I 

114TH CONGRESS 

1ST SESSION H. R. 2596 

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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Intelligence Authorization Act for Fiscal Year 2016’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. Clarification relating to information access by Comptroller General. 

Sec. 314. 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. 


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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. Repeal of certain reporting requirements. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (a) CONGRESSIONAL INTELLIGENCE COMMITTEES.— 

4 The term ‘‘congressional intelligence committees’’ 

5 means— 

6 (1) the Select Committee on Intelligence of the 

7 Senate; and 

8 (2) the Permanent Select Committee on Intel9 ligence of the House of Representatives. 

10 (b) INTELLIGENCE COMMUNITY.—The term ‘‘intel11 ligence community’’ has the meaning given that term in 

12 section 3(4) of the National Security Act of 1947 (50 

13 U.S.C. 3003(4)). 

14 SEC. 3. BUDGETARY EFFECTS. 

15 The budgetary effects of this Act, for the purpose of 

16 complying with the Statutory Pay-As-You-Go Act of 2010, 

17 shall be determined by reference to the latest statement 

18 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

19 Act, submitted for printing in the Congressional Record 

20 by the Chairman of the Budget Committee of the House 


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1 of Representatives, provided that such statement has been 

2 submitted prior to the vote on passage. 

3 TITLE I—INTELLIGENCE 

4 ACTIVITIES 

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2016 for the conduct of the intelligence and 

8 intelligence-related activities of the following elements of 

9 the United States Government: 

10 (1) The Office of the Director of National Intel11 ligence. 

12 (2) The Central Intelligence Agency. 

13 (3) The Department of Defense. 

14 (4) The Defense Intelligence Agency. 

15 (5) The National Security Agency. 

16 (6) The Department of the Army, the Depart17 ment of the Navy, and the Department of the Air 

18 Force. 

19 (7) The Coast Guard. 

20 (8) The Department of State. 

21 (9) The Department of the Treasury. 

22 (10) The Department of Energy. 

23 (11) The Department of Justice. 

24 (12) The Federal Bureau of Investigation. 

25 (13) The Drug Enforcement Administration. 


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1 (14) The National Reconnaissance Office. 

2 (15) The National Geospatial-Intelligence Agen3 cy. 

4 (16) The Department of Homeland Security. 

5 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

6 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

7 LEVELS.—The amounts authorized to be appropriated 

8 under section 101 and, subject to section 103, the author9 ized personnel ceilings as of September 30, 2016, for the 

10 conduct of the intelligence activities of the elements listed 

11 in paragraphs (1) through (16) of section 101, are those 

12 specified in the classified Schedule of Authorizations pre13 pared to accompany the bill H.R. lll of the One Hun14 dred Fourteenth Congress. 

15 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU16 THORIZATIONS.— 

17 (1) AVAILABILITY.—The classified Schedule of 

18 Authorizations referred to in subsection (a) shall be 

19 made available to the Committee on Appropriations 

20 of the Senate, the Committee on Appropriations of 

21 the House of Representatives, and to the President. 

22 (2) DISTRIBUTION BY THE PRESIDENT.—Sub23 ject to paragraph (3), the President shall provide for 

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1 thorizations, or of appropriate portions of the Sched2 ule, within the executive branch. 

3 (3) LIMITS ON DISCLOSURE.—The President 

4 shall not publicly disclose the classified Schedule of 

5 Authorizations or any portion of such Schedule ex6 cept— 

7 (A) as provided in section 601(a) of the 

8 Implementing Recommendations of the 9/11 

9 Commission Act of 2007 (50 U.S.C. 3306(a)); 

10 (B) to the extent necessary to implement 

11 the budget; or 

12 (C) as otherwise required by law. 

13 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

14 (a) AUTHORITY FOR INCREASES.—The Director of 

15 National Intelligence may authorize employment of civil16 ian personnel in excess of the number authorized for fiscal 

17 year 2016 by the classified Schedule of Authorizations re18 ferred to in section 102(a) if the Director of National In19 telligence determines that such action is necessary to the 

20 performance of important intelligence functions, except 

21 that the number of personnel employed in excess of the 

22 number authorized under such section may not, for any 

23 element of the intelligence community, exceed 3 percent 

24 of the number of civilian personnel authorized under such 

25 schedule for such element. 


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1 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di2 rector of National Intelligence shall establish guidelines 

3 that govern, for each element of the intelligence commu4 nity, the treatment under the personnel levels authorized 

5 under section 102(a), including any exemption from such 

6 personnel levels, of employment or assignment in— 

7 (1) a student program, trainee program, or 

8 similar program; 

9 (2) a reserve corps or as a reemployed annu10 itant; or 

11 (3) details, joint duty, or long-term, full-time 

12 training. 

13 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

14 COMMITTEES.—The Director of National Intelligence 

15 shall notify the congressional intelligence committees in 

16 writing at least 15 days prior to each exercise of an au17 thority described in subsection (a). 

18 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC19 COUNT. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated for the Intelligence Commu22 nity Management Account of the Director of National In23 telligence for fiscal year 2016 the sum of $501,850,000. 

24 Within such amount, funds identified in the classified 

25 Schedule of Authorizations referred to in section 102(a) 


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1 for advanced research and development shall remain avail2 able until September 30, 2017. 

3 (b) AUTHORIZED PERSONNEL LEVELS.—The ele4 ments within the Intelligence Community Management 

5 Account of the Director of National Intelligence are au6 thorized 785 positions as of September 30, 2016. Per7 sonnel serving in such elements may be permanent em8 ployees of the Office of the Director of National Intel9 ligence or personnel detailed from other elements of the 

10 United States Government. 

11 (c) CLASSIFIED AUTHORIZATIONS.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

13 addition to amounts authorized to be appropriated 

14 for the Intelligence Community Management Ac15 count by subsection (a), there are authorized to be 

16 appropriated for the Community Management Ac17 count for fiscal year 2016 such additional amounts 

18 as are specified in the classified Schedule of Author19 izations referred to in section 102(a). Such addi20 tional amounts for advanced research and develop21 ment shall remain available until September 30, 

22 2017. 

23 (2) AUTHORIZATION OF PERSONNEL.—In addi24 tion to the personnel authorized by subsection (b) 

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1 ment Account as of September 30, 2016, there are 

2 authorized such additional personnel for the Com3 munity Management Account as of that date as are 

4 specified in the classified Schedule of Authorizations 

5 referred to in section 102(a). 

6 TITLE II—CENTRAL INTEL7 LIGENCE AGENCY RETIRE8 MENT AND DISABILITY SYS9 TEM 

10 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated for the Cen12 tral Intelligence Agency Retirement and Disability Fund 

13 for fiscal year 2016 the sum of $514,000,000. 

14 TITLE III—GENERAL 

15 PROVISIONS 

16 Subtitle A—General Matters 

17 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

18 BENEFITS AUTHORIZED BY LAW. 

19 Appropriations authorized by this Act for salary, pay, 

20 retirement, and other benefits for Federal employees may 

21 be increased by such additional or supplemental amounts 

22 as may be necessary for increases in such compensation 

23 or benefits authorized by law. 


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1 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

2 ACTIVITIES. 

3 The authorization of appropriations by this Act shall 

4 not be deemed to constitute authority for the conduct of 

5 any intelligence activity which is not otherwise authorized 

6 by the Constitution or the laws of the United States. 

7 SEC. 303. PRIOR CONGRESSIONAL NOTIFICATION OF INITI8 ATIONS OF CERTAIN NEW SPECIAL ACCESS 

9 PROGRAMS. 

10 (a) LIMITATION.—Except as provided in subsection 

11 (b), none of the funds authorized to be appropriated by 

12 this Act or otherwise made available for the intelligence 

13 community for fiscal year 2016 may be used to initiate 

14 any new special access program pertaining to any intel15 ligence or intelligence-related activity or covert action un16 less the Director of National Intelligence or the Secretary 

17 of Defense, as appropriate, submits to the congressional 

18 intelligence committees, by not later than 30 days before 

19 initiating such a program, written notification of the in20 tention to initiate the program. 

21 (b) WAIVER.— 

22 (1) IN GENERAL.—The Director of National In23 telligence or the Secretary of Defense, as appro24 priate, may waive subsection (a) with respect to the 

25 initiation of a new special access program if the Di26 rector or Secretary, as the case may be, determines 


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1 that an emergency situation makes it impossible or 

2 impractical to provide the notice required under such 

3 subsection by the date that is 30 days before such 

4 initiation. 

5 (2) NOTICE.—If the Director or Secretary 

6 issues a waiver under paragraph (1), the Director or 

7 Secretary, as the case may be, shall submit to the 

8 congressional intelligence committees, by not later 

9 than 48 hours after the initiation of the new special 

10 access program covered by the waiver, written notice 

11 of the waiver and a justification for the waiver, in12 cluding a description of the emergency situation that 

13 necessitated the waiver. 

14 (c) SPECIAL ACCESS PROGRAM DEFINED.—In this 

15 section, the term ‘‘special access program’’ has the mean16 ing given such term in Executive Order 13526 as in effect 

17 on the date of the enactment of this Act. 

18 SEC. 304. PRIOR CONGRESSIONAL NOTIFICATION OF 

19 TRANSFERS OF FUNDS FOR CERTAIN INTEL20 LIGENCE ACTIVITIES. 

21 (a) LIMITATION.—Except as provided in subsection 

22 (b), none of the funds authorized to be appropriated by 

23 this Act or otherwise made available for the intelligence 

24 community for fiscal year 2016 may be used to initiate 

25 a transfer of funds from the Joint Improvised Explosive 


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1 Device Defeat Fund or the Counterterrorism Partnerships 

2 Fund to be used for intelligence activities unless the Direc3 tor of National Intelligence or the Secretary of Defense, 

4 as appropriate, submits to the congressional intelligence 

5 committees, by not later than 30 days before initiating 

6 such a transfer, written notice of the transfer. 

7 (b) WAIVER.— 

8 (1) IN GENERAL.—The Director of National In9 telligence or the Secretary of Defense, as appro10 priate, may waive subsection (a) with respect to the 

11 initiation of a transfer of funds if the Director or 

12 Secretary, as the case may be, determines that an 

13 emergency situation makes it impossible or imprac14 tical to provide the notice required under such sub15 section by the date that is 30 days before such initi16 ation. 

17 (2) NOTICE.—If the Director or Secretary 

18 issues a waiver under paragraph (1), the Director or 

19 Secretary, as the case may be, shall submit to the 

20 congressional intelligence committees, by not later 

21 than 48 hours after the initiation of the transfer of 

22 funds covered by the waiver, written notice of the 

23 waiver and a justification for the waiver, including 

24 a description of the emergency situation that neces25 sitated the waiver. 


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1 SEC. 305. DESIGNATION OF LEAD INTELLIGENCE OFFICER 

2 FOR TUNNELS. 

3 The Director of National Intelligence shall designate 

4 an official to manage the collection and analysis of intel5 ligence regarding the tactical use of tunnels by state and 

6 nonstate actors. 

7 SEC. 306. CLARIFICATION OF AUTHORITY OF PRIVACY AND 

8 CIVIL LIBERTIES OVERSIGHT BOARD. 

9 Section 1061(g) of the Intelligence Reform and Ter10 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 

11 amended by adding at the end the following new para12 graph: 

13 ‘‘(5) LIMITATIONS.—Nothing in this section 

14 shall be construed to authorize the Board, or any 

15 agent thereof, to gain access to information that an 

16 executive branch agency deems related to covert ac17 tion, as such term is defined in section 503(e) of the 

18 National Security Act of 1947 (50 U.S.C. 

19 3093(e)).’’. 

20 SEC. 307. REPORTING PROCESS REQUIRED FOR TRACKING 

21 CERTAIN REQUESTS FOR COUNTRY CLEAR22 ANCE. 

23 (a) IN GENERAL.—By not later than September 30, 

24 2016, the Director of National Intelligence shall establish 

25 a formal internal reporting process for tracking requests 

26 for country clearance submitted to overseas Director of 


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1 National Intelligence representatives by departments and 

2 agencies of the United States. Such reporting process shall 

3 include a mechanism for tracking the department or agen4 cy that submits each such request and the date on which 

5 each such request is submitted. 

6 (b) CONGRESSIONAL BRIEFING.—By not later than 

7 December 31, 2016, the Director of National Intelligence 

8 shall brief the congressional intelligence committees on the 

9 progress of the Director in establishing the process re10 quired under subsection (a). 

11 SEC. 308. PROHIBITION ON SHARING OF CERTAIN INFOR12 MATION IN RESPONSE TO FOREIGN GOVERN13 MENT INQUIRIES. 

14 (a) PROHIBITION.—None of the funds authorized to 

15 be appropriated by this Act for any element of the intel16 ligence community may be used to respond to, share, or 

17 authorize the sharing of any non-public information re18 lated to intelligence activities carried out by the United 

19 States in response to a legislative or judicial inquiry from 

20 a foreign government into the intelligence activities of the 

21 United States. 

22 (b) CONGRESSIONAL NOTIFICATION.—Not later than 

23 30 days after an element of the intelligence community 

24 receives a legislative or judicial inquiry from a foreign gov25 ernment related to intelligence activities carried out by the 


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1 United States, the element shall submit to the congres2 sional intelligence committees written notification of the 

3 inquiry. 

4 (c) CLARIFICATION REGARDING COLLABORATION

5 WITH FOREIGN PARTNERS.—The prohibition under sub6 section (a) shall not be construed as limiting routine intel7 ligence activities with foreign partners, except in any case 

8 in which the central focus of the collaboration with the 

9 foreign partner is to obtain information for, or solicit a 

10 response to, a legislative or judicial inquiry from a foreign 

11 government related to intelligence activities carried out by 

12 the United States. 

13 SEC. 309. NATIONAL CYBER THREAT INTELLIGENCE INTE14 GRATION CENTER. 

15 (a) ESTABLISHMENT.—Title I of the National Secu16 rity Act of 1947 (50 U.S.C. 3021 et seq.) is amended— 

17 (1) by redesignating section 119B as section 

18 119C; and 

19 (2) by inserting after section 119A the fol20 lowing new section: 

21 ‘‘SEC. 119B. CYBER THREAT INTELLIGENCE INTEGRATION 

22 CENTER. 

23 ‘‘(a) ESTABLISHMENT.—There is within the Office of 

24 the Director of National Intelligence a Cyber Threat Intel25 ligence Integration Center. 


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1 ‘‘(b) DIRECTOR.—There is a Director of the Cyber 

2 Threat Intelligence Integration Center, who shall be the 

3 head of the Cyber Threat Intelligence Integration Center, 

4 and who shall be appointed by the Director of National 

5 Intelligence. 

6 ‘‘(c) PRIMARY MISSIONS.—The Cyber Threat Intel7 ligence Integration Center shall— 

8 ‘‘(1) serve as the primary organization within 

9 the Federal Government for analyzing and inte10 grating all intelligence possessed or acquired by the 

11 United States pertaining to cyber threats; 

12 ‘‘(2) ensure that appropriate departments and 

13 agencies of the Federal Government have full access 

14 to and receive all-source intelligence support needed 

15 to execute the cyber threat intelligence activities of 

16 such agencies and to perform independent, alter17 native analyses; 

18 ‘‘(3) disseminate cyber threat analysis to the 

19 President, the appropriate departments and agencies 

20 of the Federal Government, and the appropriate 

21 committees of Congress; 

22 ‘‘(4) coordinate cyber threat intelligence activi23 ties of the departments and agencies of the Federal 

24 Government; and 


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1 ‘‘(5) conduct strategic cyber threat intelligence 

2 planning for the Federal Government. 

3 ‘‘(d) LIMITATIONS.—The Cyber Threat Intelligence 

4 Integration Center— 

5 ‘‘(1) may not have more than 50 permanent po6 sitions; 

7 ‘‘(2) in carrying out the primary missions of the 

8 Center described in subsection (c), may not augment 

9 staffing through detailees, assignees, or core con10 tractor personnel or enter into any personal services 

11 contracts to exceed the limitation under paragraph 

12 (1); and 

13 ‘‘(3) shall be located in a building owned or op14 erated by an element of the intelligence community 

15 as of the date of the enactment of this section.’’. 

16 (b) TABLE OF CONTENTS AMENDMENTS.—The table 

17 of contents in the first section of the National Security 

18 Act of 1947, as amended by section 102 of this title, is 

19 further amended by striking the item relating to section 

20 119B and inserting the following new items: 

‘‘Sec. 119B. Cyber Threat Intelligence Integration Center. 

‘‘Sec. 119C. National intelligence centers.’’. 

21 SEC. 310. INTELLIGENCE COMMUNITY BUSINESS SYSTEM 

22 TRANSFORMATION. 

23 Section 506D of the National Security Act of 1947 

24 (50 U.S.C. 3100) is amended to read as follows: 


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1 ‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEM

2 TRANSFORMATION

3 ‘‘SEC. 506D. (a) LIMITATION ON OBLIGATION OF

4 FUNDS.—(1) Subject to paragraph (3), no funds appro5 priated to any element of the intelligence community may 

6 be obligated for an intelligence community business sys7 tem transformation that will have a total cost in excess 

8 of $3,000,000 unless the Chief Information Officer of the 

9 Intelligence Community makes a certification described in 

10 paragraph (2) with respect to such intelligence community 

11 business system transformation. 

12 ‘‘(2) The certification described in this paragraph for 

13 an intelligence community business system transformation 

14 is a certification made by the Chief Information Officer 

15 of the Intelligence Community that the intelligence com16 munity business system transformation— 

17 ‘‘(A) complies with the enterprise architecture 

18 under subsection (b) and such other policies and 

19 standards that the Chief Information Officer of the 

20 Intelligence Community considers appropriate; or 

21 ‘‘(B) is necessary— 

22 ‘‘(i) to achieve a critical national security 

23 capability or address a critical requirement; or 

24 ‘‘(ii) to prevent a significant adverse effect 

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1 tial capability, taking into consideration any al2 ternative solutions for preventing such adverse 

3 effect. 

4 ‘‘(3) With respect to a fiscal year after fiscal year 

5 2010, the amount referred to in paragraph (1) in the mat6 ter preceding subparagraph (A) shall be equal to the sum 

7 of— 

8 ‘‘(A) the amount in effect under such para9 graph (1) for the preceding fiscal year (determined 

10 after application of this paragraph), plus 

11 ‘‘(B) such amount multiplied by the annual per12 centage increase in the Consumer Price Index (all 

13 items; U.S. city average) as of September of the pre14 vious fiscal year. 

15 ‘‘(b) ENTERPRISE ARCHITECTURE FOR INTEL16 LIGENCE COMMUNITY BUSINESS SYSTEMS.—(1) The Di17 rector of National Intelligence shall develop and imple18 ment an enterprise architecture to cover all intelligence 

19 community business systems, and the functions and activi20 ties supported by such business systems. The enterprise 

21 architecture shall be sufficiently defined to effectively 

22 guide, constrain, and permit implementation of interoper23 able intelligence community business system solutions, 

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1 lished by the Director of the Office of Management and 

2 Budget. 

3 ‘‘(2) The enterprise architecture under paragraph (1) 

4 shall include the following: 

5 ‘‘(A) An information infrastructure that will en6 able the intelligence community to— 

7 ‘‘(i) comply with all Federal accounting, fi8 nancial management, and reporting require9 ments; 

10 ‘‘(ii) routinely produce timely, accurate, 

11 and reliable financial information for manage12 ment purposes; 

13 ‘‘(iii) integrate budget, accounting, and 

14 program information and systems; and 

15 ‘‘(iv) provide for the measurement of per16 formance, including the ability to produce time17 ly, relevant, and reliable cost information. 

18 ‘‘(B) Policies, procedures, data standards, and 

19 system interface requirements that apply uniformly 

20 throughout the intelligence community. 

21 ‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE COMMU22 NITY BUSINESS SYSTEM TRANSFORMATION.—The Direc23 tor of National Intelligence shall be responsible for the en24 tire life cycle of an intelligence community business system 

25 transformation, including review, approval, and oversight 


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1 of the planning, design, acquisition, deployment, oper2 ation, and maintenance of the business system trans3 formation. 

4 ‘‘(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

5 INVESTMENT REVIEW.—(1) The Chief Information Offi6 cer of the Intelligence Community shall establish and im7 plement, not later than 60 days after October 7, 2010, 

8 an investment review process for the intelligence commu9 nity business systems for which the Chief Information Of10 ficer of the Intelligence Community is responsible. 

11 ‘‘(2) The investment review process under paragraph 

12 (1) shall— 

13 ‘‘(A) meet the requirements of section 11312 of 

14 title 40, United States Code; and 

15 ‘‘(B) specifically set forth the responsibilities of 

16 the Chief Information Office of the Intelligence 

17 Community under such review process. 

18 ‘‘(3) The investment review process under paragraph 

19 (1) shall include the following elements: 

20 ‘‘(A) Review and approval by an investment re21 view board (consisting of appropriate representatives 

22 of the intelligence community) of each intelligence 

23 community business system as an investment before 

24 the obligation of funds for such system. 


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1 ‘‘(B) Periodic review, but not less often than 

2 annually, of every intelligence community business 

3 system investment. 

4 ‘‘(C) Thresholds for levels of review to ensure 

5 appropriate review of intelligence community busi6 ness system investments depending on the scope, 

7 complexity, and cost of the system involved. 

8 ‘‘(D) Procedures for making certifications in 

9 accordance with the requirements of subsection 

10 (a)(2). 

11 ‘‘(e) RELATION TO ANNUAL REGISTRATION RE12 QUIREMENTS.—Nothing in this section shall be construed 

13 to alter the requirements of section 8083 of the Depart14 ment of Defense Appropriations Act, 2005 (Public Law 

15 108–287; 118 Stat. 989), with regard to information tech16 nology systems (as defined in subsection (d) of such sec17 tion). 

18 ‘‘(f) RELATIONSHIP TO DEFENSE BUSINESS ENTER19 PRISE ARCHITECTURE.—Intelligence community business 

20 system transformations certified under this section shall 

21 be deemed to be in compliance with section 2222 of title 

22 10, United States Code. Nothing in this section shall be 

23 construed to exempt funds authorized to be appropriated 

24 to the Department of Defense for activities other than an 

25 intelligence community business system transformation 


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1 from the requirements of such section 2222, to the extent 

2 that such requirements are otherwise applicable. 

3 ‘‘(g) RELATION TO CLINGER-COHEN ACT.—(1) Exec4 utive agency responsibilities in chapter 113 of title 40, 

5 United States Code, for any intelligence community busi6 ness system transformation shall be exercised jointly by— 

7 ‘‘(A) the Director of National Intelligence and 

8 the Chief Information Officer of the Intelligence 

9 Community; and 

10 ‘‘(B) the head of the executive agency that con11 tains the element of the intelligence community in12 volved and the chief information officer of that exec13 utive agency. 

14 ‘‘(2) The Director of National Intelligence and the 

15 head of the executive agency referred to in paragraph 

16 (1)(B) shall enter into a memorandum of understanding 

17 to carry out the requirements of this section in a manner 

18 that best meets the needs of the intelligence community 

19 and the executive agency. 

20 ‘‘(h) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘enterprise architecture’ has the 

22 meaning given that term in section 3601(4) of title 

23 44, United States Code. 

24 ‘‘(2) The terms ‘information system’ and ‘infor25 mation technology’ have the meanings given those 


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1 terms in section 11101 of title 40, United States 

2 Code. 

3 ‘‘(3) The term ‘intelligence community business 

4 system’ means an information system, including a 

5 national security system, that is operated by, for, or 

6 on behalf of an element of the intelligence commu7 nity, including a financial system, mixed system, fi8 nancial data feeder system, and the business infra9 structure capabilities shared by the systems of the 

10 business enterprise architecture, including people, 

11 process, and technology, that build upon the core in12 frastructure used to support business activities, such 

13 as acquisition, financial management, logistics, stra14 tegic planning and budgeting, installations and envi15 ronment, and human resource management. 

16 ‘‘(4) The term ‘intelligence community business 

17 system transformation’ means— 

18 ‘‘(A) the acquisition or development of a 

19 new intelligence community business system; or 

20 ‘‘(B) any significant modification or en21 hancement of an existing intelligence commu22 nity business system (other than necessary to 

23 maintain current services). 


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1 ‘‘(5) The term ‘national security system’ has 

2 the meaning given that term in section 3552(b) of 

3 title 44, United States Code.’’. 

4 SEC. 311. INCLUSION OF INSPECTOR GENERAL OF INTEL5 LIGENCE COMMUNITY IN COUNCIL OF IN6 SPECTORS GENERAL ON INTEGRITY AND EF7 FICIENCY. 

8 Section 11(b)(1)(B) of the Inspector General Act of 

9 1978 (Public Law 95–452; 5 U.S.C. App.) is amended by 

10 striking ‘‘the Office of the Director of National Intel11 ligence’’ and inserting ‘‘the Intelligence Community’’. 

12 SEC. 312. AUTHORITIES OF THE INSPECTOR GENERAL FOR 

13 THE CENTRAL INTELLIGENCE AGENCY. 

14 (a) INFORMATION AND ASSISTANCE.—Paragraph (9) 

15 of section 17(e) of the Central Intelligence Agency Act of 

16 1949 (50 U.S.C. 3517(e)(9)) is amended to read as fol17 lows: 

18 ‘‘(9)(A) The Inspector General may request such in19 formation or assistance as may be necessary for carrying 

20 out the duties and responsibilities of the Inspector General 

21 provided by this section from any Federal, State, or local 

22 governmental agency or unit thereof. 

23 ‘‘(B) Upon request of the Inspector General for infor24 mation or assistance from a department or agency of the 

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1 cy involved, insofar as practicable and not in contravention 

2 of any existing statutory restriction or regulation of such 

3 department or agency, shall furnish to the Inspector Gen4 eral, or to an authorized designee, such information or as5 sistance. 

6 ‘‘(C) Nothing in this paragraph may be construed to 

7 provide any new authority to the Central Intelligence 

8 Agency to conduct intelligence activity in the United 

9 States. 

10 ‘‘(D) In this paragraph, the term ‘State’ means each 

11 of the several States, the District of Columbia, the Com12 monwealth of Puerto Rico, the Commonwealth of the 

13 Northern Mariana Islands, and any territory or possession 

14 of the United States.’’. 

15 (b) TECHNICAL AMENDMENTS RELATING TO SELEC16 TION OF EMPLOYEES.—Paragraph (7) of such section (50 

17 U.S.C. 3517(e)(7)) is amended— 

18 (1) by inserting ‘‘(A)’’ before ‘‘Subject to appli19 cable law’’; and 

20 (2) by adding at the end the following new sub21 paragraph: 

22 ‘‘(B) Consistent with budgetary and personnel re23 sources allocated by the Director, the Inspector General 

24 has final approval of— 


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1 ‘‘(i) the selection of internal and external can2 didates for employment with the Office of Inspector 

3 General; and 

4 ‘‘(ii) all other personnel decisions concerning 

5 personnel permanently assigned to the Office of In6 spector General, including selection and appointment 

7 to the Senior Intelligence Service, but excluding all 

8 security-based determinations that are not within 

9 the authority of a head of other Central Intelligence 

10 Agency offices.’’. 

11 SEC. 313. CLARIFICATION RELATING TO INFORMATION AC12 CESS BY COMPTROLLER GENERAL. 

13 Section 348(a) of the Intelligence Authorization Act 

14 for Fiscal Year 2010 (Public Law 111–259; 124 Stat. 

15 2700; 50 U.S.C. 3308) is amended by adding at the end 

16 the following new paragraph: 

17 ‘‘(4) REQUESTS BY CONGRESSIONAL INTEL18 LIGENCE COMMITTEES.—Consistent with the protec19 tion of classified information, the directive issued 

20 under paragraph (1) shall not prohibit the Comp21 troller General from obtaining information necessary 

22 to carry out an audit or review at the request of the 

23 congressional intelligence committees or pursuant to 

24 an intelligence authorization Act, a committee report 

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1 telligence authorization Act, or classified annex to a 

2 committee report or joint explanatory statement.’’. 

3 SEC. 314. TECHNICAL AMENDMENTS RELATING TO PAY 

4 UNDER TITLE 5, UNITED STATES CODE. 

5 Section 5102(a)(1) of title 5, United States Code, is 

6 amended— 

7 (1) in clause (vii), by striking ‘‘or’’; 

8 (2) by inserting after clause (vii) the following 

9 new clause: 

10 ‘‘(viii) the Office of the Director of Na11 tional Intelligence;’’; and 

12 (3) in clause (x), by striking the period and in13 serting a semicolon. 

14 Subtitle B—Matters Relating to 

15 United States Naval Station, 

16 Guantanamo Bay, Cuba 

17 SEC. 321. PROHIBITION ON USE OF FUNDS FOR TRANSFER 

18 OR RELEASE OF INDIVIDUALS DETAINED AT 

19 UNITED STATES NAVAL STATION, GUANTA20 NAMO BAY, CUBA. 

21 No amounts authorized to be appropriated or other22 wise made available to an element of the intelligence com23 munity may be used during the period beginning on the 

24 date of the enactment of this Act and ending on December 

25 31, 2016, to transfer, release, or assist in the transfer or 


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1 release, to or within the United States, its territories, or 

2 possessions, Khalid Sheikh Mohammed or any other indi3 vidual detained at Guantanamo (as such term is defined 

4 in section 322(c)). 

5 SEC. 322. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 

6 OR MODIFY FACILITIES IN UNITED STATES 

7 TO HOUSE DETAINEES TRANSFERRED FROM 

8 UNITED STATES NAVAL STATION, GUANTA9 NAMO BAY, CUBA. 

10 (a) IN GENERAL.—No amounts authorized to be ap11 propriated or otherwise made available to an element of 

12 the intelligence community may be used during the period 

13 beginning on the date of the enactment of this Act and 

14 ending on December 31, 2016, to construct or modify any 

15 facility in the United States, its territories, or possessions 

16 to house any individual detained at Guantanamo for the 

17 purposes of detention or imprisonment in the custody or 

18 under the control of the Department of Defense. 

19 (b) EXCEPTION.—The prohibition in subsection (a) 

20 shall not apply to any modification of facilities at United 

21 States Naval Station, Guantanamo Bay, Cuba. 

22 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE23 FINED.—In this section, the term ‘‘individual detained at 

24 Guantanamo’’ means any individual located at United 


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1 States Naval Station, Guantanamo Bay, Cuba, as of Octo2 ber 1, 2009, who— 

3 (1) is not a citizen of the United States or a 

4 member of the Armed Forces of the United States; 

5 and 

6 (2) is— 

7 (A) in the custody or under the control of 

8 the Department of Defense; or 

9 (B) otherwise under detention at United 

10 States Naval Station, Guantanamo Bay, Cuba. 

11 SEC. 323. PROHIBITION ON USE OF FUNDS TO TRANSFER 

12 OR RELEASE INDIVIDUALS DETAINED AT 

13 UNITED STATES NAVAL STATION, GUANTA14 NAMO BAY, CUBA, TO COMBAT ZONES. 

15 (a) IN GENERAL.—No amounts authorized to be ap16 propriated or otherwise made available to an element of 

17 the intelligence community may be used during the period 

18 beginning on the date of the enactment of this Act and 

19 ending on December 31, 2016, to transfer, release, or as20 sist in the transfer or release of any individual detained 

21 in the custody or under the control of the Department of 

22 Defense at United States Naval Station, Guantanamo 

23 Bay, Cuba, to a combat zone. 

24 (b) COMBAT ZONE DEFINED.—In this section, the 

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1 bat zone for purposes of section 112 of the Internal Rev2 enue Code of 1986 for which the income of a member of 

3 the Armed Forces was excluded during 2014, 2015, or 

4 2016 by reason of the member’s service on active duty 

5 in such area. 

6 Subtitle C—Reports 

7 SEC. 331. REPORTS TO CONGRESS ON INDIVIDUALS FOR8 MERLY DETAINED AT UNITED STATES NAVAL 

9 STATION, GUANTANAMO BAY, CUBA. 

10 (a) ADDITIONAL MATTERS FOR INCLUSION IN RE11 PORTS.—Subsection (c) of section 319 of the Supple12 mental Appropriations Act, 2009 (Public Law 111–32; 

13 123 Stat. 1874; 10 U.S.C. 801 note) is amended by add14 ing after paragraph (5) the following new paragraphs: 

15 ‘‘(6) A summary of all contact by any means of 

16 communication, including telecommunications, elec17 tronic or technical means, in person, written commu18 nications, or any other means of communication, re19 gardless of content, between any individual formerly 

20 detained at Naval Station, Guantanamo Bay, Cuba, 

21 and any individual known or suspected to be associ22 ated with a foreign terrorist group. 

23 ‘‘(7) A description of whether any of the con24 tact described in the summary required by para25 graph (6) included any information or discussion 


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1 about hostilities against the United States or its al2 lies or partners. 

3 ‘‘(8) For each individual described in paragraph 

4 (4), the period of time between the date on which 

5 the individual was released or transferred from 

6 Naval Station, Guantanamo Bay, Cuba, and the 

7 date on which it is confirmed that the individual is 

8 suspected or confirmed of reengaging in terrorist ac9 tivities. 

10 ‘‘(9) The average period of time described in 

11 paragraph (8) for all the individuals described in 

12 paragraph (4).’’. 

13 (b) FORM.—Subsection (a) of such section is amend14 ed by adding at the end the following: ‘‘The reports may 

15 be submitted in classified form.’’. 

16 (c) RULE OF CONSTRUCTION.—Nothing in this sec17 tion or the amendments made by this section shall be con18 strued to terminate, alter, modify, override, or otherwise 

19 affect any reporting of information required under section 

20 319(c) of the Supplemental Appropriations Act, 2009 

21 (Public Law 111–32; 123 Stat. 1874; 10 U.S.C. 801 

22 note), as in effect immediately before the enactment of 

23 this section. 


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1 SEC. 332. REPORTS ON FOREIGN FIGHTERS. 

2 (a) REPORTS REQUIRED.—Not later than 60 days 

3 after the date of the enactment of this Act, and every 60 

4 days thereafter, the Director of National Intelligence shall 

5 submit to the congressional intelligence committees a re6 port on foreign fighter flows to and from Syria and to 

7 and from Iraq. The Director shall define the term ‘‘foreign 

8 fighter’’ in such reports. 

9 (b) MATTERS TO BE INCLUDED.—Each report sub10 mitted under subsection (a) shall include each of the fol11 lowing: 

12 (1) The total number of foreign fighters who 

13 have traveled to Syria or Iraq since January 1, 

14 2011, the total number of foreign fighters in Syria 

15 or Iraq as of the date of the submittal of the report, 

16 the total number of foreign fighters whose countries 

17 of origin have a visa waiver program described in 

18 section 217 of the Immigration and Nationality Act 

19 (8 U.S.C. 1187), the total number of foreign fight20 ers who have left Syria or Iraq, the total number of 

21 female foreign fighters, and the total number of de22 ceased foreign fighters. 

23 (2) The total number of United States persons 

24 who have traveled or attempted to travel to Syria or 

25 Iraq since January 1, 2011, the total number of 

26 such persons who have arrived in Syria or Iraq since 


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1 such date, and the total number of such persons who 

2 have returned to the United States from Syria or 

3 Iraq since such date. 

4 (3) The total number of foreign fighters in Ter5 rorist Identities Datamart Environment and the sta6 tus of each such foreign fighter in that database, the 

7 number of such foreign fighters who are on a 

8 watchlist, and the number of such foreign fighters 

9 who are not on a watchlist. 

10 (4) The total number of foreign fighters who 

11 have been processed with biometrics, including face 

12 images, fingerprints, and iris scans. 

13 (5) Any programmatic updates to the foreign 

14 fighter report since the last report was issued, in15 cluding updated analysis on foreign country coopera16 tion, as well as actions taken, such as denying or re17 voking visas. 

18 (6) A worldwide graphic that describes foreign 

19 fighters flows to and from Syria, with points of ori20 gin by country. 

21 (c) FORM.—The reports submitted under subsection 

22 (a) may be submitted in classified form. 

23 (d) TERMINATION.—The requirement to submit re24 ports under subsection (a) shall terminate on the date that 

25 is three years after the date of the enactment of this Act. 


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1 SEC. 333. REPORTS ON PRISONER POPULATION AT UNITED 

2 STATES NAVAL STATION, GUANTANAMO BAY, 

3 CUBA. 

4 (a) REPORTS REQUIRED.—Not later than 60 days 

5 after the date of the enactment of this Act, and every 30 

6 days thereafter, the Director of the Defense Intelligence 

7 Agency, in coordination with the Director of National In8 telligence, shall submit to the Members of Congress speci9 fied in subsection (b) a report on the prisoner population 

10 at the detention facility at United States Naval Station, 

11 Guantanamo Bay, Cuba. 

12 (b) SPECIFIED MEMBERS AND COMMITTEES OF CON13 GRESS.—The Members of Congress specified in this sub14 section are the following: 

15 (1) The majority leader and minority leader of 

16 the Senate. 

17 (2) The Chairman and Ranking Member of the 

18 Committee on Armed Services of the Senate. 

19 (3) The Chairman and Vice Chairman of the 

20 Select Committee on Intelligence of the Senate. 

21 (4) The Chairman and Vice Chairman of the 

22 Committee on Appropriations of the Senate. 

23 (5) The Speaker of the House of Representa24 tives. 

25 (6) The minority leader of the House of Rep26 resentatives. 


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1 (7) The Chairman and Ranking Member of the 

2 Committee on Armed Services of the House of Rep3 resentatives. 

4 (8) The Chairman and Ranking Member of the 

5 Permanent Select Committee on Intelligence of the 

6 House of Representatives. 

7 (9) The Chairman and Ranking Member of the 

8 Committee on Appropriations of the House of Rep9 resentatives. 

10 (c) MATTERS TO BE INCLUDED.—Each report sub11 mitted under subsection (a) shall include each of the fol12 lowing: 

13 (1) The name and country of origin of each 

14 prisoner detained at the detention facility at United 

15 States Naval Station Guantanamo Bay, Cuba, as of 

16 the date of such report. 

17 (2) A current summary of the evidence, intel18 ligence, and information used to justify the detention 

19 of each prisoner listed under paragraph (1) at 

20 United States Naval Station, Guantanamo Bay, 

21 Cuba. 

22 (3) A current accounting of all the measures 

23 taken to transfer each prisoner listed under para24 graph (1) to the individual’s country of citizenship 

25 or another country. 


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1 (4) A current description of the number of indi2 viduals released or transferred from detention at 

3 United States Naval Station, Guantanamo Bay, 

4 Cuba, who are confirmed or suspected of returning 

5 to terrorist activities after such release or transfer. 

6 (5) An assessment of any efforts by foreign ter7 rorist organizations to recruit individuals released 

8 from detention at United States Naval Station, 

9 Guantanamo Bay, Cuba. 

10 (6) A summary of all contact by any means of 

11 communication, including telecommunications, elec12 tronic or technical means, in person, written commu13 nications, or any other means of communication, re14 gardless of content, between any individual formerly 

15 detained at United States Naval Station, Guanta16 namo Bay, Cuba, and any individual known or sus17 pected to be associated with a foreign terrorist 

18 group. 

19 (7) A description of whether any of the contact 

20 described in the summary required by paragraph (6) 

21 included any information or discussion about hos22 tilities against the United States or its allies or part23 ners. 

24 (8) For each individual described in paragraph 

25 (4), the period of time between the date on which 


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1 the individual was released or transferred from 

2 United States Naval Station, Guantanamo Bay, 

3 Cuba, and the date on which it is confirmed that the 

4 individual is suspected or confirmed of reengaging in 

5 terrorist activities. 

6 (9) The average period of time described in 

7 paragraph (8) for all the individuals described in 

8 paragraph (4). 

9 SEC. 334. REPEAL OF CERTAIN REPORTING REQUIRE10 MENTS. 

11 (a) QUADRENNIAL AUDIT OF POSITIONS REQUIRING

12 SECURITY CLEARANCES.—Section 506H of the National 

13 Security Act of 1947 (50 U.S.C. 3104) is amended— 

14 (1) by striking subsection (a); and 

15 (2) by redesignating subsections (b) and (c) as 

16 subsections (a) and (b), respectively. 

17 (b) REPORTS ON ROLE OF ANALYSTS AT FBI AND

18 FBI INFORMATION SHARING.—Section 2001(g) of the In19 telligence Reform and Terrorism Prevention Act of 2004 

20 (Public Law 108–458; 118 Stat. 3700; 28 U.S.C. 532 

21 note) is amended by striking paragraphs (3) and (4). 

22 (c) REPORT ON OUTSIDE EMPLOYMENT BY OFFI23 CERS AND EMPLOYEES OF INTELLIGENCE COMMUNITY.— 


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1 (1) IN GENERAL.—Section 102A(u) of the Na2 tional Security Act of 1947 (50 U.S.C. 3024) is 

3 amended— 

4 (A) by striking ‘‘(1) The Director’’ and in5 serting ‘‘The Director’’; and 

6 (B) by striking paragraph (2). 

7 (2) CONFORMING AMENDMENT.—Subsection (a) 

8 of section 507 of such Act (50 U.S.C. 3106(a)) is 

9 amended— 

10 (A) by striking paragraph (5); and 

11 (B) by redesignating paragraph (6) as 

12 paragraph (5). 

13 (3) TECHNICAL AMENDMENT.—Subsection 

14 (c)(1) of such section 507 is amended by striking 

15 ‘‘subsection (a)(1)’’ and inserting ‘‘subsection (a)’’. 

Æ 


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