[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5077 Reported in House (RH)]
<DOC>
Union Calendar No. 443
114th CONGRESS
2d Session
H. R. 5077
[Report No. 114-573]
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 HOUSE OF REPRESENTATIVES
April 27, 2016
Mr. Nunes (for himself and Mr. Schiff) introduced the following bill;
which was referred to the Select Committee on Intelligence (Permanent
Select)
May 18, 2016
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
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 PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Authorization of appropriations for Privacy and Civil
Liberties Oversight Board.
Sec. 304. Modification of certain whistleblowing procedures.
Sec. 305. Reports on major defense intelligence acquisition programs.
Sec. 306. Modifications to certain requirements for construction of
facilities.
Sec. 307. Information on activities of Privacy and Civil Liberties
Oversight Board.
Sec. 308. Clarification of authorization of certain activities of the
Department of Energy.
Sec. 309. Technical correction to Executive Schedule.
Sec. 310. Maximum amount charged for declassification reviews.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Analyses and impact statements by Director of National
Intelligence regarding actions by Committee
on Foreign Investment in the United States.
Sec. 402. National Counterintelligence and Security Center.
Sec. 403. Assistance for governmental entities and private entities in
recognizing online violent extremist
content.
Subtitle B--Central Intelligence Agency and Other Elements
Sec. 411. Enhanced death benefits for employees of the Central
Intelligence Agency.
Sec. 412. Pay and retirement authorities of the Inspector General of
the Central Intelligence Agency.
Sec. 413. Clarification of authority, direction, and control over the
information assurance directorate of the
National Security Agency.
Sec. 414. Living quarters allowance for employees of the Defense
Intelligence Agency.
Sec. 415. Plan on assumption of certain weather missions by the
National Reconnaissance Office.
Sec. 416. Modernization of security clearance information technology
architecture.
TITLE V--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
Sec. 501. Declassification of information on past terrorist activities
of detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba, after
signing of Executive Order 13492.
TITLE VI--REPORTS AND OTHER MATTERS
Sec. 601. Report on intelligence community employees detailed to
National Security Council.
Sec. 602. Intelligence community reporting to Congress on foreign
fighter flows.
Sec. 603. Report on information relating to academic programs,
scholarships, fellowships, and internships
sponsored, administered, or used by the
intelligence community.
Sec. 604. Report on cybersecurity threats to seaports of the United
States and maritime shipping.
Sec. 605. Report on counter-messaging activities.
Sec. 606. Report on reprisals against contractors of the intelligence
community.
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 and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel ceilings as of September 30, 2017, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany this Act.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
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
3 percent of the number of civilian personnel authorized under such
schedule for such element.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a).
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
$518,596,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2018.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 787 positions as of September 30, 2017.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2017 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September
30, 2018.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2017, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
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 PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
(a) Requirement for Authorizations.--Subsection (m) of section 1061
of the Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee(m)) is amended to read as follows:
``(m) Funding.--
``(1) Specific authorization required.--Appropriated funds
available to the Board may be obligated or expended to carry
out activities under this section only if such funds were
specifically authorized by Congress for use for such activities
for such fiscal year.
``(2) Definition.--In this subsection, the term
`specifically authorized by Congress' has the meaning given
that term in section 504(e) of the National Security Act of
1947 (50 U.S.C. 3094(e)).''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Privacy and Civil Liberties Oversight Board for
fiscal year 2017 the sum of $10,081,000 to carry out the activities of
the Board under section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(m)).
SEC. 304. MODIFICATION OF CERTAIN WHISTLEBLOWING PROCEDURES.
(a) Clarification of Whistleblowing Procedures Available to Certain
Personnel.--Subsection (a)(1)(A) of section 8H of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting after ``Security
Agency,'' the following: ``including any such employee who is assigned
or detailed to a combatant command or other element of the Federal
Government,''.
(b) Central Intelligence Agency.--
(1) Role of director.--Section 17(d)(5) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is
amended--
(A) in subparagraph (B)--
(i) by striking clause (ii);
(ii) by striking ``(i) Not'' and inserting
``Not''; and
(iii) by striking ``to the Director'' and
inserting ``to the intelligence committees'';
and
(B) in subparagraph (D)--
(i) in clause (i), by striking ``the
Director'' and inserting ``the intelligence
committees''; and
(ii) in clause (ii)--
(I) in subclause (I), by striking
``the Director, through the Inspector
General,'' and inserting ``the
Inspector General''; and
(II) in subclause (II), striking
``the Director, through the Inspector
General,'' and inserting ``the
Inspector General, in consultation with
the Director,''.
(2) Conforming amendments.--
(A) Section 17(d)(5) of such Act is further
amended--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraphs (D)
through (H) as subparagraphs (C) through (G),
respectively.
(B) Section 3001(j)(1)(C)(ii) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)(C)(ii)) is amended by striking
``subparagraphs (A), (D), and (H)'' and inserting
``subparagraphs (A), (C), and (G)''.
(c) Other Elements of Intelligence Community.--
(1) Role of heads.--Section 8H of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(A) in subsection (b)--
(i) by striking paragraph (2);
(ii) by striking ``(1) Not'' and inserting
``Not''; and
(iii) by striking ``to the head of the
establishment'' and inserting ``to the
intelligence committees''; and
(B) in subsection (d)--
(i) in paragraph (1), by striking ``the
head of the establishment'' and inserting ``the
intelligence committees''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``the head of the
establishment, through the Inspector
General,'' and inserting ``the
Inspector General''; and
(II) in subparagraph (B), by
striking ``the head of the
establishment, through the Inspector
General,'' and inserting ``the
Inspector General, in consultation with
the head of the establishment,''.
(2) Conforming amendments.--Section 8H of such Act is
further amended--
(A) by striking subsection (c);
(B) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(C) in subsection (e), as so redesignated, by
striking ``subsections (a) through (e)'' and inserting
``subsections (a) through (d)''.
(d) Office of the Director of National Intelligence.--
(1) In general.--Section 103H(k)(5) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended--
(A) in subparagraph (B), by striking ``to the
Director'' and inserting ``to the congressional
intelligence committees''; and
(B) in subparagraph (D)--
(i) in clause (i), by striking ``the
Director'' and inserting ``the congressional
intelligence committees''; and
(ii) in clause (ii)--
(I) in subclause (I), by striking
``the Director, through the Inspector
General,'' and inserting ``the
Inspector General''; and
(II) in subclause (II), by striking
``the Director, through the Inspector
General,'' and inserting ``the
Inspector General, in consultation with
the Director,''.
(2) Conforming amendments.--Section 103H(k)(5) of such Act
is further amended--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D) through (I)
as subparagraphs (C) through (H), respectively.
(e) Rule of Construction.--None of the amendments made by this
section may be construed to prohibit or otherwise affect the authority
of an Inspector General of an element of the intelligence community,
the Inspector General of the Central Intelligence Agency, or the
Inspector General of the Intelligence Community to notify the head of
the element of the intelligence community, the Director of the Central
Intelligence Agency, or the Director of National Intelligence, as the
case may be, of a complaint or information otherwise authorized by law.
SEC. 305. REPORTS ON MAJOR DEFENSE INTELLIGENCE ACQUISITION PROGRAMS.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 3001
et seq.) is amended by inserting after section 506J the following new
section:
``SEC. 506K. REPORTS ON MAJOR DEFENSE INTELLIGENCE ACQUISITION PROGRAMS
AT EACH MILESTONE APPROVAL.
``(a) Report on Milestone A.--Not later than 15 days after granting
Milestone A or equivalent approval for a major defense intelligence
acquisition program, the milestone decision authority for the program
shall submit to the appropriate congressional committees a report
containing a brief summary of the following:
``(1) The estimated cost and schedule for the program
established by the military department concerned, including--
``(A) the dollar values estimated for the program
acquisition unit cost and total life-cycle cost; and
``(B) the planned dates for each program milestone
and initial operational capability.
``(2) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of title 10, United
States Code, and any independent estimated schedule for the
program, including--
``(A) the dollar values estimated for the program
acquisition unit cost and total life-cycle cost; and
``(B) the planned dates for each program milestone
and initial operational capability.
``(3) A summary of the technical risks, including
cybersecurity risks and supply chain risks, associated with the
program, as determined by the military department concerned,
including identification of any critical technologies that need
to be matured.
``(4) A summary of the sufficiency review conducted by the
Director of Cost Assessment and Program Evaluation of the
Department of Defense of the analysis of alternatives performed
for the program (as referred to in section 2366a(b)(6) of such
title).
``(5) Any other information the milestone decision
authority considers relevant.
``(b) Report on Milestone B.--Not later than 15 days after granting
Milestone B or equivalent approval for a major defense intelligence
acquisition program, the milestone decision authority for the program
shall submit to the appropriate congressional committees a report
containing a brief summary of the following:
``(1) The estimated cost and schedule for the program
established by the military department concerned, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost,
and total life-cycle cost; and
``(B) the planned dates for each program milestone,
initial operational test and evaluation, and initial
operational capability.
``(2) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of title 10, United
States Code, and any independent estimated schedule for the
program, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost,
and total life-cycle cost; and
``(B) the planned dates for each program milestone,
initial operational test and evaluation, and initial
operational capability.
``(3) A summary of the technical risks, including
cybersecurity risks and supply chain risks, associated with the
program, as determined by the military department concerned,
including identification of any critical technologies that have
not been successfully demonstrated in a relevant environment.
``(4) A summary of the sufficiency review conducted by the
Director of Cost Assessment and Program Evaluation of the
analysis of alternatives performed for the program pursuant to
section 2366a(b)(6) of such title.
``(5) A statement of whether the preliminary design review
for the program described in section 2366b(a)(1) of such title
has been completed.
``(6) Any other information the milestone decision
authority considers relevant.
``(c) Report on Milestone C.--Not later than 15 days after granting
Milestone C or equivalent approval for a major defense intelligence
acquisition program, the milestone decision authority for the program
shall submit to the appropriate congressional committees a report
containing a brief summary of the following:
``(1) The estimated cost and schedule for the program
established by the military department concerned, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost,
and total life-cycle cost; and
``(B) the planned dates for initial operational
test and evaluation and initial operational capability.
``(2) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of title 10, United
States Code, and any independent estimated schedule for the
program, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost,
and total life-cycle cost; and
``(B) the planned dates for initial operational
test and evaluation and initial operational capability.
``(3) The cost and schedule estimates approved by the
milestone decision authority for the program.
``(4) A summary of the production, manufacturing, and
fielding risks, including cybersecurity risks and supply chain
risks, associated with the program.
``(5) Any other information the milestone decision
authority considers relevant.
``(d) Initial Operating Capability or Full Operating Capability.--
Not later than 15 days after a major defense intelligence acquisition
program reaches initial operating capability or full operating
capability, the milestone decision authority for the program shall
notify the appropriate congressional committees of the program reaching
such capability.
``(e) Additional Information.--At the request of any of the
appropriate congressional committees, the milestone decision authority
shall submit to the appropriate congressional committees further
information or underlying documentation for the information in a report
submitted under subsection (a), (b), or (c), including the independent
cost and schedule estimates and the independent technical risk
assessments referred to in those subsections.
``(f) Nonduplication of Effort.--If any information required under
this section has been included in another report or assessment
previously submitted to the congressional intelligence committees under
sections 506A, 506C, or 506E, the milestone decision authority may
provide a list of such reports and assessments at the time of
submitting a report required under this section instead of including
such information in such report.
``(g) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the congressional intelligence committees and the congressional
defense committees (as defined in section 101(a)(16) of title
10, United States Code).
``(2) The term `major defense intelligence acquisition
program' means a major defense acquisition program (as defined
in section 2430 of title 10, United States Code) that relates
to intelligence or intelligence-related activities.
``(3) The term `Milestone A approval' has the meaning given
that term in section 2366a(d) of title 10, United States Code.
``(4) The terms `Milestone B approval' and `Milestone C
approval' have the meaning given those terms in section 2366(e)
of such title.
``(5) The term `milestone decision authority' has the
meaning given that term in section 2366a(d) of such title.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 506J the following new item:
``Sec. 506K. Reports on major defense intelligence acquisition programs
at each milestone approval.''.
SEC. 306. MODIFICATIONS TO CERTAIN REQUIREMENTS FOR CONSTRUCTION OF
FACILITIES.
(a) Inclusion in Budget Requests of Certain Projects.--Section 8131
of the Department of Defense Appropriations Act, 1995 (Public Law 103-
335; 50 U.S.C. 3303) is repealed.
(b) Notification.--Section 602(a)(2) of the Intelligence
Authorization Act for Fiscal Year 1995 (Public Law 103-359; 50 U.S.C.
3304(a)(2)) is amended by striking ``improvement project to'' and
inserting ``project for the improvement, repair, or modification of''.
SEC. 307. INFORMATION ON ACTIVITIES OF PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD.
Section 1061(d) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(d)) is further amended by adding at the
end the following new paragraph:
``(5) Information.--
``(A) Activities.--In addition to the reports
submitted to Congress under subsection (e)(1)(B), the
Board shall ensure that each official and congressional
committee specified in subparagraph (B) is kept fully
and currently informed of the activities of the Board,
including any significant anticipated activities.
``(B) Officials and congressional committees
specified.--The officials and congressional committees
specified in this subparagraph are the following:
``(i) The Director of National
Intelligence.
``(ii) The head of any element of the
intelligence community (as defined in section
3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)) the activities of which are, or
are anticipated to be, the subject of the
review or advice of the Board.
``(iii) The Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.''.
SEC. 308. CLARIFICATION OF AUTHORIZATION OF CERTAIN ACTIVITIES OF THE
DEPARTMENT OF ENERGY.
Funds appropriated for fiscal year 2016 for intelligence and
intelligence-related activities of the Department of Energy shall be
deemed to be authorized to be appropriated for such activities,
including for purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 3094).
SEC. 309. TECHNICAL CORRECTION TO EXECUTIVE SCHEDULE.
Section 5313 of title 5, United States Code, is amended by striking
the item relating to ``Director of the National Counter Proliferation
Center.''.
SEC. 310. MAXIMUM AMOUNT CHARGED FOR DECLASSIFICATION REVIEWS.
In reviewing and processing a request by a person for the mandatory
declassification of information pursuant to Executive Order 13526, a
successor executive order, or any other provision of law, the head of
an element of the intelligence community--
(1) may not charge the person reproduction fees in excess
of the amount of fees that the head would charge the person for
reproduction required in the course of processing a request for
information under section 552 of title 5, United States Code
(commonly referred to as the ````Freedom of Information Act'');
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. ANALYSES AND IMPACT STATEMENTS BY DIRECTOR OF NATIONAL
INTELLIGENCE REGARDING ACTIONS BY COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES.
Section 721(b)(4) of the Defense Production Act of 1950 (50 U.S.C.
4565) is amended by adding at the end the following new subparagraphs:
``(E) Submission to congressional intelligence
committees.--Not later than 5 days after the completion
of a review or an investigation of a covered
transaction under this subsection that concludes action
under this section, the Director shall submit to the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate an analysis under
subparagraph (A) relating to such covered transaction
previously provided to the Committee, including any
supplements or amendments to such analysis made by the
Director.
``(F) Impact statements.--Not later than 60 days
after the completion of a review or an investigation of
a covered transaction under this subsection that
concludes action under this section, the Director shall
determine whether the covered transaction will have an
operational impact on the intelligence community, and,
if so, shall submit a report on such impact to the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate. Each such report shall--
``(i) describe the operational impact of
the covered transaction on the intelligence
community; and
``(ii) describe any actions that have been
or will be taken to mitigate such impact.''.
SEC. 402. NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER.
(a) Redesignation of Office of National Counterintelligence
Executive.--Section 904 of the Counterintelligence Enhancement Act of
2002 (50 U.S.C. 3383) is amended--
(1) by striking ``Office of the National
Counterintelligence Executive'' each place it appears
(including in the section heading) and inserting ``National
Counterintelligence and Security Center'';
(2) by striking ``National Counterintelligence Executive''
each place it appears and inserting ``Director of the National
Counterintelligence and Security Center''; and
(3) in the headings of subsections (b) and (c), by striking
``of Office'' both places it appears and inserting ``Center'';
(4) in subsection (d)--
(A) in paragraph (5)(C), by striking ``by the
Office'' and inserting ``by the Center''; and
(B) in paragraph (6), by striking ``that the
Office'' and inserting ``that the Center'';
(5) in subsection (f)(1), by striking ``by the Office'' and
inserting ``by the Center'';
(6) in subsection (g), by striking ``of the Office'' and
inserting ``of the Center''; and
(7) in subsection (h), by striking ``of the Office'' each
place it appears and inserting ``of the Center''.
(b) Redesignation of National Counterintelligence Executive.--
Section 902 of such Act (50 U.S.C. 3382) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Establishment.--There shall be a Director of the National
Counterintelligence and Security Center (referred to in this section as
`the Director'), who shall be appointed by the President, by and with
the advice and consent of the Senate.'';
(2) by striking ``National Counterintelligence Executive''
each place it appears (including the section heading) and
inserting ``Director of the National Counterintelligence and
Security Center''; and
(3) by striking ``Office of the National
Counterintelligence Executive'' each place it appears and
inserting ``National Counterintelligence and Security Center''.
(c) Conforming Amendments.--
(1) National security act of 1947.--The National Security
Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
(A) in section 102A(f)(2), by inserting after
``Counterterrorism Center'' the following: ``, the
National Counterproliferation Center, and the National
Counterintelligence and Security Center,'';
(B) in section 103(c)(8), by striking ``National
Counterintelligence Executive (including the Office of
the National Counterintelligence Executive)'' and
inserting ``Director of the National
Counterintelligence and Security Center''; and
(C) in section 103F, by striking ``National
Counterintelligence Executive'' each place it appears
(including in the headings) and inserting ``Director of
the National Counterintelligence and Security Center''.
(2) Intelligence authorization act for fiscal year 1995.--
Section 811 of the Counterintelligence and Security
Enhancements Act of 1994 (title VIII of Public Law 103-359; 50
U.S.C. 3381) is amended--
(A) in subsections (b) and (c)(1), by striking
``The National Counterintelligence Executive'' and
inserting ``The Director of the National
Counterintelligence and Security Center''; and
(B) in subsection (d)(1)(B)(ii)--
(i) by striking ``to the National
Counterintelligence Executive'' and inserting
``to the Director of the National
Counterintelligence and Security Center''; and
(ii) by striking ``Office of the National
Counterintelligence Executive'' and inserting
``National Counterintelligence and Security
Center''.
(3) Intelligence authorization act for fiscal year 2004.--
Section 341(b) of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 28 U.S.C. 519 note) is amended
by striking ``Office of the National Counterintelligence
Executive'' and inserting ``National Counterintelligence and
Security Center''.
(d) Clerical Amendment.--The table of sections in the first section
of the National Security Act of 1947 is amended by striking the item
relating to section 103F and inserting the following:
``Sec. 103F. Director of the National Counterintelligence and Security
Center.''.
(e) Conforming Style.--Any new language inserted or added to a
provision of law by the amendments made by this section shall conform
to the typeface and typestyle of the matter in which the language is so
inserted or added.
(f) Technical Effective Date.--The amendment made by subsection (a)
of section 401 of the Intelligence Authorization Act for Fiscal Year
2016 (division M of Public Law 114-113) 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.
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, 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 and Other Elements
SEC. 411. ENHANCED DEATH BENEFITS FOR EMPLOYEES OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 11 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3511) is amended to read as follows:
``benefits available in event of the death of an employee
``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 Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence
of the Senate 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.
SEC. 413. CLARIFICATION OF AUTHORITY, DIRECTION, AND CONTROL OVER THE
INFORMATION ASSURANCE DIRECTORATE OF THE NATIONAL
SECURITY AGENCY.
Section 142(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking the semicolon and
inserting ``; and'';
(2) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (D).
SEC. 414. LIVING QUARTERS ALLOWANCE FOR EMPLOYEES OF THE DEFENSE
INTELLIGENCE AGENCY.
(a) Prohibition.--Notwithstanding sections 1603 and 1605 of title
10, United States Code, and subchapter III of chapter 59 of title 5, a
civilian employee of the Defense Intelligence Agency who is assigned to
a directorate of a geographic combatant command that is headquartered
outside of the United States may not receive a living quarters
allowance.
(b) Application.--Subsection (a) shall apply with respect to a pay
period beginning on or after the date that is one year after the date
of the enactment of this Act.
SEC. 415. PLAN ON ASSUMPTION OF CERTAIN WEATHER MISSIONS BY THE
NATIONAL RECONNAISSANCE OFFICE.
(a) Plan.--
(1) In general.--The Director of the National
Reconnaissance Office shall develop a plan for the National
Reconnaissance Office to address how to carry out covered
space-based environmental monitoring missions. Such plan shall
include--
(A) a description of the related national security
requirements for such missions;
(B) a description of the appropriate manner to meet
such requirements; and
(C) the amount of funds that would be necessary to
be transferred from the Air Force to the National
Reconnaissance Office during fiscal years 2018 through
2022 to carry out such plan.
(2) Activities.--In developing the plan under paragraph
(1), the Director may conduct pre-acquisition activities,
including with respect to requests for information, analyses of
alternatives, study contracts, modeling and simulation, and
other activities the Director determines necessary to develop
such plan.
(3) Submission.--Not later than the date on which the
President submits to Congress the budget for fiscal year 2018
under section 1105(a) of title 31, United States Code, the
Director shall submit to the appropriate congressional
committees the plan under paragraph (1).
(b) Independent Cost Estimate.--The Director of the Cost Assessment
Improvement Group of the Office of the Director of National
Intelligence, in coordination with the Director of Cost Assessment and
Program Evaluation of the Department of Defense, shall certify to the
appropriate congressional committees that the amounts of funds
identified under subsection (a)(1)(C) as being necessary to transfer
are appropriate and include funding for positions and personnel to
support program office costs.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
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) 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.
SEC. 416. MODERNIZATION OF SECURITY CLEARANCE INFORMATION TECHNOLOGY
ARCHITECTURE.
(a) In General.--The Director of National Intelligence shall
support the Secretary of Defense in the efforts of the Secretary to
develop and implement an information technology system (in this section
referred to as the ``System'') to--
(1) modernize and sustain the security clearance
information architecture of the National Background
Investigations Bureau and the Department of Defense;
(2) support decisionmaking processes for the evaluation and
granting of personnel security clearances;
(3) improve cyber security capabilities with respect to
sensitive security clearance data and processes;
(4) reduce the complexity and cost of the security
clearance process;
(5) provide information to managers on the financial and
administrative costs of the security clearance process;
(6) strengthen the ties between counterintelligence and
personnel security communities; and
(7) improve system standardization in the security
clearance process.
(b) Guidance.--The Director shall support the Secretary in the
efforts of the Secretary to issue guidance establishing the respective
roles, responsibilities, and obligations of the Secretary and the
Director with respect to the development and implementation of the
System.
TITLE V--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
SEC. 501. DECLASSIFICATION OF INFORMATION ON PAST TERRORIST ACTIVITIES
OF DETAINEES TRANSFERRED FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, AFTER SIGNING OF EXECUTIVE
ORDER 13492.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) in the manner described in the classified annex that
accompanies this Act--
(A) complete a declassification review of
intelligence reports prepared by the National
Counterterrorism Center prior to Periodic Review Board
sessions or detainee transfers on the past terrorist
activities of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, who were
transferred or released from United States Naval
Station, Guantanamo Bay, after the signing of Executive
Order 13492 (relating to the closure of the detention
facility at United States Naval Station, Guantanamo
Bay); and
(B) make available to the public any information
declassified as a result of the declassification
review; and
(2) submit to the congressional intelligence committees a
report setting forth--
(A) the results of the declassification review; and
(B) if any information covered by the
declassification review was not declassified pursuant
to the review, a justification for the determination
not to declassify such information.
(b) Past Terrorist Activities.--For purposes of this section, the
past terrorist activities of an individual shall include the terrorist
activities conducted by the individual before the transfer of the
individual to the detention facility at United States Naval Station,
Guantanamo Bay, including, at a minimum, the following:
(1) The terrorist organization, if any, with which
affiliated.
(2) The terrorist training, if any, received.
(3) The role in past terrorist attacks against the
interests or allies of the United States.
(4) The direct responsibility, if any, for the death of
citizens of the United States or members of the Armed Forces.
(5) Any admission of any matter specified in paragraphs (1)
through (4).
TITLE VI--REPORTS AND OTHER MATTERS
SEC. 601. REPORT ON INTELLIGENCE COMMUNITY EMPLOYEES DETAILED TO
NATIONAL SECURITY COUNCIL.
Not later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the congressional
intelligence committees a report listing, by year, the number of
employees of an element of the intelligence community who have been
detailed to the National Security Council during the 10-year period
preceding the date of the report.
SEC. 602. INTELLIGENCE COMMUNITY REPORTING TO CONGRESS ON FOREIGN
FIGHTER FLOWS.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 180 days thereafter, the Director of
National Intelligence, consistent with the protection of intelligence
sources and methods, shall submit to the congressional intelligence
committees a report on foreign fighter flows to and from terrorist safe
havens abroad.
(b) Contents.--Each report submitted under subsection (a) shall
include, with respect to each terrorist safe haven, the following:
(1) The total number of foreign fighters who have traveled
or are suspected of having traveled to the terrorist safe haven
since 2011, including the countries of origin of such foreign
fighters.
(2) The total number of United States citizens present in
the terrorist safe haven.
(3) The total number of foreign fighters who have left the
terrorist safe haven or whose whereabouts are unknown.
(c) Form.--The reports submitted under subsection (a) may be
submitted in classified form. If such a report is submitted in
classified form, such report shall also include an unclassified
summary.
(d) Sunset.--The requirement to submit reports under subsection (a)
shall terminate on the date that is two years after the date of the
enactment of this Act.
SEC. 603. REPORT ON INFORMATION RELATING TO ACADEMIC PROGRAMS,
SCHOLARSHIPS, FELLOWSHIPS, AND INTERNSHIPS SPONSORED,
ADMINISTERED, OR USED BY THE INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report by the intelligence
community regarding covered academic programs. Such report shall
include--
(1) a description of the extent to which the Director and
the heads of the elements of the intelligence community
independently collect information on covered academic programs,
including with respect to--
(A) the number of applicants for such programs;
(B) the number of individuals who have participated
in such programs; and
(C) the number of individuals who have participated
in such programs and were hired by an element of the
intelligence community after completing such program;
(2) to the extent that the Director and the heads
independently collect the information described in paragraph
(1), a chart, table, or other compilation illustrating such
information for each covered academic program and element of
the intelligence community, as appropriate, during the three-
year period preceding the date of the report; and
(3) to the extent that the Director and the heads do not
independently collect the information described in paragraph
(1) as of the date of the report--
(A) whether the Director and the heads can begin
collecting such information during fiscal year 2017;
and
(B) the personnel, tools, and other resources
required by the Director and the heads to independently
collect such information.
(b) Covered Academic Programs Defined.--In this section, the term
``covered academic programs'' 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. 604. REPORT ON CYBERSECURITY THREATS TO SEAPORTS OF THE UNITED
STATES AND MARITIME SHIPPING.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Homeland Security for
Intelligence and Analysis, in consultation with the Director of
National Intelligence, shall submit to the congressional intelligence
committees a report on the cybersecurity threats to, and the cyber
vulnerabilities within, the software, communications networks, computer
networks, or other systems employed by--
(1) entities conducting significant operations at seaports
in the United States;
(2) the maritime shipping concerns of the United States;
and
(3) entities conducting significant operations at
transshipment points in the United States.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A description of any recent and significant
cyberattacks or cybersecurity threats directed against
software, communications networks, computer networks, or other
systems employed by the entities and concerns described in
paragraphs (1) through (3) of subsection (a).
(2) An assessment of--
(A) any planned cyberattacks directed against such
software, networks, and systems;
(B) any significant vulnerabilities to such
software, networks, and systems; and
(C) how such entities and concerns are mitigating
such vulnerabilities.
(3) An update on the status of the efforts of the Coast
Guard to include cybersecurity concerns in the National
Response Framework, Emergency Support Functions, or both,
relating to the shipping or ports of the United States.
SEC. 605. REPORT ON COUNTER-MESSAGING ACTIVITIES.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Under Secretary of Homeland Security for Intelligence
and Analysis shall submit to the congressional intelligence committees
a report on the counter-messaging activities of the Department of
Homeland Security with respect to the Islamic State and other extremist
groups.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of whether, and to what extent, the
Secretary of Homeland Security, in conducting counter-messaging
activities with respect to the Islamic State and other
extremist groups, consults or coordinates with the Secretary of
State, regarding the counter-messaging activities undertaken by
the Department of State with respect to the Islamic State and
other extremist groups, including counter-messaging activities
conducted by the Global Engagement Center of the Department of
State.
(2) Any criteria employed by the Secretary of Homeland
Security for selecting, developing, promulgating, or changing
the counter-messaging approach of the Department of Homeland
Security, including any counter-messaging narratives, with
respect to the Islamic State and other extremist groups.
SEC. 606. REPORT ON REPRISALS AGAINST CONTRACTORS OF THE INTELLIGENCE
COMMUNITY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
report on reprisals made against covered contractor employees.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) Identification of the number of known or suspected
reprisals made against covered contractor employees during the
five-year period preceding the date of the report.
(2) An evaluation of the usefulness of establishing in law
a prohibition on reprisals against covered contractor employees
as a means of encouraging such contractors to make protected
disclosures.
(3) A description of any challenges associated with
establishing in law such a prohibition, including with respect
to the nature of the relationship between the Federal
Government, the contractor, and the covered contractor
employee.
(4) A description of any approaches taken by the Federal
Government to account for reprisals against non-intelligence
community contractors who make protected disclosures, including
pursuant to section 2409 of title 10, United States Code, and
sections 4705 and 4712 of title 41, United States Code.
(5) Any recommendations the Inspector General determines
appropriate.
(c) Definitions.--In this section:
(1) The term ``covered contractor employee'' means an
employee of a contractor of an element of the intelligence
community.
(2) The term ``reprisal'' means the discharge, demotion, or
other discriminatory 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.
Union Calendar No. 443
114th CONGRESS
2d Session
H. R. 5077
[Report No. 114-573]
_______________________________________________________________________
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.
_______________________________________________________________________
May 18, 2016
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed