II 

114TH CONGRESS 

2D SESSION H. R. 6393 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2016 

Received 

AN ACT 

To authorize appropriations for fiscal year 2017 for intelligence and intelligence-related activities of the United 

States Government, the Community Management Account, and the Central Intelligence Agency Retirement 

and Disability System, and for other purposes. 

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 math education in 

the intelligence community. 

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

science, technology, engineering, or math expertise. 

Sec. 306. Modifications to certain requirements for construction of facilities. 

Sec. 307. Protections for independent inspectors general of certain elements of 

the intelligence community. 

Sec. 308. Modification of certain whistleblowing procedures. 

Sec. 309. Congressional oversight of policy directives and guidance. 

Sec. 310. Notification of memoranda of understanding. 

Sec. 311. Technical correction to Executive Schedule. 

Sec. 312. Maximum amount charged for declassification reviews. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

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

Security Center. 

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

regarding investment into the United States. 

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

Subtitle B—Central Intelligence Agency 


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

Agency. 

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

Subtitle C—Other Elements 

Sec. 421. Clarification of authority, direction, and control over the information 

assurance directorate of the National Security Agency. 

Sec. 422. Enhancing the technical workforce for the Federal Bureau of Investigation. 

Sec. 423. Plan on assumption of certain weather missions by the National Reconnaissance Office. 

TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES 

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

exert covert influence over peoples and governments. 

Sec. 502. Limitation on travel of accredited diplomats and consulars of the 

Russian Federation in the United States from their diplomatic 

post. 

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

with Open Skies Treaty member states. 

TITLE VI—PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 

Sec. 601. Information on activities of the Privacy and Civil Liberties Oversight 

Board. 

Sec. 602. Authorization of appropriations for Privacy and Civil Liberties Oversight Board. 

TITLE VII—REPORTS AND OTHER MATTERS 

Sec. 701. Declassification review with respect to detainees transferred from 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 702. Cyber Center for Education and Innovation Home of the National 

Cryptologic Museum. 

Sec. 703. Oversight of national security systems. 

Sec. 704. Joint facilities certification. 

Sec. 705. Leadership and management of space activities. 

Sec. 706. Advances in life sciences and biotechnology. 

Sec. 707. Reports on declassification proposals. 

Sec. 708. Improvement in Government classification and declassification. 

Sec. 709. Report on implementation of research and development recommendations. 

Sec. 710. Report on Intelligence Community Research and Development Corps. 

Sec. 711. Report on information relating to academic programs, scholarships, 

fellowships, and internships sponsored, administered, or used 

by the intelligence community. 

Sec. 712. Report on intelligence community employees detailed to National Security Council. 

Sec. 713. Intelligence community reporting to Congress on foreign fighter 

flows. 

Sec. 714. Report on cybersecurity threats to seaports of the United States and 

maritime shipping. 

Sec. 715. Report on counter-messaging activities. 

Sec. 716. Report on reprisals against contractors of the intelligence community. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee on 

9 Intelligence of the House of Representatives. 

10 (2) INTELLIGENCE COMMUNITY.—The term 

11 ‘‘intelligence community’’ has the meaning given 

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

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

14 TITLE I—INTELLIGENCE 

15 ACTIVITIES 

16 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2017 for the conduct of the intelligence and 

19 intelligence-related activities of the following elements of 

20 the United States Government: 

21 (1) The Office of the Director of National Intel22 ligence. 

23 (2) The Central Intelligence Agency. 

24 (3) The Department of Defense. 

25 (4) The Defense Intelligence Agency. 

26 (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 this 

23 Act. 

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 3 percent 

8 of the number of civilian personnel authorized under such 

9 schedule for such element. 

10 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di11 rector of National Intelligence shall establish guidelines 

12 that govern, for each element of the intelligence commu13 nity, the treatment under the personnel levels authorized 

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

15 personnel levels, of employment or assignment in— 

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

17 similar program; 

18 (2) a reserve corps or as a reemployed annu19 itant; or 

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

21 training. 

22 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

23 COMMITTEES.—The Director of National Intelligence 

24 shall notify the congressional intelligence committees in 


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1 writing at least 15 days prior to each exercise of an au2 thority described in subsection (a). 

3 (d) CONTRACTOR CONVERSIONS.— 

4 (1) AUTHORITY FOR INCREASES.—In addition 

5 to the authority under subsection (a), the Director 

6 of National Intelligence may authorize employment 

7 of civilian personnel in an element of the intelligence 

8 community in excess of the number authorized for 

9 fiscal year 2017 by the classified Schedule of Au10 thorizations referred to in section 102(a), as such 

11 number may be increased pursuant to subsection 

12 (a), if— 

13 (A) the Director determines that the in14 crease under this paragraph is necessary to 

15 convert the performance of any function of the 

16 element by contractors to performance by civil17 ian personnel; and 

18 (B) the number of civilian personnel of the 

19 element employed in excess of the number au20 thorized under such section 102(a), as such 

21 number may be increased pursuant to both sub22 section (a) and this paragraph, does not exceed 

23 10 percent of the number of civilian personnel 

24 authorized under such schedule for the element. 


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1 (2) NOTICE TO CONGRESSIONAL INTELLIGENCE

2 COMMITTEES.—Not less than 30 days prior to exer3 cising the authority described in paragraph (1), the 

4 Director of National Intelligence shall submit to the 

5 congressional intelligence committees, in writing— 

6 (A) notification of exercising such author7 ity; 

8 (B) justification for making the conversion 

9 described in subparagraph (A) of such para10 graph; and 

11 (C) certification that such conversion is 

12 cost effective. 

13 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC14 COUNT. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated for the Intelligence Commu17 nity Management Account of the Director of National In18 telligence for fiscal year 2017 the sum of $559,796,000. 

19 Within such amount, funds identified in the classified 

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

21 for advanced research and development shall remain avail22 able until September 30, 2018. 

23 (b) AUTHORIZED PERSONNEL LEVELS.—The ele24 ments within the Intelligence Community Management 

25 Account of the Director of National Intelligence are auVerDate Sep 11 2014 23:38 Dec 05, 2016 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6393.RDS H6393

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1 thorized 787 positions as of September 30, 2017. Per2 sonnel serving in such elements may be permanent em3 ployees of the Office of the Director of National Intel4 ligence or personnel detailed from other elements of the 

5 United States Government. 

6 (c) CLASSIFIED AUTHORIZATIONS.— 

7 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

8 addition to amounts authorized to be appropriated 

9 for the Intelligence Community Management Ac10 count by subsection (a), there are authorized to be 

11 appropriated for the Community Management Ac12 count for fiscal year 2017 such additional amounts 

13 as are specified in the classified Schedule of Author14 izations referred to in section 102(a). Such addi15 tional amounts for advanced research and develop16 ment shall remain available until September 30, 

17 2018. 

18 (2) AUTHORIZATION OF PERSONNEL.—In addi19 tion to the personnel authorized by subsection (b) 

20 for elements of the Intelligence Community Manage21 ment Account as of September 30, 2017, there are 

22 authorized such additional personnel for the Com23 munity Management Account as of that date as are 

24 specified in the classified Schedule of Authorizations 

25 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 MATH EDUCATION IN THE IN3 TELLIGENCE 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 MATH EX24 PERTISE. 

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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 MATH POSI5 TIONS. 

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 one or 

10 more categories of positions in such element that require 

11 expertise in science, technology, engineering, or math 

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. MODIFICATIONS TO CERTAIN REQUIREMENTS 

17 FOR CONSTRUCTION OF FACILITIES. 

18 (a) INCLUSION IN BUDGET REQUESTS OF CERTAIN

19 PROJECTS.—Section 8131 of the Department of Defense 

20 Appropriations Act, 1995 (50 U.S.C. 3303) is repealed. 

21 (b) NOTIFICATION.—Section 602(a)(2) of the Intel22 ligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 

23 3304(a)(2)) is amended by striking ‘‘improvement project 


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1 to’’ and inserting ‘‘project for the improvement, repair, or 

2 modification of’’. 

3 SEC. 307. 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 such a waiver shall not be issued for 

7 in fact 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; or 


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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. 308. MODIFICATION OF CERTAIN WHISTLEBLOWING 

2 PROCEDURES. 

3 (a) CLARIFICATION OF WHISTLEBLOWING PROCE4 DURES AVAILABLE TO CERTAIN PERSONNEL.—Sub5 section (a)(1)(A) of section 8H of the Inspector General 

6 Act of 1978 (5 U.S.C. App.) is amended by inserting after 

7 ‘‘Security Agency,’’ the following: ‘‘including any such em8 ployee who is assigned or detailed to a combatant com9 mand or other element of the Federal Government,’’. 

10 (b) CENTRAL INTELLIGENCE AGENCY.— 

11 (1) ROLE OF DIRECTOR.—Section 17(d)(5) of 

12 the Central Intelligence Agency Act of 1949 (50 

13 U.S.C. 3517(d)(5)) is amended— 

14 (A) in subparagraph (B)— 

15 (i) by striking clause (ii); 

16 (ii) by striking ‘‘(i) Not’’ and insert17 ing ‘‘Not’’; and 

18 (iii) by striking ‘‘to the Director’’ and 

19 inserting ‘‘to the intelligence committees’’; 

20 and 

21 (B) in subparagraph (D)— 

22 (i) in clause (i), by striking ‘‘the Di23 rector’’ and inserting ‘‘the intelligence 

24 committees’’; and 

25 (ii) in clause (ii)— 


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1 (I) in subclause (I), by striking 

2 ‘‘the Director, through the Inspector 

3 General,’’ and inserting ‘‘the Inspec4 tor General’’; and 

5 (II) in subclause (II), by striking 

6 ‘‘the Director, through the Inspector 

7 General,’’ and inserting ‘‘the Inspec8 tor General, in consultation with the 

9 Director,’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) IN GENERAL.—Section 17(d)(5) of 

12 such Act is further amended— 

13 (i) by striking subparagraph (C); and 

14 (ii) by redesignating subparagraphs 

15 (D) through (H) as subparagraphs (C) 

16 through (G), respectively. 

17 (B) INTELLIGENCE REFORM AND TER18 RORISM PREVENTION ACT OF 2004.—Section 

19 3001(j)(1)(C)(ii) of the Intelligence Reform and 

20 Terrorism Prevention Act of 2004 (50 U.S.C. 

21 3341(j)(1)(C)(ii)) is amended by striking ‘‘sub22 paragraphs (A), (D), and (H)’’ and inserting 

23 ‘‘subparagraphs (A), (C), and (G)’’. 

24 (c) OTHER ELEMENTS OF INTELLIGENCE COMMU25 NITY.— 


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1 (1) ROLE OF HEADS.—Section 8H of the In2 spector General Act of 1978 (5 U.S.C. App.) is 

3 amended— 

4 (A) in subsection (b)— 

5 (i) by striking paragraph (2); 

6 (ii) by striking ‘‘(1) Not’’ and insert7 ing ‘‘Not’’; and 

8 (iii) by striking ‘‘to the head of the es9 tablishment’’ and inserting ‘‘to the intel10 ligence committees’’; and 

11 (B) in subsection (d)— 

12 (i) in paragraph (1), by striking ‘‘the 

13 head of the establishment’’ and inserting 

14 ‘‘the intelligence committees’’; and 

15 (ii) in paragraph (2)— 

16 (I) in subparagraph (A), by strik17 ing ‘‘the head of the establishment, 

18 through the Inspector General,’’ and 

19 inserting ‘‘the Inspector General’’; 

20 and 

21 (II) in subparagraph (B), by 

22 striking ‘‘the head of the establish23 ment, through the Inspector General,’’ 

24 and inserting ‘‘the Inspector General, 


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1 in consultation with the head of the 

2 establishment,’’. 

3 (2) CONFORMING AMENDMENTS.—Section 8H 

4 of such Act is further amended— 

5 (A) by striking subsection (c); 

6 (B) by redesignating subsections (d) 

7 through (i) as subsections (c) through (h), re8 spectively; and 

9 (C) in subsection (e), as so redesignated, 

10 by striking ‘‘subsections (a) through (e)’’ and 

11 inserting ‘‘subsections (a) through (d)’’. 

12 (d) OFFICE OF THE DIRECTOR OF NATIONAL INTEL13 LIGENCE.— 

14 (1) IN GENERAL.—Section 103H(k)(5) of the 

15 National Security Act of 1947 (50 U.S.C. 

16 3033(k)(5)) is amended— 

17 (A) in subparagraph (B), by striking ‘‘to 

18 the Director’’ and inserting ‘‘to the congres19 sional intelligence committees’’; and 

20 (B) in subparagraph (D)— 

21 (i) in clause (i), by striking ‘‘the Di22 rector’’ and inserting ‘‘the congressional 

23 intelligence committees’’; and 

24 (ii) in clause (ii)— 


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1 (I) in subclause (I), by striking 

2 ‘‘the Director, through the Inspector 

3 General,’’ and inserting ‘‘the Inspec4 tor General’’; and 

5 (II) in subclause (II), by striking 

6 ‘‘the Director, through the Inspector 

7 General,’’ and inserting ‘‘the Inspec8 tor General, in consultation with the 

9 Director,’’. 

10 (2) CONFORMING AMENDMENTS.—Section 

11 103H(k)(5) of such Act is further amended— 

12 (A) by striking subparagraph (C); and 

13 (B) by redesignating subparagraphs (D) 

14 through (I) as subparagraphs (C) through (H), 

15 respectively. 

16 (e) RULE OF CONSTRUCTION.—None of the amend17 ments made by this section may be construed to prohibit 

18 or otherwise affect the authority of an Inspector General 

19 of an element of the intelligence community, the Inspector 

20 General of the Central Intelligence Agency, or the Inspec21 tor General of the Intelligence Community to notify the 

22 head of the element of the intelligence community, the Di23 rector of the Central Intelligence Agency, or the Director 

24 of National Intelligence, as the case may be, of a com25 plaint or information otherwise authorized by law. 


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1 SEC. 309. 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 annex to such 

8 a Directive, Guidance, or other document, that assigns 

9 takes, roles, or responsibilities the intelligence community. 

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

11 National Intelligence shall submit to the congressional in12 telligence committees the following: 

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

14 a covered policy document is issued, a notice of the 

15 issuance and a summary of the subject matter ad16 dressed by such covered policy document. 

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

18 the Director issues any guidance or direction on im19 plementation of a covered policy document or imple20 ments a covered policy document, a copy of such 

21 guidance or direction or a description of such imple22 mentation. 

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

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1 mented by any element of the intelligence commu2 nity or that is in effect on such date— 

3 (A) a notice that includes the date such 

4 covered policy document was issued and a sum5 mary of the subject matter addressed by such 

6 covered policy document; and 

7 (B) if the Director has issued any guid8 ance or direction on implementation of such 

9 covered policy document or is implementing 

10 such covered policy document, a copy of the 

11 guidance or direction or a description of such 

12 implementation. 

13 SEC. 310. NOTIFICATION OF MEMORANDA OF UNDER14 STANDING. 

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

16 intelligence community shall submit to the congressional 

17 intelligence committees a copy of each memorandum of 

18 understanding or other agreement regarding significant 

19 operational activities or policy between or among such ele20 ment and any other entity or entities of the United States 

21 Government— 

22 (1) for such a memorandum or agreement that 

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

24 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. 311. TECHNICAL CORRECTION TO EXECUTIVE SCHED13 ULE. 

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

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

16 National Counter Proliferation Center.’’. 

17 SEC. 312. MAXIMUM AMOUNT CHARGED FOR DECLAS18 SIFICATION REVIEWS. 

19 In reviewing and processing a request by a person 

20 for the mandatory declassification of information pursuant 

21 to Executive Order No. 13526, a successor executive 

22 order, or any other provision of law, the head of an ele23 ment of the intelligence community— 

24 (1) may not charge the person reproduction 

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


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1 would charge the person for reproduction required in 

2 the course of processing a request for information 

3 under section 552 of title 5, United States Code 

4 (commonly referred to as the ‘‘Freedom of Informa5 tion Act’’); and 

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

7 the same manner as the head waives or reduces fees 

8 under such section 552. 

9 TITLE IV—MATTERS RELATING 

10 TO ELEMENTS OF THE INTEL11 LIGENCE COMMUNITY 

12 Subtitle A—Office of the Director 

13 of National Intelligence 

14 SEC. 401. DESIGNATION OF THE DIRECTOR OF THE NA15 TIONAL COUNTERINTELLIGENCE AND SECU16 RITY CENTER. 

17 (a) IN GENERAL.— 

18 (1) IN GENERAL.—Section 902 of the Counter19 intelligence Enhancement Act of 2002 (50 U.S.C. 

20 3382) is amended to read as follows: 

21 ‘‘SEC. 902. DIRECTOR OF THE NATIONAL COUNTERINTEL22 LIGENCE AND SECURITY CENTER. 

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

24 the National Counterintelligence and Security Center (re25 ferred to in this section as the ‘Director’), who shall be 


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

2 consent of the Senate. 

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

4 to serve as the head of national counterintelligence for the 

5 United States Government. 

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

7 of the Director of National Intelligence, the duties of the 

8 Director are as follows: 

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

10 subsection (b). 

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

12 Counterintelligence Policy Board established under 

13 section 811 of the Counterintelligence and Security 

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

15 ‘‘(3) To act as head of the National Counter16 intelligence and Security Center established under 

17 section 904. 

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

19 boards, committees, and entities of the executive 

20 branch as the Director of National Intelligence con21 siders appropriate for the discharge of the mission 

22 and functions of the Director and the National 

23 Counterintelligence and Security Center under sec24 tion 904.’’. 


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1 (2) TABLE OF CONTENTS AMENDMENT.—The 

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

3 Authorization Act for Fiscal Year 2003 (Public Law 

4 107–306; 116 Stat. 2383) is amended by striking 

5 the item relating to section 902 and inserting the 

6 following: 

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

7 (3) TECHNICAL EFFECTIVE DATE.—The 

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

9 the Intelligence Authorization Act for Fiscal Year 

10 2016 (division M of Public Law 114–113) shall not 

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

12 Act is on or after the effective date specified in sub13 section (b) of such section, such amendment shall be 

14 deemed to not have taken effect. 

15 (b) NATIONAL COUNTERINTELLIGENCE AND SECU16 RITY CENTER.— 

17 (1) IN GENERAL.—Section 904 of the Counter18 intelligence Enhancement Act of 2002 (50 U.S.C. 

19 3383) is amended— 

20 (A) by striking the section heading and in21 serting ‘‘NATIONAL COUNTERINTEL22 LIGENCE AND SECURITY CENTER.’’; and 

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

24 (c) and inserting the following: 


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

2 Counterintelligence and Security Center. 

3 ‘‘(b) HEAD OF CENTER.—The Director of the Na4 tional Counterintelligence and Security Center shall be the 

5 head of the National Counterintelligence and Security 

6 Center. 

7 ‘‘(c) LOCATION OF CENTER.—The National Counter8 intelligence and Security Center shall be located in the Of9 fice of the Director of National Intelligence.’’. 

10 (2) FUNCTIONS.—Section 904(d) of the Coun11 terintelligence Enhancement Act of 2002 (50 U.S.C. 

12 3383(d)) is amended— 

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

14 by striking ‘‘National Counterintelligence Exec15 utive, the functions of the Office of the Na16 tional Counterintelligence Executive’’ and in17 serting ‘‘Director of the National Counterintel18 ligence and Security Center, the functions of 

19 the National Counterintelligence and Security 

20 Center’’; 

21 (B) in paragraph (5), in the matter pre22 ceding subparagraph (A), by striking ‘‘In con23 sultation with’’ and inserting ‘‘At the direction 

24 of’’; and 


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1 (C) in paragraph (6), in the matter pre2 ceding subparagraph (A), by striking ‘‘Office’’ 

3 and inserting ‘‘National Counterintelligence and 

4 Security Center’’. 

5 (3) PERSONNEL.—Section 904(f) of the Coun6 terintelligence Enhancement Act of 2002 (50 U.S.C. 

7 3383(f)) is amended— 

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

9 of the National Counterintelligence Executive 

10 may consist of personnel employed by the Of11 fice’’ and inserting ‘‘National Counterintel12 ligence and Security Center may consist of per13 sonnel employed by the Center’’; and 

14 (B) in paragraph (2), by striking ‘‘Na15 tional Counterintelligence Executive’’ and in16 serting ‘‘Director of the National Counterintel17 ligence and Security Center’’. 

18 (4) TREATMENT OF ACTIVITIES UNDER CER19 TAIN ADMINISTRATIVE LAWS.—Section 904(g) of the 

20 Counterintelligence Enhancement Act of 2002 (50 

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

22 be treated as operational files of the Central Intel23 ligence Agency for purposes of section 701 of the 

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

25 inserting ‘‘National Counterintelligence and Security 


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1 Center shall be treated as operational files of the 

2 Central Intelligence Agency for purposes of section 

3 701 of the National Security Act of 1947 (50 U.S.C. 

4 3141)’’. 

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

6 of the Counterintelligence Enhancement Act of 2002 

7 (50 U.S.C. 3383(h)) is amended— 

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

9 by striking ‘‘Office of the National Counter10 intelligence Executive’’ and inserting ‘‘National 

11 Counterintelligence and Security Center’’; and 

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

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

14 that term appears. 

15 (6) TABLE OF CONTENTS AMENDMENT.—The 

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

17 Authorization Act for Fiscal Year 2003 (Public Law 

18 107–306; 116 Stat. 2383), as amended by sub19 section (a)(2), is further amended by striking the 

20 item relating to section 904 and inserting the fol21 lowing: 

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

22 (c) OVERSIGHT OF NATIONAL INTELLIGENCE CEN23 TERS.—Section 102A(f)(2) of the National Security Act 

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

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1 tional Counterintelligence and Security Center’’ after 

2 ‘‘National Counterterrorism Center’’. 

3 (d) DIRECTOR OF THE NATIONAL COUNTERINTEL4 LIGENCE AND SECURITY CENTER WITHIN THE OFFICE

5 OF THE DIRECTOR OF NATIONAL INTELLIGENCE.—Para6 graph (8) of section 103(c) of the National Security Act 

7 of 1947 (50 U.S.C. 3025(c)) is amended to read as fol8 lows: 

9 ‘‘(8) The Director of the National Counterintel10 ligence and Security Center.’’. 

11 (e) DUTIES OF THE DIRECTOR OF THE NATIONAL

12 COUNTERINTELLIGENCE AND SECURITY CENTER.— 

13 (1) IN GENERAL.—Section 103F of the Na14 tional Security Act of 1947 (50 U.S.C. 3031) is 

15 amended— 

16 (A) by striking the section heading and in17 serting ‘‘DIRECTOR OF THE NATIONAL COUN18 TERINTELLIGENCE AND SECURITY CENTER’’; 

19 (B) in subsection (a)— 

20 (i) by striking the subsection heading 

21 and inserting ‘‘DIRECTOR OF THE NA22 TIONAL COUNTERINTELLIGENCE AND SE23 CURITY CENTER.—’’; and 

24 (ii) by striking ‘‘National Counter25 intelligence Executive under section 902 of 


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1 the Counterintelligence Enhancement Act 

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

3 50 U.S.C. 402b et seq.)’’ and inserting 

4 ‘‘Director of the National Counterintel5 ligence and Security Center appointed 

6 under section 902 of the Counterintel7 ligence Enhancement Act of 2002 (50 

8 U.S.C. 3382)’’; and 

9 (C) in subsection (b), by striking ‘‘Na10 tional Counterintelligence Executive’’ and in11 serting ‘‘Director of the National Counterintel12 ligence and Security Center’’. 

13 (2) TABLE OF CONTENTS AMENDMENT.—The 

14 table of contents in the first section of the National 

15 Security Act of 1947 is amended by striking the 

16 item relating to section 103F and inserting the fol17 lowing: 

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

18 (f) COORDINATION OF COUNTERINTELLIGENCE AC19 TIVITIES.—Section 811 of the Counterintelligence and Se20 curity Enhancements Act of 1994 (50 U.S.C. 3381) is 

21 amended— 

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

23 Counterintelligence Executive under section 902 of 

24 the Counterintelligence Enhancement Act of 2002’’ 


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1 and inserting ‘‘Director of the National Counter2 intelligence and Security Center appointed under 

3 section 902 of the Counterintelligence Enhancement 

4 Act of 2002 (50 U.S.C. 3382)’’; 

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

6 Counterintelligence Executive.’’ and inserting ‘‘Di7 rector of the National Counterintelligence and Secu8 rity Center.’’; and 

9 (3) in subsection (d)(1)(B)(ii)— 

10 (A) by striking ‘‘National Counterintel11 ligence Executive’’ and inserting ‘‘Director of 

12 the National Counterintelligence and Security 

13 Center’’; and 

14 (B) by striking ‘‘by the Office of the Na15 tional Counterintelligence Executive under sec16 tion 904(e)(2) of that Act’’ and inserting ‘‘pur17 suant to section 904(d)(2) of that Act (50 

18 U.S.C. 3383(d)(2))’’. 

19 (g) INTELLIGENCE AND NATIONAL SECURITY AS20 PECTS OF ESPIONAGE PROSECUTIONS.—Section 341(b) of 

21 the Intelligence Authorization Act for Fiscal Year 2004 

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

23 by striking ‘‘Office of the National Counterintelligence Ex24 ecutive,’’ and inserting ‘‘National Counterintelligence and 

25 Security Center,’’. 


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1 SEC. 402. ANALYSES AND IMPACT STATEMENTS BY DIREC2 TOR OF NATIONAL INTELLIGENCE REGARD3 ING INVESTMENT INTO THE UNITED STATES. 

4 Section 102A of the National Security Act of 1947 

5 (50 U.S.C. 3024) is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(y) ANALYSES AND IMPACT STATEMENTS REGARD8 ING PROPOSED INVESTMENT INTO THE UNITED

9 STATES.— 

10 ‘‘(1) IN GENERAL.—Not later than 20 days 

11 after the completion of a review or an investigation 

12 of any proposed investment into the United States 

13 for which the Director has prepared analytic mate14 rials, the Director shall submit to the Select Com15 mittee on Intelligence of the Senate and the Perma16 nent Select Committee on Intelligence of the House 

17 of Representative copies of such analytic materials, 

18 including any supplements or amendments to such 

19 analysis made by the Director. 

20 ‘‘(2) IMPACT STATEMENTS.—Not later than 60 

21 days after the completion of consideration by the 

22 United States Government of any investment de23 scribed in paragraph (1), the Director shall deter24 mine whether such investment will have an oper25 ational impact on the intelligence community, and, if 

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1 lect Committee on Intelligence of the Senate and the 

2 Permanent Select Committee on Intelligence of the 

3 House of Representatives. Each such report shall— 

4 ‘‘(A) describe the operational impact of the 

5 investment on the intelligence community; and 

6 ‘‘(B) describe any actions that have been 

7 or will be taken to mitigate such impact.’’. 

8 SEC. 403. ASSISTANCE FOR GOVERNMENTAL ENTITIES AND 

9 PRIVATE ENTITIES IN RECOGNIZING ONLINE 

10 VIOLENT EXTREMIST CONTENT. 

11 (a) ASSISTANCE TO RECOGNIZE ONLINE VIOLENT

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

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

14 protection of intelligence sources and methods, the Direc15 tor of National Intelligence shall publish on a publicly 

16 available Internet website a list of all logos, symbols, insig17 nia, and other markings commonly associated with, or 

18 adopted by, an organization designated by the Secretary 

19 of State as a foreign terrorist organization under section 

20 219(a) of the Immigration and Nationality Act (8 U.S.C. 

21 1189(a)). 

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

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

24 frequently as needed. 


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1 Subtitle B—Central Intelligence 

2 Agency 

3 SEC. 411. ENHANCED DEATH BENEFITS FOR PERSONNEL 

4 OF THE CENTRAL INTELLIGENCE AGENCY. 

5 Section 11 of the Central Intelligence Agency Act of 

6 1949 (50 U.S.C. 3511) is amended to read as follows: 

7 ‘‘BENEFITS AVAILABLE IN EVENT OF THE DEATH OF

8 PERSONNEL

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

10 death benefits substantially similar to those authorized for 

11 members of the Foreign Service pursuant to the Foreign 

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

13 provision of law. The Director may adjust the eligibility 

14 for death benefits as necessary to meet the unique require15 ments of the mission of the Agency. 

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

17 this section shall be submitted to the Select Committee 

18 on Intelligence of the Senate and the Permanent Select 

19 Committee on Intelligence of the House of Representatives 

20 before such regulations take effect.’’. 

21 SEC. 412. PAY AND RETIREMENT AUTHORITIES OF THE IN22 SPECTOR GENERAL OF THE CENTRAL INTEL23 LIGENCE AGENCY. 

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

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


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1 is amended by adding at the end the following new sub2 paragraph: 

3 ‘‘(C)(i) The Inspector General may designate an offi4 cer or employee appointed in accordance with subpara5 graph (A) as a law enforcement officer solely for purposes 

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

7 United States Code, if such officer or employee is ap8 pointed to a position with responsibility for investigating 

9 suspected offenses against the criminal laws of the United 

10 States. 

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

12 shall ensure that any authority under such clause is exer13 cised in a manner consistent with section 3307 of title 5, 

14 United States Code, as it relates to law enforcement offi15 cers. 

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

17 8335(b), and 8425(b) of title 5, United States Code, the 

18 Inspector General may exercise the functions, powers, and 

19 duties of an agency head or appointing authority with re20 spect to the Office.’’. 

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

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

23 1949 (50 U.S.C. 3517(e)(7)), as added by subsection (a), 

24 may not be construed to confer on the Inspector General 

25 of the Central Intelligence Agency, or any other officer 


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

2 or internal security functions or authorities. 

3 Subtitle C—Other Elements 

4 SEC. 421. CLARIFICATION OF AUTHORITY, DIRECTION, AND 

5 CONTROL OVER THE INFORMATION ASSUR6 ANCE DIRECTORATE OF THE NATIONAL SE7 CURITY AGENCY. 

8 Section 142(b)(1) of title 10, United States Code, is 

9 amended— 

10 (1) in subparagraph (B), by striking the semi11 colon and inserting ‘‘; and’’; 

12 (2) in subparagraph (C), by striking ‘‘; and’’ 

13 and inserting a period; and 

14 (3) by striking subparagraph (D). 

15 SEC. 422. ENHANCING THE TECHNICAL WORKFORCE FOR 

16 THE FEDERAL BUREAU OF INVESTIGATION. 

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

18 human capital strategic plan provided to the congressional 

19 intelligence committees in 2015, not later than 180 days 

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

21 two years thereafter, the Director of the Federal Bureau 

22 of Investigation shall submit to the congressional intel23 ligence committees a comprehensive strategic workforce 

24 report regarding initiatives to effectively integrate infor25 mation technology expertise in the investigative process. 


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

2 (a) shall include the following: 

3 (1) An assessment, including measurable bench4 marks, of progress on initiatives to recruit, train, 

5 and retain personnel with the necessary skills and 

6 experiences in vital areas, including encryption, cryp7 tography, and big data analytics. 

8 (2) An assessment of whether officers of the 

9 Federal Bureau of Investigation who possess such 

10 skills are fully integrated into the Bureau’s work, in11 cluding Agent-led investigations. 

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

13 the collaborations between the Bureau and private 

14 sector entities on cyber issues, including the status 

15 of efforts to benefit from employees with experience 

16 transitioning between the public and private sectors. 

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

18 if applicable, and leveraging the Director’s Advisory 

19 Board, which was originally constituted in 2005, to 

20 provide outside advice on how to better integrate 

21 technical expertise with the investigative process and 

22 on emerging concerns in cyber-related issues. 


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1 SEC. 423. PLAN ON ASSUMPTION OF CERTAIN WEATHER 

2 MISSIONS BY THE NATIONAL RECONNAIS3 SANCE OFFICE. 

4 (a) PLAN.— 

5 (1) IN GENERAL.—Except as provided in sub6 section (c), the Director of the National Reconnais7 sance Office shall develop a plan for the National 

8 Reconnaissance Office to address how to carry out 

9 covered space-based environmental monitoring mis10 sions. Such plan shall include— 

11 (A) a description of the related national se12 curity requirements for such missions; 

13 (B) a description of the appropriate man14 ner to meet such requirements; and 

15 (C) the amount of funds that would be 

16 necessary to be transferred from the Air Force 

17 to the National Reconnaissance Office during 

18 fiscal years 2018 through 2022 to carry out 

19 such plan. 

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

21 paragraph (1), the Director may conduct pre-acqui22 sition activities, including with respect to requests 

23 for information, analyses of alternatives, study con24 tracts, modeling and simulation, and other activities 

25 the Director determines necessary to develop such 

26 plan. 


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

2 and except as provided in subsection (c), the Direc3 tor shall submit to the appropriate congressional 

4 committees the plan under paragraph (1). 

5 (b) INDEPENDENT COST ESTIMATE.—The Director 

6 of the Cost Assessment Improvement Group of the Office 

7 of the Director of National Intelligence, in coordination 

8 with the Director of Cost Assessment and Program Eval9 uation, shall certify to the appropriate congressional com10 mittees that the amounts of funds identified under sub11 section (a)(1)(C) as being necessary to transfer are appro12 priate and include funding for positions and personnel to 

13 support program office costs. 

14 (c) WAIVER BASED ON REPORT AND CERTIFICATION

15 OF AIR FORCE ACQUISITION PROGRAM.—The Director of 

16 the National Reconnaissance Office may waive the re17 quirement to develop a plan under subsection (a), if the 

18 Under Secretary of Defense for Acquisition Technology, 

19 and Logistics and the Chairman of the Joint Chiefs of 

20 Staff jointly submit to the appropriate congressional com21 mittees a report by not later than July 1, 2017, that con22 tains— 

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

24 Force is carrying out a formal acquisition program 

25 that has received milestone A approval to address 


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1 the cloud characterization and theater weather im2 agery requirements of the Department of Defense; 

3 and 

4 (2) an identification of the cost, schedule, re5 quirements, and acquisition strategy of such acquisi6 tion program. 

7 (d) DEFINITIONS.—In this section: 

8 (1) 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) The term ‘‘covered space-based environ16 mental monitoring missions’’ means the acquisition 

17 programs necessary to meet the national security re18 quirements for cloud characterization and theater 

19 weather imagery. 


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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 United States Gov21 ernment set out under subparagraph (B) shall 

22 appoint one member of the committee estab23 lished by subsection (b) from among officials of 

24 such agency or department who occupy a posi25 tion that is required to be appointed by the 


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1 President, with the advice and consent of the 

2 Senate. 

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

5 of the United States Government set out under 

6 this subparagraph 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. 


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1 (2) MATTERS INCLUDED.—Each report under 

2 paragraph (1) shall include a summary of the fol3 lowing: 

4 (A) Active measures by Russia to exert 

5 covert influence during the previous year, in6 cluding significant incidents and notable trends. 

7 (B) Key initiatives of the committee. 

8 (C) Implementation of the committee’s ini9 tiatives by the heads of the agencies and de10 partments of the United States Government 

11 specified in subsection (c)(1)(B). 

12 (D) Analysis of the success of such initia13 tives. 

14 (E) Changes to such initiatives from the 

15 previous year. 

16 (3) SEPARATE REPORTING REQUIREMENT.— 

17 The requirement to submit an annual report under 

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

19 requirements with respect to Russia. 


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1 SEC. 502. LIMITATION ON TRAVEL OF ACCREDITED DIP2 LOMATS AND CONSULARS OF THE RUSSIAN 

3 FEDERATION IN THE UNITED STATES FROM 

4 THEIR DIPLOMATIC POST. 

5 (a) APPROPRIATE COMMITTEES OF CONGRESS DE6 FINED.—In this section, the term ‘‘appropriate commit7 tees of Congress’’ means— 

8 (1) the congressional intelligence committees; 

9 (2) the Committee on Foreign Relations and 

10 the Committee on the Judiciary of the Senate; and 

11 (3) the Committee on Foreign Affairs and the 

12 Committee on the Judiciary of the House of Rep13 resentatives. 

14 (b) QUARTERLY LIMITATION ON TRAVEL DIS15 TANCE.—Accredited diplomatic personnel and consulars of 

16 the Russian Federation in the United States may not be 

17 permitted to travel a distance in excess of 25 miles from 

18 their diplomatic post in the United States in a calendar 

19 quarter unless, on or before the last day of the preceding 

20 calendar quarter, the Director of the Federal Bureau of 

21 Investigation has certified in writing to the appropriate 

22 committees of Congress that during the preceding cal23 endar quarter the Bureau did not identify any violations 

24 by accredited diplomatic personnel and consulars of the 

25 Russian Federation of applicable requirements to notify 

26 the United States Government in connection with travel 


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1 by such diplomatic personnel and consulars of a distance 

2 in excess of 25 miles from their diplomatic post in the 

3 United States. 

4 (c) APPLICABILITY.—Subsection (b) shall apply to 

5 each calendar quarter that begins more than 90 days after 

6 the date of the enactment of this Act. 

7 (d) WAIVER AUTHORITY.— 

8 (1) IN GENERAL.—The Director of the Federal 

9 Bureau of Investigation may waive any travel dis10 tance limitation imposed by subsection (b) if the Di11 rector determines that such a waiver will further the 

12 law enforcement or national security interests of the 

13 United States. 

14 (2) NOTIFICATION.—Not later than 15 days 

15 after issuing a waiver under paragraph (1), the Di16 rector of the Federal Bureau of Investigation shall 

17 submit to the appropriate committees of Congress a 

18 notification that such waiver has been issued and the 

19 justification for the issuance of such waiver. 

20 SEC. 503. STUDY AND REPORT ON ENHANCED INTEL21 LIGENCE AND INFORMATION SHARING WITH 

22 OPEN SKIES TREATY MEMBER STATES. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) congressional intelligence committees; 

5 (B) the Committee on Armed Services and 

6 the Committee on Foreign Relations of the Sen7 ate; and 

8 (C) the Committee on Armed Services and 

9 the Committee on Foreign Affairs of the House 

10 of Representatives. 

11 (2) COVERED STATE PARTY.—The term ‘‘cov12 ered state party’’ means a foreign country, that— 

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

14 Treaty on February 22, 2016; and 

15 (B) is not the Russian Federation or the 

16 Republic of Belarus. 

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

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

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

20 force January 1, 2002. 

21 (b) FEASIBILITY STUDY.— 

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

23 180 days after the date of the enactment of this Act, 

24 the Director of National Intelligence shall conduct 

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1 gress a study to determine the feasibility of creating 

2 an intelligence sharing arrangement and database to 

3 provide covered state parties with imagery that is 

4 comparable, delivered more frequently, and in equal 

5 or higher resolution than imagery available through 

6 the database established under the Open Skies Trea7 ty. 

8 (2) ELEMENTS.—The study required by para9 graph (1) shall include an evaluation of the fol10 lowing: 

11 (A) The methods by which the United 

12 States could collect and provide imagery, in13 cluding commercial satellite imagery, national 

14 technical means, and through other intelligence, 

15 surveillance, and reconnaissance platforms, 

16 under an information sharing arrangement and 

17 database referred to in paragraph (1). 

18 (B) The ability of other covered state par19 ties to contribute imagery to the arrangement 

20 and database. 

21 (C) Any impediments to the United States 

22 and other covered states parties providing such 

23 imagery, including any statutory barriers, 

24 insufficiencies in the ability to collect the im25 agery or funding, under such an arrangement. 


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1 (D) Whether imagery of Moscow, 

2 Chechnya, the international border between 

3 Russia and Georgia, Kaliningrad, or the Repub4 lic of Belarus could be provided under such an 

5 arrangement. 

6 (E) The annual and projected costs associ7 ated with the establishment of such an arrange8 ment and database, as compared with costs to 

9 the United States and other covered state par10 ties of being parties to the Open Skies Treaty, 

11 including Open Skies Treaty plane mainte12 nance, aircraft fuel, crew expenses, mitigation 

13 measures necessary associated with Russian 

14 Federation overflights over the United States or 

15 covered state parties, and new sensor develop16 ment and acquisition. 

17 (3) SUPPORT FROM OTHER FEDERAL AGEN18 CIES.—Each head of a Federal agency shall provide 

19 such support to the Director as may be necessary 

20 for the Director to conduct the study required by 

21 paragraph (1). 

22 (c) REPORT.— 

23 (1) REQUIREMENT FOR REPORT.—Not later 

24 than 180 days after the date of the enactment of 

25 this Act, the Director of National Intelligence shall 


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1 submit to the appropriate committees of Congress 

2 the report described in this subsection. 

3 (2) CONTENT OF REPORT.—The report re4 quired by paragraph (1) shall include the following: 

5 (A) An intelligence assessment on Russian 

6 Federation warfighting doctrine and the extent 

7 to which Russian Federation flights under the 

8 Open Skies Treaty contribute to such doctrine. 

9 (B) A counterintelligence analysis as to 

10 whether the Russian Federation has, could 

11 have, or intends to have the capability to exceed 

12 the imagery limits set forth in the Open Skies 

13 Treaty. 

14 (C) A list of intelligence exchanges with 

15 covered state parties that have been updated on 

16 the information described in subparagraphs (A) 

17 and (B) and the date and form such informa18 tion was provided. 

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

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

21 shall be submitted in an unclassified form but may include 

22 a classified annex. 


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1 TITLE VI—PRIVACY AND CIVIL 

2 LIBERTIES OVERSIGHT BOARD 

3 SEC. 601. INFORMATION ON ACTIVITIES OF THE PRIVACY 

4 AND CIVIL LIBERTIES OVERSIGHT BOARD. 

5 Subsection (e) of section 1061 of the Intelligence Re6 form and Terrorism Prevention Act of 2004 (42 U.S.C. 

7 2000ee(e)) is amended— 

8 (1) by striking the subsection heading and in9 serting ‘‘REPORTS AND OVERSIGHT ACTIVITIES.—’’; 

10 and 

11 (2) by adding at the end the following: 

12 ‘‘(3) INFORMATION.— 

13 ‘‘(A) OVERSIGHT ACTIVITIES.—In addition 

14 to the reports submitted under paragraph 

15 (1)(B), the Board shall ensure that each official 

16 and congressional committee specified in sub17 paragraph (B) is kept fully and currently in18 formed of the oversight activities of the Board, 

19 including any significant anticipated oversight 

20 activities. 

21 ‘‘(B) OFFICIALS AND CONGRESSIONAL

22 COMMITTEES SPECIFIED.—The officials and 

23 congressional committees specified in this sub24 paragraph are the following: 


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1 ‘‘(i) The Director of National Intel2 ligence. 

3 ‘‘(ii) The head of any element of the 

4 intelligence community (as defined in sec5 tion 3(4) of the National Security Act of 

6 1947 (50 U.S.C. 3003(4)) the activities of 

7 which are, or are anticipated to be, the 

8 subject of the Board’s oversight activities. 

9 ‘‘(iii) The Select Committee on Intel10 ligence of the Senate and the Permanent 

11 Select Committee on Intelligence of the 

12 House of Representatives. 

13 ‘‘(C) EXEMPTION FOR STATUTORY ADVICE

14 FUNCTION.—This paragraph shall not apply to 

15 exercises of the Board’s advice function as set 

16 out in subsection (d)(1). 

17 ‘‘(D) PRESERVATION OF PRIVILEGE.— 

18 Nothing in this paragraph may be construed to 

19 abridge or require waiver of any applicable 

20 privilege. 

21 ‘‘(4) REPORTS ON ADVICE TO ELEMENTS OF

22 THE INTELLIGENCE COMMUNITY.—Whenever an ele23 ment of the intelligence community acts in con24 travention of the advice provided by the Board 

25 under subsection (d)(1), the Board shall, no less 


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1 than 30 days after the action in contravention of the 

2 Board’s advice, notify the Select Committee on In3 telligence of the Senate and the Permanent Select 

4 Committee on Intelligence of the House of Rep5 resentatives of the provision of advice and of the ac6 tion by the element of the intelligence community.’’. 

7 SEC. 602. AUTHORIZATION OF APPROPRIATIONS FOR PRI8 VACY AND CIVIL LIBERTIES OVERSIGHT 

9 BOARD. 

10 (a) REQUIREMENT FOR AUTHORIZATIONS.—Sub11 section (m) of section 1061 of the Intelligence Reform and 

12 Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(m)) 

13 is amended to read as follows: 

14 ‘‘(m) FUNDING.— 

15 ‘‘(1) SPECIFIC AUTHORIZATION REQUIRED.— 

16 Appropriated funds available to the Board may be 

17 obligated or expended to carry out activities under 

18 this section only if such funds were specifically au19 thorized by Congress for use for such activities for 

20 such fiscal year. 

21 ‘‘(2) DEFINITION.—In this subsection, the term 

22 ‘specifically authorized by Congress’ has the mean23 ing given that term in section 504(e) of the National 

24 Security Act of 1947 (50 U.S.C. 3094(e)).’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Privacy and Civil Lib3 erties Oversight Board for fiscal year 2017 the sum of 

4 $10,081,000 to carry out the activities of the Board under 

5 section 1061 of the Intelligence Reform and Terrorism 

6 Prevention Act of 2004 (42 U.S.C. 2000ee). 

7 TITLE VII—REPORTS AND 

8 OTHER MATTERS 

9 SEC. 701. DECLASSIFICATION REVIEW WITH RESPECT TO 

10 DETAINEES TRANSFERRED FROM UNITED 

11 STATES NAVAL STATION, GUANTANAMO BAY, 

12 CUBA. 

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

14 United States Naval Station, Guantanamo Bay, Cuba, 

15 after September 11, 2001, who was transferred or released 

16 from United States Naval Station, Guantanamo Bay, 

17 Cuba, the Director of National Intelligence shall— 

18 (1)(A) complete a declassification review of in19 telligence reports regarding past terrorist activities 

20 of that individual prepared by the National Counter21 terrorism Center for the individual’s Periodic Review 

22 Board sessions, transfer, or release; or 

23 (B) if the individual’s transfer or release oc24 curred prior to the date on which the National 

25 Counterterrorism Center first began to prepare such 


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1 reports regarding detainees, such other intelligence 

2 report or reports that contain the same or similar 

3 information regarding the individual’s past terrorist 

4 activities; 

5 (2) make available to the public— 

6 (A) any intelligence reports declassified as 

7 a result of the declassification review; and 

8 (B) with respect to each individual trans9 ferred or released, for whom intelligence reports 

10 are declassified as a result of the declassifica11 tion review, an unclassified summary which 

12 shall be prepared by the President of measures 

13 being taken by the country to which the indi14 vidual was transferred or released to monitor 

15 the individual and to prevent the individual 

16 from carrying out future terrorist activities; and 

17 (3) submit to the congressional intelligence 

18 committees a report setting out the results of the de19 classification review, including a description of intel20 ligence reports covered by the review that were not 

21 declassified. 

22 (b) SCHEDULE.— 

23 (1) TRANSFER OR RELEASE PRIOR TO ENACT24 MENT.—Not later than 210 days after the date of 

25 the enactment of this Act, the Director of National 


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1 Intelligence shall submit the report required by sub2 section (a)(3), which shall include the results of the 

3 declassification review completed for each individual 

4 detained at United States Naval Station, Guanta5 namo Bay, Cuba, who was transferred or released 

6 from United States Naval Station, Guantanamo 

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

8 (2) TRANSFER OR RELEASE AFTER ENACT9 MENT.—Not later than 120 days after the date an 

10 individual detained at United States Naval Station, 

11 Guantanamo Bay, on or after the date of the enact12 ment of this Act is transferred or released from 

13 United States Naval Station, Guantanamo Bay, the 

14 Director shall submit the report required by sub15 section (a)(3) for such individual. 

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

17 this section, the past terrorist activities of an individual 

18 shall include all terrorist activities conducted by the indi19 vidual before the individual’s transfer to the detention fa20 cility at United States Naval Station, Guantanamo Bay, 

21 including, at a minimum, the following: 

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

23 which affiliated. 

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


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1 (3) The role in past terrorist attacks against 

2 United States interests or allies. 

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

4 death of United States citizens or members of the 

5 Armed Forces. 

6 (5) Any admission of any matter specified in 

7 paragraphs (1) through (4). 

8 SEC. 702. CYBER CENTER FOR EDUCATION AND INNOVA9 TION HOME OF THE NATIONAL CRYPTOLOGIC 

10 MUSEUM. 

11 (a) AUTHORITY TO ESTABLISH AND OPERATE CEN12 TER.—Chapter 449 of title 10, United States Code, is 

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

14 ‘‘§ 4781. Cyber Center for Education and Innovation 

15 Home of the National Cryptologic Mu16 seum 

17 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of De18 fense may establish at a publicly accessible location at 

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

20 and Innovation Home of the National Cryptologic Mu21 seum’ (in this section referred to as the ‘Center’). 

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

23 curation, storage, and public viewing of materials relating 

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1 ecessor or successor organizations of such Agency, and the 

2 history of cryptology. 

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

4 and classroom facilities that will be used to support such 

5 education, training, public outreach, and other purposes 

6 as the Secretary considers appropriate. 

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

8 The Secretary may enter into an agreement with the Na9 tional Cryptologic Museum Foundation (in this section re10 ferred to as the ‘Foundation’), a nonprofit organization, 

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

12 ‘‘(c) ACCEPTANCE AUTHORITY.—(1) If the Founda13 tion constructs the Center pursuant to an agreement with 

14 the Foundation under subsection (b), upon satisfactory 

15 completion of the Center’s construction or any phase 

16 thereof, as determined by the Secretary, and upon full sat17 isfaction by the Foundation of any other obligations pur18 suant to such agreement, the Secretary may accept the 

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

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

21 shall vest in the United States. 

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

23 Secretary may accept services from the Foundation in con24 nection with the design construction, and operation of the 

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1 sion of law, employees or personnel of the Foundation 

2 shall not be considered to be employees of the United 

3 States. 

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

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

6 use of Center facilities and property, including rental, 

7 user, conference, and concession fees. 

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

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

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

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

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

13 for Education and Innovation-Home of the National 

14 Cryptologic Museum Fund’ (in this subsection referred to 

15 as the ‘Fund’). 

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

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

18 Secretary under subsection (d). 

19 ‘‘(B) Any other amounts received by the Sec20 retary which are attributable to the operation of the 

21 Center. 

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

23 Secretary for the benefit and operation of the Center, in24 cluding the costs of operation and the acquisition of books, 

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


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1 plans, models, and condemned or obsolete combat mate2 riel.’’. 

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

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

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

6 item: 

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

Cryptologic Museum.’’. 

7 SEC. 703. OVERSIGHT OF NATIONAL SECURITY SYSTEMS. 

8 (a) IN GENERAL.—Section 3557 of title 44, United 

9 States Code, is amended— 

10 (1) by striking ‘‘The head’’ and inserting the 

11 following: 

12 ‘‘(c) RESPONSIBILITIES OF AGENCIES.—The head’’; 

13 and 

14 (2) by inserting before subsection (c), as des15 ignated by paragraph (1), the following: 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) BINDING OPERATIONAL DIRECTIVE.—Not18 withstanding section 3552(b), the term ‘binding 

19 operational directive’ means a compulsory direction 

20 to an agency that— 

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1 formation security threat, vulnerability, or risk; 

2 and 

3 ‘‘(B) shall be in accordance with policies, 

4 principles, standards, and guidelines issued by 

5 the Committee. 

6 ‘‘(2) COMMITTEE.—The term ‘Committee’ 

7 means the committee established pursuant to Na8 tional Security Directive 42, signed by the President 

9 on July 5, 1990. 

10 ‘‘(3) NATIONAL MANAGER.—The term ‘National 

11 Manager’ means the national manager referred to in 

12 National Security Directive 42, signed by the Presi13 dent on July 5, 1990. 

14 ‘‘(b) OVERSIGHT BY NATIONAL MANAGER.— 

15 ‘‘(1) DESIGNATION.—The Director of the Na16 tional Security Agency shall serve as the National 

17 Manager. 

18 ‘‘(2) REGISTRATION OF NATIONAL SECURITY

19 SYSTEMS.— 

20 ‘‘(A) IN GENERAL.—Each head of an 

21 agency that operates or exercises control of a 

22 national security system shall register such sys23 tem and its configuration with the National 

24 Manager. 


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1 ‘‘(B) LIMITATION.—The head of an agency 

2 operating or exercising control of a national se3 curity system may not operate or exercise con4 trol of such national security system until such 

5 head receives a letter from the National Man6 ager that acknowledges registration of such na7 tional security system. 

8 ‘‘(3) AUTHORITY TO INSPECT.—The National 

9 Manager, in consultation with the head of an agency 

10 that operates or exercises control of a national secu11 rity system, may, as the National Manager considers 

12 appropriate, inspect such system— 

13 ‘‘(A) for adherence to such standards as 

14 the Committee may establish for national secu15 rity systems; and 

16 ‘‘(B) to confirm whether the national secu17 rity system coheres with its configuration reg18 istered under paragraph (2). 

19 ‘‘(4) BINDING OPERATIONAL DIRECTIVES.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the National Manager, in 

22 consultation with the Committee, may issue 

23 such binding operational directives as the Na24 tional Manager considers appropriate to ensure 

25 the security of a national security system. 


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1 ‘‘(B) LIMITATION.—In any case in which 

2 the National Manager issues an operational di3 rective under subparagraph (A) with respect to 

4 a national security system operated or con5 trolled by an agency, such operational directive 

6 shall not be considered binding if the head of 

7 such agency submits to the National Manager 

8 a certification that the operational directive 

9 would degrade national security. 

10 ‘‘(C) ANNUAL REPORT.—Not less fre11 quently than once each year, the National Man12 ager shall submit to the Select Committee on 

13 Intelligence of the Senate and the Permanent 

14 Select Committee on Intelligence of the House 

15 of Representatives a report on the certifications 

16 submitted to the National Manager under sub17 paragraph (B) in the most recent year pre18 ceding the report.’’. 

19 (b) CONSIDERATION OF CERTAIN ROUTINE ADMINIS20 TRATIVE AND BUSINESS APPLICATIONS AS NATIONAL SE21 CURITY SYSTEMS.— 

22 (1) TITLE 40.—Section 11103(a) of title 40, 

23 United States Code, is amended— 

24 (A) by striking paragraph (2); 


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1 (B) in paragraph (1)(E), by striking ‘‘sub2 ject to paragraph (2),’’; 

3 (C) by striking ‘‘DEFINITION.—’’ and all 

4 that follows through ‘‘In this section’’ and in5 serting ‘‘NATIONAL SECURITY SYSTEM DE6 FINED.—In this section’’; and 

7 (D) by redesignating subparagraphs (A) 

8 through (E) as paragraphs (1) through (5), re9 spectively, and moving such paragraphs 2 ems 

10 to the left. 

11 (2) TITLE 44.—Section 3552(b)(6) of title 44, 

12 United States Code, is amended— 

13 (A) by striking subparagraph (B); 

14 (B) in subparagraph (A), by striking 

15 ‘‘(A)’’; 

16 (C) by redesignating clauses (i) and (ii) as 

17 subparagraphs (A) and (B), respectively; 

18 (D) by redesignating subclauses (I) 

19 through (V) as clauses (i) through (v), respec20 tively; and 

21 (E) in subparagraph (A)(v), as redesig22 nated, by striking ‘‘subject to subparagraph 

23 (B),’’. 

24 SEC. 704. JOINT FACILITIES CERTIFICATION. 

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


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1 (1) The Director of National Intelligence set a 

2 strategic goal to use joint facilities as a means to 

3 save costs by consolidating administrative and sup4 port functions across multiple elements of the intel5 ligence community. 

6 (2) The use of joint facilities provides more op7 portunities for operational collaboration and infor8 mation sharing among elements of the intelligence 

9 community. 

10 (b) CERTIFICATION.—Before an element of the intel11 ligence community purchases, leases, or constructs a new 

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

13 that element of the intelligence community shall submit 

14 to the Director of National Intelligence— 

15 (1) a certification that, to the best of the 

16 knowledge of the head of such element, all prospec17 tive joint facilities in the vicinity have been consid18 ered and the element is unable to identify a joint fa19 cility that meets the operational requirements of 

20 such element; and 

21 (2) a statement listing the reasons for not par22 ticipating in the prospective joint facilities consid23 ered by the element. 


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1 SEC. 705. LEADERSHIP AND MANAGEMENT OF SPACE AC2 TIVITIES. 

3 (a) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate commit5 tees of Congress’’ means the congressional intelligence 

6 committees, the Committee on Armed Services of the Sen7 ate, and the Committee on Armed Services of the House 

8 of Representatives. 

9 (b) UPDATE TO STRATEGY FOR COMPREHENSIVE

10 INTERAGENCY REVIEW OF THE UNITED STATES NA11 TIONAL SECURITY OVERHEAD SATELLITE ARCHITEC12 TURE.—Not later than 180 days after the date of the en13 actment of this Act, the Director of National Intelligence, 

14 in consultation with the Secretary of Defense and the 

15 Chairman of the Joint Chiefs of Staff, shall issue an up16 date to the strategy required by section 312 of the Intel17 ligence Authorization Act for Fiscal Year 2016 (division 

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

19 (c) UNITY OF EFFORT IN SPACE OPERATIONS BE20 TWEEN THE INTELLIGENCE COMMUNITY AND DEPART21 MENT OF DEFENSE.— 

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

23 90 days after the date of the enactment of this Act, 

24 the Director of National Intelligence, in consultation 

25 with the Secretary of Defense, shall submit to the 

26 appropriate committees of Congress a plan to funcVerDate Sep 11 2014 23:38 Dec 05, 2016 Jkt 069200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H6393.RDS H6393

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1 tionally integrate the governance, operations, anal2 ysis, collection, policy, and acquisition activities re3 lated to space and counterspace carried out by the 

4 intelligence community. The plan shall include anal5 ysis of no fewer than 2 alternative constructs to im6 plement this plan, and an assessment of statutory, 

7 policy, organizational, programmatic, and resources 

8 changes that may be required to implement each al9 ternative construct. 

10 (2) APPOINTMENT BY THE DIRECTOR OF NA11 TIONAL INTELLIGENCE.—Not later than 30 days 

12 after the date of the enactment of this Act, the Di13 rector of National Intelligence, in consultation with 

14 the Secretary of Defense, shall appoint a single offi15 cial to oversee development of the plan required by 

16 paragraph (1). 

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

18 paragraph (1) shall include methods to functionally 

19 integrate activities carried out by— 

20 (A) the National Reconnaissance Office; 

21 (B) the functional managers for signals in22 telligence and geospatial intelligence; 

23 (C) the Office of the Director of National 

24 Intelligence; 


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1 (D) other Intelligence Community elements 

2 with space-related programs; 

3 (E) joint interagency efforts; and 

4 (F) other entities as identified by the Di5 rector of National Intelligence in coordination 

6 with the Secretary of Defense. 

7 (d) INTELLIGENCE COMMUNITY SPACE WORK8 FORCE.—Not later than 90 days after the date of the en9 actment of this Act, the Director of National Intelligence 

10 shall submit to the congressional intelligence committees 

11 a workforce plan to recruit, develop, and retain personnel 

12 in the intelligence community with skills and experience 

13 in space and counterspace operations, analysis, collection, 

14 policy, and acquisition. 

15 (e) JOINT INTERAGENCY COMBINED SPACE OPER16 ATIONS CENTER.— 

17 (1) SUBMISSION TO CONGRESS.—The Director 

18 of the National Reconnaissance Office and the Com19 mander of the United States Strategic Command, in 

20 consultation with the Director of National Intel21 ligence and Under Secretary of Defense for Intel22 ligence, shall submit to the appropriate committees 

23 of Congress concept of operations and requirements 

24 documents for the Joint Interagency Combined 


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1 Space Operations Center by the date that is the ear2 lier of— 

3 (A) the completion of the experimental 

4 phase of such Center; or 

5 (B) 30 days after the date of the enact6 ment of this Act. 

7 (2) QUARTERLY BRIEFINGS.—The Director of 

8 the National Reconnaissance Office and the Com9 mander of the United States Strategic Command, in 

10 coordination with the Director of National Intel11 ligence and Under Secretary of Defense for Intel12 ligence, shall provide to the appropriate committees 

13 of Congress briefings providing updates on activities 

14 and progress of the Joint Interagency Combined 

15 Space Operations Center to begin 30 days after the 

16 date of the enactment of this Act. Such briefings 

17 shall be quarterly for the first year following enact18 ment, and annually thereafter. 

19 SEC. 706. ADVANCES IN LIFE SCIENCES AND BIO20 TECHNOLOGY. 

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

22 days after the date of the enactment of this Act, the Direc23 tor of National Intelligence shall brief the congressional 

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1 vances in life sciences and biotechnology to be carried out 

2 by the Director. 

3 (b) CONTENTS OF PLAN.—The plan required by sub4 section (a) shall include— 

5 (1) a description of the approach the elements 

6 of the intelligence community will take to make use 

7 of organic life science and biotechnology expertise 

8 within and outside the intelligence community on a 

9 routine and contingency basis; 

10 (2) an assessment of the current collection and 

11 analytical posture of the life sciences and bio12 technology portfolio as it relates to United States 

13 competitiveness and the global bio-economy, the 

14 risks and threats evolving with advances in genetic 

15 editing technologies, and the implications of such ad16 vances on future biodefense requirements; and 

17 (3) an analysis of organizational requirements 

18 and responsibilities, including potentially creating 

19 new positions. 

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

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

22 of National Intelligence shall submit to the congressional 

23 intelligence committees, the Committee on Armed Services 

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

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1 ing on the role of the intelligence community in the event 

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

3 assessment of the capabilities and gaps in technical capa4 bilities that exist to address the potential circumstance of 

5 a novel unknown pathogen. 

6 SEC. 707. REPORTS ON DECLASSIFICATION PROPOSALS. 

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

8 the term ‘‘covered studies’’ means the studies that the Di9 rector of National Intelligence requested that the elements 

10 of the intelligence community produce in the course of pro11 ducing the fundamental classification guidance review for 

12 fiscal year 2017 required by Executive Order No. 13526 

13 (50 U.S.C. 3161 note), as follows: 

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

15 number of original classification authorities in each 

16 element of the intelligence community to the min17 imum number required and any negative impacts 

18 that reduction could have on mission capabilities. 

19 (2) A study of the actions required to imple20 ment a proactive discretionary declassification pro21 gram distinct from the systematic, automatic, and 

22 mandatory declassification review programs outlined 

23 in part 2001 of title 32, Code of Federal Regula24 tions, including section 2001.35 of such part. 


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

2 implementing a single classification guide that could 

3 be used by all elements of the intelligence commu4 nity in the nonoperational and more common areas 

5 of such elements. 

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

7 ‘‘confidential’’ could be eliminated within agency8 generated classification guides from use by elements 

9 of the intelligence community and any negative im10 pacts that elimination could have on mission success. 

11 (b) REPORTS AND BRIEFINGS TO CONGRESS.— 

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

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

14 Director of National Intelligence shall submit a re15 port to the congressional intelligence committees and 

16 provide the congressional intelligence committees a 

17 briefing on the progress of the elements of the intel18 ligence community in producing the covered studies. 

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

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

21 Act or June 30, 2017, the Director of National In22 telligence shall submit a report and provide a brief23 ing to the congressional intelligence committees on— 


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1 (A) the final versions of the covered stud2 ies that have been provided to the Director by 

3 the elements of the intelligence community; and 

4 (B) a plan for implementation of each ini5 tiative included in each such covered study. 

6 SEC. 708. IMPROVEMENT IN GOVERNMENT CLASSIFICA7 TION AND DECLASSIFICATION. 

8 (a) REVIEW OF GOVERNMENT CLASSIFICATION AND

9 DECLASSIFICATION.—Not later than 180 days after the 

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

11 Intelligence shall— 

12 (1) review the system by which the Government 

13 classifies and declassifies information; 

14 (2) develop recommendations— 

15 (A) to make such system a more effective 

16 tool for the protection of information relating to 

17 national security; 

18 (B) to improve the sharing of information 

19 with partners and allies of the Government; and 

20 (C) to support the appropriate declassifica21 tion of information; and 

22 (3) submit to the congressional intelligence 

23 committees a report with— 


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1 (A) the findings of the Director with re2 spect to the review conducted under paragraph 

3 (1); and 

4 (B) the recommendations developed under 

5 paragraph (2). 

6 (b) ANNUAL CERTIFICATION OF CONTROLLED AC7 CESS PROGRAMS.— 

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

9 once each year, the Director of National Intelligence 

10 shall certify to the congressional intelligence commit11 tees whether the creation, validation, or substantial 

12 modification, including termination, for all existing 

13 and proposed controlled access programs, and the 

14 compartments and subcompartments within each, 

15 are substantiated and justified based on the infor16 mation required by paragraph (2). 

17 (2) INFORMATION REQUIRED.—Each certifi18 cation pursuant to paragraph (1) shall include— 

19 (A) the rationale for the revalidation, vali20 dation, or substantial modification, including 

21 termination, of each controlled access program, 

22 compartment and subcompartment; 

23 (B) the identification of a control officer 

24 for each controlled access program; and 


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1 (C) a statement of protection requirements 

2 for each controlled access program. 

3 SEC. 709. REPORT ON IMPLEMENTATION OF RESEARCH 

4 AND DEVELOPMENT RECOMMENDATIONS. 

5 Not later than 120 days after the date of the enact6 ment of this Act, the Director of National Intelligence 

7 shall submit to the congressional intelligence committees 

8 a report that includes the following: 

9 (1) An assessment of the actions each element 

10 of the intelligence community has completed to im11 plement the recommendations made by the National 

12 Commission for the Review of the Research and De13 velopment Programs of the United States Intel14 ligence Community established under section 1002 

15 of the Intelligence Authorization Act for Fiscal Year 

16 2003 (Public Law 107–306; 50 U.S.C. 3001 note). 

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

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

19 by each element of the intelligence community. 

20 SEC. 710. REPORT ON INTELLIGENCE COMMUNITY RE21 SEARCH AND DEVELOPMENT CORPS. 

22 Not later than 120 days after the date of the enact23 ment of this Act, the Director of National Intelligence 

24 shall submit to the congressional intelligence committees 

25 a report and a briefing on a plan, with milestones and 


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1 benchmarks, to implement an Intelligence Community Re2 search and Development Corps, as recommended in the 

3 Report of the National Commission for the Review of the 

4 Research and Development Programs of the United States 

5 Intelligence Community, including an assessment— 

6 (1) of the funding and modification to existing 

7 authorities needed to allow for the implementation of 

8 such Corps; and 

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

10 necessary to undertake such implementation. 

11 SEC. 711. REPORT ON INFORMATION RELATING TO ACA12 DEMIC PROGRAMS, SCHOLARSHIPS, FELLOW13 SHIPS, AND INTERNSHIPS SPONSORED, AD14 MINISTERED, OR USED BY THE INTEL15 LIGENCE COMMUNITY. 

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

17 of the enactment of this Act, the Director of National In18 telligence shall submit to the congressional intelligence 

19 committees a report by the intelligence community regard20 ing covered academic programs. Such report shall in21 clude— 

22 (1) a description of the extent to which the Di23 rector and the heads of the elements of the intel24 ligence community independently collect information 


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1 on covered academic programs, including with re2 spect to— 

3 (A) the number of applicants for such pro4 grams; 

5 (B) the number of individuals who have 

6 participated in such programs; and 

7 (C) the number of individuals who have 

8 participated in such programs and were hired 

9 by an element of the intelligence community 

10 after completing such program; 

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

12 heads independently collect the information de13 scribed in paragraph (1), a chart, table, or other 

14 compilation illustrating such information for each 

15 covered academic program and element of the intel16 ligence community, as appropriate, during the three17 year period preceding the date of the report; and 

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

19 heads do not independently collect the information 

20 described in paragraph (1) as of the date of the re21 port— 

22 (A) whether the Director and the heads 

23 can begin collecting such information during 

24 fiscal year 2017; and 


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1 (B) the personnel, tools, and other re2 sources required by the Director and the heads 

3 to independently collect such information. 

4 (b) COVERED ACADEMIC PROGRAMS DEFINED.—In 

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

6 means— 

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

8 Program under section 302 of the Cybersecurity En9 hancement Act of 2014 (15 U.S.C. 7442); 

10 (2) the National Security Education Program 

11 under the David L. Boren National Security Edu12 cation Act of 1991 (50 U.S.C. 1901 et seq.); 

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

14 Transformation Defense Education Program under 

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

16 (4) the National Centers of Academic Excel17 lence in Information Assurance and Cyber Defense 

18 of the National Security Agency and the Depart19 ment of Homeland Security; and 

20 (5) any other academic program, scholarship 

21 program, fellowship program, or internship program 

22 sponsored, administered, or used by an element of 

23 the intelligence community. 


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1 SEC. 712. REPORT ON INTELLIGENCE COMMUNITY EM2 PLOYEES DETAILED TO NATIONAL SECURITY 

3 COUNCIL. 

4 Not later than 60 days after the date of the enact5 ment of this Act, the Director of National Intelligence 

6 shall submit to the congressional intelligence committees 

7 a report listing, by year, the number of employees of an 

8 element of the intelligence community who have been de9 tailed to the National Security Council during the 10-year 

10 period preceding the date of the report. 

11 SEC. 713. INTELLIGENCE COMMUNITY REPORTING TO CON12 GRESS ON FOREIGN FIGHTER FLOWS. 

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

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

15 days thereafter, the Director of National Intelligence, con16 sistent with the protection of intelligence sources and 

17 methods, shall submit to the appropriate congressional 

18 committees a report on foreign fighter flows to and from 

19 terrorist safe havens abroad. 

20 (b) CONTENTS.—Each report submitted under sub21 section (a) shall include, with respect to each terrorist safe 

22 haven, the following: 

23 (1) The total number of foreign fighters who 

24 have traveled or are suspected of having traveled to 

25 the terrorist safe haven since 2011, including the 

26 countries of origin of such foreign fighters. 


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1 (2) The total number of United States citizens 

2 present in the terrorist safe haven. 

3 (3) The total number of foreign fighters who 

4 have left the terrorist safe haven or whose where5 abouts are unknown. 

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

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

8 is submitted in classified form, such report shall also in9 clude an unclassified summary. 

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

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

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

13 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE14 FINED.—In this section, the term ‘‘appropriate congres15 sional committees’’ means— 

16 (1) in the Senate— 

17 (A) the Committee on Armed Services; 

18 (B) the Select Committee on Intelligence; 

19 (C) the Committee on the Judiciary; 

20 (D) the Committee on Homeland Security 

21 and Governmental Affairs; 

22 (E) the Committee on Banking, Housing, 

23 and Urban Affairs; 

24 (F) the Committee on Foreign Relations; 

25 and 


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1 (G) the Committee on Appropriations; and 

2 (2) in the House of Representatives— 

3 (A) the Committee on Armed Services; 

4 (B) the Permanent Select Committee on 

5 Intelligence; 

6 (C) the Committee on the Judiciary; 

7 (D) the Committee on Homeland Security; 

8 (E) the Committee on Financial Services; 

9 (F) the Committee on Foreign Affairs; and 

10 (G) the Committee on Appropriations. 

11 SEC. 714. REPORT ON CYBERSECURITY THREATS TO SEA12 PORTS OF THE UNITED STATES AND MARI13 TIME SHIPPING. 

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

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

16 Homeland Security for Intelligence and Analysis, in con17 sultation with the Director of National Intelligence, and 

18 consistent with the protection of sources and methods, 

19 shall submit to the appropriate congressional committees 

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

21 vulnerabilities within, the software, communications net22 works, computer networks, or other systems employed 

23 by— 

24 (1) entities conducting significant operations at 

25 seaports in the United States; 


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1 (2) the maritime shipping concerns of the 

2 United States; and 

3 (3) entities conducting significant operations at 

4 transshipment points in the United States. 

5 (b) MATTERS INCLUDED.—The report under sub6 section (a) shall include the following: 

7 (1) A description of any recent and significant 

8 cyberattacks or cybersecurity threats directed 

9 against software, communications networks, com10 puter networks, or other systems employed by the 

11 entities and concerns described in paragraphs (1) 

12 through (3) of subsection (a). 

13 (2) An assessment of— 

14 (A) any planned cyberattacks directed 

15 against such software, networks, and systems; 

16 (B) any significant vulnerabilities to such 

17 software, networks, and systems; and 

18 (C) how such entities and concerns are 

19 mitigating such vulnerabilities. 

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

21 the Coast Guard to include cybersecurity concerns in 

22 the National Response Framework, Emergency Sup23 port Functions, or both, relating to the shipping or 

24 ports of the United States. 


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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 of the Senate and the Com8 mittee on Homeland Security of the House of Rep9 resentatives. 

10 SEC. 715. REPORT ON COUNTER-MESSAGING ACTIVITIES. 

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

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

13 Homeland Security for Intelligence and Analysis, con14 sistent with the protection of sources and methods, shall 

15 submit to the appropriate congressional committees a re16 port on the counter-messaging activities of the Depart17 ment of Homeland Security with respect to the Islamic 

18 State and other extremist groups. 

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

20 shall include the following: 

21 (1) A description of whether, and to what ex22 tent, the Secretary of Homeland Security, in con23 ducting counter-messaging activities with respect to 

24 the Islamic State and other extremist groups, 

25 consults or coordinates with the Secretary of State, 


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1 regarding the counter-messaging activities under2 taken by the Department of State with respect to 

3 the Islamic State and other extremist groups, includ4 ing counter-messaging activities conducted by the 

5 Global Engagement Center of the Department of 

6 State. 

7 (2) Any criteria employed by the Secretary of 

8 Homeland Security for selecting, developing, promul9 gating, or changing the counter-messaging approach 

10 of the Department of Homeland Security, including 

11 any counter-messaging narratives, with respect to 

12 the Islamic State and other extremist groups. 

13 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE14 FINED.—In this section, the term ‘‘appropriate congres15 sional committees’’ means— 

16 (1) the congressional intelligence committees; 

17 and 

18 (2) the Committee on Homeland Security and 

19 Governmental Affairs of the Senate and the Com20 mittee on Homeland Security of the House of Rep21 resentatives. 

22 SEC. 716. REPORT ON REPRISALS AGAINST CONTRACTORS 

23 OF THE INTELLIGENCE COMMUNITY. 

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

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


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1 Intelligence Community, consistent with the protection of 

2 sources and methods, shall submit to the congressional in3 telligence committees a report on reprisals made against 

4 covered contractor employees. 

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

6 shall include the following: 

7 (1) Identification of the number of known or 

8 claimed reprisals made against covered contractor 

9 employees during the 3-year period preceding the 

10 date of the report and any evaluation of such repris11 als. 

12 (2) An evaluation of the usefulness of estab13 lishing a prohibition on reprisals against covered 

14 contractor employees as a means of encouraging 

15 such contractors to make protected disclosures. 

16 (3) A description of any challenges associated 

17 with establishing such a prohibition, including with 

18 respect to the nature of the relationship between the 

19 Federal Government, the contractor, and the covered 

20 contractor employee. 

21 (4) A description of any approaches taken by 

22 the Federal Government to account for reprisals 

23 against non-intelligence community contractors who 

24 make protected disclosures, including pursuant to 

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


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1 sections 4705 and 4712 of title 41, United States 

2 Code. 

3 (5) Any recommendations the Inspector General 

4 determines appropriate. 

5 (c) DEFINITIONS.—In this section: 

6 (1) COVERED CONTRACTOR EMPLOYEE.—The 

7 term ‘‘covered contractor employee’’ means an em8 ployee of a contractor of an element of the intel9 ligence community. 

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

11 discharge or other adverse personnel action made 

12 against a covered contractor employee for making a 

13 disclosure of information that would be a disclosure 

14 protected by law if the contractor were an employee 

15 of the Federal Government. 

Passed the House of Representatives November 30, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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