S.Amdt. 4523

SA 4523. Mr. BURR (for himself, Mrs. Feinstein, and Ms. Collins)
submitted an amendment intended to be proposed by him to the bill S.
2943, to authorize appropriations for fiscal year 2017 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

On page 1207, line 13, strike ``limitation on'' and insert
``process for''.

On page 1207, line 18, insert ``ending of the'' after
``that the''.

On page 1207, beginning on line 21, strike ``is in the
national security interests of the United States.'' and
insert ``needs to be carefully considered and done through
conditions-based criteria and, until such arrangement is
ended, it is important to ensure such arrangement does not
impede the Director's service of national intelligence
requirements.''.

On page 1207, line 23, strike ``Limitation on'' and insert
``Process for''.

On page 1207, line 25, strike ``until'' and insert
``until--''.

Beginning on page 1207, line 25, strike ``the Secretary''
and all that follows through page 1208, line 6, and insert
the following:
(1) the Secretary and the Chairman of the Joint Chiefs of
Staff jointly determine and certify to the appropriate
committees of Congress that the end of that arrangement will
not pose risks to the military effectiveness of the United
States Cyber Command that are unacceptable in the national
security interests of the United States; or
(2) the Director of National Intelligence determines and
certifies to the appropriate committees of Congress that the
continuation of that arrangement poses risks and impedes the
appropriate prioritization of national intelligence
requirements.

On page 1208, beginning on line 7, strike ``Secretary and
the Chairman'' and insert ``Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, and the Director of
National Intelligence''.

On page 1209, strike lines 3 through 12, and insert the
following:
(5) The ability to meet national intelligence requirements.
(6) The ability to correctly and impartially conduct
intelligence gain and loss assessments in scenarios with
competing requirements.
(d) Reports.--Not later than 90 days of the date of the
enactment of this Act and annually thereafter until a
certification is made in accordance with subsection (b)--
(1) the Secretary of Defense and the Chairman of the Joint
Chiefs of Staff shall submit to the appropriate committees of
Congress a report that describes which of the conditions set
out under subsection (c) have not been met; and
(2) the Director of National Intelligence shall submit to
the appropriate committees of Congress an assessment of the
Director's continuing ability to meet national intelligence
requirements and appropriately conduct intelligence gain and
loss assessments in scenarios with competing requirements.
(e) Definitions.--In this section:
(1) Appropriate committees of congress defined.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) National intelligence.--The term ``national
intelligence'' has the meaning given that term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
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