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Bill
Notes

H.R. 2596 — what changed

Intelligence Authorization Act for Fiscal Year 2016

From Reported in House to Engrossed in House. 5 sections amended, 11 added, and 1 removed between Reported in House and Engrossed in House.

Sec. 3 Budgetary effects

removed

removed 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 Budget Committee of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.

Sec. 303 Prior congressional notification of initiations of certain new special access programs

(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 any new special access program pertaining to any intelligence or intelligence-related activity or covert action unless the Director of National Intelligence or the Secretary of Defense, as appropriate, submits to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate, by not later than 30 days before initiating such a program, written notification of the intention to initiate the program.
(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 new special access program 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 and the Committees on Armed Services of the House of Representatives and the Senate, by not later than 48 hours after the initiation of the new special access program 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.
(c)
changed Special access program defined— In this section, the term special access program has the meaning given such term in Executive Order No. 13526 as in effect on the date of the enactment of this Act.

Sec. 305 Designation of lead intelligence officer for tunnels

(a)
added 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)
added 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)
added trends in the use of tunnels by foreign state and nonstate actors; and
(2)
added collaboration efforts between the United States and partner countries to address the use of tunnels by adversaries.

removed 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.

Sec. 309 National Cyber Threat Intelligence Integration Center

(a)
Establishment— Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended—
(1)
by redesignating section 119B as section 119C; and
(2)
by inserting after section 119A the following new section:

“119B. Cyber Threat Intelligence Integration Center

“(a) Establishment—There is within the Office of the Director of National Intelligence a Cyber Threat Intelligence Integration Center.

“(b) Director—There is a Director of the Cyber Threat Intelligence Integration Center, who shall be the head of the Cyber Threat Intelligence Integration Center, and who shall be appointed by the Director of National Intelligence.

“(c) Primary missions—The Cyber Threat Intelligence Integration Center shall—

“(1) serve as the primary organization within the Federal Government for analyzing and integrating all intelligence possessed or acquired by the United States pertaining to cyber threats;

“(2) ensure that appropriate departments and agencies of the Federal Government have full access to and receive all-source intelligence support needed to execute the cyber threat intelligence activities of such agencies and to perform independent, alternative analyses;

“(3) disseminate cyber threat analysis to the President, the appropriate departments and agencies of the Federal Government, and the appropriate committees of Congress;

“(4) coordinate cyber threat intelligence activities of the departments and agencies of the Federal Government; and

“(5) conduct strategic cyber threat intelligence planning for the Federal Government.

“(d) Limitations—The Cyber Threat Intelligence Integration Center—

“(1) may not have more than 50 permanent positions;

“(2) in carrying out the primary missions of the Center described in subsection (c), may not augment staffing through detailees, assignees, or core contractor personnel or enter into any personal services contracts to exceed the limitation under paragraph (1); and

changed “(3) shall be located in a building owned or operated by an element of the intelligence community as of the date of the enactment of this section.”section.

added “(e) Reports—Not later than 10 months after the date of the enactment of this subsection, and annually thereafter for 3 years, the Director of the Cyber Threat Intelligence Integration Center shall submit a report to Congress that includes the following:

added “(1) With respect to the year covered by the report, a detailed description of cyber threat trends, as compiled by the Cyber Threat Intelligence Integration Center.

added “(2) With respect to the year covered by the report, a detailed description of the coordination efforts by the Cyber Threat Intelligence Integration Center between departments and agencies of the Federal Government, including the Department of Defense, the Department of Justice, and the Department of Homeland Security.

added “(3) Recommendations for better collaboration between such departments and agencies of the Federal Government.”

(b)
Table of contents amendments— The table of contents in the first section of the National Security Act of 1947, as amended by section 102 of this title, is further amended by striking the item relating to section 119B and inserting the following new items:

Sec. 317 Inclusion of Hispanic-serving institutions in grant program to enhance recruiting of intelligence community workforce

added

added Section 1024 of the National Security Act of 1947 (50 U.S.C. ) is amended—

(1)
added in subsection (c)—
(A)
added in paragraph (1), by inserting “, Hispanic-serving institutions, and” after “universities”; and
(B)
added in the subsection heading for such subsection, by striking “historically black” and inserting “certain minority-Serving”; and
(2)
added in subsection (g)—
(A)
added by redesignating paragraph (5) as paragraph (6); and
(B)
added by inserting after paragraph (4) the following new paragraph (5):

added “(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)).”

Sec. 332 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 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 issued, 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)
changed Form—Additional report— The reports submitted under subsection (a) may be submitted in classified form.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)
added 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)
added an analysis of the challenges impeding such intelligence sharing relationships.
(d)
added Form— The reports submitted under subsections (a) and (c) may be submitted in classified form.
(e)
renumbered was (5) Termination— The requirement to submit reports under subsection (a) shall terminate on the date that is three years after the date of the enactment of this Act.

Sec. 335 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); and
(2)
by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
(b)
changed Reports on role of analysts at FBI and FBI information sharing— 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 paragraphs paragraph (3) and (4).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) 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(a)) 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. 336 Report on hiring of graduates of Cyber Corps Scholarship Program by intelligence community

added
(a)
added 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)
added The number of graduates of the Cyber Corps Scholarship Program hired by each element of the intelligence community.
(2)
added A description of how each element of the intelligence community recruits graduates of the Cyber Corps Scholar Program.
(3)
added 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)
added Recommendations by the Director 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)
added 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. 337 Report on effects of data breach of Office of Personnel Management

added
(a)
added 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)
added Matters included— The report under subsection (a) shall include the following:
(1)
added 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)
added An assessment of the effects of the data breach to each element of the intelligence community.
(3)
added 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)
added recruiting intelligence assets;
(B)
added influencing decision-making processes within the Federal Government, including regarding foreign policy decisions; and
(C)
added 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)
added 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)
added 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)
added 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)
added Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Sec. 338 Assessment on funding of political parties and nongovernmental organizations by the Russian Federation

added
(a)
added 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 Federation and the security and intelligence services of the Russian Federation since January 1, 2006. Such assessment shall include the following:
(1)
added The country involved, the entity funded, the security service involved, and the intended effect of the funding.
(2)
added An evaluation of such intended effects, including with respect to—
(A)
added undermining the political cohesion of the country involved;
(B)
added undermining the missile defense of the United States and the North Atlantic Treaty Organization; and
(C)
added undermining energy projects that could provide an alternative to Russian energy.
(b)
added Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c)
added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
(1)
added The congressional intelligence communities.
(2)
added The Committees on Armed Services of the House of Representatives and the Senate.
(3)
added The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

Sec. 339 Report on continuous evaluation of security clearances

added

added 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 and the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) a report on the continuous evaluation of security clearances of employees, officers, and contractors of the intelligence community. The report shall include the following:

(1)
added The status of the continuous evaluation program of the intelligence community, including a timeline for the implementation of such program.
(2)
added A comparison of such program to the automated continuous evaluation system of the Department of Defense.
(3)
added Identification of any possible efficiencies that could be achieved by the intelligence community leveraging the automated continuous evaluation system of the Department of Defense.

Sec. 340 Report on strategy, efforts, and resources to detect, deter, and degrade Islamic State revenue mechanisms

added
(a)
added 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)
added Report— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the 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. 341 Report on national security cooperation between United States, India, and Israel

added

added 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 on possibilities for growing national security cooperation between the United States, India, and Israel.

Sec. 342 Cyber attack standards of measurement study

added
(a)
added 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)
added can be used to measure the damage of cyber incidents for the purposes of determining the response to such incidents; and
(2)
added include a method for quantifying the damage caused to affected computers, systems, and devices.
(b)
added Reports to congress—
(1)
added Preliminary findings— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate and the Committee on Armed Services, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives the initial findings of the study required under subsection (a).
(2)
added Report— Not later than 360 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate and the Committee on Armed Services, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the complete findings of such study.
(3)
added Form of report— The report required by paragraph (2) shall be submitted in unclassified form, but may contain a classified annex.

Sec. 343 Report on wildlife trafficking

added
(a)
added Reports required— Not later than 365 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional committees specified in subsection (b) a report on wildlife trafficking.
(b)
added Specified members and committees of congress— The congressional committees specified in this subsection are the following:
(1)
added Select Committee on Intelligence of the Senate.
(2)
added Committee on Foreign Relations of the Senate.
(3)
added Committee on Environment and Public Works of the Senate.
(4)
added Permanent Select Committee on Intelligence of the House of Representatives.
(5)
added Committee on Foreign Affairs of the House of Representatives.
(6)
added Committee on Natural Resources of the House of Representatives.
(c)
added Matters To be included— The report submitted under subsection (a) shall include each of the following:
(1)
added An assessment of the major source, transit, and destination countries for wildlife trafficking products or their derivatives and how such products or derivatives are trafficked.
(2)
added An assessment of the efforts of those countries identified as major source, transit, and destination countries to counter wildlife trafficking and to adhere to their international treaty obligations relating to endangered or threatened species.
(3)
added An assessment of critical vulnerabilities that can be used to counter wildlife trafficking.
(4)
added An assessment of the extent of involvement of designated foreign terrorist organizations and transnational criminal organizations in wildlife trafficking.
(5)
added An assessment of key actors and facilitators, including government officials, that are supporting wildlife trafficking.
(6)
added An assessment of the annual net worth of wildlife trafficking globally and the financial flows that enables wildlife trafficking.
(7)
added An assessment of the impact of wildlife trafficking on key wildlife populations.
(8)
added An assessment of the effectiveness of efforts taken to date to counter wildlife trafficking.
(9)
added An assessment of the effectiveness of capacity-building efforts by the United States Government.
(10)
added An assessment of the impact of wildlife trafficking on the national security of the United States.
(11)
added An assessment of the level of coordination between United States intelligence and law enforcement agencies on intelligence related to wildlife trafficking, the capacity of those agencies to process and act on that intelligence effectively, existing barriers to effective coordination, and the degree to which relevant intelligence is shared with and acted upon by bilateral and multilateral law enforcement partners.
(12)
added An assessment of the gaps in intelligence capabilities to assess transnational wildlife trafficking networks and steps currently being taken, in line with the Implementation Plan to the National Strategy for Combating Wildlife Trafficking, to remedy such information gaps.
(d)
added Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Sec. 344 Report on terrorist use of social media

added
(a)
added Report required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional committees specified in subsection (b) a report that represents the coordinated assessment of the intelligence community on terrorist use of social media.
(b)
added Specified members and committees of congress— The congressional committees specified in this subsection are the following:
(1)
added Select Committee on Intelligence of the Senate.
(2)
added Committee on Foreign Relations of the Senate.
(3)
added Committee on Judiciary of the Senate.
(4)
added Committee on Homeland and Government Affairs of the Senate.
(5)
added Permanent Select Committee on Intelligence of the House of Representatives.
(6)
added Committee on Foreign Affairs of the House of Representatives.
(7)
added Committee on Judiciary of the House of Representatives.
(8)
added Committee on Homeland Security of the House of Representatives.
(c)
added Matters To be included— The report submitted under subsection (a) shall include each of the following:
(1)
added An assessment of what role social media plays in radicalization in the United States and elsewhere.
(2)
added An assessment of how terrorists and terrorist organizations are using social media, including trends.
(3)
added An assessment of the intelligence value of social media posts by terrorists and terrorist organizations.
(4)
added An assessment of the impact on the national security of the United States of the public availability of terrorist content on social media for fundraising, radicalization, and recruitment.
(d)
added Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Sec. 345 Report on United States counterterrorism strategy to disrupt, dismantle, and defeat ISIL, al-Qaeda, and their affiliated groups, associated groups, and adherents

added
(a)
added Report—
(1)
added 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 committees of Congress a comprehensive report on the United States counterterrorism strategy to disrupt, dismantle, and defeat the Islamic State of Iraq and the Levant (ISIL), al-Qaeda, and their affiliated groups, associated groups, and adherents.
(2)
added Coordination— The report required by paragraph (1) shall be prepared in coordination with 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 United States Government that has responsibility for activities directed at combating ISIL, al-Qaeda, and their affiliated groups, associated groups, and adherents.
(3)
added Elements— The report required by paragraph (1) shall include each of the following:
(A)
added A definition of—
(i)
added al-Qaeda core, including a list of which known individuals constitute al-Qaeda core;
(ii)
added ISIL, including a list of which known individuals constitute ISIL leadership;
(iii)
added an affiliated group of ISIL or al-Qaeda, including a list of which known groups constitute an affiliate group of ISIL or al-Qaeda;
(iv)
added an associated group of ISIL or al-Qaeda, including a list of which known groups constitute an associated group of ISIL or al-Qaeda;
(v)
added an adherent of ISIL or al-Qaeda, including a list of which known groups constitute an adherent of ISIL or al-Qaeda; and
(vi)
added a group aligned with ISIL or al-Qaeda, including a description of what actions a group takes or statements it makes that qualify it as a group aligned with ISIL or al-Qaeda.
(B)
added An assessment of the relationship between all identified ISIL or al-Qaeda affiliated groups, associated groups, and adherents with ISIL leadership or al-Qaeda core.
(C)
added An assessment of the strengthening or weakening of ISIL or al-Qaeda, 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)
added An assessment of whether or not an individual can be a member of al-Qaeda core if such individual is not located in Afghanistan or Pakistan.
(E)
added An assessment of whether or not an individual can be a member of al-Qaeda core as well as a member of an al-Qaeda affiliated group, associated group, or adherent.
(F)
added A definition of defeat of ISIL or core al-Qaeda.
(G)
added An assessment of the extent or coordination, command, and control between ISIL or core al-Qaeda and their affiliated groups, associated groups, and adherents, specifically addressing each such entity.
(H)
added An assessment of the effectiveness of counterterrorism operations against ISIL or core al-Qaeda, their affiliated groups, associated groups, and adherents, and whether such operations have had a sustained impact on the capabilities and effectiveness of ISIL or core al-Qaeda, their affiliated groups, associated groups, and adherents.
(4)
added Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(b)
added Appropriate committees of congress defined— In this section, the term “appropriate committees of Congress” means—
(1)
added the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives; and
(2)
added the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate.