H.R. 3180 — what changed
Intelligence Authorization Act for Fiscal Year 2018
From Introduced in House to Reported in House. 11 sections amended and 1 removed between Introduced in House and Reported in House.
Sec. 202 Computation of annuities for employees of the Central Intelligence Agency
Computation of annuities—
In general— Section 221 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2031) is amended—
in subsection (a)(3)(B), by striking the period at the end and inserting “, as determined by using the annual rate of basic pay that would be payable for full-time service in that position.”;
in subsection (b)(1)(C)(i), by striking “12-month” and inserting “2-year”;
in subsection (f)(2), by striking “one year” and inserting “two years”;
changed
in subsection (g)(2), by striking “one year” each place such term appears and inserting “two years”;
by redesignating subsections (h), (i), (j), (k), and (l) as subsections (i), (j), (k), (l), and (m), respectively; and
by inserting after subsection (g) the following:
“(h) Conditional election of insurable interest survivor annuity by participants married at the time of retirement
“(1) Authority to make designation—Subject to the rights of former spouses under subsection (b) and section 222, at the time of retirement a married participant found by the Director to be in good health may elect to receive an annuity reduced in accordance with subsection (f)(1)(B) and designate in writing an individual having an insurable interest in the participant to receive an annuity under the system after the participant's death, except that any such election to provide an insurable interest survivor annuity to the participant's spouse shall only be effective if the participant's spouse waives the spousal right to a survivor annuity under this Act. The amount of the annuity shall be equal to 55 percent of the participant's reduced annuity.
“(2) Reduction in participant's annuity—The annuity payable to the participant making such election shall be reduced by 10 percent of an annuity computed under subsection (a) and by an additional 5 percent for each full 5 years the designated individual is younger than the participant. The total reduction under this subparagraph may not exceed 40 percent.
“(3) Commencement of survivor annuity—The annuity payable to the designated individual shall begin on the day after the retired participant dies and terminate on the last day of the month before the designated individual dies.
“(4) Recomputation of participant's annuity on death of designated individual—An annuity which is reduced under this subsection shall, effective the first day of the month following the death of the designated individual, be recomputed and paid as if the annuity had not been so reduced.”
Conforming amendments—
Central Intelligence Agency Retirement Act— The Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et seq.) is amended—
in section 232(b)(1) (50 U.S.C. 2052(b)(1)), by striking “221(h),” and inserting “221(i),”; and
in section 252(h)(4) (50 U.S.C. 2082(h)(4)), by striking “221(k)” and inserting “221(l)”.
Central Intelligence Agency Act of 1949— Subsection (a) of section 14 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3514(a)) is amended by striking “221(h)(2), 221(i), 221(l),” and inserting “221(i)(2), 221(j), 221(m),”.
Annuities for former spouses— Subparagraph (B) of section 222(b)(5) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2032(b)(5)(B)) is amended by striking “one year” and inserting “two years”.
Prior service credit— Subparagraph (A) of section 252(b)(3) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2082(b)(3)(A)) is amended by striking “October 1, 1990” both places that term appears and inserting “March 31, 1991”.
Reemployment compensation— Section 273 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended—
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
by inserting after subsection (a) the following:
changed
“(b) Part-Time Part-time reemployed annuitants—The Director shall have the authority to reemploy an annuitant in a part-time basis in accordance with section 8344(l) of title 5, United States Code.”
Effective date and application— The amendments made by subsection (a)(1)(A) and subsection (c) shall take effect as if enacted on October 28, 2009, and shall apply to computations or participants, respectively, as of such date.
Sec. 411 Requirements relating to appointment of General Counsel of National Security Agency
changed
Director of NSA—In general— Subsection (a) of section Section 2 of the National Security Agency Act of 1959 (Public Law 86–36; 50 U.S.C. 3602) is amended—amended by adding at the end the following new subsection:
removed
by redesignating paragraph (3) as paragraph (4); and
removed
by inserting after paragraph (2) the following new paragraph (3):
removed
“(3) An individual appointed as the Director of the National Security Agency shall be a civilian and may not be an individual who, at the time of such appointment, is serving on active duty in the Armed Forces. This paragraph shall not apply to an individual appointed by the President to serve concurrently as the Commander of the United States Cyber Command.”
removed
General counsel of NSA—
removed
In general— Such section is further amended by adding at the end the following new subsection:
“(c)
“(1) There is a General Counsel of the National Security Agency.
“(2) The General Counsel of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate.”
renumbered
was (3)(3)
Effective date— Subsection (c) of section 2 of the National Security Agency Act of 1959 (Public Law 86–36; 50 U.S.C. 3602) shall apply with respect to any person who is appointed to serve as General Counsel of the National Security Agency on or after January 21, 2021.
Sec. 412 Transfer or elimination of certain components and functions of the Defense Intelligence Agency
changed
National Center for Credibility Assessment—Information Review Task Force—
removed
Transfer required— Effective on the date that is 180 days after the date of the enactment of this Act, there is transferred from the Director of the Defense Intelligence Agency to the Director of National Intelligence all functions and all assigned responsibilities performed by the National Center for Credibility Assessment.
removed
Transition plan—
removed
Congressional briefing— Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly brief the congressional intelligence committees and the congressional defense committees on the plan to carry out the transfer required under paragraph (1).
removed
Submittal of formal plan— Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly submit to the congressional intelligence committees and the congressional defense committees a formal plan for the transfer required under paragraph (1).
removed
Limitation on use of funds— The Director of the Defense Intelligence Agency may not obligate or expend any funds authorized to be appropriated for the National Center for Credibility Assessment for fiscal year 2018 after the date that is 180 days after the date of the enactment of this Act. Any such funds that are unobligated or unexpended as of such date shall be transferred to the Director of the National Intelligence.
removed
Information Review Task Force—
renumbered
was (3)(2)
Transfer required— Effective on the date that is 180 days after the date of the enactment of this Act, there is transferred from the Director of the Defense Intelligence Agency to the Chairman of the Joint Chiefs of Staff all functions performed by the Information Review Task Force and all assigned responsibilities performed by the Information Review Task Force. Upon such transfer, such Task Force shall be designated as a chairman’s controlled activity.
added
Transition plan—
removed
Transition plan—
renumbered
was (3)(3)(2)
Congressional briefing— Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Chairman of the Joint Chiefs of Staff shall jointly brief the congressional intelligence committees and the congressional defense committees on the plan to carry out the transfer required under paragraph (1).
renumbered
was (3)(3)(3)
Submittal of formal plan— Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional intelligence committees and the congressional defense committees a formal plan for the transfer required under paragraph (1).
renumbered
was (3)(4)
Limitation on use of funds— The Director of the Defense Intelligence Agency may not obligate or expend any funds authorized to be appropriated for the Information Review Task Force for fiscal year 2018 after the date that is 180 days after the date of the enactment of this Act. Any such funds that are unobligated or unexpended as of such date shall be transferred to the Chairman of the Joint Chiefs of Staff.
added
Identity Intelligence Project Office—
removed
Identity Intelligence Project Office—
renumbered
was (4)(2)
Elimination— Effective on the date that is 180 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall eliminate the Identity Intelligence Project Office, including all functions and assigned responsibilities performed by the Identity Intelligence Project Office. All personnel and assets pertaining to such Office shall be transferred to other elements of the Defense Intelligence Agency, as determined by the Director.
added
Transition plan—
removed
Transition plan—
renumbered
was (4)(3)(2)
Congressional briefing— Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall brief the congressional intelligence committees and the congressional defense committees on the plan to carry out the elimination required under paragraph (1).
renumbered
was (4)(3)(3)
Submittal of formal plan— Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall submit to the congressional intelligence committees and the congressional defense committees a formal plan for the elimination required under paragraph (1).
renumbered
was (4)(4)
Limitation on use of funds— The Director of the Defense Intelligence Agency may not obligate or expend any funds authorized to be appropriated for the Identity Intelligence Project Office for fiscal year 2018 after the date that is 180 days after the date of the enactment of this Act. Any such funds that are unobligated or unexpended as of such date shall be transferred to other elements of the Defense Intelligence Agency, as determined by the Director.
added
Watchlisting Branch—
removed
Watchlisting Branch—
renumbered
was (5)(2)
Transfer required— Effective on the date that is 180 days after the date of the enactment of this Act, there is transferred from the Director of the Defense Intelligence Agency to the Director for Intelligence of the Joint Staff all functions and all assigned responsibilities performed by the Watchlisting Branch.
added
Transition plan—
removed
Transition plan—
renumbered
was (5)(3)(2)
Congressional briefing— Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Director for Intelligence of the Joint Staff shall jointly brief the congressional intelligence committees and the congressional defense committees on the plan to carry out the transfer required under paragraph (1).
renumbered
was (5)(3)(3)
Submittal of formal plan— Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Director for Intelligence of the Joint Staff shall jointly submit to the congressional intelligence committees and the congressional defense committees a formal plan for the transfer required under paragraph (1).
renumbered
was (5)(4)
Limitation on use of funds— The Director of the Defense Intelligence Agency may not obligate or expend any funds authorized to be appropriated for the Watchlisting Branch for fiscal year 2018 after the date that is 180 days after the date of the enactment of this Act. Any such funds that are unobligated or unexpended as of such date shall be transferred to the Director for Intelligence of the Joint Staff.
added
Counter-Threat Finance—
added
Elimination— Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall eliminate the Counter-Threat Finance analysis function of the Defense Intelligence Agency. All personnel and assets pertaining to such function shall be transferred to other elements of the Defense Intelligence Agency, as determined by the Director.
added
Transition plan—
added
Congressional briefing— Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall brief the congressional intelligence committees and the congressional defense committees on the plan to eliminate the Counter-Threat Finance analysis function under paragraph (1).
removed
Counter Threat Finance—
removed
Elimination— Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall eliminate the Counter Threat Finance analysis function of the Defense Intelligence Agency. All personnel and assets pertaining to such function shall be transferred to other elements of the Defense Intelligence Agency, as determined by the Director.
removed
Transition plan—
removed
Congressional briefing— Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall brief the congressional intelligence committees and the congressional defense committees on the plan to eliminate the Counter Threat Finance analysis function under paragraph (1).
renumbered
was (6)(3)(3)
Submittal of formal plan— Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall submit to the congressional intelligence committees and the congressional defense committees a formal plan to eliminate such function under paragraph (1).
added
Limitation on use of funds— The Director of the Defense Intelligence Agency may not obligate or expend any funds authorized to be appropriated for the Counter-Threat Finance analysis function for fiscal year 2018 after the date that is 180 days after the date of the enactment of this Act. Any such funds that are unobligated or unexpended as of such date shall be transferred to other elements of the Defense Intelligence Agency, as determined by the Director.
added
National Intelligence University—
added
Transfer required— Effective on October 1, 2020, there is transferred from the Director of the Defense Intelligence Agency to the Director of National Intelligence all functions and all assigned responsibilities performed by the National Intelligence University.
added
Transition plan—
added
Congressional briefing— Not later than October 1, 2018, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly brief the congressional intelligence committees and the congressional defense committees on the plan to carry out the transfer required under paragraph (1).
added
Submittal of formal plan— Not later than April 1, 2019, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly submit to the congressional intelligence committees and the congressional defense committees a formal plan for the transfer required under paragraph (1).
changed
Limitation on use of funds— The Director of the Defense Intelligence Agency may not obligate or expend any funds authorized to be appropriated for the Counter Threat Finance analysis function for fiscal year 2018 after the date that is 180 days National Intelligence University after the date of the enactment of this Act. October 1, 2020. Any such funds that are unobligated or unexpended as of such date shall be transferred to other elements of the Defense Intelligence Agency, as determined by the Director.Director of National Intelligence.
removed
Underground Facilities Analysis Center—
removed
Transfer required— Effective on the date that is 180 days after the date of the enactment of this Act, there is transferred from the Director of the Defense Intelligence Agency to the Director of National Intelligence all functions and all assigned responsibilities performed by the Underground Facilities Analysis Center.
removed
Transition plan—
removed
Congressional briefing— Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly brief the congressional intelligence committees and the congressional defense committees on the plan to carry out the transfer required under paragraph (1).
removed
Submittal of formal plan— Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly submit to the congressional intelligence committees and the congressional defense committees a formal plan for the transfer required under paragraph (1).
removed
Limitation on use of funds— The Director of the Defense Intelligence Agency may not obligate or expend any funds authorized to be appropriated for the Underground Facilities Analysis Center for fiscal year 2018 after the date that is 180 days after the date of the enactment of this Act. Any such funds that are unobligated or unexpended as of such date shall be transferred to the Director of National Intelligence.
removed
National Intelligence University—
removed
Transfer required— Effective on the date that is 180 days after the date of the enactment of this Act, there is transferred from the Director of the Defense Intelligence Agency to the Director of National Intelligence all functions and all assigned responsibilities performed by the National Intelligence University.
removed
Transition plan—
removed
Congressional briefing— Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly brief the congressional intelligence committees and the congressional defense committees on the plan to carry out the transfer required under paragraph (1).
removed
Submittal of formal plan— Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly submit to the congressional intelligence committees and the congressional defense committees a formal plan for the transfer required under paragraph (1).
removed
Limitation on use of funds— The Director of the Defense Intelligence Agency may not obligate or expend any funds authorized to be appropriated for the National Intelligence University for fiscal year 2018 after the date that is 180 days after the date of the enactment of this Act. Any such funds that are unobligated or unexpended as of such date shall be transferred to the Director of National Intelligence.
renumbered
was (9)
Congressional notice for reprogramming— Not later than 30 days before transferring any funds relating to transferring or eliminating any function under this section, the Director of the Defense Intelligence Agency shall submit to the congressional intelligence committees and the congressional defense committees notice in writing of such transfer.
added
Treatment of certain functions and responsibilities—
removed
Treatment of certain functions and responsibilities—
renumbered
was (10)(2)
In general— In the case of any function or executive agent responsibility that is transferred to the Director of National Intelligence pursuant to this section, the Director of National Intelligence may not delegate such function or responsibility to another element of the intelligence community.
renumbered
was (10)(3)
Executive agent responsibility— In this subsection, the term executive agent responsibility means the specific responsibilities, functions, and authorities assigned by the Director of National Intelligence to the head of an intelligence community element to provide defined levels of support for intelligence operations, or administrative or other designated activities.
added
Deadline for policy updates— Not later than October 1, 2020, the Director of National Intelligence, the Under Secretary of Defense for Intelligence, and the Chairman of the Joint Chiefs of Staff shall ensure that all relevant policies of the intelligence community and Department of Defense are updated to reflect the transfers required to be made pursuant to this section.
added
Treatment of transferred functions— No transferred functions or assigned responsibility referred to in subsection (a), (c), or (e) shall be considered a new start by the receiving element, including in the case of any lapse of appropriation for such transferred function or assigned responsibility.
added
Reports on other elements of Defense Intelligence Agency—
added
National Center for Credibility Assessment—
added
Sense of Congress— It is the sense of Congress that—
added
the assignment of executive agency for the National Center for Credibility Assessment to the Director of the Defense Intelligence Agency may be limiting the ability of the Center to effectively serve the Federal customer base of the Center;
added
the failure of the Director of National Intelligence, in the role of the Director as security executive for the Federal Government, to define in policy the term “Executive Agent” may be further limiting the ability of the Center to receive sufficient resources to carry out the critical Federal mission of the Center; and
added
the evolution of the Center from an organization of the Army to an organization serving 27 departments and agencies and responsible for all Federal credibility assessment training, oversight, and research and development, has resulted in a convoluted oversight structure based on legacy reporting requirements.
added
Report— Not later than October 1, 2018, the Director of the Defense Intelligence Agency, the Director of National Intelligence, and the Secretary of Defense shall jointly submit to the congressional intelligence committees and the congressional defense committees a report on—
added
the current and projected missions and functions of the National Center for Credibility Assessment;
added
the effectiveness of the current organizational assignment of the Center to the Director of the Defense Intelligence Agency;
added
the effectiveness of the current oversight structure between the Center, the Defense Intelligence Agency, the Under Secretary of Defense for Intelligence, and the Director of National Intelligence; and
added
the resources and authorities necessary to most effectively execute the missions and functions of the Center.
added
Underground Facilities Analysis Center—
added
Sense of Congress— It is the sense of Congress that—
added
the assignment of executive agency for the Underground Facilities Analysis Center to the Director of the Defense Intelligence Agency may be limiting the ability of the Center to effectively serve the broader intelligence community customer base of the Center;
added
the failure of the Director of National Intelligence to define in policy the term “Executive Agent” may be further limiting the ability of the Center to receive sufficient resources to carry out the critical mission of the Center; and
added
the requirements of the intelligence community and Department of Defense with respect to underground facilities are not adequately being met given the scale and complexity of the problem set and the relatively small amount of funding currently received by the Center.
added
Report— Not later than October 1, 2018, the Director of the Defense Intelligence Agency, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional intelligence committees and the congressional defense committees a report on—
added
the missions and functions of the Underground Facilities Analysis Center;
added
the state of the requirements of the intelligence community and Department of Defense with respect to underground facilities and the ability of the Center to meet such requirements;
added
the effectiveness of the current organizational assignment of the Center to the Director of the Defense Intelligence Agency;
added
the effectiveness of the current oversight structure between the Center, the Defense Intelligence Agency, the Secretary of Defense, and the Director of National Intelligence; and
added
the resources and authorities necessary to most effectively execute the missions and functions of the Center.
removed
Deadline for policy updates— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Under Secretary of Defense for Intelligence shall ensure that all relevant policies of the intelligence community and Department of Defense are updated to reflect the transfers required to be made pursuant to this section.
removed
Treatment of transferred functions— No transferred functions or assigned responsibility referred to in subsection (a), (b), (d), (f), or (g) shall be considered a new start by the receiving element, including in the case of any lapse of appropriation for such transferred function or assigned responsibility.
renumbered
was (13)
Congressional defense committees defined— In this section, the term congressional defense committees means—
renumbered
was (13)(3)
the Committees on Armed Services of the Senate and House of Representatives; and
renumbered
was (13)(4)
the Committees on Appropriations of the Senate and House of Representatives.
Sec. 413 Technical amendments related to the Department of Energy
Atomic Energy Defense Act— Section 4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting “Intelligence and” after “The Director of”.
National Security Act of 1947— Paragraph (2) of section 106(b) of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is amended—
in subparagraph (E), by inserting “and Counterintelligence” after “Office of Intelligence”;
by striking subparagraph (F);
by redesignating subparagraphs (G), (H), and (I) as subparagraphs (F), (G), and (H), respectively; and
changed
in subparagraph (I), (H), as redesignated by paragraph (3), by realigning the margin of such subparagraph two ems to the left.
Sec. 501 Assessment of significant Russian influence campaigns directed at foreign elections and referenda
Assessment required— Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing an analytical assessment of the most significant Russian influence campaigns, if any, conducted during the 3-year period preceding the date of the enactment of this Act, as well as the most significant current or planned such Russian influence campaigns, if any. Such assessment shall include—
a summary of such significant Russian influence campaigns, including, at a minimum, the specific means by which such campaigns were conducted, are being conducted, or likely will be conducted, as appropriate, and the specific goal of each such campaign;
changed
a summary of any defenses against or responses to such Russian influence campaigns by the foreign state holding the elections or referenda; andreferenda;
changed
an assessment a summary of the effectiveness any relevant activities by elements of such defenses and responses, including the reasons intelligence community undertaken for the assessment.purpose of assisting the government of such foreign state in defending against or responding to such Russian influence campaigns; and
added
an assessment of the effectiveness of such defenses and responses described in paragraphs (2) and (3).
Form— The report required by subsection (a) may be submitted in classified form, but if so submitted, shall contain an unclassified summary.
Russian influence campaign defined— In this section, the term Russian influence campaign means any effort, covert or overt, and by any means, attributable to the Russian Federation directed at an election, referendum, or similar process in a country other than the Russian Federation or the United States.
Sec. 502 Foreign counterintelligence and cybersecurity threats to Federal election campaigns
Reports required—
In general— As provided in paragraph (2), for each Federal election, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis and the Director of the Federal Bureau of Investigation, shall make publicly available on an internet website an advisory report on foreign counterintelligence and cybersecurity threats to election campaigns for Federal offices. Each such report shall include, consistent with the protection of sources and methods, each of the following:
A description of foreign counterintelligence and cybersecurity threats to election campaigns for Federal offices.
changed
A summary of best practices that election campaigns for Federal offices can employ, employ in seeking to counter such threats.
An identification of any publicly available resources, including United States Government resources, for countering such threats.
Schedule for submittal— A report under this subsection shall be made available as follows:
In the case of a report regarding an election held for the office of Senator or Member of the House of Representatives during 2018, not later than the date that is 60 days after the date of the enactment of this Act.
In the case of a report regarding an election for a Federal office during any subsequent year, not later than the date that is one year before the date of the election.
Information to be included— A report under this subsection shall reflect the most current information available to the Director of National Intelligence regarding foreign counterintelligence and cybersecurity threats.
Treatment of campaigns subject to heightened threats— If the Director of the Federal Bureau of Investigation and the Under Secretary of Homeland Security for Intelligence and Analysis jointly determine that an election campaign for Federal office is subject to a heightened foreign counterintelligence or cybersecurity threat, the Director and the Under Secretary, consistent with the protection of sources and methods, may make available additional information to the appropriate representatives of such campaign.
Sec. 601 Period of overseas assignments for certain foreign service officers
Length of period of assignment— Subsection (a) of section 502 of the Foreign Service Act of 1980 (22 U.S.C. 3982) is amended by adding at the end the following new paragraph:
“(3) In making assignments under paragraph (1), and in accordance with section 903, and, if applicable, section 503, the Secretary shall assure that a member of the Service may serve at a post for a period of not more than six consecutive years.”
Foreign language deployment requirements— Section 702 of the Foreign Service Act of 1980 (22 U.S.C. 4022) is amended by—
redesignating subsection (c) as subsection (d); and
changed
by inserting after subsection (b) the following new subsection:
“(c) Foreign language deployment requirements
“(1) In general—The Secretary of State, with the assistance of other relevant officials, shall require all members of the Service who receive foreign language training in Arabic, Farsi, Chinese (Mandarin or Cantonese), Turkish, Korean, and Japanese by the institution or otherwise in accordance with subsection (b) to serve three successive tours in positions in which the acquired language is both relevant and determined to be a benefit to the Department.
“(2) Overseas deployments—In carrying out paragraph (1), at least one of the three successive tours referred to in such paragraph shall be an overseas deployment.
“(3) Waiver—The Secretary of State may waive the application of paragraph (1) for medical or family hardship or in the interest of national security.
“(4) Congressional notification—The Secretary of State shall notify the Committees on Appropriations and Foreign Affairs of the House of Representatives and Committees on Appropriations and Foreign Relations of the Senate at the end of each fiscal year of any instances during the prior twelve months in which the waiver authority described in paragraph (3) was invoked.”
Sec. 606 Report on Cyber Exchange Program
changed
Report— Not later than 90 days after the date of the enactment of this Act, the Director of the National Geospatial-Intelligence Agency, in coordination with the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Director of the National Reconnaissance Office, shall submit to the appropriate congressional intelligence committees a report on the feasibility, risks, costs, and benefits potential establishment of providing the private sector and academia, on a need-driven, tailored basis and consistent with the protection of sources and methods and civil liberties, access to data in the possession of the National Geospatial-Intelligence Agency for the purpose of fostering the efforts fully voluntary exchange program between elements of the private sector and academia in basic research, applied research, data transfers, and development projects, with respect to automation, artificial intelligence, intelligence community and associated algorithms.private technology companies under which—
added
an employee of an element of the intelligence community with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to a private technology company that has elected to receive the detailee; and
added
an employee of a private technology company with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to an element of the intelligence community that has elected to receive the detailee.
changed
Elements—Matters included— The report under subsection (a) shall include—include the following:
changed
the identification The feasibility of any additional authorities that the Director requires to provide the private sector and academia with establishing the access to data exchange program described in such subsection, on a need-driven, tailored basis and consistent with applicable laws and procedures relating to the protection of sources and methods, privacy, and civil liberties; andsubsection.
changed
market research to—Identification of any challenges in establishing the exchange program.
added
An evaluation of the benefits to the intelligence community that would result from the exchange program.
removed
assess the commercial and academic interest in such data; and
removed
determine likely private-sector entities and institutions of higher education interested in public-private partnerships relating to such data.
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
removed
the Committees on Armed Services of the House of Representatives and the Senate; and
removed
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
Sec. 607 Review of intelligence community participation in vulnerabilities equities process
changed
Report—Review— Not later than 90 180 days after the date of the enactment of this Act, the Director Inspector General of National the Intelligence Community shall submit review, with respect to the congressional intelligence committees a report on 3-year period preceding the potential establishment date of a fully voluntary exchange program between the review, the roles and responsibilities of the elements of the intelligence community in the process of the Federal Government for determining whether, when, how, and private technology companies under which—to whom information about a vulnerability that is not publicly known will be shared with or released to a non-Federal entity or the public.
added
Report—
added
Submission— Not later than 240 days after the date of the enactment of this Act, the Inspector General shall submit to the congressional intelligence committees a report on the results of the review under subsection (a).
removed
an employee of an element of the intelligence community with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to a private technology company that has elected to receive the detailee; and
removed
an employee of a private technology company with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to an element of the intelligence community that has elected to receive the detailee.
removed
Matters included— The report under subsection (a) shall include the following:
changed
Elements— The feasibility of establishing report under paragraph (1) shall include the exchange program described in such subsection.following:
added
A description of the roles and responsibilities of the elements of the intelligence community in the process of determining whether, when, how, and to whom information about a vulnerability that is not publicly known will be shared or released to a non-Federal entity or the public.
added
The criteria used by the Federal Government, including elements of the intelligence community, in making such determination.
added
With respect to the period covered by the review—
added
a summary of vulnerabilities known to elements of the intelligence community that were reviewed by the Federal Government pursuant to such process, including—
added
the number of vulnerabilities known to the intelligence community that were reviewed; and
added
of such number of reviewed vulnerabilities, the number for which information was shared with or released to a non-Federal entity or the public;
added
an assessment of whether there were any vulnerabilities known to elements of the intelligence community that were not reviewed pursuant to such process, and if so, the basis and rationale for not conducting such a review; and
added
a summary of the most significant incidents in which a vulnerability known to the intelligence community, but not shared with or released to a non-Federal entity or the public, was exploited by an individual, an entity, or a foreign country in the course of carrying out a cyber intrusion.
added
A description of any current mechanisms for overseeing such process.
added
Recommendations to improve the efficiency, effectiveness, accountability, and, consistent with national security, transparency of such process.
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Any other matters the Inspector General determines appropriate.
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Form— Identification of any challenges The report may be submitted in establishing the exchange program.classified form.
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Vulnerability defined— In this section, the term vulnerability means, with respect to information technology, a design, configuration, or implementation weakness in a technology, product, system, service, or application that can be exploited or triggered to cause unexpected or unintended behavior.
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An evaluation of the benefits to the intelligence community that would result from the exchange program.
Sec. 608 Review of Intelligence Community whistleblower matters
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Review—Review of whistleblower matters— Not later than 180 days after the date of the enactment of this Act, the The Inspector General of the Intelligence Community shall review, Community, in consultation with respect to the 3-year period preceding the date of inspectors general for the review, Central Intelligence Agency, the roles and responsibilities of National Security Agency, the elements of National Geospatial-Intelligence Agency, the intelligence community in Defense Intelligence Agency, and the process National Reconnaissance Office, shall conduct a review of the Federal Government for determining whether, when, how, authorities, policies, investigatory standards, and other practices and procedures relating to whom information about a vulnerability that is not publicly known will be shared intelligence community whistleblower matters, with or released respect to a non-Federal entity or the public.such inspectors general.
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Objective of review— The objective of the review required under subsection (a) is to identify any discrepancies, inconsistencies, or other issues, which frustrate the timely and effective reporting of intelligence community whistleblower matters to appropriate inspectors general and to the congressional intelligence committees, and the fair and expeditious investigation and resolution of such matters.
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Report—
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Submission— Not later than 240 days after the date of the enactment of this Act, the Inspector General shall submit to the congressional intelligence committees a report on the results of the review under subsection (a).
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Elements— The report under paragraph (1) shall include the following:
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A description of the roles and responsibilities of the elements of the intelligence community in the process of determining whether, when, how, and to whom information about a vulnerability that is not publicly known will be shared or released to a non-Federal entity or the public.
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The criteria used by the Federal Government, including elements of the intelligence community, in making such determination.
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With respect to the period covered by the review—
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a summary of vulnerabilities known to elements of the intelligence community that were reviewed by the Federal Government pursuant to such process, including—
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the number of vulnerabilities known to the intelligence community that were reviewed; and
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of such number of reviewed vulnerabilities, the number for which information was shared with or released to a non-Federal entity or the public; and
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an assessment of whether there were any vulnerabilities known to elements of the intelligence community that were not reviewed pursuant to such process, and if so, the basis and rationale for not conducting such a review.
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A description of any current mechanisms for overseeing such process.
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Recommendations to improve the efficiency, effectiveness, accountability, and, consistent with national security, transparency of such process.
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Any other matters the Inspector General determines appropriate.
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Form— The report may be submitted in classified form.
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Vulnerability defined—Conduct of review— In this section, The Inspector General of the term vulnerability means, with respect to information technology, a design, configuration, or implementation weakness Intelligence Community shall take such measures as the Inspector General determines necessary in a technology, product, system, service, or application that can be exploited or triggered order to cause unexpected or unintended behavior.ensure that the review required by subsection (a) is conducted in an independent and objective fashion.
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Report— Not later than 270 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a written report containing the results of the review required under subsection (a), along with recommendations to improve the timely and effective reporting of Intelligence Community whistleblower matters to inspectors general and to the congressional intelligence committees and the fair and expeditious investigation and resolution of such matters.
Sec. 609 Sense of Congress on notifications of certain disclosures of classified information
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Review of whistleblower matters—Findings— The Inspector General Congress finds that section 502 of the Intelligence Community, in consultation with the inspectors general for the Central Intelligence Agency, the National Security Agency, Act of 1947 (50 U.S.C. 3092) requires elements of the National Geospatial-Intelligence Agency, intelligence community to keep the Defense Intelligence Agency, congressional intelligence committees “fully and the National Reconnaissance Office, shall conduct a review currently informed” about all “intelligence activities” of the authorities, policies, investigatory standards, and other practices United States, and procedures relating to “furnish to the congressional intelligence community whistleblower matters, with respect committees any information or material concerning intelligence activities…which is requested by either of the congressional intelligence committees in order to such inspectors general.carry out its authorized responsibilities.”.
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Objective Sense of review—Congress— The objective of the review required under subsection (a) It is to identify any discrepancies, inconsistencies, or other issues, which frustrate the timely and effective reporting of intelligence community whistleblower matters to appropriate inspectors general and to the congressional intelligence committees, and the fair and expeditious investigation and resolution sense of such matters.Congress that—
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the authorities described in subsection (a), together with other intelligence community authorities, obligate an element of the intelligence community to submit to the congressional intelligence committees written notification, by not later than 7 days after becoming aware, that an individual in the executive branch has disclosed covered classified information to an official of an adversary foreign government using methods other than established intelligence channels; and
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each such notification should include—
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the date and place of the disclosure of classified information covered by the notification;
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a description of such classified information;
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identification of the individual who made such disclosure and the individual to whom such disclosure was made; and
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a summary of the circumstances of such disclosure.
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Conduct of review—Definitions— The Inspector General of the Intelligence Community shall take such measures as the Inspector General determines necessary in order to ensure that the review required by subsection (a) is conducted in an independent and objective fashion.In this section:
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The term adversary foreign government means the government of any of the following foreign countries:
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North Korea.
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Iran.
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China.
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Russia.
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Cuba.
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The term covered classified information means classified information that was—
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collected by an element of the intelligence community; or
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provided by the intelligence service or military of a foreign country to an element of the intelligence community.
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The term established intelligence channels means methods to exchange intelligence to coordinate foreign intelligence relationships, as established pursuant to law by the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, or other head of an element of the intelligence community.
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The term individual in the executive branch means any officer or employee of the executive branch, including individuals—
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occupying a position specified in article II of the Constitution;
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appointed to a position by an individual described in subparagraph (A); or
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serving in the civil service or the senior executive service (or similar service for senior executives of particular departments or agencies).
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Report— Not later than 270 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a written report containing the results of the review required under subsection (a), along with recommendations to improve the timely and effective reporting of intelligence community whistleblower matters to inspectors general and to the congressional intelligence committees and the fair and expeditious investigation and resolution of such matters.
Sec. 610 Sense of Congress on notifications of certain disclosures of classified information
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Findings— Congress finds that section 502 of the National Security Act of 1947 (50 U.S.C. 3092) requires elements of the intelligence community to keep the congressional intelligence committees “fully and currently informed” about all “intelligence activities” of the United States, and to “furnish to the congressional intelligence committees any information or material concerning intelligence activities … which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibilities.”.
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Sense of Congress— It is the sense of Congress that—
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the authorities described in subsection (a), together with other intelligence community authorities, obligate an element of the intelligence community to submit to the congressional intelligence committees written notification, by not later than 7 days after becoming aware, that an individual in the executive branch has disclosed covered classified information to an official of an adversary foreign government using methods other than established intelligence channels; and
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each such notification should include—
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the date and place of the disclosure of classified information covered by the notification;
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a description of such classified information;
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identification of the individual who made such disclosure and the individual to whom such disclosure was made; and
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a summary of the circumstances of such disclosure.
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Definitions— In this section:
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The term adversary foreign government means the government of any of the following foreign countries:
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North Korea.
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Iran.
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China.
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Russia.
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Cuba.
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The term covered classified information means classified information that was—
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collected by an element of the intelligence community; or
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provided by the intelligence service or military of a foreign country to an element of the intelligence community.
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The term established intelligence channels means methods to exchange intelligence to coordinate foreign intelligence relationships, as established pursuant to law by the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, or other head of an element of the intelligence community.
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The term individual in the executive branch means any officer or employee of the executive branch, including individuals—
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occupying a position specified in article II of the Constitution;
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appointed to a position by an individual described in subparagraph (A); or
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serving in the civil service or the senior executive service (or similar service for senior executives of particular departments or agencies).