Title IV — Matters relating to elements of the intelligence community

S. 245 · 116th Congress · Jan 28, 2019 · Lineage

IV Matters relating to elements of the intelligence community

A Office of the Director of National Intelligence

Sec. 401 Authority for protection of current and former employees of the Office of the Director of National Intelligence

Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)(4)) is amended by striking “such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate;” and inserting “current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;”.

Sec. 402 Designation of the program manager-information sharing environment

(a)

Information sharing environment— Section 1016(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)) is amended—

(1)

in paragraph (1), by striking “President” and inserting “Director of National Intelligence”; and

(2)

in paragraph (2), by striking “President” both places that term appears and inserting “Director of National Intelligence”.

(b)

Program manager— Section 1016(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by striking “The individual designated as the program manager shall serve as program manager until removed from service or replaced by the President (at the President's sole discretion).” and inserting “Beginning on the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019, each individual designated as the program manager shall be appointed by the Director of National Intelligence.”.

Sec. 403 Technical modification to the executive schedule

Section 5315 of title 5, United States Code, is amended by adding at the end the following:

Sec. 404 Chief Financial Officer of the Intelligence Community

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

Sec. 405 Chief Information Officer of the Intelligence Community

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

B Central Intelligence Agency

Sec. 411 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—

(1)

in paragraph (1), by striking “(50 U.S.C. 403–4a).,” and inserting “(50 U.S.C. 403–4a),”;

(2)

in paragraph (6), by striking “and” at the end;

(3)

in paragraph (7), by striking the period at the end and inserting “; and”; and

(4)

by adding at the end the following new paragraph (8):

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

Sec. 412 Expansion of security protective service jurisdiction of the Central Intelligence Agency

Subsection (a) of section 15 of the Central Intelligence Act of 1949 (50 U.S.C. 3515(a)) is amended—

(1)

in the subsection heading, by striking “policemen” and inserting “police officers”; and

(2)

in paragraph (1)—

(A)

in subparagraph (B), by striking “500 feet;” and inserting “500 yards;”; and

(B)

in subparagraph (D), by striking “500 feet.” and inserting “500 yards.”.

Sec. 413 Repeal of foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency

(a)

Repeal of foreign language proficiency requirement— Section 104A of the National Security Act of 1947 (50 U.S.C. 3036) is amended by striking subsection (g).

(b)

Conforming repeal of report requirement— Section 611 of the Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108–487) is amended by striking subsection (c).

C Office of Intelligence and Counterintelligence of Department of Energy

Sec. 421 Consolidation of Department of Energy Offices of Intelligence and Counterintelligence

(a)

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

“215. Office of Intelligence and Counterintelligence

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

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

“(c) Director

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

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

“(d) Duties

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

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

(b)

Conforming repeal— Section 216 of the Department of Energy Organization Act (42 U.S.C. 7144c) is hereby repealed.

(c)

Clerical amendment— The table of contents at the beginning of the Department of Energy Organization Act is amended by striking the items relating to sections 215 and 216 and inserting the following new item:

Sec. 422 Establishment of Energy Infrastructure Security Center

Section 215 of the Department of Energy Organization Act (42 U.S.C. 7144b), as amended by section 421, is further amended by adding at the end the following:

“(e) Energy Infrastructure Security Center

“(1)

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

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

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

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

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

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

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

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

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

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

Sec. 423 Repeal of Department of Energy Intelligence Executive Committee and budget reporting requirement

Section 214 of the Department of Energy Organization Act (42 U.S.C. 7144a) is amended—

(1)

by striking “(a) Duty of Secretary.—”; and

(2)

by striking subsections (b) and (c).

D Other elements

Sec. 431 Plan for designation of counterintelligence component of Defense Security Service as an element of intelligence community

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, 2019. Such plan shall—

(1)

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

(2)

not address the personnel security functions of the Defense Security Service.

Sec. 432 Notice not required for private entities

Section 3553 of title 44, United States Code, is amended—

(1)

by redesignating subsection (j) as subsection (k); and

(2)

by inserting after subsection (i) the following:

“(j) Rule of construction—Nothing in this section shall be construed to require the Secretary to provide notice to any private entity before the Secretary issues a binding operational directive under subsection (b)(2).”

Sec. 433 Framework for roles, missions, and functions of Defense Intelligence Agency

(a)

In general— The Director of National Intelligence and the Secretary of Defense shall jointly establish a framework to ensure the appropriate balance of resources for the roles, missions, and functions of the Defense Intelligence Agency in its capacity as an element of the intelligence community and as a combat support agency. The framework shall include supporting processes to provide for the consistent and regular reevaluation of the responsibilities and resources of the Defense Intelligence Agency to prevent imbalanced priorities, insufficient or misaligned resources, and the unauthorized expansion of mission parameters.

(b)

Matters for inclusion— The framework required under subsection (a) shall include each of the following:

(1)

A lexicon providing for consistent definitions of relevant terms used by both the intelligence community and the Department of Defense, including each of the following:

(A)

Defense intelligence enterprise.

(B)

Enterprise manager.

(C)

Executive agent.

(D)

Function.

(E)

Functional manager.

(F)

Mission.

(G)

Mission manager.

(H)

Responsibility.

(I)

Role.

(J)

Service of common concern.

(2)

An assessment of the necessity of maintaining separate designations for the intelligence community and the Department of Defense for intelligence functional or enterprise management constructs.

(3)

A repeatable process for evaluating the addition, transfer, or elimination of defense intelligence missions, roles, and functions, currently performed or to be performed in the future by the Defense Intelligence Agency, which includes each of the following:

(A)

A justification for the addition, transfer, or elimination of a mission, role, or function.

(B)

The identification of which, if any, element of the Federal Government performs the considered mission, role, or function.

(C)

In the case of any new mission, role, or function—

(i)

an assessment of the most appropriate agency or element to perform such mission, role, or function, taking into account the resource profiles, scope of responsibilities, primary customers, and existing infrastructure necessary to support such mission, role, or function; and

(ii)

a determination of the appropriate resource profile and an identification of the projected resources needed and the proposed source of such resources over the future-years defense program, to be provided in writing to any elements of the intelligence community or the Department of Defense affected by the assumption, transfer, or elimination of any mission, role, or function.

(D)

In the case of any mission, role, or function proposed to be assumed, transferred, or eliminated, an assessment, which shall be completed jointly by the heads of each element affected by such assumption, transfer, or elimination, of the risks that would be assumed by the intelligence community and the Department if such mission, role, or function is assumed, transferred, or eliminated.

(E)

A description of how determinations are made regarding the funding of programs and activities under the National Intelligence Program and the Military Intelligence Program, including—

(i)

which programs or activities are funded under each such Program;

(ii)

which programs or activities should be jointly funded under both such Programs and how determinations are made with respect to funding allocations for such programs and activities; and

(iii)

the thresholds and process for changing a program or activity from being funded under one such Program to being funded under the other such Program.

Sec. 434 Establishment of advisory board for National Reconnaissance Office

(a)

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

“(d) Advisory board

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

“(2) Duties—The Board shall—

“(A) study matters relating to the mission of the National Reconnaissance Office, including with respect to 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

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

“(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.

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

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

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

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

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

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

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

(b)

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

Sec. 435 Collocation of certain Department of Homeland Security personnel at field locations

(a)

Identification of opportunities for collocation— Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall identify, in consultation with the Commissioner of U.S. Customs and Border Protection, the Administrator of the Transportation Security Administration, the Director of U.S. Immigration and Customs Enforcement, and the heads of such other elements of the Department of Homeland Security as the Under Secretary considers appropriate, opportunities for collocation of officers of the Office of Intelligence and Analysis in the field outside of the greater Washington, District of Columbia, area in order to support operational units from U.S. Customs and Border Protection, the Transportation Security Administration, U.S. Immigration and Customs Enforcement, and other elements of the Department of Homeland Security.

(b)

Plan for collocation— Not later than 120 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional intelligence committees a report that includes a plan for collocation as described in subsection (a).