Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020

II Calendar No. 97 116TH CONGRESS 1ST SESSION S. 1589 To authorize appropriations for fiscal years 2018, 2019, and 2020 for intel- ligence and intelligence-related activities of the United States Govern- ment, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 22, 2019 Mr. BURR, from the Select Committee on Intelligence, reported the following original bill; which was read twice and placed on the calendar A BILL To authorize appropriations for fiscal years 2018, 2019, and 2020 for intelligence and intelligence-related activities of the United States Government, the Community Man- agement Account, and the Central Intelligence Agency Retirement and Disability System, and for other pur- poses. 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. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Damon Paul Nelson and Matthew Young Pollard Intel- 5 VerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1589 RS ligence Authorization Act for Fiscal Years 2018, 2019, 1 and 2020’’. 2 SEC. 2. DIVISIONS AND TABLE OF CONTENTS. 3 (a) DIVISIONS.—This Act is organized into two divi- 4 sions as follows: 5 (1) Division A—Intelligence Authorizations for 6 Fiscal Year 2020. 7 (2) Division B—Intelligence Authorizations for 8 Fiscal Years 2018 and 2019. 9 (b) TABLE OF CONTENTS.—The table of contents for 10 this Act is as follows: 11 Sec. 1. Short title. Sec. 2. Divisions and table of contents. Sec. 3. Definitions. DIVISION A—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020 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. Modification of amount of Central Intelligence Agency voluntary sep- aration pay. TITLE III—INTELLIGENCE COMMUNITY MATTERS Subtitle A—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. Improving the onboarding methodology for certain intelligence per- sonnel. Sec. 304. Intelligence community public-private talent exchange. Sec. 305. Expansion of scope of protections for identities of covert agents. Sec. 306. Inclusion of security risks in program management plans required for acquisition of major systems in National Intelligence Program. Sec. 307. Paid parental leave. VerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1589.RS S1589 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1589 RS Subtitle B—Office of the Director of National Intelligence Sec. 311. Exclusivity, consistency, and transparency in security clearance proce- dures and right to appeal. Sec. 312. Limitation on transfer of National Intelligence University. Sec. 313. Improving visibility into the security clearance process. Sec. 314. Making certain policies and execution plans relating to personnel clearances available to industry partners. Subtitle C—Inspector General of the Intelligence Community Sec. 321. Definitions. Sec. 322. Inspector General external review panel. Sec. 323. Harmonization of whistleblower processes and procedures. Sec. 324. Intelligence community oversight of agency whistleblower actions. Sec. 325. Report on cleared whistleblower attorneys. TITLE IV—REPORTS AND OTHER MATTERS Sec. 401. Study on foreign employment of former personnel of intelligence com- munity. Sec. 402. Comprehensive economic assessment of investment in key United States technologies by companies or organizations linked to China. Sec. 403. Analysis of and periodic briefings on major initiatives of intelligence community in artificial intelligence and machine learning. Sec. 404. Encouraging cooperative actions to detect and counter foreign influ- ence operations. Sec. 405. Oversight of foreign influence in academia. Sec. 406. Director of National Intelligence report on fifth-generation wireless network technology. Sec. 407. Annual report by Comptroller General of the United States on cyber- security and surveillance threats to Congress. Sec. 408. Director of National Intelligence assessments of foreign interference in elections. Sec. 409. Study on feasibility and advisability of establishing Geospatial-Intel- ligence Museum and learning center. Sec. 410. Report on death of Jamal Khashoggi. DIVISION B—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019 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. VerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1589.RS S1589 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1589 RS 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. 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. VerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S1589.RS S1589 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1589 RS 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. 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 VerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S1589.RS S1589 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1589 RS 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. 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. VerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\S1589.RS S1589 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1589 RS Sec. 732. Report on possible exploitation of virtual currencies by terrorist ac- tors. 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 ind [Text truncated for display. Full text available on Congress.gov.]