1537 
thropic entities, other Federal agencies, or State or local 
governments and their agencies for research projects: Pro-
vided further, That with respect to the previous proviso, 
such partners to the cooperative agreements must contribute 
at least a 50 percent match toward the cost of the project: 
Provided further, That for non-competitive agreements en-
tered into in accordance with the previous two provisos, the 
Secretary of Housing and Urban Development shall comply 
with section 2(b) of the Federal Funding Accountability 
and Transparency Act of 2006 (Public Law 109–282, 31 
U.S.C. note) in lieu of compliance with section 102(a)(4)(C) 
with respect to documentation of award decisions: Provided 
further, That prior to obligation of technical assistance 
funding, the Secretary shall submit a plan, for approval, 
to the House and Senate Committees on Appropriations on 
how it will allocate funding for this activity. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
FAIR HOUSING ACTIVITIES 
For contracts, grants, and other assistance, not other-
wise provided for, as authorized by title VIII of the Civil 
Rights Act of 1968, as amended by the Fair Housing 
Amendments Act of 1988, and section 561 of the Housing 
and Community Development Act of 1987, as amended, 
$65,300,000, to remain available until September 30, 2017: 
Provided, That notwithstanding 31 U.S.C. 3302, the Sec-
1538 
retary may assess and collect fees to cover the costs of the 
Fair Housing Training Academy, and may use such funds 
to provide such training: Provided further, That no funds 
made available under this heading shall be used to lobby 
the executive or legislative branches of the Federal Govern-
ment in connection with a specific contract, grant, or loan: 
Provided further, That of the funds made available under 
this heading, $300,000 shall be available to the Secretary 
of Housing and Urban Development for the creation and 
promotion of translated materials and other programs that 
support the assistance of persons with limited English pro-
ficiency in utilizing the services provided by the Depart-
ment of Housing and Urban Development. 
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY 
HOMES 
LEAD HAZARD REDUCTION 
For the Lead Hazard Reduction Program, as author-
ized by section 1011 of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992, $110,000,000, to remain 
available until September 30, 2017, of which $20,000,000 
shall be for the Healthy Homes Initiative, pursuant to sec-
tions 501 and 502 of the Housing and Urban Development 
Act of 1970 that shall include research, studies, testing, and 
demonstration efforts, including education and outreach 
concerning lead-based paint poisoning and other housing-
1539 
related diseases and hazards: Provided, That for purposes 
of environmental review, pursuant to the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
other provisions of the law that further the purposes of such 
Act, a grant under the Healthy Homes Initiative, or the 
Lead Technical Studies program under this heading or 
under prior appropriations Acts for such purposes under 
this heading, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily 
Housing Property Disposition Reform Act of 1994: Pro-
vided further, That of the total amount made available 
under this heading, $45,000,000 shall be made available on 
a competitive basis for areas with the highest lead paint 
abatement needs: Provided further, That each recipient of 
funds provided under the previous proviso shall contribute 
an amount not less than 25 percent of the total: Provided 
further, That each applicant shall certify adequate capacity 
that is acceptable to the Secretary to carry out the proposed 
use of funds pursuant to a notice of funding availability: 
Provided further, That amounts made available under this 
heading in this or prior appropriations Acts, and that still 
remain available, may be used for any purpose under this 
heading notwithstanding the purpose for which such 
amounts were appropriated if a program competition is
1540 
undersubscribed and there are other program competitions 
under this heading that are oversubscribed. 
INFORMATION TECHNOLOGY FUND 
For the development of, modifications to, and infra-
structure for Department-wide and program-specific infor-
mation technology systems, for the continuing operation 
and maintenance of both Department-wide and program- 
specific information systems, and for program-related 
maintenance activities, $250,000,000, shall remain avail-
able until September 30, 2017: Provided, That any amounts 
transferred to this Fund under this Act shall remain avail-
able until expended: Provided further, That any amounts 
transferred to this Fund from amounts appropriated by 
previously enacted appropriations Acts may be used for the 
purposes specified under this Fund, in addition to any 
other information technology purposes for which such 
amounts were appropriated. 
OFFICE OF INSPECTOR GENERAL 
For necessary salaries and expenses of the Office of In-
spector General in carrying out the Inspector General Act 
of 1978, as amended, $126,000,000: Provided, That the In-
spector General shall have independent authority over all 
personnel issues within this office.
1541 
GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT 
(INCLUDING TRANSFER OF FUNDS) 
(INCLUDING RESCISSIONS) 
SEC. 201. Fifty percent of the amounts of budget au-
thority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured 
from projects described in section 1012(a) of the Stewart 
B. McKinney Homeless Assistance Amendments Act of 1988 
(42 U.S.C. 1437 note) shall be rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts 
of budget authority or cash recaptured and not rescinded 
or remitted to the Treasury shall be used by State housing 
finance agencies or local governments or local housing agen-
cies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after 
January 1, 1992, in accordance with such section. Notwith-
standing the previous sentence, the Secretary may award 
up to 15 percent of the budget authority or cash recaptured 
and not rescinded or remitted to the Treasury to provide 
project owners with incentives to refinance their project at 
a lower interest rate. 
SEC. 202. None of the amounts made available under 
this Act may be used during fiscal year 2016 to investigate 
or prosecute under the Fair Housing Act any otherwise law-
1542 
ful activity engaged in by one or more persons, including 
the filing or maintaining of a nonfrivolous legal action, 
that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a 
court of competent jurisdiction. 
SEC. 203. Sections 203 and 209 of division C of Public 
Law 112–55 (125 Stat. 693–694) shall apply during fiscal 
year 2016 as if such sections were included in this title, 
except that during such fiscal year such sections shall be 
applied by substituting ‘‘fiscal year 2016’’ for ‘‘fiscal year 
2011’’ and for ‘‘fiscal year 2012’’ each place such terms ap-
pear, and shall be amended to reflect revised delineations 
of statistical areas established by the Office of Management 
and Budget pursuant to 44 U.S.C. 3504(e)(3), 31 U.S.C. 
1104(d), and Executive Order No. 10253. 
SEC. 204. Except as explicitly provided in law, any 
grant, cooperative agreement or other assistance made pur-
suant to title II of this Act shall be made on a competitive 
basis and in accordance with section 102 of the Department 
of Housing and Urban Development Reform Act of 1989 
(42 U.S.C. 3545). 
SEC. 205. Funds of the Department of Housing and 
Urban Development subject to the Government Corporation 
Control Act or section 402 of the Housing Act of 1950 shall 
be available, without regard to the limitations on adminis-
1543 
trative expenses, for legal services on a contract or fee basis, 
and for utilizing and making payment for services and fa-
cilities of the Federal National Mortgage Association, Gov-
ernment National Mortgage Association, Federal Home 
Loan Mortgage Corporation, Federal Financing Bank, Fed-
eral Reserve banks or any member thereof, Federal Home 
Loan banks, and any insured bank within the meaning of 
the Federal Deposit Insurance Corporation Act, as amended 
(12 U.S.C. 1811–1). 
SEC. 206. Unless otherwise provided for in this Act 
or through a reprogramming of funds, no part of any ap-
propriation for the Department of Housing and Urban De-
velopment shall be available for any program, project or 
activity in excess of amounts set forth in the budget esti-
mates submitted to Congress. 
SEC. 207. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are subject 
to the Government Corporation Control Act are hereby au-
thorized to make such expenditures, within the limits of 
funds and borrowing authority available to each such cor-
poration or agency and in accordance with law, and to 
make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of such 
Act as may be necessary in carrying out the programs set 
forth in the budget for 2016 for such corporation or agency
1544 
except as hereinafter provided: Provided, That collections 
of these corporations and agencies may be used for new loan 
or mortgage purchase commitments only to the extent ex-
pressly provided for in this Act (unless such loans are in 
support of other forms of assistance provided for in this or 
prior appropriations Acts), except that this proviso shall 
not apply to the mortgage insurance or guaranty operations 
of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United 
States Government. 
SEC. 208. The Secretary of Housing and Urban Devel-
opment shall provide quarterly reports to the House and 
Senate Committees on Appropriations regarding all uncom-
mitted, unobligated, recaptured and excess funds in each 
program and activity within the jurisdiction of the Depart-
ment and shall submit additional, updated budget informa-
tion to these Committees upon request. 
SEC. 209. The President’s formal budget request for fis-
cal year 2017, as well as the Department of Housing and 
Urban Development’s congressional budget justifications to 
be submitted to the Committees on Appropriations of the 
House of Representatives and the Senate, shall use the iden-
tical account and sub-account structure provided under this 
Act.
1545 
SEC. 210. A public housing agency or such other entity 
that administers Federal housing assistance for the Housing 
Authority of the county of Los Angeles, California, and the 
States of Alaska, Iowa, and Mississippi shall not be re-
quired to include a resident of public housing or a recipient 
of assistance provided under section 8 of the United States 
Housing Act of 1937 on the board of directors or a similar 
governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or 
other entity that administers Federal housing assistance 
under section 8 for the Housing Authority of the county 
of Los Angeles, California and the States of Alaska, Iowa 
and Mississippi that chooses not to include a resident of 
public housing or a recipient of section 8 assistance on the 
board of directors or a similar governing board shall estab-
lish an advisory board of not less than six residents of pub-
lic housing or recipients of section 8 assistance to provide 
advice and comment to the public housing agency or other 
administering entity on issues related to public housing and 
section 8. Such advisory board shall meet not less than 
quarterly. 
SEC. 211. No funds provided under this title may be 
used for an audit of the Government National Mortgage As-
sociation that makes applicable requirements under the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
1546 
SEC. 212. (a) Notwithstanding any other provision of 
law, subject to the conditions listed under this section, for 
fiscal years 2016 and 2017, the Secretary of Housing and 
Urban Development may authorize the transfer of some or 
all project-based assistance, debt held or insured by the Sec-
retary and statutorily required low-income and very low- 
income use restrictions if any, associated with one or more 
multifamily housing project or projects to another multi-
family housing project or projects. 
(b) PHASED TRANSFERS.—Transfers of project-based 
assistance under this section may be done in phases to ac-
commodate the financing and other requirements related to 
rehabilitating or constructing the project or projects to 
which the assistance is transferred, to ensure that such 
project or projects meet the standards under subsection (c). 
(c) The transfer authorized in subsection (a) is subject 
to the following conditions: 
(1) NUMBER AND BEDROOM SIZE OF UNITS.— 
(A) For occupied units in the transferring 
project: The number of low-income and very low- 
income units and the configuration (i.e., bed-
room size) provided by the transferring project 
shall be no less than when transferred to the re-
ceiving project or projects and the net dollar 
amount of Federal assistance provided to the
1547 
transferring project shall remain the same in the 
receiving project or projects. 
(B) For unoccupied units in the transfer-
ring project: The Secretary may authorize a re-
duction in the number of dwelling units in the 
receiving project or projects to allow for a recon-
figuration of bedroom sizes to meet current mar-
ket demands, as determined by the Secretary and 
provided there is no increase in the project-based 
assistance budget authority. 
(2) The transferring project shall, as determined 
by the Secretary, be either physically obsolete or eco-
nomically nonviable. 
(3) The receiving project or projects shall meet or 
exceed applicable physical standards established by 
the Secretary. 
(4) The owner or mortgagor of the transferring 
project shall notify and consult with the tenants re-
siding in the transferring project and provide a cer-
tification of approval by all appropriate local govern-
mental officials. 
(5) The tenants of the transferring project who 
remain eligible for assistance to be provided by the re-
ceiving project or projects shall not be required to va-
cate their units in the transferring project or projects
1548 
until new units in the receiving project are available 
for occupancy. 
(6) The Secretary determines that this transfer is 
in the best interest of the tenants. 
(7) If either the transferring project or the re-
ceiving project or projects meets the condition speci-
fied in subsection (d)(2)(A), any lien on the receiving 
project resulting from additional financing obtained 
by the owner shall be subordinate to any FHA-in-
sured mortgage lien transferred to, or placed on, such 
project by the Secretary, except that the Secretary 
may waive this requirement upon determination that 
such a waiver is necessary to facilitate the financing 
of acquisition, construction, and/or rehabilitation of 
the receiving project or projects. 
(8) If the transferring project meets the require-
ments of subsection (d)(2), the owner or mortgagor of 
the receiving project or projects shall execute and 
record either a continuation of the existing use agree-
ment or a new use agreement for the project where, 
in either case, any use restrictions in such agreement 
are of no lesser duration than the existing use restric-
tions. 
(9) The transfer does not increase the cost (as de-
fined in section 502 of the Congressional Budget Act
1549 
of 1974, as amended) of any FHA-insured mortgage, 
except to the extent that appropriations are provided 
in advance for the amount of any such increased cost. 
(d) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the statute 
and/or regulations governing the program under 
which the project is insured or assisted; 
(2) the term ‘‘multifamily housing project’’ 
means housing that meets one of the following condi-
tions— 
(A) housing that is subject to a mortgage 
insured under the National Housing Act; 
(B) housing that has project-based assist-
ance attached to the structure including projects 
undergoing mark to market debt restructuring 
under the Multifamily Assisted Housing Reform 
and Affordability Housing Act; 
(C) housing that is assisted under section 
202 of the Housing Act of 1959, as amended by 
section 801 of the Cranston-Gonzales National 
Affordable Housing Act; 
(D) housing that is assisted under section 
202 of the Housing Act of 1959, as such section
1550 
existed before the enactment of the Cranston- 
Gonzales National Affordable Housing Act; 
(E) housing that is assisted under section 
811 of the Cranston-Gonzales National Afford-
able Housing Act; or 
(F) housing or vacant land that is subject 
to a use agreement; 
(3) the term ‘‘project-based assistance’’ means— 
(A) assistance provided under section 8(b) 
of the United States Housing Act of 1937; 
(B) assistance for housing constructed or 
substantially rehabilitated pursuant to assistance 
provided under section 8(b)(2) of such Act (as 
such section existed immediately before October 
1, 1983); 
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Development 
Act of 1965; 
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments 
under section 236(f)(2) of the National Housing 
Act; 
(E) assistance payments made under sec-
tion 202(c)(2) of the Housing Act of 1959; and
1551 
(F) assistance payments made under section 
811(d)(2) of the Cranston-Gonzalez National Af-
fordable Housing Act; 
(4) the term ‘‘receiving project or projects’’ 
means the multifamily housing project or projects to 
which some or all of the project-based assistance, debt, 
and statutorily required low-income and very low-in-
come use restrictions are to be transferred; 
(5) the term ‘‘transferring project’’ means the 
multifamily housing project which is transferring 
some or all of the project-based assistance, debt, and 
the statutorily required low-income and very low-in-
come use restrictions to the receiving project or 
projects; and 
(6) the term ‘‘Secretary’’ means the Secretary of 
Housing and Urban Development. 
(e) PUBLIC NOTICE AND RESEARCH REPORT.— 
(1) The Secretary shall publish by notice in the 
Federal Register the terms and conditions, including 
criteria for HUD approval, of transfers pursuant to 
this section no later than 30 days before the effective 
date of such notice. 
(2) The Secretary shall conduct an evaluation of 
the transfer authority under this section, including 
the effect of such transfers on the operational effi-
1552 
ciency, contract rents, physical and financial condi-
tions, and long-term preservation of the affected prop-
erties. 
SEC. 213. (a) No assistance shall be provided under 
section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) to any individual who— 
(1) is enrolled as a student at an institution of 
higher education (as defined under section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 1002)); 
(2) is under 24 years of age; 
(3) is not a veteran; 
(4) is unmarried; 
(5) does not have a dependent child; 
(6) is not a person with disabilities, as such 
term is defined in section 3(b)(3)(E) of the United 
States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
1437a(b)(3)(E)) and was not receiving assistance 
under such section 8 as of November 30, 2005; and 
(7) is not otherwise individually eligible, or has 
parents who, individually or jointly, are not eligible, 
to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f). 
(b) For purposes of determining the eligibility of a per-
son to receive assistance under section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f), any financial as-
1553 
sistance (in excess of amounts received for tuition and any 
other required fees and charges) that an individual receives 
under the Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), from private sources, or an institution of higher 
education (as defined under the Higher Education Act of 
1965 (20 U.S.C. 1002)), shall be considered income to that 
individual, except for a person over the age of 23 with de-
pendent children. 
SEC. 214. The funds made available for Native Alas-
kans under the heading ‘‘Native American Housing Block 
Grants’’ in title II of this Act shall be allocated to the same 
Native Alaskan housing block grant recipients that received 
funds in fiscal year 2005. 
SEC. 215. Notwithstanding the limitation in the first 
sentence of section 255(g) of the National Housing Act (12 
U.S.C. 1715z–20(g)), the Secretary of Housing and Urban 
Development may, until September 30, 2016, insure and 
enter into commitments to insure mortgages under such sec-
tion 255. 
SEC. 216. Notwithstanding any other provision of law, 
in fiscal year 2016, in managing and disposing of any mul-
tifamily property that is owned or has a mortgage held by 
the Secretary of Housing and Urban Development, and dur-
ing the process of foreclosure on any property with a con-
tract for rental assistance payments under section 8 of the
1554 
United States Housing Act of 1937 or other Federal pro-
grams, the Secretary shall maintain any rental assistance 
payments under section 8 of the United States Housing Act 
of 1937 and other programs that are attached to any dwell-
ing units in the property. To the extent the Secretary deter-
mines, in consultation with the tenants and the local gov-
ernment, that such a multifamily property owned or held 
by the Secretary is not feasible for continued rental assist-
ance payments under such section 8 or other programs, 
based on consideration of (1) the costs of rehabilitating and 
operating the property and all available Federal, State, and 
local resources, including rent adjustments under section 
524 of the Multifamily Assisted Housing Reform and Af-
fordability Act of 1997 (‘‘MAHRAA’’) and (2) environ-
mental conditions that cannot be remedied in a cost-effec-
tive fashion, the Secretary may, in consultation with the 
tenants of that property, contract for project-based rental 
assistance payments with an owner or owners of other exist-
ing housing properties, or provide other rental assistance. 
The Secretary shall also take appropriate steps to ensure 
that project-based contracts remain in effect prior to fore-
closure, subject to the exercise of contractual abatement rem-
edies to assist relocation of tenants for imminent major 
threats to health and safety after written notice to and in-
formed consent of the affected tenants and use of other avail-
1555 
able remedies, such as partial abatements or receivership. 
After disposition of any multifamily property described 
under this section, the contract and allowable rent levels 
on such properties shall be subject to the requirements under 
section 524 of MAHRAA. 
SEC. 217. The commitment authority funded by fees 
as provided under the heading ‘‘Community Development 
Loan Guarantees Program Account’’ may be used to guar-
antee, or make commitments to guarantee, notes, or other 
obligations issued by any State on behalf of non-entitlement 
communities in the State in accordance with the require-
ments of section 108 of the Housing and Community Devel-
opment Act of 1974: Provided, That any State receiving 
such a guarantee or commitment shall distribute all funds 
subject to such guarantee to the units of general local gov-
ernment in non-entitlement areas that received the commit-
ment. 
SEC. 218. Public housing agencies that own and oper-
ate 400 or fewer public housing units may elect to be exempt 
from any asset management requirement imposed by the 
Secretary of Housing and Urban Development in connec-
tion with the operating fund rule: Provided, That an agency 
seeking a discontinuance of a reduction of subsidy under 
the operating fund formula shall not be exempt from asset 
management requirements.
1556 
SEC. 219. With respect to the use of amounts provided 
in this Act and in future Acts for the operation, capital 
improvement and management of public housing as author-
ized by sections 9(d) and 9(e) of the United States Housing 
Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary 
shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the 
use of capital funds for central office costs pursuant to sec-
tion 9(g)(1) or 9(g)(2) of the United States Housing Act 
of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a pub-
lic housing agency may not use capital funds authorized 
under section 9(d) for activities that are eligible under sec-
tion 9(e) for assistance with amounts from the operating 
fund in excess of the amounts permitted under section 
9(g)(1) or 9(g)(2). 
SEC. 220. No official or employee of the Department 
of Housing and Urban Development shall be designated as 
an allotment holder unless the Office of the Chief Financial 
Officer has determined that such allotment holder has im-
plemented an adequate system of funds control and has re-
ceived training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that there is a 
trained allotment holder for each HUD sub-office under the 
accounts ‘‘Executive Offices’’ and ‘‘Administrative Support 
Offices,’’ as well as each account receiving appropriations
1557 
for ‘‘Program Office Salaries and Expenses’’, ‘‘Government 
National Mortgage Association—Guarantees of Mortgage- 
Backed Securities Loan Guarantee Program Account’’, and 
‘‘Office of Inspector General’’ within the Department of 
Housing and Urban Development. 
SEC. 221. The Secretary of the Department of Housing 
and Urban Development shall, for fiscal year 2016, notify 
the public through the Federal Register and other means, 
as determined appropriate, of the issuance of a notice of 
the availability of assistance or notice of funding avail-
ability (NOFA) for any program or discretionary fund ad-
ministered by the Secretary that is to be competitively 
awarded. Notwithstanding any other provision of law, for 
fiscal year 2016, the Secretary may make the NOFA avail-
able only on the Internet at the appropriate Government 
web site or through other electronic media, as determined 
by the Secretary. 
SEC. 222. Payment of attorney fees in program-related 
litigation shall be paid from the individual program office 
and Office of General Counsel salaries and expenses appro-
priations. The annual budget submission for the program 
offices and the Office of General Counsel shall include any 
such projected litigation costs for attorney fees as a separate 
line item request. No funds provided in this title may be 
used to pay any such litigation costs for attorney fees until
1558 
the Department submits for review a spending plan for such 
costs to the House and Senate Committees on Appropria-
tions. 
SEC. 223. The Secretary is authorized to transfer up 
to 10 percent or $4,000,000, whichever is less, of funds ap-
propriated for any office under the heading ‘‘Administra-
tive Support Offices’’ or for any account under the general 
heading ‘‘Program Office Salaries and Expenses’’ to any 
other such office or account: Provided, That no appropria-
tion for any such office or account shall be increased or 
decreased by more than 10 percent or $4,000,000, whichever 
is less, without prior written approval of the House and 
Senate Committees on Appropriations: Provided further, 
That the Secretary shall provide notification to such Com-
mittees three business days in advance of any such transfers 
under this section up to 10 percent or $4,000,000, whichever 
is less. 
SEC. 224. The Disaster Housing Assistance Programs, 
administered by the Department of Housing and Urban De-
velopment, shall be considered a ‘‘program of the Depart-
ment of Housing and Urban Development’’ under section 
904 of the McKinney Act for the purpose of income 
verifications and matching. 
SEC. 225. (a) The Secretary of Housing and Urban 
Development shall take the required actions under sub-
1559 
section (b) when a multifamily housing project with a sec-
tion 8 contract or contract for similar project-based assist-
ance: 
(1) receives a Real Estate Assessment Center 
(REAC) score of 30 or less; or 
(2) receives a REAC score between 31 and 59 
and: 
(A) fails to certify in writing to HUD with-
in 60 days that all deficiencies have been cor-
rected; or 
(B) receives consecutive scores of less than 
60 on REAC inspections. 
Such requirements shall apply to insured and noninsured 
projects with assistance attached to the units under section 
8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f), but do not apply to such units assisted under section 
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units 
assisted with capital or operating funds under section 9 of 
the United States Housing Act of 1937 (42 U.S.C. 1437g). 
(b) The Secretary shall take the following required ac-
tions as authorized under subsection (a): 
(1) The Secretary shall notify the owner and 
provide an opportunity for response within 30 days. 
If the violations remain, the Secretary shall develop 
a Compliance, Disposition and Enforcement Plan
1560 
within 60 days, with a specified timetable for cor-
recting all deficiencies. The Secretary shall provide 
notice of the Plan to the owner, tenants, the local gov-
ernment, any mortgagees, and any contract adminis-
trator. 
(2) At the end of the term of the Compliance, 
Disposition and Enforcement Plan, if the owner fails 
to fully comply with such plan, the Secretary may re-
quire immediate replacement of project management 
with a management agent approved by the Secretary, 
and shall take one or more of the following actions, 
and provide additional notice of those actions to the 
owner and the parties specified above: 
(A) impose civil money penalties; 
(B) abate the section 8 contract, including 
partial abatement, as determined by the Sec-
retary, until all deficiencies have been corrected; 
(C) pursue transfer of the project to an 
owner, approved by the Secretary under estab-
lished procedures, which will be obligated to 
promptly make all required repairs and to ac-
cept renewal of the assistance contract as long as 
such renewal is offered; or 
(D) seek judicial appointment of a receiver 
to manage the property and cure all project defi-
1561 
ciencies or seek a judicial order of specific per-
formance requiring the owner to cure all project 
deficiencies. 
(c) The Secretary shall also take appropriate steps to 
ensure that project-based contracts remain in effect, subject 
to the exercise of contractual abatement remedies to assist 
relocation of tenants for imminent major threats to health 
and safety after written notice to and informed consent of 
the affected tenants and use of other remedies set forth 
above. To the extent the Secretary determines, in consulta-
tion with the tenants and the local government, that the 
property is not feasible for continued rental assistance pay-
ments under such section 8 or other programs, based on con-
sideration of (1) the costs of rehabilitating and operating 
the property and all available Federal, State, and local re-
sources, including rent adjustments under section 524 of the 
Multifamily Assisted Housing Reform and Affordability 
Act of 1997 (‘‘MAHRAA’’) and (2) environmental condi-
tions that cannot be remedied in a cost-effective fashion, the 
Secretary may, in consultation with the tenants of that 
property, contract for project-based rental assistance pay-
ments with an owner or owners of other existing housing 
properties, or provide other rental assistance. The Secretary 
shall report semi-annually on all properties covered by this 
section that are assessed through the Real Estate Assessment
1562 
Center and have physical inspection scores of less than 30 
or have consecutive physical inspection scores of less than 
60. The report shall include: 
(1) The enforcement actions being taken to ad-
dress such conditions, including imposition of civil 
money penalties and termination of subsidies, and 
identify properties that have such conditions multiple 
times; and 
(2) Actions that the Department of Housing and 
Urban Development is taking to protect tenants of 
such identified properties. 
SEC. 226. None of the funds made available by this 
Act, or any other Act, for purposes authorized under section 
8 (only with respect to the tenant-based rental assistance 
program) and section 9 of the United States Housing Act 
of 1937 (42 U.S.C. 1437 et seq.), may be used by any public 
housing agency for any amount of salary, including bo-
nuses, for the chief executive officer of which, or any other 
official or employee of which, that exceeds the annual rate 
of basic pay payable for a position at level IV of the Execu-
tive Schedule at any time during any public housing agen-
cy fiscal year 2016. 
SEC. 227. None of the funds in this Act may be avail-
able for the doctoral dissertation research grant program 
at the Department of Housing and Urban Development.
1563 
SEC. 228. Section 24 of the United States Housing Act 
of 1937 (42 U.S.C. 1437v) is amended— 
(1) in subsection (m)(1), by striking ‘‘fiscal 
year’’ and all that follows through the period at the 
end and inserting ‘‘fiscal year 2016.’’; and 
(2) in subsection (o), by striking ‘‘September’’ 
and all that follows through the period at the end and 
inserting ‘‘September 30, 2016.’’. 
SEC. 229. None of the funds in this Act provided to 
the Department of Housing and Urban Development may 
be used to make a grant award unless the Secretary notifies 
the House and Senate Committees on Appropriations not 
less than 3 full business days before any project, State, lo-
cality, housing authority, tribe, nonprofit organization, or 
other entity selected to receive a grant award is announced 
by the Department or its offices. 
SEC. 230. None of the funds made available by this 
Act may be used to require or enforce the Physical Needs 
Assessment (PNA). 
SEC. 231. None of the funds made available by this 
Act nor any receipts or amounts collected under any Fed-
eral Housing Administration program may be used to im-
plement the Homeowners Armed with Knowledge (HAWK) 
program.
1564 
SEC. 232. None of the funds made available in this 
Act shall be used by the Federal Housing Administration, 
the Government National Mortgage Administration, or the 
Department of Housing and Urban Development to insure, 
securitize, or establish a Federal guarantee of any mortgage 
or mortgage backed security that refinances or otherwise re-
places a mortgage that has been subject to eminent domain 
condemnation or seizure, by a State, municipality, or any 
other political subdivision of a State. 
SEC. 233. None of the funds made available by this 
Act may be used to terminate the status of a unit of general 
local government as a metropolitan city (as defined in sec-
tion 102 of the Housing and Community Development Act 
of 1974 (42 U.S.C. 5302)) with respect to grants under sec-
tion 106 of such Act (42 U.S.C. 5306). 
SEC. 234. Amounts made available under this Act 
which are either appropriated, allocated, advanced on a re-
imbursable basis, or transferred to the Office of Policy De-
velopment and Research in the Department of Housing and 
Urban Development and functions thereof, for research, 
evaluation, or statistical purposes, and which are unex-
pended at the time of completion of a contract, grant, or 
cooperative agreement, may be deobligated and shall imme-
diately become available and may be reobligated in that fis-
cal year or the subsequent fiscal year for the research, eval-
1565 
uation, or statistical purposes for which the amounts are 
made available to that Office subject to reprogramming re-
quirements in section 405 of this Act. 
SEC. 235. Subsection (b) of section 225 of the Cran-
ston-Gonzalez National Affordable Housing Act (42 U.S.C. 
12755) is amended by adding at the end the following new 
sentence: ‘‘Such 30-day waiting period is not required if 
the grounds for the termination or refusal to renew involve 
a direct threat to the safety of the tenants or employees of 
the housing, or an imminent and serious threat to the prop-
erty (and the termination or refusal to renew is in accord-
ance with the requirements of State or local law).’’. 
SEC. 236. None of the funds under this title may be 
used for awards, including performance, special act, or 
spot, for any employee of the Department of Housing and 
Urban Development who is subject to administrative dis-
cipline in fiscal year 2016, including suspension from work. 
SEC. 237. The language under the heading ‘‘Rental As-
sistance Demonstration’’ in the Department of Housing and 
Urban Development Appropriations Act, 2012 (Public Law 
112–55) is amended: 
(1) In proviso eighteen, by inserting ‘‘for fiscal 
year 2012 and hereafter,’’ after ‘‘Provided further, 
That’’; and
1566 
(2) In proviso nineteen, by striking ‘‘, which 
may extend beyond fiscal year 2016 as necessary to 
allow processing of all timely applications,’’. 
SEC. 238. Section 526 (12 U.S.C. 1735f–4) of the Na-
tional Housing Act is amended by inserting at the end of 
subsection (b): 
‘‘(c) The Secretary may establish an exception to any 
minimum property standard established under this section 
in order to address alternative water systems, including cis-
terns, which meet requirements of State and local building 
codes that ensure health and safety standards.’’. 
SEC. 239. The Secretary of Housing and Urban Devel-
opment shall increase, pursuant to this section, the number 
of Moving to Work agencies authorized under section 204, 
title II, of the Departments of Veterans Affairs and Housing 
and Urban Development and Independent Agencies Appro-
priations Act, 1996 (Public Law 104–134; 110 Stat. 1321) 
by adding to the program 100 public housing agencies that 
are designated as high performing agencies under the Public 
Housing Assessment System (PHAS) or the Section Eight 
Management Assessment Program (SEMAP). No public 
housing agency shall be granted this designation through 
this section that administers in excess of 27,000 aggregate 
housing vouchers and public housing units. Of the agencies 
selected under this section, no less than 50 shall administer
1567 
1,000 or fewer aggregate housing voucher and public hous-
ing units, no less than 47 shall administer 1,001-6,000 ag-
gregate housing voucher and public housing units, and no 
more than 3 shall administer 6,001–27,000 aggregate hous-
ing voucher and public housing units. Of the 100 agencies 
selected under this section, five shall be agencies with port-
folio awards under the Rental Assistance Demonstration 
that meet the other requirements of this section, including 
current designations as high performing agencies or such 
designations held immediately prior to such portfolio 
awards. Selection of agencies under this section shall be 
based on ensuring the geographic diversity of Moving to 
Work agencies. In addition to the preceding selection cri-
teria, agencies shall be designated by the Secretary over a 
7-year period. The Secretary shall establish a research advi-
sory committee which shall advise the Secretary with re-
spect to specific policy proposals and methods of research 
and evaluation for the demonstration. The advisory com-
mittee shall include program and research experts from the 
Department, a fair representation of agencies with a Mov-
ing to Work designation, and independent subject matter 
experts in housing policy research. For each cohort of agen-
cies receiving a designation under this heading, the Sec-
retary shall direct one specific policy change to be imple-
mented by the agencies, and with the approval of the Sec-
1568 
retary, such agencies may implement additional policy 
changes. All agencies designated under this section shall be 
evaluated through rigorous research as determined by the 
Secretary, and shall provide information requested by the 
Secretary to support such oversight and evaluation, includ-
ing the targeted policy changes. Research and evaluation 
shall be coordinated under the direction of the Secretary, 
and in consultation with the advisory committee, and find-
ings shall be shared broadly. The Secretary shall consult 
the advisory committee with respect to policy changes that 
have proven successful and can be applied more broadly to 
all public housing agencies, and propose any necessary stat-
utory changes. The Secretary may, at the request of a Mov-
ing to Work agency and one or more adjacent public hous-
ing agencies in the same area, designate that Moving to 
Work agency as a regional agency. A regional Moving to 
Work agency may administer the assistance under sections 
8 and 9 of the United States Housing Act of 1937 (42 
U.S.C. 1437f and g) for the participating agencies within 
its region pursuant to the terms of its Moving to Work 
agreement with the Secretary. The Secretary may agree to 
extend the term of the agreement and to make any necessary 
changes to accommodate regionalization. A Moving to Work 
agency may be selected as a regional agency if the Secretary 
determines that unified administration of assistance under
1569 
sections 8 and 9 by that agency across multiple jurisdic-
tions will lead to efficiencies and to greater housing choice 
for low-income persons in the region. For purposes of this 
expansion, in addition to the provisions of the Act retained 
in section 204, section 8(r)(1) of the Act shall continue to 
apply unless the Secretary determines that waiver of this 
section is necessary to implement comprehensive rent re-
form and occupancy policies subject to evaluation by the 
Secretary, and the waiver contains, at a minimum, excep-
tions for requests to port due to employment, education, 
health and safety. No public housing agency granted this 
designation through this section shall receive more funding 
under sections 8 or 9 of the United States Housing Act of 
1937 than it otherwise would have received absent this des-
ignation. The Secretary shall extend the current Moving to 
Work agreements of previously designated participating 
agencies until the end of each such agency’s fiscal year 2028 
under the same terms and conditions of such current agree-
ments, except for any changes to such terms or conditions 
otherwise mutually agreed upon by the Secretary and any 
such agency and such extension agreements shall prohibit 
any statutory offset of any reserve balances equal to 4 
months of operating expenses. Any such reserve balances 
that exceed such amount shall remain available to any such 
agency for all permissible purposes under such agreement
1570 
unless subject to a statutory offset. In addition to other re-
porting requirements, all Moving to Work agencies shall re-
port financial data to the Department of Housing and 
Urban Development as specified by the Secretary, so that 
the effect of Moving to Work policy changes can be meas-
ured. 
SEC. 240. (a) AUTHORITY.—Subject to the conditions 
in subsection (d), the Secretary of Housing and Urban De-
velopment may authorize, in response to requests received 
in fiscal years 2016 through 2020, the transfer of some or 
all project-based assistance, tenant-based assistance, capital 
advances, debt, and statutorily required use restrictions 
from housing assisted under section 811 of the Cranston- 
Gonzalez National Affordable Housing Act (42 U.S.C. 8013) 
to other new or existing housing, which may include 
projects, units, and other types of housing, as permitted by 
the Secretary. 
(b) CAPITAL ADVANCES.—Interest shall not be due and 
repayment of a capital advance shall not be triggered by 
a transfer pursuant to this section. 
(c) PHASED AND PROPORTIONAL TRANSFERS.— 
(1) Transfers under this section may be done in 
phases to accommodate the financing and other re-
quirements related to rehabilitating or constructing 
the housing to which the assistance is transferred, to
1571 
ensure that such housing meets the conditions under 
subsection (d). 
(2) The capital advance repayment require-
ments, use restrictions, rental assistance, and debt 
shall transfer proportionally from the transferring 
housing to the receiving housing. 
(d) CONDITIONS.—The transfers authorized by this sec-
tion shall be subject to the following conditions: 
(1) the owner of the transferring housing shall 
demonstrate that the transfer is in compliance with 
applicable Federal, State, and local requirements re-
garding Housing for Persons with Disabilities and 
shall provide the Secretary with evidence of obtaining 
any approvals related to housing disabled persons 
that are necessary under Federal, State, and local 
government requirements; 
(2) the owner of the transferring housing shall 
demonstrate to the Secretary that any transfer is in 
the best interest of the disabled residents by offering 
opportunities for increased integration or less con-
centration of individuals with disabilities; 
(3) the owner of the transferring housing shall 
continue to provide the same number of units as ap-
proved for rental assistance by the Secretary in the 
receiving housing;
1572 
(4) the owner of the transferring housing shall 
consult with the disabled residents in the transferring 
housing about any proposed transfer under this sec-
tion and shall notify the residents of the transferring 
housing who are eligible for assistance to be provided 
in the receiving housing that they shall not be re-
quired to vacate the transferring housing until the re-
ceiving housing is available for occupancy; 
(5) the receiving housing shall meet or exceed ap-
plicable physical standards established or adopted by 
the Secretary; and 
(6) if the receiving housing has a mortgage in-
sured under title II of the National Housing Act, any 
lien on the receiving housing resulting from addi-
tional financing shall be subordinate to any federally 
insured mortgage lien transferred to, or placed on, 
such housing, except that the Secretary may waive 
this requirement upon determination that such a 
waiver is necessary to facilitate the financing of ac-
quisition, construction, or rehabilitation of the receiv-
ing housing. 
(e) PUBLIC NOTICE.—The Secretary shall publish a 
notice in the Federal Register of the terms and conditions, 
including criteria for the Department’s approval of trans-
1573 
fers pursuant to this section no later than 30 days before 
the effective date of such notice. 
SEC. 241. (a) Of the unobligated balances, including 
recaptures and carryover, remaining from funds appro-
priated to the Department of Housing and Urban Develop-
ment under the heading ‘‘General and Special Risk Pro-
gram Account’’, and for the cost of guaranteed notes and 
other obligations under the heading ‘‘Native American 
Housing Block Grants’’, $12,000,000 is hereby permanently 
rescinded. 
(b) All unobligated balances, including recaptures and 
carryover, remaining from funds appropriated to the De-
partment of Housing and Urban Development under the 
headings ‘‘Rural Housing and Economic Development’’, 
and ‘‘Homeownership and Opportunity for People Every-
where Grants’’ are hereby permanently rescinded. 
SEC. 242. Funds made available in this title under 
the heading ‘‘Homeless Assistance Grants’’ may be used by 
the Secretary to participate in Performance Partnership 
Pilots authorized in an appropriations Act for fiscal year 
2016 as initially authorized under section 526 of division 
H of Public Law 113–76 and extended under section 524 
of division G of Public Law 113–235: Provided, That such 
participation shall be limited to no more than 10 contin-
1574 
uums of care and housing activities to improve outcomes 
for disconnected youth. 
SEC. 243. With respect to grant amounts awarded 
under the heading ‘‘Homeless Assistance Grants’’ for fiscal 
years 2015 and 2016 for the Continuum of Care (CoC) pro-
gram as authorized under subtitle C of title IV of the 
McKinney-Vento Homeless Assistance Act, costs paid by 
program income of grant recipients may count toward 
meeting the recipient’s matching requirements, provided the 
costs are eligible CoC costs that supplement the recipients 
CoC program. 
SEC. 244. With respect to funds appropriated under 
the ‘‘Community Development Fund’’ heading for formula 
allocation to states pursuant to 42 U.S.C. 5306(d), the Sec-
retary shall permit a jurisdiction to demonstrate compli-
ance with 42 U.S.C. 5305(c)(2)(A) if it had been designated 
as majority low- and moderate-income pursuant to data 
from the 2000 decennial Census and it continues to have 
economic distress as evidenced by inclusion in a designated 
Rural Promise Zone or Distressed County as defined by the 
Appalachian Regional Commission. This section shall 
apply to any such state funds appropriated under such 
heading under this Act, in each fiscal year from 2017 
through 2020, and under prior appropriation Acts (with
1575 
respect to any such allocated but uncommitted funds avail-
able to any such state). 
This title may be cited as the ‘‘Department of Housing 
and Urban Development Appropriations Act, 2016’’. 
TITLE III 
RELATED AGENCIES 
ACCESS BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Access Board, as author-
ized by section 502 of the Rehabilitation Act of 1973, as 
amended, $8,023,000: Provided, That, notwithstanding any 
other provision of law, there may be credited to this appro-
priation funds received for publications and training ex-
penses. 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime Com-
mission as authorized by section 201(d) of the Merchant 
Marine Act, 1936, as amended (46 U.S.C. 307), including 
services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b); and uni-
forms or allowances therefor, as authorized by 5 U.S.C. 
5901–5902, $25,660,000: Provided, That not to exceed 
$2,000 shall be available for official reception and represen-
tation expenses.
1576 
NATIONAL RAILROAD PASSENGER CORPORATION 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector Gen-
eral for the National Railroad Passenger Corporation to 
carry out the provisions of the Inspector General Act of 
1978, as amended, $24,499,000: Provided, That the Inspec-
tor General shall have all necessary authority, in carrying 
out the duties specified in the Inspector General Act, as 
amended (5 U.S.C. App. 3), to investigate allegations of 
fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to 
regulation by the National Railroad Passenger Corpora-
tion: Provided further, That the Inspector General may 
enter into contracts and other arrangements for audits, 
studies, analyses, and other services with public agencies 
and with private persons, subject to the applicable laws and 
regulations that govern the obtaining of such services within 
the National Railroad Passenger Corporation: Provided 
further, That the Inspector General may select, appoint, 
and employ such officers and employees as may be nec-
essary for carrying out the functions, powers, and duties 
of the Office of Inspector General, subject to the applicable 
laws and regulations that govern such selections, appoint-
ments, and employment within the Corporation: Provided
1577 
further, That concurrent with the President’s budget request 
for fiscal year 2017, the Inspector General shall submit to 
the House and Senate Committees on Appropriations a 
budget request for fiscal year 2017 in similar format and 
substance to those submitted by executive agencies of the 
Federal Government. 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the National Transportation 
Safety Board, including hire of passenger motor vehicles 
and aircraft; services as authorized by 5 U.S.C. 3109, but 
at rates for individuals not to exceed the per diem rate 
equivalent to the rate for a GS–15; uniforms, or allowances 
therefor, as authorized by law (5 U.S.C. 5901–5902), 
$105,170,000, of which not to exceed $2,000 may be used 
for official reception and representation expenses. The 
amounts made available to the National Transportation 
Safety Board in this Act include amounts necessary to 
make lease payments on an obligation incurred in fiscal 
year 2001 for a capital lease. 
NEIGHBORHOOD REINVESTMENT CORPORATION 
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT 
CORPORATION 
For payment to the Neighborhood Reinvestment Cor-
poration for use in neighborhood reinvestment activities, as
1578 
authorized by the Neighborhood Reinvestment Corporation 
Act (42 U.S.C. 8101–8107), $135,000,000, of which 
$5,000,000 shall be for a multi-family rental housing pro-
gram: Provided, That in addition, $40,000,000 shall be 
made available until expended to the Neighborhood Rein-
vestment Corporation for mortgage foreclosure mitigation 
activities, under the following terms and conditions: 
(1) The Neighborhood Reinvestment Corporation 
(NRC) shall make grants to counseling intermediaries 
approved by the Department of Housing and Urban 
Development (HUD) (with match to be determined by 
NRC based on affordability and the economic condi-
tions of an area; a match also may be waived by 
NRC based on the aforementioned conditions) to pro-
vide mortgage foreclosure mitigation assistance pri-
marily to States and areas with high rates of defaults 
and foreclosures to help eliminate the default and 
foreclosure of mortgages of owner-occupied single-fam-
ily homes that are at risk of such foreclosure. Other 
than areas with high rates of defaults and fore-
closures, grants may also be provided to approved 
counseling intermediaries based on a geographic anal-
ysis of the Nation by NRC which determines where 
there is a prevalence of mortgages that are risky and 
likely to fail, including any trends for mortgages that
1579 
are likely to default and face foreclosure. A State 
Housing Finance Agency may also be eligible where 
the State Housing Finance Agency meets all the re-
quirements under this paragraph. A HUD-approved 
counseling intermediary shall meet certain mortgage 
foreclosure mitigation assistance counseling require-
ments, as determined by NRC, and shall be approved 
by HUD or NRC as meeting these requirements. 
(2) Mortgage foreclosure mitigation assistance 
shall only be made available to homeowners of owner- 
occupied homes with mortgages in default or in dan-
ger of default. These mortgages shall likely be subject 
to a foreclosure action and homeowners will be pro-
vided such assistance that shall consist of activities 
that are likely to prevent foreclosures and result in 
the long-term affordability of the mortgage retained 
pursuant to such activity or another positive outcome 
for the homeowner. No funds made available under 
this paragraph may be provided directly to lenders or 
homeowners to discharge outstanding mortgage bal-
ances or for any other direct debt reduction payments. 
(3) The use of mortgage foreclosure mitigation 
assistance by approved counseling intermediaries and 
State Housing Finance Agencies shall involve a rea-
sonable analysis of the borrower’s financial situation,
1580 
an evaluation of the current value of the property 
that is subject to the mortgage, counseling regarding 
the assumption of the mortgage by another non-Fed-
eral party, counseling regarding the possible purchase 
of the mortgage by a non-Federal third party, coun-
seling and advice of all likely restructuring and refi-
nancing strategies or the approval of a work-out 
strategy by all interested parties. 
(4) NRC may provide up to 15 percent of the 
total funds under this paragraph to its own charter 
members with expertise in foreclosure prevention 
counseling, subject to a certification by NRC that the 
procedures for selection do not consist of any proce-
dures or activities that could be construed as a con-
flict of interest or have the appearance of impro-
priety. 
(5) HUD-approved counseling entities and State 
Housing Finance Agencies receiving funds under this 
paragraph shall have demonstrated experience in suc-
cessfully working with financial institutions as well 
as borrowers facing default, delinquency and fore-
closure as well as documented counseling capacity, 
outreach capacity, past successful performance and 
positive outcomes with documented counseling plans 
(including post mortgage foreclosure mitigation coun-
1581 
seling), loan workout agreements and loan modifica-
tion agreements. NRC may use other criteria to dem-
onstrate capacity in underserved areas. 
(6) Of the total amount made available under 
this paragraph, up to $2,000,000 may be made avail-
able to build the mortgage foreclosure and default 
mitigation counseling capacity of counseling inter-
mediaries through NRC training courses with HUD- 
approved counseling intermediaries and their part-
ners, except that private financial institutions that 
participate in NRC training shall pay market rates 
for such training. 
(7) Of the total amount made available under 
this paragraph, up to 5 percent may be used for asso-
ciated administrative expenses for NRC to carry out 
activities provided under this section. 
(8) Mortgage foreclosure mitigation assistance 
grants may include a budget for outreach and adver-
tising, and training, as determined by NRC. 
(9) NRC shall continue to report bi-annually to 
the House and Senate Committees on Appropriations 
as well as the Senate Banking Committee and House 
Financial Services Committee on its efforts to miti-
gate mortgage default.
1582 
UNITED STATES INTERAGENCY COUNCIL ON 
HOMELESSNESS 
OPERATING EXPENSES 
For necessary expenses (including payment of salaries, 
authorized travel, hire of passenger motor vehicles, the rent-
al of conference rooms, and the employment of experts and 
consultants under section 3109 of title 5, United States 
Code) of the United States Interagency Council on Home-
lessness in carrying out the functions pursuant to title II 
of the McKinney-Vento Homeless Assistance Act, as amend-
ed, $3,530,000. 
TITLE IV 
GENERAL PROVISIONS—THIS ACT 
SEC. 401. None of the funds in this Act shall be used 
for the planning or execution of any program to pay the 
expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings fund-
ed in this Act. 
SEC. 402. None of the funds appropriated in this Act 
shall remain available for obligation beyond the current fis-
cal year, nor may any be transferred to other appropria-
tions, unless expressly so provided herein. 
SEC. 403. The expenditure of any appropriation under 
this Act for any consulting service through a procurement 
contract pursuant to section 3109 of title 5, United States
1583 
Code, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public 
inspection, except where otherwise provided under existing 
law, or under existing Executive order issued pursuant to 
existing law. 
SEC. 404. (a) None of the funds made available in this 
Act may be obligated or expended for any employee training 
that— 
(1) does not meet identified needs for knowledge, 
skills, and abilities bearing directly upon the perform-
ance of official duties; 
(2) contains elements likely to induce high levels 
of emotional response or psychological stress in some 
participants; 
(3) does not require prior employee notification 
of the content and methods to be used in the training 
and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasi-religious belief systems or 
‘‘new age’’ belief systems as defined in Equal Employ-
ment Opportunity Commission Notice N–915.022, 
dated September 2, 1988; or 
(5) is offensive to, or designed to change, partici-
pants’ personal values or lifestyle outside the work-
place.
1584 
(b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training 
bearing directly upon the performance of official duties. 
SEC. 405. Except as otherwise provided in this Act, 
none of the funds provided in this Act, provided by previous 
appropriations Acts to the agencies or entities funded in 
this Act that remain available for obligation or expenditure 
in fiscal year 2016, or provided from any accounts in the 
Treasury derived by the collection of fees and available to 
the agencies funded by this Act, shall be available for obliga-
tion or expenditure through a reprogramming of funds 
that— 
(1) creates a new program; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by the Congress; 
(4) proposes to use funds directed for a specific 
activity by either the House or Senate Committees on 
Appropriations for a different purpose; 
(5) augments existing programs, projects, or ac-
tivities in excess of $5,000,000 or 10 percent, which-
ever is less; 
(6) reduces existing programs, projects, or activi-
ties by $5,000,000 or 10 percent, whichever is less; or
1585 
(7) creates, reorganizes, or restructures a branch, 
division, office, bureau, board, commission, agency, 
administration, or department different from the 
budget justifications submitted to the Committees on 
Appropriations or the table accompanying the explan-
atory statement accompanying this Act, whichever is 
more detailed, unless prior approval is received from 
the House and Senate Committees on Appropriations: 
Provided, That not later than 60 days after the date 
of enactment of this Act, each agency funded by this 
Act shall submit a report to the Committees on Ap-
propriations of the Senate and of the House of Rep-
resentatives to establish the baseline for application of 
reprogramming and transfer authorities for the cur-
rent fiscal year: Provided further, That the report 
shall include— 
(A) a table for each appropriation with a 
separate column to display the prior year en-
acted level, the President’s budget request, adjust-
ments made by Congress, adjustments due to en-
acted rescissions, if appropriate, and the fiscal 
year enacted level; 
(B) a delineation in the table for each ap-
propriation and its respective prior year enacted 
level by object class and program, project, and
1586 
activity as detailed in the budget appendix for 
the respective appropriation; and 
(C) an identification of items of special con-
gressional interest. 
SEC. 406. Except as otherwise specifically provided by 
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 2016 from ap-
propriations made available for salaries and expenses for 
fiscal year 2016 in this Act, shall remain available through 
September 30, 2017, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to 
the House and Senate Committees on Appropriations for 
approval prior to the expenditure of such funds: Provided 
further, That these requests shall be made in compliance 
with reprogramming guidelines under section 405 of this 
Act. 
SEC. 407. No funds in this Act may be used to support 
any Federal, State, or local projects that seek to use the 
power of eminent domain, unless eminent domain is em-
ployed only for a public use: Provided, That for purposes 
of this section, public use shall not be construed to include 
economic development that primarily benefits private enti-
ties: Provided further, That any use of funds for mass tran-
sit, railroad, airport, seaport or highway projects, as well 
as utility projects which benefit or serve the general public
1587 
(including energy-related, communication-related, water-re-
lated and wastewater-related infrastructure), other struc-
tures designated for use by the general public or which have 
other common-carrier or public-utility functions that serve 
the general public and are subject to regulation and over-
sight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownfields 
as defined in the Small Business Liability Relief and 
Brownfields Revitalization Act (Public Law 107–118) shall 
be considered a public use for purposes of eminent domain. 
SEC. 408. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except pur-
suant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriations Act. 
SEC. 409. No part of any appropriation contained in 
this Act shall be available to pay the salary for any person 
filling a position, other than a temporary position, formerly 
held by an employee who has left to enter the Armed Forces 
of the United States and has satisfactorily completed his 
or her period of active military or naval service, and has 
within 90 days after his or her release from such service 
or from hospitalization continuing after discharge for a pe-
riod of not more than 1 year, made application for restora-
tion to his or her former position and has been certified
1588 
by the Office of Personnel Management as still qualified to 
perform the duties of his or her former position and has 
not been restored thereto. 
SEC. 410. No funds appropriated pursuant to this Act 
may be expended by an entity unless the entity agrees that 
in expending the assistance the entity will comply with sec-
tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 
10a–10c, popularly known as the ‘‘Buy American Act’’). 
SEC. 411. No funds appropriated or otherwise made 
available under this Act shall be made available to any per-
son or entity that has been convicted of violating the Buy 
American Act (41 U.S.C. 10a–10c). 
SEC. 412. None of the funds made available in this 
Act may be used for first-class airline accommodations in 
contravention of sections 301–10.122 and 301–10.123 of 
title 41, Code of Federal Regulations. 
SEC. 413. (a) None of the funds made available by this 
Act may be used to approve a new foreign air carrier per-
mit under sections 41301 through 41305 of title 49, United 
States Code, or exemption application under section 40109 
of that title of an air carrier already holding an air opera-
tors certificate issued by a country that is party to the U.S.- 
E.U.-Iceland-Norway Air Transport Agreement where such 
approval would contravene United States law or Article 17
1589 
bis of the U.S.-E.U.-Iceland-Norway Air Transport Agree-
ment. 
(b) Nothing in this section shall prohibit, restrict or 
otherwise preclude the Secretary of Transportation from 
granting a foreign air carrier permit or an exemption to 
such an air carrier where such authorization is consistent 
with the U.S.-E.U.-Iceland-Norway Air Transport Agree-
ment and United States law. 
SEC. 414. None of the funds made available in this 
Act may be used to send or otherwise pay for the attendance 
of more than 50 employees of a single agency or department 
of the United States Government, who are stationed in the 
United States, at any single international conference unless 
the relevant Secretary reports to the House and Senate 
Committees on Appropriations at least 5 days in advance 
that such attendance is important to the national interest: 
Provided, That for purposes of this section the term ‘‘inter-
national conference’’ shall mean a conference occurring out-
side of the United States attended by representatives of the 
United States Government and of foreign governments, 
international organizations, or nongovernmental organiza-
tions. 
SEC. 415. None of the funds made available by this 
Act may be used by the Federal Transit Administration to 
implement, administer, or enforce section 18.36(c)(2) of
1590 
title 49, Code of Federal Regulations, for construction hir-
ing purposes. 
SEC. 416. None of the funds made available by this 
Act may be used in contravention of the 5th or 14th Amend-
ment to the Constitution or title VI of the Civil Rights Act 
of 1964. 
SEC. 417. None of the funds made available by this 
Act may be used by the Department of Transportation, the 
Department of Housing and Urban Development, or any 
other Federal agency to lease or purchase new light duty 
vehicles for any executive fleet, or for an agency’s fleet in-
ventory, except in accordance with Presidential Memo-
randum—Federal Fleet Performance, dated May 24, 2011. 
SEC. 418. None of the funds made available by this 
Act may be used in contravention of subpart E of part 5 
of the regulations of the Secretary of Housing and Urban 
Development (24 CFR part 5, subpart E, relating to restric-
tions on assistance to noncitizens). 
SEC. 419. None of the funds made available by this 
Act may be used to provide financial assistance in con-
travention of section 214(d) of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a(d)). 
SEC. 420. For an additional amount for ‘‘Community 
Planning and Development, Community Development 
Fund’’, $300,000,000, to remain available until expended,
1591 
for necessary expenses for activities authorized under title 
I of the Housing and Community Development Act of 1974 
(42 U.S.C. 5301 et seq.) related to disaster relief, long-term 
recovery, restoration of infrastructure and housing, and eco-
nomic revitalization in the most impacted and distressed 
areas resulting from a major disaster declared in 2015 pur-
suant to the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.) related to the 
consequences of Hurricane Joaquin and adjacent storm sys-
tems, Hurricane Patricia, and other flood events: Provided, 
That funds shall be awarded directly to the State or unit 
of general local government at the discretion of the Sec-
retary: Provided further, That prior to the obligation of 
funds a grantee shall submit a plan to the Secretary for 
approval detailing the proposed use of all funds, including 
criteria for eligibility and how the use of these funds will 
address long-term recovery and restoration of infrastructure 
and housing and economic revitalization in the most im-
pacted and distressed areas: Provided further, That such 
funds may not be used for activities reimbursable by, or 
for which funds are made available by, the Federal Emer-
gency Management Agency or the Army Corps of Engineers: 
Provided further, That funds allocated under this heading 
shall not be considered relevant to the non-disaster formula 
allocations made pursuant to section 106 of the Housing
1592 
and Community Development Act of 1974 (42 U.S.C. 
5306): Provided further, That a State or subdivision thereof 
may use up to five percent of its allocation for administra-
tive costs: Provided further, That in administering the 
funds under this heading, the Secretary of Housing and 
Urban Development may waive, or specify alternative re-
quirements for, any provision of any statute or regulation 
that the Secretary administers in connection with the obli-
gation by the Secretary or the use by the recipient of these 
funds (except for requirements related to fair housing, non-
discrimination, labor standards, and the environment), if 
the Secretary finds that good cause exists for the waiver 
or alternative requirement and such waiver or alternative 
requirement would not be inconsistent with the overall pur-
pose of title I of the Housing and Community Development 
Act of 1974: Provided further, That, notwithstanding the 
preceding proviso, recipients of funds provided under this 
heading that use such funds to supplement Federal assist-
ance provided under section 402, 403, 404, 406, 407, or 502 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without 
review or public comment, any environmental review, ap-
proval, or permit performed by a Federal agency, and such 
adoption shall satisfy the responsibilities of the recipient 
with respect to such environmental review, approval or per-
1593 
mit: Provided further, That, notwithstanding section 
104(g)(2) of the Housing and Community Development Act 
of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon 
receipt of a request for release of funds and certification, 
immediately approve the release of funds for an activity 
or project assisted under this heading if the recipient has 
adopted an environmental review, approval or permit 
under the preceding proviso or the activity or project is cat-
egorically excluded from review under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Pro-
vided further, That the Secretary shall publish via notice 
in the Federal Register any waiver, or alternative require-
ment, to any statute or regulation that the Secretary ad-
ministers pursuant to title I of the Housing and Commu-
nity Development Act of 1974 no later than five days before 
the effective date of such waiver or alternative requirement: 
Provided further, That of the amounts made available 
under this section, up to $1,000,000 may be transferred to 
‘‘Program Office Salaries and Expenses, Community Plan-
ning and Development’’ for necessary costs, including infor-
mation technology costs, of administering and overseeing 
funds made available under this heading: Provided further, 
That amounts provided under this section shall be des-
ignated by Congress as being for disaster relief pursuant
1594 
to section 251(b)(2)(D) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
SEC. 421. Effective as of December 4, 2015, and as 
if included therein as enacted, section 1408 of the Fixing 
America’s Surface Transportation Act (Public Law 114– 
94) is amended by adding at the end the following: 
‘‘(c) APPLICABILITY.—The amendment made by sub-
section (b) shall apply to projects to repair or reconstruct 
facilities damaged as a result of a natural disaster or cata-
strophic failure described in section 125(a) of title 23, 
United States Code, occurring on or after October 1, 2015.’’. 
This division may be cited as the ‘‘Transportation, 
Housing and Urban Development, and Related Agencies 
Appropriations Act, 2016’’. 
DIVISION M—INTELLIGENCE AU-
THORIZATION ACT FOR FIS-
CAL YEAR 2016 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Intelligence Authorization Act for Fiscal Year 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL 
YEAR 2016 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Explanatory statement.
1595 
TITLE I—INTELLIGENCE ACTIVITIES 
Sec. 101. Authorization of appropriations. 
Sec. 102. Classified schedule of authorizations. 
Sec. 103. Personnel ceiling adjustments. 
Sec. 104. Intelligence Community Management Account. 
Sec. 105. Clarification regarding authority for flexible personnel management 
among elements of intelligence community. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Restriction on conduct of intelligence activities. 
Sec. 303. Provision of information and assistance to Inspector General of the In-
telligence Community. 
Sec. 304. Inclusion of Inspector General of Intelligence Community in Council of 
Inspectors General on Integrity and Efficiency. 
Sec. 305. Clarification of authority of Privacy and Civil Liberties Oversight 
Board. 
Sec. 306. Enhancing government personnel security programs. 
Sec. 307. Notification of changes to retention of call detail record policies. 
Sec. 308. Personnel information notification policy by the Director of National 
Intelligence. 
Sec. 309. Designation of lead intelligence officer for tunnels. 
Sec. 310. Reporting process required for tracking certain requests for country 
clearance. 
Sec. 311. Study on reduction of analytic duplication. 
Sec. 312. Strategy for comprehensive interagency review of the United States na-
tional security overhead satellite architecture. 
Sec. 313. Cyber attack standards of measurement study. 
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 
INTELLIGENCE COMMUNITY 
Subtitle A—Office of the Director of National Intelligence 
Sec. 401. Appointment and confirmation of the National Counterintelligence Ex-
ecutive. 
Sec. 402. Technical amendments relating to pay under title 5, United States 
Code. 
Sec. 403. Analytic objectivity review. 
Subtitle B—Central Intelligence Agency and Other Elements 
Sec. 411. Authorities of the Inspector General for the Central Intelligence Agency. 
Sec. 412. Prior congressional notification of transfers of funds for certain intel-
ligence activities.
1596 
TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES 
Subtitle A—Matters Relating to Russia 
Sec. 501. Notice of deployment or transfer of Club–K container missile system by 
the Russian Federation. 
Sec. 502. Assessment on funding of political parties and nongovernmental organi-
zations by the Russian Federation. 
Sec. 503. Assessment on the use of political assassinations as a form of statecraft 
by the Russian Federation. 
Subtitle B—Matters Relating to Other Countries 
Sec. 511. Report on resources and collection posture with regard to the South 
China Sea and East China Sea. 
Sec. 512. Use of locally employed staff serving at a United States diplomatic fa-
cility in Cuba. 
Sec. 513. Inclusion of sensitive compartmented information facilities in United 
States diplomatic facilities in Cuba. 
Sec. 514. Report on use by Iran of funds made available through sanctions relief. 
TITLE VI—MATTERS RELATING TO UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA 
Sec. 601. Prohibition on use of funds for transfer or release of individuals de-
tained at United States Naval Station, Guantanamo Bay, Cuba, 
to the United States. 
Sec. 602. Prohibition on use of funds to construct or modify facilities in the 
United States to house detainees transferred from United States 
Naval Station, Guantanamo Bay, Cuba. 
Sec. 603. Prohibition on use of funds for transfer or release to certain countries 
of individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba. 
TITLE VII—REPORTS AND OTHER MATTERS 
Subtitle A—Reports 
Sec. 701. Repeal of certain reporting requirements. 
Sec. 702. Reports on foreign fighters. 
Sec. 703. Report on strategy, efforts, and resources to detect, deter, and degrade 
Islamic State revenue mechanisms. 
Sec. 704. Report on United States counterterrorism strategy to disrupt, dis-
mantle, and defeat the Islamic State, al-Qa’ida, and their affili-
ated groups, associated groups, and adherents. 
Sec. 705. Report on effects of data breach of Office of Personnel Management. 
Sec. 706. Report on hiring of graduates of Cyber Corps Scholarship Program by 
intelligence community. 
Sec. 707. Report on use of certain business concerns. 
Subtitle B—Other Matters 
Sec. 711. Use of homeland security grant funds in conjunction with Department 
of Energy national laboratories. 
Sec. 712. Inclusion of certain minority-serving institutions in grant program to 
enhance recruiting of intelligence community workforce.
1597 
SEC. 2. DEFINITIONS. 
In this division: 
(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence commit-
tees’’ means— 
(A) the Select Committee on Intelligence of 
the Senate; and 
(B) the Permanent Select Committee on In-
telligence of the House of Representatives. 
(2) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given that 
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 3003(4)). 
SEC. 3. EXPLANATORY STATEMENT. 
The explanatory statement regarding this division, 
printed in the House section of the Congressional Record 
on or about December 15, 2015, by the Chairman of the 
Permanent Select Committee on Intelligence of the House 
of Representatives, shall have the same effect with respect 
to the implementation of this division as if it were a joint 
explanatory statement of a committee of conference. 
TITLE I—INTELLIGENCE 
ACTIVITIES 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2016 for the conduct of the intelligence and intel-
1598 
ligence-related activities of the following elements of the 
United States Government: 
(1) The Office of the Director of National Intel-
ligence. 
(2) The Central Intelligence Agency. 
(3) The Department of Defense. 
(4) The Defense Intelligence Agency. 
(5) The National Security Agency. 
(6) The Department of the Army, the Depart-
ment of the Navy, and the Department of the Air 
Force. 
(7) The Coast Guard. 
(8) The Department of State. 
(9) The Department of the Treasury. 
(10) The Department of Energy. 
(11) The Department of Justice. 
(12) The Federal Bureau of Investigation. 
(13) The Drug Enforcement Administration. 
(14) The National Reconnaissance Office. 
(15) The National Geospatial-Intelligence Agen-
cy. 
(16) The Department of Homeland Security. 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL 
LEVELS.—The amounts authorized to be appropriated
1599 
under section 101 and, subject to section 103, the authorized 
personnel ceilings as of September 30, 2016, for the conduct 
of the intelligence activities of the elements listed in para-
graphs (1) through (16) of section 101, are those specified 
in the classified Schedule of Authorizations prepared to ac-
company this division of this Act. 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.— 
(1) AVAILABILITY.—The classified Schedule of 
Authorizations referred to in subsection (a) shall be 
made available to the Committee on Appropriations 
of the Senate, the Committee on Appropriations of the 
House of Representatives, and to the President. 
(2) DISTRIBUTION BY THE PRESIDENT.—Subject 
to paragraph (3), the President shall provide for suit-
able distribution of the classified Schedule of Author-
izations, or of appropriate portions of the Schedule, 
within the executive branch. 
(3) LIMITS
ON
DISCLOSURE.—The President 
shall not publicly disclose the classified Schedule of 
Authorizations or any portion of such Schedule ex-
cept— 
(A) as provided in section 601(a) of the Im-
plementing Recommendations of the 9/11 Com-
mission Act of 2007 (50 U.S.C. 3306(a));
1600 
(B) to the extent necessary to implement the 
budget; or 
(C) as otherwise required by law. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR INCREASES.—The Director of Na-
tional Intelligence may authorize employment of civilian 
personnel in excess of the number authorized for fiscal year 
2016 by the classified Schedule of Authorizations referred 
to in section 102(a) if the Director of National Intelligence 
determines that such action is necessary to the performance 
of important intelligence functions, except that the number 
of personnel employed in excess of the number authorized 
under such section may not, for any element of the intel-
ligence community, exceed 3 percent of the number of civil-
ian personnel authorized under such schedule for such ele-
ment. 
(b) TREATMENT OF CERTAIN PERSONNEL.—The Di-
rector of National Intelligence shall establish guidelines that 
govern, for each element of the intelligence community, the 
treatment under the personnel levels authorized under sec-
tion 102(a), including any exemption from such personnel 
levels, of employment or assignment in— 
(1) a student program, trainee program, or simi-
lar program;
1601 
(2) a reserve corps or as a reemployed annu-
itant; or 
(3) details, joint duty, or long-term, full-time 
training. 
(c) NOTICE TO CONGRESSIONAL INTELLIGENCE COM-
MITTEES.—The Director of National Intelligence shall no-
tify the congressional intelligence committees in writing at 
least 15 days prior to each exercise of an authority de-
scribed in subsection (a). 
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of National Intel-
ligence for fiscal year 2016 the sum of $516,306,000. Within 
such amount, funds identified in the classified Schedule of 
Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until Sep-
tember 30, 2017. 
(b) AUTHORIZED PERSONNEL LEVELS.—The elements 
within the Intelligence Community Management Account of 
the Director of National Intelligence are authorized 785 po-
sitions as of September 30, 2016. Personnel serving in such 
elements may be permanent employees of the Office of the
1602 
Director of National Intelligence or personnel detailed from 
other elements of the United States Government. 
(c) CLASSIFIED AUTHORIZATIONS.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In 
addition to amounts authorized to be appropriated 
for the Intelligence Community Management Account 
by subsection (a), there are authorized to be appro-
priated for the Community Management Account for 
fiscal year 2016 such additional amounts as are spec-
ified in the classified Schedule of Authorizations re-
ferred to in section 102(a). Such additional amounts 
for advanced research and development shall remain 
available until September 30, 2017. 
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) for 
elements of the Intelligence Community Management 
Account as of September 30, 2016, there are author-
ized such additional personnel for the Community 
Management Account as of that date as are specified 
in the classified Schedule of Authorizations referred to 
in section 102(a).
1603 
SEC. 105. CLARIFICATION REGARDING AUTHORITY FOR 
FLEXIBLE PERSONNEL MANAGEMENT AMONG 
ELEMENTS OF INTELLIGENCE COMMUNITY. 
(a) CLARIFICATION.—Section 102A(v) of the National 
Security Act of 1947 (50 U.S.C. 3024(v)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) A covered department may appoint an indi-
vidual to a position converted or established pursuant 
to this subsection without regard to the civil-service 
laws, including parts II and III of title 5, United 
States Code.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to an appointment 
under section 102A(v) of the National Security Act of 1947 
(50 U.S.C. 3024(v)) made on or after the date of the enact-
ment of the Intelligence Authorization Act for Fiscal Year 
2012 (Public Law 112–87) and to any proceeding pending 
on or filed after the date of the enactment of this section 
that relates to such an appointment.
1604 
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central 
Intelligence Agency Retirement and Disability Fund for fis-
cal year 2016 the sum of $514,000,000. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 
BENEFITS AUTHORIZED BY LAW. 
Appropriations authorized by this division for salary, 
pay, retirement, and other benefits for Federal employees 
may be increased by such additional or supplemental 
amounts as may be necessary for increases in such com-
pensation or benefits authorized by law. 
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 
ACTIVITIES. 
The authorization of appropriations by this division 
shall not be deemed to constitute authority for the conduct 
of any intelligence activity which is not otherwise author-
ized by the Constitution or the laws of the United States.
1605 
SEC. 303. PROVISION OF INFORMATION AND ASSISTANCE 
TO INSPECTOR GENERAL OF THE INTEL-
LIGENCE COMMUNITY. 
Section 103H(j)(4) of the National Security Act of 
1947 (50 U.S.C. 3033(j)(4)) is amended— 
(1) in subparagraph (A), by striking ‘‘any de-
partment, agency, or other element of the United 
States Government’’ and inserting ‘‘any Federal, 
State (as defined in section 804), or local govern-
mental agency or unit thereof’’; and 
(2) in subparagraph (B), by inserting ‘‘from a 
department, agency, or element of the Federal Govern-
ment’’ before ‘‘under subparagraph (A)’’. 
SEC. 304. INCLUSION OF INSPECTOR GENERAL OF INTEL-
LIGENCE COMMUNITY IN COUNCIL OF IN-
SPECTORS GENERAL ON INTEGRITY AND EF-
FICIENCY. 
Section 11(b)(1)(B) of the Inspector General Act of 
1978 (Public Law 95–452; 5 U.S.C. App.) is amended by 
striking ‘‘the Office of the Director of National Intelligence’’ 
and inserting ‘‘the Intelligence Community’’. 
SEC. 305. CLARIFICATION OF AUTHORITY OF PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD. 
Section 1061(g) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 
amended by adding at the end the following new paragraph:
1606 
‘‘(5) ACCESS.—Nothing in this section shall be 
construed to authorize the Board, or any agent there-
of, to gain access to information regarding an activ-
ity covered by section 503(a) of the National Security 
Act of 1947 (50 U.S.C. 3093(a)).’’. 
SEC. 306. ENHANCING GOVERNMENT PERSONNEL SECU-
RITY PROGRAMS. 
(a) ENHANCED SECURITY CLEARANCE PROGRAMS.— 
(1) IN GENERAL.—Part III of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘Subpart J—Enhanced Personnel Security Programs 
‘‘CHAPTER 110—ENHANCED PERSONNEL 
SECURITY PROGRAMS 
‘‘Sec. 
‘‘11001. Enhanced personnel security programs. 
‘‘SEC. 11001. ENHANCED PERSONNEL SECURITY PROGRAMS. 
‘‘(a) ENHANCED PERSONNEL SECURITY PROGRAM.— 
The Director of National Intelligence shall direct each agen-
cy to implement a program to provide enhanced security 
review of covered individuals— 
‘‘(1) in accordance with this section; and 
‘‘(2) not later than the earlier of— 
‘‘(A) the date that is 5 years after the date 
of the enactment of the Intelligence Authorization 
Act for Fiscal Year 2016; or
1607 
‘‘(B) the date on which the backlog of over-
due periodic reinvestigations of covered individ-
uals is eliminated, as determined by the Director 
of National Intelligence. 
‘‘(b) COMPREHENSIVENESS.— 
‘‘(1) SOURCES OF INFORMATION.—The enhanced 
personnel security program of an agency shall inte-
grate relevant and appropriate information from var-
ious sources, including government, publicly avail-
able, and commercial data sources, consumer report-
ing agencies, social media, and such other sources as 
determined by the Director of National Intelligence. 
‘‘(2) TYPES OF INFORMATION.—Information ob-
tained and integrated from sources described in para-
graph (1) may include— 
‘‘(A) information relating to any criminal 
or civil legal proceeding; 
‘‘(B) financial information relating to the 
covered individual, including the credit worthi-
ness of the covered individual; 
‘‘(C) publicly available information, wheth-
er electronic, printed, or other form, including 
relevant security or counterintelligence informa-
tion about the covered individual or information 
that may suggest ill intent, vulnerability to
1608 
blackmail, compulsive behavior, allegiance to an-
other country, change in ideology, or that the 
covered individual lacks good judgment, reli-
ability, or trustworthiness; and 
‘‘(D) data maintained on any terrorist or 
criminal watch list maintained by any agency, 
State or local government, or international orga-
nization. 
‘‘(c) REVIEWS OF COVERED INDIVIDUALS.— 
‘‘(1) REVIEWS.— 
‘‘(A) IN GENERAL.—The enhanced personnel 
security program of an agency shall require that, 
not less than 2 times every 5 years, the head of 
the agency shall conduct or request the conduct 
of automated record checks and checks of infor-
mation from sources under subsection (b) to en-
sure the continued eligibility of each covered in-
dividual to access classified information and 
hold a sensitive position unless more frequent re-
views of automated record checks and checks of 
information from sources under subsection (b) 
are conducted on the covered individual. 
‘‘(B) SCOPE
OF
REVIEWS.—Except for a 
covered individual who is subject to more fre-
quent reviews to ensure the continued eligibility
1609 
of the covered individual to access classified in-
formation and hold a sensitive position, the re-
views under subparagraph (A) shall consist of 
random or aperiodic checks of covered individ-
uals, such that each covered individual is subject 
to at least 2 reviews during the 5-year period be-
ginning on the date on which the agency imple-
ments the enhanced personnel security program 
of an agency, and during each 5-year period 
thereafter. 
‘‘(C) INDIVIDUAL
REVIEWS.—A review of 
the information relating to the continued eligi-
bility of a covered individual to access classified 
information and hold a sensitive position under 
subparagraph (A) may not be conducted until 
after the end of the 120-day period beginning on 
the date the covered individual receives the noti-
fication required under paragraph (3). 
‘‘(2) RESULTS.—The head of an agency shall 
take appropriate action if a review under paragraph 
(1) finds relevant information that may affect the 
continued eligibility of a covered individual to access 
classified information and hold a sensitive position. 
‘‘(3) INFORMATION
FOR
COVERED
INDIVID-
UALS.—The head of an agency shall ensure that each
1610 
covered individual is adequately advised of the types 
of relevant security or counterintelligence information 
the covered individual is required to report to the 
head of the agency. 
‘‘(4) LIMITATION.—Nothing in this subsection 
shall be construed to affect the authority of an agency 
to determine the appropriate weight to be given to in-
formation relating to a covered individual in evalu-
ating the continued eligibility of the covered indi-
vidual. 
‘‘(5) AUTHORITY OF THE PRESIDENT.—Nothing 
in this subsection shall be construed as limiting the 
authority of the President to direct or perpetuate 
periodic reinvestigations of a more comprehensive na-
ture or to delegate the authority to direct or perpet-
uate such reinvestigations. 
‘‘(6) EFFECT ON OTHER REVIEWS.—Reviews con-
ducted under paragraph (1) are in addition to inves-
tigations and reinvestigations conducted pursuant to 
section 3001 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 3341). 
‘‘(d) AUDIT.— 
‘‘(1) IN GENERAL.—Beginning 2 years after the 
date of the implementation of the enhanced personnel 
security program of an agency under subsection (a),
1611 
the Inspector General of the agency shall conduct at 
least 1 audit to assess the effectiveness and fairness, 
which shall be determined in accordance with per-
formance measures and standards established by the 
Director of National Intelligence, to covered individ-
uals of the enhanced personnel security program of 
the agency. 
‘‘(2) SUBMISSIONS TO DNI.—The results of each 
audit conducted under paragraph (1) shall be sub-
mitted to the Director of National Intelligence to as-
sess the effectiveness and fairness of the enhanced per-
sonnel security programs across the Federal Govern-
ment. 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’ has the meaning given 
that term in section 3001 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341); 
‘‘(2) the term ‘consumer reporting agency’ has 
the meaning given that term in section 603 of the 
Fair Credit Reporting Act (15 U.S.C. 1681a); 
‘‘(3) the term ‘covered individual’ means an in-
dividual employed by an agency or a contractor of an 
agency who has been determined eligible for access to
1612 
classified information or eligible to hold a sensitive 
position; 
‘‘(4) the term ‘enhanced personnel security pro-
gram’ means a program implemented by an agency 
at the direction of the Director of National Intel-
ligence under subsection (a); and’’. 
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of chapters for part III of title 5, 
United States Code, is amended by adding at the end 
following: 
‘‘Subpart J—Enhanced Personnel Security Programs 
‘‘110. Enhanced personnel security programs ............................................. 11001’’. 
(b) RESOLUTION OF BACKLOG OF OVERDUE PERIODIC 
REINVESTIGATIONS.— 
(1) IN GENERAL.—The Director of National In-
telligence shall develop and implement a plan to 
eliminate the backlog of overdue periodic reinvestiga-
tions of covered individuals. 
(2) REQUIREMENTS.—The plan developed under 
paragraph (1) shall— 
(A) use a risk-based approach to— 
(i) identify high-risk populations; and 
(ii) prioritize reinvestigations that are 
due or overdue to be conducted; and 
(B) use random automated record checks of 
covered individuals that shall include all covered
1613 
individuals in the pool of individuals subject to 
a one-time check. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘covered individual’’ means 
an individual who has been determined eligible 
for access to classified information or eligible to 
hold a sensitive position. 
(B) The term ‘‘periodic reinvestigations’’ 
has the meaning given such term in section 
3001(a)(7) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (50 U.S.C. 
3341(a)(7)). 
SEC. 307. NOTIFICATION OF CHANGES TO RETENTION OF 
CALL DETAIL RECORD POLICIES. 
(a) REQUIREMENT TO RETAIN.— 
(1) IN GENERAL.—Not later than 15 days after 
learning that an electronic communication service 
provider that generates call detail records in the ordi-
nary course of business has changed the policy of the 
provider on the retention of such call detail records to 
result in a retention period of less than 18 months, 
the Director of National Intelligence shall notify, in 
writing, the congressional intelligence committees of 
such change.
1614 
(2) REPORT.—Not later than 30 days after the 
date of the enactment of this Act, the Director shall 
submit to the congressional intelligence committees a 
report identifying each electronic communication 
service provider that has, as of the date of the report, 
a policy to retain call detail records for a period of 
18 months or less. 
(b) DEFINITIONS.—In this section: 
(1) CALL DETAIL RECORD.—The term ‘‘call de-
tail record’’ has the meaning given that term in sec-
tion 501(k) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861(k)). 
(2) ELECTRONIC COMMUNICATION SERVICE PRO-
VIDER.—The term ‘‘electronic communication service 
provider’’ has the meaning given that term in section 
701(b)(4) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1881(b)(4)). 
SEC. 308. PERSONNEL INFORMATION NOTIFICATION POL-
ICY BY THE DIRECTOR OF NATIONAL INTEL-
LIGENCE. 
(a) DIRECTIVE REQUIRED.—The Director of National 
Intelligence shall issue a directive containing a written pol-
icy for the timely notification to the congressional intel-
ligence committees of the identities of individuals occupying 
senior level positions within the intelligence community.
1615 
(b) SENIOR LEVEL POSITION.—In identifying posi-
tions that are senior level positions in the intelligence com-
munity for purposes of the directive required under sub-
section (a), the Director of National Intelligence shall con-
sider whether a position— 
(1) constitutes the head of an entity or a signifi-
cant component within an agency; 
(2) is involved in the management or oversight 
of matters of significant import to the leadership of 
an entity of the intelligence community; 
(3) provides significant responsibility on behalf 
of the intelligence community; 
(4) requires the management of a significant 
number of personnel or funds; 
(5) requires responsibility management or over-
sight of sensitive intelligence activities; and 
(6) is held by an individual designated as a sen-
ior intelligence management official as such term is 
defined in section 368(a)(6) of the Intelligence Au-
thorization Act for Fiscal Year 2010 (Public Law 
111–259; 50 U.S.C. 404i–1 note). 
(c) NOTIFICATION.—The Director shall ensure that 
each notification under the directive issued under subsection 
(a) includes each of the following:
1616 
(1) The name of the individual occupying the 
position. 
(2) Any previous senior level position held by the 
individual, if applicable, or the position held by the 
individual immediately prior to the appointment. 
(3) The position to be occupied by the indi-
vidual. 
(4) Any other information the Director deter-
mines appropriate. 
(d) RELATIONSHIP TO OTHER LAWS.—The directive 
issued under subsection (a) and any amendment to such 
directive shall be consistent with the provisions of the Na-
tional Security Act of 1947 (50 U.S.C. 401 et seq.). 
(e) SUBMISSION.—Not later than 90 days after the 
date of the enactment of this Act, the Director shall submit 
to the congressional intelligence committees the directive 
issued under subsection (a). 
SEC. 309. DESIGNATION OF LEAD INTELLIGENCE OFFICER 
FOR TUNNELS. 
(a) IN GENERAL.—The Director of National Intel-
ligence shall designate an official to manage the collection 
and analysis of intelligence regarding the tactical use of 
tunnels by state and nonstate actors. 
(b) ANNUAL REPORT.—Not later than the date that is 
10 months after the date of the enactment of this Act, and
1617 
biennially thereafter until the date that is 4 years after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to the congressional intelligence 
committees and the congressional defense committees (as 
such term is defined in section 101(a)(16) of title 10, United 
States Code) a report describing— 
(1) trends in the use of tunnels by foreign state 
and nonstate actors; and 
(2) collaboration efforts between the United 
States and partner countries to address the use of 
tunnels by adversaries. 
SEC. 310. REPORTING PROCESS REQUIRED FOR TRACKING 
CERTAIN REQUESTS FOR COUNTRY CLEAR-
ANCE. 
(a) IN GENERAL.—By not later than September 30, 
2016, the Director of National Intelligence shall establish 
a formal internal reporting process for tracking requests for 
country clearance submitted to overseas Director of Na-
tional Intelligence representatives by departments and 
agencies of the United States. Such reporting process shall 
include a mechanism for tracking the department or agency 
that submits each such request and the date on which each 
such request is submitted. 
(b) CONGRESSIONAL BRIEFING.—By not later than 
December 31, 2016, the Director of National Intelligence
1618 
shall brief the congressional intelligence committees on the 
progress of the Director in establishing the process required 
under subsection (a). 
SEC. 311. STUDY ON REDUCTION OF ANALYTIC DUPLICA-
TION. 
(a) STUDY AND REPORT.— 
(1) IN GENERAL.—Not later than January 31, 
2016, the Director of National Intelligence shall— 
(A) carry out a study to evaluate and meas-
ure the incidence of duplication in finished intel-
ligence analysis products; and 
(B) submit to the congressional intelligence 
committees a report on the findings of such 
study. 
(2) METHODOLOGY REQUIREMENTS.—The meth-
odology used to carry out the study required by this 
subsection shall be able to be repeated for use in other 
subsequent studies. 
(b) ELEMENTS.—The report required by subsection 
(a)(1)(B) shall include— 
(1) detailed information— 
(A) relating to the frequency of duplication 
of finished intelligence analysis products; and 
(B) that describes the types of, and the rea-
sons for, any such duplication; and
1619 
(2) a determination as to whether to make the 
production of such information a routine part of the 
mission of the Analytic Integrity and Standards 
Group. 
(c) CUSTOMER IMPACT PLAN.—Not later than 180 
days after the date of the enactment of this Act, the Director 
of National Intelligence shall submit to the congressional 
intelligence committees a plan for revising analytic prac-
tice, tradecraft, and standards to ensure customers are able 
to clearly identify— 
(1) the manner in which intelligence products 
written on similar topics and that are produced con-
temporaneously differ from one another in terms of 
methodology, sourcing, or other distinguishing ana-
lytic characteristics; and 
(2) the significance of that difference. 
(d) CONSTRUCTION.—Nothing in this section may be 
construed to impose any requirement that would interfere 
with the production of an operationally urgent or otherwise 
time-sensitive current intelligence product.
1620 
SEC. 312. STRATEGY FOR COMPREHENSIVE INTERAGENCY 
REVIEW OF THE UNITED STATES NATIONAL 
SECURITY OVERHEAD SATELLITE ARCHITEC-
TURE. 
(a) REQUIREMENT FOR STRATEGY.—The Director of 
National Intelligence shall collaborate with the Secretary of 
Defense and the Chairman of the Joint Chiefs of Staff to 
develop a strategy, with milestones and benchmarks, to en-
sure that there is a comprehensive interagency review of 
policies and practices for planning and acquiring national 
security satellite systems and architectures, including the 
capabilities of commercial systems and partner countries, 
consistent with the National Space Policy issued on June 
28, 2010. Such strategy shall, where applicable, account for 
the unique missions and authorities vested in the Depart-
ment of Defense and the intelligence community. 
(b) ELEMENTS.—The strategy required by subsection 
(a) shall ensure that the United States national security 
overhead satellite architecture— 
(1) meets the needs of the United States in peace 
time and is resilient in war time; 
(2) is fiscally responsible; 
(3) accurately takes into account cost and per-
formance tradeoffs; 
(4) meets realistic requirements;
1621 
(5) produces excellence, innovation, competition, 
and a robust industrial base; 
(6) aims to produce in less than 5 years innova-
tive satellite systems that are able to leverage com-
mon, standardized design elements and commercially 
available technologies; 
(7) takes advantage of rapid advances in com-
mercial technology, innovation, and commercial-like 
acquisition practices; 
(8) is open to innovative concepts, such as dis-
tributed, disaggregated architectures, that could allow 
for better resiliency, reconstitution, replenishment, 
and rapid technological refresh; and 
(9) emphasizes deterrence and recognizes the im-
portance of offensive and defensive space control capa-
bilities. 
(c) REPORT ON STRATEGY.—Not later than February 
28, 2016, the Director of National Intelligence, the Sec-
retary of Defense, and the Chairman of the Joint Chiefs 
of Staff shall jointly submit to the congressional intelligence 
committees, the Committee on Armed Services of the Senate, 
and the Committee on Armed Services of the House of Rep-
resentatives a report on the strategy required by subsection 
(a).
1622 
SEC. 313. CYBER ATTACK STANDARDS OF MEASUREMENT 
STUDY. 
(a) STUDY REQUIRED.—The Director of National In-
telligence, in consultation with the Secretary of Homeland 
Security, the Director of the Federal Bureau of Investiga-
tion, and the Secretary of Defense, shall carry out a study 
to determine appropriate standards that— 
(1) can be used to measure the damage of cyber 
incidents for the purposes of determining the response 
to such incidents; and 
(2) include a method for quantifying the damage 
caused to affected computers, systems, and devices. 
(b) REPORTS TO CONGRESS.— 
(1) PRELIMINARY FINDINGS.—Not later than 180 
days after the date of the enactment of this Act, the 
Director of National Intelligence shall submit to the 
appropriate congressional committees the initial find-
ings of the study required under subsection (a). 
(2) REPORT.—Not later than 360 days after the 
date of the enactment of this Act, the Director of Na-
tional Intelligence shall submit to the appropriate 
congressional committees a report containing the com-
plete findings of such study. 
(3) FORM OF REPORT.—The report required by 
paragraph (2) shall be submitted in unclassified form, 
but may contain a classified annex.
1623 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional intelligence committees. 
(2) The Committees on Armed Services of the 
House of Representatives and the Senate. 
(3) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate. 
(4) The Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate. 
TITLE IV—MATTERS RELATING 
TO ELEMENTS OF THE INTEL-
LIGENCE COMMUNITY 
Subtitle A—Office of the Director of 
National Intelligence 
SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NA-
TIONAL COUNTERINTELLIGENCE EXECUTIVE. 
(a) IN GENERAL.—Section 902(a) of the Counterintel-
ligence Enhancement Act of 2002 (50 U.S.C. 3382) is 
amended to read as follows: 
‘‘(a) ESTABLISHMENT.—There shall be a National 
Counterintelligence Executive who shall be appointed by the
1624 
President, by and with the advice and consent of the Sen-
ate.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date that is one year after 
the date of the enactment of this Act. 
SEC. 402. TECHNICAL AMENDMENTS RELATING TO PAY 
UNDER TITLE 5, UNITED STATES CODE. 
Section 5102(a)(1) of title 5, United States Code, is 
amended— 
(1) in clause (vii), by striking ‘‘or’’; 
(2) by inserting after clause (vii) the following 
new clause: 
‘‘(viii) the Office of the Director of National 
Intelligence;’’; and 
(3) in clause (x), by striking the period and in-
serting a semicolon. 
SEC. 403. ANALYTIC OBJECTIVITY REVIEW. 
(a) ASSESSMENT.—The Director of National Intel-
ligence shall assign the Chief of the Analytic Integrity and 
Standards Group to conduct a review of finished intel-
ligence products produced by the Central Intelligence Agen-
cy to assess whether the reorganization of the Agency, an-
nounced publicly on March 6, 2015, has resulted in any 
loss of analytic objectivity.
1625 
(b) SUBMISSION.—Not later than March 6, 2017, the 
Director of National Intelligence shall submit to the con-
gressional intelligence committees, in writing, the results of 
the review required under subsection (a), including— 
(1) an assessment comparing the analytic objec-
tivity of a representative sample of finished intel-
ligence products produced by the Central Intelligence 
Agency before the reorganization and a representative 
sample of such finished intelligence products produced 
after the reorganization, predicated on the products’ 
communication of uncertainty, expression of alter-
native analysis, and other underlying evaluative cri-
teria referenced in the Strategic Evaluation of All- 
Source Analysis directed by the Director; 
(2) an assessment comparing the historical re-
sults of anonymous surveys of Central Intelligence 
Agency analysts and customers conducted before the 
reorganization and the results of such anonymous 
surveys conducted after the reorganization, with a 
focus on the analytic standard of objectivity; 
(3) a metrics-based evaluation measuring the ef-
fect that the reorganization’s integration of oper-
ational, analytic, support, technical, and digital per-
sonnel and capabilities into Mission Centers has had 
on analytic objectivity; and
1626 
(4) any recommendations for ensuring that ana-
lysts of the Central Intelligence Agency perform their 
functions with objectivity, are not unduly con-
strained, and are not influenced by the force of pref-
erence for a particular policy. 
Subtitle B—Central Intelligence 
Agency and Other Elements 
SEC. 411. AUTHORITIES OF THE INSPECTOR GENERAL FOR 
THE CENTRAL INTELLIGENCE AGENCY. 
(a) INFORMATION AND ASSISTANCE.—Paragraph (9) 
of section 17(e) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 3517(e)(9)) is amended to read as follows: 
‘‘(9)(A) The Inspector General may request such infor-
mation or assistance as may be necessary for carrying out 
the duties and responsibilities of the Inspector General pro-
vided by this section from any Federal, State, or local gov-
ernmental agency or unit thereof. 
‘‘(B) Upon request of the Inspector General for infor-
mation or assistance from a department or agency of the 
Federal Government, the head of the department or agency 
involved, insofar as practicable and not in contravention 
of any existing statutory restriction or regulation of such 
department or agency, shall furnish to the Inspector Gen-
eral, or to an authorized designee, such information or as-
sistance.
1627 
‘‘(C) Nothing in this paragraph may be construed to 
provide any new authority to the Central Intelligence Agen-
cy to conduct intelligence activity in the United States. 
‘‘(D) In this paragraph, the term ‘State’ means each 
of the several States, the District of Columbia, the Common-
wealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, and any territory or possession of the 
United States.’’. 
(b) TECHNICAL AMENDMENTS RELATING TO SELEC-
TION OF EMPLOYEES.—Paragraph (7) of such section (50 
U.S.C. 3517(e)(7)) is amended— 
(1) by inserting ‘‘(A)’’ before ‘‘Subject to appli-
cable law’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) Consistent with budgetary and personnel re-
sources allocated by the Director, the Inspector General has 
final approval of— 
‘‘(i) the selection of internal and external can-
didates for employment with the Office of Inspector 
General; and 
‘‘(ii) all other personnel decisions concerning 
personnel permanently assigned to the Office of In-
spector General, including selection and appointment 
to the Senior Intelligence Service, but excluding all
1628 
security-based determinations that are not within the 
authority of a head of other Central Intelligence 
Agency offices.’’. 
SEC. 
412. 
PRIOR 
CONGRESSIONAL 
NOTIFICATION 
OF 
TRANSFERS OF FUNDS FOR CERTAIN INTEL-
LIGENCE ACTIVITIES. 
(a) LIMITATION.—Except as provided in subsection 
(b), none of the funds authorized to be appropriated by this 
division or otherwise made available for the intelligence 
community for fiscal year 2016 may be used to initiate a 
transfer of funds from the Joint Improvised Explosive De-
vice Defeat Fund or the Counterterrorism Partnerships 
Fund to be used for intelligence activities unless the Direc-
tor of National Intelligence or the Secretary of Defense, as 
appropriate, submits to the congressional intelligence com-
mittees, by not later than 15 days before initiating such 
a transfer, written notice of the transfer. 
(b) WAIVER.— 
(1) IN GENERAL.—The Director of National In-
telligence or the Secretary of Defense, as appropriate, 
may waive subsection (a) with respect to the initi-
ation of a transfer of funds if the Director or Sec-
retary, as the case may be, determines that an emer-
gency situation makes it impossible or impractical to
1629 
provide the notice required under such subsection by 
the date that is 15 days before such initiation. 
(2) NOTICE.—If the Director or Secretary issues 
a waiver under paragraph (1), the Director or Sec-
retary, as the case may be, shall submit to the con-
gressional intelligence committees, by not later than 
48 hours after the initiation of the transfer of funds 
covered by the waiver, written notice of the waiver 
and a justification for the waiver, including a de-
scription of the emergency situation that necessitated 
the waiver. 
TITLE V—MATTERS RELATING 
TO FOREIGN COUNTRIES 
Subtitle A—Matters Relating to 
Russia 
SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF CLUB– 
K CONTAINER MISSILE SYSTEM BY THE RUS-
SIAN FEDERATION. 
(a) NOTICE TO CONGRESS.—The Director of National 
Intelligence shall submit to the appropriate congressional 
committees written notice if the intelligence community re-
ceives intelligence that the Russian Federation has— 
(1) deployed, or is about to deploy, the Club–K 
container missile system through the Russian mili-
tary; or
1630 
(2) transferred or sold, or intends to transfer or 
sell, the Club–K container missile system to another 
state or non-state actor. 
(b) NOTICE TO CONGRESSIONAL INTELLIGENCE COM-
MITTEES.—Not later than 30 days after the date on which 
the Director submits a notice under subsection (a), the Di-
rector shall submit to the congressional intelligence commit-
tees a written update regarding any intelligence community 
engagement with a foreign partner on the deployment and 
impacts of a deployment of the Club–K container missile 
system to any potentially impacted nation. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional intelligence committees. 
(2) The Committees on Armed Services of the 
House of Representatives and the Senate. 
(3) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate. 
SEC. 502. ASSESSMENT ON FUNDING OF POLITICAL PAR-
TIES AND NONGOVERNMENTAL ORGANIZA-
TIONS BY THE RUSSIAN FEDERATION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Director of National
1631 
Intelligence shall submit to the appropriate congressional 
committees an intelligence community assessment on the 
funding of political parties and nongovernmental organiza-
tions in former Soviet states and countries in Europe by 
the Russian Security Services since January 1, 2006. Such 
assessment shall include the following: 
(1) The country involved, the entity funded, the 
security service involved, and the intended effect of the 
funding. 
(2) An evaluation of such intended effects, in-
cluding with respect to— 
(A) undermining the political cohesion of 
the country involved; 
(B) undermining the missile defense of the 
United States and the North Atlantic Treaty Or-
ganization; and 
(C) undermining energy projects that could 
provide an alternative to Russian energy. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional intelligence committees.
1632 
(2) The Committees on Armed Services of the 
House of Representatives and the Senate. 
(3) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate. 
SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSAS-
SINATIONS AS A FORM OF STATECRAFT BY 
THE RUSSIAN FEDERATION. 
(a) REQUIREMENT FOR ASSESSMENT.—Not later than 
180 days after the date of the enactment of this Act, the 
Director of National Intelligence shall submit to the appro-
priate congressional committees an intelligence community 
assessment on the use of political assassinations as a form 
of statecraft by the Russian Federation since January 1, 
2000. 
(b) CONTENT.—The assessment required by subsection 
(a) shall include— 
(1) a list of Russian politicians, businessmen, 
dissidents, journalists, current or former government 
officials, foreign heads-of-state, foreign political lead-
ers, foreign journalists, members of nongovernmental 
organizations, and other relevant individuals that the 
intelligence community assesses were assassinated by 
Russian Security Services, or agents of such services, 
since January 1, 2000; and
1633 
(2) for each individual described in paragraph 
(1), the country in which the assassination took place, 
the means used, associated individuals and organiza-
tions, and other background information related to 
the assassination of the individual. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional intelligence committees. 
(2) The Committees on Armed Services of the 
House of Representatives and the Senate. 
(3) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate. 
Subtitle B—Matters Relating to 
Other Countries 
SEC. 511. REPORT ON RESOURCES AND COLLECTION POS-
TURE WITH REGARD TO THE SOUTH CHINA 
SEA AND EAST CHINA SEA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to the congressional intelligence 
committees an intelligence community assessment on the re-
sources used for collection efforts and the collection posture
1634 
of the intelligence community with regard to the South 
China Sea and East China Sea. 
(b) ELEMENTS.—The intelligence community assess-
ment required by subsection (a) shall provide detailed infor-
mation related to intelligence collection by the United 
States with regard to the South China Sea and East China 
Sea, including— 
(1) a review of intelligence community collection 
activities and a description of these activities, includ-
ing the lead agency, key partners, purpose of collec-
tion activity, annual funding and personnel, the 
manner in which the collection is conducted, and 
types of information collected; 
(2) an explanation of how the intelligence com-
munity prioritizes and coordinates collection activi-
ties focused on such region; and 
(3) 
a 
description 
of 
any 
collection 
and 
resourcing gaps and efforts being made to address 
such gaps. 
SEC. 512. USE OF LOCALLY EMPLOYED STAFF SERVING AT 
A UNITED STATES DIPLOMATIC FACILITY IN 
CUBA. 
(a) SUPERVISORY REQUIREMENT.— 
(1) IN
GENERAL.—Except as provided under 
paragraph (2), the Secretary of State shall ensure
1635 
that, not later than 1 year after the date of the enact-
ment of this Act, key supervisory positions at a 
United States diplomatic facility in Cuba are occu-
pied by citizens of the United States. 
(2) EXTENSION.—The Secretary of State may ex-
tend the deadline under paragraph (1) for up to 1 
year by providing advance written notification and 
justification of such extension to the appropriate con-
gressional committees. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State, in co-
ordination with the heads of other appropriate Federal 
agencies, shall submit to the appropriate congressional com-
mittees a report on— 
(1) the progress made toward meeting the re-
quirement under subsection (a)(1); and 
(2) the use of locally employed staff in United 
States diplomatic facilities in Cuba, including— 
(A) the number of such staff; 
(B) the responsibilities of such staff; 
(C) the manner in which such staff are se-
lected, including efforts to mitigate counterintel-
ligence threats to the United States; and
1636 
(D) the potential cost and impact on the 
operational capacity of the diplomatic facility if 
such staff were reduced. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional intelligence committees; 
(2) the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate; and 
(3) the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Rep-
resentatives. 
SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED IN-
FORMATION FACILITIES IN UNITED STATES 
DIPLOMATIC FACILITIES IN CUBA. 
(a) RESTRICTED ACCESS SPACE REQUIREMENT.— 
Each United States diplomatic facility in Cuba in which 
classified information will be processed or in which classi-
fied communications occur that, after the date of the enact-
ment of this Act, is constructed or undergoes a major con-
struction upgrade shall be constructed to include a sensitive 
compartmented information facility. 
(b) NATIONAL SECURITY WAIVER.—The Secretary of 
State may waive the requirement under subsection (a) if 
the Secretary—
1637 
(1) determines that such waiver is in the na-
tional security interest of the United States; and 
(2) submits a written justification for such waiv-
er to the appropriate congressional committees not 
later than 90 days before exercising such waiver. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional intelligence committees; 
(2) the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate; and 
(3) the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Rep-
resentatives. 
SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAIL-
ABLE THROUGH SANCTIONS RELIEF. 
(a) IN GENERAL.—At the times specified in subsection 
(b), the Director of National Intelligence, in consultation 
with the Secretary of the Treasury, shall submit to the ap-
propriate congressional committees a report assessing the 
following: 
(1) The monetary value of any direct or indirect 
forms of sanctions relief that Iran has received since 
the Joint Plan of Action first entered into effect.
1638 
(2) How Iran has used funds made available 
through sanctions relief, including the extent to which 
any such funds have facilitated the ability of Iran— 
(A) to provide support for— 
(i) any individual or entity designated 
for the imposition of sanctions for activities 
relating to international terrorism pursuant 
to an executive order or by the Office of 
Foreign Assets Control of the Department of 
the Treasury as of the date of the enactment 
of this Act; 
(ii) any organization designated by the 
Secretary of State as a foreign terrorist or-
ganization under section 219(a) of the Im-
migration and Nationality Act (8 U.S.C. 
1189(a)) as of the date of the enactment of 
this Act; 
(iii) any other terrorist organization; 
or 
(iv) the regime of Bashar al Assad in 
Syria; 
(B) to advance the efforts of Iran or any 
other country to develop nuclear weapons or bal-
listic missiles overtly or covertly; or
1639 
(C) to commit any violation of the human 
rights of the people of Iran. 
(3) The extent to which any senior official of the 
Government of Iran has diverted any funds made 
available through sanctions relief to be used by the of-
ficial for personal use. 
(b) SUBMISSION TO CONGRESS.— 
(1) IN GENERAL.—The Director shall submit the 
report required by subsection (a) to the appropriate 
congressional committees— 
(A) not later than 180 days after the date 
of the enactment of this Act and every 180 days 
thereafter during the period that the Joint Plan 
of Action is in effect; and 
(B) not later than 1 year after a subsequent 
agreement with Iran relating to the nuclear pro-
gram of Iran takes effect and annually thereafter 
during the period that such agreement remains 
in effect. 
(2) NONDUPLICATION.—The Director may sub-
mit the information required by subsection (a) with 
a report required to be submitted to Congress under 
another provision of law if— 
(A) the Director notifies the appropriate 
congressional committees of the intention of mak-
1640 
ing such submission before submitting that re-
port; and 
(B) all matters required to be covered by 
subsection (a) are included in that report. 
(c) FORM OF REPORTS.—Each report required by sub-
section (a) shall be submitted in unclassified form, but may 
include a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Banking, Housing, 
and Urban Affairs, the Committee on Finance, 
the Committee on Foreign Relations, and the Se-
lect Committee on Intelligence of the Senate; and 
(B) the Committee on Financial Services, 
the Committee on Foreign Affairs, the Committee 
on Ways and Means, and the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives. 
(2) JOINT PLAN OF ACTION.—The term ‘‘Joint 
Plan of Action’’ means the Joint Plan of Action, 
signed at Geneva November 24, 2013, by Iran and by 
France, Germany, the Russian Federation, the Peo-
ple’s Republic of China, the United Kingdom, and the
1641 
United States, and all implementing materials and 
agreements related to the Joint Plan of Action, in-
cluding the technical understandings reached on Jan-
uary 12, 2014, the extension thereto agreed to on July 
18, 2014, and the extension thereto agreed to on No-
vember 24, 2014. 
TITLE VI—MATTERS RELATING 
TO UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, 
CUBA 
SEC. 601. PROHIBITION ON USE OF FUNDS FOR TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO THE UNITED STATES. 
No amounts authorized to be appropriated or otherwise 
made available to an element of the intelligence community 
may be used during the period beginning on the date of 
the enactment of this Act and ending on December 31, 2016, 
to transfer, release, or assist in the transfer or release, to 
or within the United States, its territories, or possessions, 
Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and
1642 
(2) is or was held on or after January 20, 2009, 
at United States Naval Station, Guantanamo Bay, 
Cuba, by the Department of Defense. 
SEC. 602. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR 
MODIFY 
FACILITIES 
IN 
THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available to an element of the 
intelligence community may be used during the period be-
ginning on the date of the enactment of this Act and ending 
on December 31, 2016, to construct or modify any facility 
in the United States, its territories, or possessions to house 
any individual detained at Guantanamo for the purposes 
of detention or imprisonment in the custody or under the 
control of the Department of Defense unless authorized by 
Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED
AT GUANTANAMO DE-
FINED.—In this section, the term ‘‘individual detained at 
Guantanamo’’ means any individual located at United
1643 
States Naval Station, Guantanamo Bay, Cuba, as of Octo-
ber 1, 2009, who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; and 
(2) is— 
(A) in the custody or under the control of 
the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
SEC. 603. PROHIBITION ON USE OF FUNDS FOR TRANSFER 
OR RELEASE TO CERTAIN COUNTRIES OF IN-
DIVIDUALS DETAINED AT UNITED STATES 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
No amounts authorized to be appropriated or otherwise 
made available to an element of the intelligence community 
may be used during the period beginning on the date of 
the enactment of this Act and ending on December 31, 2016, 
to transfer, release, or assist in the transfer or release of 
any individual detained in the custody or under the control 
of the Department of Defense at United States Naval Sta-
tion, Guantanamo Bay, Cuba, to the custody or control of 
any country, or any entity within such country, as follows: 
(1) Libya. 
(2) Somalia. 
(3) Syria.
1644 
(4) Yemen. 
TITLE VII—REPORTS AND OTHER 
MATTERS 
Subtitle A—Reports 
SEC. 701. REPEAL OF CERTAIN REPORTING REQUIRE-
MENTS. 
(a) QUADRENNIAL AUDIT OF POSITIONS REQUIRING 
SECURITY CLEARANCES.—Section 506H of the National Se-
curity Act of 1947 (50 U.S.C. 3104) is amended— 
(1) by striking subsection (a); 
(2) by redesignating subsections (b) and (c) as 
subsections (a) and (b), respectively; and 
(3) in subsection (b), as so redesignated, by strik-
ing ‘‘The results required under subsection (a)(2) and 
the reports required under subsection (b)(1)’’ and in-
serting ‘‘The reports required under subsection 
(a)(1)’’. 
(b) REPORTS ON ROLE OF ANALYSTS AT FBI.—Sec-
tion 2001(g) of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (Public Law 108–458; 118 Stat. 3700; 
28 U.S.C. 532 note) is amended by striking paragraph (3) 
and redesignating paragraph (4) as paragraph (3). 
(c) REPORT ON OUTSIDE EMPLOYMENT BY OFFICERS 
AND EMPLOYEES OF INTELLIGENCE COMMUNITY.—
1645 
(1) IN GENERAL.—Section 102A(u) of the Na-
tional Security Act of 1947 (50 U.S.C. 3024(u)) is 
amended— 
(A) by striking ‘‘(1) The Director’’ and in-
serting ‘‘The Director’’; and 
(B) by striking paragraph (2). 
(2) CONFORMING AMENDMENT.—Subsection (a) 
of section 507 of such Act (50 U.S.C. 3106) is amend-
ed— 
(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 Author-
ization Act for Fiscal Year 2000 (42 U.S.C. 7383e) is re-
pealed.
1646 
(f) REPORTS ON SECURITY VULNERABILITIES OF NA-
TIONAL LABORATORY COMPUTERS.—Section 4508 of the 
Atomic Energy Defense Act (50 U.S.C. 2659) is repealed. 
SEC. 702. REPORTS ON FOREIGN FIGHTERS. 
(a) REPORTS REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, and every 60 
days thereafter, the Director of National Intelligence shall 
submit to the congressional intelligence committees a report 
on foreign fighter flows to and from Syria and to and from 
Iraq. The Director shall define the term ‘‘foreign fighter’’ 
in such reports. 
(b) MATTERS TO BE INCLUDED.—Each report sub-
mitted under subsection (a) shall include each of the fol-
lowing: 
(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.
1647 
(2) The total number of United States persons 
who have traveled or attempted to travel to Syria or 
Iraq since January 1, 2011, the total number of such 
persons who have arrived in Syria or Iraq since such 
date, and the total number of such persons who have 
returned to the United States from Syria or Iraq 
since such date. 
(3) The total number of foreign fighters in the 
Terrorist Identities Datamart Environment and the 
status of each such foreign fighter in that database, 
the number of such foreign fighters who are on a 
watchlist, and the number of such foreign fighters who 
are not on a watchlist. 
(4) The total number of foreign fighters who have 
been processed with biometrics, including face images, 
fingerprints, and iris scans. 
(5) Any programmatic updates to the foreign 
fighter report since the last report was submitted, in-
cluding updated analysis on foreign country coopera-
tion, as well as actions taken, such as denying or re-
voking visas. 
(6) A worldwide graphic that describes foreign 
fighters flows to and from Syria, with points of origin 
by country.
1648 
(c) ADDITIONAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Director of 
National Intelligence shall submit to the congressional intel-
ligence committees a report that includes— 
(1) with respect to the travel of foreign fighters 
to and from Iraq and Syria, a description of the in-
telligence sharing relationships between the United 
States and member states of the European Union and 
member states of the North Atlantic Treaty Organiza-
tion; and 
(2) an analysis of the challenges impeding such 
intelligence sharing relationships. 
(d) FORM.—The reports submitted under subsections 
(a) and (c) may be submitted in classified form. 
(e) TERMINATION.—The requirement to submit reports 
under subsection (a) shall terminate on the date that is 3 
years after the date of the enactment of this Act. 
SEC. 703. REPORT ON STRATEGY, EFFORTS, AND RE-
SOURCES TO DETECT, DETER, AND DEGRADE 
ISLAMIC STATE REVENUE MECHANISMS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the intelligence community should dedicate necessary 
resources to defeating the revenue mechanisms of the Islamic 
State.
1649 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Director of National Intel-
ligence shall submit to the congressional intelligence com-
mittees a report on the strategy, efforts, and resources of 
the intelligence community that are necessary to detect, 
deter, and degrade the revenue mechanisms of the Islamic 
State. 
SEC. 704. REPORT ON UNITED STATES COUNTERTER-
RORISM STRATEGY TO DISRUPT, DISMANTLE, 
AND DEFEAT THE ISLAMIC STATE, AL-QA’IDA, 
AND THEIR AFFILIATED GROUPS, ASSOCI-
ATED GROUPS, AND ADHERENTS. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the President 
shall transmit to the appropriate congressional com-
mittees a comprehensive report on the counterter-
rorism strategy of the United States to disrupt, dis-
mantle, and defeat the Islamic State, al-Qa’ida, and 
their affiliated groups, associated groups, and adher-
ents. 
(2) COORDINATION.—The report under para-
graph (1) shall be prepared in coordination with the 
Director of National Intelligence, the Secretary of 
State, the Secretary of the Treasury, the Attorney
1650 
General, and the Secretary of Defense, and the head 
of any other department or agency of the Federal 
Government that has responsibility for activities di-
rected at combating the Islamic State, al-Qa’ida, and 
their affiliated groups, associated groups, and adher-
ents. 
(3) ELEMENTS.—The report under by paragraph 
(1) shall include each of the following: 
(A) A definition of— 
(i) core al-Qa’ida, including a list of 
which known individuals constitute core al- 
Qa’ida; 
(ii) the Islamic State, including a list 
of which known individuals constitute Is-
lamic State leadership; 
(iii) an affiliated group of the Islamic 
State or al-Qa’ida, including a list of which 
known groups constitute an affiliate group 
of the Islamic State or al-Qa’ida; 
(iv) an associated group of the Islamic 
State or al-Qa’ida, including a list of which 
known groups constitute an associated 
group of the Islamic State or al-Qa’ida; 
(v) an adherent of the Islamic State or 
al-Qa’ida, including a list of which known
1651 
groups constitute an adherent of the Islamic 
State or al-Qa’ida; and 
(vi) a group aligned with the Islamic 
State or al-Qa’ida, including a description 
of what actions a group takes or statements 
it makes that qualify it as a group aligned 
with the Islamic State or al-Qa’ida. 
(B) An assessment of the relationship be-
tween all identified Islamic State or al-Qa’ida 
affiliated groups, associated groups, and adher-
ents with Islamic State leadership or core al- 
Qa’ida. 
(C) An assessment of the strengthening or 
weakening of the Islamic State or al-Qa’ida, its 
affiliated groups, associated groups, and adher-
ents, from January 1, 2010, to the present, in-
cluding a description of the metrics that are used 
to assess strengthening or weakening and an as-
sessment of the relative increase or decrease in 
violent attacks attributed to such entities. 
(D) An assessment of whether an individual 
can be a member of core al-Qa’ida if such indi-
vidual is not located in Afghanistan or Pakistan. 
(E) An assessment of whether an individual 
can be a member of core al-Qa’ida as well as a
1654 
cluded in background investigations for security clear-
ances), including with respect to— 
(A) recruiting intelligence assets; 
(B) influencing decisionmaking processes 
within the Federal Government, including re-
garding foreign policy decisions; and 
(C) compromising employees of the Federal 
Government and friends and families of such 
employees for the purpose of gaining access to 
sensitive national security and economic infor-
mation. 
(4) An assessment of which departments or agen-
cies of the Federal Government use the best practices 
to protect sensitive data, including a summary of any 
such best practices that were not used by the Office 
of Personnel Management. 
(5) An assessment of the best practices used by 
the departments or agencies identified under para-
graph (4) to identify and fix potential vulnerabilities 
in the systems of the department or agency. 
(c) BRIEFING.—The Director of National Intelligence 
shall provide to the congressional intelligence committees an 
interim briefing on the report under subsection (a), includ-
ing a discussion of proposals and options for responding 
to cyber attacks.
1655 
(d) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex. 
SEC. 706. REPORT ON HIRING OF GRADUATES OF CYBER 
CORPS SCHOLARSHIP PROGRAM BY INTEL-
LIGENCE COMMUNITY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Director of National 
Intelligence, in coordination with the Director of the Na-
tional 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 fol-
lowing: 
(1) The number of graduates of the Cyber Corps 
Scholarship Program hired by each element of the in-
telligence community. 
(2) A description of how each element of the in-
telligence community recruits graduates of the Cyber 
Corps Scholar Program. 
(3) A description of any processes available to 
the intelligence community to expedite the hiring or 
processing of security clearances for graduates of the 
Cyber Corps Scholar Program.
1656 
(4) Recommendations by the Director of Na-
tional Intelligence to improve the hiring by the intel-
ligence community of graduates of the Cyber Corps 
Scholarship Program, including any recommenda-
tions for legislative action to carry out such improve-
ments. 
(b) CYBER
CORPS
SCHOLARSHIP
PROGRAM
DE-
FINED.—In this section, the term ‘‘Cyber Corps Scholarship 
Program’’ means the Federal Cyber Scholarship-for-Service 
Program under section 302 of the Cybersecurity Enhance-
ment Act of 2014 (15 U.S.C. 7442). 
SEC. 707. REPORT ON USE OF CERTAIN BUSINESS CON-
CERNS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to the congressional intelligence 
committees a report on the representation, as of the date 
of the report, of covered business concerns among the con-
tractors that are awarded contracts by elements of the intel-
ligence community for goods, equipment, tools, and services. 
(b) MATTERS INCLUDED.—The report under subsection 
(a) shall include the following: 
(1) The representation of covered business con-
cerns as described in subsection (a), including such 
representation by—
1657 
(A) each type of covered business concern; 
and 
(B) each element of the intelligence commu-
nity. 
(2) If, as of the date of the enactment of this Act, 
the Director does not record and monitor the statistics 
required to carry out this section, a description of the 
actions taken by the Director to ensure that such sta-
tistics are recorded and monitored beginning in fiscal 
year 2016. 
(3) The actions the Director plans to take during 
fiscal year 2016 to enhance the awarding of contracts 
to covered business concerns by elements of the intel-
ligence community. 
(c) COVERED BUSINESS CONCERNS DEFINED.—In this 
section, the term ‘‘covered business concerns’’ means the fol-
lowing: 
(1) Minority-owned businesses. 
(2) Women-owned businesses. 
(3) Small disadvantaged businesses. 
(4) Service-disabled veteran-owned businesses. 
(5) Veteran-owned small businesses.
1658 
Subtitle B—Other Matters 
SEC. 711. USE OF HOMELAND SECURITY GRANT FUNDS IN 
CONJUNCTION WITH DEPARTMENT OF EN-
ERGY NATIONAL LABORATORIES. 
Section 2008(a) of the Homeland Security Act of 2002 
(6 U.S.C. 609(a)) is amended in the matter preceding para-
graph (1) by inserting ‘‘including by working in conjunc-
tion with a National Laboratory (as defined in section 2(3) 
of the Energy Policy Act of 2005 (42 U.S.C. 15801(3))),’’ 
after ‘‘plans,’’. 
SEC. 712. INCLUSION OF CERTAIN MINORITY-SERVING IN-
STITUTIONS IN GRANT PROGRAM TO EN-
HANCE RECRUITING OF INTELLIGENCE COM-
MUNITY WORKFORCE. 
Section 1024 of the National Security Act of 1947 (50 
U.S.C. 3224) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘histori-
cally black colleges and universities and Pre-
dominantly Black Institutions’’ and inserting 
‘‘historically black colleges and universities, Pre-
dominantly Black Institutions, Hispanic-serving 
institutions, and Asian American and Native 
American Pacific Islander-serving institutions’’; 
and
1659 
(B) in the subsection heading, by striking 
‘‘HISTORICALLY BLACK’’ and inserting ‘‘CER-
TAIN MINORITY-SERVING’’; and 
(2) in subsection (g)— 
(A) by redesignating paragraph (5) as 
paragraph (7); and 
(B) by inserting after paragraph (4) the fol-
lowing new paragraphs (5) and (6): 
‘‘(5) HISPANIC-SERVING INSTITUTION.—The term 
‘Hispanic-serving institution’ has the meaning given 
that term in section 502(a)(5) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1101a(a)(5)). 
‘‘(6) ASIAN
AMERICAN
AND
NATIVE
AMERICAN 
PACIFIC ISLANDER-SERVING INSTITUTION.—The term 
‘Asian American and Native American Pacific Is-
lander-serving institution’ has the meaning given that 
term in section 320(b)(2) of the Higher Education Act 
of 1965 (20 U.S.C. 1059g(b)(2)).’’. 
DIVISION N—CYBERSECURITY 
ACT OF 2015 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Cybersecurity Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
Sec. 1. Short title; table of contents.
1660 
TITLE I—CYBERSECURITY INFORMATION SHARING 
Sec. 101. Short title. 
Sec. 102. Definitions. 
Sec. 103. Sharing of information by the Federal Government. 
Sec. 104. Authorizations for preventing, detecting, analyzing, and mitigating cy-
bersecurity threats. 
Sec. 105. Sharing of cyber threat indicators and defensive measures with the Fed-
eral Government. 
Sec. 106. Protection from liability. 
Sec. 107. Oversight of Government activities. 
Sec. 108. Construction and preemption. 
Sec. 109. Report on cybersecurity threats. 
Sec. 110. Exception to limitation on authority of Secretary of Defense to dissemi-
nate certain information. 
Sec. 111. Effective period. 
TITLE II—NATIONAL CYBERSECURITY ADVANCEMENT 
Subtitle A—National Cybersecurity and Communications Integration Center 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Information sharing structure and processes. 
Sec. 204. Information sharing and analysis organizations. 
Sec. 205. National response framework. 
Sec. 206. Report on reducing cybersecurity risks in DHS data centers. 
Sec. 207. Assessment. 
Sec. 208. Multiple simultaneous cyber incidents at critical infrastructure. 
Sec. 209. Report on cybersecurity vulnerabilities of United States ports. 
Sec. 210. Prohibition on new regulatory authority. 
Sec. 211. Termination of reporting requirements. 
Subtitle B—Federal Cybersecurity Enhancement 
Sec. 221. Short title. 
Sec. 222. Definitions. 
Sec. 223. Improved Federal network security. 
Sec. 224. Advanced internal defenses. 
Sec. 225. Federal cybersecurity requirements. 
Sec. 226. Assessment; reports. 
Sec. 227. Termination. 
Sec. 228. Identification of information systems relating to national security. 
Sec. 229. Direction to agencies. 
TITLE III—FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT 
Sec. 301. Short title. 
Sec. 302. Definitions. 
Sec. 303. National cybersecurity workforce measurement initiative. 
Sec. 304. Identification of cyber-related work roles of critical need. 
Sec. 305. Government Accountability Office status reports. 
TITLE IV—OTHER CYBER MATTERS 
Sec. 401. Study on mobile device security. 
Sec. 402. Department of State international cyberspace policy strategy.
1661 
Sec. 403. Apprehension and prosecution of international cyber criminals. 
Sec. 404. Enhancement of emergency services. 
Sec. 405. Improving cybersecurity in the health care industry. 
Sec. 406. Federal computer security. 
Sec. 407. Stopping the fraudulent sale of financial information of people of the 
United States. 
TITLE I—CYBERSECURITY 
INFORMATION SHARING 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Cybersecurity Informa-
tion Sharing Act of 2015’’. 
SEC. 102. DEFINITIONS. 
In this title: 
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given the term in section 3502 of title 44, United 
States Code. 
(2) ANTITRUST
LAWS.—The term ‘‘antitrust 
laws’’— 
(A) has the meaning given the term in the 
first section of the Clayton Act (15 U.S.C. 12); 
(B) includes section 5 of the Federal Trade 
Commission Act (15 U.S.C. 45) to the extent that 
section 5 of that Act applies to unfair methods 
of competition; and 
(C) includes any State antitrust law, but 
only to the extent that such law is consistent 
with the law referred to in subparagraph (A) or 
the law referred to in subparagraph (B).
1662 
(3) APPROPRIATE
FEDERAL
ENTITIES.—The 
term ‘‘appropriate Federal entities’’ means the fol-
lowing: 
(A) The Department of Commerce. 
(B) The Department of Defense. 
(C) The Department of Energy. 
(D) The Department of Homeland Security. 
(E) The Department of Justice. 
(F) The Department of the Treasury. 
(G) The Office of the Director of National 
Intelligence. 
(4) CYBERSECURITY PURPOSE.—The term ‘‘cy-
bersecurity purpose’’ means the purpose of protecting 
an information system or information that is stored 
on, processed by, or transiting an information system 
from a cybersecurity threat or security vulnerability. 
(5) CYBERSECURITY THREAT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘cybersecurity 
threat’’ means an action, not protected by the 
First Amendment to the Constitution of the 
United States, on or through an information sys-
tem that may result in an unauthorized effort to 
adversely impact the security, availability, con-
fidentiality, or integrity of an information sys-
1663 
tem or information that is stored on, processed 
by, or transiting an information system. 
(B) EXCLUSION.—The term ‘‘cybersecurity 
threat’’ does not include any action that solely 
involves a violation of a consumer term of service 
or a consumer licensing agreement. 
(6) CYBER
THREAT
INDICATOR.—The term 
‘‘cyber threat indicator’’ means information that is 
necessary to describe or identify— 
(A) malicious reconnaissance, including 
anomalous patterns of communications that ap-
pear to be transmitted for the purpose of gath-
ering technical information related to a cyberse-
curity threat or security vulnerability; 
(B) a method of defeating a security control 
or exploitation of a security vulnerability; 
(C) a security vulnerability, including 
anomalous activity that appears to indicate the 
existence of a security vulnerability; 
(D) a method of causing a user with legiti-
mate access to an information system or infor-
mation that is stored on, processed by, or 
transiting an information system to unwittingly 
enable the defeat of a security control or exploi-
tation of a security vulnerability;
1664 
(E) malicious cyber command and control; 
(F) the actual or potential harm caused by 
an incident, including a description of the infor-
mation exfiltrated as a result of a particular cy-
bersecurity threat; 
(G) any other attribute of a cybersecurity 
threat, if disclosure of such attribute is not other-
wise prohibited by law; or 
(H) any combination thereof. 
(7) DEFENSIVE MEASURE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘defensive measure’’ 
means an action, device, procedure, signature, 
technique, or other measure applied to an infor-
mation system or information that is stored on, 
processed by, or transiting an information sys-
tem that detects, prevents, or mitigates a known 
or suspected cybersecurity threat or security vul-
nerability. 
(B) 
EXCLUSION.—The 
term 
‘‘defensive 
measure’’ does not include a measure that de-
stroys, renders unusable, provides unauthorized 
access to, or substantially harms an information 
system or information stored on, processed by, or
1665 
transiting such information system not owned 
by— 
(i) the private entity operating the 
measure; or 
(ii) another entity or Federal entity 
that is authorized to provide consent and 
has provided consent to that private entity 
for operation of such measure. 
(8) FEDERAL ENTITY.—The term ‘‘Federal enti-
ty’’ means a department or agency of the United 
States or any component of such department or agen-
cy. 
(9) INFORMATION SYSTEM.—The term ‘‘informa-
tion system’’— 
(A) has the meaning given the term in sec-
tion 3502 of title 44, United States Code; and 
(B) includes industrial control systems, 
such as supervisory control and data acquisition 
systems, distributed control systems, and pro-
grammable logic controllers. 
(10) LOCAL GOVERNMENT.—The term ‘‘local gov-
ernment’’ means any borough, city, county, parish, 
town, township, village, or other political subdivision 
of a State.
1666 
(11) MALICIOUS
CYBER
COMMAND
AND
CON-
TROL.—The term ‘‘malicious cyber command and 
control’’ means a method for unauthorized remote 
identification of, access to, or use of, an information 
system or information that is stored on, processed by, 
or transiting an information system. 
(12) MALICIOUS
RECONNAISSANCE.—The term 
‘‘malicious reconnaissance’’ means a method for ac-
tively probing or passively monitoring an informa-
tion system for the purpose of discerning security 
vulnerabilities of the information system, if such 
method is associated with a known or suspected cyber-
security threat. 
(13) MONITOR.—The term ‘‘monitor’’ means to 
acquire, identify, or scan, or to possess, information 
that is stored on, processed by, or transiting an infor-
mation system. 
(14) NON-FEDERAL ENTITY.— 
(A) IN GENERAL.—Except as otherwise pro-
vided in this paragraph, the term ‘‘non-Federal 
entity’’ means any private entity, non-Federal 
government agency or department, or State, trib-
al, or local government (including a political 
subdivision, department, or component thereof).
1667 
(B) INCLUSIONS.—The term ‘‘non-Federal 
entity’’ includes a government agency or depart-
ment of the District of Columbia, the Common-
wealth of Puerto Rico, the United States Virgin 
Islands, Guam, American Samoa, the Northern 
Mariana Islands, and any other territory or pos-
session of the United States. 
(C) EXCLUSION.—The term ‘‘non-Federal 
entity’’ does not include a foreign power as de-
fined in section 101 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801). 
(15) PRIVATE ENTITY.— 
(A) IN GENERAL.—Except as otherwise pro-
vided in this paragraph, the term ‘‘private enti-
ty’’ means any person or private group, organi-
zation, proprietorship, partnership, trust, cooper-
ative, corporation, or other commercial or non-
profit entity, including an officer, employee, or 
agent thereof. 
(B) INCLUSION.—The term ‘‘private entity’’ 
includes a State, tribal, or local government per-
forming utility services, such as electric, natural 
gas, or water services. 
(C) EXCLUSION.—The term ‘‘private entity’’ 
does not include a foreign power as defined in
1668 
section 101 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801). 
(16) SECURITY CONTROL.—The term ‘‘security 
control’’ means the management, operational, and 
technical controls used to protect against an unau-
thorized effort to adversely affect the confidentiality, 
integrity, and availability of an information system 
or its information. 
(17) SECURITY VULNERABILITY.—The term ‘‘se-
curity vulnerability’’ means any attribute of hard-
ware, software, process, or procedure that could enable 
or facilitate the defeat of a security control. 
(18) TRIBAL.—The term ‘‘tribal’’ has the mean-
ing given the term ‘‘Indian tribe’’ in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
SEC. 103. SHARING OF INFORMATION BY THE FEDERAL 
GOVERNMENT. 
(a) IN GENERAL.—Consistent with the protection of 
classified information, intelligence sources and methods, 
and privacy and civil liberties, the Director of National In-
telligence, the Secretary of Homeland Security, the Sec-
retary of Defense, and the Attorney General, in consultation 
with the heads of the appropriate Federal entities, shall
1669 
jointly develop and issue procedures to facilitate and pro-
mote— 
(1) the timely sharing of classified cyber threat 
indicators and defensive measures in the possession of 
the Federal Government with representatives of rel-
evant Federal entities and non-Federal entities that 
have appropriate security clearances; 
(2) the timely sharing with relevant Federal en-
tities and non-Federal entities of cyber threat indica-
tors, defensive measures, and information relating to 
cybersecurity threats or authorized uses under this 
title, in the possession of the Federal Government that 
may be declassified and shared at an unclassified 
level; 
(3) the timely sharing with relevant Federal en-
tities and non-Federal entities, or the public if appro-
priate, of unclassified, including controlled unclassi-
fied, cyber threat indicators and defensive measures 
in the possession of the Federal Government; 
(4) the timely sharing with Federal entities and 
non-Federal entities, if appropriate, of information 
relating to cybersecurity threats or authorized uses 
under this title, in the possession of the Federal Gov-
ernment about cybersecurity threats to such entities to
1670 
prevent or mitigate adverse effects from such cyberse-
curity threats; and 
(5) the periodic sharing, through publication and 
targeted outreach, of cybersecurity best practices that 
are developed based on ongoing analyses of cyber 
threat indicators, defensive measures, and informa-
tion relating to cybersecurity threats or authorized 
uses under this title, in the possession of the Federal 
Government, with attention to accessibility and im-
plementation challenges faced by small business con-
cerns (as defined in section 3 of the Small Business 
Act (15 U.S.C. 632)). 
(b) DEVELOPMENT OF PROCEDURES.— 
(1) IN
GENERAL.—The procedures developed 
under subsection (a) shall— 
(A) ensure the Federal Government has and 
maintains the capability to share cyber threat 
indicators and defensive measures in real time 
consistent with the protection of classified infor-
mation; 
(B) incorporate, to the greatest extent prac-
ticable, existing processes and existing roles and 
responsibilities of Federal entities and non-Fed-
eral entities for information sharing by the Fed-
1671 
eral Government, including sector specific infor-
mation sharing and analysis centers; 
(C) include procedures for notifying, in a 
timely manner, Federal entities and non-Federal 
entities that have received a cyber threat indi-
cator or defensive measure from a Federal entity 
under this title that is known or determined to 
be in error or in contravention of the require-
ments of this title or another provision of Fed-
eral law or policy of such error or contravention; 
(D) include requirements for Federal enti-
ties sharing cyber threat indicators or defensive 
measures to implement and utilize security con-
trols to protect against unauthorized access to or 
acquisition of such cyber threat indicators or de-
fensive measures; 
(E) include procedures that require a Fed-
eral entity, prior to the sharing of a cyber threat 
indicator— 
(i) to review such cyber threat indi-
cator to assess whether such cyber threat in-
dicator contains any information not di-
rectly related to a cybersecurity threat that 
such Federal entity knows at the time of 
sharing to be personal information of a spe-
1672 
cific individual or information that identi-
fies a specific individual and remove such 
information; or 
(ii) to implement and utilize a tech-
nical capability configured to remove any 
information not directly related to a cyber-
security threat that the Federal entity 
knows at the time of sharing to be personal 
information of a specific individual or in-
formation that identifies a specific indi-
vidual; and 
(F) include procedures for notifying, in a 
timely manner, any United States person whose 
personal information is known or determined to 
have been shared by a Federal entity in violation 
of this title. 
(2) CONSULTATION.—In developing the proce-
dures required under this section, the Director of Na-
tional Intelligence, the Secretary of Homeland Secu-
rity, the Secretary of Defense, and the Attorney Gen-
eral shall consult with appropriate Federal entities, 
including the Small Business Administration and the 
National Laboratories (as defined in section 2 of the 
Energy Policy Act of 2005 (42 U.S.C. 15801)), to en-
sure that effective protocols are implemented that will
1673 
facilitate and promote the sharing of cyber threat in-
dicators by the Federal Government in a timely man-
ner. 
(c) SUBMITTAL TO CONGRESS.—Not later than 60 
days after the date of the enactment of this Act, the Director 
of National Intelligence, in consultation with the heads of 
the appropriate Federal entities, shall submit to Congress 
the procedures required by subsection (a). 
SEC. 104. AUTHORIZATIONS FOR PREVENTING, DETECTING, 
ANALYZING, AND MITIGATING CYBERSECU-
RITY THREATS. 
(a) AUTHORIZATION FOR MONITORING.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, a private entity may, for cybersecu-
rity purposes, monitor— 
(A) an information system of such private 
entity; 
(B) an information system of another non- 
Federal entity, upon the authorization and writ-
ten consent of such other entity; 
(C) an information system of a Federal en-
tity, upon the authorization and written consent 
of an authorized representative of the Federal en-
tity; and
1674 
(D) information that is stored on, processed 
by, or transiting an information system mon-
itored by the private entity under this para-
graph. 
(2) CONSTRUCTION.—Nothing in this subsection 
shall be construed— 
(A) to authorize the monitoring of an infor-
mation system, or the use of any information ob-
tained through such monitoring, other than as 
provided in this title; or 
(B) to limit otherwise lawful activity. 
(b) AUTHORIZATION FOR OPERATION OF DEFENSIVE 
MEASURES.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, a private entity may, for cybersecu-
rity purposes, operate a defensive measure that is ap-
plied to— 
(A) an information system of such private 
entity in order to protect the rights or property 
of the private entity; 
(B) an information system of another non- 
Federal entity upon written consent of such enti-
ty for operation of such defensive measure to 
protect the rights or property of such entity; and
1675 
(C) an information system of a Federal en-
tity upon written consent of an authorized rep-
resentative of such Federal entity for operation 
of such defensive measure to protect the rights or 
property of the Federal Government. 
(2) CONSTRUCTION.—Nothing in this subsection 
shall be construed— 
(A) to authorize the use of a defensive meas-
ure other than as provided in this subsection; or 
(B) to limit otherwise lawful activity. 
(c) AUTHORIZATION
FOR SHARING
OR RECEIVING 
CYBER THREAT INDICATORS OR DEFENSIVE MEASURES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and notwithstanding any other provision of 
law, a non-Federal entity may, for a cybersecurity 
purpose and consistent with the protection of classi-
fied information, share with, or receive from, any 
other non-Federal entity or the Federal Government a 
cyber threat indicator or defensive measure. 
(2) LAWFUL RESTRICTION.—A non-Federal enti-
ty receiving a cyber threat indicator or defensive 
measure from another non-Federal entity or a Federal 
entity shall comply with otherwise lawful restrictions 
placed on the sharing or use of such cyber threat indi-
1676 
cator or defensive measure by the sharing non-Federal 
entity or Federal entity. 
(3) CONSTRUCTION.—Nothing in this subsection 
shall be construed— 
(A) to authorize the sharing or receiving of 
a cyber threat indicator or defensive measure 
other than as provided in this subsection; or 
(B) to limit otherwise lawful activity. 
(d) PROTECTION AND USE OF INFORMATION.— 
(1) SECURITY OF INFORMATION.—A non-Federal 
entity monitoring an information system, operating a 
defensive measure, or providing or receiving a cyber 
threat indicator or defensive measure under this sec-
tion shall implement and utilize a security control to 
protect against unauthorized access to or acquisition 
of such cyber threat indicator or defensive measure. 
(2) REMOVAL OF CERTAIN PERSONAL INFORMA-
TION.—A non-Federal entity sharing a cyber threat 
indicator pursuant to this title shall, prior to such 
sharing— 
(A) review such cyber threat indicator to as-
sess whether such cyber threat indicator contains 
any information not directly related to a cyber-
security threat that the non-Federal entity knows 
at the time of sharing to be personal information
1677 
of a specific individual or information that iden-
tifies a specific individual and remove such in-
formation; or 
(B) implement and utilize a technical capa-
bility configured to remove any information not 
directly related to a cybersecurity threat that the 
non-Federal entity knows at the time of sharing 
to be personal information of a specific indi-
vidual or information that identifies a specific 
individual. 
(3) USE OF CYBER THREAT INDICATORS AND DE-
FENSIVE MEASURES BY NON-FEDERAL ENTITIES.— 
(A) IN
GENERAL.—Consistent with this 
title, a cyber threat indicator or defensive meas-
ure shared or received under this section may, 
for cybersecurity purposes— 
(i) be used by a non-Federal entity to 
monitor or operate a defensive measure that 
is applied to— 
(I) an information system of the 
non-Federal entity; or 
(II) an information system of an-
other non-Federal entity or a Federal 
entity upon the written consent of that
1678 
other non-Federal entity or that Fed-
eral entity; and 
(ii) be otherwise used, retained, and 
further shared by a non-Federal entity sub-
ject to— 
(I) an otherwise lawful restriction 
placed by the sharing non-Federal enti-
ty or Federal entity on such cyber 
threat indicator or defensive measure; 
or 
(II) an otherwise applicable pro-
vision of law. 
(B) CONSTRUCTION.—Nothing in this para-
graph shall be construed to authorize the use of 
a cyber threat indicator or defensive measure 
other than as provided in this section. 
(4) USE
OF
CYBER
THREAT
INDICATORS
BY 
STATE, TRIBAL, OR LOCAL GOVERNMENT.— 
(A) LAW
ENFORCEMENT
USE.—A State, 
tribal, or local government that receives a cyber 
threat indicator or defensive measure under this 
title may use such cyber threat indicator or de-
fensive measure for the purposes described in sec-
tion 105(d)(5)(A).
1679 
(B) EXEMPTION
FROM
DISCLOSURE.—A 
cyber threat indicator or defensive measure 
shared by or with a State, tribal, or local govern-
ment, including a component of a State, tribal, 
or local government that is a private entity, 
under this section shall be— 
(i) deemed voluntarily shared informa-
tion; and 
(ii) exempt from disclosure under any 
provision of State, tribal, or local freedom 
of information law, open government law, 
open meetings law, open records law, sun-
shine law, or similar law requiring disclo-
sure of information or records. 
(C) STATE, TRIBAL, AND
LOCAL
REGU-
LATORY AUTHORITY.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), a cyber threat indicator or 
defensive measure shared with a State, trib-
al, or local government under this title shall 
not be used by any State, tribal, or local 
government to regulate, including an en-
forcement action, the lawful activity of any 
non-Federal entity or any activity taken by 
a non-Federal entity pursuant to manda-
1680 
tory standards, including an activity relat-
ing to monitoring, operating a defensive 
measure, or sharing of a cyber threat indi-
cator. 
(ii) REGULATORY AUTHORITY SPECIFI-
CALLY RELATING TO PREVENTION OR MITI-
GATION
OF
CYBERSECURITY
THREATS.—A 
cyber threat indicator or defensive measure 
shared as described in clause (i) may, con-
sistent with a State, tribal, or local govern-
ment regulatory authority specifically relat-
ing to the prevention or mitigation of cyber-
security threats to information systems, in-
form the development or implementation of 
a regulation relating to such information 
systems. 
(e) ANTITRUST EXEMPTION.— 
(1) IN GENERAL.—Except as provided in section 
108(e), it shall not be considered a violation of any 
provision of antitrust laws for 2 or more private enti-
ties to exchange or provide a cyber threat indicator 
or defensive measure, or assistance relating to the pre-
vention, investigation, or mitigation of a cybersecu-
rity threat, for cybersecurity purposes under this title.
1681 
(2) APPLICABILITY.—Paragraph (1) shall apply 
only to information that is exchanged or assistance 
provided in order to assist with— 
(A) facilitating the prevention, investiga-
tion, or mitigation of a cybersecurity threat to 
an information system or information that is 
stored on, processed by, or transiting an infor-
mation system; or 
(B) communicating or disclosing a cyber 
threat indicator to help prevent, investigate, or 
mitigate the effect of a cybersecurity threat to an 
information system or information that is stored 
on, processed by, or transiting an information 
system. 
(f) NO RIGHT OR BENEFIT.—The sharing of a cyber 
threat indicator or defensive measure with a non-Federal 
entity under this title shall not create a right or benefit 
to similar information by such non-Federal entity or any 
other non-Federal entity. 
SEC. 105. SHARING OF CYBER THREAT INDICATORS AND 
DEFENSIVE MEASURES WITH THE FEDERAL 
GOVERNMENT. 
(a) REQUIREMENT
FOR
POLICIES
AND
PROCE-
DURES.—
1682 
(1) INTERIM POLICIES AND PROCEDURES.—Not 
later than 60 days after the date of the enactment of 
this Act, the Attorney General and the Secretary of 
Homeland Security shall, in consultation with the 
heads of the appropriate Federal entities, jointly de-
velop and submit to Congress interim policies and 
procedures relating to the receipt of cyber threat indi-
cators and defensive measures by the Federal Govern-
ment. 
(2) FINAL
POLICIES
AND
PROCEDURES.—Not 
later than 180 days after the date of the enactment 
of this Act, the Attorney General and the Secretary of 
Homeland Security shall, in consultation with the 
heads of the appropriate Federal entities, jointly issue 
and make publicly available final policies and proce-
dures relating to the receipt of cyber threat indicators 
and defensive measures by the Federal Government. 
(3) REQUIREMENTS CONCERNING POLICIES AND 
PROCEDURES.—Consistent with the guidelines re-
quired by subsection (b), the policies and procedures 
developed or issued under this subsection shall— 
(A) ensure that cyber threat indicators 
shared with the Federal Government by any non- 
Federal entity pursuant to section 104(c)
1683 
through the real-time process described in sub-
section (c) of this section— 
(i) are shared in an automated man-
ner with all of the appropriate Federal enti-
ties; 
(ii) are only subject to a delay, modi-
fication, or other action due to controls es-
tablished for such real-time process that 
could impede real-time receipt by all of the 
appropriate Federal entities when the delay, 
modification, or other action is due to con-
trols— 
(I) agreed upon unanimously by 
all of the heads of the appropriate Fed-
eral entities; 
(II) carried out before any of the 
appropriate Federal entities retains or 
uses the cyber threat indicators or de-
fensive measures; and 
(III) uniformly applied such that 
each of the appropriate Federal entities 
is subject to the same delay, modifica-
tion, or other action; and 
(iii) may be provided to other Federal 
entities;
1684 
(B) ensure that cyber threat indicators 
shared with the Federal Government by any non- 
Federal entity pursuant to section 104 in a 
manner other than the real-time process de-
scribed in subsection (c) of this section— 
(i) are shared as quickly as operation-
ally practicable with all of the appropriate 
Federal entities; 
(ii) are not subject to any unnecessary 
delay, interference, or any other action that 
could impede receipt by all of the appro-
priate Federal entities; and 
(iii) may be provided to other Federal 
entities; and 
(C) ensure there are— 
(i) audit capabilities; and 
(ii) appropriate sanctions in place for 
officers, employees, or agents of a Federal 
entity who knowingly and willfully conduct 
activities under this title in an unauthor-
ized manner. 
(4) GUIDELINES FOR ENTITIES SHARING CYBER 
THREAT INDICATORS WITH FEDERAL GOVERNMENT.— 
(A) IN GENERAL.—Not later than 60 days 
after the date of the enactment of this Act, the
1685 
Attorney General and the Secretary of Homeland 
Security shall jointly develop and make publicly 
available guidance to assist entities and promote 
sharing of cyber threat indicators with Federal 
entities under this title. 
(B) CONTENTS.—The guidelines developed 
and made publicly available under subpara-
graph (A) shall include guidance on the fol-
lowing: 
(i) Identification of types of informa-
tion that would qualify as a cyber threat 
indicator under this title that would be un-
likely to include information that— 
(I) is not directly related to a cy-
bersecurity threat; and 
(II) is personal information of a 
specific individual or information that 
identifies a specific individual. 
(ii) Identification of types of informa-
tion protected under otherwise applicable 
privacy laws that are unlikely to be directly 
related to a cybersecurity threat. 
(iii) Such other matters as the Attor-
ney General and the Secretary of Homeland 
Security consider appropriate for entities
1686 
sharing cyber threat indicators with Federal 
entities under this title. 
(b) PRIVACY AND CIVIL LIBERTIES.— 
(1) INTERIM
GUIDELINES.—Not later than 60 
days after the date of the enactment of this Act, the 
Attorney General and the Secretary of Homeland Se-
curity shall, in consultation with heads of the appro-
priate Federal entities and in consultation with offi-
cers designated under section 1062 of the National Se-
curity Intelligence Reform Act of 2004 (42 U.S.C. 
2000ee–1), jointly develop, submit to Congress, and 
make available to the public interim guidelines relat-
ing to privacy and civil liberties which shall govern 
the receipt, retention, use, and dissemination of cyber 
threat indicators by a Federal entity obtained in con-
nection with activities authorized in this title. 
(2) FINAL GUIDELINES.— 
(A) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Attorney General and the Secretary of Homeland 
Security shall, in coordination with heads of the 
appropriate Federal entities and in consultation 
with officers designated under section 1062 of the 
National Security Intelligence Reform Act of 
2004 (42 U.S.C. 2000ee–1) and such private en-
1687 
tities with industry expertise as the Attorney 
General and the Secretary consider relevant, 
jointly issue and make publicly available final 
guidelines relating to privacy and civil liberties 
which shall govern the receipt, retention, use, 
and dissemination of cyber threat indicators by 
a Federal entity obtained in connection with ac-
tivities authorized in this title. 
(B) PERIODIC REVIEW.—The Attorney Gen-
eral and the Secretary of Homeland Security 
shall, in coordination with heads of the appro-
priate Federal entities and in consultation with 
officers and private entities described in sub-
paragraph (A), periodically, but not less fre-
quently than once every 2 years, jointly review 
the guidelines issued under subparagraph (A). 
(3) CONTENT.—The guidelines required by para-
graphs (1) and (2) shall, consistent with the need to 
protect 
information 
systems 
from 
cybersecurity 
threats and mitigate cybersecurity threats— 
(A) limit the effect on privacy and civil lib-
erties of activities by the Federal Government 
under this title; 
(B) limit the receipt, retention, use, and 
dissemination of cyber threat indicators con-
1688 
taining personal information of specific individ-
uals or information that identifies specific indi-
viduals, including by establishing— 
(i) a process for the timely destruction 
of such information that is known not to be 
directly related to uses authorized under 
this title; and 
(ii) specific limitations on the length of 
any period in which a cyber threat indi-
cator may be retained; 
(C) include requirements to safeguard cyber 
threat indicators containing personal informa-
tion of specific individuals or information that 
identifies specific individuals from unauthorized 
access or acquisition, including appropriate 
sanctions for activities by officers, employees, or 
agents of the Federal Government in contraven-
tion of such guidelines; 
(D) consistent with this title, any other ap-
plicable provisions of law, and the fair informa-
tion practice principles set forth in appendix A 
of the document entitled ‘‘National Strategy for 
Trusted Identities in Cyberspace’’ and published 
by the President in April 2011, govern the reten-
tion, use, and dissemination by the Federal Gov-
1689 
ernment of cyber threat indicators shared with 
the Federal Government under this title, includ-
ing the extent, if any, to which such cyber threat 
indicators may be used by the Federal Govern-
ment; 
(E) include procedures for notifying entities 
and Federal entities if information received pur-
suant to this section is known or determined by 
a Federal entity receiving such information not 
to constitute a cyber threat indicator; 
(F) protect the confidentiality of cyber 
threat indicators containing personal informa-
tion of specific individuals or information that 
identifies specific individuals to the greatest ex-
tent practicable and require recipients to be in-
formed that such indicators may only be used for 
purposes authorized under this title; and 
(G) include steps that may be needed so 
that dissemination of cyber threat indicators is 
consistent with the protection of classified and 
other sensitive national security information. 
(c) CAPABILITY AND PROCESS WITHIN THE DEPART-
MENT OF HOMELAND SECURITY.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of
1690 
Homeland Security, in coordination with the heads of 
the appropriate Federal entities, shall develop and 
implement a capability and process within the De-
partment of Homeland Security that— 
(A) shall accept from any non-Federal enti-
ty in real time cyber threat indicators and de-
fensive measures, pursuant to this section; 
(B) shall, upon submittal of the certifi-
cation under paragraph (2) that such capability 
and process fully and effectively operates as de-
scribed in such paragraph, be the process by 
which the Federal Government receives cyber 
threat indicators and defensive measures under 
this title that are shared by a non-Federal entity 
with the Federal Government through electronic 
mail or media, an interactive form on an Inter-
net website, or a real time, automated process be-
tween information systems except— 
(i) consistent with section 104, commu-
nications between a Federal entity and a 
non-Federal entity regarding a previously 
shared cyber threat indicator to describe the 
relevant cybersecurity threat or develop a 
defensive measure based on such cyber 
threat indicator; and
1691 
(ii) communications by a regulated 
non-Federal entity with such entity’s Fed-
eral regulatory authority regarding a cyber-
security threat; 
(C) ensures that all of the appropriate Fed-
eral entities receive in an automated manner 
such cyber threat indicators and defensive meas-
ures shared through the real-time process within 
the Department of Homeland Security; 
(D) is in compliance with the policies, pro-
cedures, and guidelines required by this section; 
and 
(E) does not limit or prohibit otherwise 
lawful disclosures of communications, records, or 
other information, including— 
(i) reporting of known or suspected 
criminal activity, by a non-Federal entity 
to any other non-Federal entity or a Fed-
eral entity, including cyber threat indica-
tors or defensive measures shared with a 
Federal entity in furtherance of opening a 
Federal law enforcement investigation; 
(ii) voluntary or legally compelled par-
ticipation in a Federal investigation; and
1692 
(iii) providing cyber threat indicators 
or defensive measures as part of a statutory 
or authorized contractual requirement. 
(2) CERTIFICATION AND DESIGNATION.— 
(A) CERTIFICATION
OF
CAPABILITY
AND 
PROCESS.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of 
Homeland Security shall, in consultation with 
the heads of the appropriate Federal entities, 
submit to Congress a certification as to whether 
the capability and process required by para-
graph (1) fully and effectively operates— 
(i) as the process by which the Federal 
Government receives from any non-Federal 
entity a cyber threat indicator or defensive 
measure under this title; and 
(ii) in accordance with the interim 
policies, procedures, and guidelines devel-
oped under this title. 
(B) DESIGNATION.— 
(i) IN GENERAL.—At any time after 
certification is submitted under subpara-
graph (A), the President may designate an 
appropriate Federal entity, other than the 
Department of Defense (including the Na-
1693 
tional Security Agency), to develop and im-
plement a capability and process as de-
scribed in paragraph (1) in addition to the 
capability and process developed under such 
paragraph by the Secretary of Homeland 
Security, if, not fewer than 30 days before 
making such designation, the President sub-
mits to Congress a certification and expla-
nation that— 
(I) such designation is necessary 
to ensure that full, effective, and secure 
operation of a capability and process 
for the Federal Government to receive 
from any non-Federal entity cyber 
threat indicators or defensive measures 
under this title; 
(II) the designated appropriate 
Federal entity will receive and share 
cyber threat indicators and defensive 
measures in accordance with the poli-
cies, procedures, and guidelines devel-
oped under this title, including sub-
section (a)(3)(A); and 
(III) such designation is con-
sistent with the mission of such appro-
1694 
priate Federal entity and improves the 
ability of the Federal Government to 
receive, share, and use cyber threat in-
dicators and defensive measures as au-
thorized under this title. 
(ii) APPLICATION TO ADDITIONAL CA-
PABILITY AND PROCESS.—If the President 
designates an appropriate Federal entity to 
develop and implement a capability and 
process under clause (i), the provisions of 
this title that apply to the capability and 
process required by paragraph (1) shall also 
be construed to apply to the capability and 
process developed and implemented under 
clause (i). 
(3) PUBLIC NOTICE AND ACCESS.—The Secretary 
of Homeland Security shall ensure there is public no-
tice of, and access to, the capability and process devel-
oped and implemented under paragraph (1) so that— 
(A) any non-Federal entity may share cyber 
threat indicators and defensive measures through 
such process with the Federal Government; and 
(B) all of the appropriate Federal entities 
receive such cyber threat indicators and defensive 
measures in real time with receipt through the
1695 
process within the Department of Homeland Se-
curity consistent with the policies and proce-
dures issued under subsection (a). 
(4) OTHER FEDERAL ENTITIES.—The process de-
veloped and implemented under paragraph (1) shall 
ensure that other Federal entities receive in a timely 
manner any cyber threat indicators and defensive 
measures shared with the Federal Government 
through such process. 
(d) INFORMATION SHARED WITH OR PROVIDED TO 
THE FEDERAL GOVERNMENT.— 
(1) NO
WAIVER
OF
PRIVILEGE
OR
PROTEC-
TION.—The provision of cyber threat indicators and 
defensive measures to the Federal Government under 
this title shall not constitute a waiver of any applica-
ble privilege or protection provided by law, including 
trade secret protection. 
(2) 
PROPRIETARY
INFORMATION.—Consistent 
with section 104(c)(2) and any other applicable pro-
vision of law, a cyber threat indicator or defensive 
measure provided by a non-Federal entity to the Fed-
eral Government under this title shall be considered 
the commercial, financial, and proprietary informa-
tion of such non-Federal entity when so designated by 
the originating non-Federal entity or a third party
1696 
acting in accordance with the written authorization 
of the originating non-Federal entity. 
(3) EXEMPTION
FROM
DISCLOSURE.—A cyber 
threat indicator or defensive measure shared with the 
Federal Government under this title shall be— 
(A) deemed voluntarily shared information 
and exempt from disclosure under section 552 of 
title 5, United States Code, and any State, trib-
al, or local provision of law requiring disclosure 
of information or records; and 
(B) withheld, without discretion, from the 
public under section 552(b)(3)(B) of title 5, 
United States Code, and any State, tribal, or 
local provision of law requiring disclosure of in-
formation or records. 
(4) EX PARTE COMMUNICATIONS.—The provision 
of a cyber threat indicator or defensive measure to the 
Federal Government under this title shall not be sub-
ject to a rule of any Federal agency or department or 
any judicial doctrine regarding ex parte communica-
tions with a decision-making official. 
(5) DISCLOSURE, RETENTION, AND USE.— 
(A) 
AUTHORIZED
ACTIVITIES.—Cyber 
threat indicators and defensive measures pro-
vided to the Federal Government under this title
1697 
may be disclosed to, retained by, and used by, 
consistent with otherwise applicable provisions of 
Federal law, any Federal agency or department, 
component, officer, employee, or agent of the Fed-
eral Government solely for— 
(i) a cybersecurity purpose; 
(ii) the purpose of identifying— 
(I) a cybersecurity threat, includ-
ing the source of such cybersecurity 
threat; or 
(II) a security vulnerability; 
(iii) the purpose of responding to, or 
otherwise preventing or mitigating, a spe-
cific threat of death, a specific threat of se-
rious bodily harm, or a specific threat of se-
rious economic harm, including a terrorist 
act or a use of a weapon of mass destruc-
tion; 
(iv) the purpose of responding to, in-
vestigating, prosecuting, or otherwise pre-
venting or mitigating, a serious threat to a 
minor, including sexual exploitation and 
threats to physical safety; or 
(v) the purpose of preventing, inves-
tigating, disrupting, or prosecuting an of-
1698 
fense arising out of a threat described in 
clause (iii) or any of the offenses listed in— 
(I) sections 1028 through 1030 of 
title 18, United States Code (relating 
to fraud and identity theft); 
(II) chapter 37 of such title (relat-
ing to espionage and censorship); and 
(III) chapter 90 of such title (re-
lating to protection of trade secrets). 
(B) PROHIBITED ACTIVITIES.—Cyber threat 
indicators and defensive measures provided to 
the Federal Government under this title shall not 
be disclosed to, retained by, or used by any Fed-
eral agency or department for any use not per-
mitted under subparagraph (A). 
(C) PRIVACY AND CIVIL LIBERTIES.—Cyber 
threat indicators and defensive measures pro-
vided to the Federal Government under this title 
shall be retained, used, and disseminated by the 
Federal Government— 
(i) in accordance with the policies, 
procedures, and guidelines required by sub-
sections (a) and (b);
1699 
(ii) in a manner that protects from 
unauthorized use or disclosure any cyber 
threat indicators that may contain— 
(I) personal information of a spe-
cific individual; or 
(II) information that identifies a 
specific individual; and 
(iii) in a manner that protects the con-
fidentiality of cyber threat indicators con-
taining— 
(I) personal information of a spe-
cific individual; or 
(II) information that identifies a 
specific individual. 
(D) FEDERAL REGULATORY AUTHORITY.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), cyber threat indicators and 
defensive measures provided to the Federal 
Government under this title shall not be 
used by any Federal, State, tribal, or local 
government to regulate, including an en-
forcement action, the lawful activities of 
any non-Federal entity or any activities 
taken by a non-Federal entity pursuant to 
mandatory standards, including activities
1700 
relating to monitoring, operating defensive 
measures, or sharing cyber threat indica-
tors. 
(ii) EXCEPTIONS.— 
(I) REGULATORY AUTHORITY SPE-
CIFICALLY
RELATING
TO
PREVENTION 
OR
MITIGATION
OF
CYBERSECURITY 
THREATS.—Cyber 
threat 
indicators 
and defensive measures provided to the 
Federal Government under this title 
may, consistent with Federal or State 
regulatory authority specifically relat-
ing to the prevention or mitigation of 
cybersecurity threats to information 
systems, inform the development or im-
plementation of regulations relating to 
such information systems. 
(II) 
PROCEDURES
DEVELOPED 
AND
IMPLEMENTED
UNDER
THIS 
TITLE.—Clause (i) shall not apply to 
procedures developed and implemented 
under this title. 
SEC. 106. PROTECTION FROM LIABILITY. 
(a) MONITORING
OF INFORMATION SYSTEMS.—No 
cause of action shall lie or be maintained in any court
1701 
against any private entity, and such action shall be 
promptly dismissed, for the monitoring of an information 
system and information under section 104(a) that is con-
ducted in accordance with this title. 
(b) SHARING OR RECEIPT OF CYBER THREAT INDICA-
TORS.—No cause of action shall lie or be maintained in 
any court against any private entity, and such action shall 
be promptly dismissed, for the sharing or receipt of a cyber 
threat indicator or defensive measure under section 104(c) 
if— 
(1) such sharing or receipt is conducted in ac-
cordance with this title; and 
(2) in a case in which a cyber threat indicator 
or defensive measure is shared with the Federal Gov-
ernment, the cyber threat indicator or defensive meas-
ure is shared in a manner that is consistent with sec-
tion 105(c)(1)(B) and the sharing or receipt, as the 
case may be, occurs after the earlier of— 
(A) the date on which the interim policies 
and procedures are submitted to Congress under 
section 105(a)(1) and guidelines are submitted to 
Congress under section 105(b)(1); or 
(B) the date that is 60 days after the date 
of the enactment of this Act.
1702 
(c) CONSTRUCTION.—Nothing in this title shall be con-
strued— 
(1) to create— 
(A) a duty to share a cyber threat indicator 
or defensive measure; or 
(B) a duty to warn or act based on the re-
ceipt of a cyber threat indicator or defensive 
measure; or 
(2) to undermine or limit the availability of oth-
erwise applicable common law or statutory defenses. 
SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVITIES. 
(a) REPORT ON IMPLEMENTATION.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this title, the heads of the 
appropriate Federal entities shall jointly submit to 
Congress a detailed report concerning the implemen-
tation of this title. 
(2) CONTENTS.—The report required by para-
graph (1) may include such recommendations as the 
heads of the appropriate Federal entities may have 
for improvements or modifications to the authorities, 
policies, procedures, and guidelines under this title 
and shall include the following: 
(A) An evaluation of the effectiveness of 
real-time information sharing through the capa-
1703 
bility and process developed under section 
105(c), including any impediments to such real- 
time sharing. 
(B) An assessment of whether cyber threat 
indicators or defensive measures have been prop-
erly classified and an accounting of the number 
of security clearances authorized by the Federal 
Government for the purpose of sharing cyber 
threat indicators or defensive measures with the 
private sector. 
(C) The number of cyber threat indicators 
or defensive measures received through the capa-
bility and process developed under section 
105(c). 
(D) A list of Federal entities that have re-
ceived cyber threat indicators or defensive meas-
ures under this title. 
(b) BIENNIAL REPORT ON COMPLIANCE.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of this Act and not less fre-
quently than once every 2 years thereafter, the inspec-
tors general of the appropriate Federal entities, in 
consultation with the Inspector General of the Intel-
ligence Community and the Council of Inspectors 
General on Financial Oversight, shall jointly submit
1704 
to Congress an interagency report on the actions of 
the executive branch of the Federal Government to 
carry out this title during the most recent 2-year pe-
riod. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include, for the period covered by 
the report, the following: 
(A) An assessment of the sufficiency of the 
policies, procedures, and guidelines relating to 
the sharing of cyber threat indicators within the 
Federal Government, including those policies, 
procedures, and guidelines relating to the re-
moval of information not directly related to a 
cybersecurity threat that is personal information 
of a specific individual or information that iden-
tifies a specific individual. 
(B) An assessment of whether cyber threat 
indicators or defensive measures have been prop-
erly classified and an accounting of the number 
of security clearances authorized by the Federal 
Government for the purpose of sharing cyber 
threat indicators or defensive measures with the 
private sector. 
(C) A review of the actions taken by the 
Federal Government based on cyber threat indi-
1705 
cators or defensive measures shared with the Fed-
eral Government under this title, including a re-
view of the following: 
(i) The appropriateness of subsequent 
uses and disseminations of cyber threat in-
dicators or defensive measures. 
(ii) Whether cyber threat indicators or 
defensive measures were shared in a timely 
and adequate manner with appropriate en-
tities, or, if appropriate, were made pub-
licly available. 
(D) An assessment of the cyber threat indi-
cators or defensive measures shared with the ap-
propriate Federal entities under this title, in-
cluding the following: 
(i) The number of cyber threat indica-
tors or defensive measures shared through 
the capability and process developed under 
section 105(c). 
(ii) An assessment of any information 
not directly related to a cybersecurity threat 
that is personal information of a specific 
individual or information identifying a 
specific individual and was shared by a 
non-Federal government entity with the
1707 
(v) The adequacy of any steps taken by 
the Federal Government to reduce any ad-
verse effect from activities carried out under 
this title on the privacy and civil liberties 
of United States persons. 
(E) An assessment of the sharing of cyber 
threat indicators or defensive measures among 
Federal entities to identify inappropriate bar-
riers to sharing information. 
(3) RECOMMENDATIONS.—Each report submitted 
under this subsection may include such recommenda-
tions as the inspectors general may have for improve-
ments or modifications to the authorities and proc-
esses under this title. 
(c) INDEPENDENT REPORT
ON REMOVAL
OF PER-
SONAL INFORMATION.—Not later than 3 years after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report on the ac-
tions taken by the Federal Government to remove personal 
information from cyber threat indicators or defensive meas-
ures pursuant to this title. Such report shall include an 
assessment of the sufficiency of the policies, procedures, and 
guidelines established under this title in addressing con-
cerns relating to privacy and civil liberties.
1708 
(d) FORM OF REPORTS.—Each report required under 
this section shall be submitted in an unclassified form, but 
may include a classified annex. 
(e) PUBLIC AVAILABILITY OF REPORTS.—The unclas-
sified portions of the reports required under this section 
shall be made available to the public. 
SEC. 108. CONSTRUCTION AND PREEMPTION. 
(a) OTHERWISE LAWFUL DISCLOSURES.—Nothing in 
this title shall be construed— 
(1) to limit or prohibit otherwise lawful disclo-
sures of communications, records, or other informa-
tion, including reporting of known or suspected 
criminal activity, by a non-Federal entity to any 
other non-Federal entity or the Federal Government 
under this title; or 
(2) to limit or prohibit otherwise lawful use of 
such disclosures by any Federal entity, even when 
such otherwise lawful disclosures duplicate or rep-
licate disclosures made under this title. 
(b) WHISTLE BLOWER PROTECTIONS.—Nothing in 
this title shall be construed to prohibit or limit the disclo-
sure of information protected under section 2302(b)(8) of 
title 5, United States Code (governing disclosures of ille-
gality, waste, fraud, abuse, or public health or safety 
threats), section 7211 of title 5, United States Code (gov-