House Intelligence Committee Issues Report on Pollard Intelligence Authorization Act (Part 2 of 2)
Continues from Part 1 of 2
Therefore, the Committee directs the JSIL, within 180 days of enactment and annually for two years thereafter, to brief the congressional intelligence and defense committees, on intelligence and intelligence-related activities conducted by the JSIL.
Management of the Centers of Academic Excellence in National Security Studies
The
In the past, the ODNI collected information about involvement in the CAE program by IC elements and educational institutions, as well as demographic (gender, minority, disability), educational, employment, and other data on the participating students. The ODNI reported this information to
Accordingly, the Committee directs ODNI to serve as the Executive Agent for CAE on a permanent and non-delegable basis no later than 6 months into Fiscal Year 2019. In addition, the Committee directs ODNI to immediately resume collection and analysis of data necessary to evaluate the IC CAE's performance, to include educational, employment, diversity, and other data that was used to produce ODNI's 2010 report. Within 180 days of enactment of this Act, the Committee directs ODNI to submit a written report to the congressional intelligence committees containing this data from the 2016-2018 academic years, as well as metrics about the total number of students who participated in CAE courses, seminars, internships, or other events; the number of students designated as CAE scholars pursuing a certificate; and the number of CAE certificates awarded during this timeframe, with a demographic breakdown regarding diversity.
The Committee believes that the IC CAE program should undergo a fundamental review to determine what changes can be made to allow the program to achieve its intended objectives and has requested a review be conducted by the Government Accountability Office (GAO). Therefore, the Committee also directs the IC to fully cooperate with the GAO review.
Enhancing automation at the
The Committee strongly supports efforts to leverage commercial advances in automation of imagery, Wide Area Motion Imagery (WAMI), Full Motion Video (FMV), and Synthetic Aperture Radar (SAR) products to reduce manual processing and improve information flow to users. However, the Committee is concerned that NGA does not dedicate adequate resources to integrate new automation techniques which have resulted in years of research into the issue, but limited operational gains during day to day imagery processing.
Therefore, the Committee directs NGA, within 90 days of enactment of this Act, to brief the congressional intelligence and defense committees on an updated plan to reduce manual processing of imagery, WAMI, FMV, and SAR to improve information flow to users. The briefing shall also address:
1. NGA's strategy to leverage commercial advances;
2. The various geospatial intelligence automated exploitation development programs across the National System for Geospatial-Intelligence, and the associated funding and specific purpose of said programs;
3. Any similar efforts by government entities outside the National System for Geospatial-Intelligence of which NGA is aware; and
4. Which of these efforts are duplicative.
Redundant organic software development
The Committee is concerned that NGA is developing software solutions that are otherwise available for purchase on the commercial market. This practice most always, increases the time it takes to deliver new capabilities to the warfighter; increases the overall cost of the solution through expensive operational and maintenance costs; and undermines the
Therefore, the Committee directs NGA, within 60 days of enactment of this Act, to brief the congressional intelligence committees, on its identification of all NGA developed software programs and explain why such program are developed organically instead of leveraging commercially available products.
Critical skills recruiting for automation
Although cutting edge sensors have provided the IC and
Therefore, the Committee directs NGA, within 60 days of enactment of this Act, to brief the congressional intelligence and defense committees on NGA's efforts to recruit critical skills such as mathematicians, data scientists, and software engineers that possess critical skills needed to support NGA's objectives in automation.
Sensitive Compartmented Information Facilities
The Committee has become aware of several major impediments for companies with appropriately cleared personnel to perform work for agencies and organizations like the NRO and NGA. For example, businesses without ownership of a Sensitive Compartmented Information Facility (SCIF), which includes many small businesses, find it very difficult to perform classified work. Construction and accreditation of SCIF spaces may be cost-prohibitive for small business and non-traditional government contractors. Additionally, construction timelines often exceed the period of performance of a contract.
A modern trend for innovative and non-traditional government contractors is the increase use of co-working space environments. Additionally, public and private entities are partnering to create emerging regional innovation hubs to help identify technology solutions and products in the private sector that can be utilized by the
Therefore, the Committee directs NRO and NGA, within 90 days of enactment of this Act, to brief the congressional intelligence committees on:
1. Potential approaches to allow for SCIF spaces to be certified and accredited outside of a traditional contractual arrangement;
2. Analysis of the advantages and disadvantages of issuing DoD Contract Security Specification (DD Form 254s) to "Facilities" as opposed to "Contracts";
3. Options for classified co-use and shared workspace environments such as: innovation, incubation, catalyst, and accelerator environments;
4. Pros and cons for public, private, government, or combination owned classified neutral facilities; and
5. Any other opportunities to support companies with appropriately cleared personnel but without ownership of a SCIF effective access to a neutral SCIF.
Encouraging innovation
The committee is aware of and supports the NRO as it continues to pursue innovation and incorporate innovative technologies into many programs of record (POR). However, while the NRO is one of the more innovative leaders regarding government satellite matters, the NRO also struggles to leverage commercial and government research and development efforts and incorporate them in an effective and timely manner into PORs.
Therefore, the Committee directs NRO, within 90 days of enactment of this Act, to brief the congressional intelligence committees on the following:
1. Opportunities that could expand innovation;
2. Any challenges for innovation; and
3. How innovative or new technologies are incorporated to support critical milestones for PORs.
Improving use of the unclassified marketplaces
The Committee has become aware that a major impediment for companies to perform work for agencies and organizations like the NRO is the lack of postings on unclassified marketplaces, such as the unclassified
Therefore, the Committee directs NRO, within 90 days of enactment of this Act, to brief the congressional intelligence committees on options for improving the unclassified marketplace process.
Satellite servicing
No later than one year after the date of the enactment of this Act, the DNI, in consultation with the Secretary of Defense, shall jointly provide the congressional intelligence and armed services committees upon request, a briefing detailing the costs, risks, and operation benefits of leveraging commercial satellite servicing capabilities for national security satellite systems. The briefing shall include:
1. A prioritized list (with a rationale) of the operational and planned assets of the IC that could be enhanced by satellite servicing missions;
2. The costs, risks, and benefits of integrating satellite servicing capabilities as part of operational resilience; and
3. Potential strategies that could allow future national security space systems to leverage commercial in-orbit servicing capabilities where appropriate and feasible.
Enhanced oversight of IC contractors
A topic of sustained Committee interest has been improving the federal government's oversight of IC acquisition and procurement practices, including activities by poorly performing IC contractors.
A framework exists to ensure that IC elements do not award IC contracts to businesses that engage in negligence or even gross negligence, consistently fail to appropriately safeguard classified information, maintain poor financial practices, or other issues. For example, an IC element may maintain a list of contractors of concern, in order to ensure that proposals from such contractors are rejected or subjected to additional scrutiny. The Committee wishes to build on these practices and is concerned about the existing framework's adequacy.
Therefore, the Committee directs all elements of the IC, to the fullest extent consistent with applicable law and policy, to share with one another information about contractors with track records of concern--such as the commission of negligence or gross negligence in the performance of IC contracts, or the repeated failure to appropriately safeguard classified information in a fashion that the contractor reasonably could have been expected to prevent.
Additionally, no later than 30 days after enactment of this Act, the DNI shall brief the Committee on the authorities of IC elements with respect to contractors with track records of concern--before, during, and after procurement. An objective of the briefing will be to discuss information sharing practices in this regard, and to identify specific areas where the oversight framework can be strengthened.
Committee Consideration and Roll Call Votes
On
In open session, the Committee considered an amendment in the nature of a substitute, offered by
Voting aye:
Voting no: None
The Committee then agreed to a motion by the Chairman to favorably report H.R. 6237, as amended, to the House, including by reference the classified schedules of authorizations. The motion was agreed to by a unanimous voice vote.
Section-by-Section Analysis and Explanation of Amendment
DIVISION A--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2018
Section 101--Short title; Table of contents
Section 101 lists the title and table of contents of the Intelligence Authorization Act for Fiscal Year 2018 (the 2018 Act).
Section 102--Definitions
Section 102 defines the terms "congressional intelligence committees" and the "Intelligence Community" (IC) that will be used in the 2018 Act.
TITLE I--INTELLIGENCE ACTIVITIES
Section 1101--Authorization of appropriations
Section 1101 lists the
Section 1102--Classified schedule of authorizations
Section 1102 provides that the amounts authorized to be appropriated for intelligence and intelligence-related activities and the personnel levels for Fiscal Year 2018 are contained in the classified Schedule of Authorizations and that the classified Schedule of Authorizations shall be made available to the Committees on Appropriations of the
Section 1103--Personnel ceiling adjustments
Section 1103 states that the Director of National Intelligence (DNI) may authorize employment of civilian personnel in Fiscal Year 2018 in excess of the number of authorized positions by an amount not exceeding three percent of the total limit applicable to each IC element under Section 1102. The DNI may do so only if necessary to the performance of important intelligence functions.
Section 1104--Intelligence Community Management Account
Section 1104 authorizes appropriations for the Intelligence Community Management Account (ICMA) of the DNI and sets the authorized personnel levels for the elements within the ICMA for Fiscal Year 2018.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Section 1201--Authorization of appropriations
Section 1201 authorizes appropriations in the amount of
Section 1202--Computation of annuities for employees of the
Section 1202 makes technical changes to the CIA Retirement Act to conform with various statutes governing the Civil Service Retirement System.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Section 1301--Restriction on conduct of intelligence activities
Section 1301 provides that the authorization of appropriations by the 2018 Act shall not be deemed to constitute authority for the conduct of any intelligence activity that is not otherwise authorized by the
Section 1302--Increase in employee compensation and benefits authorized by law
Section 1302 provides that funds authorized to be appropriated by the 2018 Act for salary, pay, retirement, and other benefits for federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in compensation or benefits authorized by law.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Section 1401--Authority for protection of current and former employees of the
Section 1401 amends Section 5 of the CIA Act of 1949 to authorize the protection of current and former personnel of the
Section 1402--Designation of the Program Manager Information Sharing Environment
Section 1402 makes technical changes to the Intelligence Reform and Terrorism Protection Act of 2004 to permit the DNI to designate the Program Manager-Information Sharing Environment (PM-ISE).
Section 1403--Technical correction to the Executive Schedule
Section 1403 makes a technical change to 5 U.S.C. 5313, by adding the Director of Counterintelligence and Security to the list of positions included at Level II of the Executive Schedule.
TITLE V--REPORTS AND OTHER MATTERS
Section 1501--Period of overseas assignments for certain foreign service officers
Section 1501 optimizes various aspects of the assignment system for foreign service officers within the
Section 1502--Assessment of significant Russian influence campaigns Directed at foreign elections and referenda
Section 1502 requires the DNI to provide a report assessing past and ongoing Russian influence campaigns against foreign elections and referenda, to include a summary of the means by which such influence campaigns have been or are likely to be conducted, a summary of defenses against or responses to such Russian influence campaigns, a summary of IC activities to assist foreign governments against such campaigns, and an assessment of the effectiveness of such foreign defenses and responses.
Section 1503--Foreign counterintelligence and cybersecurity threats to federal election Campaigns
Section 1503 requires the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis (I&A;) and the Director of the
Section 1504--Intelligence community reports on security clearances
Section 1504 amends the National Security Act of 1947 to require improved reporting on IC security clearance processing.
Section 1505--Assessment of threat finance relating to
Section 1505 requires the IC to conduct an assessment of
Section 1506--Report on cyber exchange program
Section 1506 directs the DNI to submit a report on the potential establishment of a voluntary cyber exchange program between the IC and private technology companies.
Section 1507--Review of Intelligence Community whistleblower matters
Section 1507 directs the IC IG, in consultations with the IGs of other IC agencies, to conduct a review of practices and procedures relating to IC whistleblower matters.
Section 1508--Report on the role of Director of National Intelligence with respect to certain foreign investments
Section 1508 directs the DNI to submit a report on ODNI's role in preparing analytic materials in connection with the
Section 1509--Semiannual reports on investigations of unauthorized public disclosures of classified information
Section 1509 directs IC elements to submit a semi-annual report on the number of investigations opened and completed by each agency regarding an unauthorized public disclosure of classified information to the media, and the number of completed investigations referred to the Attorney General. Section 1509 also directs the
Section 1510--Report on Intelligence Community participation in vulnerabilities equities Process
Section 1510 directs the Inspector General of the IC to conduct a review of the process by which the IC and executive branch agencies determine whether, when, how, and to whom information about a vulnerability that is not publicly known will be shared with a non-federal entity or the public.
Section 1511--Sense of
Section 1511 expresses the sense of
Section 1512--Technical amendments related to the
Section 1512 makes technical changes in the Atomic Energy Defense Act and in the National Security Act of 1947 regarding references to the
DIVISION B--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2019
Section 201--Short title; Table of contents
Section 201 lists the title and table of contents of the Intelligence Authorization Act for Fiscal Year 2019 (the 2019 Act).
Section 202--Definitions
Section 202 defines the terms "congressional intelligence committees" and the "Intelligence Community" (IC) that will be used in the 2019 Act.
TITLE I--INTELLIGENCE ACTIVITIES
Section 2101--Authorization of appropriations
Section 2101 lists the
Section 2102--Classified Schedule of Authorizations
Section 2102 provides that the amounts authorized to be appropriated for intelligence and intelligence-related activities are contained in the classified Schedule of Authorizations and that the classified Schedule of Authorizations shall be made available to the Committees on Appropriations of the
Section 2103--Intelligence Community Management Account
Section 2103 authorizes appropriations for the Intelligence Community Management Account (ICMA) of the DNI for the elements within the ICMA for Fiscal Year 2019.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Section 2201--Authorization of appropriations
Section 2201 authorizes appropriations in the amount of
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Section 2301--Restriction on conduct of intelligence activities
Section 2301 provides that the authorization of appropriations by the 2019 Act shall not be deemed to constitute authority for the conduct of any intelligence activity that is not otherwise authorized by the
Section 2302--Increase in employee compensation and benefits authorized by law
Section 2302 provides that funds authorized to be appropriated by the 2019 Act for salary, pay, retirement, and other benefits for federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in compensation or benefits authorized by law.
Section 2303--Modification of special pay authority for Science, Technology, Engineering, or Mathematics positions and addition of special pay authority for cyber positions
Section 2303 provides an increased yearly cap for Science, Technology, Engineering, or Mathematics (STEM) employee positions in the IC that support critical cyber missions. The section also permits the
Section 2304--Repeal of
Section 2304 repeals Section 101A of the National Security Act of 1947 to eliminate the
Section 2305--Permanent enhanced procurement authority to manage supply chain risks
Section 2305 permanently authorizes enhanced procurement authority to manage supply chain risks.
Section 2306--Intelligence Community Information Technology Environment
Section 2306 defines the roles and responsibilities for the performance of the Intelligence Community Information Technology Environment (IC ITE). The section requires certain reporting and briefing requirements to the congressional intelligence committees regarding the IC's ongoing implementation of IC ITE.
Section 2307--Development of secure cellular voice solution for intelligence community
Section 2307 requires the DNI approve and certify a secure cellular voice solution for use by the intelligence community elements funded by the National Intelligence Program.
Section 2308--Policy on minimum insider threat standards
Section 2308 requires the DNI to develop minimum insider threat standards to be followed by each element of the IC.
Section 2309--Submission of intelligence community policies
Section 2309 requires the DNI to make all
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
SUBTITLE A--
Section 2401--Chief Financial Officer of the Intelligence Community
Section 2401 amends the National Security Act of 1947 by requiring the Chief Financial Officer of the Intelligence Community to directly report to the DNI.
Section 2402--Chief Information Officer of the Intelligence Community
Section 2402 amends the National Security Act of 1947 by requiring the Chief Information Officer of the Intelligence Community to directly report to the DNI.
SUBTITLE B--CENTRAL INTELLIGENCE AGENCY
Section 2411--CIA subsistence for personnel assigned to austere locations
Section 2411 authorizes the Director of the CIA to approve, with or without reimbursement, subsistence to personnel assigned to an austere overseas location.
Section 2412--Special rules for certain monthly workers' compensation payments and other payments for CIA personnel
Section 2412 authorizes the Director of the CIA to provide enhanced injury benefits to a covered employee or qualifying dependents who suffer an injury overseas due to war, insurgency, hostile act, or terrorist activities.
Section 2413--Expansion of security protective service jurisdiction of the
Section 2413 expands the security perimeter jurisdiction at CIA facilities from 500 feet to 500 yards.
Section 2414--Repeal of foreign language proficiency requirement for certain senior level positions in the
Section 2414 repeals the foreign language proficiency requirement for certain CIA senior level positions authorized in Section 611 of the Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108-487).
SUBTITLE C--OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE OF DEPARTMENT OF ENERGY
Section 2421--Consolidation of
Section 2421 amends the
Section 2422--Establishment of
Section 2422 establishes the
Section 2423--Repeal of
Section 2423 amends the
SUBTITLE D--OTHER ELEMENTS
Section 2431--Collocation of certain
Section 2431 mandates that DHS I&A; transfer at least 40 personnel from
Section 2432--Framework for roles, missions, and functions of
Section 2432 requires the Secretary of Defense and DNI to jointly develop a framework for the roles, missions, and functions of the
Section 2433--Consultation by Secretary of Defense with Director of National Intelligence for certain functions
Section 2433 amends Section 3038 of the National Security Act of 1947 by requiring the Secretary of Defense to consult the DNI regarding National Intelligence Program-matters associated with certain
Section 2434--Construction of
Section 2434 authorizes the Director of the
Section 2435--Establishment of advisory board for
Section 2435 amends the National Security Act of 1947 to authorize the Director of the
TITLE V--REPORTS AND OTHER MATTERS
Section 2501--Public Interest Declassification Board
Section 2501 reauthorizes the
Section 2502--Repeal of certain reporting requirements
Section 2502 repeals certain reporting requirements related to long-standing material weaknesses, annual reports on interactions between the Intelligence Community and entertainment industry, declassification reviews with respect to detainees transferred from
Section 2503--Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for federal offices
Section 2503 requires the DNI, the Director of the FBI, and the Secretary of Homeland Security to brief the congressional intelligence committees, congressional leadership, the armed services committees, and the homeland security committees (consistent with sources and methods) not later than 14 days after a determination has been made with moderate or high confidence that a significant foreign cyber intrusion or active measures campaign intended to influence an upcoming election for any Federal office has taken place by a foreign state or foreign nonstate person, group, or other entity. The briefing shall provide a description of the significant foreign cyber intrusion or active measures campaign, including an identification of the foreign state or foreign nonstate person or group.
Section 2504--Reports on intelligence community loan repayment and related programs
Section 2504 requires the DNI, in cooperation with the heads of the elements of the IC, to submit to the congressional intelligence committees a report on potentially establishing an IC-wide program for student loan repayment and forgiveness.
Section 2505--Comptroller General of
Section 2505 directs the Comptroller General of
Section 2506--Briefing on counterintelligence activities of the
Section 2506 requires the FBI Director provide the congressional intelligence committees on a quarterly basis with a briefing on the counterintelligence activities of the FBI that shall include, at a minimum, the counterintelligence posture of the Bureau on matters of counterintelligence concern. The FBI Director, in coordination with the Attorney General, shall develop guidelines governing the scope of such briefings.
Section 2507--Briefing on FBI offering permanent residence to sources and cooperators
Section 2507 directs the FBI within 30 days of enactment of this Act to provide a briefing to the congressional intelligence committees regarding the FBI's ability to provide permanent
Section 2508--Technical and clerical amendments to the National Security Act of 1947
Section 2508 makes certain edits to the National Security Act of 1947 as amended for technical or clerical purposes.
Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of the
General Performance Goals And Objectives
The goals and objectives of H.R. 6237 are to authorize the intelligence and intelligence-related activities of the United States Government for Fiscal Years 2018 and 2019. These activities enhance the national security of
The classified annexes that accompany this report reflect in great detail the Committee's specific performance goals and objectives at the programmatic level with respect to classified programs.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104-4) requires a statement of whether the provisions of the reported bill include unfunded mandates. In compliance with this requirement, the Committee has received a letter from the
U.S.
Hon.
Chairman,
Dear Mr. Chairman: The
On a preliminary basis, CBO estimates that enacting the bill would affect direct spending by making changes to the Central Intelligence Agency Retirement and Disability System to enhance the benefits offered to certain annuitants; therefore, pay-as-you-go procedures apply. However, we estimate that those effects would be less than
If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is
Sincerely,
Director.
Statement on Congressional Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of the
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
Disclosure of Directed Rule Making
H.R. 6237 does not specifically direct any rule makings within the meaning of 5 U.S.C. 551.
Duplication of Federal Programs
H.R. 6237 does not duplicate or reauthorize an established program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to
MINORITY VIEWS
The
This year's IAA authorizes intelligence funding in the base budget at roughly 1.9% above the President's FY19 budget request and funds Overseas Contingency Operations at roughly the President's request.
The annual IAA ensures that the programs and activities of the
In conducting oversight of the IC and
ENSURING LEGITIMACY & EFFECTIVENESS
IC elements operate largely in secret and sometimes must take aggressive action to protect national security. This arrangement confers operational advantages but entails considerable risk of abuse and excess if not held in check by the appropriate congressional entities. A central goal of congressional oversight is to guarantee the fullest measure of legitimacy and effectiveness of IC and
The FY19 IAA addresses legitimacy through several Minority- authored provisions that direct the IC to undertake, or not undertake, certain covert action activities. The bill also requires that the IC report to the congressional intelligence committees about certain Executive Branch processes to ensure that covert action findings support broader
ADDRESSING ALL GLOBAL THREATS
Nearly two decades of war have seized the attention of the IC,
As such, the FY18 and FY19 combined IAA seeks to better prepare the IC and
EXPANDING TRANSPARENCY
A healthy democracy demands a sufficient level of government transparency about the actions, intentions and effectiveness of its intelligence apparatus--not only in real time, but retrospectively, so that the country might continue the positive efforts of the IC and
The declassification of IC records of historical significance is one mechanism to achieve this.
In addition, the bill includes a Minority-authored provision requiring a briefing to certain congressional leaders and committees if
INVESTING IN THE WORKFORCE & STRENGTHENING DIVERSITY
To attract the best talent to the IC and
Attracting the best talent to the IC and
To improve the pipeline for under-represented groups to join IC elements, the FY19 IAA increases funding for, and includes direction regarding the Centers of Academic Excellence, an internship program established in 2004 to educate highly qualified students of diverse backgrounds and encourage them to pursue careers in the IC. As the IC and
RESPONDING TO CURRENT & FUTURE CHALLENGES
Even as we address the threats of today, the IC and
The combined FY18 and FY19 IAA increases funding for artificial intelligence and cutting-edge technologies so that the IC and
The annual IAA is but one tool
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