Legislation
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 133 Reported in Senate (RS)]
<DOC>
Calendar No. 4
115th CONGRESS
1st Session
S. 133
[Report No. 115-2]
To authorize appropriations for fiscal year 2017 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 12, 2017
Mr. Burr introduced the following bill; which was read twice and
referred to the Select Committee on Intelligence
January 20, 2017
Reported by Mr. Burr, without amendment
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2017 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL 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. Multi-sector workforce.
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. Assistance for nationally significant critical
infrastructure.
Sec. 313. Technical correction to Executive Schedule.
Sec. 314. 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 counter-narrative activities.
Sec. 616. Report on reprisals against contractors of the intelligence
community.
SEC. 2. DEFINITIONS.
In this Act:
(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)).
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 the bill S. 133 of the
One Hundred Fifteenth Congress.
(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 contractor conversions.
(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.
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
$561,788,000. 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 Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 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. MULTI-SECTOR WORKFORCE.
(a) Multi-sector Workforce Initiative.--
(1) Requirement.--Beginning on October 1, 2018, the
Director of National Intelligence shall implement a multi-
sector workforce initiative--
(A) to improve management of the workforce of the
intelligence community;
(B) to achieve an appropriate ratio of employees of
the United States Government and core contractors in
such workforce; and
(C) to establish processes that enables elements of
the intelligence community to build and maintain an
appropriate ratio of such employees and core
contractors.
(2) Briefing to congress.--Not later than 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.--
(1) In general.--Beginning on October 1, 2018, the
personnel of the intelligence community shall be managed each
fiscal year solely on the basis of, and consistent with--
(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 for such fiscal year.
(2) Prohibition on constraints or limitations.--Beginning
on October 1, 2018, the management of such personnel in any
fiscal year shall not be subject to any constraint or
limitation in terms of man years, end strength, full-time
equivalent positions, or maximum number of employees.
(c) Required Employees.--The Director of National Intelligence
shall ensure that during a fiscal year, there are employees in the
number, and with the combination of skills and qualifications that are
necessary to carry out the functions for which funds are provided to
the National Intelligence Program for that fiscal year.
(d) 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).
(e) Report.--Not later than 180 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.
(A) The cost incurred by the United States
Government for each such engagement.
(B) A description of the benefits to the United
States Government for each such engagement.
(C) A determination of whether any information was
declassified, and whether any classified information
was improperly disclosed, or each such engagement.
(D) 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. ASSISTANCE FOR NATIONALLY SIGNIFICANT CRITICAL
INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Covered critical infrastructure.--The term ``covered
critical infrastructure'' means the critical infrastructure
identified pursuant to section 9(a) of Executive Order No.
13636 of February 12, 2013 (78 Fed. Reg. 11742; related to
improving critical infrastructure cybersecurity).
(2) Covered cyber asset.--The term ``covered cyber asset''
means an information system or industrial control system that
is essential to the operation of covered critical
infrastructure.
(3) Program.--Except as otherwise specifically provided,
the term ``program'' means the program required by subsection
(b).
(4) Sector-specific agency.--The term ``sector-specific
agency'' has the meaning given that term in Presidential Policy
Directive-21, issued February 12, 2013 (related to critical
infrastructure security and resilience), or any successor.
(5) Voluntary participant.--The term ``voluntary
participant'' means an entity eligible to participate in the
program under subsection (b) that has voluntarily elected to
participate in the program.
(b) Requirement for Program.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary appointed
pursuant to section 103(a)(1)(H) of the Homeland Security Act of 2002
(6 U.S.C. 113(a)(1)(H)), in consultation with appropriate covered
critical infrastructure and sector-specific agencies, shall carry out a
program to provide assistance to covered critical infrastructure
consistent with subsection (f).
(c) Objective.--The objective of the program shall be to reduce the
risk of regional or national catastrophic harm caused by a cyber attack
against covered critical infrastructure.
(d) Voluntary Participation.--Participation in the program by
covered critical infrastructure shall be on a voluntary basis.
(e) Intelligence Community Participation.--
(1) Coordination and management.--The Under Secretary for
Intelligence and Analysis of the Department of Homeland
Security shall coordinate and lead the provision of assistance
from the appropriate elements of the intelligence community to
the Under Secretary appointed pursuant to section 103(a)(1)(H)
of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))
and voluntary participants through the national cybersecurity
and communications integration center established under section
227 of the Homeland Security Act of 2002 (6 U.S.C. 148) to
fulfill the requirements of this section.
(2) Activities.--In the manner required by paragraph (1)
and subject to the consent of the Under Secretary for
Intelligence and Analysis of the Department of Homeland
Security, the appropriate elements of the intelligence
community are authorized to carry out the following activities
to support the program:
(A) Activities to develop a national strategy to
effectively leverage intelligence community resources
made available to support the program.
(B) Activities to consult with the Director of
National Intelligence and other appropriate
intelligence and law enforcement agencies to identify
within the existing framework governing intelligence
prioritization, intelligence gaps and foreign
intelligence collection requirements relevant to the
security of covered cyber assets and covered critical
infrastructure.
(C) Activities to improve the detection,
prevention, and mitigation of espionage conducted by
foreign actors against or concerning covered critical
infrastructure.
(D) Activities to identify or provide assistance
related to the research, design, and development of
protective and mitigation measures for covered cyber
assets and the components of covered cyber assets.
(E) Activities to provide technical assistance and
input for testing and exercises related to covered
cyber assets.
(f) Relationship to Existing Programs.--This section shall be
carried out in a manner consistent with the existing roles,
responsibilities, authorities, and activities of the United States
Government.
(g) No Cost to Covered Critical Infrastructure Participants.--A
voluntary participant in the program that is covered critical
infrastructure shall not be required to reimburse the United States
Government for the use of any facility, personnel, contractor,
equipment, service, or information of the United States Government
utilized in an activity carried out pursuant to the program.
(h) Prioritization of Assistance.--The Director of National
Intelligence shall consider the national significance of covered
critical infrastructure identified in the process established by the
Under Secretary appointed pursuant to section 103(a)(1)(H) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) in the Director's
process for prioritizing requirements and effectively allocating the
resources of the intelligence community for assisting government
efforts to help protect critical infrastructure owned or operated in
the private sector.
(i) Participation Approval.--Participation in the program by any
private entity shall be subject to the approval of the Under Secretary
appointed pursuant to section 103(a)(1)(H) of the Homeland Security Act
of 2002 (6 U.S.C. 113(a)(1)(H)) and, in the case of any support
assistance provided by the intelligence community, the approval of the
Director of National Intelligence.
(j) No New Regulatory Authority.--Nothing in this section may be
construed to authorize the Director of National Intelligence, the
Secretary of Homeland Security, or any other Federal regulator to
promulgate new regulations.
(k) Briefing.--Not less frequently than once each year, the
Secretary of Homeland Security shall brief the congressional
intelligence committees, the Committee on Homeland Security and
Governmental Affairs of the Senate, and Committee on Homeland Security
of the House of Representatives on progress and challenges of the
program.
(l) Construction.--Nothing in this section may be construed to
limit any authority or responsibility of an agency or department of the
United States under any law in effect on the date of the enactment of
this Act.
SEC. 313. 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. 314. 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 State Code, is amended by adding at the
end the following new item:
``4781. Cyber Center for Education and Innovation-Home of the National
Cryptologic Museum.''.
SEC. 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 COUNTER-NARRATIVE ACTIVITIES.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Under Secretary for Intelligence and Analysis of the
Department of Homeland Security, in coordination with the Office of
Community Partnerships, and consistent with the protection of sources
and methods, shall submit to the appropriate congressional committees a
report on the counter-narrative activities of the Department of
Homeland Security with respect to the Islamic State and other extremist
groups.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of whether, and to what extent, the
Secretary of Homeland Security, in conducting counter-messaging
narrative activities with respect to the Islamic State and
other extremist groups, consults or coordinates with the
Secretary of State, regarding the counter-messaging narrative
activities undertaken by the Department of State with respect
to the Islamic State and other extremist groups, including
counter-messaging narrative activities conducted by the Global
Engagement Center of the Department of State.
(2) Any criteria employed by the Secretary of Homeland
Security for selecting, developing, promulgating, or changing
the counter-messaging narrative approach of the Department of
Homeland Security, including any counter-messaging narratives,
with respect to the Islamic State and other extremist groups.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate; and
(3) the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives.
SEC. 616. 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.
Calendar No. 4
115th CONGRESS
1st Session
S. 133
[Report No. 115-2]
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A BILL
To authorize appropriations for fiscal year 2017 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
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January 20, 2017
Reported without amendment