Friday, December 02, 2016

The War

This bill passed the House on November 30, 2016.

HR 6393.

Here is a key section:

Title V—Matters relating to foreign countries

Sec. 501. Committee to counter active measures by the Russian Federation to exert covert influence over peoples and governments.
Sec. 502. Limitation on travel of accredited diplomats and consulars of the Russian Federation in the United States from their diplomatic post.
Sec. 503. Study and report on enhanced intelligence and information sharing with Open Skies Treaty member states.

Here is the entirety of Title V. Bold face is mine.

Matters relating to foreign countries

501.Committee to counter active measures by the Russian Federation to exert covert influence over peoples and governments

(a)Definitions
In this section:

 (1)Active measures by Russia to exert covert influence
The term active measures by Russia to exert covert influence means activities intended to influence a person or government that are carried out in coordination with, or at the behest of, political leaders or the security services of the Russian Federation and the role of the Russian Federation has been hidden or not acknowledged publicly, including the following:

(A)Establishment or funding of a front group.
(B)Covert broadcasting.
(C)Media manipulation.
(D)Disinformation and forgeries.

(E)Funding agents of influence.
(F)Incitement and offensive counterintelligence.
(G)Assassinations.
(H)Terrorist acts.
(2)Appropriate committees of Congress
The term appropriate committees of Congress means—

(A)the congressional intelligence committees;
(B)the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(C)the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(b)Establishment
There is established within the executive branch an interagency committee to counter active measures by the Russian Federation to exert covert influence.

(c)Membership
(1)In general
(A)Appointment
Each head of an agency or department of the United States Government set out under subparagraph (B) shall appoint one member of the committee established by subsection (b) from among officials of such agency or department who occupy a position that is required to be appointed by the President, with the advice and consent of the Senate.

(B)Head of an agency or department
The head of an agency or department of the United States Government set out under this subparagraph are the following:

(i)The Director of National Intelligence.
(ii)The Secretary of State.
(iii)The Secretary of Defense.
(iv)The Secretary of the Treasury.
(v)The Attorney General.
(vi)The Secretary of Energy.
(vii)The Director of the Federal Bureau of Investigation.
(viii)The head of any other agency or department of the United States Government designated by the President for purposes of this section.

(d)Meetings
The committee shall meet on a regular basis.

(e)Duties
The duties of the committee established by subsection (b) shall be as follows:

(1)To counter active measures by Russia to exert covert influence, including by exposing falsehoods, agents of influence, corruption, human rights abuses, terrorism, and assassinations carried out by the security services or political elites of the Russian Federation or their proxies.
(2)Such other duties as the President may designate for purposes of this section.
(f)Staff
The committee established by subsection (b) may employ such staff as the members of such committee consider appropriate.

(g)Budget request
A request for funds required for the functioning of the committee established by subsection (b) may be included in each budget for a fiscal year submitted by the President pursuant to section 1105(a) of title 31, United States Code.

(h)Annual report
(1)Requirement
Not later than 180 days after the date of the enactment of this Act, and annually thereafter, and consistent with the protection of intelligence sources and methods, the committee established by subsection (b) shall submit to the appropriate committees of Congress a report describing steps being taken by the committee to counter active measures by Russia to exert covert influence.

(2)Matters included
Each report under paragraph (1) shall include a summary of the following:

(A)Active measures by Russia to exert covert influence during the previous year, including significant incidents and notable trends.
(B)Key initiatives of the committee.
(C)Implementation of the committee’s initiatives by the heads of the agencies and departments of the United States Government specified in subsection (c)(1)(B).
(D)Analysis of the success of such initiatives.
(E)Changes to such initiatives from the previous year.
(3)Separate reporting requirement
The requirement to submit an annual report under paragraph (1) is in addition to any other reporting requirements with respect to Russia.

502.Limitation on travel of accredited diplomats and consulars of the Russian Federation in the United States from their diplomatic post
(a)Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—

(1)the congressional intelligence committees;
(2)the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and
(3)the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
(b)Quarterly limitation on travel distance
Accredited diplomatic personnel and consulars of the Russian Federation in the United States may not be permitted to travel a distance in excess of 25 miles from their diplomatic post in the United States in a calendar quarter unless, on or before the last day of the preceding calendar quarter, the Director of the Federal Bureau of Investigation has certified in writing to the appropriate committees of Congress that during the preceding calendar quarter the Bureau did not identify any violations by accredited diplomatic personnel and consulars of the Russian Federation of applicable requirements to notify the United States Government in connection with travel by such diplomatic personnel and consulars of a distance in excess of 25 miles from their diplomatic post in the United States.

(c)Applicability
Subsection (b) shall apply to each calendar quarter that begins more than 90 days after the date of the enactment of this Act.

(d)Waiver authority
(1)In general
The Director of the Federal Bureau of Investigation may waive any travel distance limitation imposed by subsection (b) if the Director determines that such a waiver will further the law enforcement or national security interests of the United States.

(2)Notification
Not later than 15 days after issuing a waiver under paragraph (1), the Director of the Federal Bureau of Investigation shall submit to the appropriate committees of Congress a notification that such waiver has been issued and the justification for the issuance of such waiver.

503.Study and report on enhanced intelligence and information sharing with Open Skies Treaty member states
(a)Definitions
In this section:

(1)Appropriate committees of Congress
The term appropriate committees of Congress means—

(A)congressional intelligence committees;
(B)the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(C)the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(2)Covered state party
The term covered state party means a foreign country, that—

(A)was a state party to the Open Skies Treaty on February 22, 2016; and
(B)is not the Russian Federation or the Republic of Belarus.
(3)Open Skies Treaty
The term Open Skies Treaty means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.

(b)Feasibility study
(1)Requirement for study
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall conduct and submit to the appropriate committees of Congress a study to determine the feasibility of creating an intelligence sharing arrangement and database to provide covered state parties with imagery that is comparable, delivered more frequently, and in equal or higher resolution than imagery available through the database established under the Open Skies Treaty.

(2)Elements
The study required by paragraph (1) shall include an evaluation of the following:

(A)The methods by which the United States could collect and provide imagery, including commercial satellite imagery, national technical means, and through other intelligence, surveillance, and reconnaissance platforms, under an information sharing arrangement and database referred to in paragraph (1).
(B)The ability of other covered state parties to contribute imagery to the arrangement and database.
(C)Any impediments to the United States and other covered states parties providing such imagery, including any statutory barriers, insufficiencies in the ability to collect the imagery or funding, under such an arrangement.
(D)Whether imagery of Moscow, Chechnya, the international border between Russia and Georgia, Kaliningrad, or the Republic of Belarus could be provided under such an arrangement.
(E)The annual and projected costs associated with the establishment of such an arrangement and database, as compared with costs to the United States and other covered state parties of being parties to the Open Skies Treaty, including Open Skies Treaty plane maintenance, aircraft fuel, crew expenses, mitigation measures necessary associated with Russian Federation overflights over the United States or covered state parties, and new sensor development and acquisition.
(3)Support from other Federal agencies
Each head of a Federal agency shall provide such support to the Director as may be necessary for the Director to conduct the study required by paragraph (1).

(c)Report
(1)Requirement for report
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress the report described in this subsection.

(2)Content of report
The report required by paragraph (1) shall include the following:

(A)An intelligence assessment on Russian Federation warfighting doctrine and the extent to which Russian Federation flights under the Open Skies Treaty contribute to such doctrine.
(B)A counterintelligence analysis as to whether the Russian Federation has, could have, or intends to have the capability to exceed the imagery limits set forth in the Open Skies Treaty.
(C)A list of intelligence exchanges with covered state parties that have been updated on the information described in subparagraphs (A) and (B) and the date and form such information was provided.

(d)Form of submission
The study required by subsection (b) and the report required by subsection (c) shall be submitted in an unclassified form but may include a classified annex.

Read between the lines.

Who is in? Who is out?

What do we say? What can't we say?

Are my words my own?

Or are they the words of a covert proxy for a covert organization running a covert operation on behalf of the Russian Federation, covertly?

Is it possible my information is not my own, but like a virus on my computer, is really information infecting me from the Russians?

If it is not possible, it soon will be.

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