Intelligence Authorization Legislation for FY2016: Selected Provisions

Intelligence Authorization Legislation for FY2016: Selected Provisions

CRS Insights
Intelligence Authorization Legislation for FY2016: Selected Provisions
Anne Daugherty Miles, Analyst in Intelligence and National Security Policy (amiles@crs.loc.gov, 7-7739)
June 15, 2015 (IN10291)
The congressional intelligence committees include the Senate Select Committee on Intelligence (SSCI) and the
House Permanent Select Committee on Intelligence (HPSCI) (50 U.S.C. §401(a)(6)). The HPSCI recently reported
H.R. 2596, the Intelligence Authorization Act for Fiscal Year 2016 (IAA for FY2016), for consideration by the
House of Representatives. The bill provides guidance to, and authorizes appropriations for, components of the
U.S. Intelligence Community (IC) as defined in 50 U.S.C. §401a(4).
Each intelligence authorization bill is accompanied by a "Classified Annex" that contains a schedule of
authorization budget numbers as well as committee guidance and requirements that directly pertain to the
classified material and cannot be disclosed publicly. Both intelligence committees make the Annex available for
review by Members of their respective chambers, subject to appropriate disclosure restrictions. The SSCI has not
yet released its version of the intelligence bill.
Selected Legislative Provisions in H.R. 2596
Table 1 highlights a number of provisions in H.R. 2596. In several cases, similar or complementary language
exists in other legislation already passed by the House. Sections 304, 305, and 321-323 correspond to sections in
H.R. 1735, the National Defense Authorization Act (NDAA) for FY2016, passed by the House of Representatives
on May 15, 2015. Section 309 corresponds to a section in H.R. 1560, the Protecting Cyber Networks Act, passed
by the House of Representatives on April 22, 2015. A list of acronyms used in Table 1 is provided in the table
notes.
Table 1. The IAA for FY2016 (H.R. 2596): Selected Provisions
(to include analogous provisions in other House bills in the 114th Congress)
Related provisions in House
Section and Focus
Provision Summary
bills
§304. JIEDDO and CTP Requires notification to the
H.R. 1735 §1542, the House
intelligence-related
congressional intelligence
version of the NDAA for
fund transfers.a
committees before transferring
FY2016, is related to the
funds from the JIEDDO and CTP
JIEDDO fund.
funds for intelligence activities.
§305. Designation of
Requires the DNI to designate an
H.R. 1735 §1267 is related
lead intelligence officer official to manage the collection
to U.S.-Israel anti-tunnel
for tunnels.
and analysis of intelligence
defense cooperation.
regarding the tactical use of
tunnels by State and non-State
actors.
§306. PCLOB and
Clarifies the Intelligence Reform
No corresponding
access to information
and Terrorism Prevention Act of
provision.
related to covert action. 2004 to direct that nothing in the
statute authorizing the PCLOB
should be construed to allow that
Board to gain access to
information the executive branch
deems to be related to covert

action.
§309. National CTIIC.
Establishes the CTIIC within the
H.R. 1560 §4 establishes a
ODNI. Specifies the missions of
CTIIC within the ODNI
the CTIIC and imposes certain
with virtually identical
limitations regarding the center's
mission and limitation
personnel and location.
provisions.
§321. Transfer from
Prohibits use of funds to transfer,
H.R. 1735 §1036 is
GTMO to U.S.
or release, or assist in the transfer
virtually identical.
or release of individuals detained
at GTMO to, or within the United
States, its territories, or
possessions.
§322. GTMO facilities.
Prohibits use of funds to construct
H.R. 1735 §1037 is
or modify facilities in the United
virtually identical.
States to house detainees
transferred from GTMO.
§323. Transfer from
Prohibits the use of funds during
H.R. 1735 §1038 is
GTMO to combat zone. calendar year 2016 to be used to
virtually identical.
transfer, or release, an individual
detained at GTMO, who is in the
custody or control of the DOD, to
a combat zone.
§331. A report on the
Requires the Director of DIA, in
No corresponding
prisoner population at
coordination with the DNI, to
provision.
GTMO.
submit a report to the Majority and
Minority Leaders of the House
and Senate, intelligence
committees, armed services
committees and appropriations
committees. The report
requirements are extensive.
§332. Reports on
Requires the DNI to submit a
No corresponding
Foreign Fighters.
report every 60 days for the three
provision.
years following the enactment of
this act to the congressional
intelligence committees on foreign
fighter flows to and from Syria
and Iraq. The report requirements
are extensive and include total
numbers for both foreign fighters
and U.S. persons who have
traveled or attempted to travel to
Syria or Iraq since January 1,
2011. (The DNI is directed to
define the term "foreign fighter" in
such reports.)
§334. Report on use of
Requires the DNI to submit to the
No corresponding
certain business
congressional intelligence
provision.
concerns.
committees a report on the
representation of covered business
concerns—including minority-
owned, women-owned, small
disadvantaged, service-disabled

veteran-owned, and veteran-
owned small businesses—among
the contractors that are awarded
contracts by the intelligence
community for goods, equipment,
tools and services.
Source: CRS based on H.R. 2596, H.R. 1735, H.R. 1560 and H.Rept. 114-144.
Notes:
a. Acronyms: CTIIC—Cyber Threat Intelligence Integration Center; CTP—Counterterrorism
Partnerships fund; DNI—Director of National Intelligence; GTMO—U.S. Naval Station,
Guantanamo Bay, Cuba; JIEDDO—Joint Improvised Explosive Device Defeat Organization;
NDAA—National Defense Authorization Act; ODNI—Office of the Director of National
Intelligence; PCLOB—Privacy and Civil Liberties Oversight Board.