[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3017 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 504
114th CONGRESS
  2d Session
                                S. 3017

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2016

   Mr. Burr from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 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. 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. Annual review and report on interactions between the 
                            intelligence community and entertainment 
                            industry.
Sec. 307. Protections for independent inspectors general of elements of 
                            the intelligence community.
Sec. 308. Congressional oversight of policy directives and guidance.
Sec. 309. Notification of memorandums of understanding.
Sec. 310. Intelligence community assistance for nationally significant 
                            critical infrastructure.
  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.
                       Subtitle B--Other Elements

Sec. 411. Enhanced death benefits for employees of the Central 
                            Intelligence Agency.
Sec. 412. Pay and retirement authorities of the Inspector General of 
                            the Central Intelligence Agency.
Sec. 413. Prohibition on the Director of the National Security Agency 
                            serving contemporaneously as a commander of 
                            a combatant command.
Sec. 414. Enhancing the technical workforce for the Federal Bureau of 
                            Investigation.
             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 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.
Sec. 504. Reviews on cooperation between the intelligence community and 
                            foreign intelligence entities.
         TITLE VI--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

Sec. 601. Information on activities of the Privacy and Civil Liberties 
                            Oversight Board.
Sec. 602. Appointment of staff of the Privacy and Civil Liberties 
                            Oversight Board.
Sec. 603. Protection of the privacy and civil liberties of United 
                            States persons.
TITLE VII--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO 
                               BAY, CUBA

Sec. 701. Declassification review of information on Guantanamo 
                            detainees and mitigation measures taken to 
                            monitor the individuals and prevent future 
                            attacks.
Sec. 702. Limitation on transfer of Guantanamo detainees to foreign 
                            countries.
                 TITLE VIII--REPORTS AND OTHER MATTERS

Sec. 801. Submission of intelligence related information in certain 
                            reports by the Secretary of Defense.
Sec. 802. Cyber Center for Education and Innovation Home of the 
                            National Cryptologic Museum.
Sec. 803. Counterintelligence access to telephone toll and 
                            transactional records.
Sec. 804. Oversight of national security systems.
Sec. 805. Joint facilities certification.
Sec. 806. Improvement of leadership and management of space activities.
Sec. 807. Advances in life sciences and biotechnology.
Sec. 808. Reports on declassification proposals.
Sec. 809. Improvement in government classification and 
                            declassification.
Sec. 810. Report on implementation of research and development 
                            recommendations.
Sec. 811. Report on Intelligence Community Research and Development 
                            Corps.
Sec. 812. Report on information relating to academic programs, 
                            scholarships, fellowships, and internships 
                            sponsored, administered, or used by 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 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 the bill S.___ of the One Hundred 
Fourteenth Congress.
    (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. 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 
$568,596,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2018.
    (b) Classified Authorizations.--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 
Intelligence 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 
made available for advanced research and development shall remain 
available until September 30, 2018.

 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 102 of the National 
Security Act of 1947 (50 U.S.C. 3023) is amended by adding at the end 
the following:
    ``(d) 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 the earlier of the date that is 30 days prior 
to the date the Director will engage 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.''.
    (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 earlier of the date that is 30 days prior 
to the date the Director will engage 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 STEM 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 1 
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. ANNUAL REVIEW AND REPORT ON INTERACTIONS BETWEEN THE 
              INTELLIGENCE COMMUNITY AND ENTERTAINMENT INDUSTRY.

    (a) Definitions.--In this section:
            (1) Engagement.--The term ``engagement'' means any 
        significant interaction between an element of the intelligence 
        community and an entertainment industry entity for the purposes 
        of contributing to an entertainment product intended to be 
        heard, viewed, or otherwise experienced by an audience.
            (2) Entertainment industry entity.--The term 
        ``entertainment industry entity'' means a person that creates, 
        produces, owns, or manages an entertainment product intended to 
        be heard, viewed, or otherwise experienced by an audience, 
        including--
                    (A) theater productions, motion pictures, radio 
                broadcasts, television broadcasts, podcasts, webcasts, 
                other sound or visual recording, music, and dance;
                    (B) books and other published material; and
                    (C) such other entertainment activity, as 
                determined by the Director of National Intelligence.
    (b) Director of National Intelligence Annual Review.--Not later 
than 180 days after the date of the enactment of this Act and annually 
thereafter, the Director of National Intelligence shall conduct a 
review of the number, scope, purpose, benefits, and products of the 
engagements that occurred during the 1-year period ending on date the 
review is completed.
    (c) Annual Report.--
            (1) Requirement for report.--Not later than 30 days after 
        the date each review required by subsection (b) is completed, 
        the Director of National Intelligence shall submit to the 
        congressional intelligence committees a report on such review.
            (2) Content.--Each report required by paragraph (1) on a 
        review shall include the following:
                    (A) A description of the nature and duration of 
                each engagement included in the review.
                    (B) The cost incurred by the United States 
                Government for each such engagement.
                    (C) A certification that each such engagement did 
                not result in a release of classified information.
                    (D) A determination of whether any information was 
                declassified for each such engagement.
                    (E) A description of the result produced through 
                each such engagement.
            (3) Publication.--The Director shall publish each report 
        required by paragraph (1) on the Director's publicly available 
        website in a timely manner.
    (d) Requirement for Approval and Notification.--
            (1) In general.--No element of the intelligence community 
        may conduct an engagement unless the head of such element--
                    (A) approves the proposed engagement; and
                    (B) not later than 30 days prior to the proposed 
                engagement, submits a notice to the congressional 
                intelligence committees that describes why such 
                engagement is in furtherance of the interest of the 
                element.
            (2) Publication.--As part of each report submitted under 
        subsection (c), the Director of National Intelligence shall 
        include each approval made by any head of an element of the 
        intelligence community under paragraph (1).

SEC. 307. PROTECTIONS FOR INDEPENDENT INSPECTORS GENERAL OF ELEMENTS OF 
              THE INTELLIGENCE COMMUNITY.

    (a) Limitation on Activities of Employees of an Office of Inspector 
General.--
            (1) Limitation.--Each office of an inspector general for an 
        element of the intelligence community, including the Office of 
        the Inspector General of the Intelligence Community, shall 
        implement a policy that prohibits--
                    (A) an individual who holds a senior level position 
                in such an office of an inspector general from being 
                involved in any matter of such office that affects the 
                interests of an element of the intelligence community 
                that formerly employed the individual for a period of 
                not less than two years after the date the individual 
                left that employment; and
                    (B) an individual who holds a position that is not 
                a senior level position in such an office of an 
                inspector general from being involved in any matter of 
                such office that affects the interests of an element of 
                the intelligence community that formerly employed the 
                individual for a period of not less than one year after 
                the date the individual left that employment.
            (2) Senior level position defined.--In this subsection, the 
        term ``senior level position'' means a position in an office of 
        an inspector general of an element of the intelligence 
        community designated by the Director of National Intelligence 
        as a senior level position. In determining if a position shall 
        be designated as a senior level position, the Director of 
        National Intelligence shall consider whether--
                    (A) the position--
                            (i) is the head of an entity or a 
                        significant component within an agency;
                            (ii) is involved in the management or 
                        oversight matters of significant import to the 
                        leadership of an entity of the intelligence 
                        community;
                            (iii) serves in a position with significant 
                        responsibility on behalf of the intelligence 
                        community;
                            (iv) manages a significant number of 
                        personnel or funds; and
                            (v) has responsibility for management or 
                        oversight for sensitive intelligence 
                        activities; and
                    (B) the employee who holds the position is 
                compensated under the Senior Intelligence Service pay 
                scale.
    (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 of an element of the intelligence community, including 
        the Office of the Inspector General of the Intelligence 
        Community, to rotate to a position in the element for which 
        such office conducts audits, investigations, or reviews; and
            ``(ii) shall be implemented in a manner that exempts 
        employees of such an office from a rotation that may impact the 
        independence of the office.''.

SEC. 308. 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 impacts 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. 309. NOTIFICATION OF MEMORANDUMS OF UNDERSTANDING.

    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 intelligence activities 
between such element and any other entity 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.

SEC. 310. INTELLIGENCE COMMUNITY ASSISTANCE FOR NATIONALLY SIGNIFICANT 
              CRITICAL INFRASTRUCTURE.

    (a) Definitions.--In this section:
            (1) Covered critical infrastructure.--The term ``covered 
        critical infrastructure'' means the critical infrastructure 
        identified pursuant to section 9(a) of Executive Order 13636 of 
        February 12, 2013 (78 Fed. Reg. 11742; related to improving 
        critical infrastructure cybersecurity).
            (2) Covered cyber asset.--The term ``covered cyber asset'' 
        means an information system or industrial control system that 
        is essential to the operation of covered critical 
        infrastructure.
            (3) Program.--Except as otherwise specifically provided, 
        the term ``program'' means the program required by subsection 
        (b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) Sector-specific agency.--The term ``sector-specific 
        agency'' has the meaning given that term in Presidential Policy 
        Directive-21, issued February 12, 2013 (related to critical 
        infrastructure security and resilience), or any successor.
            (6) Voluntary participant.--The term ``voluntary 
        participant'' means an entity eligible to participate in the 
        program under subsection (e)(2) that has voluntarily elected to 
        participate in the program.
    (b) Requirement for Program.--Not later than 180 days after the 
date of the enactment of this Act, the Director of National 
Intelligence and the Secretary, in consultation with covered critical 
infrastructure and sector-specific agencies, shall establish and carry 
out a program to provide assistance from the elements of the 
intelligence community to covered critical infrastructure consistent 
with subsection (g).
    (c) Objective.--The objective of the program shall be to provide 
guidance and assistance from the elements of the intelligence community 
to covered critical infrastructure in order to reduce the risk of 
regional or national catastrophic harm caused by a cyber attack against 
covered critical infrastructure.
    (d) Director.--The Director of National Intelligence and the 
Secretary shall appoint a director of the program.
    (e) Participation.--
            (1) Intelligence community participation.--The program 
        shall include the participation of the following:
                    (A) The Office of Intelligence and Analysis of the 
                Department of Homeland Security.
                    (B) The Federal Bureau of Investigation.
                    (C) The Office of Intelligence and 
                Counterintelligence of the Department of Energy, 
                including the appropriate elements of the Department of 
                Energy National Laboratories.
                    (D) The Central Intelligence Agency.
                    (E) The National Security Agency.
                    (F) The National Intelligence Manager for cyber.
                    (G) The Office of Intelligence and Analysis of the 
                Department of the Treasury.
            (2) Voluntary participation.--Participation in the program 
        by entities external to the intelligence community shall be on 
        a voluntary basis and subject to approval by the director of 
        the program and may include the following:
                    (A) Covered critical infrastructure.
                    (B) Vendors and manufacturers of covered cyber 
                assets, and the components of such systems.
                    (C) Systems Integrators and other commercial 
                enterprises that provide configuration or remote 
                services for covered cyber assets.
                    (D) Appropriate personnel of the Information 
                Sharing and Analysis Organizations of covered critical 
                infrastructure sectors.
                    (E) Any entity nominated for participation by an 
                owner or operator of covered critical infrastructure.
    (f) Activities.--The director of the program is authorized to carry 
out activities to expand cooperation among private sector participants 
and the intelligence community in order to achieve the objective set 
out in subsection (c), as follows:
            (1) Sponsorship of security clearances for appropriate 
        personnel of the Information Sharing and Analysis Organizations 
        of certain critical infrastructure sectors, and expedite 
        security clearances, when appropriate.
            (2) The establishment of an interagency framework, in 
        consultation with voluntary participants, to determine a 
        strategy to effectively leverage intelligence community 
        resources made available to protect covered critical 
        infrastructure or to fulfill such objective.
            (3) Within the existing framework governing intelligence 
        prioritization, the identification of intelligence collection 
        requirements relevant to the security of covered cyber assets 
        and covered critical infrastructure.
            (4) Collaborative efforts with voluntary participants to 
        improve the detection, prevention, and mitigation of 
        unauthorized activity conducted by foreign actors against or 
        concerning covered critical infrastructure, including 
        espionage.
            (5) The provision of assistance regarding the research, 
        design, and development of protective and mitigation measures 
        for covered cyber assets, the networks utilized by covered 
        cyber assets, and the components of covered cyber assets to 
        voluntary participants.
            (6) The provision of technical assistance and input to 
        voluntary participants for testing and exercises related to 
        covered cyber assets.
    (g) Relationship to Existing Programs.--This section shall be 
carried out in a manner consistent with the existing roles, 
responsibilities, authorities, and programs of the United States 
Government.
    (h) No Cost to Covered Critical Infrastructure Participants.--A 
voluntary participant in the program that is covered critical 
infrastructure shall not be required to reimburse the United States 
Government for the use of any facility, personnel, contractor, 
equipment, service, or information of the United States Government 
utilized in an activity carried out pursuant to the program.
    (i) Prioritization of Assistance.--The Director of National 
Intelligence shall consider the national significance of covered 
critical infrastructure in the Director's process for prioritizing 
requirements and effectively allocating the resources of the 
intelligence community for assisting government efforts to help protect 
critical infrastructure owned or operated in the private sector.
    (j) No New Regulatory Authority.--Nothing in this section may be 
construed to authorize the Director of National Intelligence, the 
Secretary, or any other Federal regulator to promulgate new 
regulations.
    (k) Construction.--Nothing in this section may be construed to 
limit any authority or responsibility of an agency under existing law.

  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) Conforming amendment.--Section 401 of the Intelligence 
        Authorization Act for Fiscal Year 2016 (division M of Public 
        Law 114-113; 129 Stat. 2920) is repealed.
    (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.--Section 103F of the National Security Act of 1947 (50 
U.S.C. 3031) is amended--
            (1) by striking the section heading and inserting 
        ``director of the national counterintelligence and security 
        center'';
            (2) in subsection (a)--
                    (A) by striking the subsection heading and 
                inserting ``Director of the National 
                Counterintelligence and Security Center.--''; and
                    (B) 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
            (3) in subsection (b), by striking ``National 
        Counterintelligence Executive'' and inserting ``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,''.

                       Subtitle B--Other Elements

SEC. 411. ENHANCED DEATH BENEFITS FOR EMPLOYEES 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 an employee

    ``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.

SEC. 413. PROHIBITION ON THE DIRECTOR OF THE NATIONAL SECURITY AGENCY 
              SERVING CONTEMPORANEOUSLY AS A COMMANDER OF A COMBATANT 
              COMMAND.

    Section 2(a) of the National Security Agency Act of 1959 (50 U.S.C. 
3602(a)) is amended by adding at the end the following:
    ``(4) During any period that an individual is serving as the 
Director of the National Security Agency that individual may not serve 
as the commander of a unified combatant command (as defined in section 
161(c) of title 10, United States Code).''.

SEC. 414. ENHANCING THE TECHNICAL WORKFORCE FOR THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Requirement.--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 two years thereafter, the Director of the Federal Bureau of 
Investigation shall submit to the congressional intelligence committees 
a comprehensive strategic workforce report to demonstrate progress in 
expanding 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 of progress on initiatives to recruit, 
        train, and retain personnel with the necessary skills and 
        experiences in vital areas such as encryption, cryptography, 
        and big data analytics, including measurable benchmarks.
            (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.

             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, including the following:
                    (A) Establishment or funding of a front group.
                    (B) Covert broadcasting.
                    (C) Media manipulation.
                    (D) Disinformation and forgeries, funding agents of 
                influence, incitement, and offensive 
                counterintelligence, assassinations, or 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.--The President shall establish a committee to 
counter active measures by Russia to exert covert influence over 
peoples and governments.
    (c) Membership.--
            (1) In general.--The committee established under subsection 
        (b) shall be comprised of members who may vote on matters 
        before the committee, one of each of whom shall be appointed by 
        the following:
                    (A) The Director of National Intelligence.
                    (B) The Secretary of State.
                    (C) The Secretary of Defense.
                    (D) The Secretary of the Treasury.
                    (E) The Attorney General.
                    (F) The Secretary of Energy.
                    (G) The Director of the Federal Bureau of 
                Investigation.
                    (H) The head of each of the other elements of the 
                intelligence community.
                    (I) The head of any other agency or department of 
                the United States Government designated by the 
                President for purposes of this section.
            (2) Chair.--The member of the committee appointed by the 
        Secretary of State pursuant to paragraph (1)(B) shall serve as 
        the chair of the committee.
    (d) Meetings.--The committee shall meet at the direction of the 
chair, but not less often than once per month.
    (e) Duties.--The duties of the committee established under 
subsection (b) shall be as follows:
            (1) To counter active measures by Russia to exert covert 
        influence over peoples and government 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 under subsection (b) may 
employ such staff as the members of such committee consider 
appropriate. Funds for the employment of the staff shall be derived 
from amounts specifically designated for that purpose in the classified 
annex of this Act.

SEC. 502. LIMITATION ON TRAVEL OF ACCREDITED DIPLOMATS 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 of the Russian Federation in the United States may not be 
permitted to travel a distance in excess of 50 miles from their 
diplomatic post in the United States in a calendar quarter unless the 
Director of the Federal Bureau of Investigation certifies, in writing, 
to the appropriate committees of Congress that all diplomatic personnel 
of the Russian Federation complied during the preceding calendar 
quarter with notification requirements of the United States Government 
in connection with travel by such diplomatic personnel of a distance in 
excess of 50 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.

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 120 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 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, Abkhazia, 
                South Ossetia, 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.
    (c) Report.--
            (1) Requirement for report.--Not later than 120 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 update 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 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 the 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) An analysis of--
                            (i) the benefits the United States derives 
                        by being a party to the Open Skies Treaty; and
                            (ii) the potential implications and 
                        reactions of covered state parties if the 
                        United States withdraws from the Open Skies 
                        Treaty and the information sharing architecture 
                        of the Open Skies Treaty is replaced with one 
                        described in subsection (b).
    (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.

SEC. 504. REVIEWS ON COOPERATION BETWEEN THE INTELLIGENCE COMMUNITY AND 
              FOREIGN INTELLIGENCE ENTITIES.

    (a) Foreign Intelligence Entity Defined.--In this section, the term 
``foreign intelligence entity'' means any intelligence or security 
entity of a foreign country, an international organization, a non-state 
actor, or a sub-state actor.
    (b) Director of National Intelligence Review.--
            (1) Requirement for review.--Pursuant to the authority in 
        section 102A(k) of the National Security Act of 1947 (50 U.S.C. 
        3024(k)), the Director of National Intelligence shall conduct a 
        review of the number, scope, purpose, benefits, and risks of 
        the relationships between the elements of the intelligence 
        community and foreign intelligence entities.
            (2) Report.--
                    (A) 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 
                congressional intelligence committees a report on the 
                review required by paragraph (1).
                    (B) Content.--The report required by subparagraph 
                (A) shall include the following:
                            (i) An assessment of the alignment and 
                        synchronization of the relationships between 
                        the elements of the intelligence community and 
                        foreign intelligence entities, including such 
                        relationships established for the purposes of 
                        analytic exchange, operational cooperation, 
                        accommodation procurement, and training and 
                        education.
                            (ii) A description of any new relationship 
                        between an element of the intelligence 
                        community and a foreign intelligence entity or 
                        of any significant change to an existing such 
                        relationship that the Director of National 
                        Intelligence approved during the 1-year period 
                        ending on date the report required by 
                        subparagraph (A) is submitted.
                            (iii) A description of any significant 
                        unauthorized disclosure or other significant 
                        security or counterintelligence lapse that 
                        occurred as a result of such a relationship 
                        during such 1-year period.
                            (iv) An analysis of the alignment of such 
                        relationships with the foreign policy 
                        objectives of the United States and the 
                        activities of other agencies or departments of 
                        the United States Government.
    (c) Director of Central Intelligence Agency Review.--
            (1) Requirement for review.--Pursuant to the authority in 
        section 104A(f) of the National Security Act of 1947 (50 U.S.C. 
        3036(f)), the Director of the Central Intelligence Agency shall 
        conduct a review of the coordination of the relationships 
        between the elements of the intelligence community and foreign 
        intelligence entities.
            (2) Report.--
                    (A) Requirement for report.--Not later than 180 
                days after the date of the enactment of this Act, the 
                Director of the Central Intelligence Agency shall 
                submit to the congressional intelligence committees a 
                report on the review required by paragraph (1).
                    (B) Content.--The report required by subparagraph 
                (A) shall include the following:
                            (i) An assessment of the coordination of 
                        the Central Intelligence Agency of the 
                        relationships between the elements of the 
                        intelligence community and foreign intelligence 
                        entities in foreign countries.
                            (ii) A plan for rationalizing and 
                        harmonizing relationships between the Central 
                        Intelligence Agency and foreign intelligence 
                        entities across the directorates of the Agency.
                            (iii) An assessment for each foreign 
                        country of the strength, value, and risks of 
                        the relationships between the Central 
                        Intelligence Agency and foreign intelligence 
                        entities of that country.

         TITLE VI--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

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

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

SEC. 602. APPOINTMENT OF STAFF OF THE PRIVACY AND CIVIL LIBERTIES 
              OVERSIGHT BOARD.

    Section 1061(j) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee(j)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Appointment in absence of chairman.--If the position 
        of chairman of the Board is vacant, during the period of the 
        vacancy, the Board, at the direction of the unanimous vote of 
        the members of the Board, may exercise the authority of the 
        chairman under paragraph (1).''.

SEC. 603. PROTECTION OF THE PRIVACY AND CIVIL LIBERTIES OF UNITED 
              STATES PERSONS.

    Section 1061 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee) is amended--
            (1) in subsection (c)(1), by striking ``privacy and civil 
        liberties;'' and inserting ``the privacy and civil liberties of 
        United States persons;'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking 
                        ``privacy and civil liberties'' and inserting 
                        ``the privacy and civil liberties of United 
                        States persons''; and
                            (ii) in subparagraph (D)--
                                    (I) in clause (i), by striking 
                                ``privacy and civil liberties;'' and 
                                inserting ``the privacy and civil 
                                liberties of United States persons;''; 
                                and
                                    (II) in clause (ii), by striking 
                                ``privacy and civil liberties;'' and 
                                inserting ``the privacy and civil 
                                liberties of United States persons;''; 
                                and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``privacy and civil liberties'' and inserting 
                        ``the privacy and civil liberties of United 
                        States persons'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``protect privacy 
                                and civil liberties'' and inserting 
                                ``protect the privacy and civil 
                                liberties of United States persons''; 
                                and
                                    (II) by striking ``regarding 
                                protect privacy and civil liberties;'' 
                                and inserting ``regarding the privacy 
                                and civil liberties of United States 
                                persons;''; and
                            (iii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``privacy and civil liberties;'' and 
                                inserting ``the privacy and civil 
                                liberties of United States persons;''; 
                                and
                                    (II) in clause (ii), by striking 
                                ``privacy and civil liberties.'' and 
                                inserting ``the privacy and civil 
                                liberties of United States persons.''; 
                                and
            (3) by striking subsection (m) and inserting the following:
    ``(m) United States Person Defined.--In this section, the term 
`United States person' has the meaning given that term in section 
105A(c) of the National Security Act of 1947 (50 U.S.C. 3039(c)).''.

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

SEC. 701. DECLASSIFICATION REVIEW OF INFORMATION ON GUANTANAMO 
              DETAINEES AND MITIGATION MEASURES TAKEN TO MONITOR THE 
              INDIVIDUALS AND PREVENT FUTURE ATTACKS.

    (a) In General.--For each individual detained at United States 
Naval Station, Guantanamo Bay, Cuba, who was transferred or released 
from United States Naval Station, Guantanamo Bay, the Director of 
National Intelligence shall--
            (1) complete a declassification review of information on 
        the past terrorist activities of such individual;
            (2) make available to the public any information 
        declassified as a result of the declassification review; and
            (3) submit to the congressional intelligence committees a 
        report setting forth--
                    (A) the results of the declassification review; and
                    (B) if any information covered by the 
                declassification review was not declassified pursuant 
                to the review, a justification for the determination 
                not to declassify such information.
    (b) Schedule.--
            (1) Initial reviews.--Not later than 120 days after the 
        date of the enactment of this Act, the Director of National 
        Intelligence shall submit the initial 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) Other reviews.--Not later than 60 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) Mitigation Measures and Past Treatment of Detainees.--The 
reviews and reports described in subsection (a) and subsection (b) 
shall include mitigation measures being taken by the country where the 
individual has been transferred or released to monitor the individual 
and to prevent the individual from carrying out future terrorist 
activities and other factors that contributed to the decision to 
transfer or release the individual.
    (d) 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).
            (6) A description of the intelligence supporting any matter 
        specified in paragraphs (1) through (5), including the extent 
        to which such intelligence was corroborated, the level of 
        confidence held by the intelligence community, and any dissent 
        or reassessment by an element of the intelligence community.

SEC. 702. LIMITATION ON TRANSFER OF GUANTANAMO DETAINEES TO FOREIGN 
              COUNTRIES.

    (a) Compliance Required.--
            (1) In general.--An individual detained at Guantanamo may 
        not be transferred or released to a foreign country until after 
        the date that the Director of National Intelligence certifies 
        that an intelligence driven threat monitoring system has been 
        established and is sufficient to mitigate the risk of such 
        individuals reengaging in terrorist activity or posing a threat 
        to United States persons or national security, and that the 
        intelligence community has the capability to monitor all such 
        individuals by appropriate means to provide assessments on the 
        activity of such individuals, as required.
            (2) Construction.--The requirement in paragraph (1) in 
        connection with the transfer or release of an individual 
        detained at Guantanamo is in addition to any other requirement 
        applicable to the transfer or release of the individual in law.
    (b) Individual Detained at Guantanamo Defined.--In this section, 
the term ``individual detained at Guantanamo'' means an individual 
located at United States Naval Station, Guantanamo Bay, Cuba, as of 
October 1, 2009, who--
            (1) is not a national of the United States (as defined in 
        section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)) or a member of the Armed Forces of the 
        United States; and
            (2) is--
                    (A) in the custody or under the control of the 
                Department of Defense; or
                    (B) otherwise detained at United States Naval 
                Station, Guantanamo Bay.

                 TITLE VIII--REPORTS AND OTHER MATTERS

SEC. 801. SUBMISSION OF INTELLIGENCE RELATED INFORMATION IN CERTAIN 
              REPORTS BY THE SECRETARY OF DEFENSE.

    Subsection (e) of section 119 of title 10, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``The Secretary of 
        Defense'' and inserting ``Subject to paragraph (3), the 
        Secretary of Defense''; and
            (2) by adding at the end the following:
    ``(3) The Secretary may not exercise the authority provided under 
paragraph (1) to waive the requirement that certain information be 
included in a report, if the information is related to intelligence or 
intelligence-related activities.''.

SEC. 802. CYBER CENTER FOR EDUCATION AND INNOVATION HOME OF THE 
              NATIONAL CRYPTOLOGIC MUSEUM.

    (a) In General.--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 Authorized.--The Secretary of Defense may 
establish at Fort George G. Meade, Maryland, a center to be known as 
the `Cyber Center for Education and Innovation Home of the National 
Cryptologic Museum' (in this section referred to as the `Center'). The 
Center may be used for the identification, curation, storage, and 
public viewing of materials relating to the activities of the National 
Security Agency and the Central Security Service, any predecessor or 
successor organizations, and the history of cryptology. 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 non-profit 
organization, for the design, construction, and operation of the 
Center.
    ``(c) Acceptance Authority.--
            ``(1) Acceptance of facility.--If the Foundation constructs 
        the Center pursuant to an agreement 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 such phase from the Foundation, and all right, title, and 
        interest in the Center or such phase shall vest in the United 
        States.
            ``(2) Acceptance of services.--Notwithstanding section 1342 
        of title 31, the Secretary may accept services from the 
        Foundation. For purposes of this section and any other 
        provision of law, employees or personnel of the Foundation may 
        not be considered to be employees of the United States.
    ``(d) Use of Certain Gifts.--
            ``(1) Management of smaller gifts.--Under regulations 
        prescribed by the Secretary, the Director of the National 
        Security Agency may, without regard to section 2601 of this 
        title, accept, hold, administer, invest, and spend for the 
        benefit of the Center any gift, devise, or bequest of personal 
        property, or of money of a value of $500,000 or less, made for 
        the benefit of the Center.
            ``(2) Payment of expenses.--The Director may pay or 
        authorize the payment of any reasonable and necessary expenses 
        in connection with the conveyance or transfer of a gift, 
        devise, or bequest under this subsection.
    ``(e) Authority To Assess Fees and Use of Funds.--
            ``(1) Fees and user charges.--Under regulations prescribed 
        by the Secretary, the Director may assess fees and user charges 
        for the use of Center facilities and property, including 
        rental, user, conference, and concession fees.
            ``(2) Use of funds.--Amounts received under paragraph (1) 
        shall be used for the benefit of the Center.
    ``(f) Fund.--If the Center is established pursuant to subsection 
(a), there shall be established on the books of the Treasury a fund to 
be known as the `Cyber Center for Education and Innovation Home of the 
National Cryptologic Museum Fund'. Gifts of money under subsection (d), 
and fees and user charges received under subsection (e), shall be 
deposited in the fund and be available until expended for the benefit 
of the Center, including costs of operation and of the acquisition of 
books, manuscripts, works of art, historical artifacts, drawings, 
plans, models, and condemned or obsolete combat material.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 449 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. 803. COUNTERINTELLIGENCE ACCESS TO TELEPHONE TOLL AND 
              TRANSACTIONAL RECORDS.

    Subsection (b) of section 2709 of title 18, United States Code, is 
amended to read as follows:
    ``(b) Required Certification.--The Director of the Federal Bureau 
of Investigation, or the designee of the Director in a position not 
lower than Deputy Assistant Director at Bureau headquarters or a 
Special Agent in Charge in a Bureau field office designated by the 
Director, may, using a term that specifically identifies a person, 
entity, telephone number, or account as the basis for a request, 
request the name, address, length of service, local and long distance 
toll billing records, and electronic communication transactional 
records of a person or entity, but not the contents of an electronic 
communication, if the Director (or the designee) certifies in writing 
to the wire or electronic communication service provider to which the 
request is made that the name, address, length of service, toll billing 
records, and electronic communication transactional records sought are 
relevant to an authorized investigation to protect against 
international terrorism or clandestine intelligence activities, 
provided that such an investigation of a United States person is not 
conducted solely on the basis of activities protected by the First 
Amendment to the Constitution of the United States.''.

SEC. 804. 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. 805. 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. 806. IMPROVEMENT OF 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 collaboration 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 coordination with the Secretary of Defense, 
        shall submit to the appropriate committees of Congress a plan 
        to harmonize the governance, operations, analysis, and 
        collection activities related to space and counterspace carried 
        out by the intelligence community under the oversight of a 
        single appropriate official.
            (2) Appointment by the director of national intelligence.--
        The official referred to in paragraph (1) shall be appointed by 
        the Director of National Intelligence, in consultation with the 
        Secretary of Defense.
            (3) Scope of plan.--The plan required by paragraph (1) 
        shall include methods to harmonize activities carried out by--
                    (A) the National Reconnaissance Office;
                    (B) the functional managers for signals 
                intelligence and geospatial intelligence;
                    (C) the National Intelligence Council and other 
                intelligence community analytic organizations;
                    (D) the National Intelligence Manager for Space and 
                Technical Intelligence;
                    (E) the Space Security and Defense Program;
                    (F) the Joint Demonstration Oversight Board;
                    (G) the Joint Space Doctrine and Tactics Forum; and
                    (H) the Joint Interagency Combined Space Operations 
                Center.
    (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, policy, acquisition, and analysis.
    (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 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) New start.--For purposes of subsection (e), any 
        significant activity conducted by the Joint Interagency 
        Combined Space Operations Center after the completion of the 
        experimental phase of such Center shall be considered a new 
        start.

SEC. 807. 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 leverage the organic life 
        science and biotechnology expertise within the intelligence 
        community and the utilization of outside expertise 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 a written report and provide a briefing to the congressional 
intelligence committees 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. 808. 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 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 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 written report and provide a 
        briefing to the congressional intelligence committees 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 February 1, 
        2017, the Director of National Intelligence shall submit a 
        written 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. 809. IMPROVEMENT IN GOVERNMENT CLASSIFICATION AND 
              DECLASSIFICATION.

    (a) Fundamental Classification Guidance Reviews.--
            (1) Requirement for reviews.--Not less frequently than once 
        every five years, the head of each agency and department of the 
        United States shall complete a fundamental classification 
        guidance review for such agency or department--
                    (A) to ensure the classification guidance of such 
                agency or department reflects current circumstances, to 
                include standards for classification; and
                    (B) to identify classified information that no 
                longer requires protection and may be declassified.
            (2) Reports on reviews.--The head of each agency or 
        department required to conduct a review under this subsection 
        shall--
                    (A) submit a report summarizing the results of each 
                such review to the President and congressional 
                intelligence committees; and
                    (B) release to the public an unclassified version 
                of each report required by subparagraph (A).
    (b) Certification of Controlled Access Programs.--
            (1) Certification.--The Director of National Intelligence 
        shall certify annually to the congressional intelligence 
        committees the creation, validation, or substantial 
        modification, to include termination, for all existing and 
        proposed controlled access programs, and the compartments and 
        subcompartments within each.
            (2) Information required.--Each certification pursuant to 
        paragraph (1) shall include--
                    (A) the rationale for the revalidation, validation, 
                or substantial modification, to include 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. 810. 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. 811. 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 a written 
report and provide a briefing to the congressional intelligence 
committees 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. 812. 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.
                                                       Calendar No. 504

114th CONGRESS

  2d Session

                                S. 3017

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                              June 6, 2016

                 Read twice and placed on the calendar