II 

Calendar No. 4 

115TH CONGRESS 

1ST SESSION S. 133 

[Report No. 115–2] 

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 

JANUARY 12, 2017 

Mr. BURR introduced the following bill; which was read twice and referred to 

the Select Committee on Intelligence 

JANUARY 20, 2017 

Reported by Mr. BURR, without amendment 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Intelligence Authorization Act for Fiscal Year 2017’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Sec. 301. Restriction on conduct of intelligence activities. 

Sec. 302. Increase in employee compensation and benefits authorized by law. 

Sec. 303. Support to nonprofit organizations assisting intelligence community 

employees. 

Sec. 304. Promotion of science, technology, engineering, and mathematics education in the intelligence community. 

Sec. 305. Retention of employees of the intelligence community who have 

science, technology, engineering, or mathematics expertise. 

Sec. 306. Multi-sector workforce. 

Sec. 307. Notification of repair or modification of facilities to be used primarily 

by the intelligence community. 

Sec. 308. Guidance and reporting requirement regarding the interactions between the intelligence community and entertainment industry. 

Sec. 309. Protections for independent inspectors general of certain elements of 

the intelligence community. 

Sec. 310. Congressional oversight of policy directives and guidance. 

Sec. 311. Notification of memoranda of understanding. 

Sec. 312. Assistance for nationally significant critical infrastructure. 

Sec. 313. Technical correction to Executive Schedule. 

Sec. 314. Maximum amount charged for declassification reviews. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Designation of the Director of the National Counterintelligence and 

Security Center. 

Sec. 402. Analyses and impact statements by Director of National Intelligence 

regarding investment into the United States. 


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Sec. 403. Assistance for governmental entities and private entities in recognizing online violent extremist content. 

Subtitle B—Central Intelligence Agency 

Sec. 411. Enhanced death benefits for personnel of the Central Intelligence 

Agency. 

Sec. 412. Pay and retirement authorities of the Inspector General of the Central Intelligence Agency. 

Subtitle C—Other Elements 

Sec. 421. Enhancing the technical workforce for the Federal Bureau of Investigation. 

Sec. 422. Plan on assumption of certain weather missions by the National Reconnaissance Office. 

TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES 

Sec. 501. Committee to counter active measures by the Russian Federation to 

exert covert influence over peoples and governments. 

Sec. 502. Strict enforcement of travel protocols and procedures of accredited 

diplomatic and consular personnel of the Russian Federation in 

the United States. 

Sec. 503. Study and report on enhanced intelligence and information sharing 

with Open Skies Treaty member states. 

TITLE VI—REPORTS AND OTHER MATTERS 

Sec. 601. Declassification review with respect to detainees transferred from 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 602. Cyber Center for Education and Innovation-Home of the National 

Cryptologic Museum. 

Sec. 603. Report on national security systems. 

Sec. 604. Joint facilities certification. 

Sec. 605. Leadership and management of space activities. 

Sec. 606. Advances in life sciences and biotechnology. 

Sec. 607. Reports on declassification proposals. 

Sec. 608. Improvement in Government classification and declassification. 

Sec. 609. Report on implementation of research and development recommendations. 

Sec. 610. Report on Intelligence Community Research and Development Corps. 

Sec. 611. Report on information relating to academic programs, scholarships, 

fellowships, and internships sponsored, administered, or used 

by the intelligence community. 

Sec. 612. Report on intelligence community employees detailed to National Security Council. 

Sec. 613. Intelligence community reporting to Congress on foreign fighter 

flows. 

Sec. 614. Report on cybersecurity threats to seaports of the United States and 

maritime shipping. 

Sec. 615. Report on counter-narrative activities. 

Sec. 616. Report on reprisals against contractors of the intelligence community. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 


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1 (1) CONGRESSIONAL INTELLIGENCE COMMIT2 TEES.—The term ‘‘congressional intelligence com3 mittees’’ means— 

4 (A) the Select Committee on Intelligence of 

5 the Senate; and 

6 (B) the Permanent Select Committee on 

7 Intelligence of the House of Representatives. 

8 (2) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

10 that term in section 3(4) of the National Security 

11 Act of 1947 (50 U.S.C. 3003(4)). 

12 TITLE I—INTELLIGENCE 

13 ACTIVITIES 

14 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2017 for the conduct of the intelligence and 

17 intelligence-related activities of the following elements of 

18 the United States Government: 

19 (1) The Office of the Director of National Intel20 ligence. 

21 (2) The Central Intelligence Agency. 

22 (3) The Department of Defense. 

23 (4) The Defense Intelligence Agency. 

24 (5) The National Security Agency. 


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1 (6) The Department of the Army, the Depart2 ment of the Navy, and the Department of the Air 

3 Force. 

4 (7) The Coast Guard. 

5 (8) The Department of State. 

6 (9) The Department of the Treasury. 

7 (10) The Department of Energy. 

8 (11) The Department of Justice. 

9 (12) The Federal Bureau of Investigation. 

10 (13) The Drug Enforcement Administration. 

11 (14) The National Reconnaissance Office. 

12 (15) The National Geospatial-Intelligence Agen13 cy. 

14 (16) The Department of Homeland Security. 

15 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

16 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

17 authorized to be appropriated under section 101 and, sub18 ject to section 103, the authorized personnel ceilings as 

19 of September 30, 2017, for the conduct of the intelligence 

20 activities of the elements listed in paragraphs (1) through 

21 (16) of section 101, are those specified in the classified 

22 Schedule of Authorizations prepared to accompany the bill 

23 S. 133 of the One Hundred Fifteenth Congress. 

24 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU25 THORIZATIONS.— 


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1 (1) AVAILABILITY.—The classified Schedule of 

2 Authorizations referred to in subsection (a) shall be 

3 made available to the Committee on Appropriations 

4 of the Senate, the Committee on Appropriations of 

5 the House of Representatives, and to the President. 

6 (2) DISTRIBUTION BY THE PRESIDENT.—Sub7 ject to paragraph (3), the President shall provide for 

8 suitable distribution of the classified Schedule of Au9 thorizations referred to in subsection (a), or of ap10 propriate portions of such Schedule, within the exec11 utive branch. 

12 (3) LIMITS ON DISCLOSURE.—The President 

13 shall not publicly disclose the classified Schedule of 

14 Authorizations or any portion of such Schedule ex15 cept— 

16 (A) as provided in section 601(a) of the 

17 Implementing Recommendations of the 9/11 

18 Commission Act of 2007 (50 U.S.C. 3306(a)); 

19 (B) to the extent necessary to implement 

20 the budget; or 

21 (C) as otherwise required by law. 

22 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

23 (a) AUTHORITY FOR INCREASES.—The Director of 

24 National Intelligence may authorize employment of civil25 ian personnel in excess of the number authorized for fiscal 


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1 year 2017 by the classified Schedule of Authorizations re2 ferred to in section 102(a) if the Director of National In3 telligence determines that such action is necessary to the 

4 performance of important intelligence functions, except 

5 that the number of personnel employed in excess of the 

6 number authorized under such section may not, for any 

7 element of the intelligence community, exceed— 

8 (1) 3 percent of the number of civilian per9 sonnel authorized under such schedule for such ele10 ment; or 

11 (2) 10 percent of the number of civilian per12 sonnel authorized under such schedule for such ele13 ment for the purposes of contractor conversions. 

14 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di15 rector of National Intelligence shall establish guidelines 

16 that govern, for each element of the intelligence commu17 nity, the treatment under the personnel levels authorized 

18 under section 102(a), including any exemption from such 

19 personnel levels, of employment or assignment in— 

20 (1) a student program, trainee program, or 

21 similar program; 

22 (2) a reserve corps or as a reemployed annu23 itant; or 

24 (3) details, joint duty, or long-term, full-time 

25 training. 


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1 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

2 COMMITTEES.—Not later than 15 days prior to the exer3 cise of an authority described in subsection (a), the Direc4 tor of National Intelligence shall submit to the congres5 sional intelligence committees— 

6 (1) a written notice of the exercise of such au7 thority; and 

8 (2) in the case of an exercise of such authority 

9 subject to the limitation in subsection (a)(2), a writ10 ten justification for the contractor conversion. 

11 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC12 COUNT. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated for the Intelligence Commu15 nity Management Account of the Director of National In16 telligence for fiscal year 2017 the sum of $561,788,000. 

17 Within such amount, funds identified in the classified 

18 Schedule of Authorizations referred to in section 102(a) 

19 for advanced research and development shall remain avail20 able until September 30, 2018. 

21 (b) AUTHORIZED PERSONNEL LEVELS.—The ele22 ments within the Intelligence Community Management 

23 Account of the Director of National Intelligence are au24 thorized 787 positions as of September 30, 2017. Per25 sonnel serving in such elements may be permanent emVerDate Sep 11 2014 23:40 Jan 20, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S133.RS S133

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1 ployees of the Office of the Director of National Intel2 ligence or personnel detailed from other elements of the 

3 United States Government. 

4 (c) CLASSIFIED AUTHORIZATIONS.— 

5 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

6 addition to amounts authorized to be appropriated 

7 for the Intelligence Community Management Ac8 count by subsection (a), there are authorized to be 

9 appropriated for the Intelligence Community Man10 agement Account for fiscal year 2017 such addi11 tional amounts as are specified in the classified 

12 Schedule of Authorizations referred to in section 

13 102(a). Such additional amounts made available for 

14 advanced research and development shall remain 

15 available until September 30, 2018. 

16 (2) AUTHORIZATION OF PERSONNEL.—In addi17 tion to the personnel authorized by subsection (b) 

18 for elements of the Intelligence Community Manage19 ment Account as of September 30, 2017, there are 

20 authorized such additional personnel for the Com21 munity Management Account as of that date as are 

22 specified in the classified Schedule of Authorizations 

23 referred to in section 102(a). 


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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund 

8 for fiscal year 2017 the sum of $514,000,000. 

9 TITLE III—GENERAL INTEL10 LIGENCE COMMUNITY MAT11 TERS 

12 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

13 ACTIVITIES. 

14 The authorization of appropriations by this Act shall 

15 not be deemed to constitute authority for the conduct of 

16 any intelligence activity which is not otherwise authorized 

17 by the Constitution or the laws of the United States. 

18 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

19 BENEFITS AUTHORIZED BY LAW. 

20 Appropriations authorized by this Act for salary, pay, 

21 retirement, and other benefits for Federal employees may 

22 be increased by such additional or supplemental amounts 

23 as may be necessary for increases in such compensation 

24 or benefits authorized by law. 


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1 SEC. 303. SUPPORT TO NONPROFIT ORGANIZATIONS AS2 SISTING INTELLIGENCE COMMUNITY EM3 PLOYEES. 

4 (a) DIRECTOR OF NATIONAL INTELLIGENCE.—Sec5 tion 102A of the National Security Act of 1947 (50 U.S.C. 

6 3024) is amended by adding at the end the following: 

7 ‘‘(y) FUNDRAISING.—(1) The Director of National 

8 Intelligence may engage in fundraising in an official ca9 pacity for the benefit of nonprofit organizations that— 

10 ‘‘(A) provide support to surviving family mem11 bers of a deceased employee of an element of the in12 telligence community; or 

13 ‘‘(B) otherwise provide support for the welfare, 

14 education, or recreation of employees of an element 

15 of the intelligence community, former employees of 

16 an element of the intelligence community, or family 

17 members of such employees. 

18 ‘‘(2) In this subsection, the term ‘fundraising’ means 

19 the raising of funds through the active participation in the 

20 promotion, production, or presentation of an event de21 signed to raise funds and does not include the direct solici22 tation of money by any other means. 

23 ‘‘(3) Not later than 7 days after the date the Director 

24 engages in fundraising authorized by this subsection or 

25 at the time the decision is made to participate in such 


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1 fundraising, the Director shall notify the congressional in2 telligence committees of such fundraising. 

3 ‘‘(4) The Director, in consultation with the Director 

4 of the Office of Government Ethics, shall issue regulations 

5 to carry out the authority provided in this subsection. 

6 Such regulations shall ensure that such authority is exer7 cised in a manner that is consistent with all relevant eth8 ical constraints and principles, including the avoidance of 

9 any prohibited conflict of interest or appearance of impro10 priety.’’. 

11 (b) DIRECTOR OF THE CENTRAL INTELLIGENCE

12 AGENCY.—Section 12(f) of the Central Intelligence Agen13 cy Act of 1949 (50 U.S.C. 3512(f)) is amended by adding 

14 at the end the following: 

15 ‘‘(3) Not later than the date that is 7 days after the 

16 date the Director engages in fundraising authorized by 

17 this subsection or at the time the decision is made to par18 ticipate in such fundraising, the Director shall notify the 

19 Select Committee on Intelligence of the Senate and the 

20 Permanent Select Committee on Intelligence of the House 

21 of Representatives of the fundraising.’’. 


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1 SEC. 304. PROMOTION OF SCIENCE, TECHNOLOGY, ENGI2 NEERING, AND MATHEMATICS EDUCATION IN 

3 THE INTELLIGENCE COMMUNITY. 

4 (a) REQUIREMENT FOR INVESTMENT STRATEGY FOR

5 STEM RECRUITING AND OUTREACH ACTIVITIES.—Along 

6 with the budget for fiscal year 2018 submitted by the 

7 President pursuant to section 1105(a) of title 31, United 

8 States Code, the Director of National Intelligence shall 

9 submit a five-year investment strategy for outreach and 

10 recruiting efforts in the fields of science, technology, engi11 neering, and mathematics (STEM), to include cybersecu12 rity and computer literacy. 

13 (b) REQUIREMENT FOR INTELLIGENCE COMMUNITY

14 PLANS FOR STEM RECRUITING AND OUTREACH ACTIVI15 TIES.—For each of the fiscal years 2018 through 2022, 

16 the head of each element of the intelligence community 

17 shall submit an investment plan along with the materials 

18 submitted as justification of the budget request of such 

19 element that supports the strategy required by subsection 

20 (a). 

21 SEC. 305. RETENTION OF EMPLOYEES OF THE INTEL22 LIGENCE COMMUNITY WHO HAVE SCIENCE, 

23 TECHNOLOGY, ENGINEERING, OR MATHE24 MATICS EXPERTISE. 

25 (a) SPECIAL RATES OF PAY FOR CERTAIN OCCUPA26 TIONS IN THE INTELLIGENCE COMMUNITY.—The NaVerDate Sep 11 2014 23:40 Jan 20, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S133.RS S133

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1 tional Security Act of 1947 (50 U.S.C. 3001 et seq.) is 

2 amended by inserting after section 113A the following: 

3 ‘‘SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECH4 NOLOGY, ENGINEERING, OR MATHEMATICS 

5 POSITIONS. 

6 ‘‘(a) AUTHORITY TO SET SPECIAL RATES OF PAY.— 

7 Notwithstanding part III of title 5, United States Code, 

8 the head of each element of the intelligence community 

9 may establish higher minimum rates of pay for 1 or more 

10 categories of positions in such element that require exper11 tise in science, technology, engineering, or mathematics 

12 (STEM). 

13 ‘‘(b) MAXIMUM SPECIAL RATE OF PAY.—A minimum 

14 rate of pay established for a category of positions under 

15 subsection (a) may not exceed the maximum rate of basic 

16 pay (excluding any locality-based comparability payment 

17 under section 5304 of title 5, United States Code, or simi18 lar provision of law) for the position in that category of 

19 positions without the authority of subsection (a) by more 

20 than 30 percent, and no rate may be established under 

21 this section in excess of the rate of basic pay payable for 

22 level IV of the Executive Schedule under section 5315 of 

23 title 5, United States Code. 

24 ‘‘(c) NOTIFICATION OF REMOVAL FROM SPECIAL

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1 ligence community removes a category of positions from 

2 coverage under a rate of pay authorized by subsection (a) 

3 after that rate of pay takes effect— 

4 ‘‘(1) the head of such element shall provide no5 tice of the loss of coverage of the special rate of pay 

6 to each individual in such category; and 

7 ‘‘(2) the loss of coverage will take effect on the 

8 first day of the first pay period after the date of the 

9 notice. 

10 ‘‘(d) REVISION OF SPECIAL RATES OF PAY.—Subject 

11 to the limitations in this section, rates of pay established 

12 under this section by the head of the element of the intel13 ligence community may be revised from time to time by 

14 the head of such element and the revisions have the force 

15 and effect of statute. 

16 ‘‘(e) REGULATIONS.—The head of each element of 

17 the intelligence community shall promulgate regulations to 

18 carry out this section with respect to such element, which 

19 shall, to the extent practicable, be comparable to the regu20 lations promulgated to carry out section 5305 of title 5, 

21 United States Code. 

22 ‘‘(f) REPORTS.— 

23 ‘‘(1) REQUIREMENT FOR REPORTS.—Not later 

24 than 90 days after the date of the enactment of the 

25 Intelligence Authorization Act for Fiscal Year 2017, 


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1 the head of each element of the intelligence commu2 nity shall submit to the congressional intelligence 

3 committees a report on any rates of pay established 

4 for such element under this section. 

5 ‘‘(2) CONTENTS.—Each report required by 

6 paragraph (1) shall contain for each element of the 

7 intelligence community— 

8 ‘‘(A) a description of any rates of pay es9 tablished under subsection (a); and 

10 ‘‘(B) the number of positions in such ele11 ment that will be subject to such rates of pay.’’. 

12 (b) TABLE OF CONTENTS AMENDMENT.—The table 

13 of contents in the first section of the National Security 

14 Act of 1947 is amended by inserting after the item relat15 ing to section 113A the following: 

‘‘Sec. 113B. Special pay authority for science, technology, engineering, or math 

positions.’’. 

16 SEC. 306. MULTI-SECTOR WORKFORCE. 

17 (a) MULTI-SECTOR WORKFORCE INITIATIVE.— 

18 (1) REQUIREMENT.—Beginning on October 1, 

19 2018, the Director of National Intelligence shall im20 plement a multi-sector workforce initiative— 

21 (A) to improve management of the work22 force of the intelligence community; 


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1 (B) to achieve an appropriate ratio of em2 ployees of the United States Government and 

3 core contractors in such workforce; and 

4 (C) to establish processes that enables ele5 ments of the intelligence community to build 

6 and maintain an appropriate ratio of such em7 ployees and core contractors. 

8 (2) BRIEFING TO CONGRESS.—Not later than 

9 July 1, 2018, the Director of National Intelligence 

10 shall brief the congressional intelligence committees 

11 on the initiative required by paragraph (1). 

12 (b) MANAGEMENT BASED ON WORKLOAD REQUIRE13 MENTS.— 

14 (1) IN GENERAL.—Beginning on October 1, 

15 2018, the personnel of the intelligence community 

16 shall be managed each fiscal year solely on the basis 

17 of, and consistent with— 

18 (A) the workload required to carry out the 

19 functions and activities of the intelligence com20 munity; and 

21 (B) the funds made available to the intel22 ligence community for such fiscal year. 

23 (2) PROHIBITION ON CONSTRAINTS OR LIMITA24 TIONS.—Beginning on October 1, 2018, the manage25 ment of such personnel in any fiscal year shall not 


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1 be subject to any constraint or limitation in terms 

2 of man years, end strength, full-time equivalent posi3 tions, or maximum number of employees. 

4 (c) REQUIRED EMPLOYEES.—The Director of Na5 tional Intelligence shall ensure that during a fiscal year, 

6 there are employees in the number, and with the combina7 tion of skills and qualifications that are necessary to carry 

8 out the functions for which funds are provided to the Na9 tional Intelligence Program for that fiscal year. 

10 (d) BRIEFING AND REPORT TO CONGRESS.—Not 

11 later than 180 days after the date of the enactment of 

12 this Act, the Director of National Intelligence shall issue 

13 a written report and provide a briefing to the congres14 sional intelligence committees on— 

15 (1) the methodology used to calculate the num16 ber of civilian and contractor full-time equivalent po17 sitions in the intelligence community; 

18 (2) the cost analysis tool used to calculate per19 sonnel costs in the intelligence community; and 

20 (3) the plans of the Director of National Intel21 ligence and the head of each element of the intel22 ligence community to implement a multi-sector 

23 workforce as required by subsections (a) and (b). 

24 (e) REPORT.—Not later than 180 days after date of 

25 the enactment of this Act, the Inspector General of the 


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1 Intelligence Community shall submit to the congressional 

2 intelligence committees a written report on the accuracy 

3 of intelligence community data for the numbers and costs 

4 associated with the civilian and contractor workforce in 

5 each element of the intelligence community. 

6 SEC. 307. NOTIFICATION OF REPAIR OR MODIFICATION OF 

7 FACILITIES TO BE USED PRIMARILY BY THE 

8 INTELLIGENCE COMMUNITY. 

9 Section 602(a)(2) of the Intelligence Authorization 

10 Act for Fiscal Year 1995 (50 U.S.C. 3304(a)(2)) is 

11 amended by striking ‘‘improvement project to’’ and insert12 ing ‘‘project for the improvement, repair, or modification 

13 of’’. 

14 SEC. 308. GUIDANCE AND REPORTING REQUIREMENT RE15 GARDING THE INTERACTIONS BETWEEN THE 

16 INTELLIGENCE COMMUNITY AND ENTER17 TAINMENT INDUSTRY. 

18 (a) DEFINITIONS.—In this section: 

19 (1) ENGAGEMENT.—The term ‘‘engagement’’— 

20 (A) means any significant interaction be21 tween an element of the intelligence community 

22 and an entertainment industry entity for the 

23 purposes of contributing to an entertainment 

24 product intended to be heard, read, viewed, or 

25 otherwise experienced by the public; and 


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1 (B) does not include routine inquiries 

2 made by the press or news media to the public 

3 affairs office of an intelligence community. 

4 (2) ENTERTAINMENT INDUSTRY ENTITY.—The 

5 term ‘‘entertainment industry entity’’ means an enti6 ty that creates, produces, promotes, or distributes a 

7 work of entertainment intended to be heard, read, 

8 viewed, or otherwise experienced by an audience, in9 cluding— 

10 (A) theater productions, motion pictures, 

11 radio broadcasts, television broadcasts, 

12 podcasts, webcasts, other sound or visual re13 cording, music, or dance; 

14 (B) books and other published material; 

15 and 

16 (C) such other entertainment activity, as 

17 determined by the Director of National Intel18 ligence. 

19 (b) DIRECTOR OF NATIONAL INTELLIGENCE GUID20 ANCE.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, the Di23 rector of National Intelligence shall issue, and re24 lease to the public, guidance regarding engagements 


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1 by elements of the intelligence community with en2 tertainment industry entities. 

3 (2) CRITERIA.—The guidance required by para4 graph (1) shall— 

5 (A) permit an element of the intelligence 

6 community to conduct engagements, if the head 

7 of the element, or a designee of such head, pro8 vides prior approval; and 

9 (B) require an unclassified annual report 

10 to the congressional intelligence committees re11 garding engagements. 

12 (c) ANNUAL REPORT.—Each report required by sub13 section (b)(2)(B) shall include the following: 

14 (1) A description of the nature and duration of 

15 each engagement included in the review. 

16 (A) The cost incurred by the United States 

17 Government for each such engagement. 

18 (B) A description of the benefits to the 

19 United States Government for each such en20 gagement. 

21 (C) A determination of whether any infor22 mation was declassified, and whether any classi23 fied information was improperly disclosed, or 

24 each such engagement. 


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1 (D) A description of the work produced 

2 through each such engagement. 

3 SEC. 309. PROTECTIONS FOR INDEPENDENT INSPECTORS 

4 GENERAL OF CERTAIN ELEMENTS OF THE IN5 TELLIGENCE COMMUNITY. 

6 (a) LIMITATION ON ACTIVITIES OF EMPLOYEES OF

7 AN OFFICE OF INSPECTOR GENERAL.— 

8 (1) LIMITATIONS.—Not later than 180 days 

9 after the date of the enactment of this Act, the Di10 rector of National Intelligence shall develop and im11 plement a uniform policy for each covered office of 

12 an inspector general to better ensure the independ13 ence of each such office. Such policy shall include— 

14 (A) provisions to prevent any conflict of in15 terest related to a matter any employee of a 

16 covered office of an inspector general personally 

17 and substantially participated in during pre18 vious employment; 

19 (B) standards to ensure personnel of a cov20 ered office of an inspector general are free both 

21 in fact and in appearance from personal, exter22 nal, and organizational impairments to inde23 pendence; 

24 (C) provisions to permit the head of each 

25 covered office of an inspector general to waive 


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1 the application of the policy with respect to an 

2 individual if such head— 

3 (i) prepares a written and signed jus4 tification for such waiver that sets out, in 

5 detail, the need for such waiver, provided 

6 that waivers shall not be issued for in fact 

7 impairments to independence; and 

8 (ii) submits to the congressional intel9 ligence committees each such justification; 

10 and 

11 (D) any other protections the Director de12 termines appropriate. 

13 (2) COVERED OFFICE OF AN INSPECTOR GEN14 ERAL DEFINED.—The term ‘‘covered office of an in15 spector general’’ means— 

16 (A) the Office of the Inspector General of 

17 the Intelligence Community; and 

18 (B) the office of an inspector general for— 

19 (i) the Office of the Director of Na20 tional Intelligence; 

21 (ii) the Central Intelligence Agency; 

22 (iii) the National Security Agency; 

23 (iv) the Defense Intelligence Agency; 

24 (v) the National Geospatial-Intel25 ligence Agency; and 


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1 (vi) the National Reconnaissance Of2 fice. 

3 (3) BRIEFING TO THE CONGRESSIONAL INTEL4 LIGENCE COMMITTEES.—Prior to the date that the 

5 policy required by paragraph (1) takes effect, the 

6 Director of National Intelligence shall provide the 

7 congressional intelligence committees a briefing on 

8 such policy. 

9 (b) LIMITATION ON ROTATION OF EMPLOYEES OF AN

10 OFFICE OF INSPECTOR GENERAL.—Section 102A(l)(3) of 

11 the National Security Act of 1947 (50 U.S.C. 3024(l)(3)) 

12 is amended by adding at the end the following: 

13 ‘‘(D) The mechanisms prescribed under subpara14 graph (A) and any other policies of the Director— 

15 ‘‘(i) may not require an employee of an office 

16 of inspector general for an element of the intel17 ligence community, including the Office of the In18 spector General of the Intelligence Community, to 

19 rotate to a position in an office or organization of 

20 such an element over which such office of inspector 

21 general exercises jurisdiction; and 

22 ‘‘(ii) shall be implemented in a manner that ex23 empts employees of an office of inspector general 

24 from a rotation that may impact the independence 

25 of such office.’’. 


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1 SEC. 310. CONGRESSIONAL OVERSIGHT OF POLICY DIREC2 TIVES AND GUIDANCE. 

3 (a) COVERED POLICY DOCUMENT DEFINED.—In this 

4 section, the term ‘‘covered policy document’’ means any 

5 classified or unclassified Presidential Policy Directive, 

6 Presidential Policy Guidance, or other similar policy docu7 ment issued by the President, including any classified or 

8 unclassified annex to such a Directive, Guidance, or other 

9 document, that assigns tasks, roles, or responsibilities to 

10 the intelligence community or an element of the intel11 ligence community. 

12 (b) SUBMISSIONS TO CONGRESS.—The Director of 

13 National Intelligence shall submit to the congressional in14 telligence committees the following: 

15 (1) Not later than 15 days after the date that 

16 a covered policy document is issued, a written notice 

17 of the issuance and a summary of the subject matter 

18 addressed by such covered policy document. 

19 (2) Not later than 15 days after the date that 

20 the Director issues any guidance or direction on im21 plementation of a covered policy document or imple22 ments a covered policy document, a copy of such 

23 guidance or direction or a description of such imple24 mentation. 

25 (3) Not later than 15 days after the date of the 

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1 ment issued prior to such date that is being imple2 mented by any element of the intelligence commu3 nity or that is in effect on such date— 

4 (A) a written notice that includes the date 

5 such covered policy document was issued and a 

6 summary of the subject matter addressed by 

7 such covered policy document; and 

8 (B) if the Director has issued any guid9 ance or direction on implementation of such 

10 covered policy document or is implementing 

11 such covered policy document, a copy of the 

12 guidance or direction or a written description of 

13 such implementation. 

14 SEC. 311. NOTIFICATION OF MEMORANDA OF UNDER15 STANDING. 

16 (a) IN GENERAL.—The head of each element of the 

17 intelligence community shall submit to the congressional 

18 intelligence committees a copy of each memorandum of 

19 understanding or other agreement regarding significant 

20 operational activities or policy between or among such ele21 ment and any other entity or entities of the United States 

22 Government— 

23 (1) for such a memorandum or agreement that 

24 is in effect on the date of the enactment of this Act, 

25 not later than 60 days after such date; and 


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1 (2) for such a memorandum or agreement en2 tered into after such date, in a timely manner and 

3 not more than 60 days after the date such memo4 randum or other agreement is entered into. 

5 (b) ADMINISTRATIVE MEMORANDUM OR AGREE6 MENT.—Nothing in this section may be construed to re7 quire an element of the intelligence community to submit 

8 to the congressional intelligence committees any memo9 randum or agreement that is solely administrative in na10 ture, including a memorandum or agreement regarding 

11 joint duty or other routine personnel assignments. 

12 SEC. 312. ASSISTANCE FOR NATIONALLY SIGNIFICANT 

13 CRITICAL INFRASTRUCTURE. 

14 (a) DEFINITIONS.—In this section: 

15 (1) COVERED CRITICAL INFRASTRUCTURE.— 

16 The term ‘‘covered critical infrastructure’’ means the 

17 critical infrastructure identified pursuant to section 

18 9(a) of Executive Order No. 13636 of February 12, 

19 2013 (78 Fed. Reg. 11742; related to improving 

20 critical infrastructure cybersecurity). 

21 (2) COVERED CYBER ASSET.—The term ‘‘cov22 ered cyber asset’’ means an information system or 

23 industrial control system that is essential to the op24 eration of covered critical infrastructure. 


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1 (3) PROGRAM.—Except as otherwise specifically 

2 provided, the term ‘‘program’’ means the program 

3 required by subsection (b). 

4 (4) SECTOR-SPECIFIC AGENCY.—The term ‘‘sec5 tor-specific agency’’ has the meaning given that term 

6 in Presidential Policy Directive-21, issued February 

7 12, 2013 (related to critical infrastructure security 

8 and resilience), or any successor. 

9 (5) VOLUNTARY PARTICIPANT.—The term ‘‘vol10 untary participant’’ means an entity eligible to par11 ticipate in the program under subsection (b) that 

12 has voluntarily elected to participate in the program. 

13 (b) REQUIREMENT FOR PROGRAM.—Not later than 

14 180 days after the date of the enactment of this Act, the 

15 Under Secretary appointed pursuant to section 

16 103(a)(1)(H) of the Homeland Security Act of 2002 (6 

17 U.S.C. 113(a)(1)(H)), in consultation with appropriate 

18 covered critical infrastructure and sector-specific agencies, 

19 shall carry out a program to provide assistance to covered 

20 critical infrastructure consistent with subsection (f). 

21 (c) OBJECTIVE.—The objective of the program shall 

22 be to reduce the risk of regional or national catastrophic 

23 harm caused by a cyber attack against covered critical in24 frastructure. 


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1 (d) VOLUNTARY PARTICIPATION.—Participation in 

2 the program by covered critical infrastructure shall be on 

3 a voluntary basis. 

4 (e) INTELLIGENCE COMMUNITY PARTICIPATION.— 

5 (1) COORDINATION AND MANAGEMENT.—The 

6 Under Secretary for Intelligence and Analysis of the 

7 Department of Homeland Security shall coordinate 

8 and lead the provision of assistance from the appro9 priate elements of the intelligence community to the 

10 Under Secretary appointed pursuant to section 

11 103(a)(1)(H) of the Homeland Security Act of 2002 

12 (6 U.S.C. 113(a)(1)(H)) and voluntary participants 

13 through the national cybersecurity and communica14 tions integration center established under section 

15 227 of the Homeland Security Act of 2002 (6 

16 U.S.C. 148) to fulfill the requirements of this sec17 tion. 

18 (2) ACTIVITIES.—In the manner required by 

19 paragraph (1) and subject to the consent of the 

20 Under Secretary for Intelligence and Analysis of the 

21 Department of Homeland Security, the appropriate 

22 elements of the intelligence community are author23 ized to carry out the following activities to support 

24 the program: 


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1 (A) Activities to develop a national strat2 egy to effectively leverage intelligence commu3 nity resources made available to support the 

4 program. 

5 (B) Activities to consult with the Director 

6 of National Intelligence and other appropriate 

7 intelligence and law enforcement agencies to 

8 identify within the existing framework gov9 erning intelligence prioritization, intelligence 

10 gaps and foreign intelligence collection require11 ments relevant to the security of covered cyber 

12 assets and covered critical infrastructure. 

13 (C) Activities to improve the detection, 

14 prevention, and mitigation of espionage con15 ducted by foreign actors against or concerning 

16 covered critical infrastructure. 

17 (D) Activities to identify or provide assist18 ance related to the research, design, and devel19 opment of protective and mitigation measures 

20 for covered cyber assets and the components of 

21 covered cyber assets. 

22 (E) Activities to provide technical assist23 ance and input for testing and exercises related 

24 to covered cyber assets. 


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1 (f) RELATIONSHIP TO EXISTING PROGRAMS.—This 

2 section shall be carried out in a manner consistent with 

3 the existing roles, responsibilities, authorities, and activi4 ties of the United States Government. 

5 (g) NO COST TO COVERED CRITICAL INFRASTRUC6 TURE PARTICIPANTS.—A voluntary participant in the pro7 gram that is covered critical infrastructure shall not be 

8 required to reimburse the United States Government for 

9 the use of any facility, personnel, contractor, equipment, 

10 service, or information of the United States Government 

11 utilized in an activity carried out pursuant to the program. 

12 (h) PRIORITIZATION OF ASSISTANCE.—The Director 

13 of National Intelligence shall consider the national signifi14 cance of covered critical infrastructure identified in the 

15 process established by the Under Secretary appointed pur16 suant to section 103(a)(1)(H) of the Homeland Security 

17 Act of 2002 (6 U.S.C. 113(a)(1)(H)) in the Director’s 

18 process for prioritizing requirements and effectively allo19 cating the resources of the intelligence community for as20 sisting government efforts to help protect critical infra21 structure owned or operated in the private sector. 

22 (i) PARTICIPATION APPROVAL.—Participation in the 

23 program by any private entity shall be subject to the ap24 proval of the Under Secretary appointed pursuant to sec25 tion 103(a)(1)(H) of the Homeland Security Act of 2002 


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1 (6 U.S.C. 113(a)(1)(H)) and, in the case of any support 

2 assistance provided by the intelligence community, the ap3 proval of the Director of National Intelligence. 

4 (j) NO NEW REGULATORY AUTHORITY.—Nothing in 

5 this section may be construed to authorize the Director 

6 of National Intelligence, the Secretary of Homeland Secu7 rity, or any other Federal regulator to promulgate new 

8 regulations. 

9 (k) BRIEFING.—Not less frequently than once each 

10 year, the Secretary of Homeland Security shall brief the 

11 congressional intelligence committees, the Committee on 

12 Homeland Security and Governmental Affairs of the Sen13 ate, and Committee on Homeland Security of the House 

14 of Representatives on progress and challenges of the pro15 gram. 

16 (l) CONSTRUCTION.—Nothing in this section may be 

17 construed to limit any authority or responsibility of an 

18 agency or department of the United States under any law 

19 in effect on the date of the enactment of this Act. 

20 SEC. 313. TECHNICAL CORRECTION TO EXECUTIVE SCHED21 ULE. 

22 Section 5313 of title 5, United States Code, is 

23 amended by striking the item relating to ‘‘Director of the 

24 National Counter Proliferation Center.’’. 


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1 SEC. 314. MAXIMUM AMOUNT CHARGED FOR DECLAS2 SIFICATION REVIEWS. 

3 In reviewing and processing a request by a person 

4 for the mandatory declassification of information pursuant 

5 to Executive Order No. 13526, a successor executive 

6 order, or any provision of law, the head of an element of 

7 the intelligence community— 

8 (1) may not charge the person reproduction 

9 fees in excess of the amount of fees that the head 

10 would charge the person for reproduction required in 

11 the course of processing a request for information 

12 under section 552 of title 5, United States Code 

13 (commonly referred to as the ‘‘Freedom of Informa14 tion Act’’); and 

15 (2) may waive or reduce any processing fees in 

16 the same manner as the head waives or reduces fees 

17 under such section 552. 

18 TITLE IV—MATTERS RELATING 

19 TO ELEMENTS OF THE INTEL20 LIGENCE COMMUNITY 

21 Subtitle A—Office of the Director 

22 of National Intelligence 

23 SEC. 401. DESIGNATION OF THE DIRECTOR OF THE NA24 TIONAL COUNTERINTELLIGENCE AND SECU25 RITY CENTER. 

26 (a) IN GENERAL.— 


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1 (1) IN GENERAL.—Section 902 of the Counter2 intelligence Enhancement Act of 2002 (50 U.S.C. 

3 3382) is amended to read as follows: 

4 ‘‘SEC. 902. DIRECTOR OF THE NATIONAL COUNTERINTEL5 LIGENCE AND SECURITY CENTER. 

6 ‘‘(a) ESTABLISHMENT.—There shall be a Director of 

7 the National Counterintelligence and Security Center (re8 ferred to in this section as the ‘Director’), who shall be 

9 appointed by the President, by and with the advice and 

10 consent of the Senate. 

11 ‘‘(b) MISSION.—The mission of the Director shall be 

12 to serve as the head of national counterintelligence for the 

13 United States Government. 

14 ‘‘(c) DUTIES.—Subject to the direction and control 

15 of the Director of National Intelligence, the duties of the 

16 Director are as follows: 

17 ‘‘(1) To carry out the mission referred to in 

18 subsection (b). 

19 ‘‘(2) To act as chairperson of the National 

20 Counterintelligence Policy Board established under 

21 section 811 of the Counterintelligence and Security 

22 Enhancements Act of 1994 (50 U.S.C. 3381). 

23 ‘‘(3) To act as head of the National Counter24 intelligence and Security Center established under 

25 section 904. 


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1 ‘‘(4) To participate as an observer on such 

2 boards, committees, and entities of the executive 

3 branch as the Director of National Intelligence con4 siders appropriate for the discharge of the mission 

5 and functions of the Director and the National 

6 Counterintelligence and Security Center under sec7 tion 904.’’. 

8 (2) TABLE OF CONTENTS AMENDMENT.—The 

9 table of contents in section 1(b) of the Intelligence 

10 Authorization Act for Fiscal Year 2003 (Public Law 

11 107–306; 116 Stat. 2383) is amended by striking 

12 the item relating to section 902 and inserting the 

13 following: 

‘‘Sec. 902. Director of the National Counterintelligence and Security Center.’’. 

14 (3) TECHNICAL EFFECTIVE DATE.—The 

15 amendment made by subsection (a) of section 401 of 

16 the Intelligence Authorization Act for Fiscal Year 

17 2016 (division M of Public Law 114–113) shall not 

18 take effect, or, if the date of the enactment of this 

19 Act is on or after the effective date specified in sub20 section (b) of such section, such amendment shall be 

21 deemed to not have taken effect. 

22 (b) NATIONAL COUNTERINTELLIGENCE AND SECU23 RITY CENTER.— 


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1 (1) IN GENERAL.—Section 904 of the Counter2 intelligence Enhancement Act of 2002 (50 U.S.C. 

3 3383) is amended— 

4 (A) by striking the section heading and in5 serting ‘‘NATIONAL COUNTERINTEL6 LIGENCE AND SECURITY CENTER.’’; and 

7 (B) by striking subsections (a), (b), and 

8 (c) and inserting the following: 

9 ‘‘(a) ESTABLISHMENT.—There shall be a National 

10 Counterintelligence and Security Center. 

11 ‘‘(b) HEAD OF CENTER.—The Director of the Na12 tional Counterintelligence and Security Center shall be the 

13 head of the National Counterintelligence and Security 

14 Center. 

15 ‘‘(c) LOCATION OF CENTER.—The National Counter16 intelligence and Security Center shall be located in the Of17 fice of the Director of National Intelligence.’’. 

18 (2) FUNCTIONS.—Section 904(d) of the Coun19 terintelligence Enhancement Act of 2002 (50 U.S.C. 

20 3383(d)) is amended— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘National Counterintelligence Exec23 utive, the functions of the Office of the Na24 tional Counterintelligence Executive’’ and in25 serting ‘‘Director of the National CounterintelVerDate Sep 11 2014 23:40 Jan 20, 2017 Jkt 069200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S133.RS S133

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1 ligence and Security Center, the functions of 

2 the National Counterintelligence and Security 

3 Center’’; 

4 (B) in paragraph (5), in the matter pre5 ceding subparagraph (A), by striking ‘‘In con6 sultation with’’ and inserting ‘‘At the direction 

7 of’’; and 

8 (C) in paragraph (6), in the matter pre9 ceding subparagraph (A), by striking ‘‘Office’’ 

10 and inserting ‘‘National Counterintelligence and 

11 Security Center’’. 

12 (3) PERSONNEL.—Section 904(f) of the Coun13 terintelligence Enhancement Act of 2002 (50 U.S.C. 

14 3383(f)) is amended— 

15 (A) in paragraph (1), by striking ‘‘Office 

16 of the National Counterintelligence Executive 

17 may consist of personnel employed by the Of18 fice’’ and inserting ‘‘National Counterintel19 ligence and Security Center may consist of per20 sonnel employed by the Center’’; and 

21 (B) in paragraph (2), by striking ‘‘Na22 tional Counterintelligence Executive’’ and in23 serting ‘‘Director of the National Counterintel24 ligence and Security Center’’. 


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1 (4) TREATMENT OF ACTIVITIES UNDER CER2 TAIN ADMINISTRATIVE LAWS.—Section 904(g) of the 

3 Counterintelligence Enhancement Act of 2002 (50 

4 U.S.C. 3383(g)) is amended by striking ‘‘Office shall 

5 be treated as operational files of the Central Intel6 ligence Agency for purposes of section 701 of the 

7 National Security Act of 1947 (50 U.S.C. 431)’’ and 

8 inserting ‘‘National Counterintelligence and Security 

9 Center shall be treated as operational files of the 

10 Central Intelligence Agency for purposes of section 

11 701 of the National Security Act of 1947 (50 U.S.C. 

12 3141)’’. 

13 (5) OVERSIGHT BY CONGRESS.—Section 904(h) 

14 of the Counterintelligence Enhancement Act of 2002 

15 (50 U.S.C. 3383(h)) is amended— 

16 (A) in the matter preceding paragraph (1), 

17 by striking ‘‘Office of the National Counter18 intelligence Executive’’ and inserting ‘‘National 

19 Counterintelligence and Security Center’’; and 

20 (B) in paragraphs (1) and (2), by striking 

21 ‘‘Office’’ and inserting ‘‘Center’’ both places 

22 that term appears. 

23 (6) TABLE OF CONTENTS AMENDMENT.—The 

24 table of contents in section 1(b) of the Intelligence 

25 Authorization Act for Fiscal Year 2003 (Public Law 


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1 107–306; 116 Stat. 2383), as amended by sub2 section (a)(2), is further amended by striking the 

3 item relating to section 904 and inserting the fol4 lowing: 

‘‘Sec. 904. National Counterintelligence and Security Center.’’. 

5 (c) OVERSIGHT OF NATIONAL INTELLIGENCE CEN6 TERS.—Section 102A(f)(2) of the National Security Act 

7 of 1947 (50 U.S.C. 3024(f)(2)) is amended by inserting 

8 ‘‘, the National Counterproliferation Center, and the Na9 tional Counterintelligence and Security Center’’ after 

10 ‘‘National Counterterrorism Center’’. 

11 (d) DIRECTOR OF THE NATIONAL COUNTERINTEL12 LIGENCE AND SECURITY CENTER WITHIN THE OFFICE

13 OF THE DIRECTOR OF NATIONAL INTELLIGENCE.—Para14 graph (8) of section 103(c) of the National Security Act 

15 of 1947 (50 U.S.C. 3025(c)) is amended to read as fol16 lows: 

17 ‘‘(8) The Director of the National Counterintel18 ligence and Security Center.’’. 

19 (e) DUTIES OF THE DIRECTOR OF THE NATIONAL

20 COUNTERINTELLIGENCE AND SECURITY CENTER.— 

21 (1) IN GENERAL.—Section 103F of the Na22 tional Security Act of 1947 (50 U.S.C. 3031) is 

23 amended— 


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1 (A) by striking the section heading and in2 serting ‘‘DIRECTOR OF THE NATIONAL COUN3 TERINTELLIGENCE AND SECURITY CENTER’’; 

4 (B) in subsection (a)— 

5 (i) by striking the subsection heading 

6 and inserting ‘‘DIRECTOR OF THE NA7 TIONAL COUNTERINTELLIGENCE AND SE8 CURITY CENTER.—’’; and 

9 (ii) by striking ‘‘National Counter10 intelligence Executive under section 902 of 

11 the Counterintelligence Enhancement Act 

12 of 2002 (title IX of Public Law 107–306; 

13 50 U.S.C. 402b et seq.)’’ and inserting 

14 ‘‘Director of the National Counterintel15 ligence and Security Center appointed 

16 under section 902 of the Counterintel17 ligence Enhancement Act of 2002 (50 

18 U.S.C. 3382)’’; and 

19 (C) in subsection (b), by striking ‘‘Na20 tional Counterintelligence Executive’’ and in21 serting ‘‘Director of the National Counterintel22 ligence and Security Center’’. 

23 (2) TABLE OF CONTENTS AMENDMENT.—The 

24 table of contents in the first section of the National 

25 Security Act of 1947 is amended by striking the 


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1 item relating to section 103F and inserting the fol2 lowing: 

‘‘Sec. 103F. Director of the National Counterintelligence and Security Center.’’. 

3 (f) COORDINATION OF COUNTERINTELLIGENCE AC4 TIVITIES.—Section 811 of the Counterintelligence and Se5 curity Enhancements Act of 1994 (50 U.S.C. 3381) is 

6 amended— 

7 (1) in subsection (b), by striking ‘‘National 

8 Counterintelligence Executive under section 902 of 

9 the Counterintelligence Enhancement Act of 2002’’ 

10 and inserting ‘‘Director of the National Counter11 intelligence and Security Center appointed under 

12 section 902 of the Counterintelligence Enhancement 

13 Act of 2002 (50 U.S.C. 3382)’’; 

14 (2) in subsection (c)(1), by striking ‘‘National 

15 Counterintelligence Executive.’’ and inserting ‘‘Di16 rector of the National Counterintelligence and Secu17 rity Center.’’; and 

18 (3) in subsection (d)(1)(B)(ii)— 

19 (A) by striking ‘‘National Counterintel20 ligence Executive’’ and inserting ‘‘Director of 

21 the National Counterintelligence and Security 

22 Center’’; and 

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1 tion 904(e)(2) of that Act’’ and inserting ‘‘pur2 suant to section 904(d)(2) of that Act (50 

3 U.S.C. 3383(d)(2))’’. 

4 (g) INTELLIGENCE AND NATIONAL SECURITY AS5 PECTS OF ESPIONAGE PROSECUTIONS.—Section 341(b) of 

6 the Intelligence Authorization Act for Fiscal Year 2004 

7 (Public Law 108–177, 28 U.S.C. 519 note) is amended 

8 by striking ‘‘Office of the National Counterintelligence Ex9 ecutive,’’ and inserting ‘‘National Counterintelligence and 

10 Security Center,’’. 

11 SEC. 402. ANALYSES AND IMPACT STATEMENTS BY DIREC12 TOR OF NATIONAL INTELLIGENCE REGARD13 ING INVESTMENT INTO THE UNITED STATES. 

14 Section 102A of the National Security Act of 1947 

15 (50 U.S.C. 3024), as amended by section 303, is further 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(z) ANALYSES AND IMPACT STATEMENTS REGARD19 ING PROPOSED INVESTMENT INTO THE UNITED

20 STATES.—(1) Not later than 20 days after the completion 

21 of a review or an investigation of any proposed investment 

22 into the United States for which the Director has prepared 

23 analytic materials, the Director shall submit to the Select 

24 Committee on Intelligence of the Senate and the Perma25 nent Select Committee on Intelligence of the House of 


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1 Representative copies of such analytic materials, including 

2 any supplements or amendments to such analysis made 

3 by the Director. 

4 ‘‘(2) Not later than 60 days after the completion of 

5 consideration by the United States Government of any in6 vestment described in paragraph (1), the Director shall 

7 determine whether such investment will have an oper8 ational impact on the intelligence community, and, if so, 

9 shall submit a report on such impact to the Select Com10 mittee on Intelligence of the Senate and the Permanent 

11 Select Committee on Intelligence of the House of Rep12 resentatives. Each such report shall— 

13 ‘‘(A) describe the operational impact of the in14 vestment on the intelligence community; and 

15 ‘‘(B) describe any actions that have been or will 

16 be taken to mitigate such impact.’’. 

17 SEC. 403. ASSISTANCE FOR GOVERNMENTAL ENTITIES AND 

18 PRIVATE ENTITIES IN RECOGNIZING ONLINE 

19 VIOLENT EXTREMIST CONTENT. 

20 (a) ASSISTANCE TO RECOGNIZE ONLINE VIOLENT

21 EXTREMIST CONTENT.—Not later than 180 days after the 

22 date of the enactment of this Act, and consistent with the 

23 protection of intelligence sources and methods, the Direc24 tor of National Intelligence shall publish on a publicly 

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1 nia, and other markings commonly associated with, or 

2 adopted by, an organization designated by the Secretary 

3 of State as a foreign terrorist organization under section 

4 219(a) of the Immigration and Nationality Act (8 U.S.C. 

5 1189(a)). 

6 (b) UPDATES.—The Director shall update the list 

7 published under subsection (a) every 180 days or more 

8 frequently as needed. 

9 Subtitle B—Central Intelligence 

10 Agency 

11 SEC. 411. ENHANCED DEATH BENEFITS FOR PERSONNEL 

12 OF THE CENTRAL INTELLIGENCE AGENCY. 

13 Section 11 of the Central Intelligence Agency Act of 

14 1949 (50 U.S.C. 3511) is amended to read as follows: 

15 ‘‘BENEFITS AVAILABLE IN EVENT OF THE DEATH OF

16 PERSONNEL

17 ‘‘SEC. 11. (a) AUTHORITY.—The Director may pay 

18 death benefits substantially similar to those authorized for 

19 members of the Foreign Service pursuant to the Foreign 

20 Service Act of 1980 (22 U.S.C. 3901 et seq.) or any other 

21 provision of law. The Director may adjust the eligibility 

22 for death benefits as necessary to meet the unique require23 ments of the mission of the Agency. 

24 ‘‘(b) REGULATIONS.—Regulations issued pursuant to 

25 this section shall be submitted to the Select Committee 

26 on Intelligence of the Senate and the Permanent Select 


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1 Committee on Intelligence of the House of Representatives 

2 before such regulations take effect.’’. 

3 SEC. 412. PAY AND RETIREMENT AUTHORITIES OF THE IN4 SPECTOR GENERAL OF THE CENTRAL INTEL5 LIGENCE AGENCY. 

6 (a) IN GENERAL.—Section 17(e)(7) of the Central 

7 Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(7)) 

8 is amended by adding at the end the following new sub9 paragraph: 

10 ‘‘(C)(i) The Inspector General may designate an offi11 cer or employee appointed in accordance with subpara12 graph (A) as a law enforcement officer solely for purposes 

13 of subchapter III of chapter 83 or chapter 84 of title 5, 

14 United States Code, if such officer or employee is ap15 pointed to a position with responsibility for investigating 

16 suspected offenses against the criminal laws of the United 

17 States. 

18 ‘‘(ii) In carrying out clause (i), the Inspector General 

19 shall ensure that any authority under such clause is exer20 cised in a manner consistent with section 3307 of title 5, 

21 United States Code, as it relates to law enforcement offi22 cers. 

23 ‘‘(iii) For purposes of applying sections 3307(d), 

24 8335(b), and 8425(b) of title 5, United States Code, the 

25 Inspector General may exercise the functions, powers, and 


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1 duties of an agency head or appointing authority with re2 spect to the Office.’’. 

3 (b) RULE OF CONSTRUCTION.—Subparagraph (C) of 

4 section 17(e)(7) of the Central Intelligence Agency Act of 

5 1949 (50 U.S.C. 3517(e)(7)), as added by subsection (a), 

6 may not be construed to confer on the Inspector General 

7 of the Central Intelligence Agency, or any other officer 

8 or employee of the Agency, any police or law enforcement 

9 or internal security functions or authorities. 

10 Subtitle C—Other Elements 

11 SEC. 421. ENHANCING THE TECHNICAL WORKFORCE FOR 

12 THE FEDERAL BUREAU OF INVESTIGATION. 

13 (a) REPORT REQUIRED.—Building on the basic cyber 

14 human capital strategic plan provided to the congressional 

15 intelligence committees in 2015, not later than 180 days 

16 after the date of the enactment of this Act and updated 

17 two years thereafter, the Director of the Federal Bureau 

18 of Investigation shall submit to the congressional intel19 ligence committees, the Committee on the Judiciary of the 

20 Senate, and the Committee on the Judiciary of the House 

21 of Representatives a comprehensive strategic workforce re22 port regarding initiatives to effectively integrate informa23 tion technology expertise in the investigative process. 

24 (b) ELEMENTS.—The report required by subsection 

25 (a) shall include the following: 


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1 (1) An assessment, including measurable bench2 marks, of progress on initiatives to recruit, train, 

3 and retain personnel with the necessary skills and 

4 experiences in vital areas, including encryption, cryp5 tography, and big data analytics. 

6 (2) An assessment of whether officers of the 

7 Federal Bureau of Investigation who possess such 

8 skills are fully integrated into the Bureau’s work, in9 cluding Agent-led investigations. 

10 (3) A description of the quality and quantity of 

11 the collaborations between the Bureau and private 

12 sector entities on cyber issues, including the status 

13 of efforts to benefit from employees with experience 

14 transitioning between the public and private sectors. 

15 (4) An assessment of the utility of reinstituting, 

16 if applicable, and leveraging the Director’s Advisory 

17 Board, which was originally constituted in 2005, to 

18 provide outside advice on how to better integrate 

19 technical expertise with the investigative process and 

20 on emerging concerns in cyber-related issues. 

21 SEC. 422. PLAN ON ASSUMPTION OF CERTAIN WEATHER 

22 MISSIONS BY THE NATIONAL RECONNAIS23 SANCE OFFICE. 

24 (a) PLAN.— 


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1 (1) IN GENERAL.—Except as provided in sub2 section (c), the Director of the National Reconnais3 sance Office shall develop a plan for the National 

4 Reconnaissance Office to address how to carry out 

5 covered space-based environmental monitoring mis6 sions. Such plan shall include— 

7 (A) a description of the related national se8 curity requirements for such missions; 

9 (B) a description of the appropriate man10 ner to meet such requirements; and 

11 (C) the amount of funds that would be 

12 necessary to be transferred from the Air Force 

13 to the National Reconnaissance Office during 

14 fiscal years 2018 through 2022 to carry out 

15 such plan. 

16 (2) ACTIVITIES.—In developing the plan under 

17 paragraph (1), the Director may conduct pre-acqui18 sition activities, including with respect to requests 

19 for information, analyses of alternatives, study con20 tracts, modeling and simulation, and other activities 

21 the Director determines necessary to develop such 

22 plan. 

23 (3) SUBMISSION.—Not later than July 1, 2017, 

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1 tor shall submit to the appropriate congressional 

2 committees the plan under paragraph (1). 

3 (b) INDEPENDENT COST ESTIMATE.—The Director 

4 of the Cost Assessment Improvement Group of the Office 

5 of the Director of National Intelligence, in coordination 

6 with the Director of Cost Assessment and Program Eval7 uation, shall certify to the appropriate congressional com8 mittees that the amounts of funds identified under sub9 section (a)(1)(C) as being necessary to transfer are appro10 priate and include funding for positions and personnel to 

11 support program office costs. 

12 (c) WAIVER BASED ON REPORT AND CERTIFICATION

13 OF AIR FORCE ACQUISITION PROGRAM.—The Director of 

14 the National Reconnaissance Office may waive the re15 quirement to develop a plan under subsection (a), if the 

16 Under Secretary of Defense for Acquisition Technology, 

17 and Logistics and the Chairman of the Joint Chiefs of 

18 Staff jointly submit to the appropriate congressional com19 mittees a report by not later than July 1, 2017) that con20 tains— 

21 (1) a certification that the Secretary of the Air 

22 Force is carrying out a formal acquisition program 

23 that has received Milestone A approval to address 

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1 agery requirements of the Department of Defense; 

2 and 

3 (2) an identification of the cost, schedule, re4 quirements, and acquisition strategy of such acquisi5 tion program. 

6 (d) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the congressional intelligence commit11 tees; and 

12 (B) the congressional defense committees 

13 (as defined in section 101(a)(16) of title 10, 

14 United States Code). 

15 (2) COVERED SPACE-BASED ENVIRONMENTAL

16 MONITORING MISSIONS.—The term ‘‘covered space17 based environmental monitoring missions’’ means 

18 the acquisition programs necessary to meet the na19 tional security requirements for cloud characteriza20 tion and theater weather imagery. 

21 (3) MILESTONE A APPROVAL.—The term ‘‘Mile22 stone A approval’’ has the meaning given that term 

23 in section 2366a(d) of title 10, United States Code. 


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1 TITLE V—MATTERS RELATING 

2 TO FOREIGN COUNTRIES 

3 SEC. 501. COMMITTEE TO COUNTER ACTIVE MEASURES BY 

4 THE RUSSIAN FEDERATION TO EXERT COV5 ERT INFLUENCE OVER PEOPLES AND GOV6 ERNMENTS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ACTIVE MEASURES BY RUSSIA TO EXERT

9 COVERT INFLUENCE.—The term ‘‘active measures 

10 by Russia to exert covert influence’’ means activities 

11 intended to influence a person or government that 

12 are carried out in coordination with, or at the behest 

13 of, political leaders or the security services of the 

14 Russian Federation and the role of the Russian Fed15 eration has been hidden or not acknowledged pub16 licly, including the following: 

17 (A) Establishment or funding of a front 

18 group. 

19 (B) Covert broadcasting. 

20 (C) Media manipulation. 

21 (D) Disinformation and forgeries. 

22 (E) Funding agents of influence. 

23 (F) Incitement and offensive counterintel24 ligence. 

25 (G) Assassinations. 


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1 (H) Terrorist acts. 

2 (2) APPROPRIATE COMMITTEES OF CON3 GRESS.—The term ‘‘appropriate committees of Con4 gress’’ means— 

5 (A) the congressional intelligence commit6 tees; 

7 (B) the Committee on Armed Services and 

8 the Committee on Foreign Relations of the Sen9 ate; and 

10 (C) the Committee on Armed Services and 

11 the Committee on Foreign Affairs of the House 

12 of Representatives. 

13 (b) ESTABLISHMENT.—There is established within 

14 the executive branch an interagency committee to counter 

15 active measures by the Russian Federation to exert covert 

16 influence. 

17 (c) MEMBERSHIP.— 

18 (1) IN GENERAL.— 

19 (A) APPOINTMENT.—Each head of an 

20 agency or department of the Government set 

21 out under subparagraph (B) shall appoint one 

22 member of the committee established by sub23 section (b) from among officials of such agency 

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1 quired to be appointed by the President, with 

2 the advice and consent of the Senate. 

3 (B) HEAD OF AN AGENCY OR DEPART4 MENT.—The head of an agency or department 

5 of the Government set out under this subpara6 graph are the following: 

7 (i) The Director of National Intel8 ligence. 

9 (ii) The Secretary of State. 

10 (iii) The Secretary of Defense. 

11 (iv) The Secretary of the Treasury. 

12 (v) The Attorney General. 

13 (vi) The Secretary of Energy. 

14 (vii) The Director of the Federal Bu15 reau of Investigation. 

16 (viii) The head of any other agency or 

17 department of the United States Govern18 ment designated by the President for pur19 poses of this section. 

20 (d) MEETINGS.—The committee shall meet on a reg21 ular basis. 

22 (e) DUTIES.—The duties of the committee estab23 lished by subsection (b) shall be as follows: 

24 (1) To counter active measures by Russia to 

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1 hoods, agents of influence, corruption, human rights 

2 abuses, terrorism, and assassinations carried out by 

3 the security services or political elites of the Russian 

4 Federation or their proxies. 

5 (2) Such other duties as the President may des6 ignate for purposes of this section. 

7 (f) STAFF.—The committee established by subsection 

8 (b) may employ such staff as the members of such com9 mittee consider appropriate. 

10 (g) BUDGET REQUEST.—A request for funds re11 quired for the functioning of the committee established by 

12 subsection (b) may be included in each budget for a fiscal 

13 year submitted by the President pursuant to section 

14 1105(a) of title 31, United States Code. 

15 (h) ANNUAL REPORT.— 

16 (1) REQUIREMENT.—Not later than 180 days 

17 after the date of the enactment of this Act, and an18 nually thereafter, and consistent with the protection 

19 of intelligence sources and methods, the committee 

20 established by subsection (b) shall submit to the ap21 propriate committees of Congress a report describing 

22 steps being taken by the committee to counter active 

23 measures by Russia to exert covert influence. 

24 (2) CONTENT.—Each report required by para25 graph (1) shall include the following: 


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1 (A) A summary of the active measures by 

2 the Russian Federation to exert covert influence 

3 during the previous year, including significant 

4 incidents and notable trends. 

5 (B) A description of the key initiatives of 

6 the committee. 

7 (C) A description of the implementation of 

8 the committee’s initiatives by the head of an 

9 agency or department of the Government set 

10 out under subsection (c)(1)(B). 

11 (D) An analysis of the impact of the com12 mittee’s initiatives. 

13 (E) Recommendations for changes to the 

14 committee’s initiatives from the previous year. 

15 (3) SEPARATE REPORTING REQUIREMENT.— 

16 The requirement to submit an annual report under 

17 paragraph (1) is in addition to any other reporting 

18 requirements with respect to Russia. 


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1 SEC. 502. STRICT ENFORCEMENT OF TRAVEL PROTOCOLS 

2 AND PROCEDURES OF ACCREDITED DIPLO3 MATIC AND CONSULAR PERSONNEL OF THE 

4 RUSSIAN FEDERATION IN THE UNITED 

5 STATES. 

6 (a) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate commit8 tees of Congress’’ means— 

9 (1) the congressional intelligence committees; 

10 (2) the Committee on Foreign Relations and 

11 the Committee on the Judiciary of the Senate; and 

12 (3) the Committee on Foreign Affairs and the 

13 Committee on the Judiciary of the House of Rep14 resentatives. 

15 (b) ADVANCE NOTIFICATION REQUIREMENT.—The 

16 Secretary of State shall, in coordination with the Director 

17 of the Federal Bureau of Investigation and the Director 

18 of National Intelligence, establish a mandatory advance 

19 notification regime governing all travel by accredited dip20 lomatic and consular personnel of the Russian Federation 

21 in the United States and take necessary action to secure 

22 full compliance by Russian personnel and address any 

23 noncompliance. 

24 (c) INTERAGENCY COOPERATION.—The Secretary of 

25 State, the Director of the Federal Bureau of Investigation, 


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1 and the Director of National Intelligence shall develop 

2 written mechanisms to share information— 

3 (1) on travel by accredited diplomatic and con4 sular personnel of the Russian Federation who are 

5 in the United States; and 

6 (2) on any known or suspected noncompliance 

7 by such personnel with the regime required by sub8 section (b). 

9 (d) QUARTERLY REPORTS.—Not later than 90 days 

10 after the date of the enactment of this Act, and quarterly 

11 thereafter, and consistent with the protection of intel12 ligence sources and methods— 

13 (1) the Secretary of State shall submit to the 

14 appropriate committees of Congress a written report 

15 detailing the number of notifications submitted 

16 under the regime required by subsection (b); and 

17 (2) the Secretary of State and the Director of 

18 the Federal Bureau of Investigation shall jointly 

19 submit to the appropriate committees of Congress a 

20 written report detailing the number of known or sus21 pected violations of such requirements by any ac22 credited diplomatic and consular personnel of the 

23 Russian Federation. 


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1 SEC. 503. STUDY AND REPORT ON ENHANCED INTEL2 LIGENCE AND INFORMATION SHARING WITH 

3 OPEN SKIES TREATY MEMBER STATES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) APPROPRIATE COMMITTEES OF CON6 GRESS.—The term ‘‘appropriate committees of Con7 gress’’ means— 

8 (A) congressional intelligence committees; 

9 (B) the Committee on Armed Services and 

10 the Committee on Foreign Relations of the Sen11 ate; and 

12 (C) the Committee on Armed Services and 

13 the Committee on Foreign Affairs of the House 

14 of Representatives. 

15 (2) COVERED STATE PARTY.—The term ‘‘cov16 ered state party’’ means a foreign country, that— 

17 (A) was a state party to the Open Skies 

18 Treaty on February 22, 2016; and 

19 (B) is not the Russian Federation or the 

20 Republic of Belarus. 

21 (3) OPEN SKIES TREATY.—The term ‘‘Open 

22 Skies Treaty’’ means the Treaty on Open Skies, 

23 done at Helsinki March 24, 1992, and entered into 

24 force January 1, 2002. 

25 (b) FEASIBILITY STUDY.— 


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1 (1) REQUIREMENT FOR STUDY.—Not later than 

2 180 days after the date of the enactment of this Act, 

3 the Director of National Intelligence shall conduct 

4 and submit to the appropriate committees of Con5 gress a study to determine the feasibility of creating 

6 an intelligence sharing arrangement and database to 

7 provide covered state parties with imagery that is 

8 comparable, delivered more frequently, and in equal 

9 or higher resolution than imagery available through 

10 the database established under the Open Skies Trea11 ty. 

12 (2) ELEMENTS.—The study required by para13 graph (1) shall include an evaluation of the fol14 lowing: 

15 (A) The methods by which the United 

16 States could collect and provide imagery, in17 cluding commercial satellite imagery, national 

18 technical means, and through other intelligence, 

19 surveillance, and reconnaissance platforms, 

20 under an information sharing arrangement and 

21 database referred to in paragraph (1). 

22 (B) The ability of other covered state par23 ties to contribute imagery to the arrangement 

24 and database. 


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1 (C) Any impediments to the United States 

2 and other covered states parties providing such 

3 imagery, including any statutory barriers, 

4 insufficiencies in the ability to collect the im5 agery or funding, under such an arrangement. 

6 (D) Whether imagery of Moscow, 

7 Chechnya, the international border between 

8 Russia and Georgia, Kaliningrad, or the Repub9 lic of Belarus could be provided under such an 

10 arrangement. 

11 (E) The annual and projected costs associ12 ated with the establishment of such an arrange13 ment and database, as compared with costs to 

14 the United States and other covered state par15 ties of being parties to the Open Skies Treaty, 

16 including Open Skies Treaty plane mainte17 nance, aircraft fuel, crew expenses, mitigation 

18 measures necessary associated with Russian 

19 Federation overflights of the United States or 

20 covered state parties, and new sensor develop21 ment and acquisition. 

22 (3) SUPPORT FROM OTHER FEDERAL AGEN23 CIES.—Each head of a Federal agency shall provide 

24 such support to the Director as may be necessary 


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1 for the Director to conduct the study required by 

2 paragraph (1). 

3 (c) REPORT.— 

4 (1) REQUIREMENT FOR REPORT.—Not later 

5 than 180 days after the date of the enactment of 

6 this Act, the Director of National Intelligence shall 

7 submit to the appropriate committees of Congress 

8 the report described in this subsection. 

9 (2) CONTENT OF REPORT.—The report re10 quired by paragraph (1) shall include the following: 

11 (A) An intelligence assessment of Russian 

12 Federation warfighting doctrine and the extent 

13 to which Russian Federation flights under the 

14 Open Skies Treaty contribute to such doctrine. 

15 (B) A counterintelligence analysis as to 

16 whether the Russian Federation has, could 

17 have, or intends to have the capability to exceed 

18 the imagery limits set forth in the Open Skies 

19 Treaty. 

20 (C) A list of intelligence exchanges with 

21 covered state parties that have been updated on 

22 the information described in subparagraphs (A) 

23 and (B) and the date and form such informa24 tion was provided. 


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1 (d) FORM OF SUBMISSION.—The study required by 

2 subsection (b) and the report required by subsection (c) 

3 shall be submitted in an unclassified form but may include 

4 a classified annex. 

5 TITLE VI—REPORTS AND OTHER 

6 MATTERS 

7 SEC. 601. DECLASSIFICATION REVIEW WITH RESPECT TO 

8 DETAINEES TRANSFERRED FROM UNITED 

9 STATES NAVAL STATION, GUANTANAMO BAY, 

10 CUBA. 

11 (a) IN GENERAL.—For each individual detained at 

12 United States Naval Station, Guantanamo Bay, Cuba, 

13 who was transferred or released from United States Naval 

14 Station, Guantanamo Bay, Cuba, the Director of National 

15 Intelligence shall— 

16 (1)(A) complete a declassification review of in17 telligence reports regarding past terrorist activities 

18 of that individual prepared by the National Counter19 terrorism Center for the individual’s Periodic Review 

20 Board sessions, transfer, or release; or 

21 (B) if the individual’s transfer or release oc22 curred prior to the date on which the National 

23 Counterterrorism Center first began to prepare such 

24 reports regarding detainees, such other intelligence 

25 report or reports that contain the same or similar 


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1 information regarding the individual’s past terrorist 

2 activities; 

3 (2) make available to the public— 

4 (A) any intelligence reports declassified as 

5 a result of the declassification review; and 

6 (B) with respect to each individual trans7 ferred or released, for whom intelligence reports 

8 are declassified as a result of the declassifica9 tion review, an unclassified summary which 

10 shall be prepared by the President of measures 

11 being taken by the country to which the indi12 vidual was transferred or released to monitor 

13 the individual and to prevent the individual 

14 from carrying out future terrorist activities; and 

15 (3) submit to the congressional intelligence 

16 committees a report setting out the results of the de17 classification review, including a description of intel18 ligence reports covered by the review that were not 

19 declassified. 

20 (b) SCHEDULE.— 

21 (1) TRANSFER OR RELEASE PRIOR TO ENACT22 MENT.—Not later than 210 days after the date of 

23 the enactment of this Act, the Director of National 

24 Intelligence shall submit the report required by sub25 section (a)(3), which shall include the results of the 


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1 declassification review completed for each individual 

2 detained at United States Naval Station, Guanta3 namo Bay, Cuba, who was transferred or released 

4 from United States Naval Station, Guantanamo 

5 Bay, prior to the date of the enactment of this Act. 

6 (2) TRANSFER OR RELEASE AFTER ENACT7 MENT.—Not later than 120 days after the date an 

8 individual detained at United States Naval Station, 

9 Guantanamo Bay, on or after the date of the enact10 ment of this Act is transferred or released from 

11 United States Naval Station, Guantanamo Bay, the 

12 Director shall submit the report required by sub13 section (a)(3) for such individual. 

14 (c) PAST TERRORIST ACTIVITIES.—For purposes of 

15 this section, the past terrorist activities of an individual 

16 shall include all terrorist activities conducted by the indi17 vidual before the individual’s transfer to the detention fa18 cility at United States Naval Station, Guantanamo Bay, 

19 including, at a minimum, the following: 

20 (1) The terrorist organization, if any, with 

21 which affiliated. 

22 (2) The terrorist training, if any, received. 

23 (3) The role in past terrorist attacks against 

24 United States interests or allies. 


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1 (4) The direct responsibility, if any, for the 

2 death of United States citizens or members of the 

3 Armed Forces. 

4 (5) Any admission of any matter specified in 

5 paragraphs (1) through (4). 

6 (6) A description of the intelligence supporting 

7 any matter specified in paragraphs (1) through (5), 

8 including the extent to which such intelligence was 

9 corroborated, the level of confidence held by the in10 telligence community, and any dissent or reassess11 ment by an element of the intelligence community. 

12 SEC. 602. CYBER CENTER FOR EDUCATION AND INNOVA13 TION-HOME OF THE NATIONAL CRYPTOLOGIC 

14 MUSEUM. 

15 (a) AUTHORITY TO ESTABLISH AND OPERATE CEN16 TER.—Chapter 449 of title 10, United States Code, is 

17 amended by adding at the end the following new section: 

18 ‘‘§ 4781. Cyber Center for Education and Innovation19 Home of the National Cryptologic Mu20 seum 

21 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of De22 fense may establish at a publicly accessible location at 

23 Fort George G. Meade the ‘Cyber Center for Education 

24 and Innovation-Home of the National Cryptologic Mu25 seum’ (in this section referred to as the ‘Center’). 


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1 ‘‘(2) The Center may be used for the identification, 

2 curation, storage, and public viewing of materials relating 

3 to the activities of the National Security Agency, its prede4 cessor or successor organizations, and the history of 

5 cryptology. 

6 ‘‘(3) The Center may contain meeting, conference, 

7 and classroom facilities that will be used to support such 

8 education, training, public outreach, and other purposes 

9 as the Secretary considers appropriate. 

10 ‘‘(b) DESIGN, CONSTRUCTION, AND OPERATION.— 

11 The Secretary may enter into an agreement with the Na12 tional Cryptologic Museum Foundation (in this section re13 ferred to as the ‘Foundation’), a nonprofit organization, 

14 for the design, construction, and operation of the Center. 

15 ‘‘(c) ACCEPTANCE AUTHORITY.—(1) If the Founda16 tion constructs the Center pursuant to an agreement with 

17 the Foundation under subsection (b), upon satisfactory 

18 completion of the Center’s construction or any phase 

19 thereof, as determined by the Secretary, and upon full sat20 isfaction by the Foundation of any other obligations pur21 suant to such agreement, the Secretary may accept the 

22 Center (or any phase thereof) from the Foundation, and 

23 all right, title, and interest in the Center or such phase 

24 shall vest in the United States. 


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1 ‘‘(2) Notwithstanding section 1342 of title 31, the 

2 Secretary may accept services from the Foundation in con3 nection with the design construction, and operation of the 

4 Center. For purposes of this section and any other provi5 sion of law, employees or personnel of the Foundation 

6 shall not be considered to be employees of the United 

7 States. 

8 ‘‘(d) FEES AND USER CHARGES.—(1) The Secretary 

9 may assess fees and user charges to cover the cost of the 

10 use of Center facilities and property, including rental, 

11 user, conference, and concession fees. 

12 ‘‘(2) Amounts received under paragraph (1) shall be 

13 deposited into the fund established under subsection (e). 

14 ‘‘(e) FUND.—(1) Upon the Secretary’s acceptance of 

15 the Center under subsection (c)(1)) there is established 

16 in the Treasury a fund to be known as the ‘Cyber Center 

17 for Education and Innovation-Home of the National 

18 Cryptologic Museum Fund’ (in this subsection referred to 

19 as the ‘Fund’). 

20 ‘‘(2) The Fund shall consist of the following amounts: 

21 ‘‘(A) Fees and user charges deposited by the 

22 Secretary under subsection (d) 

23 ‘‘(B) Any other amounts received by the Sec24 retary which are attributable to the operation of the 

25 Center. 


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1 ‘‘(3) Amounts in the Fund shall be available to the 

2 Secretary for the benefit and operation of the Center, in3 cluding the costs of operation and the acquisition of books, 

4 manuscripts, works of art, historical artifacts, drawings, 

5 plans, models, and condemned or obsolete combat mate6 riel. 

7 ‘‘(4) Amounts in the Fund shall be available without 

8 fiscal year limitation.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 449 of title 10, United State 

11 Code, is amended by adding at the end the following new 

12 item: 

‘‘4781. Cyber Center for Education and Innovation-Home of the National 

Cryptologic Museum.’’. 

13 SEC. 603. REPORT ON NATIONAL SECURITY SYSTEMS. 

14 (a) APPROPRIATE COMMITTEES OF CONGRESS DE15 FINED.—In this section, the term ‘‘appropriate commit16 tees of Congress’’ means— 

17 (1) the congressional intelligence committees; 

18 (2) the Committee on Appropriations and the 

19 Committee on Armed Services of the Senate; and 

20 (3) the Committee on Appropriations and the 

21 Committee on Armed Services of the House of Rep22 resentatives. 

23 (b) REPORT.—Not later than 120 days after the date 

24 of the enactment of this Act, and annually thereafter, the 


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1 Director of the National Security Agency, in coordination 

2 with the Secretary of Defense and the Chairman of the 

3 Joint Chiefs of Staff, shall submit to the appropriate com4 mittees of Congress a report on national security systems. 

5 (c) CONTENT.—Each report submitted under sub6 section (b) shall include information related to— 

7 (1) national security systems or components 

8 thereof that have been decertified and are still in 

9 operational use; 

10 (2) extension requests and the current status of 

11 any national security systems still in use or compo12 nents thereof that have been decertified and are still 

13 in use; 

14 (3) national security systems known to not be 

15 in compliance with the policies, principles, stand16 ards, and guidelines issued by the Committee on Na17 tional Security Systems established pursuant to Na18 tional Security Directive 42, signed by the President 

19 on July 5, 1990; and 

20 (4) organizations which have not provided ac21 cess or information to the Director of the National 

22 Security Agency that is adequate to enable the Di23 rector to make a determination as to whether such 

24 organizations are in compliance with the policies, 


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1 principles, standards, and guidelines issued by such 

2 Committee on National Security Systems. 

3 SEC. 604. JOINT FACILITIES CERTIFICATION. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) The Director of National Intelligence set a 

6 strategic goal to use joint facilities as a means to 

7 save costs by consolidating administrative and sup8 port functions across multiple elements of the intel9 ligence community. 

10 (2) The use of joint facilities provides more op11 portunities for operational collaboration and infor12 mation sharing among elements of the intelligence 

13 community. 

14 (b) CERTIFICATION.—Before an element of the intel15 ligence community purchases, leases, or constructs a new 

16 facility that is 20,000 square feet or larger, the head of 

17 that element of the intelligence community shall submit 

18 to the Director of National Intelligence— 

19 (1) a written certification that, to the best of 

20 the knowledge of the head of such element, all pro21 spective joint facilities in the vicinity have been con22 sidered and the element is unable to identify a joint 

23 facility that meets the operational requirements of 

24 such element; and 


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1 (2) a written statement listing the reasons for 

2 not participating in the prospective joint facilities 

3 considered by the element. 

4 SEC. 605. LEADERSHIP AND MANAGEMENT OF SPACE AC5 TIVITIES. 

6 (a) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate commit8 tees of Congress’’ means the congressional intelligence 

9 committees, the Committee on Armed Services of the Sen10 ate, and the Committee on Armed Services of the House 

11 of Representatives. 

12 (b) UPDATE TO STRATEGY FOR COMPREHENSIVE

13 INTERAGENCY REVIEW OF THE UNITED STATES NA14 TIONAL SECURITY OVERHEAD SATELLITE ARCHITEC15 TURE.—Not later than 180 days after the date of the en16 actment of this Act, the Director of National Intelligence, 

17 in consultation with the Secretary of Defense and the 

18 Chairman of the Joint Chiefs of Staff, shall issue a written 

19 update to the strategy required by section 312 of the Intel20 ligence Authorization Act for Fiscal Year 2016 (division 

21 M of Public Law 114–113; 129 Stat. 2919). 

22 (c) UNITY OF EFFORT IN SPACE OPERATIONS BE23 TWEEN THE INTELLIGENCE COMMUNITY AND DEPART24 MENT OF DEFENSE.— 


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1 (1) REQUIREMENT FOR PLAN.—Not later than 

2 180 days after the date of the enactment of this Act, 

3 the Director of National Intelligence, in consultation 

4 with the Secretary of Defense, shall submit to the 

5 appropriate committees of Congress a plan to func6 tionally integrate the governance, operations, anal7 ysis, collection, policy, and acquisition activities re8 lated to space and counterspace carried out by the 

9 intelligence community. The plan shall include anal10 ysis of no fewer than 2 alternative constructs to im11 plement this plan, and an assessment of statutory, 

12 policy, organizational, programmatic, and resources 

13 changes that may be required to implement each al14 ternative construct. 

15 (2) APPOINTMENT BY THE DIRECTOR OF NA16 TIONAL INTELLIGENCE.—Not later than 30 days 

17 after the date of the enactment of this Act, the Di18 rector of National Intelligence, in consultation with 

19 the Secretary of Defense, shall appoint a single offi20 cial to oversee development of the plan required by 

21 paragraph (1). 

22 (3) SCOPE OF PLAN.—The plan required by 

23 paragraph (1) shall include methods to functionally 

24 integrate activities carried out by— 

25 (A) the National Reconnaissance Office; 


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1 (B) the functional managers for signals in2 telligence and geospatial intelligence; 

3 (C) the Office of the Director of National 

4 Intelligence; 

5 (D) other Intelligence Community elements 

6 with space-related programs; 

7 (E) joint interagency efforts; and 

8 (F) other entities as identified by the Di9 rector of National Intelligence in coordination 

10 with the Secretary of Defense. 

11 (d) INTELLIGENCE COMMUNITY SPACE WORK12 FORCE.—Not later than 180 days after the date of the 

13 enactment of this Act, the Director of National Intel14 ligence shall submit to the congressional intelligence com15 mittees a workforce plan to recruit, develop, and retain 

16 personnel in the intelligence community with skills and ex17 perience in space and counterspace operations, analysis, 

18 collection, policy, and acquisition. 

19 (e) JOINT INTERAGENCY COMBINED SPACE OPER20 ATIONS CENTER.— 

21 (1) SUBMISSION TO CONGRESS.—The Director 

22 of the National Reconnaissance Office and the Com23 mander of the United States Strategic Command, in 

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1 ligence, and the Chairman of the Joint Chiefs of 

2 Staff, shall submit to the appropriate committees of 

3 Congress concept of operations and requirements 

4 documents for the Joint Interagency Combined 

5 Space Operations Center by the date that is the ear6 lier of— 

7 (A) the completion of the experimental 

8 phase of such Center; or 

9 (B) 30 days after the date of the enact10 ment of this Act. 

11 (2) QUARTERLY BRIEFINGS.—The Director of 

12 the National Reconnaissance Office and the Com13 mander of the United States Strategic Command, in 

14 coordination with the Director of National Intel15 ligence and Under Secretary of Defense for Intel16 ligence, shall provide to the appropriate committees 

17 of Congress briefings providing updates on activities 

18 and progress of the Joint Interagency Combined 

19 Space Operations Center to begin 30 days after the 

20 date of the enactment of this Act. Such briefings 

21 shall be quarterly for the first year following enact22 ment, and annually thereafter. 


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1 SEC. 606. ADVANCES IN LIFE SCIENCES AND BIO2 TECHNOLOGY. 

3 (a) REQUIREMENT FOR PLAN.—Not later than 180 

4 days after the date of the enactment of this Act, the Direc5 tor of National Intelligence shall brief the congressional 

6 intelligence committees on a proposed plan to monitor ad7 vances in life sciences and biotechnology to be carried out 

8 by the Director. 

9 (b) CONTENTS OF PLAN.—The plan required by sub10 section (a) shall include— 

11 (1) a description of the approach the elements 

12 of the intelligence community will take to make use 

13 of organic life science and biotechnology expertise, 

14 within and outside the intelligence community on a 

15 routine and contingency basis; 

16 (2) an assessment of the current collection and 

17 analytical posture of the life sciences and bio18 technology portfolio as it relates to United States 

19 competitiveness and the global bio-economy, the 

20 risks and threats evolving with advances in genetic 

21 editing technologies, and the implications of such ad22 vances on future biodefense requirements; and 

23 (3) an analysis of organizational requirements 

24 and responsibilities, including potentially creating 

25 new positions. 


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1 (c) REPORT TO CONGRESS.—Not later than 180 days 

2 after the date of the enactment of this Act, the Director 

3 of National Intelligence shall submit to the congressional 

4 intelligence committees, the Committee on Armed Services 

5 of the Senate, and the Committee on Armed Services of 

6 the House of Representatives a report and provide a brief7 ing on the role of the intelligence community in the event 

8 of a biological attack on the United States, including an 

9 assessment of the capabilities and gaps in technical capa10 bilities that exist to address the potential circumstance of 

11 a novel unknown pathogen. 

12 SEC. 607. REPORTS ON DECLASSIFICATION PROPOSALS. 

13 (a) COVERED STUDIES DEFINED.—In this section, 

14 the term ‘‘covered studies’’ means the studies that the Di15 rector of National Intelligence requested that the elements 

16 of the intelligence community produce in the course of pro17 ducing the fundamental classification guidance review for 

18 fiscal year 2017 required by Executive Order No. 13526 

19 (50 U.S.C. 3161 note), as follows: 

20 (1) A study of the feasibility of reducing the 

21 number of original classification authorities in each 

22 element of the intelligence community to the min23 imum number required and any negative impacts 

24 that reduction could have on mission capabilities. 


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1 (2) A study of the actions required to imple2 ment a proactive discretionary declassification pro3 gram distinct from the systematic, automatic, and 

4 mandatory declassification review programs outlined 

5 in part 2001 of title 32, Code of Federal Regula6 tions, including section 2001.35 of such part. 

7 (3) A study of the benefits and drawbacks of 

8 implementing a single classification guide that could 

9 be used by all elements of the intelligence commu10 nity in the nonoperational and more common areas 

11 of such elements. 

12 (4) A study of whether the classification level of 

13 ‘‘confidential’’ could be eliminated within agency14 generated classification guides from use by elements 

15 of the intelligence community and any negative im16 pacts that elimination could have on mission success. 

17 (b) REPORTS AND BRIEFINGS TO CONGRESS.— 

18 (1) PROGRESS REPORT.—Not later than 30 

19 days after the date of the enactment of this Act, the 

20 Director of National Intelligence shall submit a re21 port to the congressional intelligence committees and 

22 provide the congressional intelligence committees a 

23 briefing on the progress of the elements of the intel24 ligence community in producing the covered studies. 


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1 (2) FINAL REPORT.—Not later than the earlier 

2 of 120 days after the date of the enactment of this 

3 Act or June 30, 2017, the Director of National In4 telligence shall submit a report and provide a brief5 ing to the congressional intelligence committees on— 

6 (A) the final versions of the covered stud7 ies that have been provided to the Director by 

8 the elements of the intelligence community; and 

9 (B) a plan for implementation of each ini10 tiative included in each such covered study. 

11 SEC. 608. IMPROVEMENT IN GOVERNMENT CLASSIFICA12 TION AND DECLASSIFICATION. 

13 (a) REVIEW OF GOVERNMENT CLASSIFICATION AND

14 DECLASSIFICATION.—Not later than 180 days after the 

15 date of the enactment of this Act, the Director of National 

16 Intelligence shall— 

17 (1) review the system by which the Government 

18 classifies and declassifies information; 

19 (2) develop recommendations— 

20 (A) to make such system a more effective 

21 tool for the protection of information relating to 

22 national security; 

23 (B) to improve the sharing of information 

24 with partners and allies of the Government; and 


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1 (C) to support the appropriate declassifica2 tion of information; and 

3 (3) submit to the congressional intelligence 

4 committees a report with— 

5 (A) the findings of the Director with re6 spect to the review conducted under paragraph 

7 (1); and 

8 (B) the recommendations developed under 

9 paragraph (2). 

10 (b) ANNUAL CERTIFICATION OF CONTROLLED AC11 CESS PROGRAMS.— 

12 (1) IN GENERAL.—Not less frequently than 

13 once each year, the Director of National Intelligence 

14 shall certify in writing to the congressional intel15 ligence committees whether the creation, validation, 

16 or substantial modification, including termination, 

17 for all existing and proposed controlled access pro18 grams, and the compartments and subcompartments 

19 within each, are substantiated and justified based on 

20 the information required by paragraph (2). 

21 (2) INFORMATION REQUIRED.—Each certifi22 cation pursuant to paragraph (1) shall include— 

23 (A) the rationale for the revalidation, vali24 dation, or substantial modification, including 


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1 termination, of each controlled access program, 

2 compartment and subcompartment; 

3 (B) the identification of a control officer 

4 for each controlled access program; and 

5 (C) a statement of protection requirements 

6 for each controlled access program. 

7 SEC. 609. REPORT ON IMPLEMENTATION OF RESEARCH 

8 AND DEVELOPMENT RECOMMENDATIONS. 

9 Not later than 120 days after the date of the enact10 ment of this Act, the Director of National Intelligence 

11 shall submit to the congressional intelligence committees 

12 a report that includes the following: 

13 (1) An assessment of the actions each element 

14 of the intelligence community has completed to im15 plement the recommendations made by the National 

16 Commission for the Review of the Research and De17 velopment Programs of the United States Intel18 ligence Community established under section 1002 

19 of the Intelligence Authorization Act for Fiscal Year 

20 2003 (Public Law 107–306; 50 U.S.C. 3001 note). 

21 (2) An analysis of the balance between short-, 

22 medium-, and long-term research efforts carried out 

23 by each element of the intelligence community. 


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1 SEC. 610. REPORT ON INTELLIGENCE COMMUNITY RE2 SEARCH AND DEVELOPMENT CORPS. 

3 Not later than 120 days after the date of the enact4 ment of this Act, the Director of National Intelligence 

5 shall submit to the congressional intelligence committees 

6 a report and provide briefing on a plan, with milestones 

7 and benchmarks, to implement an Intelligence Community 

8 Research and Development Corps, as recommended in the 

9 Report of the National Commission for the Review of the 

10 Research and Development Programs of the United States 

11 Intelligence Community, including an assessment— 

12 (1) of the funding and modification to existing 

13 authorities needed to allow for the implementation of 

14 such Corps; and 

15 (2) of additional legislative authorities, if any, 

16 necessary to undertake such implementation. 

17 SEC. 611. REPORT ON INFORMATION RELATING TO ACA18 DEMIC PROGRAMS, SCHOLARSHIPS, FELLOW19 SHIPS, AND INTERNSHIPS SPONSORED, AD20 MINISTERED, OR USED BY THE INTEL21 LIGENCE COMMUNITY. 

22 (a) REPORT.—Not later than 120 days after the date 

23 of the enactment of this Act, the Director of National In24 telligence shall submit to the congressional intelligence 

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1 ing covered academic programs. Such report shall in2 clude— 

3 (1) a description of the extent to which the Di4 rector and the heads of the elements of the intel5 ligence community independently collect information 

6 on covered academic programs, including with re7 spect to— 

8 (A) the number of applicants for such pro9 grams; 

10 (B) the number of individuals who have 

11 participated in such programs; and 

12 (C) the number of individuals who have 

13 participated in such programs and were hired 

14 by an element of the intelligence community 

15 after completing such program; 

16 (2) to the extent that the Director and the 

17 heads independently collect the information de18 scribed in paragraph (1), a chart, table, or other 

19 compilation illustrating such information for each 

20 covered academic program and element of the intel21 ligence community, as appropriate, during the three22 year period preceding the date of the report; and 

23 (3) to the extent that the Director and the 

24 heads do not independently collect the information 


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1 described in paragraph (1) as of the date of the re2 port— 

3 (A) whether the Director and the heads 

4 can begin collecting such information during 

5 fiscal year 2017; and 

6 (B) the personnel, tools, and other re7 sources required by the Director and the heads 

8 to independently collect such information. 

9 (b) COVERED ACADEMIC PROGRAMS DEFINED.—In 

10 this section, the term ‘‘covered academic programs’’ 

11 means— 

12 (1) the Federal Cyber Scholarship-for-Service 

13 Program under section 302 of the Cybersecurity En14 hancement Act of 2014 (15 U.S.C. 7442); 

15 (2) the National Security Education Program 

16 under the David L. Boren National Security Edu17 cation Act of 1991 (50 U.S.C. 1901 et seq.); 

18 (3) the Science, Mathematics, and Research for 

19 Transformation Defense Education Program under 

20 section 2192a of title 10, United States Code; 

21 (4) the National Centers of Academic Excel22 lence in Information Assurance and Cyber Defense 

23 of the National Security Agency and the Depart24 ment of Homeland Security; and 


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1 (5) any other academic program, scholarship 

2 program, fellowship program, or internship program 

3 sponsored, administered, or used by an element of 

4 the intelligence community. 

5 SEC. 612. REPORT ON INTELLIGENCE COMMUNITY EM6 PLOYEES DETAILED TO NATIONAL SECURITY 

7 COUNCIL. 

8 Not later than 60 days after the date of the enact9 ment of this Act, the Director of National Intelligence 

10 shall submit to the congressional intelligence committees 

11 a classified written report listing, by year, the number of 

12 employees of an element of the intelligence community 

13 who have been detailed to the National Security Council 

14 during the 10-year period preceding the date of the report. 

15 SEC. 613. INTELLIGENCE COMMUNITY REPORTING TO CON16 GRESS ON FOREIGN FIGHTER FLOWS. 

17 (a) REPORTS REQUIRED.—Not later than 60 days 

18 after the date of the enactment of this Act, and every 180 

19 days thereafter, the Director of National Intelligence, con20 sistent with the protection of intelligence sources and 

21 methods, shall submit to the appropriate congressional 

22 committees a report on foreign fighter flows to and from 

23 terrorist safe havens abroad. 


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1 (b) CONTENTS.—Each report submitted under sub2 section (a) shall include, with respect to each terrorist safe 

3 haven, the following: 

4 (1) The total number of foreign fighters who 

5 have traveled or are suspected of having traveled to 

6 the terrorist safe haven since 2011, including the 

7 countries of origin of such foreign fighters. 

8 (2) The total number of United States citizens 

9 present in the terrorist safe haven. 

10 (3) The total number of foreign fighters who 

11 have left the terrorist safe haven or whose where12 abouts are unknown. 

13 (c) FORM.—The reports submitted under subsection 

14 (a) may be submitted in classified form. If such a report 

15 is submitted in classified form, such report shall also in16 clude an unclassified summary. 

17 (d) SUNSET.—The requirement to submit reports 

18 under subsection (a) shall terminate on the date that is 

19 two years after the date of the enactment of this Act. 

20 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE21 FINED.—In this section, the term ‘‘appropriate congres22 sional committees’’ means— 

23 (1) in the Senate— 

24 (A) the Committee on Armed Services; 

25 (B) the Select Committee on Intelligence; 


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1 (C) the Committee on the Judiciary; 

2 (D) the Committee on Homeland Security 

3 and Governmental Affairs; 

4 (E) the Committee on Banking, Housing, 

5 and Urban Affairs; 

6 (F) the Committee on Foreign Relations; 

7 and 

8 (G) the Committee on Appropriations; and 

9 (2) in the House of Representatives— 

10 (A) the Committee on Armed Services; 

11 (B) the Permanent Select Committee on 

12 Intelligence; 

13 (C) the Committee on the Judiciary; 

14 (D) the Committee on Homeland Security; 

15 (E) the Committee on Financial Services; 

16 (F) the Committee on Foreign Affairs; and 

17 (G) the Committee on Appropriations. 

18 SEC. 614. REPORT ON CYBERSECURITY THREATS TO SEA19 PORTS OF THE UNITED STATES AND MARI20 TIME SHIPPING. 

21 (a) REPORT.—Not later than 180 days after the date 

22 of the enactment of this Act, the Under Secretary of 

23 Homeland Security for Intelligence and Analysis, in con24 sultation with the Director of National Intelligence, and 

25 consistent with the protection of sources and methods, 


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1 shall submit to the appropriate congressional committees 

2 a report on the cybersecurity threats to, and the cyber 

3 vulnerabilities within, the software, communications net4 works, computer networks, or other systems employed 

5 by— 

6 (1) entities conducting significant operations at 

7 seaports in the United States; 

8 (2) the maritime shipping concerns of the 

9 United States; and 

10 (3) entities conducting significant operations at 

11 transshipment points in the United States. 

12 (b) MATTERS INCLUDED.—The report under sub13 section (a) shall include the following: 

14 (1) A description of any recent and significant 

15 cyberattacks or cybersecurity threats directed 

16 against software, communications networks, com17 puter networks, or other systems employed by the 

18 entities and concerns described in paragraphs (1) 

19 through (3) of subsection (a). 

20 (2) An assessment of— 

21 (A) any planned cyberattacks directed 

22 against such software, networks, and systems; 

23 (B) any significant vulnerabilities to such 

24 software, networks, and systems; and 


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1 (C) how such entities and concerns are 

2 mitigating such vulnerabilities. 

3 (3) An update on the status of the efforts of 

4 the Coast Guard to include cybersecurity concerns in 

5 the National Response Framework, Emergency Sup6 port Functions, or both, relating to the shipping or 

7 ports of the United States. 

8 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE9 FINED.—In this section, the term ‘‘appropriate congres10 sional committees’’ means— 

11 (1) the congressional intelligence committees; 

12 (2) the Committee on Homeland Security and 

13 Governmental Affairs and the Committee on Com14 merce, Science, and Transportation of the Senate; 

15 and 

16 (3) the Committee on Homeland Security and 

17 the Committee on Transportation and Infrastructure 

18 of the House of Representatives. 

19 SEC. 615. REPORT ON COUNTER-NARRATIVE ACTIVITIES. 

20 (a) REPORT.—Not later than 60 days after the date 

21 of the enactment of this Act, the Under Secretary for In22 telligence and Analysis of the Department of Homeland 

23 Security, in coordination with the Office of Community 

24 Partnerships, and consistent with the protection of sources 

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1 sional committees a report on the counter-narrative activi2 ties of the Department of Homeland Security with respect 

3 to the Islamic State and other extremist groups. 

4 (b) ELEMENTS.—The report under subsection (a) 

5 shall include the following: 

6 (1) A description of whether, and to what ex7 tent, the Secretary of Homeland Security, in con8 ducting counter-messaging narrative activities with 

9 respect to the Islamic State and other extremist 

10 groups, consults or coordinates with the Secretary of 

11 State, regarding the counter-messaging narrative ac12 tivities undertaken by the Department of State with 

13 respect to the Islamic State and other extremist 

14 groups, including counter-messaging narrative activi15 ties conducted by the Global Engagement Center of 

16 the Department of State. 

17 (2) Any criteria employed by the Secretary of 

18 Homeland Security for selecting, developing, promul19 gating, or changing the counter-messaging narrative 

20 approach of the Department of Homeland Security, 

21 including any counter-messaging narratives, with re22 spect to the Islamic State and other extremist 

23 groups. 


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1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means— 

4 (1) the congressional intelligence committees; 

5 and 

6 (2) the Committee on Homeland Security and 

7 Governmental Affairs and the Committee on the Ju8 diciary of the Senate; and 

9 (3) the Committee on Homeland Security and 

10 the Committee on the Judiciary of the House of 

11 Representatives. 

12 SEC. 616. REPORT ON REPRISALS AGAINST CONTRACTORS 

13 OF THE INTELLIGENCE COMMUNITY. 

14 (a) REPORT.—Not later than 180 days after the date 

15 of the enactment of this Act, the Inspector General of the 

16 Intelligence Community, consistent with the protection of 

17 sources and methods, shall submit to the congressional in18 telligence committees a report on reprisals made against 

19 covered contractor employees. 

20 (b) ELEMENTS.—The report under subsection (a) 

21 shall include the following: 

22 (1) Identification of the number of known or 

23 claimed reprisals made against covered contractor 

24 employees during the 3-year period preceding the 


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1 date of the report and any evaluation of such repris2 als. 

3 (2) An evaluation of the usefulness of estab4 lishing a prohibition on reprisals against covered 

5 contractor employees as a means of encouraging 

6 such contractors to make protected disclosures. 

7 (3) A description of any challenges associated 

8 with establishing such a prohibition, including with 

9 respect to the nature of the relationship between the 

10 Federal Government, the contractor, and the covered 

11 contractor employee. 

12 (4) A description of any approaches taken by 

13 the Federal Government to account for reprisals 

14 against non-intelligence community contractors who 

15 make protected disclosures, including pursuant to 

16 section 2409 of title 10, United States Code, and 

17 sections 4705 and 4712 of title 41, United States 

18 Code. 

19 (5) Any recommendations the Inspector General 

20 determines appropriate. 

21 (c) DEFINITIONS.—In this section: 

22 (1) COVERED CONTRACTOR EMPLOYEE.—The 

23 term ‘‘covered contractor employee’’ means an em24 ployee of a contractor of an element of the intel25 ligence community. 


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1 (2) REPRISAL.—The term ‘‘reprisal’’ means the 

2 discharge or other adverse personnel action made 

3 against a covered contractor employee for making a 

4 disclosure of information that would be a disclosure 

5 protected by law if the contractor were an employee 

6 of the Federal Government. 


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Calendar No. 4 

115TH CONGRESS 

1ST SESSION S. 133 

[Report No. 115–2] 

A BILL 

To authorize appropriations for fiscal year 2017 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

JANUARY 20, 2017 

Reported without amendment 


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