H.R. 4681 — what changed

“109. Software licensing

“(a) Requirement for inventories of software licenses—The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall biennially—

“(1) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses;

changed “(2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage; andusage, including—

added “(A) increasing the centralization of the management of software licenses;

added “(B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics;

added “(C) analyzing software license data to inform investment decisions; and

added “(D) providing appropriate personnel with sufficient software licenses management training; and

“(3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2).

“(b) Inventories by the Chief Information Officer of the Intelligence Community—The Chief Information Officer of the Intelligence Community, based on the inventories and assessments required by subsection (a), shall biennially—

added “(1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses;

added “(2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage, including—

added “(A) increasing the centralization of the management of software licenses;

added “(B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics;

added “(C) analyzing software license data to inform investment decisions; and

added “(D) providing appropriate personnel with sufficient software licenses management training; and

added “(3) based on the assessment required under paragraph (2), make such recommendations with respect to software procurement and usage to the Director of National Intelligence as the Chief Information Officer considers appropriate.

added “(c) Reports to Congress—The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1).

added “(d) Implementation of recommendations—Not later than 180 days after the date on which the Director of National Intelligence receives recommendations from the Chief Information Officer of the Intelligence Community in accordance with subsection (b)(3), the Director of National Intelligence shall, to the extent practicable, issue guidelines for the intelligence community on software procurement and usage based on such recommendations.”

removed “(1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses; and

removed “(2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage.

removed “(c) Reports to Congress—The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1).”

added “304. Restrictions on certain former intelligence officers and employees

added “(a) Negotiations—A covered employee shall notify the element of the intelligence community employing such employee not later than 3 business days after the commencement of any negotiation for future employment or compensation between such covered employee and a covered entity.

added “(b) Separation—A covered employee may not commence employment with or be contracted by a covered entity—

added “(1) for a period of one year following the termination of the service or employment of such covered employee by an element of the intelligence community; and

added “(2) for a period of two years following such termination with respect to any matter that was a part of the official responsibility of such covered employee during the final year of the service or employment of such covered employee by an element of the intelligence community.

added “(c) Annual reporting

added “(1) Reporting required—Each former covered employee who was a covered employee at the time of separation from an element of the intelligence community shall annually report in writing to the element of the intelligence community that most recently previously employed such covered employee any payment received in the preceding year from a foreign government or a covered entity.

added “(2) Applicability—The requirement to submit a report under paragraph (1) for each former covered employee shall terminate on the date that is 5 years after the date on which such former covered employee was most recently employed by an element of the intelligence community.

added “(d) Determination of foreign governments posing a significant counterintelligence threat—The Director of National Intelligence shall annually—

added “(1) determine which foreign governments pose a significant counterintelligence threat to the United States; and

added “(2) submit to the congressional intelligence committees a list of such foreign governments.

added “(e) Definitions—In this section:

added “(1) Covered employee—The term “covered employee” means—

added “(A) an employee of an element of the intelligence community with access to sensitive compartmented information occupying a position—

added “(i) classified at GS–15 of the General Schedule (chapter 53 of title 5, United States Code); or

added “(ii) as a senior civilian officer of the intelligence community (as defined in Intelligence Community Directive No. 610 or any successor directive); and

added “(B) a person who during the preceding 12-month period was an officer or employee of the Congress (as defined in section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.)) with access to sensitive compartmented information.

added “(2) Covered entity—The term “covered entity” means—

added “(A) any person acting on behalf or under the supervision of a designated foreign government; or

added “(B) any entity owned or controlled by a designated foreign government.

added “(3) Designated foreign government—The term “designated foreign government” means a government that the Director of National Intelligence determines poses a significant counterintelligence threat to the United States under subsection (d).”

removed Section 710(b) of the Public Interest Declassification Act of 2000 (Public Law 106–567; 50 U.S.C. 3161 note) is amended by striking “2014.” and inserting “2018.”.

changed Notwithstanding any other limitation on the amount Section 710(b) of funds that may be used for official representation items, the Secretary Public Interest Declassification Act of Homeland Security may use funds made available to the Secretary through the National Intelligence Program for necessary expenses for intelligence analysis 2000 (Public Law 106–567; 50 U.S.C. 3161 note) is amended by striking “2014.” and operations coordination activities for official representation items in support of the Coast Guard Attaché Program.inserting “2018.”.

changed Not later than 120 days after Notwithstanding any other limitation on the date amount of funds that may be used for official representation items, the enactment Secretary of this Act, Homeland Security may use funds made available to the Director of Secretary through the National Intelligence shall—Program for necessary expenses for intelligence analysis and operations coordination activities for official representation items in support of the Coast Guard Attaché Program.

changed Notwithstanding any other provision of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act. The merger shall go into effect no earlier Not later than 30 120 days after written notification the date of the merger is provided to enactment of this Act, the congressional intelligence committees.Director of National Intelligence shall—

“510. Annual report on violations of law or executive order

“(a) Annual reports required—The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year.

changed “(b) Elements—Each report required under subsection (a) shall shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 (50 U.S.C. 3001 note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of such the employment of such personnel that, during the previous calendar year, was determined by the director, head, general counsel, or inspector general of any element of the intelligence community to have occurred.”was—

added “(1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred;

added “(2) referred to the Department of Justice for possible criminal prosecution; or

added “(3) substantiated by the inspector general of any element of the intelligence community.”

“(b) Notification of establishment of advisory committee—The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates an advisory committee. Each notification shall include—

“(1) a description of such advisory committee, including the subject matter of such committee;

“(2) a list of members of such advisory committee; and

“(3) in the case of an advisory committee created by the Director of National Intelligence, the reasons for a determination by the Director under section 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act.”

“(4) The Director of National Intelligence shall, in a timely manner, report to Congress any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively ensure maximum availability of access to intelligence information within the intelligence community consistent with the protection of the national security of the United States.”

“8K. Special provisions concerning the National Security Agency

“(a) General counsel to the Inspector General

“(1) In general—There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency.

“(2) Duties—The General Counsel to the Inspector General of the National Security Agency shall—

“(A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency;

“(B) provide legal services only to the Inspector General of the National Security Agency;

changed “(C) prescribe professional rules of ethics and responsibilities for employees and officers of, and contractors to, the Office of the Inspector General of the National Security Agency;

“(D) perform such functions as the Inspector General may prescribe; and

“(E) serve at the discretion of the Inspector General.

“(3) Office of the General Counsel—There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate.

“(b) Testimony

“(1) Authority to compel—The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act.

“(2) Refusal to obey—A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court.

“(3) Notification—The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section.

“(c) Prohibitions on investigations for national security reasons

“(1) Evaluations of prohibitions—Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement.

“(2) Inclusion in semi-annual report—The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report.”