Summary:
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Intelligence Authorization Act for Fiscal Year 2016

TITLE I--INTELLIGENCE ACTIVITIES

(Sec. 101) This bill authorizes FY2016 appropriations for the conduct of intelligence and intelligence-related activities of:

 the Office of the Director of National Intelligence (DNI); the Central Intelligence Agency (CIA); the Department of Defense (DOD); the Defense Intelligence Agency; the National Security Agency; the Departments of the Army, Navy, and Air Force; the Coast Guard; the Departments of State, the Treasury, Energy (DOE), and Justice; the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration; the National Reconnaissance Office; the National Geospatial-Intelligence Agency; and the Department of Homeland Security (DHS). (Sec. 102) The amounts authorized and the authorized personnel ceilings as of September 30, 2016, for such activities are those in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President.

(Sec. 103) The DNI, if it provides prior notification to Congress, may authorize employment of civilian personnel in excess of the number authorized for FY2016 when necessary for the performance of important intelligence functions.

The DNI must establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long-term, full-time training.

(Sec. 104) The bill authorizes FY2016 appropriations for the Intelligence Community Management Account, as well as for personnel positions for elements within such account. It provides for funds identified in the classified schedule for advanced research and development to remain available until September 30, 2017.

(Sec. 105) The National Security Act of 1947 is amended to allow DOE, DHS, the State Department, or Treasury to appoint individuals to certain excepted service positions that the DNI determines are necessary to carry out intelligence functions.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

(Sec. 201) The bill authorizes FY2016 appropriations for the Central Intelligence Agency Retirement and Disability Fund.

TITLE III--GENERAL PROVISIONS

(Sec. 301) 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 necessary for increases in such compensation or benefits authorized by law.

(Sec. 302) The bill prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or U.S. laws.

(Sec. 303) The Inspector General of the Intelligence Community is: (1) authorized to request information or assistance from state or local governmental agencies, subject to the concurrence of the DNI; and (2) included within the Council of the Inspectors General on Integrity and Efficiency.

(Sec. 305) The bill prohibits the Intelligence Reform and Terrorism Prevention Act of 2004 from being construed to authorize the Privacy and Civil Liberties Oversight Board to gain access to information regarding activities that the President determines may be authorized as covert actions to support identifiable U.S. foreign policy objectives that are important to national security.

(Sec. 306) The DNI must direct specified executive agencies, military departments, and elements of the intelligence community to implement a program to provide enhanced security review of agency employees or contractors who have been determined eligible to access classified information or hold a sensitive position. These programs must integrate information from government, publicly available, and commercial data sources, consumer reporting agencies, and social media.

Information obtained from such sources may include: (1) security or counterintelligence information about the individual or information that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, change in ideology, or a lack of good judgment, reliability, or trustworthiness; and (2) data maintained on any terrorist or criminal watch list maintained by any agency, state or local government, or international organization.

Automated record checks under the enhanced program must be conducted at least twice every five years to ensure continued eligibility of agency employees and contractors. The DNI must implement a plan to eliminate the backlog of overdue periodic reinvestigations of such individuals under the Intelligence Reform and Terrorism Prevention Act of 2004.

(Sec. 307) The DNI must: (1) notify Congress within 15 days after learning that an electronic communication service provider that generates call detail records in the ordinary course of business has changed its retention policy to a period of less than 18 months, and (2) identify each electronic communication service provider that has a policy to retain such records for 18 months or less.

(Sec. 308) The DNI must issue a directive containing a written policy for the timely notification to Congress of the identities of individuals occupying senior level positions within the intelligence community.

(Sec. 309) The DNI must designate an official to manage intelligence regarding the tactical use of tunnels by state and nonstate actors. Within 10 months after enactment of this Act and biennially thereafter until four years after enactment of this Act, the DNI must report to Congress regarding: (1) trends in the use of tunnels by foreign state and nonstate actors, and (2) collaboration between the United States and partner countries to address the use of tunnels by adversaries.

(Sec. 310) The DNI must establish a formal internal reporting process for tracking requests for country clearance submitted to overseas DNI representatives by U.S. agencies.

(Sec. 311) The DNI must evaluate duplication in finished intelligence analysis products and submit a plan for revising standards to ensure customers are able to identify differences among intelligence products on similar topics that are produced contemporaneously.

(Sec. 312) The DNI must collaborate with DOD and the Joint Chiefs of Staff to develop and report to Congress on a strategy for a comprehensive interagency review of policies 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. The strategy must ensure that the U.S. national security overhead satellite architecture: (1) aims to produce satellite systems in less than five years that can leverage common, standardized design elements and commercially available technologies; (2) is open to distributed, disaggregated architectures that allow for better resiliency, reconstitution, replenishment, and rapid technological refresh; and (3) emphasizes deterrence and the importance of offensive and defensive space control capabilities.

(Sec. 313) The DNI must carry out a study and report findings to Congress regarding appropriate standards to measure the damage of cyber incidents for purposes of determining the response to such incidents, including a method to quantify damage to affected computers, systems, and devices.

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

Subtitle A--Office of the Director of National Intelligence

(Sec. 401) The bill requires the National Counterintelligence Executive to be appointed by the President with the advice and consent of the Senate. (Currently, the DNI appoints such executive.)

(Sec. 402) Technical amendments exclude the Office of the DNI from certain position classification, pay, and allowances provisions relating to General Schedule employees.

(Sec. 403) The DNI must: (1) assign the Chief of the Analytic Integrity and Standards Group to review finished CIA-produced intelligence products to assess whether the CIA's reorganization has resulted in any loss of analytic objectivity, and (2) submit review results to Congress.

Subtitle B--Central Intelligence Agency and Other Elements

(Sec. 411) The bill authorizes the CIA inspector general to request information or assistance from state or local governmental agencies.

(Sec. 412) The bill prohibits funds authorized to be appropriated by this Act or made available for the intelligence community for FY2016 from being used to initiate a transfer of funds from the Joint Improvised Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund for intelligence activities unless the DNI or DOD: (1) notifies Congress at least 30 days in advance, or (2) waives such prohibition in an emergency situation and notifies Congress within 48 hours after initiation of the program or transfer.

TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

Subtitle A--Matters Relating to Russia

(Sec. 501) The DNI must: (1) notify Congress if the intelligence community receives intelligence that the Russian Federation has deployed, or is about to deploy, the Club-K container missile system through the Russian military or has transferred or sold, or intends to transfer or sell, such system to another state or nonstate actor; and (2) update Congress regarding any intelligence community engagement with a foreign partner on such a deployment and the impacts of a deployment to any potentially impacted nation.

(Sec. 502) The DNI must submit to Congress assessments of: (1) 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; and (2) the use of political assassinations as a form of statecraft by the Russian Federation since January 1, 2000.

Subtitle B--Matters Relating to Other Countries

(Sec. 511) The DNI must submit to Congress an assessment of the resources used for intelligence collection efforts with regard to the South and East China Seas. The assessment must describe lead agencies, key partners, purposes of collection activity, annual funding and personnel, prioritization and coordination of collection activities, and resourcing gaps.

(Sec. 512) The State Department must ensure that key supervisory positions at U.S. diplomatic facilities in Cuba are occupied by U.S. citizens.

(Sec. 513) The State Department must also ensure that U.S. diplomatic facilities in Cuba that are constructed or upgraded after the enactment of this Act include a sensitive compartmented information facility. The State Department may waive such requirement in the interest of national security if it submits a justification to Congress before exercising such waiver.

(Sec. 514) The DNI must submit reports to Congress regarding: (1) the monetary value of any sanctions relief that Iran has received since the Joint Plan of Action first entered into effect; (2) Iran's use of such funds, including to support international terrorism or the Bashar al-Assad regime in Syria, advance nuclear weapons or ballistic missile efforts, or commit any violation of the human rights of the people of Iran; and (3) the extent to which senior Iranian officials have diverted sanctions relief funds for their personal use.

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

(Sec. 601) The bill prohibits funds authorized to be appropriated or otherwise made available to an element of the intelligence community from being used through December 31, 2016, to:

 transfer or release to or within the United States, its territories, or possessions, Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and is or was held on or after January 20, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by DOD; construct or modify any facility in the United States, its territories, or possessions (except at the U.S. Naval Station in Guantanamo) to house an individual located at Guantanamo, as of October 1, 2009, who is not a U.S. citizen or member of the U.S. Armed Forces and is in DOD custody or control or is otherwise detained at Guantanamo, unless authorized by Congress; or transfer or release a Guantanamo detainee in DOD custody or control to the custody or control of Libya, Somalia, Syria, or Yemen or any entity within such countries. TITLE VII--REPORTS AND OTHER MATTERS

Subtitle A--Reports

(Sec. 701) The bill repeals certain reporting requirements, including:

 the President's quadrennial audit and report on the manner in which the executive branch determines whether a security clearance is required for a particular government position, the President's annual report on espionage by China, DNI reports on outside employment by officers and employees of the intelligence community and on nuclear aspirations of nonstate entities, FBI reports on the roles of FBI analysts, and National Counterintelligence Policy Board reports on the security vulnerabilities of computers at national security laboratories. (Sec. 702) The DNI must report to Congress every 60 days for three years after enactment of this Act regarding foreign fighter flows to and from Syria and Iraq.

The DNI must also submit a report regarding foreign fighter travel to and from Iraq and Syria that addresses the challenges impeding intelligence sharing relationships between the United States and member states of the European Union and of the North Atlantic Treaty Organization.

(Sec. 703) The bill expresses the sense of Congress that the intelligence community should dedicate necessary resources to defeating the revenue mechanisms of the Islamic State. The DNI must report on the strategy, efforts, and resources necessary to detect, deter, and degrade those revenue mechanisms.

(Sec. 704) The President must transmit to Congress a comprehensive report on the U.S. counterterrorism strategy to disrupt, dismantle, and defeat the Islamic State, al-Qa'ida, and their affiliated groups, associated groups, and adherents. The report must assess: (1) the relationships between such groups and their strengthening or weakening from January 1, 2010, to the present; (2) whether an individual who is not located in Afghanistan or Pakistan can be a member of core al-Qa'ida; (3) 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; (4) coordination, command, and control between the Islamic State or core al-Qa'ida and such groups and adherents; and (5) the effectiveness of counterterrorism operations.

The report must define "defeat of the Islamic State or core al-Qa'ida."

(Sec. 705) The President must also transmit to Congress within 120 days after enactment of this Act a report regarding the data breach of the Office of Personnel Management (OPM) disclosed in June 2015. The report must address: (1) any effects on the operations of the intelligence community abroad and on each element of the intelligence community; (2) an assessment of how foreign persons, groups, or countries may use the collected data, particularly information included in background investigations for security clearances; and (3) an assessment of which federal agencies use the best practices to protect sensitive data, including a summary of any such best practices that were not used by the OPM.

The DNI must provide Congress an interim briefing on such report, including a discussion of proposals and options for responding to cyber attacks.

(Sec. 706) The DNI, in coordination with the National Science Foundation, must report to Congress regarding the employment by the intelligence community of graduates of the Cyber Corps Scholarship Program.

(Sec. 707) The DNI must report to Congress regarding the representation of certain minority-owned, women-owned, small disadvantaged, service-disabled veteran-owned, or veteran-owned businesses among the contractors awarded contracts by elements of the intelligence community.

Subtitle B--Other Matters

(Sec. 711) The Federal Emergency Management Agency (FEMA) must permit grant recipients under the Urban Area Security Initiative or the State Homeland Security Grant Program to work in conjunction with DOE's national laboratories when grant funds are used to achieve target preparedness capabilities for federal, state, local, and tribal governments to respond to acts of terrorism under guidelines required by the Post-Katrina Emergency Management Reform Act of 2006.

(Sec. 712) The bill also includes certain Hispanic-serving and Asian American and Native American Pacific Islander-serving institutions of higher education among the minority-serving institutions eligible for DNI grants to provide programs of study for individuals to learn advanced foreign languages, study abroad, or develop other skills that meet the needs of the intelligence community.

measure amended introduced summary expanded action occurred measure intelligence authorization act fiscal year title intelligence activities sec bill authorizes fy2016 appropriations conduct intelligence intelligence related activities dni central_intelligence_agency cia department_of_defense dod defense_intelligence_agency national_security_agency navy air_force coast_guard departments_of_state treasury energy doe justice federal_bureau_of_investigation fbi drug_enforcement_administration national_reconnaissance_office national_geospatial-intelligence_agency department_of_homeland_security dhs sec amounts authorized authorized personnel ceilings september activities classified schedule authorizations shall available congressional appropriations committees president sec dni provides prior notification congress authorize employment civilian personnel excess number authorized fy2016 necessary performance important intelligence functions dni establish guidelines govern treatment authorized personnel levels employment assignment student trainee program reserve corps reemployed annuitant details joint duty long term time training sec bill authorizes fy2016 appropriations intelligence_community_management_account personnel positions elements account provides funds identified classified schedule advanced research development remain available september sec national security act amended allow doe dhs state_department treasury appoint individuals certain excepted service positions dni determines necessary carry intelligence functions title central intelligence agency retirement disability system sec bill authorizes fy2016 appropriations central_intelligence_agency_retirement_and_disability_fund title iii general provisions sec appropriations authorized act salary pay retirement benefits federal employees increased additional supplemental amounts necessary increases compensation benefits authorized law sec bill prohibits authorization appropriations act deemed constitute authority conduct intelligence activity authorized constitution laws sec inspector general intelligence_community authorized request information assistance state local governmental agencies subject concurrence dni included council_of_the_inspectors_general_on_integrity_and_efficiency sec bill prohibits intelligence_reform_and_terrorism_prevention_act construed authorize privacy_and_civil_liberties_oversight_board gain access information activities president determines authorized covert actions support identifiable foreign policy objectives important national security sec dni direct specified executive agencies military departments elements intelligence community implement program provide enhanced security review agency employees contractors determined eligible access classified information hold sensitive position programs integrate information government publicly available commercial data sources consumer reporting agencies social media information obtained sources include security counterintelligence information individual information suggest ill intent vulnerability compulsive behavior allegiance country change ideology lack good judgment reliability data maintained terrorist criminal watch list maintained agency state local government international organization automated record checks enhanced program conducted twice years ensure continued eligibility agency employees contractors dni implement plan eliminate backlog overdue periodic reinvestigations individuals intelligence reform terrorism prevention act sec dni notify congress days learning electronic communication service provider generates detail records ordinary course business changed retention policy period months identify electronic communication service provider policy retain records months sec dni issue directive containing written policy timely notification congress identities individuals occupying senior level positions intelligence community sec dni designate official manage intelligence tactical use tunnels state actors months enactment act biennially years enactment act dni report congress trends use tunnels foreign state actors collaboration united_states partner countries address use tunnels sec dni establish formal internal reporting process tracking requests country clearance submitted overseas dni representatives agencies sec dni evaluate duplication finished intelligence analysis products submit plan revising standards ensure customers able identify differences intelligence products similar topics produced sec dni collaborate dod joint_chiefs_of_staff develop report congress strategy comprehensive interagency review policies planning acquiring national security satellite systems architectures including capabilities commercial systems partner countries consistent issued june strategy ensure national security overhead satellite architecture produce satellite systems years leverage common standardized design elements commercially available technologies open distributed disaggregated architectures allow better resiliency reconstitution replenishment rapid technological emphasizes deterrence importance offensive defensive space control capabilities sec dni carry study report findings congress appropriate standards measure damage cyber incidents purposes determining response incidents including method quantify damage affected computers systems devices title matters relating elements intelligence_community subtitle office director sec bill requires appointed president advice consent senate currently dni appoints executive sec technical amendments exclude office_of_the_dni certain position classification pay allowances provisions relating general_schedule employees sec dni assign chief analytic integrity standards group review finished cia produced intelligence products assess cia reorganization resulted loss analytic objectivity submit review results congress subtitle central intelligence agency elements sec bill authorizes cia inspector general request information assistance state local governmental agencies sec bill prohibits funds authorized appropriated act available intelligence community fy2016 initiate transfer funds joint_improvised_explosive_device_defeat_fund intelligence activities dni dod notifies congress days advance waives prohibition emergency situation notifies congress hours initiation program transfer title matters relating foreign countries subtitle matters relating russia sec dni notify congress intelligence community receives intelligence russian_federation deployed deploy container missile system russian military transferred sold intends transfer sell system state actor update congress intelligence community engagement foreign partner deployment impacts deployment potentially impacted nation sec dni submit congress assessments funding political parties nongovernmental organizations soviet states countries europe january use political form russian_federation january subtitle matters relating countries sec dni submit congress assessment resources intelligence collection efforts regard south assessment describe lead agencies key partners purposes collection activity annual funding personnel prioritization coordination collection activities gaps sec state_department ensure key supervisory positions diplomatic facilities cuba occupied citizens sec state_department ensure diplomatic facilities cuba constructed upgraded enactment act include sensitive information facility state_department waive requirement interest national security submits justification congress exercising waiver sec dni submit reports congress monetary value sanctions relief iran received joint_plan_of_action entered effect iran use funds including support international terrorism regime syria advance nuclear weapons ballistic missile efforts commit violation human rights people iran extent senior iranian officials diverted sanctions relief funds personal use title matters relating united states naval station guantanamo bay cuba sec bill prohibits funds authorized appropriated available element intelligence community december transfer release united_states territories possessions khalid_sheikh_mohammed detainee citizen member held january guantanamo_bay cuba dod construct modify facility united_states territories possessions guantanamo house individual located guantanamo october citizen member dod custody control detained guantanamo authorized congress transfer release guantanamo detainee dod custody control custody control libya somalia syria yemen entity countries title vii reports matters subtitle reports sec bill repeals certain reporting requirements including president quadrennial audit report manner executive branch determines security clearance required particular government position president annual report espionage china dni reports outside employment officers employees intelligence community nuclear aspirations entities fbi reports roles fbi analysts reports security vulnerabilities computers national security laboratories sec dni report congress days years enactment act foreign fighter flows syria iraq dni submit report foreign fighter travel iraq syria addresses challenges impeding intelligence sharing relationships united_states member states european_union north_atlantic_treaty_organization sec bill expresses sense congress intelligence community dedicate necessary resources revenue mechanisms islamic state dni report strategy efforts resources necessary detect deter degrade revenue mechanisms sec president transmit congress comprehensive report counterterrorism strategy disrupt dismantle defeat islamic state affiliated groups associated groups report assess relationships groups strengthening january present individual located afghanistan pakistan member core individual member core member affiliated group associated group coordination command control islamic state core groups effectiveness counterterrorism operations report define defeat islamic state core sec president transmit congress days enactment act report data breach disclosed june report address effects operations intelligence community abroad element intelligence community assessment foreign persons groups countries use collected data particularly information included background investigations security clearances assessment federal agencies use best practices protect sensitive data including summary best practices opm dni provide congress interim briefing report including discussion proposals options responding cyber attacks sec dni coordination national_science_foundation report congress employment intelligence community graduates sec dni report congress representation certain minority owned women owned small disadvantaged service disabled veteran owned veteran owned businesses contractors awarded contracts elements intelligence community subtitle matters sec federal_emergency_management_agency fema permit grant recipients urban_area_security_initiative state_homeland_security_grant_program work conjunction doe national laboratories grant funds achieve target preparedness capabilities federal state local tribal governments respond acts terrorism guidelines required post-katrina_emergency_management_reform_act sec bill includes certain hispanic serving asian american native american pacific islander serving institutions higher education minority serving institutions eligible dni grants provide programs study individuals learn advanced foreign languages study abroad develop skills meet needs intelligence community


Summary:
State Secrets Protection Act

This bill declares that the government has a privilege to refuse to give information and to prevent any person from giving information in civil actions in federal or state courts only if the government shows that public disclosure of the information that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States.

Courts must take steps, which may include in camera and ex parte hearings and other security procedures, to protect sensitive information that comes before them.

The bill sets forth the court's authority regarding the participation of counsel, appointment of a guardian ad litem to represent an absent litigant's interests, and the disclosure of information when it presents a risk of harm. The bill also provides standards for the court to order the government to produce adequate or nonprivileged substitutes (redacted copies, summary of information, stipulation of facts) for privileged information.

The government may: (1) assert the privilege in connection with any claim in a civil action to which it is a party, or (2) intervene in a civil action to which it is not a party in order to do so.

Once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question, and (2) provide the government an opportunity to seek protective measures under this Act.

The bill establishes procedures and a standard for assessing the privilege claim.

If the court determines that the privilege is not validly asserted, the court must issue appropriate orders regarding the disclosure of the information to a nongovernmental party and its admission at trial, with the right to an interlocutory appeal for any such orders. The bill prohibits such disclosure or admission if the privilege is determined valid.

Courts of appeal are provided jurisdiction of an appeal from a decision or order of a district court determining that the state secrets privilege is not validly asserted, sanctioning a refusal to provide an adequate or nonprivileged substitute, or refusing protective steps sought by the government pending the resolution of the claim of state secrets privilege.

state secrets protection act bill declares government privilege refuse information prevent person giving information civil actions federal state courts government shows public disclosure information government seeks protect reasonably likely cause significant harm national defense diplomatic relations united_states courts steps include camera parte hearings security procedures protect sensitive information comes bill sets forth court authority participation counsel appointment guardian litem represent absent interests disclosure information presents risk harm bill provides standards court order government produce adequate substitutes redacted copies summary information stipulation facts privileged information government assert privilege connection claim civil action party intervene civil action party order government asserted privilege court makes determinations court shall undertake preliminary review information question provide government opportunity seek protective measures act bill establishes procedures standard assessing privilege claim court determines privilege validly asserted court issue appropriate orders disclosure information nongovernmental party admission trial right interlocutory appeal orders bill prohibits disclosure admission privilege determined valid courts appeal provided jurisdiction appeal decision order district court determining state secrets privilege validly asserted sanctioning refusal provide adequate substitute refusing protective steps sought government pending resolution claim state secrets privilege


Summary:
Electronic Warfare Capabilities Enhancement Act of 2016

This bill permits the use of appropriations authorized for electromagnetic spectrum warfare systems and electronic warfare in order to develop and field electromagnetic spectrum warfare systems and electronic warfare capabilities.

The Bob Stump National Defense Authorization Act for Fiscal Year 2003 is amended to include electronic warfare programs in the rapid acquisition authority program.

Electronic warfare is military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy.

The Department of Defense shall delegate to the senior electronic warfare executive the authority to review and validate all Joint Capabilities Integration and Development System documents for electronic warfare acquisition programs.

The Electronic Warfare Executive Committee shall submit to the congressional defense committees a strategic plan with measurable and timely objectives to achieve its mission according to specified metrics.

electronic warfare capabilities enhancement act bill permits use appropriations authorized electromagnetic spectrum warfare systems electronic warfare order develop field electromagnetic spectrum warfare systems electronic warfare capabilities bob stump national defense authorization act fiscal year amended include electronic warfare programs rapid acquisition authority program electronic warfare military action involving use electromagnetic directed energy control electromagnetic spectrum attack enemy department_of_defense shall delegate senior electronic warfare executive authority review validate joint capabilities integration development system documents electronic warfare acquisition programs shall submit congressional defense committees strategic plan measurable timely objectives achieve mission according specified metrics


Summary:
United States - Israel Cybersecurity Cooperation Act

This bill authorizes the Department of Homeland Security (DHS) to establish a joint United States-Israel Cybersecurity Center of Excellence based in the United States and Israel to leverage the experience, knowledge, and expertise of institutions of higher education, the private sector, and government entities in cybersecurity and protection of critical infrastructure. The center may promote joint research and development, share best practices and access to American and Israeli innovation, and strengthen partnerships between the United States and Israeli entities.

DHS may carry out a program to award an annual competitive prize to stimulate innovation to advance the center's mission.

cybersecurity cooperation act bill authorizes department_of_homeland_security dhs establish joint united_states-israel cybersecurity center excellence based united_states israel leverage experience knowledge expertise institutions higher education private sector government entities cybersecurity protection critical infrastructure center promote joint research development share best practices access american israeli innovation strengthen partnerships united_states israeli entities dhs carry program award annual competitive prize stimulate innovation advance center mission


Summary:
JCPOA Intelligence Enforcement Act of 2016

This bill directs the Director of National Intelligence (DNI) to establish an integration cell among elements of the U.S. intelligence community to integrate intelligence for monitoring and enforcement of the Joint Comprehensive Plan of Action (JCPOA), which is the international agreement on Iran's nuclear program.

The cell must coordinate intelligence collection, integrate early warning systems with respect to potential violations, and identify intelligence gaps in monitoring for the JCPOA.

The cell must report to Congress annually regarding its awareness of, and its recommendations for better collection regarding, Iran's compliance.

The bill expresses the sense of Congress that the intelligence community should establish a joint fusion cell with the Gulf Cooperation Council to:

 combat Iran's malevolent regional activities, including its support for terrorist proxies, such as Hezbollah; disrupt illicit transfers of weapons and material in violation of United Nations Security Council Resolution 2231; and protect the territorial integrity of key partner nations. The bill also expresses the sense of Congress that the DNI should establish a United States-Israel intelligence working group focused specifically on the Iranian threat.

bill directs director national_intelligence dni establish integration cell elements intelligence community integrate intelligence monitoring enforcement joint comprehensive plan action international agreement iran nuclear program cell coordinate intelligence collection integrate early warning systems respect potential violations identify intelligence gaps monitoring cell report congress annually awareness recommendations better collection iran compliance bill expresses sense congress intelligence community establish joint fusion cell combat iran regional activities including support terrorist proxies hezbollah disrupt illicit transfers weapons material violation protect territorial integrity key partner nations bill expresses sense congress dni establish united_states-israel intelligence working group focused specifically iranian threat


Summary:
Intelligence Authorization Act for Fiscal Year 2017

TITLE I--INTELLIGENCE ACTIVITIES

(Sec. 101) This bill authorizes FY2017 appropriations for the conduct of intelligence and intelligence-related activities of:

 the Office of the Director of National Intelligence (ODNI); the Central Intelligence Agency (CIA); the Department of Defense (DOD); the Defense Intelligence Agency (DIA); the National Security Agency (NSA); the Departments of the Army, Navy, and Air Force; the Coast Guard; the Departments of State, the Treasury, Energy (DOE), and Justice; the Federal Bureau of Investigation; the Drug Enforcement Administration; the National Reconnaissance Office (NRO); the National Geospatial-Intelligence Agency (NGA); and the Department of Homeland Security (DHS). (Sec. 102) The amounts authorized and the authorized personnel ceilings as of September 30, 2017, for such activities are those in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President.

(Sec. 103) The ODNI, if it provides prior notice to Congress, may authorize employment of civilian personnel in excess of the number authorized for FY2017 when necessary for the performance of important intelligence functions.

The ODNI must establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long-term, full-time training.

(Sec. 104) This section authorizes FY2017 appropriations for the Intelligence Community Management Account. Additional funds identified in the classified schedule for advanced research and development shall remain available until September 30, 2018.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

(Sec. 201) This title authorizes FY2017 appropriations for the Central Intelligence Agency Retirement and Disability Fund.

TITLE III--GENERAL PROVISIONS

(Sec. 301) Appropriations authorized by this bill for salary, pay, retirement, and other benefits for federal employees may be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law.

(Sec. 302) Appropriations authorized by this bill shall not be deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or U.S. laws.

(Sec. 303) This section authorizes FY2017 appropriations for the Privacy and Civil Liberties Oversight Board (PCLOB). Appropriated funds available to the PCLOB may be obligated or expended during a fiscal year only if specifically authorized by Congress for that fiscal year.

(Sec. 304) Employees of the DIA, the NGA, the NRO, or the NSA assigned or detailed to a combatant command or other element of the federal government who intend to report to Congress a complaint or information regarding an urgent concern involving classified information or false statements may report the complaint or information to the DOD inspector general.

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

(Sec. 305) DOD officials designated with overall acquisition-decision responsibilities for major defense acquisition programs must report to Congress about the costs, plans, and risks of the programs after granting each milestone approval.

(Sec. 306) This section removes a provision that requires any construction or improvement to a facility with an estimated federal cost exceeding $300,000 that is used primarily by intelligence community personnel to be specifically identified as a separate item in the President's budget or specifically authorized and appropriated. The ODNI must notify Congress of any project for the repair or modification of a facility for intelligence community personnel that has an estimated cost greater than $1 million.

(Sec. 307) The Intelligence Reform and Terrorism Prevention Act of 2004 is amended to require the PCLOB to inform the ODNI, elements of the intelligence community, and the House and Senate intelligence committees about its activities and any of its significant anticipated activities.

(Sec. 308) FY2016 appropriations for DOE's intelligence and intelligence-related activities shall be deemed to be authorized to be appropriated for such activities.

(Sec. 309) This section makes a technical correction regarding the annual rate of basic pay for the Director of the National Counter Proliferation Center.

(Sec. 310) The intelligence community is prohibited from charging reproduction fees for reviewing and processing a request for the mandatory declassification of information that are in excess of the reproduction fees that would be charged for Freedom of Information Act requests.

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

Subtitle A--Office of the Director of National Intelligence

(Sec. 401) This subtitle amends the Defense Production Act of 1950 to require the ODNI, within five days after a review or an investigation by the Committee on Foreign Investment in the United States (CFIUS) of a merger, acquisition, or takeover that could result in foreign control of any person engaged in interstate commerce in the United States, to submit to Congress the ODNI's national security threat analysis that was previously provided to the CFIUS. Within 60 days after completion of the review or investigation that concludes the CFIUS's action, the ODNI must also determine whether the transaction will have an operational impact on the intelligence community, and, if so, report on such impact to Congress.

(Sec. 402) The Office of the National Counterintelligence Executive is redesignated as the National Counterintelligence and Security Center with a director to be appointed by the President with the advice and consent of the Senate. (Currently, the Director of National Intelligence appoints a head executive.)

(Sec. 403) The ODNI must publish on a public website a list of all logos, symbols, and markings associated with foreign terrorist organizations.

Subtitle B--Central Intelligence Agency and Other Elements

(Sec. 411) The CIA may: (1) pay death benefits substantially similar to those authorized for Foreign Service members, and (2) adjust eligibility requirements for such benefits. Regulations to carry out such authority must be submitted to Congress before they take effect.

(Sec. 412) The CIA inspector general may designate officers or employees as law enforcement officers for purposes of pay and retirement benefits if they are appointed to a position that investigates suspected criminal offenses.

(Sec. 413) This section removes the DOD Chief Information Officer's authority and control over the NSA's Information Assurance Directorate.

(Sec. 414) No DIA civilian employee assigned to a directorate of a geographic combatant command headquartered outside of the United States may receive a living quarters allowance.

(Sec. 415) The NRO shall develop a plan to carry out space-based environmental monitoring missions with acquisition programs to meet the national security requirements for cloud characterization and theater weather imagery. The plan must: (1) address the amount of funds that would be necessary to be transferred from the Air Force to the NRO during FY2018-FY2022 to carry out such plan, and (2) be submitted to Congress no later than when the President submits the FY2018 budget.

The ODNI's Director of the Cost Assessment Improvement Group must coordinate with DOD's Director of Cost Assessment and Program Evaluation to certify that the proposed transfer of Air Force funds is appropriate and includes funding for positions and personnel to support program office costs.

(Sec. 416) The ODNI must support efforts of DOD and the Office of Personnel Management to modernize the technology systems for security clearance information. They must implement a system to:

 sustain the security clearance information architecture of the National Background Investigations Bureau and DOD, support decisionmaking processes for the evaluation and granting of personnel security clearances, improve cybersecurity capabilities, reduce complexity and cost, provide information to managers on financial and administrative costs, strengthen ties between counterintelligence and personnel security communities, and improve standardization. TITLE V--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA

(Sec. 501) The ODNI must complete a declassification review of intelligence reports prepared by the National Counterterrorism Center prior to Periodic Review Board sessions or detainee transfers on the past terrorist activities of individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, who were transferred or released after the signing of Executive Order 13492. The ODNI must make declassified information available to the public and provide a justification to Congress about why any information subject to review was not declassified.

TITLE VI--REPORTS AND OTHER MATTERS (Sec. 601) The ODNI must submit a report listing, by year, the number of intelligence community employees who have been detailed to the National Security Council during the previous 10-year period.

(Sec. 602) The ODNI must report to Congress every 180 days for two years regarding foreign fighter flows to and from terrorist safe havens abroad.

(Sec. 603) The ODNI must report on information collection by individual elements of the intelligence community about the number of applicants for, participants in, and individuals hired by the intelligence community after participating in: (1) the Federal Cyber Scholarship-for-Service Program; (2) the National Security Education Program; (3) the Science, Mathematics, and Research for Transformation Defense Education Program; (4) the National Centers of Academic Excellence in Information Assurance and Cyber Defense; or (4) other intelligence community academic, scholarship, fellowship, or internship programs. If elements of the intelligence community do not independently collect such information, the report must address whether they can begin collecting such information during FY2017 and the resources required to independently collect such information.

(Sec. 604) DHS must report on the cybersecurity threats to, and the cyber vulnerabilities within, the software, communications networks, or computer networks employed by U.S. maritime shipping concerns and entities conducting significant operations at U.S. seaports or transshipment points. The report must include a status update on the Coast Guard's efforts to include cybersecurity concerns in the National Response Framework or the Emergency Support Functions relating to U.S. shipping or ports.

(Sec. 605) DHS must report on its counter-messaging activities with respect to the Islamic State and other extremist groups. It must describe any coordination of such activities with the State Department.

(Sec. 606) The Inspector General of the Intelligence Community must report on reprisals made against employees of a contractor of the intelligence community for making a disclosure of information that would be protected by law if the contractor were an employee of the federal government.

intelligence authorization act fiscal year title intelligence activities sec bill authorizes fy2017 appropriations conduct intelligence intelligence related activities central_intelligence_agency cia department_of_defense dod defense_intelligence_agency dia national_security_agency nsa navy air_force coast_guard departments_of_state treasury energy doe justice federal_bureau_of_investigation drug_enforcement_administration national_reconnaissance_office nro national_geospatial-intelligence_agency department_of_homeland_security dhs sec amounts authorized authorized personnel ceilings september activities classified schedule authorizations shall available congressional appropriations committees president sec odni provides prior notice congress authorize employment civilian personnel excess number authorized fy2017 necessary performance important intelligence functions odni establish guidelines govern treatment authorized personnel levels employment assignment student trainee program reserve corps reemployed annuitant details joint duty long term time training sec section authorizes fy2017 appropriations intelligence_community_management_account additional funds identified classified schedule advanced research development shall remain available september title central intelligence agency retirement disability system sec title authorizes fy2017 appropriations central_intelligence_agency_retirement_and_disability_fund title iii general provisions sec appropriations authorized bill salary pay retirement benefits federal employees increased additional supplemental amounts necessary increases compensation benefits authorized law sec appropriations authorized bill shall deemed constitute authority conduct intelligence activity authorized constitution laws sec section authorizes fy2017 appropriations privacy_and_civil_liberties_oversight_board appropriated funds available obligated expended fiscal year specifically authorized congress fiscal year sec employees dia nro nsa assigned detailed combatant command element federal government intend report congress complaint information urgent concern involving classified information false statements report complaint information dod inspector general inspectors general cia odni elements intelligence community notify congress directly determine employee complaint information urgent concern appears credible section removes processes inspectors general notify cia director director national_intelligence head establishment forwards notice congress sec dod officials designated overall acquisition decision responsibilities major defense acquisition programs report congress costs plans risks programs granting milestone approval sec section removes provision requires construction improvement facility estimated federal cost exceeding primarily intelligence community personnel specifically identified separate item president budget specifically authorized appropriated odni notify congress project repair modification facility intelligence community personnel estimated cost greater million sec intelligence reform terrorism prevention act amended require inform odni elements intelligence community house senate intelligence committees activities significant anticipated activities sec fy2016 appropriations doe intelligence intelligence related activities shall deemed authorized appropriated activities sec section makes technical correction annual rate basic pay director national_counter_proliferation_center sec intelligence community prohibited charging reproduction fees reviewing processing request mandatory declassification information excess reproduction fees charged freedom information act requests title matters relating elements intelligence_community subtitle office director sec subtitle amends defense production act require odni days review investigation united_states merger acquisition takeover result foreign control person engaged interstate commerce united_states submit congress odni national security threat analysis previously provided days completion review investigation concludes action odni determine transaction operational impact intelligence community report impact congress sec office_of_the_national_counterintelligence_executive redesignated director appointed president advice consent senate currently director national_intelligence appoints head executive sec odni publish public website list symbols markings associated foreign terrorist organizations subtitle central intelligence agency elements sec cia pay death benefits substantially similar authorized foreign_service members adjust eligibility requirements benefits regulations carry authority submitted congress effect sec cia inspector general designate officers employees law enforcement officers purposes pay retirement benefits appointed position suspected criminal offenses sec section removes dod chief information officer authority control nsa information assurance directorate sec dia civilian employee assigned directorate geographic combatant command headquartered outside united_states receive living quarters allowance sec nro shall develop plan carry space based environmental monitoring missions acquisition programs meet national security requirements cloud characterization theater weather imagery plan address funds necessary transferred air_force nro carry plan submitted congress later president submits fy2018 budget odni director coordinate dod director cost assessment program evaluation certify proposed transfer air_force funds appropriate includes funding positions personnel support program office costs sec odni support efforts dod office_of_personnel_management modernize technology systems security clearance information implement system sustain security clearance information architecture dod support decisionmaking processes evaluation granting personnel security clearances improve cybersecurity capabilities reduce complexity cost provide information managers financial administrative costs strengthen ties counterintelligence personnel security communities improve standardization title matters relating united states naval station guantanamo bay cuba sec odni complete declassification review intelligence reports prepared national_counterterrorism_center prior sessions detainee transfers past terrorist activities individuals detained naval station guantanamo_bay cuba transferred released signing executive order odni declassified information available public provide justification congress information subject review declassified title reports matters sec odni submit report listing year number intelligence community employees detailed national_security_council previous year period sec odni report congress days years foreign fighter flows terrorist safe havens abroad sec odni report information collection individual elements intelligence community number applicants participants individuals hired intelligence community participating federal cyber scholarship service program science mathematics cyber defense intelligence community academic scholarship fellowship internship programs elements intelligence community independently collect information report address begin collecting information fy2017 resources required independently collect information sec dhs report cybersecurity threats cyber vulnerabilities software communications networks computer networks employed maritime shipping concerns entities conducting significant operations seaports transshipment points report include status update coast_guard efforts include cybersecurity concerns relating shipping ports sec dhs report counter messaging activities respect islamic state extremist groups describe coordination activities state_department sec inspector general intelligence_community report reprisals employees contractor intelligence community making disclosure information protected law contractor employee federal government


Summary:
Countering Foreign Propaganda and Disinformation Act of 2016

This bill expresses the sense of Congress that:

 foreign governments, including the governments of the Russian Federation and China, use disinformation and other propaganda tools to undermine the national security objectives of the United States and key allies and partners; the U.S. government should develop a comprehensive strategy to counter foreign disinformation and propaganda and assert leadership in developing a fact-based strategic narrative; and an important element of this strategy should be to promote an independent press in countries that are vulnerable to foreign disinformation. The Department of State shall establish a Center for Information Analysis and Response to:

 lead and coordinate the collection and analysis of information on foreign government information warfare efforts; establish a framework for the integration of critical data and analysis on foreign propaganda and disinformation efforts into the development of national strategy; and develop and synchronize government initiatives to expose and counter foreign information operations directed against U.S. national security interests and advance fact-based narratives that support U.S. allies and interests. When selecting participants for U.S. educational and cultural exchange programs, special consideration shall be given to students and community leaders from populations and countries deemed vulnerable to foreign propaganda and disinformation campaigns.

countering foreign propaganda disinformation act bill expresses sense congress foreign governments including governments russian_federation china use disinformation propaganda tools undermine national security objectives united_states key allies partners government develop comprehensive strategy counter foreign disinformation propaganda assert leadership developing fact based strategic important element strategy promote independent press countries vulnerable foreign disinformation department_of_state shall establish response lead coordinate collection analysis information foreign government information warfare efforts establish framework integration critical data analysis foreign propaganda disinformation efforts development national strategy develop government initiatives expose counter foreign information operations directed national security interests advance fact based support allies interests selecting participants educational cultural exchange programs special consideration shall given students community leaders populations countries deemed vulnerable foreign propaganda disinformation campaigns


Summary:
International Communications Privacy Act

This bill amends the federal criminal code by allowing a governmental entity to require providers of electronic communication services or remote computing services to disclose the contents of communications in electronic storage (e.g., the cloud), regardless of where those communications are located. Thus, a governmental entity may obtain warrants for electronic communications stored outside of the United States if certain conditions for obtaining the warrant are met.

The bill allows a governmental entity to obtain those communications only if a court finds that the governmental entity has taken all reasonable steps to establish the nationality and location of the subscriber or customer whose communications are sought and that there are reasonable grounds to believe that such subscriber or customer is a U.S. person, a person physically located within the United States, or a national of a foreign country that has a law enforcement cooperation agreement with the United States.

The Department of Justice must: (1) establish a process for foreign governments to file mutual legal assistance treaty requests for obtaining access to electronic communications, and (2) publish annually information concerning those requests.

bill amends federal criminal code allowing governmental entity require providers electronic communication services remote computing services disclose contents communications electronic storage cloud regardless communications located governmental entity obtain warrants electronic communications stored outside united_states certain conditions obtaining warrant met bill allows governmental entity obtain communications court finds governmental entity taken reasonable steps establish nationality location subscriber customer communications sought reasonable grounds believe subscriber customer person person physically located united_states national foreign country law enforcement cooperation agreement united_states department_of_justice establish process foreign governments file mutual legal assistance treaty requests obtaining access electronic communications publish annually information concerning requests


Summary:
Secure E-Waste Export and Recycling Act

This bill prohibits any person from exporting or reexporting electronic waste (specified items containing electronic components or fragments, including computers, televisions, video display devices, and consumer electronics) or exempted electronic waste items (tested, working used electronics, low-risk counterfeit electronics, or recalled electronics), except as specified.

"Low-risk counterfeit electronics" means electronic components or items that: (1) have been subjected to destruction processes that render the items unusable for their original purpose; and (2) are exported as a feedstock, with no additional mechanical or hand separation required, in a reclamation process to render the components or items recycled consistent with the laws of the foreign country performing such process.

A person may export or reexport exempted electronic waste items only if:

 the person is listed on a publicly available registry maintained by the Department of Commerce; for each export transaction, the person files specified electronic export information in the Automated Export System; the export or reexport of exempted electronic waste items otherwise complies with applicable international agreements and other U.S. trade laws; and the exempted items are accompanied by certain required documentation. Commerce may provide exceptions to the requirements of this bill under specified circumstances for exports or reexports of five items or fewer per transaction of electronic components intended for personal use, and of electronic components to a person or entity under the ownership or control of the person exporting or reexporting the components, with the intent that they be used for the purpose for which they were used in the United States.

Any violator of this bill or regulations issued under it shall be subject to the same penalties as those applicable to violators of any other provision of the Export Administration Regulations.

secure waste export recycling act bill prohibits person exporting electronic waste specified items containing electronic components including computers video display devices consumer electronics exempted electronic waste items tested working electronics low risk counterfeit electronics recalled electronics specified low risk counterfeit electronics means electronic components items subjected destruction processes render items unusable original purpose exported feedstock additional mechanical hand separation required reclamation process render components items recycled consistent laws foreign country performing process person export reexport exempted electronic waste items person listed publicly available registry maintained department_of_commerce export transaction person files specified electronic export information export reexport exempted electronic waste items complies applicable international agreements trade laws exempted items accompanied certain required documentation commerce provide exceptions requirements bill specified circumstances exports items fewer transaction electronic components intended personal use electronic components person entity ownership control person exporting components intent purpose united_states violator bill regulations issued shall subject penalties applicable violators provision


Summary:
This bill amends the federal criminal code to modify the criminal liability standard for certain disclosures of national defense information.

Specifically, current law makes it a crime for a person entrusted with national defense information to permit such information to be lost or removed through gross negligence.

This bill eliminates gross negligence as an element the criminal offense to impose strict liability on a person who permits the loss or removal of national defense information.

bill amends federal criminal code modify criminal liability standard certain disclosures national defense information specifically current law makes crime person national defense information permit information lost removed gross negligence bill eliminates gross negligence element criminal offense impose strict liability person permits loss removal national defense information


Summary:
United States-Israel Cybersecurity Cooperation Enhancement Act of 2016

(Sec. 2) This bill requires the Department of Homeland Security (DHS) to establish a grant program to support cybersecurity research and development, and the demonstration and commercialization of cybersecurity technology, in accordance with the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters, dated May 29, 2008, or a successor agreement.

Grants may be awarded for social science research and technology intended to identify, protect against, respond to, and recover from cybersecurity threats.

To be eligible for a grant, a project must be a joint venture between: (1) for-profit, nonprofit, or academic entities (including U.S. national laboratories) in the United States and Israel; or (2) the governments of the United States and Israel.

Grants shall be awarded only for projects considered unclassified by both the United States and Israel.

DHS must require cost sharing of at least 50% from nonfederal sources for grant activities, but it may reduce the nonfederal percentage if necessary on a case-by-case basis.

DHS must establish an advisory board to monitor the impartial scientific and technical merit method by which grants are awarded and provide periodic reviews of the actions taken to carry out the program.

The grant program terminates seven years after this bill's enactment.

united_states-israel cybersecurity cooperation enhancement act sec bill requires department_of_homeland_security dhs establish grant program support cybersecurity research development demonstration commercialization cybersecurity technology accordance agreement government united_states_of_america government dated successor agreement grants awarded social science research technology intended identify protect respond recover cybersecurity threats eligible grant project joint venture profit nonprofit academic entities including national laboratories united_states israel governments united_states israel grants shall awarded projects considered unclassified united_states israel dhs require cost sharing nonfederal sources grant activities reduce nonfederal percentage necessary case case basis dhs establish advisory board monitor impartial scientific technical merit method grants awarded provide periodic reviews actions taken carry program grant program terminates seven years bill enactment


Summary:
Classified Information Protection Act of 2016

This bill amends the federal criminal code to specify that the government need not prove intent to harm the United States when prosecuting a: (1) person entrusted with national defense information who permits the loss or removal of such information through gross negligence; or (2) government employee, contractor, or consultant who commits unauthorized removal and retention of classified material.

classified information protection act bill amends federal criminal code specify government need prove intent harm united_states prosecuting person national defense information permits loss removal information gross negligence government employee contractor consultant commits unauthorized removal retention classified material


Summary:
Cybersecurity Responsibility and Accountability Act of 2016

This bill requires the National Institute of Standards and Technology (NIST) to incorporate additional cybersecurity requirements in its computer standards for agency information systems and provide the Office of Management and Budget (OMB) with a process for agencies to implement those standards.

NIST must also: (1) support development of information security training and certification for agency heads, (2) address agency-identified information security challenges and knowledge gaps, (3) assess information security statutory requirements, and (4) develop security standards for national security systems.

The OMB must require the heads of agencies (currently, agencies generally) to: (1) report on the adequacy of their information security procedures, (2) provide for independent evaluations of information security practices, and (3) notify Congress and affected individuals of data breaches. Intelligence community agencies affected by data breaches must notify NIST.

Chief information officers of agencies must collaborate with their agency head to designate chief information security officers (positions with job responsibilities to be developed by the OMB and NIST) to replace their current senior agency information security officers.

Agencies must develop mandatory annual information security training and certification to ensure that agency heads understand federal cybersecurity policy regarding: (1) agency systems, (2) cyber-attacks and data breaches, and (3) not using private email servers or messaging systems for official communications.

Agency heads must certify that their agencies meet information security standards and provide reasons for not meeting any standards.

Agency heads must also develop annual plans to implement information security recommendations of the Government Accountability Office (GAO) and inspectors general. If an agency head fails to implement such a recommendation, the reasons for the failure must be provided to the OMB for approval.

For each OMB-defined "major cybersecurity incident" (e.g., an incident involving classified information) that an agency experiences, the agency head must transmit an inspector general-performed independent evaluation to the OMB, the Department of Homeland Security, NIST, Congress, and the GAO. If the evaluation determines that the incident occurred because the agency head failed to comply sufficiently with NIST certification standards or recommendations of the GAO or agency inspectors general, then the OMB must hold the agency head accountable through an enforcement action, which may include actions under the budgetary or appropriations process, a recommendation for the President to remove or demote the agency head, or actions to ensure that the agency head does not receive cash or pay awards or bonuses for one year.

accountability act bill requires national_institute_of_standards_and_technology nist incorporate additional cybersecurity requirements computer standards agency information systems provide office_of_management_and_budget omb process agencies implement standards nist support development information security training certification agency heads address agency identified information security challenges knowledge gaps assess information security statutory requirements develop security standards national security systems omb require heads agencies currently agencies generally report adequacy information security procedures provide independent evaluations information security practices notify congress affected individuals data breaches intelligence community agencies affected data breaches notify nist chief information officers agencies collaborate agency head designate chief information security officers positions job responsibilities developed omb nist replace current senior agency information security officers agencies develop mandatory annual information security training certification ensure agency heads understand federal cybersecurity policy agency systems cyber attacks data breaches private email servers messaging systems official communications agency heads certify agencies meet information security standards provide reasons meeting standards agency heads develop annual plans implement information security recommendations government_accountability_office gao inspectors general agency head fails implement recommendation reasons failure provided omb approval omb defined major cybersecurity incident incident involving classified information agency experiences agency head transmit inspector general performed independent evaluation omb department_of_homeland_security nist congress gao evaluation determines incident occurred agency head failed comply sufficiently nist certification standards recommendations gao agency inspectors general omb hold agency head accountable enforcement action include actions budgetary appropriations process recommendation president remove demote agency head actions ensure agency head receive cash pay awards bonuses year


Summary:
Unsecured Server Act of 2016

This bill amends the Intelligence Reform and Terrorism Prevention Act of 2004 to prohibit federal agencies from granting or renewing security clearances to federal officers or employees, military members on active duty or in an active status, or federal contractors if an agency head determines that they have knowingly stored classified information on, or transmitted classified information to or from, an unsecured computer server that is not authorized by federal intelligence agencies. This prohibition applies retroactively to individuals who used an unsecured server during the 10-year period before enactment of this bill.

Agencies may waive security clearance prohibitions to grant clearances to disqualified individuals, but only if the agency notifies Congress 30 days before the proposed waiver.

The use of an unsecured server for classified information shall be grounds for revoking an individual's security clearance.

The bill establishes a criminal penalty of a fine or imprisonment for up to 10 years for anyone who knowingly stores classified information on, or transmits classified information to or from, an unsecured server or who causes such information to be so stored or transmitted.

unsecured server act bill amends intelligence_reform_and_terrorism_prevention_act prohibit federal agencies granting renewing security clearances federal officers employees military members active duty active status federal contractors agency head determines knowingly stored classified information transmitted classified information unsecured computer server authorized federal intelligence agencies prohibition applies retroactively individuals unsecured server year period enactment bill agencies waive security clearance prohibitions grant clearances disqualified individuals agency notifies congress days proposed waiver use unsecured server classified information shall grounds revoking individual security clearance bill establishes criminal penalty fine imprisonment years knowingly stores classified information transmits classified information unsecured server causes information stored transmitted


Summary:
Grid Cybersecurity Research and Development Act

This bill requires the Department of Energy (DOE)to develop an initiative to mitigate the consequences on the electric grid from the results of cyberattacks by increasing cybersecurity capabilities of the electricity sector.

Additionally, DOE must collaborate with other federal agencies, state agencies, and the private sector to develop guidance for research and demonstration activities to improve cybersecurity capabilities of the electricity sector.

The National Institute of Standards and Technology must develop voluntary cybersecurity training standards that minimize duplication and maintain a public database of cybersecurity training programs.

The Energy Sector Government Coordinating Council must develop a coordinated interagency strategic plan to advance cybersecurity capabilities in the electricity sector.

bill requires department_of_energy develop initiative mitigate consequences electric grid results increasing cybersecurity capabilities electricity sector additionally doe collaborate federal agencies state agencies private sector develop guidance research demonstration activities improve cybersecurity capabilities electricity sector national_institute_of_standards_and_technology develop voluntary cybersecurity training standards minimize duplication maintain public database cybersecurity training programs develop coordinated interagency strategic plan advance cybersecurity capabilities electricity sector