,,ii ,calendar ,no4 #bjg #aaeth ,,congress #ast ,session ,s4 #agfa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #ah1 #bjag,mr4 ,burr1 from the ,select ,committee on ,intelligence of the ,senate1 reported1 under authority of the order of the ,senate of ,august #c1 #bjag1 the following original bill2 which was read twice and placed on the calendar ,a ,,bill ,to authorize appropriations for fiscal year #bjah for intelligence and intelligence-related activities of the ,united ,states ,government1 the ,community ,management ,account1 and the ,central ,intelligence ,agency ,retirement and ,disability ,system1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,intelligence ,authorization ,act for ,fiscal ,year #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,intelligence activities ,sec4 #aja4 ,authorization of appropriations4 ,sec4 #ajb4 ,classified ,schedule of ,authorizations4 ,sec4 #ajc4 ,personnel ceiling adjustments4 ,sec4 #ajd4 ,intelligence ,community ,management ,account4 ,,title ,,ii--,central ,intelligence ,agency retirement and disability system ,sec4 #bja4 ,authorization of appropriations4 ,,title ,,iii--,general intelligence community matters ,sec4 #cja4 ,restriction on conduct of intelligence activities4 ,sec4 #cjb4 ,increase in employee compensation and benefits authorized by law4 ,sec4 #cjc4 ,modification of special pay authority for science1 technology1 engineering1 or mathematics positions and addition of special pay authority for cyber positions4 ,sec4 #cjd4 ,director of ,national ,intelligence review of placement of positions within the intelligence community on the ,executive ,schedule4 ,sec4 #cje4 ,modification of appointment of ,chief ,information ,officer of the ,intelligence ,community4 ,sec4 #cjf4 ,supply ,chain and ,counterintelligence ,risk ,management ,task ,force4 ,sec4 #cjg4 ,inspector ,general of the ,intelligence ,community auditing authority4 ,sec4 #cjh4 ,inspectors ,general studies on classification4 ,,title ,,iv--,matters relating to elements of the intelligence community ,subtitle ,a--,office of the ,director of ,national ,intelligence ,sec4 #dja4 ,authority for the protection of current and former employees of the ,office of the ,director of ,national ,intelligence4 ,sec4 #djb4 ,information sharing with ,state election officials4 ,sec4 #djc4 ,technical modification to the ,executive ,schedule4 ,sec4 #djd4 ,modification to the designation of the program manager-information sharing environment4 ,subtitle ,b--,central ,intelligence ,agency ,sec4 #daa4 ,repeal of foreign language proficiency requirement for certain senior level positions in the ,central ,intelligence ,agency4 ,subtitle ,c--,other elements ,sec4 #dba4 ,designation of the ,counterintelligence ,directorate of the ,defense ,security ,service as an element of the intelligence community4 ,,title ,v--,securing energy infrastructure ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,definitions4 ,sec4 #ejc4 ,pilot program for securing energy infrastructure4 ,sec4 #ejd4 ,working group to evaluate program standards and develop strategy4 ,sec4 #eje4 ,reports on the ,program4 ,sec4 #ejf4 ,no new regulatory authority for ,federal agencies4 ,sec4 #ejg4 ,exemption from disclosure4 ,sec4 #ejh4 ,protection from liability4 ,sec4 #eji4 ,authorization of appropriations4 ,,title ,,vi--,reports and other matters ,sec4 #fja4 ,technical correction to ,inspector ,general study4 ,sec4 #fjb4 ,governance for security clearance1 suitability and fitness for employment1 and credentialing4 ,sec4 #fjc4 ,process for security clearances4 ,sec4 #fjd4 ,reports on the vulnerabilities equities policy and process of the ,federal ,government4 ,sec4 #fje4 ,bug bounty programs4 ,sec4 #fjf4 ,report on cyber attacks by foreign governments against ,united ,states election infrastructure4 ,sec4 #fjg4 ,review of intelligence community's posture to collect against and analyze ,russian efforts to influence the presidential election4 ,sec4 #fjh4 ,assessment of foreign intelligence threats to ,federal elections4 ,sec4 #fji4 ,strategy for countering ,russian cyber threats to ,united ,states elections4 ,sec4 #faj4 ,limitation relating to establishment or support of cyber security unit with the ,government of ,russia4 ,sec4 #faa4 ,report on returning ,russian compounds4 ,sec4 #fab4 ,intelligence community assessment on threat of ,russian money laundering to the ,united ,states4 ,sec4 #fac4 ,notification of an active measures campaign4 ,sec4 #fad4 ,notification of travel by accredited diplomatic and consular personnel of the ,russian ,federation in the ,united ,states4 ,sec4 #fae4 ,modification of certain reporting requirement on travel of foreign diplomats4 ,sec4 #faf4 ,semiannual report on referrals to ,department of ,justice by elements of the intelligence community regarding unauthorized disclosure of classified information4 ,sec4 #fag4 ,notifications of designation of an intelligence officer as a persona non grata4 ,sec4 #fah4 ,biennial report on foreign investment risks4 ,sec4 #fai4 ,report on surveillance by foreign governments against ,united ,states telecommunications networks4 ,sec4 #fbj4 ,reports on authorities of the ,chief ,intelligence ,officer of the ,department of ,homeland ,security4 ,sec4 #fba4 ,report on geospatial commercial activities for basic and applied research and development4 ,sec4 #fbb4 ,technical amendments related to the ,department of ,energy4 ,sec4 #fbc4 ,sense of ,congress on ,wiki,leaks4 #b4 ,definitions ,in this ,act3 7#a7 ,congressional intelligence committees ,the term congressional intelligence committees means-- 7,a7 the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 ,i ,intelligence activities #aja4 ,authorization of appropriations ,funds are hereby authorized to be appropriated for fiscal year #bjah for the conduct of the intelligence and intelligence-related activities of the following elements of the ,united ,states ,government3 7#a7 ,the ,office of the ,director of ,national ,intelligence4 7#b7 ,the ,central ,intelligence ,agency4 7#c7 ,the ,department of ,defense4 7#d7 ,the ,defense ,intelligence ,agency4 7#e7 ,the ,national ,security ,agency4 7#f7 ,the ,department of the ,army1 the ,department of the ,navy1 and the ,department of the ,air ,force4 7#g7 ,the ,coast ,guard4 7#h7 ,the ,department of ,state4 7#i7 ,the ,department of the ,treasury4 7#aj7 ,the ,department of ,energy4 7#aa7 ,the ,department of ,justice4 7#ab7 ,the ,federal ,bureau of ,investigation4 7#ac7 ,the ,drug ,enforcement ,administration4 7#ad7 ,the ,national ,reconnaissance ,office4 7#ae7 ,the ,national ,geospatial-,intelligence ,agency4 7#af7 ,the ,department of ,homeland ,security4 #ajb4 ,classified ,schedule of ,authorizations 7a7 ,specifications of amounts ,the amounts authorized to be appropriated under section #aja and1 subject to section #ajc1 the authorized personnel ceilings as of ,september #cj1 #bjah1 for the conduct of the intelligence activities of the elements listed in paragraphs 7#a7 through 7#af7 of section #aja1 are those specified in the classified ,schedule of ,authorizations prepared to accompany this ,act4 7b7 ,availability of classified schedule of authorizations 7#a7 ,availability ,the classified ,schedule of ,authorizations referred to in subsection 7a7 shall be made available to the ,committee on ,appropriations of the ,senate1 the ,committee on ,appropriations of the ,house of ,representatives1 and the ,president4 7#b7 ,distribution by the ,president ,subject to paragraph 7#c71 the ,president shall provide for suitable distribution of the classified ,schedule of ,authorizations referred to in subsection 7a71 or of appropriate portions of such ,schedule1 within the executive branch4 7#c7 ,limits on disclosure ,the ,president shall not publicly disclose the classified ,schedule of ,authorizations or any portion of such ,schedule except-- 7,a7 as provided in section #fja7;a7 of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#ej ,u4,s4,c4 #ccjf7;a772 7,b7 to the extent necessary to implement the budget2 or 7,c7 as otherwise required by law4 #ajc4 ,personnel ceiling adjustments 7a7 ,authority for increases ,the ,director of ,national ,intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year #bjah by the classified ,schedule of ,authorizations referred to in section #ajb7;a7 if the ,director of ,national ,intelligence determines that such action is necessary to the performance of important intelligence functions1 except that the number of personnel employed in excess of the number authorized under such section may not1 for any element of the intelligence community1 exceed-- 7#a7 #c percent of the number of civilian personnel authorized under such schedule for such element2 or 7#b7 #aj percent of the number of civilian personnel authorized under such schedule for such element for the purposes of converting the performance of any function by contractors to performance by civilian personnel4 7b7 ,treatment of certain personnel ,the ,director of ,national ,intelligence shall establish guidelines that govern1 for each element of the intelligence community1 the treatment under the personnel levels authorized under section #ajb7;a71 including any exemption from such personnel levels1 of employment or assignment in-- 7#a7 a student program1 trainee program1 or similar program2 7#b7 a reserve corps or as a reemployed annuitant2 or 7#c7 details1 joint duty1 or long-term1 full-time training4 7c7 ,notice to congressional intelligence committees ,not later than #ae days prior to the exercise of an authority described in subsection 7a71 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees-- 7#a7 a written notice of the exercise of such authority2 and 7#b7 in the case of an exercise of such authority subject to the limitation in subsection 7a77#b71 a written justification for the contractor conversion that includes a comparison of whole of government costs4 #ajd4 ,intelligence ,community ,management ,account 7a7 ,authorization of appropriations ,there is authorized to be appropriated for the ,intelligence ,community ,management ,account of the ,director of ,national ,intelligence for fiscal year #bjah the sum of #eej1bjj1jjj4 ,within such amount1 funds identified in the classified ,schedule of ,authorizations referred to in section #ajb7;a7 for advanced research and development shall remain available until ,september #cj1 #bjai4 7b7 ,authorized personnel levels ,the elements within the ,intelligence ,community ,management ,account of the ,director of ,national ,intelligence are authorized #gig positions as of ,september #cj1 #bjah4 ,personnel serving in such elements may be permanent employees of the ,office of the ,director of ,national ,intelligence or personnel detailed from other elements of the ,united ,states ,government4 7c7 ,classified authorizations 7#a7 ,authorization of appropriations ,in addition to amounts authorized to be appropriated for the ,intelligence ,community ,management ,account by subsection 7a71 there are authorized to be appropriated for the ,intelligence ,community ,management ,account for fiscal year #bjah such additional amounts as are specified in the classified ,schedule of ,authorizations referred to in section #ajb7;a74 ,such additional amounts made available for advanced research and development shall remain available until ,september #cj1 #bjai4 7#b7 ,authorization of personnel ,in addition to the personnel authorized by subsection 7b7 for elements of the ,intelligence ,community ,management ,account as of ,september #cj1 #bjah1 there are authorized such additional personnel for the ,community ,management ,account as of that date as are specified in the classified ,schedule of ,authorizations referred to in section #ajb7;a74 ,,ii ,central ,intelligence ,agency retirement and disability system #bja4 ,authorization of appropriations ,there is authorized to be appropriated for the ,central ,intelligence ,agency ,retirement and ,disability ,fund for fiscal year #bjah the sum of #ead1jjj1jjj4 ,,iii ,general intelligence community matters #cja4 ,restriction on conduct of intelligence activities ,the authorization of appropriations by this ,act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the ,constitution or the laws of the ,united ,states4 #cjb4 ,increase in employee compensation and benefits authorized by law ,appropriations authorized by this ,act for salary1 pay1 retirement1 and other benefits for ,federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law4 #cjc4 ,modification of special pay authority for science1 technology1 engineering1 or mathematics positions and addition of special pay authority for cyber positions 7a7 ,in general ,section #aac;,b of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjdi;a7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,special rates of pay for positions requiring expertise in science1 technology1 engineering1 or mathematics 7#a7 ,in general ,notwithstanding part ,,iii of title #e1 ,united ,states ,code1 the head of each element of the intelligence community may1 for #a or more categories of positions in such element that require expertise in science1 technology1 engineering1 or mathematics 7,,stem7-- 7,a7 establish higher minimum rates of pay2 and 7,b7 make corresponding increases in all rates of pay of the pay range for each grade or level1 subject to subsection 7b7 or 7c71 as applicable4 7#b7 ,treatment ,the special rate supplements resulting from the establishment of higher rates under paragraph 7#a7 shall be basic pay for the same or similar purposes as those specified in section #ecje7;j7 of title #e1 ,united ,states ,code4 2 7#b7 by striking subsection 7f72 7#c7 by redesignating subsections 7b7 through 7e7 as subsections 7c7 through 7f71 respectively2 7#d7 by inserting after subsection 7a7 the following3 7b7 ,special rates of pay for cyber positions 7#a7 ,in general ,notwithstanding subsection 7c71 the ,director of the ,national ,security ,agency may establish a special rate of pay-- 7,a7 not to exceed the rate of basic pay payable for level ,,ii of the ,executive ,schedule under section #ecac of title #e1 ,united ,states ,code1 if the ,director certifies to the ,under ,secretary of ,defense for ,intelligence1 in consultation with the ,under ,secretary of ,defense for ,personnel and ,readiness1 that the rate of pay is for positions that perform functions that execute the cyber mission of the ,agency2 or 7,b7 not to exceed the rate of basic pay payable for the ,vice ,president of the ,united ,states under section #ajd of title #c1 ,united ,states ,code1 if the ,director certifies to the ,secretary of ,defense1 by name1 individuals that have advanced skills and competencies and that perform critical functions that execute the cyber mission of the ,agency4 7#b7 ,pay limitation ,employees receiving a special rate under paragraph 7#a7 shall be subject to an aggregate pay limitation that parallels the limitation established in section #ecjg of title #e1 ,united ,states ,code1 except that-- 7,a7 any allowance1 differential1 bonus1 award1 or other similar cash payment in addition to basic pay that is authorized under title #aj1 ,united ,states ,code1 7or any other applicable law in addition to title #e of such ,code1 excluding the ,fair ,labor ,standards ,act7 shall also be counted as part of aggregate compensation2 and 7,b7 aggregate compensation may not exceed the rate established for the ,vice ,president of the ,united ,states under section #ajd of title #c1 ,united ,states ,code4 7#c7 ,limitation on number of recipients ,the number of individuals who receive basic pay established under paragraph 7#a77;,b7 may not exceed #ajj at any time4 7#d7 ,limitation on use as comparative reference ,notwithstanding any other provision of law1 special rates of pay and the limitation established under paragraph 7#a77;,b7 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 #aeii;f of title #aj1 ,united ,states ,code1 or section #bbf of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adg74 2 and 7#e7 in subsection 7c71 as redesignated by paragraph 7#c71 by striking ,a minimum and inserting ,except as provided in subsection 7b71 a minimum4 7b7 ,special rates for cyber employees under title #e ,section #ecje of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7g77#a71 by striking subsection 7h7 and inserting subsections 7h7 and 7k72 and 7#b7 by adding at the end the following subsections3 7k7 7#a7 ,notwithstanding the rate limitations set forth in subsections 7a77#a7 and 7g77#b71 the ,office of ,personnel ,management may establish under this section a rate of pay that does not exceed the rate of basic pay payable for level ,,ii of the ,executive ,schedule under section #ecac for employees in positions that perform functions that execute a cyber mission and who are certified to have specified skills and competencies4 7#b7 ,payments under subsection 7g77#a7 may not be made to an employee receiving a rate of pay established under this section and described in paragraph 7#a7 of this subsection if1 or to the extent that1 when added to basic pay otherwise payable1 such payments would cause the total to exceed the rate of basic pay payable for level ,,ii of the ,executive ,schedule under section #ecac4 7l7 ,an employee who is subject to a reduction or termination of a special rate of pay established under this section due to not maintaining a required skill or competency certification1 or due to not obtaining a revised skill or competency certification1 shall not be entitled to pay retention under section #ecfc based on any resulting reduction in pay4 4 #cjd4 ,director of ,national ,intelligence review of placement of positions within the intelligence community on the ,executive ,schedule ,the ,director of ,national ,intelligence shall conduct a review of positions within the intelligence community regarding the placement of such positions on the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code4 ,in carrying out such review1 the ,director shall determine-- 7#a7 which positions should or should not be on the ,executive ,schedule2 and 7#b7 for those positions that should be on the ,executive ,schedule1 the level of the ,executive ,schedule at which such positions should be placed4 #cje4 ,modification of appointment of ,chief ,information ,officer of the ,intelligence ,community ,section #ajc;,g7a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcb7;a77 is amended by striking ,president and inserting ,director4 #cjf4 ,supply ,chain and ,counterintelligence ,risk ,management ,task ,force 7a7 ,requirement 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 ,government of the ,united ,states with respect to the supply chain and counterintelligence risks4 7b7 ,members ,the ,supply ,chain and ,counterintelligence ,risk ,management ,task ,force shall be composed of-- 7#a7 a representative of the ,defense ,security ,service2 7#b7 a representative of the ,general ,services ,administration2 7#c7 a representative of the ,office of ,federal ,procurement ,policy of the ,office of ,management and ,budget2 and 7#d7 any other members the ,director of ,national ,intelligence determines appropriate4 7c7 ,security clearances ,each member of the ,supply ,chain and ,counterintelligence ,risk ,management ,task ,force shall have a security clearance at the ,top ,secret and ,sensitive ,compartmented ,information level4 7d7 ,annual report ,the ,supply ,chain and ,counterintelligence ,risk ,management ,task ,force shall submit to the congressional intelligence committees an annual report that describes the activities of the ,task ,force during the previous year1 including identification of the supply chain and counterintelligence risks shared with the acquisition community of the ,government of the ,united ,states by the intelligence community4 #cjg4 ,inspector ,general of the ,intelligence ,community auditing authority ,section #ajc;,h7j77#b77;,a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7;j77#b77;,a77 is amended-- 7#a7 by striking law and the policies of the ,director of ,national ,intelligence1 and inserting law12 and 7#b7 by striking ,general4 and inserting ,general and is authorized to obtain the temporary or intermittent services of experts or consultants or an organization thereof44 #cjh4 ,inspectors ,general studies on classification 7a7 ,requirement for study ,not later than ,october #a1 #bjai1 each ,inspector ,general listed in subsection 7b7 shall carry out and submit to the congressional intelligence committees a report on the following3 7#a7 ,a study of the application of classification and handling markers on a representative sample of finished reports1 including compartments4 7#b7 ,a study analyzing compliance with declassification procedures4 7#c7 ,a study on reviewing processes for identifying topics of public or historical importance that merit prioritization for a declassification review4 7b7 ,inspectors ,general ,the ,inspectors ,general listed in this subsection are as follows3 7#a7 ,the ,inspector ,general of the ,intelligence ,community4 7#b7 ,the ,inspector ,general of the ,central ,intelligence ,agency4 7#c7 ,the ,inspector ,general of the ,national ,security ,agency4 7#d7 ,the ,inspector ,general of the ,defense ,intelligence ,agency4 7#e7 ,the ,inspector ,general of the ,national ,reconnaissance ,office4 7#f7 ,the ,inspector ,general of the ,national ,geospatial-,intelligence ,agency4 ,,iv ,matters relating to elements of the intelligence community ,a ,office of the ,director of ,national ,intelligence #dja4 ,authority for the protection of current and former employees of the ,office of the ,director of ,national ,intelligence ,section #e7;a77#d7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #cejf7;a77#d77 is amended by striking such personnel of the ,office of the ,director of ,national ,intelligence as the ,director of ,national ,intelligence may designate2 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 designate24 #djb4 ,information sharing with ,state election officials 7a7 ,security clearances 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall sponsor a security clearance up to the top secret level for each eligible chief election official of a ,state or the ,district of ,columbia1 and up to one eligible designee of such an election official1 at the time that he or she assumes such position4 7#b7 ,determination of levels 7,a7 ,in general ,the ,director shall determine the level of clearances for the positions described in paragraph 7#a74 7,b7 ,interim clearances ,the ,director may issue interim clearances1 for a period to be determined by the ,director1 to a chief election official as described in paragraph 7#a7 and up to one designee of such official under such paragraph4 7b7 ,information sharing 7#a7 ,in general ,the ,director shall share 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 7a74 7#b7 ,reports ,the ,director shall transmit reports on such information sharing to the respective affected ,secretary of ,state or ,states4 7c7 ,state defined ,in this section1 the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any territory or possession of the ,united ,states4 #djc4 ,technical modification to the ,executive ,schedule ,section #ecac of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,director of the ,national ,counterintelligence and ,security ,center44 #djd4 ,modification to the designation of the program manager-information sharing environment 7a7 ,information sharing environment ,section #ajaf7;b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#f ,u4,s4,c4 #dhe7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking ,president and inserting ,director of ,national ,intelligence2 and 7#b7 in paragraph 7#b71 by striking ,president both places that term appears and inserting ,director of ,national ,intelligence4 7b7 ,program manager ,section #ajaf7;f7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#f ,u4,s4,c4 #dhe7;f77 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 7at the ,president's sole discretion74 and inserting ,beginning on the date of the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjah1 each individual designated as the program manager shall be appointed by the ,director of ,national ,intelligence44 ,b ,central ,intelligence ,agency #daa4 ,repeal of foreign language proficiency requirement for certain senior level positions in the ,central ,intelligence ,agency 7a7 ,repeal of foreign language proficiency requirement ,section #ajd;,a of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcf7 is amended by striking subsection 7g74 7b7 ,conforming repeal of report requirement ,section #faa of the ,intelligence ,authorization ,act for ,fiscal ,year #bjje 7,public ,law #ajh-dhg7 is amended by striking subsection 7c74 ,c ,other elements #dba4 ,designation of the ,counterintelligence ,directorate of the ,defense ,security ,service as an element of the intelligence community 7a7 ,designation ,paragraph 7#d7 of section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d77 is amended-- 7#a7 by redesignating subparagraphs 7,h7 through 7,l7 as subparagraphs 7,i7 through 7,m71 respectively2 and 7#b7 by inserting after subparagraph 7,g7 the following3 7,h7 ,the ,counterintelligence ,directorate of the ,defense ,security ,service of the ,department of ,defense4 4 7b7 ,application of laws1 regulations1 rules1 and policies ,beginning on the date of the enactment of this ,act1 any law1 regulation1 rule1 or policy that applies to the elements of the intelligence community1 as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #ccjc71 shall apply to the ,counterintelligence ,directorate of the ,defense ,security ,service of the ,department of ,defense4 ,v ,securing energy infrastructure #eja4 ,short title ,this title may be cited as the ,securing ,energy ,infrastructure ,act of #bjag4 #ejb4 ,definitions ,in this title3 7#a7 ,covered entity ,the term covered entity means an entity identified pursuant to section #i7;a7 of ,executive ,order #acfcf of ,february #ab1 #bjac 7#gh ,fed4 ,reg4 #aagdb7 relating to identification of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety1 economic security1 or national security4 7#b7 ,director ,except as otherwise specifically provided1 the term ,director means the ,director of ,intelligence and ,counterintelligence of the ,department of ,energy4 7#c7 ,exploit ,the term exploit means a software tool designed to take advantage of a security vulnerability4 7#d7 ,industrial control system 7,a7 ,in general ,the term industrial control system means an operational technology used to measure1 control1 or manage industrial functions4 7,b7 ,inclusions ,the term industrial control system includes supervisory control and data acquisition systems1 distributed control systems1 and programmable logic or embedded controllers4 7#e7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#f7 ,program ,the term ,program means the pilot program established under section #ejc4 7#g7 ,security vulnerability ,the term security vulnerability means any attribute of hardware1 software1 process1 or procedure that could enable or facilitate the defeat of a security control4 #ejc4 ,pilot program for securing energy infrastructure ,not later than #ahj days after the date of enactment of this title1 the ,director shall establish a #b-year control systems implementation pilot program within the ,national ,laboratories for the purposes of-- 7#a7 partnering with covered entities in the energy sector 7including critical component manufacturers in the supply chain7 that voluntarily participate in the ,program to identify new classes of security vulnerabilities of the covered entities2 and 7#b7 researching1 developing1 testing1 and implementing technology platforms and standards1 in partnership with covered entities1 to isolate and defend industrial control systems of covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities1 including-- 7,a7 analog and nondigital control systems2 7,b7 purpose-built control systems2 and 7,c7 physical controls4 #ejd4 ,working group to evaluate program standards and develop strategy 7a7 ,establishment ,the ,director shall establish a working group-- 7#a7 to evaluate the technology platforms and standards used in the ,program under section #ejc7b72 and 7#b7 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 entities4 7b7 ,membership ,the working group established under subsection 7a7 shall be composed of not fewer than #aj members1 to be appointed by the ,director1 at least #a member of which shall represent each of the following3 7#a7 ,the ,department of ,energy4 7#b7 ,the energy industry1 including electric utilities and manufacturers recommended by the ,energy ,sector coordinating councils4 7#c7 7,a7 ,the ,department of ,homeland ,security2 or 7,b7 the ,industrial ,control ,systems ,cyber ,emergency ,response ,team4 7#d7 ,the ,north ,american ,electric ,reliability ,corporation4 7#e7 ,the ,nuclear ,regulatory ,commission4 7#f7 7,a7 ,the ,office of the ,director of ,national ,intelligence2 or 7,b7 the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc774 7#g7 7,a7 ,the ,department of ,defense2 or 7,b7 the ,assistant ,secretary of ,defense for ,homeland ,security and ,america's ,security ,affairs4 7#h7 ,a ,state or regional energy agency4 7#i7 ,a national research body or academic institution4 7#aj7 ,the ,national ,laboratories4 #eje4 ,reports on the ,program 7a7 ,interim report ,not later than #ahj days after the date on which funds are first disbursed under the ,program1 the ,director shall submit to the appropriate committees of ,congress an interim report that-- 7#a7 describes the results of the ,program2 7#b7 includes an analysis of the feasibility of each method studied under the ,program2 and 7#c7 describes the results of the evaluations conducted by the working group established under section #ejd7;a74 7b7 ,final report ,not later than #b years after the date on which funds are first disbursed under the ,program1 the ,director shall submit to the appropriate committees of ,congress a final report that-- 7#a7 describes the results of the ,program2 7#b7 includes an analysis of the feasibility of each method studied under the ,program2 and 7#c7 describes the results of the evaluations conducted by the working group established under section #ejd7;a74 7c7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the congressional intelligence committees2 7#b7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#c7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #ejf4 ,no new regulatory authority for ,federal agencies ,nothing in this title authorizes the ,director or the head of any other ,federal agency to issue new regulations4 #ejg4 ,exemption from disclosure ,information shared by or with the ,federal ,government or a ,state1 tribal1 or local government under this title shall be-- 7#a7 deemed to be voluntarily shared information2 and 7#b7 exempt from disclosure under any provision of ,federal1 ,state1 tribal1 or local freedom of information law1 open government law1 open meetings law1 open records law1 sunshine law1 or similar law requiring the disclosure of information or records4 #ejh4 ,protection from liability 7a7 ,in general ,a cause of action against a covered entity for engaging in the voluntary activities authorized under section #ejc-- 7#a7 shall not lie or be maintained in any court2 and 7#b7 shall be promptly dismissed by the applicable court4 7b7 ,voluntary activities ,nothing in this title subjects any covered entity to liability for not engaging in the voluntary activities authorized under section #ejc4 #eji4 ,authorization of appropriations 7a7 ,pilot ,program ,there is authorized to be appropriated #aj1jjj1jjj to carry out section #ejc4 7b7 ,working ,group and ,report ,there is authorized to be appropriated #a1ejj1jjj to carry out sections #ejd and #eje4 7c7 ,availability ,amounts made available under subsections 7a7 and 7b7 shall remain available until expended4 ,,vi ,reports and other matters #fja4 ,technical correction to ,inspector ,general study ,section #aajja7;d7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking ,audit and inserting ,review2 7#b7 in paragraph 7#a71 by striking audit and inserting review2 and 7#c7 in paragraph 7#b71 by striking audit and inserting review4 #fjb4 ,governance for security clearance1 suitability and fitness for employment1 and credentialing 7a7 ,governance ,council for ,suitability1 ,credentialing1 and ,security 7#a7 ,establishment ,there is an interagency ,security1 ,suitability1 and ,credentialing ,council 7in this section the ,council74 ,the ,council shall be accountable to the ,president and to ,congress to achieve the goals of the executive branch vetting enterprise4 7#b7 ,membership 7,a7 ,composition ,the ,council shall be composed for the following3 7i7 ,one individual who shall be appointed by the ,director of the ,office of ,management and ,budget4 7ii7 ,the individual serving as the ,suitability ,executive ,agent and the ,credentialing ,executive ,agent pursuant to subsections 7b7 and 7c71 respectively4 7iii7 ,the individual serving as the ,security ,executive ,agent pursuant to subsection 7d77#a74 7iv7 ,the ,under ,secretary of ,defense for ,intelligence4 7v7 ,the ,director of the ,national ,background ,investigations ,bureau4 7,b7 ,chairperson ,the ,chairperson of the ,council shall be the individual appointed under subparagraph 7,a77i74 ,the ,chairperson shall have authority1 direction1 and control over the functions of the ,council4 7#c7 ,functions ,the functions of the ,council are as follows3 7,a7 ,ensuring enterprise-wide alignment of suitability1 security1 credentialing1 and as appropriate1 fitness processes4 7,b7 ,holding agencies accountable for the implementation of suitability1 security1 fitness1 and credentialing processes and procedures4 7,c7 ,defining requirements for enterprise-wide reciprocity management information technology1 and develop standards for enterprise-wide information technology4 7,d7 ,working with agencies-- 7i7 to implement continuous performance improvement programs1 policies1 and procedures2 7ii7 to establish annual goals and progress metrics2 and 7iii7 to prepare annual reports on results4 7,e7 ,ensuring and overseeing the development of tools and techniques for enhancing background investigations and adjudications4 7,f7 ,enabling discussion and consensus resolution of differences in processes1 policies1 and procedures among the members of the ,council1 and other agencies as appropriate4 7,g7 ,sharing best practices4 7,h7 ,advise the ,suitability ,executive ,agent1 the ,credentialing ,executive ,agent1 and the ,security ,executive ,agent on policies affecting the alignment of investigations and adjudications4 7,i7 ,working with agencies to develop agency policies and procedures to enable sharing of vetting information consistent with the law and the protection of privacy and civil liberties and to the extent necessary for enterprise-wide efficiency1 effectiveness1 and security4 7,j7 ,monitoring performance to identify and drive enterprise-level process enhancements1 and make recommendations for changes to executive branch-wide guidance and authorities to resolve overlaps or close policy gaps where they may exist4 7,k7 ,promoting data-driven1 transparent1 and expeditious policy-making processes4 7,l7 ,developing and continuously reevaluating and revising outcome-based metrics that measure the quality1 efficiency and effectiveness of the vetting enterprise4 7#d7 ,subordinate bodies ,the ,chairperson may establish subordinate entities1 mechanisms1 and policies to support and assist the ,council in carrying out the functions of the ,council4 7b7 ,suitability ,executive ,agent 7#a7 ,in general ,the ,director of the ,office of ,personnel ,management shall serve as the ,suitability ,executive ,agent4 7#b7 ,duties ,the duties of the ,suitability ,executive ,agent are as follows3 7,a7 ,pursuant to sections #aajc and #aajd of title #e1 ,united ,states ,code1 and the ,civil ,service ,rules1 to be responsible for suitability and fitness by-- 7i7 prescribing suitability standards and minimum standards of fitness for employment2 7ii7 prescribing position designation requirements with regard to the risk to the efficiency and integrity of the service2 7iii7 prescribing applicable investigative standards1 policies1 and procedures for suitability and fitness2 7iv7 prescribing suitability and fitness reciprocity standards2 7v7 making suitability determinations2 and 7vi7 taking suitability actions4 7,b7 ,to issue regulations1 guidance1 and standards to fulfill the ,director's responsibilities related to suitability and fitness under ,executive ,order #acdhh of ,january #af1 #bjji1 as amended4 7,c7 ,to promote reciprocal recognition of suitability or fitness determinations among the agencies1 including acting as the final authority to arbitrate and resolve disputes among the agencies involving the reciprocity of investigations and adjudications of suitability and fitness4 7,d7 ,to continue to initially approve1 and periodically review for renewal1 agencies' requests to administer polygraphs in connection with appointment in the competitive service1 in consultation with the ,security ,executive ,agent as appropriate4 7,e7 ,to make a continuing review of agency programs for suitability and fitness vetting to determine whether they are being implemented according to this section4 7,f7 ,shall1 pursuant to section #aajd of title #e1 ,united ,states ,code1 prescribe performance standards and a system of oversight for any suitability or fitness function delegated by the ,director to the head of another agency1 including uniform and consistent policies and procedures to ensure the effective1 efficient1 timely1 and secure completion of delegated functions4 7#c7 ,guidelines and instructions ,the ,suitability ,executive ,agent may issue guidelines and instructions to the heads of agencies to promote appropriate uniformity1 centralization1 efficiency1 effectiveness1 reciprocity1 timeliness1 and security in processes relating to determining suitability or fitness4 7c7 ,credentialing ,executive ,agent 7#a7 ,in general ,in addition to serving as the ,suitability ,executive ,agent1 the ,director of the ,office of ,personnel ,management shall also serve as the ,credentialing ,executive ,agent4 7#b7 ,duties ,the duties of the ,credentialing ,executive ,agent are as follows3 7,a7 ,to develop standards for investigations1 reinvestigations1 and continuous vetting for a covered individual's eligibility for a ,,piv credential4 7,b7 ,to develop adjudicative guidelines for a covered individual's eligibility for a ,,piv credential4 7,c7 ,to develop guidelines on reporting and recording determinations of eligibility for a ,,piv credential4 7,d7 ,to develop standards for unfavorable determinations of eligibility for a ,,piv credential1 including procedures for denying and revoking the eligibility for a ,,piv credential1 for reconsideration of unfavorable determinations1 and for rendering the ,,piv credential inoperable4 7,e7 ,to develop standards and procedures for suspending eligibility for a ,,piv credential when there is a reasonable basis to believe there may be an unacceptable risk pending an inquiry or investigation1 including special standards and procedures for imminent risk4 7,f7 ,to develop uniform and consistent policies and procedures to ensure the effective1 efficient1 timely1 and secure completion of investigations and adjudications relating to eligibility for a ,,piv credential4 7,g7 ,to monitor and make a continuing review of agency programs for determining eligibility for a ,,piv credential to determine whether they are being implemented according to this section4 7,h7 ,to consult to the extent practicable with other agencies with responsibilities related to ,,piv credentials to ensure that policies and procedures are consistent with law4 7#c7 ,guidelines and instructions ,the ,credentialing ,executive ,agent may develop guidelines and instructions to the heads of agencies as necessary to ensure appropriate uniformity1 centralization1 efficiency1 effectiveness1 and timeliness in processes relating to eligibility for a ,,piv credential4 7#d7 ,,piv credential defined ,in this subsection1 the term ,,piv credential means a personal identity verification credential permitting logical and physical access to ,federally controlled facilities and ,federally controlled information systems4 7d7 ,security ,executive ,agent 7#a7 ,in general ,the ,director of ,national ,intelligence shall serve as the ,security ,executive ,agent4 7#b7 ,duties ,the duties of the ,security ,executive ,agent are as follows3 7,a7 ,to direct the oversight of investigations1 reinvestigations1 adjudications1 and1 as applicable1 polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any agency4 7,b7 ,to make a continuing review of agencies' national security background investigation and adjudication programs to determine whether they are being implemented according to this section4 7,c7 ,to develop and issue uniform and consistent policies and procedures to ensure the effective1 efficient1 timely1 and secure completion of investigations1 polygraphs1 and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position4 7,d7 ,to serve as the final authority to designate an agency or agencies1 to the extent that it is not practicable to use the ,national ,background ,investigations ,bureau1 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 position4 7,e7 ,to serve as the final authority to designate an agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with ,executive ,order #abifh of ,august #b1 #aiie1 as amended4 7,f7 ,to ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among the agencies1 including acting as the final authority to arbitrate and resolve disputes among the agencies involving the reciprocity of investigations and adjudications of eligibility4 7#c7 ,authorities ,the ,security ,executive ,agent may-- 7,a7 issue guidelines and instructions to the heads of agencies to ensure appropriate uniformity1 centralization1 efficiency1 effectiveness1 timeliness1 and security in processes relating to determinations by agencies of eligibility for access to classified information or eligibility to hold a sensitive position1 including such matters as investigations1 polygraphs1 adjudications1 and reciprocity2 7,b7 if consistent with the national security1 authorize exceptions to or waivers of national security investigative requirements1 and may issue implementing or clarifying guidance as necessary2 7,c7 assign1 in whole or in part1 to the head of any agency 7solely or jointly7 any of the duties of the ,security ,executive ,agent under paragraph 7#b7 or the authorities in subparagraphs 7,a7 and 7,b7 of this paragraph1 with the agency's exercise of such assigned duties or authorities to be subject to the ,security ,executive ,agent's oversight and with such terms and conditions 7including approval by the ,security ,executive ,agent7 as the ,security ,executive ,agent determines appropriate2 and 7,d7 define and set standards for continuous evaluation for continued access to classified information4 7e7 ,preservation of authority ,nothing in this section shall be construed to limit the authorities of the ,director of the ,office of ,personnel ,management1 the ,director of ,national ,intelligence1 or the ,secretary of ,defense under any provision of law4 #fjc4 ,process for security clearances 7a7 ,reviews ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 acting as the ,security ,executive ,agent in accordance with subsection 7d7 of section #fjb1 in coordination with the ,suitability ,executive ,agent and the ,credentialing ,executive ,agent who are serving in accordance with subsections 7b7 and 7c7 of such section1 shall submit to the congressional intelligence committees a report that includes the following3 7#a7 ,review and assessment of standards 7,a7 ,in general ,a review of the relationship among the information requested by the ,questionnaire for ,national ,security ,positions 7,standard ,form #hf71 the application of the ,federal ,investigative ,standards prescribed by the ,office of ,personnel ,management and the ,office of the ,director of ,national ,intelligence1 and the application of the adjudicative guidelines under ,security ,executive ,agent ,directive #d 7,national ,security ,adjudicative ,guidelines74 7,b7 ,assessment ,an assessment of whether such ,questionnaire1 ,standards1 and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat4 7#b7 ,recommendations to improve background investigations ,recommendations to improve the background investigation process1 including recommendations-- 7,a7 to simplify the ,questionnaire for ,national ,security ,positions 7,standard ,form #hf7 and increase customer support to applicants completing such ,questionnaire2 7,b7 to use remote and virtual techniques and centralized locations during field investigation work2 7,c7 to utilize secure and reliable digitization of information obtained during the clearance process2 and 7,d7 to build the capacity of the background investigation labor sector4 7#c7 ,review of schedules ,a review of whether the schedule for processing security clearances included in section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7 should be modified4 7#d7 ,evaluation of splitting the background investigation function 7,a7 ,in general ,an evaluation of the impact on costs1 quality1 and timeliness of security clearance background investigations associated with transferring to the ,secretary of ,defense responsibility for conducting background investigations for-- 7i7 personnel of the ,department of ,defense2 or 7ii7 all contractors to and personnel of the ,united ,states ,government4 7,b7 ,analysis ,an analysis of-- 7i7 the time required for the ,secretary of ,defense to gain sufficient institutional capacity and capability to perform the investigations described in clauses 7i7 and 7ii7 of subparagraph 7,a72 7ii7 past experience with agencies and departments of the ,united ,states having responsibility for conducting background investigations1 including the transfer to the ,office of ,personnel ,management of background investigations for personnel of the ,department of ,defense during #bjjc1 #bjjd1 and #bjje2 and 7iii7 the mobility of the workforce who perform background investigations between government agencies and contractors4 7b7 ,policy1 strategy1 and implementation ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 acting as the ,security ,executive ,agent in accordance with section #fjb7;d71 shall establish the following3 7#a7 ,policy and implementation plan for interim security clearances ,a policy and implementation plan for the issuance of interim security clearances4 7#b7 ,policy on consistent treatment of ,government and contractor personnel ,a policy and implementation plan to ensure contractors are treated consistently in the security clearance process across agencies and departments of the ,united ,states and as compared to employees of such agencies and departments4 ,such policy shall address-- 7,a7 prioritization of processing security clearances based on the mission the contractors will be performing2 7,b7 standardization of how requests for clearance sponsorship are issued2 7,c7 digitization of background investigation-related forms2 7,d7 use of the polygraph2 7,e7 the application of the adjudicative guidelines under ,security ,executive ,agent ,directive #d 7,national ,security ,adjudicative ,guidelines72 7,f7 reciprocal recognition of clearances across agencies and departments of the ,united ,states1 regardless of status of periodic reinvestigation2 7,g7 tracking of clearance files as individuals move from employment with an agency or department of the ,united ,states to employment in the private sector2 and 7,h7 reporting on security incidents and performance4 7#c7 ,strategy and implementation for periodic reinvestigations 7,a7 ,strategy and implementation plan ,a strategy and implementation plan to conduct periodic reinvestigations as part of a security clearance determination exclusively on an as-needed1 risk-based basis4 ,such plan shall include actions to assess the extent to which automated records checks and other continuous evaluation methods may be used to expedite or focus reinvestigations4 7,b7 ,exception ,the ,security ,executive ,agent may provide justification if certain populations are determined to require periodic reinvestigations at regular intervals4 7#d7 ,policy for automated records checks ,a policy and implementation plan for agencies and departments of the ,united ,states ,government1 as a part of the security clearance process1 to accept automated records checks generated pursuant to a security clearance applicant's employment with a prior employer4 7#e7 ,policy and implementation for sharing of background investigation data ,a policy and implementation plan for sharing information between and among agencies or departments of the ,united ,states and private entities that is relevant to decisions about granting or renewing security clearances4 ,such information shall-- 7,a7 pertain to security and human resources matters2 and 7,b7 be treated in a manner consistent with privacy concerns4 #fjd4 ,reports on the vulnerabilities equities policy and process of the ,federal ,government 7a7 ,report policy and process 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act and not later than #cj days after any substantive change in policy1 the head of each element of the intelligence community shall submit to the congressional intelligence committees a report detailing the process and criteria the head uses for determining whether to submit a vulnerability for review under the vulnerabilities equities policy and process of the ,federal ,government4 7#b7 ,form ,each report submitted under paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7b7 ,annual report on vulnerabilities 7#a7 ,in general ,not less frequently than once each year1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a report on-- 7,a7 how many vulnerabilities the intelligence community has submitted for review during the previous calendar year2 7,b7 how many of such vulnerabilities were ultimately disclosed to the vendor responsible for correcting the vulnerability during the previous calendar year2 and 7,c7 vulnerabilities disclosed since the previous report that have either-- 7i7 been patched or mitigated by the responsible vendor2 or 7ii7 have not been patched or mitigated by the responsible vendor and more than #ahj days have elapsed since the vulnerability was disclosed4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include the following3 7,a7 ,the date the vulnerability was disclosed to the responsible vendor4 7,b7 ,the date the patch or mitigation for the vulnerability was made publicly available by the responsible vendor4 7,c7 ,an unclassified appendix that includes-- 7i7 a top-line summary of the aggregate number of vulnerabilities disclosed to vendors1 how many have been patched1 and the average time between disclosure of the vulnerability and the patching of the vulnerability2 and 7ii7 the aggregate number of vulnerabilities disclosed to each responsible vendor1 delineated by the amount of time required to patch or mitigate the vulnerability1 as defined by thirty day increments4 7#c7 ,form ,each report submitted under paragraph 7#a7 shall be in classified form4 7c7 ,vulnerabilities equities policy and process of the ,federal ,government defined ,in this section1 the term vulnerabilities equities policy and process of the ,federal ,government means the policy and process established by the ,national ,security ,council for the ,federal ,government1 or successor set of policies and processes1 establishing policy and responsibilities for disseminating information about vulnerabilities discovered by the ,federal ,government or its contractors1 or disclosed to the ,federal ,government by the private sector in government off-the-shelf 7,,gots71 commercial off-the-shelf 7,,cots71 or other commercial information technology or industrial control products or systems 7including both hardware and software74 #fje4 ,bug bounty programs 7a7 ,definitions ,in this section3 7#a7 ,bug bounty program ,the term bug bounty program means a program under which an approved computer security specialist or security researcher is temporarily authorized to identify and report vulnerabilities within an information system in exchange for payment4 7#b7 ,information system ,the term information system has the meaning given that term in section #cejb of title #dd1 ,united ,states ,code4 7b7 ,bug bounty program plan 7#a7 ,requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,under ,secretary for ,intelligence and ,analysis of the ,department of ,homeland ,security shall submit to the congressional intelligence committees a strategic plan to implement bug bounty programs at appropriate agencies and departments of the ,united ,states4 7#b7 ,contents ,the plan required by paragraph 7#a7 shall include-- 7,a7 an assessment of-- 7i7 the effectiveness of the ,hack the ,pentagon pilot program carried out by the ,department of ,defense in #bjaf and subsequent bug bounty programs in identifying and reporting vulnerabilities within the information systems of the ,department of ,defense2 and 7ii7 private sector bug bounty programs1 including such programs implemented by leading technology companies in the ,united ,states2 and 7,b7 recommendations on the feasibility of initiating bug bounty programs at appropriate agencies and departments of the ,united ,states4 #fjf4 ,report on cyber attacks by foreign governments against ,united ,states election infrastructure 7a7 ,report required ,not later than #fj days after the date of the enactment of this ,act1 the ,under ,secretary of ,homeland ,security for ,intelligence and ,analysis shall submit to congressional leadership and the congressional intelligence committees a report on cyber attacks and attempted cyber attacks by foreign governments on ,united ,states election infrastructure in ,states and localities in connection with the #bjaf presidential election in the ,united ,states and such cyber attacks or attempted cyber attacks as the ,under ,secretary anticipates against such infrastructure4 ,such report shall identify the ,states and localities affected and shall include cyber attacks and attempted cyber attacks against voter registration databases1 voting machines1 voting-related computer networks1 and the networks of secretaries of ,state and other election officials4 7b7 ,form ,the report submitted under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7c7 ,definitions ,in this section3 7#a7 ,congressional leadership ,the term congressional leadership includes the following3 7,a7 ,the majority leader of the ,senate4 7,b7 ,the minority leader of the ,senate4 7,c7 ,the ,speaker of the ,house of ,representatives4 7,d7 ,the minority leader of the ,house of ,representatives4 7#b7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any territory or possession of the ,united ,states4 #fjg4 ,review of intelligence community's posture to collect against and analyze ,russian efforts to influence the presidential election 7a7 ,assessment required ,not later than one year after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall-- 7#a7 complete an after action review of the intelligence community's posture to collect against and analyze efforts of the ,government of ,russia to interfere in the #bjaf presidential election in the ,united ,states2 and 7#b7 submit to the congressional intelligence committees a report on the findings of the ,director with respect to such review4 7b7 ,elements ,the review required by subsection 7a7 shall include1 with respect to the posture and efforts described in paragraph 7#a7 of such subsection1 the following3 7#a7 ,an assessment of whether the resources of the intelligence community were properly aligned to detect and respond to the efforts described in subsection 7a77#a74 7#b7 ,an assessment of the information sharing that occurred within elements of the intelligence community4 7#c7 ,an assessment of the information sharing that occurred between elements of the intelligence community4 7#d7 ,an assessment of applicable authorities necessary to collect on any such efforts and any deficiencies in those authorities4 7#e7 ,a review of the use of open source material to inform analysis and warning of such efforts4 7#f7 ,a review of the use of alternative and predictive analysis4 7c7 ,form of report ,the report required by subsection 7a77#b7 shall be submitted to the congressional intelligence committees in a classified form4 #fjh4 ,assessment of foreign intelligence threats to ,federal elections 7a7 ,in general ,the ,director of ,national ,intelligence1 in coordination with the ,director of the ,central ,intelligence ,agency1 the ,director of the ,national ,security ,agency1 the ,director of the ,federal ,bureau of ,investigation1 the ,secretary of ,homeland ,security1 and the heads of other relevant elements of the intelligence community1 shall-- 7#a7 commence not later than #a year before any regularly scheduled ,federal election and complete not later than #ahj days before such election1 an assessment of security vulnerabilities of ,state election systems2 and 7#b7 not later than #ahj days before any regularly scheduled ,federal election1 submit a report on such security vulnerabilities and an assessment of foreign intelligence threats to the election to-- 7,a7 congressional leadership2 and 7,b7 the congressional intelligence committees4 7b7 ,update ,not later than #ij days before any regularly scheduled ,federal election1 the ,director of ,national ,intelligence shall-- 7#a7 update the assessment of foreign intelligence threats to that election2 and 7#b7 submit the updated assessment to-- 7,a7 congressional leadership2 and 7,b7 the congressional intelligence committees4 7c7 ,definitions ,in this section3 7#a7 ,congressional leadership ,the term congressional leadership includes the following3 7,a7 ,the majority leader of the ,senate4 7,b7 ,the minority leader of the ,senate4 7,c7 ,the ,speaker of the ,house of ,representatives4 7,d7 ,the minority leader of the ,house of ,representatives4 7#b7 ,security vulnerability ,the term security vulnerability has the meaning given such term in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja74 #fji4 ,strategy for countering ,russian cyber threats to ,united ,states elections 7a7 ,requirement for a strategy ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in coordination with the ,secretary of ,homeland ,security1 the ,director of the ,federal ,bureau of ,investigation1 the ,director of the ,central ,intelligence ,agency1 the ,secretary of ,state1 the ,secretary of ,defense1 and the ,secretary of the ,treasury1 shall develop a whole-of-government strategy for countering the threat of ,russian cyber attacks and attempted cyber attacks against electoral systems and processes in the ,united ,states1 including ,federal1 ,state1 and local election systems1 voter registration databases1 voting tabulation equipment1 and equipment and processes for the secure transmission of election results4 7b7 ,elements of the strategy ,the strategy required by subsection 7a7 shall include the following elements3 7#a7 ,a whole-of-government approach to protecting ,united ,states electoral systems and processes that includes the agencies and departments indicated in subsection 7a7 as well as any other agencies and departments of the ,united ,states1 as determined appropriate by the ,director of ,national ,intelligence and the ,secretary of ,homeland ,security4 7#b7 ,input solicited from ,secretaries of ,state of the various ,states and the chief election officials of the ,states4 7#c7 ,technical security measures1 including auditable paper trails for voting machines1 securing wireless and ,internet connections1 and other technical safeguards4 7#d7 ,detection of cyber threats1 including attacks and attempted attacks by ,russian government or nongovernment cyber threat actors4 7#e7 ,improvements in the identification and attribution of ,russian government or nongovernment cyber threat actors4 7#f7 ,deterrence1 including actions and measures that could or should be undertaken against or communicated to the ,government of ,russia or other entities to deter attacks against1 or interference with1 ,united ,states election systems and processes4 7#g7 ,improvements in ,federal ,government communications with ,state and local election officials4 7#h7 ,public education and communication efforts4 7#i7 ,benchmarks and milestones to enable the measurement of concrete steps taken and progress made in the implementation of the strategy4 7c7 ,report to congress ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence and the ,secretary of ,homeland ,security shall brief the congressional intelligence committees on the strategy developed under subsection 7a74 #faj4 ,limitation relating to establishment or support of cyber security unit with the ,government of ,russia 7a7 ,limitation ,no amount may be expended by the ,federal ,government to establish or support a cyber security unit or other cyber agreement that is jointly established or otherwise implemented by the ,government of the ,united ,states and the ,government of ,russia unless1 at least #cj days prior to the establishment of such agreement1 the ,director of ,national ,intelligence submits to the congressional intelligence committees a report on such agreement that includes the elements required by subsection 7b74 7b7 ,report elements ,if the ,director submits a report under subsection 7a71 such report shall include a description of each of the following3 7#a7 ,the purpose of the agreement4 7#b7 ,the nature of any intelligence to be shared pursuant to the agreement4 7#c7 ,the expected value to national security resulting from the implementation of the agreement4 7#d7 ,such counterintelligence concerns associated with the agreement as the ,director may have and such measures as the ,director expects to be taken to mitigate such concerns4 #faa4 ,report on returning ,russian compounds 7a7 ,covered compounds defined ,in this section1 the term covered compounds means the real property in ,new ,york and the real property in ,maryland that were under the control of the ,government of ,russia in #bjaf and were removed from such control in response to various transgressions by the ,government of ,russia1 including the interference by the ,government of ,russia in the #bjaf election in the ,united ,states4 7b7 ,requirement for report ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a report on the intelligence risks of returning the covered compounds to ,russian control4 7c7 ,form of report ,the report required by subsection 7b7 shall be submitted in classified and unclassified forms4 #fab4 ,intelligence community assessment on threat of ,russian money laundering to the ,united ,states 7a7 ,assessment required ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in coordination with the ,secretary of the ,treasury1 shall submit to the congressional intelligence committees an intelligence community assessment on the threat of ,russian money laundering to the ,united ,states4 ,the assessment shall be based on all-source intelligence1 including from the intelligence community and from all elements of the ,department of the ,treasury under the ,office of ,terrorism and ,financial ,intelligence4 7b7 ,elements ,the assessment required by subsection 7a7 shall cover the following3 7#a7 ,money laundering in the ,russian ,federation1 global nodes of money laundering used by ,russian and associated entities1 and the entry points of money laundering by ,russian and associated entities into the ,united ,states4 7#b7 ,vulnerabilities to money laundering in the ,united ,states financial and legal system1 including specific sectors1 and ways in which ,russian money laundering has exploited those vulnerabilities4 7#c7 ,any connections between ,russian oligarchs and elements of ,russian organized crime involved in money laundering and the ,government of ,russia4 7#d7 ,the counterintelligence threat posed by ,russian money laundering as well as the threat to the ,united ,states financial system and ,united ,states efforts to enforce sanctions and combat organized crime4 #fac4 ,notification of an active measures campaign 7a7 ,requirement for notification ,the ,director of ,national ,intelligence1 in cooperation with the ,director of the ,federal ,bureau of ,investigation and the head of any other relevant agency1 shall notify the ,chairman and ,vice ,chairman or ,ranking ,member of each of the congressional intelligence committees1 and of other relevant committees of jurisdiction1 each time the ,director of ,national ,intelligence determines there is credible information that a foreign power has1 is1 or will attempt to employ a covert influence or active measures campaign with regard to the modernization1 employment1 doctrine1 or force posture of the nuclear deterrent or missile defense4 7b7 ,content of notification ,each notification required by subsection 7a7 shall include information concerning actions taken by the ,united ,states to expose or halt an attempt referred to in subsection 7a74 #fad4 ,notification of travel by accredited diplomatic and consular personnel of the ,russian ,federation in the ,united ,states ,in carrying out the advance notification requirements set out in section #ejb of the ,intelligence ,authorization ,act for ,fiscal ,year #bjag 7,division ,n of ,public ,law #aae-ca71 the ,secretary of ,state shall-- 7#a7 ensure that the ,russian ,federation provides notification to the ,secretary of ,state at least #b business days in advance of all travel by accredited diplomatic and consular personnel of the ,russian ,federation in the ,united ,states1 and take necessary action to secure full compliance by ,russian personnel and address any noncompliance2 and 7#b7 provide notice of travel described in paragraph 7#a7 to the ,director of ,national ,intelligence and the ,director of the ,federal ,bureau of ,investigation within #a hour of receiving notice of such travel4 #fae4 ,modification of certain reporting requirement on travel of foreign diplomats ,section #ejb7;d77#b7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aae-ca7 is amended by striking the number and inserting a best estimate4 #faf4 ,semiannual report on referrals to ,department of ,justice by elements of the intelligence community regarding unauthorized disclosure of classified information 7a7 ,reports required ,not less frequently than once every #f months1 the ,assistant ,attorney ,general for ,national ,security of the ,department of ,justice1 in consultation with the ,director of the ,federal ,bureau of ,investigation1 shall submit to the congressional intelligence committees a report on the status of each referral made to the ,department of ,justice from any element of the intelligence community regarding an unauthorized disclosure of classified information made during the most recent #cfe-;day period or any referral that has not yet been closed1 regardless of the date the referral was made4 7b7 ,contents ,each report submitted under subsection 7a7 shall include1 for each referral covered by the report1 at a minimum1 the following3 7#a7 ,the date the referral was received4 7#b7 ,a statement indicating whether the alleged unauthorized disclosure described in the referral was substantiated by the ,department of ,justice4 7#c7 ,a statement indicating the highest level of classification of the information that was revealed in the unauthorized disclosure4 7#d7 ,a statement indicating whether an open criminal investigation related to the referral is active4 7#e7 ,a statement indicating whether any criminal charges have been filed related to the referral4 7#f7 ,a statement indicating whether the ,department of ,justice has been able to attribute the unauthorized disclosure to a particular entity or individual4 7c7 ,form of report ,each report submitted under subsection 7a7 shall be submitted in unclassified form1 but may have a classified annex4 #fag4 ,notifications of designation of an intelligence officer as a persona non grata 7a7 ,requirement for reports ,not later than #gb hours after an intelligence officer is designated as a persona non grata1 the ,director of ,national ,intelligence1 in consultation with the ,secretary of ,state1 shall submit to the congressional intelligence committees a notification of that designation4 ,each such notification shall include-- 7#a7 the date of the designation2 7#b7 the basis for the designation2 and 7#c7 a justification for the expulsion4 7b7 ,intelligence officer defined ,in this section1 the term intelligence officer means-- 7#a7 a ,united ,states intelligence officer serving in a post in a foreign country2 or 7#b7 a known or suspected foreign intelligence officer serving in a ,united ,states post4 #fah4 ,biennial report on foreign investment risks 7a7 ,intelligence community interagency working group 7#a7 ,requirement to establish ,the ,director of ,national ,intelligence shall establish an intelligence community interagency working group to prepare the biennial reports required by subsection 7b74 7#b7 ,chairperson ,the ,director of ,national ,intelligence shall serve as the chairperson of such interagency working group4 7#c7 ,membership ,such interagency working group shall be composed of representatives of each element of the intelligence community that the ,director of ,national ,intelligence determines appropriate4 7b7 ,biennial report on foreign investment risks 7#a7 ,requirement ,not later than #ahj days after the date of the enactment of this ,act1 and biennially thereafter1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a report on foreign investment risks prepared by the interagency working group established under subsection 7a74 7#b7 ,content ,each report required by paragraph 7#a7 shall include an identification1 analysis1 and explanation of the following3 7,a7 ,any current or projected major vulnerability to the national security of the ,united ,states with respect to foreign investment4 7,b7 ,any macro trends in foreign investment of a country that such interagency working group has identified to be a country of special concern4 7,c7 ,any strategy used by such a country to exploit a vulnerability identified under subparagraph 7,a7 through the acquisition of critical technologies1 critical materials1 or critical infrastructure4 7,d7 ,any market distortion or unfair competition by a foreign country in the form of market barriers1 nonreciprocal investment treatment1 subsidies1 government corruption1 compulsory technology transfer1 or theft of intellectual property4 #fai4 ,report on surveillance by foreign governments against ,united ,states telecommunications networks ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall1 in coordination with the ,director of the ,central ,intelligence ,agency1 the ,director of the ,national ,security ,agency1 the ,director of the ,federal ,bureau of ,investigation1 and the ,secretary of ,homeland ,security1 submit to the congressional intelligence committees a report describing-- 7#a7 any attempts known to the intelligence community by foreign governments to exploit cybersecurity vulnerabilities in ,united ,states telecommunications networks 7including ,signaling ,system ,no4 #g7 to target for surveillance of ,united ,states persons1 including employees of the ,federal ,government2 and 7#b7 any actions1 as of the date of the enactment of this ,act1 taken by the intelligence community to protect agencies and personnel of the ,united ,states ,government from surveillance conducted by foreign governments4 #fbj4 ,reports on authorities of the ,chief ,intelligence ,officer of the ,department of ,homeland ,security 7a7 ,definitions ,in this section3 7#a7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#b7 ,homeland ,security ,intelligence ,enterprise ,the term ,homeland ,security ,intelligence ,enterprise has the meaning given such term in ,department of ,homeland ,security ,instruction ,number #bfd-ja-jja1 or successor authority4 7#c7 ,office ,the term ,office means the ,office of ,intelligence and ,analysis of the ,department4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary for ,intelligence and ,analysis of the ,department4 7b7 ,requirement for report ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,under ,secretary1 shall submit to the congressional intelligence committees a report on the authorities of the ,under ,secretary4 7c7 ,contents ,the report required by subsection 7b7 shall include the following3 7#a7 ,an analysis of whether the ,under ,secretary has the legal and policy authority necessary to organize and lead the ,homeland ,security ,intelligence ,enterprise1 with respect to intelligence1 and1 if not1 a description of-- 7,a7 the obstacles to exercising the authorities of the ,chief ,intelligence ,officer and the ,homeland ,security ,intelligence ,council1 over which the ,chief ,intelligence ,officer chairs2 and 7,b7 the legal and policy changes necessary to effectively coordinate1 organize1 and lead intelligence activities of the ,department of ,homeland ,security4 7#b7 ,a description of the actions that the ,secretary has taken to address the inability of the ,under ,secretary to require components of the ,department1 other than the ,office-- 7,a7 to coordinate intelligence programs2 and 7,b7 integrate and standardize intelligence products produced by such other components4 #fba4 ,report on geospatial commercial activities for basic and applied research and development 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 rapid technology change and a significant increase in data collection by the intelligence community has outpaced the ability of the intelligence community to exploit vast quantities of intelligence data2 7#b7 the data collection capabilities of the intelligence community and the ,department of ,defense have outpaced their ability to exploit vast quantities of data2 7#c7 furthermore1 international competitors may be catching up1 and in some cases leading1 in key technology areas2 7#d7 many ,united ,states companies have talent and technological capabilities that the ,federal ,government could harness2 and 7#e7 these companies would be able to more effectively develop automation1 artificial intelligence1 and associated algorithms if given access to data of the ,national ,geospatial-,intelligence ,agency1 consistent with the protection of sources and methods4 7b7 ,report ,not later than #cj days after the date of the enactment of this ,act1 the ,director of the ,national ,geospatial-,intelligence ,agency shall submit to the appropriate congressional committees a report on the authorities necessary to conduct commercial activities relating to geospatial intelligence that the ,director determines necessary to engage in basic research1 applied research1 data transfers1 and development projects1 with respect to automation1 artificial intelligence1 and associated algorithms1 including how the ,director would use such authorities1 consistent with applicable laws and procedures relating to the protection of sources and methods4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,armed ,services and the ,select ,committee on ,intelligence of the ,senate2 and 7#b7 the ,committee on ,armed ,services and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 #fbb4 ,technical amendments related to the ,department of ,energy 7a7 ,national ,nuclear ,security ,administration ,act 7#a7 ,clarification of functions of the ,administrator for ,nuclear ,security ,subsection 7b7 of section #cbab of the ,national ,nuclear ,security ,administration ,act 7#ej ,u4,s4,c4 #bdjb7;b77 is amended-- 7,a7 by striking paragraphs 7#aa7 and 7#ab72 and 7,b7 by redesignating paragraphs 7#ac7 through 7#ai7 as paragraphs 7#aa7 through 7#ag71 respectively4 7#b7 ,counterintelligence programs ,section #cbcc7;b7 of the ,national ,nuclear ,security ,administration ,act 7#ej ,u4,s4,c4 #bdbc7;b77 is amended-- 7,a7 by striking ,administration and inserting ,department2 and 7,b7 by inserting ,intelligence and after the ,office of4 7b7 ,atomic ,energy ,defense ,act ,section #debd7;b77#b7 of the ,atomic ,energy ,defense ,act 7#ej ,u4,s4,c4 #bfgd7;b77#b77 is amended by inserting ,intelligence and after ,the ,director of4 7c7 ,national ,security ,act of #aidg ,paragraph 7#b7 of section #ajf7;b7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjda7;b77#b77 is amended-- 7#a7 in subparagraph 7,e71 by inserting and ,counterintelligence after ,office of ,intelligence2 7#b7 by striking subparagraph 7,f72 7#c7 by redesignating subparagraphs 7,g71 7,h71 and 7,i7 as subparagraphs 7,f71 7,g71 and 7,h71 respectively2 and 7#d7 in subparagraph 7,i71 by realigning the margin of such subparagraph #b ems to the left4 #fbc4 ,sense of ,congress on ,wiki,leaks ,it is the sense of ,congress that ,wiki,leaks and the senior leadership of ,wiki,leaks resemble a non-state hostile intelligence service often abetted by state actors and should be treated as such a service by the ,united ,states4 ,august #ah1 #bjag,read twice and placed on the calendar