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

IIB 116TH CONGRESS 1ST SESSION H. R. 3494 IN THE SENATE OF THE UNITED STATES JULY 18, 2019 Received; read twice and referred to the Select Committee on Intelligence AN ACT 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. VerDate Sep 11 2014 21:59 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3494.RFS H3494 kjohnson on DSK79L0C42 with BILLS 2 HR 3494 RFS 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 This Act may be cited as the ‘‘Damon Paul Nelson 4 and Matthew Young Pollard Intelligence Authorization 5 Act for Fiscal Years 2018, 2019, and 2020’’. 6 SEC. 2. DIVISIONS AND TABLE OF CONTENTS. 7 (a) DIVISIONS.—This Act is organized into two divi- 8 sions as follows: 9 (1) Division A—Intelligence Authorizations for 10 Fiscal Year 2020. 11 (2) Division B—Intelligence Authorizations for 12 Fiscal Years 2018 and 2019. 13 (b) TABLE OF CONTENTS.—The table of contents for 14 this Act is as follows: 15 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. 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. Paid parental leave. Sec. 304. Unfunded requirements of the intelligence community. VerDate Sep 11 2014 21:59 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3494.RFS H3494 kjohnson on DSK79L0C42 with BILLS 3 HR 3494 RFS Sec. 305. Extending the Intelligence Identities Protection Act of 1982. Sec. 306. Intelligence community public-private talent exchange. Sec. 307. Assessment of contracting practices to identify certain security and counterintelligence concerns. Sec. 308. Required counterintelligence briefings and notifications. TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY Sec. 401. Establishment of Climate Security Advisory Council. Sec. 402. Transfer of National Intelligence University to the Office of the Di- rector of National Intelligence. Sec. 403. Death benefits for survivors of Central Intelligence Agency personnel. Sec. 404. Foreign Threat Response Center. TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES Sec. 501. Annual reports on influence operations and campaigns in the United States by the Communist Party of China. Sec. 502. Report on repression of ethnic Muslim minorities in the Xinjiang re- gion of the People’s Republic of China. Sec. 503. Report on efforts by People’s Republic of China to influence election in Taiwan. Sec. 504. Assessment of legitimate and illegitimate financial and other assets of Vladimir Putin. Sec. 505. Assessments of intentions of political leadership of the Russian Fed- eration. Sec. 506. Report on death of Jamal Khashoggi. Sec. 507. Assessments regarding the Northern Triangle and Mexico. Sec. 508. Sense of Congress and report on Iranian efforts in Syria. Sec. 509. Annual reports on influence operations and campaigns in the United States by the Russian Federation. TITLE VI—FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM Sec. 601. Definitions. Sec. 602. Annual strategic intelligence assessment of and comprehensive report on domestic terrorism. Sec. 603. Report characterizing domestic terrorism activity within the United States. TITLE VII—REPORTS AND OTHER MATTERS Sec. 701. Modification of requirements for submission to Congress of certain reports. Sec. 702. Increased transparency regarding counterterrorism budget of the United States. Sec. 703. Task force on illicit financing of espionage and foreign influence oper- ations. Sec. 704. Study on role of retired and former personnel of intelligence commu- nity with respect to certain foreign intelligence operations. Sec. 705. Report by Director of National Intelligence on fifth-generation wire- less network technology. Sec. 706. Establishment of 5G prize competition. Sec. 707. Establishment of deepfakes prize competition. Sec. 708. Removal and neutralization of IMSI catchers. Sec. 709. Plan for strengthening the supply chain intelligence function. VerDate Sep 11 2014 21:59 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H3494.RFS H3494 kjohnson on DSK79L0C42 with BILLS 4 HR 3494 RFS Sec. 710. Securing energy infrastructure. Sec. 711. Collection, analysis, and dissemination of workforce data. Sec. 712. Report on best practices to protect privacy and civil liberties of Chi- nese Americans. Sec. 713. Intelligence assessment of relationship between women and violent ex- tremism. Sec. 714. Report on use by intelligence community of facial recognition tech- nology. Sec. 715. Report on deepfake technology, foreign weaponization of deepfakes, and related notifications. Sec. 716. Rule of construction with respect to certain crimes relating to ter- rorism. Sec. 717. Report on international mobile subscriber identity-catchers and United States national security. Sec. 718. Whistleblower disclosures to Congress and committees of Congress. Sec. 719. Report containing threat assessment on terrorist use of conventional and advanced conventional weapons. Sec. 720. Assessment of homeland security vulnerabilities associated with cer- tain retired and former personnel of the intelligence commu- nity. Sec. 721. Expansion of availability of financial assets of Iran to victims of ter- rorism. Sec. 722. Report on terrorist screening database. Sec. 723. Sense of Congress on Americans and foreign individuals who con- tribute to the national security of the United States who are held captive. DIVISION B—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019 TITLE XXI—INTELLIGENCE ACTIVITIES Sec. 2101. Authorization of appropriations. Sec. 2102. Classified Schedule of Authorizations. Sec. 2103. Intelligence Community Management Account. TITLE XXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 2201. Authorization of appropriations. Sec. 2202. Computation of annuities for employees of the Central Intelligence Agency. TITLE XXIII—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, engi- neering, or mathematics positions and addition of special pay authority for cyber positions. Sec. 2304. Modification of appointment of Chief Information Officer of the In- telligence Community. Sec. 2305. Director of National Intelligence review of placement of positions within the intelligence community on the Executive Schedule. Sec. 2306. Supply Chain and Counterintelligence Risk Management Task Force. VerDate Sep 11 2014 21:59 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H3494.RFS H3494 kjohnson on DSK79L0C42 with BILLS 5 HR 3494 RFS Sec. 2307. Consideration of adversarial telecommunications and cybersecurity infrastructure when sharing intelligence with foreign govern- ments and entities. Sec. 2308. Cyber protection support for the personnel of the intelligence com- munity in positions highly vulnerable to cyber attack. Sec. 2309. Elimination of sunset of authority relating to management of sup- ply-chain risk. Sec. 2310. Limitations on determinations regarding certain security classifica- tions. Sec. 2311. Joint Intelligence Community Council. Sec. 2312. Intelligence community information technology environment. Sec. 2313. Report on development of secure mobile voice solution for intel- ligence community. Sec. 2314. Policy on minimum insider threat standards. Sec. 2315. Submission of intelligence community policies. Sec. 2316. Expansion of intelligence community recruitment efforts. TITLE XXIV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY Subtitle A—Office of the Director of National Intelligence Sec. 2401. Authority for protection of current and former employees of the Of- fice of the Director of National Intelligence. Sec. 2402. Designation of the program manager-information sharing environ- ment. Sec. 2403. Technical modification to the executive schedule. Sec. 2404. Chief Financial Officer of the Intelligence Community. Sec. 2405. Chief Information Officer of the Intelligence Community. Subtitle B—Central Intelligence Agency Sec. 2411. Central Intelligence Agency subsistence for personnel assigned to austere locations. Sec. 2412. Special rules for certain monthly workers’ compensation payments and other payments for Central Intelligence Agency 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. Plan for designation of counterintelligence component of Defense Security Service as an element of intelligence community. Sec. 2432. Notice not required for private entities. Sec. 2433. Establishment of advisory board for National Reconnaissance Office. VerDate Sep 11 2014 21:59 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H3494.RFS H3494 kjohnson on DSK79L0C42 with BILLS 6 HR 3494 RFS Sec. 2434. Collocation of certain Department of Homeland Security personnel at field locations. TITLE XXV—ELECTION MATTERS Sec. 2501. Report on cyber attacks by foreign governments against United States election infrastructure. Sec. 2502. Review of intelligence community’s posture to collect against and analyze Russian efforts to influence the Presidential election. Sec. 2503. Assessment of foreign intelligence threats to Federal elections. Sec. 2504. Strategy for countering Russian cyber threats to United States elec- tions. Sec. 2505. Assessment of significant Russian influence campaigns directed at foreign elections and referenda. Sec. 2506. Information sharing with State election officials. Sec. 2507. Notification of significant foreign cyber intrusions and active meas- ures campaigns directed at elections for Federal offices. Sec. 2508. Designation of counterintelligence officer to lead election security matters. TITLE XXVI—SECURITY CLEARANCES Sec. 2601. Definitions. Sec. 2602. Reports and plans relating to security clearances and background investigations. Sec. 2603. Improving the process for security clearances. Sec. 2604. Goals for promptness of determinations regarding security clear- ances. Sec. 2605. Security Executive Agent. Sec. 2606. Report on unified, simplified, Governmentwide standards for posi- tions of trust and security clearances. Sec. 2607. Report on clearance in person concept. Sec. 2608. Reports on reciprocity for security clearances inside of departments and agencies. Sec. 2609. Intelligence community reports on security clearances. Sec. 2610. Periodic report on positions in the intelligence community that can be conducted without access to classified information, net- works, or facilities. Sec. 2611. Information sharing program for positions of trust and security clearances. Sec. 2612. Report on protections for confidentiality of whistleblower-related communications. TITLE XXVII—REPORTS AND OTHER MATTERS Subtitle A—Matters Relating to Russia and Other Foreign Powers Sec. 2701. Limitation relating to establishment or support of cybersecurity unit with the Russian Federation. Sec. 2702. Report on returning Russian compounds. Sec. 2703. Assessment of threat finance relating to Russia. Sec. 2704. Notification of an active measures campaign. Sec. 2705. Notification of travel by accredited diplomatic and consular per- sonnel of the Russian Federation in the United States. Sec. 2706. Report on outreach strategy addressing threats from United States adversaries to the United States technology sector. Sec. 2707. Report on Iranian support of proxy forces in Syria and Lebanon. VerDate Sep 11 2014 21:59 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H3494.RFS H3494 kjohnson on DSK79L0C42 with BILLS 7 HR 3494 RFS Sec. 2708. Annual report on Iranian expenditures supporting foreign military and terrorist activities. Sec. 2709. Expansion of scope of committee to counter active measures and re- port on establishment of Foreign Malign Influence Center. Subtitle B—Reports Sec. 2711. Technical correction to Inspector General study. Sec. 2712. Reports on authorities of the Chief Intelligence Officer of the De- partment of Homeland Security. Sec. 2713. Review of intelligence community whistleblower matters. Sec. 2714. Report on role of Director of National Intelligence with respect to certain foreign investments. Sec. 2715. Report on surveillance by foreign governments against United States telecommunications networks. Sec. 2716. Biennial report on foreign investment risks. Sec. 2717. Modification of certain reporting requirement on travel of foreign diplomats. Sec. 2718. Semiannual reports on investigations of unauthorized disclosures of classified information. Sec. 2719. Congressional notification of designation of covered intelligence offi- cer as persona non grata. Sec. 2720. Reports on intelligence community participation in vulnerabilities eq- uities process of Federal Government. Sec. 2721. Inspectors General reports on classification. Sec. 2722. Reports on global water insecurity and national security implications and briefing on emerging infectious disease and pandemics. Sec. 2723. 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. 2724. Study on the feasibility of encrypting unclassified wireline and wire- less telephone calls. Sec. 2725. Modification of requirement for annual report on hiring and [Text truncated for display. Full text available on Congress.gov.]