Legislation
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 244 Enrolled Bill (ENR)]
H.R.244
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
An Act
Making appropriations for the fiscal year ending September 30, 2017, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2017''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Technical allowance for estimating differences.
Sec. 8. Correction.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations/Global War on Terrorism
Title X--Department of Defense--Additional Appropriations
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2017
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
Title IX--SOAR Reauthorization
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2017
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
Title VI--Department of Homeland Security--Additional Appropriations
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2017
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations/Global War on Terrorism
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION L--MILITARY CONSTRUCTION AND VETERANS AFFAIRS--ADDITIONAL
APPROPRIATIONS ACT, 2017
Title I--Overseas Contingency Operations
Title II--Department of Veterans Affairs
Title III--General Provision--This Division
DIVISION M--OTHER MATTERS
Title I--Health Benefits for Miners Act of 2017
Title II--Puerto Rico Section 1108(g) Amendment of 2017
Title III--General Provision
DIVISION N--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
DIVISION O--HONORING INVESTMENTS IN RECRUITING AND EMPLOYING AMERICAN
MILITARY VETERANS ACT OF 2017
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about May 2, 2017, and
submitted by the Chairman of the Committee on Appropriations of the
House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2017.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES.
If, for fiscal year 2017, new budget authority provided in
appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the
discretionary spending limit in such category for fiscal year 2017
shall be made by the Director of the Office of Management and Budget in
the amount of the excess but the total of all such adjustments shall
not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
SEC. 8. CORRECTION.
The Further Continuing and Security Assistance Appropriations Act,
2017 (Public Law 114-254) is amended by changing the long title so as
to read: ``Making further continuing appropriations for the fiscal year
ending September 30, 2017, and for other purposes.''.
...
DIVISION N--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2017''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Support to nonprofit organizations assisting intelligence
community employees.
Sec. 304. Promotion of science, technology, engineering, and mathematics
education in the intelligence community.
Sec. 305. Retention of employees of the intelligence community who have
science, technology, engineering, or mathematics expertise.
Sec. 306. Management of intelligence community personnel.
Sec. 307. Notification of repair or modification of facilities to be
used primarily by the intelligence community.
Sec. 308. Guidance and reporting requirement regarding the interactions
between the intelligence community and entertainment industry.
Sec. 309. Protections for independent inspectors general of certain
elements of the intelligence community.
Sec. 310. Congressional oversight of policy directives and guidance.
Sec. 311. Notification of memoranda of understanding.
Sec. 312. Technical correction to Executive Schedule.
Sec. 313. Maximum amount charged for declassification reviews.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Designation of the Director of the National
Counterintelligence and Security Center.
Sec. 402. Analyses and impact statements by Director of National
Intelligence regarding investment into the United States.
Sec. 403. Assistance for governmental entities and private entities in
recognizing online violent extremist content.
Subtitle B--Central Intelligence Agency
Sec. 411. Enhanced death benefits for personnel of the Central
Intelligence Agency.
Sec. 412. Pay and retirement authorities of the Inspector General of the
Central Intelligence Agency.
Subtitle C--Other Elements
Sec. 421. Enhancing the technical workforce for the Federal Bureau of
Investigation.
Sec. 422. Plan on assumption of certain weather missions by the National
Reconnaissance Office.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Sec. 501. Committee to counter active measures by the Russian Federation
to exert covert influence over peoples and governments.
Sec. 502. Strict enforcement of travel protocols and procedures of
accredited diplomatic and consular personnel of the Russian
Federation in the United States.
Sec. 503. Study and report on enhanced intelligence and information
sharing with Open Skies Treaty member states.
TITLE VI--REPORTS AND OTHER MATTERS
Sec. 601. Declassification review with respect to detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 602. Cyber Center for Education and Innovation-Home of the National
Cryptologic Museum.
Sec. 603. Report on national security systems.
Sec. 604. Joint facilities certification.
Sec. 605. Leadership and management of space activities.
Sec. 606. Advances in life sciences and biotechnology.
Sec. 607. Reports on declassification proposals.
Sec. 608. Improvement in Government classification and declassification.
Sec. 609. Report on implementation of research and development
recommendations.
Sec. 610. Report on Intelligence Community Research and Development
Corps.
Sec. 611. Report on information relating to academic programs,
scholarships, fellowships, and internships sponsored,
administered, or used by the intelligence community.
Sec. 612. Report on intelligence community employees detailed to
National Security Council.
Sec. 613. Intelligence community reporting to Congress on foreign
fighter flows.
Sec. 614. Report on cybersecurity threats to seaports of the United
States and maritime shipping.
Sec. 615. Report on reprisals against contractors of the intelligence
community.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' 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 that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 3. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the
House section of the Congressional Record on or about May 3, 2017, by
the Chairman of the Permanent Select Committee on Intelligence of the
House of Representatives, shall have the same effect with respect to
the implementation of this division as if it were a joint explanatory
statement of a committee of conference.
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 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.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--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 division of 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 referred to in subsection
(a), or of appropriate portions of such 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.
SEC. 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--
(1) 3 percent of the number of civilian personnel authorized
under such schedule for such element; or
(2) 10 percent of the number of civilian personnel authorized
under such schedule for such element for the purposes of converting
the performance of any function by contractors to performance by
civilian personnel.
(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.--Not later
than 15 days prior to the exercise of an authority described in
subsection (a), the Director of National Intelligence shall submit to
the congressional intelligence committees--
(1) a written notice of the exercise of such authority; and
(2) in the case of an exercise of such authority subject to the
limitation in subsection (a)(2), a written justification for the
contractor conversion that includes a comparison of whole of
government costs.
SEC. 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
$563,588,000. 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 Intelligence 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 made available 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).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 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.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division 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.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED
BY LAW.
Appropriations authorized by this division 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. 303. SUPPORT TO NONPROFIT ORGANIZATIONS ASSISTING INTELLIGENCE
COMMUNITY EMPLOYEES.
(a) Director of National Intelligence.--Section 102A of the
National Security Act of 1947 (50 U.S.C. 3024) is amended by adding at
the end the following:
``(y) Fundraising.--(1) The Director of National Intelligence may
engage in fundraising in an official capacity for the benefit of
nonprofit organizations that--
``(A) provide support to surviving family members of a deceased
employee of an element of the intelligence community; or
``(B) otherwise provide support for the welfare, education, or
recreation of employees of an element of the intelligence
community, former employees of an element of the intelligence
community, or family members of such employees.
``(2) In this subsection, the term `fundraising' means the raising
of funds through the active participation in the promotion, production,
or presentation of an event designed to raise funds and does not
include the direct solicitation of money by any other means.
``(3) Not later than 7 days after the date the Director engages in
fundraising authorized by this subsection or at the time the decision
is made to participate in such fundraising, the Director shall notify
the congressional intelligence committees of such fundraising.
``(4) The Director, in consultation with the Director of the Office
of Government Ethics, shall issue regulations to carry out the
authority provided in this subsection. Such regulations shall ensure
that such authority is exercised in a manner that is consistent with
all relevant ethical constraints and principles, including the
avoidance of any prohibited conflict of interest or appearance of
impropriety.''.
(b) Director of the Central Intelligence Agency.--Section 12(f) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3512(f)) is
amended by adding at the end the following:
``(3) Not later than the date that is 7 days after the date the
Director engages in fundraising authorized by this subsection or at the
time the decision is made to participate in such fundraising, the
Director shall notify the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of the House
of Representatives of the fundraising.''.
SEC. 304. PROMOTION OF SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION IN THE INTELLIGENCE COMMUNITY.
(a) Requirement for Investment Strategy for STEM Recruiting and
Outreach Activities.--Along with the budget for fiscal year 2018
submitted by the President pursuant to section 1105(a) of title 31,
United States Code, the Director of National Intelligence shall submit
a five-year investment strategy for outreach and recruiting efforts in
the fields of science, technology, engineering, and mathematics (STEM),
to include cybersecurity and computer literacy.
(b) Requirement for Intelligence Community Plans for STEM
Recruiting and Outreach Activities.--For each of the fiscal years 2018
through 2022, the head of each element of the intelligence community
shall submit an investment plan along with the materials submitted as
justification of the budget request of such element that supports the
strategy required by subsection (a).
SEC. 305. RETENTION OF EMPLOYEES OF THE INTELLIGENCE COMMUNITY WHO
HAVE SCIENCE, TECHNOLOGY, ENGINEERING, OR MATHEMATICS EXPERTISE.
(a) Special Rates of Pay for Certain Occupations in the
Intelligence Community.--The National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended by inserting after section 113A the following:
``SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY,
ENGINEERING, OR MATHEMATICS POSITIONS.
``(a) Authority To Set Special Rates of Pay.--Notwithstanding part
III of title 5, United States Code, the head of each element of the
intelligence community may establish higher minimum rates of pay for 1
or more categories of positions in such element that require expertise
in science, technology, engineering, or mathematics (STEM).
``(b) Maximum Special Rate of Pay.--A minimum rate of pay
established for a category of positions under subsection (a) may not
exceed the maximum rate of basic pay (excluding any locality-based
comparability payment under section 5304 of title 5, United States
Code, or similar provision of law) for the position in that category of
positions without the authority of subsection (a) by more than 30
percent, and no rate may be established under this section in excess of
the rate of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
``(c) Notification of Removal From Special Rate of Pay.--If the
head of an element of the intelligence community removes a category of
positions from coverage under a rate of pay authorized by subsection
(a) after that rate of pay takes effect--
``(1) the head of such element shall provide notice of the loss
of coverage of the special rate of pay to each individual in such
category; and
``(2) the loss of coverage will take effect on the first day of
the first pay period after the date of the notice.
``(d) Revision of Special Rates of Pay.--Subject to the limitations
in this section, rates of pay established under this section by the
head of the element of the intelligence community may be revised from
time to time by the head of such element and the revisions have the
force and effect of statute.
``(e) Regulations.--The head of each element of the intelligence
community shall promulgate regulations to carry out this section with
respect to such element, which shall, to the extent practicable, be
comparable to the regulations promulgated to carry out section 5305 of
title 5, United States Code.
``(f) Reports.--
``(1) Requirement for reports.--Not later than 90 days after
the date of the enactment of the Intelligence Authorization Act for
Fiscal Year 2017, the head of each element of the intelligence
community shall submit to the congressional intelligence committees
a report on any rates of pay established for such element under
this section.
``(2) Contents.--Each report required by paragraph (1) shall
contain for each element of the intelligence community--
``(A) a description of any rates of pay established under
subsection (a); and
``(B) the number of positions in such element that will be
subject to such rates of pay.''.
(b) Table of Contents 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 113A the following:
``Sec. 113B. Special pay authority for science, technology, engineering,
or math positions.''.
SEC. 306. MANAGEMENT OF INTELLIGENCE COMMUNITY PERSONNEL.
(a) Multi-sector Workforce Initiative.--
(1) Requirement.--Beginning on October 1, 2018, the Director of
National Intelligence shall improve management of the workforce of
the intelligence community by enabling elements of the intelligence
community to build and maintain an appropriate mix between
employees of the United States Government and core contractors.
(2) Briefing to congress.--Not later than July 1, 2017, and
each 120 days thereafter until July 1, 2018, the Director of
National Intelligence shall brief the congressional intelligence
committees on the initiative required by paragraph (1).
(b) Management Based on Workload Requirements and Authorized
Funding.--
(1) In general.--Beginning on October 1, 2018, the personnel
levels of the intelligence community shall be managed each fiscal
year on the basis of--
(A) the workload required to carry out the functions and
activities of the intelligence community; and
(B) the funds made available to the intelligence community
in accordance with section 504 of the National Security Act of
1947 (50 U.S.C. 3094).
(2) Prohibition on constraints or limitations.--Beginning on
October 1, 2018, the management of such personnel in the
intelligence community in any fiscal year shall not be subject to
an externally imposed constraint or limitation expressed in terms
of man years, end strength, full-time equivalent positions, or
maximum number of employees.
(c) Briefing and Report to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall issue a written report and provide a briefing to the
congressional intelligence committees on--
(1) the methodology used to calculate the number of civilian
and contractor full-time equivalent positions in the intelligence
community;
(2) the cost analysis tool used to calculate personnel costs in
the intelligence community; and
(3) the plans of the Director of National Intelligence and the
head of each element of the intelligence community to implement a
multi-sector workforce as required by subsections (a) and (b).
(d) Report.--Not later than 240 days after date of the enactment of
this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a written report on
the accuracy of intelligence community data for the numbers and costs
associated with the civilian and contractor workforce in each element
of the intelligence community.
SEC. 307. NOTIFICATION OF REPAIR OR MODIFICATION OF FACILITIES TO
BE USED PRIMARILY BY THE INTELLIGENCE COMMUNITY.
Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)(2)) is amended by striking ``improvement
project to'' and inserting ``project for the improvement, repair, or
modification of''.
SEC. 308. GUIDANCE AND REPORTING REQUIREMENT REGARDING THE
INTERACTIONS BETWEEN THE INTELLIGENCE COMMUNITY AND ENTERTAINMENT
INDUSTRY.
(a) Definitions.--In this section:
(1) Engagement.--The term ``engagement''--
(A) means any significant interaction between an element of
the intelligence community and an entertainment industry entity
for the purposes of contributing to an entertainment product
intended to be heard, read, viewed, or otherwise experienced by
the public; and
(B) does not include routine inquiries made by the press or
news media to the public affairs office of an intelligence
community.
(2) Entertainment industry entity.--The term ``entertainment
industry entity'' means an entity that creates, produces, promotes,
or distributes a work of entertainment intended to be heard, read,
viewed, or otherwise experienced by an audience, including--
(A) theater productions, motion pictures, radio broadcasts,
television broadcasts, podcasts, webcasts, other sound or
visual recording, music, or dance;
(B) books and other published material; and
(C) such other entertainment activity, as determined by the
Director of National Intelligence.
(b) Director of National Intelligence Guidance.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
issue, and release to the public, guidance regarding engagements by
elements of the intelligence community with entertainment industry
entities.
(2) Criteria.--The guidance required by paragraph (1) shall--
(A) permit an element of the intelligence community to
conduct engagements, if the head of the element, or a designee
of such head, provides prior approval; and
(B) require an unclassified annual report to the
congressional intelligence committees regarding engagements.
(c) Annual Report.--Each report required by subsection (b)(2)(B)
shall include the following:
(1) A description of the nature and duration of each engagement
included in the review.
(2) The cost incurred by the United States Government for each
such engagement.
(3) A description of the benefits to the United States
Government for each such engagement.
(4) A determination of whether any information was
declassified, and whether any classified information was improperly
disclosed, or each such engagement.
(5) A description of the work produced through each such
engagement.
SEC. 309. PROTECTIONS FOR INDEPENDENT INSPECTORS GENERAL OF CERTAIN
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) Limitation on Activities of Employees of an Office of Inspector
General.--
(1) Limitations.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
develop and implement a uniform policy for each covered office of
an inspector general to better ensure the independence of each such
office. Such policy shall include--
(A) provisions to prevent any conflict of interest related
to a matter any employee of a covered office of an inspector
general personally and substantially participated in during
previous employment;
(B) standards to ensure personnel of a covered office of an
inspector general are free both in fact and in appearance from
personal, external, and organizational impairments to
independence;
(C) provisions to permit the head of each covered office of
an inspector general to waive the application of the policy
with respect to an individual if such head--
(i) prepares a written and signed justification for
such waiver that sets out, in detail, the need for such
waiver, provided that waivers shall not be issued for in
fact impairments to independence; and
(ii) submits to the congressional intelligence
committees each such justification; and
(D) any other protections the Director determines
appropriate.
(2) Covered office of an inspector general defined.--The term
``covered office of an inspector general'' means--
(A) the Office of the Inspector General of the Intelligence
Community; and
(B) the office of an inspector general for--
(i) the Office of the Director of National
Intelligence;
(ii) the Central Intelligence Agency;
(iii) the National Security Agency;
(iv) the Defense Intelligence Agency;
(v) the National Geospatial-Intelligence Agency; and
(vi) the National Reconnaissance Office.
(3) Briefing to the congressional intelligence committees.--
Prior to the date that the policy required by paragraph (1) takes
effect, the Director of National Intelligence shall provide the
congressional intelligence committees a briefing on such policy.
(b) Limitation on Rotation of Employees of an Office of Inspector
General.--Section 102A(l)(3) of the National Security Act of 1947 (50
U.S.C. 3024(l)(3)) is amended by adding at the end the following:
``(D) The mechanisms prescribed under subparagraph (A) and any
other policies of the Director--
``(i) may not require an employee of an office of inspector
general for an element of the intelligence community, including the
Office of the Inspector General of the Intelligence Community, to
rotate to a position in an office or organization of such an
element over which such office of inspector general exercises
jurisdiction; and
``(ii) shall be implemented in a manner that exempts employees
of an office of inspector general from a rotation that may impact
the independence of such office.''.
SEC. 310. CONGRESSIONAL OVERSIGHT OF POLICY DIRECTIVES AND
GUIDANCE.
(a) Covered Policy Document Defined.--In this section, the term
``covered policy document'' means any classified or unclassified
Presidential Policy Directive, Presidential Policy Guidance, or other
similar policy document issued by the President, including any
classified or unclassified annex to such a Directive, Guidance, or
other document, that assigns tasks, roles, or responsibilities to the
intelligence community or an element of the intelligence community.
(b) Submissions to Congress.--The Director of National Intelligence
shall submit to the congressional intelligence committees the
following:
(1) Not later than 15 days after the date that a covered policy
document is issued, a written notice of the issuance and a summary
of the subject matter addressed by such covered policy document.
(2) Not later than 15 days after the date that the Director
issues any guidance or direction on implementation of a covered
policy document or implements a covered policy document, a copy of
such guidance or direction or a description of such implementation.
(3) Not later than 15 days after the date of the enactment of
this Act, for any covered policy document issued prior to such date
that is being implemented by any element of the intelligence
community or that is in effect on such date--
(A) a written notice that includes the date such covered
policy document was issued and a summary of the subject matter
addressed by such covered policy document; and
(B) if the Director has issued any guidance or direction on
implementation of such covered policy document or is
implementing such covered policy document, a copy of the
guidance or direction or a written description of such
implementation.
SEC. 311. NOTIFICATION OF MEMORANDA OF UNDERSTANDING.
(a) In General.--The head of each element of the intelligence
community shall submit to the congressional intelligence committees a
copy of each memorandum of understanding or other agreement regarding
significant operational activities or policy between or among such
element and any other entity or entities of the United States
Government--
(1) for such a memorandum or agreement that is in effect on the
date of the enactment of this Act, not later than 60 days after
such date; and
(2) for such a memorandum or agreement entered into after such
date, in a timely manner and not more than 60 days after the date
such memorandum or other agreement is entered into.
(b) Administrative Memorandum or Agreement.--Nothing in this
section may be construed to require an element of the intelligence
community to submit to the congressional intelligence committees any
memorandum or agreement that is solely administrative in nature,
including a memorandum or agreement regarding joint duty or other
routine personnel assignments.
SEC. 312. 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.''.
SEC. 313. 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 No. 13526,
a successor executive order, or any 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''); and
(2) may waive or reduce any processing fees in the same manner
as the head waives or reduces fees under such section 552.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. DESIGNATION OF THE DIRECTOR OF THE NATIONAL
COUNTERINTELLIGENCE AND SECURITY CENTER.
(a) In General.--
(1) In general.--Section 902 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read as
follows:
``SEC. 902. DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND
SECURITY CENTER.
``(a) Establishment.--There shall be a Director of the National
Counterintelligence and Security Center (referred to in this section as
the `Director'), who shall be appointed by the President, by and with
the advice and consent of the Senate.
``(b) Mission.--The mission of the Director shall be to serve as
the head of national counterintelligence for the United States
Government.
``(c) Duties.--Subject to the direction and control of the Director
of National Intelligence, the duties of the Director are as follows:
``(1) To carry out the mission referred to in subsection (b).
``(2) To act as chairperson of the National Counterintelligence
Policy Board established under section 811 of the
Counterintelligence and Security Enhancements Act of 1994 (50
U.S.C. 3381).
``(3) To act as head of the National Counterintelligence and
Security Center established under section 904.
``(4) To participate as an observer on such boards, committees,
and entities of the executive branch as the Director of National
Intelligence considers appropriate for the discharge of the mission
and functions of the Director and the National Counterintelligence
and Security Center under section 904.''.
(2) Table of contents amendment.--The table of contents in
section 1(b) of the Intelligence Authorization Act for Fiscal Year
2003 (Public Law 107-306; 116 Stat. 2383) is amended by striking
the item relating to section 902 and inserting the following:
``Sec. 902. Director of the National Counterintelligence and Security
Center.''.
(3) 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) shall not take effect,
or, if the date of the enactment of this Act is on or after the
effective date specified in subsection (b) of such section, such
amendment shall be deemed to not have taken effect.
(b) National Counterintelligence and Security Center.--
(1) In general.--Section 904 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
(A) by striking the section heading and inserting
``national counterintelligence and security center.''; and
(B) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Establishment.--There shall be a National Counterintelligence
and Security Center.
``(b) Head of Center.--The Director of the National
Counterintelligence and Security Center shall be the head of the
National Counterintelligence and Security Center.
``(c) Location of Center.--The National Counterintelligence and
Security Center shall be located in the Office of the Director of
National Intelligence.''.
(2) Functions.--Section 904(d) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383(d)) is amended--
(A) in the matter preceding paragraph (1), by striking
``National Counterintelligence Executive, the functions of the
Office of the National Counterintelligence Executive'' and
inserting ``Director of the National Counterintelligence and
Security Center, the functions of the National
Counterintelligence and Security Center'';
(B) in paragraph (5), in the matter preceding subparagraph
(A), by striking ``In consultation with'' and inserting ``At
the direction of''; and
(C) in paragraph (6), in the matter preceding subparagraph
(A), by striking ``Office'' and inserting ``National
Counterintelligence and Security Center''.
(3) Personnel.--Section 904(f) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383(f)) is amended--
(A) in paragraph (1), by striking ``Office of the National
Counterintelligence Executive may consist of personnel employed
by the Office'' and inserting ``National Counterintelligence
and Security Center may consist of personnel employed by the
Center''; and
(B) in paragraph (2), by striking ``National
Counterintelligence Executive'' and inserting ``Director of the
National Counterintelligence and Security Center''.
(4) Treatment of activities under certain administrative
laws.--Section 904(g) of the Counterintelligence Enhancement Act of
2002 (50 U.S.C. 3383(g)) is amended by striking ``Office shall be
treated as operational files of the Central Intelligence Agency for
purposes of section 701 of the National Security Act of 1947 (50
U.S.C. 431)'' and inserting ``National Counterintelligence and
Security Center shall be treated as operational files of the
Central Intelligence Agency for purposes of section 701 of the
National Security Act of 1947 (50 U.S.C. 3141)''.
(5) Oversight by congress.--Section 904(h) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(h)) is
amended--
(A) in the matter preceding paragraph (1), by striking
``Office of the National Counterintelligence Executive'' and
inserting ``National Counterintelligence and Security Center'';
and
(B) in paragraphs (1) and (2), by striking ``Office'' and
inserting ``Center'' both places that term appears.
(6) Table of contents amendment.--The table of contents in
section 1(b) of the Intelligence Authorization Act for Fiscal Year
2003 (Public Law 107-306; 116 Stat. 2383), as amended by subsection
(a)(2), is further amended by striking the item relating to section
904 and inserting the following:
``Sec. 904. National Counterintelligence and Security Center.''.
(c) Oversight of National Intelligence Centers.--Section 102A(f)(2)
of the National Security Act of 1947 (50 U.S.C. 3024(f)(2)) is amended
by inserting ``, the National Counterproliferation Center, and the
National Counterintelligence and Security Center'' after ``National
Counterterrorism Center''.
(d) Director of the National Counterintelligence and Security
Center Within the Office of the Director of National Intelligence.--
Paragraph (8) of section 103(c) of the National Security Act of 1947
(50 U.S.C. 3025(c)) is amended to read as follows:
``(8) The Director of the National Counterintelligence and
Security Center.''.
(e) Duties of the Director of the National Counterintelligence and
Security Center.--
(1) In general.--Section 103F of the National Security Act of
1947 (50 U.S.C. 3031) is amended--
(A) by striking the section heading and inserting
``director of the national counterintelligence and security
center'';
(B) in subsection (a)--
(i) by striking the subsection heading and inserting
``Director of the National Counterintelligence and Security
Center.--''; and
(ii) by striking ``National Counterintelligence
Executive under section 902 of the Counterintelligence
Enhancement Act of 2002 (title IX of Public Law 107-306; 50
U.S.C. 402b et seq.)'' and inserting ``Director of the
National Counterintelligence and Security Center appointed
under section 902 of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 3382)''; and
(C) in subsection (b), by striking ``National
Counterintelligence Executive'' and inserting ``Director of the
National Counterintelligence and Security Center''.
(2) Table of contents amendment.--The table of contents 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.''.
(f) Coordination of Counterintelligence Activities.--Section 811 of
the Counterintelligence and Security Enhancements Act of 1994 (50
U.S.C. 3381) is amended--
(1) in subsection (b), by striking ``National
Counterintelligence Executive under section 902 of the
Counterintelligence Enhancement Act of 2002'' and inserting
``Director of the National Counterintelligence and Security Center
appointed under section 902 of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 3382)'';
(2) in subsection (c)(1), by striking ``National
Counterintelligence Executive.'' and inserting ``Director of the
National Counterintelligence and Security Center.''; and
(3) in subsection (d)(1)(B)(ii)--
(A) by striking ``National Counterintelligence Executive''
and inserting ``Director of the National Counterintelligence
and Security Center''; and
(B) by striking ``by the Office of the National
Counterintelligence Executive under section 904(e)(2) of that
Act'' and inserting ``pursuant to section 904(d)(2) of that Act
(50 U.S.C. 3383(d)(2))''.
(g) Intelligence and National Security Aspects of Espionage
Prosecutions.--Section 341(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 28 U.S.C. 519 note) is amended by
striking ``Office of the National Counterintelligence Executive,'' and
inserting ``National Counterintelligence and Security Center,''.
SEC. 402. ANALYSES AND IMPACT STATEMENTS BY DIRECTOR OF NATIONAL
INTELLIGENCE REGARDING INVESTMENT INTO THE UNITED STATES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024),
as amended by section 303, is further amended by adding at the end the
following new subsection:
``(z) Analyses and Impact Statements Regarding Proposed Investment
Into the United States.--(1) Not later than 20 days after the
completion of a review or an investigation of any proposed investment
into the United States for which the Director has prepared analytic
materials, the Director shall submit to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representative copies of such analytic
materials, including any supplements or amendments to such analysis
made by the Director.
``(2) Not later than 60 days after the completion of consideration
by the United States Government of any investment described in
paragraph (1), the Director shall determine whether such investment
will have an operational impact on the intelligence community, and, if
so, shall submit a report on such impact to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives. Each such report shall--
``(A) describe the operational impact of the investment on the
intelligence community; and
``(B) describe any actions that have been or will be taken to
mitigate such impact.''.
SEC. 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, and
consistent with the protection of intelligence sources and methods, 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.
Subtitle B--Central Intelligence Agency
SEC. 411. ENHANCED DEATH BENEFITS FOR PERSONNEL OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 11 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3511) is amended to read as follows:
``benefits available in event of the death of personnel
``Sec. 11. (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.) or any other provision of law. The Director may adjust the
eligibility for death benefits as necessary to meet the unique
requirements of the mission of the Agency.
``(b) Regulations.--Regulations issued pursuant to this section
shall be submitted to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of the House
of Representatives before such regulations take effect.''.
SEC. 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)) is amended by adding at the
end the following new subparagraph:
``(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 of title 5, United States Code, if such officer or employee is
appointed to a position with responsibility for investigating suspected
offenses against the criminal laws of the United States.
``(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)), as
added by subsection (a), may not be construed to confer on the
Inspector General of the Central Intelligence Agency, or any other
officer or employee of the Agency, any police or law enforcement or
internal security functions or authorities.
Subtitle C--Other Elements
SEC. 421. ENHANCING THE TECHNICAL WORKFORCE FOR THE FEDERAL BUREAU
OF INVESTIGATION.
(a) Report Required.--Building on the basic cyber human capital
strategic plan provided to the congressional intelligence committees in
2015, not later than 180 days after the date of the enactment of this
Act and updated two years thereafter, the Director of the Federal
Bureau of Investigation shall submit to the congressional intelligence
committees, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives a
comprehensive strategic workforce report regarding initiatives to
effectively integrate information technology expertise in the
investigative process.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment, including measurable benchmarks, of progress
on initiatives to recruit, train, and retain personnel with the
necessary skills and experiences in vital areas, including
encryption, cryptography, 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, including 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.
SEC. 422. PLAN ON ASSUMPTION OF CERTAIN WEATHER MISSIONS BY THE
NATIONAL RECONNAISSANCE OFFICE.
(a) Plan.--
(1) In general.--Except as provided in subsection (c), 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 July 1, 2017, and except as
provided in subsection (c), 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, 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) Waiver Based on Report and Certification of Air Force
Acquisition Program.--The Director of the National Reconnaissance
Office may waive the requirement 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 committees a report by not later than
July 1, 2017) that contains--
(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 the cloud characterization and
theater weather imagery requirements of the Department of Defense;
and
(2) an identification of the cost, schedule, requirements, and
acquisition strategy of such acquisition program.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(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) Covered space-based environmental monitoring missions.--The
term ``covered space-based environmental monitoring missions''
means the acquisition programs necessary to meet the national
security requirements for cloud characterization and theater
weather imagery.
(3) Milestone a approval.--The term ``Milestone A approval''
has the meaning given that term in section 2366a(d) of title 10,
United States Code.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
SEC. 501. COMMITTEE TO COUNTER ACTIVE MEASURES BY THE RUSSIAN
FEDERATION TO EXERT COVERT INFLUENCE OVER PEOPLES AND
GOVERNMENTS.
(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 Federation has been hidden or not acknowledged
publicly, 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 counterintelligence.
(G) Assassinations.
(H) Terrorist acts.
(2) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; 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 Government set out under subparagraph (B) shall appoint one
member of the committee established by subsection (b) from
among officials of such agency or department who occupy a
position that is required to be appointed by the President,
with the advice and consent of the Senate.
(B) Head of an agency or department.--The head of an agency
or department of the Government set out under this subparagraph
are the following:
(i) The Director of National Intelligence.
(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 Bureau of
Investigation.
(viii) The head of any other agency or department of
the United States Government designated by the President
for purposes of this section.
(d) Meetings.--The committee shall meet on a regular basis.
(e) Duties.--The duties of the committee established by subsection
(b) shall be as follows:
(1) To counter active measures by Russia to exert covert
influence, including by exposing falsehoods, 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 designate for
purposes of this section.
(f) Staff.--The committee established by subsection (b) may employ
such staff as the members of such committee consider appropriate.
(g) Budget Request.--A request for funds required 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 annually thereafter, and consistent with
the protection of intelligence sources and methods, the committee
established by subsection (b) shall submit to the appropriate
committees of Congress a report describing steps being taken by the
committee to counter active measures by Russia to exert covert
influence.
(2) Content.--Each report required by paragraph (1) shall
include the following:
(A) A summary of the active measures by the Russian
Federation to exert covert influence during the previous year,
including significant incidents and notable trends.
(B) A description of the key initiatives of the committee.
(C) A description of the implementation of the committee's
initiatives by the head of an agency or department of the
Government set out under subsection (c)(1)(B).
(D) An analysis of the impact of the committee's
initiatives.
(E) Recommendations for changes to the committee's
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.
SEC. 502. STRICT ENFORCEMENT OF TRAVEL PROTOCOLS AND PROCEDURES OF
ACCREDITED DIPLOMATIC AND CONSULAR PERSONNEL OF THE RUSSIAN
FEDERATION IN THE UNITED STATES.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees 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 Representatives.
(b) Advance Notification Requirement.--The Secretary of State
shall, in coordination with the Director of the Federal Bureau of
Investigation and the Director of National Intelligence, establish a
mandatory advance notification regime governing all travel by
accredited diplomatic and consular personnel of the Russian Federation
in the United States and take necessary action to secure full
compliance by Russian personnel and address any noncompliance.
(c) Interagency Cooperation.--The Secretary of State, the Director
of the Federal Bureau of Investigation, and the Director of National
Intelligence shall develop written mechanisms to share information--
(1) on travel by accredited diplomatic and consular personnel
of the Russian Federation who are in the United States; and
(2) on any known or suspected noncompliance by such personnel
with the regime required by subsection (b).
(d) Quarterly Reports.--Not later than 90 days after the date of
the enactment of this Act, and quarterly thereafter, and consistent
with the protection of intelligence sources and methods--
(1) the Secretary of State shall submit to the appropriate
committees of Congress a written report detailing the number of
notifications submitted under the regime required by subsection
(b); and
(2) the Secretary of State and the Director of the Federal
Bureau of Investigation shall jointly submit to the appropriate
committees of Congress a written report detailing the number of
known or suspected violations of such requirements by any
accredited diplomatic and consular personnel of the Russian
Federation.
SEC. 503. STUDY AND REPORT ON ENHANCED INTELLIGENCE AND INFORMATION
SHARING WITH OPEN SKIES TREATY MEMBER STATES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Covered state party.--The term ``covered 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 Congress 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
Treaty.
(2) Elements.--The study required by paragraph (1) shall
include an evaluation of the following:
(A) The methods by which the United States could collect
and provide imagery, including 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 parties 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 imagery
or funding, under such an arrangement.
(D) Whether imagery of Moscow, Chechnya, the international
border between Russia and Georgia, Kaliningrad, or the Republic
of Belarus could be provided under such an arrangement.
(E) The annual and projected costs associated with the
establishment of such an arrangement and database, as compared
with costs to the United States and other covered state parties
of being parties to the Open Skies Treaty, including Open Skies
Treaty plane maintenance, aircraft fuel, crew expenses,
mitigation measures necessary associated with Russian
Federation overflights of the United States or covered state
parties, and new sensor development and acquisition.
(3) Support from other federal agencies.--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 submit to the appropriate committees of Congress
the report described in this subsection.
(2) Content of report.--The report required by paragraph (1)
shall include the following:
(A) An intelligence assessment of 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
information 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.
TITLE VI--REPORTS AND OTHER MATTERS
SEC. 601. 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, 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 intelligence
reports regarding past terrorist activities of that individual
prepared by the National Counterterrorism Center for the
individual's Periodic Review Board sessions, transfer, or release;
or
(B) if the individual's transfer or release occurred prior to
the date on which the National Counterterrorism Center first began
to prepare such 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 transferred or
released, for whom intelligence reports are declassified as a
result of the declassification review, an unclassified summary
which shall be prepared by the President of measures being
taken by the country to which the individual 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 declassification review,
including a description of intelligence reports covered by the
review that were not declassified.
(b) Schedule.--
(1) Transfer or release prior to enactment.--Not later than 210
days after the date of the enactment of this Act, the Director of
National Intelligence shall submit the report required by
subsection (a)(3), which shall include the results of the
declassification review completed for each individual detained at
United States Naval Station, Guantanamo 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 enactment.--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 enactment of
this Act is transferred or released from United States Naval
Station, Guantanamo Bay, the Director shall submit the report
required by subsection (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 individual before the individual's transfer
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 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).
(6) A description of the intelligence supporting any matter
specified in paragraphs (1) through (5), including the extent to
which such intelligence was corroborated, the level of confidence
held by the intelligence community, and any dissent or reassessment
by an element of the intelligence community.
SEC. 602. CYBER CENTER FOR EDUCATION AND INNOVATION-HOME OF THE
NATIONAL CRYPTOLOGIC MUSEUM.
(a) Authority to Establish and Operate Center.--Chapter 449 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 4781. Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum
``(a) Establishment.--(1) The Secretary of Defense may establish at
a publicly accessible location at Fort George G. Meade the `Cyber
Center for Education and Innovation-Home of the National Cryptologic
Museum' (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, its predecessor or successor
organizations, 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 National Cryptologic Museum Foundation (in
this section referred to as the `Foundation'), a nonprofit
organization, for the design, construction, and operation of the
Center.
``(c) Acceptance Authority.--(1) If the Foundation 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
satisfaction by the Foundation of any other obligations pursuant 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 connection with the design
construction, and operation of the Center. For purposes of this section
and any other provision 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 Secretary 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, including the costs of
operation and the acquisition of books, manuscripts, works of art,
historical artifacts, drawings, plans, models, and condemned or
obsolete combat materiel.
``(4) Amounts in the Fund shall be available without fiscal year
limitation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 449 of title 10, United States 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. 603. REPORT ON NATIONAL SECURITY SYSTEMS.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations and the Committee on Armed
Services of the Senate; and
(3) the Committee on Appropriations and the Committee on Armed
Services of the House of Representatives.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter, the Director of the
National Security Agency, in coordination with the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff, shall submit to the
appropriate committees of Congress a report on national security
systems.
(c) Content.--Each report submitted under subsection (b) shall
include information related to--
(1) national security systems or components thereof that have
been decertified and are still in operational use;
(2) extension requests and the current status of any national
security systems still in use or components thereof that have been
decertified and are still in use;
(3) national security systems known to not be in compliance
with the policies, principles, standards, and guidelines issued by
the Committee on National Security Systems established pursuant to
National Security Directive 42, signed by the President on July 5,
1990; and
(4) organizations which have not provided access or information
to the Director of the National Security Agency that is adequate to
enable the Director to make a determination as to whether such
organizations are in compliance with the policies, principles,
standards, and guidelines issued by such Committee on National
Security Systems.
SEC. 604. JOINT FACILITIES CERTIFICATION.
(a) Findings.--Congress finds the following:
(1) The Director of National Intelligence set a strategic goal
to use joint facilities as a means to save costs by consolidating
administrative and support functions across multiple elements of
the intelligence community.
(2) The use of joint facilities provides more opportunities for
operational collaboration and information sharing among elements of
the intelligence community.
(b) Certification.--Before an element of the intelligence 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 written certification that, to the best of the knowledge
of the head of such element, all prospective joint facilities in
the vicinity have been considered and the element is unable to
identify a joint facility that meets the operational requirements
of such element; and
(2) a written statement listing the reasons for not
participating in the prospective joint facilities considered by the
element.
SEC. 605. LEADERSHIP AND MANAGEMENT OF SPACE ACTIVITIES.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means the congressional
intelligence committees, the Committee on Armed Services of the Senate,
and the Committee on Armed Services of the House of Representatives.
(b) Update to Strategy for Comprehensive Interagency Review of the
United States National Security Overhead Satellite Architecture.--Not
later than 180 days after the date of the enactment of this Act, the
Director of National Intelligence, in consultation with the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff, shall issue a
written update to the strategy required by section 312 of the
Intelligence Authorization Act for Fiscal Year 2016 (division M of
Public Law 114-113; 129 Stat. 2919).
(c) Unity of Effort in Space Operations Between the Intelligence
Community and Department of Defense.--
(1) Requirement for plan.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense, shall
submit to the appropriate committees of Congress a plan to
functionally integrate the governance, operations, analysis,
collection, policy, and acquisition activities related to space and
counterspace carried out by the intelligence community. The plan
shall include analysis of no fewer than 2 alternative constructs to
implement this plan, and an assessment of statutory, policy,
organizational, programmatic, and resources changes that may be
required to implement each alternative construct.
(2) Appointment by the director of national intelligence.--Not
later than 30 days after the date of the enactment of this Act, the
Director of National Intelligence, in consultation with the
Secretary of Defense, shall appoint a single official to oversee
development of the plan required by paragraph (1).
(3) Scope of plan.--The plan required by paragraph (1) shall
include methods to functionally integrate activities carried out
by--
(A) the National Reconnaissance Office;
(B) the functional managers for signals intelligence and
geospatial intelligence;
(C) the Office of the Director of National Intelligence;
(D) other Intelligence Community elements with space-
related programs;
(E) joint interagency efforts; and
(F) other entities as identified by the Director of
National Intelligence in coordination with the Secretary of
Defense.
(d) Intelligence Community Space Workforce.--Not later than 180
days after the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional intelligence
committees a workforce plan to recruit, develop, and retain personnel
in the intelligence community with skills and experience in space and
counterspace operations, analysis, collection, policy, and acquisition.
(e) Joint Interagency Combined Space Operations Center.--
(1) Submission to congress.--The Director of the National
Reconnaissance Office and the Commander of the United States
Strategic Command, in consultation with the Director of National
Intelligence, the Under Secretary of Defense for Intelligence, and
the Chairman of the Joint Chiefs of Staff, shall submit to the
appropriate committees of Congress concept of operations and
requirements documents for the Joint Interagency Combined Space
Operations Center by the date that is the earlier of--
(A) the completion of the experimental phase of such
Center; or
(B) 30 days after the date of the enactment of this Act.
(2) Quarterly briefings.--The Director of the National
Reconnaissance Office and the Commander of the United States
Strategic Command, in coordination with the Director of National
Intelligence and Under Secretary of Defense for Intelligence, shall
provide to the appropriate committees of Congress briefings
providing updates on activities and progress of the Joint
Interagency Combined Space Operations Center to begin 30 days after
the date of the enactment of this Act. Such briefings shall be
quarterly for the first year following enactment, and annually
thereafter.
SEC. 606. ADVANCES IN LIFE SCIENCES AND BIOTECHNOLOGY.
(a) Requirement for Plan.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall brief the congressional intelligence committees on a proposed
plan to monitor advances in life sciences and biotechnology to be
carried out by the Director.
(b) Contents of Plan.--The plan required by subsection (a) shall
include--
(1) a description of the approach the elements of the
intelligence community will take to make use of organic life
science and biotechnology expertise, within and outside the
intelligence community on a routine and contingency basis;
(2) an assessment of the current collection and analytical
posture of the life sciences and biotechnology portfolio as it
relates to United States competitiveness and the global bio-
economy, the risks and threats evolving with advances in genetic
editing technologies, and the implications of such advances on
future biodefense requirements; and
(3) an analysis of organizational requirements and
responsibilities, including potentially creating new positions.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Committee on
Armed Services of the Senate, and the Committee on Armed Services of
the House of Representatives a report and provide a briefing on the
role of the intelligence community in the event of a biological attack
on the United States, including an assessment of the capabilities and
gaps in technical capabilities that exist to address the potential
circumstance of a novel unknown pathogen.
SEC. 607. REPORTS ON DECLASSIFICATION PROPOSALS.
(a) Covered Studies Defined.--In this section, the term ``covered
studies'' means the studies that the Director of National Intelligence
requested that the elements of the intelligence community produce in
the course of producing the fundamental classification guidance review
for fiscal year 2017 required by Executive Order No. 13526 (50 U.S.C.
3161 note), as follows:
(1) A study of the feasibility of reducing the number of
original classification authorities in each element of the
intelligence community to the minimum number required and any
negative impacts that reduction could have on mission capabilities.
(2) A study of the actions required to implement a proactive
discretionary declassification program distinct from the
systematic, automatic, and mandatory declassification review
programs outlined in part 2001 of title 32, Code of Federal
Regulations, including section 2001.35 of such part.
(3) A study of the benefits and drawbacks of implementing a
single classification guide that could be used by all elements of
the intelligence community in the nonoperational and more common
areas of such elements.
(4) A study of whether the classification level of
``confidential'' could be eliminated within agency-generated
classification guides from use by elements of the intelligence
community and any negative impacts that elimination could have on
mission success.
(b) Reports and Briefings to Congress.--
(1) Progress report.--Not later than 30 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence committees
and provide the congressional intelligence committees a briefing on
the progress of the elements of the intelligence community in
producing the covered studies.
(2) Final report.--Not later than the earlier of 120 days after
the date of the enactment of this Act or June 30, 2017, the
Director of National Intelligence shall submit a report and provide
a briefing to the congressional intelligence committees on--
(A) the final versions of the covered studies that have
been provided to the Director by the elements of the
intelligence community; and
(B) a plan for implementation of each initiative included
in each such covered study.
SEC. 608. IMPROVEMENT IN GOVERNMENT CLASSIFICATION AND
DECLASSIFICATION.
(a) Review of Government Classification and Declassification.--Not
later than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall--
(1) review the system by which the Government classifies and
declassifies information;
(2) develop recommendations--
(A) to make such system a more effective tool for the
protection of information relating to national security;
(B) to improve the sharing of information with partners and
allies of the Government; and
(C) to support the appropriate declassification of
information; and
(3) submit to the congressional intelligence committees a
report with--
(A) the findings of the Director with respect to the review
conducted under paragraph (1); and
(B) the recommendations developed under paragraph (2).
(b) Annual Certification of Controlled Access Programs.--
(1) In general.--Not less frequently than once each year, the
Director of National Intelligence shall certify in writing to the
congressional intelligence committees whether the creation,
validation, or substantial modification, including termination, for
all existing and proposed controlled access programs, and the
compartments and subcompartments within each, are substantiated and
justified based on the information required by paragraph (2).
(2) Information required.--Each certification pursuant to
paragraph (1) shall include--
(A) the rationale for the revalidation, validation, or
substantial modification, including termination, of each
controlled access program, compartment and subcompartment;
(B) the identification of a control officer for each
controlled access program; and
(C) a statement of protection requirements for each
controlled access program.
SEC. 609. REPORT ON IMPLEMENTATION OF RESEARCH AND DEVELOPMENT
RECOMMENDATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report that includes the
following:
(1) An assessment of the actions each element of the
intelligence community has completed to implement the
recommendations made by the National Commission for the Review of
the Research and Development Programs of the United States
Intelligence Community established under section 1002 of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 50 U.S.C. 3001 note).
(2) An analysis of the balance between short-,
medium-, and long-term research efforts carried out by each element
of the intelligence community.
SEC. 610. REPORT ON INTELLIGENCE COMMUNITY RESEARCH AND DEVELOPMENT
CORPS.
Not later than 120 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report and provide briefing on
a plan, with milestones and benchmarks, to implement an Intelligence
Community Research and Development Corps, as recommended in the Report
of the National Commission for the Review of the Research and
Development Programs of the United States Intelligence Community,
including an assessment--
(1) of the funding and modification to existing authorities
needed to allow for the implementation of such Corps; and
(2) of additional legislative authorities, if any, necessary to
undertake such implementation.
SEC. 611. REPORT ON INFORMATION RELATING TO ACADEMIC PROGRAMS,
SCHOLARSHIPS, FELLOWSHIPS, AND INTERNSHIPS SPONSORED,
ADMINISTERED, OR USED BY THE INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 120 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'' means--
(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.
SEC. 612. 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 classified written 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.
SEC. 613. 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 appropriate congressional
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.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) in the Senate--
(A) the Committee on Armed Services;
(B) the Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security and Governmental
Affairs;
(E) the Committee on Banking, Housing, and Urban Affairs;
(F) the Committee on Foreign Relations; and
(G) the Committee on Appropriations; and
(2) in the House of Representatives--
(A) the Committee on Armed Services;
(B) the Permanent Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security;
(E) the Committee on Financial Services;
(F) the Committee on Foreign Affairs; and
(G) the Committee on Appropriations.
SEC. 614. 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, and consistent with the protection of sources
and methods, shall submit to the appropriate congressional 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.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and Transportation of the
Senate; and
(3) the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives.
SEC. 615. 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, consistent with the protection of sources and methods, 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 claimed reprisals
made against covered contractor employees during the 3-year period
preceding the date of the report and any evaluation of such
reprisals.
(2) An evaluation of the usefulness of establishing 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 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) Covered contractor employee.--The term ``covered contractor
employee'' means an employee of a contractor of an element of the
intelligence community.
(2) Reprisal.--The term ``reprisal'' means the discharge or
other adverse personnel action made against a covered contractor
employee for making a disclosure of information that would be a
disclosure protected by law if the contractor were an employee of
the Federal Government.