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Bill
Notes

H.R. 2596 — what changed

Intelligence Authorization Act for Fiscal Year 2016

From Introduced in House to Reported in House. 5 sections amended and 3 added between Introduced in House and Reported in House.

Sec. 102 Classified schedule of authorizations

(a)
changed 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. 303 Prior congressional notification of initiations of certain new special access programs

(a)
changed 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, 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)
changed 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, 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. 313 Provision of information and assistance to Inspector General of the Intelligence Community

changed Section 348(a) 103H(j)(4) of the Intelligence Authorization National Security Act for Fiscal Year 2010 (Public Law 111–259; 124 Stat. 2700; 50 of 1947 (50 U.S.C. 3308) 3033) is amended by adding at the end the following new paragraph:amended—

(1)
added 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)
added in subparagraph (B), by inserting “from a department, agency, or element of the Federal Government” before “under subparagraph (A)”.

removed “(4) Requests by congressional intelligence 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 an audit or review at the request of the congressional intelligence committees or pursuant to an intelligence authorization Act, a committee report or joint explanatory statement accompanying an intelligence authorization Act, or classified annex to a committee report or joint explanatory statement.”

Sec. 314 Clarification relating to information access by Comptroller General

changed Section 5102(a)(1) 348(a) of title 5, United States Code, the Intelligence Authorization Act for Fiscal Year 2010 (Public Law 111–259; 124 Stat. 2700; 50 U.S.C. 3308) is amended—amended by adding at the end the following new paragraph:

added “(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:

added “(A) An audit or review carried out—

added “(i) at the request of the congressional intelligence committees; or

added “(ii) pursuant to—

added “(I) an intelligence authorization Act;

added “(II) a committee report or joint explanatory statement accompanying an intelligence authorization Act; or

added “(III) a classified annex to a committee report or joint explanatory statement accompanying an intelligence authorization Act.

added “(B) An audit or review pertaining to intelligence activities of the Department of Defense carried out—

added “(i) at the request of the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code); or

added “(ii) pursuant to a national defense authorization Act.”

(1)
removed in clause (vii), by striking “or”;
(2)
removed by inserting after clause (vii) the following new clause:

removed “(viii) the Office of the Director of National Intelligence;”

(3)
removed in clause (x), by striking the period and inserting a semicolon.

Sec. 315 Use of homeland security grant funds in conjunction with Department of Energy national laboratories

added

added 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

added

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

(1)
added in clause (vii), by striking “or”;
(2)
added by inserting after clause (vii) the following new clause:

added “(viii) the Office of the Director of National Intelligence;”

(3)
added in clause (x), by striking the period and inserting a semicolon.

Sec. 334 Report on use of certain business concerns

(a)
changed Quadrennial audit of positions requiring security clearances—In general— Section 506H Not later than 90 days after the date of the enactment of this Act, the Director of National Security Act Intelligence shall submit to the congressional intelligence communities a report on the representation, as of 1947 (50 U.S.C. 3104) is amended—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.
(1)
removed by striking subsection (a); and
(2)
removed by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
(b)
changed Reports on role of analysts at FBI and FBI information sharing—Matters included— Section 2001(g) of The report under subsection (a) shall include 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).following:
(1)
added The representation of covered business concerns as described in subsection (a), including such representation by—
(A)
added each type of covered business concern; and
(B)
added each element of the intelligence community.
(2)
added 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)
added 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)
added Covered business concerns defined— In this section, the term “covered business concerns” means the following:
(c)
removed Report on outside employment by officers and employees of intelligence community—
(1)
removed In general— Section 102A(u) of the National Security Act of 1947 (50 U.S.C. 3024) is amended—
(A)
removed by striking “(1) The Director” and inserting “The Director”; and
(B)
removed by striking paragraph (2).
(1)
changed Conforming amendment— Subsection (a) of section 507 of such Act (50 U.S.C. 3106(a)) is amended—Minority-owned businesses.
(A)
removed by striking paragraph (5); and
(B)
removed by redesignating paragraph (6) as paragraph (5).
(2)
changed Technical amendment— Subsection (c)(1) of such section 507 is amended by striking “subsection (a)(1)” and inserting “subsection (a)”.Women-owned businesses.
(3)
added Small disadvantaged businesses.
(4)
added Service-disabled veteran-owned businesses.
(5)
added Veteran-owned small businesses.

Sec. 335 Repeal of certain reporting requirements

added
(a)
added Quadrennial audit of positions requiring security clearances— Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is amended—
(1)
added by striking subsection (a); and
(2)
added by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
(b)
added 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)
added Report on outside employment by officers and employees of intelligence community—
(1)
added In general— Section 102A(u) of the National Security Act of 1947 (50 U.S.C. 3024) is amended—
(A)
added by striking “(1) The Director” and inserting “The Director”; and
(B)
added by striking paragraph (2).
(2)
added Conforming amendment— Subsection (a) of section 507 of such Act (50 U.S.C. 3106(a)) is amended—
(A)
added by striking paragraph (5); and
(B)
added by redesignating paragraph (6) as paragraph (5).
(3)
added Technical amendment— Subsection (c)(1) of such section 507 is amended by striking “subsection (a)(1)” and inserting “subsection (a)”.
(d)
added 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)
added 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)
added Reports on security vulnerabilities of national laboratory computers— Section 4508 of the Atomic Energy Defense Act (50 U.S.C. 2659) is repealed.