[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4127 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 309
114th CONGRESS
1st Session
H. R. 4127
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 2, 2015
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2016 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary effects.
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.
Sec. 105. Clarification regarding authority for flexible personnel
management among elements of intelligence
community.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Provision of information and assistance to Inspector General
of the Intelligence Community.
Sec. 304. Inclusion of Inspector General of Intelligence Community in
Council of Inspectors General on Integrity
and Efficiency.
Sec. 305. Clarification of authority of Privacy and Civil Liberties
Oversight Board.
Sec. 306. Enhancing government personnel security programs.
Sec. 307. Notification of changes to retention of call detail record
policies.
Sec. 308. Personnel information notification policy by the Director of
National Intelligence.
Sec. 309. Designation of lead intelligence officer for tunnels.
Sec. 310. Reporting process required for tracking certain requests for
country clearance.
Sec. 311. Study on reduction of analytic duplication.
Sec. 312. Strategy for comprehensive interagency review of the United
States national security overhead satellite
architecture.
Sec. 313. Cyber attack standards of measurement study.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Appointment and confirmation of the National
Counterintelligence Executive.
Sec. 402. Technical amendments relating to pay under title 5, United
States Code.
Sec. 403. Analytic objectivity review.
Subtitle B--Central Intelligence Agency and Other Elements
Sec. 411. Authorities of the Inspector General for the Central
Intelligence Agency.
Sec. 412. Prior congressional notification of transfers of funds for
certain intelligence activities.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 501. Notice of deployment or transfer of Club-K container missile
system by the Russian Federation.
Sec. 502. Assessment on funding of political parties and
nongovernmental organizations by the
Russian Federation.
Sec. 503. Assessment on the use of political assassinations as a form
of statecraft by the Russian Federation.
Subtitle B--Matters Relating to Other Countries
Sec. 511. Report on resources and collection posture with regard to the
South China Sea and East China Sea.
Sec. 512. Use of locally employed staff serving at a United States
diplomatic facility in Cuba.
Sec. 513. Inclusion of sensitive compartmented information facilities
in United States diplomatic facilities in
Cuba.
Sec. 514. Report on use by Iran of funds made available through
sanctions relief.
TITLE VI--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
Sec. 601. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the
United States.
Sec. 602. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees
transferred from United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 603. Prohibition on use of funds for transfer or release to
certain countries of individuals detained
at United States Naval Station, Guantanamo
Bay, Cuba.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Reports
Sec. 701. Repeal of certain reporting requirements.
Sec. 702. Reports on foreign fighters.
Sec. 703. Report on strategy, efforts, and resources to detect, deter,
and degrade Islamic State revenue
mechanisms.
Sec. 704. Report on United States counterterrorism strategy to disrupt,
dismantle, and defeat the Islamic State,
al-Qa'ida, and their affiliated groups,
associated groups, and adherents.
Sec. 705. Report on effects of data breach of Office of Personnel
Management.
Sec. 706. Report on hiring of graduates of Cyber Corps Scholarship
Program by intelligence community.
Sec. 707. Report on use of certain business concerns.
Subtitle B--Other Matters
Sec. 711. Use of homeland security grant funds in conjunction with
Department of Energy national laboratories.
Sec. 712. Inclusion of certain minority-serving institutions in grant
program to enhance recruiting of
intelligence community workforce.
SEC. 2. DEFINITIONS.
In this Act:
(a) Congressional Intelligence Committees.--The term
``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) 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)).
SEC. 3. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2016
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel ceilings as of September 30, 2016, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany this bill.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize employment of civilian personnel in excess of the number
authorized for fiscal year 2016 by the classified Schedule of
Authorizations referred to in section 102(a) if the Director of
National Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that the number
of personnel employed in excess of the number authorized under such
section may not, for any element of the intelligence community, exceed
3 percent of the number of civilian personnel authorized under such
schedule for such element.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2016 the sum of
$516,306,000. 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,
2017.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 785 positions as of September 30, 2016.
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 2016 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, 2017.
(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,
2016, 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).
SEC. 105. CLARIFICATION REGARDING AUTHORITY FOR FLEXIBLE PERSONNEL
MANAGEMENT AMONG ELEMENTS OF INTELLIGENCE COMMUNITY.
(a) Clarification.--Section 102A(v) of the National Security Act of
1947 (50 U.S.C. 3024(v)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) A covered department may appoint an individual to a
position converted or established pursuant to this subsection
without regard to the civil-service laws, including parts II
and III of title 5, United States Code.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to an appointment under section 102A(v) of the
National Security Act of 1947 (50 U.S.C. 3024(v)) made on or after the
date of the enactment of the Intelligence Authorization Act for Fiscal
Year 2012 (Public Law 112-87) and to any proceeding pending on or filed
after the date of the enactment of this section that relates to such an
appointment.
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 2016 the sum of
$514,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. PROVISION OF INFORMATION AND ASSISTANCE TO INSPECTOR GENERAL
OF THE INTELLIGENCE COMMUNITY.
Section 103H(j)(4) of the National Security Act of 1947 (50 U.S.C.
3033(j)(4)) is amended--
(1) in subparagraph (A), by striking ``any department,
agency, or other element of the United States Government'' and
inserting ``any Federal, State (as defined in section 804), or
local governmental agency or unit thereof''; and
(2) in subparagraph (B), by inserting ``from a department,
agency, or element of the Federal Government'' before ``under
subparagraph (A)''.
SEC. 304. INCLUSION OF INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY IN
COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY.
Section 11(b)(1)(B) of the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.) is amended by striking ``the Office of the
Director of National Intelligence'' and inserting ``the Intelligence
Community''.
SEC. 305. CLARIFICATION OF AUTHORITY OF PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD.
Section 1061(g) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(g)) is amended by adding at the end the
following new paragraph:
``(5) Access.--Nothing in this section shall be construed
to authorize the Board, or any agent thereof, to gain access to
information regarding an activity covered by section 503(a) of
the National Security Act of 1947 (50 U.S.C. 3093(a)).''.
SEC. 306. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS.
(a) Enhanced Security Clearance Programs.--
(1) In general.--Part III of title 5, United States Code,
is amended by adding at the end the following:
``Subpart J--Enhanced Personnel Security Programs
``CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS
``Sec.
``11001. Enhanced personnel security programs.
``SEC. 11001. ENHANCED PERSONNEL SECURITY PROGRAMS.
``(a) Enhanced Personnel Security Program.--The Director of
National Intelligence shall direct each agency to implement a program
to provide enhanced security review of covered individuals--
``(1) in accordance with this section; and
``(2) not later than the earlier of--
``(A) the date that is 5 years after the date of
the enactment of the Intelligence Authorization Act for
Fiscal Year 2016; or
``(B) the date on which the backlog of overdue
periodic reinvestigations of covered individuals is
eliminated, as determined by the Director of National
Intelligence.
``(b) Comprehensiveness.--
``(1) Sources of information.--The enhanced personnel
security program of an agency shall integrate relevant and
appropriate information from various sources, including
government, publicly available, and commercial data sources,
consumer reporting agencies, social media, and such other
sources as determined by the Director of National Intelligence.
``(2) Types of information.--Information obtained and
integrated from sources described in paragraph (1) may
include--
``(A) information relating to any criminal or civil
legal proceeding;
``(B) financial information relating to the covered
individual, including the credit worthiness of the
covered individual;
``(C) publicly available information, whether
electronic, printed, or other form, including relevant
security or counterintelligence information about the
covered individual or information that may suggest ill
intent, vulnerability to blackmail, compulsive
behavior, allegiance to another country, change in
ideology, or that the covered individual lacks good
judgment, reliability, or trustworthiness; and
``(D) data maintained on any terrorist or criminal
watch list maintained by any agency, State or local
government, or international organization.
``(c) Reviews of Covered Individuals.--
``(1) Reviews.--
``(A) In general.--The enhanced personnel security
program of an agency shall require that, not less than
2 times every 5 years, the head of the agency shall
conduct or request the conduct of automated record
checks and checks of information from sources under
subsection (b) to ensure the continued eligibility of
each covered individual to access classified
information and hold a sensitive position unless more
frequent reviews of automated record checks and checks
of information from sources under subsection (b) are
conducted on the covered individual.
``(B) Scope of reviews.--Except for a covered
individual who is subject to more frequent reviews to
ensure the continued eligibility of the covered
individual to access classified information and hold a
sensitive position, the reviews under subparagraph (A)
shall consist of random or aperiodic checks of covered
individuals, such that each covered individual is
subject to at least 2 reviews during the 5-year period
beginning on the date on which the agency implements
the enhanced personnel security program of an agency,
and during each 5-year period thereafter.
``(C) Individual reviews.--A review of the
information relating to the continued eligibility of a
covered individual to access classified information and
hold a sensitive position under subparagraph (A) may
not be conducted until after the end of the 120-day
period beginning on the date the covered individual
receives the notification required under paragraph (3).
``(2) Results.--The head of an agency shall take
appropriate action if a review under paragraph (1) finds
relevant information that may affect the continued eligibility
of a covered individual to access classified information and
hold a sensitive position.
``(3) Information for covered individuals.--The head of an
agency shall ensure that each covered individual is adequately
advised of the types of relevant security or
counterintelligence information the covered individual is
required to report to the head of the agency.
``(4) Limitation.--Nothing in this subsection shall be
construed to affect the authority of an agency to determine the
appropriate weight to be given to information relating to a
covered individual in evaluating the continued eligibility of
the covered individual.
``(5) Authority of the president.--Nothing in this
subsection shall be construed as limiting the authority of the
President to direct or perpetuate periodic reinvestigations of
a more comprehensive nature or to delegate the authority to
direct or perpetuate such reinvestigations.
``(6) Effect on other reviews.--Reviews conducted under
paragraph (1) are in addition to investigations and
reinvestigations conducted pursuant to section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341).
``(d) Audit.--
``(1) In general.--Beginning 2 years after the date of the
implementation of the enhanced personnel security program of an
agency under subsection (a), the Inspector General of the
agency shall conduct at least 1 audit to assess the
effectiveness and fairness, which shall be determined in
accordance with performance measures and standards established
by the Director of National Intelligence, to covered
individuals of the enhanced personnel security program of the
agency.
``(2) Submissions to dni.--The results of each audit
conducted under paragraph (1) shall be submitted to the
Director of National Intelligence to assess the effectiveness
and fairness of the enhanced personnel security programs across
the Federal Government.
``(e) Definitions.--In this section--
``(1) the term `agency' has the meaning given that term in
section 3001 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341);
``(2) the term `consumer reporting agency' has the meaning
given that term in section 603 of the Fair Credit Reporting Act
(15 U.S.C. 1681a);
``(3) the term `covered individual' means an individual
employed by an agency or a contractor of an agency who has been
determined eligible for access to classified information or
eligible to hold a sensitive position;
``(4) the term `enhanced personnel security program' means
a program implemented by an agency at the direction of the
Director of National Intelligence under subsection (a); and''.
(2) Technical and conforming amendment.--The table of
chapters for part III of title 5, United States Code, is
amended by adding at the end following:
``Subpart J--Enhanced Personnel Security Programs
``110. Enhanced personnel security programs................ 11001''.
(b) Resolution of Backlog of Overdue Periodic Reinvestigations.--
(1) In general.--The Director of National Intelligence
shall develop and implement a plan to eliminate the backlog of
overdue periodic reinvestigations of covered individuals.
(2) Requirements.--The plan developed under paragraph (1)
shall--
(A) use a risk-based approach to--
(i) identify high-risk populations; and
(ii) prioritize reinvestigations that are
due or overdue to be conducted; and
(B) use random automated record checks of covered
individuals that shall include all covered individuals
in the pool of individuals subject to a one-time check.
(3) Definitions.--In this subsection:
(A) The term ``covered individual'' means an
individual who has been determined eligible for access
to classified information or eligible to hold a
sensitive position.
(B) The term ``periodic reinvestigations'' has the
meaning given such term in section 3001(a)(7) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(a)(7)).
SEC. 307. NOTIFICATION OF CHANGES TO RETENTION OF CALL DETAIL RECORD
POLICIES.
(a) Requirement To Retain.--
(1) In general.--Not later than 15 days after learning that
an electronic communication service provider that generates
call detail records in the ordinary course of business has
changed the policy of the provider on the retention of such
call detail records to result in a retention period of less
than 18 months, the Director of National Intelligence shall
notify, in writing, the congressional intelligence committees
of such change.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report identifying each
electronic communication service provider that has, as of the
date of the report, a policy to retain call detail records for
a period of 18 months or less.
(b) Definitions.--In this section:
(1) Call detail record.--The term ``call detail record''
has the meaning given that term in section 501(k) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(k)).
(2) Electronic communication service provider.--The term
``electronic communication service provider'' has the meaning
given that term in section 701(b)(4) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)).
SEC. 308. PERSONNEL INFORMATION NOTIFICATION POLICY BY THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Directive Required.--The Director of National Intelligence
shall issue a directive containing a written policy for the timely
notification to the congressional intelligence committees of the
identities of individuals occupying senior level positions within the
intelligence community.
(b) Senior Level Position.--In identifying positions that are
senior level positions in the intelligence community for purposes of
the directive required under subsection (a), the Director of National
Intelligence shall consider whether a position--
(1) constitutes the head of an entity or a significant
component within an agency;
(2) is involved in the management or oversight of matters
of significant import to the leadership of an entity of the
intelligence community;
(3) provides significant responsibility on behalf of the
intelligence community;
(4) requires the management of a significant number of
personnel or funds;
(5) requires responsibility management or oversight of
sensitive intelligence activities; and
(6) is held by an individual designated as a senior
intelligence management official as such term is defined in
section 368(a)(6) of the Intelligence Authorization Act for
Fiscal Year 2010 (Public Law 111-259; 50 U.S.C. 404i-1 note).
(c) Notification.--The Director shall ensure that each notification
under the directive issued under subsection (a) includes each of the
following:
(1) The name of the individual occupying the position.
(2) Any previous senior level position held by the
individual, if applicable, or the position held by the
individual immediately prior to the appointment.
(3) The position to be occupied by the individual.
(4) Any other information the Director determines
appropriate.
(d) Relationship to Other Laws.--The directive issued under
subsection (a) and any amendment to such directive shall be consistent
with the provisions of the National Security Act of 1947 (50 U.S.C. 401
et seq.).
(e) Submission.--Not later than 90 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees the directive issued under subsection (a).
SEC. 309. DESIGNATION OF LEAD INTELLIGENCE OFFICER FOR TUNNELS.
(a) In General.--The Director of National Intelligence shall
designate an official to manage the collection and analysis of
intelligence regarding the tactical use of tunnels by state and
nonstate actors.
(b) Annual Report.--Not later than the date that is 10 months after
the date of the enactment of this Act, and biennially thereafter until
the date that is 4 years after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the congressional
intelligence committees and the congressional defense committees (as
such term is defined in section 101(a)(16) of title 10, United States
Code) a report describing--
(1) trends in the use of tunnels by foreign state and
nonstate actors; and
(2) collaboration efforts between the United States and
partner countries to address the use of tunnels by adversaries.
SEC. 310. REPORTING PROCESS REQUIRED FOR TRACKING CERTAIN REQUESTS FOR
COUNTRY CLEARANCE.
(a) In General.--By not later than September 30, 2016, the Director
of National Intelligence shall establish a formal internal reporting
process for tracking requests for country clearance submitted to
overseas Director of National Intelligence representatives by
departments and agencies of the United States. Such reporting process
shall include a mechanism for tracking the department or agency that
submits each such request and the date on which each such request is
submitted.
(b) Congressional Briefing.--By not later than December 31, 2016,
the Director of National Intelligence shall brief the congressional
intelligence committees on the progress of the Director in establishing
the process required under subsection (a).
SEC. 311. STUDY ON REDUCTION OF ANALYTIC DUPLICATION.
(a) Study and Report.--
(1) In general.--Not later than January 31, 2016, the
Director of National Intelligence shall--
(A) carry out a study to evaluate and measure the
incidence of duplication in finished intelligence
analysis products; and
(B) submit to the congressional intelligence
committees a report on the findings of such study.
(2) Methodology requirements.--The methodology used to
carry out the study required by this subsection shall be able
to be repeated for use in other subsequent studies.
(b) Elements.--The report required by subsection (a)(1)(B) shall
include--
(1) detailed information--
(A) relating to the frequency of duplication of
finished intelligence analysis products; and
(B) that describes the types of, and the reasons
for, any such duplication; and
(2) a determination as to whether to make the production of
such information a routine part of the mission of the Analytic
Integrity and Standards Group.
(c) Customer Impact Plan.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a plan for
revising analytic practice, tradecraft, and standards to ensure
customers are able to clearly identify--
(1) the manner in which intelligence products written on
similar topics and that are produced contemporaneously differ
from one another in terms of methodology, sourcing, or other
distinguishing analytic characteristics; and
(2) the significance of that difference.
(d) Construction.--Nothing in this section may be construed to
impose any requirement that would interfere with the production of an
operationally urgent or otherwise time-sensitive current intelligence
product.
SEC. 312. STRATEGY FOR COMPREHENSIVE INTERAGENCY REVIEW OF THE UNITED
STATES NATIONAL SECURITY OVERHEAD SATELLITE ARCHITECTURE.
(a) Requirement for Strategy.--The Director of National
Intelligence shall collaborate with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff to develop a strategy, with
milestones and benchmarks, to ensure that there is a comprehensive
interagency review of policies and practices for planning and acquiring
national security satellite systems and architectures, including the
capabilities of commercial systems and partner countries, consistent
with the National Space Policy issued on June 28, 2010. Such strategy
shall, where applicable, account for the unique missions and
authorities vested in the Department of Defense and the intelligence
community.
(b) Elements.--The strategy required by subsection (a) shall ensure
that the United States national security overhead satellite
architecture--
(1) meets the needs of the United States in peace time and
is resilient in war time;
(2) is fiscally responsible;
(3) accurately takes into account cost and performance
tradeoffs;
(4) meets realistic requirements;
(5) produces excellence, innovation, competition, and a
robust industrial base;
(6) aims to produce in less than 5 years innovative
satellite systems that are able to leverage common,
standardized design elements and commercially available
technologies;
(7) takes advantage of rapid advances in commercial
technology, innovation, and commercial-like acquisition
practices;
(8) is open to innovative concepts, such as distributed,
disaggregated architectures, that could allow for better
resiliency, reconstitution, replenishment, and rapid
technological refresh; and
(9) emphasizes deterrence and recognizes the importance of
offensive and defensive space control capabilities.
(c) Report on Strategy.--Not later than February 28, 2016, the
Director of National Intelligence, the Secretary of Defense, and the
Chairman of the Joint Chiefs of Staff shall jointly 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 on the strategy required by subsection (a).
SEC. 313. CYBER ATTACK STANDARDS OF MEASUREMENT STUDY.
(a) Study Required.--The Director of National Intelligence, in
consultation with the Secretary of Homeland Security, the Director of
the Federal Bureau of Investigation, and the Secretary of Defense,
shall carry out a study to determine appropriate standards that--
(1) can be used to measure the damage of cyber incidents
for the purposes of determining the response to such incidents;
and
(2) include a method for quantifying the damage caused to
affected computers, systems, and devices.
(b) Reports to Congress.--
(1) Preliminary findings.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees the initial findings of the study required under
subsection (a).
(2) Report.--Not later than 360 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees a
report containing the complete findings of such study.
(3) Form of report.--The report required by paragraph (2)
shall be submitted in unclassified form, but may contain a
classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(4) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NATIONAL
COUNTERINTELLIGENCE EXECUTIVE.
(a) In General.--Section 902(a) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read as follows:
``(a) Establishment.--There shall be a National Counterintelligence
Executive who shall be appointed by the President, by and with the
advice and consent of the Senate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 402. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE 5, UNITED
STATES CODE.
Section 5102(a)(1) of title 5, United States Code, is amended--
(1) in clause (vii), by striking ``or'';
(2) by inserting after clause (vii) the following new
clause:
``(viii) the Office of the Director of National
Intelligence;''; and
(3) in clause (x), by striking the period and inserting a
semicolon.
SEC. 403. ANALYTIC OBJECTIVITY REVIEW.
(a) Assessment.--The Director of National Intelligence shall assign
the Chief of the Analytic Integrity and Standards Group to conduct a
review of finished intelligence products produced by the Central
Intelligence Agency to assess whether the reorganization of the Agency,
announced publicly on March 6, 2015, has resulted in any loss of
analytic objectivity.
(b) Submission.--Not later than March 6, 2017, the Director of
National Intelligence shall submit to the congressional intelligence
committees, in writing, the results of the review required under
subsection (a), including--
(1) an assessment comparing the analytic objectivity of a
representative sample of finished intelligence products
produced by the Central Intelligence Agency before the
reorganization and a representative sample of such finished
intelligence products produced after the reorganization,
predicated on the products' communication of uncertainty,
expression of alternative analysis, and other underlying
evaluative criteria referenced in the Strategic Evaluation of
All-Source Analysis directed by the Director;
(2) an assessment comparing the historical results of
anonymous surveys of Central Intelligence Agency and customers
conducted before the reorganization and the results of such
anonymous surveys conducted after the reorganization, with a
focus on the analytic standard of objectivity;
(3) a metrics-based evaluation measuring the effect that
the reorganization's integration of operational, analytic,
support, technical, and digital personnel and capabilities into
Mission Centers has had on analytic objectivity; and
(4) any recommendations for ensuring that analysts of the
Central Intelligence Agency perform their functions with
objectivity, are not unduly constrained, and are not influenced
by the force of preference for a particular policy.
Subtitle B--Central Intelligence Agency and Other Elements
SEC. 411. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
(a) Information and Assistance.--Paragraph (9) of section 17(e) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(9)) is
amended to read as follows:
``(9)(A) The Inspector General may request such information or
assistance as may be necessary for carrying out the duties and
responsibilities of the Inspector General provided by this section from
any Federal, State, or local governmental agency or unit thereof.
``(B) Upon request of the Inspector General for information or
assistance from a department or agency of the Federal Government, the
head of the department or agency involved, insofar as practicable and
not in contravention of any existing statutory restriction or
regulation of such department or agency, shall furnish to the Inspector
General, or to an authorized designee, such information or assistance.
``(C) Nothing in this paragraph may be construed to provide any new
authority to the Central Intelligence Agency to conduct intelligence
activity in the United States.
``(D) In this paragraph, the term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any territory or
possession of the United States.''.
(b) Technical Amendments Relating to Selection of Employees.--
Paragraph (7) of such section (50 U.S.C. 3517(e)(7)) is amended--
(1) by inserting ``(A)'' before ``Subject to applicable
law''; and
(2) by adding at the end the following new subparagraph:
``(B) Consistent with budgetary and personnel resources allocated
by the Director, the Inspector General has final approval of--
``(i) the selection of internal and external candidates for
employment with the Office of Inspector General; and
``(ii) all other personnel decisions concerning personnel
permanently assigned to the Office of Inspector General,
including selection and appointment to the Senior Intelligence
Service, but excluding all security-based determinations that
are not within the authority of a head of other Central
Intelligence Agency offices.''.
SEC. 412. PRIOR CONGRESSIONAL NOTIFICATION OF TRANSFERS OF FUNDS FOR
CERTAIN INTELLIGENCE ACTIVITIES.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for the intelligence community for fiscal year 2016 may be
used to initiate a transfer of funds from the Joint Improvised
Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund
to be used for intelligence activities unless the Director of National
Intelligence or the Secretary of Defense, as appropriate, submits to
the congressional intelligence committees, by not later than 30 days
before initiating such a transfer, written notice of the transfer.
(b) Waiver.--
(1) In general.--The Director of National Intelligence or
the Secretary of Defense, as appropriate, may waive subsection
(a) with respect to the initiation of a transfer of funds if
the Director or Secretary, as the case may be, determines that
an emergency situation makes it impossible or impractical to
provide the notice required under such subsection by the date
that is 30 days before such initiation.
(2) Notice.--If the Director or Secretary issues a waiver
under paragraph (1), the Director or Secretary, as the case may
be, shall submit to the congressional intelligence committees,
by not later than 48 hours after the initiation of the transfer
of funds covered by the waiver, written notice of the waiver
and a justification for the waiver, including a description of
the emergency situation that necessitated the waiver.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF CLUB-K CONTAINER MISSILE
SYSTEM BY THE RUSSIAN FEDERATION.
(a) Notice to Congress.--The Director of National Intelligence
shall submit to the appropriate congressional committees written notice
if the intelligence community receives intelligence that the Russian
Federation has--
(1) deployed, or is about to deploy, the Club-K container
missile system through the Russian military; or
(2) transferred or sold, or intends to transfer or sell,
the Club-K container missile system to another state or non-
state actor.
(b) Notice to Congressional Intelligence Committees.--Not later
than 30 days after the date on which the Director submits a notice
under subsection (a), the Director shall submit to the congressional
intelligence committees a written update regarding any intelligence
community engagement with a foreign partner on the deployment and
impacts of a deployment of the Club-K container missile system to any
potentially impacted nation.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 502. ASSESSMENT ON FUNDING OF POLITICAL PARTIES AND
NONGOVERNMENTAL ORGANIZATIONS BY THE RUSSIAN FEDERATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees an intelligence
community assessment on the funding of political parties and
nongovernmental organizations in former Soviet states and countries in
Europe by the Russian Security Services since January 1, 2006. Such
assessment shall include the following:
(1) The country involved, the entity funded, the security
service involved, and the intended effect of the funding.
(2) An evaluation of such intended effects, including with
respect to--
(A) undermining the political cohesion of the
country involved;
(B) undermining the missile defense of the United
States and the North Atlantic Treaty Organization; and
(C) undermining energy projects that could provide
an alternative to Russian energy.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSASSINATIONS AS A FORM
OF STATECRAFT BY THE RUSSIAN FEDERATION.
(a) Requirement for Assessment.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional committees
an intelligence community assessment on the use of political
assassinations as a form of statecraft by the Russian Federation since
January 1, 2000.
(b) Content.--The assessment required by subsection (a) shall
include--
(1) a list of Russian politicians, businessmen, dissidents,
journalists, current or former government officials, foreign
heads-of-state, foreign political leaders, foreign journalists,
members of nongovernmental organizations, and other relevant
individuals that the intelligence community assesses were
assassinated by Russian Security Services, or agents of such
services, since January 1, 2000; and
(2) for each individual described in paragraph (1), the
country in which the assassination took place, the means used,
associated individuals and organizations, and other background
information related to the assassination of the individual.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Subtitle B--Matters Relating to Other Countries
SEC. 511. REPORT ON RESOURCES AND COLLECTION POSTURE WITH REGARD TO THE
SOUTH CHINA SEA AND EAST CHINA SEA.
(a) In General.--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 an intelligence
community assessment on the resources used for collection efforts and
the collection posture of the intelligence community with regard to the
South China Sea and East China Sea.
(b) Elements.--The intelligence community assessment required by
subsection (a) shall provide detailed information related to
intelligence collection by the United States with regard to the South
China Sea and East China Sea, including--
(1) a review of intelligence community collection
activities and a description of these activities, including the
lead agency, key partners, purpose of collection activity,
annual funding and personnel, the manner in which the
collection is conducted, and types of information collected;
(2) an explanation of how the intelligence community
prioritizes and coordinates collection activities focused on
such region; and
(3) a description of any collection and resourcing gaps and
efforts being made to address such gaps.
SEC. 512. USE OF LOCALLY EMPLOYED STAFF SERVING AT A UNITED STATES
DIPLOMATIC FACILITY IN CUBA.
(a) Supervisory Requirement.--
(1) In general.--Except as provided in paragraph (2), not
later than one year after the date of the enactment of this
Act, the Secretary of State shall ensure that each key
supervisory position at a United States diplomatic facility in
Cuba is occupied by a citizen of the United States.
(2) Extension.--The Secretary of State may extend the
deadline to carry out paragraph (1) by not more than one year
if the Secretary submits to the appropriate congressional
committees written notification and justification of such
extension before making such extension.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
heads of other appropriate departments or agencies of the Federal
Government, shall submit to the appropriate congressional committees a
report on--
(1) the progress made by the Secretary with respect to
carrying out subsection (a)(1); and
(2) the use of locally employed staff in United States
diplomatic facilities, including--
(A) the number of such staff;
(B) the responsibilities of such staff;
(C) the manner in which such staff are selected,
including efforts to mitigate counterintelligence
threats to the United States; and
(D) the potential cost and effect on the
operational capacity of the diplomatic facility if the
number of such staff was reduced.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION FACILITIES
IN UNITED STATES DIPLOMATIC FACILITIES IN CUBA.
(a) Restricted Access Space Requirement.--The Secretary of State
shall ensure that each United States diplomatic facility in Cuba that,
after the date of the enactment of this Act, is constructed or
undergoes a construction upgrade includes a sensitive compartmented
information facility.
(b) National Security Waiver.--The Secretary of State may waive the
requirement under subsection (a) if the Secretary--
(1) determines that such waiver is in the national security
interest of the United States;
(2) submits to the appropriate congressional committees
written justification for such waiver; and
(3) a period of 90 days elapses following the date of such
submission.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAILABLE THROUGH
SANCTIONS RELIEF.
(a) In General.--At the times specified in subsection (b), the
Director of National Intelligence, in consultation with the Secretary
of the Treasury, shall submit to the appropriate congressional
committees a report assessing the following:
(1) The monetary value of any direct or indirect forms of
sanctions relief that Iran has received since the Joint Plan of
Action first entered into effect.
(2) How Iran has used funds made available through
sanctions relief, including the extent to which any such funds
have facilitated the ability of Iran--
(A) to provide support for--
(i) any individual or entity designated for
the imposition of sanctions for activities
relating to international terrorism pursuant to
an executive order or by the Office of Foreign
Assets Control of the Department of the
Treasury as of the date of the enactment of
this Act;
(ii) any 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)) as of the date of the enactment of
this Act;
(iii) any other terrorist organization; or
(iv) the regime of Bashar al Assad in
Syria;
(B) to advance the efforts of Iran or any other
country to develop nuclear weapons or ballistic
missiles overtly or covertly; or
(C) to commit any violation of the human rights of
the people of Iran.
(3) The extent to which any senior official of the
Government of Iran has diverted any funds made available
through sanctions relief to be used by the official for
personal use.
(b) Submission to Congress.--
(1) In general.--The Director shall submit the report
required by subsection (a) to the appropriate congressional
committees--
(A) not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter
during the period that the Joint Plan of Action is in
effect; and
(B) not later than 1 year after a subsequent
agreement with Iran relating to the nuclear program of
Iran takes effect and annually thereafter during the
period that such agreement remains in effect.
(2) Nonduplication.--The Director may submit the
information required by subsection (a) with a report required
to be submitted to Congress under another provision of law if--
(A) the Director notifies the appropriate
congressional committees of the intention of making
such submission before submitting that report; and
(B) all matters required to be covered by
subsection (a) are included in that report.
(c) Form of Reports.--Each report required by subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Finance, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Ways and
Means, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Joint plan of action.--The term ``Joint Plan of
Action'' means the Joint Plan of Action, signed at Geneva
November 24, 2013, by Iran and by France, Germany, the Russian
Federation, the People's Republic of China, the United Kingdom,
and the United States, and all implementing materials and
agreements related to the Joint Plan of Action, including the
technical understandings reached on January 12, 2014, the
extension thereto agreed to on July 18, 2014, and the extension
thereto agreed to on November 24, 2014.
TITLE VI--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
SEC. 601. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO THE UNITED STATES.
No amounts authorized to be appropriated or otherwise made
available to an element of the intelligence community may be used
during the period beginning on the date of the enactment of this Act
and ending on December 31, 2016, to transfer, release, or assist in the
transfer or release, to or within the United States, its territories,
or possessions, Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
SEC. 602. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES
IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available to an element of the intelligence community
may be used during the period beginning on the date of the enactment of
this Act and ending on December 31, 2016, to construct or modify any
facility in the United States, its territories, or possessions to house
any individual detained at Guantanamo for the purposes of detention or
imprisonment in the custody or under the control of the Department of
Defense unless authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section,
the term ``individual detained at Guantanamo'' means any individual
located at United States Naval Station, Guantanamo Bay, Cuba, as of
October 1, 2009, who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the control of the
Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
SEC. 603. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE TO
CERTAIN COUNTRIES OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made
available to an element of the intelligence community may be used
during the period beginning on the date of the enactment of this Act
and ending on December 31, 2016, to transfer, release, or assist in the
transfer or release of any individual detained in the custody or under
the control of the Department of Defense at United States Naval
Station, Guantanamo Bay, Cuba, to the custody or control of any
country, or any entity within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Reports
SEC. 701. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Quadrennial Audit of Positions Requiring Security Clearances.--
Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is
amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by striking
``The results required under subsection (a)(2) and the reports
required under subsection (b)(1)'' and inserting ``The reports
required under subsection (a)(1)''.
(b) Reports on Role of Analysts at FBI.--Section 2001(g) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458; 118 Stat. 3700; 28 U.S.C. 532 note) is amended by striking
paragraph (3) and redesignating paragraph (4) as paragraph (3).
(c) Report on Outside Employment by Officers and Employees of
Intelligence Community.--
(1) In general.--Section 102A(u) of the National Security
Act of 1947 (50 U.S.C. 3024(u)) is amended--
(A) by striking ``(1) The Director'' and inserting
``The Director''; and
(B) by striking paragraph (2).
(2) Conforming amendment.--Subsection (a) of section 507 of
such Act (50 U.S.C. 3106) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraph (6) as paragraph
(5).
(3) Technical amendment.--Subsection (c)(1) of such section
507 is amended by striking ``subsection (a)(1)'' and inserting
``subsection (a)''.
(d) Reports on Nuclear Aspirations of Non-State Entities.--Section
1055 of the National Defense Authorization Act for Fiscal Year 2010 (50
U.S.C. 2371) is repealed.
(e) Reports on Espionage by People's Republic of China.--Section
3151 of the National Defense Authorization Act for Fiscal Year 2000 (42
U.S.C. 7383e) is repealed.
(f) Reports on Security Vulnerabilities of National Laboratory
Computers.--Section 4508 of the Atomic Energy Defense Act (50 U.S.C.
2659) is repealed.
SEC. 702. REPORTS ON FOREIGN FIGHTERS.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter, the Director of
National Intelligence shall submit to the congressional intelligence
committees a report on foreign fighter flows to and from Syria and to
and from Iraq. The Director shall define the term ``foreign fighter''
in such reports.
(b) Matters To Be Included.--Each report submitted under subsection
(a) shall include each of the following:
(1) The total number of foreign fighters who have traveled
to Syria or Iraq since January 1, 2011, the total number of
foreign fighters in Syria or Iraq as of the date of the
submittal of the report, the total number of foreign fighters
whose countries of origin have a visa waiver program described
in section 217 of the Immigration and Nationality Act (8 U.S.C.
1187), the total number of foreign fighters who have left Syria
or Iraq, the total number of female foreign fighters, and the
total number of deceased foreign fighters.
(2) The total number of United States persons who have
traveled or attempted to travel to Syria or Iraq since January
1, 2011, the total number of such persons who have arrived in
Syria or Iraq since such date, and the total number of such
persons who have returned to the United States from Syria or
Iraq since such date.
(3) The total number of foreign fighters in the Terrorist
Identities Datamart Environment and the status of each such
foreign fighter in that database, the number of such foreign
fighters who are on a watchlist, and the number of such foreign
fighters who are not on a watchlist.
(4) The total number of foreign fighters who have been
processed with biometrics, including face images, fingerprints,
and iris scans.
(5) Any programmatic updates to the foreign fighter report
since the last report was submitted, including updated analysis
on foreign country cooperation, as well as actions taken, such
as denying or revoking visas.
(6) A worldwide graphic that describes foreign fighters
flows to and from Syria, with points of origin by country.
(c) Additional Report.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report that
includes--
(1) with respect to the travel of foreign fighters to and
from Iraq and Syria, a description of the intelligence sharing
relationships between the United States and member states of
the European Union and member states of the North Atlantic
Treaty Organization; and
(2) an analysis of the challenges impeding such
intelligence sharing relationships.
(d) Form.--The reports submitted under subsections (a) and (c) may
be submitted in classified form.
(e) Termination.--The requirement to submit reports under
subsection (a) shall terminate on the date that is 3 years after the
date of the enactment of this Act.
SEC. 703. REPORT ON STRATEGY, EFFORTS, AND RESOURCES TO DETECT, DETER,
AND DEGRADE ISLAMIC STATE REVENUE MECHANISMS.
(a) Sense of Congress.--It is the sense of Congress that the
intelligence community should dedicate necessary resources to defeating
the revenue mechanisms of the Islamic State.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the strategy,
efforts, and resources of the intelligence community that are necessary
to detect, deter, and degrade the revenue mechanisms of the Islamic
State.
SEC. 704. REPORT ON UNITED STATES COUNTERTERRORISM STRATEGY TO DISRUPT,
DISMANTLE, AND DEFEAT THE ISLAMIC STATE, AL-QA'IDA, AND
THEIR AFFILIATED GROUPS, ASSOCIATED GROUPS, AND
ADHERENTS.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a comprehensive report on
the counterterrorism strategy of the United States to disrupt,
dismantle, and defeat the Islamic State, al-Qa'ida, and their
affiliated groups, associated groups, and adherents.
(2) Coordination.--The report under paragraph (1) shall be
prepared in coordination with the Director of National
Intelligence, the Secretary of State, the Secretary of the
Treasury, the Attorney General, and the Secretary of Defense,
and the head of any other department or agency of the Federal
Government that has responsibility for activities directed at
combating the Islamic State, al-Qa'ida, and their affiliated
groups, associated groups, and adherents.
(3) Elements.--The report under by paragraph (1) shall
include each of the following:
(A) A definition of--
(i) core al-Qa'ida, including a list of
which known individuals constitute core al-
Qa'ida;
(ii) the Islamic State, including a list of
which known individuals constitute Islamic
State leadership;
(iii) an affiliated group of the Islamic
State or al-Qa'ida, including a list of which
known groups constitute an affiliate group of
the Islamic State or al-Qa'ida;
(iv) an associated group of the Islamic
State or al-Qa'ida, including a list of which
known groups constitute an associated group of
the Islamic State or al-Qa'ida;
(v) an adherent of the Islamic State or al-
Qa'ida, including a list of which known groups
constitute an adherent of the Islamic State or
al-Qa'ida; and
(vi) a group aligned with the Islamic State
or al-Qa'ida, including a description of what
actions a group takes or statements it makes
that qualify it as a group aligned with the
Islamic State or al-Qa'ida.
(B) An assessment of the relationship between all
identified Islamic State or al-Qa'ida affiliated
groups, associated groups, and adherents with Islamic
State leadership or core al-Qa'ida.
(C) An assessment of the strengthening or weakening
of the Islamic State or al-Qa'ida, its affiliated
groups, associated groups, and adherents, from January
1, 2010, to the present, including a description of the
metrics that are used to assess strengthening or
weakening and an assessment of the relative increase or
decrease in violent attacks attributed to such
entities.
(D) An assessment of whether an individual can be a
member of core al-Qa'ida if such individual is not
located in Afghanistan or Pakistan.
(E) An assessment of whether an individual can be a
member of core al-Qa'ida as well as a member of an al-
Qa'ida affiliated group, associated group, or adherent.
(F) A definition of defeat of the Islamic State or
core al-Qa'ida.
(G) An assessment of the extent or coordination,
command, and control between the Islamic State or core
al-Qa'ida and their affiliated groups, associated
groups, and adherents, specifically addressing each
such entity.
(H) An assessment of the effectiveness of
counterterrorism operations against the Islamic State
or core al-Qa'ida, their affiliated groups, associated
groups, and adherents, and whether such operations have
had a sustained impact on the capabilities and
effectiveness of the Islamic State or core al-Qa'ida,
their affiliated groups, associated groups, and
adherents.
(4) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 705. REPORT ON EFFECTS OF DATA BREACH OF OFFICE OF PERSONNEL
MANAGEMENT.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the President shall transmit to the
congressional intelligence committees a report on the data breach of
the Office of Personnel Management disclosed in June 2015.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) The effects, if any, of the data breach on the
operations of the intelligence community abroad, including the
types of operations, if any, that have been negatively affected
or entirely suspended or terminated as a result of the data
breach.
(2) An assessment of the effects of the data breach on each
element of the intelligence community.
(3) An assessment of how foreign persons, groups, or
countries may use the data collected by the data breach
(particularly regarding information included in background
investigations for security clearances), including with respect
to--
(A) recruiting intelligence assets;
(B) influencing decisionmaking processes within the
Federal Government, including regarding foreign policy
decisions; and
(C) compromising employees of the Federal
Government and friends and families of such employees
for the purpose of gaining access to sensitive national
security and economic information.
(4) An assessment of which departments or agencies of the
Federal Government use the best practices to protect sensitive
data, including a summary of any such best practices that were
not used by the Office of Personnel Management.
(5) An assessment of the best practices used by the
departments or agencies identified under paragraph (4) to
identify and fix potential vulnerabilities in the systems of
the department or agency.
(c) Briefing.--The Director of National Intelligence shall provide
to the congressional intelligence committees an interim briefing on the
report under subsection (a), including a discussion of proposals and
options for responding to cyber attacks.
(d) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 706. REPORT ON HIRING OF GRADUATES OF CYBER CORPS SCHOLARSHIP
PROGRAM BY INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the National Science Foundation,
shall submit to the congressional intelligence committees a report on
the employment by the intelligence community of graduates of the Cyber
Corps Scholarship Program. The report shall include the following:
(1) The number of graduates of the Cyber Corps Scholarship
Program hired by each element of the intelligence community.
(2) A description of how each element of the intelligence
community recruits graduates of the Cyber Corps Scholar
Program.
(3) A description of any processes available to the
intelligence community to expedite the hiring or processing of
security clearances for graduates of the Cyber Corps Scholar
Program.
(4) Recommendations by the Director of National
Intelligence to improve the hiring by the intelligence
community of graduates of the Cyber Corps Scholarship Program,
including any recommendations for legislative action to carry
out such improvements.
(b) Cyber Corps Scholarship Program Defined.--In this section, the
term ``Cyber Corps Scholarship Program'' means the Federal Cyber
Scholarship-for-Service Program under section 302 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7442).
SEC. 707. REPORT ON USE OF CERTAIN BUSINESS CONCERNS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on the
representation, as of the date of the report, of covered business
concerns among the contractors that are awarded contracts by elements
of the intelligence community for goods, equipment, tools, and
services.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) The representation of covered business concerns as
described in subsection (a), including such representation by--
(A) each type of covered business concern; and
(B) each element of the intelligence community.
(2) If, as of the date of the enactment of this Act, the
Director does not record and monitor the statistics required to
carry out this section, a description of the actions taken by
the Director to ensure that such statistics are recorded and
monitored beginning in fiscal year 2016.
(3) The actions the Director plans to take during fiscal
year 2016 to enhance the awarding of contracts to covered
business concerns by elements of the intelligence community.
(c) Covered Business Concerns Defined.--In this section, the term
``covered business concerns'' means the following:
(1) Minority-owned businesses.
(2) Women-owned businesses.
(3) Small disadvantaged businesses.
(4) Service-disabled veteran-owned businesses.
(5) Veteran-owned small businesses.
Subtitle B--Other Matters
SEC. 711. USE OF HOMELAND SECURITY GRANT FUNDS IN CONJUNCTION WITH
DEPARTMENT OF ENERGY NATIONAL LABORATORIES.
Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C.
609(a)) is amended in the matter preceding paragraph (1) by inserting
``including by working in conjunction with a National Laboratory (as
defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C.
15801(3))),'' after ``plans,''.
SEC. 712. INCLUSION OF CERTAIN MINORITY-SERVING INSTITUTIONS IN GRANT
PROGRAM TO ENHANCE RECRUITING OF INTELLIGENCE COMMUNITY
WORKFORCE.
Section 1024 of the National Security Act of 1947 (50 U.S.C. 3224)
is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``historically
black colleges and universities and Predominantly Black
Institutions'' and inserting ``historically black
colleges and universities, Predominantly Black
Institutions, Hispanic-serving institutions, and Asian
American and Native American Pacific Islander-serving
institutions''; and
(B) in the subsection heading, by striking
``Historically Black'' and inserting ``Certain
Minority-Serving''; and
(2) in subsection (g)--
(A) by redesignating paragraph (5) as paragraph
(7); and
(B) by inserting after paragraph (4) the following
new paragraphs (5) and (6):
``(5) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given that term in section
502(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5)).
``(6) Asian american and native american pacific islander-
serving institution.--The term `Asian American and Native
American Pacific Islander-serving institution' has the meaning
given that term in section 320(b)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1059g(b)(2)).''.
Passed the House of Representatives December 1, 2015.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 309
114th CONGRESS
1st Session
H. R. 4127
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2016 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.
_______________________________________________________________________
December 2, 2015
Received; read twice and placed on the calendar