Intelligence Authorization Legislation for FY2016: Selected Provisions

This report briefly highlights key provisions of H.R. 2596, the Intelligence Authorization Act for Fiscal Year 2016 (IAA for FY2016), which provides guidance to, and authorizes appropriations for, components of the U.S. Intelligence Community (IC).

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) Section and Focus §304. JIEDDO and CTP intelligence-related fund transfers.a §305. Designation of lead intelligence officer for tunnels. §306. PCLOB and access to information related to covert action. Provision Summary Requires notification to the congressional intelligence committees before transferring funds from the JIEDDO and CTP funds for intelligence activities. Requires the DNI to designate an official to manage the collection and analysis of intelligence regarding the tactical use of tunnels by State and non-State actors. Clarifies the Intelligence Reform and Terrorism Prevention Act of 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 Related provisions in House bills H.R. 1735 §1542, the House version of the NDAA for FY2016, is related to the JIEDDO fund. H.R. 1735 §1267 is related to U.S.-Israel anti-tunnel defense cooperation. No corresponding provision. §309. National CTIIC. §321. Transfer from GTMO to U.S. §322. GTMO facilities. §323. Transfer from GTMO to combat zone. §331. A report on the prisoner population at GTMO. §332. Reports on Foreign Fighters. §334. Report on use of certain business concerns. action. Establishes the CTIIC within the ODNI. Specifies the missions of the CTIIC and imposes certain limitations regarding the center's personnel and location. Prohibits use of funds to transfer, or release, or assist in the transfer or release of individuals detained at GTMO to, or within the United States, its territories, or possessions. Prohibits use of funds to construct or modify facilities in the United States to house detainees transferred from GTMO. Prohibits the use of funds during calendar year 2016 to be used to transfer, or release, an individual detained at GTMO, who is in the custody or control of the DOD, to a combat zone. Requires the Director of DIA, in coordination with the DNI, to 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. Requires the DNI to submit a report every 60 days for the three 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.) Requires the DNI to submit to the congressional intelligence committees a report on the representation of covered business concerns—including minorityowned, women-owned, small disadvantaged, service-disabled H.R. 1560 §4 establishes a CTIIC within the ODNI with virtually identical mission and limitation provisions. H.R. 1735 §1036 is virtually identical. H.R. 1735 §1037 is virtually identical. H.R. 1735 §1038 is virtually identical. No corresponding provision. No corresponding provision. No corresponding provision. veteran-owned, and veteranowned 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.