119 HR 5167 RH: Intelligence Authorization Act for Fiscal Year 2026 U.S. House of Representatives 2025-11-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 339 119th CONGRESS1st Session H. R. 5167 [Report No. 119–389] IN THE HOUSE OF REPRESENTATIVES September 8, 2025 Mr. Crawford introduced the following bill; which was referred to the Permanent Select Committee on Intelligence November 28, 2025 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on September 8, 2025 A BILL To authorize appropriations for fiscal year 2026 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.

Short title; table of contents

(a)

Short title

This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2026. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Intelligence Activities Sec. 101. Authorization of appropriations. Sec. 102. Classified schedule of authorizations. Sec. 103. Intelligence Community Management Account. Title II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. Title III—Counterintelligence Reform Sec. 301. Short title. Sec. 302. Establishment, functions, and authorities of the National Counterintelligence Center. Sec. 303. Transition provisions. Sec. 304. Conforming amendments. Title IV—General Intelligence Community Matters Sec. 401. Restriction on conduct of intelligence activities. Sec. 402. Increase in employee compensation and benefits authorized by law. Sec. 403. Intelligence acquisition enhancement. Sec. 404. Senior officials for biotechnology. Sec. 405. Prohibition on use of DeepSeek on intelligence community systems. Sec. 406. Knowledge management system for international cartels and other transnational criminal organizations. Sec. 407. Notice of impact of diplomatic and consular post closings on intelligence activities. Sec. 408. Harmonizing policies on the use of classified data in training or refining artificial intelligence models. Sec. 409. Accelerating review of artificial intelligence capabilities for deployment. Sec. 410. Enhancing intelligence community technology adoption metrics. Sec. 411. AI security playbook. Title V—Matters Relating to Elements of the Intelligence Community Subtitle A—Central Intelligence Agency Sec. 501. Guidance on novel and significant expenditures for purposes of notification under the Central Intelligence Agency Act of 1949. Sec. 502. Improvements to security of Central Intelligence Agency installations. Subtitle B—Elements of Department of Defense Sec. 511. Requirement to avoid duplication in purchase of commercially available information for defense intelligence components. Sec. 512. Oversight and deconfliction of vendor support to clandestine activities. Sec. 513. Disestablishment of advisory boards for National Geospatial-Intelligence Agency and National Reconnaissance Office. Sec. 514. Expansion of commercial imagery and data procurement. Subtitle C—Other elements Sec. 521. Notice of counterintelligence assessments and investigations by the Federal Bureau of Investigation of candidates for or holders of Federal office. Sec. 522. Requirement for Department of Energy Employees to report travel to countries of risk. Title VI—Open-source intelligence matters Sec. 601. Definitions. Sec. 602. Efficient use of open-source intelligence. Sec. 603. Oversight of acquisition of commercially available information. Sec. 604. Budget matters relating to open-source intelligence activities. Sec. 605. Budget materials for open-source information, publicly available information, and commercially available information. Sec. 606. Standardization of training on collection of publicly available information and commercially available information. Sec. 607. Requirement to purge incidentally collected publicly available information or commercially available information relating to United States persons. Sec. 608. Update to intelligence community directives relating to open-source intelligence. Sec. 609. Audits of expenditures for publicly available information and commercially available information. Sec. 610. Quarterly briefings on procurement of commercially available information. Sec. 611. Study on engagement with other agencies with respect to open-source intelligence requirements. Title VII—Intelligence Community Workforce Matters Sec. 701. Unclassified appraisals of employees of the Defense Intelligence Agency. Sec. 702. Prohibition on requiring political or ideological activism within the intelligence community. Sec. 703. Merit-based personnel decisions. Sec. 704. Equal treatment in recruitment and training of intelligence community personnel. Sec. 705. Treatment of certain Agency service as active-duty service for purposes of benefits administered by Secretary of Veterans Affairs. Title VIII—Matters relating to Foreign Countries Sec. 801. Net assessments of the People’s Republic of China. Sec. 802. National Intelligence Management Council mission manager for the People’s Republic of China. Sec. 803. National Intelligence Estimate of advancements in biotechnology by the People’s Republic of China. Sec. 804. Extension of intelligence community coordinator for Russian atrocities accountability. Sec. 805. Study on collection and analysis by intelligence community of foreign atrocities. Sec. 806. Intelligence support for Ukraine. Title IX—Reports and Other Matters Sec. 901. Modifications to access to restricted data under the Atomic Energy Act of 1954. Sec. 902. Revisions to congressional notification of intelligence collection adjustments. Sec. 903. Annual submission of Intelligence Community Drug Control Program Budget proposal. Sec. 904. Repeal of annual report on financial intelligence on terrorist assets. Sec. 905. Repeal of outdated or unnecessary reporting requirements. Sec. 906. Notification of material changes to policies or procedures governing terrorist watchlist and transnational organized crime watchlist. Sec. 907. Annual report on United States persons on the terrorist watch list. Sec. 908. Plan on use of proposed web of biological data. (c)

Automatic execution of clerical changes

Except as otherwise expressly provided, when an amendment made by this Act amends an Act to add a section or larger organizational unit to that Act, repeals or transfers a section or larger organizational unit in that Act, or amends the designation or heading of a section or larger organizational unit in that Act, that amendment also shall have the effect of amending any table of contents of that Act to alter the table to conform to the changes made by the amendment.

2.

Definitions

In this Act: (1)

Congressional intelligence committees

The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (2)

Intelligence community

The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

. (c)

National Security Council participation

Section 101(c)(2) of the National Security Act of 1947 (50 U.S.C. 3021(c)(2)) is amended by striking and the National Cyber Director and inserting the National Cyber Director, and the Director of the National Counterintelligence Center. (d)

Coordination of Counterintelligence Matters with the Federal Bureau of Investigation

(1)

Technical correction to existing provision before transfer

(A)

Correction

Section 361(g) of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108‑177; 117 Stat. 2625) is amended by striking Section 811(c) and inserting Section 811(e). (B)

Effective date

The amendment made by subparagraph (A) shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108‑177). (2)

Transfer of provision

Subtitle B of title IV of the National Security Act of 1947, as added by subsection (a) of this section, is amended by adding at the end a new section 414 consisting of— (A)a heading as follows:

414.

Coordination of Counterintelligence Matters with the Federal Bureau of Investigation

; and (B)a text consisting of paragraphs (1) through (7) of subsection (e) of section 811 of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103‑359; 50 U.S.C. 3381). (3)

Modifications and conforming amendments

Section 414 of the National Security Act of 1947, as added by paragraph (2) of this section, is amended— (A)by redesignating paragraphs (1) through (7) as subsections (a) through (g), respectively (and redesignating the provisions in each paragraph and conforming the margins accordingly); (B)in subsection (a), as redesignated by subparagraph (A)— (i)by striking (a) Except as provided in paragraph (5) and inserting (a) Coordination.—Except as provided in subsection (e); (ii)in paragraph (1) (as so redesignated), by inserting and the Director of the National Counterintelligence Center after the Federal Bureau of Investigation; and (iii)in paragraph (2) (as so redesignated), by striking subparagraph (A) and inserting paragraph (1); (C)in subsection (b) (as so redesignated), by striking (b)Except as provided in paragraph (5) and inserting (b) Espionage information.—Except as provided in subsection (e); (D)in subsection (c) (as so redesignated)— (i)by striking (c) and inserting (c) Impact assessment.—; and (ii)in paragraph (2)(A)— (I)by striking subparagraph (A) and inserting paragraph (1); and (II)by striking investigation under paragraph (1) and inserting investigation under subsection (a); (E)in subsection (d) (as so redesignated)— (i)by striking (d) and inserting (d) Notification of full espionage investigation.—; and (ii)in paragraph (2), by striking subparagraph (A) and inserting paragraph (1); (F)in subsection (e) (as so redesignated)— (i)by striking (e) and inserting (e) Waiver.—; and (ii)by striking paragraph (1), (2), or (3) and inserting subsection (a), (b), or (c); (G)in subsection (f) (as so redesignated), by striking (f) and inserting (f) Rule of Construction.—; and (H)in subsection (g) (as so redesignated), by striking (g) and inserting (g) Definitions.—. (4)

Repeal of existing provision

Section 811 of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103–359; 50 U.S.C. 3381) is repealed. (e)

Damage assessments

(1)

Transfer of provision

Section 1105A of the National Security Act of 1947 (50 U.S.C. 3235a) is— (A)redesignated as section 415; and (B)transferred so as to appear after section 414, as added by subsection (d) of this section. (2)

Modifications

Section 415 of the National Security Act of 1947, as redesignated by paragraph (1), is amended— (A)by striking Director of National Intelligence each place it appears and inserting Director of the National Counterintelligence Center; and (B)by adding at the end the following new subsections: (d)

Requirements for Federal agencies

(1)

In general

The head of each department or agency of the Federal Government shall— (A)not later than 7 days after the head of such department or agency becomes aware of any actual or potential significant unauthorized disclosure or compromise of classified national intelligence, notify the Director of the National Counterintelligence Center of such disclosure or compromise; and (B)not later than 30 days after the date on which the Director of the National Counterintelligence Center submits a request to the head of such department or agency for information the Director considers necessary to carry out a damage assessment pursuant to this section, provide the Director of the National Counterintelligence Center such information. (2)

Notice of noncompliance

Not later than 30 days after the date on which the Director of the National Counterintelligence Center determines the head of a department or agency of the Federal Government has violated the requirements of paragraph (1), the Director shall notify the congressional intelligence committees and the Inspector General of the Intelligence Community of the violation. (3)

Notice of determination that only single element is impacted

Not later than 30 days after the head of a department or agency of the Federal Government determines that an actual or potential significant unauthorized disclosure or compromise of classified national intelligence impacts only that department or agency, the head of such department or agency shall provide to the Director of the National Counterintelligence Center notice of that determination. (e)

Semiannual Reports on Implementation

On January 31 and July 31 of each year, the Director of the National Counterintelligence Center shall submit to the congressional intelligence committees a report on actual or potential significant unauthorized disclosures or compromises of classified national intelligence. Each report shall include, with respect to the half-year period ending on the December 31 or June 30 preceding the submission of the report, respectively— (1)an identification of any actual or potential unauthorized disclosures or compromises that occurred during the period covered by the report; (2)the status of any action or dispensation with respect to each unauthorized disclosure or compromise— (A)identified in accordance with paragraph (1); or (B)for which notice and a description of the final resolution has not been provided to the congressional intelligence committees in a report required by this subsection; and (3)a description of any determinations by the Director that an unauthorized disclosure or compromise of classified national intelligence was not significant for purposes of subsection (a)(1)..

303.

Transition provisions

(a)

Redesignation of National Counterintelligence and Security Center

(1)

Center

The National Counterintelligence and Security Center is redesignated as the National Counterintelligence Center. (2)

Director

The person serving as the Director of the National Counterintelligence and Security Center on the day before the date of the enactment of this Act may serve as the Director of the National Counterintelligence Center until the date on which a Director of the National Counterintelligence Center is appointed by the President, by and with the advice and consent of the Senate, in accordance with section 401 of the National Security Act of 1947, as added by section 302 of this Act. (b)

Report on Transition of Security Components

(1)

Report

Not later than one year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing the assessment of the Director as to whether the security functions described in paragraph (3) should be functions of the Director of the National Counterintelligence Center or if such functions should be the responsibility of another official. (2)

Briefing

Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees a briefing on the progress of the assessment required under paragraph (1). (3)

Security functions described

The security functions described in this subsection are as follows: (A)Functions arising from the role of the Director of National Intelligence as the Security Executive Agent under section 803 of the National Security Act of 1947 (50 U.S.C. 3162a). (B)Functions arising from the role of the Director of National Intelligence as joint leader of the National Insider Threat Task Force. (C)Functions of the Special Security Directorate and Center for Security Evaluation of the National Counterintelligence Center (as so redesignated). (c)

Realignment of Counterintelligence-Related Activities within the Office of the Director of National Intelligence

Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall transfer the functions and personnel of the Office of the Director of National Intelligence relating to counterintelligence matters to the National Counterintelligence Center. (d)

Temporary Authority to Transfer Personnel and Reprogram Funds for Counterintelligence Activities

(1)

Authority to realign

During the 180-day period beginning on the date of the enactment of this title, subject to the authority, direction, and control of the Director of National Intelligence, the Director of the National Counterintelligence Center, in consultation with the heads of the elements of the intelligence community, may transfer personnel or transfer or reprogram funds made available under the National Intelligence Program to carry out title IV of the National Security Act of 1947, as added by section 302 of this Act. (2)

Notification

Not later than 30 days after transferring personnel or transferring or reprogramming funds under paragraph (1), the Director of the National Counterintelligence Center shall submit notice of the transfer or reprogramming to— (A)the congressional intelligence committees; (B)the Committees on Appropriations of the Senate and the House of Representatives; (C)in the case of a transfer or reprogramming to or from an element of the Department of Defense, the Committees on Armed Services of the Senate and the House of Representatives; and (D)in the case of a transfer or reprogramming to or from the Department of Justice, the Committees on the Judiciary of the Senate and the House of Representatives. (e)

National Counterintelligence Task Force

(1)

Clarification on Use of Existing Task Force

Nothing in this Act shall be construed to require the establishment of a new National Counterintelligence Task Force under section 403 of the National Security Act of 1947, as added by section 302 of this Act, if the National Counterintelligence Task Force, as in existence the day before the date of the enactment of this Act, satisfies the requirements of such section 403 or is modified to satisfy such requirements. (2)

Report

Not later than 90 days after the date of the establishment of the National Counterintelligence Task Force under section 403 of the National Security Act of 1947, as added by section 302 of this Act, the Director of the National Counterintelligence Center shall submit to the congressional intelligence committees a report containing— (A)the plans and activities of the Task Force, as in existence the day before the date of the enactment of this Act, during the period beginning on January 1, 2020, and ending on the date of the enactment of this Act; and (B)the organization, structure, and plans for the Task Force as established under such section 403.

304.

Conforming amendments

(a)

Conforming repeals

(1)

National Security Act of 1947

Section 103F of the National Security Act of 1947 (50 U.S.C. 3031, 3059) is repealed. (2)

Counterintelligence Enhancement Act of 2002

Sections 902 and 904 of the Counterintelligence Enhancement Act of 2002 (title IX of Public Law 107‑306; 50 U.S.C. 3382, 3383) are repealed. (b)

References to National Counterintelligence and Security Center

(1)

National Security Act of 1947

The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by striking National Counterintelligence and Security Center each place it appears and inserting National Counterintelligence Center in the following provisions: (A)Section 102A(f)(2) (50 U.S.C. 3024(f)(2)). (B)Section 102A(f)(8)(F) (50 U.S.C. 3024(f)(8)(F)). (C)Section 103(c)(9) (50 U.S.C. 3025(c)(9)). (D)Section 1107(a) (50 U.S.C. 3237(a)). (E)Section 1108(a) (50 U.S.C. 3238(a)). (2)

Other provisions of law

The following provisions of law are amended by striking National Counterintelligence and Security Center each place it appears and inserting National Counterintelligence Center: (A)Section 5315 of title 5, United States Code. (B)Section 1322(b)(1)(D) of title 41, United States Code. (C)Section 7318 of the Intelligence Authorization Act for Fiscal Year 2024 (division G of Public Law 118‑31; 50 U.S.C. 3384). (D)Section 6306(c)(6) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116‑92; 50 U.S.C. 3370(c)(6)). (E)Section 6508(a) of such Act (50 U.S.C. 3371d(a)). (F)Section 341(b) of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108‑177; 28 U.S.C. 519 note). (c)

Budget materials

Section 506(a)(4) of the National Security Act of 1947 (50 U.S.C. 3096(a)(4)) is amended by striking Counterintelligence and inserting The National Counterintelligence Program. (d)

Transfer of reporting provisions

(1)

Chinese influence operations

Section 1107 of the National Security Act of 1947 (50 U.S.C. 3237), as amended by subsection (b) of this section, is— (A)redesignated as section 435; and (B)transferred so as to appear after section 434 of such Act, as added by section 302 of this Act. (2)

Russian influence operations

Section 1108 of the National Security Act of 1947 (50 U.S.C. 3238), as amended by subsection (b) of this section, is— (A)redesignated as section 436; and (B)transferred so as to appear after section 435 of such Act, as redesignated and transferred by paragraph (1).

. (b)

Applicability date

(1)

Unclassified appraisals

Subsection (a) of section 1205 of the National Security Act of 1947, as added by subsection (a) of this section, shall apply with respect to any appraisal of an employee occurring on or after the date of the enactment of this Act. (2)

Appraisals for departing employees

Subsection (b) of such section shall apply with respect to any employee who terminates employment with the Defense Intelligence Agency on or after such date. (c)

Conforming transfers

The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is further amended as follows: (1)Sections 1104 and 1106 are— (A)transferred to title XII, as added by subsection (a) of this section; (B)inserted before section 1205, as so added; and (C)redesignated as sections 1201 and 1202, respectively. (2)Section 1202, as so redesignated, is amended by striking 1104 each place it appears and inserting 1201.

702.

Prohibition on requiring political or ideological activism within the intelligence community

Title XII of the National Security Act of 1947, as added and amended by section 701 of this Act, is further amended by inserting after section 1202 the following new section:

1203.

Prohibition on requiring political or ideological activism within the intelligence community

(a)

Prohibition

The head of each element of the intelligence community shall ensure that— (1)a covered individual is not required to engage in political or ideological activism as a condition for obtaining a positive personnel action; and (2)a covered individual is not awarded additional points or otherwise be determined to be more likely to obtain a positive personnel decision based on engaging in political or ideological activism. (b)

Exception for maintenance of cover

Subsection (a) shall not apply with respect to requirements that a covered individual engage in political or ideological activism for the purposes of maintaining the cover of such individual, as determined by the head of the element of the intelligence community that would take a positive personnel action. (c)

Definitions

In this section: (1)

Covered individual

The term covered individual means— (A)an applicant, employee, or former employee of an element of the intelligence community; (B)an employee or former employee assigned or detailed to an element of the intelligence community; (C)an employee or former employee of a contractor of an element of the intelligence community; or (D)an individual contractor or former individual contractor of an element of the intelligence community. (2)

Political or ideological activism

The term political or ideological activism means affirmatively advocating for beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action, including through speech, attendance at events, or membership in organizations or groups. (3)

Positive personnel action

The term positive personnel action means, with regard to a covered individual, any of the following: (A)An appointment requested by the covered individual. (B)A promotion requested by the covered individual. (C)A decision not to subject the covered individual to disciplinary or corrective action. (D)A detail, transfer, or reassignment, requested by the covered individual. (E)A decision not to subject the covered individual to a demotion, suspension, or termination. (F)A reinstatement or restoration requested by the covered individual. (G)A recommendation or positive performance evaluation. (H)A decision concerning pay, benefits, or awards requested by the covered individual. (I)A decision not to order or recommend medical testing or examination, including psychiatric testing or examination, that the covered individual does not request. (J)The implementation or enforcement against the covered individual of any nondisclosure policy, form, or agreement. (K)The granting of the response requested by the covered individual with respect to any claim of retaliatory action or harassment. (L)A decision not to subject the covered individual to an investigation requested, directed, initiated, or conducted for the primary purpose of punishing, harassing, or ostracizing an individual for making a protected disclosure. (M)A decision to provide education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation. (N)Any other significant change in duties, responsibilities, or working conditions, requested by the covered individual.

.

703.

Merit-based personnel decisions

Title XII of the National Security Act of 1947, as added by section 701 and amended by sections 701 and 702 of this Act, is further amended by inserting after section 1203 the following new section:

1204.

Merit-based personnel decisions

(a)

Requirement

The head of each element of the intelligence community shall ensure that no personnel action (as defined in section 1104(a)) by such element is taken with a motivating factor of any of the following: (1)A desire to reverse the impacts of societal discrimination based on race, color, religion, sex, sexual orientation, transgender status, or national origin. (2)A desire to provide role models to or aid in recruitment of individuals of the same race, color, religion, sex, sexual orientation, transgender status, or national origin. (3)A belief or assumption that certain viewpoints or experiences can be ascribed to a person based on race, color, religion, sex, sexual orientation, transgender status, or national origin. (b)

Rule of construction

Nothing in this section shall be construed to prohibit the head of an element of the intelligence community from taking into consideration linguistic ability, linguistic background, race, color, religion, sex, sexual orientation, transgender status, or national origin in those certain instances where such factor is a bona fide occupational qualification reasonably necessary for carrying out the job function, including maintenance of cover.

.

704.

Equal treatment in recruitment and training of intelligence community personnel

Section 102A(f)(3)(A)(iv) of the National Security Act of 1947 (50 U.S.C. 3024(f)(3)(A)(iv)) is amended by striking through the recruitment and all that follows and inserting a semicolon.

705.

Treatment of certain Agency service as active-duty service for purposes of benefits administered by Secretary of Veterans Affairs

(a)

Active-duty service

Title III of the Central Intelligence Agency Retirement Act (50 U.S.C. 2151 et seq.) is amended— (1)in the heading, by inserting and Veterans Affairs benefits after system; and (2)by adding at the end the following new section:

308.

Treatment of certain Agency service as active-duty service for purposes of benefits administered by Secretary of Veterans Affairs

(a)

Active-duty service

For purposes of the benefits administered by the Secretary of Veterans Affairs under title 38, United States Code, or any other provision of law, an injury or illness incurred or aggravated by the covered service of a qualifying veteran shall be treated as an injury or illness incurred or aggravated in line of duty in the active military, naval, air, or space service. (b)

Definitions

In this section: (1)

Active military, naval, air, or space service

The term active military, naval, air, or space service has the meaning given that term in section 101 of title 38, United States Code. (2)

Covered service

The term covered service means service performed by a qualifying veteran that meets the criteria specified in the classified annex accompanying the Intelligence Authorization Act for Fiscal Year 2026 or any subsequent Intelligence Authorization Act. (3)

Qualifying veteran

The term qualifying veteran means an employee of the Agency who is a veteran (as defined in section 101 of title 38, United States Code).

. (b)

Application

Section 308 of the Central Intelligence Agency Retirement Act, as added by subsection (a), shall apply with respect to injuries or illnesses incurred or aggravated before, on, or after the date of the enactment of this Act.

November 28, 2025 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed