House Passes FY2017 Intelligence Authorization Act

[Congressional Record Volume 162, Number 171 (Wednesday, November 30, 2016)]
[House]
[Pages H7028-H7046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017

Mr. NUNES. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 6393) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 6393

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 math
education in the intelligence community.
Sec. 305. Retention of employees of the intelligence community who have
science, technology, engineering, or math expertise.
Sec. 306. Modifications to certain requirements for construction of
facilities.
Sec. 307. Protections for independent inspectors general of certain
elements of the intelligence community.
Sec. 308. Modification of certain whistleblowing procedures.
Sec. 309. Congressional oversight of policy directives and guidance.
Sec. 310. Notification of memoranda of understanding.
Sec. 311. Technical correction to Executive Schedule.
Sec. 312. 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. Clarification of authority, direction, and control over the
information assurance directorate of the National
Security Agency.
Sec. 422. Enhancing the technical workforce for the Federal Bureau of
Investigation.
Sec. 423. 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. Limitation on travel of accredited diplomats and consulars of
the Russian Federation in the United States from their
diplomatic post.
Sec. 503. Study and report on enhanced intelligence and information
sharing with Open Skies Treaty member states.

TITLE VI--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

Sec. 601. Information on activities of the Privacy and Civil Liberties
Oversight Board.
Sec. 602. Authorization of appropriations for Privacy and Civil
Liberties Oversight Board.

TITLE VII--REPORTS AND OTHER MATTERS

Sec. 701. Declassification review with respect to detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 702. Cyber Center for Education and Innovation Home of the
National Cryptologic Museum.
Sec. 703. Oversight of national security systems.
Sec. 704. Joint facilities certification.
Sec. 705. Leadership and management of space activities.
Sec. 706. Advances in life sciences and biotechnology.
Sec. 707. Reports on declassification proposals.
Sec. 708. Improvement in Government classification and
declassification.
Sec. 709. Report on implementation of research and development
recommendations.
Sec. 710. Report on Intelligence Community Research and Development
Corps.
Sec. 711. Report on information relating to academic programs,
scholarships, fellowships, and internships sponsored,
administered, or used by the intelligence community.
Sec. 712. Report on intelligence community employees detailed to
National Security Council.
Sec. 713. Intelligence community reporting to Congress on foreign
fighter flows.
Sec. 714. Report on cybersecurity threats to seaports of the United
States and maritime shipping.
Sec. 715. Report on counter-messaging activities.
Sec. 716. 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

[[Page H7029]]

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 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 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).
(d) Contractor Conversions.--
(1) Authority for increases.--In addition to the authority
under subsection (a), the Director of National Intelligence
may authorize employment of civilian personnel in an element
of the intelligence community in excess of the number
authorized for fiscal year 2017 by the classified Schedule of
Authorizations referred to in section 102(a), as such number
may be increased pursuant to subsection (a), if--
(A) the Director determines that the increase under this
paragraph is necessary to convert the performance of any
function of the element by contractors to performance by
civilian personnel; and
(B) the number of civilian personnel of the element
employed in excess of the number authorized under such
section 102(a), as such number may be increased pursuant to
both subsection (a) and this paragraph, does not exceed 10
percent of the number of civilian personnel authorized under
such schedule for the element.
(2) Notice to congressional intelligence committees.--Not
less than 30 days prior to exercising the authority described
in paragraph (1), the Director of National Intelligence shall
submit to the congressional intelligence committees, in
writing--
(A) notification of exercising such authority;
(B) justification for making the conversion described in
subparagraph (A) of such paragraph; and
(C) certification that such conversion is cost effective.

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 $559,796,000. 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 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
MATH 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 MATH 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:

[[Page H7030]]

``SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY,
ENGINEERING, OR MATH 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 one or more
categories of positions in such element that require
expertise in science, technology, engineering, or math
(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. 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 (50 U.S.C. 3303) is repealed.
(b) Notification.--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. 307. 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 such a waiver 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; or
(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. 308. 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), by striking ``the Director, through
the Inspector General,'' and inserting ``the Inspector
General, in consultation with the Director,''.

(2) Conforming amendments.--
(A) In general.--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) Intelligence reform and terrorism prevention act of
2004.--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)--

[[Page H7031]]

(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. 309. 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 annex to such a Directive,
Guidance, or other document, that assigns takes, roles, or
responsibilities 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 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 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 description of such
implementation.

SEC. 310. 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. 311. 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. 312. 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 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. 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--

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(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) is amended by adding at the end the following
new subsection:
``(y) Analyses and Impact Statements Regarding Proposed
Investment Into the United States.--
``(1) In general.--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) Impact statements.--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. 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. 422. 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 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.

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(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. 423. 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) 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.

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 United States 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 United States 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) Matters included.--Each report under paragraph (1)
shall include a summary of the following:
(A) Active measures by Russia to exert covert influence
during the previous year, including significant incidents and
notable trends.
(B) Key initiatives of the committee.
(C) Implementation of the committee's initiatives by the
heads of the agencies and departments of the United States
Government specified in subsection (c)(1)(B).
(D) Analysis of the success of such initiatives.
(E) Changes to such initiatives from the previous year.
(3) Separate reporting requirement.--The requirement to
submit an annual report under paragraph (1) is in addition to
any other reporting requirements with respect to Russia.

SEC. 502. LIMITATION ON TRAVEL OF ACCREDITED DIPLOMATS AND
CONSULARS OF THE RUSSIAN FEDERATION IN THE
UNITED STATES FROM THEIR DIPLOMATIC POST.

(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) Quarterly Limitation on Travel Distance.--Accredited
diplomatic personnel and consulars of the Russian Federation
in the United States may not be permitted to travel a
distance in excess of 25 miles from their diplomatic post in
the United States in a calendar quarter unless, on or before
the last day of the preceding calendar quarter, the Director
of the Federal Bureau of Investigation has certified in
writing to the appropriate committees of Congress that during
the preceding calendar quarter the Bureau did not identify
any violations by accredited diplomatic personnel and
consulars of the Russian Federation of applicable
requirements to notify the United States Government in
connection with travel by such diplomatic personnel and
consulars of a distance in excess of 25 miles from their
diplomatic post in the United States.
(c) Applicability.--Subsection (b) shall apply to each
calendar quarter that begins more than 90 days after the date
of the enactment of this Act.
(d) Waiver Authority.--

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(1) In general.--The Director of the Federal Bureau of
Investigation may waive any travel distance limitation
imposed by subsection (b) if the Director determines that
such a waiver will further the law enforcement or national
security interests of the United States.
(2) Notification.--Not later than 15 days after issuing a
waiver under paragraph (1), the Director of the Federal
Bureau of Investigation shall submit to the appropriate
committees of Congress a notification that such waiver has
been issued and the justification for the issuance of such
waiver.

SEC. 503. STUDY AND REPORT ON ENHANCED 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 over 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 on Russian Federation
warfighting doctrine and the extent to which Russian
Federation flights under the Open Skies Treaty contribute to
such doctrine.
(B) A counterintelligence analysis as to whether the
Russian Federation has, could have, or intends to have the
capability to exceed the imagery limits set forth in the Open
Skies Treaty.
(C) A list of intelligence exchanges with covered state
parties that have been updated on the information described
in subparagraphs (A) and (B) and the date and form such
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--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SEC. 601. INFORMATION ON ACTIVITIES OF THE PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.

Subsection (e) of section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(e)) is
amended--
(1) by striking the subsection heading and inserting
``Reports and Oversight Activities.--''; and
(2) by adding at the end the following:
``(3) Information.--
``(A) Oversight activities.--In addition to the reports
submitted under paragraph (1)(B), the Board shall ensure that
each official and congressional committee specified in
subparagraph (B) is kept fully and currently informed of the
oversight activities of the Board, including any significant
anticipated oversight activities.
``(B) Officials and congressional committees specified.--
The officials and congressional committees specified in this
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
Board's oversight activities.
``(iii) The Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives.
``(C) Exemption for statutory advice function.--This
paragraph shall not apply to exercises of the Board's advice
function as set out in subsection (d)(1).
``(D) Preservation of privilege.--Nothing in this paragraph
may be construed to abridge or require waiver of any
applicable privilege.
``(4) Reports on advice to elements of the intelligence
community.--Whenever an element of the intelligence community
acts in contravention of the advice provided by the Board
under subsection (d)(1), the Board shall, no less than 30
days after the action in contravention of the Board's advice,
notify the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives of the provision of advice and of the
action by the element of the intelligence community.''.

SEC. 602. 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).

TITLE VII--REPORTS AND OTHER MATTERS

SEC. 701. DECLASSIFICATION REVIEW WITH RESPECT TO DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.

(a) In General.--For each individual detained at United
States Naval Station, Guantanamo Bay, Cuba, after September
11, 2001, who was transferred or released from United States
Naval Station, Guantanamo Bay, Cuba, the Director of National
Intelligence shall--
(1)(A) complete a declassification review of 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

[[Page H7035]]

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).

SEC. 702. 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, any
predecessor or successor organizations of such Agency, and
the history of cryptology.
``(3) The Center may contain meeting, conference, and
classroom facilities that will be used to support such
education, training, public outreach, and other purposes as
the Secretary considers appropriate.
``(b) Design, Construction, and Operation.--The Secretary
may enter into an agreement with the 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.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 449 of title 10, United State Code, is
amended by adding at the end the following new item:

``4781. Cyber Center for Education and Innovation Home of the National
Cryptologic Museum.''.

SEC. 703. OVERSIGHT OF NATIONAL SECURITY SYSTEMS.

(a) In General.--Section 3557 of title 44, United States
Code, is amended--
(1) by striking ``The head'' and inserting the following:
``(c) Responsibilities of Agencies.--The head''; and
(2) by inserting before subsection (c), as designated by
paragraph (1), the following:
``(a) Definitions.--In this section:
``(1) Binding operational directive.--Notwithstanding
section 3552(b), the term `binding operational directive'
means a compulsory direction to an agency that--
``(A) is for purposes of safeguarding national security
information and information systems from a known or
reasonably suspected information security threat,
vulnerability, or risk; and
``(B) shall be in accordance with policies, principles,
standards, and guidelines issued by the Committee.
``(2) Committee.--The term `Committee' means the committee
established pursuant to National Security Directive 42,
signed by the President on July 5, 1990.
``(3) National manager.--The term `National Manager' means
the national manager referred to in National Security
Directive 42, signed by the President on July 5, 1990.
``(b) Oversight by National Manager.--
``(1) Designation.--The Director of the National Security
Agency shall serve as the National Manager.
``(2) Registration of national security systems.--
``(A) In general.--Each head of an agency that operates or
exercises control of a national security system shall
register such system and its configuration with the National
Manager.
``(B) Limitation.--The head of an agency operating or
exercising control of a national security system may not
operate or exercise control of such national security system
until such head receives a letter from the National Manager
that acknowledges registration of such national security
system.
``(3) Authority to inspect.--The National Manager, in
consultation with the head of an agency that operates or
exercises control of a national security system, may, as the
National Manager considers appropriate, inspect such system--
``(A) for adherence to such standards as the Committee may
establish for national security systems; and
``(B) to confirm whether the national security system
coheres with its configuration registered under paragraph
(2).
``(4) Binding operational directives.--
``(A) In general.--Except as provided in subparagraph (B),
the National Manager, in consultation with the Committee, may
issue such binding operational directives as the National
Manager considers appropriate to ensure the security of a
national security system.
``(B) Limitation.--In any case in which the National
Manager issues an operational directive under subparagraph
(A) with respect to a national security system operated or
controlled by an agency, such operational directive shall not
be considered binding if the head of such agency submits to
the National Manager a certification that the operational
directive would degrade national security.
``(C) Annual report.--Not less frequently than once each
year, the National Manager shall submit to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a report on the certifications submitted to
the National Manager under subparagraph (B) in the most
recent year preceding the report.''.
(b) Consideration of Certain Routine Administrative and
Business Applications as National Security Systems.--
(1) Title 40.--Section 11103(a) of title 40, United States
Code, is amended--
(A) by striking paragraph (2);
(B) in paragraph (1)(E), by striking ``subject to paragraph
(2),'';
(C) by striking ``Definition.--'' and all that follows
through ``In this section'' and inserting ``National Security
System Defined.--In this section''; and
(D) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively, and moving such
paragraphs 2 ems to the left.
(2) Title 44.--Section 3552(b)(6) of title 44, United
States Code, is amended--
(A) by striking subparagraph (B);
(B) in subparagraph (A), by striking ``(A)'';
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(D) by redesignating subclauses (I) through (V) as clauses
(i) through (v), respectively; and
(E) in subparagraph (A)(v), as redesignated, by striking
``subject to subparagraph (B),''.

SEC. 704. 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 certification that, to the best of the knowledge of
the head of such element, all

[[Page H7036]]

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 statement listing the reasons for not participating
in the prospective joint facilities considered by the
element.

SEC. 705. 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 an 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 90 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
90 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 and Under Secretary of Defense for
Intelligence, 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. 706. 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. 707. 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. 708. 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 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.

[[Page H7037]]

SEC. 709. 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. 710. 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 a
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. 711. 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. 712. 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. 713. 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. 714. 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; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives.

SEC. 715. 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, consistent with the
protection of sources and methods, shall submit to the
appropriate congressional 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.

[[Page H7038]]

(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.
(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 of the Senate and the Committee on Homeland Security
of the House of Representatives.

SEC. 716. 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Nunes) and the gentleman from California (Mr. Schiff)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Nunes).

General Leave

Mr. NUNES. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks and to include
extraneous material on H.R. 6393.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume.
Passing an annual intelligence authorization bill is the most
important tool Congress has to conduct effective oversight of the
activities of the United States Government. Today, Ranking Member
Schiff and I are bringing a fiscal year 2017 intelligence authorization
bill to the floor for the second time this year. When enacted, it will
mark the seventh consecutive Intelligence Authorization Act.
In May, H.R. 5077 passed the House with a strong bipartisan vote. I
am pleased to say that this bill, H.R. 6393, is likewise a bipartisan
product that reflects the contributions of all of the committee's
members.
The bill contains provisions from H.R. 5077 that won wide bipartisan
support in May and, after extensive negotiations with the Senate,
incorporates numerous provisions from S. 3017, which was reported by
the Senate Select Committee on Intelligence in June.
Because most of the intelligence budget involves highly classified
programs, the committee's schedule of authorizations and the bulk of
the committee's direction is found in the classified annex to the bill.
This classified annex has been available in HVC-304 for all Members to
review since yesterday.
At the unclassified level, I can report that the total funding
authorized by H.R. 6393 balances fiscal discipline and national
security. This bill will keep the intelligence base funding at the same
share of the Bipartisan Budget Act discretionary cap as in fiscal year
2016 and is consistent with the administration's amended budget request
for overseas contingency operations. Furthermore, the bill funds the
Military Intelligence Program in line with the levels of the conference
version of the National Defense Authorization Act for Fiscal Year 2017.
The agreed text preserves key committee, House, and Senate funding
initiatives that are vital to national security. The bill funds high-
priority initiatives not included in the President's request and trims
requested increases that lack clear justifications. It reflects careful
judgments as to which programs represent the best value for
intelligence dollars in a challenging budget environment.
The bill will ensure that the men and women of our intelligence
community have the funding, authorities, and support they need to carry
out their mission and to keep us safe.
Before closing, I want to take a moment to thank the men and women of
this country who serve in our intelligence community and thank the
families of those who have lost their lives while serving in silence. I
am honored to have gotten to know so many dedicated intelligence
personnel in the course of the committee's oversight work.
I would also like to thank all of the committee's members--majority
and minority--for their contributions to this bill. The many hearings,
briefings, and oversight visits by our members carried out during the
year provide the inputs for the authorization and direction in this
annual bill and ensure the intelligence community remains accountable
to the robust oversight of the people's elected Representatives.
I would like to thank my staff, including our staff director--Damon
Nelson--George Pappas, Derek Harvey, Geof Kahn, Shannon Stuart, Michael
Ellis, Scott Glabe, Jack Langer, Nick Ciarlante, Marissa Skaggs, Bill
Flanigan, Lisa Major, Chelsey Campbell, Doug Presley, Andrew House,
Steve Keith, and Angel Smith. I would also like to thank our two
fellows from Los Alamos National Laboratory--Scott Miller and Phil
Tubesing. I would also like to thank the committee's shared staff--
Brandon Smith, Kristin Jepson, and Kimberlee Kerr.
In closing, I would like to thank Mr. Schiff, my ranking member, who
has been just a pleasure to work with over the last couple of years.
Without his work and his staff's hard work, we would not be in a
position today in which we could stand up here with a strong bipartisan
product.
Mr. Speaker, I would like to outline the joint explanatory statement
to accompany the Intelligence Authorization Act of Fiscal Year 2017:

JOINT EXPLANATORY STATEMENT TO ACCOMPANY THE INTELLIGENCE AUTHORIZATION
ACT FOR FISCAL YEAR 2017

This joint explanatory statement reflects negotiations
between the House Permanent Select Committee on Intelligence
and the Senate Select Committee on Intelligence (hereinafter,
``the Agreement''). The joint explanatory statement shall
have the same effect with respect to the implementation of
this Act as if it were a joint explanatory statement of a
conference committee.
The joint explanatory statement comprises three parts: an
overview of the application of the annex to accompany this
statement; unclassified congressional direction; and a
section-by-section analysis of the legislative text.

Part I: Application of the Classified Annex

The classified nature of U.S. intelligence activities
prevents the congressional intelligence committees from
publicly disclosing many details concerning the conclusions
and recommendations of the Agreement. Therefore, a classified
Schedule of Authorizations and a classified annex have been
prepared to describe in detail the scope and intent of the
congressional intelligence committees' actions. The Agreement
authorizes the Intelligence Community (IC) to obligate and
expend funds not altered or modified by the classified
Schedule of Authorizations as requested in the President's
budget, subject to modification under applicable
reprogramming procedures.
The classified annex is the result of negotiations between
the House Permanent Select Committee on Intelligence and the
Senate Select Committee on Intelligence. It reconciles the
differences between the committees' respective versions of
the bill for the National Intelligence Program (NIP) and the
Homeland Security Intelligence Program (HSIP) for Fiscal Year
2017. The Agreement also makes recommendations for the
Military Intelligence Program (MIP), and the Information
Systems Security Program

[[Page H7039]]

(ISSP), consistent with the National Defense Authorization
Act for Fiscal Year 2017, and provides certain direction for
these two programs.
The Agreement supersedes the classified annexes to the
reports accompanying H.R. 5077--passed by the House on May
24, 2016--and S. 3017--reported by the Senate Select
Committee on Intelligence on June 15, 2016. All references to
the House-passed and Senate-reported annexes are made solely
to provide the heritage of, and context for, specific
provisions.
The classified Schedule of Authorizations is incorporated
into the bill pursuant to Section 102. It has the status of
law. The classified annex supplements and adds detail to
clarify the authorization levels found in the bill and the
'classified Schedule of Authorizations. The classified annex
shall have the same legal force as the report to accompany
the bill.

Part II: Select Unclassified Congressional Direction

The Agreement supersedes H. Rept. 114-573 accompanying H.R.
5077--passed by the House on May 24, 2016--and S. Rept. 114-
277 accompanying S. 3017--reported by the Senate Select
Committee on Intelligence on June 15, 2016. The phrase
``consistent with'' is used solely to provide the heritage
of, and context for, specific provisions by denoting the
report(s) from which the Agreement's unclassified direction
derives.
Commercial Geospatial Intelligence Strategy
Consistent with S. Rept. 114-277 accompanying S. 3017, the
Agreement encourages the Department of Defense (DoD), in
building future-year budgets, to ensure continued funding is
provided for implementation, through at least Fiscal Year
2021, of the Commercial Geospatial Intelligence Strategy
issued by the National Geospatial-Intelligence Agency (NGA)
in October 2015.
Space Launch Facilities
Consistent with S. Rept. 114-277 accompanying S. 3017, the
Agreement directs the IC, in partnership with the U.S. Air
Force, to consider the role and contribution of spaceports or
launch and range complexes to our national security space
launch capacity, and directs the Office of the Director of
National Intelligence (ODNI), in consultation with DoD and
the U.S. Air Force, no later than 90 days after the enactment
of this Act, to brief the congressional intelligence
committees on their plans to utilize such facilities.
National Reconnaissance Office Workforce Optimization
Strategy
Consistent with S. Rept. 114-277 accompanying S. 3017, the
Agreement directs the National Reconnaissance Office (NRO),
no later than 90 days after the enactment of this Act, to
conduct a workforce review to optimize the mix between
government civilians and contractors and submit to the
congressional intelligence committees a report containing a
workforce optimization strategy.
Review of the National Intelligence University
The National Intelligence University (NIU) has made
significant progress in recent years in its transition from a
defense intelligence college to a national intelligence
university that provides advanced education in a classified
format. Such advanced education is integral to making
intelligence a profession with recognized standards for
performance and ethics and fostering an integrated IC
workforce. While progress has been significant since the
Director of National Intelligence (DNI) and Secretary of
Defense agreed to redesignate Defense Intelligence Agency's
(DIA) National Defense Intelligence College as NIU in 2011,
the institution must continue to adapt to functioning as a
university with a robust research agenda, and to serving the
entire IC, not just elements of DoD.
Fiscal years 2017 and 2018 are of great significance for
NIU, as it moves its principal facility to the IC Campus at
Bethesda, completes activities associated with its 2018
decennial regional accreditation reaffirmation, and receives
a new president. The congressional intelligence committees
believe that these developments position NIU to make further
progress in its vision to become the center of academic life
for the IC.
To guide these next steps, the Agreement directs DIA, in
coordination with ODNI and the Office of the Under Secretary
of Defense for Intelligence, to, no later than 30 days after
enactment of this Act, select a five-member, external, and
independent panel to conduct a review of NIU. The panel shall
submit a report detailing the results of such review to the
congressional intelligence and defense committees within 180
days of enactment of this Act. The panel should be composed
of recognized academics, personnel from other DoD joint
professional military education institutions, national
security experts, and at least one member of NIU's Board of
Visitors.
This review and the resulting report shall, among other
things, assess:
(1) Methods for ensuring a student body that is more
representative of all IC elements;
(2) Incentives for IC elements to send personnel to NIU to
earn a degree or certificate, to include designating
attendance at NIU as positions reimbursable by ODNI and
requiring IC elements to employ the workforce concept of
``float'' for personnel enrolled in higher-education
programs;
(3) How certificate programs align with NIU's unique value
as an institution of advanced intelligence education;
(4) Methods to enhance NIU's research program, to include
publication of a journal, hosting of conferences and other
collaborative fora, and more formalized relationships with
intelligence studies scholars;
(5) Whether and how educational components of other IC
elements could provide educational offerings as part of the
NIU curriculum;
(6) Potential advantages and risks associated with
alternative governance models for NIU, to include moving it
under the auspices of ODNI; and
(7) The feasibility and resource constraints of NIU
tailoring degree offerings to meet the needs of IC personnel
at different stages in their careers, similar to DoD's joint
professional military education model.
Privacy and Civil Liberties Oversight Board priorities
Consistent with H. Rept. 114-573 accompanying H.R. 5077 and
S. Rept. 114-277 accompanying S. 3017, the Agreement strongly
encourages the Privacy and Civil Liberties Oversight Board
(PCLOB) to prioritize the privacy rights and civil liberties
of U.S. persons in any findings, recommendations, or other
reports stemming from its in-depth examinations of
counterterrorism activities governed by Executive Order
12333. The Agreement further encourages PCLOB to refrain from
publishing any such materials in unclassified form until
PCLOB has completed a thorough fact-finding process, and the
congressional intelligence committees expect the IC will
provide timely cooperation with that process.
Cost of living consideration
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement recommends that DIA evaluate alternate
mechanisms for staffing overseas Combatant Command
intelligence centers, particularly those that are not co-
located with Combatant Command headquarters, and identify
cost-savings opportunities by reducing the number of
personnel receiving living quarters allowance payments and
shifting personnel to lower cost locations, including in the
continental United States.
Defense Intelligence Agency education opportunities
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs DIA, no later than 180 days after the
enactment of this Act, to:
(1) Provide for and fund a program that allows for DIA
employees to attend civilian graduate degree programs for up
to two years each, based on the standard length of the
relevant program, provided that:
(a) Where DIA deems appropriate, employees may pursue
academic programs extending beyond two years. Consistent with
current practices, the program should be made available to at
least five employees each year, with each employee receiving
a full-time salary while participating in the program; and
(b) Each DIA participant shall be subject to any program
approvals, service obligations, repayment obligations, and
other requirements pertaining to academic programs, as
prescribed by applicable laws and policies.
(2) Brief the congressional intelligence committees on the
status of the program's implementation.
Mental health prevalence
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs the National Security Agency (NSA),
NGA, the Central Intelligence Agency (CIA), and DIA, no later
than 180 days after the enactment of this Act, to provide a
joint briefing to the congressional intelligence committees
on the mental health screenings and related services that
these agencies offer employees, both before and after they
deploy to combat zones. Such briefing shall include a
description of:
(1) Existing services available;
(2) Agency resources for and analysis of these services,
including the frequency of use by employees compared to the
total number returning from deployment; and
(3) How agencies with deployed civilian employees are
sharing best practices and leveraging services or resources
outside their agencies.
Review of the Office of the Director of National Intelligence
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs the President to form an independent,
external panel of at least five individuals with significant
intelligence and national security expertise to review ODNI's
roles, missions and functions and make recommendations, as
needed, regarding its authorities, organization and
resources. The panel shall:
(1) Evaluate ODNI's ability to fulfill the responsibilities
assigned to it in law given its current scope and structure;
(2) Assess whether any roles and responsibilities currently
assigned to the DNI could be more effectively or efficiently
executed by other IC components or government agencies
outside the IC;
(3) Analyze the personnel, funding, and authorities
required for each component of ODNI to perform each of its
assigned responsibilities;
(4) Evaluate the organizational structure of ODNI;
(5) Review the size, role, purpose and function of ODNI's
mission centers;
(6) Assess the value of the national intelligence manager
construct;

[[Page H7040]]

(7) Review the size and mix of the ODNI workforce--to
include the ratio between cadre and detailees, the balance
between government and contractors, and grade structure--to
perform its roles, missions and functions; and
(8) Make recommendations regarding the above.
The Agreement directs the President, no later than 30 days
after the enactment of this Act, to select the individuals
who will serve on the external panel and notify the
congressional intelligence committees of such selection.
In addition, the Agreement directs the panel, no later than
180 days after the enactment of this Act, to provide a report
on this review to the congressional intelligence committees.
This report shall be unclassified, but may contain a
classified annex. The Agreement further directs ODNI to
reimburse the Executive Office of the President for any costs
associated with the review.
Improving pre-publication review
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs that, no later than 180 days after the
enactment of this Act, the DNI shall issue an IC-wide policy
regarding pre-publication review. The DNI shall transmit this
policy to the congressional intelligence committees
concurrently with its issuance. The policy should require
each IC agency to develop and maintain a pre-publication
policy that contains, at a minimum, the following elements:
(1) Identification of the individuals subject to pre-
publication review requirements (``covered individuals'');
(2) Guidance on the types of information that must be
submitted for pre-publication review, including works (a)
unrelated to an individual's IC employment; or (b) published
in cooperation with a third party, e.g.--
(a) Authored jointly by covered individuals and third
parties;
(b) Authored by covered individuals but published under the
name of a third party; or
(c) Authored by a third party but with substantial input
from covered individuals.
(3) Guidance on a process by which covered individuals can
participate in pre-publication reviews, and communicate
openly and frequently with reviewers;
(4) Requirements for timely responses, as well as reasoned
edits and decisions by reviewers;
(5) Requirements for a prompt and transparent appeal
process;
(6) Guidelines for the assertion of interagency equities in
pre-publication review;
(7) A summary of the lawful measures each agency may take
to enforce its policy, to include civil and criminal
referrals; and
(8) A description of procedures for post-publication review
of documents that are alleged or determined to reveal
classified information but were not submitted for pre-
publication review.
Additionally, the Agreement directs ODNI, no later than 180
days after the enactment of this Act, to provide to the
congressional intelligence committees a report on the
adequacy of IC information technology efforts to improve and
expedite pre-publication review processes, and the resources
needed to ensure that IC elements can meet this direction.
The Agreement further directs the DNI, no later than 270
days after the enactment of this Act, to certify to the
congressional intelligence committees that IC elements' pre-
publication review policies, non-disclosure agreements, and
any other agreements imposing pre-publication review
obligations reflect the policy described above.
Student loan debt report
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs ODNI, no later than 180 days after the
enactment of this Act, to provide a report to the
congressional intelligence committees on programs that seek
to help IC personnel manage student loan debt. The report
shall include details about each IC element's program,
including loan forgiveness, loan repayment, and financial
counseling programs; efforts to inform prospective and
current employees about such programs; and the number of
employees who use such programs. The report shall also
include an analysis of the benefits and drawbacks of creating
new programs and expanding existing programs, and shall
identify any barriers to the establishment of IC-wide
programs.
Workforce development partnership
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs the DNI Chief Human Capital Officer, no
later than 180 days after the enactment of this Act, to
provide to the congressional intelligence committees an
interagency briefing on new approaches, including outreach
and advertising, the IC is considering or conducting to
attract a diverse, robust information technology and Science,
Technology, Engineering, and Math workforce to meet the
increasing demands in the IC.
Distributed Common Ground/Surface System-Army
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement requests that the Army, no later than 90 days
after the enactment of this Act, submit a plan to the
congressional intelligence and defense committees on how the
Army will fully incorporate Distributed Common Ground/Surface
System-Army (DCGS-A) training into the readiness cycle for
Army personnel. The plan should specifically address any
lessons learned from the fielding of DCGS-A Increment 1 and
any ongoing corrective actions to improve the roll-out of
Increment 1, Release 2.
Common controller for unmanned aircraft systems
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement requests that the Army and the Marine Corps
Intelligence Activity (MCIA), no later than 90 days after the
enactment of this Act, jointly submit a report to the
congressional intelligence and defense committees on the
feasibility of developing a common controller for all Brigade
and Below unmanned aircraft systems (UAS) airframes, as well
as U.S. Marine Corps small unit UAS. The report should
address the potential performance and operational benefits of
a common controller, anticipated development costs, and
anticipated life-cycle cost savings of a common controller.
Review of dual-hatting relationship
The congressional intelligence committees support further
evaluation of the dual-hatting of a single individual as both
Commander of U.S. Cyber Command (USCYBERCOM) and Director of
the National Security Agency (DIRNSA).
Therefore, the Agreement directs the Secretary of Defense,
no later than 180 days after the enactment of this Act, to
provide to the congressional intelligence and defense
committees a briefing that reviews and provides an assessment
of the dual-hatting of DIRNSA and Commander, USCYBERCOM, This
briefing should address:
(1) Roles and responsibilities, including intelligence
authorities, of USCYBERCOM and NSA;
(2) Assessment of the current impact of the dual-hatting
relationship, including advantages and disadvantages;
(3) Plans and recommendations on courses of action that
would be necessary to end the dual-hatting of DIRNSA and
Commander, USCYBERCOM;
(4) Suggested timelines for carrying out such courses of
action;
(5) Recommendations for any changes in law that would be
required by the end of dual-hatting; and
(6) Any additional topics as identified by the intelligence
and defense committees.
The congressional intelligence committees further believe
that a larger organizational review of NSA should be
conducted with respect to the eventual termination of the
dual-hatting relationship. The congressional intelligence
committees seek to promote the efficient and effective
execution of NSA's national intelligence mission,
Specifically, the congressional intelligence committees
believe that the organization of NSA should be examined to
account for the evolution of its mission since its
establishment, the current structure of the intelligence
community, and the fact that the NSA is predominantly funded
through the NIP.
Therefore, the Agreement further directs the DNI, no later
than 180 days after the enactment of this Act, to conduct an
assessment and provide a briefing to the congressional
intelligence committees on options to better align the
structure, budgetary procedures, and oversight of NSA with
its national intelligence mission in the event of a
termination of the dual-hafting relationship. This briefing
should include:
(1) An assessment of the feasibility of transitioning NSA
to civilian leadership appointed by the DNI in lieu of
military leadership appointed by the Secretary of Defense;
(2) How NSA could be organizationally separated from DoD if
USCYBERCOM were elevated to become a unified combatant
command; and
(3) Any challenges, such as those requiring changes in law,
associated with such a separation.
Acquisition security improvement
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs ODNI, no later than 180 days after the
enactment of this Act, to review and consider amendments to
Intelligence Community Directive (ICD) 801 to better reflect
and anticipate supply chain and cybersecurity risks and
threats, as well as to outline policies to mitigate both
risks and threats. In particular, the review should examine
whether to:
(1) Expand risk management criteria in the acquisition
process to include cyber and supply chain threats;
(2) Require counterintelligence and security assessments as
part of the acquisition and procurement process;
(3) Propose and adopt new education requirements for
acquisition professionals on cyber and supply chain threats;
and
(4) Factor in the cost of cyber and supply chain security.
The Agreement further directs ODNI, no later than 210 days
after the enactment of this Act, to provide to the
congressional intelligence committees a report describing the
review, including ODNI's process for considering amendments
to ICD 801, and specifically addressing ODNI's analysis and
conclusions with respect to paragraphs (1) through (4) above.
Cyber information sharing and customer feedback
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs ODNI, no later than 120 days after the
enactment of this Act, to brief the congressional
intelligence committees on IC-wide efforts to share more
information with the Department of Homeland Security (DHS)
for further dissemination to the private sector.

[[Page H7041]]

This briefing shall specifically address types of information
shared, metrics on output, tabulation of low output producing
agencies, recommendations on how low output agencies can
increase sharing, timeliness of information shared, and
average total time it takes for information to transit the
system.
The Agreement also directs ODNI, in coordination with the
DHS Office of Intelligence and Analysis (I&A), to conduct a
survey of government and private sector participants of the
National Cybersecurity and Communications Integration Center
(NCCIC). The survey shall be anonymous, provide an accurate
assessment of the usefulness and timeliness of the data
received, and determine if customers are satisfied with
intelligence briefings on threat actors impacting their
specific industry. The Agreement further directs ODNI, no
later than one year after the enactment of this Act, to
provide to the congressional intelligence and homeland
security committees an unclassified report detailing the
results of this survey.
Department of Homeland Security utilization of National Labs
expertise
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs, no later than 180 days after the
enactment of this Act, DHS I&A, in coordination with DOE
Office of Intelligence and Counterintelligence (DOE-IN), to
provide to the congressional intelligence committees a report
on the current utilization of Department of Energy (DOE)
National Labs expertise by DHS I&A. This report should
address opportunities to increase DHS I&A's utilization of
cybersecurity expertise of the National Labs as well as the
budgetary implications of taking advantage of these potential
opportunities.
Cybersecurity courses for Centers of Academic Excellence
Consistent with H. Rept. 114-573 accompanying H.R. 5077,
the Agreement directs ODNI, no later than 180 days after the
enactment of this Act, to submit to the congressional
intelligence committees a report on improving cybersecurity
training within NIP-funded undergraduate and graduate
computer science programs. The report should specifically
address:
(1) The potential advantages and disadvantages of
conditioning an institution's receipt of such funds on its
computer science program's requiring cybersecurity as a
precondition to graduation;
(2) How Centers of Academic Excellence programs might
bolster cybersecurity educational requirements; and
(3) Recommendations to support the goal of ensuring that
federally-funded computer science programs properly equip
students to confront future cybersecurity challenges.

Part III: Section-by-Section Analysis and Explanation of Legislative
Text

The following is a section-by-section analysis and
explanation of the Intelligence Authorization Act for Fiscal
Year 2017.

Title I--Intelligence Activities

Section 101. Authorization of appropriations
Section 101 lists the United States Government departments,
agencies, and other elements for which the Act authorizes
appropriations for intelligence and intelligence-related
activities for Fiscal Year 2017.
Section 102. Classified Schedule of Authorizations
Section 102 provides that the details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities and the applicable personnel
levels by program for Fiscal Year 2017 are contained in the
classified Schedule of Authorizations and that the classified
Schedule of Authorizations shall be made available to the
Committees on Appropriations of the Senate and House of
Representatives and to the President.
Section 103. Personnel ceiling adjustments
Section 103 provides that the DNI may authorize employment
of civilian personnel in Fiscal Year 2017 in excess of the
number of authorized positions by an amount not exceeding
three percent of the total limit applicable to each
intelligence community (IC) element under Section 102, if
necessary to the performance of important intelligence
functions, and an amount not exceeding 10 percent of such
limit, if necessary to convert the performance of any
function of the element by contractors to performance by
civilian personnel. The congressional intelligence committees
intend that, for the purpose of Section 103, ``contractor
conversion'' means that the number of contractor full-time
equivalents shall decrease commensurate--on a one-for-one
basis--with the number of contractors converted to government
civilians.
Section 103 also requires that, not less than 30 days prior
to authorizing a contractor conversion under this section,
the DNI shall submit to the congressional intelligence
committees a notification that includes a justification for
making the conversion and a certification that such
conversion is cost effective. The congressional intelligence
committees intend that, in certifying that such conversion is
cost effective, the DNI shall include a comparison of costs
using a mature model that has been reviewed and accepted by
the congressional intelligence committees.
Section 104. Intelligence Community Management Account
Section 104 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the DNI and sets the
authorized personnel levels for the elements within the ICMA
for Fiscal Year 2017.

Title II--Central Intelligence Agency Retirement and Disability System

Section 201. Authorization of appropriations
Section 201 authorizes appropriations in the amount of
$514,000,000 for Fiscal Year 2017 for the Central
Intelligence Agency Retirement and Disability Fund.

Title III--General Intelligence Community Matters

Section 301. Restriction on conduct of intelligence
activities
Section 301 provides that the authorization of
appropriations by the Act shall not be deemed to constitute
authority for the conduct of any intelligence activity that
is not otherwise authorized by the Constitution or laws of
the United States.
Section 302. Increase in employee compensation and benefits
authorized by law
Section 302 provides that funds authorized to be
appropriated by the 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 compensation or benefits authorized by law.
Section 303. Support to nonprofit organizations assisting
intelligence community employees
Section 303 permits the DNI to engage in fundraising in an
official capacity for the benefit of nonprofit organizations
that provide support to surviving family members of a
deceased employee of an element of the IC or otherwise
provide support for the welfare, education, or recreation of
IC employees, former employees, or their family members.
Section 303 requires the DNI to issue regulations ensuring
that the fundraising authority is exercised consistent with
all relevant ethical limitations and principles. Section 303
further requires that the DNI and the Director of the CIA
notify the congressional intelligence committees within seven
days after they engage in such fundraising.
Section 304. Promotion of science, technology, engineering,
and math education in the intelligence community
Section 304 requires the DNI to 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. Section 304 further requires elements of the IC to
submit STEM investment plans supporting this strategy for
each of the fiscal years 2018 through 2022, along with the
materials justifying the budget request of each element for
these STEM recruiting and outreach activities.
Section 305. Retention of employees of the intelligence
community who have science, technology, engineering, or
math expertise
Section 305 authorizes a new payscale to permit salary
increases for employees in the IC with STEM backgrounds.
Section 305 also requires notifications to individual
employees if a position is removed from this new payscale.
Section 305 further requires the head of each IC element to
submit to the congressional intelligence committees a report
on the new rates of pay and number of positions authorized
under this payscale.
Section 306. Modifications to certain requirements for
construction of facilities
Section 306 amends existing law regarding the requirements
for inclusion in the Administration's annual budget request
and clarifies that the requirement to notify the
congressional intelligence committees of improvement projects
with an estimated cost greater than $1,000,000 for facilities
used primarily by IC personnel includes repairs and
modifications.
Section 307. Protections for independent inspectors general
of certain elements of the intelligence community
Section 307 requires the ODNI to develop and implement a
uniform policy for each identified Inspector General (IG)
office in the IC to better ensure their independence. The
provision specifies elements to be incorporated in such a
policy including (a) guidance regarding conflicts of
interest, (b) standards to ensure independence, and (c) a
waiver provision. Section 307 further prohibits the DNI from
requiring an employee of an OIG to rotate to a position in
the element for which such office conducts oversight.
Section 308. Modification of certain whistleblowing
procedures
Section 308 amends current law, including the Intelligence
Community Whistleblower Protection Act (ICWPA), to provide
for the direct transmission to Congress by IC inspectors
general of whistleblower complaints containing classified
information. Section 308 also makes clear that the provision
does not prohibit IC inspectors general from notifying, or
otherwise affect the authority of IC inspectors general to
notify, heads of IC elements or the DNI, as the case may be,
of a complaint or information.
Section 309. Congressional oversight of policy directives and
guidance
Section 309 requires the DNI to submit to the congressional
intelligence committees notifications of the issuance and a
summary of the subject matter of any classified or
unclassified Presidential Policy Directive, Presidential
Policy Guidance, or other similar policy document issued by
the President that assigns tasks, roles, or responsibilities
to the IC, within the specified timeframes.

[[Page H7042]]

Section 309 further requires the DNI to notify the
congressional intelligence committees when the DNI has issued
guidance or direction to implement such policies, and to
submit a copy of such guidance or direction to the
committees.
Section 310. Notification of memoranda of understanding
Section 310 requires the head of each element of the IC to
submit to the congressional intelligence committees copies of
each memorandum of understanding or other agreement regarding
significant operational activities or policy entered into
between, or among, such element and any other entity or
entities of the federal government within specified
timeframes.
Section 310 does not require an IC element 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. An IC element also may redact
any personally identifiable information from a memorandum or
agreement that must be submitted to the intelligence
committees.
Section 311. Technical correction to Executive Schedule
Section 311 contains a technical correction regarding the
annual rate of basic pay for the Director of the National
Counter Proliferation Center.
Section 312. Maximum amount charged for declassification
reviews
Section 312 prohibits the head of an element of the IC from
charging reproduction fees for a mandatory declassification
review in excess of reproduction fees that the head would
charge for a request for information under the Freedom of
Information Act (FOIA). It also permits agency heads to waive
processing fees for declassification reviews in the same
manner as for FOIA.

Title IV--Matters Relating to Elements of the Intelligence Community

Subtitle A--Office of the Director of National Intelligence

Section 401. Designation of the Director of the National
Counterintelligence and Security Center
Section 401 renames the National Counterintelligence
Executive as the ``National Counterintelligence and Security
Center,'' with conforming amendments.
Section 402. Analyses and impact statements by Director of
National Intelligence regarding proposed investment into
the United States
Section 402 directs the DNI to submit to the congressional
intelligence committees, after the completion of a review or
an investigation of any proposed investment into the United
States, any analytic materials prepared by the DNI. This
requirement includes, but is not limited to, national
security threat assessments provided to the Committee on
Foreign Investment in the United States (CFIUS) in connection
with national security reviews and investigations conducted
by CFIUS pursuant to Section 721(b) of the Defense Production
Act of 1950 (50 U.S.C. 4565). This section is not intended to
limit the ability of the DNI to transmit supplementary
materials to the congressional intelligence committees along
with the threat assessments.
Section 402 also directs the DNI to provide the
congressional intelligence committees with impact statements
when the DNI determines a proposed investment into the United
States will have an operational impact on the IC.
Section 403. Assistance for governmental entities and private
entities in recognizing online violent extremist content
Section 403 requires the DNI to publish on a publicly
available Internet website a list of all logos, symbols,
insignia, and other markings commonly associated with, or
adopted by, State Department-designated foreign terrorist
organizations.

Subtitle B--Central Intelligence Agency

Section 411. Enhanced death benefits for personnel of the
Central Intelligence Agency
Section 411 authorizes the Director of the CIA to pay death
benefits substantially similar to those authorized for
members of the Foreign Service, and requires the Director to
submit implementing regulations to the congressional
intelligence committees.
Section 412. Pay and retirement authorities of the Inspector
General of the Central Intelligence Agency
Section 412 amends the Central Intelligence Agency Act of
1949 to authorize the IG of the CIA to consider certain
positions as law enforcement officers for purposes of
calculating retirement eligibility and entitlements under
chapters 83 and 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. Section 412 may not
be construed to confer on the IG of the CIA, or any other
officer or employee of the CIA, any police or law enforcement
or internal security functions or authorities.

Subtitle C--Other Elements

Section 421. Clarification of authority, direction, and
control over the Information Assurance Directorate of the
National Security Agency
Section 421 restores authority, direction, and control over
the Information Assurance Directorate of the NSA to the Under
Secretary of Defense for Intelligence.
Section 422. Enhancing the technical workforce for the
Federal Bureau of Investigation
Section 422 requires the Federal Bureau of Investigation
(FBI) to produce a comprehensive strategic workforce report
to demonstrate progress in expanding initiatives to
effectively integrate information technology expertise in the
investigative process. Section 422 further requires the
report to include assessments of: (1) progress on training,
recruitment, and retention of cyber-related personnel; (2)
whether FBI officers with these skill sets are fully
integrated in the FBI's workforce; (3) the FBI's
collaboration with the private sector on cyber issues; and
(4) the utility of reinstituting and leveraging the FBI
Director's Advisory Board.
Section 423. Plan on assumption of certain weather missions
by the National Reconnaissance Office
Section 423 requires the Director of the NRO to develop a
plan to carry out certain space-based environmental
monitoring missions currently performed by the Air Force. It
also authorizes certain pre-acquisition activities and
directs that an independent cost estimate be submitted to the
congressional intelligence and defense committees. The
Director of NRO may waive the requirement of Section 423 if
the Under Secretary of Defense for Acquisition, Technology,
and Logistics, and the Chairman of the Joint Chiefs of Staff,
jointly submit a certification to the congressional
intelligence and defense committees.

Title V--Matters Relating to Foreign Countries

Section 501. Committee to counter active measures by the
Russian Federation to exert covert influence over peoples
and governments
Section 501 requires the President to establish an
interagency committee to counter active measures by the
Russian Federation to exert covert influence over peoples and
governments, and requires the Committee to report to
appropriate committees of Congress annually on trends in
active measures by the Russian Federation and on the
Committee's key initiatives.
Section 502. Limitation on travel of accredited diplomats and
consulars of the Russian Federation in the United States
from their diplomatic post
Section 502 requires the Director of the FBI to certify
that the FBI did not identify any violations by Russian
diplomats and consulars of the applicable requirements to
notify the United States Government in connection with the
Russian diplomats' or consulars' travel, before the Secretary
of State can permit Russian diplomats or consulars to travel
in excess of 25 miles outside their diplomatic post. Section
502 also permits the Director to waive the aforementioned
travel distance restrictions if the Director determines that
such a waiver will further the law enforcement or national
security interests of the United States.
Section 503. Study and report on enhanced intelligence and
information sharing with Open Skies Treaty member states
Section 503 requires the DNI, with support of other federal
agencies, to conduct a study to determine the feasibility of
creating an intelligence sharing arrangement and database
among parties to the Open Skies Treaty (OST) with higher
frequency, quality, and efficiency than that currently
provided by the parameters of the OST. Section 503 also
requires the Director to issue a report that includes an
intelligence assessment on Russian Federation warfighting
doctrine, the extent to which Russian Federation flights
under the Open Skies Treaty contribute to the warfighting
doctrine, a counterintelligence analysis as to the Russian
Federation's capabilities, and a list of the covered parties
that have been updated with this information.

Title VI--Privacy and Civil Liberties Oversight Board

Section 601. Information on activities of the Privacy and
Civil Liberties Oversight Board
Section 601 requires the PCLOB to keep Congress and
relevant IC elements fully and currently informed of its
oversight activities.
Section 602. Authorization of appropriations for Privacy and
Civil Liberties Oversight Board
Section 602 requires funds available to the PCLOB to be
obligated or expended during a fiscal year only if such funds
were specifically authorized by Congress for that fiscal
year, and authorizes the full amount of the Administration's
budget request for PCLOB for Fiscal Year 2017.

Title VII--Reports and Other Matters

Section 701. Declassification review with respect to
detainees transferred from United States Naval Station,
Guantanamo Bay, Cuba.
Section 701 requires the DNI to complete a declassification
review of intelligence reports prepared by the National
Counterterrorism Center (NCTC) on past terrorist activities
of each Guantanamo detainee held at Guantanamo after
September 11, 2001, for the detainee's Periodic Review Board
(PRB) sessions, transfer, or release from Guantanamo. The
requirement applies both to detainees who have been
transferred or released previously and to detainees
transferred or released in the future. The provision also
accounts for detainees whose transfer or release predated the
establishment of the PRB or NCTC, or the latter's production
of intelligence reports for PRB sessions, transfers, or
releases.
Section 701 further requires the President to make any
declassified intelligence reports

[[Page H7043]]

publicly available and, with respect to each detainee for
whom intelligence reports are declassified, also make public
unclassified summaries of measures being taken by receiving
countries to monitor the detainee and prevent future
terrorist activities. Section 701 requires the DNI to submit
to the congressional intelligence committees a report setting
forth the results of the declassification review, including a
description of covered reports that were not declassified.
Section 702. Cyber Center for Education and Innovation Home
of the National Cryptologic Museum
Section 702 amends 10 U.S.C. Sec. 449 to enable the
establishment of a Cyber Center for Education and Innovation
Home of the National Cryptologic Museum (the ``Center'').
Section 702 also establishes in the Treasury a fund for the
benefit and operation of the Center.
Section 703. Oversight of national security systems
Section 703 amends 44 U.S.C. Sec. 3557 to codify and
strengthen existing roles and responsibilities with regard to
the oversight of national security systems.
Section 704. Joint facilities certification
Section 704 requires that before an element of the IC
purchases, leases, or constructs a new facility that is
20,000 square feet or larger, the head of that element must
first certify that all prospective joint facilities have been
considered and that it is unable to identify a joint facility
that meets its operational requirements, and it must list the
reasons for not participating in joint facilities in that
instance.
Section 705. Leadership and management of space activities
Section 705 requires the DNI, in consultation with the
Secretary of Defense and the Chairman of the Joint Chiefs of
Staff, to issue an update to the strategy for a comprehensive
review of the United States national security overhead
satellite architecture required in the Intelligence
Authorization Act for Fiscal Year 2016. Section 705 further
requires the DNI, in consultation with the Secretary of
Defense, to submit a plan to functionally integrate the IC's
governance, operations, analysis, collection, policy, and
acquisition activities related to space and counterspace
under the oversight of a single official, to be appointed by
the DNI, in consultation with the Secretary of Defense.
Section 705 also requires the DNI to submit a workforce plan
for space and counterspace operations, policy, and
acquisition. Section 705 further requires the Director of the
NRO and the Commander of U.S. Strategic Command to submit a
concept of operations and requirements documents for the
Joint Interagency Combined Space Operations Center.
Section 706. Advances in life sciences and biotechnology
Section 706 requires the DNI to brief the congressional
intelligence committees and the congressional defense
committees on a proposed plan and actions to monitor advances
in life sciences and biotechnology to be carried out by the
DNI. Section 706 further requires the DNI to submit a written
report and provide a briefing to the congressional
intelligence committees and the congressional defense
committees on the role of the IC in the event of a biological
attack, including a technical capabilities assessment to
address potential unknown pathogens.
Section 707. Reports on declassification proposals
Section 707 requires the DNI to provide the congressional
intelligence committees with a report and briefing on the
IC's progress in producing four feasibility studies
undertaken in the course of the IC's fundamental
classification guidance review, as required under Executive
Order 13526. Section 707 further requires the Director to
provide the congressional intelligence committees with a
briefing, interim report, and final report on the final
feasibility studies produced by elements of the IC and an
implementation plan for each initiative.
Section 708. Improvement in government classification and
declassification
Section 708 assesses government classification and
declassification in the digital era by requiring the DNI to
review the system by which the Government classifies and
declassifies national security information to improve the
protection of such information, enable information sharing
with allies and partners, and support appropriate
declassification. Section 708 requires the DNI to submit a
report with its findings and recommendations to the
congressional intelligence committees. Section 708 further
requires the DNI to provide an annual written notification to
the congressional intelligence committees on the creation,
validation, or substantial modification (to include
termination) of existing and proposed controlled access
programs, and the compartments and subcompartments within
each. This certification shall include the rationale for each
controlled access program, compartment, or subcompartment and
how each controlled access program is being protected.
Section 709. Report on implementation of research and
development recommendations
Section 709 requires the DNI to conduct and provide to the
congressional intelligence committees a current assessment of
the IC's implementation of the recommendations issued in 2013
by the National Commission for the Review of the Research and
Development (R&D) Programs of the IC.
Section 710. Report on Intelligence Community Research and
Development Corps
Section 710 requires the DNI to develop and brief the
congressional intelligence committees on a plan, with
milestones and benchmarks, to implement a R&D Reserve Corps,
as recommended in 2013 by the bipartisan National Commission
for the Review of the R&D Programs of the IC, including any
funding and potential changes to existing authorities that
may be needed to allow for the Corps' implementation.
Section 711. Report on information relating to academic
programs, scholarships, fellowships, and internships
sponsored, administered, or used by the intelligence
community
Section 711 requires the DNI to submit to congressional
intelligence committees a report on information that the IC
collects on certain academic programs, scholarships, and
internships sponsored, administered, or used by the IC.
Section 712. Report on intelligence community employees
detailed to National Security Council
Section 712 requires the DNI to submit to the congressional
intelligence committees a report listing, by year, the number
of employees of an element of the IC who have been detailed
to the National Security Council during each of the previous
ten years.
Section 713. Intelligence community reporting to Congress on
foreign fighter flows
Section 713 directs DNI to submit to the congressional
intelligence committees a report on foreign fighter flows to
and from terrorist safe havens abroad.
Section 714. Report on cybersecurity threats to seaports of
the United States and maritime shipping
Section 714 directs the Under Secretary of Homeland
Security for Intelligence and Analysis (I&A) to submit to the
congressional intelligence committees a report on the
cybersecurity threats to seaports of the United States and
maritime shipping.
Section 715. Report on counter-messaging activities
Section 715 directs the Under Secretary of Homeland
Security for I&A to submit to the congressional intelligence
committees a report on the counter-messaging activities of
DHS with respect to the Islamic State and other extremist
groups.
Section 716. Report on reprisals against contractors of the
intelligence community
Section 716 directs the IC IG to submit to the
congressional intelligence committees a report on known or
claimed reprisals made against employees of contractors of
elements of the IC during the preceding three-year period.
Section 716 further requires the report to include an
evaluation of the usefulness of establishing a prohibition on
reprisals as a means of encouraging IC contractors to make
protected disclosures, and any recommendations the IC IG
deems appropriate.

Mr. Speaker, I reserve the balance of my time.
Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume.
Today, we are voting on the fiscal year 2017 Intelligence
Authorization Act, which is the fourth major piece of legislation I
have had the privilege of working on with Chairman Nunes and the
membership of our committee.
I want to just return the compliment from the chairman. It is a great
pleasure to work with him. One of the things I love about our committee
is it is truly a refuge from a lot of the partisanship of this
institution. To be able to grapple with some of the enormous challenges
facing the country and to do so in a nonpartisan way is, I think, a
real honor and privilege for all of us on the committee, and I thank
the chairman for his leadership in making it so. He continues to be
just an invaluable partner on the committee. Each bill we work on
together proves anew what can be done when people work together
constructively and in a nonpartisan manner to solve real problems.
Mr. Speaker, in this iteration of the bill, which the House first
passed in the spring by an overwhelming 371-35 votes, we also had the
privilege of working closely with our colleagues in the Senate,
particularly Chairman Burr and Vice Chairman Feinstein. As always, they
have proven to be invaluable partners. Although we still have one or
two issues unresolved, 98 percent of this bill represents agreements
forged by bipartisan and bicameral behind-the-scenes efforts over the
past few months.
We should be very proud of this bill, and I believe it is an even
better bill than the one we passed in the spring. It preserves--and, in
some cases, furthers--all of the priorities of our Members, including
the initiatives of our Democratic Members. In particular, I want to
highlight some of their contributions:
The bill includes Representative Himes' provision to improve the
timeliness and fairness of prepublication review process throughout the
IC.

[[Page H7044]]

It includes Representative Sewell's language on investment in Centers
of Academic Excellence programs, helping to guarantee that a diverse
array of students can take part in IC internships. It also includes her
requirement to collect data to evaluate the IC's federally funded
academic programs.
The bill includes Representative Carson's provision to assist public
and private entities in their swiftly removing terrorist content
online; his provision on the cooperation and deconfliction between the
Departments of Homeland Security and State regarding countering violent
extremism programs; and his requirement to have the committee receive
information on the operational impacts of foreign investment in the
United States.
Representative Speier's four provisions are included, which would
standardize declassification photocopying fees across the IC to promote
the increased availability of information and enhance transparency; her
provision to expand access to graduate education programs at the
Defense Intelligence Agency; her language on obtaining information on
the mental health resilience programs that are available to IC
civilians returning from tours in combat zones; and her provision to
study reprisals taken against IC contractors who make disclosures that
would be legally protected if made by IC employees.
The bill includes Representative Quigley's language to continue
support to security services in Ukraine.
It includes Representative Swalwell's three provisions, including one
to track foreign fighters, another to analyze the status of loan
forgiveness and debt counseling programs within the IC, and a provision
to better understand how the Departments of Homeland Security and
Energy take advantage of the expertise resident at our national labs.
It includes Representative Murphy's three provisions to provide a
report detailing cybersecurity threats to--or vulnerabilities in--
systems employed by seaports and transshipment hubs, including efforts
to improve our preparedness and response to a cyber attack; it has
language to improve intelligence reporting with respect to Iran's
compliance with the Joint Comprehensive Plan of Action; and it requires
a report on security threats emanating from maritime smuggling routes
and ways to better cooperate with other nations to mitigate these
threats.
Let me also say that Patrick will be dearly missed when he leaves our
committee at the end of this session. He has been a tremendously
valuable member of the committee.
The IAA also furthers important privacy and transparency goals,
including by fully authorizing the Privacy and Civil Liberties
Oversight Board. The bill does not contain any legislative restrictions
on the scope of the PCLOB's authority to review the impact of IC
programs on the privacy and civil liberties of Americans and non-U.S.
persons. Thanks to Senate provisions that we have incorporated, it also
advances declassification efforts, potentially getting much more
information to the public.
There are no GTMO transfer restrictions from the bill, and the
legislative text adds important provisions that are aimed at countering
Russia's destabilizing efforts, including those targeting elections.
The legislation accommodates and resolves the vast majority of the
administration's objections, which were laid out earlier this year.
Critically, this IAA also continues to address the key strategic
questions we must continue to ask now and in the next administration in
Congress:
First, are we focusing too much on the threats of the day at the
expense of the threats of tomorrow?
It is easy to get distracted by nonstop crises, and it is harder to
remain focused on the long term, even when the future can be far more
dangerous than the present.

{time} 1800

We have spent significant resources on counterterrorism priorities in
the Middle East and South Asia. We have to continue to focus on CT and
the threat posed by ISIS and its followers, but we must not disregard
the growing threat posed by Russia, whose global efforts at disruption
must be checked, particularly against our allies and our alliances.
We must not turn away from threats posed by China, whose Naval
adventurism, infiltration of the supply chain, and efforts to get
around the CFIUS process in the United States--and to undermine data
security more generally--challenge our security and business interests
abroad and threaten our Asian partners.
Second, are we sufficiently protecting what we currently have,
whether in space, at sea, or in the cyber realm?
Third, are we leveraging commercial products and services while at
the same time making investments in revolutionary technologies that do
not yet have commercial application?
Fourth, are we recruiting, training, and developing the most
effective and diverse workforce as well as leveraging foreign
intelligence relationships and building foreign partner capacity?
The U.S. has unquestionably the most advanced, capable, and reliable
intelligence community in the world. This bill supports that workforce
by identifying ways to promote travel, support language training, and
increase diversity. It does this, in part, by expanding internship
opportunities in the IC to students from diverse regions and
backgrounds and allocates resources to building the capacity of our
foreign partners. These are values we expect and demand from those
partners, and they are central tenets of who we are as a country.
There are many unknowns about the incoming administration,
particularly how it will utilize and interact with the IC. It is now
more important than ever that we give the IC the tools it needs to keep
us safe and provide the necessary oversight required to ensure that
they act in a manner consistent with our values and at all times. That
is why I am pleased that this year's IAA provides such critical
oversight of the IC, ensuring our Nation is secure, privacy and civil
liberties are safeguarded, and transparency and accountability are
paramount.
I am proud to support the Intelligence Authorization Act, and I urge
my colleagues to do the same. I urge the Senate to pass this bill and
send the fiscal year `17 IAA to the President's desk or to continue to
work with us to resolve any last differences before the end of the
Congress.
I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, I yield 2 minutes to the gentleman from Utah
(Mr. Stewart).
Mr. STEWART. Mr. Speaker, I thank Chairman Nunes for allowing me to
speak in support of the Intelligence Authorization Act.
Mr. Speaker, sometimes it is easiest for us to forget that the
primary responsibility of the Federal Government is to help to keep us
safe. I felt the weight of that responsibility while I was serving as
an Air Force pilot for 14 years, and now I am reminded almost every day
of that same responsibility in my role on the House Permanent Select
Committee on Intelligence.
The truth is that we live in a dangerous world. The news is filled
daily with troubling reports of terrorist attacks and dangerous
activities. All of us are aware that just this week a young man, almost
certainly inspired by terrorist ideology, attacked students and faculty
at The Ohio State University.
It doesn't stop with terrorism. We also face tremendous threats from
China, Russia, North Korea, the Ya'alons in Iran, and the list goes on
and on.
I am grateful for the brave men and women around the world serving
our military and in our intelligence communities who operate critical
national security programs which protect Americans and keep us safe.
That is why we must pass the Intelligence Authorization Act. Not only
does this bill continue to authorize critical national security
programs at a time when we face the most significant threat level since
9/11, it also contains good government provisions that have gained
bipartisan support.
This bill shines light on Guantanamo Bay detainees, requiring a
review of their past terrorist activities. It strengthens congressional
oversight of privacy and civil liberties, and it also updates
intelligence community whistle-blowing procedures.
Importantly, this bill does not contain any provisions related to
surveillance authorities.

[[Page H7045]]

Mr. Speaker, this bill is critical to providing the intelligence
community with the tools and the authorizations they need to protect
Americans and our national security. I urge my colleagues to vote
``yes'' on this important bill.
Mr. SCHIFF. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Swalwell), a very valuable member of our committee.
Mr. SWALWELL of California. Mr. Speaker, I stand here today in
support of this bipartisan IAA and the many provisions that it has that
will continue to strengthen and empower our intelligence community and
those who serve and toil away for our national security.
This bill also contains a few provisions I have personally championed
during my time on the House Permanent Select Committee on Intelligence.
First, it includes the provision I added requiring a report from the
Office of the Director of National Intelligence on programs across the
IC, the intelligence community, to help students manage student loan
debt and the viability of an IC-wide program, knowing that this is
critical for our recruitment and retention of quality intelligence
community members.
Second, the bill includes a provision that was originally a
bipartisan, standalone bill with Representative LoBiondo of New Jersey
to track foreign fighters as they attempt to move to and from terrorist
safe havens abroad. This bill passed the House at the end of last year
by a vote of 423-0.
Finally, it includes a requirement for a report on the current
utilization of our national laboratories by the intelligence divisions
within the Department of Homeland Security and the Department of
Energy, as well as ways these divisions can expand utilization of lab
expertise on cybersecurity. I am honored to represent two of these
laboratories, Lawrence Livermore and Sandia, and I have seen firsthand
how important their work is to our national security.
This bill is the result of both parties and both Chambers coming
together to prioritize our intelligence community and national security
needs.
I also just want to echo what I have heard from our chairman and
ranking member, which is that there is really nothing more fulfilling,
especially during such national discord, to come to work every day and
work with the members on this committee. I think maybe the secret sauce
here is that the chairman and the ranking member are both Oakland
Raiders fans. I don't know if there are other reasons they work well
together, but it really is fulfilling to see that when you go into our
committee hearing, Republicans and Democrats put party aside and put
national security first.
I also want to say that I am going to miss two members as they depart
the committee. That is, Congressman Patrick Murphy of Florida. He and I
sat next to each other. Although he was in a 2-year-long Senate race,
he showed up every day, worked hard, asked tough questions on behalf of
his constituents and national security. I am also going to miss
Congressman Mike Pompeo of Kansas, and I congratulate him on being
nominated as the next director of the Central Intelligence Agency. I
find him to be a person of deep integrity and character. I enjoyed
traveling with him to Iraq last Easter, and I look forward to serving
with him in his new role.

Mr. NUNES. Mr. Speaker, I have no other speakers. I reserve the
balance of my time.
Mr. SCHIFF. Mr. Speaker, let me just say on behalf of the chairman
and myself, we were Raiders fans even when they were a losing team.
This is not a newfound preoccupation with the team.
Mr. Speaker, I yield 3 minutes to the gentlewoman from Alabama (Ms.
Sewell), another fabulous member of our committee.
Ms. SEWELL of Alabama. Mr. Speaker, today I rise in support of this
year's Intelligence Authorization Act. Our national security is truly a
bipartisan issue, and this legislation is a reflection of both parties'
shared commitment to the safety and security of all Americans.
This bill helps provide our intelligence community with the necessary
resources and capabilities to defend our Nation against ongoing and
emerging threats around the world.
As the ranking member on the DOD Intelligence and Overhead
Architecture Subcommittee, I was pleased that the language and
direction in this bill continues to advance our capabilities on the
ground and in space and provides necessary oversight of many critical
DOD, NRO, and NGA programs. Additionally, this legislation takes
important steps toward enhancing thorough oversight of our surveillance
capabilities while continuing to make calculated investments in
critically important strategic efforts.
In the IAA, we also invested in our greatest national resource, our
people. I want to thank the chairman and ranking member for accepting
provisions that I drafted to promote diversity in the IC workforce. We
are now able to provide a summer internship program to students from
the existing Centers of Academic Excellence and Intelligence. We also
now hold the IC more accountable for doing a better job of developing a
matrix to assess minority fellowship and internship programs and how
they actually achieve their desired results, which is to increase the
number of minorities hired by the IC.
Recently, I had the privilege of hosting a diversity in Intel summit.
This event served as a rare opportunity for minority groups interested
in the IC to gain insightful and helpful advice from top national
security officials. It was truly a great occasion and it further
reaffirms our committee's shared commitment to helping to ensure robust
diversity throughout the entire IC.
I was also pleased to successfully include bipartisan language that
promotes accountability and transparency in the IC federally funded
academic programs by requiring agencies to report on their recruitment
and retention efforts. Increasing diversity and accountability in the
IC is an issue of good governance and makes all of us better because it
encourages unique and creative ways of problem-solving, which is
increasingly necessary as we develop and we face more complex
intelligence challenges.
As a committee, I am extremely proud of the work we have done. We
took great pains to cut unnecessary funding while prioritizing the need
to improve upon processes and be more efficient in the IC generally.
The reality is that we live in a world where potential threats to our
Nation are constantly developing and changing. As our military missions
and intelligence objectives continue to evolve, we need an IC that is
both diverse, agile, and adequately funded.
I am proud to support this year's Intelligence Authorization Act. I
want to, again, thank the chairman and ranking member for all of their
hard work. I urge my colleagues to support this important legislation.
Mr. NUNES. Mr. Speaker, I reserve the balance of my time.
Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume.
Earlier this afternoon, we debated H.R. 3929, honoring the heroes of
the Office of Strategic Services, the forerunner to our modern-day
intelligence and special operations communities.
We honor them today to express our deepest gratitude for the
contributions they made during World War II and its aftermath and our
appreciation for the example they set for the present intelligence
community and special operations heroes. They were part of America's
Greatest Generation, one we will continue to honor, remember, and
emulate. They faced a complex and dangerous world. They met those grave
challenges on the desolate fields of Europe, the torrid seas of the
Pacific, and in the shadows. Espionage and intelligence were critical
to winning the war and to preserving the peace.
As we look forward to the future and to the dangerous world we
inhabit today, we would do well to keep the examples set by that
Greatest Generation in our minds. As they did, we should lead by
example as much as by strength.
Thankfully, our intelligence community is the most capable and
committed in the world to our ideals and to the rule of law. Every day,
they seek to ensure that we are given the information necessary to
guard and defend ourselves, our allies, and our partners. We remain
grateful always for their hard work and dedication.

[[Page H7046]]

Again, my thanks to Chairman Nunes, to the members of HPSCI,
particularly those who are leaving the committee, to the Senate for a
remarkable bipartisan and bicameral effort, and to our excellent
committee staff.
I want to thank the many public servants who have led the IC with
whom we have had the chance to work over the past several years. In
particular, I want to extend my thanks to those retiring or leaving
their roles at the IC at the end of this administration, including
Director of National Intelligence James Clapper and his deputy,
Stephanie O'Sullivan; CIA Director John Brennan and his deputy, David
Cohen; Assistant Secretary of the Treasury for Intelligence and
Analysis Leslie Ireland, who today is retiring after 31 years of
Federal service; and Under Secretary of Defense for Intelligence,
Marcel Lettre.
Thank you as well to the incredibly capable leaders of the other
elements of the IC who may remain beyond January 20th. Of course, most
importantly, thank you to all the men and women of the intelligence
community who silently and courageously protect our country day and
night through their crucial work. We appreciate everything they do, and
they have our continued support.
I also want to thank not only the HPSCI members, but the entire
staff, including Michael Bahar, Tim Bergreen, Carly Blake, Robert
Minehart, Linda Cohen, Amanda Rogers Thorpe, Wells Bennett, Rheanne
Wirkkala, Thomas Eager, Patrick Boland, Kristin Jepson, Brandon Smith,
and Kimberlee Kerr for all their valuable service.
I yield back the balance of my time.
Mr. NUNES. Mr. Speaker, I yield myself the balance of my time.
We have four retiring members from our committee this year:
Representative Murphy, who was already spoken about earlier, did a
great job attending a lot of the committee hearings or almost all of
the committee hearings. We also have Representative Jeff Miller, who
served on this committee for a very long time and who is chairman of
the Veterans' Affairs Committee; he is retiring. Also, Representative
Lynn Westmoreland did a great job chairing our National Security Agency
and Cybersecurity Subcommittee. Dr. Joe Heck, who chaired the
Department of Defense Intelligence and Overhead Architecture
Subcommittee, he is here on the floor with us this evening.
Finally, it is possibly premature, but we may not be able to
congratulate Representative Pompeo on the House floor. He will have to
have Senate confirmation next year, so I imagine he will be with the
committee for a few months. But if we don't get a chance to come down
to the House floor before he is approved by the Senate, I want to
congratulate Mr. Pompeo. We are quite excited to have somebody from our
committee to be chosen in the next administration to run the CIA.
I would urge my colleagues to support this bipartisan, bicameral
bill, H.R. 6393.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Nunes) that the House suspend the rules
and pass the bill, H.R. 6393.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. NUNES. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.

____________________

[Congressional Record Volume 162, Number 171 (Wednesday, November 30, 2016)]
[House]
[Pages H7047-H7048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017

The SPEAKER pro tempore (Mr. Byrne). The unfinished business is the
vote on the motion to suspend the rules and pass the bill (H.R. 6393)
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, on which the
yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Nunes) that the House suspend the rules
and pass the bill.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 390,
nays 30, not voting 14, as follows:

[Roll No. 593]

YEAS--390

Abraham
Adams
Aderholt
Aguilar
Allen
Amodei
Ashford
Babin
Barletta
Barr
Barton
Beatty
Becerra
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bonamici
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capps
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Cicilline
Clark (MA)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Connolly
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Duncan (SC)
Edwards
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Evans
Farenthold
Farr
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gallego
Garamendi
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffith
Grothman
Guinta
Guthrie
Hanabusa
Hanna
Hardy
Harper
Harris
Hartzler
Hastings
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Hoyer
Hudson
Huelskamp
Huffman
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Kuster
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Matsui
McCarthy
McCaul
McClintock
McCollum
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moore
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Neugebauer
Newhouse
Noem
Nolan
Norcross
Nunes
Olson
Palazzo
Pallone
Palmer
Pascrell
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pitts
Poliquin
Pompeo
Posey
Price (NC)
Price, Tom
Quigley
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Richmond
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Rush
Russell
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sanford
Sarbanes
Scalise
Schiff
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke

NAYS--30

Amash
Bass
Blumenauer
Capuano
Chu, Judy
Clarke (NY)
Conyers
DelBene
Duncan (TN)
Ellison
Gabbard
Grijalva
Gutierrez
Honda
Labrador
Lee
Lieu, Ted
Lofgren
Lummis
Massie
McDermott
McGovern
Mulvaney
O'Rourke
Pocan
Polis
Schakowsky
Takano
Watson Coleman
Welch

NOT VOTING--14

Brown (FL)
Carney
Forbes
Hahn
Jolly
Jones
Kirkpatrick
McNerney
Nugent
Poe (TX)
Rangel
Rigell
Westmoreland
Williams

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.

{time} 1847

Mr. ELLISON and Ms. CLARKE of New York changed their vote from
``yea'' to ``nay.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.

[[Page H7048]]

A motion to reconsider was laid on the table.

____________________