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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2596 Reported in House (RH)]

                                                 Union Calendar No. 104
114th CONGRESS
  1st Session
                                H. R. 2596

                      [Report No. 114-144, Part I]

 To authorize appropriations for fiscal year 2016 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 1, 2015

  Mr. Nunes introduced the following bill; which was referred to the 
Select Committee on Intelligence (Permanent Select), and in addition to 
the Committee on the Budget, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

                              June 9, 2015

 Reported from the Select Committee on Intelligence (Permanent Select) 
                           with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              June 9, 2015

 The Committee on the Budget discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 1, 
                                 2015]

_______________________________________________________________________

                                 A BILL

 
 To authorize appropriations for fiscal year 2016 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary effects.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

                      Subtitle A--General Matters

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Prior congressional notification of initiations of certain 
                            new special access programs.
Sec. 304. Prior congressional notification of transfers of funds for 
                            certain intelligence activities.
Sec. 305. Designation of lead intelligence officer for tunnels.
Sec. 306. Clarification of authority of Privacy and Civil Liberties 
                            Oversight Board.
Sec. 307. Reporting process required for tracking certain requests for 
                            country clearance.
Sec. 308. Prohibition on sharing of certain information in response to 
                            foreign government inquiries.
Sec. 309. National Cyber Threat Intelligence Integration Center.
Sec. 310. Intelligence community business system transformation.
Sec. 311. Inclusion of Inspector General of Intelligence Community in 
                            Council of Inspectors General on Integrity 
                            and Efficiency.
Sec. 312. Authorities of the Inspector General for the Central 
                            Intelligence Agency.
Sec. 313. Provision of information and assistance to Inspector General 
                            of the Intelligence Community.
Sec. 314. Clarification relating to information access by Comptroller 
                            General.
Sec. 315. Use of homeland security grant funds in conjunction with 
                            Department of Energy national laboratories.
Sec. 316. Technical amendments relating to pay under title 5, United 
                            States Code.

Subtitle B--Matters Relating to United States Naval Station, Guantanamo 
                               Bay, Cuba

Sec. 321. Prohibition on use of funds for transfer or release of 
                            individuals detained at United States Naval 
                            Station, Guantanamo Bay, Cuba.
Sec. 322. Prohibition on use of funds to construct or modify facilities 
                            in United States to house detainees 
                            transferred from United States Naval 
                            Station, Guantanamo Bay, Cuba.
Sec. 323. Prohibition on use of funds to transfer or release 
                            individuals detained at United States Naval 
                            Station, Guantanamo Bay, Cuba, to combat 
                            zones.

                          Subtitle C--Reports

Sec. 331. Reports to Congress on individuals formerly detained at 
                            United States Naval Station, Guantanamo 
                            Bay, Cuba.
Sec. 332. Reports on foreign fighters.
Sec. 333. Reports on prisoner population at United States Naval 
                            Station, Guantanamo Bay, Cuba.
Sec. 334. Report on use of certain business concerns.
Sec. 335. Repeal of certain reporting requirements.

SEC. 2. DEFINITIONS.

    In this Act:
     (a) Congressional Intelligence Committees.--The term 
``congressional intelligence committees'' means--
            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.
    (b) Intelligence Community.--The term ``intelligence community'' 
has the meaning given that term in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 3003(4)).

SEC. 3. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Budget Committee of the House of 
Representatives, provided that such statement has been submitted prior 
to the vote on passage.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2016 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
103, the authorized personnel ceilings as of September 30, 2016, for 
the conduct of the intelligence activities of the elements listed in 
paragraphs (1) through (16) of section 101, are those specified in the 
classified Schedule of Authorizations prepared to accompany the bill 
H.R. 2596 of the One Hundred Fourteenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of 
        Authorizations referred to in subsection (a) shall be made 
        available to the Committee on Appropriations of the Senate, the 
        Committee on Appropriations of the House of Representatives, 
        and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the 
                budget; or
                    (C) as otherwise required by law.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Increases.--The Director of National Intelligence 
may authorize employment of civilian personnel in excess of the number 
authorized for fiscal year 2016 by the classified Schedule of 
Authorizations referred to in section 102(a) if the Director of 
National Intelligence determines that such action is necessary to the 
performance of important intelligence functions, except that the number 
of personnel employed in excess of the number authorized under such 
section may not, for any element of the intelligence community, exceed 
3 percent of the number of civilian personnel authorized under such 
schedule for such element.
    (b) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 102(a), including any exemption from such 
personnel levels, of employment or assignment in--
            (1) a student program, trainee program, or similar program;
            (2) a reserve corps or as a reemployed annuitant; or
            (3) details, joint duty, or long-term, full-time training.
    (c) Notice to Congressional Intelligence Committees.--The Director 
of National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to each exercise of an 
authority described in subsection (a).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2016 the sum of 
$501,850,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2017.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 785 positions as of September 30, 2016. 
Personnel serving in such elements may be permanent employees of the 
Office of the Director of National Intelligence or personnel detailed 
from other elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are 
        authorized to be appropriated for the Community Management 
        Account for fiscal year 2016 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for advanced 
        research and development shall remain available until September 
        30, 2017.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2016, there are authorized such additional personnel for the 
        Community Management Account as of that date as are specified 
        in the classified Schedule of Authorizations referred to in 
        section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2016 the sum of 
$514,000,000.

                     TITLE III--GENERAL PROVISIONS

                      Subtitle A--General Matters

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 303. PRIOR CONGRESSIONAL NOTIFICATION OF INITIATIONS OF CERTAIN 
              NEW SPECIAL ACCESS PROGRAMS.

    (a) Limitation.--Except as provided in subsection (b), none of the 
funds authorized to be appropriated by this Act or otherwise made 
available for the intelligence community for fiscal year 2016 may be 
used to initiate any new special access program pertaining to any 
intelligence or intelligence-related activity or covert action unless 
the Director of National Intelligence or the Secretary of Defense, as 
appropriate, submits to the congressional intelligence committees and 
the Committees on Armed Services of the House of Representatives and 
the Senate, by not later than 30 days before initiating such a program, 
written notification of the intention to initiate the program.
    (b) Waiver.--
            (1) In general.--The Director of National Intelligence or 
        the Secretary of Defense, as appropriate, may waive subsection 
        (a) with respect to the initiation of a new special access 
        program if the Director or Secretary, as the case may be, 
        determines that an emergency situation makes it impossible or 
        impractical to provide the notice required under such 
        subsection by the date that is 30 days before such initiation.
            (2) Notice.--If the Director or Secretary issues a waiver 
        under paragraph (1), the Director or Secretary, as the case may 
        be, shall submit to the congressional intelligence committees 
        and the Committees on Armed Services of the House of 
        Representatives and the Senate, by not later than 48 hours 
        after the initiation of the new special access program covered 
        by the waiver, written notice of the waiver and a justification 
        for the waiver, including a description of the emergency 
        situation that necessitated the waiver.
    (c) Special Access Program Defined.--In this section, the term 
``special access program'' has the meaning given such term in Executive 
Order 13526 as in effect on the date of the enactment of this Act.

SEC. 304. PRIOR CONGRESSIONAL NOTIFICATION OF TRANSFERS OF FUNDS FOR 
              CERTAIN INTELLIGENCE ACTIVITIES.

    (a) Limitation.--Except as provided in subsection (b), none of the 
funds authorized to be appropriated by this Act or otherwise made 
available for the intelligence community for fiscal year 2016 may be 
used to initiate 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 Director of National 
Intelligence or the Secretary of Defense, as appropriate, submits to 
the congressional intelligence committees, by not later than 30 days 
before initiating such a transfer, written notice of the transfer.
    (b) Waiver.--
            (1) In general.--The Director of National Intelligence or 
        the Secretary of Defense, as appropriate, may waive subsection 
        (a) with respect to the initiation of a transfer of funds if 
        the Director or Secretary, as the case may be, determines that 
        an emergency situation makes it impossible or impractical to 
        provide the notice required under such subsection by the date 
        that is 30 days before such initiation.
            (2) Notice.--If the Director or Secretary issues a waiver 
        under paragraph (1), the Director or Secretary, as the case may 
        be, shall submit to the congressional intelligence committees, 
        by not later than 48 hours after the initiation of the transfer 
        of funds covered by the waiver, written notice of the waiver 
        and a justification for the waiver, including a description of 
        the emergency situation that necessitated the waiver.

SEC. 305. DESIGNATION OF LEAD INTELLIGENCE OFFICER FOR TUNNELS.

    The Director of National Intelligence shall designate an official 
to manage the collection and analysis of intelligence regarding the 
tactical use of tunnels by state and nonstate actors.

SEC. 306. CLARIFICATION OF AUTHORITY OF PRIVACY AND CIVIL LIBERTIES 
              OVERSIGHT BOARD.

    Section 1061(g) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee(g)) is amended by adding at the end the 
following new paragraph:
            ``(5) Limitations.--Nothing in this section shall be 
        construed to authorize the Board, or any agent thereof, to gain 
        access to information that an executive branch agency deems 
        related to covert action, as such term is defined in section 
        503(e) of the National Security Act of 1947 (50 U.S.C. 
        3093(e)).''.

SEC. 307. REPORTING PROCESS REQUIRED FOR TRACKING CERTAIN REQUESTS FOR 
              COUNTRY CLEARANCE.

    (a) In General.--By not later than September 30, 2016, the Director 
of National Intelligence shall establish a formal internal reporting 
process for tracking requests for country clearance submitted to 
overseas Director of National Intelligence representatives by 
departments and agencies of the United States. Such reporting process 
shall include a mechanism for tracking the department or agency that 
submits each such request and the date on which each such request is 
submitted.
    (b) Congressional Briefing.--By not later than December 31, 2016, 
the Director of National Intelligence shall brief the congressional 
intelligence committees on the progress of the Director in establishing 
the process required under subsection (a).

SEC. 308. PROHIBITION ON SHARING OF CERTAIN INFORMATION IN RESPONSE TO 
              FOREIGN GOVERNMENT INQUIRIES.

    (a) Prohibition.--None of the funds authorized to be appropriated 
by this Act for any element of the intelligence community may be used 
to respond to, share, or authorize the sharing of 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 the intelligence activities of the United 
States.
    (b) Congressional Notification.--Not later than 30 days after an 
element of the intelligence community receives a legislative or 
judicial inquiry from a foreign government related to intelligence 
activities carried out by the United States, the element shall submit 
to the congressional intelligence committees written notification of 
the inquiry.
    (c) Clarification Regarding Collaboration With Foreign Partners.--
The prohibition under subsection (a) shall not be construed as limiting 
routine intelligence activities with foreign partners, except in any 
case in which the central focus of the collaboration with the foreign 
partner is to obtain information for, or solicit a response to, a 
legislative or judicial inquiry from a foreign government related to 
intelligence activities carried out by the United States.

SEC. 309. NATIONAL CYBER THREAT INTELLIGENCE INTEGRATION CENTER.

    (a) Establishment.--Title I of the National Security Act of 1947 
(50 U.S.C. 3021 et seq.) is amended--
            (1) by redesignating section 119B as section 119C; and
            (2) by inserting after section 119A the following new 
        section:

``SEC. 119B. CYBER THREAT INTELLIGENCE INTEGRATION CENTER.

    ``(a) Establishment.--There is within the Office of the Director of 
National Intelligence a Cyber Threat Intelligence Integration Center.
    ``(b) Director.--There is a Director of the Cyber Threat 
Intelligence Integration Center, who shall be the head of the Cyber 
Threat Intelligence Integration Center, and who shall be appointed by 
the Director of National Intelligence.
    ``(c) Primary Missions.--The Cyber Threat Intelligence Integration 
Center shall--
            ``(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 departments and agencies of 
        the Federal Government have full access to and receive all-
        source intelligence support needed to execute the cyber threat 
        intelligence activities of such agencies and to perform 
        independent, alternative analyses;
            ``(3) disseminate cyber threat analysis to the President, 
        the appropriate departments and agencies of the Federal 
        Government, and the appropriate committees of Congress;
            ``(4) coordinate cyber threat intelligence activities of 
        the departments and agencies of the Federal Government; and
            ``(5) conduct strategic cyber threat intelligence planning 
        for the Federal Government.
    ``(d) Limitations.--The Cyber Threat Intelligence Integration 
Center--
            ``(1) may not have more than 50 permanent positions;
            ``(2) in carrying out the primary missions of the Center 
        described in subsection (c), may not augment staffing through 
        detailees, assignees, or core contractor personnel or enter 
        into any personal services contracts to exceed the limitation 
        under paragraph (1); and
            ``(3) shall be located in a building owned or operated by 
        an element of the intelligence community as of the date of the 
        enactment of this section.''.
    (b) Table of Contents Amendments.--The table of contents in the 
first section of the National Security Act of 1947, as amended by 
section 102 of this title, is further amended by striking the item 
relating to section 119B and inserting the following new items:

``Sec. 119B. Cyber Threat Intelligence Integration Center.
``Sec. 119C. National intelligence centers.''.

SEC. 310. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.

    Section 506D of the National Security Act of 1947 (50 U.S.C. 3100) 
is amended to read as follows:

        ``intelligence community business system transformation

    ``Sec. 506D.  (a) Limitation on Obligation of Funds.--(1) Subject 
to paragraph (3), no funds appropriated to any element of the 
intelligence community may be obligated for an intelligence community 
business system transformation that will have a total cost in excess of 
$3,000,000 unless the Chief Information Officer of the Intelligence 
Community makes a certification described in paragraph (2) with respect 
to such intelligence community business system transformation.
    ``(2) The certification described in this paragraph for an 
intelligence community business system transformation is a 
certification made by the Chief Information Officer of the Intelligence 
Community that the intelligence community business system 
transformation--
            ``(A) complies with the enterprise architecture under 
        subsection (b) and such other policies and standards that the 
        Chief Information Officer of the Intelligence Community 
        considers appropriate; or
            ``(B) is necessary--
                    ``(i) to achieve a critical national security 
                capability or address a critical requirement; or
                    ``(ii) to prevent a significant adverse effect on a 
                project that is needed to achieve an essential 
                capability, taking into consideration any alternative 
                solutions for preventing such adverse effect.
    ``(3) With respect to a fiscal year after fiscal year 2010, the 
amount referred to in paragraph (1) in the matter preceding 
subparagraph (A) shall be equal to the sum of--
            ``(A) the amount in effect under such paragraph (1) for the 
        preceding fiscal year (determined after application of this 
        paragraph), plus
            ``(B) such amount multiplied by the annual percentage 
        increase in the Consumer Price Index (all items; U.S. city 
        average) as of September of the previous fiscal year.
    ``(b) Enterprise Architecture for Intelligence Community Business 
Systems.--(1) The Director of National Intelligence shall develop and 
implement an enterprise architecture to cover all intelligence 
community business systems, and the functions and activities supported 
by such business systems. The enterprise architecture shall be 
sufficiently defined to effectively guide, constrain, and permit 
implementation of interoperable intelligence community business system 
solutions, consistent with applicable policies and procedures 
established by the Director of the Office of Management and Budget.
    ``(2) The enterprise architecture under paragraph (1) shall include 
the following:
            ``(A) An information infrastructure that will enable the 
        intelligence community to--
                    ``(i) comply with all Federal accounting, financial 
                management, and reporting requirements;
                    ``(ii) routinely produce timely, accurate, and 
                reliable financial information for management purposes;
                    ``(iii) integrate budget, accounting, and program 
                information and systems; and
                    ``(iv) provide for the measurement of performance, 
                including the ability to produce timely, relevant, and 
                reliable cost information.
            ``(B) Policies, procedures, data standards, and system 
        interface requirements that apply uniformly throughout the 
        intelligence community.
    ``(c) Responsibilities for Intelligence Community Business System 
Transformation.--The Director of National Intelligence shall be 
responsible for the entire life cycle of an intelligence community 
business system transformation, including review, approval, and 
oversight of the planning, design, acquisition, deployment, operation, 
and maintenance of the business system transformation.
    ``(d) Intelligence Community Business System Investment Review.--
(1) The Chief Information Officer of the Intelligence Community shall 
establish and implement, not later than 60 days after October 7, 2010, 
an investment review process for the intelligence community business 
systems for which the Chief Information Officer of the Intelligence 
Community is responsible.
    ``(2) The investment review process under paragraph (1) shall--
            ``(A) meet the requirements of section 11312 of title 40, 
        United States Code; and
            ``(B) specifically set forth the responsibilities of the 
        Chief Information Office of the Intelligence Community under 
        such review process.
    ``(3) The investment review process under paragraph (1) shall 
include the following elements:
            ``(A) Review and approval by an investment review board 
        (consisting of appropriate representatives of the intelligence 
        community) of each intelligence community business system as an 
        investment before the obligation of funds for such system.
            ``(B) Periodic review, but not less often than annually, of 
        every intelligence community business system investment.
            ``(C) Thresholds for levels of review to ensure appropriate 
        review of intelligence community business system investments 
        depending on the scope, complexity, and cost of the system 
        involved.
            ``(D) Procedures for making certifications in accordance 
        with the requirements of subsection (a)(2).
    ``(e) Relation to Annual Registration Requirements.--Nothing in 
this section shall be construed to alter the requirements of section 
8083 of the Department of Defense Appropriations Act, 2005 (Public Law 
108-287; 118 Stat. 989), with regard to information technology systems 
(as defined in subsection (d) of such section).
    ``(f) Relationship to Defense Business Enterprise Architecture.--
Intelligence community business system transformations certified under 
this section shall be deemed to be in compliance with section 2222 of 
title 10, United States Code. Nothing in this section shall be 
construed to exempt funds authorized to be appropriated to the 
Department of Defense for activities other than an intelligence 
community business system transformation from the requirements of such 
section 2222, to the extent that such requirements are otherwise 
applicable.
    ``(g) Relation to Clinger-Cohen Act.--(1) Executive agency 
responsibilities in chapter 113 of title 40, United States Code, for 
any intelligence community business system transformation shall be 
exercised jointly by--
            ``(A) the Director of National Intelligence and the Chief 
        Information Officer of the Intelligence Community; and
            ``(B) the head of the executive agency that contains the 
        element of the intelligence community involved and the chief 
        information officer of that executive agency.
    ``(2) The Director of National Intelligence and the head of the 
executive agency referred to in paragraph (1)(B) shall enter into a 
memorandum of understanding to carry out the requirements of this 
section in a manner that best meets the needs of the intelligence 
community and the executive agency.
    ``(h) Definitions.--In this section:
            ``(1) The term `enterprise architecture' has the meaning 
        given that term in section 3601(4) of title 44, United States 
        Code.
            ``(2) The terms `information system' and `information 
        technology' have the meanings given those terms in section 
        11101 of title 40, United States Code.
            ``(3) The term `intelligence community business system' 
        means an information system, including a national security 
        system, that is operated by, for, or on behalf of an element of 
        the intelligence community, including a financial system, mixed 
        system, financial data feeder system, and the business 
        infrastructure capabilities shared by the systems of the 
        business enterprise architecture, including people, process, 
        and technology, that build upon the core infrastructure used to 
        support business activities, such as acquisition, financial 
        management, logistics, strategic planning and budgeting, 
        installations and environment, and human resource management.
            ``(4) The term `intelligence community business system 
        transformation' means--
                    ``(A) the acquisition or development of a new 
                intelligence community business system; or
                    ``(B) any significant modification or enhancement 
                of an existing intelligence community business system 
                (other than necessary to maintain current services).
            ``(5) The term `national security system' has the meaning 
        given that term in section 3552(b) of title 44, United States 
        Code.''.

SEC. 311. INCLUSION OF INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY IN 
              COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND 
              EFFICIENCY.

    Section 11(b)(1)(B) of the Inspector General Act of 1978 (Public 
Law 95-452; 5 U.S.C. App.) is amended by striking ``the Office of the 
Director of National Intelligence'' and inserting ``the Intelligence 
Community''.

SEC. 312. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL 
              INTELLIGENCE AGENCY.

    (a) Information and Assistance.--Paragraph (9) of section 17(e) of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(9)) is 
amended to read as follows:
    ``(9)(A) The Inspector General may request such information or 
assistance as may be necessary for carrying out the duties and 
responsibilities of the Inspector General provided by this section from 
any Federal, State, or local governmental agency or unit thereof.
    ``(B) Upon request of the Inspector General for information or 
assistance from a department or agency of the Federal Government, the 
head of the department or agency involved, insofar as practicable and 
not in contravention of any existing statutory restriction or 
regulation of such department or agency, shall furnish to the Inspector 
General, or to an authorized designee, such information or assistance.
    ``(C) Nothing in this paragraph may be construed to provide any new 
authority to the Central Intelligence Agency to conduct intelligence 
activity in the United States.
    ``(D) In this paragraph, the term `State' means each of the several 
States, the District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, and any territory or 
possession of the United States.''.
    (b) Technical Amendments Relating to Selection of Employees.--
Paragraph (7) of such section (50 U.S.C. 3517(e)(7)) is amended--
            (1) by inserting ``(A)'' before ``Subject to applicable 
        law''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) Consistent with budgetary and personnel resources allocated 
by the Director, the Inspector General has final approval of--
            ``(i) the selection of internal and external candidates for 
        employment with the Office of Inspector General; and
            ``(ii) all other personnel decisions concerning personnel 
        permanently assigned to the Office of Inspector General, 
        including selection and appointment to the Senior Intelligence 
        Service, but excluding all security-based determinations that 
        are not within the authority of a head of other Central 
        Intelligence Agency offices.''.

SEC. 313. PROVISION OF INFORMATION AND ASSISTANCE TO INSPECTOR GENERAL 
              OF THE INTELLIGENCE COMMUNITY.

    Section 103H(j)(4) of the National Security Act of 1947 (50 U.S.C. 
3033) is amended--
            (1) in subparagraph (A), by striking ``any department, 
        agency, or other element of the United States Government'' and 
        inserting ``any Federal, State (as defined in section 804), or 
        local governmental agency or unit thereof''; and
            (2) in subparagraph (B), by inserting ``from a department, 
        agency, or element of the Federal Government'' before ``under 
        subparagraph (A)''.

SEC. 314. CLARIFICATION RELATING TO INFORMATION ACCESS BY COMPTROLLER 
              GENERAL.

    Section 348(a) of the Intelligence Authorization Act for Fiscal 
Year 2010 (Public Law 111-259; 124 Stat. 2700; 50 U.S.C. 3308) is 
amended by adding at the end the following new paragraph:
            ``(4) Requests by certain congressional committees.--
        Consistent with the protection of classified information, the 
        directive issued under paragraph (1) shall not prohibit the 
        Comptroller General from obtaining information necessary to 
        carry out the following audits or reviews:
                    ``(A) An audit or review carried out--
                            ``(i) at the request of the congressional 
                        intelligence committees; or
                            ``(ii) pursuant to--
                                    ``(I) an intelligence authorization 
                                Act;
                                    ``(II) a committee report or joint 
                                explanatory statement accompanying an 
                                intelligence authorization Act; or
                                    ``(III) a classified annex to a 
                                committee report or joint explanatory 
                                statement accompanying an intelligence 
                                authorization Act.
                    ``(B) An audit or review pertaining to intelligence 
                activities of the Department of Defense carried out--
                            ``(i) at the request of the congressional 
                        defense committees (as defined in section 
                        101(a)(16) of title 10, United States Code); or
                            ``(ii) pursuant to a national defense 
                        authorization Act.''.

SEC. 315. USE OF HOMELAND SECURITY GRANT FUNDS IN CONJUNCTION WITH 
              DEPARTMENT OF ENERGY NATIONAL LABORATORIES.

    Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C. 
609(a)) is amended in the matter preceding paragraph (1) by inserting 
``including by working in conjunction with a National Laboratory (as 
defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 
15801(3)),'' after ``plans,''.

SEC. 316. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE 5, UNITED 
              STATES CODE.

    Section 5102(a)(1) of title 5, United States Code, is amended--
            (1) in clause (vii), by striking ``or'';
            (2) by inserting after clause (vii) the following new 
        clause:
                    ``(viii) the Office of the Director of National 
                Intelligence;''; and
            (3) in clause (x), by striking the period and inserting a 
        semicolon.

Subtitle B--Matters Relating to United States Naval Station, Guantanamo 
                               Bay, Cuba

SEC. 321. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF 
              INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, 
              GUANTANAMO BAY, CUBA.

    No amounts authorized to be appropriated or otherwise made 
available to an element of the intelligence community may be used 
during the period beginning on the date of the enactment of this Act 
and ending on December 31, 2016, to transfer, release, or assist in the 
transfer or release, to or within the United States, its territories, 
or possessions, Khalid Sheikh Mohammed or any other individual detained 
at Guantanamo (as such term is defined in section 322(c)).

SEC. 322. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES 
              IN UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM 
              UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) In General.--No amounts authorized to be appropriated or 
otherwise made available to an element of the intelligence community 
may be used during the period beginning on the date of the enactment of 
this Act and ending on December 31, 2016, to construct or modify any 
facility in the United States, its territories, or possessions to house 
any individual detained at Guantanamo for the purposes of detention or 
imprisonment in the custody or under the control of the Department of 
Defense.
    (b) Exception.--The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
    (c) Individual Detained at Guantanamo Defined.--In this section, 
the term ``individual detained at Guantanamo'' means any individual 
located at United States Naval Station, Guantanamo Bay, Cuba, as of 
October 1, 2009, who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the control of the 
                Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.

SEC. 323. PROHIBITION ON USE OF FUNDS TO TRANSFER OR RELEASE 
              INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, 
              GUANTANAMO BAY, CUBA, TO COMBAT ZONES.

    (a) In General.--No amounts authorized to be appropriated or 
otherwise made available to an element of the intelligence community 
may be used during the period beginning on the date of the enactment of 
this Act and ending on December 31, 2016, to transfer, release, or 
assist in the transfer or release of any individual detained in the 
custody or under the control of the Department of Defense at United 
States Naval Station, Guantanamo Bay, Cuba, to a combat zone.
    (b) Combat Zone Defined.--In this section, the term ``combat zone'' 
means any area designated as a combat zone for purposes of section 112 
of the Internal Revenue Code of 1986 for which the income of a member 
of the Armed Forces was excluded during 2014, 2015, or 2016 by reason 
of the member's service on active duty in such area.

                          Subtitle C--Reports

SEC. 331. REPORTS TO CONGRESS ON INDIVIDUALS FORMERLY DETAINED AT 
              UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) Additional Matters for Inclusion in Reports.--Subsection (c) of 
section 319 of the Supplemental Appropriations Act, 2009 (Public Law 
111-32; 123 Stat. 1874; 10 U.S.C. 801 note) is amended by adding after 
paragraph (5) the following new paragraphs:
            ``(6) A summary of all contact by any means of 
        communication, including telecommunications, electronic or 
        technical means, in person, written communications, or any 
        other means of communication, regardless of content, between 
        any individual formerly detained at Naval Station, Guantanamo 
        Bay, Cuba, and any individual known or suspected to be 
        associated with a foreign terrorist group.
            ``(7) A description of whether any of the contact described 
        in the summary required by paragraph (6) included any 
        information or discussion about hostilities against the United 
        States or its allies or partners.
            ``(8) For each individual described in paragraph (4), the 
        period of time between the date on which the individual was 
        released or transferred from Naval Station, Guantanamo Bay, 
        Cuba, and the date on which it is confirmed that the individual 
        is suspected or confirmed of reengaging in terrorist 
        activities.
            ``(9) The average period of time described in paragraph (8) 
        for all the individuals described in paragraph (4).''.
    (b) Form.--Subsection (a) of such section is amended by adding at 
the end the following: ``The reports may be submitted in classified 
form.''.
    (c) Rule of Construction.--Nothing in this section or the 
amendments made by this section shall be construed to terminate, alter, 
modify, override, or otherwise affect any reporting of information 
required under section 319(c) of the Supplemental Appropriations Act, 
2009 (Public Law 111-32; 123 Stat. 1874; 10 U.S.C. 801 note), as in 
effect immediately before the enactment of this section.

SEC. 332. REPORTS ON FOREIGN FIGHTERS.

    (a) Reports Required.--Not later than 60 days after the date of the 
enactment of this Act, and every 60 days thereafter, the Director of 
National Intelligence shall submit to the congressional intelligence 
committees a report on foreign fighter flows to and from Syria and to 
and from Iraq. The Director shall define the term ``foreign fighter'' 
in such reports.
    (b) Matters To Be Included.--Each report submitted under subsection 
(a) shall include each of the following:
            (1) The total number of foreign fighters who have traveled 
        to Syria or Iraq since January 1, 2011, the total number of 
        foreign fighters in Syria or Iraq as of the date of the 
        submittal of the report, the total number of foreign fighters 
        whose countries of origin have a visa waiver program described 
        in section 217 of the Immigration and Nationality Act (8 U.S.C. 
        1187), the total number of foreign fighters who have left Syria 
        or Iraq, the total number of female foreign fighters, and the 
        total number of deceased foreign fighters.
            (2) The total number of United States persons who have 
        traveled or attempted to travel to Syria or Iraq since January 
        1, 2011, the total number of such persons who have arrived in 
        Syria or Iraq since such date, and the total number of such 
        persons who have returned to the United States from Syria or 
        Iraq since such date.
            (3) The total number of foreign fighters in Terrorist 
        Identities Datamart Environment and the status of each such 
        foreign fighter in that database, the number of such foreign 
        fighters who are on a watchlist, and the number of such foreign 
        fighters who are not on a watchlist.
            (4) The total number of foreign fighters who have been 
        processed with biometrics, including face images, fingerprints, 
        and iris scans.
            (5) Any programmatic updates to the foreign fighter report 
        since the last report was issued, including updated analysis on 
        foreign country cooperation, as well as actions taken, such as 
        denying or revoking visas.
            (6) A worldwide graphic that describes foreign fighters 
        flows to and from Syria, with points of origin by country.
    (c) Form.--The reports submitted under subsection (a) may be 
submitted in classified form.
    (d) Termination.--The requirement to submit reports under 
subsection (a) shall terminate on the date that is three years after 
the date of the enactment of this Act.

SEC. 333. REPORTS ON PRISONER POPULATION AT UNITED STATES NAVAL 
              STATION, GUANTANAMO BAY, CUBA.

    (a) Reports Required.--Not later than 60 days after the date of the 
enactment of this Act, and every 30 days thereafter, the Director of 
the Defense Intelligence Agency, in coordination with the Director of 
National Intelligence, shall submit to the Members of Congress 
specified in subsection (b) a report on the prisoner population at the 
detention facility at United States Naval Station, Guantanamo Bay, 
Cuba.
    (b) Specified Members and Committees of Congress.--The Members of 
Congress specified in this subsection are the following:
            (1) The majority leader and minority leader of the Senate.
            (2) The Chairman and Ranking Member of the Committee on 
        Armed Services of the Senate.
            (3) The Chairman and Vice Chairman of the Select Committee 
        on Intelligence of the Senate.
            (4) The Chairman and Vice Chairman of the Committee on 
        Appropriations of the Senate.
            (5) The Speaker of the House of Representatives.
            (6) The minority leader of the House of Representatives.
            (7) The Chairman and Ranking Member of the Committee on 
        Armed Services of the House of Representatives.
            (8) The Chairman and Ranking Member of the Permanent Select 
        Committee on Intelligence of the House of Representatives.
            (9) The Chairman and Ranking Member of the Committee on 
        Appropriations of the House of Representatives.
    (c) Matters To Be Included.--Each report submitted under subsection 
(a) shall include each of the following:
            (1) The name and country of origin of each prisoner 
        detained at the detention facility at United States Naval 
        Station Guantanamo Bay, Cuba, as of the date of such report.
            (2) A current summary of the evidence, intelligence, and 
        information used to justify the detention of each prisoner 
        listed under paragraph (1) at United States Naval Station, 
        Guantanamo Bay, Cuba.
            (3) A current accounting of all the measures taken to 
        transfer each prisoner listed under paragraph (1) to the 
        individual's country of citizenship or another country.
            (4) A current description of the number of individuals 
        released or transferred from detention at United States Naval 
        Station, Guantanamo Bay, Cuba, who are confirmed or suspected 
        of returning to terrorist activities after such release or 
        transfer.
            (5) An assessment of any efforts by foreign terrorist 
        organizations to recruit individuals released from detention at 
        United States Naval Station, Guantanamo Bay, Cuba.
            (6) A summary of all contact by any means of communication, 
        including telecommunications, electronic or technical means, in 
        person, written communications, or any other means of 
        communication, regardless of content, between any individual 
        formerly detained at United States Naval Station, Guantanamo 
        Bay, Cuba, and any individual known or suspected to be 
        associated with a foreign terrorist group.
            (7) A description of whether any of the contact described 
        in the summary required by paragraph (6) included any 
        information or discussion about hostilities against the United 
        States or its allies or partners.
            (8) For each individual described in paragraph (4), the 
        period of time between the date on which the individual was 
        released or transferred from United States Naval Station, 
        Guantanamo Bay, Cuba, and the date on which it is confirmed 
        that the individual is suspected or confirmed of reengaging in 
        terrorist activities.
            (9) The average period of time described in paragraph (8) 
        for all the individuals described in paragraph (4).

SEC. 334. REPORT ON USE OF CERTAIN BUSINESS CONCERNS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence communities a report on the 
representation, as of the date of the report, of covered business 
concerns among the contractors that are awarded contracts by elements 
of the intelligence community for goods, equipment, tools, and 
services.
    (b) Matters Included.--The report under subsection (a) shall 
include the following:
            (1) The representation of covered business concerns as 
        described in subsection (a), including such representation by--
                    (A) each type of covered business concern; and
                    (B) each element of the intelligence community.
            (2) If, as of the date of the enactment of this Act, the 
        Director does not record and monitor the statistics required to 
        carry out this section, a description of the actions taken by 
        the Director to ensure that such statistics are recorded and 
        monitored beginning in fiscal year 2016.
            (3) The actions the Director plans to take during fiscal 
        year 2016 to enhance the awarding of contracts to covered 
        business concerns by elements of the intelligence community.
    (c) Covered Business Concerns Defined.--In this section, the term 
``covered business concerns'' means the following:
            (1) Minority-owned businesses.
            (2) Women-owned businesses.
            (3) Small disadvantaged businesses.
            (4) Service-disabled veteran-owned businesses.
            (5) Veteran-owned small businesses.

SEC. 335. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

    (a) Quadrennial Audit of Positions Requiring Security Clearances.--
Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is 
amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively.
    (b) Reports on Role of Analysts at FBI and FBI Information 
Sharing.--Section 2001(g) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3700; 28 U.S.C. 
532 note) is amended by striking paragraphs (3) and (4).
    (c) Report on Outside Employment by Officers and Employees of 
Intelligence Community.--
            (1) In general.--Section 102A(u) of the National Security 
        Act of 1947 (50 U.S.C. 3024) is amended--
                    (A) by striking ``(1) The Director'' and inserting 
                ``The Director''; and
                    (B) by striking paragraph (2).
            (2) Conforming amendment.--Subsection (a) of section 507 of 
        such Act (50 U.S.C. 3106(a)) is amended--
                    (A) by striking paragraph (5); and
                    (B) by redesignating paragraph (6) as paragraph 
                (5).
            (3) Technical amendment.--Subsection (c)(1) of such section 
        507 is amended by striking ``subsection (a)(1)'' and inserting 
        ``subsection (a)''.
    (d) Reports on Nuclear Aspirations of Non-state Entities.--Section 
1055 of the National Defense Authorization Act for Fiscal Year 2010 (50 
U.S.C. 2371) is repealed.
    (e) Reports on Espionage by People's Republic of China.--Section 
3151 of the National Defense Authorization Act for Fiscal Year 2000 (42 
U.S.C. 7383e) is repealed.
    (f) Reports on Security Vulnerabilities of National Laboratory 
Computers.--Section 4508 of the Atomic Energy Defense Act (50 U.S.C. 
2659) is repealed.
                                                 Union Calendar No. 104

114th CONGRESS

  1st Session

                               H. R. 2596

                      [Report No. 114-144, Part I]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for fiscal year 2016 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

_______________________________________________________________________

                              June 9, 2015

 Reported from the Select Committee on Intelligence (Permanent Select) 
                           with an amendment

                              June 9, 2015

 The Committee on the Budget discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
```