energy.
          Chief Financial Officer, Department of Health and 
        Human Services.
          Chief Financial Officer, Department of Housing and 
        Urban Development.
          Chief Financial Officer, Department of the Interior.
          Chief Financial Officer, Department of Justice.
          Chief Financial Officer, Department of Labor.
          Chief Financial Officer, Department of State.
          Chief Financial Officer, Department of 
        Transportation.
          Chief Financial Officer, Department of the Treasury.
          Chief Financial Officer, Department of Veterans 
        Affairs.
          Chief Financial Officer, Environmental Protection 
        Agency.
          Chief Financial Officer, National Aeronautics and 
        Space Administration.
          Commissioner, Office of Navajo and Hopi Indian 
        Relocation.
          Deputy Under Secretary of Defense for Research and 
        Engineering.
          Deputy Under Secretary of Defense for Acquisition and 
        Sustainment.
          Deputy Under Secretary of Defense for Policy.
          Deputy Under Secretary of Defense for Personnel and 
        Readiness.
          Deputy Under Secretary of Defense (Comptroller).
          Deputy Under Secretary of Defense for Intelligence.
          General Counsel of the Department of the Army.
          General Counsel of the Department of the Navy.
          General Counsel of the Department of the Air Force.
          Liaison for Community and Junior Colleges, Department 
        of Education.
          Director of the Office of Educational Technology.
          Director of the International Broadcasting Bureau.
          The Commissioner of Labor Statistics, Department of 
        Labor.
          Administrator, Rural Utilities Service, Department of 
        Agriculture.
          Chief Information Officer, Department of Agriculture.
          Chief Information Officer, Department of Commerce.
          Chief Information Officer, Department of Defense 
        (unless the official designated as the Chief 
        Information Officer of the Department of Defense is an 
        official listed under section 5312, 5313, or 5314 of 
        this title).
          Chief Information Officer, Department of Education.
          Chief Information Officer, Department of Energy.
          Chief Information Officer, Department of Health and 
        Human Services.
          Chief Information Officer, Department of Housing and 
        Urban Development.
          Chief Information Officer, Department of the 
        Interior.
          Chief Information Officer, Department of Justice.
          Chief Information Officer, Department of Labor.
          Chief Information Officer, Department of State.
          Chief Information Officer, Department of 
        Transportation.
          Chief Information Officer, Department of the 
        Treasury.
          Chief Information Officer, Department of Veterans 
        Affairs.
          Chief Information Officer, Environmental Protection 
        Agency.
          Chief Information Officer, National Aeronautics and 
        Space Administration.
          Chief Information Officer, Agency for International 
        Development.
          Chief Information Officer, Federal Emergency 
        Management Agency.
          Chief Information Officer, General Services 
        Administration.
          Chief Information Officer, National Science 
        Foundation.
          Chief Information Officer, Nuclear Regulatory Agency.
          Chief Information Officer, Office of Personnel 
        Management.
          Chief Information Officer, Small Business 
        Administration.
          Chief Information Officer of the Intelligence 
        Community.
          General Counsel of the Central Intelligence Agency.
          Principal Deputy Administrator, National Nuclear 
        Security Administration.
          Additional Deputy Administrators of the National 
        Nuclear Security Administration (3), but if the Deputy 
        Administrator for Naval Reactors is an officer of the 
        Navy on active duty, (2).
          Deputy Under Secretary of Commerce for Intellectual 
        Property and Deputy Director of the United States 
        Patent and Trademark Office.
          General Counsel of the Office of the Director of 
        National Intelligence.
          Chief Medical Officer, Department of Homeland 
        Security.
          Director of the National Counterintelligence and 
        Security Center.

           *       *       *       *       *       *       *

                              ----------                              


                      FOREIGN SERVICE ACT OF 1980



           *       *       *       *       *       *       *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES

           *       *       *       *       *       *       *


Chapter 5--Classification of Positions and Assignments

           *       *       *       *       *       *       *


  Sec. 502. Assignments to Foreign Service Positions.--(a)(1) 
The Secretary (with the concurrence of the agency concerned) 
may assign a member of the Service to any position classified 
under section 501 in which that member is eligible to serve 
(other than as chief of mission or ambassador at large), and 
may assign a member from one such position to another such 
position as the needs of the Service may require.
  (2) In making assignments under paragraph (1), the Secretary 
shall assure that a member of the Service is not assigned to or 
prohibited from being assigned to a position at a post in a 
particular geographic area on the basis of the race, ethnicity, 
or religion of that member.
  (3) In making assignments under paragraph (1), and in 
accordance with section 903, and, if applicable, section 503, 
the Secretary shall assure that a member of the Service may 
serve at a post for a period of not more than six consecutive 
years.
  (b) Positions designated as Foreign Service positions 
normally shall be filled by the assignment of members of the 
Service to those positions. Subject to that limitation--
          (1) Foreign Service positions may be filled by the 
        assignment for specified tours of duty of employees of 
        the Department and, under interagency agreements, 
        employees of other agencies; and
          (2) Senior Foreign Service positions may also be 
        filled by other members of the Service.
  (c) The President may assign a career member of the Service 
to serve as charge d'affaires or otherwise as the head of a 
mission (or as the head of a United States office abroad which 
is designated under section 102(a)(3) by the Secretary of State 
as diplomatic in nature) for such period as the public interest 
may require.
  (d) The Secretary of State, in conjunction with the heads of 
the other agencies utilizing the Foreign Service personnel 
system, shall implement policies and procedures to insure that 
Foreign Service officers and members of the Senior Foreign 
Service of all agencies are able to compete for chief of 
mission positions and have opportunities on an equal basis to 
compete for assignments outside their areas of specialization.

           *       *       *       *       *       *       *


Chapter 7--Career Development, Training, and Orientation

           *       *       *       *       *       *       *


  Sec. 702. Foreign Language Requirements.--(a) The Secretary 
shall establish foreign language proficiency requirements for 
members of the Service who are to be assigned abroad in order 
that Foreign Service posts abroad will be staffed by 
individuals having a useful knowledge of the language or 
dialect common to the country in which the post is located.
  (b) The Secretary of State shall arrange for appropriate 
language training of members of the Service by the institution 
or otherwise in order to assist in meeting the requirements 
established under subsection (a).
  (c) Foreign Language Deployment Requirements.--
          (1) In general.--The Secretary of State, with the 
        assistance of other relevant officials, shall require 
        all members of the Service who receive foreign language 
        training in Arabic, Farsi, Chinese (Mandarin or 
        Cantonese), Turkish, Korean, and Japanese by the 
        institution or otherwise in accordance with subsection 
        (b) to serve three successive tours in positions in 
        which the acquired language is both relevant and 
        determined to be a benefit to the Department.
          (2) Overseas deployments.--In carrying out paragraph 
        (1), at least one of the three successive tours 
        referred to in such paragraph shall be an overseas 
        deployment.
          (3) Waiver.--The Secretary of State may waive the 
        application of paragraph (1) for medical or family 
        hardship or in the interest of national security.
          (4) Congressional notification.--The Secretary of 
        State shall notify the Committees on Appropriations and 
        Foreign Affairs of the House of Representatives and 
        Committees on Appropriations and Foreign Relations of 
        the Senate at the end of each fiscal year of any 
        instances during the prior twelve months in which the 
        waiver authority described in paragraph (3) was 
        invoked.
  [(c)] (d) Not later than January 31 of each year, the 
Director General of the Foreign Service shall submit a report 
to the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of 
Representatives summarizing the number of positions in each 
overseas mission requiring foreign language competence that--
          (1) became vacant during the previous fiscal year; 
        and
          (2) were filled by individuals having the required 
        foreign language competence.

           *       *       *       *       *       *       *

                              ----------                              


                     NATIONAL SECURITY ACT OF 1947

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

                              short title

  That this Act may be cited as the ``National Security Act of 
1947''.

                            TABLE OF CONTENTS

Sec. 2. Declaration of policy.
Sec. 3. Definitions.

               Title I--Coordination for National Security

Sec. 101. National Security Council.
[Sec. 101A. Joint Intelligence Community Council.]
     * * * * * * *
[Sec. 107. National Security Resources Board.]
     * * * * * * *
[Sec. 113B. Special pay authority for science, technology, engineering, 
          or math positions.]
Sec. 113B. Special pay authority for science, technology, engineering, 
          or mathematics positions.
     * * * * * * *

                   Title II--The Department of Defense

Sec. 201. Department of Defense.
[Sec. 202. Secretary of Defense.
[Sec. 203. Military Assistants to the Secretary.
[Sec. 204. Civilian personnel.]
Sec. 205. Department of the Army.
Sec. 206. Department of the Navy.
Sec. 207. Department of the Air Force.
[Sec. 208. United States Air Force.
[Sec. 209. Effective date of transfers.
[Sec. 210. War Council.
[Sec. 211. Joint Chiefs of Staff.
[Sec. 212. Joint Staff.
[Sec. 213. Munitions Board.
[Sec. 214. Research and Development Board.]

                        Title III--Miscellaneous

Sec. 301. National Security Agency voluntary separation.
Sec. 302. Authority of Federal Bureau of Investigation to award personal 
          services contracts.
Sec. 303. Advisory committees and personnel.
Sec. 304. Reporting of certain employment activities by former 
          intelligence officers and employees.
Sec. 307. Authorization for appropriations.
Sec. 308. Definitions.
Sec. 309. Separability.
Sec. 310. Effective date.
Sec. 311. Succession to the Presidency.
Sec. 312. Repealing and saving provisions.
     * * * * * * *

                       TITLE XI--OTHER PROVISIONS

     * * * * * * *
Sec. 1105. Semiannual reports on investigations of unauthorized 
          disclosures of classified information.

           *       *       *       *       *       *       *


TITLE I--COORDINATION FOR NATIONAL SECURITY

           *       *       *       *       *       *       *


                 [joint intelligence community council

  [Sec. 101A. (a) Joint Intelligence Community Council.--There 
is a Joint Intelligence Community Council.
  [(b) Membership.--The Joint Intelligence Community Council 
shall consist of the following:
          [(1) The Director of National Intelligence, who shall 
        chair the Council.
          [(2) The Secretary of State.
          [(3) The Secretary of the Treasury.
          [(4) The Secretary of Defense.
          [(5) The Attorney General.
          [(6) The Secretary of Energy.
          [(7) The Secretary of Homeland Security.
          [(8) Such other officers of the United States 
        Government as the President may designate from time to 
        time.
  [(c) Functions.--The Joint Intelligence Community Council 
shall assist the Director of National Intelligence in 
developing and implementing a joint, unified national 
intelligence effort to protect national security by--
          [(1) advising the Director on establishing 
        requirements, developing budgets, financial management, 
        and monitoring and evaluating the performance of the 
        intelligence community, and on such other matters as 
        the Director may request; and
          [(2) ensuring the timely execution of programs, 
        policies, and directives established or developed by 
        the Director.
  [(d) Meetings.--The Director of National Intelligence shall 
convene regular meetings of the Joint Intelligence Community 
Council.
  [(e) Advice and Opinions of Members Other Than Chairman.--(1) 
A member of the Joint Intelligence Community Council (other 
than the Chairman) may submit to the Chairman advice or an 
opinion in disagreement with, or advice or an opinion in 
addition to, the advice presented by the Director of National 
Intelligence to the President or the National Security Council, 
in the role of the Chairman as Chairman of the Joint 
Intelligence Community Council. If a member submits such advice 
or opinion, the Chairman shall present the advice or opinion of 
such member at the same time the Chairman presents the advice 
of the Chairman to the President or the National Security 
Council, as the case may be.
  [(2) The Chairman shall establish procedures to ensure that 
the presentation of the advice of the Chairman to the President 
or the National Security Council is not unduly delayed by 
reason of the submission of the individual advice or opinion of 
another member of the Council.
  [(f) Recommendations to Congress.--Any member of the Joint 
Intelligence Community Council may make such recommendations to 
Congress relating to the intelligence community as such member 
considers appropriate.]

           *       *       *       *       *       *       *


     responsibilities and authorities of the director of national 
                              intelligence

  Sec. 102A. (a) Provision of Intelligence.--(1) The Director 
of National Intelligence shall be responsible for ensuring that 
national intelligence is provided--
          (A) to the President;
          (B) to the heads of departments and agencies of the 
        executive branch;
          (C) to the Chairman of the Joint Chiefs of Staff and 
        senior military commanders;
          (D) to the Senate and House of Representatives and 
        the committees thereof; and
          (E) to such other persons as the Director of National 
        Intelligence determines to be appropriate.
  (2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all 
sources available to the intelligence community and other 
appropriate entities.
  (b) Access to Intelligence.--Unless otherwise directed by the 
President, the Director of National Intelligence shall have 
access to all national intelligence and intelligence related to 
the national security which is collected by any Federal 
department, agency, or other entity, except as otherwise 
provided by law or, as appropriate, under guidelines agreed 
upon by the Attorney General and the Director of National 
Intelligence.
  (c) Budget Authorities.--(1) With respect to budget requests 
and appropriations for the National Intelligence Program, the 
Director of National Intelligence shall--
          (A) based on intelligence priorities set by the 
        President, provide to the heads of departments 
        containing agencies or organizations within the 
        intelligence community, and to the heads of such 
        agencies and organizations, guidance for developing the 
        National Intelligence Program budget pertaining to such 
        agencies and organizations;
          (B) based on budget proposals provided to the 
        Director of National Intelligence by the heads of 
        agencies and organizations within the intelligence 
        community and the heads of their respective departments 
        and, as appropriate, after obtaining the advice of the 
        Joint Intelligence Community Council, develop and 
        determine an annual consolidated National Intelligence 
        Program budget; and
          (C) present such consolidated National Intelligence 
        Program budget, together with any comments from the 
        heads of departments containing agencies or 
        organizations within the intelligence community, to the 
        President for approval.
  (2) In addition to the information provided under paragraph 
(1)(B), the heads of agencies and organizations within the 
intelligence community shall provide the Director of National 
Intelligence such other information as the Director shall 
request for the purpose of determining the annual consolidated 
National Intelligence Program budget under that paragraph.
  (3)(A) The Director of National Intelligence shall 
participate in the development by the Secretary of Defense of 
the annual budget for the Military Intelligence Program or any 
successor program or programs.
  (B) The Director of National Intelligence shall provide 
guidance for the development of the annual budget for each 
element of the intelligence community that is not within the 
National Intelligence Program.
  (4) The Director of National Intelligence shall ensure the 
effective execution of the annual budget for intelligence and 
intelligence-related activities.
  (5)(A) The Director of National Intelligence shall be 
responsible for managing appropriations for the National 
Intelligence Program by directing the allotment or allocation 
of such appropriations through the heads of the departments 
containing agencies or organizations within the intelligence 
community and the Director of the Central Intelligence Agency, 
with prior notice (including the provision of appropriate 
supporting information) to the head of the department 
containing an agency or organization receiving any such 
allocation or allotment or the Director of the Central 
Intelligence Agency.
  (B) Notwithstanding any other provision of law, pursuant to 
relevant appropriations Acts for the National Intelligence 
Program, the Director of the Office of Management and Budget 
shall exercise the authority of the Director of the Office of 
Management and Budget to apportion funds, at the exclusive 
direction of the Director of National Intelligence, for 
allocation to the elements of the intelligence community 
through the relevant host executive departments and the Central 
Intelligence Agency. Department comptrollers or appropriate 
budget execution officers shall allot, allocate, reprogram, or 
transfer funds appropriated for the National Intelligence 
Program in an expeditious manner.
  (C) The Director of National Intelligence shall monitor the 
implementation and execution of the National Intelligence 
Program by the heads of the elements of the intelligence 
community that manage programs and activities that are part of 
the National Intelligence Program, which may include audits and 
evaluations.
  (6) Apportionment and allotment of funds under this 
subsection shall be subject to chapter 13 and section 1517 of 
title 31, United States Code, and the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
  (7)(A) The Director of National Intelligence shall provide a 
semi-annual report, beginning April 1, 2005, and ending April 
1, 2007, to the President and the Congress regarding 
implementation of this section.
  (B) The Director of National Intelligence shall report to the 
President and the Congress not later than 15 days after 
learning of any instance in which a departmental comptroller 
acts in a manner inconsistent with the law (including permanent 
statutes, authorization Acts, and appropriations Acts), or the 
direction of the Director of National Intelligence, in carrying 
out the National Intelligence Program.
  (d) Role of Director of National Intelligence in Transfer and 
Reprogramming of Funds.--(1)(A) No funds made available under 
the National Intelligence Program may be transferred or 
reprogrammed without the prior approval of the Director of 
National Intelligence, except in accordance with procedures 
prescribed by the Director of National Intelligence.
  (B) The Secretary of Defense shall consult with the Director 
of National Intelligence before transferring or reprogramming 
funds made available under the Military Intelligence Program or 
any successor program or programs.
  (2) Subject to the succeeding provisions of this subsection, 
the Director of National Intelligence may transfer or reprogram 
funds appropriated for a program within the National 
Intelligence Program--
          (A) to another such program;
          (B) to other departments or agencies of the United 
        States Government for the development and fielding of 
        systems of common concern related to the collection, 
        processing, analysis, exploitation, and dissemination 
        of intelligence information; or
          (C) to a program funded by appropriations not within 
        the National Intelligence Program to address critical 
        gaps in intelligence information sharing or access 
        capabilities.
  (3) The Director of National Intelligence may only transfer 
or reprogram funds referred to in paragraph (1)(A)--
          (A) with the approval of the Director of the Office 
        of Management and Budget; and
          (B) after consultation with the heads of departments 
        containing agencies or organizations within the 
        intelligence community to the extent such agencies or 
        organizations are affected, and, in the case of the 
        Central Intelligence Agency, after consultation with 
        the Director of the Central Intelligence Agency.
  (4) The amounts available for transfer or reprogramming in 
the National Intelligence Program in any given fiscal year, and 
the terms and conditions governing such transfers and 
reprogrammings, are subject to the provisions of annual 
appropriations Acts and this subsection.
  (5)(A) A transfer or reprogramming of funds may be made under 
this subsection only if--
          (i) the funds are being transferred to an activity 
        that is a higher priority intelligence activity;
          (ii) the transfer or reprogramming supports an 
        emergent need, improves program effectiveness, or 
        increases efficiency;
          (iii) the transfer or reprogramming does not involve 
        a transfer or reprogramming of funds to a Reserve for 
        Contingencies of the Director of National Intelligence 
        or the Reserve for Contingencies of the Central 
        Intelligence Agency;
          (iv) the transfer or reprogramming results in a 
        cumulative transfer or reprogramming of funds out of 
        any department or agency, as appropriate, funded in the 
        National Intelligence Program in a single fiscal year--
                  (I) that is less than $150,000,000, and
                  (II) that is less than 5 percent of amounts 
                available to a department or agency under the 
                National Intelligence Program; and
          (v) the transfer or reprogramming does not terminate 
        an acquisition program.
  (B) A transfer or reprogramming may be made without regard to 
a limitation set forth in clause (iv) or (v) of subparagraph 
(A) if the transfer has the concurrence of the head of the 
department involved or the Director of the Central Intelligence 
Agency (in the case of the Central Intelligence Agency). The 
authority to provide such concurrence may only be delegated by 
the head of the department involved or the Director of the 
Central Intelligence Agency (in the case of the Central 
Intelligence Agency) to the deputy of such officer.
  (6) Funds transferred or reprogrammed under this subsection 
shall remain available for the same period as the 
appropriations account to which transferred or reprogrammed.
  (7) Any transfer or reprogramming of funds under this 
subsection shall be carried out in accordance with existing 
procedures applicable to reprogramming notifications for the 
appropriate congressional committees. Any proposed transfer or 
reprogramming for which notice is given to the appropriate 
congressional committees shall be accompanied by a report 
explaining the nature of the proposed transfer or reprogramming 
and how it satisfies the requirements of this subsection. In 
addition, the congressional intelligence committees shall be 
promptly notified of any transfer or reprogramming of funds 
made pursuant to this subsection in any case in which the 
transfer or reprogramming would not have otherwise required 
reprogramming notification under procedures in effect as of the 
date of the enactment of this subsection.
  (e) Transfer of Personnel.--(1)(A) In addition to any other 
authorities available under law for such purposes, in the first 
twelve months after establishment of a new national 
intelligence center, the Director of National Intelligence, 
with the approval of the Director of the Office of Management 
and Budget and in consultation with the congressional 
committees of jurisdiction referred to in subparagraph (B), may 
transfer not more than 100 personnel authorized for elements of 
the intelligence community to such center.
  (B) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
          (i) the congressional intelligence committees;
          (ii) the Committees on Appropriations of the Senate 
        and the House of Representatives;
          (iii) in the case of the transfer of personnel to or 
        from the Department of Defense, the Committees on Armed 
        Services of the Senate and the House of 
        Representatives; and
          (iv) in the case of the transfer of personnel to or 
        from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
  (C) The Director shall include in any notice under 
subparagraph (B) an explanation of the nature of the transfer 
and how it satisfies the requirements of this subsection.
  (2)(A) The Director of National Intelligence, with the 
approval of the Director of the Office of Management and Budget 
and in accordance with procedures to be developed by the 
Director of National Intelligence and the heads of the 
departments and agencies concerned, may transfer personnel 
authorized for an element of the intelligence community to 
another such element for a period of not more than 2 years.
  (B) A transfer of personnel may be made under this paragraph 
only if--
          (i) the personnel are being transferred to an 
        activity that is a higher priority intelligence 
        activity; and
          (ii) the transfer supports an emergent need, improves 
        program effectiveness, or increases efficiency.
  (C) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
          (i) the congressional intelligence committees;
          (ii) in the case of the transfer of personnel to or 
        from the Department of Defense, the Committees on Armed 
        Services of the Senate and the House of 
        Representatives; and
          (iii) in the case of the transfer of personnel to or 
        from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
  (D) The Director shall include in any notice under 
subparagraph (C) an explanation of the nature of the transfer 
and how it satisfies the requirements of this paragraph.
  (3)(A) In addition to the number of full-time equivalent 
positions authorized for the Office of the Director of National 
Intelligence for a fiscal year, there is authorized for such 
Office for each fiscal year an additional 100 full-time 
equivalent positions that may be used only for the purposes 
described in subparagraph (B).
  (B) Except as provided in subparagraph (C), the Director of 
National Intelligence may use a full-time equivalent position 
authorized under subparagraph (A) only for the purpose of 
providing a temporary transfer of personnel made in accordance 
with paragraph (2) to an element of the intelligence community 
to enable such element to increase the total number of 
personnel authorized for such element, on a temporary basis--
          (i) during a period in which a permanent employee of 
        such element is absent to participate in critical 
        language training; or
          (ii) to accept a permanent employee of another 
        element of the intelligence community to provide 
        language-capable services.
  (C) Paragraph (2)(B) shall not apply with respect to a 
transfer of personnel made under subparagraph (B).
  (D) For each of the fiscal years 2010, 2011, and 2012, the 
Director of National Intelligence shall submit to the 
congressional intelligence committees an annual report on the 
use of authorities under this paragraph. Each such report shall 
include a description of--
          (i) the number of transfers of personnel made by the 
        Director pursuant to subparagraph (B), disaggregated by 
        each element of the intelligence community;
          (ii) the critical language needs that were fulfilled 
        or partially fulfilled through the use of such 
        transfers; and
          (iii) the cost to carry out subparagraph (B).
  (4) It is the sense of Congress that--
          (A) the nature of the national security threats 
        facing the United States will continue to challenge the 
        intelligence community to respond rapidly and flexibly 
        to bring analytic resources to bear against emerging 
        and unforeseen requirements;
          (B) both the Office of the Director of National 
        Intelligence and any analytic centers determined to be 
        necessary should be fully and properly supported with 
        appropriate levels of personnel resources and that the 
        President's yearly budget requests adequately support 
        those needs; and
          (C) the President should utilize all legal and 
        administrative discretion to ensure that the Director 
        of National Intelligence and all other elements of the 
        intelligence community have the necessary resources and 
        procedures to respond promptly and effectively to 
        emerging and unforeseen national security challenges.
  (f) Tasking and Other Authorities.--(1)(A) The Director of 
National Intelligence shall--
          (i) establish objectives, priorities, and guidance 
        for the intelligence community to ensure timely and 
        effective collection, processing, analysis, and 
        dissemination (including access by users to collected 
        data consistent with applicable law and, as 
        appropriate, the guidelines referred to in subsection 
        (b) and analytic products generated by or within the 
        intelligence community) of national intelligence;
          (ii) determine requirements and priorities for, and 
        manage and direct the tasking of, collection, analysis, 
        production, and dissemination of national intelligence 
        by elements of the intelligence community, including--
                  (I) approving requirements (including those 
                requirements responding to needs provided by 
                consumers) for collection and analysis; and
                  (II) resolving conflicts in collection 
                requirements and in the tasking of national 
                collection assets of the elements of the 
                intelligence community; and
          (iii) provide advisory tasking to intelligence 
        elements of those agencies and departments not within 
        the National Intelligence Program.
  (B) The authority of the Director of National Intelligence 
under subparagraph (A) shall not apply--
          (i) insofar as the President so directs;
          (ii) with respect to clause (ii) of subparagraph (A), 
        insofar as the Secretary of Defense exercises tasking 
        authority under plans or arrangements agreed upon by 
        the Secretary of Defense and the Director of National 
        Intelligence; or
          (iii) to the direct dissemination of information to 
        State government and local government officials and 
        private sector entities pursuant to sections 201 and 
        892 of the Homeland Security Act of 2002 (6 U.S.C. 121, 
        482).
  (2) The Director of National Intelligence shall oversee the 
National Counterterrorism Center, the National 
Counterproliferation Center, and the National 
Counterintelligence and Security Center and may establish such 
other national intelligence centers as the Director determines 
necessary.
  (3)(A) The Director of National Intelligence shall prescribe, 
in consultation with the heads of other agencies or elements of 
the intelligence community, and the heads of their respective 
departments, personnel policies and programs applicable to the 
intelligence community that--
          (i) encourage and facilitate assignments and details 
        of personnel to national intelligence centers, and 
        between elements of the intelligence community;
          (ii) set standards for education, training, and 
        career development of personnel of the intelligence 
        community;
          (iii) encourage and facilitate the recruitment and 
        retention by the intelligence community of highly 
        qualified individuals for the effective conduct of 
        intelligence activities;
          (iv) ensure that the personnel of the intelligence 
        community are sufficiently diverse for purposes of the 
        collection and analysis of intelligence through the 
        recruitment and training of women, minorities, and 
        individuals with diverse ethnic, cultural, and 
        linguistic backgrounds;
          (v) make service in more than one element of the 
        intelligence community a condition of promotion to such 
        positions within the intelligence community as the 
        Director shall specify; and
          (vi) ensure the effective management of intelligence 
        community personnel who are responsible for 
        intelligence community-wide matters.
  (B) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable 
to members of the uniformed services.
  (4) The Director of National Intelligence shall ensure 
compliance with the Constitution and laws of the United States 
by the Central Intelligence Agency and shall ensure such 
compliance by other elements of the intelligence community 
through the host executive departments that manage the programs 
and activities that are part of the National Intelligence 
Program.
  (5) The Director of National Intelligence shall ensure the 
elimination of waste and unnecessary duplication within the 
intelligence community.
  (6) The Director of National Intelligence shall establish 
requirements and priorities for foreign intelligence 
information to be collected under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide 
assistance to the Attorney General to ensure that information 
derived from electronic surveillance or physical searches under 
that Act is disseminated so it may be used efficiently and 
effectively for national intelligence purposes, except that the 
Director shall have no authority to direct or undertake 
electronic surveillance or physical search operations pursuant 
to that Act unless authorized by statute or Executive order.
  (7)(A) The Director of National Intelligence shall, if the 
Director determines it is necessary, or may, if requested by a 
congressional intelligence committee, conduct an accountability 
review of an element of the intelligence community or the 
personnel of such element in relation to a failure or 
deficiency within the intelligence community.
  (B) The Director of National Intelligence, in consultation 
with the Attorney General, shall establish guidelines and 
procedures for conducting an accountability review under 
subparagraph (A).
  (C)(i) The Director of National Intelligence shall provide 
the findings of an accountability review conducted under 
subparagraph (A) and the Director's recommendations for 
corrective or punitive action, if any, to the head of the 
applicable element of the intelligence community. Such 
recommendations may include a recommendation for dismissal of 
personnel.
  (ii) If the head of such element does not implement a 
recommendation made by the Director under clause (i), the head 
of such element shall submit to the congressional intelligence 
committees a notice of the determination not to implement the 
recommendation, including the reasons for the determination.
  (D) The requirements of this paragraph shall not be construed 
to limit any authority of the Director of National Intelligence 
under subsection (m) or with respect to supervision of the 
Central Intelligence Agency.
  (8) The Director of National Intelligence shall perform such 
other functions as the President may direct.
  (9) Nothing in this title shall be construed as affecting the 
role of the Department of Justice or the Attorney General under 
the Foreign Intelligence Surveillance Act of 1978.
  (g) Intelligence Information Sharing.--(1) The Director of 
National Intelligence shall have principal authority to ensure 
maximum availability of and access to intelligence information 
within the intelligence community consistent with national 
security requirements. The Director of National Intelligence 
shall--
          (A) establish uniform security standards and 
        procedures;
          (B) establish common information technology 
        standards, protocols, and interfaces;
          (C) ensure development of information technology 
        systems that include multi-level security and 
        intelligence integration capabilities;
          (D) establish policies and procedures to resolve 
        conflicts between the need to share intelligence 
        information and the need to protect intelligence 
        sources and methods;
          (E) develop an enterprise architecture for the 
        intelligence community and ensure that elements of the 
        intelligence community comply with such architecture;
          (F) have procurement approval authority over all 
        enterprise architecture-related information technology 
        items funded in the National Intelligence Program; and
          (G) in accordance with Executive Order No. 13526 (75 
        Fed. Reg. 707; relating to classified national security 
        information) (or any subsequent corresponding executive 
        order), and part 2001 of title 32, Code of Federal 
        Regulations (or any subsequent corresponding 
        regulation), establish--
                  (i) guidance to standardize, in appropriate 
                cases, the formats for classified and 
                unclassified intelligence products created by 
                elements of the intelligence community for 
                purposes of promoting the sharing of 
                intelligence products; and
                  (ii) policies and procedures requiring the 
                increased use, in appropriate cases, and 
                including portion markings, of the 
                classification of portions of information 
                within one intelligence product.
  (2) The President shall ensure that the Director of National 
Intelligence has all necessary support and authorities to fully 
and effectively implement paragraph (1).
  (3) Except as otherwise directed by the President or with the 
specific written agreement of the head of the department or 
agency in question, a Federal agency or official shall not be 
considered to have met any obligation to provide any 
information, report, assessment, or other material (including 
unevaluated intelligence information) to that department or 
agency solely by virtue of having provided that information, 
report, assessment, or other material to the Director of 
National Intelligence or the National Counterterrorism Center.
  (4) The Director of National Intelligence shall, in a timely 
manner, report to Congress any statute, regulation, policy, or 
practice that the Director believes impedes the ability of the 
Director to fully and effectively ensure maximum availability 
of access to intelligence information within the intelligence 
community consistent with the protection of the national 
security of the United States.
  (h) Analysis.--To ensure the most accurate analysis of 
intelligence is derived from all sources to support national 
security needs, the Director of National Intelligence shall--
  (1) implement policies and procedures--
  (A) to encourage sound analytic methods and tradecraft 
throughout the elements of the intelligence community;
  (B) to ensure that analysis is based upon all sources 
available; and
  (C) to ensure that the elements of the intelligence community 
regularly conduct competitive analysis of analytic products, 
whether such products are produced by or disseminated to such 
elements;
          (2) ensure that resource allocation for intelligence 
        analysis is appropriately proportional to resource 
        allocation for intelligence collection systems and 
        operations in order to maximize analysis of all 
        collected data;
  (3) ensure that differences in analytic judgment are fully 
considered and brought to the attention of policymakers; and
          (4) ensure that sufficient relationships are 
        established between intelligence collectors and 
        analysts to facilitate greater understanding of the 
        needs of analysts.
  (i) Protection of Intelligence Sources and Methods.--(1) The 
Director of National Intelligence shall protect intelligence 
sources and methods from unauthorized disclosure.
  (2) Consistent with paragraph (1), in order to maximize the 
dissemination of intelligence, the Director of National 
Intelligence shall establish and implement guidelines for the 
intelligence community for the following purposes:
          (A) Classification of information under applicable 
        law, Executive orders, or other Presidential 
        directives.
          (B) Access to and dissemination of intelligence, both 
        in final form and in the form when initially gathered.
          (C) Preparation of intelligence products in such a 
        way that source information is removed to allow for 
        dissemination at the lowest level of classification 
        possible or in unclassified form to the extent 
        practicable.
  (3) The Director may only delegate a duty or authority given 
the Director under this subsection to the Principal Deputy 
Director of National Intelligence.
  (j) Uniform Procedures for Classified Information.--The 
Director of National Intelligence, subject to the direction of 
the President, shall--
  (1) establish uniform standards and procedures for the grant 
of access to sensitive compartmented information to any officer 
or employee of any agency or department of the United States 
and to employees of contractors of those agencies or 
departments;
          (2) ensure the consistent implementation of those 
        standards and procedures throughout such agencies and 
        departments;
  (3) ensure that security clearances granted by individual 
elements of the intelligence community are recognized by all 
elements of the intelligence community, and under contracts 
entered into by those agencies;
          (4) ensure that the process for investigation and 
        adjudication of an application for access to sensitive 
        compartmented information is performed in the most 
        expeditious manner possible consistent with applicable 
        standards for national security;
          (5) ensure that the background of each employee or 
        officer of an element of the intelligence community, 
        each contractor to an element of the intelligence 
        community, and each individual employee of such a 
        contractor who has been determined to be eligible for 
        access to classified information is monitored on a 
        continual basis under standards developed by the 
        Director, including with respect to the frequency of 
        evaluation, during the period of eligibility of such 
        employee or officer of an element of the intelligence 
        community, such contractor, or such individual employee 
        to such a contractor to determine whether such employee 
        or officer of an element of the intelligence community, 
        such contractor, and such individual employee of such a 
        contractor continues to meet the requirements for 
        eligibility for access to classified information; and
          (6) develop procedures to require information sharing 
        between elements of the intelligence community 
        concerning potentially derogatory security information 
        regarding an employee or officer of an element of the 
        intelligence community, a contractor to an element of 
        the intelligence community, or an individual employee 
        of such a contractor that may impact the eligibility of 
        such employee or officer of an element of the 
        intelligence community, such contractor, or such 
        individual employee of such a contractor for a security 
        clearance.
  (k) Coordination With Foreign Governments.--Under the 
direction of the President and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927), the Director of National Intelligence shall oversee the 
coordination of the relationships between elements of the 
intelligence community and the intelligence or security 
services of foreign governments or international organizations 
on all matters involving intelligence related to the national 
security or involving intelligence acquired through clandestine 
means.
  (l) Enhanced Personnel Management.--(1)(A) The Director of 
National Intelligence shall, under regulations prescribed by 
the Director, provide incentives for personnel of elements of 
the intelligence community to serve--
          (i) on the staff of the Director of National 
        Intelligence;
          (ii) on the staff of the national intelligence 
        centers;
          (iii) on the staff of the National Counterterrorism 
        Center; and
          (iv) in other positions in support of the 
        intelligence community management functions of the 
        Director.
  (B) Incentives under subparagraph (A) may include financial 
incentives, bonuses, and such other awards and incentives as 
the Director considers appropriate.
  (2)(A) Notwithstanding any other provision of law, the 
personnel of an element of the intelligence community who are 
assigned or detailed under paragraph (1)(A) to service under 
the Director of National Intelligence shall be promoted at 
rates equivalent to or better than personnel of such element 
who are not so assigned or detailed.
  (B) The Director may prescribe regulations to carry out this 
paragraph.
  (3)(A) The Director of National Intelligence shall prescribe 
mechanisms to facilitate the rotation of personnel of the 
intelligence community through various elements of the 
intelligence community in the course of their careers in order 
to facilitate the widest possible understanding by such 
personnel of the variety of intelligence requirements, methods, 
users, and capabilities.
  (B) The mechanisms prescribed under subparagraph (A) may 
include the following:
          (i) The establishment of special occupational 
        categories involving service, over the course of a 
        career, in more than one element of the intelligence 
        community.
          (ii) The provision of rewards for service in 
        positions undertaking analysis and planning of 
        operations involving two or more elements of the 
        intelligence community.
          (iii) The establishment of requirements for 
        education, training, service, and evaluation for 
        service involving more than one element of the 
        intelligence community.
  (C) It is the sense of Congress that the mechanisms 
prescribed under this subsection should, to the extent 
practical, seek to duplicate for civilian personnel within the 
intelligence community the joint officer management policies 
established by chapter 38 of title 10, United States Code, and 
the other amendments made by title IV of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (Public Law 
99-433).
  (D) The mechanisms prescribed under subparagraph (A) and any 
other policies of the Director--
          (i) may not require an employee of an office of 
        inspector general for an element of the intelligence 
        community, including the Office of the Inspector 
        General of the Intelligence Community, to rotate to a 
        position in an office or organization of such an 
        element over which such office of inspector general 
        exercises jurisdiction; and
          (ii) shall be implemented in a manner that exempts 
        employees of an office of inspector general from a 
        rotation that may impact the independence of such 
        office.
  (4)(A) Except as provided in subparagraph (B) and 
subparagraph (D), this subsection shall not apply with respect 
to personnel of the elements of the intelligence community who 
are members of the uniformed services.
  (B) Mechanisms that establish requirements for education and 
training pursuant to paragraph (3)(B)(iii) may apply with 
respect to members of the uniformed services who are assigned 
to an element of the intelligence community funded through the 
National Intelligence Program, but such mechanisms shall not be 
inconsistent with personnel policies and education and training 
requirements otherwise applicable to members of the uniformed 
services.
  (C) The personnel policies and programs developed and 
implemented under this subsection with respect to law 
enforcement officers (as that term is defined in section 
5541(3) of title 5, United States Code) shall not affect the 
ability of law enforcement entities to conduct operations or, 
through the applicable chain of command, to control the 
activities of such law enforcement officers.
  (D) Assignment to the Office of the Director of National 
Intelligence of commissioned officers of the Armed Forces shall 
be considered a joint-duty assignment for purposes of the joint 
officer management policies prescribed by chapter 38 of title 
10, United States Code, and other provisions of that title.
  (m) Additional Authority With Respect to Personnel.--(1) In 
addition to the authorities under subsection (f)(3), the 
Director of National Intelligence may exercise with respect to 
the personnel of the Office of the Director of National 
Intelligence any authority of the Director of the Central 
Intelligence Agency with respect to the personnel of the 
Central Intelligence Agency under the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment 
of this subsection to the same extent, and subject to the same 
conditions and limitations, that the Director of the Central 
Intelligence Agency may exercise such authority with respect to 
personnel of the Central Intelligence Agency.
  (2) Employees and applicants for employment of the Office of 
the Director of National Intelligence shall have the same 
rights and protections under the Office of the Director of 
National Intelligence as employees of the Central Intelligence 
Agency have under the Central Intelligence Agency Act of 1949, 
and other applicable provisions of law, as of the date of the 
enactment of this subsection.
  (n) Acquisition and Other Authorities.--(1) In carrying out 
the responsibilities and authorities under this section, the 
Director of National Intelligence may exercise the acquisition 
and appropriations authorities referred to in the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other 
than the authorities referred to in section 8(b) of that Act 
(50 U.S.C. 403j(b)).
  (2) For the purpose of the exercise of any authority referred 
to in paragraph (1), a reference to the head of an agency shall 
be deemed to be a reference to the Director of National 
Intelligence or the Principal Deputy Director of National 
Intelligence.
  (3)(A) Any determination or decision to be made under an 
authority referred to in paragraph (1) by the head of an agency 
may be made with respect to individual purchases and contracts 
or with respect to classes of purchases or contracts, and shall 
be final.
  (B) Except as provided in subparagraph (C), the Director of 
National Intelligence or the Principal Deputy Director of 
National Intelligence may, in such official's discretion, 
delegate to any officer or other official of the Office of the 
Director of National Intelligence any authority to make a 
determination or decision as the head of the agency under an 
authority referred to in paragraph (1).
  (C) The limitations and conditions set forth in section 3(d) 
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403c(d)) shall apply to the exercise by the Director of 
National Intelligence of an authority referred to in paragraph 
(1).
  (D) Each determination or decision required by an authority 
referred to in the second sentence of section 3(d) of the 
Central Intelligence Agency Act of 1949 shall be based upon 
written findings made by the official making such determination 
or decision, which findings shall be final and shall be 
available within the Office of the Director of National 
Intelligence for a period of at least six years following the 
date of such determination or decision.
  (4)(A) In addition to the authority referred to in paragraph 
(1), the Director of National Intelligence may authorize the 
head of an element of the intelligence community to exercise an 
acquisition authority referred to in section 3 or 8(a) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 
403j(a)) for an acquisition by such element that is more than 
50 percent funded under the National Intelligence Program.
  (B) The head of an element of the intelligence community may 
not exercise an authority referred to in subparagraph (A) 
until--
          (i) the head of such element (without delegation) 
        submits to the Director of National Intelligence a 
        written request that includes--
                  (I) a description of such authority requested 
                to be exercised;
                  (II) an explanation of the need for such 
                authority, including an explanation of the 
                reasons that other authorities are 
                insufficient; and
                  (III) a certification that the mission of 
                such element would be--
                          (aa) impaired if such authority is 
                        not exercised; or
                          (bb) significantly and measurably 
                        enhanced if such authority is 
                        exercised; and
          (ii) the Director of National Intelligence issues a 
        written authorization that includes--
                  (I) a description of the authority referred 
                to in subparagraph (A) that is authorized to be 
                exercised; and
                  (II) a justification to support the exercise 
                of such authority.
  (C) A request and authorization to exercise an authority 
referred to in subparagraph (A) may be made with respect to an 
individual acquisition or with respect to a specific class of 
acquisitions described in the request and authorization 
referred to in subparagraph (B).
  (D)(i) A request from a head of an element of the 
intelligence community located within one of the departments 
described in clause (ii) to exercise an authority referred to 
in subparagraph (A) shall be submitted to the Director of 
National Intelligence in accordance with any procedures 
established by the head of such department.
  (ii) The departments described in this clause are the 
Department of Defense, the Department of Energy, the Department 
of Homeland Security, the Department of Justice, the Department 
of State, and the Department of the Treasury.
  (E)(i) The head of an element of the intelligence community 
may not be authorized to utilize an authority referred to in 
subparagraph (A) for a class of acquisitions for a period of 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize the use of such 
an authority for not more than 6 years.
  (ii) Each authorization to utilize an authority referred to 
in subparagraph (A) may be extended in accordance with the 
requirements of subparagraph (B) for successive periods of not 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize an extension 
period of not more than 6 years.
  (F) Subject to clauses (i) and (ii) of subparagraph (E), the 
Director of National Intelligence may only delegate the 
authority of the Director under subparagraphs (A) through (E) 
to the Principal Deputy Director of National Intelligence or a 
Deputy Director of National Intelligence.
  (G) The Director of National Intelligence shall submit--
          (i) to the congressional intelligence committees a 
        notification of an authorization to exercise an 
        authority referred to in subparagraph (A) or an 
        extension of such authorization that includes the 
        written authorization referred to in subparagraph 
        (B)(ii); and
          (ii) to the Director of the Office of Management and 
        Budget a notification of an authorization to exercise 
        an authority referred to in subparagraph (A) for an 
        acquisition or class of acquisitions that will exceed 
        $50,000,000 annually.
  (H) Requests and authorizations to exercise an authority 
referred to in subparagraph (A) shall remain available within 
the Office of the Director of National Intelligence for a 
period of at least 6 years following the date of such request 
or authorization.
  (I) Nothing in this paragraph may be construed to alter or 
otherwise limit the authority of the Central Intelligence 
Agency to independently exercise an authority under section 3 
or 8(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403c and 403j(a)).
  (o) Consideration of Views of Elements of Intelligence 
Community.--In carrying out the duties and responsibilities 
under this section, the Director of National Intelligence shall 
take into account the views of a head of a department 
containing an element of the intelligence community and of the 
Director of the Central Intelligence Agency.
  (p) Responsibility of Director of National Intelligence 
Regarding National Intelligence Program Budget Concerning the 
Department of Defense.--Subject to the direction of the 
President, the Director of National Intelligence shall, after 
consultation with the Secretary of Defense, ensure that the 
National Intelligence Program budgets for the elements of the 
intelligence community that are within the Department of 
Defense are adequate to satisfy the national intelligence needs 
of the Department of Defense, including the needs of the 
Chairman of the Joint Chiefs of Staff and the commanders of the 
unified and specified commands, and wherever such elements are 
performing Government-wide functions, the needs of other 
Federal departments and agencies.
  (q) Acquisitions of Major Systems.--(1) For each intelligence 
program within the National Intelligence Program for the 
acquisition of a major system, the Director of National 
Intelligence shall--
          (A) require the development and implementation of a 
        program management plan that includes cost, schedule, 
        and performance goals and program milestone criteria, 
        except that with respect to Department of Defense 
        programs the Director shall consult with the Secretary 
        of Defense;
          (B) serve as exclusive milestone decision authority, 
        except that with respect to Department of Defense 
        programs the Director shall serve as milestone decision 
        authority jointly with the Secretary of Defense or the 
        designee of the Secretary; and
          (C) periodically--
                  (i) review and assess the progress made 
                toward the achievement of the goals and 
                milestones established in such plan; and
                  (ii) submit to Congress a report on the 
                results of such review and assessment.
  (2) If the Director of National Intelligence and the 
Secretary of Defense are unable to reach an agreement on a 
milestone decision under paragraph (1)(B), the President shall 
resolve the conflict.
  (3) Nothing in this subsection may be construed to limit the 
authority of the Director of National Intelligence to delegate 
to any other official any authority to perform the 
responsibilities of the Director under this subsection.
  (4) In this subsection:
          (A) The term ``intelligence program'', with respect 
        to the acquisition of a major system, means a program 
        that--
                  (i) is carried out to acquire such major 
                system for an element of the intelligence 
                community; and
                  (ii) is funded in whole out of amounts 
                available for the National Intelligence 
                Program.
          (B) The term ``major system'' has the meaning given 
        such term in section 4(9) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 403(9)).
  (r) Performance of Common Services.--The Director of National 
Intelligence shall, in consultation with the heads of 
departments and agencies of the United States Government 
containing elements within the intelligence community and with 
the Director of the Central Intelligence Agency, coordinate the 
performance by the elements of the intelligence community 
within the National Intelligence Program of such services as 
are of common concern to the intelligence community, which 
services the Director of National Intelligence determines can 
be more efficiently accomplished in a consolidated manner.
  (s) Pay Authority for Critical Positions.--(1) 
Notwithstanding any pay limitation established under any other 
provision of law applicable to employees in elements of the 
intelligence community, the Director of National Intelligence 
may, in coordination with the Director of the Office of 
Personnel Management and the Director of the Office of 
Management and Budget, grant authority to the head of a 
department or agency to fix the rate of basic pay for one or 
more positions within the intelligence community at a rate in 
excess of any applicable limitation, subject to the provisions 
of this subsection. The exercise of authority so granted is at 
the discretion of the head of the department or agency 
employing the individual in a position covered by such 
authority, subject to the provisions of this subsection and any 
conditions established by the Director of National Intelligence 
when granting such authority.
  (2) Authority under this subsection may be granted or 
exercised only--
          (A) with respect to a position that requires an 
        extremely high level of expertise and is critical to 
        successful accomplishment of an important mission; and
          (B) to the extent necessary to recruit or retain an 
        individual exceptionally well qualified for the 
        position.
  (3) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level II of the Executive Schedule under section 
5313 of title 5, United States Code, except upon written 
approval of the Director of National Intelligence or as 
otherwise authorized by law.
  (4) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level I of the Executive Schedule under section 
5312 of title 5, United States Code, except upon written 
approval of the President in response to a request by the 
Director of National Intelligence or as otherwise authorized by 
law.
  (5) Any grant of authority under this subsection for a 
position shall terminate at the discretion of the Director of 
National Intelligence.
  (6)(A) The Director of National Intelligence shall notify the 
congressional intelligence committees not later than 30 days 
after the date on which the Director grants authority to the 
head of a department or agency under this subsection.
  (B) The head of a department or agency to which the Director 
of National Intelligence grants authority under this subsection 
shall notify the congressional intelligence committees and the 
Director of the exercise of such authority not later than 30 
days after the date on which such head exercises such 
authority.
  (t) Award of Rank to Members of the Senior National 
Intelligence Service.--(1) The President, based on the 
recommendation of the Director of National Intelligence, may 
award a rank to a member of the Senior National Intelligence 
Service or other intelligence community senior civilian officer 
not already covered by such a rank award program in the same 
manner in which a career appointee of an agency may be awarded 
a rank under section 4507 of title 5, United States Code.
  (2) The President may establish procedures to award a rank 
under paragraph (1) to a member of the Senior National 
Intelligence Service or a senior civilian officer of the 
intelligence community whose identity as such a member or 
officer is classified information (as defined in section 
606(1)).
  (u) Conflict of Interest Regulations.--The Director of 
National Intelligence, in consultation with the Director of the 
Office of Government Ethics, shall issue regulations 
prohibiting an officer or employee of an element of the 
intelligence community from engaging in outside employment if 
such employment creates a conflict of interest or appearance 
thereof.
  (v) Authority To Establish Positions in Excepted Service.--
(1) The Director of National Intelligence, with the concurrence 
of the head of the covered department concerned and in 
consultation with the Director of the Office of Personnel 
Management, may--
          (A) convert competitive service positions, and the 
        incumbents of such positions, within an element of the 
        intelligence community in such department, to excepted 
        service positions as the Director of National 
        Intelligence determines necessary to carry out the 
        intelligence functions of such element; and
          (B) establish new positions in the excepted service 
        within an element of the intelligence community in such 
        department, if the Director of National Intelligence 
        determines such positions are necessary to carry out 
        the intelligence functions of such element.
  (2) An incumbent occupying a position on the date of the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2012 selected to be converted to the excepted service under 
this section shall have the right to refuse such conversion. 
Once such individual no longer occupies the position, the 
position may be converted to the excepted service.
  (3) A covered department may appoint an individual to a 
position converted or established pursuant to this subsection 
without regard to the civil-service laws, including parts II 
and III of title 5, United States Code.
  (4) In this subsection, the term ``covered department'' means 
the Department of Energy, the Department of Homeland Security, 
the Department of State, or the Department of the Treasury.
  (w) Nuclear Proliferation Assessment Statements Intelligence 
Community Addendum.--The Director of National Intelligence, in 
consultation with the heads of the appropriate elements of the 
intelligence community and the Secretary of State, shall 
provide to the President, the congressional intelligence 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate an addendum to each Nuclear Proliferation Assessment 
Statement accompanying a civilian nuclear cooperation 
agreement, containing a comprehensive analysis of the country's 
export control system with respect to nuclear-related matters, 
including interactions with other countries of proliferation 
concern and the actual or suspected nuclear, dual-use, or 
missile-related transfers to such countries.
  (x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with the 
head of each department of the Federal Government that contains 
an element of the intelligence community and the Director of 
the Central Intelligence Agency, shall--
  (1) ensure that--
  (A) any contractor to an element of the intelligence 
community with access to a classified network or classified 
information develops and operates a security plan that is 
consistent with standards established by the Director of 
National Intelligence for intelligence community networks; and
  (B) each contract awarded by an element of the intelligence 
community includes provisions requiring the contractor comply 
with such plan and such standards;
          (2) conduct periodic assessments of each security 
        plan required under paragraph (1)(A) to ensure such 
        security plan complies with the requirements of such 
        paragraph; and
  (3) ensure that the insider threat detection capabilities and 
insider threat policies of the intelligence community apply to 
facilities of contractors with access to a classified network.
  (y) Fundraising.--(1) The Director of National Intelligence 
may engage in fundraising in an official capacity for the 
benefit of nonprofit organizations that--
          (A) provide support to surviving family members of a 
        deceased employee of an element of the intelligence 
        community; or
          (B) otherwise provide support for the welfare, 
        education, or recreation of employees of an element of 
        the intelligence community, former employees of an 
        element of the intelligence community, or family 
        members of such employees.
  (2) In this subsection, the term ``fundraising'' means the 
raising of funds through the active participation in the 
promotion, production, or presentation of an event designed to 
raise funds and does not include the direct solicitation of 
money by any other means.
  (3) Not later than 7 days after the date the Director engages 
in fundraising authorized by this subsection or at the time the 
decision is made to participate in such fundraising, the 
Director shall notify the congressional intelligence committees 
of such fundraising.
  (4) The Director, in consultation with the Director of the 
Office of Government Ethics, shall issue regulations to carry 
out the authority provided in this subsection. Such regulations 
shall ensure that such authority is exercised in a manner that 
is consistent with all relevant ethical constraints and 
principles, including the avoidance of any prohibited conflict 
of interest or appearance of impropriety.
  (z) Analyses and Impact Statements Regarding Proposed 
Investment Into the United States.--(1) Not later than 20 days 
after the completion of a review or an investigation of any 
proposed investment into the United States for which the 
Director has prepared analytic materials, the Director shall 
submit to the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the House 
of Representative copies of such analytic materials, including 
any supplements or amendments to such analysis made by the 
Director.
  (2) Not later than 60 days after the completion of 
consideration by the United States Government of any investment 
described in paragraph (1), the Director shall determine 
whether such investment will have an operational impact on the 
intelligence community, and, if so, shall submit a report on 
such impact to the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of 
the House of Representatives. Each such report shall--
          (A) describe the operational impact of the investment 
        on the intelligence community; and
          (B) describe any actions that have been or will be 
        taken to mitigate such impact.

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                       chief information officer

  Sec. 103G. (a) Chief Information Officer.--To assist the 
Director of National Intelligence in carrying out the 
responsibilities of the Director under this Act and other 
applicable provisions of law, there shall be within the Office 
of the Director of National Intelligence a Chief Information 
Officer of the Intelligence Community who shall be appointed by 
the President. The Chief Information Officer shall report 
directly to the Director of National Intelligence.
  (b) Duties and Responsibilities.--Subject to the direction of 
the Director of National Intelligence, the Chief Information 
Officer of the Intelligence Community shall--
          (1) manage activities relating to the information 
        technology infrastructure and enterprise architecture 
        requirements of the intelligence community;
          (2) have procurement approval authority over all 
        information technology items related to the enterprise 
        architectures of all intelligence community components;
          (3) direct and manage all information technology-
        related procurement for the intelligence community; and
          (4) ensure that all expenditures for information 
        technology and research and development activities are 
        consistent with the intelligence community enterprise 
        architecture and the strategy of the Director for such 
        architecture.
  (c) Prohibition on Simultaneous Service as Other Chief 
Information Officer.--An individual serving in the position of 
Chief Information Officer of the Intelligence Community may 
not, while so serving, serve as the chief information officer 
of any other department or agency, or component thereof, of the 
United States Government.

           *       *       *       *       *       *       *


         chief financial officer of the intelligence community

  Sec. 103I. (a) Chief Financial Officer of the Intelligence 
Community.--To assist the Director of National Intelligence in 
carrying out the responsibilities of the Director under this 
Act and other applicable provisions of law, there is within the 
Office of the Director of National Intelligence a Chief 
Financial Officer of the Intelligence Community who shall be 
appointed by the Director. The Chief Financial Officer shall 
report directly to the Director of National Intelligence.
  (b) Duties and Responsibilities.--Subject to the direction of 
the Director of National Intelligence, the Chief Financial 
Officer of the Intelligence Community shall--
          (1) serve as the principal advisor to the Director of 
        National Intelligence and the Principal Deputy Director 
        of National Intelligence on the management and 
        allocation of intelligence community budgetary 
        resources;
          (2) participate in overseeing a comprehensive and 
        integrated strategic process for resource management 
        within the intelligence community;
          (3) ensure that the strategic plan of the Director of 
        National Intelligence--
                  (A) is based on budgetary constraints as 
                specified in the Future Year Intelligence Plans 
                and Long-term Budget Projections required under 
                section 506G; and
                  (B) contains specific goals and objectives to 
                support a performance-based budget;
          (4) prior to the obligation or expenditure of funds 
        for the acquisition of any major system pursuant to a 
        Milestone A or Milestone B decision, receive 
        verification from appropriate authorities that the 
        national requirements for meeting the strategic plan of 
        the Director have been established, and that such 
        requirements are prioritized based on budgetary 
        constraints as specified in the Future Year 
        Intelligence Plans and the Long-term Budget Projections 
        for such major system required under section 506G;
          (5) ensure that the collection architectures of the 
        Director are based on budgetary constraints as 
        specified in the Future Year Intelligence Plans and the 
        Long-term Budget Projections required under section 
        506G;
          (6) coordinate or approve representations made to 
        Congress by the intelligence community regarding 
        National Intelligence Program budgetary resources;
          (7) participate in key mission requirements, 
        acquisitions, or architectural boards formed within or 
        by the Office of the Director of National Intelligence; 
        and
          (8) perform such other duties as may be prescribed by 
        the Director of National Intelligence.
  (c) Other Law.--The Chief Financial Officer of the 
Intelligence Community shall serve as the Chief Financial 
Officer of the intelligence community and, to the extent 
applicable, shall have the duties, responsibilities, and 
authorities specified in chapter 9 of title 31, United States 
Code.
  (d) Prohibition on Simultaneous Service as Other Chief 
Financial Officer.--An individual serving in the position of 
Chief Financial Officer of the Intelligence Community may not, 
while so serving, serve as the chief financial officer of any 
other department or agency, or component thereof, of the United 
States Government.
  (e) Definitions.--In this section:
          (1) The term ``major system'' has the meaning given 
        that term in section 506A(e).
          (2) The term ``Milestone A'' has the meaning given 
        that term in section 506G(f).
          (3) The term ``Milestone B'' has the meaning given 
        that term in section 506C(e).

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              director of the central intelligence agency

  Sec. 104A. (a) Director of Central Intelligence Agency.--
There is a Director of the Central Intelligence Agency who 
shall be appointed by the President, by and with the advice and 
consent of the Senate.
  (b) Supervision.--The Director of the Central Intelligence 
Agency shall report to the Director of National Intelligence 
regarding the activities of the Central Intelligence Agency.
  (c) Duties.--The Director of the Central Intelligence Agency 
shall--
          (1) serve as the head of the Central Intelligence 
        Agency; and
          (2) carry out the responsibilities specified in 
        subsection (d).
  (d) Responsibilities.--The Director of the Central 
Intelligence Agency shall--
          (1) collect intelligence through human sources and by 
        other appropriate means, except that the Director of 
        the Central Intelligence Agency shall have no police, 
        subpoena, or law enforcement powers or internal 
        security functions;
          (2) correlate and evaluate intelligence related to 
        the national security and provide appropriate 
        dissemination of such intelligence;
          (3) provide overall direction for and coordination of 
        the collection of national intelligence outside the 
        United States through human sources by elements of the 
        intelligence community authorized to undertake such 
        collection and, in coordination with other departments, 
        agencies, or elements of the United States Government 
        which are authorized to undertake such collection, 
        ensure that the most effective use is made of resources 
        and that appropriate account is taken of the risks to 
        the United States and those involved in such 
        collection; and
          (4) perform such other functions and duties related 
        to intelligence affecting the national security as the 
        President or the Director of National Intelligence may 
        direct.
  (e) Termination of Employment of CIA Employees.--(1) 
Notwithstanding the provisions of any other law, the Director 
of the Central Intelligence Agency may, in the discretion of 
the Director, terminate the employment of any officer or 
employee of the Central Intelligence Agency whenever the 
Director deems the termination of employment of such officer or 
employee necessary or advisable in the interests of the United 
States.
  (2) Any termination of employment of an officer or employee 
under paragraph (1) shall not affect the right of the officer 
or employee to seek or accept employment in any other 
department, agency, or element of the United States Government 
if declared eligible for such employment by the Office of 
Personnel Management.
  (f) Coordination With Foreign Governments.--Under the 
direction of the Director of National Intelligence and in a 
manner consistent with section 207 of the Foreign Service Act 
of 1980 (22 U.S.C. 3927), the Director of the Central 
Intelligence Agency shall coordinate the relationships between 
elements of the intelligence community and the intelligence or 
security services of foreign governments or international 
organizations on all matters involving intelligence related to 
the national security or involving intelligence acquired 
through clandestine means.
  [(g) Foreign Language Proficiency for Certain Senior Level 
Positions in Central Intelligence Agency.--(1) Except as 
provided pursuant to paragraph (2), an individual in the 
Directorate of Intelligence career service or the National 
Clandestine Service career service may not be appointed or 
promoted to a position in the Senior Intelligence Service in 
the Directorate of Intelligence or the National Clandestine 
Service of the Central Intelligence Agency unless the Director 
of the Central Intelligence Agency determines that the 
individual has been certified as having a professional speaking 
and reading proficiency in a foreign language, such proficiency 
being at least level 3 on the Interagency Language Roundtable 
Language Skills Level or commensurate proficiency level using 
such other indicator of proficiency as the Director of the 
Central Intelligence Agency considers appropriate.
  [(2) The Director of the Central Intelligence Agency may, in 
the discretion of the Director, waive the application of 
paragraph (1) to any position, category of positions, or 
occupation otherwise covered by that paragraph if the Director 
determines that foreign language proficiency is not necessary 
for the successful performance of the duties and 
responsibilities of such position, category of positions, or 
occupation.]

           *       *       *       *       *       *       *


RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO THE NATIONAL 
                          INTELLIGENCE PROGRAM

  Sec. 105. (a) In General.--Consistent with sections 102 and 
102A, the Secretary of Defense, in consultation with the 
Director of National Intelligence, shall--
          (1) ensure that the budgets of the elements of the 
        intelligence community within the Department of Defense 
        are adequate to satisfy the overall intelligence needs 
        of the Department of Defense, including the needs of 
        the chairman of the Joint Chiefs of Staff and the 
        commanders of the unified and specified commands and, 
        wherever such elements are performing governmentwide 
        functions, the needs of other departments and agencies;
          (2) ensure appropriate implementation of the policies 
        and resource decisions of the Director by elements of 
        the Department of Defense within the National 
        Intelligence Program;
          (3) ensure that the tactical intelligence activities 
        of the Department of Defense complement and are 
        compatible with intelligence activities under the 
        National Intelligence Program;
          (4) ensure that the elements of the intelligence 
        community within the Department of Defense are 
        responsive and timely with respect to satisfying the 
        needs of operational military forces;
          (5) eliminate waste and unnecessary duplication among 
        the intelligence activities of the Department of 
        Defense; and
          (6) ensure that intelligence activities of the 
        Department of Defense are conducted jointly where 
        appropriate.
  (b) Responsibility for the Performance of Specific 
Functions.--Consistent with sections 102 and 102A of this Act, 
the Secretary of Defense, in consultation with the Director of 
National Intelligence, shall ensure--
          (1) through the National Security Agency (except as 
        otherwise directed by the President or the National 
        Security Council), the continued operation of an 
        effective unified organization for the conduct of 
        signals intelligence activities and shall ensure that 
        the product is disseminated in a timely manner to 
        authorized recipients;
          (2) through the National Geospatial-Intelligence 
        Agency (except as otherwise directed by the President 
        or the National Security Council), with appropriate 
        representation from the intelligence community, the 
        continued operation of an effective unified 
        organization within the Department of Defense--
                  (A) for carrying out tasking of imagery 
                collection;
                  (B) for the coordination of imagery 
                processing and exploitation activities;
                  (C) for ensuring the dissemination of imagery 
                in a timely manner to authorized recipients; 
                and
                  (D) notwithstanding any other provision of 
                law, for--
                          (i) prescribing technical 
                        architecture and standards related to 
                        imagery intelligence and geospatial 
                        information and ensuring compliance 
                        with such architecture and standards; 
                        and
                          (ii) developing and fielding systems 
                        of common concern related to imagery 
                        intelligence and geospatial 
                        information;
          (3) through the National Reconnaissance Office 
        (except as otherwise directed by the President or the 
        National Security Council), the continued operation of 
        an effective unified organization for the research and 
        development, acquisition, and operation of overhead 
        reconnaissance systems necessary to satisfy the 
        requirements of all elements of the intelligence 
        community;
          (4) through the Defense Intelligence Agency (except 
        as otherwise directed by the President or the National 
        Security Council), the continued operation of an 
        effective unified system within the Department of 
        Defense for the production of timely, objective 
        military and military-related intelligence, based upon 
        all sources available to the intelligence community, 
        and shall ensure the appropriate dissemination of such 
        intelligence to authorized recipients;
          (5) through the Defense Intelligence Agency (except 
        as otherwise directed by the President or the National 
        Security Council), effective management of Department 
        of Defense human intelligence and counterintelligence 
        activities, including defense attaches; and
          (6) that the military departments maintain sufficient 
        capabilities to collect and produce intelligence to 
        meet--
                  (A) the requirements of the Director of 
                National Intelligence;
                  (B) the requirements of the Secretary of 
                Defense or the Chairman of the Joint Chiefs of 
                Staff;
                  (C) the requirements of the unified and 
                specified combatant commands and of joint 
                operations; and
                  (D) the specialized requirements of the 
                military departments for intelligence necessary 
                to support tactical commanders, military 
                planners, the research and development process, 
                the acquisition of military equipment, and 
                training and doctrine.
  (c) Expenditure of Funds by the Defense Intelligence 
Agency.--(1) Subject to paragraphs (2) and (3), the Director of 
the Defense Intelligence Agency may expend amounts made 
available to the Director under the National Intelligence 
Program for human intelligence and counterintelligence 
activities for objects of a confidential, extraordinary, or 
emergency nature, without regard to the provisions of law or 
regulation relating to the expenditure of Government funds.
  (2) The Director of the Defense Intelligence Agency may not 
expend more than five percent of the amounts made available to 
the Director under the National Intelligence Program for human 
intelligence and counterintelligence activities for a fiscal 
year for objects of a confidential, extraordinary, or emergency 
nature in accordance with paragraph (1) during such fiscal year 
unless--
          (A) the Director notifies the congressional 
        intelligence committees, the Committee on Armed 
        Services of the Senate, and the Committee on Armed 
        Services of the House of Representatives of the intent 
        to expend the amounts; and
          (B) 30 days have elapsed from the date on which the 
        Director notifies the congressional intelligence 
        committees, the Committee on Armed Services of the 
        Senate, and the Committee on Armed Services of the 
        House of Representatives in accordance with 
        subparagraph (A).
  (3) For each expenditure referred to in paragraph (1), the 
Director shall certify that such expenditure was made for an 
object of a confidential, extraordinary, or emergency nature.
  (4) Not later than December 31 of each year, the Director of 
the Defense Intelligence Agency shall submit to the 
congressional intelligence committees, the Committee on Armed 
Services of the Senate, and the Committee on Armed Services of 
the House of Representatives a report on any expenditures made 
during the preceding fiscal year in accordance with paragraph 
(1).
  (d) Use of Elements of Department of Defense.--The Secretary 
of Defense, in carrying out the functions described in this 
section, may use such elements of the Department of Defense as 
may be appropriate for the execution of those functions, in 
addition to, or in lieu of, the elements identified in this 
section.

           *       *       *       *       *       *       *


     appointment of officials responsible for intelligence-related 
                               activities

  sec. 106 (a) Recommendation of DNI in Certain Appointments.--
(1) In the event of a vacancy in a position referred to in 
paragraph (2), the Director of National Intelligence shall 
recommend to the President an individual for nomination to fill 
the vacancy.
  (2) Paragraph (1) applies to the following positions:
          (A) The Principal Deputy Director of National 
        Intelligence.
          (B) The Director of the Central Intelligence Agency.
  (b) Concurrence of DNI in Appointments to Positions in the 
Intelligence Community.--(1) In the event of a vacancy in a 
position referred to in paragraph (2), the head of the 
department or agency having jurisdiction over the position 
shall obtain the concurrence of the Director of National 
Intelligence before appointing an individual to fill the 
vacancy or recommending to the President an individual to be 
nominated to fill the vacancy. If the Director does not concur 
in the recommendation, the head of the department or agency 
concerned may not fill the vacancy or make the recommendation 
to the President (as the case may be). In the case in which the 
Director does not concur in such a recommendation, the Director 
and the head of the department or agency concerned may advise 
the President directly of the intention to withhold concurrence 
or to make a recommendation, as the case may be.
  (2) Paragraph (1) applies to the following positions:
          (A) The Director of the National Security Agency.
          (B) The Director of the National Reconnaissance 
        Office.
          (C) The Director of the National Geospatial-
        Intelligence Agency.
          (D) The Assistant Secretary of State for Intelligence 
        and Research.
          (E) The Director of the Office of Intelligence and 
        Counterintelligence of the Department of Energy.
          [(F) The Director of the Office of 
        Counterintelligence of the Department of Energy.]
          [(G)] (F) The Assistant Secretary for Intelligence 
        and Analysis of the Department of the Treasury.
          [(H)] (G) The Executive Assistant Director for 
        Intelligence of the Federal Bureau of Investigation or 
        any successor to that position.
          [(I)] (H) The Under Secretary of Homeland Security 
        for Intelligence and Analysis.
  (c) Consultation With DNI in Certain Positions.--(1) In the 
event of a vacancy in a position referred to in paragraph (2), 
the head of the department or agency having jurisdiction over 
the position shall consult with the Director of National 
Intelligence before appointing an individual to fill the 
vacancy or recommending to the President an individual to be 
nominated to fill the vacancy.
  (2) Paragraph (1) applies to the following positions:
          (A) The Director of the Defense Intelligence Agency.
          (B) The Assistant Commandant of the Coast Guard for 
        Intelligence.
          (C) The Assistant Attorney General designated as the 
        Assistant Attorney General for National Security under 
        section 507A of title 28, United States Code.

SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.

  (a) In General.--There is a Director of the National 
Reconnaissance Office.
  (b) Appointment.--The Director of the National Reconnaissance 
Office shall be appointed by the President, by and with the 
advice and consent of the Senate.
  (c) Functions and Duties.--The Director of the National 
Reconnaissance Office shall be the head of the National 
Reconnaissance Office and shall discharge such functions and 
duties as are provided by this Act or otherwise by law or 
executive order.
  (d) Advisory Board.--
          (1) Establishment.--There is established in the 
        National Reconnaissance Office an advisory board (in 
        this section referred to as the ``Board'').
          (2) Duties.--The Board shall--
                  (A) study matters relating to the mission of 
                the National Reconnaissance Office, including 
                with respect to space, overhead reconnaissance, 
                acquisition, and other matters; and
                  (B) advise and report directly the Director 
                with respect to such matters.
          (3) Members.--
                  (A) Number and appointment.--The Board shall 
                be composed of 5 members appointed by the 
                Director from among individuals with 
                demonstrated academic, government, business, or 
                other expertise relevant to the mission and 
                functions of the National Reconnaissance 
                Office.
                  (B) Terms.--Each member shall be appointed 
                for a term of 2 years. Except as provided by 
                subparagraph (C), a member may not serve more 
                than 3 terms.
                  (C) Vacancy.--Any member appointed to fill a 
                vacancy occurring before the expiration of the 
                term for which the member's predecessor was 
                appointed shall be appointed only for the 
                remainder of that term. A member may serve 
                after the expiration of that member's term 
                until a successor has taken office.
                  (D) Chair.--The Board shall have a Chair, who 
                shall be appointed by the Director from among 
                the members.
                  (E) Travel expenses.--Each member shall 
                receive travel expenses, including per diem in 
                lieu of subsistence, in accordance with 
                applicable provisions under subchapter I of 
                chapter 57 of title 5, United States Code.
                  (F) Executive secretary.--The Director may 
                appoint an executive secretary, who shall be an 
                employee of the National Reconnaissance Office, 
                to support the Board.
          (4) Meetings.--The Board shall meet not less than 
        quarterly, but may meet more frequently at the call of 
        the Director.
          (5) Reports.--Not later than March 31 of each year, 
        the Board shall submit to the Director and to the 
        congressional intelligence committees a report on the 
        activities of the Board during the preceding year.
          (6) Nonapplicability of certain requirements.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall 
        not apply to the Board.

                   [national security resources board

  [Sec. 107. (a) The Director of the Office of Defense 
Mobilization, subject to the direction of the President, is 
authorized, subject to the civil-service laws and the 
Classification Act of 1949, to appoint and fix the compensation 
of such personnel as may be necessary to assist the Director in 
carrying out his functions.
  [(b) It shall be the function of the Director of the Office 
of Defense Mobilization to advise the President concerning the 
coordination of military, industrial, and civilian 
mobilization, including--
          [(1) policies concerning industrial and civilian 
        mobilization in order to assure the most effective 
        mobilization and maximum utilization of the Nation's 
        manpower in the event of war.
          [(2) programs for the effective use in time of war of 
        the Nation's natural and industrial resources for 
        military and civilian needs, for the maintenance and 
        stabilization of the civilian economy in time of war, 
        and for the adjustment of such economy to war needs and 
        conditions;
          [(3) policies for unifying, in time of war, the 
        activities of Federal agencies and departments engaged 
        in or concerned with production, procurement, 
        distribution, or transportation of military or civilian 
        supplies, materials, and products;
          [(4) the relationship between potential supplies of, 
        and potential requirements for, manpower, resources, 
        and productive facilities in time of war;
          [(5) policies for establishing adequate reserves of 
        strategic and critical material, and for the 
        conservation of these reserves;
          [(6) the strategic relocation of industries, 
        services, government, and economic activities, the 
        continuous operation of which is essential to the 
        Nation's security.
  [(c) In performing his functions, the Director of the Office 
of Defense Mobilization shall utilize to the maximum extent the 
facilities and resources of the departments and agencies of the 
Government.]

                annual national security strategy report

  Sec. 108. (a)(1) The President shall transmit to Congress 
each year a comprehensive report on the national security 
strategy of the United States (hereinafter in this section 
referred to as a national security strategy report'').
  (2) The national security strategy report for any year shall 
be transmitted on the date on which the President submits to 
Congress the budget for the next fiscal year under section 1105 
of title 31, United States Code.
  (3) Not later than 150 days after the date on which a new 
President takes office, the President shall transmit to 
Congress a national security strategy report under this 
section. That report shall be in addition to the report for 
that year transmitted at the time specified in paragraph (2).
  (b) Each national security strategy report shall set forth 
the national security strategy of the United States and shall 
include a comprehensive description and discussion of the 
following:
          (1) The worldwide interests, goals, and objectives of 
        the United States that are vital to the national 
        security of the United States.
          (2) The foreign policy, worldwide commitments, and 
        national defense capabilities of the United States 
        necessary to deter aggression and to implement the 
        national security strategy of the United States.
          (3) The proposed short-term and long-term uses of the 
        political, economic, military, and other elements of 
        the national power of the United States to protect or 
        promote the interests and achieve the goals and 
        objectives referred to in paragraph (1).
          (4) The adequacy of the capabilities of the United 
        States to carry out the national security strategy of 
        the United States, including an evaluation of the 
        balance among the capabilities of all elements of the 
        national power of the United States to support the 
        implementation of the national security strategy.
          (5) Such other information as may be necessary to 
        help inform Congress on matters relating to the 
        national security strategy of the United States.
  (c) Each national security strategy report shall be 
transmitted [in both a classified and an unclassified form] to 
Congress in classified form, but may include an unclassified 
summary.

           *       *       *       *       *       *       *


      restrictions on intelligence sharing with the united nations

  Sec. 112. (a) Provision of Intelligence Information to the 
United Nations.--(1) No United States intelligence information 
may be provided to the United Nations or any organization 
affiliated with the United Nations, or to any officials or 
employees thereof, unless the President certifies to the 
appropriate committees of Congress that the Director of 
National Intelligence, in consultation with the Secretary of 
State and the Secretary of Defense, has established and 
implemented procedures, and has worked with the United Nations 
to ensure implementation of procedures, for protecting from 
unauthorized disclosure United States intelligence sources and 
methods connected to such information.
  (2) Paragraph (1) may be waived upon written certification by 
the President to the appropriate committees of Congress that 
providing such information to the United Nations or an 
organization affiliated with the United Nations, or to any 
officials or employees thereof, is in the national security 
interests of the United States.
  (b) Delegation of Duties.--The President may not delegate or 
assign the duties of the President under this section.
  (c) Relationship to Existing Law.--Nothing in this section 
shall be construed to--
          (1) impair or otherwise affect the authority of the 
        Director of National Intelligence to protect 
        intelligence sources and 
        methods from unauthorized disclosure pursuant to 
        [section 103(c)(7)] section 102A(i) of this Act; or
          (2) supersede or otherwise affect the provisions of 
        title V of this Act.
  (d) Definition.--As used in this section, the term 
``appropriate committees of Congress'' means the Committee on 
Foreign Relations and the Select Committee on Intelligence of 
the Senate and the Committee on Foreign Relations and the 
Permanent Select Committee on Intelligence of the House of 
Representatives.

           *       *       *       *       *       *       *


SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY, ENGINEERING, 
                    OR MATHEMATICS POSITIONS.

  [(a) Authority to Set Special Rates of Pay.--Notwithstanding 
part III of title 5, United States Code, the head of each 
element of the intelligence community may establish higher 
minimum rates of pay for 1 or more categories of positions in 
such element that require expertise in science, technology, 
engineering, or mathematics (STEM).]
  (a) Special Rates of Pay for Positions Requiring Expertise in 
Science, Technology, Engineering, or Mathematics.--
          (1) In general.--Notwithstanding part III of title 5, 
        United States Code, the head of each element of the 
        intelligence community may, for 1 or more categories of 
        positions in such element that require expertise in 
        science, technology, engineering, or mathematics--
                  (A) establish higher minimum rates of pay; 
                and
                  (B) make corresponding increases in all rates 
                of pay of the pay range for each grade or 
                level, subject to subsection (b) or (c), as 
                applicable.
          (2) Treatment.--The special rate supplements 
        resulting from the establishment of higher rates under 
        paragraph (1) shall be basic pay for the same or 
        similar purposes as those specified in section 5305(j) 
        of title 5, United States Code.
  (b) Special Rates of Pay for Cyber Positions.--
          (1) In general.--Notwithstanding subsection (c), the 
        Director of the National Security Agency may establish 
        a special rate of pay--
                  (A) not to exceed the rate of basic pay 
                payable for level II of the Executive Schedule 
                under section 5313 of title 5, United States 
                Code, if the Director certifies to the Under 
                Secretary of Defense for Intelligence, in 
                consultation with the Under Secretary of 
                Defense for Personnel and Readiness, that the 
                rate of pay is for positions that perform 
                functions that execute the cyber mission of the 
                Agency; or
                  (B) not to exceed the rate of basic pay 
                payable for the Vice President of the United 
                States under section 104 of title 3, United 
                States Code, if the Director certifies to the 
                Secretary of Defense, by name, individuals that 
                have advanced skills and competencies and that 
                perform critical functions that execute the 
                cyber mission of the Agency.
          (2) Pay limitation.--Employees receiving a special 
        rate under paragraph (1) shall be subject to an 
        aggregate pay limitation that parallels the limitation 
        established in section 5307 of title 5, United States 
        Code, except that--
                  (A) any allowance, differential, bonus, 
                award, or other similar cash payment in 
                addition to basic pay that is authorized under 
                title 10, United States Code, (or any other 
                applicable law in addition to title 5 of such 
                Code, excluding the Fair Labor Standards Act of 
                1938 (29 U.S.C. 201 et seq.)) shall also be 
                counted as part of aggregate compensation; and
                  (B) aggregate compensation may not exceed the 
                rate established for the Vice President of the 
                United States under section 104 of title 3, 
                United States Code.
          (3) Limitation on number of recipients.--The number 
        of individuals who receive basic pay established under 
        paragraph (1)(B) may not exceed 100 at any time.
          (4) Limitation on use as comparative reference.--
        Notwithstanding any other provision of law, special 
        rates of pay and the limitation established under 
        paragraph (1)(B) may not be used as comparative 
        references for the purpose of fixing the rates of basic 
        pay or maximum pay limitations of qualified positions 
        under section 1599f of title 10, United States Code, or 
        section 226 of the Homeland Security Act of 2002 (6 
        U.S.C. 147).
  [(b)] (c) Maximum Special Rate of Pay.--[A minimum] Except as 
provided in subsection (b), a minimum rate of pay established 
for a category of positions under subsection (a) may not exceed 
the maximum rate of basic pay (excluding any locality-based 
comparability payment under section 5304 of title 5, United 
States Code, or similar provision of law) for the position in 
that category of positions without the authority of subsection 
(a) by more than 30 percent, and no rate may be established 
under this section in excess of the rate of basic pay payable 
for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code.
  [(c)] (d) Notification of Removal From Special Rate of Pay.--
If the head of an element of the intelligence community removes 
a category of positions from coverage under a rate of pay 
authorized by subsection (a) or (b) after that rate of pay 
takes effect--
          (1) the head of such element shall provide notice of 
        the loss of coverage of the special rate of pay to each 
        individual in such category; and
          (2) the loss of coverage will take effect on the 
        first day of the first pay period after the date of the 
        notice.
  [(d)] (e) Revision of Special Rates of Pay.--Subject to the 
limitations in this section, rates of pay established under 
this section by the head of the element of the intelligence 
community may be revised from time to time by the head of such 
element and the revisions have the force and effect of statute.
  [(e)] (f) Regulations.--The head of each element of the 
intelligence community shall promulgate regulations to carry 
out this section with respect to such element, which shall, to 
the extent practicable, be comparable to the regulations 
promulgated to carry out section 5305 of title 5, United States 
Code.
  [(f)] (g) Reports.--
          (1) Requirement for reports.--[Not later than 90 days 
        after the date of the enactment of the Intelligence 
        Authorization Act for Fiscal Year 2017] Not later than 
        90 days after the date of the enactment of the 
        Intelligence Authorization Act for Fiscal Year 2019, 
        the head of each element of the intelligence community 
        shall submit to the congressional intelligence 
        committees a report on any rates of pay established for 
        such element under this section.
          (2) Contents.--Each report required by paragraph (1) 
        shall contain for each element of the intelligence 
        community--
                  (A) a description of any rates of pay 
                established under subsection (a) or (b); and
                  (B) the number of positions in such element 
                that will be subject to such rates of pay.

           *       *       *       *       *       *       *


                  TITLE II--THE DEPARTMENT OF DEFENSE

  [Sec. 201.
  [(d) Except to the extent inconsistent with the provisions of 
this Act, the provisions of title IV of the Revised Statutes as 
now of hereafter amended shall be applicable to the Department 
of Defense.]

SEC. 201. DEPARTMENT OF DEFENSE.

  Except to the extent inconsistent with the provisions of this 
Act or other provisions of law, the provisions of title 5, 
United States Code, shall be applicable to the Department of 
Defense.

                         department of the army

  Sec. 205. [(b)] (a) All laws, orders, regulations, and other 
actions relating to the Department of War or to any officer or 
activity whose title is changed under this section shall, 
insofar as they are not inconsistent with the provisions of 
this Act, be deemed to relate to the Department of the Army 
within the Department of Defense or to such officer or activity 
designated by his or its new title.
  [(c)] (b) the term ``Department of the Army'' as used in this 
Act shall be construed to mean the Department of the Army at 
the seat of government and all field headquarters, forces, 
reserve components, installations, activities, and functions 
under the control or supervision of the Department of the Army.

                         department of the navy

  Sec. 206. [(a)] The term ``Department of the Navy'' as used 
in this Act shall be construed to mean the Department of the 
Navy at the seat of government; the headquarters, United States 
Marine Corps; the entire operating forces of the United States 
Navy, including naval aviation, and of the United States Marine 
Corps, including the reserve components of such forces; all 
field activities, headquarters, forces, bases, installations, 
activities and functions under the control or supervision of 
the Department of the Navy; and the United States Coast Guard 
when operating as a part of the Navy pursuant to law.

                      department of the air force

  Sec. 207. [(c)] The term ``Department of the Air Force'' as 
used in this Act shall be construed to mean the Department of 
the Air Force at the seat of government and all field 
headquarters, forces, reserve components, installations, 
activities, and functions under the control or supervision of 
the Department of the Air Force.

TITLE III--MISCELLANEOUS

           *       *       *       *       *       *       *


                              definitions

  Sec. 308. (a) As used in [this Act] sections 2, 101, 102, 
103, and 303 of this Act, the term ``function'' includes 
functions, powers, and duties.
  (b) As used in this Act, the term, ``Department of Defense'' 
shall be deemed to include the military departments of the 
Army, the Navy, and the Air Force, and all agencies created 
under title II of this Act.

           *       *       *       *       *       *       *


                    repealing and saving provisions

  Sec. [411.]  312. All laws, orders, and regulations 
inconsistent with the provisions of this title are repealed 
insofar as they are inconsistent with the powers, duties, and 
responsibilities enacted hereby: Provided, That the powers, 
duties, and responsibilities of the Secretary of Defense under 
this title shall be administered in conformance with the policy 
and requirements for administration of budgetary and fiscal 
matters in the Government generally, including accounting and 
financial reporting, and that nothing in this title shall be 
construed as eliminating or modifying the powers, duties, and 
responsibilities of any other department, agency, or officer of 
the Government in connection with such matters, but no such 
department, agency, or officer shall exercise any such powers, 
duties, or responsibilities in a manner that will render 
ineffective the provisions of this title.

TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

           *       *       *       *       *       *       *


         presidential approval and reporting of covert actions

  Sec. 503. (a) The President may not authorize the conduct of 
a covert action by departments, agencies, or entities of the 
United States Government unless the President determines such 
an action is necessary to support identifiable foreign policy 
objectives of the United States and is important to the 
national security of the United States, which determination 
shall be set forth in a finding that shall meet each of the 
following conditions:
          (1) Each finding shall be in writing, unless 
        immediate action by the United States is required and 
        time does not permit the preparation of a written 
        finding, in which case a written record of the 
        President's decision shall be contemporaneously made 
        and shall be reduced to a written finding as soon as 
        possible but in no event more than 48 hours after the 
        decision is made.
  (2) Except as permitted by paragraph (1), a finding may not 
authorize or sanction a covert action, or any aspect of any 
such action, which already has occurred.
          (3) Each finding shall specify each department, 
        agency, or entity of the United States Government 
        authorized to fund or otherwise participate in any 
        significant way in such action. Any employee, 
        contractor, or contract agent of a department, agency, 
        or entity of the United States Government other than 
        the Central Intelligence Agency directed to participate 
        in any way in a covert action shall be subject either 
        to the policies and regulations of the Central 
        Intelligence Agency, or to written policies or 
        regulations adopted by such department, agency, or 
        entity, to govern such participation.
          (4) Each finding shall specify whether it is 
        contemplated that any third party which is not an 
        element of, or a contractor or contract agent of, the 
        United States Government, or is not otherwise subject 
        to United States Government policies and regulations, 
        will be used to fund or otherwise participate in any 
        significant way in the covert action concerned, or be 
        used to undertake the covert action concerned on behalf 
        of the United States.
  (5) A finding may not authorize any action that would violate 
the Constitution or any statute of the United States.
  (b) To the extent consistent with due regard for the 
protection from unauthorized disclosure of classified 
information relating to sensitive intelligence sources and 
methods or other exceptionally sensitive matters, the Director 
of National Intelligence and the heads of all departments, 
agencies, and entities of the United States Government involved 
in a covert action--
          (1) shall keep the congressional intelligence 
        committees fully and currently informed of all covert 
        actions which are the responsibility of, are engaged in 
        by, or are carried out for or on behalf of, any 
        department, agency, or entity of the United States 
        Government, including significant failures; and
  (2) shall furnish to the congressional intelligence 
committees any information or material concerning covert 
actions (including the legal basis under which the covert 
action is being or was conducted) which is in the possession, 
custody, or control of any department, agency, or entity of the 
United States Government and which is requested by either of 
the congressional intelligence committees in order to carry out 
its authorized responsibilities.
  (c)(1) The President shall ensure that any finding approved 
pursuant to subsection (a) shall be reported in writing to the 
congressional intelligence committees as soon as possible after 
such approval and before the initiation of the covert action 
authorized by the finding, except as otherwise provided in 
paragraph (2) and paragraph (3).
  (2) If the President determines that it is essential to limit 
access to the finding to meet extraordinary circumstances 
affecting vital interests of the United States, the finding may 
be reported to the chairmen and ranking minority members of the 
congressional intelligence committees, the Speaker and minority 
leader of the House of Representatives, the majority and 
minority leaders of the Senate, and such other member or 
members of the congressional leadership as may be included by 
the President.
  (3) Whenever a finding is not reported pursuant to paragraph 
(1) or (2) of this section, the President shall fully inform 
the congressional intelligence committees in a timely fashion 
and shall provide a statement of the reasons for not giving 
prior notice.
  (4) In a case under paragraph (1), (2), or (3), a copy of the 
finding, signed by the President, shall be provided to the 
chairman of each congressional intelligence committee.
  (5)(A) When access to a finding, or a notification provided 
under subsection (d)(1), is limited to the Members of Congress 
specified in paragraph (2), a written statement of the reasons 
for limiting such access shall also be provided.
          (B) Not later than 180 days after a statement of 
        reasons is submitted in accordance with subparagraph 
        (A) or this subparagraph, the President shall ensure 
        that--
                  (i) all members of the congressional 
                intelligence committees are provided access to 
                the finding or notification; or
                  (ii) a statement of reasons that it is 
                essential to continue to limit access to such 
                finding or such notification to meet 
                extraordinary circumstances affecting vital 
                interests of the United States is submitted to 
                the Members of Congress specified in paragraph 
                (2).
  (d)(1) The President shall ensure that the congressional 
intelligence committees, or, if applicable, the Members of 
Congress specified in subsection (c)(2), are notified in 
writing of any significant change in a previously approved 
covert action, or any significant undertaking pursuant to a 
previously approved finding, in the same manner as findings are 
reported pursuant to subsection (c).
  (2) In determining whether an activity constitutes a 
significant undertaking for purposes of paragraph (1), the 
President shall consider whether the activity--
          (A) involves significant risk of loss of life;
          (B) requires an expansion of existing authorities, 
        including authorities relating to research, 
        development, or operations;
          (C) results in the expenditure of significant funds 
        or other resources;
          (D) requires notification under section 504;
          (E) gives rise to a significant risk of disclosing 
        intelligence sources or methods; or
          (F) presents a reasonably foreseeable risk of serious 
        damage to the diplomatic relations of the United States 
        if such activity were disclosed without authorization.
  (e) As used in this title, the term ``covert action'' means 
an activity or activities of the United States Government to 
influence political, economic, or military conditions abroad, 
where it is intended that the role of the United States 
Government will not be apparent or acknowledged publicly, but 
does not include--
          (1) activities the primary purpose of which is to 
        acquire intelligence, traditional counterintelligence 
        activities, traditional activities to improve or 
        maintain the operational security of United States 
        Government programs, or administrative activities;
  (2) traditional diplomatic or military activities or routine 
support to such activities;
          (3) traditional law enforcement activities conducted 
        by United States Government law enforcement agencies or 
        routine support to such activities; or
          (4) activities to provide routine support to the 
        overt activities (other than activities described in 
        paragraph (1), (2), or (3)) of other United States 
        Government agencies abroad.
  (f) No covert action may be conducted which is intended to 
influence United States political processes, public opinion, 
policies, or media.
  (g)(1) In any case where access to a finding reported under 
subsection (c) or notification provided under subsection (d)(1) 
is not made available to all members of a congressional 
intelligence committee in accordance with subsection (c)(2), 
the President shall notify all members of such committee that 
such finding or such notification has been provided only to the 
members specified in subsection (c)(2).
  (2) In any case where access to a finding reported under 
subsection (c) or notification provided under subsection (d)(1) 
is not made available to all members of a congressional 
intelligence committee in accordance with subsection (c)(2), 
the President shall provide to all members of such committee a 
general description regarding the finding or notification, as 
applicable, consistent with the reasons for not yet fully 
informing all members of such committee.
  (3) The President shall maintain--
          (A) a record of the members of Congress to whom a 
        finding is reported under subsection (c) or 
        notification is provided under subsection (d)(1) and 
        the date on which each member of Congress receives such 
        finding or notification; and
          (B) each written statement provided under subsection 
        (c)(5).
  (h) For each type of activity undertaken as part of a covert 
action, the President shall establish in writing a plan to 
respond to the unauthorized public disclosure of that type of 
activity.

                   funding of intelligence activities

  Sec. 504. (a) Appropriated funds available to an intelligence 
agency may be obligated or expended for an intelligence or 
intelligence-related activity only if--
          (1) those funds were specifically authorized by the 
        Congress for use for such activities; or
          (2) in the case of funds from the Reserve for 
        Contingencies of the Central Intelligence Agency and 
        consistent with the provisions of section 503 of this 
        Act concerning any significant anticipated intelligence 
        activity, the Director of the Central Intelligence 
        Agency has notified the appropriate congressional 
        committees of the intent to make such funds available 
        for such activity; or
          (3) in the case of funds specifically authorized by 
        the Congress for a different activity--
                  (A) the activity to be funded is a higher 
                priority intelligence or intelligence-related 
                activity;
                  (B) the use of such funds for such activity 
                supports an emergent need, improves program 
                effectiveness, or increases efficiency; and
                  (C) the Director of National Intelligence, 
                the Secretary of Defense, or the Attorney 
                General, as appropriate, has notified the 
                appropriate congressional committees of the 
                intent to make such funds available for such 
                activity;
          (4) nothing in this subsection prohibits obligation 
        or expenditure of funds available to an intelligence 
        agency in accordance with sections 1535 and 1536 of 
        title 31, United States Code.
  (b) Funds available to an intelligence agency may not be made 
available for any intelligence or intelligence-related activity 
for which funds were denied by the Congress.
  (c) No funds appropriated for, or otherwise available to, any 
department, agency, or entity of the United States Government 
may be expended, or may be directed to be expended, for any 
covert action, as defined in section 503(e), unless and until a 
Presidential finding required by subsection (a) of section 503 
has been signed or otherwise issued in accordance with that 
subsection.
  (d)(1) Except as otherwise specifically provided by law, 
funds available to an intelligence agency that are not 
appropriated funds may be obligated or expended for an 
intelligence or intelligence-related activity only if those 
funds are used for activities reported to the appropriate 
congressional committees pursuant to procedures which 
identify--
          (A) the types of activities for which nonappropriated 
        funds may be expended; and
          (B) the circumstances under which an activity must be 
        reported as a significant anticipated intelligence 
        activity before such funds can be expended.
  (2) Procedures for purposes of paragraph (1) shall be jointly 
agreed upon by the congressional intelligence committees and, 
as appropriate, the Director of National Intelligence or the 
Secretary of Defense.
  (e) As used in this section--
          (1) the term ``intelligence agency'' means any 
        department, agency, or other entity of the United 
        States involved in intelligence or intelligence-related 
        activities;
          (2) the term ``appropriate congressional committees'' 
        means the Permanent Select Committee on Intelligence 
        and the Committee on Appropriations of the House of 
        Representatives and the Select Committee on 
        Intelligence and the Committee on Appropriations of the 
        Senate; and
          (3) the term ``specifically authorized by the 
        Congress'' means that--
                  (A) the activity and the amount of funds 
                proposed to be used for that activity were 
                identified in a formal budget request to the 
                Congress, but funds shall be deemed to be 
                specifically authorized for that activity only 
                to the extent that the Congress both authorized 
                the funds to be appropriated for that activity 
                and appropriated the funds for that activity; 
                or
                  (B) although the funds were not formally 
                requested, the Congress both specifically 
                authorized the appropriation of the funds for 
                the activity and appropriated the funds for the 
                activity.

           *       *       *       *       *       *       *


                     reports on security clearances

  Sec. 506H. (a) Report on Security Clearance Determinations.--
(1) Not later than February 1 of each year, the President shall 
submit to Congress a report on the security clearance process. 
Such report shall include, for each security clearance level--
          (A) the number of employees of the United States 
        Government who--
                  (i) held a security clearance at such level 
                as of October 1 of the preceding year; and
                  (ii) were approved for a security clearance 
                at such level during the preceding fiscal year; 
                and
          (B) the number of contractors to the United States 
        Government who--
                  (i) held a security clearance at such level 
                as of October 1 of the preceding year; and
                  (ii) were approved for a security clearance 
                at such level during the preceding fiscal 
                year[; and].
          [(C) for each element of the intelligence community--
                  [(i) the total amount of time it took to 
                process the security clearance determination 
                for such level that--
                          [(I) was among the 80 percent of 
                        security clearance determinations made 
                        during the preceding fiscal year that 
                        took the shortest amount of time to 
                        complete; and
                          [(II) took the longest amount of time 
                        to complete;
                  [(ii) the total amount of time it took to 
                process the security clearance determination 
                for such level that--
                          [(I) was among the 90 percent of 
                        security clearance determinations made 
                        during the preceding fiscal year that 
                        took the shortest amount of time to 
                        complete; and
                          [(II) took the longest amount of time 
                        to complete;
                  [(iii) the number of pending security 
                clearance investigations for such level as of 
                October 1 of the preceding year that have 
                remained pending for--
                          [(I) 4 months or less;
                          [(II) between 4 months and 8 months;
                          [(III) between 8 months and one year; 
                        and
                          [(IV) more than one year;
                  [(iv) the percentage of reviews during the 
                preceding fiscal year that resulted in a denial 
                or revocation of a security clearance;
                  [(v) the percentage of investigations during 
                the preceding fiscal year that resulted in 
                incomplete information;
                  [(vi) the percentage of investigations during 
                the preceding fiscal year that did not result 
                in enough information to make a decision on 
                potentially adverse information; and
                  [(vii) for security clearance determinations 
                completed or pending during the preceding 
                fiscal year that have taken longer than one 
                year to complete--
                          [(I) the number of security clearance 
                        determinations for positions as 
                        employees of the United States 
                        Government that required more than one 
                        year to complete;
                          [(II) the number of security 
                        clearance determinations for 
                        contractors that required more than one 
                        year to complete;
                          [(III) the agencies that investigated 
                        and adjudicated such determinations; 
                        and
                          [(IV) the cause of significant delays 
                        in such determinations.]
  (2) For purposes of paragraph (1), the President may 
consider--
          (A) security clearances at the level of confidential 
        and secret as one security clearance level; and
          (B) security clearances at the level of top secret or 
        higher as one security clearance level.
  (b) Intelligence Community Reports.--(1) Not later than March 
1 of each year, the Director of National Intelligence shall 
submit to the congressional intelligence committees, the 
Committee on Homeland Security and Governmental Affairs of the 
Senate, and the Committee on Homeland Security of the House of 
Representatives a report on the security clearances processed 
by each element of the intelligence community during the 
preceding fiscal year. Each such report shall separately 
identify security clearances processed for Federal employees 
and contractor employees sponsored by each such element.
  (2) Each report submitted under paragraph (1) shall include 
each of the following for each element of the intelligence 
community for the fiscal year covered by the report:
          (A) The total number of initial security clearance 
        background investigations sponsored for new applicants.
          (B) The total number of security clearance periodic 
        reinvestigations sponsored for existing employees.
          (C) The total number of initial security clearance 
        background investigations for new applicants that were 
        adjudicated with notice of a determination provided to 
        the prospective applicant, including--
                  (i) the total number that were adjudicated 
                favorably and granted access to classified 
                information; and
                  (ii) the total number that were adjudicated 
                unfavorably and resulted in a denial or 
                revocation of a security clearance.
          (D) The total number of security clearance periodic 
        background investigations that were adjudicated with 
        notice of a determination provided to the existing 
        employee, including--
                  (i) the total number that were adjudicated 
                favorably; and
                  (ii) the total number that were adjudicated 
                unfavorably and resulted in a denial or 
                revocation of a security clearance.
          (E) The total number of pending security clearance 
        background investigations, including initial applicant 
        investigations and periodic reinvestigations, that were 
        not adjudicated as of the last day of such year and 
        that remained pending as follows:
                  (i) For 180 days or less.
                  (ii) For 180 days or longer, but less than 12 
                months.
                  (iii) For 12 months or longer, but less than 
                18 months.
                  (iv) For 18 months or longer, but less than 
                24 months.
                  (v) For 24 months or longer.
          (F) In the case of security clearance determinations 
        completed or pending during the year preceding the year 
        for which the report is submitted that have taken 
        longer than 12 months to complete--
                  (i) an explanation of the causes for the 
                delays incurred during the period covered by 
                the report; and
                  (ii) the number of such delays involving a 
                polygraph requirement.
          (G) The percentage of security clearance 
        investigations, including initial and periodic 
        reinvestigations, that resulted in a denial or 
        revocation of a security clearance.
          (H) The percentage of security clearance 
        investigations that resulted in incomplete information.
          (I) The percentage of security clearance 
        investigations that did not result in enough 
        information to make a decision on potentially adverse 
        information.
  (3) The report required under this subsection shall be 
submitted in unclassified form, but may include a classified 
annex.
  [(b)] (c) Form.--The reports required under [subsection 
(a)(1)] subsections (a)(1) and (b) shall be submitted in 
unclassified form, but may include a classified annex.

           *       *       *       *       *       *       *


TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED 
                    DISCLOSURES OF CLASSIFIED INFORMATION.

  (a) Intelligence Community Reporting.--
          (1) In general.--Not less frequently than once every 
        6 months, each covered official shall submit to the 
        congressional intelligence committees a report on 
        investigations of unauthorized public disclosures of 
        classified information.
          (2) Elements.--Each report submitted under paragraph 
        (1) shall include, with respect to the preceding 6-
        month period, the following:
                  (A) The number of investigations opened by 
                the covered official regarding an unauthorized 
                public disclosure of classified information.
                  (B) The number of investigations completed by 
                the covered official regarding an unauthorized 
                public disclosure of classified information.
                  (C) Of the number of such completed 
                investigations identified under subparagraph 
                (B), the number referred to the Attorney 
                General for criminal investigation.
  (b) Department of Justice Reporting.--
          (1) In general.--Not less frequently than once every 
        6 months, the Assistant Attorney General for National 
        Security of the Department of Justice, in consultation 
        with the Director of the Federal Bureau of 
        Investigation, shall submit to the congressional 
        intelligence committees, the Committee on the Judiciary 
        of the Senate, and the Committee on the Judiciary of 
        the House of Representatives a report on the status of 
        each referral made to the Department of Justice from 
        any element of the intelligence community regarding an 
        unauthorized disclosure of classified information made 
        during the most recent 365-day period or any referral 
        that has not yet been closed, regardless of the date 
        the referral was made.
          (2) Contents.--Each report submitted under paragraph 
        (1) shall include, for each referral covered by the 
        report, at a minimum, the following:
                  (A) The date the referral was received.
                  (B) A statement indicating whether the 
                alleged unauthorized disclosure described in 
                the referral was substantiated by the 
                Department of Justice.
                  (C) A statement indicating the highest level 
                of classification of the information that was 
                revealed in the unauthorized disclosure.
                  (D) A statement indicating whether an open 
                criminal investigation related to the referral 
                is active.
                  (E) A statement indicating whether any 
                criminal charges have been filed related to the 
                referral.
                  (F) A statement indicating whether the 
                Department of Justice has been able to 
                attribute the unauthorized disclosure to a 
                particular entity or individual.
  (c) Form of Reports.--Each report submitted under this 
section shall be submitted in unclassified form, but may have a 
classified annex.
  (d) Definitions.--In this section:
          (1) Covered official.--The term ``covered official'' 
        means--
                  (A) the heads of each element of the 
                intelligence community; and
                  (B) the inspectors general with oversight 
                responsibility for an element of the 
                intelligence community.
          (2) Investigation.--The term ``investigation'' means 
        any inquiry, whether formal or informal, into the 
        existence of an unauthorized public disclosure of 
        classified information.
          (3) Unauthorized disclosure of classified 
        information.--The term ``unauthorized disclosure of 
        classified information'' means any unauthorized 
        disclosure of classified information to any recipient.
          (4) Unauthorized public disclosure of classified 
        information.--The term ``unauthorized public disclosure 
        of classified information'' means the unauthorized 
        disclosure of classified information to a journalist or 
        media organization.
                              ----------                              


              NATIONAL NUCLEAR SECURITY ADMINISTRATION ACT



           *       *       *       *       *       *       *
TITLE XXXII--NATIONAL NUCLEAR SECURITY ADMINISTRATION

           *       *       *       *       *       *       *


Subtitle A--Establishment and Organization

           *       *       *       *       *       *       *


SEC. 3212. ADMINISTRATOR FOR NUCLEAR SECURITY.

  (a) In General.--(1) There is at the head of the 
Administration an Administrator for Nuclear Security (in this 
title referred to as the ``Administrator'').
  (2) Pursuant to subsection (c) of section 202 of the 
Department of Energy Organization Act (42 U.S.C. 7132), the 
Under Secretary for Nuclear Security of the Department of 
Energy serves as the Administrator.
  (b) Functions.--The Administrator has authority over, and is 
responsible for, all programs and activities of the 
Administration (except for the functions of the Deputy 
Administrator for Naval Reactors specified in the Executive 
order referred to in section 3216(b)), including the following:
          (1) Strategic management.
          (2) Policy development and guidance.
          (3) Budget formulation, guidance, and execution, and 
        other financial matters.
          (4) Resource requirements determination and 
        allocation.
          (5) Program management and direction.
          (6) Safeguards and security.
          (7) Emergency management.
          (8) Integrated safety management.
          (9) Environment, safety, and health operations.
          (10) Administration of contracts, including the 
        management and operations of the nuclear weapons 
        production facilities and the national security 
        laboratories.
          [(11) Intelligence.
          [(12) Counterintelligence.]
          [(13)] (11) Personnel, including the selection, 
        appointment, distribution, supervision, establishing of 
        compensation, and separation of personnel in accordance 
        with subtitle C of this title.
          [(14)] (12) Procurement of services of experts and 
        consultants in accordance with section 3109 of title 5, 
        United States Code.
          [(15)] (13) Legal matters.
          [(16)] (14) Legislative affairs.
          [(17)] (15) Public affairs.
          [(18)] (16) Eliminating inventories of surplus 
        fissile materials usable for nuclear weapons.
          [(19)] (17) Liaison with other elements of the 
        Department of Energy and with other Federal agencies, 
        State, tribal, and local governments, and the public.
  (c) Procurement Authority.--The Administrator is the senior 
procurement executive for the Administration for the purposes 
of section 1702(c) of title 41, United States Code.
  (d) Policy Authority.--The Administrator may establish 
Administration-specific policies, unless disapproved by the 
Secretary of Energy.
  (e) Membership on Joint Nuclear Weapons Council.--The 
Administrator serves as a member of the Joint Nuclear Weapons 
Council under section 179 of title 10, United States Code.
  (f) Reorganization Authority.--Except as provided by 
subsections (b) and (c) of section 3291:
          (1) The Administrator may establish, abolish, alter, 
        consolidate, or discontinue any organizational unit or 
        component of the Administration, or transfer any 
        function of the Administration.
          (2) Such authority does not apply to the abolition of 
        organizational units or components established by law 
        or the transfer of functions vested by law in any 
        organizational unit or component.

           *       *       *       *       *       *       *


Subtitle B--Matters Relating to Security

           *       *       *       *       *       *       *


SEC. 3233. COUNTERINTELLIGENCE PROGRAMS.

  (a) National Security Laboratories and Nuclear Weapons 
Production Facilities.--The Secretary of Energy shall, at each 
national security laboratory and nuclear weapons production 
facility, establish and maintain a counterintelligence program 
adequate to protect national security information at that 
laboratory or production facility.
  (b) Other Facilities.--The Secretary of Energy shall, at each 
[Administration] Department facility not described in 
subsection (a) at which Restricted Data is located, assign an 
employee of the Office of Intelligence and Counterintelligence 
of the Department of Energy who shall be responsible for and 
assess counterintelligence matters at that facility.

           *       *       *       *       *       *       *

                              ----------                              


                       ATOMIC ENERGY DEFENSE ACT



           *       *       *       *       *       *       *
DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS

           *       *       *       *       *       *       *


TITLE XLV--SAFEGUARDS AND SECURITY MATTERS

           *       *       *       *       *       *       *


Subtitle B--Classified Information

           *       *       *       *       *       *       *


SEC. 4524. PROTECTION OF CLASSIFIED INFORMATION DURING LABORATORY-TO-
                    LABORATORY EXCHANGES.

  (a) Provision of Training.--The Secretary of Energy shall 
ensure that all Department of Energy employees and Department 
of Energy contractor employees participating in laboratory-to-
laboratory cooperative exchange activities are fully trained in 
matters relating to the protection of classified information 
and to potential espionage and counterintelligence threats.
  (b) Countering of Espionage and Intelligence-Gathering 
Abroad.--(1) The Secretary shall establish a pool of Department 
employees and Department contractor employees who are specially 
trained to counter threats of espionage and intelligence-
gathering by foreign nationals against Department employees and 
Department contractor employees who travel abroad for 
laboratory-to-laboratory exchange activities or other 
cooperative exchange activities on behalf of the Department.
  (2) The Director of Intelligence and Counterintelligence of 
the Department of Energy may assign at least one employee from 
the pool established under paragraph (1) to accompany a group 
of Department employees or Department contractor employees who 
travel to any nation designated to be a sensitive country for 
laboratory-to-laboratory exchange activities or other 
cooperative exchange activities on behalf of the Department.

           *       *       *       *       *       *       *

                              ----------                              


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012



           *       *       *       *       *       *       *
                               TITLE III

GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK.

  (a) Definitions.--In this section:
          (1) Covered agency.--The term ``covered agency'' 
        means any element of the intelligence community other 
        than an element within the Department of Defense.
          (2) Covered item of supply.--The term ``covered item 
        of supply'' means an item of information technology (as 
        that term is defined in section 11101 of title 40, 
        United States Code) that is purchased for inclusion in 
        a covered system, and the loss of integrity of which 
        could result in a supply chain risk for a covered 
        system.
          (3) Covered procurement.--The term ``covered 
        procurement'' means--
                  (A) a source selection for a covered system 
                or a covered item of supply involving either a 
                performance specification, as provided in 
                section 3306(a)(3)(B) of title 41, United 
                States Code, or an evaluation factor, as 
                provided in section 3306(b)(1) of such title, 
                relating to supply chain risk;
                  (B) the consideration of proposals for and 
                issuance of a task or delivery order for a 
                covered system or a covered item of supply, as 
                provided in section 4106(d)(3) of title 41, 
                United States Code, where the task or delivery 
                order contract concerned includes a contract 
                clause establishing a requirement relating to 
                supply chain risk; or
                  (C) any contract action involving a contract 
                for a covered system or a covered item of 
                supply where such contract includes a clause 
                establishing requirements relating to supply 
                chain risk.
          (4) Covered procurement action.--The term ``covered 
        procurement action'' means any of the following 
        actions, if the action takes place in the course of 
        conducting a covered procurement:
                  (A) The exclusion of a source that fails to 
                meet qualifications standards established in 
                accordance with the requirements of section 
                3311 of title 41, United States Code, for the 
                purpose of reducing supply chain risk in the 
                acquisition of covered systems.
                  (B) The exclusion of a source that fails to 
                achieve an acceptable rating with regard to an 
                evaluation factor providing for the 
                consideration of supply chain risk in the 
                evaluation of proposals for the award of a 
                contract or the issuance of a task or delivery 
                order.
                  (C) The decision to withhold consent for a 
                contractor to subcontract with a particular 
                source or to direct a contractor for a covered 
                system to exclude a particular source from 
                consideration for a subcontract under the 
                contract.
          (5) Covered system.--The term ``covered system'' 
        means a national security system, as that term is 
        defined in section 3542(b) of title 44, United States 
        Code.
          (6) Supply chain risk.--The term ``supply chain 
        risk'' means the risk that an adversary may sabotage, 
        maliciously introduce unwanted function, or otherwise 
        subvert the design, integrity, manufacturing, 
        production, distribution, installation, operation, or 
        maintenance of a covered system so as to surveil, deny, 
        disrupt, or otherwise degrade the function, use, or 
        operation of such system.
  (b) Authority.--Subject to subsection (c) and in consultation 
with the Director of National Intelligence, the head of a 
covered agency may, in conducting intelligence and 
intelligence-related activities--
          (1) carry out a covered procurement action; and
          (2) limit, notwithstanding any other provision of 
        law, in whole or in part, the disclosure of information 
        relating to the basis for carrying out a covered 
        procurement action.
  (c) Determination and Notification.--The head of a covered 
agency may exercise the authority provided in subsection (b) 
only after--
          (1) any appropriate consultation with procurement or 
        other relevant officials of the covered agency;
          (2) making a determination in writing, which may be 
        in classified form, that--
                  (A) use of the authority in subsection (b)(1) 
                is necessary to protect national security by 
                reducing supply chain risk;
                  (B) less intrusive measures are not 
                reasonably available to reduce such supply 
                chain risk; and
                  (C) in a case where the head of the covered 
                agency plans to limit disclosure of information 
                under subsection (b)(2), the risk to national 
                security due to the disclosure of such 
                information outweighs the risk due to not 
                disclosing such information;
          (3) notifying the Director of National Intelligence 
        that there is a significant supply chain risk to the 
        covered system concerned, unless the head of the 
        covered agency making the determination is the Director 
        of National Intelligence; and
          (4) providing a notice, which may be in classified 
        form, of the determination made under paragraph (2) to 
        the congressional intelligence committees that includes 
        a summary of the basis for the determination, including 
        a discussion of less intrusive measures that were 
        considered and why they were not reasonably available 
        to reduce supply chain risk.
  (d) Delegation.--The head of a covered agency may not 
delegate the authority provided in subsection (b) or the 
responsibility to make a determination under subsection (c) to 
an official below the level of the service acquisition 
executive for the agency concerned.
  (e) Savings.--The authority under this section is in addition 
to any other authority under any other provision of law. The 
authority under this section shall not be construed to alter or 
effect the exercise of any other provision of law.
  (f) Effective Date.--The requirements of this section shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act and shall apply to contracts that are 
awarded on or after such date.
  [(g) Sunset.--The authority provided in this section shall 
expire on the date that section 806 of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 2304 note) expires.]

           *       *       *       *       *       *       *

                              ----------                              


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2005



           *       *       *       *       *       *       *
TITLE VI--EDUCATION

           *       *       *       *       *       *       *


  Subtitle B--Improvement in Intelligence Community Foreign Language 
                                 Skills

SEC. 611. FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR LEVEL 
                    POSITIONS IN THE CENTRAL INTELLIGENCE AGENCY.

  (a) In General.--Section 104A of the National Security Act of 
1947, amended by section 1011(a) of the National Security 
Intelligence Reform Act of 2004, is further amended by adding 
at the end the following new subsection:
  ``(g) Foreign Language Proficiency for Certain Senior Level 
Positions in Central Intelligence Agency.--(1) Except as 
provided pursuant to paragraph (2), an individual may not be 
appointed to a position in the Senior Intelligence Service in 
the Directorate of Intelligence or the Directorate of 
Operations of the Central Intelligence Agency unless the 
Director of the Central Intelligence Agency determines that the 
individual--
                  ``(A) has been certified as having a 
                professional speaking and reading proficiency 
                in a foreign language, such proficiency being 
                at least level 3 on the Interagency Language 
                Roundtable Language Skills Level or 
                commensurate proficiency level using such other 
                indicator of proficiency as the Director of the 
                Central Intelligence Agency considers 
                appropriate; and
                  ``(B) is able to effectively communicate the 
                priorities of the United States and exercise 
                influence in that foreign language.
          ``(2) The Director of the Central Intelligence Agency 
        may, in the discretion of the Director, waive the 
        application of paragraph (1) to any position or 
        category of positions otherwise covered by that 
        paragraph if the Director determines that foreign 
        language proficiency is not necessary for the 
        successful performance of the duties and 
        responsibilities of such position or category of 
        positions.''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to appointments made on or after the 
date that is one year after the date of the enactment of this 
Act.
  [(c) Report on Waivers.--The Director of the Central 
Intelligence Agency shall submit to Congress a report that 
identifies positions within the Senior Intelligence Service in 
the Directorate of Intelligence or the Directorate of 
Operations of the Central Intelligence Agency that are 
determined by the Director to require waiver from the 
requirements of section 104A(g) of the National Security Act of 
1947, as added by subsection (a). The report shall include a 
rationale for any waiver granted under section 104A(g)(2), as 
so added, for each position or category of positions so 
identified.]

           *       *       *       *       *       *       *

                              ----------                              


                 DEPARTMENT OF ENERGY ORGANIZATION ACT

   Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Department of Energy Organization 
Act''.

                            TABLE OF CONTENTS

Sec. 2. Definitions.
     * * * * * * *

                TITLE II--ESTABLISHMENT OF THE DEPARTMENT

     * * * * * * *
[Sec. 215. Office of Counterintelligence.
[Sec. 216. Office of Intelligence.]
215. Office of Intelligence and Counterintelligence.
Sec. 217. Office of Indian Energy Policy and Programs.

           *       *       *       *       *       *       *


TITLE II--ESTABLISHMENT OF THE DEPARTMENT

           *       *       *       *       *       *       *


   establishment of security, counterintelligence, and intelligence 
                                policies

  Sec. 214. (a) The Secretary shall be responsible for 
developing and promulgating the security, counterintelligence, 
and intelligence policies of the Department. The Secretary may 
use the immediate staff of the Secretary to assist in 
developing and promulgating those policies.
  [(b)(1) There is within the Department an Intelligence 
Executive Committee. The Committee shall consist of the Deputy 
Secretary of Energy, who shall chair the Committee, and each 
Under Secretary of Energy.
          [(2) The Committee shall be staffed by the Director 
        of the Office of Intelligence and the Director of the 
        Office of Counterintelligence.
          [(3) The Secretary shall use the Committee to assist 
        in developing and promulgating the counterintelligence 
        and intelligence policies, requirements, and priorities 
        of the Department.
  [(c) In the budget justification materials submitted to 
Congress in support of each budget submitted by the President 
to Congress under title 31, United States Code, the amounts 
requested for the Department for intelligence functions and the 
amounts requested for the Department for counterintelligence 
functions shall each be specified in appropriately classified 
individual, dedicated program elements. Within the amounts 
requested for counterintelligence functions, the amounts 
requested for the National Nuclear Security Administration 
shall be specified separately from the amounts requested for 
other elements of the Department.]

                     [office of counterintelligence

  [Sec. 215. (a) There is within the Department an Office of 
Counterintelligence.
  [(b)(1) The head of the Office shall be the Director of the 
Office of Counterintelligence, who shall be an employee in the 
Senior Executive Service, the Senior Intelligence Service, the 
Senior National Intelligence Service, or any other Service that 
the Secretary, in coordination with the Director of National 
Intelligence, considers appropriate. The Director of the Office 
shall report directly to the Secretary.
  [(2) The Secretary shall select the Director of the Office 
from among individuals who have substantial expertise in 
matters relating to counterintelligence.
  [(3) The Director of the Federal Bureau of Investigation may 
detail, on a reimbursable basis, any employee of the Bureau to 
the Department for service as Director of the Office. The 
service of an employee of the Bureau as Director of the Office 
shall not result in any loss of status, right, or privilege by 
the employee within the Bureau.
  [(c)(1) The Director of the Office shall be responsible for 
establishing policy for counterintelligence programs and 
activities at Department facilities in order to reduce the 
threat of disclosure or loss of classified and other sensitive 
information at such facilities.
  [(2) The Director of the Office shall be responsible for 
establishing policy for the personnel assurance programs of the 
Department.
  [(3) The Director shall inform the Secretary, the Director of 
Central Intelligence, and the Director of the Federal Bureau of 
Investigation on a regular basis, and upon specific request by 
any such official, regarding the status and effectiveness of 
the counterintelligence programs and activities at Department 
facilities.
  [(d)(1) Not later than March 1 each year, the Director of the 
Office shall submit a report on the status and effectiveness of 
the counterintelligence programs and activities at each 
Department facility during the preceding year. Each such report 
shall be submitted to the following:
          [(A) The Secretary.
          [(B) The Director of Central Intelligence.
          [(C) The Director of the Federal Bureau of 
        Investigation.
          [(D) The Committee on Armed Services and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives.
          [(E) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
  [(2) Each such report shall include for the year covered by 
the report the following:
          [(A) A description of the status and effectiveness of 
        the counterintelligence programs and activities at 
        Department facilities.
          [(B) A description of any violation of law or other 
        requirement relating to intelligence, 
        counterintelligence, or security at such facilities, 
        including--
                  [(i) the number of violations that were 
                investigated; and
                  [(ii) the number of violations that remain 
                unresolved.
          [(C) A description of the number of foreign visitors 
        to Department facilities, including the locations of 
        the visits of such visitors.
          [(D) The adequacy of the Department's procedures and 
        policies for protecting national security information, 
        making such recommendations to Congress as may be 
        appropriate.
          [(E) A determination of whether each Department of 
        Energy national laboratory is in full compliance with 
        all departmental security requirements and, in the case 
        of any such laboratory that is not, what measures are 
        being taken to bring that laboratory into compliance.
  [(3) Not less than 30 days before the date that the report 
required by paragraph (1) is submitted, the director of each 
Department of Energy national laboratory shall certify in 
writing to the Director of the Office whether that laboratory 
is in full compliance with all departmental security 
requirements and, if not, what measures are being taken to 
bring that laboratory into compliance and a schedule for 
implementing those measures.
  [(4) Each report under this subsection as submitted to the 
committees referred to in subparagraphs (D) and (E) of 
paragraph (1) shall be submitted in unclassified form, but may 
include a classified annex.]

             OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE

  Sec. 215.
  (a) In General.--There is in the Department an Office of 
Intelligence and Counterintelligence. Such office shall be 
under the National Intelligence Program.
  (b) Director.--(1) The head of the Office shall be the 
Director of the Office of Intelligence and Counterintelligence, 
who shall be an employee in the Senior Executive Service, the 
Senior Intelligence Service, the Senior National Intelligence 
Service, or any other Service that the Secretary, in 
coordination with the Director of National Intelligence, 
considers appropriate. The Director of the Office shall report 
directly to the Secretary.
  (2) The Secretary shall select an individual to serve as the 
Director from among individuals who have substantial expertise 
in matters relating to the intelligence community, including 
foreign intelligence and counterintelligence.
  (c) Duties.--(1) Subject to the authority, direction, and 
control of the Secretary, the Director shall perform such 
duties and exercise such powers as the Secretary may prescribe.
  (2) The Director shall be responsible for establishing policy 
for intelligence and counterintelligence programs and 
activities at the Department.
  (d) Energy Infrastructure Security Center.--(1)(A) The 
President shall establish an Energy Infrastructure Security 
Center, taking into account all appropriate government tools to 
analyze and disseminate intelligence relating to the security 
of the energy infrastructure of the United States.
  (B) The Secretary shall appoint the head of the Energy 
Infrastructure Security Center.
  (C) The Energy Infrastructure Security Center shall be 
located within the Office of Intelligence and 
Counterintelligence.
  (2) In establishing the Energy Infrastructure Security 
Center, the Director of the Office of Intelligence and 
Counterintelligence shall address the following missions and 
objectives to coordinate and disseminate intelligence relating 
to the security of the energy infrastructure of the United 
States:
          (A) Establishing a primary organization within the 
        United States Government for analyzing and integrating 
        all intelligence possessed or acquired by the United 
        States pertaining to the security of the energy 
        infrastructure of the United States.
          (B) Ensuring that appropriate departments and 
        agencies have full access to and receive intelligence 
        support needed to execute the plans or activities of 
        the agencies, and perform independent, alternative 
        analyses.
          (C) Establishing a central repository on known and 
        suspected foreign threats to the energy infrastructure 
        of the United States, including with respect to any 
        individuals, groups, or entities engaged in activities 
        targeting such infrastructure, and the goals, 
        strategies, capabilities, and networks of such 
        individuals, groups, or entities.
          (D) Disseminating intelligence information relating 
        to the security of the energy infrastructure of the 
        United States, including threats and analyses, to the 
        President, to the appropriate departments and agencies, 
        and to the appropriate committees of Congress.
  (3) The President may waive the requirements of this 
subsection, and any parts thereof, if the President determines 
that such requirements do not materially improve the ability of 
the United States Government to prevent and halt attacks 
against the energy infrastructure of the United States. Such 
waiver shall be made in writing to Congress and shall include a 
description of how the missions and objectives in paragraph (2) 
are being met.
  (4) If the President decides not to exercise the waiver 
authority granted by paragraph (3), the President shall submit 
to Congress from time to time updates and plans regarding the 
establishment of an Energy Infrastructure Security Center.
   (e) Definitions.--In this section, the terms ``intelligence 
community'' and ``National Intelligence Program'' have the 
meanings given such terms in section 3 of the National Security 
Act of 1947 (50 U.S.C. 3003).

                        [office of intelligence

  [Sec. 216. (a) There is within the Department an Office of 
Intelligence.
  [(b)(1) The head of the Office shall be the Director of the 
Office of Intelligence, who shall be an employee in the Senior 
Executive Service, the Senior Intelligence Service, the Senior 
National Intelligence Service, or any other Service that the 
Secretary, in coordination with the Director of National 
Intelligence, considers appropriate. The Director of the Office 
shall report directly to the Secretary.
  [(2) The Secretary shall select the Director of the Office 
from among individuals who have substantial expertise in 
matters relating to foreign intelligence.
  [(c) Subject to the authority, direction, and control of the 
Secretary, the Director of the Office shall perform such duties 
and exercise such powers as the Secretary may prescribe.]

           *       *       *       *       *       *       *

                              ----------                              


              PUBLIC INTEREST DECLASSIFICATION ACT OF 2000



           *       *       *       *       *       *       *
TITLE VII--DECLASSIFICATION OF INFORMATION

           *       *       *       *       *       *       *


SEC. 710. EFFECTIVE DATE; SUNSET.

  (a) Effective Date.--This title shall take effect on the date 
that is 120 days after the date of the enactment of this Act.
  (b) Sunset.--The provisions of this title shall expire on 
December 31, [2018] 2028.

           *       *       *       *       *       *       *

                              ----------                              


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010



           *       *       *       *       *       *       *
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

           *       *       *       *       *       *       *


Subtitle E--Other Matters

           *       *       *       *       *       *       *


[SEC. 368. CORRECTING LONG-STANDING MATERIAL WEAKNESSES.

  [(a) Definitions.--In this section:
          [(1) Covered element of the intelligence community.--
        The term ``covered element of the intelligence 
        community'' means--
                  [(A) the Central Intelligence Agency;
                  [(B) the Defense Intelligence Agency;
                  [(C) the National Geospatial-Intelligence 
                Agency;
                  [(D) the National Reconnaissance Office; or
                  [(E) the National Security Agency.
          [(2) Independent auditor.--The term ``independent 
        auditor'' means an individual who--
                  [(A)(i) is a Federal, State, or local 
                government auditor who meets the independence 
                standards included in generally accepted 
                government auditing standards; or
                          [(ii) is a public accountant who 
                        meets such independence standards; and
                  [(B) is designated as an auditor by the 
                Director of National Intelligence or the head 
                of a covered element of the intelligence 
                community, as appropriate.
          [(3) Independent review.--The term ``independent 
        review'' means an audit, attestation, or examination 
        conducted by an independent auditor in accordance with 
        generally accepted government auditing standards.
          [(4) Long-standing, correctable material weakness.--
        The term ``long-standing, correctable material 
        weakness'' means a material weakness--
                  [(A) that was first reported in the annual 
                financial report of a covered element of the 
                intelligence community for a fiscal year prior 
                to fiscal year 2007; and
                  [(B) the correction of which is not 
                substantially dependent on a business system 
                that was not implemented prior to the end of 
                fiscal year 2010.
          [(5) Material weakness.--The term ``material 
        weakness'' has the meaning given that term under the 
        Office of Management and Budget Circular A-123, 
        entitled ``Management's Responsibility for Internal 
        Control,'' revised December 21, 2004.
          [(6) Senior intelligence management official.--The 
        term ``senior intelligence management official'' means 
        an official within a covered element of the 
        intelligence community who is--
                  [(A)(i) compensated under the Senior 
                Intelligence Service pay scale; or
                          [(ii) the head of a covered element 
                        of the intelligence community; and
                  [(B) compensated for employment with funds 
                appropriated pursuant to an authorization of 
                appropriations in this Act.
  [(b) Identification of Senior Intelligence Management 
Officials.--
          [(1) Requirement to identify.--Not later than 30 days 
        after the date of the enactment of this Act, the head 
        of a covered element of the intelligence community 
        shall designate a senior intelligence management 
        official of such element to be responsible for 
        correcting each long-standing, correctable material 
        weakness of such element.
          [(2) Head of a covered element of the intelligence 
        community.--The head of a covered element of the 
        intelligence community may designate himself or herself 
        as the senior intelligence management official 
        responsible for correcting a long-standing, correctable 
        material weakness under paragraph (1).
          [(3) Requirement to update designation.--If the head 
        of a covered element of the intelligence community 
        determines that a senior intelligence management 
        official designated under paragraph (1) is no longer 
        responsible for correcting a long-standing, correctable 
        material weakness, the head of such element shall 
        designate the successor to such official not later than 
        10 days after the date of such determination.
  [(c) Notification.--Not later than 10 days after the date on 
which the head of a covered element of the intelligence 
community has designated a senior intelligence management 
official pursuant to paragraph (1) or (3) of subsection (b), 
the head of such element shall provide written notification of 
such designation to the Director of National Intelligence and 
to such senior intelligence management official.
  [(d) Correction of Long-Standing, Material Weakness.--
          [(1) Determination of correction of deficiency.--If a 
        long-standing, correctable material weakness is 
        corrected, the senior intelligence management official 
        who is responsible for correcting such long-standing, 
        correctable material weakness shall make and issue a 
        determination of the correction.
          [(2) Basis for determination.--The determination of 
        the senior intelligence management official under 
        paragraph (1) shall be based on the findings of an 
        independent review.
          [(3) Notification and submission of findings.--A 
        senior intelligence management official who makes a 
        determination under paragraph (1) shall--
                  [(A) notify the head of the appropriate 
                covered element of the intelligence community 
                of such determination at the time the 
                determination is made; and
                  [(B) ensure that the independent auditor 
                whose findings are the basis of a determination 
                under paragraph (1) submits to the head of the 
                covered element of the intelligence community 
                and the Director of National Intelligence the 
                findings that such determination is based on 
                not later than 5 days after the date on which 
                such determination is made.
  [(e) Congressional Oversight.--The head of a covered element 
of the intelligence community shall notify the congressional 
intelligence committees not later than 30 days after the date--
          [(1) on which a senior intelligence management 
        official is designated under paragraph (1) or (3) of 
        subsection (b) and notified under subsection (c); or
          [(2) of the correction of a long-standing, 
        correctable material weakness, as verified by an 
        independent auditor under subsection (d)(2).]

           *       *       *       *       *       *       *

                              ----------                              


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017

DIVISION N--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017

           *       *       *       *       *       *       *


TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

           *       *       *       *       *       *       *


SEC. 308. GUIDANCE AND REPORTING REQUIREMENT REGARDING THE INTERACTIONS 
                    BETWEEN THE INTELLIGENCE COMMUNITY AND 
                    ENTERTAINMENT INDUSTRY.

  (a) Definitions.--In this section:
          (1) Engagement.--The term ``engagement''--
                  (A) means any significant interaction between 
                an element of the intelligence community and an 
                entertainment industry entity for the purposes 
                of contributing to an entertainment product 
                intended to be heard, read, viewed, or 
                otherwise experienced by the public; and
                  (B) does not include routine inquiries made 
                by the press or news media to the public 
                affairs office of an intelligence community.
          (2) Entertainment industry entity.--The term 
        ``entertainment industry entity'' means an entity that 
        creates, produces, promotes, or distributes a work of 
        entertainment intended to be heard, read, viewed, or 
        otherwise experienced by an audience, including--
                  (A) theater productions, motion pictures, 
                radio broadcasts, television broadcasts, 
                podcasts, webcasts, other sound or visual 
                recording, music, or dance;
                  (B) books and other published material; and
                  (C) such other entertainment activity, as 
                determined by the Director of National 
                Intelligence.
  (b) Director of National Intelligence Guidance.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Director of 
        National Intelligence shall issue, and release to the 
        public, guidance regarding engagements by elements of 
        the intelligence community with entertainment industry 
        entities.
          (2) Criteria.--The guidance required by paragraph (1) 
        shall--
                  (A) permit an element of the intelligence 
                community to conduct engagements, if the head 
                of the element, or a designee of such head, 
                provides prior approval; and
                  (B) require an unclassified annual report to 
                the congressional intelligence committees 
                regarding engagements.
  [(c) Annual Report.--Each report required by subsection 
(b)(2)(B) shall include the following:
          [(1) A description of the nature and duration of each 
        engagement included in the review.
          [(2) The cost incurred by the United States 
        Government for each such engagement.
          [(3) A description of the benefits to the United 
        States Government for each such engagement.
          [(4) A determination of whether any information was 
        declassified, and whether any classified information 
        was improperly disclosed, or each such engagement.
          [(5) A description of the work produced through each 
        such engagement.]

           *       *       *       *       *       *       *


                  TITLE VI--REPORTS AND OTHER MATTERS

[SEC. 601. DECLASSIFICATION REVIEW WITH RESPECT TO DETAINEES 
                    TRANSFERRED FROM UNITED STATES NAVAL STATION, 
                    GUANTANAMO BAY, CUBA.

  [(a) In general.--For each individual detained at United 
States Naval Station, Guantanamo Bay, Cuba, who was transferred 
or released from United States Naval Station, Guantanamo Bay, 
Cuba, the Director of National Intelligence shall--
          [(1)(A) complete a declassification review of 
        intelligence reports regarding past terrorist 
        activities of that individual prepared by the National 
        Counterterrorism Center for the individual's Periodic 
        Review Board sessions, transfer, or release; or
                  [(B) if the individual's transfer or release 
                occurred prior to the date on which the 
                National Counterterrorism Center first began to 
                prepare such reports regarding detainees, such 
                other intelligence report or reports that 
                contain the same or similar information 
                regarding the individual's past terrorist 
                activities;
          [(2) make available to the public--
                  [(A) any intelligence reports declassified as 
                a result of the declassification review; and
                  [(B) with respect to each individual 
                transferred or released, for whom intelligence 
                reports are declassified as a result of the 
                declassification review, an unclassified 
                summary which shall be prepared by the 
                President of measures being taken by the 
                country to which the individual was transferred 
                or released to monitor the individual and to 
                prevent the individual from carrying out future 
                terrorist activities; and
          [(3) submit to the congressional intelligence 
        committees a report setting out the results of the 
        declassification review, including a description of 
        intelligence reports covered by the review that were 
        not declassified.
  [(b) Schedule.--
          [(1) Transfer or release prior to enactment.--Not 
        later than 210 days after the date of the enactment of 
        this Act, the Director of National Intelligence shall 
        submit the report required by subsection (a)(3), which 
        shall include the results of the declassification 
        review completed for each individual detained at United 
        States Naval Station, Guantanamo Bay, Cuba, who was 
        transferred or released from United States Naval 
        Station, Guantanamo Bay, prior to the date of the 
        enactment of this Act.
          [(2) Transfer or release after enactment.--Not later 
        than 120 days after the date an individual detained at 
        United States Naval Station, Guantanamo Bay, on or 
        after the date of the enactment of this Act is 
        transferred or released from United States Naval 
        Station, Guantanamo Bay, the Director shall submit the 
        report required by subsection (a)(3) for such 
        individual.
  [(c) Past Terrorist Activities.--For purposes of this 
section, the past terrorist activities of an individual shall 
include all terrorist activities conducted by the individual 
before the individual's transfer to the detention facility at 
United States Naval Station, Guantanamo Bay, including, at a 
minimum, the following:
          [(1) The terrorist organization, if any, with which 
        affiliated.
          [(2) The terrorist training, if any, received.
          [(3) The role in past terrorist attacks against 
        United States interests or allies.
          [(4) The direct responsibility, if any, for the death 
        of United States citizens or members of the Armed 
        Forces.
          [(5) Any admission of any matter specified in 
        paragraphs (1) through (4).
          [(6) A description of the intelligence supporting any 
        matter specified in paragraphs (1) through (5), 
        including the extent to which such intelligence was 
        corroborated, the level of confidence held by the 
        intelligence community, and any dissent or reassessment 
        by an element of the intelligence community.]

           *       *       *       *       *       *       *

                              ----------                              


                     HOMELAND SECURITY ACT OF 2002



           *       *       *       *       *       *       *
      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
Access to Information

           *       *       *       *       *       *       *


SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.

  (a) In General.--To improve the sharing of information within 
the scope of the information sharing environment established 
under section 1016 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485) with State, local, 
tribal, and private sector officials, the Director of National 
Intelligence, through the program manager for the information 
sharing environment, in coordination with the Secretary, shall 
coordinate and oversee the creation of an Interagency Threat 
Assessment and Coordination Group (referred to in this section 
as the ``ITACG'').
  (b) Composition of ITACG.--The ITACG shall consist of--
          (1) an ITACG Advisory Council to set policy and 
        develop processes for the integration, analysis, and 
        dissemination of federally-coordinated information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information; and
          (2) an ITACG Detail comprised of State, local, and 
        tribal homeland security and law enforcement officers 
        and intelligence analysts detailed to work in the 
        National Counterterrorism Center with Federal 
        intelligence analysts for the purpose of integrating, 
        analyzing, and assisting in the dissemination of 
        federally-coordinated information within the scope of 
        the information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information, through 
        appropriate channels identified by the ITACG Advisory 
        Council.
  [(c) Responsibilities of Program Manager.--The program 
manager shall--
          [(1) monitor and assess the efficacy of the ITACG;
          [(2) not later than 180 days after the date of the 
        enactment of the Implementing Recommendations of the 9/
        11 Commission Act of 2007, and at least annually 
        thereafter, submit to the Secretary, the Attorney 
        General, the Director of National Intelligence, the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Homeland Security of 
        the House of Representatives a report on the progress 
        of the ITACG; and
          [(3) in each report required by paragraph (2) 
        submitted after the date of the enactment of the 
        Reducing Over-Classification Act, include an assessment 
        of whether the detailees under subsection (d)(5) have 
        appropriate access to all relevant information, as 
        required by subsection (g)(2)(C).]
  [(d)] (c) Responsibilities of Secretary.--The Secretary, or 
the Secretary's designee, in coordination with the Director of 
the National Counterterrorism Center and the ITACG Advisory 
Council, shall--
          (1) create policies and standards for the creation of 
        information products derived from information within 
        the scope of the information sharing environment, 
        including homeland security information, terrorism 
        information, and weapons of mass destruction 
        information, that are suitable for dissemination to 
        State, local, and tribal governments and the private 
        sector;
          (2) evaluate and develop processes for the timely 
        dissemination of federally-coordinated information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, to State, local, and tribal governments 
        and the private sector;
          (3) establish criteria and a methodology for 
        indicating to State, local, and tribal governments and 
        the private sector the reliability of information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, disseminated to them;
          (4) educate the intelligence community about the 
        requirements of the State, local, and tribal homeland 
        security, law enforcement, and other emergency response 
        providers regarding information within the scope of the 
        information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information;
          (5) establish and maintain the ITACG Detail, which 
        shall assign an appropriate number of State, local, and 
        tribal homeland security and law enforcement officers 
        and intelligence analysts to work in the National 
        Counterterrorism Center who shall--
                  (A) educate and advise National 
                Counterterrorism Center intelligence analysts 
                about the requirements of the State, local, and 
                tribal homeland security and law enforcement 
                officers, and other emergency response 
                providers regarding information within the 
                scope of the information sharing environment, 
                including homeland security information, 
                terrorism information, and weapons of mass 
                destruction information;
                  (B) assist National Counterterrorism Center 
                intelligence analysts in integrating, 
                analyzing, and otherwise preparing versions of 
                products derived from information within the 
                scope of the information sharing environment, 
                including homeland security information, 
                terrorism information, and weapons of mass 
                destruction information that are unclassified 
                or classified at the lowest possible level and 
                suitable for dissemination to State, local, and 
                tribal homeland security and law enforcement 
                agencies in order to help deter and prevent 
                terrorist attacks;
                  (C) implement, in coordination with National 
                Counterterrorism Center intelligence analysts, 
                the policies, processes, procedures, standards, 
                and guidelines developed by the ITACG Advisory 
                Council;
                  (D) assist in the dissemination of products 
                derived from information within the scope of 
                the information sharing environment, including 
                homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, to State, local, and tribal 
                jurisdictions only through appropriate channels 
                identified by the ITACG Advisory Council;
                  (E) make recommendations, as appropriate, to 
                the Secretary or the Secretary's designee, for 
                the further dissemination of intelligence 
                products that could likely inform or improve 
                the security of a State, local, or tribal 
                government, (including a State, local, or 
                tribal law enforcement agency) or a private 
                sector entity; and
                  (F) report directly to the senior 
                intelligence official from the Department under 
                paragraph (6);
          (6) detail a senior intelligence official from the 
        Department of Homeland Security to the National 
        Counterterrorism Center, who shall--
                  (A) manage the day-to-day operations of the 
                ITACG Detail;
                  (B) report directly to the Director of the 
                National Counterterrorism Center or the 
                Director's designee; and
                  (C) in coordination with the Director of the 
                Federal Bureau of Investigation, and subject to 
                the approval of the Director of the National 
                Counterterrorism Center, select a deputy from 
                the pool of available detailees from the 
                Federal Bureau of Investigation in the National 
                Counterterrorism Center;
          (7) establish, within the ITACG Advisory Council, a 
        mechanism to select law enforcement officers and 
        intelligence analysts for placement in the National 
        Counterterrorism Center consistent with paragraph (5), 
        using criteria developed by the ITACG Advisory Council 
        that shall encourage participation from a broadly 
        representative group of State, local, and tribal 
        homeland security and law enforcement agencies; and
          (8) compile an annual assessment of the ITACG 
        Detail's performance, including summaries of customer 
        feedback, in preparing, disseminating, and requesting 
        the dissemination of intelligence products intended for 
        State, local and tribal government (including State, 
        local, and tribal law enforcement agencies) and private 
        sector entities[; and].
          [(9) provide the assessment developed pursuant to 
        paragraph (8) to the program manager for use in the 
        annual reports required by subsection (c)(2).]
  [(e)] (d) Membership.--The Secretary, or the Secretary's 
designee, shall serve as the chair of the ITACG Advisory 
Council, which shall include--
          (1) representatives of--
                  (A) the Department;
                  (B) the Federal Bureau of Investigation;
                  (C) the National Counterterrorism Center;
                  (D) the Department of Defense;
                  (E) the Department of Energy;
                  (F) the Department of State; and
                  (G) other Federal entities as appropriate;
          (2) the program manager of the information sharing 
        environment, designated under section 1016(f) of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485(f)), or the program manager's 
        designee; and
          (3) executive level law enforcement and intelligence 
        officials from State, local, and tribal governments.
  [(f)] (e) Criteria.--The Secretary, in consultation with the 
Director of National Intelligence, the Attorney General, and 
the program manager of the information sharing environment 
established under section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall--
          (1) establish procedures for selecting members of the 
        ITACG Advisory Council and for the proper handling and 
        safeguarding of products derived from information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, by those members; and
          (2) ensure that at least 50 percent of the members of 
        the ITACG Advisory Council are from State, local, and 
        tribal governments.
  [(g)] (f) Operations.--
          (1) In general.--Beginning not later than 90 days 
        after the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        ITACG Advisory Council shall meet regularly, but not 
        less than quarterly, at the facilities of the National 
        Counterterrorism Center of the Office of the Director 
        of National Intelligence.
          (2) Management.--Pursuant to section 119(f)(E) of the 
        National Security Act of 1947 (50 U.S.C. 404o(f)(E)), 
        the Director of the National Counterterrorism Center, 
        acting through the senior intelligence official from 
        the Department of Homeland Security detailed pursuant 
        to subsection (d)(6), shall ensure that--
                  (A) the products derived from information 
                within the scope of the information sharing 
                environment, including homeland security 
                information, terrorism information, and weapons 
                of mass destruction information, prepared by 
                the National Counterterrorism Center and the 
                ITACG Detail for distribution to State, local, 
                and tribal homeland security and law 
                enforcement agencies reflect the requirements 
                of such agencies and are produced consistently 
                with the policies, processes, procedures, 
                standards, and guidelines established by the 
                ITACG Advisory Council;
                  (B) in consultation with the ITACG Advisory 
                Council and consistent with sections 
                102A(f)(1)(B)(iii) and 119(f)(E) of the 
                National Security Act of 1947 (50 U.S.C. 402 et 
                seq.), all products described in subparagraph 
                (A) are disseminated through existing channels 
                of the Department and the Department of Justice 
                and other appropriate channels to State, local, 
                and tribal government officials and other 
                entities;
                  (C) all detailees under subsection (d)(5) 
                have appropriate access to all relevant 
                information within the scope of the information 
                sharing environment, including homeland 
                security information, terrorism information, 
                and weapons of mass destruction information, 
                available at the National Counterterrorism 
                Center in order to accomplish the objectives 
                under that paragraph;
                  (D) all detailees under subsection (d)(5) 
                have the appropriate security clearances and 
                are trained in the procedures for handling, 
                processing, storing, and disseminating 
                classified products derived from information 
                within the scope of the information sharing 
                environment, including homeland security 
                information, terrorism information, and weapons 
                of mass destruction information; and
                  (E) all detailees under subsection (d)(5) 
                complete appropriate privacy and civil 
                liberties training.
  [(h)] (g) Inapplicability of the Federal Advisory Committee 
Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the ITACG or any subsidiary groups thereof.
  [(i)] (h) Authorization of Appropriations.--There are 
authorized to be appropriated such sums as may be necessary for 
each of fiscal years 2008 through 2012 to carry out this 
section, including to obtain security clearances for the State, 
local, and tribal participants in the ITACG.

           *       *       *       *       *       *       *

                              ----------                              


                     INSPECTOR GENERAL ACT OF 1978



           *       *       *       *       *       *       *
  Sec. 8H. (a)(1)(A) An employee of the Defense Intelligence 
Agency, the National Geospatial-Intelligence Agency, the 
National Reconnaissance Office, or the National Security 
Agency, or of a contractor of any of those Agencies, who 
intends to report to Congress a complaint or information with 
respect to an urgent concern may report the complaint or 
information to the Inspector General of the Department of 
Defense (or designee).
  (B) An employee of an element of the intelligence community, 
an employee assigned or detailed to an element of the 
intelligence community, or an employee of a contractor to the 
intelligence community, who intends to report to Congress a 
complaint or information with respect to an urgent concern may 
report such complaint or information to the Inspector General 
of the Intelligence Community.
  (C) An employee of the Federal Bureau of Investigation, or of 
a contractor of the Bureau, who intends to report to Congress a 
complaint or information with respect to an urgent concern may 
report the complaint or information to the Inspector General of 
the Department of Justice (or designee).
  (D) Any other employee of, or contractor to, an executive 
agency, or element or unit thereof, determined by the President 
under section 2302(a)(2)(C)(ii) of title 5, United States Code, 
to have as its principal function the conduct of foreign 
intelligence or counterintelligence activities, who intends to 
report to Congress a complaint or information with respect to 
an urgent concern may report the complaint or information to 
the appropriate Inspector General (or designee) under this Act, 
section 17 of the Central Intelligence Agency Act of 1949, or 
section 103H(k) of the National Security Act of 1947 (50 U.S.C. 
3033(k)).
  (2) If a designee of an Inspector General under this section 
receives a complaint or information of an employee with respect 
to an urgent concern, that designee shall report the complaint 
or information to the Inspector General within 7 calendar days 
of receipt.
  (3) The Inspectors General of the Defense Intelligence 
Agency, the National Geospatial-Intelligence Agency, the 
National Reconnaissance Office, and the National Security 
Agency shall be designees of the Inspector General of the 
Department of Defense for purposes of this section.
  (b)(1) Not later than the end of the 14-calendar day period 
beginning on the date of receipt of an employee complaint or 
information under subsection (a), the Inspector General shall 
determine whether the complaint or information appears 
credible. Upon making such a determination, the Inspector 
General shall transmit to the head of the establishment notice 
of that determination, together with the complaint or 
information.
  (2) If the head of an establishment determines that a 
complaint or information transmitted under paragraph (1) would 
create a conflict of interest for the head of the 
establishment, the head of the establishment shall return the 
complaint or information to the Inspector General with that 
determination and the Inspector General shall make the 
transmission to the Director of National Intelligence and, if 
the establishment is within the Department of Defense, to the 
Secretary of Defense. In such a case, the requirements of this 
section for the head of the establishment apply to each 
recipient of the Inspector General's transmission.
  (c) Upon receipt of a transmittal from the Inspector General 
under subsection (b), the head of the establishment shall, 
within 7 calendar days of such receipt, forward such 
transmittal to the intelligence committees, together with any 
comments the head of the establishment considers appropriate.
  (d)(1) If the Inspector General does not find credible under 
subsection (b) a complaint or information submitted to the 
Inspector General under subsection (a), or does not transmit 
the complaint or information to the head of the establishment 
in accurate form under subsection (b), the employee (subject to 
paragraph (2)) may submit the complaint or information to 
Congress by contacting either or both of the intelligence 
committees directly.
  (2) The employee may contact the intelligence committees 
directly as described in paragraph (1) only if the employee--
          (A) before making such a contact, furnishes to the 
        head of the establishment, through the Inspector 
        General, a statement of the employee's complaint or 
        information and notice of the employee's intent to 
        contact the intelligence committees directly; and
          (B) obtains and follows from the head of the 
        establishment, through the Inspector General, direction 
        on how to contact the intelligence committees in 
        accordance with appropriate security practices.
  (3) A member or employee of one of the intelligence 
committees who receives a complaint or information under 
paragraph (1) does so in that member or employee's official 
capacity as a member or employee of that committee.
  (e) The Inspector General shall notify an employee who 
reports a complaint or information under this section of each 
action taken under this section with respect to the complaint 
or information. Such notice shall be provided not later than 3 
days after any such action is taken.
  (f) An action taken by the head of an establishment or an 
Inspector General under subsections (a) through (e) shall not 
be subject to judicial review.
  [(g)(1) The Inspector General of the Defense Intelligence 
Agency, the National Geospatial-Intelligence Agency, the 
National Reconnaissance Office, and the National Security 
Agency shall each submit to the congressional intelligence 
committees each year a report that sets forth the following:
          [(A) The personnel and funds requested by such 
        Inspector General for the fiscal year beginning in such 
        year for the activities of the office of such Inspector 
        General in such fiscal year.
          [(B) The plan of such Inspector General for such 
        activities, including the programs and activities 
        scheduled for review by the office of such Inspector 
        General during such fiscal year.
          [(C) An assessment of the current ability of such 
        Inspector General to hire and retain qualified 
        personnel for the office of such Inspector General.
          [(D) Any matters that such Inspector General 
        considers appropriate regarding the independence and 
        effectiveness of the office of such Inspector General.
  [(2) The submittal date for a report under paragraph (1) each 
year shall be the date provided in section 507 of the National 
Security Act of 1947.
  [(3) In this subsection, the term ``congressional 
intelligence committees'' shall have the meaning given that 
term in section 3 of the National Security Act of 1947 (50 
U.S.C. 401a).]
  [(h)] (g) An individual who has submitted a complaint or 
information to an Inspector General under this section may 
notify any member of the Permanent Select Committee on 
Intelligence of the House of Representatives or the Select 
Committee on Intelligence of the Senate, or a staff member of 
either such Committee, of the fact that such individual has 
made a submission to that particular Inspector General, and of 
the date on which such submission was made.
  [(i)] (h) In this section:
          (1) The term ``urgent concern'' means any of the 
        following:
                  (A) A serious or flagrant problem, abuse, 
                violation of law or Executive order, or 
                deficiency relating to the funding, 
                administration, or operations of an 
                intelligence activity involving classified 
                information, but does not include differences 
                of opinions concerning public policy matters.
                  (B) A false statement to Congress, or a 
                willful withholding from Congress, on an issue 
                of material fact relating to the funding, 
                administration, or operation of an intelligence 
                activity.
                  (C) An action, including a personnel action 
                described in section 2302(a)(2)(A) of title 5, 
                United States Code, constituting reprisal or 
                threat of reprisal prohibited under section 
                7(c) in response to an employee's reporting an 
                urgent concern in accordance with this section.
          (2) The term ``intelligence committees'' means the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives and the Select Committee on 
        Intelligence of the Senate.

           *       *       *       *       *       *       *


                   Disclosure of Directed Rule Making

    H.R. 6237 does not specifically direct any rule makings 
within the meaning of 5 U.S.C. 551.

                    Duplication of Federal Programs

    H.R. 6237 does not duplicate or reauthorize an established 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                             MINORITY VIEWS

    The House Intelligence Committee's Minority Members support 
the Matthew Young Pollard Intelligence Authorization Act (IAA) 
for Fiscal Years 2018 and 2019, a bipartisan measure that the 
Committee approved by unanimous voice vote on June 28, 2018.
    This year's IAA authorizes intelligence funding in the base 
budget at roughly 1.9% above the President's FY19 budget 
request and funds Overseas Contingency Operations at roughly 
the President's request.
    The annual IAA ensures that the programs and activities of 
the U.S. Intelligence Community (IC), including Department of 
Defense (DoD) intelligence elements, are congressionally 
authorized and appropriately resourced to protect the nation 
from threats at home and abroad. This critical piece of 
legislation is also the primary tool by which Congress 
exercises oversight of the National and Military Intelligence 
Programs. The IAA helps ensure that Executive Branch decisions 
about our most closely held programs and secret activities 
operate within the law and are consistent with our national 
values and commitment to individual liberty, a responsibility 
vital to the healthy functioning of our democracy.
    In conducting oversight of the IC and DoD, the Minority 
remains committed to holding the Administration accountable in 
maintaining several efforts championed by Committee Democrats 
over many years: (1) ensuring that the work of IC elements 
meets constitutional and statutory requirements; (2) addressing 
all global threats; (3) improving public transparency; (4) 
investing in the workforce and strengthening diversity; and (5) 
responding to current and future challenges.

                  ENSURING LEGITIMACY & EFFECTIVENESS

    IC elements operate largely in secret and sometimes must 
take aggressive action to protect national security. This 
arrangement confers operational advantages but entails 
considerable risk of abuse and excess if not held in check by 
the appropriate congressional entities. A central goal of 
congressional oversight is to guarantee the fullest measure of 
legitimacy and effectiveness of IC and DoD activities, despite 
the need for secrecy--for example, through the requirement to 
notify the congressional intelligence committees of covert 
action findings authorized by the President.
    The FY19 IAA addresses legitimacy through several Minority-
authored provisions that direct the IC to undertake, or not 
undertake, certain covert action activities. The bill also 
requires that the IC report to the congressional intelligence 
committees about certain Executive Branch processes to ensure 
that covert action findings support broader U.S. foreign policy 
objectives. The Minority believes that Congress has a 
significant role to play in oversight of the most sensitive 
national security policies, and this year's bill exercises that 
role in meaningful ways.

                     ADDRESSING ALL GLOBAL THREATS

    Nearly two decades of war have seized the attention of the 
IC, DoD, policymakers and the public--sometimes at the expense 
of attention to hard target countries such as China, Russia, 
North Korea and Iran. While counterterrorism appropriately 
remains a cornerstone of IC and DoD activity, we must also 
allocate significant resources to respond to hard targets, as 
well as vulnerable and fractured states, and supply chain and 
technical risks. Although there is recognition within the IC 
and DoD of the need to realign resources to more fully respond 
to the myriad threats we face, we can and should do more to 
rebalance spending and better prioritize all global threats.
    As such, the FY18 and FY19 combined IAA seeks to better 
prepare the IC and DoD not only to respond to but to preempt 
these threats. A provision in the bill requires that the IC 
report to the intelligence committees regarding the roles, 
responsibilities and resources necessary to respond to malign 
foreign influence operations, and funding increases support 
counterterrorism and efforts to counter Russia, China and North 
Korea. Additionally, the bill makes permanent an expiring, 
enhanced authority for the IC to guard against risks to its 
supply chain from state and non-state actors.

                         EXPANDING TRANSPARENCY

    A healthy democracy demands a sufficient level of 
government transparency about the actions, intentions and 
effectiveness of its intelligence apparatus--not only in real 
time, but retrospectively, so that the country might continue 
the positive efforts of the IC and DoD and, where relevant, 
reflect on any negatives.
    The declassification of IC records of historical 
significance is one mechanism to achieve this. The Public 
Interest Declassification Review Board (PIDB) advises the 
President and agencies on the review and declassification of 
such records. This year's IAA reauthorizes the PIDB for 10 
years, allowing the Board to continue its vital work to 
responsibly release to the public historical information about 
IC elements' activities.
    In addition, the bill includes a Minority-authored 
provision requiring a briefing to certain congressional leaders 
and committees if the United States faces a significant foreign 
cyber intrusion or active measures campaign directed at a 
federal election. This measure maximizes transparency and 
enables Congress to determine whether, and in what form, to 
provide the public with information about such a campaign or 
intrusion.

          INVESTING IN THE WORKFORCE & STRENGTHENING DIVERSITY

    To attract the best talent to the IC and DoD, agencies and 
departments must provide a work environment and benefits that 
are commensurate with the challenging but essential role of 
public servants. Some IC entities have explored non-traditional 
ways to recruit, clear and retain employees, such as one-time 
signing bonuses and flexible work arrangements. However, there 
is still much work to be done. This bill takes needed steps, 
including by bolstering the authority of heads of IC elements 
to appropriately compensate IC professionals with science, 
technology, engineering or mathematics (STEM) backgrounds and 
by authorizing the Director of the National Security Agency to 
set special pay rates for cyber professionals.
    Attracting the best talent to the IC and DoD also means 
providing opportunities for historically under-represented 
groups to enter the workforce through formal and informal 
pipelines. Although women, minorities, and those with 
disabilities have joined the IC and DoD in increasing numbers, 
these groups often remain in junior positions rather than 
rising to the highest levels of leadership. For years, 
congressional direction, funding and legislation have sought to 
increase entry opportunities for under-represented groups. 
However, IC and DoD elements have not adopted all conduits for 
the entrance, promotion and retention of new talent.
    To improve the pipeline for under-represented groups to 
join IC elements, the FY19 IAA increases funding for, and 
includes direction regarding the Centers of Academic 
Excellence, an internship program established in 2004 to 
educate highly qualified students of diverse backgrounds and 
encourage them to pursue careers in the IC. As the IC and DoD 
meet increasingly complex global challenges, we must summon 
diverse perspectives able to collect intelligence about, 
analyze and respond to such challenges in the most effective 
and thoughtful ways possible.

               RESPONDING TO CURRENT & FUTURE CHALLENGES

    Even as we address the threats of today, the IC and DoD 
must invest in and be prepared to anticipate and respond to the 
challenges of the future. Investments in U.S. government 
innovation and modernization have not kept pace with some of 
our most aggressive adversaries, threatening to create a future 
in which the United States falls behind. Rather than face that 
fate, the IC and DoD must invest resources wisely, while also 
leveraging the power and innovation resident in our National 
Labs, U.S. commercial entities, and among our allies and 
partners around the world.
    The combined FY18 and FY19 IAA increases funding for 
artificial intelligence and cutting-edge technologies so that 
the IC and DoD continue to work smarter in defense of the 
nation. It also creates an external board to advise the 
Director of the National Reconnaissance Office on key policy 
issues, providing a resource for the Office as it pushes U.S. 
space capabilities beyond what was previously possible. The 
bill also supports partners in Europe, often on the frontlines 
of malign activity perpetrated by our most capable and 
aggressive adversaries.
    The annual IAA is but one tool Congress uses to exercise 
oversight of IC and DoD intelligence elements. The Minority 
supports this year's combined FY18 and FY19 IAA, which will 
help Congress play that critical role, while also ensuring that 
the women and men of the IC and DoD are supported as they 
endeavor to protect the United States.
                                   Adam B. Schiff.
                                   James A. Himes.
                                   Terri A. Sewell.
                                   Andre Carson.
                                   Jackie Speier.
                                   Mike Quigley.
                                   Eric Swalwell.
                                   Joaquin Castro.
                                   Denny Heck.

                                  [all]