IIB 

114TH CONGRESS 

2D SESSION H. R. 5077 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2016 

Received; read twice and referred to the Select Committee on Intelligence 

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 PROVISIONS 

Sec. 301. Increase in employee compensation and benefits authorized by law. 

Sec. 302. Restriction on conduct of intelligence activities. 

Sec. 303. Authorization of appropriations for Privacy and Civil Liberties Oversight Board. 

Sec. 304. Modification of certain whistleblowing procedures. 

Sec. 305. Reports on major defense intelligence acquisition programs. 

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

Sec. 307. Information on activities of Privacy and Civil Liberties Oversight 

Board. 

Sec. 308. Clarification of authorization of certain activities of the Department 

of Energy. 

Sec. 309. Technical correction to Executive Schedule. 

Sec. 310. 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. Analyses and impact statements by Director of National Intelligence 

regarding actions by Committee on Foreign Investment in the 

United States. 

Sec. 402. National Counterintelligence and Security Center. 

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

Subtitle B—Central Intelligence Agency and Other Elements 

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

Agency. 


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

Sec. 413. Clarification of authority, direction, and control over the information 

assurance directorate of the National Security Agency. 

Sec. 414. Living quarters allowance for employees of the Defense Intelligence 

Agency. 

Sec. 415. Plan on assumption of certain weather missions by the National Reconnaissance Office. 

Sec. 416. Modernization of security clearance information technology architecture. 

TITLE V—MATTERS RELATING TO UNITED STATES NAVAL 

STATION, GUANTANAMO BAY, CUBA 

Sec. 501. Declassification of information on past terrorist activities of detainees 

transferred from United States Naval Station, Guantanamo 

Bay, Cuba, after signing of Executive Order No. 13492. 

TITLE VI—REPORTS AND OTHER MATTERS 

Sec. 601. Report on intelligence community employees detailed to National Security Council. 

Sec. 602. Intelligence community reporting to Congress on foreign fighter 

flows. 

Sec. 603. Report on information relating to academic programs, scholarships, 

fellowships, and internships sponsored, administered, or used 

by the intelligence community. 

Sec. 604. Report on cybersecurity threats to seaports of the United States and 

maritime shipping. 

Sec. 605. Report on counter-messaging activities. 

Sec. 606. Report on reprisals against contractors of the intelligence community. 

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 


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

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

3 TITLE I—INTELLIGENCE 

4 ACTIVITIES 

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2017 for the conduct of the intelligence and 

8 intelligence-related activities of the following elements of 

9 the United States Government: 

10 (1) The Office of the Director of National Intel11 ligence. 

12 (2) The Central Intelligence Agency. 

13 (3) The Department of Defense. 

14 (4) The Defense Intelligence Agency. 

15 (5) The National Security Agency. 

16 (6) The Department of the Army, the Depart17 ment of the Navy, and the Department of the Air 

18 Force. 

19 (7) The Coast Guard. 

20 (8) The Department of State. 

21 (9) The Department of the Treasury. 

22 (10) The Department of Energy. 

23 (11) The Department of Justice. 

24 (12) The Federal Bureau of Investigation. 

25 (13) The Drug Enforcement Administration. 


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1 (14) The National Reconnaissance Office. 

2 (15) The National Geospatial-Intelligence Agen3 cy. 

4 (16) The Department of Homeland Security. 

5 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

6 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

7 LEVELS.—The amounts authorized to be appropriated 

8 under section 101 and, subject to section 103, the author9 ized personnel ceilings as of September 30, 2017, for the 

10 conduct of the intelligence activities of the elements listed 

11 in paragraphs (1) through (16) of section 101, are those 

12 specified in the classified Schedule of Authorizations pre13 pared to accompany this Act. 

14 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU15 THORIZATIONS.— 

16 (1) AVAILABILITY.—The classified Schedule of 

17 Authorizations referred to in subsection (a) shall be 

18 made available to the Committee on Appropriations 

19 of the Senate, the Committee on Appropriations of 

20 the House of Representatives, and to the President. 

21 (2) DISTRIBUTION BY THE PRESIDENT.—Sub22 ject to paragraph (3), the President shall provide for 

23 suitable distribution of the classified Schedule of Au24 thorizations, or of appropriate portions of the Sched25 ule, within the executive branch. 


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1 (3) LIMITS ON DISCLOSURE.—The President 

2 shall not publicly disclose the classified Schedule of 

3 Authorizations or any portion of such Schedule ex4 cept— 

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

6 Implementing Recommendations of the 9/11 

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

8 (B) to the extent necessary to implement 

9 the budget; or 

10 (C) as otherwise required by law. 

11 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

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

13 National Intelligence may authorize employment of civil14 ian personnel in excess of the number authorized for fiscal 

15 year 2017 by the classified Schedule of Authorizations re16 ferred to in section 102(a) if the Director of National In17 telligence determines that such action is necessary to the 

18 performance of important intelligence functions, except 

19 that the number of personnel employed in excess of the 

20 number authorized under such section may not, for any 

21 element of the intelligence community, exceed 3 percent 

22 of the number of civilian personnel authorized under such 

23 schedule for such element. 

24 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di25 rector of National Intelligence shall establish guidelines 


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1 that govern, for each element of the intelligence commu2 nity, the treatment under the personnel levels authorized 

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

4 personnel levels, of employment or assignment in— 

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

6 similar program; 

7 (2) a reserve corps or as a reemployed annu8 itant; or 

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

10 training. 

11 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

12 COMMITTEES.—The Director of National Intelligence 

13 shall notify the congressional intelligence committees in 

14 writing at least 15 days prior to each exercise of an au15 thority described in subsection (a). 

16 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC17 COUNT. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated for the Intelligence Commu20 nity Management Account of the Director of National In21 telligence for fiscal year 2017 the sum of $518,596,000. 

22 Within such amount, funds identified in the classified 

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

24 for advanced research and development shall remain avail25 able until September 30, 2018. 


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1 (b) AUTHORIZED PERSONNEL LEVELS.—The ele2 ments within the Intelligence Community Management 

3 Account of the Director of National Intelligence are au4 thorized 787 positions as of September 30, 2017. Per5 sonnel serving in such elements may be permanent em6 ployees of the Office of the Director of National Intel7 ligence or personnel detailed from other elements of the 

8 United States Government. 

9 (c) CLASSIFIED AUTHORIZATIONS.— 

10 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

11 addition to amounts authorized to be appropriated 

12 for the Intelligence Community Management Ac13 count by subsection (a), there are authorized to be 

14 appropriated for the Community Management Ac15 count for fiscal year 2017 such additional amounts 

16 as are specified in the classified Schedule of Author17 izations referred to in section 102(a). Such addi18 tional amounts for advanced research and develop19 ment shall remain available until September 30, 

20 2018. 

21 (2) AUTHORIZATION OF PERSONNEL.—In addi22 tion to the personnel authorized by subsection (b) 

23 for elements of the Intelligence Community Manage24 ment Account as of September 30, 2017, there are 

25 authorized such additional personnel for the ComVerDate Sep 11 2014 23:17 May 25, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5077.RFS H5077

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1 munity Management Account as of that date as are 

2 specified in the classified Schedule of Authorizations 

3 referred to in section 102(a). 

4 TITLE II—CENTRAL INTEL5 LIGENCE AGENCY RETIRE6 MENT AND DISABILITY SYS7 TEM 

8 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

9 There is authorized to be appropriated for the Cen10 tral Intelligence Agency Retirement and Disability Fund 

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

12 TITLE III—GENERAL 

13 PROVISIONS 

14 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

15 BENEFITS AUTHORIZED BY LAW. 

16 Appropriations authorized by this Act for salary, pay, 

17 retirement, and other benefits for Federal employees may 

18 be increased by such additional or supplemental amounts 

19 as may be necessary for increases in such compensation 

20 or benefits authorized by law. 

21 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

22 ACTIVITIES. 

23 The authorization of appropriations by this Act shall 

24 not be deemed to constitute authority for the conduct of 


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1 any intelligence activity which is not otherwise authorized 

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

3 SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR PRI4 VACY AND CIVIL LIBERTIES OVERSIGHT 

5 BOARD. 

6 (a) REQUIREMENT FOR AUTHORIZATIONS.—Sub7 section (m) of section 1061 of the Intelligence Reform and 

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

9 is amended to read as follows: 

10 ‘‘(m) FUNDING.— 

11 ‘‘(1) SPECIFIC AUTHORIZATION REQUIRED.— 

12 Appropriated funds available to the Board may be 

13 obligated or expended to carry out activities under 

14 this section only if such funds were specifically au15 thorized by Congress for use for such activities for 

16 such fiscal year. 

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

18 ‘specifically authorized by Congress’ has the mean19 ing given that term in section 504(e) of the National 

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

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Privacy and Civil Lib23 erties Oversight Board for fiscal year 2017 the sum of 

24 $10,081,000 to carry out the activities of the Board under 


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1 section 1061 of the Intelligence Reform and Terrorism 

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

3 SEC. 304. MODIFICATION OF CERTAIN WHISTLEBLOWING 

4 PROCEDURES. 

5 (a) CLARIFICATION OF WHISTLEBLOWING PROCE6 DURES AVAILABLE TO CERTAIN PERSONNEL.—Sub7 section (a)(1)(A) of section 8H of the Inspector General 

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

9 ‘‘Security Agency,’’ the following: ‘‘including any such em10 ployee who is assigned or detailed to a combatant com11 mand or other element of the Federal Government,’’. 

12 (b) CENTRAL INTELLIGENCE AGENCY.— 

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

14 the Central Intelligence Agency Act of 1949 (50 

15 U.S.C. 3517(d)(5)) is amended— 

16 (A) in subparagraph (B)— 

17 (i) by striking clause (ii); 

18 (ii) by striking ‘‘(i) Not’’ and insert19 ing ‘‘Not’’; and 

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

21 inserting ‘‘to the intelligence committees’’; 

22 and 

23 (B) in subparagraph (D)— 


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1 (i) in clause (i), by striking ‘‘the Di2 rector’’ and inserting ‘‘the intelligence 

3 committees’’; and 

4 (ii) in clause (ii)— 

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

6 ‘‘the Director, through the Inspector 

7 General,’’ and inserting ‘‘the Inspec8 tor General’’; and 

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

10 ‘‘the Director, through the Inspector 

11 General,’’ and inserting ‘‘the Inspec12 tor General, in consultation with the 

13 Director,’’. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) Section 17(d)(5) of such Act is further 

16 amended— 

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

18 (ii) by redesignating subparagraphs 

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

20 through (G), respectively. 

21 (B) Section 3001(j)(1)(C)(ii) of the Intel22 ligence Reform and Terrorism Prevention Act 

23 of 2004 (50 U.S.C. 3341(j)(1)(C)(ii)) is amend24 ed by striking ‘‘subparagraphs (A), (D), and 


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1 (H)’’ and inserting ‘‘subparagraphs (A), (C), 

2 and (G)’’. 

3 (c) OTHER ELEMENTS OF INTELLIGENCE COMMU4 NITY.— 

5 (1) ROLE OF HEADS.—Section 8H of the In6 spector General Act of 1978 (5 U.S.C. App.) is 

7 amended— 

8 (A) in subsection (b)— 

9 (i) by striking paragraph (2); 

10 (ii) by striking ‘‘(1) Not’’ and insert11 ing ‘‘Not’’; and 

12 (iii) by striking ‘‘to the head of the es13 tablishment’’ and inserting ‘‘to the intel14 ligence committees’’; and 

15 (B) in subsection (d)— 

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

17 head of the establishment’’ and inserting 

18 ‘‘the intelligence committees’’; and 

19 (ii) in paragraph (2)— 

20 (I) in subparagraph (A), by strik21 ing ‘‘the head of the establishment, 

22 through the Inspector General,’’ and 

23 inserting ‘‘the Inspector General’’; 

24 and 


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1 (II) in subparagraph (B), by 

2 striking ‘‘the head of the establish3 ment, through the Inspector General,’’ 

4 and inserting ‘‘the Inspector General, 

5 in consultation with the head of the 

6 establishment,’’. 

7 (2) CONFORMING AMENDMENTS.—Section 8H 

8 of such Act is further amended— 

9 (A) by striking subsection (c); 

10 (B) by redesignating subsections (d) 

11 through (i) as subsections (c) through (h), re12 spectively; and 

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

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

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

16 (d) OFFICE OF THE DIRECTOR OF NATIONAL INTEL17 LIGENCE.— 

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

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

20 3033(k)(5)) is amended— 

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

22 the Director’’ and inserting ‘‘to the congres23 sional intelligence committees’’; and 

24 (B) in subparagraph (D)— 


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1 (i) in clause (i), by striking ‘‘the Di2 rector’’ and inserting ‘‘the congressional 

3 intelligence committees’’; and 

4 (ii) in clause (ii)— 

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

6 ‘‘the Director, through the Inspector 

7 General,’’ and inserting ‘‘the Inspec8 tor General’’; and 

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

10 ‘‘the Director, through the Inspector 

11 General,’’ and inserting ‘‘the Inspec12 tor General, in consultation with the 

13 Director,’’. 

14 (2) CONFORMING AMENDMENTS.—Section 

15 103H(k)(5) of such Act is further amended— 

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

17 (B) by redesignating subparagraphs (D) 

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

19 respectively. 

20 (e) RULE OF CONSTRUCTION.—None of the amend21 ments made by this section may be construed to prohibit 

22 or otherwise affect the authority of an Inspector General 

23 of an element of the intelligence community, the Inspector 

24 General of the Central Intelligence Agency, or the Inspec25 tor General of the Intelligence Community to notify the 


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1 head of the element of the intelligence community, the Di2 rector of the Central Intelligence Agency, or the Director 

3 of National Intelligence, as the case may be, of a com4 plaint or information otherwise authorized by law. 

5 SEC. 305. REPORTS ON MAJOR DEFENSE INTELLIGENCE 

6 ACQUISITION PROGRAMS. 

7 (a) IN GENERAL.—The National Security Act of 

8 1947 (50 U.S.C. 3001 et seq.) is amended by inserting 

9 after section 506J the following new section: 

10 ‘‘SEC. 506K. REPORTS ON MAJOR DEFENSE INTELLIGENCE 

11 ACQUISITION PROGRAMS AT EACH MILE12 STONE APPROVAL. 

13 ‘‘(a) REPORT ON MILESTONE A.—Not later than 15 

14 days after granting Milestone A or equivalent approval for 

15 a major defense intelligence acquisition program, the mile16 stone decision authority for the program shall submit to 

17 the appropriate congressional committees a report con18 taining a brief summary of the following: 

19 ‘‘(1) The estimated cost and schedule for the 

20 program established by the military department con21 cerned, including— 

22 ‘‘(A) the dollar values estimated for the 

23 program acquisition unit cost and total life24 cycle cost; and 


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1 ‘‘(B) the planned dates for each program 

2 milestone and initial operational capability. 

3 ‘‘(2) The independent estimated cost for the 

4 program established pursuant to section 2334(a)(6) 

5 of title 10, United States Code, and any independent 

6 estimated schedule for the program, including— 

7 ‘‘(A) the dollar values estimated for the 

8 program acquisition unit cost and total life9 cycle cost; and 

10 ‘‘(B) the planned dates for each program 

11 milestone and initial operational capability. 

12 ‘‘(3) A summary of the technical risks, includ13 ing cybersecurity risks and supply chain risks, asso14 ciated with the program, as determined by the mili15 tary department concerned, including identification 

16 of any critical technologies that need to be matured. 

17 ‘‘(4) A summary of the sufficiency review con18 ducted by the Director of Cost Assessment and Pro19 gram Evaluation of the Department of Defense of 

20 the analysis of alternatives performed for the pro21 gram (as referred to in section 2366a(b)(6) of such 

22 title). 

23 ‘‘(5) Any other information the milestone deci24 sion authority considers relevant. 


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1 ‘‘(b) REPORT ON MILESTONE B.—Not later than 15 

2 days after granting Milestone B or equivalent approval for 

3 a major defense intelligence acquisition program, the mile4 stone decision authority for the program shall submit to 

5 the appropriate congressional committees a report con6 taining a brief summary of the following: 

7 ‘‘(1) The estimated cost and schedule for the 

8 program established by the military department con9 cerned, including— 

10 ‘‘(A) the dollar values estimated for the 

11 program acquisition unit cost, average procure12 ment unit cost, and total life-cycle cost; and 

13 ‘‘(B) the planned dates for each program 

14 milestone, initial operational test and evalua15 tion, and initial operational capability. 

16 ‘‘(2) The independent estimated cost for the 

17 program established pursuant to section 2334(a)(6) 

18 of title 10, United States Code, and any independent 

19 estimated schedule for the program, including— 

20 ‘‘(A) the dollar values estimated for the 

21 program acquisition unit cost, average procure22 ment unit cost, and total life-cycle cost; and 

23 ‘‘(B) the planned dates for each program 

24 milestone, initial operational test and evalua25 tion, and initial operational capability. 


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1 ‘‘(3) A summary of the technical risks, includ2 ing cybersecurity risks and supply chain risks, asso3 ciated with the program, as determined by the mili4 tary department concerned, including identification 

5 of any critical technologies that have not been suc6 cessfully demonstrated in a relevant environment. 

7 ‘‘(4) A summary of the sufficiency review con8 ducted by the Director of Cost Assessment and Pro9 gram Evaluation of the analysis of alternatives per10 formed for the program pursuant to section 

11 2366a(b)(6) of such title. 

12 ‘‘(5) A statement of whether the preliminary 

13 design review for the program described in section 

14 2366b(a)(1) of such title has been completed. 

15 ‘‘(6) Any other information the milestone deci16 sion authority considers relevant. 

17 ‘‘(c) REPORT ON MILESTONE C.—Not later than 15 

18 days after granting Milestone C or equivalent approval for 

19 a major defense intelligence acquisition program, the mile20 stone decision authority for the program shall submit to 

21 the appropriate congressional committees a report con22 taining a brief summary of the following: 

23 ‘‘(1) The estimated cost and schedule for the 

24 program established by the military department con25 cerned, including— 


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1 ‘‘(A) the dollar values estimated for the 

2 program acquisition unit cost, average procure3 ment unit cost, and total life-cycle cost; and 

4 ‘‘(B) the planned dates for initial oper5 ational test and evaluation and initial oper6 ational capability. 

7 ‘‘(2) The independent estimated cost for the 

8 program established pursuant to section 2334(a)(6) 

9 of title 10, United States Code, and any independent 

10 estimated schedule for the program, including— 

11 ‘‘(A) the dollar values estimated for the 

12 program acquisition unit cost, average procure13 ment unit cost, and total life-cycle cost; and 

14 ‘‘(B) the planned dates for initial oper15 ational test and evaluation and initial oper16 ational capability. 

17 ‘‘(3) The cost and schedule estimates approved 

18 by the milestone decision authority for the program. 

19 ‘‘(4) A summary of the production, manufac20 turing, and fielding risks, including cybersecurity 

21 risks and supply chain risks, associated with the 

22 program. 

23 ‘‘(5) Any other information the milestone deci24 sion authority considers relevant. 


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1 ‘‘(d) INITIAL OPERATING CAPABILITY OR FULL OP2 ERATING CAPABILITY.—Not later than 15 days after a 

3 major defense intelligence acquisition program reaches ini4 tial operating capability or full operating capability, the 

5 milestone decision authority for the program shall notify 

6 the appropriate congressional committees of the program 

7 reaching such capability. 

8 ‘‘(e) ADDITIONAL INFORMATION.—At the request of 

9 any of the appropriate congressional committees, the mile10 stone decision authority shall submit to the appropriate 

11 congressional committees further information or under12 lying documentation for the information in a report sub13 mitted under subsection (a), (b), or (c), including the inde14 pendent cost and schedule estimates and the independent 

15 technical risk assessments referred to in those subsections. 

16 ‘‘(f) NONDUPLICATION OF EFFORT.—If any informa17 tion required under this section has been included in an18 other report or assessment previously submitted to the 

19 congressional intelligence committees under sections 

20 506A, 506C, or 506E, the milestone decision authority 

21 may provide a list of such reports and assessments at the 

22 time of submitting a report required under this section 

23 instead of including such information in such report. 

24 ‘‘(g) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘appropriate congressional com2 mittees’ means the congressional intelligence com3 mittees and the congressional defense committees 

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

5 States Code). 

6 ‘‘(2) The term ‘major defense intelligence acqui7 sition program’ means a major defense acquisition 

8 program (as defined in section 2430 of title 10, 

9 United States Code) that relates to intelligence or 

10 intelligence-related activities. 

11 ‘‘(3) The term ‘Milestone A approval’ has the 

12 meaning given that term in section 2366a(d) of title 

13 10, United States Code. 

14 ‘‘(4) The terms ‘Milestone B approval’ and 

15 ‘Milestone C approval’ have the meaning given those 

16 terms in section 2366(e) of such title. 

17 ‘‘(5) The term ‘milestone decision authority’ 

18 has the meaning given that term in section 2366a(d) 

19 of such title.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in the first section of the National Security Act of 1947 

22 is amended by inserting after the item relating to section 

23 506J the following new item: 

‘‘Sec. 506K. Reports on major defense intelligence acquisition programs at each 

milestone approval.’’. 


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1 SEC. 306. MODIFICATIONS TO CERTAIN REQUIREMENTS 

2 FOR CONSTRUCTION OF FACILITIES. 

3 (a) INCLUSION IN BUDGET REQUESTS OF CERTAIN

4 PROJECTS.—Section 8131 of the Department of Defense 

5 Appropriations Act, 1995 (Public Law 103–335; 50 

6 U.S.C. 3303) is repealed. 

7 (b) NOTIFICATION.—Section 602(a)(2) of the Intel8 ligence Authorization Act for Fiscal Year 1995 (Public 

9 Law 103–359; 50 U.S.C. 3304(a)(2)) is amended by strik10 ing ‘‘improvement project to’’ and inserting ‘‘project for 

11 the improvement, repair, or modification of’’. 

12 SEC. 307. INFORMATION ON ACTIVITIES OF PRIVACY AND 

13 CIVIL LIBERTIES OVERSIGHT BOARD. 

14 Section 1061(d) of the Intelligence Reform and Ter15 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(d)) is 

16 further amended by adding at the end the following new 

17 paragraph: 

18 ‘‘(5) INFORMATION.— 

19 ‘‘(A) ACTIVITIES.—In addition to the re20 ports submitted to Congress under subsection 

21 (e)(1)(B), the Board shall ensure that each offi22 cial and congressional committee specified in 

23 subparagraph (B) is kept fully and currently in24 formed of the activities of the Board, including 

25 any significant anticipated activities. 


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1 ‘‘(B) OFFICIALS AND CONGRESSIONAL

2 COMMITTEES SPECIFIED.—The officials and 

3 congressional committees specified in this sub4 paragraph are the following: 

5 ‘‘(i) The Director of National Intel6 ligence. 

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

8 intelligence community (as defined in sec9 tion 3(4) of the National Security Act of 

10 1947 (50 U.S.C. 3003(4)) the activities of 

11 which are, or are anticipated to be, the 

12 subject of the review or advice of the 

13 Board. 

14 ‘‘(iii) The Permanent Select Com15 mittee on Intelligence of the House of Rep16 resentatives and the Select Committee on 

17 Intelligence of the Senate.’’. 

18 SEC. 308. CLARIFICATION OF AUTHORIZATION OF CERTAIN 

19 ACTIVITIES OF THE DEPARTMENT OF EN20 ERGY. 

21 Funds appropriated for fiscal year 2016 for intel22 ligence and intelligence-related activities of the Depart23 ment of Energy shall be deemed to be authorized to be 

24 appropriated for such activities, including for purposes of 


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1 section 504 of the National Security Act of 1947 (50 

2 U.S.C. 3094). 

3 SEC. 309. TECHNICAL CORRECTION TO EXECUTIVE SCHED4 ULE. 

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

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

7 National Counter Proliferation Center.’’. 

8 SEC. 310. MAXIMUM AMOUNT CHARGED FOR DECLAS9 SIFICATION REVIEWS. 

10 In reviewing and processing a request by a person 

11 for the mandatory declassification of information pursuant 

12 to Executive Order No. 13526, a successor Executive 

13 order, or any other provision of law, the head of an ele14 ment of the intelligence community— 

15 (1) may not charge the person reproduction 

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

17 would charge the person for reproduction required in 

18 the course of processing a request for information 

19 under section 552 of title 5, United States Code 

20 (commonly referred to as the ‘‘Freedom of Informa21 tion Act’’); and 

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

23 the same manner as the head waives or reduces fees 

24 under such section 552. 


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1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director 

5 of National Intelligence 

6 SEC. 401. ANALYSES AND IMPACT STATEMENTS BY DIREC7 TOR OF NATIONAL INTELLIGENCE REGARD8 ING ACTIONS BY COMMITTEE ON FOREIGN 

9 INVESTMENT IN THE UNITED STATES. 

10 Section 721(b)(4) of the Defense Production Act of 

11 1950 (50 U.S.C. 4565) is amended by adding at the end 

12 the following new subparagraphs: 

13 ‘‘(E) SUBMISSION TO CONGRESSIONAL IN14 TELLIGENCE COMMITTEES.—Not later than 5 

15 days after the completion of a review or an in16 vestigation of a covered transaction under this 

17 subsection that concludes action under this sec18 tion, the Director shall submit to the Perma19 nent Select Committee on Intelligence of the 

20 House of Representatives and the Select Com21 mittee on Intelligence of the Senate an analysis 

22 under subparagraph (A) relating to such cov23 ered transaction previously provided to the 

24 Committee, including any supplements or 


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1 amendments to such analysis made by the Di2 rector. 

3 ‘‘(F) IMPACT STATEMENTS.—Not later 

4 than 60 days after the completion of a review 

5 or an investigation of a covered transaction 

6 under this subsection that concludes action 

7 under this section, the Director shall determine 

8 whether the covered transaction will have an 

9 operational impact on the intelligence commu10 nity, and, if so, shall submit a report on such 

11 impact to the Permanent Select Committee on 

12 Intelligence of the House of Representatives 

13 and the Select Committee on Intelligence of the 

14 Senate. Each such report shall— 

15 ‘‘(i) describe the operational impact of 

16 the covered transaction on the intelligence 

17 community; and 

18 ‘‘(ii) describe any actions that have 

19 been or will be taken to mitigate such im20 pact.’’. 

21 SEC. 402. NATIONAL COUNTERINTELLIGENCE AND SECU22 RITY CENTER. 

23 (a) REDESIGNATION OF OFFICE OF NATIONAL

24 COUNTERINTELLIGENCE EXECUTIVE.—Section 904 of the 


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1 Counterintelligence Enhancement Act of 2002 (50 U.S.C. 

2 3383) is amended— 

3 (1) by striking ‘‘Office of the National Counter4 intelligence Executive’’ each place it appears (includ5 ing in the section heading) and inserting ‘‘National 

6 Counterintelligence and Security Center’’; 

7 (2) by striking ‘‘National Counterintelligence 

8 Executive’’ each place it appears and inserting ‘‘Di9 rector of the National Counterintelligence and Secu10 rity Center’’; 

11 (3) in the headings of subsections (b) and (c), 

12 by striking ‘‘of Office’’ both places it appears and 

13 inserting ‘‘Center’’; 

14 (4) in subsection (d)— 

15 (A) in paragraph (5)(C), by striking ‘‘by 

16 the Office’’ and inserting ‘‘by the Center’’; and 

17 (B) in paragraph (6), by striking ‘‘that the 

18 Office’’ and inserting ‘‘that the Center’’; 

19 (5) in subsection (f)(1), by striking ‘‘by the Of20 fice’’ and inserting ‘‘by the Center’’; 

21 (6) in subsection (g), by striking ‘‘of the Of22 fice’’ and inserting ‘‘of the Center’’; and 

23 (7) in subsection (h), by striking ‘‘of the Of24 fice’’ each place it appears and inserting ‘‘of the 

25 Center’’. 


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1 (b) REDESIGNATION OF NATIONAL COUNTERINTEL2 LIGENCE EXECUTIVE.—Section 902 of such Act (50 

3 U.S.C. 3382) is amended— 

4 (1) by striking subsection (a) and inserting the 

5 following new subsection: 

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

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

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

10 consent of the Senate.’’; 

11 (2) by striking ‘‘National Counterintelligence 

12 Executive’’ each place it appears (including the sec13 tion heading) and inserting ‘‘Director of the Na14 tional Counterintelligence and Security Center’’; and 

15 (3) by striking ‘‘Office of the National Counter16 intelligence Executive’’ each place it appears and in17 serting ‘‘National Counterintelligence and Security 

18 Center’’. 

19 (c) CONFORMING AMENDMENTS.— 

20 (1) NATIONAL SECURITY ACT OF 1947.—The 

21 National Security Act of 1947 (50 U.S.C. 3001 et 

22 seq.) is amended— 

23 (A) in section 102A(f)(2), by inserting 

24 after ‘‘Counterterrorism Center’’ the following: 

25 ‘‘, the National Counterproliferation Center, 


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1 and the National Counterintelligence and Secu2 rity Center,’’; 

3 (B) in section 103(c)(8), by striking ‘‘Na4 tional Counterintelligence Executive (including 

5 the Office of the National Counterintelligence 

6 Executive)’’ and inserting ‘‘Director of the Na7 tional Counterintelligence and Security Center’’; 

8 and 

9 (C) in section 103F, by striking ‘‘National 

10 Counterintelligence Executive’’ each place it ap11 pears (including in the headings) and inserting 

12 ‘‘Director of the National Counterintelligence 

13 and Security Center’’. 

14 (2) INTELLIGENCE AUTHORIZATION ACT FOR

15 FISCAL YEAR 1995.—Section 811 of the Counterintel16 ligence and Security Enhancements Act of 1994 

17 (title VIII of Public Law 103–359; 50 U.S.C. 3381) 

18 is amended— 

19 (A) in subsections (b) and (c)(1), by strik20 ing ‘‘The National Counterintelligence Execu21 tive’’ and inserting ‘‘The Director of the Na22 tional Counterintelligence and Security Center’’; 

23 and 

24 (B) in subsection (d)(1)(B)(ii)— 


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1 (i) by striking ‘‘to the National Coun2 terintelligence Executive’’ and inserting ‘‘to 

3 the Director of the National Counterintel4 ligence and Security Center’’; and 

5 (ii) by striking ‘‘Office of the National 

6 Counterintelligence Executive’’ and insert7 ing ‘‘National Counterintelligence and Se8 curity Center’’. 

9 (3) INTELLIGENCE AUTHORIZATION ACT FOR

10 FISCAL YEAR 2004.—Section 341(b) of the Intel11 ligence Authorization Act for Fiscal Year 2004 

12 (Public Law 108–177; 28 U.S.C. 519 note) is 

13 amended by striking ‘‘Office of the National Coun14 terintelligence Executive’’ and inserting ‘‘National 

15 Counterintelligence and Security Center’’. 

16 (d) CLERICAL AMENDMENT.—The table of sections 

17 in the first section of the National Security Act of 1947 

18 is amended by striking the item relating to section 103F 

19 and inserting the following: 

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

20 (e) CONFORMING STYLE.—Any new language in21 serted or added to a provision of law by the amendments 

22 made by this section shall conform to the typeface and 

23 typestyle of the matter in which the language is so in24 serted or added. 


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1 (f) TECHNICAL EFFECTIVE DATE.—The amendment 

2 made by subsection (a) of section 401 of the Intelligence 

3 Authorization Act for Fiscal Year 2016 (division M of 

4 Public Law 114–113) shall not take effect, or, if the date 

5 of the enactment of this Act is on or after the effective 

6 date specified in subsection (b) of such section, such 

7 amendment shall be deemed to not have taken effect. 

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, the Director of National 

14 Intelligence shall publish on a publicly available Internet 

15 website a list of all logos, symbols, insignia, and other 

16 markings commonly associated with, or adopted by, an or17 ganization designated by the Secretary of State as a for18 eign terrorist organization under section 219(a) of the Im19 migration and Nationality Act (8 U.S.C. 1189(a)). 

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

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

22 frequently as needed. 


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1 Subtitle B—Central Intelligence 

2 Agency and Other Elements 

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 Permanent Select 

18 Committee on Intelligence of the House of Representatives 

19 and the Select Committee on Intelligence of the Senate 

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 SEC. 413. CLARIFICATION OF AUTHORITY, DIRECTION, AND 

4 CONTROL OVER THE INFORMATION ASSUR5 ANCE DIRECTORATE OF THE NATIONAL SE6 CURITY AGENCY. 

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

8 amended— 

9 (1) in subparagraph (B), by striking the semi10 colon and inserting ‘‘; and’’; 

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

12 and inserting a period; and 

13 (3) by striking subparagraph (D). 

14 SEC. 414. LIVING QUARTERS ALLOWANCE FOR EMPLOYEES 

15 OF THE DEFENSE INTELLIGENCE AGENCY. 

16 (a) PROHIBITION.—Notwithstanding sections 1603 

17 and 1605 of title 10, United States Code, and subchapter 

18 III of chapter 59 of title 5, a civilian employee of the De19 fense Intelligence Agency who is assigned to a directorate 

20 of a geographic combatant command that is 

21 headquartered outside of the United States may not re22 ceive a living quarters allowance. 

23 (b) APPLICATION.—Subsection (a) shall apply with 

24 respect to a pay period beginning on or after the date that 

25 is 1 year after the date of the enactment of this Act. 


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1 SEC. 415. PLAN ON ASSUMPTION OF CERTAIN WEATHER 

2 MISSIONS BY THE NATIONAL RECONNAIS3 SANCE OFFICE. 

4 (a) PLAN.— 

5 (1) IN GENERAL.—The Director of the National 

6 Reconnaissance Office shall develop a plan for the 

7 National Reconnaissance Office to address how to 

8 carry out covered space-based environmental moni9 toring missions. Such plan shall include— 

10 (A) a description of the related national se11 curity requirements for such missions; 

12 (B) a description of the appropriate man13 ner to meet such requirements; and 

14 (C) the amount of funds that would be 

15 necessary to be transferred from the Air Force 

16 to the National Reconnaissance Office during 

17 fiscal years 2018 through 2022 to carry out 

18 such plan. 

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

20 paragraph (1), the Director may conduct pre-acqui21 sition activities, including with respect to requests 

22 for information, analyses of alternatives, study con23 tracts, modeling and simulation, and other activities 

24 the Director determines necessary to develop such 

25 plan. 


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1 (3) SUBMISSION.—Not later than the date on 

2 which the President submits to Congress the budget 

3 for fiscal year 2018 under section 1105(a) of title 

4 31, United States Code, the Director shall submit to 

5 the appropriate congressional committees the plan 

6 under paragraph (1). 

7 (b) INDEPENDENT COST ESTIMATE.—The Director 

8 of the Cost Assessment Improvement Group of the Office 

9 of the Director of National Intelligence, in coordination 

10 with the Director of Cost Assessment and Program Eval11 uation of the Department of Defense, shall certify to the 

12 appropriate congressional committees that the amounts of 

13 funds identified under subsection (a)(1)(C) as being nec14 essary to transfer are appropriate and include funding for 

15 positions and personnel to support program office costs. 

16 (c) DEFINITIONS.—In this section: 

17 (1) The term ‘‘appropriate congressional com18 mittees’’ means— 

19 (A) the congressional intelligence commit20 tees; and 

21 (B) the congressional defense committees 

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

23 United States Code). 

24 (2) The term ‘‘covered space-based environ25 mental monitoring missions’’ means the acquisition 


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1 programs necessary to meet the national security re2 quirements for cloud characterization and theater 

3 weather imagery. 

4 SEC. 416. MODERNIZATION OF SECURITY CLEARANCE IN5 FORMATION TECHNOLOGY ARCHITECTURE. 

6 (a) IN GENERAL.—The Director of National Intel7 ligence shall support the Director of the Office of Per8 sonnel Management and the Secretary of Defense in the 

9 efforts of the Secretary to develop and implement an infor10 mation technology system (in this section referred to as 

11 the ‘‘System’’) to— 

12 (1) modernize and sustain the security clear13 ance information architecture of the National Back14 ground Investigations Bureau and the Department 

15 of Defense; 

16 (2) support decisionmaking processes for the 

17 evaluation and granting of personnel security clear18 ances; 

19 (3) improve cybersecurity capabilities with re20 spect to sensitive security clearance data and proc21 esses; 

22 (4) reduce the complexity and cost of the secu23 rity clearance process; 


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1 (5) provide information to managers on the fi2 nancial and administrative costs of the security 

3 clearance process; 

4 (6) strengthen the ties between counterintel5 ligence and personnel security communities; and 

6 (7) improve system standardization in the secu7 rity clearance process. 

8 (b) GUIDANCE.—The Director of National Intel9 ligence shall support the Director of the Office of Per10 sonnel Management and the Secretary of Defense in the 

11 efforts of the Director of the Office of Personnel Manage12 ment and the Secretary to issue guidance establishing the 

13 respective roles, responsibilities, and obligations of the Di14 rector of the Office of Personnel Management, the Sec15 retary, and the Director of National Intelligence, with re16 spect to the development and implementation of the Sys17 tem. 


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1 TITLE V—MATTERS RELATING 

2 TO UNITED STATES NAVAL 

3 STATION, GUANTANAMO BAY, 

4 CUBA 

5 SEC. 501. DECLASSIFICATION OF INFORMATION ON PAST 

6 TERRORIST ACTIVITIES OF DETAINEES 

7 TRANSFERRED FROM UNITED STATES NAVAL 

8 STATION, GUANTANAMO BAY, CUBA, AFTER 

9 SIGNING OF EXECUTIVE ORDER NO. 13492. 

10 (a) IN GENERAL.—Not later than 120 days after the 

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

12 Intelligence shall— 

13 (1) in the manner described in the classified 

14 annex that accompanies this Act— 

15 (A) complete a declassification review of 

16 intelligence reports prepared by the National 

17 Counterterrorism Center prior to Periodic Re18 view Board sessions or detainee transfers on 

19 the past terrorist activities of individuals de20 tained at United States Naval Station, Guanta21 namo Bay, Cuba, who were transferred or re22 leased from United States Naval Station, Guan23 tanamo Bay, Cuba, after the signing of Execu24 tive Order No. 13492 (relating to the closure of 


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1 the detention facility at United States Naval 

2 Station, Guantanamo Bay, Cuba); and 

3 (B) make available to the public any infor4 mation declassified as a result of the declas5 sification review; and 

6 (2) submit to the congressional intelligence 

7 committees a report setting forth— 

8 (A) the results of the declassification re9 view; and 

10 (B) if any information covered by the de11 classification review was not declassified pursu12 ant to the review, a justification for the deter13 mination not to declassify such information. 

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

15 this section, the past terrorist activities of an individual 

16 shall include the terrorist activities conducted by the indi17 vidual before the transfer of the individual to the detention 

18 facility at United States Naval Station, Guantanamo Bay, 

19 Cuba, including, at a minimum, the following: 

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

21 which affiliated. 

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

23 (3) The role in past terrorist attacks against 

24 the interests or allies of the United States. 


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

2 death of citizens of the United States or members of 

3 the Armed Forces. 

4 (5) Any admission of any matter specified in 

5 paragraphs (1) through (4). 

6 TITLE VI—REPORTS AND OTHER 

7 MATTERS 

8 SEC. 601. REPORT ON INTELLIGENCE COMMUNITY EM9 PLOYEES DETAILED TO NATIONAL SECURITY 

10 COUNCIL. 

11 Not later than 60 days after the date of the enact12 ment of this Act, the Director of National Intelligence 

13 shall submit to the congressional intelligence committees 

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

15 element of the intelligence community who have been de16 tailed to the National Security Council during the 10-year 

17 period preceding the date of the report. 

18 SEC. 602. INTELLIGENCE COMMUNITY REPORTING TO CON19 GRESS ON FOREIGN FIGHTER FLOWS. 

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

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

22 days thereafter, the Director of National Intelligence, con23 sistent with the protection of intelligence sources and 

24 methods, shall submit to the appropriate congressional 


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1 committees a report on foreign fighter flows to and from 

2 terrorist safe havens abroad. 

3 (b) CONTENTS.—Each report submitted under sub4 section (a) shall include, with respect to each terrorist safe 

5 haven, the following: 

6 (1) The total number of foreign fighters who 

7 have traveled or are suspected of having traveled to 

8 the terrorist safe haven since 2011, including the 

9 countries of origin of such foreign fighters. 

10 (2) The total number of United States citizens 

11 present in the terrorist safe haven. 

12 (3) The total number of foreign fighters who 

13 have left the terrorist safe haven or whose where14 abouts are unknown. 

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

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

17 is submitted in classified form, such report shall also in18 clude an unclassified summary. 

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

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

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

22 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means— 

25 (1) in the Senate— 


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1 (A) the Committee on Armed Services; 

2 (B) the Select Committee on Intelligence; 

3 (C) the Committee on the Judiciary; 

4 (D) the Committee on Homeland Security 

5 and Governmental Affairs; 

6 (E) the Committee on Banking, Housing, 

7 and Urban Affairs; 

8 (F) the Committee on Foreign Relations; 

9 and 

10 (G) the Committee on Appropriations; and 

11 (2) in the House of Representatives— 

12 (A) the Committee on Armed Services; 

13 (B) the Permanent Select Committee on 

14 Intelligence; 

15 (C) the Committee on the Judiciary; 

16 (D) the Committee on Homeland Security; 

17 (E) the Committee on Financial Services; 

18 (F) the Committee on Foreign Affairs; and 

19 (G) the Committee on Appropriations. 


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1 SEC. 603. REPORT ON INFORMATION RELATING TO ACA2 DEMIC PROGRAMS, SCHOLARSHIPS, FELLOW3 SHIPS, AND INTERNSHIPS SPONSORED, AD4 MINISTERED, OR USED BY THE INTEL5 LIGENCE COMMUNITY. 

6 (a) REPORT.—Not later than 90 days after the date 

7 of the enactment of this Act, the Director of National In8 telligence shall submit to Congress a report by the intel9 ligence community regarding covered academic programs. 

10 Such report shall include— 

11 (1) a description of the extent to which the Di12 rector and the heads of the elements of the intel13 ligence community independently collect information 

14 on covered academic programs, including with re15 spect to— 

16 (A) the number of applicants for such pro17 grams; 

18 (B) the number of individuals who have 

19 participated in such programs; and 

20 (C) the number of individuals who have 

21 participated in such programs and were hired 

22 by an element of the intelligence community 

23 after completing such program; 

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

25 heads independently collect the information de26 scribed in paragraph (1), a chart, table, or other 


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1 compilation illustrating such information for each 

2 covered academic program and element of the intel3 ligence community, as appropriate, during the 3-year 

4 period preceding the date of the report; and 

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

6 heads do not independently collect the information 

7 described in paragraph (1) as of the date of the re8 port— 

9 (A) whether the Director and the heads 

10 can begin collecting such information during 

11 fiscal year 2017; and 

12 (B) the personnel, tools, and other re13 sources required by the Director and the heads 

14 to independently collect such information. 

15 (b) COVERED ACADEMIC PROGRAMS DEFINED.—In 

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

17 means— 

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

19 Program under section 302 of the Cybersecurity En20 hancement Act of 2014 (15 U.S.C. 7442); 

21 (2) the National Security Education Program 

22 under the David L. Boren National Security Edu23 cation Act of 1991 (50 U.S.C. 1901 et seq.); 


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

2 Transformation Defense Education Program under 

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

4 (4) the National Centers of Academic Excel5 lence in Information Assurance and Cyber Defense 

6 of the National Security Agency and the Depart7 ment of Homeland Security; and 

8 (5) any other academic program, scholarship 

9 program, fellowship program, or internship program 

10 sponsored, administered, or used by an element of 

11 the intelligence community. 

12 SEC. 604. REPORT ON CYBERSECURITY THREATS TO SEA13 PORTS OF THE UNITED STATES AND MARI14 TIME SHIPPING. 

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

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

17 Homeland Security for Intelligence and Analysis, in con18 sultation with the Director of National Intelligence, and 

19 consistent with the protection of sources and methods, 

20 shall submit to the appropriate congressional committees 

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

22 vulnerabilities within, the software, communications net23 works, computer networks, or other systems employed 

24 by— 


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1 (1) entities conducting significant operations at 

2 seaports in the United States; 

3 (2) the maritime shipping concerns of the 

4 United States; and 

5 (3) entities conducting significant operations at 

6 transshipment points in the United States. 

7 (b) MATTERS INCLUDED.—The report under sub8 section (a) shall include the following: 

9 (1) A description of any recent and significant 

10 cyberattacks or cybersecurity threats directed 

11 against software, communications networks, com12 puter networks, or other systems employed by the 

13 entities and concerns described in paragraphs (1) 

14 through (3) of subsection (a). 

15 (2) An assessment of— 

16 (A) any planned cyberattacks directed 

17 against such software, networks, and systems; 

18 (B) any significant vulnerabilities to such 

19 software, networks, and systems; and 

20 (C) how such entities and concerns are 

21 mitigating such vulnerabilities. 

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

23 the Coast Guard to include cybersecurity concerns in 

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1 port Functions, or both, relating to the shipping or 

2 ports of the United States. 

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means— 

6 (1) the congressional intelligence committees; 

7 and 

8 (2) the Committee on Homeland Security of the 

9 House of Representatives and the Committee on 

10 Homeland Security and Governmental Affairs of the 

11 Senate. 

12 SEC. 605. REPORT ON COUNTER-MESSAGING ACTIVITIES. 

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

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

15 Homeland Security for Intelligence and Analysis, con16 sistent with the protection of sources and methods, shall 

17 submit to the appropriate congressional committees a re18 port on the counter-messaging activities of the Depart19 ment of Homeland Security with respect to the Islamic 

20 State and other extremist groups. 

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

22 shall include the following: 

23 (1) A description of whether, and to what ex24 tent, the Secretary of Homeland Security, in con25 ducting counter-messaging activities with respect to 


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1 the Islamic State and other extremist groups, 

2 consults or coordinates with the Secretary of State, 

3 regarding the counter-messaging activities under4 taken by the Department of State with respect to 

5 the Islamic State and other extremist groups, includ6 ing counter-messaging activities conducted by the 

7 Global Engagement Center of the Department of 

8 State. 

9 (2) Any criteria employed by the Secretary of 

10 Homeland Security for selecting, developing, promul11 gating, or changing the counter-messaging approach 

12 of the Department of Homeland Security, including 

13 any counter-messaging narratives, with respect to 

14 the Islamic State and other extremist groups. 

15 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE16 FINED.—In this section, the term ‘‘appropriate congres17 sional committees’’ means— 

18 (1) the congressional intelligence committees; 

19 and 

20 (2) the Committee on Homeland Security of the 

21 House of Representatives and the Committee on 

22 Homeland Security and Governmental Affairs of the 

23 Senate. 


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1 SEC. 606. REPORT ON REPRISALS AGAINST CONTRACTORS 

2 OF THE INTELLIGENCE COMMUNITY. 

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

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

5 Intelligence Community, consistent with the protection of 

6 sources and methods, shall submit to the appropriate con7 gressional committees a report on reprisals made against 

8 covered contractor employees. 

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

10 shall include the following: 

11 (1) Identification of the number of known or 

12 suspected reprisals made against covered contractor 

13 employees during the 5-year period preceding the 

14 date of the report. 

15 (2) An evaluation of the usefulness of estab16 lishing in law a prohibition on reprisals against cov17 ered contractor employees as a means of encour18 aging such contractors to make protected disclo19 sures. 

20 (3) A description of any challenges associated 

21 with establishing in law such a prohibition, including 

22 with respect to the nature of the relationship be23 tween the Federal Government, the contractor, and 

24 the covered contractor employee. 

25 (4) A description of any approaches taken by 

26 the Federal Government to account for reprisals 


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1 against non-intelligence community contractors who 

2 make protected disclosures, including pursuant to 

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

4 sections 4705 and 4712 of title 41, United States 

5 Code. 

6 (5) Any recommendations the Inspector General 

7 determines appropriate. 

8 (c) DEFINITIONS.—In this section: 

9 (1) The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the congressional intelligence commit12 tees; and 

13 (B) the Committee on Oversight and Gov14 ernment Reform of the House of Representa15 tives and the Committee on Homeland Security 

16 and Governmental Affairs of the Senate. 

17 (2) The term ‘‘covered contractor employee’’ 

18 means an employee of a contractor of an element of 

19 the intelligence community. 

20 (3) The term ‘‘reprisal’’ means the discharge, 

21 demotion, or other discriminatory personnel action 

22 made against a covered contractor employee for 

23 making a disclosure of information that would be a 


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1 disclosure protected by law if the contractor were an 

2 employee of the Federal Government. 

Passed the House of Representatives May 24, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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