H.R. 6237 — what changed
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019
From Introduced in House to Reported in House. 10 sections amended and 1 added between Introduced in House and Reported in House.
Sec. 1104 Intelligence Community Management Account
Authorization of appropriations— There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2018 the sum of $546,900,000.
Authorized personnel levels— The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 797 positions as of September 30, 2018. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government.
Classified authorizations—
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Authorization of appropriations— In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2018 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 1102(a). Such additional amounts made available for advanced research and development shall remain available until September 30, 2019.1102(a).
Authorization of personnel— In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2018, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 1102(a).
Sec. 1402 Designation of the program manager-information-sharing environment
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Information-Sharing Information-sharing environment— Section 1016(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)) is amended—
in paragraph (1), by striking “President” and inserting “Director of National Intelligence”; and
in paragraph (2), by striking “President” both places that term appears and inserting “Director of National Intelligence”.
Program manager— Section 1016(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by striking “The individual designated as the program manager shall serve as program manager until removed from service or replaced by the President (at the President's sole discretion).” and inserting “Beginning on the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2018, each individual designated as the program manager shall be appointed by the Director of National Intelligence.”.
Sec. 2103 Intelligence Community Management Account
Authorization of appropriations— There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2019 the sum of $514,524,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 2102(a) for advanced research and development shall remain available until September 30, 2020.
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Classified authorizations— In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2019 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 2102(a). Such additional amounts made available for advanced research and development shall remain available until September 30, 2020.2102(a).
Sec. 2304 Repeal of Joint Intelligence Community Council
Repeal— Section 101A of the National Security Act of 1947 (50 U.S.C. 3022) is hereby repealed.
Clerical amendment— The table of contents at the beginning of such Act is amended by striking the item relating to section 101A.
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Conforming amendment— Section 102A(c)(1)(B) of such Act (50 U.S.C. 3024) is amended by striking “and, after obtaining the advice of the Joint Intelligence Community Council”.
Sec. 2306 Intelligence community information technology environment
Roles and responsibilities—
Director of National Intelligence— The Director of National Intelligence shall be responsible for coordinating the performance by elements of the intelligence community of IC ITE, including each of the following:
Ensuring compliance with all applicable IC ITE rules and regulations.
Ensuring IC ITE measurable performance goals exist.
Documenting IC ITE standards and practices.
Acting as an arbiter among elements of the intelligence community related to any disagreements arising out of the implementation of IC ITE.
Delegating responsibilities to the elements of the intelligence community and carrying out such other responsibilities as are necessary for the effective implementation of IC ITE.
Key service providers— Key service providers shall be responsible for—
providing key services, in coordination with the Director of National Intelligence; and
providing the Director with information requested and required to fulfill the responsibilities of the Director under paragraph (1).
Use of key services—
In general— Except as provided in subparagraph (B), each element of the intelligence community shall use key services when such services are available.
Exception— The Director of National Intelligence may provide for a written exception to the requirement under subparagraph (A) if the Director determines there is a compelling financial or mission need for such exception.
Management accountability— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall designate and maintain one or more accountable IC ITE executives to be responsible for—
IC ITE management, financial control, and integration;
ensuring the performance of each key service, including establishing measurable service requirements and schedules;
ensuring independent testing of each IC ITE core service, including testing by the intended users, to evaluate performance against measurable service requirements and to ensure the capability meets user requirements; and
coordinate IC ITE transition or restructuring efforts, including phase out of legacy systems.
Security plan— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and maintain a security plan for IC ITE.
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Long-Term Long-term roadmap— Not later than 180 days after the date of the enactment of this Act, and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a long-term roadmap that shall include each of the following:
A description of the minimum required and desired key service requirements, including—
key performance parameters; and
an assessment of current, measured performance.
IC ITE implementation milestones, including each of the following:
A schedule for expected deliveries of key service capabilities during each of the following phases:
Concept refinement and technology maturity demonstration.
Development, integration, and demonstration,
Production, deployment, and sustainment.
System retirement.
Dependencies of such key service capabilities.
Plans for the transition or restructuring necessary to incorporate key service capabilities.
A description of any legacy systems and discontinued capabilities to be phased out.
Such other matters as the Director determines appropriate.
Business plan— Not later than 180 days after the date of the enactment of this Act, and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a business plan that includes each of the following:
A uniform approach to identify IC ITE key service funding requests within the proposed budget, including multiyear plans to implement the long-term roadmap required by subsection (d).
A uniform approach by which each element of the intelligence community shall identify the cost of legacy information technology or alternative capabilities where IC ITE services will also be available.
A uniform effort by which each element of the intelligence community shall identify transition and restructuring costs for new, existing, and retiring IC ITE services, as well as IC ITE services that have changed designations among core service, service of common concern, and agency unique service.
A fair and equitable rate structure for use of IC ITE.
Quarterly presentations— Beginning not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees quarterly updates regarding ongoing implementation of IC ITE as compared to the requirements in the most recently submitted security plan required by subsection (c), long-term roadmap required by subsection (d), and business plan required by subsection (e).
Additional notifications— The Director of National Intelligence shall provide timely notification to the congressional intelligence committees regarding any policy changes related to or affecting IC ITE, new initiatives or strategies related to or impacting IC ITE, and changes or deficiencies in the execution of the security plan required by subsection (c), long-term roadmap required by subsection (d), and business plan required by subsection (e).
Definitions— In this section:
The term agency unique service means a capability that is unique to and used only within one element of the intelligence community.
The term core service means a capability that is available to multiple elements of the intelligence community and required for consistent operation of IC ITE.
The term intelligence community information technology environment or IC ITE means all of the information technology services across the intelligence community, including the data sharing and protection environment across multiple classification domains.
The term key service is a core service or service of common concern, but is not an agency unique service.
The term key service provider is the entity responsible and accountable for implementing a key service within the IC ITE.
The term service of common concern means a capability available across IC ITE that is of interest to two or more elements of the intelligence community.
Sunset— The section shall have no effect on or after September 30, 2024.
Sec. 2412 Special rules for certain monthly workers’ compensation payments and other payments for CIA personnel
In general— The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by inserting after section 19 the following new section:
“19A. Special rules for certain individuals injured by reason of war, insurgency, hostile act, or terrorist activities
“(a) Adjustment of compensation for certain injuries
“(1) Increase—The Director of the Central Intelligence Agency may increase the amount of monthly compensation paid to a covered employee under section 8105 of title 5, United States Code. Subject to paragraph (2), the Director may determine the amount of each such increase by taking into account—
“(A) the severity of the qualifying injury;
“(B) the circumstances by which the covered employee became injured; and
“(C) the seniority of the covered employee.
“(2) Maximum—Notwithstanding chapter 81 of title 5, United States Code, the total amount of monthly compensation increased under paragraph (1) may not exceed the monthly pay of the maximum rate of basic pay for GS–15 of the General Schedule under section 5332 of title 5, United States Code.
“(b) Costs for treating qualifying injuries—The Director may pay the costs of treating a qualifying injury of a covered employee, a covered individual, or a covered dependent, or may reimburse a covered employee, a covered individual, or a covered dependent for such costs, that are not otherwise covered by chapter 81 of title 5, United States Code, or other provision of Federal law.
“(c) Treatment of amounts—For purposes of section 104 of the Internal Revenue Code of 1986, amounts paid pursuant to this section shall be treated as amounts paid under chapter 81 of title 5, United States Code.
“(d) Definitions—In this section:
“(1) Covered dependent—The term covered dependent means a family member of a covered employee who, on or after September 11, 2001—
“(A) accompanies the covered employee to an assigned duty station in a foreign country; and
“(B) becomes injured by reason of a qualifying injury.
“(2) Covered employee—The term covered employee means an officer or employee of the Central Intelligence Agency who, on or after September 11, 2001, becomes injured by reason of a qualifying injury.
“(3) Covered individual—The term covered individual means an individual who—
“(A)
“(i) is detailed to the Central Intelligence Agency from other agencies of the United States Government or from the Armed Forces; or
“(ii) is affiliated with the Central Intelligence Agency, as determined by the Director; and
“(B) who, on or after September 11, 2001, becomes injured by reason of a qualifying injury.
“(4) Qualifying injury—The term qualifying injury means the following:
“(A) With respect to a covered dependent, an injury incurred—
“(i) during war, insurgency, hostile act, or terrorist activities occurring during a period in which the covered dependent is accompanying the covered employee to an assigned duty station in a foreign country; and
“(ii) that was not the result of the willful misconduct of the covered dependent.
“(B) With respect to a covered employee or a covered individual, an injury incurred—
“(i) during war, insurgency, hostile act, or terrorist activities occurring during a period of assignment to a duty station in a foreign country; and
“(ii) that was not the result of the willful misconduct of the covered employee or the covered individual.”
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Procedures—Regulations— Not later than 90 120 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall—
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issue procedures prescribe regulations ensuring the fair and equitable implementation of section 19A of the Central Intelligence Agency Act of 1949, as added by subsection (a); and
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submit to the congressional intelligence committees such procedures.regulations.
Application— Section 19A of the Central Intelligence Agency Act of 1949, as added by subsection (a), shall apply with respect to—
payments made to covered employees (as defined in such section) under section 8105 of title 5, United States Code, beginning on or after the date of the enactment of this Act; and
treatment described in subsection (b) of such section 19A occurring on or after the date of the enactment of this Act.
Sec. 2502 Repeal of certain reporting requirements
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Correcting long-Standing long-standing material weaknesses— Section 368 of the Intelligence Authorization Act for Fiscal Year 2010 (Public Law 110–259; 50 U.S.C. 3051 note) is hereby repealed.
Annual report on interactions between intelligence community and entertainment industry— Section 308 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31; 131 Stat. 813; 50 U.S.C. 3222) is amended by striking subsection (c).
Declassification review with respect to detainees transferred from United States Naval Station, Guantanamo Bay, Cuba— Section 601 of such Act (division N of Public Law 115–31; 131 Stat. 827) is hereby repealed.
Interagency threat assessment and coordination group— Section 210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended—
by striking subsection (c); and
by redesignating subsections (d) through (i) as subsections (c) through (h), respectively; and
in subsection (c), as so redesignated—
in paragraph (8), by striking “; and” and inserting a period; and
by striking paragraph (9).
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Inspector General report— Section 8G 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking subsection (g).amended—
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by striking subsection (g); and
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by redesignating subsections (h) and (i) as subsections (g) and (h), respectively.
Sec. 2504 Reports on intelligence community loan repayment and related programs
Sense of Congress— It is the sense of Congress that—
there should be established, through the issuing of an Intelligence Community Directive or otherwise, an intelligence community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, for employees of the intelligence community;
creating such a program would enhance the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions;
such a program, including with respect to eligibility requirements, should be designed so as to maximize the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions; and
to the extent possible, such a program should be uniform throughout the intelligence community and publicly promoted by each element of the intelligence community to both current employees of the element as well as to prospective employees of the element.
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Report on potential intelligence community-Wide community-wide program—
In general— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in cooperation with the heads of the elements of the intelligence community and the heads of any other appropriate department or agency of the Federal Government, shall submit to the congressional intelligence committees a report on potentially establishing and carrying out an intelligence community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, as described in subsection (a).
Matters included— The report under paragraph (1) shall include, at a minimum, the following:
A description of the financial resources that the elements of the intelligence community would require to establish and initially carry out the program specified in paragraph (1).
A description of the practical steps to establish and carry out such a program.
The identification of any legislative action the Director determines necessary to establish and carry out such a program.
Annual reports on established programs—
In general— The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on the covered programs. Each such report shall include, with respect to the period covered by the report, the following:
The number of personnel from each element of the intelligence community who used each covered program.
The total amount of funds each element expended for each such program.
A description of the efforts made by each element to promote each covered program pursuant to both the personnel of the element of the intelligence community and to prospective personnel.
Covered programs defined— In this subsection, the term covered programs means any loan repayment program, loan forgiveness program, financial counseling program, or similar programs, established pursuant to title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other provision of law that may be administered or used by an element of the intelligence community.
Sec. 2506 Briefings on counterintelligence activities of the Federal Bureau of Investigation
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Quarterly briefings— Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Director of the Federal Bureau of Investigation shall provide to the congressional intelligence committees a briefing on the counterintelligence activities of the Federal Bureau of Investigation. Such briefings shall include, at a minimum, an overview and update of—
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the counterintelligence posture of the Bureau;
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matters of counterintelligence concern; and
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any other information relating to the counterintelligence activities of the Bureau that the Director determines necessary to keep the congressional intelligence committees fully and currently informed as required by section 501 of the National Security Act of 1947 (50 U.S.C. 3091).
removed
Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall provide to the congressional intelligence committees a briefing on the ability of the Federal Bureau of Investigation to offer, as an inducement to assisting the Bureau, permanent residence within the United States to foreign individuals who are sources or cooperators in counterintelligence or other national security-related investigations. The briefing shall address the following:
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Guidelines— The extent to which the Bureau may make such offers, whether independently or Director, in conjunction coordination with other agencies and departments of the United States Government, including a discussion of Attorney General and in consultation with the authorities provided by section 101(a)(15)(S) of congressional intelligence committees, shall develop guidelines governing the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)), section 7 scope of the Central Intelligence Agency Act (50 U.S.C. 3508), and any other provision of law briefings provided under which the Bureau may make such offers.subsection (a).
removed
An overview of the policies and operational practices of the Bureau with respect to making such offers.
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The sufficiency of such policies and practices with respect to inducing individuals to cooperate with, serve as sources for such investigations, or both.
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Whether the Director recommends any legislative actions to improve such policies and practices, particularly with respect to the counterintelligence efforts of the Bureau.
Sec. 2507 Briefing on FBI offering permanent residence to sources and cooperators
added Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall provide to the congressional intelligence committees a briefing on the ability of the Federal Bureau of Investigation to offer, as an inducement to assisting the Bureau, permanent residence within the United States to foreign individuals who are sources or cooperators in counterintelligence or other national security-related investigations. The briefing shall address the following:
removed
Table of contents— The table of contents at the beginning of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
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by inserting after the item relating to section 2 the following new item:
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by striking the item relating to section 107;
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by striking the item relating to section 113B and inserting the following new item:
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by striking the items relating to sections 202, 203, 204, 208, 209, 210, 211, 212, 213, and 214; and
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by inserting after the item relating to section 311 the following new item:
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Other technical corrections— Such The extent to which the Bureau may make such offers, whether independently or in conjunction with other agencies and departments of the United States Government, including a discussion of the authorities provided by section 101(a)(15)(S) of the Immigration and Nationality Act is further amended—(8 U.S.C. 1101(a)(15)(S)), section 7 of the Central Intelligence Agency Act (50 U.S.C. 3508), and any other provision of law under which the Bureau may make such offers.
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An overview of the policies and operational practices of the Bureau with respect to making such offers.
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The sufficiency of such policies and practices with respect to inducing individuals to cooperate with, serve as sources for such investigations, or both.
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Whether the Director recommends any legislative actions to improve such policies and practices, particularly with respect to the counterintelligence efforts of the Bureau.
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in section 102A—
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in subparagraph (G) of paragraph (1) of subsection (g), by moving the margins of such subparagraph 2 ems to the left; and
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in paragraph (3) of subsection (v), by moving the margins of such paragraph 2 ems to the left;
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in section 106—
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by inserting “Sec. 106” before “(a)”; and
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in subparagraph (I) of paragraph (2) of subsection (b), by moving the margins of such subparagraph 2 ems to the left;
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by striking section 107;
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in section 108(c), by striking “in both a classified and an unclassified form” and inserting “to Congress in classified form, but may include an unclassified summary”;
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in section 112(c)(1), by striking “section 103(c)(7)” and inserting “section 102A(i)”;
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by amending section 201 to read as follows:
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“201. Department of Defense
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“Except to the extent inconsistent with the provisions of this Act or other provisions of law, the provisions of title 5, United States Code, shall be applicable to the Department of Defense.”
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in section 205, by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;
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in section 206, by striking “(a)”;
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in section 207, by striking “(c)”;
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in section 308(a), by striking “this Act” and inserting “sections 2, 101, 102, 103, and 303 of this Act”;
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by redesignating section 411 as section 312;
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in section 503—
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in paragraph (5) of subsection (c)—
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by moving the margins of such paragraph 2 ems to the left; and
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by moving the margins of subparagraph (B) of such paragraph 2 ems to the left; and
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in paragraph (2) of subsection (d), by moving the margins of such paragraph 2 ems to the left; and
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in subparagraph (B) of paragraph (3) of subsection (a) of section 504, by moving the margins of such subparagraph 2 ems to the right.
Sec. 2508 Technical and clerical amendments to the National Security Act of 1947
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Table of contents— The table of contents at the beginning of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
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by inserting after the item relating to section 2 the following new item:
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by striking the item relating to section 107;
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by striking the item relating to section 113B and inserting the following new item:
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by striking the items relating to sections 202, 203, 204, 208, 209, 210, 211, 212, 213, and 214; and
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by inserting after the item relating to section 311 the following new item:
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Other technical corrections— Such Act is further amended—
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in section 102A—
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in subparagraph (G) of paragraph (1) of subsection (g), by moving the margins of such subparagraph 2 ems to the left; and
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in paragraph (3) of subsection (v), by moving the margins of such paragraph 2 ems to the left;
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in section 106—
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by inserting “Sec. 106” before “(a)”; and
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in subparagraph (I) of paragraph (2) of subsection (b), by moving the margins of such subparagraph 2 ems to the left;
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by striking section 107;
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in section 108(c), by striking “in both a classified and an unclassified form” and inserting “to Congress in classified form, but may include an unclassified summary”;
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in section 112(c)(1), by striking “section 103(c)(7)” and inserting “section 102A(i)”;
added
by amending section 201 to read as follows:
added “201. Department of Defense
added “Except to the extent inconsistent with the provisions of this Act or other provisions of law, the provisions of title 5, United States Code, shall be applicable to the Department of Defense.”
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in section 205, by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;
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in section 206, by striking “(a)”;
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in section 207, by striking “(c)”;
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in section 308(a), by striking “this Act” and inserting “sections 2, 101, 102, 103, and 303 of this Act”;
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by redesignating section 411 as section 312;
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in section 503—
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in paragraph (5) of subsection (c)—
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by moving the margins of such paragraph 2 ems to the left; and
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by moving the margins of subparagraph (B) of such paragraph 2 ems to the left; and
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in paragraph (2) of subsection (d), by moving the margins of such paragraph 2 ems to the left; and
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in subparagraph (B) of paragraph (3) of subsection (a) of section 504, by moving the margins of such subparagraph 2 ems to the right.