[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6393 Received in Senate (RDS)]
<DOC>
114th CONGRESS
2d Session
H. R. 6393
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 1, 2016
Received
_______________________________________________________________________
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:
KAREN L. HAAS,
Clerk.