[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5077 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 5077

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for fiscal year 2017 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Authorization of appropriations for Privacy and Civil 
                            Liberties Oversight Board.
Sec. 304. Modification of certain whistleblowing procedures.
Sec. 305. Reports on major defense intelligence acquisition programs.
Sec. 306. Modifications to certain requirements for construction of 
                            facilities.
Sec. 307. Information on activities of Privacy and Civil Liberties 
                            Oversight Board.
Sec. 308. Clarification of authorization of certain activities of the 
                            Department of Energy.
Sec. 309. Technical correction to Executive Schedule.
Sec. 310. Maximum amount charged for declassification reviews.
  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Analyses and impact statements by Director of National 
                            Intelligence regarding actions by Committee 
                            on Foreign Investment in the United States.
Sec. 402. National Counterintelligence and Security Center.
Sec. 403. Assistance for governmental entities and private entities in 
                            recognizing online violent extremist 
                            content.
       Subtitle B--Central Intelligence Agency and Other Elements

Sec. 411. Enhanced death benefits for personnel of the Central 
                            Intelligence Agency.
Sec. 412. Pay and retirement authorities of the Inspector General of 
                            the Central Intelligence Agency.
Sec. 413. Clarification of authority, direction, and control over the 
                            information assurance directorate of the 
                            National Security Agency.
Sec. 414. Living quarters allowance for employees of the Defense 
                            Intelligence Agency.
Sec. 415. Plan on assumption of certain weather missions by the 
                            National Reconnaissance Office.
Sec. 416. Modernization of security clearance information technology 
                            architecture.
 TITLE V--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO 
                               BAY, CUBA

Sec. 501. Declassification of information on past terrorist activities 
                            of detainees transferred from United States 
                            Naval Station, Guantanamo Bay, Cuba, after 
                            signing of Executive Order No. 13492.
                  TITLE VI--REPORTS AND OTHER MATTERS

Sec. 601. Report on intelligence community employees detailed to 
                            National Security Council.
Sec. 602. Intelligence community reporting to Congress on foreign 
                            fighter flows.
Sec. 603. Report on information relating to academic programs, 
                            scholarships, fellowships, and internships 
                            sponsored, administered, or used by the 
                            intelligence community.
Sec. 604. Report on cybersecurity threats to seaports of the United 
                            States and maritime shipping.
Sec. 605. Report on counter-messaging activities.
Sec. 606. Report on reprisals against contractors of the intelligence 
                            community.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2017 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
103, the authorized personnel ceilings as of September 30, 2017, for 
the conduct of the intelligence activities of the elements listed in 
paragraphs (1) through (16) of section 101, are those specified in the 
classified Schedule of Authorizations prepared to accompany this Act.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of 
        Authorizations referred to in subsection (a) shall be made 
        available to the Committee on Appropriations of the Senate, the 
        Committee on Appropriations of the House of Representatives, 
        and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the 
                budget; or
                    (C) as otherwise required by law.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Increases.--The Director of National Intelligence 
may authorize employment of civilian personnel in excess of the number 
authorized for fiscal year 2017 by the classified Schedule of 
Authorizations referred to in section 102(a) if the Director of 
National Intelligence determines that such action is necessary to the 
performance of important intelligence functions, except that the number 
of personnel employed in excess of the number authorized under such 
section may not, for any element of the intelligence community, exceed 
3 percent of the number of civilian personnel authorized under such 
schedule for such element.
    (b) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 102(a), including any exemption from such 
personnel levels, of employment or assignment in--
            (1) a student program, trainee program, or similar program;
            (2) a reserve corps or as a reemployed annuitant; or
            (3) details, joint duty, or long-term, full-time training.
    (c) Notice to Congressional Intelligence Committees.--The Director 
of National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to each exercise of an 
authority described in subsection (a).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2017 the sum of 
$518,596,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2018.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 787 positions as of September 30, 2017. 
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 Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are 
        authorized to be appropriated for the Community Management 
        Account for fiscal year 2017 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for advanced 
        research and development shall remain available until September 
        30, 2018.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2017, 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 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2017 the sum of 
$514,000,000.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this 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 
such compensation or benefits authorized by law.

SEC. 302. 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 States.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR PRIVACY AND CIVIL 
              LIBERTIES OVERSIGHT BOARD.

    (a) Requirement for Authorizations.--Subsection (m) of section 1061 
of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 
U.S.C. 2000ee(m)) is amended to read as follows:
    ``(m) Funding.--
            ``(1) Specific authorization required.--Appropriated funds 
        available to the Board may be obligated or expended to carry 
        out activities under this section only if such funds were 
        specifically authorized by Congress for use for such activities 
        for such fiscal year.
            ``(2) Definition.--In this subsection, the term 
        `specifically authorized by Congress' has the meaning given 
        that term in section 504(e) of the National Security Act of 
        1947 (50 U.S.C. 3094(e)).''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Privacy and Civil Liberties Oversight Board for 
fiscal year 2017 the sum of $10,081,000 to carry out the activities of 
the Board under section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (42 U.S.C. 2000ee(m)).

SEC. 304. MODIFICATION OF CERTAIN WHISTLEBLOWING PROCEDURES.

    (a) Clarification of Whistleblowing Procedures Available to Certain 
Personnel.--Subsection (a)(1)(A) of section 8H of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by inserting after ``Security 
Agency,'' the following: ``including any such employee who is assigned 
or detailed to a combatant command or other element of the Federal 
Government,''.
    (b) Central Intelligence Agency.--
            (1) Role of director.--Section 17(d)(5) of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is 
        amended--
                    (A) in subparagraph (B)--
                            (i) by striking clause (ii);
                            (ii) by striking ``(i) Not'' and inserting 
                        ``Not''; and
                            (iii) by striking ``to the Director'' and 
                        inserting ``to the intelligence committees''; 
                        and
                    (B) in subparagraph (D)--
                            (i) in clause (i), by striking ``the 
                        Director'' and inserting ``the intelligence 
                        committees''; and
                            (ii) in clause (ii)--
                                    (I) in subclause (I), by striking 
                                ``the Director, through the Inspector 
                                General,'' and inserting ``the 
                                Inspector General''; and
                                    (II) in subclause (II), by striking 
                                ``the Director, through the Inspector 
                                General,'' and inserting ``the 
                                Inspector General, in consultation with 
                                the Director,''.
            (2) Conforming amendments.--
                    (A) Section 17(d)(5) of such Act is further 
                amended--
                            (i) by striking subparagraph (C); and
                            (ii) by redesignating subparagraphs (D) 
                        through (H) as subparagraphs (C) through (G), 
                        respectively.
                    (B) Section 3001(j)(1)(C)(ii) of the Intelligence 
                Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
                3341(j)(1)(C)(ii)) is amended by striking 
                ``subparagraphs (A), (D), and (H)'' and inserting 
                ``subparagraphs (A), (C), and (G)''.
    (c) Other Elements of Intelligence Community.--
            (1) Role of heads.--Section 8H of the Inspector General Act 
        of 1978 (5 U.S.C. App.) is amended--
                    (A) in subsection (b)--
                            (i) by striking paragraph (2);
                            (ii) by striking ``(1) Not'' and inserting 
                        ``Not''; and
                            (iii) by striking ``to the head of the 
                        establishment'' and inserting ``to the 
                        intelligence committees''; and
                    (B) in subsection (d)--
                            (i) in paragraph (1), by striking ``the 
                        head of the establishment'' and inserting ``the 
                        intelligence committees''; and
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``the head of the 
                                establishment, through the Inspector 
                                General,'' and inserting ``the 
                                Inspector General''; and
                                    (II) in subparagraph (B), by 
                                striking ``the head of the 
                                establishment, through the Inspector 
                                General,'' and inserting ``the 
                                Inspector General, in consultation with 
                                the head of the establishment,''.
            (2) Conforming amendments.--Section 8H of such Act is 
        further amended--
                    (A) by striking subsection (c);
                    (B) by redesignating subsections (d) through (i) as 
                subsections (c) through (h), respectively; and
                    (C) in subsection (e), as so redesignated, by 
                striking ``subsections (a) through (e)'' and inserting 
                ``subsections (a) through (d)''.
    (d) Office of the Director of National Intelligence.--
            (1) In general.--Section 103H(k)(5) of the National 
        Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended--
                    (A) in subparagraph (B), by striking ``to the 
                Director'' and inserting ``to the congressional 
                intelligence committees''; and
                    (B) in subparagraph (D)--
                            (i) in clause (i), by striking ``the 
                        Director'' and inserting ``the congressional 
                        intelligence committees''; and
                            (ii) in clause (ii)--
                                    (I) in subclause (I), by striking 
                                ``the Director, through the Inspector 
                                General,'' and inserting ``the 
                                Inspector General''; and
                                    (II) in subclause (II), by striking 
                                ``the Director, through the Inspector 
                                General,'' and inserting ``the 
                                Inspector General, in consultation with 
                                the Director,''.
            (2) Conforming amendments.--Section 103H(k)(5) of such Act 
        is further amended--
                    (A) by striking subparagraph (C); and
                    (B) by redesignating subparagraphs (D) through (I) 
                as subparagraphs (C) through (H), respectively.
    (e) Rule of Construction.--None of the amendments made by this 
section may be construed to prohibit or otherwise affect the authority 
of an Inspector General of an element of the intelligence community, 
the Inspector General of the Central Intelligence Agency, or the 
Inspector General of the Intelligence Community to notify the head of 
the element of the intelligence community, the Director of the Central 
Intelligence Agency, or the Director of National Intelligence, as the 
case may be, of a complaint or information otherwise authorized by law.

SEC. 305. REPORTS ON MAJOR DEFENSE INTELLIGENCE ACQUISITION PROGRAMS.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 3001 
et seq.) is amended by inserting after section 506J the following new 
section:

``SEC. 506K. REPORTS ON MAJOR DEFENSE INTELLIGENCE ACQUISITION PROGRAMS 
              AT EACH MILESTONE APPROVAL.

    ``(a) Report on Milestone A.--Not later than 15 days after granting 
Milestone A or equivalent approval for a major defense intelligence 
acquisition program, the milestone decision authority for the program 
shall submit to the appropriate congressional committees a report 
containing a brief summary of the following:
            ``(1) The estimated cost and schedule for the program 
        established by the military department concerned, including--
                    ``(A) the dollar values estimated for the program 
                acquisition unit cost and total life-cycle cost; and
                    ``(B) the planned dates for each program milestone 
                and initial operational capability.
            ``(2) The independent estimated cost for the program 
        established pursuant to section 2334(a)(6) of title 10, United 
        States Code, and any independent estimated schedule for the 
        program, including--
                    ``(A) the dollar values estimated for the program 
                acquisition unit cost and total life-cycle cost; and
                    ``(B) the planned dates for each program milestone 
                and initial operational capability.
            ``(3) A summary of the technical risks, including 
        cybersecurity risks and supply chain risks, associated with the 
        program, as determined by the military department concerned, 
        including identification of any critical technologies that need 
        to be matured.
            ``(4) A summary of the sufficiency review conducted by the 
        Director of Cost Assessment and Program Evaluation of the 
        Department of Defense of the analysis of alternatives performed 
        for the program (as referred to in section 2366a(b)(6) of such 
        title).
            ``(5) Any other information the milestone decision 
        authority considers relevant.
    ``(b) Report on Milestone B.--Not later than 15 days after granting 
Milestone B or equivalent approval for a major defense intelligence 
acquisition program, the milestone decision authority for the program 
shall submit to the appropriate congressional committees a report 
containing a brief summary of the following:
            ``(1) The estimated cost and schedule for the program 
        established by the military department concerned, including--
                    ``(A) the dollar values estimated for the program 
                acquisition unit cost, average procurement unit cost, 
                and total life-cycle cost; and
                    ``(B) the planned dates for each program milestone, 
                initial operational test and evaluation, and initial 
                operational capability.
            ``(2) The independent estimated cost for the program 
        established pursuant to section 2334(a)(6) of title 10, United 
        States Code, and any independent estimated schedule for the 
        program, including--
                    ``(A) the dollar values estimated for the program 
                acquisition unit cost, average procurement unit cost, 
                and total life-cycle cost; and
                    ``(B) the planned dates for each program milestone, 
                initial operational test and evaluation, and initial 
                operational capability.
            ``(3) A summary of the technical risks, including 
        cybersecurity risks and supply chain risks, associated with the 
        program, as determined by the military department concerned, 
        including identification of any critical technologies that have 
        not been successfully demonstrated in a relevant environment.
            ``(4) A summary of the sufficiency review conducted by the 
        Director of Cost Assessment and Program Evaluation of the 
        analysis of alternatives performed for the program pursuant to 
        section 2366a(b)(6) of such title.
            ``(5) A statement of whether the preliminary design review 
        for the program described in section 2366b(a)(1) of such title 
        has been completed.
            ``(6) Any other information the milestone decision 
        authority considers relevant.
    ``(c) Report on Milestone C.--Not later than 15 days after granting 
Milestone C or equivalent approval for a major defense intelligence 
acquisition program, the milestone decision authority for the program 
shall submit to the appropriate congressional committees a report 
containing a brief summary of the following:
            ``(1) The estimated cost and schedule for the program 
        established by the military department concerned, including--
                    ``(A) the dollar values estimated for the program 
                acquisition unit cost, average procurement unit cost, 
                and total life-cycle cost; and
                    ``(B) the planned dates for initial operational 
                test and evaluation and initial operational capability.
            ``(2) The independent estimated cost for the program 
        established pursuant to section 2334(a)(6) of title 10, United 
        States Code, and any independent estimated schedule for the 
        program, including--
                    ``(A) the dollar values estimated for the program 
                acquisition unit cost, average procurement unit cost, 
                and total life-cycle cost; and
                    ``(B) the planned dates for initial operational 
                test and evaluation and initial operational capability.
            ``(3) The cost and schedule estimates approved by the 
        milestone decision authority for the program.
            ``(4) A summary of the production, manufacturing, and 
        fielding risks, including cybersecurity risks and supply chain 
        risks, associated with the program.
            ``(5) Any other information the milestone decision 
        authority considers relevant.
    ``(d) Initial Operating Capability or Full Operating Capability.--
Not later than 15 days after a major defense intelligence acquisition 
program reaches initial operating capability or full operating 
capability, the milestone decision authority for the program shall 
notify the appropriate congressional committees of the program reaching 
such capability.
    ``(e) Additional Information.--At the request of any of the 
appropriate congressional committees, the milestone decision authority 
shall submit to the appropriate congressional committees further 
information or underlying documentation for the information in a report 
submitted under subsection (a), (b), or (c), including the independent 
cost and schedule estimates and the independent technical risk 
assessments referred to in those subsections.
    ``(f) Nonduplication of Effort.--If any information required under 
this section has been included in another report or assessment 
previously submitted to the congressional intelligence committees under 
sections 506A, 506C, or 506E, the milestone decision authority may 
provide a list of such reports and assessments at the time of 
submitting a report required under this section instead of including 
such information in such report.
    ``(g) Definitions.--In this section:
            ``(1) The term `appropriate congressional committees' means 
        the congressional intelligence committees and the congressional 
        defense committees (as defined in section 101(a)(16) of title 
        10, United States Code).
            ``(2) The term `major defense intelligence acquisition 
        program' means a major defense acquisition program (as defined 
        in section 2430 of title 10, United States Code) that relates 
        to intelligence or intelligence-related activities.
            ``(3) The term `Milestone A approval' has the meaning given 
        that term in section 2366a(d) of title 10, United States Code.
            ``(4) The terms `Milestone B approval' and `Milestone C 
        approval' have the meaning given those terms in section 2366(e) 
        of such title.
            ``(5) The term `milestone decision authority' has the 
        meaning given that term in section 2366a(d) of such title.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the National Security Act of 1947 is amended by inserting after the 
item relating to section 506J the following new item:

``Sec. 506K. Reports on major defense intelligence acquisition programs 
                            at each milestone approval.''.

SEC. 306. MODIFICATIONS TO CERTAIN REQUIREMENTS FOR CONSTRUCTION OF 
              FACILITIES.

    (a) Inclusion in Budget Requests of Certain Projects.--Section 8131 
of the Department of Defense Appropriations Act, 1995 (Public Law 103-
335; 50 U.S.C. 3303) is repealed.
    (b) Notification.--Section 602(a)(2) of the Intelligence 
Authorization Act for Fiscal Year 1995 (Public Law 103-359; 50 U.S.C. 
3304(a)(2)) is amended by striking ``improvement project to'' and 
inserting ``project for the improvement, repair, or modification of''.

SEC. 307. INFORMATION ON ACTIVITIES OF PRIVACY AND CIVIL LIBERTIES 
              OVERSIGHT BOARD.

    Section 1061(d) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee(d)) is further amended by adding at the 
end the following new paragraph:
            ``(5) Information.--
                    ``(A) Activities.--In addition to the reports 
                submitted to Congress under subsection (e)(1)(B), the 
                Board shall ensure that each official and congressional 
                committee specified in subparagraph (B) is kept fully 
                and currently informed of the activities of the Board, 
                including any significant anticipated activities.
                    ``(B) Officials and congressional committees 
                specified.--The officials and congressional committees 
                specified in this subparagraph are the following:
                            ``(i) The Director of National 
                        Intelligence.
                            ``(ii) The head of any element of the 
                        intelligence community (as defined in section 
                        3(4) of the National Security Act of 1947 (50 
                        U.S.C. 3003(4)) the activities of which are, or 
                        are anticipated to be, the subject of the 
                        review or advice of the Board.
                            ``(iii) The Permanent Select Committee on 
                        Intelligence of the House of Representatives 
                        and the Select Committee on Intelligence of the 
                        Senate.''.

SEC. 308. CLARIFICATION OF AUTHORIZATION OF CERTAIN ACTIVITIES OF THE 
              DEPARTMENT OF ENERGY.

    Funds appropriated for fiscal year 2016 for intelligence and 
intelligence-related activities of the Department of Energy shall be 
deemed to be authorized to be appropriated for such activities, 
including for purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 3094).

SEC. 309. TECHNICAL CORRECTION TO EXECUTIVE SCHEDULE.

    Section 5313 of title 5, United States Code, is amended by striking 
the item relating to ``Director of the National Counter Proliferation 
Center.''.

SEC. 310. MAXIMUM AMOUNT CHARGED FOR DECLASSIFICATION REVIEWS.

    In reviewing and processing a request by a person for the mandatory 
declassification of information pursuant to Executive Order No. 13526, 
a successor Executive order, or any other provision of law, the head of 
an element of the intelligence community--
            (1) may not charge the person reproduction fees in excess 
        of the amount of fees that the head would charge the person for 
        reproduction required in the course of processing a request for 
        information under section 552 of title 5, United States Code 
        (commonly referred to as the ``Freedom of Information Act''); 
        and
            (2) may waive or reduce any processing fees in the same 
        manner as the head waives or reduces fees under such section 
        552.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

SEC. 401. ANALYSES AND IMPACT STATEMENTS BY DIRECTOR OF NATIONAL 
              INTELLIGENCE REGARDING ACTIONS BY COMMITTEE ON FOREIGN 
              INVESTMENT IN THE UNITED STATES.

    Section 721(b)(4) of the Defense Production Act of 1950 (50 U.S.C. 
4565) is amended by adding at the end the following new subparagraphs:
                    ``(E) Submission to congressional intelligence 
                committees.--Not later than 5 days after the completion 
                of a review or an investigation of a covered 
                transaction under this subsection that concludes action 
                under this section, the Director shall submit to the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives and the Select Committee on 
                Intelligence of the Senate an analysis under 
                subparagraph (A) relating to such covered transaction 
                previously provided to the Committee, including any 
                supplements or amendments to such analysis made by the 
                Director.
                    ``(F) Impact statements.--Not later than 60 days 
                after the completion of a review or an investigation of 
                a covered transaction under this subsection that 
                concludes action under this section, the Director shall 
                determine whether the covered transaction will have an 
                operational impact on the intelligence community, and, 
                if so, shall submit a report on such impact to the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives and the Select Committee on 
                Intelligence of the Senate. Each such report shall--
                            ``(i) describe the operational impact of 
                        the covered transaction on the intelligence 
                        community; and
                            ``(ii) describe any actions that have been 
                        or will be taken to mitigate such impact.''.

SEC. 402. NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER.

    (a) Redesignation of Office of National Counterintelligence 
Executive.--Section 904 of the Counterintelligence Enhancement Act of 
2002 (50 U.S.C. 3383) is amended--
            (1) by striking ``Office of the National 
        Counterintelligence Executive'' each place it appears 
        (including in the section heading) and inserting ``National 
        Counterintelligence and Security Center'';
            (2) by striking ``National Counterintelligence Executive'' 
        each place it appears and inserting ``Director of the National 
        Counterintelligence and Security Center'';
            (3) in the headings of subsections (b) and (c), by striking 
        ``of Office'' both places it appears and inserting ``Center'';
            (4) in subsection (d)--
                    (A) in paragraph (5)(C), by striking ``by the 
                Office'' and inserting ``by the Center''; and
                    (B) in paragraph (6), by striking ``that the 
                Office'' and inserting ``that the Center'';
            (5) in subsection (f)(1), by striking ``by the Office'' and 
        inserting ``by the Center'';
            (6) in subsection (g), by striking ``of the Office'' and 
        inserting ``of the Center''; and
            (7) in subsection (h), by striking ``of the Office'' each 
        place it appears and inserting ``of the Center''.
    (b) Redesignation of National Counterintelligence Executive.--
Section 902 of such Act (50 U.S.C. 3382) is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:
    ``(a) Establishment.--There shall be a Director of the National 
Counterintelligence and Security Center (referred to in this section as 
`the Director'), who shall be appointed by the President, by and with 
the advice and consent of the Senate.'';
            (2) by striking ``National Counterintelligence Executive'' 
        each place it appears (including the section heading) and 
        inserting ``Director of the National Counterintelligence and 
        Security Center''; and
            (3) by striking ``Office of the National 
        Counterintelligence Executive'' each place it appears and 
        inserting ``National Counterintelligence and Security Center''.
    (c) Conforming Amendments.--
            (1) National security act of 1947.--The National Security 
        Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
                    (A) in section 102A(f)(2), by inserting after 
                ``Counterterrorism Center'' the following: ``, the 
                National Counterproliferation Center, and the National 
                Counterintelligence and Security Center,'';
                    (B) in section 103(c)(8), by striking ``National 
                Counterintelligence Executive (including the Office of 
                the National Counterintelligence Executive)'' and 
                inserting ``Director of the National 
                Counterintelligence and Security Center''; and
                    (C) in section 103F, by striking ``National 
                Counterintelligence Executive'' each place it appears 
                (including in the headings) and inserting ``Director of 
                the National Counterintelligence and Security Center''.
            (2) Intelligence authorization act for fiscal year 1995.--
        Section 811 of the Counterintelligence and Security 
        Enhancements Act of 1994 (title VIII of Public Law 103-359; 50 
        U.S.C. 3381) is amended--
                    (A) in subsections (b) and (c)(1), by striking 
                ``The National Counterintelligence Executive'' and 
                inserting ``The Director of the National 
                Counterintelligence and Security Center''; and
                    (B) in subsection (d)(1)(B)(ii)--
                            (i) by striking ``to the National 
                        Counterintelligence Executive'' and inserting 
                        ``to the Director of the National 
                        Counterintelligence and Security Center''; and
                            (ii) by striking ``Office of the National 
                        Counterintelligence Executive'' and inserting 
                        ``National Counterintelligence and Security 
                        Center''.
            (3) Intelligence authorization act for fiscal year 2004.--
        Section 341(b) of the Intelligence Authorization Act for Fiscal 
        Year 2004 (Public Law 108-177; 28 U.S.C. 519 note) is amended 
        by striking ``Office of the National Counterintelligence 
        Executive'' and inserting ``National Counterintelligence and 
        Security Center''.
    (d) Clerical Amendment.--The table of sections in the first section 
of the National Security Act of 1947 is amended by striking the item 
relating to section 103F and inserting the following:

``Sec. 103F. Director of the National Counterintelligence and Security 
                            Center.''.
    (e) Conforming Style.--Any new language inserted or added to a 
provision of law by the amendments made by this section shall conform 
to the typeface and typestyle of the matter in which the language is so 
inserted or added.
    (f) Technical Effective Date.--The amendment made by subsection (a) 
of section 401 of the Intelligence Authorization Act for Fiscal Year 
2016 (division M of Public Law 114-113) shall not take effect, or, if 
the date of the enactment of this Act is on or after the effective date 
specified in subsection (b) of such section, such amendment shall be 
deemed to not have taken effect.

SEC. 403. ASSISTANCE FOR GOVERNMENTAL ENTITIES AND PRIVATE ENTITIES IN 
              RECOGNIZING ONLINE VIOLENT EXTREMIST CONTENT.

    (a) Assistance To Recognize Online Violent Extremist Content.--Not 
later than 180 days after the date of the enactment of this Act, the 
Director of National Intelligence shall publish on a publicly available 
Internet website a list of all logos, symbols, insignia, and other 
markings commonly associated with, or adopted by, an organization 
designated by the Secretary of State as a foreign terrorist 
organization under section 219(a) of the Immigration and Nationality 
Act (8 U.S.C. 1189(a)).
    (b) Updates.--The Director shall update the list published under 
subsection (a) every 180 days or more frequently as needed.

       Subtitle B--Central Intelligence Agency and Other Elements

SEC. 411. ENHANCED DEATH BENEFITS FOR PERSONNEL OF THE CENTRAL 
              INTELLIGENCE AGENCY.

    Section 11 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3511) is amended to read as follows:

        ``benefits available in event of the death of personnel

    ``Sec. 11.  (a) Authority.--The Director may pay death benefits 
substantially similar to those authorized for members of the Foreign 
Service pursuant to the Foreign Service Act of 1980 (22 U.S.C. 3901 et 
seq.) or any other provision of law. The Director may adjust the 
eligibility for death benefits as necessary to meet the unique 
requirements of the mission of the Agency.
    ``(b) Regulations.--Regulations issued pursuant to this section 
shall be submitted to the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on Intelligence 
of the Senate before such regulations take effect.''.

SEC. 412. PAY AND RETIREMENT AUTHORITIES OF THE INSPECTOR GENERAL OF 
              THE CENTRAL INTELLIGENCE AGENCY.

    (a) In General.--Section 17(e)(7) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 3517(e)(7)) is amended by adding at the 
end the following new subparagraph:
    ``(C)(i) The Inspector General may designate an officer or employee 
appointed in accordance with subparagraph (A) as a law enforcement 
officer solely for purposes of subchapter III of chapter 83 or chapter 
84 of title 5, United States Code, if such officer or employee is 
appointed to a position with responsibility for investigating suspected 
offenses against the criminal laws of the United States.
    ``(ii) In carrying out clause (i), the Inspector General shall 
ensure that any authority under such clause is exercised in a manner 
consistent with section 3307 of title 5, United States Code, as it 
relates to law enforcement officers.
    ``(iii) For purposes of applying sections 3307(d), 8335(b), and 
8425(b) of title 5, United States Code, the Inspector General may 
exercise the functions, powers, and duties of an agency head or 
appointing authority with respect to the Office.''.
    (b) Rule of Construction.--Subparagraph (C) of section 17(e)(7) of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(7)), as 
added by subsection (a), may not be construed to confer on the 
Inspector General of the Central Intelligence Agency, or any other 
officer or employee of the Agency, any police or law enforcement or 
internal security functions or authorities.

SEC. 413. CLARIFICATION OF AUTHORITY, DIRECTION, AND CONTROL OVER THE 
              INFORMATION ASSURANCE DIRECTORATE OF THE NATIONAL 
              SECURITY AGENCY.

    Section 142(b)(1) of title 10, United States Code, is amended--
            (1) in subparagraph (B), by striking the semicolon and 
        inserting ``; and'';
            (2) in subparagraph (C), by striking ``; and'' and 
        inserting a period; and
            (3) by striking subparagraph (D).

SEC. 414. LIVING QUARTERS ALLOWANCE FOR EMPLOYEES OF THE DEFENSE 
              INTELLIGENCE AGENCY.

    (a) Prohibition.--Notwithstanding sections 1603 and 1605 of title 
10, United States Code, and subchapter III of chapter 59 of title 5, a 
civilian employee of the Defense Intelligence Agency who is assigned to 
a directorate of a geographic combatant command that is headquartered 
outside of the United States may not receive a living quarters 
allowance.
    (b) Application.--Subsection (a) shall apply with respect to a pay 
period beginning on or after the date that is 1 year after the date of 
the enactment of this Act.

SEC. 415. PLAN ON ASSUMPTION OF CERTAIN WEATHER MISSIONS BY THE 
              NATIONAL RECONNAISSANCE OFFICE.

    (a) Plan.--
            (1) In general.--The Director of the National 
        Reconnaissance Office shall develop a plan for the National 
        Reconnaissance Office to address how to carry out covered 
        space-based environmental monitoring missions. Such plan shall 
        include--
                    (A) a description of the related national security 
                requirements for such missions;
                    (B) a description of the appropriate manner to meet 
                such requirements; and
                    (C) the amount of funds that would be necessary to 
                be transferred from the Air Force to the National 
                Reconnaissance Office during fiscal years 2018 through 
                2022 to carry out such plan.
            (2) Activities.--In developing the plan under paragraph 
        (1), the Director may conduct pre-acquisition activities, 
        including with respect to requests for information, analyses of 
        alternatives, study contracts, modeling and simulation, and 
        other activities the Director determines necessary to develop 
        such plan.
            (3) Submission.--Not later than the date on which the 
        President submits to Congress the budget for fiscal year 2018 
        under section 1105(a) of title 31, United States Code, the 
        Director shall submit to the appropriate congressional 
        committees the plan under paragraph (1).
    (b) Independent Cost Estimate.--The Director of the Cost Assessment 
Improvement Group of the Office of the Director of National 
Intelligence, in coordination with the Director of Cost Assessment and 
Program Evaluation of the Department of Defense, shall certify to the 
appropriate congressional committees that the amounts of funds 
identified under subsection (a)(1)(C) as being necessary to transfer 
are appropriate and include funding for positions and personnel to 
support program office costs.
    (c) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the congressional intelligence committees; and
                    (B) the congressional defense committees (as 
                defined in section 101(a)(16) of title 10, United 
                States Code).
            (2) The term ``covered space-based environmental monitoring 
        missions'' means the acquisition programs necessary to meet the 
        national security requirements for cloud characterization and 
        theater weather imagery.

SEC. 416. MODERNIZATION OF SECURITY CLEARANCE INFORMATION TECHNOLOGY 
              ARCHITECTURE.

    (a) In General.--The Director of National Intelligence shall 
support the Director of the Office of Personnel Management and the 
Secretary of Defense in the efforts of the Secretary to develop and 
implement an information technology system (in this section referred to 
as the ``System'') to--
            (1) modernize and sustain the security clearance 
        information architecture of the National Background 
        Investigations Bureau and the Department of Defense;
            (2) support decisionmaking processes for the evaluation and 
        granting of personnel security clearances;
            (3) improve cybersecurity capabilities with respect to 
        sensitive security clearance data and processes;
            (4) reduce the complexity and cost of the security 
        clearance process;
            (5) provide information to managers on the financial and 
        administrative costs of the security clearance process;
            (6) strengthen the ties between counterintelligence and 
        personnel security communities; and
            (7) improve system standardization in the security 
        clearance process.
    (b) Guidance.--The Director of National Intelligence shall support 
the Director of the Office of Personnel Management and the Secretary of 
Defense in the efforts of the Director of the Office of Personnel 
Management and the Secretary to issue guidance establishing the 
respective roles, responsibilities, and obligations of the Director of 
the Office of Personnel Management, the Secretary, and the Director of 
National Intelligence, with respect to the development and 
implementation of the System.

 TITLE V--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO 
                               BAY, CUBA

SEC. 501. DECLASSIFICATION OF INFORMATION ON PAST TERRORIST ACTIVITIES 
              OF DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
              STATION, GUANTANAMO BAY, CUBA, AFTER SIGNING OF EXECUTIVE 
              ORDER NO. 13492.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Director of National Intelligence shall--
            (1) in the manner described in the classified annex that 
        accompanies this Act--
                    (A) complete a declassification review of 
                intelligence reports prepared by the National 
                Counterterrorism Center prior to Periodic Review Board 
                sessions or detainee transfers on the past terrorist 
                activities of individuals detained at United States 
                Naval Station, Guantanamo Bay, Cuba, who were 
                transferred or released from United States Naval 
                Station, Guantanamo Bay, Cuba, after the signing of 
                Executive Order No. 13492 (relating to the closure of 
                the detention facility at United States Naval Station, 
                Guantanamo Bay, Cuba); and
                    (B) make available to the public any information 
                declassified as a result of the declassification 
                review; and
            (2) submit to the congressional intelligence committees a 
        report setting forth--
                    (A) the results of the declassification review; and
                    (B) if any information covered by the 
                declassification review was not declassified pursuant 
                to the review, a justification for the determination 
                not to declassify such information.
    (b) Past Terrorist Activities.--For purposes of this section, the 
past terrorist activities of an individual shall include the terrorist 
activities conducted by the individual before the transfer of the 
individual to the detention facility at United States Naval Station, 
Guantanamo Bay, Cuba, including, at a minimum, the following:
            (1) The terrorist organization, if any, with which 
        affiliated.
            (2) The terrorist training, if any, received.
            (3) The role in past terrorist attacks against the 
        interests or allies of the United States.
            (4) The direct responsibility, if any, for the death of 
        citizens of the United States or members of the Armed Forces.
            (5) Any admission of any matter specified in paragraphs (1) 
        through (4).

                  TITLE VI--REPORTS AND OTHER MATTERS

SEC. 601. REPORT ON INTELLIGENCE COMMUNITY EMPLOYEES DETAILED TO 
              NATIONAL SECURITY COUNCIL.

    Not later than 60 days after the date of the enactment of this Act, 
the Director of National Intelligence shall submit to the congressional 
intelligence committees a report listing, by year, the number of 
employees of an element of the intelligence community who have been 
detailed to the National Security Council during the 10-year period 
preceding the date of the report.

SEC. 602. INTELLIGENCE COMMUNITY REPORTING TO CONGRESS ON FOREIGN 
              FIGHTER FLOWS.

    (a) Reports Required.--Not later than 60 days after the date of the 
enactment of this Act, and every 180 days thereafter, the Director of 
National Intelligence, consistent with the protection of intelligence 
sources and methods, shall submit to the appropriate congressional 
committees a report on foreign fighter flows to and from terrorist safe 
havens abroad.
    (b) Contents.--Each report submitted under subsection (a) shall 
include, with respect to each terrorist safe haven, the following:
            (1) The total number of foreign fighters who have traveled 
        or are suspected of having traveled to the terrorist safe haven 
        since 2011, including the countries of origin of such foreign 
        fighters.
            (2) The total number of United States citizens present in 
        the terrorist safe haven.
            (3) The total number of foreign fighters who have left the 
        terrorist safe haven or whose whereabouts are unknown.
    (c) Form.--The reports submitted under subsection (a) may be 
submitted in classified form. If such a report is submitted in 
classified form, such report shall also include an unclassified 
summary.
    (d) Sunset.--The requirement to submit reports under subsection (a) 
shall terminate on the date that is two years after the date of the 
enactment of this Act.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) in the Senate--
                    (A) the Committee on Armed Services;
                    (B) the Select Committee on Intelligence;
                    (C) the Committee on the Judiciary;
                    (D) the Committee on Homeland Security and 
                Governmental Affairs;
                    (E) the Committee on Banking, Housing, and Urban 
                Affairs;
                    (F) the Committee on Foreign Relations; and
                    (G) the Committee on Appropriations; and
            (2) in the House of Representatives--
                    (A) the Committee on Armed Services;
                    (B) the Permanent Select Committee on Intelligence;
                    (C) the Committee on the Judiciary;
                    (D) the Committee on Homeland Security;
                    (E) the Committee on Financial Services;
                    (F) the Committee on Foreign Affairs; and
                    (G) the Committee on Appropriations.

SEC. 603. REPORT ON INFORMATION RELATING TO ACADEMIC PROGRAMS, 
              SCHOLARSHIPS, FELLOWSHIPS, AND INTERNSHIPS SPONSORED, 
              ADMINISTERED, OR USED BY THE INTELLIGENCE COMMUNITY.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to 
Congress a report by the intelligence community regarding covered 
academic programs. Such report shall include--
            (1) a description of the extent to which the Director and 
        the heads of the elements of the intelligence community 
        independently collect information on covered academic programs, 
        including with respect to--
                    (A) the number of applicants for such programs;
                    (B) the number of individuals who have participated 
                in such programs; and
                    (C) the number of individuals who have participated 
                in such programs and were hired by an element of the 
                intelligence community after completing such program;
            (2) to the extent that the Director and the heads 
        independently collect the information described in paragraph 
        (1), a chart, table, or other compilation illustrating such 
        information for each covered academic program and element of 
        the intelligence community, as appropriate, during the 3-year 
        period preceding the date of the report; and
            (3) to the extent that the Director and the heads do not 
        independently collect the information described in paragraph 
        (1) as of the date of the report--
                    (A) whether the Director and the heads can begin 
                collecting such information during fiscal year 2017; 
                and
                    (B) the personnel, tools, and other resources 
                required by the Director and the heads to independently 
                collect such information.
    (b) Covered Academic Programs Defined.--In this section, the term 
``covered academic programs'' means--
            (1) the Federal Cyber Scholarship-for-Service Program under 
        section 302 of the Cybersecurity Enhancement Act of 2014 (15 
        U.S.C. 7442);
            (2) the National Security Education Program under the David 
        L. Boren National Security Education Act of 1991 (50 U.S.C. 
        1901 et seq.);
            (3) the Science, Mathematics, and Research for 
        Transformation Defense Education Program under section 2192a of 
        title 10, United States Code;
            (4) the National Centers of Academic Excellence in 
        Information Assurance and Cyber Defense of the National 
        Security Agency and the Department of Homeland Security; and
            (5) any other academic program, scholarship program, 
        fellowship program, or internship program sponsored, 
        administered, or used by an element of the intelligence 
        community.

SEC. 604. REPORT ON CYBERSECURITY THREATS TO SEAPORTS OF THE UNITED 
              STATES AND MARITIME SHIPPING.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Homeland Security for 
Intelligence and Analysis, in consultation with the Director of 
National Intelligence, and consistent with the protection of sources 
and methods, shall submit to the appropriate congressional committees a 
report on the cybersecurity threats to, and the cyber vulnerabilities 
within, the software, communications networks, computer networks, or 
other systems employed by--
            (1) entities conducting significant operations at seaports 
        in the United States;
            (2) the maritime shipping concerns of the United States; 
        and
            (3) entities conducting significant operations at 
        transshipment points in the United States.
    (b) Matters Included.--The report under subsection (a) shall 
include the following:
            (1) A description of any recent and significant 
        cyberattacks or cybersecurity threats directed against 
        software, communications networks, computer networks, or other 
        systems employed by the entities and concerns described in 
        paragraphs (1) through (3) of subsection (a).
            (2) An assessment of--
                    (A) any planned cyberattacks directed against such 
                software, networks, and systems;
                    (B) any significant vulnerabilities to such 
                software, networks, and systems; and
                    (C) how such entities and concerns are mitigating 
                such vulnerabilities.
            (3) An update on the status of the efforts of the Coast 
        Guard to include cybersecurity concerns in the National 
        Response Framework, Emergency Support Functions, or both, 
        relating to the shipping or ports of the United States.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.

SEC. 605. REPORT ON COUNTER-MESSAGING ACTIVITIES.

    (a) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Under Secretary of Homeland Security for Intelligence 
and Analysis, consistent with the protection of sources and methods, 
shall submit to the appropriate congressional committees a report on 
the counter-messaging activities of the Department of Homeland Security 
with respect to the Islamic State and other extremist groups.
    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) A description of whether, and to what extent, the 
        Secretary of Homeland Security, in conducting counter-messaging 
        activities with respect to the Islamic State and other 
        extremist groups, consults or coordinates with the Secretary of 
        State, regarding the counter-messaging activities undertaken by 
        the Department of State with respect to the Islamic State and 
        other extremist groups, including counter-messaging activities 
        conducted by the Global Engagement Center of the Department of 
        State.
            (2) Any criteria employed by the Secretary of Homeland 
        Security for selecting, developing, promulgating, or changing 
        the counter-messaging approach of the Department of Homeland 
        Security, including any counter-messaging narratives, with 
        respect to the Islamic State and other extremist groups.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees; and
            (2) the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.

SEC. 606. REPORT ON REPRISALS AGAINST CONTRACTORS OF THE INTELLIGENCE 
              COMMUNITY.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Inspector General of the Intelligence 
Community, consistent with the protection of sources and methods, shall 
submit to the appropriate congressional committees a report on 
reprisals made against covered contractor employees.
    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) Identification of the number of known or suspected 
        reprisals made against covered contractor employees during the 
        5-year period preceding the date of the report.
            (2) An evaluation of the usefulness of establishing in law 
        a prohibition on reprisals against covered contractor employees 
        as a means of encouraging such contractors to make protected 
        disclosures.
            (3) A description of any challenges associated with 
        establishing in law such a prohibition, including with respect 
        to the nature of the relationship between the Federal 
        Government, the contractor, and the covered contractor 
        employee.
            (4) A description of any approaches taken by the Federal 
        Government to account for reprisals against non-intelligence 
        community contractors who make protected disclosures, including 
        pursuant to section 2409 of title 10, United States Code, and 
        sections 4705 and 4712 of title 41, United States Code.
            (5) Any recommendations the Inspector General determines 
        appropriate.
    (c) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the congressional intelligence committees; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate.
            (2) The term ``covered contractor employee'' means an 
        employee of a contractor of an element of the intelligence 
        community.
            (3) The term ``reprisal'' means the discharge, demotion, or 
        other discriminatory personnel action made against a covered 
        contractor employee for making a disclosure of information that 
        would be a disclosure protected by law if the contractor were 
        an employee of the Federal Government.

            Passed the House of Representatives May 24, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 5077

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for fiscal year 2017 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.