HR-5077 : Still Just a Bill

Intelligence Authorization Act for Fiscal Year 2017

TITLE I--INTELLIGENCE ACTIVITIES

This bill authorizes FY2017 appropriations for the conduct of intelligence and intelligence-related activities of:

• the Office of the Director of National Intelligence (ODNI);
• the Central Intelligence Agency (CIA);
• the Department of Defense (DOD);
• the Defense Intelligence Agency (DIA);
• the National Security Agency (NSA);
• the Departments of the Army, Navy, and Air Force;
• the Coast Guard;
• the Departments of State, the Treasury, Energy, and Justice;
• the Federal Bureau of Investigation;
• the Drug Enforcement Administration;
• the National Reconnaissance Office (NRO);
• the National Geospatial-Intelligence Agency (NGA); and
• the Department of Homeland Security (DHS).

The ODNI, if it provides prior notice to Congress, may authorize employment of civilian personnel in excess of the number authorized for FY2017 when necessary for the performance of important intelligence functions.

This title authorizes FY2017 appropriations for the Intelligence Community Management Account. Additional funds identified in a classified schedule for advanced research and development shall remain available until September 30, 2018.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

This title authorizes FY2017 appropriations for the Central Intelligence Agency Retirement and Disability Fund.

TITLE III--GENERAL PROVISIONS

This title authorizes FY2017 appropriations for the Privacy and Civil Liberties Oversight Board.

Employees of the DIA, the NGA, the NRO, or the NSA assigned or detailed to a combatant command or other element of the federal government who intend to report to Congress a complaint or information regarding an urgent concern involving classified information or false statements may report the complaint or information to the DOD inspector general.

Inspectors general of the CIA, the ODNI, and other elements of the intelligence community must notify Congress directly when they determine that an employee's complaint or information about an urgent concern appears credible. This title removes processes under which such inspectors general must notify the CIA Director, the Director of National Intelligence, or the head of their establishment, who then forwards the notice to Congress.

DOD officials designated with overall acquisition-decision responsibilities for major defense acquisition programs must report to Congress about the costs, plans, and risks of the programs after granting each milestone approval.

This title removes a provision that requires any construction or improvement to a facility with an estimated federal cost exceeding $300,000 that is used primarily by intelligence community personnel to be specifically identified as a separate item in the President's budget or specifically authorized and appropriated. The ODNI must notify Congress of any project for the repair or modification of a facility for intelligence community personnel that has an estimated cost greater than $1 million.

TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

This title amends the Defense Production Act of 1950 to require the ODNI, within five days after a review or an investigation by the Committee on Foreign Investment in the United States (CFIUS) of a merger, acquisition, or takeover that could result in foreign control of any person engaged in interstate commerce in the United States, to submit to Congress the ODNI's national security threat analysis that was previously provided to the CFIUS. Within 60 days after completion of the review or investigation that concludes the CFIUS's action, the ODNI must also determine whether the transaction will have an operational impact on the intelligence community, and, if so, report on such impact to Congress.

The Office of the National Counterintelligence Executive is redesignated as the National Counterintelligence and Security Center, with a director to be appointed by the President with the advice and consent of the Senate.

The ODNI must publish on a public website a list of all logos, symbols, and markings associated with foreign terrorist organizations.

The CIA may: (1) pay death benefits substantially similar to those authorized for Foreign Service members, and (2) adjust eligibility requirements for such benefits.

The CIA inspector general may designate officers or employees as law enforcement officers for purposes of pay and retirement benefits if they are appointed to a position that investigates suspected criminal offenses.

This title removes the DOD Chief Information Officer's authority and control over the NSA's Information Assurance Directorate.

No DIA civilian employee assigned to a directorate of a geographic combatant command headquartered outside of the United States may receive a living quarters allowance.

The NRO shall develop a plan to carry out space-based environmental monitoring missions with acquisition programs to meet the national security requirements for cloud characterization and theater weather imagery.

The ODNI must support DOD's efforts to modernize the technology systems for security clearance information.

TITLE V--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA

The ODNI must complete a declassification review of intelligence reports prepared by the National Counterterrorism Center prior to Periodic Review Board sessions or detainee transfers on the past terrorist activities of individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, who were transferred or released after the signing of Executive Order 13492. The ODNI must make declassified information available to the public and provide a justification to Congress about why any information subject to review was not declassified.

TITLE VI--REPORTS AND OTHER MATTERS

This title sets forth reporting requirements for the ODNI, DHS, and the Inspector General of the Intelligence Community.