H. R. 1735—387 
‘‘(2) Not later than 48 hours after using the waiver authority 
under paragraph (1) for any facility for intelligence collection con-
ducted under the authorities of the Department of Defense or special 
operations activity, the Secretary of Defense shall submit to the 
appropriate congressional committees written notification of the 
use of the authority, including the justification for the waiver and 
the estimated cost of the project for which the waiver applies. 
‘‘(3) In this subsection, the term ‘appropriate congressional 
committees’ means the following: 
‘‘(A) With respect to a waiver regarding special operations 
activities, the congressional defense committees. 
‘‘(B) With respect to a waiver regarding intelligence collec-
tion conducted under the authorities of the Department of 
Defense— 
‘‘(i) the congressional defense committees; and 
‘‘(ii) the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of 
the House of Representatives.’’. 
(b) CODIFICATION OF SUNSET PROVISION.— 
(1) CODIFICATION.—Section 2682(c) of title 10, United 
States Code, is further amended by inserting after paragraph 
(3), as added by subsection (a)(2), the following new paragraph: 
‘‘(4) The waiver authority provided by paragraph (1) expires 
December 31, 2020.’’. 
(2) CONFORMING
REPEAL.—Subsection (b) of section 926 
of the National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1541; 10 U.S.C. 2682 note) 
is repealed. 
SEC. 1633. PROHIBITION ON NATIONAL INTELLIGENCE PROGRAM 
CONSOLIDATION. 
(a) PROHIBITION.—No amounts authorized to be appropriated 
or otherwise made available to the Department of Defense may 
be used during the period beginning on the date of the enactment 
of this Act and ending on December 31, 2016, to execute— 
(1) the separation of the National Intelligence Program 
budget from the Department of Defense budget; 
(2) the consolidation of the National Intelligence Program 
budget within the Department of Defense budget; or 
(3) the establishment of a new appropriations account or 
appropriations account structure for the National Intelligence 
Program budget. 
(b) DEFINITIONS.—In this section: 
(1) NATIONAL INTELLIGENCE PROGRAM.—The term ‘‘National 
Intelligence Program’’ has the meaning given the term in sec-
tion 3 of the National Security Act of 1947 (50 U.S.C. 3003). 
(2) NATIONAL INTELLIGENCE PROGRAM BUDGET.—The term 
‘‘National Intelligence Program budget’’ means the portions of 
the Department of Defense budget designated as part of the 
National Intelligence Program. 
SEC. 1634. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF 
THE UNDER SECRETARY OF DEFENSE FOR INTEL-
LIGENCE. 
Of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2016 for the Department 
of Defense for the Office of the Under Secretary of Defense for 
Intelligence, not more than 75 percent may be obligated or expended
H. R. 1735—388 
for such Office until the Secretary of Defense identifies the intel-
ligence gaps and establishes the written policy required by section 
922 of the National Defense Authorization Act for Fiscal Year 
2014 (Public Law 113–66; 127 Stat. 828). 
SEC. 1635. DEPARTMENT OF DEFENSE INTELLIGENCE NEEDS. 
(a) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional defense committees and the congres-
sional intelligence committees a report on how the Director ensures 
that the National Intelligence Program budgets for the elements 
of the intelligence community that are within the Department of 
Defense are adequate to satisfy the national intelligence needs 
of the Department as required under section 102A(p) of the National 
Security Act of 1947 (50 U.S.C. 3024(p)). Such report shall include 
a description of how the Director incorporates the needs of the 
Chairman of the Joint Chiefs of Staff and the commanders of 
the unified and specified commands into the metrics used to 
evaluate the performance of the elements of the intelligence commu-
nity that are within the Department of Defense in conducting 
intelligence activities funded under the National Intelligence Pro-
gram. 
(b) DEFINITIONS.—In this section, the terms ‘‘congressional 
intelligence committees’’, ‘‘intelligence community’’, and ‘‘National 
Intelligence Program’’ have the meanings given such terms in sec-
tion 3 of the National Security Act of 1947 (50 U.S.C. 3003). 
SEC. 1636. REPORT ON MANAGEMENT OF CERTAIN PROGRAMS OF 
DEFENSE INTELLIGENCE ELEMENTS. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Intel-
ligence shall submit to the appropriate congressional committees 
a report on the management of science and technology research 
and development programs and foreign materiel exploitation pro-
grams of Defense intelligence elements. 
(b) MATTERS INCLUDED.—The report under subsection (a) shall 
include the following: 
(1) An assessment of the management of each Defense 
intelligence element that is responsible for work relating to 
the programs described in subsection (a), including with respect 
to the policies, procedures, and organizational structures of 
such element relating to the management and coordination 
of such work across such elements. 
(2) Recommendations to improve the coordination and 
organization of such elements. 
(3) Identification of options for realigning such elements 
within the Department of Defense to better meet the needs 
of the Department and reduce unnecessary overhead. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the congressional defense committees; 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(C) the Select Committee on Intelligence of the Senate. 
(2) The term ‘‘Defense intelligence element’’ has the 
meaning given that term in section 429(e) of title 10, United 
States Code.
H. R. 1735—389 
SEC. 1637. REPORT ON AIR NATIONAL GUARD CONTRIBUTIONS TO 
THE RQ–4 GLOBAL HAWK MISSION. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Air Force, in 
coordination with the Chief of Staff of the Air Force and the Chief 
of the National Guard Bureau, shall submit to Congress a report 
on the feasibility of using the Air National Guard in association 
with the active duty Air Force to operate and maintain the RQ– 
4 Global Hawk. 
(b) CONTENTS.—The report required by subsection (a) shall 
include the following: 
(1) An assessment of the costs, training requirements, and 
personnel required to create an association for the Global Hawk 
mission consisting of members of the Air Force serving on 
active duty and members of the Air National Guard. 
(2) The capacity of the Air National Guard to support 
an association described in paragraph (1). 
SEC. 1638. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF INTEL-
LIGENCE INPUT TO THE DEFENSE ACQUISITION PROCESS. 
(a) REVIEW.—The Comptroller General of the United States 
shall carry out a comprehensive review of the processes and proce-
dures for the integration of intelligence into the defense acquisition 
process, consistent with the provision of classified information, and 
intelligence sources and methods. 
(b) REQUIREMENTS.—The review required by subsection (a) 
shall— 
(1) identify processes and procedures for the integration 
of intelligence into the decision process, including with respect 
to the staffing and training of Defense intelligence personnel 
assigned to program offices, for the acquisition of weapon sys-
tems from initial requirements through the milestones process 
and upon final delivery; and 
(2) include a review of processes and procedures for— 
(A) the integration of intelligence on foreign capabili-
ties into the acquisition process from initial requirement 
through deployment; 
(B) identifying opportunities for weapons systems to 
collect intelligence, without regard to whether that is the 
primary mission of such systems, and the plans for 
exploiting the collection of such intelligence; and 
(C) assessing the requirements weapon systems will 
place on the Defense Intelligence Enterprise once the 
weapons systems are deployed. 
(c) REPORT.—Not later than 270 days after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the congressional defense committees, the Select Committee on 
Intelligence of the Senate, and the Permanent Select Committee 
on Intelligence of the House of Representatives a report containing 
the results of the review required by subsection (a).
H. R. 1735—390 
Subtitle C—Cyberspace-Related Matters 
SEC. 1641. CODIFICATION AND ADDITION OF LIABILITY PROTECTIONS 
RELATING TO REPORTING ON CYBER INCIDENTS OR 
PENETRATIONS OF NETWORKS AND INFORMATION SYS-
TEMS OF CERTAIN CONTRACTORS. 
(a) CODIFICATION
AND
AMENDMENT.—Section 941 of the 
National Defense Authorization Act for Fiscal Year 2013 (Public 
Law 112–239; 126 Stat. 1889; 10 U.S.C. 2224 note) is transferred 
to chapter 19 of title 10, United States Code, inserted so as to 
appear after section 392, redesignated as section 393, and 
amended— 
(1) by amending the section heading to read as follows: 
‘‘§ 393. Reporting on penetrations of networks and informa-
tion systems of certain contractors’’; 
(2) by striking paragraph (3) of subsection (c) and inserting 
the following new paragraph (3): 
‘‘(3) DISSEMINATION
OF
INFORMATION.—The procedures 
established pursuant to subsection (a) shall limit the dissemina-
tion of information obtained or derived through such procedures 
to entities— 
‘‘(A) with missions that may be affected by such 
information; 
‘‘(B) that may be called upon to assist in the diagnosis, 
detection, or mitigation of cyber incidents; 
‘‘(C) that conduct counterintelligence or law enforce-
ment investigations; or 
‘‘(D) for national security purposes, including cyber 
situational awareness and defense purposes.’’; and 
(3) by striking subsection (d) and inserting the following 
new subsection (d): 
‘‘(d) PROTECTION FROM LIABILITY OF CLEARED DEFENSE CON-
TRACTORS.—(1) No cause of action shall lie or be maintained in 
any court against any cleared defense contractor, and such action 
shall be promptly dismissed, for compliance with this section that 
is conducted in accordance with the procedures established pursuant 
to subsection (a). 
‘‘(2)(A) Nothing in this section shall be construed— 
‘‘(i) to require dismissal of a cause of action against a 
cleared defense contractor that has engaged in willful mis-
conduct in the course of complying with the procedures estab-
lished pursuant to subsection (a); or 
‘‘(ii) to undermine or limit the availability of otherwise 
applicable common law or statutory defenses. 
‘‘(B) In any action claiming that paragraph (1) does not apply 
due to willful misconduct described in subparagraph (A), the plain-
tiff shall have the burden of proving by clear and convincing evi-
dence the willful misconduct by each cleared defense contractor 
subject to such claim and that such willful misconduct proximately 
caused injury to the plaintiff. 
‘‘(C) In this subsection, the term ‘willful misconduct’ means 
an act or omission that is taken— 
‘‘(i) intentionally to achieve a wrongful purpose; 
‘‘(ii) knowingly without legal or factual justification; and