HR-2596 : Still Just a Bill

Intelligence Authorization Act for Fiscal Year 2016

Authorizes FY2016 appropriations for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency; (5) National Security Agency; (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy, and Justice; (9) Federal Bureau of Investigation; (10) Drug Enforcement Administration; (11) National Reconnaissance Office; (12) National Geospatial-Intelligence Agency; and (13) Department of Homeland Security.

Allows the DNI, if it provides prior notification to Congress, to authorize employment of civilian personnel in excess of the number authorized for FY2016 when necessary for the performance of important intelligence functions.

Authorizes appropriations for FY2016 for: (1) the Intelligence Community Management Account, and (2) the Central Intelligence Agency Retirement and Disability Fund.

Prohibits initiation of a new special access program imposing access requirements for an intelligence-related activity or covert action that exceed those normally required for information at the same classification level, or of a transfer of funds from the Joint Improvised Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund to be used for intelligence activities, unless the DNI or DOD: (1) notifies Congress at least 30 days before initiating the program or transfer, or (2) waives such prohibition in an emergency situation and notifies Congress within 48 hours after initiation of the program or transfer.

Requires the DNI to designate an official to manage intelligence regarding the tactical use of tunnels by state and non-state actors.

Prohibits the Intelligence Reform and Terrorism Prevention Act of 2004 from being construed to authorize the Privacy and Civil Liberties Oversight Board to gain access to information that an executive branch agency deems related to covert action.

Requires the DNI to establish a formal internal reporting process for tracking requests for country clearance submitted to overseas DNI representatives by U.S. agencies.

Prohibits funds from being used to respond to or share any non-public information related to intelligence activities carried out by the United States in response to a legislative or judicial inquiry from a foreign government into U.S. intelligence activities.

Establishes a Cyber Threat Intelligence Integration Center within the Office of the DNI to: (1) serve as the primary organization within the federal government for analyzing and integrating all intelligence possessed or acquired by the United States pertaining to cyber threats; (2) ensure that appropriate federal agencies have access to and receive all-source intelligence support needed to execute cyber threat intelligence activities and perform independent, alternative analyses; (3) disseminate cyber threat analysis to the President and appropriate federal agencies and congressional committees; and (4) coordinate cyber threat intelligence activities and strategic planning for the federal government.

Transfers from the DNI's Director of the Office of Business Transformation to the Chief Information Officer of the Intelligence Community the responsibility to make the certifications necessary to obligate funds for an intelligence community business system transformation that will have a total cost in excess of $3 million. Removes a requirement that the certifications for such a transformation be approved by a DNI governance board. Deems certified transformations to be in compliance with defense business system requirements.

Includes the Inspector General of the Intelligence Community within the Council of the Inspectors General on Integrity and Efficiency.

Authorizes the CIA Inspector General to request information or assistance from state or local governmental agencies.

Allows the Government Accountability Office, notwithstanding a DNI directive governing access to intelligence information, to obtain information necessary to carry out an audit or review at the request of the congressional intelligence committees or pursuant to an intelligence authorization Act or a committee report, joint explanatory statement, or classified annex accompanying such an intelligence authorization Act.

Prohibits funds authorized to be appropriated or otherwise made available to an element of the intelligence community from being used during the period beginning on the date of enactment of this Act and ending on December 31, 2016, to: (1) transfer or release to or within the United States, its territories, or possessions, Khalid Sheikh Mohammed or any other individual detained at the U.S. Naval Station in Guantanamo Bay, Cuba, as of October 1, 2009, who is not a U.S. citizen or a member of the U.S. Armed Forces and is in DOD custody or control or otherwise under detention; (2) construct or modify any facility in the United States, its territories, or possessions (except at the U.S. Naval Station in Guantanamo) to house a Guantanamo detainee for the purposes of detention or imprisonment in DOD custody or control; or (3) transfer or release a Guantanamo detainee in DOD custody or control to a combat zone.