Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019

II 116TH CONGRESS 1ST SESSION S. 245 To authorize appropriations for fiscal year 2019 for intelligence and intel- ligence-related activities of the United States Government, the Commu- nity Management Account, and the Central Intelligence Agency Retire- ment and Disability System. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2019 Mr. BURR (for himself and Mr. WARNER) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To authorize appropriations for fiscal year 2019 for intel- ligence and intelligence-related activities of the United States Government, the Community Management Ac- count, and the Central Intelligence Agency Retirement and Disability System. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Damon Paul Nelson and Matthew Young Pollard Intel- 5 ligence Authorization Act for Fiscal Years 2018 and 6 2019’’. 7 VerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 245 IS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Explanatory statement. TITLE I—INTELLIGENCE ACTIVITIES Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 201. Authorization of appropriations. Sec. 202. Computation of annuities for employees of the Central Intelligence Agency. TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS Sec. 301. Restriction on conduct of intelligence activities. Sec. 302. Increase in employee compensation and benefits authorized by law. Sec. 303. Modification of special pay authority for science, technology, engi- neering, or mathematics positions and addition of special pay authority for cyber positions. Sec. 304. Modification of appointment of Chief Information Officer of the Intel- ligence Community. Sec. 305. Director of National Intelligence review of placement of positions within the intelligence community on the Executive Schedule. Sec. 306. Supply Chain and Counterintelligence Risk Management Task Force. Sec. 307. Consideration of adversarial telecommunications and cybersecurity in- frastructure when sharing intelligence with foreign govern- ments and entities. Sec. 308. Cyber protection support for the personnel of the intelligence commu- nity in positions highly vulnerable to cyber attack. Sec. 309. Modification of authority relating to management of supply-chain risk. Sec. 310. Limitations on determinations regarding certain security classifica- tions. Sec. 311. Joint Intelligence Community Council. Sec. 312. Intelligence community information technology environment. Sec. 313. Report on development of secure mobile voice solution for intelligence community. Sec. 314. Policy on minimum insider threat standards. Sec. 315. Submission of intelligence community policies. Sec. 316. Expansion of intelligence community recruitment efforts. TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY Subtitle A—Office of the Director of National Intelligence Sec. 401. Authority for protection of current and former employees of the Of- fice of the Director of National Intelligence. VerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S245.IS S245 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 245 IS Sec. 402. Designation of the program manager-information sharing environ- ment. Sec. 403. Technical modification to the executive schedule. Sec. 404. Chief Financial Officer of the Intelligence Community. Sec. 405. Chief Information Officer of the Intelligence Community. Subtitle B—Central Intelligence Agency Sec. 411. Central Intelligence Agency subsistence for personnel assigned to aus- tere locations. Sec. 412. Expansion of security protective service jurisdiction of the Central In- telligence Agency. Sec. 413. Repeal of foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency. Subtitle C—Office of Intelligence and Counterintelligence of Department of Energy Sec. 421. Consolidation of Department of Energy Offices of Intelligence and Counterintelligence. Sec. 422. Establishment of Energy Infrastructure Security Center. Sec. 423. Repeal of Department of Energy Intelligence Executive Committee and budget reporting requirement. Subtitle D—Other Elements Sec. 431. Plan for designation of counterintelligence component of Defense Se- curity Service as an element of intelligence community. Sec. 432. Notice not required for private entities. Sec. 433. Framework for roles, missions, and functions of Defense Intelligence Agency. Sec. 434. Establishment of advisory board for National Reconnaissance Office. Sec. 435. Collocation of certain Department of Homeland Security personnel at field locations. TITLE V—ELECTION MATTERS Sec. 501. Report on cyber attacks by foreign governments against United States election infrastructure. Sec. 502. Review of intelligence community’s posture to collect against and ana- lyze Russian efforts to influence the Presidential election. Sec. 503. Assessment of foreign intelligence threats to Federal elections. Sec. 504. Strategy for countering Russian cyber threats to United States elec- tions. Sec. 505. Assessment of significant Russian influence campaigns directed at foreign elections and referenda. Sec. 506. Foreign counterintelligence and cybersecurity threats to Federal elec- tion campaigns. Sec. 507. Information sharing with State election officials. Sec. 508. Notification of significant foreign cyber intrusions and active meas- ures campaigns directed at elections for Federal offices. Sec. 509. Designation of counterintelligence officer to lead election security matters. TITLE VI—SECURITY CLEARANCES Sec. 601. Definitions. VerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S245.IS S245 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 245 IS Sec. 602. Reports and plans relating to security clearances and background in- vestigations. Sec. 603. Improving the process for security clearances. Sec. 604. Goals for promptness of determinations regarding security clearances. Sec. 605. Security Executive Agent. Sec. 606. Report on unified, simplified, Governmentwide standards for positions of trust and security clearances. Sec. 607. Report on clearance in person concept. Sec. 608. Budget request documentation on funding for background investiga- tions. Sec. 609. Reports on reciprocity for security clearances inside of departments and agencies. Sec. 610. Intelligence community reports on security clearances. Sec. 611. Periodic report on positions in the intelligence community that can be conducted without access to classified information, net- works, or facilities. Sec. 612. Information sharing program for positions of trust and security clear- ances. Sec. 613. Report on protections for confidentiality of whistleblower-related com- munications. TITLE VII—REPORTS AND OTHER MATTERS Subtitle A—Matters Relating to Russia and Other Foreign Powers Sec. 701. Limitation relating to establishment or support of cybersecurity unit with the Russian Federation. Sec. 702. Report on returning Russian compounds. Sec. 703. Assessment of threat finance relating to Russia. Sec. 704. Notification of an active measures campaign. Sec. 705. Notification of travel by accredited diplomatic and consular personnel of the Russian Federation in the United States. Sec. 706. Report on outreach strategy addressing threats from United States adversaries to the United States technology sector. Sec. 707. Report on Iranian support of proxy forces in Syria and Lebanon. Sec. 708. Annual report on Iranian expenditures supporting foreign military and terrorist activities. Sec. 709. Expansion of scope of committee to counter active measures and re- port on establishment of Foreign Malign Influence Center. Subtitle B—Reports Sec. 711. Technical correction to Inspector General study. Sec. 712. Reports on authorities of the Chief Intelligence Officer of the Depart- ment of Homeland Security. Sec. 713. Report on cyber exchange program. Sec. 714. Review of intelligence community whistleblower matters. Sec. 715. Report on role of Director of National Intelligence with respect to certain foreign investments. Sec. 716. Report on surveillance by foreign governments against United States telecommunications networks. Sec. 717. Biennial report on foreign investment risks. Sec. 718. Modification of certain reporting requirement on travel of foreign dip- lomats. Sec. 719. Semiannual reports on investigations of unauthorized disclosures of classified information. VerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S245.IS S245 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 245 IS Sec. 720. Congressional notification of designation of covered intelligence offi- cer as persona non grata. Sec. 721. Reports on intelligence community participation in vulnerabilities eq- uities process of Federal Government. Sec. 722. Inspectors General reports on classification. Sec. 723. Reports on global water insecurity and national security implications and briefing on emerging infectious disease and pandemics. Sec. 724. Annual report on memoranda of understanding between elements of intelligence community and other entities of the United States Government regarding significant operational activities or pol- icy. Sec. 725. Study on the feasibility of encrypting unclassified wireline and wire- less telephone calls. Sec. 726. Modification of requirement for annual report on hiring and retention of minority employees. Sec. 727. Reports on intelligence community loan repayment and related pro- grams. Sec. 728. Repeal of certain reporting requirements. Sec. 729. Inspector General of the Intelligence Community report on senior ex- ecutives of the Office of the Director of National Intelligence. Sec. 730. Briefing on Federal Bureau of Investigation offering permanent resi- dence to sources and cooperators. Sec. 731. Intelligence assessment of North Korea revenue sources. Sec. 732. Report on possible exploitation of virtual currencies by terrorist ac- tors. Sec. 733. Inclusion of disciplinary actions in annual report relating to section 702 of the Foreign Intelligence Surveillance Act of 1978. Subtitle C—Other Matters Sec. 741. Public Interest Declassification Board. Sec. 742. Securing energy infrastructure. Sec. 743. Bug bounty programs. Sec. 744. Modification of authorities relating to the National Intelligence Uni- versity. Sec. 745. Technical and clerical amendments to the National Security Act of 1947. Sec. 746. Technical amendments related to the Department of Energy. Sec. 747. Sense of Congress on notification of certain disclosures of classified information. Sec. 748. Sense of Congress on consideration of espionage activities when con- sidering whether or not to provide visas to foreign individuals to be accredited to a United Nations mission in the United States. Sec. 749. Sense of Congress on WikiLeaks. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CONGRESSIONAL INTELLIGENCE COMMIT- 3 TEES.—The term ‘‘congressional intelligence com- 4 mittees’’ has the meaning given such term in section 5 VerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 245 IS 3 of the National Security Act of 1947 (50 U.S.C. 1 3003). 2 (2) INTELLIGENCE COMMUNITY.—The term 3 ‘‘intelligence community’’ has the meaning given 4 such term in such section. 5 SEC. 3. EXPLANATORY STATEMENT. 6 The explanatory statement regarding this Act, print- 7 ed in the Senate section of the Congressional Record, by 8 the Chairman of the Select Committee on Intelligence of 9 the Senate, shall have the same effect with respect to the 10 implementation of this Act as if it were a joint explanatory 11 statement of a committee of conference. 12 TITLE I—INTELLIGENCE 13 ACTIVITIES 14 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 15 (a) FISCAL YEAR 2019.—Funds are hereby author- 16 ized to be appropriated for fiscal year 2019 for the con- 17 duct of the intelligence and intelligence-related activities 18 of the following elements of the United States Govern- 19 ment: 20 (1) The Office of the Director of National Intel- 21 ligence. 22 (2) The Central Intelligence Agency. 23 (3) The Department of Defense. 24 (4) The Defense Intelligence Agency. 25 VerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 245 IS (5) The National Security Agency. 1 (6) The Department of the Army, the Depart- 2 ment of the Navy, and the Department of the Air 3 Force. 4 (7) The Coast Guard. 5 (8) The Department of State. 6 (9) The Department of the Treasury. 7 (10) The Department of Energy. 8 (11) The Department of Justice. 9 (12) The Federal Bureau of Investigation. 10 (13) The Drug Enforcement Administration. 11 (14) The National Reconnaissance Office. 12 (15) The National Geospatial-Intelligence Agen- 13 cy. 14 (16) The Department of Homeland Security. 15 (b) FISCAL YEAR 2018.—Funds that were appro- 16 priated for fiscal year 2018 for the conduct of the intel- 17 ligence and intelligence-related activities of the elements 18 of the United States set forth in subsection (a) are hereby 19 authorized. 20 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 21 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 22 authorized to be appropriated under section 101 for the 23 conduct of the intelligence activities of the elements listed 24 in paragraphs (1) through (16) of section 101, are those 25 VerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 245 IS specified in the classified Schedule of Authorizations pre- 1 pared to accompany this Act. 2 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU- 3 THORIZATIONS.— 4 (1) AVAILABILITY.—The classified Schedule of 5 Authorizations referred to in subsection (a) shall be 6 made available to the Committee on Appropriations 7 of the Senate, the Committee on Appropriations of 8 the House of Representatives, and to the President. 9 (2) DISTRIBUTION BY THE PRESIDENT.—Sub- 10 ject to paragraph (3), the President shall provide for 11 suitable distribution of the [Text truncated for display. 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