H.R. 3494 — what changed
Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
From Reported in House to Engrossed in House. 32 sections amended and 22 added between Reported in House and Engrossed in House.
Sec. 303 Paid parental leave
Purpose— The purpose of this section is to—
help the intelligence community recruit and retain a dynamic, multi-talented, and diverse workforce capable of meeting the security goals of the United States; and
establish best practices and processes for other elements of the Federal Government seeking to pursue similar policies.
Authorization of paid parental leave for intelligence community employees—
In general— Title III of the National Security Act of 1947 (50 U.S.C. 3071 et seq.) is amended by inserting after section 304 the following:
“305. Paid parental leave
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“(a) Paid parental leave—Notwithstanding any other provision of law, a civilian employee of an element of the intelligence community shall have available a total of 12 administrative workweeks of paid parental leave in the event of the birth of a son or daughter child of the employee, or placement of a son or daughter child with the employee for adoption or foster care in order to care for such son or daughter. Such paid parental leave shall be used during the 12-month period beginning on the date of the birth or placement. Nothing in this section shall be construed to modify or otherwise affect the eligibility of an employee of an element of the intelligence community for benefits relating to leave under any other provision of law.
“(b) Treatment of parental leave request—Notwithstanding any other provision of law—
“(1) an element of the intelligence community shall accommodate an employee’s leave request under subsection (a), including a request to use such leave intermittently or to create a reduced work schedule, to the extent that the requested leave schedule does not unduly disrupt operations; and
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“(2) to the extent that an employee’s requested leave described in paragraph (1) arises out of medical necessity related to a serious health condition connected to the birth of a son or daughter, child, the employing element shall handle the scheduling consistent with the treatment of employees who are using leave under subparagraph (C) or (D) of section 6382(a)(1) of title 5, United States Code.
“(c) Rules relating to paid leave—Notwithstanding any other provision of law—
“(1) an employee may not be required to first use all or any portion of any unpaid leave available to the employee before being allowed to use the paid parental leave described in subsection (a); and
“(2) paid parental leave under subsection (a)—
“(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing element;
“(B) may not be considered to be annual or vacation leave for purposes of section 5551 or 5552 of title 5, United States Code, or for any other purpose;
“(C) if not used by the employee before the end of the 12-month period described in subsection (a) to which the leave relates, may not be available for any subsequent use and may not be converted into a cash payment;
“(D) may be granted only to the extent that the employee does not receive a total of more than 12 weeks of paid parental leave in any 12-month period beginning on the date of a birth or placement;
“(E) may not be granted—
“(i) in excess of a lifetime aggregate total of 30 administrative workweeks based on placements of a foster child for any individual employee; or
“(ii) in connection with temporary foster care placements expected to last less than 1 year;
“(F) may not be granted for a child being placed for foster care or adoption if such leave was previously granted to the same employee when the same child was placed with the employee for foster care in the past;
“(G) shall be used in increments of hours (or fractions thereof), with 12 administrative workweeks equal to 480 hours for employees with a regular full-time work schedule and converted to a proportional number of hours for employees with part-time, seasonal, or uncommon tours of duty; and
“(H) may not be used during off-season (nonpay status) periods for employees with seasonal work schedules.
“(d) Implementation plan—Not later than 1 year after the date of the enactment of this section, the Director of National Intelligence shall submit to the congressional intelligence committees an implementation plan that includes—
“(1) processes and procedures for implementing the paid parental leave policies under subsections (a) through (c);
“(2) an explanation of how the implementation of subsections (a) through (c) will be reconciled with policies of other elements of the Federal Government, including the impact on elements funded by the National Intelligence Program that are housed within agencies outside the intelligence community; and
“(3) all costs or operational expenses associated with the implementation of subsections (a) through (c).
“(e) Directive—Not later than 180 days after the Director of National Intelligence submits the implementation plan under subsection (d), the Director of National Intelligence shall issue a written directive to implement this section, which directive shall take effect on the date of issuance.
“(f) Annual report—The Director of National Intelligence shall submit to the congressional intelligence committees an annual report that—
“(1) details the number of employees of each element of the intelligence community who applied for and took paid parental leave under subsection (a) during the year covered by the report;
“(2) details the number of—
“(A) employees of each element of the intelligence community stationed abroad who applied for and took paid parental leave under subsection (a) during the year covered by the report; and
“(B) employees of each element of the intelligence community stationed abroad who applied for paid parental leave but such application was not granted because of an undue impact on operations as specified in subsection (b)(1); and
“(3) includes updates on major implementation challenges or costs associated with paid parental leave.
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“(g) Definition of son or daughter—For child—For purposes of this section, the term son “child” means a biological, adopted, or daughter has the meaning given the term in section 6381 foster child, a stepchild, a legal ward, or a child of title 5, United States Code.”a person standing in loco parentis, who is—
added “(1) under 18 years of age; or
added “(2) 18 years of age or older and incapable of self-care because of a mental or physical disability.”
Clerical amendment— The table of contents in the matter preceding section 2 of the National Security Act of 1947 (50 U.S.C. 3002) is amended by inserting after the item relating to section 304 the following:
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Applicability— Section 305 of the National Security Act of 1947, as added by subsection (b), shall apply with respect to leave taken in connection with the birth or placement of a son or daughter child that occurs on or after the date on which the Director of National Intelligence issues the written directive under subsection (e) of such section 305.
Sec. 306 Intelligence community public-private talent exchange
Policies, processes, and procedures required— Not later than 270 days after the date of the enactment of this Act, the Director of National Intelligence shall develop policies, processes, and procedures to facilitate the rotation of personnel of the intelligence community to the private sector, and personnel from the private sector to the intelligence community.
Detail authority— Under policies developed by the Director pursuant to subsection (a), pursuant to a written agreement with a private-sector organization, and with the consent of the employee, a head of an element of the intelligence community may arrange for the temporary detail of an employee of such element to such private-sector organization, or from such private-sector organization to such element under this section.
Agreements—
In general— A head of an element of the intelligence community exercising the authority of the head under subsection (a) shall provide for a written agreement among the element of the intelligence community, the private-sector organization, and the employee concerned regarding the terms and conditions of the employee’s detail under this section. The agreement—
shall require that the employee of the element, upon completion of the detail, serve in the element, or elsewhere in the civil service if approved by the head of the element, for a period that is at least equal to the length of the detail;
shall provide that if the employee of the element fails to carry out the agreement, such employee shall be liable to the United States for payment of all non-salary and benefit expenses of the detail, unless that failure was for good and sufficient reason, as determined by the head of the element;
shall contain language informing such employee of the prohibition on sharing, using, or otherwise improperly handling classified of unclassified non-public information for the benefit or advantage of the private-sector organization;
shall contain language governing the handling of classified information by such employee during the detail; and
shall contain language requiring the employee to acknowledge the obligations of the employee under section 1905 of title 18, United States Code.
Amount of liability— An amount for which an employee is liable under paragraph (1) shall be treated as a debt due the United States.
Waiver— The head of an element of the intelligence community may waive, in whole or in part, collection of a debt described in paragraph (2) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee.
Termination— A detail under this section may, at any time and for any reason, be terminated by the head of the element of the intelligence community concerned or the private-sector organization concerned.
Duration—
In general— A detail under this section shall be for a period of not less than 3 months and not more than 2 years, renewable up to a total of 3 years.
Longer periods— A detail under this section may be for a period in excess of 2 years, but not more than 3 years, if the head of the element making the detail determines that such detail is necessary to meet critical mission or program requirements.
Limitation— No employee of an element of the intelligence community may be detailed under this section for more than a total of 5 years, inclusive of all such details.
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Status of Federal employees detailed to private-sector private-Sector organizations—
In general— An employee of an element of the intelligence community who is detailed to a private-sector organization under this section shall be considered, during the period of detail, to be on a regular work assignment in the element. The written agreement established under subsection (c)(1) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee.
Requirements— In establishing a temporary detail of an employee of an element of the intelligence community to a private-sector organization, the head of the element shall—
certify that the temporary detail of such employee shall not have an adverse or negative impact on mission attainment or organizational capabilities associated with the detail; and
in the case of an element of the intelligence community in the Department of Defense, ensure that the normal duties and functions of such employees are not, as a result of and during the course of such temporary detail, performed or augmented by contractor personnel in violation of the provisions of section 2461 of title 10, United States Code.
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Terms and conditions for private-sector private-Sector employees— An employee of a private-sector organization who is detailed to an element of the intelligence community under this section—
shall continue to receive pay and benefits from the private-sector organization from which such employee is detailed and shall not receive pay or benefits from the element, except as provided in paragraph (2);
is deemed to be an employee of the element for the purposes of—
chapters 73 and 81 of title 5, United States Code;
sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code;
sections 1343, 1344, and 1349(b) of title 31, United States Code;
chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”) and any other Federal tort liability statute;
the Ethics in Government Act of 1978 (5 U.S.C. App.); and
chapter 21 of title 41, United States Code;
may perform work that is considered inherently governmental in nature only when requested in writing by the head of the element;
may not be used to circumvent any limitation or restriction on the size of the workforce of the element;
shall be subject to the same requirements applicable to an employee performing the same functions and duties proposed for performance by the private sector employee; and
in the case of an element of the intelligence community in the Department of Defense, may not be used to circumvent the provisions of section 2461 of title 10, United States Code.
Prohibition against charging certain costs to the federal government— A private-sector organization may not charge an element of the intelligence community or any other agency of the Federal Government, as direct costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee detailed to an element of the intelligence community under this section for the period of the detail and any subsequent renewal periods.
Additional administrative matters— In carrying out this section, the Director, pursuant to procedures developed under subsection (a)—
shall, to the degree practicable, ensure that small business concerns are represented with respect to details authorized by this section;
may, notwithstanding any other provision of law, establish criteria for elements of the intelligence community to use appropriated funds to reimburse small business concerns for the salaries and benefits of its employees during the periods when the small business concern agrees to detail its employees to the intelligence community under this section;
shall take into consideration the question of how details under this section might best be used to help meet the needs of the intelligence community, including with respect to the training of employees;
shall take into consideration areas of private-sector expertise that are critical to the intelligence community; and
shall establish oversight mechanisms to determine whether the public-private exchange authorized by this section improves the efficiency and effectiveness of the intelligence community.
Definitions— In this section:
Detail— The term detail means, as appropriate in the context in which such term is used—
the assignment or loan of an employee of an element of the intelligence community to a private-sector organization without a change of position from the intelligence community element that employs the individual; or
the assignment or loan of an employee of a private-sector organization to an element of the intelligence community without a change of position from the private-sector organization that employs the individual.
Private-sector organization— The term private-sector organization means—
a for-profit organization; or
a not-for-profit organization.
Small business concern— The term small business concern has the meaning given such term in section 3703(e)(2) of title 5, United States Code.
Sec. 401 Establishment of Climate Security Advisory Council
Establishment— Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by adding at the end the following new section:
“120. Climate Security Advisory Council
“(a) Establishment—The Director of National Intelligence shall establish a Climate Security Advisory Council for the purpose of—
“(1) assisting intelligence analysts of various elements of the intelligence community with respect to analysis of climate security and its impact on the areas of focus of such analysts;
“(2) facilitating coordination between the elements of the intelligence community and elements of the Federal Government that are not elements of the intelligence community in collecting data on, and conducting analysis of, climate change and climate security; and
“(3) ensuring that the intelligence community is adequately prioritizing climate change in carrying out its activities.
“(b) Composition of Council
“(1) Members—The Council shall be composed of the following individuals appointed by the Director of National Intelligence:
“(A) An appropriate official from the National Intelligence Council, who shall chair the Council.
“(B) The lead official with respect to climate and environmental security analysis from—
“(i) the Central Intelligence Agency;
“(ii) the Bureau of Intelligence and Research of the Department of State;
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“(iii) the National Geospacial-Intelligence Geospatial-Intelligence Agency;
“(iv) the Office of Intelligence and Counterintelligence of the Department of Energy;
“(v) the Office of the Under Secretary of Defense for Intelligence; and
“(vi) the Defense Intelligence Agency.
“(C) Three appropriate officials from elements of the Federal Government that are not elements of the intelligence community that are responsible for—
“(i) providing decision-makers with a predictive understanding of the climate;
“(ii) making observations of our Earth system that can be used by the public, policymakers, and to support strategic decisions; or
“(iii) coordinating Federal research and investments in understanding the forces shaping the global environment, both human and natural, and their impacts on society.
“(D) Any other officials as the Director of National Intelligence or the chair of the Council may determine appropriate.
“(2) Responsibilities of chair—The chair of the Council shall have responsibility for—
“(A) identifying agencies to supply individuals from elements of the Federal Government that are not elements of the intelligence community;
“(B) securing the permission of the relevant agency heads for the participation of such individuals on the Council; and
“(C) any other duties that the Director of National Intelligence may direct.
“(c) Duties and responsibilities of Council—The Council shall carry out the following duties and responsibilities:
“(1) To meet at least quarterly to—
“(A) exchange appropriate data between elements of the intelligence community and elements of the Federal Government that are not elements of the intelligence community;
“(B) discuss processes for the routine exchange of such data and implementation of such processes; and
“(C) prepare summaries of the business conducted at each meeting.
“(2) To assess and determine best practices with respect to the analysis of climate security, including identifying publicly available information and intelligence acquired through clandestine means that enables such analysis.
“(3) To assess and identify best practices with respect to prior efforts of the intelligence community to analyze climate security.
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“(4) To assess and describe best practices for identifying and disseminating climate security indicators and warnings;warnings.
“(5) To recommend methods of incorporating analysis of climate security and the best practices identified under paragraphs (2) through (4) into existing analytic training programs.
“(6) To consult, as appropriate, with other elements of the intelligence community that conduct analysis of climate change or climate security and elements of the Federal Government that are not elements of the intelligence community that conduct analysis of climate change or climate security, for the purpose of sharing information about ongoing efforts and avoiding duplication of existing efforts.
“(7) To work with elements of the intelligence community that conduct analysis of climate change or climate security and elements of the Federal Government that are not elements of the intelligence community that conduct analysis of climate change or climate security—
“(A) to exchange appropriate data between such elements, establish processes, procedures and practices for the routine exchange of such data, discuss the implementation of such processes; and
“(B) to enable and facilitate the sharing of findings and analysis between such elements.
“(8) To assess whether the elements of the intelligence community that conduct analysis of climate change or climate security may inform the research direction of academic work and the sponsored work of the United States Government.
“(9) At the discretion of the chair of the Council, to convene conferences of analysts and non-intelligence community personnel working on climate change or climate security on subjects that the chair shall direct.
“(d) Sunset—The Council shall terminate on the date that is 4 years after the date of the enactment of this section.
“(e) Definitions—In this section:
“(1) Climate security—The term climate security means the effects of climate change on the following:
“(A) The national security of the United States, including national security infrastructure.
“(B) Subnational, national, and regional political stability.
“(C) The security of allies and partners of the United States.
“(D) Ongoing or potential political violence, including unrest, rioting, guerrilla warfare, insurgency, terrorism, rebellion, revolution, civil war, and interstate war.
“(2) Climate intelligence indications and warnings—The term climate intelligence indications and warnings means developments relating to climate security with the potential to—
“(A) imminently and substantially alter the political stability or degree of human security in a country or region; or
“(B) imminently and substantially threaten—
“(i) the national security of the United States;
“(ii) the military, political, or economic interests of allies and partners of the United States; or
“(iii) citizens of the United States abroad.”
Clerical amendment— The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 119B the following new item:
Initial appointments— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall appoint the members of the Council under section 120 of the National Security Act of 1947, as added by subsection (a).
Sec. 402 Transfer of National Intelligence University to the Office of the Director of National Intelligence
Transfer— Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall transfer to the Director of National Intelligence the National Intelligence University, including the functions, personnel, assets, and liabilities of the University.
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Degree-granting Degree-Granting authority—
Regulations— Under regulations prescribed by the Director of National Intelligence, the President of the National Intelligence University may, upon the recommendation of the faculty of the University, confer appropriate degrees upon graduates who meet the degree requirements.
Limitation— A degree may not be conferred under this section unless—
the appropriate head of a Department of the Federal Government has recommended approval of the degree in accordance with any Federal policy applicable to the granting of academic degrees by departments and agencies of the Federal Government; and
the University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by such appropriate head of a Department.
Congressional notification requirements—
Notification— When seeking to establish degree-granting authority under this section, the Director shall submit to the congressional intelligence committees—
a copy of the self-assessment questionnaire required by the Federal policy specified in subsection (b)(2)(A); and
any subsequent recommendations and rationale of the appropriate head of a Department specified in such subsection regarding establishing such degree-granting authority.
Modification— Upon any modification or redesignation of existing degree-granting authority, the Director shall submit to the congressional intelligence committees a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation described in paragraph (1)(B) with respect to the proposed modification or redesignation.
Actions on nonaccreditation— The Director shall submit to the congressional intelligence committees a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the University to award any new or existing degree.
Conforming repeal— Effective 90 days after the date of the enactment of this Act, section 2161 of title 10, United States Code, is repealed, and the table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to such section 2161.
Sec. 403 Death benefits for survivors of Central Intelligence Agency personnel
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Sense of Congress— It is the sense of Congress that—
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officers of the Central Intelligence Agency who die during a period of assignment to a duty station in a foreign country should receive death benefits, regardless of whether the officers—
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were killed on or off duty;
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were killed due to an act of terrorism; or
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have surviving dependents;
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section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3510) has provided the Agency an appropriate authority for compensating officers who die abroad who fall into any gaps in existing death benefit regulations of the Agency, even before the clarifying amendments made by this Act;
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notwithstanding that the improved authority provided by section 11(c) of such Act (50 U.S.C. 3511(c)), as added by subsection (c) of this section, is permissive, the Director of the Agency should promptly use such authority to modify the regulations on death benefits of the Agency to implement such section 11(c);
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the Director should not modify such regulations in a manner that limits or reduces the individuals covered by such regulations as in effect on the day before the date of the enactment of this Act; and
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upon modifying such regulations, the Director should submit such regulations to the congressional intelligence committees pursuant to section 11(b) of such Act.
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Clarification of current authority— Section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3510) is amended by inserting before “rental of” the following: “payment of death benefits in cases in which the circumstances of the death of an employee of the Agency is not covered by section 11, other similar provisions of Federal law, or any regulation issued by the Director providing death benefits, but that the Director determines such payment appropriate;”.
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Improvements to benefits—
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Requirements— Section 11 of such Act (50 U.S.C. 3511) is amended by adding at the end the following new subsections:
added “(c) Payments
added “(1) In carrying out subsection (a), the Director may pay to the survivor of a deceased covered individual an amount equal to 1 year's salary at level II of the Executive Schedule under section 5313 of title 5, United States Code.
added “(2) A covered individual may designate one or more persons to receive all or a portion of the amount payable to a survivor under paragraph (1). The designation of a person to receive a portion of the amount shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the amount, if any, shall be paid in accordance with subsection (f)(2)(B).
added “(d) Exception—The Director may not make a payment under subsection (a) if the Director determines that the death was by reason of willful misconduct by the decedent.
added “(e) Finality—Any determination made by the Director under this section is final and may not be reviewed.
added “(f) Definitions—In this section:
added “(1) The term covered individual means any of the following individuals who die during a period of assignment to a duty station in a foreign country, regardless of whether the death is the result of injuries sustained while in the performance of duty:
added “(A) An employee of the Agency.
added “(B) An employee of an element of the Federal Government other than the Agency who is detailed or assigned to the Agency at the time of death.
added “(C) An individual affiliated with the Agency, as determined by the Director.
added “(2) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.
added “(3) The term survivor means, with respect to the death of a covered individual—
added “(A) a person designated by the covered individual under subsection (c)(2); or
added “(B) if a covered individual does not make such a designation—
added “(i) the surviving spouse of the covered individual, if any;
added “(ii) if there is no surviving spouse, any surviving children of the covered individual and the descendants of any deceased children by representation;
added “(iii) if there is none of the above, the surviving parents of the covered individual or the survivor of the parents.
added “(iv) if there is none of the above, the duly-appointed executor or administrator of the estate of the covered individual; or
added “(v) if there is none of the above, other next of kin of the covered individual entitled under the laws of the last State in which the covered individual was domiciled before the covered individual’s death.”
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Application— Section 11 of such Act, as amended by paragraph (1), shall apply with respect to the following:
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Deaths occurring during the period beginning on September 11, 2001, and ending on the day before the date of the enactment of this Act for which the Director of the Central Intelligence Agency has not paid a death benefit to the survivors of the decedent equal to or greater than the amount specified in subsection (c)(1) of such section 11, except that the total of any such death benefits may not exceed such amount specified in subsection (c)(1) of such section 11.
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Deaths occurring on or after the date of the enactment of this Act.
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Designations— If the Director carries out subsection (c) of section 11 of such Act, as added by paragraph (1), the Director shall—
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request all covered individuals (as defined in such section 11) to make a designation under paragraph (2) of such subsection (c); and
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ensure that any new covered individual may make such a designation at the time at which the individual becomes a covered individual.
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Briefing on provision of VA and DOD health care services to CIA officers—
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Findings— Congress finds that officers of the Central Intelligence Agency—
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serve, and have served, overseas in dangerous areas or austere environments;
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may be wounded, incur brain or psychological trauma, or suffer from other chronic injuries as a result of such service; and
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face challenges in getting the expert medical and psychological care the officers need when the officers return to the United States.
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Requirement— Not later than 180 days after the date of the enactment of this Act, the General Counsel of the Central Intelligence Agency and the Deputy Director of the Agency for Operations, in coordination with the Under Secretary of Veterans Affairs for Health and the Director of the Defense Health Agency of the Department of Defense, shall jointly provide to the appropriate congressional committees a briefing on—
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the extent to which the Director of the Agency believes that the officers of the Agency could benefit from health care services provided by the Secretary of Veterans Affairs, the Secretary of Defense, or both;
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the legal and policy constraints with respect to providing such services to such officers; and
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recommendations with respect to the legislative or regulatory actions that Congress, the Secretary of Veterans Affairs, and the Secretary of Defense could implement to facilitate the provision of such services.
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Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
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the congressional intelligence committees;
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the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and
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the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate.
Sec. 404 Foreign Threat Response Center
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Establishment— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by inserting after section 119B the following new section:
added “119C. Foreign Threat Response Center
added “(a) Establishment—There is within the Office of the Director of National Intelligence a Foreign Threat Response Center (in this section referred to as the “Center”).
added “(b) Mission—The primary missions of the Center shall be as follows:
added “(1) To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to foreign threats.
added “(2) To synchronize the efforts of the intelligence community with respect to countering foreign efforts to undermine the national security, political sovereignty, and economic activity of the United States and the allies of the United States, including by—
added “(A) ensuring that each such element is aware of and coordinating on such efforts; and
added “(B) overseeing the development and implementation of comprehensive and integrated policy responses to such efforts.
added “(3) In coordination with the relevant elements of the Department of State, the Department of Defense, the Federal Bureau of Investigation, the intelligence community, and other departments and agencies of the United States—
added “(A) to develop policy recommendations for the President to detect, deter, and respond to foreign threats, including with respect to covert activities pursuant to section 503; and
added “(B) to monitor and assess foreign efforts to carry out such threats.
added “(4) In coordination with the head of the Global Engagement Center established by section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), to examine current and emerging foreign efforts to use propaganda and information operations relating to the threats described in paragraph (1).
added “(5) To identify and close gaps across the departments and agencies of the Federal Government with respect to expertise, readiness, and planning to address foreign threats.
added “(c) Director
added “(1) Appointment—There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Director of National Intelligence, with the concurrence of the Secretary of State. The Director may not simultaneously serve in any other capacity in the executive branch.
added “(2) Reporting—The Director of the Center shall directly report to the Director of National Intelligence.
added “(3) Responsibilities—The Director of the Center shall—
added “(A) ensure that the relevant departments and agencies of the Federal Government participate in the mission of the Center, including by recruiting detailees from such departments and agencies in accordance with subsection (e)(1); and
added “(B) have primary responsibility within the United States Government, in coordination with the Director of National Intelligence, for establishing requirements for the collection of intelligence related to, or regarding, foreign threats, in accordance with applicable provisions of law and Executive orders.
added “(d) Annual reports
added “(1) In general—At the direction of the Director of National Intelligence, but not less than once each year, the Director of the Center shall submit to the appropriate congressional committees a report on foreign threats.
added “(2) Matters included—Each report under paragraph (1) shall include, with respect to the period covered by the report, a discussion of the following:
added “(A) The nature of the foreign threats.
added “(B) The ability of the United States Government to address such threats.
added “(C) The progress of the Center in achieving its missions.
added “(D) Recommendations the Director determines necessary for legislative actions to improve the ability of the Center to achieve its missions.
added “(3) Form—Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added “(e) Employees
added “(1) Detailees—Any Federal Government employee may be detailed to the Center on a reimbursable or nonreimbursable basis, and such detail shall be without interruption or loss of civil service status or privilege for a period of not more than 8 years.
added “(2) Personal service contractors—The Director of National Intelligence, in consultation with the Secretary of State, may hire United States citizens or aliens as personal services contractors for purposes of personnel resources of the Center, if—
added “(A) the Director of National Intelligence determines that existing personnel resources are insufficient;
added “(B) the period in which services are provided by a personal services contractor, including options, does not exceed 3 years, unless the Director of National Intelligence determines that exceptional circumstances justify an extension of up to 1 additional year;
added “(C) not more than 10 United States citizens or aliens are employed as personal services contractors under the authority of this paragraph at any time; and
added “(D) the authority of this paragraph is only used to obtain specialized skills or experience or to respond to urgent needs.
added “(3) Security clearances—Each employee detailed to the Center and contractor of the Center shall have the security clearance appropriate for the assigned duties of the employee or contractor.
added “(f) Board
added “(1) Establishment—There is established a Board of the Foreign Threat Response Center (in this section referred to as the “Board”).
added “(2) Functions—The Board shall conduct oversight of the Center to ensure the Center is achieving the missions of the Center. In conducting such oversight, upon a majority vote of the members of the Board, the Board may recommend to the Director of National Intelligence that the Director of the Center should be removed for failing to achieve such missions.
added “(3) Membership
added “(A) Appointment—The Board shall consist of seven members. The head of each department or agency of the Federal Government specified in subparagraph (B) shall appoint a senior official from that department or agency, who shall be a member of the Senior Executive Service, as a member.
added “(B) Departments and agencies represented—The department or agency of the Federal Government specified in this subparagraph are the following:
added “(i) The Department of State.
added “(ii) The Department of Defense.
added “(iii) The Department of Justice.
added “(iv) The Department of the Treasury.
added “(v) The Department of Homeland Security.
added “(vi) The Central Intelligence Agency.
added “(vii) The Federal Bureau of Investigation.
added “(4) Meetings—The Board shall meet not less than biannually and shall be convened by the member appointed by the Secretary of State.
added “(g) International engagement—The Director of the Center may convene biannual conferences to coordinate international efforts against foreign threats.
added “(h) Termination—The Center shall terminate on the date that is 8 years after the date of the enactment of this section.
added “(i) Definitions—In this section:
added “(1) Appropriate congressional committees—the term appropriate congressional committees means—
added “(A) the congressional intelligence committees;
added “(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
added “(C) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
added “(2) Foreign threats—The term “foreign threats” means efforts to influence, through overt or covert malign activities, the national security, political sovereignty, or economic activity of the United States or the allies of the United States, made by the government of any of the following foreign countries:
added “(A) Russia.
added “(B) Iran.
added “(C) North Korea.
added “(D) China.
added “(E) Any other foreign country that the Director determines appropriate for purposes of this section.”
added
Clerical amendment— The table of contents at the beginning of such Act is amended by inserting after the item relating to section 119B the following new item:
added
Conforming amendment— Section 507(a) of such Act (50 U.S.C. 3106) is amended by adding at the end the following new paragraph:
added “(6) An annual report submitted under section 119C(d)(1).”
Sec. 501 Annual reports on influence operations and campaigns in the United States by the Communist Party of China
Reports— Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.), as amended by section 2718, is further amended by adding at the end the following new section:
“1106. Annual reports on influence operations and campaigns in the United States by the Communist Party of China
changed
“(a) Requirement—On an annual basis, consistent with the protection of intelligence sources and methods, the Director of the National Counterintelligence and Security Center shall submit to the congressional intelligence committees committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the influence operations and campaigns in the United States conducted by the Communist Party of China.
“(b) Contents—Each report under subsection (a) shall include the following:
“(1) A description of the organization of the United Front Work Department of the People’s Republic of China, or the successors of the United Front Work Department, and the links between the United Front Work Department and the Central Committee of the Communist Party of China.
“(2) An assessment of the degree to which organizations that are associated with or receive funding from the United Front Work Department, particularly such entities operating in the United States, are formally tasked by the Chinese Communist Party or the Government of China.
“(3) A description of the efforts by the United Front Work Department and subsidiary organizations of the United Front Work Department to target, coerce, and influence foreign populations, particularly those of ethnic Chinese descent.
“(4) An assessment of attempts by the Chinese Embassy, consulates, and organizations affiliated with the Chinese Communist Party (including, at a minimum, the United Front Work Department) to influence the United States-based Chinese Student Scholar Associations.
“(5) A description of the evolution of the role of the United Front Work Department under the leadership of the President of China.
“(6) An assessment of the activities of the United Front Work Department designed to influence the opinions of elected leaders of the United States, or candidates for elections in the United States, with respect to issues of importance to the Chinese Communist Party.
“(7) A listing of all known organizations affiliated with the United Front Work Department that are operating in the United States as of the date of the report.
“(8) With respect to reports submitted after the first report, an assessment of the change in goals, tactics, techniques, and procedures of the influence operations and campaigns conducted by the Chinese Communist Party.
“(c) Coordination—In carrying out subsection (a), the Director shall coordinate with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Director of the National Security Agency, and any other relevant head of an element of the intelligence community.
“(d) Form—Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.”
Clerical amendment— The table of contents in the first section of the National Security Act of 1947, as amended by section 2718, is further amended by inserting after the item relating to section 1105 the following new item:
changed
Initial report— The Director of the National Counterintelligence and Security Center shall submit to the congressional intelligence committees committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate the first report under section 1106 of the National Security Act of 1947, as added by subsection (a), by not later than 180 days after the date of the enactment of this Act.
Sec. 502 Report on repression of ethnic Muslim minorities in the Xinjiang region of the People’s Republic of China
changed
Report— Not later than 150 days after the date of the enactment of this Act, consistent with the protection of intelligence sources and methods, the Director of National Intelligence shall submit to the congressional intelligence committees committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on activity by the People’s Republic of China to repress ethnic Muslim minorities in the Xinjiang region of China.
Contents— The report under subsection (a) shall include the following:
An assessment of the number of individuals detained in “political reeducation camps”, and the conditions in such camps for detainees, in the Xinjiang region of China, including whether detainees endure torture, forced renunciation of faith, or other mistreatment.
A description, as possible, of the geographic location of such camps.
A description, as possible, of the methods used by China to “reeducate” detainees and the elements of China responsible for such “reeducation”.
A description of any forced labor in such camps, and any labor performed in regional factories for low wages under the threat of being sent back to “political reeducation camps”.
An assessment of the level of access China grants to foreign persons observing the situation in Xinjiang and a description of measures used to impede efforts to monitor the conditions in Xinjiang.
An assessment of the surveillance, detection, and control methods used by China to target ethnic minorities, including new “high-tech” policing models and a description of any civil liberties or privacy protections provided under such models.
added
An assessment and identification of the technological and financial support provided by United States-based companies, including technological support for the development of facial recognition capabilities or technologies for digital surveillance, social control, or censorship, and financial support, including from financial institutions, investment vehicles, and pension funds, to China-based companies or Chinese government entities providing material support to the digital surveillance or repression of Uyghur and other ethnic minorities in Xinjiang by the Xinjiang authorities.
Coordination— The Director of National Intelligence shall carry out subsection (a) in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the National Geospatial-Intelligence Agency, and the head of any other agency of the Federal Government that the Director of National Intelligence determines appropriate.
Form— The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 503 Report on efforts by People’s Republic of China to influence election in Taiwan
changed
Report— Consistent with section 3(c) of the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3302(c)), and consistent with the protection of intelligence sources and methods, not later than 45 days after the date of the election for the President and Vice President of Taiwan in 2020, the Director of National Intelligence shall submit to the congressional intelligence committees committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on any—
influence operations conducted by China to interfere in or undermine such election; and
efforts by the United States to disrupt such operations.
Elements— The report under subsection (a) shall include the following:
A description of any significant efforts by the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations specified in subsection (a)(1).
A description of any efforts by the United States Government to build the capacity of Taiwan to disrupt external efforts that degrade a free and fair election process.
An assessment of whether and to what extent China conducted influence operations specified in subsection (a)(1), and, if such operations occurred—
a comprehensive list of specific governmental and nongovernmental entities of China that were involved in supporting such operations and a description of the role of each such entity; and
an identification of any tactics, techniques, and procedures used in such operations.
Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 504 Assessment of legitimate and illegitimate financial and other assets of Vladimir Putin
Sense of Congress— It is the sense of Congress that the United States should do more to expose the corruption of Vladimir Putin, whose ill-gotten wealth is perhaps the most powerful global symbol of his dishonesty and his persistent efforts to undermine the rule of law and democracy in the Russian Federation.
changed
Assessment— Not later than 180 days after the date of the enactment of this Act, consistent with the protection of intelligence sources and methods, the Director of National Intelligence shall submit to the appropriate congressional committees an assessment, based on all sources of intelligence, on the net worth and financial and other assets, legitimate as well as illegitimate, of Russian President Vladimir Putin and his family members, including—
the estimated net worth of Vladimir Putin and his family members;
a description of their legitimately and illegitimately obtained assets, including all real, personal, and intellectual property, bank or investment or similar accounts, and any other financial or business interests or holdings, including those outside of Russia;
the details of the legitimately and illegitimately obtained assets, including real, personal, and intellectual property, bank or investment or similar accounts, and any other financial or business interests or holdings, including those outside of Russia, that are owned or controlled by, accessible to, or otherwise maintained for the benefit of Vladimir Putin, including their nature, location, manner of acquisition, value, and publicly named owner (if other than Vladimir Putin);
the methods used by Vladimir Putin or others acting at his direction, with his knowledge, or for his benefit, to conceal Putin’s interest in his accounts, holdings, or other assets, including the establishment of “front” or shell companies and the use of intermediaries; and
an identification of the most significant senior Russian political figures, oligarchs, and any other persons who have engaged in activity intended to conceal the true financial condition of Vladimir Putin.
Form— The assessment required under subsection (b) shall be submitted either—
in unclassified form to the extent consistent with the protection of intelligence sources and methods, and may include a classified annex; or
simultaneously as both an unclassified version and a classified version.
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate; and
the Permanent Select Committee on Intelligence, Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.
Sec. 505 Assessments of intentions of political leadership of the Russian Federation
changed
In general— Not later than 90 days after the date of the enactment of this Act, consistent with the protection of intelligence sources and methods, the Director of National Intelligence, and the head of any element of the intelligence community that the Director determines appropriate, shall submit to the appropriate congressional committees each of the assessments described in subsection (b).
Assessments described— The assessments described in this subsection are assessments based on intelligence obtained from all sources that assess the current intentions of the political leadership of the Russian Federation with respect to the following:
Potential military action against members of the North Atlantic Treaty Organization (NATO).
Potential responses to an enlarged United States or NATO military presence in eastern Europe or to increased United States military support for allies and partners in the region, such as the provision of additional lethal military equipment to Ukraine or Georgia.
Potential actions taken for the purpose of exploiting perceived divisions among the governments of Russia’s Western adversaries.
Form— Each assessment required under subsection (a) may be submitted in classified form but shall also include an unclassified executive summary, consistent with the protection of intelligence sources and methods.
Appropriate congressional committees— In this section, the term appropriate congressional committees means—
the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives; and
the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate.
Sec. 506 Report on death of Jamal Khashoggi
changed
In general— Not later than 30 days after the date of the enactment of this Act, consistent with the protection of intelligence sources and methods, the Director of National Intelligence shall submit to the congressional intelligence committees committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the death of Jamal Khashoggi. Such report shall include identification of those who carried out, participated in, ordered, or were otherwise complicit in or responsible for the death of Jamal Khashoggi, to the extent consistent with the protection of sources and methods.
Form— The report submitted under subsection (a) shall be submitted in unclassified form.
Sec. 507 Assessments regarding the Northern Triangle and Mexico
added
added
Assessments of activities by drug trafficking organizations in the Northern Triangle and Mexico—
added
Report— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Chief of Intelligence of the Drug Enforcement Administration and the Assistant Secretary of State for Intelligence and Research, shall submit to the appropriate congressional committees a report containing an analytical assessment of the activities of drug trafficking organizations in the Northern Triangle and Mexico. Such assessment shall include, at a minimum—
added
an assessment of the effect of drug trafficking organizations on the security and economic situation in the Northern Triangle;
added
an assessment of the effect of the activities of drug trafficking organizations on the migration of persons from the Northern Triangle to the United States-Mexico border;
added
a summary of any relevant activities by elements of the intelligence community in relation to drug trafficking organizations in the Northern Triangle and Mexico;
added
a summary of key methods and routes used by drug trafficking organizations in the Northern Triangle and Mexico to the United States;
added
an assessment of the intersection between the activities of drug trafficking organizations, human traffickers and human smugglers, and other organized criminal groups in the Northern Triangle and Mexico; and
added
an assessment of the illicit funds and financial transactions that support the activities of drug trafficking organizations and connected criminal enterprises in the Northern Triangle and Mexico.
added
Form— The report required by paragraph (2) may be submitted in classified form, but if so submitted, shall contain an unclassified summary.
added
Availability— The report under paragraph (1), or the unclassified summary of the report described in paragraph (2), shall be made publicly available.
added
Assessment of human trafficking and smuggling from the Northern Triangle to the United States-Mexico border—
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis and the Assistant Secretary of State for Intelligence and Research, shall submit to the appropriate congressional committees a report containing an analytical assessment of human trafficking and human smuggling by individuals and organizations in the Northern Triangle and Mexico. Such assessment shall include, at a minimum—
added
an assessment of the effect of human trafficking and human smuggling on the security and economic situation in the Northern Triangle;
added
a summary of any relevant activities by elements of the intelligence community in relation to human trafficking and human smuggling in the Northern Triangle and Mexico;
added
an assessment of the methods and routes used by human traffickers and human smuggler organizations to move persons from the Northern Triangle to the United States-Mexico border;
added
an assessment of the intersection between the activities of human traffickers and human smugglers, drug trafficking organizations, and other organized criminal groups in the Northern Triangle and Mexico; and
added
an assessment of the illicit funds and financial transactions that support the activities of human traffickers and human smugglers and connected criminal enterprises in the Northern Triangle and Mexico.
added
Form— The report required by paragraph (1) may be submitted in classified form, but if so submitted, shall contain an unclassified summary.
added
Availability— The report under paragraph (1), or the unclassified summary of the report described in paragraph (2), shall be made publicly available.
added
Prioritization of intelligence resources for the Northern Triangle and Mexico—
added
Review of intelligence community efforts in Northern Triangle and Mexico— The Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Research, the Chief of Intelligence of the Drug Enforcement Administration, and other appropriate officials in the intelligence community, shall carry out a comprehensive review of the current intelligence collection priorities of the intelligence community for the Northern Triangle and Mexico in order to identify whether such priorities are appropriate and sufficient in light of the threat posed by the activities of drug trafficking organizations and human traffickers and human smugglers to the security of the United States and the Western Hemisphere.
added
Report and briefings—
added
Report on initial review— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive description of the results of the review required by paragraph (1), including whether the priorities described in that paragraph are appropriate and sufficient in light of the threat posed by the activities of drug trafficking organizations and human traffickers and human smugglers to the security of the United States and the Western Hemisphere. If the report concludes that such priorities are not so appropriate and sufficient, the report shall also include a description of the actions to be taken to modify such priorities in order to assure that such priorities are so appropriate and sufficient.
added
Quarterly briefings— Not later than 90 days after the date on which the report under subparagraph (A) is submitted, and every 90 days thereafter for a 5-year period, the Director of National Intelligence shall provide to the congressional intelligence committees a briefing on the intelligence community’s collection priorities and activities in the Northern Triangle and Mexico with a focus on the threat posed by the activities of drug trafficking organizations and human traffickers and human smugglers to the security of the United States and the Western Hemisphere. The first briefing under this subparagraph shall also include a description of the amount of funds expended by the intelligence community to the efforts described in paragraph (1) during each of fiscal years 2018 and 2019.
added
Form— The report and briefings required by paragraph (2) may be submitted or provided in classified form, but if so submitted or provided, shall include an unclassified summary.
added
Definitions— In this section:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Affairs, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.
added
Human trafficking— The term human trafficking has the meaning given the term severe forms of trafficking in persons by section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).
added
Northern Triangle— The term Northern Triangle means El Salvador, Guatemala, and Honduras.
Sec. 508 Sense of Congress and report on Iranian efforts in Syria
added
added
Sense of Congress— It is the sense of Congress that, regardless of the ultimate number of United States military personnel deployed to Syria, it is a vital interest of the United States to prevent the Islamic Republic of Iran, Hizbollah, and other Iranian-backed forces from establishing a strong and enduring presence in Syria that can be used to project power in the region and threaten the United States and its allies, including Israel.
added
Report—
added
Report required— Not later than 180 days after the date of enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State and the Secretary of Defense, shall submit to the appropriate congressional committees a report that assesses—
added
efforts by Iran to establish long-term influence in Syria through military, political, economic, social, and cultural means; and
added
the threat posed by such efforts to United States interests and allies.
added
Elements— The report under paragraph (1) shall include each of the following:
added
An assessment of—
added
how Iran and Iranian-backed forces, including the Islamic Revolutionary Guard Corps and Hizbollah, have provided or are currently providing manpower, training, weapons, equipment, and funding to the Syrian government led by President Bashar al-Assad;
added
the support provided by Iran and Hizbollah to Shia militias operating in Syria that are composed of domestic fighters from Syria and foreign fighters from countries like Afghanistan, Iraq, Lebanon, and Pakistan;
added
the threat posed by Iran and Iranian-backed forces to the al-Tanf garrison and to areas of northeast Syria that are currently controlled by local partner forces of the United States;
added
the degree to which efforts of the United States to sustain and strengthen Kurdish forces in Syria may undermine the influence of Iran and Iranian-backed forces in Syria;
added
how Iran and Iranian-backed forces seek to enhance the long-term influence of such entities in Syria through non-military means such as purchasing strategic real estate in Syria, constructing Shia religious centers and schools, securing loyalty from Sunni tribes in exchange for material assistance, and inducing the Assad government to open Farsi-language departments at Syrian universities; and
added
whether the prominent role of Iran in Syria, including the influence of Iran over government institutions, may increase the likelihood of the reconstitution of the Islamic State of Iraq and Syria in Syria.
added
An analysis of—
added
how Iran is working with the Russian Federation, Turkey, and other countries to increase the influence of Iran in Syria; and
added
the goals of Iran in Syria, including, but not limited to, protecting the Assad government, increasing the regional influence of Iran, threatening Israel from a more proximate location, building weapon-production facilities and other military infrastructure, and securing a land bridge to connect Iran through Iraq and Syria to the stronghold of Hizbollah in southern Lebanon.
added
A description of—
added
how the efforts of Iran to transfer advanced weapons to Hizbollah and to establish a military presence in Syria has led to direct and repeated confrontations with Israel; and
added
the intelligence and military support that the United States provides to Israel to help Israel identify and appropriately address specific threats to Israel from Iran and Iranian-backed forces in Syria.
added
Form— The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
added
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 509 Annual reports on influence operations and campaigns in the United States by the Russian Federation
added
added
Reports— Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.), as amended by section 501, is further amended by adding at the end the following new section:
added “1107. Annual reports on influence operations and campaigns in the United States by the Russian Federation
added “(a) Requirement—On an annual basis, the Director of the National Counterintelligence and Security Center shall submit to the congressional intelligence committees a report on the influence operations and campaigns in the United States conducted by the Russian Federation.
added “(b) Contents—Each report under subsection (a) shall include the following:
added “(1) A description and listing of the Russian organizations and persons involved in influence operations and campaigns operating in the United States as of the date of the report.
added “(2) An assessment of organizations that are associated with or receive funding from organizations and persons identified in paragraph (1), particularly such entities operating in the United States.
added “(3) A description of the efforts by the organizations and persons identified in paragraph (1) to target, coerce, and influence populations within the United States.
added “(4) An assessment of the activities of the organizations and persons identified in paragraph (1) designed to influence the opinions of elected leaders of the United States or candidates for election in the United States.
added “(5) With respect to reports submitted after the first report, an assessment of the change in goals, tactics, techniques, and procedures of the influence operations and campaigns conducted by the organizations and persons identified in paragraph (1).
added “(c) Coordination—In carrying out subsection (a), the Director shall coordinate with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Director of the National Security Agency, and any other relevant head of an element of the intelligence community.
added “(d) Form—Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.”
added
Clerical amendment— The table of contents in the first section of the National Security Act of 1947, as amended by section 501, is further amended by inserting after the item relating to section 1106 the following new item:
added
Initial report— The Director of the National Counterintelligence and Security Center shall submit to the congressional intelligence committees the first report under section 1107 of the National Security Act of 1947, as added by subsection (a), by not later than 180 days after the date of the enactment of this Act.
Sec. 602 Annual strategic intelligence assessment of and comprehensive report on domestic terrorism
Report required—
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter through 2025, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis shall jointly submit to the appropriate congressional committees a report on domestic terrorism containing the following:
Strategic intelligence assessment under subsection (b).
Discussion of activities under subsection (c).
Data on domestic terrorism under subsection (d).
Responsibilities—
Coordination of reports and integration of information— The Director of National Intelligence, acting through the Director of the National Counterterrorism Center, shall be the lead official for coordinating the production of and integrating terrorism information into—
each report under paragraph (1); and
each strategic intelligence assessment under subsection (b).
Information sharing— The Director of the Federal Bureau of Investigation and the Under Secretary of Homeland Security for Intelligence and Analysis shall provide to the Director of the National Counterterrorism Center all appropriate information requested by the Director of the National Counterterrorism Center to carry out this section.
Strategic intelligence assessment— The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis shall include—
in the first report under subsection (a)(1), a strategic intelligence assessment of domestic terrorism in the United States during fiscal years 2017, 2018, and 2019; and
in each subsequent report under such subsection, a strategic intelligence assessment of domestic terrorism in the United States during the prior fiscal year.
Discussion of activities— Each report under subsection (a)(1) shall discuss and compare the following:
The criteria for opening, managing, and closing domestic and international terrorism investigations by the Federal Government.
Standards and procedures for the Federal Bureau of Investigation, the Office of Intelligence and Analysis of the Department of Homeland Security, and the National Counterterrorism Center, with respect to the review, prioritization, and mitigation of domestic and international terrorism threats in the United States.
The planning, development, production, analysis, and evaluation by the United States Government of intelligence products relating to terrorism, including both raw and finished intelligence.
The sharing of information relating to domestic and international terrorism by and between—
the Federal Government;
State, local, Tribal, territorial, and foreign governments;
the appropriate congressional committees;
non-governmental organizations; and
the private sector.
The criteria and methodology used by the Federal Bureau of Investigation, the Office of Intelligence and Analysis of the Department of Homeland Security, and the National Counterterrorism Center, to identify or assign terrorism classifications to incidents of terrorism or investigations of terrorism, including—
a comparison of the criteria and methodology used with respect to domestic terrorism and international terrorism;
the identification of any changes made to investigative classifications; and
a discussion of the rationale for any changes identified under subparagraph (B).
added
Applicable Federal requirements and compliance by the Federal Government with privacy, civil rights, and civil liberties policies and protections with respect to the production of the report, including protections against the public release of names or other personally identifiable information of individuals involved in incidents, investigations, indictments, prosecutions, or convictions for which data is reported under this section.
added
Information regarding any training or resources provided by the Federal Bureau of Investigation, the Department of Homeland Security, or the National Counterterrorism Center, to assist Federal, State, local, and Tribal law enforcement agencies in understanding, detecting, deterring, and investigating acts of domestic terrorism, including the date, type, subject, and recipient agencies of such training or resources.
Data on domestic terrorism—
Data required— The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis shall include in each report under subsection (a)(1) the following data:
For each completed or attempted incident of domestic terrorism that has occurred in the United States during the applicable period—
a description of such incident;
added
the date and location of such incident;
renumbered
was (5)(2)(3)(3)
the number and type of completed and attempted Federal non-violent crimes committed during such incident;
renumbered
was (5)(2)(3)(4)
the number and type of completed and attempted Federal and State property crimes committed during such incident, including an estimate of economic damages resulting from such crimes; and
renumbered
was (5)(2)(3)(5)
the number and type of completed and attempted Federal violent crimes committed during such incident, including the number of people injured or killed as a result of such crimes.
For the applicable period—
an identification of each assessment, preliminary investigation, full investigation, and enterprise investigation with a nexus to domestic terrorism opened, pending, or closed by the Federal Bureau of Investigation;
the number of assessments or investigations identified under clause (i) associated with each domestic terrorism investigative classification (including subcategories);
the number and domestic terrorism investigative classification (including subcategories) with respect to such investigations initiated as a result of a referral or investigation by a State, local, Tribal, territorial, or foreign government of a hate crime;
the number of Federal criminal charges with a nexus to domestic terrorism, including the number of indictments and complaints associated with each domestic terrorism investigative classification (including subcategories), a summary of the allegations contained in each such indictment, the disposition of the prosecution, and, if applicable, the sentence imposed as a result of a conviction on such charges;
referrals of incidents of domestic terrorism by State, local, Tribal, or territorial governments to departments or agencies of the Federal Government for investigation or prosecution, including the number of such referrals associated with each domestic terrorism investigation classification (including any subcategories), and a summary of each such referral that includes the rationale for such referral and the disposition of the applicable Federal investigation or prosecution;
intelligence products produced by the intelligence community relating to domestic terrorism, including—
the number of such products associated with each domestic terrorism investigative classification (including any subcategories); and
with respect to the Federal Bureau of Investigation, at a minimum, all relevant data available through the Integrated Program Management Process;
changed
with respect to the National Counterterrorism Center, the number of staff (expressed in terms of full-time equivalents and positions) working on matters relating to domestic terrorism described in clauses (i) through (vi); and(vi);
with respect to the Federal Bureau of Investigation—
the number of staff (expressed in terms of full-time equivalents and positions) working on matters relating to domestic terrorism described in clauses (i) through (vi); and
changed
a summary of time utilization and recordkeeping data for personnel working on such matters, including the number or percentage of such personnel associated with each domestic terrorism investigative classification (including any subcategories) in the FBI Headquarters Operational Divisions and Field Divisions.Divisions; and
added
with respect to the Office of Intelligence and Analysis of the Department of Homeland Security, the number of staff (expressed in terms of full-time equivalents and positions) working on matters relating to domestic terrorism described in clauses (i) through (vi).
Applicable period— For purposes of this subsection, the applicable period is the following:
For the first report required under subsection (a)(1)—
with respect to the data described in paragraph (1)(A) of this subsection, the period on or after April 19, 1995; and
with respect to the data described in paragraph (1)(B) of this subsection, each of fiscal years 2017, 2018, and 2019.
For each subsequent report required under subsection (a)(1), the prior fiscal year.
Provision of other documents and materials—
In general— Together with each report under subsection (a)(1), the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis shall also submit to the appropriate congressional committees the following documents and materials:
With respect to the Federal Bureau of Investigation, at a minimum, the most recent, approved versions of—
the Attorney General’s Guidelines for Domestic FBI Operations (or any successor);
the FBI Domestic Investigations and Operations Guide (or any successor);
the FBI Counterterrorism Policy Guide (or any successor);
materials relating to terrorism within the Threat Review and Prioritization process for the headquarters and field divisions of the Federal Bureau of Investigation;
the Consolidated Strategy Guide (or any successor); and
the Field Office Strategic Plans (or any successor).
With respect to the intelligence community, each finished intelligence product described in subsection (d)(1)(B)(vi).
Nonduplication— If any documents or materials required under paragraph (1) have been previously submitted to the appropriate congressional committees under such paragraph and have not been modified since such submission, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Under Secretary of Homeland Security for Intelligence and Analysis may provide a list of such documents or materials in lieu of making the submission under paragraph (1) for those documents or materials.
Format— The information required under subsection (d) may be provided in a format that uses the marking associated with the Central Records System (or any successor system) of the Federal Bureau of Investigation.
Classification and public release— Each report under subsection (a) shall be—
unclassified, but may contain a classified annex;
changed
with respect to the unclassified portion of the report, made available on the public internet website websites of the National Counterterrorism Center in an electronic format that is fully indexed Center, Federal Bureau of Investigation, and searchable; andDepartment of Homeland Security—
added
not later than 30 days after submission to the appropriate congressional committees; and
added
in an electronic format that is fully indexed and searchable; and
with respect to a classified annex, submitted to the appropriate congressional committees in an electronic format that is fully indexed and searchable.
added
Information quality— Each report submitted under subsection (a), to the extent applicable, shall comply with the guidelines issued by the Director of the Office of Management and Budget pursuant to section 515 of title V of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763A–154).
Sec. 603 Report characterizing domestic terrorism activity within the United States
added
added
Report— Not later than 150 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis, shall submit to the congressional intelligence committees a report on domestic terrorism activity within the United States.
added
Contents— The report under subsection (a) shall include the following:
added
Activities conducted by domestic terrorist groups to restrict free speech using violence or intimidation.
added
Activities conducted by domestic terrorist groups that are dangerous to human life and are a violation of the criminal laws of the United States or of any State.
added
The prevalence of any domestic terrorist group’s activities within the United States and abroad.
added
Coordination— The Director shall carry out subsection (a) in coordination with the head of any other agency of the Federal Government that the Director determines appropriate.
added
Form— The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 701 Modification of requirements for submission to Congress of certain reports
Modification of reports relating to Guantanamo Bay—
Modification— Section 506I(b) of the National Security Act of 1947 (50 U.S.C. 3105(b)) is amended by striking “once every 6 months” and inserting “annually”.
Modification— Section 319(a) of the Supplemental Appropriations Act, 2009 (10 U.S.C. 801 note) is amended by striking “every 90 days” and inserting “annually”.
Repeal— Section 601 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31; 131 Stat. 827) is repealed.
removed
Modification to reports on violations of law or executive order— Section 511(a) of the National Security Act of 1947 (50 U.S.C. 3110(a)) is amended—
removed
by striking “The Director of National Intelligence” and inserting “The head of each element of the intelligence community”; and
removed
by striking “an element” and inserting “the element”.
renumbered
was (4)
Modification to reports on analytic integrity— Subsection (c) of section 1019 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364) is amended—
renumbered
was (4)(3)
in the heading, by striking “reports” and inserting “briefings”; and
renumbered
was (4)(4)
by striking “submit to the congressional intelligence committees, the heads of the relevant elements of the intelligence community, and the heads of analytic training departments a report containing” and inserting “provide to the congressional intelligence committees, the heads of the relevant elements of the intelligence community, and the heads of analytic training departments a briefing with”.
renumbered
was (5)
Repeal of reports relating to intelligence functions— Section 506J of the National Security Act of 1947 (50 U.S.C. 3105a) is repealed and the table of contents in the first section of such Act is amended by striking the item relating to section 506J.
renumbered
was (6)
Repeal of reports relating to Cuba— Section 108 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6038) is repealed.
added
Repeal of reports relating to entertainment industry— Section 308 of the Intelligence Authorization Act for Fiscal Year 2017 (50 U.S.C. 3332) is amended—
added
in subsection (b)(2)—
added
by striking “paragraph (1) shall—” and all that follows through “permit an element” and insert “paragraph (1) shall permit an element”;
added
by striking “approval; and” and inserting “approval.”; and
added
by striking subparagraph (B); and
added
by striking subsection (c).
removed
Repeal of reports relating to entertainment industry— Section 308 of the Intelligence Authorization Act for Fiscal Year 2017 (50 U.S.C. 3332) is amended by striking subsection (c).
Sec. 704 Study on role of retired and former personnel of intelligence community with respect to certain foreign intelligence operations
Study— The Director of National Intelligence shall conduct a study on former intelligence personnel providing covered intelligence assistance.
Elements— The study under subsection (a) shall include the following:
An identification of, and discussion of the effectiveness of, existing laws, policies, procedures, and other measures relevant to the ability of elements of the intelligence community to prevent former intelligence personnel from providing covered intelligence assistance—
without proper authorization; or
in a manner that would violate legal or policy controls if the personnel performed such assistance while working for the United States Government; and
Make recommendations for such legislative, regulatory, policy, or other changes as may be necessary to ensure that the United States consistently meets the objectives described in paragraph (1).
changed
Report and plan— Not later than 90 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees—committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives—
a report on the findings of the Director with respect to each element of the study under subsection (a); and
a plan to implement any recommendations made by the Director that the Director may implement without changes to Federal law.
Form— The report and plan under subsection (c) may be submitted in classified form.
Definitions— In this section:
Covered intelligence assistance— The term covered intelligence assistance means assistance—
provided by former intelligence personnel directly to, or for the benefit of, the government of a foreign country or indirectly to, or for the benefit of, such a government through a company or other entity; and
that relates to intelligence or law enforcement activities of a foreign country, including with respect to operations that involve abuses of human rights, violations of the laws of the United States, or infringements on the privacy rights of United States persons.
Former intelligence personnel— The term former intelligence personnel means retired or former personnel of the intelligence community, including civilian employees of elements of the intelligence community, members of the Armed Forces, and contractors of elements of the intelligence community.
Sec. 705 Report by Director of National Intelligence on fifth-generation wireless network technology
Report— 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 a report on—
changed
the threat to the national security of the United States posed by the global and regional adoption of fifth-generation wireless network (in this section referred to as “5G wireless network”) technology built by foreign companies; andcompanies;
added
the threat to the national security of the United States posed by telecommunications companies that are subject to the jurisdiction of a foreign adversary; and
renumbered
was (2)(4)
possible efforts to mitigate the threat.
Contents— The report under subsection (a) shall include—
the timeline and scale of global and regional adoption of foreign 5G wireless network technology;
changed
the implications of such global and regional adoption on the cyber and espionage threat to the United States, the interests of the United States, and the cyber and collection capabilities of the United States; andStates;
added
the threat to the national security of the United States from acquisition, importation, transfer, installation, or use of any communications technology by any person subject to the jurisdiction of the United States that involves communications technology designed, developed, manufactured or supplied by, controlled by, or subject to, the jurisdiction of a foreign adversary; and
renumbered
was (3)(5)
the effect of possible mitigation efforts, including with respect to—
renumbered
was (3)(5)(2)
a policy of the United States Government promoting the use of strong, end-to-end encryption for data transmitted over 5G wireless networks;
renumbered
was (3)(5)(3)
a policy of the United States Government promoting or funding free, open-source implementation of 5G wireless network technology;
renumbered
was (3)(5)(4)
subsidies or incentives provided by the United States Government that could be used to promote the adoption of secure 5G wireless network technology developed by companies of the United States or companies of allies of the United States; and
renumbered
was (3)(5)(5)
a strategy by the United States Government to reduce foreign influence and political pressure in international standard-setting bodies.
Form— The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 707 Establishment of deepfakes prize competition
Prize competition— Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Agency, shall carry out a program to award prizes competitively to stimulate the research, development, or commercialization of technologies to automatically detect machine-manipulated media.
Prize amount— In carrying out the program under subsection (a), the Director may award not more than a total of $5,000,000 to one or more winners of the prize competition.
Consultation— In carrying out the program under subsection (a), the Director may consult with the heads of relevant departments and agencies of the Federal Government.
changed
Machine-manipulated Machine-Manipulated media defined— In this section, the term machine-manipulated media means video, image, or audio recordings generated or substantially modified using machine-learning techniques in order to falsely depict events or events, to falsely depict the speech or conduct of an individual.individual, or to depict individuals who do not exist.
Sec. 708 Removal and neutralization of IMSI catchers
added
added
In general— The Secretary of Homeland Security, in collaboration with the Director of National Intelligence, the Chairman of the Federal Communications Commission, and the heads of such other Federal agencies as the Secretary determines appropriate, and following consultation with appropriate private entities, shall—
added
undertake an effort to remove or neutralize unauthorized IMSI catchers installed by foreign entities or that have an unknown attribution, with prioritization given to IMSI catchers identified in the National Capital Region; and
added
conduct further assessments, not less than once every 90 days, to identify new IMSI catchers for removal or neutralization.
added
IMSI catcher defined— The term “IMSI catcher” means an international mobile subscriber identity-catcher or other device used for intercepting mobile phone identifying information and location data.
Sec. 709 Plan for strengthening the supply chain intelligence function
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Director of the National Counterintelligence and Security Center, in coordination with the Director of the Defense Counterintelligence and Security Agency and other interagency partners, shall submit to Congress a plan for strengthening the supply chain intelligence function.
added
Elements— The plan submitted under subsection (a) shall address the following:
added
The appropriate workforce model, including size, mix, and seniority, from the elements of the intelligence community and other interagency partners.
added
The budgetary resources necessary to implement the plan.
added
The appropriate governance structure within the intelligence community and with interagency partners.
added
The authorities necessary to implement the plan.
Sec. 710 Securing energy infrastructure
added
added
Definitions— In this section:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the congressional intelligence committees;
added
the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate; and
added
the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives.
added
Covered entity— The term covered entity means an entity identified pursuant to section 9(a) of Executive Order No. 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to identification of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security.
added
Exploit— The term exploit means a software tool designed to take advantage of a security vulnerability.
added
Industrial control system— The term industrial control system means an operational technology used to measure, control, or manage industrial functions, and includes supervisory control and data acquisition systems, distributed control systems, and programmable logic or embedded controllers.
added
National Laboratory— The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
added
Program— The term Program means the pilot program established under subsection (b).
added
Secretary— Except as otherwise specifically provided, the term Secretary means the Secretary of Energy.
added
Security vulnerability— The term security vulnerability means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control.
added
Pilot program for securing energy infrastructure— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a 2-year control systems implementation pilot program within the National Laboratories for the purposes of—
added
partnering with covered entities in the energy sector (including critical component manufacturers in the supply chain) that voluntarily participate in the Program to identify new classes of security vulnerabilities of the covered entities; and
added
evaluating technology and standards, in partnership with covered entities, to isolate and defend industrial control systems of covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities, including—
added
analog and nondigital control systems;
added
purpose-built control systems; and
added
physical controls.
added
Working group To evaluate program standards and develop strategy—
added
Establishment— The Secretary shall establish a working group—
added
to evaluate the technology and standards used in the Program under subsection (b)(2); and
added
to develop a national cyber-informed engineering strategy to isolate and defend covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities.
added
Membership— The working group established under paragraph (1) shall be composed of not fewer than 10 members, to be appointed by the Secretary, at least 1 member of which shall represent each of the following:
added
The Department of Energy.
added
The energy industry, including electric utilities and manufacturers recommended by the Energy Sector coordinating councils.
added
added
The Department of Homeland Security; or
added
the Industrial Control Systems Cyber Emergency Response Team.
added
The North American Electric Reliability Corporation.
added
The Nuclear Regulatory Commission.
added
added
The Office of the Director of National Intelligence; or
added
the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
added
added
The Department of Defense; or
added
the Assistant Secretary of Defense for Homeland Security and America's Security Affairs.
added
A State or regional energy agency.
added
A national research body or academic institution.
added
The National Laboratories.
added
Reports on the Program—
added
Interim report— Not later than 180 days after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appropriate congressional committees an interim report that—
added
describes the results of the Program;
added
includes an analysis of the feasibility of each method studied under the Program; and
added
describes the results of the evaluations conducted by the working group established under subsection (c)(1).
added
Final report— Not later than 2 years after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appropriate congressional committees a final report that—
added
describes the results of the Program;
added
includes an analysis of the feasibility of each method studied under the Program; and
added
describes the results of the evaluations conducted by the working group established under subsection (c)(1).
added
Exemption from disclosure— Information shared by or with the Federal Government or a State, Tribal, or local government under this section—
added
shall be deemed to be voluntarily shared information;
added
shall be exempt from disclosure under section 552 of title 5, United States Code, or any provision of any State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records; and
added
shall be withheld from the public, without discretion, under section 552(b)(3) of title 5, United States Code, and any provision of any State, Tribal, or local law requiring the disclosure of information or records.
added
Protection from liability—
added
In general— A cause of action against a covered entity for engaging in the voluntary activities authorized under subsection (b)—
added
shall not lie or be maintained in any court; and
added
shall be promptly dismissed by the applicable court.
added
Voluntary activities— Nothing in this section subjects any covered entity to liability for not engaging in the voluntary activities authorized under subsection (b).
added
No new regulatory authority for Federal agencies— Nothing in this section authorizes the Secretary or the head of any other department or agency of the Federal Government to issue new regulations.
added
Authorization of appropriations—
added
Pilot Program— There is authorized to be appropriated $10,000,000 to carry out subsection (b).
added
Working Group and Report— There is authorized to be appropriated $1,500,000 to carry out subsections (c) and (d).
added
Availability— Amounts made available under paragraphs (1) and (2) shall remain available until expended.
Sec. 711 Collection, analysis, and dissemination of workforce data
added
added
Initial reporting—
added
In general— Not later than 180 days after the date of the enactment of this Act, and subject to paragraph (3), the Director of National Intelligence shall make available to the public, the appropriate congressional committees, and the workforce of the intelligence community a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the intelligence community.
added
Contents— A report made available under paragraph (1)—
added
shall include unclassified reports and barrier analyses relating to diversity and inclusion efforts;
added
shall include aggregate demographic data—
added
by segment of the workforce of the intelligence community and grade or rank;
added
relating to attrition and promotion rates;
added
that addresses the compliance of the intelligence community with validated inclusion metrics, such as the New Inclusion Quotient index score; and
added
that provides demographic comparisons to the relevant nongovernmental labor force and the relevant civilian labor force;
added
shall include an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations;
added
shall include demographic data relating to participants in professional development programs of the intelligence community and the rate of placement into senior positions for participants in such programs;
added
shall include any voluntarily collected demographic data relating to the membership of any external advisory committee or board to which individuals in senior positions in the intelligence community appoint members; and
added
may include data in proportions or percentages to account for concerns relating to the protection of classified information.
added
Updates— After making available a report under subsection (a), the Director of National Intelligence shall annually provide a report (which may be provided as part of an annual report required under another provision of law) to the workforce of the intelligence community (including senior leadership), the public, and the appropriate congressional committees that includes—
added
demographic data and information on the status of diversity and inclusion efforts of the intelligence community;
added
an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations; and
added
demographic data relating to participants in professional development programs of the intelligence community and the rate of placement into senior positions for participants in such programs.
added
Expand the collection and analysis of voluntary applicant flow data—
added
In general— The Director of National Intelligence shall develop a system to collect and analyze applicant flow data for as many positions within the intelligence community as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions.
added
Phased implementation— The collection of applicant flow data may be implemented by the Director of National Intelligence in a phased approach commensurate with the resources available to the intelligence community.
added
Identify additional categories for voluntary data collection of current employees—
added
In general— The Director of National Intelligence may submit to the Office of Management and Budget and to the appropriate congressional committees a recommendation regarding whether the intelligence community should voluntarily collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the statistical policy directive issued by the Office of Management and Budget entitled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity”.
added
Process— In making a recommendation under paragraph (1), the Director of National Intelligence shall—
added
engage in close consultation with internal stakeholders, such as employee resource or affinity groups;
added
ensure that there is clear communication with the workforce of the intelligence community—
added
to explain the purpose of the potential collection of such data; and
added
regarding legal protections relating to any anticipated use of such data; and
added
ensure adherence to relevant standards and guidance issued by the Federal Government.
added
Definitions— In this section:
added
Applicant flow data— The term applicant flow data means data that tracks the rate of applications for job positions among demographic categories.
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
added
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
added
Diversity— The term diversity means diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories.
Sec. 712 Report on best practices to protect privacy and civil liberties of Chinese Americans
added
added
Sense of Congress— It is the sense of Congress that—
added
the People’s Republic of China appears to be specifically targeting the Chinese-American community for intelligence purposes;
added
such targeting carries a substantial risk that the loyalty of such Americans may be generally questioned and lead to unacceptable stereotyping, targeting and racial profiling;
added
the United States Government has a duty to warn and protect all Americans including those of Chinese descent from these intelligence efforts by the People’s Republic of China;
added
the broad stereotyping, targeting and racial profiling of Americans of Chinese descent is contrary to the values of the United States and reinforces the flawed narrative perpetuated by the People’s Republic of China that ethnically Chinese individuals worldwide have a duty to support the People’s Republic of China; and
added
the United States efforts to combat the People’s Republic of China’s intelligence activities should actively safeguard and promote the constitutional rights of all Chinese Americans.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, acting through the Office of Civil Liberties, Privacy, and Transparency, in coordination with the civil liberties and privacy officers of the elements of the intelligence community, shall submit a report to the congressional intelligence committees containing—
added
a review of how the policies, procedures, and practices of the intelligence community that govern the intelligence activities and operations targeting the People’s Republic of China affect policies, procedures, and practices relating to the privacy and civil liberties of Americans of Chinese descent who may be targets of espionage and influence operations by China; and
added
recommendations to ensure that the privacy and civil liberties of Americans of Chinese descent are sufficiently protected.
added
Form— The report under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Sec. 713 Intelligence assessment of relationship between women and violent extremism
added
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of State, and the head of any element of the intelligence community the Director determines appropriate, shall submit to the appropriate congressional committees an intelligence assessment on the relationship between women and violent extremism and terrorism throughout the world, including an assessment of—
added
the historical trends and current state of women’s varied roles worldwide in all aspects of violent extremism and terrorism, including as recruiters, sympathizers, perpetrators, and combatants, as well as peace-builders and preventers;
added
how women’s roles in all aspects of violent extremism and terrorism are likely to change in the near- and medium-term;
added
the extent to which the unequal status of women affects the ability of armed combatants and terrorist groups to enlist or conscript women as combatants and perpetrators of violence;
added
how terrorist groups violate the rights of women and girls, including child, early, and forced marriage, abduction, sexual violence, and human trafficking, and the extent to which such violations contribute to the spread of conflict and terrorist activities; and
added
opportunities to address the security risk posed by female extremists and leverage the roles of women in counterterrorism efforts.
added
Form— The assessment required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
added
the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Armed Services, of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Armed Services, of the House of Representatives.
Sec. 714 Report on use by intelligence community of facial recognition technology
added
added
Sense of Congress— It is the sense of Congress that—
added
the use of facial recognition technology for the purpose of suppressing or burdening criticism or dissent, or for disadvantaging persons based on their ethnicity, race, gender, sexual orientation, or religion, is contrary to the values of the United States;
added
the United States Government should not engage in the sale or transfer of facial recognition technology to any country that is using such technology for the suppression of human rights; and
added
it is incumbent upon the intelligence community to develop clear policies and procedures that prevent the abuse of facial recognition technology.
added
Report required— Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the use of facial recognition technology by the intelligence community. Such report shall include each of the following:
added
An analysis of the current use of facial recognition technology by the intelligence community.
added
An analysis of the accuracy of facial recognition technology, including a discussion of the appropriate threshold for use, and data disaggregated by race, gender, ethnicity, and age.
added
Whether the Government has adequate procedures in place to audit or test technology they purchase to assess its accuracy, including on the basis of race, gender, ethnicity, and age.
added
The extent to which the intelligence community has codified policies governing the use of facial recognition technology that adequately prevent adverse impacts on privacy, civil rights, and civil liberties.
added
An analysis of the ability of the intelligence community to use facial recognition technology to identify individuals in a way that respects constitutional rights, civil rights, civil liberties, and privacy of such individuals.
added
Identification of risks and safeguards to uphold the constitutional rights, civil rights, civil liberties, and privacy of individuals, including for communities of color and religious minorities.
added
Whether such technology is deployed in public areas or on photos of public areas in a manner that could raise First Amendment concerns.
added
An identification of existing policies, procedures, or practices that permit the sharing of facial recognition data and technology with foreign governments or other non-United States Government entities.
added
An identification of measures in place to protect data security.
added
An identification of any redress procedures to address complaints in cases where the use of facial recognition resulted in harm to an individual.
added
An analysis of existing transparency, oversight, and audits of the use of facial recognition to measure the efficacy of the technology on an ongoing basis, as measured against the cost and impact on individual rights.
added
Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
added
Facial recognition data defined— In this section, the term “facial recognition data” means any unique attribute or feature of the face of an end user that is used by facial recognition technology to assign a unique, persistent identifier, or for the unique personal identification of a specific individual.
Sec. 715 Report on deepfake technology, foreign weaponization of deepfakes, and related notifications
added
added
Report on foreign weaponization of deepfakes and deepfake technology—
added
Report Required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined appropriate by the Director, shall submit to the congressional intelligence committees a report on—
added
the potential national security impacts of machine-manipulated media (commonly known as “deepfakes”); and
added
the actual or potential use of machine-manipulated media by foreign governments to spread disinformation or engage in other malign activities.
added
Matters to be included— The report under subsection (a) shall include the following:
added
An assessment of the technical capabilities of foreign governments, including foreign intelligence services, foreign government-affiliated entities, and foreign individuals, with respect to machine-manipulated media, machine-generated text, generative adversarial networks, and related machine-learning technologies, including—
added
an assessment of the technical capabilities of the People’s Republic of China and the Russian Federation with respect to the production and detection of machine-manipulated media; and
added
an annex describing those governmental elements within China and Russia known to have supported or facilitated machine-manipulated media research, development, or dissemination, as well as any civil-military fusion, private-sector, academic, or non-governmental entities which have meaningfully participated in such activities.
added
An updated assessment of how foreign governments, including foreign intelligence services, foreign government-affiliated entities, and foreign individuals, could use or are using machine-manipulated media and machine-generated text to harm the national security interests of the United States, including an assessment of the historic, current, or potential future efforts of China and Russia to use machine-manipulated media, including with respect to—
added
the overseas or domestic dissemination of misinformation;
added
the attempted discrediting of political opponents or disfavored populations; and
added
intelligence or influence operations directed against the United States, allies or partners of the United States, or other jurisdictions believed to be subject to Chinese or Russian interference.
added
An updated identification of the counter-technologies that have been or could be developed and deployed by the United States Government, or by the private sector with Government support, to deter, detect, and attribute the use of machine-manipulated media and machine-generated text by foreign governments, foreign-government affiliates, or foreign individuals, along with an analysis of the benefits, limitations and drawbacks of such identified counter-technologies, including any emerging concerns related to privacy.
added
An identification of the offices within the elements of the intelligence community that have, or should have, lead responsibility for monitoring the development of, use of, and response to machine-manipulated media and machine-generated text, including—
added
a description of the coordination of such efforts across the intelligence community;
added
a detailed description of the existing capabilities, tools, and relevant expertise of such elements to determine whether a piece of media has been machine manipulated or machine generated, including the speed at which such determination can be made, the confidence level of the element in the ability to make such a determination accurately, and how increasing volume and improved quality of machine-manipulated media or machine-generated text may negatively impact such capabilities; and
added
a detailed description of planned or ongoing research and development efforts intended to improve the ability of the intelligence community to detect machine-manipulated media and machine-generated text.
added
A description of any research and development activities carried out or under consideration to be carried out by the intelligence community, including the Intelligence Advanced Research Projects Activity, relevant to machine-manipulated media and machine-generated text detection technologies.
added
Updated recommendations regarding whether the intelligence community requires additional legal authorities, financial resources, or specialized personnel to address the national security threat posed by machine-manipulated media and machine generated text.
added
Other additional information the Director determines appropriate.
added
Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
added
Requirement for notification— The Director of National Intelligence, in cooperation with the heads of any other relevant departments or agencies of the Federal Government, shall notify the congressional intelligence committees each time the Director of National Intelligence determines—
added
there is credible information or intelligence that a foreign entity has attempted, is attempting, or will attempt to deploy machine-manipulated media or machine-generated text aimed at the elections or domestic political processes of the United States; and
added
that such intrusion or campaign can be attributed to a foreign government, a foreign government-affiliated entity, or a foreign individual.
added
Annual update— Upon submission of the report in subsection (a), on an annual basis, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined appropriate by the Director, shall submit to the congressional intelligence committees any significant updates with respect to the matters described in subsection (a).
added
Definitions—
added
Machine-generated text— The term machine-generated text means text generated using machine-learning techniques in order to resemble writing in natural language.
added
Machine-manipulated media— The term machine-manipulated media has the meaning given that term in section 707.
Sec. 716 Rule of construction with respect to certain crimes relating to terrorism
addedadded Nothing in this Act, or the amendments made by this Act, shall be construed to contradict chapter 113B of title 18, United States Code, including with respect to—
added
section 2332b (relating to acts of terrorism transcending national boundaries);
added
section 2339 (relating to harboring or concealing terrorists); and
added
section 2339A (relating to providing material support to terrorists).
Sec. 717 Report on international mobile subscriber identity-catchers and United States national security
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the heads of other agencies the Director of National Intelligence determines appropriate, shall submit to the congressional intelligence committees a report describing—
added
the threats that international mobile subscriber identity-catchers pose to national security and, specifically, the safety and security of Government personnel;
added
the prevalence of international mobile subscriber identity-catchers used by both foreign actors and domestic law enforcement within the United States;
added
actions taken by Federal agencies, as of the date of the report, to remove or neutralize international mobile subscriber identity-catchers installed by foreign entities, with a primary focus on the National Capital Region (as defined in section 2674(f) of title 10, United States Code);
added
policy recommendations for Congress to consider that would empower law enforcement and the intelligence community to counter such foreign intelligence operations while minimizing interference with legitimate domestic law enforcement operations;
added
the extent to which private entities, as well as Federal entities not primarily responsible for national security or homeland security, are able to remove, neutralize, or otherwise render ineffective international mobile subscriber identity-catchers; and
added
recommendations for new software programs, or the hardening of existing software programs, to reduce mobile phone susceptibility to international mobile subscriber identity-catchers.
added
Form— To the extent practicable, the report shall be submitted in an unclassified, law enforcement sensitive form for the purposes of distribution to other congressional committees, but may also include a classified annex.
Sec. 718 Whistleblower disclosures to Congress and committees of Congress
addedadded Section 2302 of title 5, United States Code, is amended—
added
in subsection (b)(8)(B), by inserting “Congress (including any committee of Congress),” before “the Special Counsel”; and
added
in subsection (c)(2)(C)(iii)(III), by inserting after “Congress” the following: “(including any committee of Congress)”.
Sec. 719 Report containing threat assessment on terrorist use of conventional and advanced conventional weapons
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period of 4 years, the Under Secretary of Homeland Security for Intelligence and Analysis, in coordination with the Director of the Federal Bureau of Investigation, shall develop and submit to the entities in accordance with subsection (b) a report containing a threat assessment regarding the availability of conventional weapons, including conventional weapons lacking serial numbers, and advanced conventional weapons, for use in furthering acts of terrorism, including the provision of material support or resources to a foreign terrorist organization and to individuals or groups supporting or engaging in domestic terrorism.
added
Dissemination of report— Consistent with the protection of classified and confidential unclassified information, the Under Secretary shall—
added
submit the initial report required under subsection (a) to Federal, State, local, and Tribal law enforcement officials, including officials who operate within State, local, and regional fusion centers under the Department of Homeland Security State, Local, and Regional Fusion Center Initiative established by section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h); and
added
submit each report required under subsection (a) to the appropriate congressional committees.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and
added
the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate.
added
Domestic terrorism— The term “domestic terrorism” has the meaning given that term in section 2331 of title 18, United States Code.
added
Foreign terrorist organization— The term “foreign terrorist organization” means an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
Sec. 720 Assessment of homeland security vulnerabilities associated with certain retired and former personnel of the intelligence community
added
added
Assessment required— Not later than the date that is 120 days after submission of the report required under section 704 of this Act, and annually thereafter, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, and the Director of the Defense Counterintelligence and Security Agency, shall submit to the appropriate congressional committees an assessment of the homeland security vulnerabilities associated with retired and former personnel of intelligence community providing covered intelligence assistance.
added
Form— The assessment under subsection (a) may be submitted in classified form.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the congressional intelligence committees;
added
the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Committee on Homeland Security of the House of Representatives.
added
Covered intelligence assistance— The term “covered intelligence assistance” has the meaning given that term in section 704 of this Act.
Sec. 721 Expansion of availability of financial assets of Iran to victims of terrorism
added
added
Findings— Congress makes the following findings:
added
On October 23, 1983, terrorists sponsored by the Government of Iran bombed the United States Marine barracks in Beirut, Lebanon. The terrorists killed 241 servicemen and injured scores more.
added
Those servicemen were killed or injured while on a peacekeeping mission.
added
Terrorism sponsored by the Government of Iran threatens the national security of the United States.
added
The United States has a vital interest in ensuring that members of the Armed Forces killed or injured by such terrorism, and the family members of such members, are able to seek justice.
added
Amendments— Section 502 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8772) is amended—
added
in subsection (a)(1)—
added
in subparagraph (A), by striking “in the United States” the first place it appears and inserting “by or”;
added
in subparagraph (B), by inserting “, or an asset that would be blocked if the asset were located in the United States,” after “unblocked)”; and
added
in the flush text at the end—
added
by inserting after “in aid of execution” the following: “, or to an order directing that the asset be brought to the State in which the court is located and subsequently to execution or attachment in aid of execution,”; and
added
by inserting “, without regard to concerns relating to international comity” after “resources for such an act”; and
added
in subsection (b)—
added
by striking “that are identified” and inserting the following: “that are—
added “(1) identified”
added
by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(2) identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 13 Civ. 9195 (LAP).”
added
Report—
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on threats against the United States military and defense interests, personnel, and their families, posed by organizations that are designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) with connections to the Government of Iran, as determined by the Director.
added
Form— The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 722 Report on terrorist screening database
added
added
Report— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of State shall jointly submit to the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the terrorist screening database of the Federal Bureau of Investigation.
added
Matters included— The report under subsection (a) shall identify the following:
added
Which foreign countries receive access to the terrorist screening database.
added
Which foreign countries have successfully petitioned to add individuals to the terrorist screening database.
added
What standards exist for determining which countries get access to the terrorist screening database.
added
The extent to which the human rights record of the government of a foreign country is considered in the determination to give the country access to the terrorist screening database.
added
What procedures, if any, exist to remove access to the terrorist screening database from a foreign country.
added
What procedures, if any, exist to inform an individual, or the legal counsel of an individual, of the placement of the individual on the terrorist screening database.
added
Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 723 Sense of Congress on Americans and foreign individuals who contribute to the national security of the United States who are held captive
addedadded It is the sense of Congress that the United States Government should—
added
prioritize the safety and protection for all Americans, including citizens of the United States who are wrongfully detained by foreign governments;
added
make every effort to bring these Americans back home; and
added
provide assistance to and, as appropriate, advocate on behalf of foreign individuals detained abroad who contributed directly to the national security of the United States.
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—
by amending subsection (a) to read as follows:
“(a) Special rates of pay for positions requiring expertise in science, technology, engineering, or mathematics
changed
“(1) In general—Notwithstanding part III of title 5, United States Code, the head of each element of the intelligence community may, for 1 one 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.”
by redesignating subsections (b) through (f) as subsections (c) through (g), respectively;
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).”
in subsection (c), as redesignated by paragraph (2), by striking “A minimum” and inserting “Except as provided in subsection (b), a minimum”;
in subsection (d), as redesignated by paragraph (2), by inserting “or (b)” after “by subsection (a)”; and
in subsection (g), as redesignated by paragraph (2)—
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 Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019”; and
in paragraph (2)(A), by inserting “or (b)” after “subsection (a)”.
Sec. 2306 Supply Chain and Counterintelligence Risk Management Task Force
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
The congressional intelligence committees.
The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate.
The Committee on Armed Services, the Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives.
changed
Requirement to To establish— The Director of National Intelligence shall establish a Supply Chain and Counterintelligence Risk Management Task Force to standardize information sharing between the intelligence community and the acquisition community of the United States Government with respect to the supply chain and counterintelligence risks.
Members— The Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall be composed of—
a representative of the Defense Security Service of the Department of Defense;
a representative of the General Services Administration;
a representative of the Office of Federal Procurement Policy of the Office of Management and Budget;
a representative of the Department of Homeland Security;
a representative of the Federal Bureau of Investigation;
the Director of the National Counterintelligence and Security Center; and
any other members the Director of National Intelligence determines appropriate.
Security clearances— Each member of the Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall have a security clearance at the top secret level and be able to access sensitive compartmented information.
Annual report— The Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall submit to the appropriate congressional committees an annual report that describes the activities of the Task Force during the previous year, including identification of the supply chain and counterintelligence risks shared with the acquisition community of the United States Government by the intelligence community.
Sec. 2308 Cyber protection support for the personnel of the intelligence community in positions highly vulnerable to cyber attack
Definitions— In this section:
Personal accounts— The term personal accounts means accounts for online and telecommunications services, including telephone, residential Internet access, email, text and multimedia messaging, cloud computing, social media, health care, and financial services, used by personnel of the intelligence community outside of the scope of their employment with elements of the intelligence community.
Personal technology devices— The term personal technology devices means technology devices used by personnel of the intelligence community outside of the scope of their employment with elements of the intelligence community, including networks to which such devices connect.
changed
Authority to To provide cyber protection support—
In general— Subject to a determination by the Director of National Intelligence, the Director may provide cyber protection support for the personal technology devices and personal accounts of the personnel described in paragraph (2).
At-risk personnel— The personnel described in this paragraph are personnel of the intelligence community—
who the Director determines to be highly vulnerable to cyber attacks and hostile information collection activities because of the positions occupied by such personnel in the intelligence community; and
whose personal technology devices or personal accounts are highly vulnerable to cyber attacks and hostile information collection activities.
Nature of cyber protection support— Subject to the availability of resources, the cyber protection support provided to personnel under subsection (b) may include training, advice, assistance, and other services relating to cyber attacks and hostile information collection activities.
Limitation on support— Nothing in this section shall be construed—
to encourage personnel of the intelligence community to use personal technology devices for official business; or
to authorize cyber protection support for senior intelligence community personnel using personal devices, networks, and personal accounts in an official capacity.
Report— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees a report on the provision of cyber protection support under subsection (b). The report shall include—
a description of the methodology used to make the determination under subsection (b)(2); and
guidance for the use of cyber protection support and tracking of support requests for personnel receiving cyber protection support under subsection (b).
Sec. 2312 Intelligence community information technology environment
Definitions— In this section:
Core service— The term core service means a capability that is available to multiple elements of the intelligence community and required for consistent operation of the intelligence community information technology environment.
Intelligence community information technology environment— The term intelligence community information technology environment means all of the information technology services across the intelligence community, including the data sharing and protection environment across multiple classification domains.
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 the intelligence community information technology environment, including each of the following:
Ensuring compliance with all applicable environment rules and regulations of such environment.
Ensuring measurable performance goals exist for such environment.
Documenting standards and practices of such environment.
Acting as an arbiter among elements of the intelligence community related to any disagreements arising out of the implementation of such environment.
Delegating responsibilities to the elements of the intelligence community and carrying out such other responsibilities as are necessary for the effective implementation of such environment.
Core service providers— Providers of core services shall be responsible for—
providing core 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 core services—
In general— Except as provided in subparagraph (B), each element of the intelligence community shall use core 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 executives of the intelligence community information technology environment to be responsible for—
management, financial control, and integration of such environment;
overseeing the performance of each core service, including establishing measurable service requirements and schedules;
to the degree feasible, ensuring testing of each core service of such environment, including testing by the intended users, to evaluate performance against measurable service requirements and to ensure the capability meets user requirements; and
coordinate transition or restructuring efforts of such environment, including phaseout 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 the intelligence community information technology environment.
changed
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 core service requirements, including—
key performance parameters; and
an assessment of current, measured performance.
implementation milestones for the intelligence community information technology environment, including each of the following:
A schedule for expected deliveries of core 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 core service capabilities.
Plans for the transition or restructuring necessary to incorporate core 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 systematic approach to identify core service funding requests for the intelligence community information technology environment within the proposed budget, including multiyear plans to implement the long-term roadmap required by subsection (e).
A uniform approach by which each element of the intelligence community shall identify the cost of legacy information technology or alternative capabilities where services of the intelligence community information technology environment 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 services of the intelligence community information technology environment, as well as services of such environment that have changed designations as a core service.
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 the intelligence community information technology environment as compared to the requirements in the most recently submitted security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f).
Additional notifications— The Director of National Intelligence shall provide timely notification to the congressional intelligence committees regarding any policy changes related to or affecting the intelligence community information technology environment, new initiatives or strategies related to or impacting such environment, and changes or deficiencies in the execution of the security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f).
Sunset— The section shall have no effect on or after September 30, 2024.
Sec. 2411 Central Intelligence Agency 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—
in paragraph (1), by striking “(50 U.S.C. 403–4a).,” and inserting “(50 U.S.C. 403–4a),”;
in paragraph (6), by striking “and” at the end;
in paragraph (7), by striking the period at the end and inserting “; and”; and
changed
by adding at the end the following new paragraph (8):paragraph:
“(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. 2431 Plan for designation of counterintelligence component of Defense Security Service as an element of intelligence community
changed
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and Under Secretary of Defense for Intelligence, in coordination with the Director of the National Counterintelligence and Security Center, shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a plan to designate the counterintelligence component of the Defense Security Service of the Department of Defense as an element of the intelligence community by not later than January 1, 2020. 2021. Such plan shall—
address the implications of such designation on the authorities, governance, personnel, resources, information technology, collection, analytic products, information sharing, and business processes of the Defense Security Service and the intelligence community; and
not address the personnel security functions of the Defense Security Service.
Sec. 2433 Establishment of advisory board for National Reconnaissance Office
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 promoting innovation, competition, and resilience in space, overhead reconnaissance, acquisition, and other matters; and
“(B) advise and report directly to the Director with respect to such matters.
“(3) Members
“(A) Number and appointment
changed
“(i) In general—The Board shall be composed of 5 five 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.
“(ii) Notification—Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10, United States Code) of such appointment.
changed
“(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 three 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 and significant findings 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.
“(7) Termination—The Board shall terminate on the date that is 3 years after the date of the first meeting of the Board.”
changed
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 five 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).
Sec. 2506 Information sharing with State election officials
State defined— In this section, the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
Security clearances—
In general— Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall support the Under Secretary of Homeland Security for Intelligence and Analysis, and any other official of the Department of Homeland Security designated by the Secretary of Homeland Security, in sponsoring a security clearance up to the top secret level for each eligible chief election official of a State or the District of Columbia, and additional eligible designees of such election official as appropriate, at the time that such election official assumes such position.
changed
Interim clearances— Consistent with applicable policies and directives, the Director of National Intelligence may issue interim clearances, for a period to be determined by the Director, to a chief election official as described in paragraph (1) and up to 1 one designee of such official under such paragraph.
Information sharing—
In general— The Director of National Intelligence shall assist the Under Secretary of Homeland Security for Intelligence and Analysis and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any appropriate classified information related to threats to election systems and to the integrity of the election process with chief election officials and such designees who have received a security clearance under subsection (b).
Coordination— The Under Secretary of Homeland Security for Intelligence and Analysis shall coordinate with the Director of National Intelligence and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) to facilitate the sharing of information to the affected Secretaries of State or States.
Sec. 2601 Definitions
In this title:
Appropriate congressional committees— The term appropriate congressional committees means—
the congressional intelligence committees;
the Committee on Armed Services of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Armed Services of the House of Representatives;
the Committee on Appropriations of the House of Representatives;
the Committee on Homeland Security of the House of Representatives; and
the Committee on Oversight and Reform of the House of Representatives.
changed
Appropriate industry partners— The term appropriate industry partner means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order No. 12829 (50 U.S.C. 3161 note; relating to National Industrial Security Program)) that is participating in the National Industrial Security Program established by such Executive Order.order.
changed
Continuous vetting— The term continuous vetting has the meaning given such term in Executive Order No. 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information).
changed
Council— The term Council means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive Order, order, or any successor entity.
Security Executive Agent— The term Security Executive Agent means the officer serving as the Security Executive Agent pursuant to section 803 of the National Security Act of 1947, as added by section 2605.
changed
Suitability and Credentialing Executive Agent— The term Suitability and Credentialing Executive Agent means the Director of the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent in accordance with Executive Order No. 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information), or any successor entity.
Sec. 2605 Security Executive Agent
In general— Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et seq.) is amended—
by redesignating sections 803 and 804 as sections 804 and 805, respectively; and
by inserting after section 802 the following:
“803. Security Executive Agent
“(a) In general—The Director of National Intelligence, or such other officer of the United States as the President may designate, shall serve as the Security Executive Agent for all departments and agencies of the United States.
“(b) Duties—The duties of the Security Executive Agent are as follows:
“(1) To direct the oversight of investigations, reinvestigations, adjudications, and, as applicable, polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any Federal agency.
“(2) To review the national security background investigation and adjudication programs of Federal agencies to determine whether such programs are being implemented in accordance with this section.
“(3) To develop and issue uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of investigations, polygraphs, and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position.
“(4) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to conduct investigations of persons who are proposed for access to classified information or for eligibility to hold a sensitive position to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position, as applicable.
changed “(5) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with Executive Order No. 12968 (50 U.S.C. 3161 note; relating to access to classified information).
“(6) To ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among Federal agencies, including acting as the final authority to arbitrate and resolve disputes among such agencies involving the reciprocity of investigations and adjudications of eligibility.
“(7) To execute all other duties assigned to the Security Executive Agent by law.
“(c) Authorities—The Security Executive Agent shall—
“(1) issue guidelines and instructions to the heads of Federal agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, timeliness, and security in processes relating to determinations by such agencies of eligibility for access to classified information or eligibility to hold a sensitive position, including such matters as investigations, polygraphs, adjudications, and reciprocity;
“(2) have the authority to grant exceptions to, or waivers of, national security investigative requirements, including issuing implementing or clarifying guidance, as necessary;
“(3) have the authority to assign, in whole or in part, to the head of any Federal agency (solely or jointly) any of the duties of the Security Executive Agent described in subsection (b) or the authorities described in paragraphs (1) and (2), provided that the exercise of such assigned duties or authorities is subject to the oversight of the Security Executive Agent, including such terms and conditions (including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate; and
“(4) define and set standards for continuous evaluation for continued access to classified information and for eligibility to hold a sensitive position.”
Report on recommendations for revising authorities— Not later than 30 days after the date on which the Chairman of the Council submits to the appropriate congressional committees the report required by section 2602(b)(2)(A), the Chairman shall submit to the appropriate congressional committees such recommendations as the Chairman may have for revising the authorities of the Security Executive Agent.
Conforming amendment— Section 103H(j)(4)(A) of such Act (50 U.S.C. 3033(j)(4)(A)) is amended by striking “in section 804” and inserting “in section 805”.
Clerical amendment— The table of contents in the matter preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking the items relating to sections 803 and 804 and inserting the following:
Sec. 2606 Report on unified, simplified, Governmentwide standards for positions of trust and security clearances
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Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent, in coordination with the other members of the Council, shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a report regarding the advisability and the risks, benefits, and costs to the Government and to industry of consolidating to not more than 3 three tiers for positions of trust and security clearances.
Sec. 2611 Information sharing program for positions of trust and security clearances
Program required—
In general— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall establish and implement a program to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce.
Designation— The program established under paragraph (1) shall be known as the “Trusted Information Provider Program” (in this section referred to as the “Program”).
Privacy safeguards— The Security Executive Agent and the Suitability and Credentialing Executive Agent shall ensure that the Program includes such safeguards for privacy as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate.
Provision of information to the Federal Government— The Program shall include requirements that enable investigative service providers and agencies of the Federal Government to leverage certain pre-employment information gathered during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy.
Information and records— The information and records considered under the Program shall include the following:
Date and place of birth.
Citizenship or immigration and naturalization information.
Education records.
Employment records.
Employment or social references.
Military service records.
State and local law enforcement checks.
Criminal history checks.
Financial records or information.
Foreign travel, relatives, or associations.
Social media checks.
Such other information or records as may be relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility.
Implementation plan—
In general— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of the Program.
Elements— The plan required by paragraph (1) shall include the following:
Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the Program.
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Plan for pilot program on two-way two-Way information sharing—
In general— Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the Program to include the sharing of information held by the Federal Government related to contract personnel with the security office of the employers of those contractor personnel.
Elements— The plan required by paragraph (1) shall include the following:
Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the pilot program.
Review— Not later than 1 year after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans.
Sec. 2709 Expansion of scope of committee to counter active measures and report on establishment of Foreign Malign Influence Center
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Scope of committee to To counter active measures—
In general— Section 501 of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115–31; 50 U.S.C. 3001 note) is amended—
in subsections (a) through (h)—
by inserting “, the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or other nation state” after “Russian Federation” each place it appears; and
by inserting “, China, Iran, North Korea, or other nation state” after “Russia” each place it appears; and
in the section heading, by inserting “, the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or other nation state” after “Russian Federation”.
Clerical amendment— The table of contents in section 1(b) of such Act is amended by striking the item relating to section 501 and inserting the following new item:
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Report required—on Foreign Malign Influence Response—
In general— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with such elements of the intelligence community as the Director considers relevant, shall submit to the congressional intelligence committees a report on the feasibility and advisability of establishing a center, to be known as the “Foreign Malign Influence Response Center”, that—
is comprised of analysts from all appropriate elements of the intelligence community, including elements with related diplomatic and law enforcement functions;
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;
provides comprehensive assessment, and indications and warning, of such activities; and
provides for enhanced dissemination of such assessment to United States policy makers.
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Contents— The Report report required by paragraph (1) shall include the following:
A discussion of the desirability of the establishment of such center and any barriers to such establishment.
Such recommendations and other matters as the Director considers appropriate.
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Report on ability To identify foreign influence efforts—
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In general— 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 a report concerning the ability of the intelligence community to—
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identify foreign influence efforts aimed at sowing discord or interfering, or both, in the political processes of the United States; and
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report such efforts to appropriate authorities.
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Contents— The report under paragraph (1) shall include the following:
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A description of the current level of ongoing communication and coordination across the intelligence community and law enforcement, including the Department of Justice, the Department of State, the Department of Homeland Security, and the Federal Bureau of Investigation, with respect to combating foreign influence efforts described in subparagraph (A) of such paragraph.
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Identification of the offices or components of the departments and agencies of the Federal Government that are tasked with any responsibility with respect to combating such foreign influence efforts.
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Identification of the number of personnel within each element of the intelligence community and other elements of the Federal Government that are focused on combating such foreign influence efforts, whether on a temporary or permanent basis.
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Identification of the legal authorities that are most relevant to combating such foreign influence efforts, including—
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which such legal authorities pose challenges or barriers to effectively combat such foreign influence efforts and a description of the reasons for such challenges or barriers; and
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which such legal authorities pose challenges or barriers with respect to elements of the intelligence community and other elements of the Federal Government working together to combat such foreign influence efforts and a description of the reasons for such challenges or barriers.
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A description of the current level of communication or engagement between the intelligence community and private internet-platforms or social media companies with respect to combating such foreign influence efforts.
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A description of the additional resources the Director determines is necessary to effectively identify such foreign influence efforts, and the roles and responsibilities across the intelligence community that would best support the shared objective of identifying such foreign influence efforts.
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Any other matters the Director determines appropriate.
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Form— The report under paragraph (1) may be submitted in classified form.
Sec. 2722 Reports on global water insecurity and national security implications and briefing on emerging infectious disease and pandemics
Reports on global water insecurity and national security implications—
Reports required— Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 5 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the implications of water insecurity on the national security interest of the United States, including consideration of social, economic, agricultural, and environmental factors.
Assessment scope and focus— Each report submitted under paragraph (1) shall include an assessment of water insecurity described in such subsection with a global scope, but focus on areas of the world—
of strategic, economic, or humanitarian interest to the United States—
that are, as of the date of the report, at the greatest risk of instability, conflict, human insecurity, or mass displacement; or
where challenges relating to water insecurity are likely to emerge and become significant during the 5-year or the 20-year period beginning on the date of the report; and
where challenges relating to water insecurity are likely to imperil the national security interests of the United States or allies of the United States.
Consultation— In researching a report required by paragraph (1), the Director shall consult with—
such stakeholders within the intelligence community, the Department of Defense, and the Department of State as the Director considers appropriate; and
such additional Federal agencies and persons in the private sector as the Director considers appropriate.
Form— Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Briefing on emerging infectious disease and pandemics—
Appropriate congressional committees defined— In this subsection, the term appropriate congressional committees means—
the congressional intelligence committees;
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the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives; and
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the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate.
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.
Content— The briefing under paragraph (2) shall include an assessment of—
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;
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
contributing trends and factors to the matters assessed under subparagraphs (A) and (B).
Examination of response capacity— In examining the risks, costs, and impacts of emerging infectious disease and a possible transnational pandemic under paragraph (3), the Director of National Intelligence shall also examine in the briefing under paragraph (2) the response capacity within affected countries and the international system. In considering response capacity, the Director shall include—
the ability of affected nations to effectively detect and manage emerging infectious diseases and a possible transnational pandemic;
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
the effectiveness of current international frameworks, agreements, and health systems to respond to emerging infectious diseases and a possible transnational pandemic.
Form— The briefing under paragraph (2) may be classified.
Sec. 2726 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—
Covered programs defined— In this subsection, the term covered programs means any loan repayment program, loan forgiveness program, financial counseling program, or similar program, 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.
Annual reports required— Not less frequently than once each year, the Director of National Intelligence shall 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.
Sec. 2727 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.
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).
Inspector General report— Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
by striking subsection (g); and
by redesignating subsections (h) and (i) as subsections (g) and (h), respectively.
Sec. 2731 Report on possible exploitation of virtual currencies by terrorist actors
Short title— This section may be cited as the “Stop Terrorist Use of Virtual Currencies Act”.
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Report— Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of the Treasury, Treasury and the Under Secretary of Homeland Security for Intelligence and Analysis, shall submit to Congress a report on the possible exploitation of virtual currencies by terrorist actors. Such report shall include the following elements:
An assessment of the means and methods by which international terrorist organizations and State sponsors of terrorism use virtual currencies.
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.
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.
Form of report— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
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Dissemination to State and local partners— Consistent with the protection of classified and confidential unclassified information, the Under Secretary shall share the report required by subsection (b) with State, local, and regional officials who operate within State, local, and regional fusion centers through the Department of Homeland Security State, Local, and Regional Fusion Center Initiative established in section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h).