Intelligence Authorization Act for Fiscal Year 2026
- Bill Number
- H.R. 5167
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-11-28: Placed on the Union Calendar, Calendar No. 339.
- Last Updated
- 2026-04-10T16:44:12Z
AI-Generated Summary
Intelligence Authorization Act for Fiscal Year 2026 (H.R. 5167)
Purpose
This legislation authorizes funding and establishes policies for U.S. intelligence and intelligence-related activities for fiscal year 2026. It aims to strengthen counterintelligence efforts, improve technology adoption (especially artificial intelligence), enhance workforce protections, promote efficient use of open-source information, and address specific foreign threats, such as from China and Russia. The act also reforms reporting requirements and supports retirement systems for intelligence personnel.
Key Provisions
- Funding Authorizations (Titles I and II):
- Authorizes appropriations for intelligence activities of the federal government, with specific amounts detailed in a classified schedule available to Congress and the President.
- Allocates $674.5 million for the Intelligence Community Management Account (plus classified additions) to coordinate intelligence efforts.
- Provides $514 million for the Central Intelligence Agency (CIA) Retirement and Disability System.
- Counterintelligence Reform (Title III – SECURE Act):
- Establishes the National Counterintelligence Center within the Office of the Director of National Intelligence (DNI), led by a Senate-confirmed Director who advises the President and DNI.
- Creates a National Counterintelligence Task Force to coordinate efforts across agencies.
- Expands the definition of counterintelligence to include deterring, disrupting, investigating, exploiting, or protecting against foreign intelligence threats.
- Outlines duties such as countering foreign influence, assessing threats, conducting damage assessments, and establishing training and information-sharing frameworks.
- Requires periodic reports, including a national counterintelligence strategy every three years and threat assessments every three years.
- General Intelligence Community Matters (Title IV):
- Restricts intelligence activities to those authorized by the Constitution and U.S. laws.
- Allows increases in employee compensation as needed.
- Enhances acquisition processes, including higher thresholds for the National Reconnaissance Office.
- Requires designation of senior officials for biotechnology in key agencies.
- Prohibits use of the DeepSeek AI application (or successors) on intelligence systems, with exceptions for national security and research.
- Mandates a knowledge management system for tracking international cartels and transnational crime, including sharing with law enforcement.
- Requires notices on impacts of closing diplomatic posts and harmonized policies for using classified data in AI training.
- Accelerates AI capability reviews, establishes technology adoption metrics, and develops an "AI Security Playbook" to protect advanced AI from theft by foreign actors.
- Specific Agency Matters (Title V):
- CIA: Issues guidance on reporting novel expenditures and improves installation security, including authority to counter drone threats over designated properties (with notifications and limits).
- Department of Defense (DoD) Elements: Requires avoiding duplicate purchases of commercial information, oversight of vendor support for clandestine activities, disestablishes advisory boards for geospatial and reconnaissance offices, and expands commercial imagery procurement.
- Other Agencies: Mandates FBI notifications of counterintelligence probes on federal candidates or officeholders; requires Department of Energy employees to report travel to high-risk countries and limits device use there.
- Open-Source Intelligence (Title VI):
- Defines terms like "open-source intelligence," "publicly available information," and "commercially available information" (data sold or accessible to the public or non-government entities).
- Designates officials to standardize collection, training, and use; requires purging incidentally collected data on U.S. persons.
- Mandates budget details, audits of expenditures, quarterly briefings on procurements, and updates to intelligence directives.
- Requires a study on engaging other federal agencies for open-source needs.
- Workforce Matters (Title VII):
- Requires unclassified performance appraisals for Defense Intelligence Agency employees, including for those departing.
- Prohibits requiring political or ideological activism (e.g., advocating on social issues) for job benefits, with exceptions for cover maintenance.
- Mandates merit-based personnel decisions, barring factors like reversing societal discrimination or assuming viewpoints based on protected characteristics (e.g., race, gender), except for job necessities like language skills.
- Ensures equal treatment in recruitment and training; treats certain CIA service as active-duty military for Veterans Affairs benefits.
- Foreign Countries Focus (Title VIII):
- Requires net assessments comparing U.S. and Chinese power in economic, tech, and diplomatic areas.
- Establishes a National Intelligence Manager for China (until 2030, waivable).
- Mandates a National Intelligence Estimate on Chinese biotechnology advancements.
- Extends the coordinator for Russian atrocities accountability to 2028, including child deportations.
- Requires a study on intelligence community's historical handling of foreign atrocities since 2010.
- Ensures intelligence support to Ukraine for defense operations, with notifications of interruptions.
- Reports and Other Matters (Title IX):
- Modifies access to restricted nuclear data under the Atomic Energy Act, exempting top officials (e.g., President, Congress members) with verification processes.
- Revises notifications for significant changes in NSA intelligence collection or sharing.
- Requires annual consolidated budget for intelligence drug control efforts.
- Repeals outdated reporting requirements (e.g., on minority hiring, financial intelligence on terrorists).
- Mandates notifications of changes to terrorist and transnational crime watchlists; annual reports on U.S. persons on the terrorist watchlist.
- Develops a plan for using a proposed biological data network.
Significant Changes to Existing Law
- Counterintelligence Overhaul: Creates a new standalone National Counterintelligence Center, transferring and expanding prior functions from the National Counterintelligence and Security Center; adds authorities for directing activities and fund transfers.
- Open-Source Reforms: Introduces purging requirements for U.S. person data and standardization of training/directives; repeals prior open-source provisions from 2004.
- Workforce Protections: Adds prohibitions on activism-based decisions and merit-based rules, potentially limiting diversity initiatives; transfers and updates performance appraisal laws.
- Repeals and Streamlining: Eliminates numerous reporting mandates (e.g., annual terrorist asset reports, minority hiring reports) and disestablishes advisory boards; shortens some reporting timelines (e.g., spyware threats to five years).
- AI and Tech: New prohibitions (e.g., DeepSeek AI) and playbooks; expands DoD acquisition flexibilities and CIA drone countermeasures (terminating in 2029).
- Foreign Focus: Adds China-specific roles and estimates; extends Russia coordinator; modifies watchlist notifications.
Potential Impacts
- Government Agencies: Enhances coordination and efficiency in intelligence operations, potentially reducing duplication in purchases and improving threat responses (e.g., AI security, counterintelligence). Increases oversight and reporting burdens on agencies like FBI, NSA, and DoD, but streamlines by repealing outdated requirements. DNI gains more control over budgets and activities.
- Citizens: Strengthens protections against foreign threats and improves veteran benefits for CIA personnel. Open-source purging limits retention of personal data, aiding privacy, but expanded watchlist notifications could affect transparency. Workforce rules may promote meritocracy but limit affirmative actions, impacting recruitment diversity.
- International Relations: Bolsters support for Ukraine against Russia; focuses intelligence on China (e.g., biotech, net assessments), potentially escalating scrutiny. Improves atrocity tracking and transnational crime info-sharing, aiding diplomacy and law enforcement partnerships. Drone authorities and post-closure notices could influence embassy security abroad.
Main Stakeholders Affected
- Intelligence Community: DNI, CIA, NSA, Defense Intelligence Agency, National Geospatial-Intelligence Agency, National Reconnaissance Office, FBI, and Department of Energy's intelligence office—benefit from funding, reforms, and tools but face new compliance (e.g., training, audits).
- Congress: Gains enhanced notifications (e.g., watchlists, AI reviews) and access to assessments; congressional intelligence committees oversee implementation.
- Department of Defense and Other Agencies: DoD elements must deconflict vendors and purchases; Energy and Justice departments integrate with new systems (e.g., travel reporting, crime databases).
- Private Sector: AI developers, commercial data providers, and vendors face prohibitions (e.g., DeepSeek), procurement standards, and security playbook guidelines; biotech firms may see increased scrutiny.
- U.S. Citizens and Veterans: Intelligence employees gain protections and benefits; public benefits from threat mitigation but may see indirect effects on privacy via open-source rules.
- International Actors: Ukraine receives sustained support; China and Russia face targeted intelligence focus; foreign governments/partners engage via info-sharing frameworks.
Notable Legal, Constitutional, or Political Implications
- Legal: Aligns with existing laws (e.g., National Security Act) by clarifying authorities (e.g., counterintelligence directions, drone interceptions) while preserving prosecutorial discretion for the Attorney General. Introduces data purging to comply with privacy laws like the Fourth Amendment, but exceptions (e.g., national security) could invite challenges. Repeals reduce administrative burdens without altering core obligations.
- Constitutional: Workforce provisions protect free speech by barring activism requirements, potentially upholding First Amendment rights, but merit rules may raise equal protection questions if seen as limiting diversity efforts under the Fourteenth Amendment. Access exemptions for officials to restricted data balance separation of powers.
- Political: Emphasizes bipartisan priorities like China/Russia threats and AI security, but workforce changes (e.g., prohibiting ideological activism) could spark debates on diversity vs. merit. Focus on Ukraine support signals sustained U.S. commitment amid geopolitical tensions; repeals of outdated reports streamline oversight, reducing partisan reporting disputes. Overall, enhances executive intelligence flexibility while bolstering congressional transparency.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Crawford, Eric A. "Rick" [R-AR-1]
Recent Actions
- 2025-11-28: Placed on the Union Calendar, Calendar No. 339.
- 2025-11-28: Reported (Amended) by the Committee on Intelligence. H. Rept. 119-389.
- 2025-11-28: Reported (Amended) by the Committee on Intelligence. H. Rept. 119-389.
- 2025-09-10: Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.
- 2025-09-10: Committee Consideration and Mark-up Session Held
- 2025-09-08: Referred to the House Committee on Intelligence (Permanent Select).
- 2025-09-08: Introduced in House
- 2025-09-08: Introduced in House
Bill Versions
- Intelligence Authorization Act for Fiscal Year 2026 — issued 2025-09-08 — PDF (6 pages)
- Intelligence Authorization Act for Fiscal Year 2026 — issued 2025-11-28 — PDF (134 pages)