Division B — Intelligence Authorization Act for Fiscal Year 2019
B Intelligence Authorization Act for Fiscal Year 2019
Sec. 202 Definitions
I Intelligence Activities
Sec. 2101 Authorization of appropriations
Sec. 2102 Classified Schedule of Authorizations
Sec. 2103 Intelligence Community Management Account
II Central Intelligence Agency Retirement and Disability System
Sec. 2201 Authorization of appropriations
III General Intelligence Community Matters
Sec. 2301 Restriction on conduct of intelligence activities
Sec. 2302 Increase in employee compensation and 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
“(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.”
“(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).”
Sec. 2304 Repeal of Joint Intelligence Community Council
Sec. 2305 Permanent enhanced procurement authority to manage supply chain risks
Sec. 2306 Intelligence community information technology environment
Sec. 2307 Development of secure cellular voice solution for intelligence community
Sec. 2308 Policy on minimum insider threat standards
Sec. 2309 Submission of intelligence community policies
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
Sec. 2402 Chief Information Officer of the Intelligence Community
B Central Intelligence Agency
Sec. 2411 CIA subsistence for personnel assigned to austere locations
“(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
“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.”
Sec. 2413 Expansion of security protective service jurisdiction of the Central Intelligence Agency
Sec. 2414 Repeal of foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency
C Office of Intelligence and Counterintelligence of Department of Energy
Sec. 2421 Consolidation of Department of Energy Offices of Intelligence and Counterintelligence
“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).”
Sec. 2422 Establishment of Energy Infrastructure Security Center
“(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
D Other elements
Sec. 2431 Collocation of certain Department of Homeland Security personnel at field locations
Sec. 2432 Framework for roles, missions, and functions of Defense Intelligence Agency
Sec. 2433 Consultation by Secretary of Defense with Director of National Intelligence for certain functions
Sec. 2434 Construction of National Security Agency East Campus Building 3
Sec. 2435 Establishment of advisory board for National Reconnaissance Office
“(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.”
V Reports and other matters
Sec. 2501 Public Interest Declassification Board
Sec. 2502 Repeal of certain reporting requirements
Sec. 2503 Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices
Sec. 2504 Reports on intelligence community loan repayment and related programs
Sec. 2505 Comptroller General of the United States report on senior executives of the Office of the Director of National Intelligence
Sec. 2506 Briefings on counterintelligence activities of the Federal Bureau of Investigation
Sec. 2507 Briefing on FBI offering permanent residence to sources and cooperators
Sec. 2508 Technical and clerical amendments to the National Security Act of 1947
“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.”