Intelligence Authorization Act for Fiscal Year 2017

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. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2017 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Intelligence Activities Sec. 101. Authorization of appropriations. Sec. 102. Classified schedule of authorizations. Sec. 103. 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 employees of the Central Intelligence Agency. 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 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. 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Intelligence community The term intelligence community 50 U.S.C. 3003(4) I Intelligence Activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2017 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified schedule of authorizations (a) Specifications of amounts and personnel levels The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2017, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany this Act. (b) Availability of classified schedule of authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the president Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases The Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2017 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such schedule for such element. (b) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long-term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 104. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2017 the sum of $518,596,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2018. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 787 positions as of September 30, 2017. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2017 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2018. (2) Authorization of personnel In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2017, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). II Central Intelligence Agency Retirement and Disability System 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2017 the sum of $514,000,000. III General provisions 301. Increase in employee compensation and benefits authorized by law Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 302. Restriction on conduct of intelligence activities The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. 303. Authorization of appropriations for Privacy and Civil Liberties Oversight Board (a) Requirement for authorizations Subsection (m) of section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(m) (m) Funding (1) Specific authorization required Appropriated funds available to the Board may be obligated or expended to carry out activities under this section only if such funds were specifically authorized by Congress for use for such activities for such fiscal year. (2) Definition In this subsection, the term specifically authorized by Congress 50 U.S.C. 3094(e) . (b) Authorization of appropriations There is authorized to be appropriated to the Privacy and Civil Liberties Oversight Board for fiscal year 2017 the sum of $10,081,000 to carry out the activities of the Board under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(m) 304. Modification of certain whistleblowing procedures (a) Clarification of whistleblowing procedures available to certain personnel Subsection (a)(1)(A) of section 8H Security Agency, including any such employee who is assigned or detailed to a combatant command or other element of the Federal Government, (b) Central Intelligence Agency (1) Role of Director Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) (A) in subparagraph (B)— (i) by striking clause (ii); (ii) by striking (i) Not Not (iii) by striking to the Director to the intelligence committees (B) in subparagraph (D)— (i) in clause (i), by striking the Director the intelligence committees (ii) in clause (ii)— (I) in subclause (I), by striking the Director, through the Inspector General, the Inspector General (II) in subclause (II), striking the Director, through the Inspector General, the Inspector General, in consultation with the Director, (2) Conforming amendments (A) Section 17(d)(5) of such Act is further amended— (i) by striking subparagraph (C); and (ii) by redesignating subparagraphs (D) through (H) as subparagraphs (C) through (G), respectively. (B) Section 3001(j)(1)(C)(ii) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1)(C)(ii) subparagraphs (A), (D), and (H) subparagraphs (A), (C), and (G) (c) Other elements of intelligence community (1) Role of heads Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in subsection (b)— (i) by striking paragraph (2); (ii) by striking (1) Not Not (iii) by striking to the head of the establishment to the intelligence committees (B) in subsection (d)— (i) in paragraph (1), by striking the head of the establishment the intelligence committees (ii) in paragraph (2)— (I) in subparagraph (A), by striking the head of the establishment, through the Inspector General, the Inspector General (II) in subparagraph (B), by striking the head of the establishment, through the Inspector General, the Inspector General, in consultation with the head of the establishment, (2) Conforming amendments Section 8H of such Act is further amended— (A) by striking subsection (c); (B) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively; and (C) in subsection (e), as so redesignated, by striking subsections (a) through (e) subsections (a) through (d) (d) Office of the Director of National Intelligence (1) In general Section 103H(k)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5) (A) in subparagraph (B), by striking to the Director to the congressional intelligence committees (B) in subparagraph (D)— (i) in clause (i), by striking the Director the congressional intelligence committees (ii) in clause (ii)— (I) in subclause (I), by striking the Director, through the Inspector General, the Inspector General (II) in subclause (II), by striking the Director, through the Inspector General, the Inspector General, in consultation with the Director, (2) Conforming amendments Section 103H(k)(5) of such Act is further amended— (A) by striking subparagraph (C); and (B) by redesignating subparagraphs (D) through (I) as subparagraphs (C) through (H), respectively. (e) Rule of construction None of the amendments made by this section may be construed to prohibit or otherwise affect the authority of an Inspector General of an element of the intelligence community, the Inspector General of the Central Intelligence Agency, or the Inspector General of the Intelligence Community to notify the head of the element of the intelligence community, the Director of the Central Intelligence Agency, or the Director of National Intelligence, as the case may be, of a complaint or information otherwise authorized by law. 305. Reports on major defense intelligence acquisition programs (a) In general The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. 506K. Reports on major defense intelligence acquisition programs at each milestone approval (a) Report on milestone A Not later than 15 days after granting Milestone A or equivalent approval for a major defense intelligence acquisition program, the milestone decision authority for the program shall submit to the appropriate congressional committees a report containing a brief summary of the following: (1) The estimated cost and schedule for the program established by the military department concerned, including— (A) the dollar values estimated for the program acquisition unit cost and total life-cycle cost; and (B) the planned dates for each program milestone and initial operational capability. (2) The independent estimated cost for the program established pursuant to section 2334(a)(6) of title 10, United States Code, and any independent estimated schedule for the program, including— (A) the dollar values estimated for the program acquisition unit cost and total life-cycle cost; and (B) the planned dates for each program milestone and initial operational capability. (3) A summary of the technical risks, including cybersecurity risks and supply chain risks, associated with the program, as determined by the military department concerned, including identification of any critical technologies that need to be matured. (4) A summary of the sufficiency review conducted by the Director of Cost Assessment and Program Evaluation of the Department of Defense of the analysis of alternatives performed for the program (as referred to in section 2366a(b)(6) of such title). (5) Any other information the milestone decision authority considers relevant. (b) Report on milestone B Not later than 15 days after granting Milestone B or equivalent approval for a major defense intelligence acquisition program, the milestone decision authority for the program shall submit to the appropriate congressional committees a report containing a brief summary of the following: (1) The estimated cost and schedule for the program established by the military department concerned, including— (A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and (B) the planned dates for each program milestone, initial operational test and evaluation, and initial operational capability. (2) The independent estimated cost for the program established pursuant to section 2334(a)(6) of title 10, United States Code, and any independent estimated schedule for the program, including— (A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and (B) the planned dates for each program milestone, initial operational test and evaluation, and initial operational capability. (3) A summary of the technical risks, including cybersecurity risks and supply chain risks, associated with the program, as determined by the military department concerned, including identification of any critical technologies that have not been successfully demonstrated in a relevant environment. (4) A summary of the sufficiency review conducted by the Director of Cost Assessment and Program Evaluation of the analysis of alternatives performed for the program pursuant to section 2366a(b)(6) of such title. (5) A statement of whether the preliminary design review for the program described in section 2366b(a)(1) of such title has been completed. (6) Any other information the milestone decision authority considers relevant. (c) Report on milestone C Not later than 15 days after granting Milestone C or equivalent approval for a major defense intelligence acquisition program, the milestone decision authority for the program shall submit to the appropriate congressional committees a report containing a brief summary of the following: (1) The estimated cost and schedule for the program established by the military department concerned, including— (A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and (B) the planned dates for initial operational test and evaluation and initial operational capability. (2) The independent estimated cost for the program established pursuant to section 2334(a)(6) of title 10, United States Code, and any independent estimated schedule for the program, including— (A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and (B) the planned dates for initial operational test and evaluation and initial operational capability. (3) The cost and schedule estimates approved by the milestone decision authority for the program. (4) A summary of the production, manufacturing, and fielding risks, including cybersecurity risks and supply chain risks, associated with the program. (5) Any other information the milestone decision authority considers relevant. (d) Initial operating capability or full operating capability Not later than 15 days after a major defense intelligence acquisition program reaches initial operating capability or full operating capability, the milestone decision authority for the program shall notify the appropriate congressional committees of the program reaching such capability. (e) Additional information At the request of any of the appropriate congressional committees, the milestone decision authority shall submit to the appropriate congressional committees further information or underlying documentation for the information in a report submitted under subsection (a), (b), or (c), including the independent cost and schedule estimates and the independent technical risk assessments referred to in those subsections. (f) Nonduplication of effort If any information required under this section has been included in another report or assessment previously submitted to the congressional intelligence committees under sections 506A, 506C, or 506E, the milestone decision authority may provide a list of such reports and assessments at the time of submitting a report required under this section instead of including such information in such report. (g) Definitions In this section: (1) The term appropriate congressional committees (2) The term major defense intelligence acquisition program (3) The term Milestone A approval (4) The terms Milestone B approval Milestone C approval (5) The term milestone decision authority . (b) Clerical amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 506J the following new item: Sec. 506K. Reports on major defense intelligence acquisition programs at each milestone approval. . 306. Modifications to certain requirements for construction of facilities (a) Inclusion in budget requests of certain projects Section 8131 of the Department of Defense Appropriations Act, 1995 ( Public Law 103–335 50 U.S.C. 3303 (b) Notification Section 602(a)(2) of the Intelligence Authorization Act for Fiscal Year 1995 ( Public Law 103–359 50 U.S.C. 3304(a)(2) improvement project to project for the improvement, repair, or modification of 307. Information on activities of Privacy and Civil Liberties Oversight Board Section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(d) (5) Information (A) Activities In addition to the reports submitted to Congress under subsection (e)(1)(B), the Board shall ensure that each official and congressional committee specified in subparagraph (B) is kept fully and currently informed of the activities of the Board, including any significant anticipated activities. (B) Officials and congressional committees specified The officials and congressional committees specified in this subparagraph are the following: (i) The Director of National Intelligence. (ii) The head of any element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) (iii) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. . 308. Clarification of authorization of certain activities of the Department of Energy Funds appropriated for fiscal year 2016 for intelligence and intelligence-related activities of the Department of Energy shall be deemed to be authorized to be appropriated for such activities, including for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 309. Technical correction to Executive Schedule Section 5313 of title 5, United States Code, is amended by striking the item relating to Director of the National Counter Proliferation Center. 310. Maximum amount charged for declassification reviews In reviewing and processing a request by a person for the mandatory declassification of information pursuant to Executive Order 13526, a successor executive order, or any other provision of law, the head of an element of the intelligence community— (1) may not charge the person reproduction fees in excess of the amount of fees that the head would charge the person for reproduction required in the course of processing a request for information under section 552 of title 5, United States Code (commonly referred to as the “ Freedom of Information Act (2) may waive or reduce any processing fees in the same manner as the head waives or reduces fees under such section 552. IV Matters relating to elements of the Intelligence Community A Office of the Director of National Intelligence 401. Analyses and impact statements by Director of National Intelligence regarding actions by Committee on Foreign Investment in the United States Section 721(b)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565 (E) Submission to congressional intelligence committees Not later than 5 days after the completion of a review or an investigation of a covered transaction under this subsection that concludes action under this section, the Director shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate an analysis under subparagraph (A) relating to such covered transaction previously provided to the Committee, including any supplements or amendments to such analysis made by the Director. (F) Impact statements Not later than 60 days after the completion of a review or an investigation of a covered transaction under this subsection that concludes action under this section, the Director shall determine whether the covered transaction will have an operational impact on the intelligence community, and, if so, shall submit a report on such impact to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. Each such report shall— (i) describe the operational impact of the covered transaction on the intelligence community; and (ii) describe any actions that have been or will be taken to mitigate such impact. . 402. National Counterintelligence and Security Center (a) Redesignation of Office of National Counterintelligence Executive Section 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 (1) by striking Office of the National Counterintelligence Executive National Counterintelligence and Security Center (2) by striking National Counterintelligence Executive Director of the National Counterintelligence and Security Center (3) in the headings of subsections (b) and (c), by striking of Office Center (4) in subsection (d)— (A) in paragraph (5)(C), by striking by the Office by the Center (B) in paragraph (6), by striking that the Office that the Center (5) in subsection (f)(1), by striking by the Office by the Center (6) in subsection (g), by striking of the Office of the Center (7) in subsection (h), by striking of the Office of the Center (b) Redesignation of National Counterintelligence Executive Section 902 of such Act ( 50 U.S.C. 3382 (1) by striking subsection (a) and inserting the following new subsection: (a) Establishment There shall be a Director of the National Counterintelligence and Security Center (referred to in this section as the Director ; (2) by striking National Counterintelligence Executive Director of the National Counterintelligence and Security Center (3) by striking Office of the National Counterintelligence Executive National Counterintelligence and Security Center (c) Conforming amendments (1) National Security Act of 1947 The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. (A) in section 102A(f)(2), by inserting after Counterterrorism Center , the National Counterproliferation Center, and the National Counterintelligence and Security Center, (B) in section 103(c)(8), by striking National Counterintelligence Executive (including the Office of the National Counterintelligence Executive) Director of the National Counterintelligence and Security Center (C) in section 103F, by striking National Counterintelligence Executive Director of the National Counterintelligence and Security Center (2) Intelligence Authorization Act for Fiscal Year 1995 Section 811 of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–359 50 U.S.C. 3381 (A) in subsections (b) and (c)(1), by striking The National Counterintelligence Executive The Director of the National Counterintelligence and Security Center (B) in subsection (d)(1)(B)(ii)— (i) by striking to the National Counterintelligence Executive to the Director of the National Counterintelligence and Security Center (ii) by striking Office of the National Counterintelligence Executive National Counterintelligence and Security Center (3) Intelligence Authorization Act for Fiscal Year 2004 Section 341(b) of the Intelligence Authorization Act for Fiscal Year 2004 ( Public Law 108–177 28 U.S.C. 519 Office of the National Counterintelligence Executive National Counterintelligence and Security Center (d) Clerical amendment The table of sections in the first section of the National Security Act of 1947 is amended by striking the item relating to section 103F and inserting the following: Sec. 103F. Director of the National Counterintelligence and Security Center. . (e) Conforming style Any new language inserted or added to a provision of law by the amendments made by this section shall conform to the typeface and typestyle of the matter in which the language is so inserted or added. (f) Technical effective date The amendment made by subsection (a) of section 401 of the Intelligence Authorization Act for Fiscal Year 2016 (division M of Public Law 114–113 403. Assistance for governmental entities and private entities in recognizing online violent extremist content (a) Assistance To recognize online violent extremist content Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall publish on a publicly available Internet website a list of all logos, symbols, insignia, and other markings commonly associated with, or adopted by, an organization designated by the Secretary of State as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (b) Updates The Director shall update the list published under subsection (a) every 180 days or more frequently as needed. B Central Intelligence Agency and other elements 411. Enhanced death benefits for employees of the Central Intelligence Agency Section 11 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3511 11. Benefits available in event of the death of an employee (a) Authority The Director may pay death benefits substantially similar to those authorized for members of the Foreign Service pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. (b) Regulations Regulations issued pursuant to this section shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect. . 412. Pay and retirement authorities of the Inspector General of the Central Intelligence Agency (a) In general Section 17(e)(7) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(e)(7) (C) (i) The Inspector General may designate an officer or employee appointed in accordance with subparagraph (A) as a law enforcement officer solely for purposes of subchapter III of chapter 83 or chapter 84 (ii) In carrying out clause (i), the Inspector General shall ensure that any authority under such clause is exercised in a manner consistent with section 3307 of title 5, United States Code, as it relates to law enforcement officers. (iii) For purposes of applying sections 3307(d), 8335(b), and 8425(b) of title 5, United States Code, the Inspector General may exercise the functions, powers, and duties of an agency head or appointing authority with respect to the Office. . (b) Rule of construction Subparagraph (C) of section 17(e)(7) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(e)(7) 413. Clarification of authority, direction, and control over the information assurance directorate of the National Security Agency Section 142(b)(1) of title 10, United States Code, is amended— (1) in subparagraph (B), by striking the semicolon and inserting ; and (2) in subparagraph (C), by striking ; and (3) by striking subparagraph (D). 414. Living quarters allowance for employees of the Defense Intelligence Agency (a) Prohibition Notwithstanding sections 1603 and 1605 of title 10, United States Code, and subchapter III of chapter 59 (b) Application Subsection (a) shall apply with respect to a pay period beginning on or after the date that is one year after the date of the enactment of this Act. 415. Plan on assumption of certain weather missions by the National Reconnaissance Office (a) Plan (1) In general The Director of the National Reconnaissance Office shall develop a plan for the National Reconnaissance Office to address how to carry out covered space-based environmental monitoring missions. Such plan shall include— (A) a description of the related national security requirements for such missions; (B) a description of the appropriate manner to meet such requirements; and (C) the amount of funds that would be necessary to be transferred from the Air Force to the National Reconnaissance Office during fiscal years 2018 through 2022 to carry out such plan. (2) Activities In developing the plan under paragraph (1), the Director may conduct pre-acquisition activities, including with respect to requests for information, analyses of alternatives, study contracts, modeling and simulation, and other activities the Director determines necessary to develop such plan. (3) Submission Not later than the date on which the President submits to Congress the budget for fiscal year 2018 under section 1105(a) of title 31, United States Code, the Director shall submit to the appropriate congressional committees the plan under paragraph (1). (b) Independent cost estimate The Director of the Cost Assessment Improvement Group of the Office of the Director of National Intelligence, in coordination with the Director of Cost Assessment and Program Evaluation of the Department of Defense, shall certify to the appropriate congressional committees that the amounts of funds identified under subsection (a)(1)(C) as being necessary to transfer are appropriate and include funding for positions and personnel to support program office costs. (c) Definitions In this section: (1) The term appropriate congressional committees (A) the congressional intelligence committees; and (B) the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code). (2) The term covered space-based environmental monitoring missions 416. Modernization of security clearance information technology architecture (a) In general The Director of National Intelligence shall support the Secretary of Defense in the efforts of the Secretary to develop and implement an information technology system (in this section referred to as the System (1) modernize and sustain the security clearance information architecture of the National Background Investigations Bureau and the Department of Defense; (2) support decisionmaking processes for the evaluation and granting of personnel security clearances; (3) improve cyber security capabilities with respect to sensitive security clearance data and processes; (4) reduce the complexity and cost of the security clearance process; (5) provide information to managers on the financial and administrative costs of the security clearance process; (6) strengthen the ties between counterintelligence and personnel security communities; and (7) improve system standardization in the security clearance process. (b) Guidance The Director shall support the Secretary in the efforts of the Secretary to issue guidance establishing the respective roles, responsibilities, and obligations of the Secretary and the Director with respect to the development and implementation of the System. V Matters relating to United States Naval Station, Guantanamo Bay, Cuba 501. Declassification of information on past terrorist activities of detainees transferred from United States Naval Station, Guantanamo Bay, Cuba, after signing of Executive Order 13492 (a) In general Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall— (1) in the manner described in the classified annex that accompanies this Act— (A) complete a declassification review of intelligence reports prepared by the National Counterterrorism Center prior to Periodic Review Board sessions or detainee transfers on the past terrorist activities of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, who were transferred or released from United States Naval Station, Guantanamo Bay, after the signing of Executive Order 13492 (relating to the closure of the detention facility at United States Naval Station, Guantanamo Bay); and (B) make available to the public any information declassified as a result of the declassification review; and (2) submit to the congressional intelligence committees a report setting forth— (A) the results of the declassification review; and (B) if any information covered by the declassification review was not declassified pursuant to the review, a justification for the determination not to declassify such information. (b) Past terrorist activities For purposes of this section, the past terrorist activities of an individual shall include the terrorist activities conducted by the individual before the transfer of the individual to the detention facility at United States Naval Station, Guantanamo Bay, including, at a minimum, the following: (1) The terrorist organization, if any, with which affiliated. (2) The terrorist training, if any, received. (3) The role in past terrorist attacks against the interests or allies of the United States. (4) The direct responsibility, if any, for the death of citizens of the United States or members of the Armed Forces. (5) Any admission of any matter specified in paragraphs (1) through (4). VI Reports and other matters 601. Report on intelligence community employees detailed to National Security Council Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report listing, by year, the number of employees of an element of the intelligence community who have been detailed to the National Security Council during the 10-year period preceding the date of the report. 602. Intelligence community reporting to Congress on foreign fighter flows (a) Reports required Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of National Intelligence, consistent with the protection of intelligence sources and methods, shall submit to the congressional intelligence committees a report on foreign fighter flows to and from terrorist safe havens abroad. (b) Contents Each report submitted under subsection (a) shall include, with respect to each terrorist safe haven, the following: (1) The total number of foreign fighters who have traveled or are suspected of having traveled to the terrorist safe haven since 2011, including the countries of origin of such foreign fighters. (2) The total number of United States citizens present in the terrorist safe haven. (3) The total number of foreign fighters who have left the terrorist safe haven or whose whereabouts are unknown. (c) Form The reports submitted under subsection (a) may be submitted in classified form. If such a report is submitted in classified form, such report shall also include an unclassified summary. (d) Sunset The requirement to submit reports under subsection (a) shall terminate on the date that is two years after the date of the enactment of this Act. 603. Report on information relating to academic programs, scholarships, fellowships, and internships sponsored, administered, or used by the intelligence community (a) Report Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report by the intelligence community regarding covered academic programs. Such report shall include— (1) a description of the extent to which the Director and the heads of the elements of the intelligence community independently collect information on covered academic programs, including with respect to— (A) the number of applicants for such programs; (B) the number of individuals who have participated in such programs; and (C) the number of individuals who have participated in such programs and were hired by an element of the intelligence community after completing such program; (2) to the extent that the Director and the heads independently collect the information described in paragraph (1), a chart, table, or other compilation illustrating such information for each covered academic program and element of the intelligence community, as appropriate, during the three-year period preceding the date of the report; and (3) to the extent that the Director and the heads do not independently collect the information described in paragraph (1) as of the date of the report— (A) whether the Director and the heads can begin collecting such information during fiscal year 2017; and (B) the personnel, tools, and other resources required by the Director and the heads to independently collect such information. (b) Covered academic programs defined In this section, the term covered academic programs (1) the Federal Cyber Scholarship-for-Service Program under section 302 of the Cybersecurity Enhancement Act of 2014 ( 15 U.S.C. 7442 (2) the National Security Education Program under the David L. Boren National Security Education Act of 1991 ( 50 U.S.C. 1901 et seq. (3) the Science, Mathematics, and Research for Transformation Defense Education Program under section 2192a of title 10, United States Code; (4) the National Centers of Academic Excellence in Information Assurance and Cyber Defense of the National Security Agency and the Department of Homeland Security; and (5) any other academic program, scholarship program, fellowship program, or internship program sponsored, administered, or used by an element of the intelligence community. 604. Report on cybersecurity threats to seaports of the United States and maritime shipping (a) Report Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis, in consultation with the Director of National Intelligence, shall submit to the congressional intelligence committees a report on the cybersecurity threats to, and the cyber vulnerabilities within, the software, communications networks, computer networks, or other systems employed by— (1) entities conducting significant operations at seaports in the United States; (2) the maritime shipping concerns of the United States; and (3) entities conducting significant operations at transshipment points in the United States. (b) Matters included The report under subsection (a) shall include the following: (1) A description of any recent and significant cyberattacks or cybersecurity threats directed against software, communications networks, computer networks, or other systems employed by the entities and concerns described in paragraphs (1) through (3) of subsection (a). (2) An assessment of— (A) any planned cyberattacks directed against such software, networks, and systems; (B) any significant vulnerabilities to such software, networks, and systems; and (C) how such entities and concerns are mitigating such vulnerabilities. (3) An update on the status of the efforts of the Coast Guard to include cybersecurity concerns in the National Response Framework, Emergency Support Functions, or both, relating to the shipping or ports of the United States. 605. Report on counter-messaging activities (a) Report Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to the congressional intelligence committees a report on the counter-messaging activities of the Department of Homeland Security with respect to the Islamic State and other extremist groups. (b) Elements The report under subsection (a) shall include the following: (1) A description of whether, and to what extent, the Secretary of Homeland Security, in conducting counter-messaging activities with respect to the Islamic State and other extremist groups, consults or coordinates with the Secretary of State, regarding the counter-messaging activities undertaken by the Department of State with respect to the Islamic State and other extremist groups, including counter-messaging activities conducted by the Global Engagement Center of the Department of State. (2) Any criteria employed by the Secretary of Homeland Security for selecting, developing, promulgating, or changing the counter-messaging approach of the Department of Homeland Security, including any counter-messaging narratives, with respect to the Islamic State and other extremist groups. 606. Report on reprisals against contractors of the intelligence community (a) Report Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report on reprisals made against covered contractor employees. (b) Elements The report under subsection (a) shall include the following: (1) Identification of the number of known or suspected reprisals made against covered contractor employees during the five-year period preceding the date of the report. (2) An evaluation of the usefulness of establishing in law a prohibition on reprisals against covered contractor employees as a means of encouraging such contractors to make protected disclosures. (3) A description of any challenges associated with establishing in law such a prohibition, including with respect to the nature of the relationship between the Federal Government, the contractor, and the covered contractor employee. (4) A description of any approaches taken by the Federal Government to account for reprisals against non-intelligence community contractors who make protected disclosures, including pursuant to section 2409 of title 10, United States Code, and sections 4705 and 4712 of title 41, United States Code. (5) Any recommendations the Inspector General determines appropriate. (c) Definitions In this section: (1) The term covered contractor employee (2) The term reprisal May 18, 2016 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Intelligence Authorization Act for Fiscal Year 2017 TITLE I--INTELLIGENCE ACTIVITIES (Sec. 101) This bill authorizes FY2017 appropriations for the conduct of intelligence and intelligence-related activities of: the Office of the Director of National Intelligence (ODNI); the Central Intelligence Agency (CIA); the Department of Defense (DOD); the Defense Intelligence Agency (DIA); the National Security Agency (NSA); the Departments of the Army, Navy, and Air Force; the Coast Guard; the Departments of State, the Treasury, Energy (DOE), and Justice; the Federal Bureau of Investigation; the Drug Enforcement Administration; the National Reconnaissance Office (NRO); the National Geospatial-Intelligence Agency (NGA); and the Department of Homeland Security (DHS). (Sec. 102) The amounts authorized and the authorized personnel ceilings as of September 30, 2017, for such activities are those in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President. (Sec. 103) The ODNI, if it provides prior notice to Congress, may authorize employment of civilian personnel in excess of the number authorized for FY2017 when necessary for the performance of important intelligence functions. The ODNI must establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long-term, full-time training. (Sec. 104) This section authorizes FY2017 appropriations for the Intelligence Community Management Account. Additional funds identified in the classified schedule for advanced research and development shall remain available until September 30, 2018. TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (Sec. 201) This title authorizes FY2017 appropriations for the Central Intelligence Agency Retirement and Disability Fund. TITLE III--GENERAL PROVISIONS (Sec. 301) Appropriations authorized by this bill for salary, pay, retirement, and other benefits for federal employees may be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law. (Sec. 302) Appropriations authorized by this bill shall not be deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or U.S. laws. (Sec. 303) This section authorizes FY2017 appropriations for the Privacy and Civil Liberties Oversight Board (PCLOB). Appropriated funds available to the PCLOB may be obligated or expended during a fiscal year only if specifically authorized by Congress for that fiscal year. (Sec. 304) Employees of the DIA, the NGA, the NRO, or the NSA assigned or detailed to a combatant command or other element of the federal government who intend to report to Congress a complaint or information regarding an urgent concern involving classified information or false statements may report the complaint or information to the DOD inspector general. Inspectors general of the CIA, the ODNI, and other elements of the intelligence community must notify Congress directly when they determine that an employee's complaint or information about an urgent concern appears credible. This section removes processes under which such inspectors general must notify the CIA Director, the Director of National Intelligence, or the head of their establishment, who then forwards the notice to Congress. (Sec. 305) DOD officials designated with overall acquisition-decision responsibilities for major defense acquisition programs must report to Congress about the costs, plans, and risks of the programs after granting each milestone approval. (Sec. 306) This section removes a provision that requires any construction or improvement to a facility with an estimated federal cost exceeding $300,000 that is used primarily by intelligence community personnel to be specifically identified as a separate item in the President's budget or specifically authorized and appropriated. The ODNI must notify Congress of any project for the repair or modification of a facility for intelligence community personnel that has an estimated cost greater than $1 million. (Sec. 307) The Intelligence Reform and Terrorism Prevention Act of 2004 is amended to require the PCLOB to inform the ODNI, elements of the intelligence community, and the House and Senate intelligence committees about its activities and any of its significant anticipated activities. (Sec. 308) FY2016 appropriations for DOE's intelligence and intelligence-related activities shall be deemed to be authorized to be appropriated for such activities. (Sec. 309) This section makes a technical correction regarding the annual rate of basic pay for the Director of the National Counter Proliferation Center. (Sec. 310) The intelligence community is prohibited from charging reproduction fees for reviewing and processing a request for the mandatory declassification of information that are in excess of the reproduction fees that would be charged for Freedom of Information Act requests. TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY Subtitle A--Office of the Director of National Intelligence (Sec. 401) This subtitle amends the Defense Production Act of 1950 to require the ODNI, within five days after a review or an investigation by the Committee on Foreign Investment in the United States (CFIUS) of a merger, acquisition, or takeover that could result in foreign control of any person engaged in interstate commerce in the United States, to submit to Congress the ODNI's national security threat analysis that was previously provided to the CFIUS. Within 60 days after completion of the review or investigation that concludes the CFIUS's action, the ODNI must also determine whether the transaction will have an operational impact on the intelligence community, and, if so, report on such impact to Congress. (Sec. 402) The Office of the National Counterintelligence Executive is redesignated as the National Counterintelligence and Security Center with a director to be appointed by the President with the advice and consent of the Senate. (Currently, the Director of National Intelligence appoints a head executive.) (Sec. 403) The ODNI must publish on a public website a list of all logos, symbols, and markings associated with foreign terrorist organizations. Subtitle B--Central Intelligence Agency and Other Elements (Sec. 411) The CIA may: (1) pay death benefits substantially similar to those authorized for Foreign Service members, and (2) adjust eligibility requirements for such benefits. Regulations to carry out such authority must be submitted to Congress before they take effect. (Sec. 412) The CIA inspector general may designate officers or employees as law enforcement officers for purposes of pay and retirement benefits if they are appointed to a position that investigates suspected criminal offenses. (Sec. 413) This section removes the DOD Chief Information Officer's authority and control over the NSA's Information Assurance Directorate. (Sec. 414) No DIA civilian employee assigned to a directorate of a geographic combatant command headquartered outside of the United States may receive a living quarters allowance. (Sec. 415) The NRO shall develop a plan to carry out space-based environmental monitoring missions with acquisition programs to meet the national security requirements for cloud characterization and theater weather imagery. The plan must: (1) address the amount of funds that would be necessary to be transferred from the Air Force to the NRO during FY2018-FY2022 to carry out such plan, and (2) be submitted to Congress no later than when the President submits the FY2018 budget. The ODNI's Director of the Cost Assessment Improvement Group must coordinate with DOD's Director of Cost Assessment and Program Evaluation to certify that the proposed transfer of Air Force funds is appropriate and includes funding for positions and personnel to support program office costs. (Sec. 416) The ODNI must support efforts of DOD and the Office of Personnel Management to modernize the technology systems for security clearance information. They must implement a system to: sustain the security clearance information architecture of the National Background Investigations Bureau and DOD, support decisionmaking processes for the evaluation and granting of personnel security clearances, improve cybersecurity capabilities, reduce complexity and cost, provide information to managers on financial and administrative costs, strengthen ties between counterintelligence and personnel security communities, and improve standardization. TITLE V--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA (Sec. 501) The ODNI must complete a declassification review of intelligence reports prepared by the National Counterterrorism Center prior to Periodic Review Board sessions or detainee transfers on the past terrorist activities of individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, who were transferred or released after the signing of Executive Order 13492. The ODNI must make declassified information available to the public and provide a justification to Congress about why any information subject to review was not declassified. TITLE VI--REPORTS AND OTHER MATTERS (Sec. 601) The ODNI must submit a report listing, by year, the number of intelligence community employees who have been detailed to the National Security Council during the previous 10-year period. (Sec. 602) The ODNI must report to Congress every 180 days for two years regarding foreign fighter flows to and from terrorist safe havens abroad. (Sec. 603) The ODNI must report on information collection by individual elements of the intelligence community about the number of applicants for, participants in, and individuals hired by the intelligence community after participating in: (1) the Federal Cyber Scholarship-for-Service Program; (2) the National Security Education Program; (3) the Science, Mathematics, and Research for Transformation Defense Education Program; (4) the National Centers of Academic Excellence in Information Assurance and Cyber Defense; or (4) other intelligence community academic, scholarship, fellowship, or internship programs. If elements of the intelligence community do not independently collect such information, the report must address whether they can begin collecting such information during FY2017 and the resources required to independently collect such information. (Sec. 604) DHS must report on the cybersecurity threats to, and the cyber vulnerabilities within, the software, communications networks, or computer networks employed by U.S. maritime shipping concerns and entities conducting significant operations at U.S. seaports or transshipment points. The report must include a status update on the Coast Guard's efforts to include cybersecurity concerns in the National Response Framework or the Emergency Support Functions relating to U.S. shipping or ports. (Sec. 605) DHS must report on its counter-messaging activities with respect to the Islamic State and other extremist groups. It must describe any coordination of such activities with the State Department. (Sec. 606) The Inspector General of the Intelligence Community must report on reprisals made against employees of a contractor of the intelligence community for making a disclosure of information that would be protected by law if the contractor were an employee of the federal government.