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 intel-
ligence and intelligence-related activities of the United 
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement 
and Disability System, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 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 Over-
sight 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 recog-
nizing 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 Cen-
tral 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 Re-
connaissance Office. 
Sec. 416. Modernization of security clearance information technology architec-
ture. 
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 Se-
curity 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. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence com-
mittees’’ means— 
(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’’ has the meaning given 
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that term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)). 
TITLE I—INTELLIGENCE 
ACTIVITIES 
SEC. 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 Intel-
ligence. 
(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 Depart-
ment 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. 
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(14) The National Reconnaissance Office. 
(15) The National Geospatial-Intelligence Agen-
cy. 
(16) The Department of Homeland Security. 
SEC. 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 author-
ized 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 pre-
pared to accompany this Act. 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.— 
(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.—Sub-
ject to paragraph (3), the President shall provide for 
suitable distribution of the classified Schedule of Au-
thorizations, or of appropriate portions of the Sched-
ule, within the executive branch. 
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(3) LIMITS
ON
DISCLOSURE.—The President 
shall not publicly disclose the classified Schedule of 
Authorizations or any portion of such Schedule ex-
cept— 
(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. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR INCREASES.—The Director of 
National Intelligence may authorize employment of civil-
ian personnel in excess of the number authorized for fiscal 
year 2017 by the classified Schedule of Authorizations re-
ferred to in section 102(a) if the Director of National In-
telligence 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 Di-
rector of National Intelligence shall establish guidelines 
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that govern, for each element of the intelligence commu-
nity, 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 annu-
itant; 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 au-
thority described in subsection (a). 
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of National In-
telligence 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 avail-
able until September 30, 2018. 
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(b) AUTHORIZED PERSONNEL LEVELS.—The ele-
ments within the Intelligence Community Management 
Account of the Director of National Intelligence are au-
thorized 787 positions as of September 30, 2017. Per-
sonnel serving in such elements may be permanent em-
ployees of the Office of the Director of National Intel-
ligence 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 Ac-
count by subsection (a), there are authorized to be 
appropriated for the Community Management Ac-
count for fiscal year 2017 such additional amounts 
as are specified in the classified Schedule of Author-
izations referred to in section 102(a). Such addi-
tional amounts for advanced research and develop-
ment shall remain available until September 30, 
2018. 
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) 
for elements of the Intelligence Community Manage-
ment Account as of September 30, 2017, there are 
authorized such additional personnel for the Com-
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munity Management Account as of that date as are 
specified in the classified Schedule of Authorizations 
referred to in section 102(a). 
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Cen-
tral Intelligence Agency Retirement and Disability Fund 
for fiscal year 2017 the sum of $514,000,000. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 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. 
SEC. 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 
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any intelligence activity which is not otherwise authorized 
by the Constitution or the laws of the United States. 
SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR PRI-
VACY 
AND 
CIVIL 
LIBERTIES 
OVERSIGHT 
BOARD. 
(a) REQUIREMENT
FOR
AUTHORIZATIONS.—Sub-
section (m) of section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(m)) 
is amended to read as follows: 
‘‘(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 au-
thorized by Congress for use for such activities for 
such fiscal year. 
‘‘(2) DEFINITION.—In this subsection, the term 
‘specifically authorized by Congress’ has the mean-
ing given that term in section 504(e) of the National 
Security Act of 1947 (50 U.S.C. 3094(e)).’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Privacy and Civil Lib-
erties Oversight Board for fiscal year 2017 the sum of 
$10,081,000 to carry out the activities of the Board under 
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section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (42 U.S.C. 2000ee(m)). 
SEC. 304. MODIFICATION OF CERTAIN WHISTLEBLOWING 
PROCEDURES. 
(a) CLARIFICATION OF WHISTLEBLOWING PROCE-
DURES
AVAILABLE
TO
CERTAIN
PERSONNEL.—Sub-
section (a)(1)(A) of section 8H of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by inserting after 
‘‘Security Agency,’’ the following: ‘‘including any such em-
ployee who is assigned or detailed to a combatant com-
mand 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)) is amended— 
(A) in subparagraph (B)— 
(i) by striking clause (ii); 
(ii) by striking ‘‘(i) Not’’ and insert-
ing ‘‘Not’’; and 
(iii) by striking ‘‘to the Director’’ and 
inserting ‘‘to the intelligence committees’’; 
and 
(B) in subparagraph (D)— 
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(i) in clause (i), by striking ‘‘the Di-
rector’’ and inserting ‘‘the intelligence 
committees’’; and 
(ii) in clause (ii)— 
(I) in subclause (I), by striking 
‘‘the Director, through the Inspector 
General,’’ and inserting ‘‘the Inspec-
tor General’’; and 
(II) in subclause (II), by striking 
‘‘the Director, through the Inspector 
General,’’ and inserting ‘‘the Inspec-
tor 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 Intel-
ligence Reform and Terrorism Prevention Act 
of 2004 (50 U.S.C. 3341(j)(1)(C)(ii)) is amend-
ed by striking ‘‘subparagraphs (A), (D), and 
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(H)’’ and inserting ‘‘subparagraphs (A), (C), 
and (G)’’. 
(c) OTHER ELEMENTS OF INTELLIGENCE COMMU-
NITY.— 
(1) ROLE OF HEADS.—Section 8H of the In-
spector 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’’ and insert-
ing ‘‘Not’’; and 
(iii) by striking ‘‘to the head of the es-
tablishment’’ and inserting ‘‘to the intel-
ligence committees’’; and 
(B) in subsection (d)— 
(i) in paragraph (1), by striking ‘‘the 
head of the establishment’’ and inserting 
‘‘the intelligence committees’’; and 
(ii) in paragraph (2)— 
(I) in subparagraph (A), by strik-
ing ‘‘the head of the establishment, 
through the Inspector General,’’ and 
inserting ‘‘the Inspector General’’; 
and 
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(II) in subparagraph (B), by 
striking ‘‘the head of the establish-
ment, through the Inspector General,’’ 
and inserting ‘‘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), re-
spectively; and 
(C) in subsection (e), as so redesignated, 
by striking ‘‘subsections (a) through (e)’’ and 
inserting ‘‘subsections (a) through (d)’’. 
(d) OFFICE OF THE DIRECTOR OF NATIONAL INTEL-
LIGENCE.— 
(1) IN GENERAL.—Section 103H(k)(5) of the 
National 
Security 
Act 
of 
1947 
(50 
U.S.C. 
3033(k)(5)) is amended— 
(A) in subparagraph (B), by striking ‘‘to 
the Director’’ and inserting ‘‘to the congres-
sional intelligence committees’’; and 
(B) in subparagraph (D)— 
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(i) in clause (i), by striking ‘‘the Di-
rector’’ and inserting ‘‘the congressional 
intelligence committees’’; and 
(ii) in clause (ii)— 
(I) in subclause (I), by striking 
‘‘the Director, through the Inspector 
General,’’ and inserting ‘‘the Inspec-
tor General’’; and 
(II) in subclause (II), by striking 
‘‘the Director, through the Inspector 
General,’’ and inserting ‘‘the Inspec-
tor 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 amend-
ments 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 Inspec-
tor General of the Intelligence Community to notify the 
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