H.R. 6237, Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019

Floor Situation

On Thursday, July 12, 2018, the House will consider H.R. 6237, the Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019, under a structured rule. H.R. 6237 was introduced on June 27, 2018, by Rep. Devin Nunes (R-CA), and was referred to the Permanent Select Committee on Intelligence (HPSCI), in addition to the Committee on Ways and Means.  HPSCI ordered the bill reported, by unanimous voice vote, on June 28, 2018.

Summary

H.R. 6237 authorizes appropriations for intelligence and intelligence-related activities of the U.S. government for fiscal years 2018 and 2019. The bill authorizes funds for the intelligence and intelligence-related activities of the:  Office of the Director of National Intelligence; Central Intelligence Agency; Department of Defense; Defense Intelligence Agency; National Security Agency; the Departments of the Army, Navy, and Air Force; Coast Guard; Department of State; Department of Treasury; Department of Energy; Department of Justice; Federal Bureau of Investigation; Drug Enforcement Administration; National Reconnaissance Office; National Geospatial-Intelligence Agency; and, the Department of Homeland Security.

The amounts authorized by the bill for these elements for the conduct of intelligence activities are specified in a classified schedule of authorizations and explained in in a classified annex, which are incorporated directly into the legislation through sections 1101 and 2102, respectively. Both the schedule of authorizations and accompanying classified annex have been available for Members to review since the bill was reported on June 28, 2018. H.R. 6237 makes no changes to any surveillance authorities. Select provisions of the unclassified portion of H.R. 6237 are as follows:

Division A (FY18)

Division A includes authority for Intelligence Community (IC) elements to adjust personnel ceilings by three percent and contractor conversions by ten percent to allow the IC to build, develop, and maintain a workforce appropriately balanced among civilian, military, and contractor employees. Starting in FY19, the Committee will no longer include position ceilings in the annual Schedule of Authorizations.

As in years past, and to ensure that all IC activities are effective, while protecting the civil liberties of American citizens, the legislation prohibits funding for any intelligence activity that is not authorized by the constitution or federal law.

The legislation permits the Department of State to allow foreign service officers to serve at an overseas post for a period of not more than six consecutive years, as opposed to the current two, to avoid constantly moving officers with significant language and cultural experience. The bill also calls for foreign service officers who receive training in Arabic, Farsi, Chinese, Turkish, Korean, and Japanese to serve three consecutive tours in posts requiring that language.

To combat unauthorized disclosures of classified information, the legislation requires all IC agencies to provide the congressional intelligence committees with a semi-annual report of the number of investigations of unauthorized disclosures. Further, the bill requires the IC Inspector General to report within 180 days on the appropriate role of the IG in the instance of unauthorized disclosures.

The legislation requires a number of briefings for congressional intelligence committees regarding:

• To combat violent extremist groups, a briefing on the options for a pilot program to implement best practices for private technology companies to quickly recognize and lawfully remove violent extremist content online.
• To combat action in the South China Sea, a briefing on any known intelligence collection gaps.
• Project MAVEN and other efforts to integrate big data, artificial intelligence, and machine learning across the full spectrum of military intelligence.
• The Marine Corps-exposed gap in unmanned aerial systems programs due to pilot and maintainer shortages, and
• Consistent with the House Armed Services Committee-passed National Defense Authorization Bill, briefings or reports on the following issues:
  • remotely piloted aircraft training, wide-area motion imagery intelligence capability;
  • the MQ-4C Triton unmanned aircraft system;
  • acceleration of Increment 2 of Warfighter Information Network-Tactical program; and
  • a cost-benefit analysis of upgrades to MQ-9.

The legislation also prohibits authorization of funds from this act to be used to retire any aircraft that would have an effect on intelligence, surveillance, and reconnaissance capabilities, such as the U-2 or RQ-4, until a suitable replacement is found

Division B (FY19)

Division B increases pay authority to recruit and retain employees at the National Security Agency (NSA) with skills in science, technology, engineering, or mathematics (STEM). Ensuring NSA is able to compete for the best and brightest employees with STEM skills is a critical national security imperative.

To ensure the IC is using up-to-date technology, the legislation requires ODNI to take charge of the IC Information Technology Environment (IC ITE), including establishing metrics to track the program’s success.  The bill also imposes reporting requirements on ODNI to the congressional intelligence committees regarding IC ITE strategy.

The legislation directs the Director of National Intelligence to establish a policy on minimum insider threat standards. Such standards are required for the responsible sharing and safeguarding of classified information on computer networks while ensuring appropriate protections for civil liberties, but several elements of the IC have not fully implemented such policies. The bill encourages each IC element to expeditiously adopt their own policies and implement DNI guidelines.

The Division makes additional improvements within the IC such as bringing the Office of the Director of National Intelligence (ODNI) in line with the Chief Financial Officers Act of 1990, requiring the IC Chief Information Officer to report directly to the DNI, and requires a long-term roadmap, business plan, and security plan for the IC’s Information Technology Environment.

Because the IC operates in dangerous locations worldwide, the legislation provides subsistence to CIA personnel assigned to austere locations.  In addition, the legislation enhances disability payments to CIA personnel for injuries sustained in the line of duty. The bill also provides for medical treatment of family members of CIA personnel if those family members are injured while serving overseas.

The legislation creates an Energy Infrastructure Security Center (EISC) within the Department of Energy, which will analyze and distribute intelligence on threats to the energy infrastructure of the country. The EISC will serve as an interagency clearinghouse for information on threats to the country’s energy infrastructure.

The Division supports the Department of Homeland Security Bureau of Intelligence and Analysis’ (I&A) intent to integrate into operations across the broader DHS enterprise and directs DHS to deploy at least 40 personnel outside DHS Headquarters and place them within operational units like Customs and Border Protection, Transportation Security Administration, Immigration and Customs Enforcement, or other elements.

The bill furthers the committee’s analysis on the roles and missions of the Defense Intelligence Agency (DIA) by requiring a framework for DIA to reevaluate its required missions and divest non-core missions.

The bill authorizes the construction of a third building on the NSA’s East Campus to continue to house of personnel within a shared security perimeter rather than throughout the Baltimore-Washington area.

To ensure the public is aware of items of national importance, consistent with the need to protect national security, the legislation extends by ten years the mandate for the Public Interest Declassification Board.  The board is an advisory committee and reviews classified material of interest and makes recommendations to the President and executive branch on what may be released to the public.

The bill also repeals a number of reporting requirements for the IC that have been rendered obsolete. Eliminating reporting requirements that do not serve a current intelligence purpose will better enable the IC to confront the threats facing the country.

Election security is a bipartisan concern, and the bill imposes reporting requirements when there is a significant foreign cyber intrusion in federal elections. The bill requires reporting to congressional leadership and the intelligence committees and would address the identity of the foreign actor and include a discussion of how much information can be released to the public.

Background

The U.S. Intelligence Community (IC) consists of 17 agencies and organizations within the Executive Branch, including the ODNI, that work both independently and collaboratively to gather and analyze the intelligence necessary to conduct foreign relations and national security activities.[1]  The mission of the ODNI is to lead intelligence integration and forge an IC that delivers the most insightful intelligence possible.[2]

Matthew Young Pollard was a staff member on the Senate Select Committee on Intelligence who passed away in April of this year.

Amendments

See a full list of amendments here.

Cost

A complete Congressional Budget Office (CBO) estimate is not currently available. However, on a preliminary basis, CBO estimated 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, but those effects would be less than $500,000 over the 2019-2028 period.

Staff Contact

For questions or further information please contact Jake Vreeburg with the House Republican Policy Committee by email or at 2-1374.