(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) An assessment, including measurable bench-
marks, of progress on initiatives to recruit, train, 
and retain personnel with the necessary skills and 
experiences in vital areas, including encryption, cryp-
tography, and big data analytics. 
(2) An assessment of whether officers of the 
Federal Bureau of Investigation who possess such 
skills are fully integrated into the Bureau’s work, in-
cluding Agent-led investigations. 
(3) A description of the quality and quantity of 
the collaborations between the Bureau and private 
sector entities on cyber issues, including the status 
of efforts to benefit from employees with experience 
transitioning between the public and private sectors. 
(4) An assessment of the utility of reinstituting, 
if applicable, and leveraging the Director’s Advisory 
Board, which was originally constituted in 2005, to 
provide outside advice on how to better integrate 
technical expertise with the investigative process and 
on emerging concerns in cyber-related issues. 
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SEC. 423. PLAN ON ASSUMPTION OF CERTAIN WEATHER 
MISSIONS BY THE NATIONAL RECONNAIS-
SANCE OFFICE. 
(a) PLAN.— 
(1) IN GENERAL.—Except as provided in sub-
section (c), the Director of the National Reconnais-
sance Office shall develop a plan for the National 
Reconnaissance Office to address how to carry out 
covered space-based environmental monitoring mis-
sions. Such plan shall include— 
(A) a description of the related national se-
curity requirements for such missions; 
(B) a description of the appropriate man-
ner 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-acqui-
sition activities, including with respect to requests 
for information, analyses of alternatives, study con-
tracts, modeling and simulation, and other activities 
the Director determines necessary to develop such 
plan. 
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(3) SUBMISSION.—Not later than July 1, 2017, 
and except as provided in subsection (c), the Direc-
tor 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 Eval-
uation, shall certify to the appropriate congressional com-
mittees that the amounts of funds identified under sub-
section (a)(1)(C) as being necessary to transfer are appro-
priate and include funding for positions and personnel to 
support program office costs. 
(c) WAIVER BASED ON REPORT AND CERTIFICATION 
OF AIR FORCE ACQUISITION PROGRAM.—The Director of 
the National Reconnaissance Office may waive the re-
quirement to develop a plan under subsection (a), if the 
Under Secretary of Defense for Acquisition Technology, 
and Logistics and the Chairman of the Joint Chiefs of 
Staff jointly submit to the appropriate congressional com-
mittees a report by not later than July 1, 2017, that con-
tains— 
(1) a certification that the Secretary of the Air 
Force is carrying out a formal acquisition program 
that has received milestone A approval to address 
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the cloud characterization and theater weather im-
agery requirements of the Department of Defense; 
and 
(2) an identification of the cost, schedule, re-
quirements, and acquisition strategy of such acquisi-
tion program. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional intelligence commit-
tees; 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 environ-
mental monitoring missions’’ means the acquisition 
programs necessary to meet the national security re-
quirements for cloud characterization and theater 
weather imagery. 
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TITLE V—MATTERS RELATING 
TO FOREIGN COUNTRIES 
SEC. 501. COMMITTEE TO COUNTER ACTIVE MEASURES BY 
THE RUSSIAN FEDERATION TO EXERT COV-
ERT INFLUENCE OVER PEOPLES AND GOV-
ERNMENTS. 
(a) DEFINITIONS.—In this section: 
(1) ACTIVE MEASURES BY RUSSIA TO EXERT 
COVERT
INFLUENCE.—The term ‘‘active measures 
by Russia to exert covert influence’’ means activities 
intended to influence a person or government that 
are carried out in coordination with, or at the behest 
of, political leaders or the security services of the 
Russian Federation and the role of the Russian Fed-
eration has been hidden or not acknowledged pub-
licly, including the following: 
(A) Establishment or funding of a front 
group. 
(B) Covert broadcasting. 
(C) Media manipulation. 
(D) Disinformation and forgeries. 
(E) Funding agents of influence. 
(F) Incitement and offensive counterintel-
ligence. 
(G) Assassinations. 
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(H) Terrorist acts. 
(2) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the congressional intelligence commit-
tees; 
(B) the Committee on Armed Services and 
the Committee on Foreign Relations of the Sen-
ate; and 
(C) the Committee on Armed Services and 
the Committee on Foreign Affairs of the House 
of Representatives. 
(b) ESTABLISHMENT.—There is established within 
the executive branch an interagency committee to counter 
active measures by the Russian Federation to exert covert 
influence. 
(c) MEMBERSHIP.— 
(1) IN GENERAL.— 
(A) APPOINTMENT.—Each head of an 
agency or department of the United States Gov-
ernment set out under subparagraph (B) shall 
appoint one member of the committee estab-
lished by subsection (b) from among officials of 
such agency or department who occupy a posi-
tion that is required to be appointed by the 
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President, with the advice and consent of the 
Senate. 
(B) HEAD
OF
AN
AGENCY
OR
DEPART-
MENT.—The head of an agency or department 
of the United States Government set out under 
this subparagraph are the following: 
(i) The Director of National Intel-
ligence. 
(ii) The Secretary of State. 
(iii) The Secretary of Defense. 
(iv) The Secretary of the Treasury. 
(v) The Attorney General. 
(vi) The Secretary of Energy. 
(vii) The Director of the Federal Bu-
reau of Investigation. 
(viii) The head of any other agency or 
department of the United States Govern-
ment designated by the President for pur-
poses of this section. 
(d) MEETINGS.—The committee shall meet on a reg-
ular basis. 
(e) DUTIES.—The duties of the committee estab-
lished by subsection (b) shall be as follows: 
(1) To counter active measures by Russia to 
exert covert influence, including by exposing false-
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hoods, agents of influence, corruption, human rights 
abuses, terrorism, and assassinations carried out by 
the security services or political elites of the Russian 
Federation or their proxies. 
(2) Such other duties as the President may des-
ignate for purposes of this section. 
(f) STAFF.—The committee established by subsection 
(b) may employ such staff as the members of such com-
mittee consider appropriate. 
(g) BUDGET REQUEST.—A request for funds re-
quired for the functioning of the committee established by 
subsection (b) may be included in each budget for a fiscal 
year submitted by the President pursuant to section 
1105(a) of title 31, United States Code. 
(h) ANNUAL REPORT.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter, and consistent with the protection 
of intelligence sources and methods, the committee 
established by subsection (b) shall submit to the ap-
propriate committees of Congress a report describing 
steps being taken by the committee to counter active 
measures by Russia to exert covert influence. 
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(2) MATTERS INCLUDED.—Each report under 
paragraph (1) shall include a summary of the fol-
lowing: 
(A) Active measures by Russia to exert 
covert influence during the previous year, in-
cluding significant incidents and notable trends. 
(B) Key initiatives of the committee. 
(C) Implementation of the committee’s ini-
tiatives by the heads of the agencies and de-
partments of the United States Government 
specified in subsection (c)(1)(B). 
(D) Analysis of the success of such initia-
tives. 
(E) Changes to such initiatives from the 
previous year. 
(3) SEPARATE
REPORTING
REQUIREMENT.— 
The requirement to submit an annual report under 
paragraph (1) is in addition to any other reporting 
requirements with respect to Russia. 
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SEC. 502. LIMITATION ON TRAVEL OF ACCREDITED DIP-
LOMATS AND CONSULARS OF THE RUSSIAN 
FEDERATION IN THE UNITED STATES FROM 
THEIR DIPLOMATIC POST. 
(a) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the congressional intelligence committees; 
(2) the Committee on Foreign Relations and 
the Committee on the Judiciary of the Senate; and 
(3) the Committee on Foreign Affairs and the 
Committee on the Judiciary of the House of Rep-
resentatives. 
(b) QUARTERLY
LIMITATION
ON
TRAVEL
DIS-
TANCE.—Accredited diplomatic personnel and consulars of 
the Russian Federation in the United States may not be 
permitted to travel a distance in excess of 25 miles from 
their diplomatic post in the United States in a calendar 
quarter unless, on or before the last day of the preceding 
calendar quarter, the Director of the Federal Bureau of 
Investigation has certified in writing to the appropriate 
committees of Congress that during the preceding cal-
endar quarter the Bureau did not identify any violations 
by accredited diplomatic personnel and consulars of the 
Russian Federation of applicable requirements to notify 
the United States Government in connection with travel 
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by such diplomatic personnel and consulars of a distance 
in excess of 25 miles from their diplomatic post in the 
United States. 
(c) APPLICABILITY.—Subsection (b) shall apply to 
each calendar quarter that begins more than 90 days after 
the date of the enactment of this Act. 
(d) WAIVER AUTHORITY.— 
(1) IN GENERAL.—The Director of the Federal 
Bureau of Investigation may waive any travel dis-
tance limitation imposed by subsection (b) if the Di-
rector determines that such a waiver will further the 
law enforcement or national security interests of the 
United States. 
(2) NOTIFICATION.—Not later than 15 days 
after issuing a waiver under paragraph (1), the Di-
rector of the Federal Bureau of Investigation shall 
submit to the appropriate committees of Congress a 
notification that such waiver has been issued and the 
justification for the issuance of such waiver. 
SEC. 503. STUDY AND REPORT ON ENHANCED INTEL-
LIGENCE AND INFORMATION SHARING WITH 
OPEN SKIES TREATY MEMBER STATES. 
(a) DEFINITIONS.—In this section: 
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(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) congressional intelligence committees; 
(B) the Committee on Armed Services and 
the Committee on Foreign Relations of the Sen-
ate; and 
(C) the Committee on Armed Services and 
the Committee on Foreign Affairs of the House 
of Representatives. 
(2) COVERED STATE PARTY.—The term ‘‘cov-
ered state party’’ means a foreign country, that— 
(A) was a state party to the Open Skies 
Treaty on February 22, 2016; and 
(B) is not the Russian Federation or the 
Republic of Belarus. 
(3) OPEN
SKIES
TREATY.—The term ‘‘Open 
Skies Treaty’’ means the Treaty on Open Skies, 
done at Helsinki March 24, 1992, and entered into 
force January 1, 2002. 
(b) FEASIBILITY STUDY.— 
(1) REQUIREMENT FOR STUDY.—Not later than 
180 days after the date of the enactment of this Act, 
the Director of National Intelligence shall conduct 
and submit to the appropriate committees of Con-
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gress a study to determine the feasibility of creating 
an intelligence sharing arrangement and database to 
provide covered state parties with imagery that is 
comparable, delivered more frequently, and in equal 
or higher resolution than imagery available through 
the database established under the Open Skies Trea-
ty. 
(2) ELEMENTS.—The study required by para-
graph (1) shall include an evaluation of the fol-
lowing: 
(A) The methods by which the United 
States could collect and provide imagery, in-
cluding commercial satellite imagery, national 
technical means, and through other intelligence, 
surveillance, 
and 
reconnaissance 
platforms, 
under an information sharing arrangement and 
database referred to in paragraph (1). 
(B) The ability of other covered state par-
ties to contribute imagery to the arrangement 
and database. 
(C) Any impediments to the United States 
and other covered states parties providing such 
imagery, including any statutory barriers, 
insufficiencies in the ability to collect the im-
agery or funding, under such an arrangement. 
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(D) 
Whether 
imagery 
of 
Moscow, 
Chechnya, the international border between 
Russia and Georgia, Kaliningrad, or the Repub-
lic of Belarus could be provided under such an 
arrangement. 
(E) The annual and projected costs associ-
ated with the establishment of such an arrange-
ment and database, as compared with costs to 
the United States and other covered state par-
ties of being parties to the Open Skies Treaty, 
including Open Skies Treaty plane mainte-
nance, aircraft fuel, crew expenses, mitigation 
measures necessary associated with Russian 
Federation overflights over the United States or 
covered state parties, and new sensor develop-
ment and acquisition. 
(3) SUPPORT
FROM
OTHER
FEDERAL
AGEN-
CIES.—Each head of a Federal agency shall provide 
such support to the Director as may be necessary 
for the Director to conduct the study required by 
paragraph (1). 
(c) REPORT.— 
(1) REQUIREMENT
FOR
REPORT.—Not later 
than 180 days after the date of the enactment of 
this Act, the Director of National Intelligence shall 
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submit to the appropriate committees of Congress 
the report described in this subsection. 
(2) CONTENT
OF
REPORT.—The report re-
quired by paragraph (1) shall include the following: 
(A) An intelligence assessment on Russian 
Federation warfighting doctrine and the extent 
to which Russian Federation flights under the 
Open Skies Treaty contribute to such doctrine. 
(B) A counterintelligence analysis as to 
whether the Russian Federation has, could 
have, or intends to have the capability to exceed 
the imagery limits set forth in the Open Skies 
Treaty. 
(C) A list of intelligence exchanges with 
covered state parties that have been updated on 
the information described in subparagraphs (A) 
and (B) and the date and form such informa-
tion was provided. 
(d) FORM OF SUBMISSION.—The study required by 
subsection (b) and the report required by subsection (c) 
shall be submitted in an unclassified form but may include 
a classified annex. 
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TITLE VI—PRIVACY AND CIVIL 
LIBERTIES OVERSIGHT BOARD 
SEC. 601. INFORMATION ON ACTIVITIES OF THE PRIVACY 
AND CIVIL LIBERTIES OVERSIGHT BOARD. 
Subsection (e) of section 1061 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (42 U.S.C. 
2000ee(e)) is amended— 
(1) by striking the subsection heading and in-
serting ‘‘REPORTS AND OVERSIGHT ACTIVITIES.—’’; 
and 
(2) by adding at the end the following: 
‘‘(3) INFORMATION.— 
‘‘(A) OVERSIGHT ACTIVITIES.—In addition 
to the reports submitted under paragraph 
(1)(B), the Board shall ensure that each official 
and congressional committee specified in sub-
paragraph (B) is kept fully and currently in-
formed of the oversight activities of the Board, 
including any significant anticipated oversight 
activities. 
‘‘(B) OFFICIALS
AND
CONGRESSIONAL 
COMMITTEES
SPECIFIED.—The officials and 
congressional committees specified in this sub-
paragraph are the following: 
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‘‘(i) The Director of National Intel-
ligence. 
‘‘(ii) The head of any element of the 
intelligence community (as defined in sec-
tion 3(4) of the National Security Act of 
1947 (50 U.S.C. 3003(4)) the activities of 
which are, or are anticipated to be, the 
subject of the Board’s oversight activities. 
‘‘(iii) The Select Committee on Intel-
ligence of the Senate and the Permanent 
Select Committee on Intelligence of the 
House of Representatives. 
‘‘(C) EXEMPTION FOR STATUTORY ADVICE 
FUNCTION.—This paragraph shall not apply to 
exercises of the Board’s advice function as set 
out in subsection (d)(1). 
‘‘(D) PRESERVATION
OF
PRIVILEGE.— 
Nothing in this paragraph may be construed to 
abridge or require waiver of any applicable 
privilege. 
‘‘(4) REPORTS ON ADVICE TO ELEMENTS OF 
THE INTELLIGENCE COMMUNITY.—Whenever an ele-
ment of the intelligence community acts in con-
travention of the advice provided by the Board 
under subsection (d)(1), the Board shall, no less 
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than 30 days after the action in contravention of the 
Board’s advice, notify the Select Committee on In-
telligence of the Senate and the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives of the provision of advice and of the ac-
tion by the element of the intelligence community.’’. 
SEC. 602. 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)).’’. 
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(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 
section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (42 U.S.C. 2000ee). 
TITLE VII—REPORTS AND 
OTHER MATTERS 
SEC. 701. DECLASSIFICATION REVIEW WITH RESPECT TO 
DETAINEES TRANSFERRED FROM UNITED 
STATES NAVAL STATION, GUANTANAMO BAY, 
CUBA. 
(a) IN GENERAL.—For each individual detained at 
United States Naval Station, Guantanamo Bay, Cuba, 
after September 11, 2001, who was transferred or released 
from United States Naval Station, Guantanamo Bay, 
Cuba, the Director of National Intelligence shall— 
(1)(A) complete a declassification review of in-
telligence reports regarding past terrorist activities 
of that individual prepared by the National Counter-
terrorism Center for the individual’s Periodic Review 
Board sessions, transfer, or release; or 
(B) if the individual’s transfer or release oc-
curred prior to the date on which the National 
Counterterrorism Center first began to prepare such 
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reports regarding detainees, such other intelligence 
report or reports that contain the same or similar 
information regarding the individual’s past terrorist 
activities; 
(2) make available to the public— 
(A) any intelligence reports declassified as 
a result of the declassification review; and 
(B) with respect to each individual trans-
ferred or released, for whom intelligence reports 
are declassified as a result of the declassifica-
tion review, an unclassified summary which 
shall be prepared by the President of measures 
being taken by the country to which the indi-
vidual was transferred or released to monitor 
the individual and to prevent the individual 
from carrying out future terrorist activities; and 
(3) submit to the congressional intelligence 
committees a report setting out the results of the de-
classification review, including a description of intel-
ligence reports covered by the review that were not 
declassified. 
(b) SCHEDULE.— 
(1) TRANSFER OR RELEASE PRIOR TO ENACT-
MENT.—Not later than 210 days after the date of 
the enactment of this Act, the Director of National 
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Intelligence shall submit the report required by sub-
section (a)(3), which shall include the results of the 
declassification review completed for each individual 
detained at United States Naval Station, Guanta-
namo Bay, Cuba, who was transferred or released 
from United States Naval Station, Guantanamo 
Bay, prior to the date of the enactment of this Act. 
(2) TRANSFER
OR
RELEASE
AFTER
ENACT-
MENT.—Not later than 120 days after the date an 
individual detained at United States Naval Station, 
Guantanamo Bay, on or after the date of the enact-
ment of this Act is transferred or released from 
United States Naval Station, Guantanamo Bay, the 
Director shall submit the report required by sub-
section (a)(3) for such individual. 
(c) PAST TERRORIST ACTIVITIES.—For purposes of 
this section, the past terrorist activities of an individual 
shall include all terrorist activities conducted by the indi-
vidual before the individual’s transfer to the detention fa-
cility 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. 
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(3) The role in past terrorist attacks against 
United States interests or allies. 
(4) The direct responsibility, if any, for the 
death of United States citizens or members of the 
Armed Forces. 
(5) Any admission of any matter specified in 
paragraphs (1) through (4). 
SEC. 702. CYBER CENTER FOR EDUCATION AND INNOVA-
TION HOME OF THE NATIONAL CRYPTOLOGIC 
MUSEUM. 
(a) AUTHORITY TO ESTABLISH AND OPERATE CEN-
TER.—Chapter 449 of title 10, United States Code, is 
amended by adding at the end the following new section: 
‘‘§ 4781. Cyber Center for Education and Innovation 
Home of the National Cryptologic Mu-
seum 
‘‘(a) ESTABLISHMENT.—(1) The Secretary of De-
fense may establish at a publicly accessible location at 
Fort George G. Meade the ‘Cyber Center for Education 
and Innovation Home of the National Cryptologic Mu-
seum’ (in this section referred to as the ‘Center’). 
‘‘(2) The Center may be used for the identification, 
curation, storage, and public viewing of materials relating 
to the activities of the National Security Agency, any pred-
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ecessor or successor organizations of such Agency, and the 
history of cryptology. 
‘‘(3) The Center may contain meeting, conference, 
and classroom facilities that will be used to support such 
education, training, public outreach, and other purposes 
as the Secretary considers appropriate. 
‘‘(b) DESIGN, CONSTRUCTION, AND OPERATION.— 
The Secretary may enter into an agreement with the Na-
tional Cryptologic Museum Foundation (in this section re-
ferred to as the ‘Foundation’), a nonprofit organization, 
for the design, construction, and operation of the Center. 
‘‘(c) ACCEPTANCE AUTHORITY.—(1) If the Founda-
tion constructs the Center pursuant to an agreement with 
the Foundation under subsection (b), upon satisfactory 
completion of the Center’s construction or any phase 
thereof, as determined by the Secretary, and upon full sat-
isfaction by the Foundation of any other obligations pur-
suant to such agreement, the Secretary may accept the 
Center (or any phase thereof) from the Foundation, and 
all right, title, and interest in the Center or such phase 
shall vest in the United States. 
‘‘(2) Notwithstanding section 1342 of title 31, the 
Secretary may accept services from the Foundation in con-
nection with the design construction, and operation of the 
Center. For purposes of this section and any other provi-
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sion of law, employees or personnel of the Foundation 
shall not be considered to be employees of the United 
States. 
‘‘(d) FEES AND USER CHARGES.—(1) The Secretary 
may assess fees and user charges to cover the cost of the 
use of Center facilities and property, including rental, 
user, conference, and concession fees. 
‘‘(2) Amounts received under paragraph (1) shall be 
deposited into the fund established under subsection (e). 
‘‘(e) FUND.—(1) Upon the Secretary’s acceptance of 
the Center under subsection (c)(1)) there is established 
in the Treasury a fund to be known as the ‘Cyber Center 
for Education and Innovation-Home of the National 
Cryptologic Museum Fund’ (in this subsection referred to 
as the ‘Fund’). 
‘‘(2) The Fund shall consist of the following amounts: 
‘‘(A) Fees and user charges deposited by the 
Secretary under subsection (d). 
‘‘(B) Any other amounts received by the Sec-
retary which are attributable to the operation of the 
Center. 
‘‘(3) Amounts in the Fund shall be available to the 
Secretary for the benefit and operation of the Center, in-
cluding the costs of operation and the acquisition of books, 
manuscripts, works of art, historical artifacts, drawings, 
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plans, models, and condemned or obsolete combat mate-
riel.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 449 of title 10, United State 
Code, is amended by adding at the end the following new 
item: 
‘‘4781. Cyber Center for Education and Innovation Home of the National 
Cryptologic Museum.’’. 
SEC. 703. OVERSIGHT OF NATIONAL SECURITY SYSTEMS. 
(a) IN GENERAL.—Section 3557 of title 44, United 
States Code, is amended— 
(1) by striking ‘‘The head’’ and inserting the 
following: 
‘‘(c) RESPONSIBILITIES OF AGENCIES.—The head’’; 
and 
(2) by inserting before subsection (c), as des-
ignated by paragraph (1), the following: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BINDING OPERATIONAL DIRECTIVE.—Not-
withstanding section 3552(b), the term ‘binding 
operational directive’ means a compulsory direction 
to an agency that— 
‘‘(A) is for purposes of safeguarding na-
tional security information and information sys-
tems from a known or reasonably suspected in-
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formation security threat, vulnerability, or risk; 
and 
‘‘(B) shall be in accordance with policies, 
principles, standards, and guidelines issued by 
the Committee. 
‘‘(2) 
COMMITTEE.—The 
term 
‘Committee’ 
means the committee established pursuant to Na-
tional Security Directive 42, signed by the President 
on July 5, 1990. 
‘‘(3) NATIONAL MANAGER.—The term ‘National 
Manager’ means the national manager referred to in 
National Security Directive 42, signed by the Presi-
dent on July 5, 1990. 
‘‘(b) OVERSIGHT BY NATIONAL MANAGER.— 
‘‘(1) DESIGNATION.—The Director of the Na-
tional Security Agency shall serve as the National 
Manager. 
‘‘(2) REGISTRATION
OF
NATIONAL
SECURITY 
SYSTEMS.— 
‘‘(A) IN
GENERAL.—Each head of an 
agency that operates or exercises control of a 
national security system shall register such sys-
tem and its configuration with the National 
Manager. 
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‘‘(B) LIMITATION.—The head of an agency 
operating or exercising control of a national se-
curity system may not operate or exercise con-
trol of such national security system until such 
head receives a letter from the National Man-
ager that acknowledges registration of such na-
tional security system. 
‘‘(3) AUTHORITY TO INSPECT.—The National 
Manager, in consultation with the head of an agency 
that operates or exercises control of a national secu-
rity system, may, as the National Manager considers 
appropriate, inspect such system— 
‘‘(A) for adherence to such standards as 
the Committee may establish for national secu-
rity systems; and 
‘‘(B) to confirm whether the national secu-
rity system coheres with its configuration reg-
istered under paragraph (2). 
‘‘(4) BINDING OPERATIONAL DIRECTIVES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the National Manager, in 
consultation with the Committee, may issue 
such binding operational directives as the Na-
tional Manager considers appropriate to ensure 
the security of a national security system. 
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‘‘(B) LIMITATION.—In any case in which 
the National Manager issues an operational di-
rective under subparagraph (A) with respect to 
a national security system operated or con-
trolled by an agency, such operational directive 
shall not be considered binding if the head of 
such agency submits to the National Manager 
a certification that the operational directive 
would degrade national security. 
‘‘(C) ANNUAL
REPORT.—Not less fre-
quently than once each year, the National Man-
ager shall submit to the Select Committee on 
Intelligence of the Senate and the Permanent 
Select Committee on Intelligence of the House 
of Representatives a report on the certifications 
submitted to the National Manager under sub-
paragraph (B) in the most recent year pre-
ceding the report.’’. 
(b) CONSIDERATION OF CERTAIN ROUTINE ADMINIS-
TRATIVE AND BUSINESS APPLICATIONS AS NATIONAL SE-
CURITY SYSTEMS.— 
(1) TITLE 40.—Section 11103(a) of title 40, 
United States Code, is amended— 
(A) by striking paragraph (2); 
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(B) in paragraph (1)(E), by striking ‘‘sub-
ject to paragraph (2),’’; 
(C) by striking ‘‘DEFINITION.—’’ and all 
that follows through ‘‘In this section’’ and in-
serting ‘‘NATIONAL
SECURITY
SYSTEM
DE-
FINED.—In this section’’; and 
(D) by redesignating subparagraphs (A) 
through (E) as paragraphs (1) through (5), re-
spectively, and moving such paragraphs 2 ems 
to the left. 
(2) TITLE 44.—Section 3552(b)(6) of title 44, 
United States Code, is amended— 
(A) by striking subparagraph (B); 
(B) in subparagraph (A), by striking 
‘‘(A)’’; 
(C) by redesignating clauses (i) and (ii) as 
subparagraphs (A) and (B), respectively; 
(D) 
by 
redesignating 
subclauses 
(I) 
through (V) as clauses (i) through (v), respec-
tively; and 
(E) in subparagraph (A)(v), as redesig-
nated, by striking ‘‘subject to subparagraph 
(B),’’. 
SEC. 704. JOINT FACILITIES CERTIFICATION. 
(a) FINDINGS.—Congress finds the following: 
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(1) The Director of National Intelligence set a 
strategic goal to use joint facilities as a means to 
save costs by consolidating administrative and sup-
port functions across multiple elements of the intel-
ligence community. 
(2) The use of joint facilities provides more op-
portunities for operational collaboration and infor-
mation sharing among elements of the intelligence 
community. 
(b) CERTIFICATION.—Before an element of the intel-
ligence community purchases, leases, or constructs a new 
facility that is 20,000 square feet or larger, the head of 
that element of the intelligence community shall submit 
to the Director of National Intelligence— 
(1) a certification that, to the best of the 
knowledge of the head of such element, all prospec-
tive joint facilities in the vicinity have been consid-
ered and the element is unable to identify a joint fa-
cility that meets the operational requirements of 
such element; and 
(2) a statement listing the reasons for not par-
ticipating in the prospective joint facilities consid-
ered by the element. 
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