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Division B — Intelligence Authorization Act for Fiscal Year 2019

H.R. 6237 · 115th Congress · Jul 16, 2018 · Lineage

B Intelligence Authorization Act for Fiscal Year 2019

Sec. 201 Short title; table of contents

(a)
Short title— This division may be cited as the “Intelligence Authorization Act for Fiscal Year 2019”.
(b)
Table of contents— The table of contents for this division is as follows:

Sec. 202 Definitions

In this division, the terms congressional intelligence committees and intelligence community have the meaning given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

I Intelligence Activities

Sec. 2101 Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2019 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
(1)
The Office of the Director of National Intelligence.
(2)
The Central Intelligence Agency.
(3)
The Department of Defense.
(4)
The Defense Intelligence Agency.
(5)
The National Security Agency.
(6)
The Department of the Army, the Department of the Navy, and the Department of the Air Force.
(7)
The Coast Guard.
(8)
The Department of State.
(9)
The Department of the Treasury.
(10)
The Department of Energy.
(11)
The Department of Justice.
(12)
The Federal Bureau of Investigation.
(13)
The Drug Enforcement Administration.
(14)
The National Reconnaissance Office.
(15)
The National Geospatial-Intelligence Agency.
(16)
The Department of Homeland Security.

Sec. 2102 Classified Schedule of Authorizations

(a)
Specifications of amounts— The amounts authorized to be appropriated under section 2101 for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 2101, are those specified in the classified Schedule of Authorizations prepared to accompany this division.
(b)
Availability of classified schedule of authorizations—
(1)
Availability— The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President.
(2)
Distribution by the President— Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch.
(3)
Limits on disclosure— The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except—
(A)
as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
(B)
to the extent necessary to implement the budget; or
(C)
as otherwise required by law.

Sec. 2103 Intelligence Community Management Account

(a)
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.
(b)
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).

II Central Intelligence Agency Retirement and Disability System

Sec. 2201 Authorization of appropriations

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2019 the sum of $514,000,000.

III General Intelligence Community Matters

Sec. 2301 Restriction on conduct of intelligence activities

The authorization of appropriations by this division shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.

Sec. 2302 Increase in employee compensation and benefits authorized by law

Appropriations authorized by this division for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.

Sec. 2303 Modification of special pay authority for science, technology, engineering, or mathematics positions and addition of special pay authority for cyber positions

Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a) is amended—
(1)
by amending subsection (a) to read as follows:

“(a) Special rates of pay for positions requiring expertise in science, technology, engineering, or mathematics

“(1) In general—Notwithstanding part III of title 5, United States Code, the head of each element of the intelligence community may, for 1 or more categories of positions in such element that require expertise in science, technology, engineering, or mathematics—

“(A) establish higher minimum rates of pay; and

“(B) make corresponding increases in all rates of pay of the pay range for each grade or level, subject to subsection (b) or (c), as applicable.

“(2) Treatment—The special rate supplements resulting from the establishment of higher rates under paragraph (1) shall be basic pay for the same or similar purposes as those specified in section 5305(j) of title 5, United States Code.”

(2)
by redesignating subsections (b) through (f) as subsections (c) through (g), respectively;
(3)
by inserting after subsection (a) the following:

“(b) Special rates of pay for cyber positions

“(1) In general—Notwithstanding subsection (c), the Director of the National Security Agency may establish a special rate of pay—

“(A) not to exceed the rate of basic pay payable for level II of the Executive Schedule under section 5313 of title 5, United States Code, if the Director certifies to the Under Secretary of Defense for Intelligence, in consultation with the Under Secretary of Defense for Personnel and Readiness, that the rate of pay is for positions that perform functions that execute the cyber mission of the Agency; or

“(B) not to exceed the rate of basic pay payable for the Vice President of the United States under section 104 of title 3, United States Code, if the Director certifies to the Secretary of Defense, by name, individuals that have advanced skills and competencies and that perform critical functions that execute the cyber mission of the Agency.

“(2) Pay limitation—Employees receiving a special rate under paragraph (1) shall be subject to an aggregate pay limitation that parallels the limitation established in section 5307 of title 5, United States Code, except that—

“(A) any allowance, differential, bonus, award, or other similar cash payment in addition to basic pay that is authorized under title 10, United States Code, (or any other applicable law in addition to title 5 of such Code, excluding the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)) shall also be counted as part of aggregate compensation; and

“(B) aggregate compensation may not exceed the rate established for the Vice President of the United States under section 104 of title 3, United States Code.

“(3) Limitation on number of recipients—The number of individuals who receive basic pay established under paragraph (1)(B) may not exceed 100 at any time.

“(4) Limitation on use as comparative reference—Notwithstanding any other provision of law, special rates of pay and the limitation established under paragraph (1)(B) may not be used as comparative references for the purpose of fixing the rates of basic pay or maximum pay limitations of qualified positions under section 1599f of title 10, United States Code, or section 226 of the Homeland Security Act of 2002 (6 U.S.C. 147).”

(4)
in subsection (c), as redesignated by paragraph (2), by striking “A minimum” and inserting “Except as provided in subsection (b), a minimum”;
(5)
in subsection (d), as redesignated by paragraph (2), by inserting “or (b)” after “by subsection (a)”; and
(6)
in subsection (g), as redesignated by paragraph (2)—
(A)
in paragraph (1), by striking “Not later than 90 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2017” and inserting “Not later than 90 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2019”; and
(B)
in paragraph (2)(A), by inserting “or (b)” after “subsection (a)”.

Sec. 2304 Repeal of Joint Intelligence Community Council

(a)
Repeal— Section 101A of the National Security Act of 1947 (50 U.S.C. 3022) is hereby repealed.
(b)
Clerical amendment— The table of contents at the beginning of such Act is amended by striking the item relating to section 101A.
(c)
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. 2305 Permanent enhanced procurement authority to manage supply chain risks

Section 309 of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law 112–87; 125 Stat. 1875; 50 U.S.C. 3329 note) is amended by striking subsection (g).

Sec. 2306 Intelligence community information technology environment

(a)
Roles and responsibilities—
(1)
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:
(A)
Ensuring compliance with all applicable IC ITE rules and regulations.
(B)
Ensuring IC ITE measurable performance goals exist.
(C)
Documenting IC ITE standards and practices.
(D)
Acting as an arbiter among elements of the intelligence community related to any disagreements arising out of the implementation of IC ITE.
(E)
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.
(2)
Key service providers— Key service providers shall be responsible for—
(A)
providing key services, in coordination with the Director of National Intelligence; and
(B)
providing the Director with information requested and required to fulfill the responsibilities of the Director under paragraph (1).
(3)
Use of key services—
(A)
In general— Except as provided in subparagraph (B), each element of the intelligence community shall use key services when such services are available.
(B)
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.
(b)
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—
(1)
IC ITE management, financial control, and integration;
(2)
ensuring the performance of each key service, including establishing measurable service requirements and schedules;
(3)
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
(4)
coordinate IC ITE transition or restructuring efforts, including phase out of legacy systems.
(c)
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.
(d)
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:
(1)
A description of the minimum required and desired key service requirements, including—
(A)
key performance parameters; and
(B)
an assessment of current, measured performance.
(2)
IC ITE implementation milestones, including each of the following:
(A)
A schedule for expected deliveries of key service capabilities during each of the following phases:
(i)
Concept refinement and technology maturity demonstration.
(ii)
Development, integration, and demonstration,
(iii)
Production, deployment, and sustainment.
(iv)
System retirement.
(B)
Dependencies of such key service capabilities.
(C)
Plans for the transition or restructuring necessary to incorporate key service capabilities.
(D)
A description of any legacy systems and discontinued capabilities to be phased out.
(3)
Such other matters as the Director determines appropriate.
(e)
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:
(1)
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).
(2)
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.
(3)
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.
(4)
A fair and equitable rate structure for use of IC ITE.
(f)
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).
(g)
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).
(h)
Definitions— In this section:
(1)
The term agency unique service means a capability that is unique to and used only within one element of the intelligence community.
(2)
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.
(3)
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.
(4)
The term key service is a core service or service of common concern, but is not an agency unique service.
(5)
The term key service provider is the entity responsible and accountable for implementing a key service within the IC ITE.
(6)
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.
(i)
Sunset— The section shall have no effect on or after September 30, 2024.

Sec. 2307 Development of secure cellular voice solution for intelligence community

(a)
In general— The Director of National Intelligence shall certify and approve the operation of a National Intelligence Program enterprise-wide secure voice cellular solution that leverages commercially available technology and operates on existing commercial cellular networks.
(b)
Policy— The Director of National Intelligence shall establish an intelligence community policy for the cellular voice solution required by subsection (a) that addresses each of the following:
(1)
Determinations regarding eligibility to use a device covered by such cellular voice solution.
(2)
The appropriate classification levels associated with the use of secure cellular phones.
(3)
Measures that should be taken prior to initiating or receiving a secure cellular call.
(4)
Appropriate methods for storage of secure devices when not in the physical possession of an authorized user.
(5)
Such other matters as the Director determines appropriate.
(c)
Costs— The Director of National Intelligence shall ensure that annual operating costs of the secure cellular solution requirement in subsection (a), excluding initial development and deployment, are born on a cost-reimbursable basis by each relevant element of the intelligence community.

Sec. 2308 Policy on minimum insider threat standards

(a)
Policy required— Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall establish a policy for minimum insider threat standards.
(b)
Implementation— Not later than 180 days after the date of the enactment of this Act, the head of each element of the intelligence community shall implement the policy established under subsection (a).

Sec. 2309 Submission of intelligence community policies

(a)
Submission of policies—
(1)
Current policy— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees using the electronic repository all non-publicly available policies, directives, and guidance issued by the Director of National Intelligence for the intelligence community that are in effect as of the date of the submission.
(2)
Continuous updates— Not later than 15 days after the date on which the Director of National Intelligence issues, modifies, or rescinds a policy, directive, or guidance of the intelligence community, the Director shall—
(A)
notify the congressional intelligence committees of such addition, modification, or removal; and
(B)
update the electronic repository with respect to such addition, modification, or removal.
(b)
Electronic repository defined— In this section, the term electronic repository means the electronic distribution mechanism, in use as of the date of the enactment of this Act, or any successor electronic distribution mechanism, by which the Director of National Intelligence submits to the congressional intelligence committees information.

IV Matters Relating to Elements of the Intelligence Community

A Office of the Director of National Intelligence

Sec. 2401 Chief Financial Officer of the Intelligence Community

Section 103I(a) of the National Security Act of 1947 (50 U.S.C. 3034(a)) is amended by adding at the end the following new sentence: “The Chief Financial Officer shall report directly to the Director of National Intelligence.”.

Sec. 2402 Chief Information Officer of the Intelligence Community

Section 103G(a) of the National Security Act of 1947 (50 U.S.C. 3032(a)) is amended by adding at the end the following new sentence: “The Chief Information Officer shall report directly to the Director of National Intelligence.”.

B Central Intelligence Agency

Sec. 2411 CIA subsistence for personnel assigned to austere locations

Subsection (a) of section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3506) is amended—
(1)
in paragraph (1), by striking “(50 U.S.C. 403–4a).,” and inserting “(50 U.S.C. 403–4a),”;
(2)
in paragraph (6), by striking “and” at the end;
(3)
in paragraph (7), by striking the period at the end and inserting “; and”; and
(4)
by adding at the end the following new paragraph (8):

“(8) Upon the approval of the Director, provide, during any fiscal year, with or without reimbursement, subsistence to any personnel assigned to an overseas location designated by the Agency as an austere location.”

Sec. 2412 Special rules for certain monthly workers’ compensation payments and other payments for CIA personnel

(a)
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.”

(b)
Regulations— Not later than 120 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall—
(1)
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
(2)
submit to the congressional intelligence committees such regulations.
(c)
Application— Section 19A of the Central Intelligence Agency Act of 1949, as added by subsection (a), shall apply with respect to—
(1)
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
(2)
treatment described in subsection (b) of such section 19A occurring on or after the date of the enactment of this Act.

Sec. 2413 Expansion of security protective service jurisdiction of the Central Intelligence Agency

Subsection (a) of section 15 of the Central Intelligence Act of 1949 (50 U.S.C. 3515(a)) is amended—
(1)
in the subsection heading, by striking “policemen” and inserting “police officers”; and
(2)
in paragraph (1)—
(A)
in subparagraph (B), by striking “500 feet;” and inserting “500 yards;”; and
(B)
in subparagraph (D), by striking “500 feet.” and inserting “500 yards.”.

Sec. 2414 Repeal of foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency

(a)
Repeal of foreign language proficiency requirement— Section 104A of the National Security Act of 1947 (50 U.S.C. 3036) is amended by striking subsection (g).
(b)
Conforming repeal of report requirement— Section 611 of the Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108–487) is amended by striking subsection (c).

C Office of Intelligence and Counterintelligence of Department of Energy

Sec. 2421 Consolidation of Department of Energy Offices of Intelligence and Counterintelligence

(a)
In general— Section 215 of the Department of Energy Organization Act (42 U.S.C. 7144b) is amended to read as follows:

“215. Office of Intelligence and Counterintelligence

“(a) In general—There is in the Department an Office of Intelligence and Counterintelligence. Such office shall be under the National Intelligence Program.

“(b) Director

“(1) The head of the Office shall be the Director of the Office of Intelligence and Counterintelligence, who shall be an employee in the Senior Executive Service, the Senior Intelligence Service, the Senior National Intelligence Service, or any other Service that the Secretary, in coordination with the Director of National Intelligence, considers appropriate. The Director of the Office shall report directly to the Secretary.

“(2) The Secretary shall select an individual to serve as the Director from among individuals who have substantial expertise in matters relating to the intelligence community, including foreign intelligence and counterintelligence.

“(c) Duties

“(1) Subject to the authority, direction, and control of the Secretary, the Director shall perform such duties and exercise such powers as the Secretary may prescribe.

“(2) The Director shall be responsible for establishing policy for intelligence and counterintelligence programs and activities at the Department.

“(d) Definitions—In this section, the terms intelligence community and National Intelligence Program have the meanings given such terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”

(b)
Conforming repeal— Section 216 of the Department of Energy Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c)
Clerical amendment— The table of contents at the beginning of the Department of Energy Organization Act is amended by striking the items relating to sections 215 and 216 and inserting the following new item:

Sec. 2422 Establishment of Energy Infrastructure Security Center

Section 215 of the Department of Energy Organization Act (42 U.S.C. 7144b), as amended by section 2421, is further amended—
(1)
by redesignating subsection (d) as subsection (e); and
(2)
by inserting after subsection (c) the following new subsection (d):

“(d) Energy Infrastructure Security Center

“(1)

“(A) The President shall establish an Energy Infrastructure Security Center, taking into account all appropriate government tools to analyze and disseminate intelligence relating to the security of the energy infrastructure of the United States.

“(B) The Secretary shall appoint the head of the Energy Infrastructure Security Center.

“(C) The Energy Infrastructure Security Center shall be located within the Office of Intelligence and Counterintelligence.

“(2) In establishing the Energy Infrastructure Security Center, the Director of the Office of Intelligence and Counterintelligence shall address the following missions and objectives to coordinate and disseminate intelligence relating to the security of the energy infrastructure of the United States:

“(A) Establishing a primary organization within the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States pertaining to the security of the energy infrastructure of the United States.

“(B) Ensuring that appropriate departments and agencies have full access to and receive intelligence support needed to execute the plans or activities of the agencies, and perform independent, alternative analyses.

“(C) Establishing a central repository on known and suspected foreign threats to the energy infrastructure of the United States, including with respect to any individuals, groups, or entities engaged in activities targeting such infrastructure, and the goals, strategies, capabilities, and networks of such individuals, groups, or entities.

“(D) Disseminating intelligence information relating to the security of the energy infrastructure of the United States, including threats and analyses, to the President, to the appropriate departments and agencies, and to the appropriate committees of Congress.

“(3) The President may waive the requirements of this subsection, and any parts thereof, if the President determines that such requirements do not materially improve the ability of the United States Government to prevent and halt attacks against the energy infrastructure of the United States. Such waiver shall be made in writing to Congress and shall include a description of how the missions and objectives in paragraph (2) are being met.

“(4) If the President decides not to exercise the waiver authority granted by paragraph (3), the President shall submit to Congress from time to time updates and plans regarding the establishment of an Energy Infrastructure Security Center.”

Sec. 2423 Repeal of Department of Energy Intelligence Executive Committee and budget reporting requirement

Section 214 of the Department of Energy Organization Act (42 U.S.C. 7144a) is amended—
(1)
by striking “(a) Duty of Secretary.—”; and
(2)
by striking subsections (b) and (c).

D Other elements

Sec. 2431 Collocation of certain Department of Homeland Security personnel at field locations

Not later than 18 months after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall transfer not less than 40 personnel who are stationed, as of the date of the enactment of this Act, at the Department of Homeland Security headquarters located at Nebraska Avenue Northwest, Washington, District of Columbia, to locations at least 30 miles from such headquarters in order to collocate such personnel with and provide support for Department of Homeland Security operational units from Customs and Border Protection, the Transportation Security Administration, Immigration and Customs Enforcement, or other elements of the Department of Homeland Security.

Sec. 2432 Framework for roles, missions, and functions of Defense Intelligence Agency

(a)
In general— The Director of National Intelligence and the Secretary of Defense shall jointly establish a framework to ensure the appropriate balance of resources for the roles, missions, and functions of the Defense Intelligence Agency in its capacity as an element of the intelligence community and as a combat support agency. The framework shall include supporting processes to provide for the consistent and regular reevaluation of the responsibilities and resources of the Defense Intelligence Agency to prevent imbalanced priorities, insufficient or misaligned resources, and the unauthorized expansion of mission parameters.
(b)
Matters for inclusion— The framework required under subsection (a) shall include each of the following:
(1)
A lexicon providing for consistent definitions of relevant terms used by both the intelligence community and the Department of Defense, including each of the following:
(A)
Defense intelligence enterprise.
(B)
Enterprise manager.
(C)
Executive agent.
(D)
Function.
(E)
Functional manager.
(F)
Mission.
(G)
Mission manager.
(H)
Responsibility.
(I)
Role.
(J)
Service of common concern.
(2)
An assessment of the necessity of maintaining separate designations for the intelligence community and the Department of Defense for intelligence functional or enterprise management constructs.
(3)
A repeatable process for evaluating the addition, transfer, or elimination of defense intelligence missions, roles, and functions, currently performed or to be performed in the future by the Defense Intelligence Agency, which includes each of the following:
(A)
A justification for the addition, transfer, or elimination of a mission, role, or function.
(B)
The identification of which, if any, element of the Federal Government performs the considered mission, role, or function.
(C)
In the case of any new mission, role, or functions—
(i)
an assessment of the most appropriate agency or element to perform such mission, role, or function, taking into account the resource profiles, scope of responsibilities, primary customers, and existing infrastructure necessary to support such mission, role, or function; and
(ii)
a determination of the appropriate resource profile and an identification of the projected resources needed and the proposed source of such resources over the future-years defense program, to be provided in writing to any elements of the intelligence community or the Department of Defense affected by the assumption, transfer, or elimination of any mission, role, or function.
(D)
In the case of any mission, role, or function proposed to be assumed, transferred, or eliminated, an assessment, which shall be completed jointly by the heads of each element affected by such assumption, transfer, or elimination, of the risks that would be assumed by the intelligence community and the Department if such mission, role, or function is assumed, transferred, or eliminated.
(E)
A description of how determinations are made regarding the funding of programs and activities under the National Intelligence Program and the Military Intelligence Program, including—
(i)
which programs or activities are funded under each such Program;
(ii)
which programs or activities should be jointly funded under both such Programs and how determinations are made with respect to funding allocations for such programs and activities; and
(iii)
the thresholds and process for changing a program or activity from being funded under one such Program to being funded under the other such Program.

Sec. 2433 Consultation by Secretary of Defense with Director of National Intelligence for certain functions

Section 105(b) of the National Security Act of 1947 (50 U.S.C. 3038(b)) is amended in the matter preceding paragraph (1) by inserting “, in consultation with the Director of National Intelligence,” after “the Secretary of Defense”.

Sec. 2434 Construction of National Security Agency East Campus Building 3

(a)
Sense of Congress— It is the sense of Congress that in carrying out the construction at the National Security Agency East Campus, the Director of the National Security Agency should prioritize the consolidation of national intelligence mission activities on such campus and away from disparate leased facilities in the Washington-Baltimore region.
(b)
Incremental construction of East Campus Building 3—
(1)
In general— The Director of the National Security Agency may provide for the construction of East Campus Building 3, as authorized in section 2102, in increments, subject to annual appropriations, except that the total amount expended on the construction of East Campus Building 3 may not exceed $775,000,000.
(2)
Fiscal year 2019— The authorization of appropriations for East Campus Building 3 under section 2102 is an authorization to proceed with the construction of East Campus Building 3. The Director of the National Security Agency shall conduct necessary activities during fiscal year 2019 to avoid delays in project completion.
(c)
Report— Not later than 180 days after the date of the enactment of this Act, the Director of the National Security Agency shall submit to the congressional intelligence committees a plan for the construction of East Campus Building 4 and East Campus Building 5. Such plan shall include—
(1)
a list of commercial leases in the Washington-Baltimore region that could be terminated if Congress authorizes the construction of East Campus Building 4 and East Campus Building 5; and
(2)
an analysis of options to accelerate East Campus construction efforts.

Sec. 2435 Establishment of advisory board for National Reconnaissance Office

(a)
Establishment— Section 106A of the National Security Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end the following new subsection:

“(d) Advisory board

“(1) Establishment—There is established in the National Reconnaissance Office an advisory board (in this section referred to as the “Board”).

“(2) Duties—The Board shall—

“(A) study matters relating to the mission of the National Reconnaissance Office, including with respect to space, overhead reconnaissance, acquisition, and other matters; and

“(B) advise and report directly the Director with respect to such matters.

“(3) Members

“(A) Number and appointment—The Board shall be composed of 5 members appointed by the Director from among individuals with demonstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnaissance Office.

“(B) Terms—Each member shall be appointed for a term of 2 years. Except as provided by subparagraph (C), a member may not serve more than 3 terms.

“(C) Vacancy—Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office.

“(D) Chair—The Board shall have a Chair, who shall be appointed by the Director from among the members.

“(E) Travel expenses—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

“(F) Executive Secretary—The Director may appoint an executive secretary, who shall be an employee of the National Reconnaissance Office, to support the Board.

“(4) Meetings—The Board shall meet not less than quarterly, but may meet more frequently at the call of the Director.

“(5) Reports—Not later than March 31 of each year, the Board shall submit to the Director and to the congressional intelligence committees a report on the activities of the Board during the preceding year.

“(6) Nonapplicability of certain requirements—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.”

(b)
Initial appointments— Not later than 180 days after the date of the enactment of this Act, the Director of the National Reconnaissance Office shall appoint the initial 5 members to the advisory board under subsection (d) of section 106A of the National Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a).

V Reports and other matters

Sec. 2501 Public Interest Declassification Board

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 “2018” and inserting “2028”.

Sec. 2502 Repeal of certain reporting requirements

(a)
Correcting 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.
(b)
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).
(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.
(d)
Interagency threat assessment and coordination group— Section 210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended—
(1)
by striking subsection (c); and
(2)
by redesignating subsections (d) through (i) as subsections (c) through (h), respectively; and
(3)
in subsection (c), as so redesignated—
(A)
in paragraph (8), by striking “; and” and inserting a period; and
(B)
by striking paragraph (9).
(e)
Inspector General report— Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1)
by striking subsection (g); and
(2)
by redesignating subsections (h) and (i) as subsections (g) and (h), respectively.

Sec. 2503 Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices

(a)
Determinations of significant foreign cyber intrusions and active measures campaigns— The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly carry out subsection (b) if such Directors and the Secretary jointly determine—
(1)
that on or after the date of the enactment of this Act, a significant foreign cyber intrusion or active measures campaign intended to influence an upcoming election for any Federal office has occurred or is occurring; and
(2)
with moderate or high confidence, that such intrusion or campaign can be attributed to a foreign state or to a foreign nonstate person, group, or other entity.
(b)
Briefing—
(1)
In general— Not later than 14 days after making a determination under subsection (a), the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security, shall jointly provide a briefing to the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the other appropriate congressional committees. The briefing shall be classified and address, at a minimum, the following:
(A)
A description of the significant foreign cyber intrusion or active measures campaign, as the case may be, covered by the determination.
(B)
An identification of the foreign state or foreign nonstate person, group, or other entity, to which such intrusion or campaign has been attributed.
(C)
The desirability and feasibility of the public release of information about the cyber intrusion or active measures campaign.
(D)
Any other information such Directors and the Secretary jointly determine appropriate.
(2)
Electronic election infrastructure briefings— With respect to a significant foreign cyber intrusion covered by a determination under subsection (a), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall offer to the owner or operator of any electronic election infrastructure directly affected by such intrusion, a briefing on such intrusion, including steps that may be taken to mitigate such intrusion. Such briefing may be classified and made available only to individuals with appropriate security clearances.
(3)
Protection of sources and methods— This subsection shall be carried out in a manner that is consistent with the protection of sources and methods.
(c)
Definitions— In this section:
(1)
Active measures campaign— The term active measures campaign means a foreign semi-covert or covert intelligence operation.
(2)
Candidate, election, and political party— The terms candidate, election, and political party have the meanings given those terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).
(3)
Congressional leadership— The term congressional leadership includes the following:
(A)
The majority leader of the Senate.
(B)
The minority leader of the Senate.
(C)
The Speaker of the House of Representatives.
(D)
The minority leader of the House of Representatives.
(4)
Cyber intrusion— The term cyber intrusion means an electronic occurrence that actually or imminently jeopardizes, without lawful authority, electronic election infrastructure, or the integrity, confidentiality, or availability of information within such infrastructure.
(5)
Electronic election infrastructure— The term electronic election infrastructure means an electronic information system of any of the following that is related to an election for Federal office:
(A)
The Federal Government.
(B)
A State or local government.
(C)
A political party.
(D)
The election campaign of a candidate.
(6)
Federal office— The term Federal office has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).
(7)
High confidence— The term high confidence, with respect to a determination, means that the determination is based on high-quality information from multiple sources.
(8)
Moderate confidence— The term moderate confidence, with respect to a determination, means that a determination is credibly sourced and plausible but not of sufficient quality or corroborated sufficiently to warrant a higher level of confidence.
(9)
Other appropriate congressional committees— The term other appropriate congressional committees means—
(A)
the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B)
the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.

Sec. 2504 Reports on intelligence community loan repayment and related programs

(a)
Sense of Congress— It is the sense of Congress that—
(1)
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;
(2)
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;
(3)
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
(4)
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.
(b)
Report on potential intelligence community-wide program—
(1)
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).
(2)
Matters included— The report under paragraph (1) shall include, at a minimum, the following:
(A)
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).
(B)
A description of the practical steps to establish and carry out such a program.
(C)
The identification of any legislative action the Director determines necessary to establish and carry out such a program.
(c)
Annual reports on established programs—
(1)
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:
(A)
The number of personnel from each element of the intelligence community who used each covered program.
(B)
The total amount of funds each element expended for each such program.
(C)
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.
(2)
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. 2505 Comptroller General of the United States report on senior executives of the Office of the Director of National Intelligence

(a)
Report— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional intelligence committees a report on the number of Senior Executive Service positions in the Office of the Director of National Intelligence.
(b)
Matters included— The report under subsection (a) shall include the following:
(1)
The number of required Senior Executive Service positions for the Office of the Director of National Intelligence.
(2)
Whether such requirements are reasonably based on the mission of the Office.
(3)
A discussion of how the levels of the Senior Executive Service positions in the Office compare to the number of senior positions at other elements of the intelligence community.
(c)
Cooperation— The Director of National Intelligence shall provide to the Comptroller General any information requested by the Comptroller General to carry out this section by not later than 5 business days after the date on which the Comptroller General makes such request.
(d)
Senior Executive Service position defined— In this section, the term Senior Executive Service position has the meaning given that term in section 3132(a)(2) of title 5, United States Code, and includes any position above the GS–15, step 10, level of the General Schedule under section 5332 of such title.

Sec. 2506 Briefings on counterintelligence activities of the Federal Bureau of Investigation

(a)
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—
(1)
the counterintelligence posture of the Bureau;
(2)
matters of counterintelligence concern; and
(3)
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).
(b)
Guidelines— The Director, in coordination with the Attorney General and in consultation with the congressional intelligence committees, shall develop guidelines governing the scope of the briefings provided under subsection (a).

Sec. 2507 Briefing on FBI offering permanent residence to sources and cooperators

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:
(1)
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 (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.
(2)
An overview of the policies and operational practices of the Bureau with respect to making such offers.
(3)
The sufficiency of such policies and practices with respect to inducing individuals to cooperate with, serve as sources for such investigations, or both.
(4)
Whether the Director recommends any legislative actions to improve such policies and practices, particularly with respect to the counterintelligence efforts of the Bureau.

Sec. 2508 Technical and clerical amendments to the National Security Act of 1947

(a)
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—
(1)
by inserting after the item relating to section 2 the following new item:
(2)
by striking the item relating to section 107;
(3)
by striking the item relating to section 113B and inserting the following new item:
(4)
by striking the items relating to sections 202, 203, 204, 208, 209, 210, 211, 212, 213, and 214; and
(5)
by inserting after the item relating to section 311 the following new item:
(b)
Other technical corrections— Such Act is further amended—
(1)
in section 102A—
(A)
in subparagraph (G) of paragraph (1) of subsection (g), by moving the margins of such subparagraph 2 ems to the left; and
(B)
in paragraph (3) of subsection (v), by moving the margins of such paragraph 2 ems to the left;
(2)
in section 106—
(A)
by inserting “Sec. 106” before “(a)”; and
(B)
in subparagraph (I) of paragraph (2) of subsection (b), by moving the margins of such subparagraph 2 ems to the left;
(3)
by striking section 107;
(4)
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”;
(5)
in section 112(c)(1), by striking “section 103(c)(7)” and inserting “section 102A(i)”;
(6)
by amending section 201 to read as follows:

“201. Department of Defense

“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.”

(7)
in section 205, by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;
(8)
in section 206, by striking “(a)”;
(9)
in section 207, by striking “(c)”;
(10)
in section 308(a), by striking “this Act” and inserting “sections 2, 101, 102, 103, and 303 of this Act”;
(11)
by redesignating section 411 as section 312;
(12)
in section 503—
(A)
in paragraph (5) of subsection (c)—
(i)
by moving the margins of such paragraph 2 ems to the left; and
(ii)
by moving the margins of subparagraph (B) of such paragraph 2 ems to the left; and
(B)
in paragraph (2) of subsection (d), by moving the margins of such paragraph 2 ems to the left; and
(13)
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. 2509 North Korea follow the money act

(a)
Assessment required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Assistant Secretary of State for Intelligence and Research and the Assistant Secretary of the Treasury for Intelligence and Analysis, shall produce an intelligence assessment of the revenue sources of the North Korean regime. Such assessment shall include revenue from the following sources:
(1)
Trade in coal, iron, and iron ore.
(2)
The provision of fishing rights to North Korean territorial waters.
(3)
Trade in gold, titanium ore, vanadium ore, copper, silver, nickel, zinc, or rare earth minerals, and other stores of value.
(4)
Trade in textiles.
(5)
Sales of conventional defense articles and services.
(6)
Sales of controlled goods, ballistic missiles, and other associated purposes.
(7)
Other types of manufacturing for export, as the Director of National Intelligence considers appropriate.
(8)
The exportation of workers from North Korea in a manner intended to generate significant revenue, directly or indirectly, for use by the government of North Korea.
(9)
The provision of non-humanitarian goods (such as food, medicine, and medical devices) and services by other countries.
(10)
The provision of services, including banking and other support, including by entities located in the Russian Federation, China, and Iran.
(11)
Online commercial activities of the Government of North Korea, including online gambling.
(12)
Criminal activities, including cyber-enabled crime and counterfeit goods.
(b)
Elements— The assessment required under subsection (a) shall include an identification of each of the following:
(1)
The sources of North Korea’s funding.
(2)
Financial and non-financial networks, including supply chain management, transportation, and facilitation, through which North Korea accesses the United States and international financial systems and repatriates and exports capital, goods, and services; and
(3)
the global financial institutions, money services business, and payment systems that assist North Korea with financial transactions.
(c)
Submittal to congress— Upon completion of the assessment required under subsection (a), the Director of National Intelligence shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a copy of such assessment.

Sec. 2510 Expansion of intelligence community recruitment efforts

In order to further increase the diversity of the intelligence community workforce, not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with heads of elements of the Intelligence Community, shall create, implement, and submit to the congressional intelligence committees a written plan to ensure that rural and underrepresented regions are more fully and consistently represented in such elements’ employment recruitment efforts. Upon receipt of the plan, the congressional committees shall have 60 days to submit comments to the Director of National Intelligence before such plan shall be implemented.

Sec. 2511 Report on Iranian support of proxy forces in Syria and Lebanon

(a)
Report required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate a report on Iranian support of proxy forces in Syria and Lebanon and the threat posed to Israel, other United States regional allies, and other specified interests of the United States as a result of such support.
(b)
Matters for inclusion— The report required under subsection (a) shall include information relating to the following matters with respect to both the strategic and tactical implications for the United States and its allies:
(1)
A description of arms or related material transferred by Iran to Hizballah since March 2011, including the number of such arms or related material and whether such transfer was by land, sea, or air, as well as financial and additional technological capabilities transferred by Iran to Hizballah.
(2)
A description of Iranian and Iranian-controlled personnel, including Hizballah, Shiite militias, and Iran’s Revolutionary Guard Corps forces, operating within Syria, including the number and geographic distribution of such personnel operating within 30 kilometers of the Israeli borders with Syria and Lebanon.
(3)
An assessment of Hizballah’s operational lessons learned based on its recent experiences in Syria.
(4)
A description of any rocket–producing facilities in Lebanon for non-state actors, including whether such facilities were assessed to be built at the direction of Hizballah leadership, Iranian leadership, or in consultation between Iranian leadership and Hizballah leadership.
(5)
An analysis of the foreign and domestic supply chains that significantly facilitate, support, or otherwise aid Hizballah’s acquisition or development of missile production facilities, including the geographic distribution of such foreign and domestic supply chains.
(6)
An assessment of the provision of goods, services, or technology transferred by Iran or its affiliates to Hizballah to indigenously manufacture or otherwise produce missiles.
(7)
An identification of foreign persons that are, based on credible information, facilitating the transfer of significant financial support or arms or related material to Hizballah.
(8)
A description of the threat posed to Israel and other United States allies in the Middle East by the transfer of arms or related material or other support offered to Hizballah and other proxies from Iran.
(c)
Form of report— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d)
Definition— In this section, the term “arms or related material” means—
(1)
nuclear, biological, chemical, or radiological weapons or materials or components of such weapons;
(2)
ballistic or cruise missile weapons or materials or components of such weapons;
(3)
destabilizing numbers and types of advanced conventional weapons;
(4)
defense articles or defense services, as those terms are defined in paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act (22 U.S.C. 2794);
(5)
defense information, as that term is defined in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); or
(6)
items designated by the President for purposes of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).

Sec. 2512 Briefing on emerging infectious disease and pandemics

(a)
Briefing— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the appropriate congressional committees a briefing on the anticipated geopolitical effects of emerging infectious disease (including deliberate, accidental, and naturally occurring infectious disease threats) and pandemics, and their implications on the national security of the United States.
(b)
Content— The briefing under subsection (a) shall assess—
(1)
the economic, social, political, and security risks, costs, and impacts of emerging infectious diseases on the United States and the international political and economic system;
(2)
the economic, social, political, and security risks, costs, and impacts of a major transnational pandemic on the United States and the international political and economic system; and
(3)
contributing trends and factor to the matters assessed under paragraphs (1) and (2).
(c)
Examination of response capacity— In examining the risks, costs, and impacts of emerging infectious disease and a possible transnational pandemic under subsection (b), the Director of National Intelligence shall also examine in the briefing under subsection (a) the response capacity within affected countries and the international system. In considering response capacity, the Director shall include—
(1)
the ability of affected nations to effectively detect and manage emerging infectious diseases and a possible transnational pandemic;
(2)
the role and capacity of international organizations and nongovernmental organizations to respond to emerging infectious disease and a possible pandemic, and their ability to coordinate with affected and donor nations; and
(3)
the effectiveness of current international frameworks, agreements, and health systems to respond to emerging infectious diseases and a possible transnational pandemic.
(d)
Form— The briefing under subsection (a) may be classified.
(e)
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
(1)
the congressional intelligence committees;
(2)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
(3)
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.

Sec. 2513 Report on establishment of Foreign Malign Influence Response Center

(a)
Report required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report on the potential establishment of a center, to be known as the “Foreign Malign Influence Response Center” that—
(1)
is comprised of analysts from all appropriate elements of the intelligence community, including elements with related diplomatic and law enforcement functions;
(2)
has access to all intelligence and other reporting acquired by the United States Government on foreign efforts to influence, through overt and covert malign activities, United States political processes and elections;
(3)
provides comprehensive assessment, and indications and warning, of such activities; and
(4)
provides for enhanced dissemination of such assessment to United States policy makers.
(b)
Contents— The Report required by subsection (a)—
(1)
shall contain, at a minimum, a discussion of the desirability of the establishment of such center and any barriers to such establishment; and
(2)
may contain any recommendations the Director determines appropriate.

Sec. 2514 Report on possible exploitation of virtual currencies by terrorist actors

(a)
Short title— This section may be cited as the “Stop Terrorist Use of Virtual Currencies Act”.
(b)
Report— Not later than one year after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of the Treasury, shall submit to Congress a report on the possible exploitation of virtual currencies by terrorist actors. Such report shall include the following elements:
(1)
An assessment of the means and methods by which international terrorist organizations and State sponsors of terrorism use virtual currencies.
(2)
An assessment of the use by terrorist organizations and State sponsors of terrorism of virtual currencies compared to the use by such organizations and States of other forms of financing to support operations, including an assessment of the collection posture of the intelligence community on the use of virtual currencies by such organizations and States.
(3)
A description of any existing legal impediments that inhibit or prevent the intelligence community from collecting information on or helping prevent the use of virtual currencies by international terrorist organizations and State sponsors of terrorism and an identification of any gaps in existing law that could be exploited for illicit funding by such organizations and States.
(c)
Form of report— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.

Sec. 2515 Report on Iranian expenditures supporting foreign military and terrorist activities

(a)
In general— Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to Congress a report describing Iranian expenditures in the previous calendar year on military and terrorist activities outside the country, including each of the following:
(1)
The amount spent in such calendar year on activities by the Islamic Revolutionary Guard Corps, including activities providing support for—
(A)
Hezbollah;
(B)
Houthi rebels in Yemen;
(C)
Hamas;
(D)
proxy forces in Iraq and Syria; or
(E)
any other entity or country the Director determines to be relevant.
(2)
The amount spent in such calendar year for ballistic missile research and testing or other activities that the Director determines are destabilizing to the Middle East region.
(b)
Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Sec. 2516 Inclusion of disciplinary actions in annual report relating to section 702

Section 707(b)(1)(G)(ii) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881f(b)(1)(G)(ii)) is amended by inserting before the semicolon the following: “, including whether disciplinary actions were taken as a result of such an incident of noncompliance and the extent of such disciplinary actions”.