[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[Senate]
[Page S3587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4523. Mr. BURR (for himself, Mrs. Feinstein, and Ms. Collins) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1207, line 13, strike ``limitation on'' and insert 
     ``process for''.

       On page 1207, line 18, insert ``ending of the'' after 
     ``that the''.

       On page 1207, beginning on line 21, strike ``is in the 
     national security interests of the United States.'' and 
     insert ``needs to be carefully considered and done through 
     conditions-based criteria and, until such arrangement is 
     ended, it is important to ensure such arrangement does not 
     impede the Director's service of national intelligence 
     requirements.''.

       On page 1207, line 23, strike ``Limitation on'' and insert 
     ``Process for''.

       On page 1207, line 25, strike ``until'' and insert 
     ``until--''.

       Beginning on page 1207, line 25, strike ``the Secretary'' 
     and all that follows through page 1208, line 6, and insert 
     the following:
       (1) the Secretary and the Chairman of the Joint Chiefs of 
     Staff jointly determine and certify to the appropriate 
     committees of Congress that the end of that arrangement will 
     not pose risks to the military effectiveness of the United 
     States Cyber Command that are unacceptable in the national 
     security interests of the United States; or
       (2) the Director of National Intelligence determines and 
     certifies to the appropriate committees of Congress that the 
     continuation of that arrangement poses risks and impedes the 
     appropriate prioritization of national intelligence 
     requirements.

       On page 1208, beginning on line 7, strike ``Secretary and 
     the Chairman'' and insert ``Secretary of Defense, the 
     Chairman of the Joint Chiefs of Staff, and the Director of 
     National Intelligence''.

       On page 1209, strike lines 3 through 12, and insert the 
     following:
       (5) The ability to meet national intelligence requirements.
       (6) The ability to correctly and impartially conduct 
     intelligence gain and loss assessments in scenarios with 
     competing requirements.
       (d) Reports.--Not later than 90 days of the date of the 
     enactment of this Act and annually thereafter until a 
     certification is made in accordance with subsection (b)--
       (1) the Secretary of Defense and the Chairman of the Joint 
     Chiefs of Staff shall submit to the appropriate committees of 
     Congress a report that describes which of the conditions set 
     out under subsection (c) have not been met; and
       (2) the Director of National Intelligence shall submit to 
     the appropriate committees of Congress an assessment of the 
     Director's continuing ability to meet national intelligence 
     requirements and appropriately conduct intelligence gain and 
     loss assessments in scenarios with competing requirements.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress defined.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) National intelligence.--The term ``national 
     intelligence'' has the meaning given that term in section 3 
     of the National Security Act of 1947 (50 U.S.C. 3003).
                                 ______