[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6393 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 6393

_______________________________________________________________________

                                 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 INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 303. Support to nonprofit organizations assisting intelligence 
                            community employees.
Sec. 304. Promotion of science, technology, engineering, and math 
                            education in the intelligence community.
Sec. 305. Retention of employees of the intelligence community who have 
                            science, technology, engineering, or math 
                            expertise.
Sec. 306. Modifications to certain requirements for construction of 
                            facilities.
Sec. 307. Protections for independent inspectors general of certain 
                            elements of the intelligence community.
Sec. 308. Modification of certain whistleblowing procedures.
Sec. 309. Congressional oversight of policy directives and guidance.
Sec. 310. Notification of memoranda of understanding.
Sec. 311. Technical correction to Executive Schedule.
Sec. 312. 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. Designation of the Director of the National 
                            Counterintelligence and Security Center.
Sec. 402. Analyses and impact statements by Director of National 
                            Intelligence regarding investment into the 
                            United States.
Sec. 403. Assistance for governmental entities and private entities in 
                            recognizing online violent extremist 
                            content.
                Subtitle B--Central Intelligence Agency

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.
                       Subtitle C--Other Elements

Sec. 421. Clarification of authority, direction, and control over the 
                            information assurance directorate of the 
                            National Security Agency.
Sec. 422. Enhancing the technical workforce for the Federal Bureau of 
                            Investigation.
Sec. 423. Plan on assumption of certain weather missions by the 
                            National Reconnaissance Office.
             TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

Sec. 501. Committee to counter active measures by the Russian 
                            Federation to exert covert influence over 
                            peoples and governments.
Sec. 502. Limitation on travel of accredited diplomats and consulars of 
                            the Russian Federation in the United States 
                            from their diplomatic post.
Sec. 503. Study and report on enhanced intelligence and information 
                            sharing with Open Skies Treaty member 
                            states.
         TITLE VI--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

Sec. 601. Information on activities of the Privacy and Civil Liberties 
                            Oversight Board.
Sec. 602. Authorization of appropriations for Privacy and Civil 
                            Liberties Oversight Board.
                  TITLE VII--REPORTS AND OTHER MATTERS

Sec. 701. Declassification review with respect to detainees transferred 
                            from United States Naval Station, 
                            Guantanamo Bay, Cuba.
Sec. 702. Cyber Center for Education and Innovation Home of the 
                            National Cryptologic Museum.
Sec. 703. Oversight of national security systems.
Sec. 704. Joint facilities certification.
Sec. 705. Leadership and management of space activities.
Sec. 706. Advances in life sciences and biotechnology.
Sec. 707. Reports on declassification proposals.
Sec. 708. Improvement in Government classification and 
                            declassification.
Sec. 709. Report on implementation of research and development 
                            recommendations.
Sec. 710. Report on Intelligence Community Research and Development 
                            Corps.
Sec. 711. Report on information relating to academic programs, 
                            scholarships, fellowships, and internships 
                            sponsored, administered, or used by the 
                            intelligence community.
Sec. 712. Report on intelligence community employees detailed to 
                            National Security Council.
Sec. 713. Intelligence community reporting to Congress on foreign 
                            fighter flows.
Sec. 714. Report on cybersecurity threats to seaports of the United 
                            States and maritime shipping.
Sec. 715. Report on counter-messaging activities.
Sec. 716. 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.--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 referred to in 
        subsection (a), or of appropriate portions of such 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).
    (d) Contractor Conversions.--
            (1) Authority for increases.--In addition to the authority 
        under subsection (a), the Director of National Intelligence may 
        authorize employment of civilian personnel in an element of the 
        intelligence community in excess of the number authorized for 
        fiscal year 2017 by the classified Schedule of Authorizations 
        referred to in section 102(a), as such number may be increased 
        pursuant to subsection (a), if--
                    (A) the Director determines that the increase under 
                this paragraph is necessary to convert the performance 
                of any function of the element by contractors to 
                performance by civilian personnel; and
                    (B) the number of civilian personnel of the element 
                employed in excess of the number authorized under such 
                section 102(a), as such number may be increased 
                pursuant to both subsection (a) and this paragraph, 
                does not exceed 10 percent of the number of civilian 
                personnel authorized under such schedule for the 
                element.
            (2) Notice to congressional intelligence committees.--Not 
        less than 30 days prior to exercising the authority described 
        in paragraph (1), the Director of National Intelligence shall 
        submit to the congressional intelligence committees, in 
        writing--
                    (A) notification of exercising such authority;
                    (B) justification for making the conversion 
                described in subparagraph (A) of such paragraph; and
                    (C) certification that such conversion is cost 
                effective.

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 
$559,796,000. 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 INTELLIGENCE COMMUNITY MATTERS

SEC. 301. 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. 302. 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. 303. SUPPORT TO NONPROFIT ORGANIZATIONS ASSISTING INTELLIGENCE 
              COMMUNITY EMPLOYEES.

    (a) Director of National Intelligence.--Section 102A of the 
National Security Act of 1947 (50 U.S.C. 3024) is amended by adding at 
the end the following:
    ``(y) Fundraising.--(1) The Director of National Intelligence may 
engage in fundraising in an official capacity for the benefit of 
nonprofit organizations that--
            ``(A) provide support to surviving family members of a 
        deceased employee of an element of the intelligence community; 
        or
            ``(B) otherwise provide support for the welfare, education, 
        or recreation of employees of an element of the intelligence 
        community, former employees of an element of the intelligence 
        community, or family members of such employees.
    ``(2) In this subsection, the term `fundraising' means the raising 
of funds through the active participation in the promotion, production, 
or presentation of an event designed to raise funds and does not 
include the direct solicitation of money by any other means.
    ``(3) Not later than 7 days after the date the Director engages in 
fundraising authorized by this subsection or at the time the decision 
is made to participate in such fundraising, the Director shall notify 
the congressional intelligence committees of such fundraising.
    ``(4) The Director, in consultation with the Director of the Office 
of Government Ethics, shall issue regulations to carry out the 
authority provided in this subsection. Such regulations shall ensure 
that such authority is exercised in a manner that is consistent with 
all relevant ethical constraints and principles, including the 
avoidance of any prohibited conflict of interest or appearance of 
impropriety.''.
    (b) Director of the Central Intelligence Agency.--Section 12(f) of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3512(f)) is 
amended by adding at the end the following:
    ``(3) Not later than the date that is 7 days after the date the 
Director engages in fundraising authorized by this subsection or at the 
time the decision is made to participate in such fundraising, the 
Director shall notify the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of the House 
of Representatives of the fundraising.''.

SEC. 304. PROMOTION OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH 
              EDUCATION IN THE INTELLIGENCE COMMUNITY.

    (a) Requirement for Investment Strategy for STEM Recruiting and 
Outreach Activities.--Along with the budget for fiscal year 2018 
submitted by the President pursuant to section 1105(a) of title 31, 
United States Code, the Director of National Intelligence shall submit 
a five-year investment strategy for outreach and recruiting efforts in 
the fields of science, technology, engineering, and mathematics (STEM), 
to include cybersecurity and computer literacy.
    (b) Requirement for Intelligence Community Plans for STEM 
Recruiting and Outreach Activities.--For each of the fiscal years 2018 
through 2022, the head of each element of the intelligence community 
shall submit an investment plan along with the materials submitted as 
justification of the budget request of such element that supports the 
strategy required by subsection (a).

SEC. 305. RETENTION OF EMPLOYEES OF THE INTELLIGENCE COMMUNITY WHO HAVE 
              SCIENCE, TECHNOLOGY, ENGINEERING, OR MATH EXPERTISE.

    (a) Special Rates of Pay for Certain Occupations in the 
Intelligence Community.--The National Security Act of 1947 (50 U.S.C. 
3001 et seq.) is amended by inserting after section 113A the following:

``SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY, 
              ENGINEERING, OR MATH POSITIONS.

    ``(a) Authority To Set Special Rates of Pay.--Notwithstanding part 
III of title 5, United States Code, the head of each element of the 
intelligence community may establish higher minimum rates of pay for 
one or more categories of positions in such element that require 
expertise in science, technology, engineering, or math (STEM).
    ``(b) Maximum Special Rate of Pay.--A minimum rate of pay 
established for a category of positions under subsection (a) may not 
exceed the maximum rate of basic pay (excluding any locality-based 
comparability payment under section 5304 of title 5, United States 
Code, or similar provision of law) for the position in that category of 
positions without the authority of subsection (a) by more than 30 
percent, and no rate may be established under this section in excess of 
the rate of basic pay payable for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code.
    ``(c) Notification of Removal From Special Rate of Pay.--If the 
head of an element of the intelligence community removes a category of 
positions from coverage under a rate of pay authorized by subsection 
(a) after that rate of pay takes effect--
            ``(1) the head of such element shall provide notice of the 
        loss of coverage of the special rate of pay to each individual 
        in such category; and
            ``(2) the loss of coverage will take effect on the first 
        day of the first pay period after the date of the notice.
    ``(d) Revision of Special Rates of Pay.--Subject to the limitations 
in this section, rates of pay established under this section by the 
head of the element of the intelligence community may be revised from 
time to time by the head of such element and the revisions have the 
force and effect of statute.
    ``(e) Regulations.--The head of each element of the intelligence 
community shall promulgate regulations to carry out this section with 
respect to such element, which shall, to the extent practicable, be 
comparable to the regulations promulgated to carry out section 5305 of 
title 5, United States Code.
    ``(f) Reports.--
            ``(1) Requirement for reports.--Not later than 90 days 
        after the date of the enactment of the Intelligence 
        Authorization Act for Fiscal Year 2017, the head of each 
        element of the intelligence community shall submit to the 
        congressional intelligence committees a report on any rates of 
        pay established for such element under this section.
            ``(2) Contents.--Each report required by paragraph (1) 
        shall contain for each element of the intelligence community--
                    ``(A) a description of any rates of pay established 
                under subsection (a); and
                    ``(B) the number of positions in such element that 
                will be subject to such rates of pay.''.
    (b) Table of Contents 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 113A the following:

``Sec. 113B. Special pay authority for science, technology, 
                            engineering, or math positions.''.

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 (50 U.S.C. 3303) 
is repealed.
    (b) Notification.--Section 602(a)(2) of the Intelligence 
Authorization Act for Fiscal Year 1995 (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. PROTECTIONS FOR INDEPENDENT INSPECTORS GENERAL OF CERTAIN 
              ELEMENTS OF THE INTELLIGENCE COMMUNITY.

    (a) Limitation on Activities of Employees of an Office of Inspector 
General.--
            (1) Limitations.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall develop and implement a uniform policy for 
        each covered office of an inspector general to better ensure 
        the independence of each such office. Such policy shall 
        include--
                    (A) provisions to prevent any conflict of interest 
                related to a matter any employee of a covered office of 
                an inspector general personally and substantially 
                participated in during previous employment;
                    (B) standards to ensure personnel of a covered 
                office of an inspector general are free both in fact 
                and in appearance from personal, external, and 
                organizational impairments to independence;
                    (C) provisions to permit the head of each covered 
                office of an inspector general to waive the application 
                of the policy with respect to an individual if such 
                head--
                            (i) prepares a written and signed 
                        justification for such waiver that sets out, in 
                        detail, the need for such waiver, provided that 
                        such a waiver shall not be issued for in fact 
                        impairments to independence; and
                            (ii) submits to the congressional 
                        intelligence committees each such 
                        justification; and
                    (D) any other protections the Director determines 
                appropriate.
            (2) Covered office of an inspector general defined.--The 
        term ``covered office of an inspector general'' means--
                    (A) the Office of the Inspector General of the 
                Intelligence Community; and
                    (B) the office of an inspector general for--
                            (i) the Office of the Director of National 
                        Intelligence;
                            (ii) the Central Intelligence Agency;
                            (iii) the National Security Agency;
                            (iv) the Defense Intelligence Agency;
                            (v) the National Geospatial-Intelligence 
                        Agency; or
                            (vi) the National Reconnaissance Office.
            (3) Briefing to the congressional intelligence 
        committees.--Prior to the date that the policy required by 
        paragraph (1) takes effect, the Director of National 
        Intelligence shall provide the congressional intelligence 
        committees a briefing on such policy.
    (b) Limitation on Rotation of Employees of an Office of Inspector 
General.--Section 102A(l)(3) of the National Security Act of 1947 (50 
U.S.C. 3024(l)(3)) is amended by adding at the end the following:
    ``(D) The mechanisms prescribed under subparagraph (A) and any 
other policies of the Director--
            ``(i) may not require an employee of an office of inspector 
        general for an element of the intelligence community, including 
        the Office of the Inspector General of the Intelligence 
        Community, to rotate to a position in an office or organization 
        of such an element over which such office of inspector general 
        exercises jurisdiction; and
            ``(ii) shall be implemented in a manner that exempts 
        employees of an office of inspector general from a rotation 
        that may impact the independence of such office.''.

SEC. 308. 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) In general.--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) Intelligence reform and terrorism prevention 
                act of 2004.--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. 309. CONGRESSIONAL OVERSIGHT OF POLICY DIRECTIVES AND GUIDANCE.

    (a) Covered Policy Document Defined.--In this section, the term 
``covered policy document'' means any classified or unclassified 
Presidential Policy Directive, Presidential Policy Guidance, or other 
similar policy document issued by the President, including any annex to 
such a Directive, Guidance, or other document, that assigns takes, 
roles, or responsibilities the intelligence community.
    (b) Submissions to Congress.--The Director of National Intelligence 
shall submit to the congressional intelligence committees the 
following:
            (1) Not later than 15 days after the date that a covered 
        policy document is issued, a notice of the issuance and a 
        summary of the subject matter addressed by such covered policy 
        document.
            (2) Not later than 15 days after the date that the Director 
        issues any guidance or direction on implementation of a covered 
        policy document or implements a covered policy document, a copy 
        of such guidance or direction or a description of such 
        implementation.
            (3) Not later than 15 days after the date of the enactment 
        of this Act, for any covered policy document issued prior to 
        such date that is being implemented by any element of the 
        intelligence community or that is in effect on such date--
                    (A) a notice that includes the date such covered 
                policy document was issued and a summary of the subject 
                matter addressed by such covered policy document; and
                    (B) if the Director has issued any guidance or 
                direction on implementation of such covered policy 
                document or is implementing such covered policy 
                document, a copy of the guidance or direction or a 
                description of such implementation.

SEC. 310. NOTIFICATION OF MEMORANDA OF UNDERSTANDING.

    (a) In General.--The head of each element of the intelligence 
community shall submit to the congressional intelligence committees a 
copy of each memorandum of understanding or other agreement regarding 
significant operational activities or policy between or among such 
element and any other entity or entities of the United States 
Government--
            (1) for such a memorandum or agreement that is in effect on 
        the date of the enactment of this Act, not later than 60 days 
        after such date; and
            (2) for such a memorandum or agreement entered into after 
        such date, in a timely manner and not more than 60 days after 
        the date such memorandum or other agreement is entered into.
    (b) Administrative Memorandum or Agreement.--Nothing in this 
section may be construed to require an element of the intelligence 
community to submit to the congressional intelligence committees any 
memorandum or agreement that is solely administrative in nature, 
including a memorandum or agreement regarding joint duty or other 
routine personnel assignments.

SEC. 311. 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. 312. 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. DESIGNATION OF THE DIRECTOR OF THE NATIONAL 
              COUNTERINTELLIGENCE AND SECURITY CENTER.

    (a) In General.--
            (1) In general.--Section 902 of the Counterintelligence 
        Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read as 
        follows:

``SEC. 902. DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY 
              CENTER.

    ``(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.
    ``(b) Mission.--The mission of the Director shall be to serve as 
the head of national counterintelligence for the United States 
Government.
    ``(c) Duties.--Subject to the direction and control of the Director 
of National Intelligence, the duties of the Director are as follows:
            ``(1) To carry out the mission referred to in subsection 
        (b).
            ``(2) To act as chairperson of the National 
        Counterintelligence Policy Board established under section 811 
        of the Counterintelligence and Security Enhancements Act of 
        1994 (50 U.S.C. 3381).
            ``(3) To act as head of the National Counterintelligence 
        and Security Center established under section 904.
            ``(4) To participate as an observer on such boards, 
        committees, and entities of the executive branch as the 
        Director of National Intelligence considers appropriate for the 
        discharge of the mission and functions of the Director and the 
        National Counterintelligence and Security Center under section 
        904.''.
            (2) Table of contents amendment.--The table of contents in 
        section 1(b) of the Intelligence Authorization Act for Fiscal 
        Year 2003 (Public Law 107-306; 116 Stat. 2383) is amended by 
        striking the item relating to section 902 and inserting the 
        following:

``Sec. 902. Director of the National Counterintelligence and Security 
                            Center.''.
            (3) 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.
    (b) National Counterintelligence and Security Center.--
            (1) In general.--Section 904 of the Counterintelligence 
        Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
                    (A) by striking the section heading and inserting 
                ``national counterintelligence and security center.''; 
                and
                    (B) by striking subsections (a), (b), and (c) and 
                inserting the following:
    ``(a) Establishment.--There shall be a National Counterintelligence 
and Security Center.
    ``(b) Head of Center.--The Director of the National 
Counterintelligence and Security Center shall be the head of the 
National Counterintelligence and Security Center.
    ``(c) Location of Center.--The National Counterintelligence and 
Security Center shall be located in the Office of the Director of 
National Intelligence.''.
            (2) Functions.--Section 904(d) of the Counterintelligence 
        Enhancement Act of 2002 (50 U.S.C. 3383(d)) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``National Counterintelligence Executive, the 
                functions of the Office of the National 
                Counterintelligence Executive'' and inserting 
                ``Director of the National Counterintelligence and 
                Security Center, the functions of the National 
                Counterintelligence and Security Center'';
                    (B) in paragraph (5), in the matter preceding 
                subparagraph (A), by striking ``In consultation with'' 
                and inserting ``At the direction of''; and
                    (C) in paragraph (6), in the matter preceding 
                subparagraph (A), by striking ``Office'' and inserting 
                ``National Counterintelligence and Security Center''.
            (3) Personnel.--Section 904(f) of the Counterintelligence 
        Enhancement Act of 2002 (50 U.S.C. 3383(f)) is amended--
                    (A) in paragraph (1), by striking ``Office of the 
                National Counterintelligence Executive may consist of 
                personnel employed by the Office'' and inserting 
                ``National Counterintelligence and Security Center may 
                consist of personnel employed by the Center''; and
                    (B) in paragraph (2), by striking ``National 
                Counterintelligence Executive'' and inserting 
                ``Director of the National Counterintelligence and 
                Security Center''.
            (4) Treatment of activities under certain administrative 
        laws.--Section 904(g) of the Counterintelligence Enhancement 
        Act of 2002 (50 U.S.C. 3383(g)) is amended by striking ``Office 
        shall be treated as operational files of the Central 
        Intelligence Agency for purposes of section 701 of the National 
        Security Act of 1947 (50 U.S.C. 431)'' and inserting ``National 
        Counterintelligence and Security Center shall be treated as 
        operational files of the Central Intelligence Agency for 
        purposes of section 701 of the National Security Act of 1947 
        (50 U.S.C. 3141)''.
            (5) Oversight by congress.--Section 904(h) of the 
        Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(h)) 
        is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Office of the National Counterintelligence 
                Executive'' and inserting ``National 
                Counterintelligence and Security Center''; and
                    (B) in paragraphs (1) and (2), by striking 
                ``Office'' and inserting ``Center'' both places that 
                term appears.
            (6) Table of contents amendment.--The table of contents in 
        section 1(b) of the Intelligence Authorization Act for Fiscal 
        Year 2003 (Public Law 107-306; 116 Stat. 2383), as amended by 
        subsection (a)(2), is further amended by striking the item 
        relating to section 904 and inserting the following:

``Sec. 904. National Counterintelligence and Security Center.''.
    (c) Oversight of National Intelligence Centers.--Section 102A(f)(2) 
of the National Security Act of 1947 (50 U.S.C. 3024(f)(2)) is amended 
by inserting ``, the National Counterproliferation Center, and the 
National Counterintelligence and Security Center'' after ``National 
Counterterrorism Center''.
    (d) Director of the National Counterintelligence and Security 
Center Within the Office of the Director of National Intelligence.--
Paragraph (8) of section 103(c) of the National Security Act of 1947 
(50 U.S.C. 3025(c)) is amended to read as follows:
            ``(8) The Director of the National Counterintelligence and 
        Security Center.''.
    (e) Duties of the Director of the National Counterintelligence and 
Security Center.--
            (1) In general.--Section 103F of the National Security Act 
        of 1947 (50 U.S.C. 3031) is amended--
                    (A) by striking the section heading and inserting 
                ``director of the national counterintelligence and 
                security center'';
                    (B) in subsection (a)--
                            (i) by striking the subsection heading and 
                        inserting ``Director of the National 
                        Counterintelligence and Security Center.--''; 
                        and
                            (ii) by striking ``National 
                        Counterintelligence Executive under section 902 
                        of the Counterintelligence Enhancement Act of 
                        2002 (title IX of Public Law 107-306; 50 U.S.C. 
                        402b et seq.)'' and inserting ``Director of the 
                        National Counterintelligence and Security 
                        Center appointed under section 902 of the 
                        Counterintelligence Enhancement Act of 2002 (50 
                        U.S.C. 3382)''; and
                    (C) in subsection (b), by striking ``National 
                Counterintelligence Executive'' and inserting 
                ``Director of the National Counterintelligence and 
                Security Center''.
            (2) Table of contents amendment.--The table of contents 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.''.
    (f) Coordination of Counterintelligence Activities.--Section 811 of 
the Counterintelligence and Security Enhancements Act of 1994 (50 
U.S.C. 3381) is amended--
            (1) in subsection (b), by striking ``National 
        Counterintelligence Executive under section 902 of the 
        Counterintelligence Enhancement Act of 2002'' and inserting 
        ``Director of the National Counterintelligence and Security 
        Center appointed under section 902 of the Counterintelligence 
        Enhancement Act of 2002 (50 U.S.C. 3382)'';
            (2) in subsection (c)(1), by striking ``National 
        Counterintelligence Executive.'' and inserting ``Director of 
        the National Counterintelligence and Security Center.''; and
            (3) in subsection (d)(1)(B)(ii)--
                    (A) by striking ``National Counterintelligence 
                Executive'' and inserting ``Director of the National 
                Counterintelligence and Security Center''; and
                    (B) by striking ``by the Office of the National 
                Counterintelligence Executive under section 904(e)(2) 
                of that Act'' and inserting ``pursuant to section 
                904(d)(2) of that Act (50 U.S.C. 3383(d)(2))''.
    (g) Intelligence and National Security Aspects of Espionage 
Prosecutions.--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,''.

SEC. 402. ANALYSES AND IMPACT STATEMENTS BY DIRECTOR OF NATIONAL 
              INTELLIGENCE REGARDING INVESTMENT INTO THE UNITED STATES.

    Section 102A of the National Security Act of 1947 (50 U.S.C. 3024) 
is amended by adding at the end the following new subsection:
    ``(y) Analyses and Impact Statements Regarding Proposed Investment 
Into the United States.--
            ``(1) In general.--Not later than 20 days after the 
        completion of a review or an investigation of any proposed 
        investment into the United States for which the Director has 
        prepared analytic materials, the Director shall submit to the 
        Select Committee on Intelligence of the Senate and the 
        Permanent Select Committee on Intelligence of the House of 
        Representative copies of such analytic materials, including any 
        supplements or amendments to such analysis made by the 
        Director.
            ``(2) Impact statements.--Not later than 60 days after the 
        completion of consideration by the United States Government of 
        any investment described in paragraph (1), the Director shall 
        determine whether such investment will have an operational 
        impact on the intelligence community, and, if so, shall submit 
        a report on such impact to the Select Committee on Intelligence 
        of the Senate and the Permanent Select Committee on 
        Intelligence of the House of Representatives. Each such report 
        shall--
                    ``(A) describe the operational impact of the 
                investment on the intelligence community; and
                    ``(B) describe any actions that have been or will 
                be taken to mitigate such impact.''.

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, and 
consistent with the protection of intelligence sources and methods, 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

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 Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of the House 
of Representatives 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.

                       Subtitle C--Other Elements

SEC. 421. 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. 422. ENHANCING THE TECHNICAL WORKFORCE FOR THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Report Required.--Building on the basic cyber human capital 
strategic plan provided to the congressional intelligence committees in 
2015, not later than 180 days after the date of the enactment of this 
Act and updated two years thereafter, the Director of the Federal 
Bureau of Investigation shall submit to the congressional intelligence 
committees a comprehensive strategic workforce report regarding 
initiatives to effectively integrate information technology expertise 
in the investigative process.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment, including measurable benchmarks, of 
        progress on initiatives to recruit, train, and retain personnel 
        with the necessary skills and experiences in vital areas, 
        including encryption, cryptography, and big data analytics.
            (2) An assessment of whether officers of the Federal Bureau 
        of Investigation who possess such skills are fully integrated 
        into the Bureau's work, including Agent-led investigations.
            (3) A description of the quality and quantity of the 
        collaborations between the Bureau and private sector entities 
        on cyber issues, including the status of efforts to benefit 
        from employees with experience transitioning between the public 
        and private sectors.
            (4) An assessment of the utility of reinstituting, if 
        applicable, and leveraging the Director's Advisory Board, which 
        was originally constituted in 2005, to provide outside advice 
        on how to better integrate technical expertise with the 
        investigative process and on emerging concerns in cyber-related 
        issues.

SEC. 423. PLAN ON ASSUMPTION OF CERTAIN WEATHER MISSIONS BY THE 
              NATIONAL RECONNAISSANCE OFFICE.

    (a) Plan.--
            (1) In general.--Except as provided in subsection (c), 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 July 1, 2017, and except as 
        provided in subsection (c), 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, 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) Waiver Based on Report and Certification of Air Force 
Acquisition Program.--The Director of the National Reconnaissance 
Office may waive the requirement to develop a plan under subsection 
(a), if the Under Secretary of Defense for Acquisition Technology, and 
Logistics and the Chairman of the Joint Chiefs of Staff jointly submit 
to the appropriate congressional committees a report by not later than 
July 1, 2017, that contains--
            (1) a certification that the Secretary of the Air Force is 
        carrying out a formal acquisition program that has received 
        milestone A approval to address the cloud characterization and 
        theater weather imagery requirements of the Department of 
        Defense; and
            (2) an identification of the cost, schedule, requirements, 
        and acquisition strategy of such acquisition program.
    (d) 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.

             TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

SEC. 501. COMMITTEE TO COUNTER ACTIVE MEASURES BY THE RUSSIAN 
              FEDERATION TO EXERT COVERT INFLUENCE OVER PEOPLES AND 
              GOVERNMENTS.

    (a) Definitions.--In this section:
            (1) Active measures by russia to exert covert influence.--
        The term ``active measures by Russia to exert covert 
        influence'' means activities intended to influence a person or 
        government that are carried out in coordination with, or at the 
        behest of, political leaders or the security services of the 
        Russian Federation and the role of the Russian Federation has 
        been hidden or not acknowledged publicly, including the 
        following:
                    (A) Establishment or funding of a front group.
                    (B) Covert broadcasting.
                    (C) Media manipulation.
                    (D) Disinformation and forgeries.
                    (E) Funding agents of influence.
                    (F) Incitement and offensive counterintelligence.
                    (G) Assassinations.
                    (H) Terrorist acts.
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the congressional intelligence committees;
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate; and
                    (C) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
    (b) Establishment.--There is established within the executive 
branch an interagency committee to counter active measures by the 
Russian Federation to exert covert influence.
    (c) Membership.--
            (1) In general.--
                    (A) Appointment.--Each head of an agency or 
                department of the United States Government set out 
                under subparagraph (B) shall appoint one member of the 
                committee established by subsection (b) from among 
                officials of such agency or department who occupy a 
                position that is required to be appointed by the 
                President, with the advice and consent of the Senate.
                    (B) Head of an agency or department.--The head of 
                an agency or department of the United States Government 
                set out under this subparagraph are the following:
                            (i) The Director of National Intelligence.
                            (ii) The Secretary of State.
                            (iii) The Secretary of Defense.
                            (iv) The Secretary of the Treasury.
                            (v) The Attorney General.
                            (vi) The Secretary of Energy.
                            (vii) The Director of the Federal Bureau of 
                        Investigation.
                            (viii) The head of any other agency or 
                        department of the United States Government 
                        designated by the President for purposes of 
                        this section.
    (d) Meetings.--The committee shall meet on a regular basis.
    (e) Duties.--The duties of the committee established by subsection 
(b) shall be as follows:
            (1) To counter active measures by Russia to exert covert 
        influence, including by exposing falsehoods, agents of 
        influence, corruption, human rights abuses, terrorism, and 
        assassinations carried out by the security services or 
        political elites of the Russian Federation or their proxies.
            (2) Such other duties as the President may designate for 
        purposes of this section.
    (f) Staff.--The committee established by subsection (b) may employ 
such staff as the members of such committee consider appropriate.
    (g) Budget Request.--A request for funds required for the 
functioning of the committee established by subsection (b) may be 
included in each budget for a fiscal year submitted by the President 
pursuant to section 1105(a) of title 31, United States Code.
    (h) Annual Report.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, and 
        consistent with the protection of intelligence sources and 
        methods, the committee established by subsection (b) shall 
        submit to the appropriate committees of Congress a report 
        describing steps being taken by the committee to counter active 
        measures by Russia to exert covert influence.
            (2) Matters included.--Each report under paragraph (1) 
        shall include a summary of the following:
                    (A) Active measures by Russia to exert covert 
                influence during the previous year, including 
                significant incidents and notable trends.
                    (B) Key initiatives of the committee.
                    (C) Implementation of the committee's initiatives 
                by the heads of the agencies and departments of the 
                United States Government specified in subsection 
                (c)(1)(B).
                    (D) Analysis of the success of such initiatives.
                    (E) Changes to such initiatives from the previous 
                year.
            (3) Separate reporting requirement.--The requirement to 
        submit an annual report under paragraph (1) is in addition to 
        any other reporting requirements with respect to Russia.

SEC. 502. LIMITATION ON TRAVEL OF ACCREDITED DIPLOMATS AND CONSULARS OF 
              THE RUSSIAN FEDERATION IN THE UNITED STATES FROM THEIR 
              DIPLOMATIC POST.

    (a) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Relations and the Committee on 
        the Judiciary of the Senate; and
            (3) the Committee on Foreign Affairs and the Committee on 
        the Judiciary of the House of Representatives.
    (b) Quarterly Limitation on Travel Distance.--Accredited diplomatic 
personnel and consulars of the Russian Federation in the United States 
may not be permitted to travel a distance in excess of 25 miles from 
their diplomatic post in the United States in a calendar quarter 
unless, on or before the last day of the preceding calendar quarter, 
the Director of the Federal Bureau of Investigation has certified in 
writing to the appropriate committees of Congress that during the 
preceding calendar quarter the Bureau did not identify any violations 
by accredited diplomatic personnel and consulars of the Russian 
Federation of applicable requirements to notify the United States 
Government in connection with travel by such diplomatic personnel and 
consulars of a distance in excess of 25 miles from their diplomatic 
post in the United States.
    (c) Applicability.--Subsection (b) shall apply to each calendar 
quarter that begins more than 90 days after the date of the enactment 
of this Act.
    (d) Waiver Authority.--
            (1) In general.--The Director of the Federal Bureau of 
        Investigation may waive any travel distance limitation imposed 
        by subsection (b) if the Director determines that such a waiver 
        will further the law enforcement or national security interests 
        of the United States.
            (2) Notification.--Not later than 15 days after issuing a 
        waiver under paragraph (1), the Director of the Federal Bureau 
        of Investigation shall submit to the appropriate committees of 
        Congress a notification that such waiver has been issued and 
        the justification for the issuance of such waiver.

SEC. 503. STUDY AND REPORT ON ENHANCED INTELLIGENCE AND INFORMATION 
              SHARING WITH OPEN SKIES TREATY MEMBER STATES.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) congressional intelligence committees;
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate; and
                    (C) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            (2) Covered state party.--The term ``covered state party'' 
        means a foreign country, that--
                    (A) was a state party to the Open Skies Treaty on 
                February 22, 2016; and
                    (B) is not the Russian Federation or the Republic 
                of Belarus.
            (3) Open skies treaty.--The term ``Open Skies Treaty'' 
        means the Treaty on Open Skies, done at Helsinki March 24, 
        1992, and entered into force January 1, 2002.
    (b) Feasibility Study.--
            (1) Requirement for study.--Not later than 180 days after 
        the date of the enactment of this Act, the Director of National 
        Intelligence shall conduct and submit to the appropriate 
        committees of Congress a study to determine the feasibility of 
        creating an intelligence sharing arrangement and database to 
        provide covered state parties with imagery that is comparable, 
        delivered more frequently, and in equal or higher resolution 
        than imagery available through the database established under 
        the Open Skies Treaty.
            (2) Elements.--The study required by paragraph (1) shall 
        include an evaluation of the following:
                    (A) The methods by which the United States could 
                collect and provide imagery, including commercial 
                satellite imagery, national technical means, and 
                through other intelligence, surveillance, and 
                reconnaissance platforms, under an information sharing 
                arrangement and database referred to in paragraph (1).
                    (B) The ability of other covered state parties to 
                contribute imagery to the arrangement and database.
                    (C) Any impediments to the United States and other 
                covered states parties providing such imagery, 
                including any statutory barriers, insufficiencies in 
                the ability to collect the imagery or funding, under 
                such an arrangement.
                    (D) Whether imagery of Moscow, Chechnya, the 
                international border between Russia and Georgia, 
                Kaliningrad, or the Republic of Belarus could be 
                provided under such an arrangement.
                    (E) The annual and projected costs associated with 
                the establishment of such an arrangement and database, 
                as compared with costs to the United States and other 
                covered state parties of being parties to the Open 
                Skies Treaty, including Open Skies Treaty plane 
                maintenance, aircraft fuel, crew expenses, mitigation 
                measures necessary associated with Russian Federation 
                overflights over the United States or covered state 
                parties, and new sensor development and acquisition.
            (3) Support from other federal agencies.--Each head of a 
        Federal agency shall provide such support to the Director as 
        may be necessary for the Director to conduct the study required 
        by paragraph (1).
    (c) Report.--
            (1) Requirement for report.--Not later than 180 days after 
        the date of the enactment of this Act, the Director of National 
        Intelligence shall submit to the appropriate committees of 
        Congress the report described in this subsection.
            (2) Content of report.--The report required by paragraph 
        (1) shall include the following:
                    (A) An intelligence assessment on Russian 
                Federation warfighting doctrine and the extent to which 
                Russian Federation flights under the Open Skies Treaty 
                contribute to such doctrine.
                    (B) A counterintelligence analysis as to whether 
                the Russian Federation has, could have, or intends to 
                have the capability to exceed the imagery limits set 
                forth in the Open Skies Treaty.
                    (C) A list of intelligence exchanges with covered 
                state parties that have been updated on the information 
                described in subparagraphs (A) and (B) and the date and 
                form such information was provided.
    (d) Form of Submission.--The study required by subsection (b) and 
the report required by subsection (c) shall be submitted in an 
unclassified form but may include a classified annex.

         TITLE VI--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SEC. 601. INFORMATION ON ACTIVITIES OF THE PRIVACY AND CIVIL LIBERTIES 
              OVERSIGHT BOARD.

    Subsection (e) of section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(e)) is amended--
            (1) by striking the subsection heading and inserting 
        ``Reports and Oversight Activities.--''; and
            (2) by adding at the end the following:
            ``(3) Information.--
                    ``(A) Oversight activities.--In addition to the 
                reports submitted under paragraph (1)(B), the Board 
                shall ensure that each official and congressional 
                committee specified in subparagraph (B) is kept fully 
                and currently informed of the oversight activities of 
                the Board, including any significant anticipated 
                oversight 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 
                        Board's oversight activities.
                            ``(iii) The Select Committee on 
                        Intelligence of the Senate and the Permanent 
                        Select Committee on Intelligence of the House 
                        of Representatives.
                    ``(C) Exemption for statutory advice function.--
                This paragraph shall not apply to exercises of the 
                Board's advice function as set out in subsection 
                (d)(1).
                    ``(D) Preservation of privilege.--Nothing in this 
                paragraph may be construed to abridge or require waiver 
                of any applicable privilege.
            ``(4) Reports on advice to elements of the intelligence 
        community.--Whenever an element of the intelligence community 
        acts in contravention of the advice provided by the Board under 
        subsection (d)(1), the Board shall, no less than 30 days after 
        the action in contravention of the Board's advice, notify the 
        Select Committee on Intelligence of the Senate and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives of the provision of advice and of the action by 
        the element of the intelligence community.''.

SEC. 602. 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).

                  TITLE VII--REPORTS AND OTHER MATTERS

SEC. 701. DECLASSIFICATION REVIEW WITH RESPECT TO DETAINEES TRANSFERRED 
              FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) In General.--For each individual detained at United States 
Naval Station, Guantanamo Bay, Cuba, after September 11, 2001, who was 
transferred or released from United States Naval Station, Guantanamo 
Bay, Cuba, the Director of National Intelligence shall--
            (1)(A) complete a declassification review of intelligence 
        reports regarding past terrorist activities of that individual 
        prepared by the National Counterterrorism Center for the 
        individual's Periodic Review Board sessions, transfer, or 
        release; or
            (B) if the individual's transfer or release occurred prior 
        to the date on which the National Counterterrorism Center first 
        began to prepare such reports regarding detainees, such other 
        intelligence report or reports that contain the same or similar 
        information regarding the individual's past terrorist 
        activities;
            (2) make available to the public--
                    (A) any intelligence reports declassified as a 
                result of the declassification review; and
                    (B) with respect to each individual transferred or 
                released, for whom intelligence reports are 
                declassified as a result of the declassification 
                review, an unclassified summary which shall be prepared 
                by the President of measures being taken by the country 
                to which the individual was transferred or released to 
                monitor the individual and to prevent the individual 
                from carrying out future terrorist activities; and
            (3) submit to the congressional intelligence committees a 
        report setting out the results of the declassification review, 
        including a description of intelligence reports covered by the 
        review that were not declassified.
    (b) Schedule.--
            (1) Transfer or release prior to enactment.--Not later than 
        210 days after the date of the enactment of this Act, the 
        Director of National Intelligence shall submit the report 
        required by subsection (a)(3), which shall include the results 
        of the declassification review completed for each individual 
        detained at United States Naval Station, Guantanamo Bay, Cuba, 
        who was transferred or released from United States Naval 
        Station, Guantanamo Bay, prior to the date of the enactment of 
        this Act.
            (2) Transfer or release after enactment.--Not later than 
        120 days after the date an individual detained at United States 
        Naval Station, Guantanamo Bay, on or after the date of the 
        enactment of this Act is transferred or released from United 
        States Naval Station, Guantanamo Bay, the Director shall submit 
        the report required by subsection (a)(3) for such individual.
    (c) Past Terrorist Activities.--For purposes of this section, the 
past terrorist activities of an individual shall include all terrorist 
activities conducted by the individual before the individual's transfer 
to the detention facility at United States Naval Station, Guantanamo 
Bay, 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 United 
        States interests or allies.
            (4) The direct responsibility, if any, for the death of 
        United States citizens or members of the Armed Forces.
            (5) Any admission of any matter specified in paragraphs (1) 
        through (4).

SEC. 702. CYBER CENTER FOR EDUCATION AND INNOVATION HOME OF THE 
              NATIONAL CRYPTOLOGIC MUSEUM.

    (a) Authority To Establish and Operate Center.--Chapter 449 of 
title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 4781. Cyber Center for Education and Innovation Home of the 
              National Cryptologic Museum
    ``(a) Establishment.--(1) The Secretary of Defense may establish at 
a publicly accessible location at Fort George G. Meade the `Cyber 
Center for Education and Innovation Home of the National Cryptologic 
Museum' (in this section referred to as the `Center').
    ``(2) The Center may be used for the identification, curation, 
storage, and public viewing of materials relating to the activities of 
the National Security Agency, any predecessor or successor 
organizations of such Agency, and the history of cryptology.
    ``(3) The Center may contain meeting, conference, and classroom 
facilities that will be used to support such education, training, 
public outreach, and other purposes as the Secretary considers 
appropriate.
    ``(b) Design, Construction, and Operation.--The Secretary may enter 
into an agreement with the National Cryptologic Museum Foundation (in 
this section referred to as the `Foundation'), a nonprofit 
organization, for the design, construction, and operation of the 
Center.
    ``(c) Acceptance Authority.--(1) If the Foundation constructs the 
Center pursuant to an agreement with the Foundation under subsection 
(b), upon satisfactory completion of the Center's construction or any 
phase thereof, as determined by the Secretary, and upon full 
satisfaction by the Foundation of any other obligations pursuant to 
such agreement, the Secretary may accept the Center (or any phase 
thereof) from the Foundation, and all right, title, and interest in the 
Center or such phase shall vest in the United States.
    ``(2) Notwithstanding section 1342 of title 31, the Secretary may 
accept services from the Foundation in connection with the design 
construction, and operation of the Center. For purposes of this section 
and any other provision of law, employees or personnel of the 
Foundation shall not be considered to be employees of the United 
States.
    ``(d) Fees and User Charges.--(1) The Secretary may assess fees and 
user charges to cover the cost of the use of Center facilities and 
property, including rental, user, conference, and concession fees.
    ``(2) Amounts received under paragraph (1) shall be deposited into 
the fund established under subsection (e).
    ``(e) Fund.--(1) Upon the Secretary's acceptance of the Center 
under subsection (c)(1)) there is established in the Treasury a fund to 
be known as the `Cyber Center for Education and Innovation-Home of the 
National Cryptologic Museum Fund' (in this subsection referred to as 
the `Fund').
    ``(2) The Fund shall consist of the following amounts:
            ``(A) Fees and user charges deposited by the Secretary 
        under subsection (d).
            ``(B) Any other amounts received by the Secretary which are 
        attributable to the operation of the Center.
    ``(3) Amounts in the Fund shall be available to the Secretary for 
the benefit and operation of the Center, including the costs of 
operation and the acquisition of books, manuscripts, works of art, 
historical artifacts, drawings, plans, models, and condemned or 
obsolete combat materiel.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 449 of title 10, United State Code, is amended by adding at the 
end the following new item:

``4781. Cyber Center for Education and Innovation Home of the National 
                            Cryptologic Museum.''.

SEC. 703. OVERSIGHT OF NATIONAL SECURITY SYSTEMS.

    (a) In General.--Section 3557 of title 44, United States Code, is 
amended--
            (1) by striking ``The head'' and inserting the following:
    ``(c) Responsibilities of Agencies.--The head''; and
            (2) by inserting before subsection (c), as designated by 
        paragraph (1), the following:
    ``(a) Definitions.--In this section:
            ``(1) Binding operational directive.--Notwithstanding 
        section 3552(b), the term `binding operational directive' means 
        a compulsory direction to an agency that--
                    ``(A) is for purposes of safeguarding national 
                security information and information systems from a 
                known or reasonably suspected information security 
                threat, vulnerability, or risk; and
                    ``(B) shall be in accordance with policies, 
                principles, standards, and guidelines issued by the 
                Committee.
            ``(2) Committee.--The term `Committee' means the committee 
        established pursuant to National Security Directive 42, signed 
        by the President on July 5, 1990.
            ``(3) National manager.--The term `National Manager' means 
        the national manager referred to in National Security Directive 
        42, signed by the President on July 5, 1990.
    ``(b) Oversight by National Manager.--
            ``(1) Designation.--The Director of the National Security 
        Agency shall serve as the National Manager.
            ``(2) Registration of national security systems.--
                    ``(A) In general.--Each head of an agency that 
                operates or exercises control of a national security 
                system shall register such system and its configuration 
                with the National Manager.
                    ``(B) Limitation.--The head of an agency operating 
                or exercising control of a national security system may 
                not operate or exercise control of such national 
                security system until such head receives a letter from 
                the National Manager that acknowledges registration of 
                such national security system.
            ``(3) Authority to inspect.--The National Manager, in 
        consultation with the head of an agency that operates or 
        exercises control of a national security system, may, as the 
        National Manager considers appropriate, inspect such system--
                    ``(A) for adherence to such standards as the 
                Committee may establish for national security systems; 
                and
                    ``(B) to confirm whether the national security 
                system coheres with its configuration registered under 
                paragraph (2).
            ``(4) Binding operational directives.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the National Manager, in consultation 
                with the Committee, may issue such binding operational 
                directives as the National Manager considers 
                appropriate to ensure the security of a national 
                security system.
                    ``(B) Limitation.--In any case in which the 
                National Manager issues an operational directive under 
                subparagraph (A) with respect to a national security 
                system operated or controlled by an agency, such 
                operational directive shall not be considered binding 
                if the head of such agency submits to the National 
                Manager a certification that the operational directive 
                would degrade national security.
                    ``(C) Annual report.--Not less frequently than once 
                each year, the National Manager shall submit to the 
                Select Committee on Intelligence of the Senate and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives a report on the certifications 
                submitted to the National Manager under subparagraph 
                (B) in the most recent year preceding the report.''.
    (b) Consideration of Certain Routine Administrative and Business 
Applications as National Security Systems.--
            (1) Title 40.--Section 11103(a) of title 40, United States 
        Code, is amended--
                    (A) by striking paragraph (2);
                    (B) in paragraph (1)(E), by striking ``subject to 
                paragraph (2),'';
                    (C) by striking ``Definition.--'' and all that 
                follows through ``In this section'' and inserting 
                ``National Security System Defined.--In this section''; 
                and
                    (D) by redesignating subparagraphs (A) through (E) 
                as paragraphs (1) through (5), respectively, and moving 
                such paragraphs 2 ems to the left.
            (2) Title 44.--Section 3552(b)(6) of title 44, United 
        States Code, is amended--
                    (A) by striking subparagraph (B);
                    (B) in subparagraph (A), by striking ``(A)'';
                    (C) by redesignating clauses (i) and (ii) as 
                subparagraphs (A) and (B), respectively;
                    (D) by redesignating subclauses (I) through (V) as 
                clauses (i) through (v), respectively; and
                    (E) in subparagraph (A)(v), as redesignated, by 
                striking ``subject to subparagraph (B),''.

SEC. 704. JOINT FACILITIES CERTIFICATION.

    (a) Findings.--Congress finds the following:
            (1) The Director of National Intelligence set a strategic 
        goal to use joint facilities as a means to save costs by 
        consolidating administrative and support functions across 
        multiple elements of the intelligence community.
            (2) The use of joint facilities provides more opportunities 
        for operational collaboration and information sharing among 
        elements of the intelligence community.
    (b) Certification.--Before an element of the intelligence community 
purchases, leases, or constructs a new facility that is 20,000 square 
feet or larger, the head of that element of the intelligence community 
shall submit to the Director of National Intelligence--
            (1) a certification that, to the best of the knowledge of 
        the head of such element, all prospective joint facilities in 
        the vicinity have been considered and the element is unable to 
        identify a joint facility that meets the operational 
        requirements of such element; and
            (2) a statement listing the reasons for not participating 
        in the prospective joint facilities considered by the element.

SEC. 705. LEADERSHIP AND MANAGEMENT OF SPACE ACTIVITIES.

    (a) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means the congressional 
intelligence committees, the Committee on Armed Services of the Senate, 
and the Committee on Armed Services of the House of Representatives.
    (b) Update to Strategy for Comprehensive Interagency Review of the 
United States National Security Overhead Satellite Architecture.--Not 
later than 180 days after the date of the enactment of this Act, the 
Director of National Intelligence, in consultation with the Secretary 
of Defense and the Chairman of the Joint Chiefs of Staff, shall issue 
an update to the strategy required by section 312 of the Intelligence 
Authorization Act for Fiscal Year 2016 (division M of Public Law 114-
113; 129 Stat. 2919).
    (c) Unity of Effort in Space Operations Between the Intelligence 
Community and Department of Defense.--
            (1) Requirement for plan.--Not later than 90 days after the 
        date of the enactment of this Act, the Director of National 
        Intelligence, in consultation with the Secretary of Defense, 
        shall submit to the appropriate committees of Congress a plan 
        to functionally integrate the governance, operations, analysis, 
        collection, policy, and acquisition activities related to space 
        and counterspace carried out by the intelligence community. The 
        plan shall include analysis of no fewer than 2 alternative 
        constructs to implement this plan, and an assessment of 
        statutory, policy, organizational, programmatic, and resources 
        changes that may be required to implement each alternative 
        construct.
            (2) Appointment by the director of national intelligence.--
        Not later than 30 days after the date of the enactment of this 
        Act, the Director of National Intelligence, in consultation 
        with the Secretary of Defense, shall appoint a single official 
        to oversee development of the plan required by paragraph (1).
            (3) Scope of plan.--The plan required by paragraph (1) 
        shall include methods to functionally integrate activities 
        carried out by--
                    (A) the National Reconnaissance Office;
                    (B) the functional managers for signals 
                intelligence and geospatial intelligence;
                    (C) the Office of the Director of National 
                Intelligence;
                    (D) other Intelligence Community elements with 
                space-related programs;
                    (E) joint interagency efforts; and
                    (F) other entities as identified by the Director of 
                National Intelligence in coordination with the 
                Secretary of Defense.
    (d) Intelligence Community Space Workforce.--Not later than 90 days 
after the date of the enactment of this Act, the Director of National 
Intelligence shall submit to the congressional intelligence committees 
a workforce plan to recruit, develop, and retain personnel in the 
intelligence community with skills and experience in space and 
counterspace operations, analysis, collection, policy, and acquisition.
    (e) Joint Interagency Combined Space Operations Center.--
            (1) Submission to congress.--The Director of the National 
        Reconnaissance Office and the Commander of the United States 
        Strategic Command, in consultation with the Director of 
        National Intelligence and Under Secretary of Defense for 
        Intelligence, shall submit to the appropriate committees of 
        Congress concept of operations and requirements documents for 
        the Joint Interagency Combined Space Operations Center by the 
        date that is the earlier of--
                    (A) the completion of the experimental phase of 
                such Center; or
                    (B) 30 days after the date of the enactment of this 
                Act.
            (2) Quarterly briefings.--The Director of the National 
        Reconnaissance Office and the Commander of the United States 
        Strategic Command, in coordination with the Director of 
        National Intelligence and Under Secretary of Defense for 
        Intelligence, shall provide to the appropriate committees of 
        Congress briefings providing updates on activities and progress 
        of the Joint Interagency Combined Space Operations Center to 
        begin 30 days after the date of the enactment of this Act. Such 
        briefings shall be quarterly for the first year following 
        enactment, and annually thereafter.

SEC. 706. ADVANCES IN LIFE SCIENCES AND BIOTECHNOLOGY.

    (a) Requirement for Plan.--Not later than 180 days after the date 
of the enactment of this Act, the Director of National Intelligence 
shall brief the congressional intelligence committees on a proposed 
plan to monitor advances in life sciences and biotechnology to be 
carried out by the Director.
    (b) Contents of Plan.--The plan required by subsection (a) shall 
include--
            (1) a description of the approach the elements of the 
        intelligence community will take to make use of organic life 
        science and biotechnology expertise within and outside the 
        intelligence community on a routine and contingency basis;
            (2) an assessment of the current collection and analytical 
        posture of the life sciences and biotechnology portfolio as it 
        relates to United States competitiveness and the global bio-
        economy, the risks and threats evolving with advances in 
        genetic editing technologies, and the implications of such 
        advances on future biodefense requirements; and
            (3) an analysis of organizational requirements and 
        responsibilities, including potentially creating new positions.
    (c) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees, the Committee on 
Armed Services of the Senate, and the Committee on Armed Services of 
the House of Representatives a report and provide a briefing on the 
role of the intelligence community in the event of a biological attack 
on the United States, including an assessment of the capabilities and 
gaps in technical capabilities that exist to address the potential 
circumstance of a novel unknown pathogen.

SEC. 707. REPORTS ON DECLASSIFICATION PROPOSALS.

    (a) Covered Studies Defined.--In this section, the term ``covered 
studies'' means the studies that the Director of National Intelligence 
requested that the elements of the intelligence community produce in 
the course of producing the fundamental classification guidance review 
for fiscal year 2017 required by Executive Order No. 13526 (50 U.S.C. 
3161 note), as follows:
            (1) A study of the feasibility of reducing the number of 
        original classification authorities in each element of the 
        intelligence community to the minimum number required and any 
        negative impacts that reduction could have on mission 
        capabilities.
            (2) A study of the actions required to implement a 
        proactive discretionary declassification program distinct from 
        the systematic, automatic, and mandatory declassification 
        review programs outlined in part 2001 of title 32, Code of 
        Federal Regulations, including section 2001.35 of such part.
            (3) A study of the benefits and drawbacks of implementing a 
        single classification guide that could be used by all elements 
        of the intelligence community in the nonoperational and more 
        common areas of such elements.
            (4) A study of whether the classification level of 
        ``confidential'' could be eliminated within agency-generated 
        classification guides from use by elements of the intelligence 
        community and any negative impacts that elimination could have 
        on mission success.
    (b) Reports and Briefings to Congress.--
            (1) Progress report.--Not later than 30 days after the date 
        of the enactment of this Act, the Director of National 
        Intelligence shall submit a report to the congressional 
        intelligence committees and provide the congressional 
        intelligence committees a briefing on the progress of the 
        elements of the intelligence community in producing the covered 
        studies.
            (2) Final report.--Not later than the earlier of 120 days 
        after the date of the enactment of this Act or June 30, 2017, 
        the Director of National Intelligence shall submit a report and 
        provide a briefing to the congressional intelligence committees 
        on--
                    (A) the final versions of the covered studies that 
                have been provided to the Director by the elements of 
                the intelligence community; and
                    (B) a plan for implementation of each initiative 
                included in each such covered study.

SEC. 708. IMPROVEMENT IN GOVERNMENT CLASSIFICATION AND 
              DECLASSIFICATION.

    (a) Review of Government Classification and Declassification.--Not 
later than 180 days after the date of the enactment of this Act, the 
Director of National Intelligence shall--
            (1) review the system by which the Government classifies 
        and declassifies information;
            (2) develop recommendations--
                    (A) to make such system a more effective tool for 
                the protection of information relating to national 
                security;
                    (B) to improve the sharing of information with 
                partners and allies of the Government; and
                    (C) to support the appropriate declassification of 
                information; and
            (3) submit to the congressional intelligence committees a 
        report with--
                    (A) the findings of the Director with respect to 
                the review conducted under paragraph (1); and
                    (B) the recommendations developed under paragraph 
                (2).
    (b) Annual Certification of Controlled Access Programs.--
            (1) In general.--Not less frequently than once each year, 
        the Director of National Intelligence shall certify to the 
        congressional intelligence committees whether the creation, 
        validation, or substantial modification, including termination, 
        for all existing and proposed controlled access programs, and 
        the compartments and subcompartments within each, are 
        substantiated and justified based on the information required 
        by paragraph (2).
            (2) Information required.--Each certification pursuant to 
        paragraph (1) shall include--
                    (A) the rationale for the revalidation, validation, 
                or substantial modification, including termination, of 
                each controlled access program, compartment and 
                subcompartment;
                    (B) the identification of a control officer for 
                each controlled access program; and
                    (C) a statement of protection requirements for each 
                controlled access program.

SEC. 709. REPORT ON IMPLEMENTATION OF RESEARCH AND DEVELOPMENT 
              RECOMMENDATIONS.

    Not later than 120 days after the date of the enactment of this 
Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report that includes the 
following:
            (1) An assessment of the actions each element of the 
        intelligence community has completed to implement the 
        recommendations made by the National Commission for the Review 
        of the Research and Development Programs of the United States 
        Intelligence Community established under section 1002 of the 
        Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
        107-306; 50 U.S.C. 3001 note).
            (2) An analysis of the balance between short-, medium-, and 
        long-term research efforts carried out by each element of the 
        intelligence community.

SEC. 710. REPORT ON INTELLIGENCE COMMUNITY RESEARCH AND DEVELOPMENT 
              CORPS.

    Not later than 120 days after the date of the enactment of this 
Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report and a briefing on a 
plan, with milestones and benchmarks, to implement an Intelligence 
Community Research and Development Corps, as recommended in the Report 
of the National Commission for the Review of the Research and 
Development Programs of the United States Intelligence Community, 
including an assessment--
            (1) of the funding and modification to existing authorities 
        needed to allow for the implementation of such Corps; and
            (2) of additional legislative authorities, if any, 
        necessary to undertake such implementation.

SEC. 711. REPORT ON INFORMATION RELATING TO ACADEMIC PROGRAMS, 
              SCHOLARSHIPS, FELLOWSHIPS, AND INTERNSHIPS SPONSORED, 
              ADMINISTERED, OR USED BY THE INTELLIGENCE COMMUNITY.

    (a) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees 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 three-
        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. 712. 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. 713. 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. 714. 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 and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives.

SEC. 715. 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 and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives.

SEC. 716. 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 congressional intelligence 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 claimed 
        reprisals made against covered contractor employees during the 
        3-year period preceding the date of the report and any 
        evaluation of such reprisals.
            (2) An evaluation of the usefulness of establishing 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 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) Covered contractor employee.--The term ``covered 
        contractor employee'' means an employee of a contractor of an 
        element of the intelligence community.
            (2) Reprisal.--The term ``reprisal'' means the discharge or 
        other adverse 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 November 30, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 6393

_______________________________________________________________________

                                 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.