TO H.R. 3180

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 3180

OFFERED BY MR. NUNES OF CALIFORNIA

Strike all after the enacting clause and insert the

following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1

(a) SHORT TITLE.—This Act may be cited as the 2

‘‘Intelligence Authorization Act for Fiscal Year 2018’’. 3

(b) TABLE OF CONTENTS.—The table of contents for 4

this Act is as follows:5

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified Schedule of Authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Intelligence Community Management Account.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

Sec. 202. Computation of annuities for employees of the Central Intelligence

Agency.

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Restriction on conduct of intelligence activities.

Sec. 302. Increase in employee compensation and benefits authorized by law.

Sec. 303. Congressional oversight of intelligence community contractors.

Sec. 304. Enhanced personnel security programs.

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE

INTELLIGENCE COMMUNITY

Subtitle A—Office of the Director of National Intelligence

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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 correction to the executive schedule.

Subtitle B—Other Elements

Sec. 411. Requirements relating to appointment of General Counsel of National

Security Agency.

Sec. 412. Transfer or elimination of certain components and functions of the

Defense Intelligence Agency.

Sec. 413. Technical amendments related to the Department of Energy.

TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES

Sec. 501. Assessment of significant Russian influence campaigns directed at

foreign elections and referenda.

Sec. 502. Foreign counterintelligence and cybersecurity threats to Federal elec-

tion campaigns.

Sec. 503. Assessment of threat finance relating to the Russian Federation.

TITLE VI—REPORTS AND OTHER MATTERS

Sec. 601. Period of overseas assignments for certain foreign service officers.

Sec. 602. Semiannual reports on investigations of unauthorized public disclo-

sures of classified information.

Sec. 603. Intelligence community reports on security clearances.

Sec. 604. Report on expansion of Security Protective Services jurisdiction.

Sec. 605. Report on role of Director of National Intelligence with respect to

certain foreign investments.

Sec. 606. Report on Cyber Exchange Program.

Sec. 607. Review of intelligence community participation in vulnerabilities equi-

ties process.

Sec. 608. Review of Intelligence Community whistleblower matters.

Sec. 609. Sense of Congress on notifications of certain disclosures of classified

information.

SEC. 2. DEFINITIONS. 1

In this Act: 2

(1) CONGRESSIONAL INTELLIGENCE COMMIT-3

TEES.—The term ‘‘congressional intelligence com-4

mittees’’ means—5

(A) the Select Committee on Intelligence of 6

the Senate; and 7

(B) the Permanent Select Committee on 8

Intelligence of the House of Representatives. 9



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3

(2) INTELLIGENCE COMMUNITY.—The term 1

‘‘intelligence community’’ has the meaning given 2

that term in section 3(4) of the National Security 3

Act of 1947 (50 U.S.C. 3003(4)). 4

TITLE I—INTELLIGENCE 5

ACTIVITIES 6

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 7

Funds are hereby authorized to be appropriated for 8

fiscal year 2018 for the conduct of the intelligence and 9

intelligence-related activities of the following elements of 10

the United States Government: 11

(1) The Office of the Director of National Intel-12

ligence. 13

(2) The Central Intelligence Agency. 14

(3) The Department of Defense. 15

(4) The Defense Intelligence Agency. 16

(5) The National Security Agency. 17

(6) The Department of the Army, the Depart-18

ment of the Navy, and the Department of the Air 19

Force. 20

(7) The Coast Guard. 21

(8) The Department of State. 22

(9) The Department of the Treasury. 23

(10) The Department of Energy. 24

(11) The Department of Justice. 25



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4

(12) The Federal Bureau of Investigation. 1

(13) The Drug Enforcement Administration. 2

(14) The National Reconnaissance Office. 3

(15) The National Geospatial-Intelligence Agen-4

cy. 5

(16) The Department of Homeland Security. 6

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 7

(a) SPECIFICATIONS OF AMOUNTS.—The amounts 8

authorized to be appropriated under section 101 and, sub-9

ject to section 103, the authorized personnel ceilings as 10

of September 30, 2018, for the conduct of the intelligence 11

activities of the elements listed in paragraphs (1) through 12

(16) of section 101, are those specified in the classified 13

Schedule of Authorizations prepared to accompany this 14

Act. 15

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-16

THORIZATIONS.—17

(1) AVAILABILITY.—The classified Schedule of 18

Authorizations referred to in subsection (a) shall be 19

made available to the Committee on Appropriations 20

of the Senate, the Committee on Appropriations of 21

the House of Representatives, and to the President. 22

(2) DISTRIBUTION BY THE PRESIDENT.—Sub-23

ject to paragraph (3), the President shall provide for 24

suitable distribution of the classified Schedule of Au-25



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5

thorizations referred to in subsection (a), or of ap-1

propriate portions of such Schedule, within the exec-2

utive branch. 3

(3) LIMITS ON DISCLOSURE.—The President 4

shall not publicly disclose the classified Schedule of 5

Authorizations or any portion of such Schedule ex-6

cept—7

(A) as provided in section 601(a) of the 8

Implementing Recommendations of the 9/11 9

Commission Act of 2007 (50 U.S.C. 3306(a)); 10

(B) to the extent necessary to implement 11

the budget; or 12

(C) as otherwise required by law. 13

SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 14

(a) AUTHORITY FOR INCREASES.—The Director of 15

National Intelligence may authorize employment of civil-16

ian personnel in excess of the number authorized for fiscal 17

year 2018 by the classified Schedule of Authorizations re-18

ferred to in section 102(a) if the Director of National In-19

telligence determines that such action is necessary to the 20

performance of important intelligence functions, except 21

that the number of personnel employed in excess of the 22

number authorized under such section may not, for any 23

element of the intelligence community, exceed 3 percent 24



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6

of the number of civilian personnel authorized under such 1

schedule for such element. 2

(b) TREATMENT OF CERTAIN PERSONNEL.—The Di-3

rector of National Intelligence shall establish guidelines 4

that govern, for each element of the intelligence commu-5

nity, the treatment under the personnel levels authorized 6

under section 102(a), including any exemption from such 7

personnel levels, of employment or assignment in—8

(1) a student program, trainee program, or 9

similar program; 10

(2) a reserve corps or as a reemployed annu-11

itant; or 12

(3) details, joint duty, or long-term, full-time 13

training. 14

(c) NOTICE TO CONGRESSIONAL INTELLIGENCE 15

COMMITTEES.—The Director of National Intelligence 16

shall notify the congressional intelligence committees in 17

writing at least 15 days prior to each exercise of an au-18

thority described in subsection (a). 19

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-20

COUNT. 21

(a) AUTHORIZATION OF APPROPRIATIONS.—There is 22

authorized to be appropriated for the Intelligence Commu-23

nity Management Account of the Director of National In-24

telligence for fiscal year 2018 the sum of $526,900,000. 25



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7

Within such amount, funds identified in the classified 1

Schedule of Authorizations referred to in section 102(a) 2

for advanced research and development shall remain avail-3

able until September 30, 2019. 4

(b) AUTHORIZED PERSONNEL LEVELS.—The ele-5

ments within the Intelligence Community Management 6

Account of the Director of National Intelligence are au-7

thorized 804 positions as of September 30, 2018. Per-8

sonnel serving in such elements may be permanent em-9

ployees of the Office of the Director of National Intel-10

ligence or personnel detailed from other elements of the 11

United States Government. 12

(c) CLASSIFIED AUTHORIZATIONS.—13

(1) AUTHORIZATION OF APPROPRIATIONS.—In 14

addition to amounts authorized to be appropriated 15

for the Intelligence Community Management Ac-16

count by subsection (a), there are authorized to be 17

appropriated for the Intelligence Community Man-18

agement Account for fiscal year 2018 such addi-19

tional amounts as are specified in the classified 20

Schedule of Authorizations referred to in section 21

102(a). Such additional amounts made available for 22

advanced research and development shall remain 23

available until September 30, 2019. 24



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8

(2) AUTHORIZATION OF PERSONNEL.—In addi-1

tion to the personnel authorized by subsection (b) 2

for elements of the Intelligence Community Manage-3

ment Account as of September 30, 2018, there are 4

authorized such additional personnel for the Com-5

munity Management Account as of that date as are 6

specified in the classified Schedule of Authorizations 7

referred to in section 102(a). 8

TITLE II—CENTRAL INTEL-9

LIGENCE AGENCY RETIRE-10

MENT AND DISABILITY SYS-11

TEM 12

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 13

There is authorized to be appropriated for the Cen-14

tral Intelligence Agency Retirement and Disability Fund 15

for fiscal year 2018 the sum of $514,000,000. 16

SEC. 202. COMPUTATION OF ANNUITIES FOR EMPLOYEES 17

OF THE CENTRAL INTELLIGENCE AGENCY. 18

(a) COMPUTATION OF ANNUITIES.—19

(1) IN GENERAL.—Section 221 of the Central 20

Intelligence Agency Retirement Act (50 U.S.C. 21

2031) is amended—22

(A) in subsection (a)(3)(B), by striking the 23

period at the end and inserting ‘‘, as deter-24

mined by using the annual rate of basic pay 25



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9

that would be payable for full-time service in 1

that position.’’; 2

(B) in subsection (b)(1)(C)(i), by striking 3

‘‘12-month’’ and inserting ‘‘2-year’’; 4

(C) in subsection (f)(2), by striking ‘‘one 5

year’’ and inserting ‘‘two years’’; 6

(D) in subsection (g)(2), by striking ‘‘one 7

year’’ and inserting ‘‘two years’’; 8

(E) by redesignating subsections (h), (i), 9

(j), (k), and (l) as subsections (i), (j), (k), (l), 10

and (m), respectively; and 11

(F) by inserting after subsection (g) the 12

following: 13

‘‘(h) CONDITIONAL ELECTION OF INSURABLE INTER-14

EST SURVIVOR ANNUITY BY PARTICIPANTS MARRIED AT 15

THE TIME OF RETIREMENT.—16

‘‘(1) AUTHORITY TO MAKE DESIGNATION.—17

Subject to the rights of former spouses under sub-18

section (b) and section 222, at the time of retire-19

ment a married participant found by the Director to 20

be in good health may elect to receive an annuity re-21

duced in accordance with subsection (f)(1)(B) and 22

designate in writing an individual having an insur-23

able interest in the participant to receive an annuity 24

under the system after the participant’s death, ex-25



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10

cept that any such election to provide an insurable 1

interest survivor annuity to the participant’s spouse 2

shall only be effective if the participant’s spouse 3

waives the spousal right to a survivor annuity under 4

this Act. The amount of the annuity shall be equal 5

to 55 percent of the participant’s reduced annuity. 6

‘‘(2) REDUCTION IN PARTICIPANT’S ANNUITY.—7

The annuity payable to the participant making such 8

election shall be reduced by 10 percent of an annuity 9

computed under subsection (a) and by an additional 10

5 percent for each full 5 years the designated indi-11

vidual is younger than the participant. The total re-12

duction under this subparagraph may not exceed 40 13

percent. 14

‘‘(3) COMMENCEMENT OF SURVIVOR ANNU-15

ITY.—The annuity payable to the designated indi-16

vidual shall begin on the day after the retired partic-17

ipant dies and terminate on the last day of the 18

month before the designated individual dies. 19

‘‘(4) RECOMPUTATION OF PARTICIPANT’S AN-20

NUITY ON DEATH OF DESIGNATED INDIVIDUAL.—An 21

annuity which is reduced under this subsection shall, 22

effective the first day of the month following the 23

death of the designated individual, be recomputed 24



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11

and paid as if the annuity had not been so re-1

duced.’’. 2

(2) CONFORMING AMENDMENTS.—3

(A) CENTRAL INTELLIGENCE AGENCY RE-4

TIREMENT ACT.—The Central Intelligence 5

Agency Retirement Act (50 U.S.C. 2001 et 6

seq.) is amended—7

(i) in section 232(b)(1) (50 U.S.C. 8

2052(b)(1)), by striking ‘‘221(h),’’ and in-9

serting ‘‘221(i),’’; and 10

(ii) in section 252(h)(4) (50 U.S.C. 11

2082(h)(4)), by striking ‘‘221(k)’’ and in-12

serting ‘‘221(l)’’. 13

(B) CENTRAL INTELLIGENCE AGENCY ACT 14

OF 1949.—Subsection (a) of section 14 of the 15

Central Intelligence Agency Act of 1949 (50 16

U.S.C. 3514(a)) is amended by striking 17

‘‘221(h)(2), 221(i), 221(l),’’ and inserting 18

‘‘221(i)(2), 221(j), 221(m),’’. 19

(b) ANNUITIES FOR FORMER SPOUSES.—Subpara-20

graph (B) of section 222(b)(5) of the Central Intelligence 21

Agency Retirement Act (50 U.S.C. 2032(b)(5)(B)) is 22

amended by striking ‘‘one year’’ and inserting ‘‘two 23

years’’. 24



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12

(c) PRIOR SERVICE CREDIT.—Subparagraph (A) of 1

section 252(b)(3) of the Central Intelligence Agency Re-2

tirement Act (50 U.S.C. 2082(b)(3)(A)) is amended by 3

striking ‘‘October 1, 1990’’ both places that term appears 4

and inserting ‘‘March 31, 1991’’. 5

(d) REEMPLOYMENT COMPENSATION.—Section 273 6

of the Central Intelligence Agency Retirement Act (50 7

U.S.C. 2113) is amended—8

(1) by redesignating subsections (b) and (c) as 9

subsections (c) and (d), respectively; and 10

(2) by inserting after subsection (a) the fol-11

lowing: 12

‘‘(b) PART-TIME REEMPLOYED ANNUITANTS.—The 13

Director shall have the authority to reemploy an annuitant 14

in a part-time basis in accordance with section 8344(l) of 15

title 5, United States Code.’’. 16

(e) EFFECTIVE DATE AND APPLICATION.—The 17

amendments made by subsection (a)(1)(A) and subsection 18

(c) shall take effect as if enacted on October 28, 2009, 19

and shall apply to computations or participants, respec-20

tively, as of such date. 21



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13

TITLE III—GENERAL INTEL-1

LIGENCE COMMUNITY MAT-2

TERS 3

SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 4

ACTIVITIES. 5

The authorization of appropriations by this Act shall 6

not be deemed to constitute authority for the conduct of 7

any intelligence activity which is not otherwise authorized 8

by the Constitution or the laws of the United States. 9

SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 10

BENEFITS AUTHORIZED BY LAW. 11

Appropriations authorized by this Act for salary, pay, 12

retirement, and other benefits for Federal employees may 13

be increased by such additional or supplemental amounts 14

as may be necessary for increases in such compensation 15

or benefits authorized by law. 16

SEC. 303. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE 17

COMMUNITY CONTRACTORS. 18

(a) OVERSIGHT BY CONGRESS.—19

(1) IN GENERAL.—Title V of the National Se-20

curity Act of 1947 (50 U.S.C. 3091 et seq.) is 21

amended by inserting after section 506J the fol-22

lowing new section: 23



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14

‘‘SEC. 506K. OVERSIGHT OF INTELLIGENCE COMMUNITY 1

CONTRACTORS. 2

‘‘Notwithstanding the terms of any contract awarded 3

by the head of an element of the intelligence community, 4

the head may not—5

‘‘(1) prohibit a contractor of such element from 6

contacting or meeting with either of the congres-7

sional intelligence committees (including a member 8

or an employee thereof) to discuss matters relating 9

to a contract; 10

‘‘(2) take any adverse action against a con-11

tractor of such element, including by suspending or 12

debarring the contractor or terminating a contract, 13

based on the contractor contacting or meeting with 14

either of the congressional intelligence committees 15

(including a member or an employee thereof) to dis-16

cuss matters relating to a contract; or 17

‘‘(3) require the approval of the head before a 18

contractor of such element contacts or meets with ei-19

ther of the congressional intelligence committees (in-20

cluding a member or an employee thereof) to discuss 21

matters relating to a contract.’’. 22

(2) CLERICAL AMENDMENT.—The table of con-23

tents in the first section of the National Security 24



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15

Act of 1947 is amended by inserting after the item 1

relating to section 506J the following new item:2

‘‘Sec. 506K. Oversight of intelligence community contractors.’’.

(b) APPLICATION.—The amendment made by sub-3

section (a)(1) shall apply with respect to a contract award-4

ed by the head of an element of the intelligence community 5

on or after the date of the enactment of this Act. 6

SEC. 304. ENHANCED PERSONNEL SECURITY PROGRAMS. 7

Section 11001(d) of title 5, United States Code, is 8

amended—9

(1) in the subsection heading, by striking 10

‘‘AUDIT’’ and inserting ‘‘REVIEW’’; 11

(2) in paragraph (1), by striking ‘‘audit’’ and 12

inserting ‘‘review’’; and 13

(3) in paragraph (2), by striking ‘‘audit’’ and 14

inserting ‘‘review’’. 15

TITLE IV—MATTERS RELATING 16

TO ELEMENTS OF THE INTEL-17

LIGENCE COMMUNITY 18

Subtitle A—Office of the Director 19

of National Intelligence 20

SEC. 401. AUTHORITY FOR PROTECTION OF CURRENT AND 21

FORMER EMPLOYEES OF THE OFFICE OF THE 22

DIRECTOR OF NATIONAL INTELLIGENCE. 23

Section 5(a)(4) of the Central Intelligence Agency 24

Act of 1949 (50 U.S.C. 3506(a)(4)) is amended by strik-25



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16

ing ‘‘such personnel of the Office of the Director of Na-1

tional Intelligence as the Director of National Intelligence 2

may designate;’’ and inserting ‘‘current and former per-3

sonnel of the Office of the Director of National Intel-4

ligence and their immediate families as the Director of Na-5

tional Intelligence may designate;’’. 6

SEC. 402. DESIGNATION OF THE PROGRAM MANAGER-IN-7

FORMATION SHARING ENVIRONMENT. 8

(a) INFORMATION SHARING ENVIRONMENT.—Sec-9

tion 1016(b) of the Intelligence Reform and Terrorism 10

Prevention Act of 2004 (6 U.S.C. 485(b)) is amended—11

(1) in paragraph (1), by striking ‘‘President’’ 12

and inserting ‘‘Director of National Intelligence’’; 13

and 14

(2) in paragraph (2), by striking ‘‘President’’ 15

both places that term appears and inserting ‘‘Direc-16

tor of National Intelligence’’. 17

(b) PROGRAM MANAGER.—Section 1016(f) of the In-18

telligence Reform and Terrorism Prevention Act of 2004 19

(6 U.S.C. 485(f)) is amended by striking ‘‘The individual 20

designated as the program manager shall serve as pro-21

gram manager until removed from service or replaced by 22

the President (at the President’s sole discretion).’’ and in-23

serting ‘‘Beginning on the date of the enactment of the 24

Intelligence Authorization Act for Fiscal Year 2018, each 25



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17

individual designated as the program manager shall be ap-1

pointed by the Director of National Intelligence.’’. 2

SEC. 403. TECHNICAL CORRECTION TO THE EXECUTIVE 3

SCHEDULE. 4

Section 5313 of title 5, United States Code, is 5

amended by adding at the end the following:6

‘‘Director of the National Counterintelligence and Se-7

curity.’’. 8

Subtitle B—Other Elements 9

SEC. 411. REQUIREMENTS RELATING TO APPOINTMENT OF 10

GENERAL COUNSEL OF NATIONAL SECURITY 11

AGENCY. 12

(a) IN GENERAL.—Section 2 of the National Security 13

Agency Act of 1959 (Public Law 86–36; 50 U.S.C. 3602) 14

is amended by adding at the end the following new sub-15

section: 16

‘‘(c)(1) There is a General Counsel of the National 17

Security Agency. 18

‘‘(2) The General Counsel of the National Security 19

Agency shall be appointed by the President, by and with 20

the advice and consent of the Senate.’’. 21

(b) EFFECTIVE DATE.—Subsection (c) of section 2 22

of the National Security Agency Act of 1959 (Public Law 23

86–36; 50 U.S.C. 3602) shall apply with respect to any 24

person who is appointed to serve as General Counsel of 25



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18

the National Security Agency on or after January 21, 1

2021. 2

SEC. 412. TRANSFER OR ELIMINATION OF CERTAIN COMPO-3

NENTS AND FUNCTIONS OF THE DEFENSE IN-4

TELLIGENCE AGENCY. 5

(a) INFORMATION REVIEW TASK FORCE.—6

(1) TRANSFER REQUIRED.—Effective on the 7

date that is 180 days after the date of the enact-8

ment of this Act, there is transferred from the Di-9

rector of the Defense Intelligence Agency to the 10

Chairman of the Joint Chiefs of Staff all functions 11

performed by the Information Review Task Force 12

and all assigned responsibilities performed by the In-13

formation Review Task Force. Upon such transfer, 14

such Task Force shall be designated as a chairman’s 15

controlled activity. 16

(2) TRANSITION PLAN.—17

(A) CONGRESSIONAL BRIEFING.—Not later 18

than 60 days after the date of the enactment of 19

this Act, the Director of the Defense Intel-20

ligence Agency and the Chairman of the Joint 21

Chiefs of Staff shall jointly brief the congres-22

sional intelligence committees and the congres-23

sional defense committees on the plan to carry 24

out the transfer required under paragraph (1). 25



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19

(B) SUBMITTAL OF FORMAL PLAN.—Not 1

later than 90 days after the date of the enact-2

ment of this Act, the Director of the Defense 3

Intelligence Agency and the Chairman of the 4

Joint Chiefs of Staff shall jointly submit to the 5

congressional intelligence committees and the 6

congressional defense committees a formal plan 7

for the transfer required under paragraph (1). 8

(3) LIMITATION ON USE OF FUNDS.—The Di-9

rector of the Defense Intelligence Agency may not 10

obligate or expend any funds authorized to be appro-11

priated for the Information Review Task Force for 12

fiscal year 2018 after the date that is 180 days after 13

the date of the enactment of this Act. Any such 14

funds that are unobligated or unexpended as of such 15

date shall be transferred to the Chairman of the 16

Joint Chiefs of Staff. 17

(b) IDENTITY INTELLIGENCE PROJECT OFFICE.—18

(1) ELIMINATION.—Effective on the date that 19

is 180 days after the date of the enactment of this 20

Act, the Director of the Defense Intelligence Agency 21

shall eliminate the Identity Intelligence Project Of-22

fice, including all functions and assigned responsibil-23

ities performed by the Identity Intelligence Project 24

Office. All personnel and assets pertaining to such 25



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20

Office shall be transferred to other elements of the 1

Defense Intelligence Agency, as determined by the 2

Director. 3





ligence Agency shall brief the congressional in-8

telligence committees and the congressional de-9

fense committees on the plan to carry out the 10

elimination required under paragraph (1). 11




Intelligence Agency shall submit to the congres-15


sional defense committees a formal plan for the 17

elimination required under paragraph (1). 18




priated for the Identity Intelligence Project Office 22

for fiscal year 2018 after the date that is 180 days 23

after the date of the enactment of this Act. Any 24

such funds that are unobligated or unexpended as of 25



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21

such date shall be transferred to other elements of 1

the Defense Intelligence Agency, as determined by 2

the Director. 3

(c) WATCHLISTING BRANCH.—4

(1) TRANSFER REQUIRED.—Effective on the 5

date that is 180 days after the date of the enact-6

ment of this Act, there is transferred from the Di-7

rector of the Defense Intelligence Agency to the Di-8

rector for Intelligence of the Joint Staff all functions 9

and all assigned responsibilities performed by the 10

Watchlisting Branch. 11





ligence Agency and the Director for Intelligence 16

of the Joint Staff shall jointly brief the congres-17


sional defense committees on the plan to carry 19

out the transfer required under paragraph (1). 20




Intelligence Agency and the Director for Intel-24

ligence of the Joint Staff shall jointly submit to 25



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22

the congressional intelligence committees and 1

the congressional defense committees a formal 2

plan for the transfer required under paragraph 3

(1). 4




priated for the Watchlisting Branch for fiscal year 8

2018 after the date that is 180 days after the date 9

of the enactment of this Act. Any such funds that 10

are unobligated or unexpended as of such date shall 11

be transferred to the Director for Intelligence of the 12

Joint Staff. 13

(d) COUNTER-THREAT FINANCE.—14

(1) ELIMINATION.—Not later than 180 days 15

after the date of the enactment of this Act, the Di-16

rector of the Defense Intelligence Agency shall elimi-17

nate the Counter-Threat Finance analysis function 18

of the Defense Intelligence Agency. All personnel 19

and assets pertaining to such function shall be 20

transferred to other elements of the Defense Intel-21

ligence Agency, as determined by the Director. 22






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23


ligence Agency shall brief the congressional in-2

telligence committees and the congressional de-3

fense committees on the plan to eliminate the 4

Counter-Threat Finance analysis function 5

under paragraph (1). 6




Intelligence Agency shall submit to the congres-10


sional defense committees a formal plan to 12

eliminate such function under paragraph (1). 13




priated for the Counter-Threat Finance analysis 17

function for fiscal year 2018 after the date that is 18

180 days after the date of the enactment of this Act. 19

Any such funds that are unobligated or unexpended 20

as of such date shall be transferred to other ele-21

ments of the Defense Intelligence Agency, as deter-22

mined by the Director. 23

(e) NATIONAL INTELLIGENCE UNIVERSITY.—24



g:\VHLC\071217\071217.424.xml (667350|2)

24

(1) TRANSFER REQUIRED.—Effective on Octo-1

ber 1, 2020, there is transferred from the Director 2

of the Defense Intelligence Agency to the Director of 3

National Intelligence all functions and all assigned 4

responsibilities performed by the National Intel-5

ligence University. 6



than October 1, 2018, the Director of the De-9

fense Intelligence Agency and the Director of 10

National Intelligence shall jointly brief the con-11

gressional intelligence committees and the con-12

gressional defense committees on the plan to 13

carry out the transfer required under paragraph 14

(1). 15


later than April 1, 2019, the Director of the 17

Defense Intelligence Agency and the Director of 18

National Intelligence shall jointly submit to the 19

congressional intelligence committees and the 20

congressional defense committees a formal plan 21

for the transfer required under paragraph (1). 22






g:\VHLC\071217\071217.424.xml (667350|2)

25

priated for the National Intelligence University after 1

October 1, 2020. Any such funds that are unobli-2

gated or unexpended as of such date shall be trans-3

ferred to the Director of National Intelligence. 4

(f) CONGRESSIONAL NOTICE FOR REPROGRAM-5

MING.—Not later than 30 days before transferring any 6

funds relating to transferring or eliminating any function 7

under this section, the Director of the Defense Intelligence 8

Agency shall submit to the congressional intelligence com-9

mittees and the congressional defense committees notice 10

in writing of such transfer. 11

(g) TREATMENT OF CERTAIN FUNCTIONS AND RE-12

SPONSIBILITIES.—13

(1) IN GENERAL.—In the case of any function 14

or executive agent responsibility that is transferred 15

to the Director of National Intelligence pursuant to 16

this section, the Director of National Intelligence 17

may not delegate such function or responsibility to 18

another element of the intelligence community. 19

(2) EXECUTIVE AGENT RESPONSIBILITY.—In 20

this subsection, the term ‘‘executive agent responsi-21

bility’’ means the specific responsibilities, functions, 22

and authorities assigned by the Director of National 23

Intelligence to the head of an intelligence community 24

element to provide defined levels of support for intel-25



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26

ligence operations, or administrative or other des-1

ignated activities. 2

(h) DEADLINE FOR POLICY UPDATES.—Not later 3

than October 1, 2020, the Director of National Intel-4

ligence, the Under Secretary of Defense for Intelligence, 5

and the Chairman of the Joint Chiefs of Staff shall ensure 6

that all relevant policies of the intelligence community and 7

Department of Defense are updated to reflect the trans-8

fers required to be made pursuant to this section. 9

(i) TREATMENT OF TRANSFERRED FUNCTIONS.—No 10

transferred functions or assigned responsibility referred to 11

in subsection (a), (c), or (e) shall be considered a new start 12

by the receiving element, including in the case of any lapse 13

of appropriation for such transferred function or assigned 14

responsibility. 15

(j) REPORTS ON OTHER ELEMENTS OF DEFENSE IN-16

TELLIGENCE AGENCY.—17

(1) NATIONAL CENTER FOR CREDIBILITY AS-18

SESSMENT.—19

(A) SENSE OF CONGRESS.—It is the sense 20

of Congress that—21

(i) the assignment of executive agency 22

for the National Center for Credibility As-23

sessment to the Director of the Defense 24

Intelligence Agency may be limiting the 25



g:\VHLC\071217\071217.424.xml (667350|2)

27

ability of the Center to effectively serve the 1

Federal customer base of the Center; 2

(ii) the failure of the Director of Na-3

tional Intelligence, in the role of the Direc-4

tor as security executive for the Federal 5

Government, to define in policy the term 6

‘‘Executive Agent’’ may be further limiting 7

the ability of the Center to receive suffi-8

cient resources to carry out the critical 9

Federal mission of the Center; and 10

(iii) the evolution of the Center from 11

an organization of the Army to an organi-12

zation serving 27 departments and agen-13

cies and responsible for all Federal credi-14

bility assessment training, oversight, and 15

research and development, has resulted in 16

a convoluted oversight structure based on 17

legacy reporting requirements. 18

(B) REPORT.—Not later than October 1, 19

2018, the Director of the Defense Intelligence 20

Agency, the Director of National Intelligence, 21

and the Secretary of Defense shall jointly sub-22

mit to the congressional intelligence committees 23

and the congressional defense committees a re-24

port on—25



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28

(i) the current and projected missions 1

and functions of the National Center for 2

Credibility Assessment; 3

(ii) the effectiveness of the current or-4

ganizational assignment of the Center to 5

the Director of the Defense Intelligence 6

Agency; 7

(iii) the effectiveness of the current 8

oversight structure between the Center, the 9

Defense Intelligence Agency, the Under 10

Secretary of Defense for Intelligence, and 11

the Director of National Intelligence; and 12

(iv) the resources and authorities nec-13

essary to most effectively execute the mis-14

sions and functions of the Center. 15

(2) UNDERGROUND FACILITIES ANALYSIS CEN-16

TER.—17

(A) SENSE OF CONGRESS.—It is the sense 18

of Congress that—19

(i) the assignment of executive agency 20

for the Underground Facilities Analysis 21

Center to the Director of the Defense In-22

telligence Agency may be limiting the abil-23

ity of the Center to effectively serve the 24



g:\VHLC\071217\071217.424.xml (667350|2)

29

broader intelligence community customer 1

base of the Center; 2

(ii) the failure of the Director of Na-3

tional Intelligence to define in policy the 4

term ‘‘Executive Agent’’ may be further 5

limiting the ability of the Center to receive 6

sufficient resources to carry out the critical 7

mission of the Center; and 8

(iii) the requirements of the intel-9

ligence community and Department of De-10

fense with respect to underground facilities 11

are not adequately being met given the 12

scale and complexity of the problem set 13

and the relatively small amount of funding 14

currently received by the Center. 15

(B) REPORT.—Not later than October 1, 16

2018, the Director of the Defense Intelligence 17

Agency, the Director of National Intelligence, 18

and the Chairman of the Joint Chiefs of Staff 19

shall jointly submit to the congressional intel-20

ligence committees and the congressional de-21

fense committees a report on—22

(i) the missions and functions of the 23

Underground Facilities Analysis Center; 24



g:\VHLC\071217\071217.424.xml (667350|2)

30

(ii) the state of the requirements of 1

the intelligence community and Depart-2

ment of Defense with respect to under-3

ground facilities and the ability of the Cen-4

ter to meet such requirements; 5

(iii) the effectiveness of the current 6

organizational assignment of the Center to 7

the Director of the Defense Intelligence 8

Agency; 9

(iv) the effectiveness of the current 10

oversight structure between the Center, the 11

Defense Intelligence Agency, the Secretary 12

of Defense, and the Director of National 13

Intelligence; and 14

(v) the resources and authorities nec-15

essary to most effectively execute the mis-16

sions and functions of the Center. 17

(k) CONGRESSIONAL DEFENSE COMMITTEES DE-18

FINED.—In this section, the term ‘‘congressional defense 19

committees’’ means—20

(1) the Committees on Armed Services of the 21

Senate and House of Representatives; and 22

(2) the Committees on Appropriations of the 23

Senate and House of Representatives. 24



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31

SEC. 413. TECHNICAL AMENDMENTS RELATED TO THE DE-1

PARTMENT OF ENERGY. 2

(a) ATOMIC ENERGY DEFENSE ACT.—Section 3

4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 4

2674(b)(2)) is amended by inserting ‘‘Intelligence and’’ 5

after ‘‘The Director of’’. 6

(b) NATIONAL SECURITY ACT OF 1947.—Paragraph 7

(2) of section 106(b) of the National Security Act of 1947 8

(50 U.S.C. 3041(b)(2)) is amended—9

(1) in subparagraph (E), by inserting ‘‘and 10

Counterintelligence’’ after ‘‘Office of Intelligence’’; 11

(2) by striking subparagraph (F); 12

(3) by redesignating subparagraphs (G), (H), 13

and (I) as subparagraphs (F), (G), and (H), respec-14

tively; and 15

(4) in subparagraph (I), by realigning the mar-16

gin of such subparagraph two ems to the left. 17

TITLE V—MATTERS RELATING 18

TO FOREIGN COUNTRIES 19

SEC. 501. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLU-20

ENCE CAMPAIGNS DIRECTED AT FOREIGN 21

ELECTIONS AND REFERENDA. 22

(a) ASSESSMENT REQUIRED.—Not later than 60 23

days after the date of the enactment of this Act, the Direc-24

tor of National Intelligence shall submit to the congres-25

sional intelligence committees a report containing an ana-26



g:\VHLC\071217\071217.424.xml (667350|2)

32

lytical assessment of the most significant Russian influ-1

ence campaigns, if any, conducted during the 3-year pe-2

riod preceding the date of the enactment of this Act, as 3

well as the most significant current or planned such Rus-4

sian influence campaigns, if any. Such assessment shall 5

include—6

(1) a summary of such significant Russian in-7

fluence campaigns, including, at a minimum, the 8

specific means by which such campaigns were con-9

ducted, are being conducted, or likely will be con-10

ducted, as appropriate, and the specific goal of each 11

such campaign; 12

(2) a summary of any defenses against or re-13

sponses to such Russian influence campaigns by the 14

foreign state holding the elections or referenda; 15

(3) a summary of any relevant activities by ele-16

ments of the intelligence community undertaken for 17

the purpose of assisting the government of such for-18

eign state in defending against or responding to 19

such Russian influence campaigns; and 20

(4) an assessment of the effectiveness of such 21

defenses and responses described in paragraphs (2) 22

and (3). 23



g:\VHLC\071217\071217.424.xml (667350|2)

33

(b) FORM.—The report required by subsection (a) 1

may be submitted in classified form, but if so submitted, 2

shall contain an unclassified summary. 3

(c) RUSSIAN INFLUENCE CAMPAIGN DEFINED.—In 4

this section, the term ‘‘Russian influence campaign’’ 5

means any effort, covert or overt, and by any means, at-6

tributable to the Russian Federation directed at an elec-7

tion, referendum, or similar process in a country other 8

than the Russian Federation or the United States. 9

SEC. 502. FOREIGN COUNTERINTELLIGENCE AND 10

CYBERSECURITY THREATS TO FEDERAL 11

ELECTION CAMPAIGNS. 12

(a) REPORTS REQUIRED.—13

(1) IN GENERAL.—As provided in paragraph 14

(2), for each Federal election, the Director of Na-15

tional Intelligence, in coordination with the Under 16

Secretary of Homeland Security for Intelligence and 17

Analysis and the Director of the Federal Bureau of 18

Investigation, shall make publicly available on an 19

internet website an advisory report on foreign coun-20

terintelligence and cybersecurity threats to election 21

campaigns for Federal offices. Each such report 22

shall include, consistent with the protection of 23

sources and methods, each of the following: 24



g:\VHLC\071217\071217.424.xml (667350|2)

34

(A) A description of foreign counterintel-1

ligence and cybersecurity threats to election 2

campaigns for Federal offices. 3

(B) A summary of best practices that elec-4

tion campaigns for Federal offices can employ 5

in seeking to counter such threats. 6

(C) An identification of any publicly avail-7

able resources, including United States Govern-8

ment resources, for countering such threats. 9

(2) SCHEDULE FOR SUBMITTAL.—A report 10

under this subsection shall be made available as fol-11

lows: 12

(A) In the case of a report regarding an 13

election held for the office of Senator or Mem-14

ber of the House of Representatives during 15

2018, not later than the date that is 60 days 16

after the date of the enactment of this Act. 17

(B) In the case of a report regarding an 18

election for a Federal office during any subse-19

quent year, not later than the date that is one 20

year before the date of the election. 21

(3) INFORMATION TO BE INCLUDED.—A report 22

under this subsection shall reflect the most current 23

information available to the Director of National In-24



g:\VHLC\071217\071217.424.xml (667350|2)

35

telligence regarding foreign counterintelligence and 1

cybersecurity threats. 2

(b) TREATMENT OF CAMPAIGNS SUBJECT TO 3

HEIGHTENED THREATS.—If the Director of the Federal 4

Bureau of Investigation and the Under Secretary of 5

Homeland Security for Intelligence and Analysis jointly 6

determine that an election campaign for Federal office is 7

subject to a heightened foreign counterintelligence or 8

cybersecurity threat, the Director and the Under Sec-9

retary, consistent with the protection of sources and meth-10

ods, may make available additional information to the ap-11

propriate representatives of such campaign. 12

SEC. 503. ASSESSMENT OF THREAT FINANCE RELATING TO 13

THE RUSSIAN FEDERATION. 14

(a) REPORT.—Not later than 60 days after the date 15

of the enactment of this Act, the Director of National In-16

telligence, acting through the National Intelligence Man-17

ager for Threat Finance, shall submit to the congressional 18

intelligence committees a report containing an assessment 19

of the financing of threat activity by the Russian Federa-20

tion. 21

(b) MATTERS INCLUDED.—The report under sub-22

section (a) shall include, at a minimum, the following: 23

(1) A summary of leading examples from the 3-24

year period prior to the date of the report of any 25



g:\VHLC\071217\071217.424.xml (667350|2)

36

threat finance activities conducted by, for the benefit 1

of, or at the behest of officials of the Government 2

of Russia, persons subject to sanctions under any 3

provision of law imposing sanctions with respect to 4

Russia, or Russian nationals subject to sanctions 5

under any other provision of law. 6

(2) An assessment with respect to any trends or 7

patterns in threat finance activities relating to Rus-8

sia, including common methods of conducting such 9

activities. 10

(3) A summary of engagement and coordination 11

with international partners on threat finance relat-12

ing to Russia, especially in Europe, including exam-13

ples of such engagement and coordination. 14

(4) An identification of any resource and collec-15

tion gaps. 16

(c) FORM.—The report submitted under subsection 17

(a) may be submitted in classified form. 18

(d) THREAT FINANCE DEFINED.—In this section, 19

the term ‘‘threat finance’’ means—20

(1) the financing of cyber operations, global in-21

fluence campaigns, intelligence service activities, pro-22

liferation, terrorism, or transnational crime and 23

drug organizations; 24



g:\VHLC\071217\071217.424.xml (667350|2)

37

(2) the methods and entities used to spend, 1

store, move, raise, or conceal money or value on be-2

half of threat actors; 3

(3) sanctions evasion; or 4

(4) other forms of threat financing domestically 5

or internationally, as defined by the President. 6

TITLE VI—REPORTS AND OTHER 7

MATTERS 8

SEC. 601. PERIOD OF OVERSEAS ASSIGNMENTS FOR CER-9

TAIN FOREIGN SERVICE OFFICERS. 10

(a) LENGTH OF PERIOD OF ASSIGNMENT.—Sub-11

section (a) of section 502 of the Foreign Service Act of 12

1980 (22 U.S.C. 3982) is amended by adding at the end 13

the following new paragraph: 14

‘‘(3) In making assignments under paragraph (1), 15

and in accordance with section 903, and, if applicable, sec-16

tion 503, the Secretary shall assure that a member of the 17

Service may serve at a post for a period of not more than 18

six consecutive years.’’. 19

(b) FOREIGN LANGUAGE DEPLOYMENT REQUIRE-20

MENTS.—Section 702 of the Foreign Service Act of 1980 21

(22 U.S.C. 4022) is amended by—22

(1) redesignating subsection (c) as subsection 23

(d); and 24



g:\VHLC\071217\071217.424.xml (667350|2)

38

(2) by inserting after subsection (b) the fol-1

lowing new subsection: 2

‘‘(c) FOREIGN LANGUAGE DEPLOYMENT REQUIRE-3

MENTS.—4

‘‘(1) IN GENERAL.—The Secretary of State, 5

with the assistance of other relevant officials, shall 6

require all members of the Service who receive for-7

eign language training in Arabic, Farsi, Chinese 8

(Mandarin or Cantonese), Turkish, Korean, and 9

Japanese by the institution or otherwise in accord-10

ance with subsection (b) to serve three successive 11

tours in positions in which the acquired language is 12

both relevant and determined to be a benefit to the 13

Department. 14

‘‘(2) OVERSEAS DEPLOYMENTS.—In carrying 15

out paragraph (1), at least one of the three succes-16

sive tours referred to in such paragraph shall be an 17

overseas deployment. 18

‘‘(3) WAIVER.—The Secretary of State may 19

waive the application of paragraph (1) for medical 20

or family hardship or in the interest of national se-21

curity. 22

‘‘(4) CONGRESSIONAL NOTIFICATION.—The 23

Secretary of State shall notify the Committees on 24

Appropriations and Foreign Affairs of the House of 25



g:\VHLC\071217\071217.424.xml (667350|2)

39

Representatives and Committees on Appropriations 1

and Foreign Relations of the Senate at the end of 2

each fiscal year of any instances during the prior 3

twelve months in which the waiver authority de-4

scribed in paragraph (3) was invoked.’’. 5

SEC. 602. SEMIANNUAL REPORTS ON INVESTIGATIONS OF 6

UNAUTHORIZED PUBLIC DISCLOSURES OF 7

CLASSIFIED INFORMATION. 8

(a) IN GENERAL.—Title XI of the National Security 9

Act of 1947 (50 U.S.C. 3091 et seq.) is amended by add-10

ing at the end the following new section: 11

‘‘SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF 12

UNAUTHORIZED PUBLIC DISCLOSURES OF 13

CLASSIFIED INFORMATION. 14

‘‘(a) IN GENERAL.—On a semiannual basis, each cov-15

ered official shall submit to the congressional intelligence 16

committees a report that includes, with respect to the pre-17

ceding 6-month period—18

‘‘(1) the number of investigations opened by the 19

covered official regarding an unauthorized public 20

disclosure of classified information; 21

‘‘(2) the number of investigations completed by 22

the covered official regarding an unauthorized public 23

disclosure of classified information; and 24



g:\VHLC\071217\071217.424.xml (667350|2)

40

‘‘(3) of the number of such completed investiga-1

tions identified under paragraph (2), the number re-2

ferred to the Attorney General for criminal inves-3

tigation. 4

‘‘(b) DEFINITIONS.—In this section: 5

‘‘(1) The term ‘covered official’ means—6

‘‘(A) the heads of each element of the in-7

telligence community; and 8

‘‘(B) the inspectors general with oversight 9

responsibility for an element of the intelligence 10

community. 11

‘‘(2) The term ‘investigation’ means any in-12

quiry, whether formal or informal, into the existence 13

of an unauthorized public disclosure of classified in-14

formation. 15

‘‘(3) The term ‘unauthorized public disclosure 16

of classified information’ means the unauthorized 17

disclosure of classified information to a journalist or 18

media organization.’’. 19

(b) CLERICAL AMENDMENT.—The table of contents 20

in the first section of the National Security Act of 1947 21

is amended by inserting after the item relating to section 22

1104 the following new item:23

‘‘Sec. 1105. Semiannual reports on investigations of unauthorized disclosures of

classified information.’’.



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41

SEC. 603. INTELLIGENCE COMMUNITY REPORTS ON SECU-1

RITY CLEARANCES. 2

Section 506H of the National Security Act of 1947 3

(50 U.S.C. 3104) is amended—4

(1) in subsection (a)(1)—5

(A) in subparagraph (A)(ii), by inserting 6

‘‘and’’ after the semicolon; 7

(B) in subparagraph (B)(ii), by striking ‘‘; 8

and’’ and inserting a period; and 9

(C) by striking subparagraph (C); 10

(2) by redesignating subsection (b) as sub-11

section (c); 12

(3) by inserting after subsection (a) the fol-13

lowing new subsection (b): 14

‘‘(b) INTELLIGENCE COMMUNITY REPORTS.—(1) 15

Not later than March 1 of each year, the Director of Na-16

tional Intelligence shall submit to the congressional intel-17

ligence committees a report on the security clearances 18

processed by each element of the intelligence community 19

during the preceding calendar year. Each such report shall 20

separately identify security clearances processed by each 21

such element and shall cover Federal employees and con-22

tractor employees. 23

‘‘(2) Each report submitted under paragraph (1) 24

shall include each of the following for each element of the 25

intelligence community for the year covered by the report: 26



g:\VHLC\071217\071217.424.xml (667350|2)

42

‘‘(A) The total number of initial security clear-1

ance background investigations opened for new ap-2

plicants. 3

‘‘(B) The total number of security clearance 4

periodic re-investigations opened for existing employ-5

ees. 6

‘‘(C) The total number of initial security clear-7

ance background investigations for new applicants 8

that were finalized and adjudicated with notice of a 9

determination provided to the prospective applicant, 10

including—11

‘‘(i) the total number that were adju-12

dicated favorably and granted access to classi-13

fied information; and 14

‘‘(ii) the total number that were adju-15

dicated unfavorably and resulted in a denial or 16

revocation of a security clearance. 17

‘‘(D) The total number of security clearance 18

periodic background investigations that were final-19

ized and adjudicated with notice of a determination 20

provided to the existing employee, including—21

‘‘(i) the total number that were adju-22

dicated favorably; and 23



g:\VHLC\071217\071217.424.xml (667350|2)

43

‘‘(ii) the total number that were adju-1

dicated unfavorably and resulted in a denial or 2

revocation of a security clearance. 3

‘‘(E) The total number of pending security 4

clearance background investigations, including initial 5

applicant investigations and periodic re-investiga-6

tions, that were not finalized and adjudicated as of 7

the last day of such year and that remained pending 8

as follows: 9

‘‘(i) For 180 days or less. 10

‘‘(ii) For 180 days or longer, but less than 11

12 months. 12

‘‘(iii) For 12 months or longer, but less 13

than 18 months. 14

‘‘(iv) For 18 months or longer, but less 15

than 24 months. 16

‘‘(v) For 24 months or longer. 17

‘‘(F) In the case of security clearance deter-18

minations completed or pending during the year pre-19

ceding the year for which the report is submitted 20

that have taken longer than 12 months to com-21

plete—22

‘‘(i) the cause of the delay for such deter-23

minations; and 24



g:\VHLC\071217\071217.424.xml (667350|2)

44

‘‘(ii) the number of such determinations 1

for which polygraph examinations were re-2

quired. 3

‘‘(G) The percentage of security clearance in-4

vestigations, including initial and periodic re-inves-5

tigations, that resulted in a denial or revocation of 6

a security clearance. 7

‘‘(H) The percentage of security clearance in-8

vestigations that resulted in incomplete information. 9

‘‘(I) The percentage of security clearance inves-10

tigations that did not result in enough information 11

to make a decision on potentially adverse informa-12

tion. 13

‘‘(3) The report required under this subsection shall 14

be submitted in unclassified form, but may include a clas-15

sified annex.’’; and 16

(4) in subsection (c), as redesignated by para-17

graph (2), by inserting ‘‘and (b)’’ after ‘‘subsection 18

(a)(1)’’. 19

SEC. 604. REPORT ON EXPANSION OF SECURITY PROTEC-20

TIVE SERVICES JURISDICTION. 21


of the enactment of this Act, the Director of the Central 23

Intelligence Agency shall submit to the congressional intel-24

ligence committees a report on the feasibility, justification, 25



g:\VHLC\071217\071217.424.xml (667350|2)

45

costs, and benefits of expanding the jurisdiction of the 1

protective services of the Central Intelligence Agency 2

under section 15(a)(1) of the Central Intelligence Agency 3

Act of 1949 (50 U.S.C. 3515(a)). The report shall in-4

clude—5

(1) an explanation of the need for expanding 6

such jurisdiction beyond the 500-feet limit specified 7

in such section 15(a)(1); and 8

(2) an identification of any comparable depart-9

ments or agencies of the Federal Government in the 10

Washington metropolitan region (as defined in sec-11

tion 8301 of title 40, United States Code) whose 12

protective services jurisdictions exceed 500 feet. 13

(b) FORM.—The report under subsection (a) may be 14

submitted in classified form. 15

SEC. 605. REPORT ON ROLE OF DIRECTOR OF NATIONAL IN-16

TELLIGENCE WITH RESPECT TO CERTAIN 17

FOREIGN INVESTMENTS. 18



telligence, in consultation with the heads of the elements 21

of the intelligence community determined appropriate by 22

the Director, shall submit to the congressional intelligence 23

committees a report on the role of the Director in pre-24

paring analytic materials in connection with the evaluation 25



g:\VHLC\071217\071217.424.xml (667350|2)

46

by the Federal Government of national security risks asso-1

ciated with potential foreign investments into the United 2

States. 3


section (a) shall—5

(1) describe the current process for the provi-6

sion of the analytic materials described in subsection 7

(a); 8

(2) identify the most significant benefits and 9

drawbacks of such process with respect to the role 10

of the Director, including any benefits or drawbacks 11

relating to the time allotted to the Director to pre-12

pare such materials; and 13

(3) include recommendations to improve such 14

process. 15

SEC. 606. REPORT ON CYBER EXCHANGE PROGRAM. 16



telligence shall submit to the congressional intelligence 19

committees a report on the potential establishment of a 20

fully voluntary exchange program between elements of the 21

intelligence community and private technology companies 22

under which—23

(1) an employee of an element of the intel-24

ligence community with demonstrated expertise and 25



g:\VHLC\071217\071217.424.xml (667350|2)

47

work experience in cybersecurity or related dis-1

ciplines may elect to be temporarily detailed to a pri-2

vate technology company that has elected to receive 3

the detailee; and 4

(2) an employee of a private technology com-5

pany with demonstrated expertise and work experi-6

ence in cybersecurity or related disciplines may elect 7

to be temporarily detailed to an element of the intel-8

ligence community that has elected to receive the 9

detailee. 10


section (a) shall include the following: 12

(1) The feasibility of establishing the exchange 13

program described in such subsection. 14

(2) Identification of any challenges in estab-15

lishing the exchange program. 16

(3) An evaluation of the benefits to the intel-17

ligence community that would result from the ex-18

change program. 19

SEC. 607. REVIEW OF INTELLIGENCE COMMUNITY PARTICI-20

PATION IN VULNERABILITIES EQUITIES 21

PROCESS. 22

(a) REVIEW.—Not later than 180 days after the date 23

of the enactment of this Act, the Inspector General of the 24

Intelligence Community shall review, with respect to the 25



g:\VHLC\071217\071217.424.xml (667350|2)

48

3-year period preceding the date of the review, the roles 1

and responsibilities of the elements of the intelligence com-2

munity in the process of the Federal Government for de-3

termining whether, when, how, and to whom information 4

about a vulnerability that is not publicly known will be 5

shared with or released to a non-Federal entity or the pub-6

lic. 7

(b) REPORT.—8

(1) SUBMISSION.—Not later than 240 days 9

after the date of the enactment of this Act, the In-10

spector General shall submit to the congressional in-11

telligence committees a report on the results of the 12

review under subsection (a). 13

(2) ELEMENTS.—The report under paragraph 14

(1) shall include the following: 15

(A) A description of the roles and respon-16

sibilities of the elements of the intelligence com-17

munity in the process of determining whether, 18

when, how, and to whom information about a 19

vulnerability that is not publicly known will be 20

shared or released to a non-Federal entity or 21

the public. 22

(B) The criteria used by the Federal Gov-23

ernment, including elements of the intelligence 24

community, in making such determination. 25



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(C) With respect to the period covered by 1

the review—2

(i) a summary of vulnerabilities 3

known to elements of the intelligence com-4

munity that were reviewed by the Federal 5

Government pursuant to such process, in-6

cluding—7

(I) the number of vulnerabilities 8

known to the intelligence community 9

that were reviewed; and 10

(II) of such number of reviewed 11

vulnerabilities, the number for which 12

information was shared with or re-13

leased to a non-Federal entity or the 14

public; 15

(ii) an assessment of whether there 16

were any vulnerabilities known to elements 17

of the intelligence community that were 18

not reviewed pursuant to such process, and 19

if so, the basis and rationale for not con-20

ducting such a review; and 21

(iii) a summary of the most signifi-22

cant incidents in which a vulnerability 23

known to the intelligence community, but 24

not shared with or released to a non-Fed-25



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50

eral entity or the public, was exploited by 1

an individual, an entity, or a foreign coun-2

try in the course of carrying out a cyber 3

intrusion. 4

(D) A description of any current mecha-5

nisms for overseeing such process. 6

(E) Recommendations to improve the effi-7

ciency, effectiveness, accountability, and, con-8

sistent with national security, transparency of 9

such process. 10

(F) Any other matters the Inspector Gen-11

eral determines appropriate. 12

(3) FORM.—The report may be submitted in 13

classified form. 14

(c) VULNERABILITY DEFINED.—In this section, the 15

term ‘‘vulnerability’’ means, with respect to information 16

technology, a design, configuration, or implementation 17

weakness in a technology, product, system, service, or ap-18

plication that can be exploited or triggered to cause unex-19

pected or unintended behavior. 20

SEC. 608. REVIEW OF INTELLIGENCE COMMUNITY WHIS-21

TLEBLOWER MATTERS. 22

(a) REVIEW OF WHISTLEBLOWER MATTERS.—The 23

Inspector General of the Intelligence Community, in con-24

sultation with the inspectors general for the Central Intel-25



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51

ligence Agency, the National Security Agency, the Na-1

tional Geospatial-Intelligence Agency, the Defense Intel-2

ligence Agency, and the National Reconnaissance Office, 3

shall conduct a review of the authorities, policies, inves-4

tigatory standards, and other practices and procedures re-5

lating to intelligence community whistleblower matters, 6

with respect to such inspectors general. 7

(b) OBJECTIVE OF REVIEW.—The objective of the re-8

view required under subsection (a) is to identify any dis-9

crepancies, inconsistencies, or other issues, which frustrate 10

the timely and effective reporting of intelligence commu-11

nity whistleblower matters to appropriate inspectors gen-12

eral and to the congressional intelligence committees, and 13

the fair and expeditious investigation and resolution of 14

such matters. 15

(c) CONDUCT OF REVIEW.—The Inspector General of 16

the Intelligence Community shall take such measures as 17

the Inspector General determines necessary in order to en-18

sure that the review required by subsection (a) is con-19

ducted in an independent and objective fashion. 20

(d) REPORT.—Not later than 270 days after the date 21

of the enactment of this Act, the Inspector General of the 22

Intelligence Community shall submit to the congressional 23

intelligence committees a written report containing the re-24

sults of the review required under subsection (a), along 25



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52

with recommendations to improve the timely and effective 1

reporting of Intelligence Community whistleblower mat-2

ters to inspectors general and to the congressional intel-3

ligence committees and the fair and expeditious investiga-4

tion and resolution of such matters. 5

SEC. 609. SENSE OF CONGRESS ON NOTIFICATIONS OF CER-6

TAIN DISCLOSURES OF CLASSIFIED INFOR-7

MATION. 8

(a) FINDINGS.—Congress finds that section 502 of 9

the National Security Act of 1947 (50 U.S.C. 3092) re-10

quires elements of the intelligence community to keep the 11

congressional intelligence committees ‘‘fully and currently 12

informed’’ about all ‘‘intelligence activities’’ of the United 13

States, and to ‘‘furnish to the congressional intelligence 14

committees any information or material concerning intel-15

ligence activities. . .which is requested by either of the 16

congressional intelligence committees in order to carry out 17

its authorized responsibilities.’’. 18

(b) SENSE OF CONGRESS.—It is the sense of Con-19

gress that—20

(1) the authorities described in subsection (a), 21

together with other intelligence community authori-22

ties, obligate an element of the intelligence commu-23

nity to submit to the congressional intelligence com-24

mittees written notification, by not later than 7 days 25



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53

after becoming aware, that an individual in the exec-1

utive branch has disclosed covered classified infor-2

mation to an official of an adversary foreign govern-3

ment using methods other than established intel-4

ligence channels; and 5

(2) each such notification should include—6

(A) the date and place of the disclosure of 7

classified information covered by the notifica-8

tion; 9

(B) a description of such classified infor-10

mation; 11

(C) identification of the individual who 12

made such disclosure and the individual to 13

whom such disclosure was made; and 14

(D) a summary of the circumstances of 15

such disclosure. 16

(c) DEFINITIONS.—In this section: 17

(1) The term ‘‘adversary foreign government’’ 18

means the government of any of the following for-19

eign countries: 20

(A) North Korea. 21

(B) Iran. 22

(C) China. 23

(D) Russia. 24

(E) Cuba. 25



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(2) The term ‘‘covered classified information’’ 1

means classified information that was—2

(A) collected by an element of the intel-3

ligence community; or 4

(B) provided by the intelligence service or 5

military of a foreign country to an element of 6

the intelligence community. 7

(3) The term ‘‘established intelligence chan-8

nels’’ means methods to exchange intelligence to co-9

ordinate foreign intelligence relationships, as estab-10

lished pursuant to law by the Director of National 11

Intelligence, the Director of the Central Intelligence 12

Agency, the Director of the National Security Agen-13

cy, or other head of an element of the intelligence 14

community. 15

(4) The term ‘‘individual in the executive 16

branch’’ means any officer or employee of the execu-17

tive branch, including individuals—18

(A) occupying a position specified in article 19

II of the Constitution; 20

(B) appointed to a position by an indi-21

vidual described in subparagraph (A); or 22

(C) serving in the civil service or the senior 23

executive service (or similar service for senior 24



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executives of particular departments or agen-1

cies). 2

◊



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TO H.R. 3180

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Transcript of TO H.R. 3180