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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1681 Engrossed in Senate (ES)]

113th CONGRESS
  2d Session
                                S. 1681

_______________________________________________________________________

                                 AN ACT

 
 To authorize appropriations for fiscal year 2014 for intelligence and 
intelligence-related activities of the United States Government and the 
     Office of the Director of National Intelligence, the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2014''.
    (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. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. CIARDS and FERS special retirement credit for service on 
                            detail to another agency.
                     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. Specific authorization of funding for High Performance 
                            Computing Center 2.
Sec. 304. Clarification of exemption from Freedom of Information Act of 
                            identities of employees submitting 
                            complaints to the Inspector General of the 
                            Intelligence Community.
Sec. 305. Functional managers for the intelligence community.
Sec. 306. Annual assessment of intelligence community performance by 
                            function.
Sec. 307. Software licensing.
Sec. 308. Plans to respond to unauthorized public disclosures of covert 
                            actions.
Sec. 309. Auditability.
Sec. 310. Reports of fraud, waste, and abuse.
Sec. 311. Public Interest Declassification Board.
Sec. 312. Official representation items in support of the Coast Guard 
                            Attache Program.
Sec. 313. Declassification review of certain items collected during the 
                            mission that killed Osama bin Laden on May 
                            1, 2011.
Sec. 314. Merger of the Foreign Counterintelligence Program and the 
                            General Defense Intelligence Program.
                         Subtitle B--Reporting

Sec. 321. Significant interpretations of law concerning intelligence 
                            activities.
Sec. 322. Review for official publication of opinions of the Office of 
                            Legal Counsel of the Department of Justice 
                            concerning intelligence activities.
Sec. 323. Submittal to Congress by heads of elements of intelligence 
                            community of plans for orderly shutdown in 
                            event of absence of appropriations.
Sec. 324. Reports on chemical weapons in Syria.
Sec. 325. Reports to the intelligence community on penetrations of 
                            networks and information systems of certain 
                            contractors.
Sec. 326. Report on electronic waste.
Sec. 327. Promoting STEM education to meet the future workforce needs 
                            of the intelligence community.
Sec. 328. Repeal of the termination of notification requirements 
                            regarding the authorized disclosure of 
                            national intelligence.
Sec. 329. Repeal or modification of certain reporting requirements.
  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

                  Subtitle A--National Security Agency

Sec. 401. Appointment of the Director of the National Security Agency.
Sec. 402. Appointment of the Inspector General of the National Security 
                            Agency.
Sec. 403. Effective date and applicability.
               Subtitle B--National Reconnaissance Office

Sec. 411. Appointment of the Director of the National Reconnaissance 
                            Office.
Sec. 412. Appointment of the Inspector General of the National 
                            Reconnaissance Office.
Sec. 413. Effective date and applicability.
                Subtitle C--Central Intelligence Agency

Sec. 421. Gifts, devises, and bequests.
                   TITLE V--SECURITY CLEARANCE REFORM

Sec. 501. Continuous evaluation and sharing of derogatory information 
                            regarding personnel with access to 
                            classified information.
Sec. 502. Requirements for intelligence community contractors.
Sec. 503. Technology improvements to security clearance processing.
Sec. 504. Report on reciprocity of security clearances.
Sec. 505. Improving the periodic reinvestigation process.
Sec. 506. Appropriate committees of Congress defined.
       TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS

Sec. 601. Protection of intelligence community whistleblowers.
Sec. 602. Review of security clearance or access determinations.
Sec. 603. Revisions of other laws.
Sec. 604. Policies and procedures; nonapplicability to certain 
                            terminations.
                    TITLE VII--TECHNICAL AMENDMENTS

Sec. 701. Technical amendments to the Central Intelligence Agency Act 
                            of 1949.
Sec. 702. Technical amendments to the National Security Act of 1947 
                            relating to the past elimination of certain 
                            positions.
Sec. 703. Technical amendments to the Intelligence Authorization Act 
                            for Fiscal Year 2013.

SEC. 2. DEFINITIONS.

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

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2014 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
103, the authorized personnel ceilings as of September 30, 2014, 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 S. 
1681 of the One Hundred Thirteenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of 
        Authorizations referred to in subsection (a) shall be made 
        available to the Committee on Appropriations of the Senate, the 
        Committee on Appropriations of the House of Representatives, 
        and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the 
                budget; or
                    (C) as otherwise required by law.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Increases.--The Director of National Intelligence 
may authorize employment of civilian personnel in excess of the number 
authorized for fiscal year 2014 by the classified Schedule of 
Authorizations referred to in section 102(a) if the Director of 
National Intelligence determines that such action is necessary to the 
performance of important intelligence functions, except that the number 
of personnel employed in excess of the number authorized under such 
section may not, for any element of the intelligence community, exceed 
3 percent of the number of civilian personnel authorized under such 
Schedule for such element.
    (b) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 102(a), including any exemption from such 
personnel levels, of employment or assignment in--
            (1) a student program, trainee program, or similar program;
            (2) a reserve corps or as a reemployed annuitant; or
            (3) details, joint duty, or long term, full-time training.
    (c) Notice to Congressional Intelligence Committees.--The Director 
of National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to each exercise of an 
authority described in subsection (a).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2014 the sum of 
$528,229,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2015.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 855 positions as of September 30, 2014. 
Personnel serving in such elements may be permanent employees of the 
Office of the Director of National Intelligence or personnel detailed 
from other elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are 
        authorized to be appropriated for the Community Management 
        Account for fiscal year 2014 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for advanced 
        research and development shall remain available until September 
        30, 2015.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2014, there are authorized such additional personnel for the 
        Community Management Account as of that date as are specified 
        in the classified Schedule of Authorizations referred to in 
        section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2014 the sum of 
$514,000,000.

SEC. 202. CIARDS AND FERS SPECIAL RETIREMENT CREDIT FOR SERVICE ON 
              DETAIL TO ANOTHER AGENCY.

    (a) In General.--Section 203(b) of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2013(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``service in the Agency performed'' and inserting ``service 
        performed by an Agency employee''; and
            (2) in paragraph (1), by striking ``Agency activities'' and 
        inserting ``intelligence activities''.
    (b) Application.--The amendment made by subsection (a) shall be 
applied to retired or deceased officers of the Central Intelligence 
Agency who were designated at any time under section 203 of the Central 
Intelligence Agency Retirement Act (50 U.S.C. 2013) prior to the date 
of the enactment of this Act.

                     TITLE III--GENERAL PROVISIONS

                      Subtitle A--General Matters

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

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

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

SEC. 303. SPECIFIC AUTHORIZATION OF FUNDING FOR HIGH PERFORMANCE 
              COMPUTING CENTER 2.

    Funds appropriated for the construction of the High Performance 
Computing Center 2 (HPCC 2), as described in the table entitled 
Consolidated Cryptologic Program (CCP) in the classified annex to 
accompany the Consolidated and Further Continuing Appropriations Act, 
2013 (Public Law 113-6; 127 Stat. 198), in excess of the amount 
specified for such activity in the tables in the classified annex 
prepared to accompany the Intelligence Authorization Act for Fiscal 
Year 2013 (Public Law 112-277; 126 Stat. 2468) shall be specifically 
authorized by Congress for the purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 3094).

SEC. 304. CLARIFICATION OF EXEMPTION FROM FREEDOM OF INFORMATION ACT OF 
              IDENTITIES OF EMPLOYEES SUBMITTING COMPLAINTS TO THE 
              INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

    Section 103H(g)(3)(A) of the National Security Act of 1947 (50 
U.S.C. 3033(g)(3)(A)) is amended by striking ``undertaken;'' and 
inserting ``undertaken, and this provision shall qualify as a 
withholding statute pursuant to subsection (b)(3) of section 552 of 
title 5, United States Code (commonly known as the `Freedom of 
Information Act');''.

SEC. 305. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY.

    (a) Functional Managers Authorized.--Title I of the National 
Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by inserting 
after section 103I the following new section:

``SEC. 103J. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY.

    ``(a) Functional Managers Authorized.--The Director of National 
Intelligence may establish within the intelligence community one or 
more positions of manager of an intelligence function. Any position so 
established may be known as the `Functional Manager' of the 
intelligence function concerned.
    ``(b) Personnel.--The Director shall designate individuals to serve 
as manager of intelligence functions established under subsection (a) 
from among officers and employees of elements of the intelligence 
community.
    ``(c) Duties.--Each manager of an intelligence function established 
under subsection (a) shall have the duties as follows:
            ``(1) To act as principal advisor to the Director on the 
        intelligence function.
            ``(2) To carry out such other responsibilities with respect 
        to the intelligence function as the Director may specify for 
        purposes of this section.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947 is amended by 
inserting after the item relating to section 103I the following new 
item:

``Sec. 103J. Functional managers for the intelligence community.''.

SEC. 306. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY PERFORMANCE BY 
              FUNCTION.

    (a) Annual Assessments Required.--Title V of the National Security 
Act of 1947 (50 U.S.C. 3091 et seq.) is amended by inserting after 
section 506I the following new section:

``SEC. 506J. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY PERFORMANCE BY 
              FUNCTION.

    ``(a) In General.--Not later than April 1, 2016, and each year 
thereafter, the Director of National Intelligence shall, in 
consultation with the Functional Managers, submit to the congressional 
intelligence committees a report on covered intelligence functions 
during the preceding year.
    ``(b) Elements.--Each report under subsection (a) shall include for 
each covered intelligence function for the year covered by such report 
the following:
            ``(1) An identification of the capabilities, programs, and 
        activities of such intelligence function, regardless of the 
        element of the intelligence community that carried out such 
        capabilities, programs, and activities.
            ``(2) A description of the investment and allocation of 
        resources for such intelligence function, including an analysis 
        of the allocation of resources within the context of the 
        National Intelligence Strategy, priorities for recipients of 
        resources, and areas of risk.
            ``(3) A description and assessment of the performance of 
        such intelligence function.
            ``(4) An identification of any issues related to the 
        application of technical interoperability standards in the 
        capabilities, programs, and activities of such intelligence 
        function.
            ``(5) An identification of the operational overlap or need 
        for de-confliction, if any, within such intelligence function.
            ``(6) A description of any efforts to integrate such 
        intelligence function with other intelligence disciplines as 
        part of an integrated intelligence enterprise.
            ``(7) A description of any efforts to establish consistency 
        in tradecraft and training within such intelligence function.
            ``(8) A description and assessment of developments in 
        technology that bear on the future of such intelligence 
        function.
            ``(9) Such other matters relating to such intelligence 
        function as the Director may specify for purposes of this 
        section.
    ``(c) Definitions.--In this section:
            ``(1) The term `covered intelligence functions' means each 
        intelligence function for which a Functional Manager has been 
        established under section 103J during the year covered by a 
        report under this section.
            ``(2) The term `Functional Manager' means the manager of an 
        intelligence function established under section 103J.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947 is amended by 
inserting after the item relating to section 506I the following new 
item:

``Sec. 506J. Annual assessment of intelligence community performance by 
                            function.''.

SEC. 307. SOFTWARE LICENSING.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 3021 et seq.) is amended by inserting after section 108 the 
following new section:

``SEC. 109. SOFTWARE LICENSING.

    ``(a) Requirement for Inventories of Software Licenses.--The chief 
information officer of each element of the intelligence community, in 
consultation with the Chief Information Officer of the Intelligence 
Community, shall biennially--
            ``(1) conduct an inventory of all existing software 
        licenses of such element, including utilized and unutilized 
        licenses;
            ``(2) assess the actions that could be carried out by such 
        element to achieve the greatest possible economies of scale and 
        associated cost savings in software procurement and usage; and
            ``(3) submit to the Chief Information Officer of the 
        Intelligence Community each inventory required by paragraph (1) 
        and each assessment required by paragraph (2).
    ``(b) Inventories by the Chief Information Officer of the 
Intelligence Community.--The Chief Information Officer of the 
Intelligence Community, based on the inventories and assessments 
required by subsection (a), shall biennially--
            ``(1) compile an inventory of all existing software 
        licenses of the intelligence community, including utilized and 
        unutilized licenses; and
            ``(2) assess the actions that could be carried out by the 
        intelligence community to achieve the greatest possible 
        economies of scale and associated cost savings in software 
        procurement and usage.
    ``(c) Reports to Congress.--The Chief Information Officer of the 
Intelligence Community shall submit to the congressional intelligence 
committees a copy of each inventory compiled under subsection 
(b)(1).''.
    (b) Initial Inventory.--
            (1) Intelligence community elements.--
                    (A) Date.--Not later than 120 days after the date 
                of the enactment of this Act, the chief information 
                officer of each element of the intelligence community 
                shall complete the initial inventory, assessment, and 
                submission required under section 109(a) of the 
                National Security Act of 1947, as added by subsection 
                (a) of this section.
                    (B) Basis.--The initial inventory conducted for 
                each element of the intelligence community under 
                section 109(a)(1) of the National Security Act of 1947, 
                as added by subsection (a) of this section, shall be 
                based on the inventory of software licenses conducted 
                pursuant to section 305 of the Intelligence 
                Authorization Act for Fiscal Year 2013 (Public Law 112-
                277; 126 Stat. 2472) for such element.
            (2) Chief information officer of the intelligence 
        community.--Not later than 180 days after the date of the 
        enactment of this Act, the Chief Information Officer of the 
        Intelligence Community shall complete the initial compilation 
        and assessment required under section 109(b) of the National 
        Security Act of 1947, as added by subsection (a).
    (c) Table of Contents Amendments.--The table of contents in the 
first section of the National Security Act of 1947 is amended--
            (1) by striking the second item relating to section 104 
        (relating to Annual national security strategy report); and
            (2) inserting after the item relating to section 108 the 
        following new item:

``Sec. 109. Software licensing.''.

SEC. 308. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC DISCLOSURES OF COVERT 
              ACTIONS.

    Section 503 of the National Security Act of 1947 (50 U.S.C. 3093) 
is amended by adding at the end the following new subsection:
    ``(h) For each type of activity undertaken as part of a covert 
action, the President shall establish in writing a plan to respond to 
the unauthorized public disclosure of that type of activity.''.

SEC. 309. AUDITABILITY.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.) is amended by adding at the end the following new 
section:

``SEC. 509. AUDITABILITY OF CERTAIN ELEMENTS OF THE INTELLIGENCE 
              COMMUNITY.

    ``(a) Requirement for Annual Audits.--The head of each covered 
entity shall ensure that there is a full financial audit of such 
covered entity each year beginning with fiscal year 2014. Such audits 
may be conducted by an internal or external independent accounting or 
auditing organization.
    ``(b) Requirement for Unqualified Opinion.--Beginning as early as 
practicable, but in no event later than the audit required under 
subsection (a) for fiscal year 2016, the head of each covered entity 
shall take all reasonable steps necessary to ensure that each audit 
required under subsection (a) contains an unqualified opinion on the 
financial statements of such covered entity for the fiscal year covered 
by such audit.
    ``(c) Reports to Congress.--The chief financial officer of each 
covered entity shall provide to the congressional intelligence 
committees an annual audit report from an accounting or auditing 
organization on each audit of the covered entity conducted pursuant to 
subsection (a).
    ``(d) Covered Entity Defined.--In this section, the term `covered 
entity' means the Office of the Director of National Intelligence, the 
Central Intelligence Agency, the Defense Intelligence Agency, the 
National Security Agency, the National Reconnaissance Office, and the 
National Geospatial-Intelligence Agency.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947 is amended by 
inserting after the item relating to section 508 the following new 
item:

``Sec. 509. Auditability of certain elements of the intelligence 
                            community.''.

SEC. 310. REPORTS OF FRAUD, WASTE, AND ABUSE.

    Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended in paragraph (1)--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively;
            (2) by inserting after subparagraph (A) the following:
    ``(B) An employee of an element of the intelligence community, an 
employee assigned or detailed to an element of the intelligence 
community, or an employee of a contractor to the intelligence 
community, who intends to report to Congress a complaint or information 
with respect to an urgent concern may report such complaint or 
information to the Inspector General of the Intelligence Community.''; 
and
            (3) in subparagraph (D), as redesignated by paragraph (1)--
                    (A) by striking ``Act or section 17'' and inserting 
                ``Act, section 17''; and
                    (B) by striking the period at the end and inserting 
                ``, or section 103H(k) of the National Security Act of 
                1947 (50 U.S.C. 3033(k)).''.

SEC. 311. PUBLIC INTEREST DECLASSIFICATION BOARD.

    Section 710(b) of the Public Interest Declassification Act of 2000 
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking 
``2014.'' and inserting ``2018.''.

SEC. 312. OFFICIAL REPRESENTATION ITEMS IN SUPPORT OF THE COAST GUARD 
              ATTACHE PROGRAM.

    Notwithstanding any other limitation on the amount of funds that 
may be used for official representation items, the Secretary of 
Homeland Security may use funds made available to the Secretary through 
the National Intelligence Program for necessary expenses for 
intelligence analysis and operations coordination activities for 
official representation items in support of the Coast Guard Attache 
Program.

SEC. 313. DECLASSIFICATION REVIEW OF CERTAIN ITEMS COLLECTED DURING THE 
              MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011.

    Not later than 120 days after the date of the enactment of this 
Act, the Director of National Intelligence shall--
            (1) in the manner described in the classified annex to this 
        Act--
                    (A) complete a declassification review of documents 
                collected in Abbottabad, Pakistan, during the mission 
                that killed Osama bin Laden on May 1, 2011; and
                    (B) make publicly available any information 
                declassified as a result of the declassification review 
                required under paragraph (1); and
            (2) report to the congressional intelligence committees--
                    (A) the results of the declassification review 
                required under paragraph (1); and
                    (B) a justification for not declassifying any 
                information required to be included in such 
                declassification review that remains classified.

SEC. 314. MERGER OF THE FOREIGN COUNTERINTELLIGENCE PROGRAM AND THE 
              GENERAL DEFENSE INTELLIGENCE PROGRAM.

    Notwithstanding any other provision of law, the Director of 
National Intelligence shall carry out the merger of the Foreign 
Counterintelligence Program into the General Defense Intelligence 
Program as directed in the classified annex to this Act. The merger 
shall go into effect no earlier than 30 days after written notification 
of the merger is provided to the congressional intelligence committees.

                         Subtitle B--Reporting

SEC. 321. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING INTELLIGENCE 
              ACTIVITIES.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 3021 et seq.), as added by section 309 of this Act, is further 
amended by adding at the end the following new section:

``SEC. 510. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING INTELLIGENCE 
              ACTIVITIES.

    ``(a) Notification.--Except as provided in subsection (c) and to 
the extent consistent with due regard for the protection from 
unauthorized disclosure of classified information relating to sensitive 
intelligence sources and methods or other exceptionally sensitive 
matters, the General Counsel of each element of the intelligence 
community shall notify the congressional intelligence committees, in 
writing, of any significant legal interpretation of the United States 
Constitution or Federal law affecting intelligence activities conducted 
by such element by not later than 30 days after the date of the 
commencement of any intelligence activity pursuant to such 
interpretation.
    ``(b) Content.--Each notification under subsection (a) shall 
provide a summary of the significant legal interpretation and the 
intelligence activity or activities conducted pursuant to such 
interpretation.
    ``(c) Exceptions.--A notification under subsection (a) shall not be 
required for a significant legal interpretation if--
            ``(1) notice of the significant legal interpretation was 
        previously provided to the congressional intelligence 
        committees under subsection (a); or
            ``(2) the significant legal interpretation was made before 
        the date of the enactment of the Intelligence Authorization Act 
        for Fiscal Year 2014.
    ``(d) Limited Access for Covert Action.--If the President 
determines that it is essential to limit access to a covert action 
finding under section 503(c)(2), the President may limit access to 
information concerning such finding that is subject to notification 
under this section to those members of Congress who have been granted 
access to the relevant finding under section 503(c)(2).''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947 is amended by 
inserting after the item relating to section 509, as so added, the 
following new item:

``Sec. 510. Significant interpretations of law concerning intelligence 
                            activities.''.

SEC. 322. REVIEW FOR OFFICIAL PUBLICATION OF OPINIONS OF THE OFFICE OF 
              LEGAL COUNSEL OF THE DEPARTMENT OF JUSTICE CONCERNING 
              INTELLIGENCE ACTIVITIES.

    (a) Process for Review for Official Publication.--Not later than 
180 days after the date of the enactment of this Act, the Attorney 
General shall, in coordination with the Director of National 
Intelligence, establish a process for the regular review for official 
publication of significant opinions of the Office of Legal Counsel of 
the Department of Justice that have been provided to an element of the 
intelligence community.
    (b) Factors.--The process of review of opinions established under 
subsection (a) shall include consideration of the following:
            (1) The potential importance of an opinion to other 
        agencies or officials in the Executive branch.
            (2) The likelihood that similar questions addressed in an 
        opinion may arise in the future.
            (3) The historical importance of an opinion or the context 
        in which it arose.
            (4) The potential significance of an opinion to the overall 
        jurisprudence of the Office of Legal Counsel.
            (5) Such other factors as the Attorney General and the 
        Director of National Intelligence consider appropriate.
    (c) Presumption.--The process of review established under 
subsection (a) shall apply a presumption that significant opinions of 
the Office of Legal Counsel should be published when practicable, 
consistent with national security and other confidentiality 
considerations.
    (d) Construction.--Nothing in this section shall require the 
official publication of any opinion of the Office of Legal Counsel, 
including publication under any circumstance as follows:
            (1) When publication would reveal classified or other 
        sensitive information relating to national security.
            (2) When publication could reasonably be anticipated to 
        interfere with Federal law enforcement efforts or is prohibited 
        by law.
            (3) When publication would conflict with preserving 
        internal Executive branch deliberative processes or protecting 
        other information properly subject to privilege.
    (e) Requirement To Provide Classified Opinions to Congress.--
            (1) In general.--Any opinion of the Office of Legal Counsel 
        that would have been selected for publication under the process 
        of review established under subsection (a) but for the fact 
        that publication would reveal classified or other sensitive 
        information relating to national security shall be provided or 
        made available to the appropriate committees of Congress.
            (2) Exception for covert action.--If the President 
        determines that it is essential to limit access to a covert 
        action finding under section 503(c)(2) of the National Security 
        Act of 1947 (50 U.S.C. 3093(c)(2)), the President may limit 
        access to information concerning such finding that would 
        otherwise be provided or made available under this subsection 
        to those members of Congress who have been granted access to 
        such finding under such section 503(c)(2).
    (f) Judicial Review.--The determination whether an opinion of the 
Office of Legal Counsel is appropriate for official publication under 
the process of review established under subsection (a) is discretionary 
and is not subject to judicial review.

SEC. 323. SUBMITTAL TO CONGRESS BY HEADS OF ELEMENTS OF INTELLIGENCE 
              COMMUNITY OF PLANS FOR ORDERLY SHUTDOWN IN EVENT OF 
              ABSENCE OF APPROPRIATIONS.

    (a) In General.--Whenever the head of an applicable agency submits 
a plan to the Director of the Office of Management and Budget in 
accordance with section 124 of Office of Management and Budget Circular 
A-11, pertaining to agency operations in the absence of appropriations, 
or any successor circular of the Office that requires the head of an 
applicable agency to submit to the Director a plan for an orderly 
shutdown in the event of the absence of appropriations, such head shall 
submit a copy of such plan to the following:
            (1) The congressional intelligence committees.
            (2) The Subcommittee on Defense of the Committee on 
        Appropriations of the Senate.
            (3) The Subcommittee on Defense of the Committee on 
        Appropriations of the House of Representatives.
            (4) In the case of a plan for an element of the 
        intelligence community that is within the Department of 
        Defense, to--
                    (A) the Committee on Armed Services of the Senate; 
                and
                    (B) the Committee on Armed Services of the House of 
                Representatives.
    (b) Head of an Applicable Agency Defined.--In this section, the 
term ``head of an applicable agency'' includes the following:
            (1) The Director of National Intelligence.
            (2) The Director of the Central Intelligence Agency.
            (3) Each head of each element of the intelligence community 
        that is within the Department of Defense.

SEC. 324. REPORTS ON CHEMICAL WEAPONS IN SYRIA.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to Congress a report on the Syrian chemical weapons program.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) A comprehensive assessment of chemical weapon 
        stockpiles in Syria, including names, types, and quantities of 
        chemical weapons agents, types of munitions, and location and 
        form of storage, production, and research and development 
        facilities.
            (2) A listing of key personnel associated with the Syrian 
        chemical weapons program.
            (3) An assessment of undeclared chemical weapons 
        stockpiles, munitions, and facilities.
            (4) An assessment of how these stockpiles, precursors, and 
        delivery systems were obtained.
            (5) A description of key intelligence gaps related to the 
        Syrian chemical weapons program.
            (6) An assessment of any denial and deception efforts on 
        the part of the Syrian regime related to its chemical weapons 
        program.
    (c) Progress Reports.--Every 90 days until the date that is 18 
months after the date of the enactment of this Act, the Director of 
National Intelligence shall submit to Congress a progress report 
providing any material updates to the report required under subsection 
(a).

SEC. 325. REPORTS TO THE INTELLIGENCE COMMUNITY ON PENETRATIONS OF 
              NETWORKS AND INFORMATION SYSTEMS OF CERTAIN CONTRACTORS.

    (a) Procedures for Reporting Penetrations.--The Director of 
National Intelligence shall establish procedures that require each 
cleared intelligence contractor to report to an element of the 
intelligence community designated by the Director for purposes of such 
procedures when a network or information system of such contractor that 
meets the criteria established pursuant to subsection (b) is 
successfully penetrated.
    (b) Networks and Information Systems Subject to Reporting.--The 
Director of National Intelligence shall, in consultation with 
appropriate officials, establish criteria for covered networks to be 
subject to the procedures for reporting system penetrations under 
subsection (a).
    (c) Procedure Requirements.--
            (1) Rapid reporting.--The procedures established pursuant 
        to subsection (a) shall require each cleared intelligence 
        contractor to rapidly report to an element of the intelligence 
        community designated pursuant to subsection (a) of each 
        successful penetration of the network or information systems of 
        such contractor that meet the criteria established pursuant to 
        subsection (b). Each such report shall include the following:
                    (A) A description of the technique or method used 
                in such penetration.
                    (B) A sample of the malicious software, if 
                discovered and isolated by the contractor, involved in 
                such penetration.
                    (C) A summary of information created by or for such 
                element in connection with any program of such element 
                that has been potentially compromised due to such 
                penetration.
            (2) Access to equipment and information by intelligence 
        community personnel.--The procedures established pursuant to 
        subsection (a) shall--
                    (A) include mechanisms for intelligence community 
                personnel to, upon request, obtain access to equipment 
                or information of a cleared intelligence contractor 
                necessary to conduct forensic analysis in addition to 
                any analysis conducted by such contractor;
                    (B) provide that a cleared intelligence contractor 
                is only required to provide access to equipment or 
                information as described in subparagraph (A) to 
                determine whether information created by or for an 
                element of the intelligence community in connection 
                with any intelligence community program was 
                successfully exfiltrated from a network or information 
                system of such contractor and, if so, what information 
                was exfiltrated; and
                    (C) provide for the reasonable protection of trade 
                secrets, commercial or financial information, and 
                information that can be used to identify a specific 
                person (other than the name of the suspected 
                perpetrator of the penetration).
            (3) Limitation on dissemination of certain information.--
        The procedures established pursuant to subsection (a) shall 
        prohibit the dissemination outside the intelligence community 
        of information obtained or derived through such procedures that 
        is not created by or for the intelligence community except--
                    (A) with the approval of the contractor providing 
                such information;
                    (B) to the congressional intelligence committees or 
                the Subcommittees on Defense of the Committees on 
                Appropriations of the House of Representatives and the 
                Senate for such committees and such Subcommittees to 
                perform oversight; or
                    (C) to law enforcement agencies to investigate a 
                penetration reported under this section.
    (d) Issuance of Procedures and Establishment of Criteria.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall establish the procedures required under 
        subsection (a) and the criteria required under subsection (b).
            (2) Applicability date.--The requirements of this section 
        shall apply on the date on which the Director of National 
        Intelligence establishes the procedures required under this 
        section.
    (e) Coordination With the Secretary of Defense To Prevent Duplicate 
Reporting.--Not later than 180 days after the date of the enactment of 
this Act, the Director of National Intelligence and the Secretary of 
Defense shall establish procedures to permit a contractor that is a 
cleared intelligence contractor and a cleared defense contractor under 
section 941 of the National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112-239; 10 U.S.C. 2224 note) to submit a single 
report that satisfies the requirements of this section and such section 
941 for an incident of penetration of network or information system.
    (f) Definitions.--In this section:
            (1) Cleared intelligence contractor.--The term ``cleared 
        intelligence contractor'' means a private entity granted 
        clearance by the Director of National Intelligence or the head 
        of an element of the intelligence community to access, receive, 
        or store classified information for the purpose of bidding for 
        a contract or conducting activities in support of any program 
        of an element of the intelligence community.
            (2) Covered network.--The term ``covered network'' means a 
        network or information system of a cleared intelligence 
        contractor that contains or processes information created by or 
        for an element of the intelligence community with respect to 
        which such contractor is required to apply enhanced protection.
    (g) Savings Clauses.--Nothing in this section shall be construed to 
alter or limit any otherwise authorized access by government personnel 
to networks or information systems owned or operated by a contractor 
that processes or stores government data.

SEC. 326. REPORT ON ELECTRONIC WASTE.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the extent to which 
the intelligence community has implemented the recommendations of the 
Inspector General of the Intelligence Community contained in the report 
entitled ``Study of Intelligence Community Electronic Waste Disposal 
Practices'' issued in May 2013. Such report shall include an assessment 
of the extent to which the policies, standards, and guidelines of the 
intelligence community governing the proper disposal of electronic 
waste are applicable to covered commercial electronic waste that may 
contain classified information.
    (b) Definitions.--In this section:
            (1) Covered commercial electronic waste.--The term 
        ``covered commercial electronic waste'' means electronic waste 
        of a commercial entity that contracts with an element of the 
        intelligence community.
            (2) Electronic waste.--The term ``electronic waste'' 
        includes any obsolete, broken, or irreparable electronic 
        device, including a television, copier, facsimile machine, 
        tablet, telephone, computer, computer monitor, laptop, printer, 
        scanner, and associated electrical wiring.

SEC. 327. PROMOTING STEM EDUCATION TO MEET THE FUTURE WORKFORCE NEEDS 
              OF THE INTELLIGENCE COMMUNITY.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the Secretary of Education and the congressional intelligence 
committees a report describing the anticipated hiring needs of the 
intelligence community in the fields of science, technology, 
engineering, and mathematics, including cybersecurity and computer 
literacy. The report shall--
            (1) describe the extent to which competitions, challenges, 
        or internships at elements of the intelligence community that 
        do not involve access to classified information may be utilized 
        to promote education in the fields of science, technology, 
        engineering, and mathematics, including cybersecurity and 
        computer literacy, within high schools or institutions of 
        higher education in the United States;
            (2) include cost estimates for carrying out such 
        competitions, challenges, or internships; and
            (3) include strategies for conducting expedited security 
        clearance investigations and adjudications for students at 
        institutions of higher education for purposes of offering 
        internships at elements of the intelligence community.
    (b) Consideration of Existing Programs.--In developing the report 
under subsection (a), the Director shall take into consideration 
existing programs of the intelligence community, including the 
education programs of the National Security Agency and the Information 
Assurance Scholarship Program of the Department of Defense, as 
appropriate.
    (c) Definitions.--In this section:
            (1) High school.--The term ``high school'' mean a school 
        that awards a secondary school diploma.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (3) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).

SEC. 328. REPEAL OF THE TERMINATION OF NOTIFICATION REQUIREMENTS 
              REGARDING THE AUTHORIZED DISCLOSURE OF NATIONAL 
              INTELLIGENCE.

    Section 504 of the Intelligence Authorization Act for Fiscal Year 
2013 (Public Law 112-277; 126 Stat. 2477) is amended by striking 
subsection (e).

SEC. 329. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.

    (a) Repeal of Reporting Requirements.--
            (1) Threat of attack on the united states using weapons of 
        mass destruction.--Section 114 of the National Security Act of 
        1947 (50 U.S.C. 3050) is amended by striking subsection (b).
            (2) Treaty on conventional armed forces in europe.--Section 
        2(5)(E) of the Senate resolution advising and consenting to 
        ratification of the Document Agreed Among the States Parties to 
        the Treaty on Conventional Armed Forces in Europe (CFE) of 
        November 19, 1990, adopted at Vienna May 31, 1996 (Treaty Doc. 
        105-5) (commonly referred to as the ``CFE Flank Document''), 
        105th Congress, agreed to May 14, 1997, is repealed.
    (b) Modification of Reporting Requirements.--
            (1) Intelligence advisory committees.--Section 410(b) of 
        the Intelligence Authorization Act for Fiscal Year 2010 (50 
        U.S.C. 3309) is amended to read as follows:
    ``(b) Notification of Establishment of Advisory Committee.--The 
Director of National Intelligence and the Director of the Central 
Intelligence Agency shall each notify the congressional intelligence 
committees each time each such Director creates an advisory committee. 
Each notification shall include--
            ``(1) a description of such advisory committee, including 
        the subject matter of such committee;
            ``(2) a list of members of such advisory committee; and
            ``(3) in the case of an advisory committee created by the 
        Director of National Intelligence, the reasons for a 
        determination by the Director under section 4(b)(3) of the 
        Federal Advisory Committee Act (5 U.S.C. App.) that an advisory 
        committee cannot comply with the requirements of such Act.''.
            (2) Intelligence information sharing.--Section 102A(g)(4) 
        of the National Security Act of 1947 (50 U.S.C. 3024(g)(4)) is 
        amended to read as follows:
    ``(4) The Director of National Intelligence shall, in a timely 
manner, report to Congress any statute, regulation, policy, or practice 
that the Director believes impedes the ability of the Director to fully 
and effectively ensure maximum availability of access to intelligence 
information within the intelligence community consistent with the 
protection of the national security of the United States.''.
            (3) Intelligence community business system 
        transformation.--Section 506D(j) of the National Security Act 
        of 1947 (50 U.S.C. 3100(j)) is amended in the matter preceding 
        paragraph (1) by striking ``2015'' and inserting ``2014''.
            (4) Activities of privacy and civil liberties officers.--
        Section 1062(f)(1) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended in 
        the matter preceding subparagraph (A) by striking ``quarterly'' 
        and inserting ``semiannually''.
    (c) Conforming Amendments.--The National Security Act of 1947 (50 
U.S.C. 3001 et seq.) is amended--
            (1) in the table of contents in the first section, by 
        striking the item relating to section 114 and inserting the 
        following new item:

``Sec. 114. Annual report on hiring and retention of minority 
                            employees.'';
            (2) in section 114 (50 U.S.C. 3050)--
                    (A) by amending the heading to read as follows: 
                ``annual report on hiring and retention of minority 
                employees'';
                    (B) by striking ``(a) Annual Report on Hiring and 
                Retention of Minority Employees.--'';
                    (C) by redesignating paragraphs (1) through (5) as 
                subsections (a) through (e), respectively;
                    (D) in subsection (b) (as so redesignated)--
                            (i) by redesignating subparagraphs (A) 
                        through (C) as paragraphs (1) through (3), 
                        respectively; and
                            (ii) in paragraph (2) (as so 
                        redesignated)--
                                    (I) by redesignating clauses (i) 
                                and (ii) as subparagraphs (A) and (B), 
                                respectively; and
                                    (II) in the matter preceding 
                                subparagraph (A) (as so redesignated), 
                                by striking ``clauses (i) and (ii)'' 
                                and inserting ``subparagraphs (A) and 
                                (B)'';
                    (E) in subsection (d) (as redesignated by 
                subparagraph (C) of this paragraph), by striking 
                ``subsection'' and inserting ``section''; and
                    (F) in subsection (e) (as redesignated by 
                subparagraph (C) of this paragraph)--
                            (i) by redesignating subparagraphs (A) 
                        through (C) as paragraphs (1) through (3), 
                        respectively; and
                            (ii) by striking ``subsection,'' and 
                        inserting ``section''; and
            (3) in section 507 (50 U.S.C. 3106)--
                    (A) in subsection (a)--
                            (i) by striking ``(1) The date'' and 
                        inserting ``The date'';
                            (ii) by striking ``subsection (c)(1)(A)'' 
                        and inserting ``subsection (c)(1)'';
                            (iii) by striking paragraph (2); and
                            (iv) by redesignating subparagraphs (A) 
                        through (F) as paragraphs (1) through (6), 
                        respectively;
                    (B) in subsection (c)(1)--
                            (i) by striking ``(A) Except'' and 
                        inserting ``Except''; and
                            (ii) by striking subparagraph (B); and
                    (C) in subsection (d)(1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``subsection 
                                (a)(1)'' and inserting ``subsection 
                                (a)''; and
                                    (II) by inserting ``and'' after 
                                ``March 1;'';
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B).

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

                  Subtitle A--National Security Agency

SEC. 401. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL SECURITY AGENCY.

    (a) Director of the National Security Agency.--Section 2 of the 
National Security Agency Act of 1959 (50 U.S.C. 3602) is amended--
            (1) by inserting ``(b)'' before ``There''; and
            (2) by inserting before subsection (b), as so designated by 
        paragraph (1), the following:
    ``(a)(1) There is a Director of the National Security Agency.
    ``(2) The Director of the National Security Agency shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(3) The Director of the National Security Agency shall be the 
head of the National Security Agency and shall discharge such functions 
and duties as are provided by this Act or otherwise by law or executive 
order.''.
    (b) Position of Importance and Responsibility.--
            (1) In general.--The President may designate the Director 
        of the National Security Agency as a position of importance and 
        responsibility under section 601 of title 10, United States 
        Code.
            (2) Effective date.--Paragraph (1) shall take effect on the 
        date of the enactment of this Act.

SEC. 402. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL SECURITY 
              AGENCY.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in section 8G(a)(2), by striking ``the National 
        Security Agency,''; and
            (2) in section 12--
                    (A) in paragraph (1), by striking ``or the Federal 
                Cochairpersons of the Commissions established under 
                section 15301 of title 40, United States Code;'' and 
                inserting ``the Federal Cochairpersons of the 
                Commissions established under section 15301 of title 
                40, United States Code; the Director of the National 
                Security Agency;''; and
                    (B) in paragraph (2), by striking ``or the 
                Commissions established under section 15301 of title 
                40, United States Code,'' and inserting ``the 
                Commissions established under section 15301 of title 
                40, United States Code, the National Security 
                Agency,''.

SEC. 403. EFFECTIVE DATE AND APPLICABILITY.

    (a) In General.--Except as otherwise specifically provided, the 
amendments made by sections 401 and 402 shall take effect on October 1, 
2014, and shall apply upon the earlier of--
            (1) in the case of section 401--
                    (A) the date of the first nomination by the 
                President of an individual to serve as the Director of 
                the National Security Agency that occurs on or after 
                October 1, 2014; or
                    (B) the date of the cessation of the performance of 
                the duties of the Director of the National Security 
                Agency by the individual performing such duties on 
                October 1, 2014; and
            (2) in the case of section 402--
                    (A) the date of the first nomination by the 
                President of an individual to serve as the Inspector 
                General of the National Security Agency that occurs on 
                or after October 1, 2014; or
                    (B) the date of the cessation of the performance of 
                the duties of the Inspector General of the National 
                Security Agency by the individual performing such 
                duties on October 1, 2014.
    (b) Exception for Initial Nominations.--Notwithstanding paragraph 
(1)(A) or (2)(A) of subsection (a), an individual serving as the 
Director of the National Security Agency or the Inspector General of 
the National Security Agency on the date that the President first 
nominates an individual for such position on or after October 1, 2014, 
may continue to perform in that position after such date of nomination 
and until the individual appointed to the position, by and with the 
advice and consent of the Senate, assumes the duties of the position.
    (c) Incumbent Inspector General.--The individual serving as 
Inspector General of the National Security Agency on the date of the 
enactment of this Act shall be eligible to be appointed by the 
President to a new term of service under section 3 of the Inspector 
General Act of 1978 (5 U.S.C. App.), by and with the advice and consent 
of the Senate.

               Subtitle B--National Reconnaissance Office

SEC. 411. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL RECONNAISSANCE 
              OFFICE.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 3001 
et seq.) is amended by adding after section 106 the following:

``SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.

    ``(a) In General.--There is a Director of the National 
Reconnaissance Office.
    ``(b) Appointment.--The Director of the National Reconnaissance 
Office shall be appointed by the President, by and with the advice and 
consent of the Senate.
    ``(c) Functions and Duties.--The Director of the National 
Reconnaissance Office shall be the head of the National Reconnaissance 
Office and shall discharge such functions and duties as are provided by 
this Act or otherwise by law or executive order.''.
    (b) Position of Importance and Responsibility.--
            (1) In general.--The President may designate the Director 
        of the National Reconnaissance Office as a position of 
        importance and responsibility under section 601 of title 10, 
        United States Code.
            (2) Effective date.--Paragraph (1) shall take effect on the 
        date of the enactment of this Act.
    (c) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947 (50 U.S.C. 3001 et 
seq.) is amended by inserting after the item relating to section 106 
the following:

``Sec. 106A. Director of the National Reconnaissance Office.''.

SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL 
              RECONNAISSANCE OFFICE.

    The Inspector General Act of 1978 (5 U.S.C. App.)--
            (1) in section 8G(a)(2), as amended by section 402, is 
        further amended by striking ``the National Reconnaissance 
        Office,''; and
            (2) in section 12, as amended by section 402, is further 
        amended--
                    (A) in paragraph (1), by inserting ``or the 
                Director of the National Reconnaissance Office;'' 
                before ``as the case may be;''; and
                    (B) in paragraph (2), by inserting ``or the 
                National Reconnaissance Office,'' before ``as the case 
                may be;''.

SEC. 413. EFFECTIVE DATE AND APPLICABILITY.

    (a) In General.--The amendments made by sections 411 and 412 shall 
take effect on October 1, 2014, and shall apply upon the earlier of--
            (1) in the case of section 411--
                    (A) the date of the first nomination by the 
                President of an individual to serve as the Director of 
                the National Reconnaissance Office that occurs on or 
                after October 1, 2014; or
                    (B) the date of the cessation of the performance of 
                the duties of the Director of the National 
                Reconnaissance Office by the individual performing such 
                duties on October 1, 2014; and
            (2) in the case of section 412--
                    (A) the date of the first nomination by the 
                President of an individual to serve as the Inspector 
                General of the National Reconnaissance Office that 
                occurs on or after October 1, 2014; or
                    (B) the date of the cessation of the performance of 
                the duties of the Inspector General of the National 
                Reconnaissance Office by the individual performing such 
                duties on October 1, 2014.
    (b) Exception for Initial Nominations.--Notwithstanding paragraph 
(1)(A) or (2)(A) of subsection (a), an individual serving as the 
Director of the National Reconnaissance Office or the Inspector General 
of the National Reconnaissance Office on the date that the President 
first nominates an individual for such position on or after October 1, 
2014, may continue to perform in that position after such date of 
nomination and until the individual appointed to the position, by and 
with the advice and consent of the Senate, assumes the duties of the 
position.
    (c) Incumbent Inspector General.--The individual serving as 
Inspector General of the National Reconnaissance Office on the date of 
the enactment of this Act shall be eligible to be appointed by the 
President to a new term of service under section 3 of the Inspector 
General Act of 1978 (5 U.S.C. App.), by and with the advice and consent 
of the Senate.

                Subtitle C--Central Intelligence Agency

SEC. 421. GIFTS, DEVISES, AND BEQUESTS.

    Section 12 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3512) is amended--
            (1) by striking the section heading and inserting ``gifts, 
        devises, and bequests'';
            (2) in subsection (a)(2)--
                    (A) by inserting ``by the Director as a gift to the 
                Agency'' after ``accepted''; and
                    (B) by striking ``this section'' and inserting 
                ``this subsection'';
            (3) in subsection (b), by striking ``this section,'' and 
        inserting ``subsection (a),'';
            (4) in subsection (c), by striking ``this section,'' and 
        inserting ``subsection (a),'';
            (5) in subsection (d), by striking ``this section'' and 
        inserting ``subsection (a)'';
            (6) by redesignating subsection (f) as subsection (g); and
            (7) by inserting after subsection (e) the following:
    ``(f)(1) The Director may engage in fundraising in an official 
capacity for the benefit of nonprofit organizations that provide 
support to surviving family members of deceased Agency employees or 
that otherwise provide support for the welfare, education, or 
recreation of Agency employees, former Agency employees, or their 
family members.
    ``(2) In this subsection, the term `fundraising' means the raising 
of funds through the active participation in the promotion, production, 
or presentation of an event designed to raise funds and does not 
include the direct solicitation of money by any other means.''.

                   TITLE V--SECURITY CLEARANCE REFORM

SEC. 501. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY INFORMATION 
              REGARDING PERSONNEL WITH ACCESS TO CLASSIFIED 
              INFORMATION.

    Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 
3024(j)) is amended--
            (1) in the heading, by striking ``Sensitive Compartmented 
        Information'' and inserting ``Classified Information'';
            (2) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (3) in paragraph (4), by striking the period and inserting 
        a semicolon; and
            (4) by adding at the end the following new paragraphs:
            ``(5) ensure that the background of each employee or 
        officer of an element of the intelligence community, each 
        contractor to an element of the intelligence community, and 
        each individual employee of such a contractor who has been 
        determined to be eligible for access to classified information 
        is monitored on a continual basis under standards developed by 
        the Director, including with respect to the frequency of 
        evaluation, during the period of eligibility of such employee 
        or officer of an element of the intelligence community, such 
        contractor, or such individual employee to such a contractor to 
        determine whether such employee or officer of an element of the 
        intelligence community, such contractor, and such individual 
        employee of such a contractor continues to meet the 
        requirements for eligibility for access to classified 
        information; and
            ``(6) develop procedures to require information sharing 
        between elements of the intelligence community concerning 
        potentially derogatory security information regarding an 
        employee or officer of an element of the intelligence 
        community, a contractor to an element of the intelligence 
        community, or an individual employee of such a contractor that 
        may impact the eligibility of such employee or officer of an 
        element of the intelligence community, such contractor, or such 
        individual employee of such a contractor for a security 
        clearance.''.

SEC. 502. REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS.

    (a) Requirements.--Section 102A of the National Security Act of 
1947 (50 U.S.C. 3024) is amended by adding at the end the following new 
subsection:
    ``(x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with the head of 
each department of the Federal Government that contains an element of 
the intelligence community and the Director of the Central Intelligence 
Agency, shall--
            ``(1) ensure that--
                    ``(A) any contractor to an element of the 
                intelligence community with access to a classified 
                network or classified information develops and operates 
                a security plan that is consistent with standards 
                established by the Director of National Intelligence 
                for intelligence community networks; and
                    ``(B) each contract awarded by an element of the 
                intelligence community includes provisions requiring 
                the contractor comply with such plan and such 
                standards;
            ``(2) conduct periodic assessments of each security plan 
        required under paragraph (1)(A) to ensure such security plan 
        complies with the requirements of such paragraph; and
            ``(3) ensure that the insider threat detection capabilities 
        and insider threat policies of the intelligence community apply 
        to facilities of contractors with access to a classified 
        network.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into or renewed after the date 
of the enactment of this Act.

SEC. 503. TECHNOLOGY IMPROVEMENTS TO SECURITY CLEARANCE PROCESSING.

    (a) In General.--The Director of National Intelligence, in 
consultation with the Secretary of Defense and the Director of the 
Office of Personnel Management, shall conduct an analysis of the 
relative costs and benefits of potential improvements to the process 
for investigating persons who are proposed for access to classified 
information and adjudicating whether such persons satisfy the criteria 
for obtaining and retaining access to such information.
    (b) Contents of Analysis.--In conducting the analysis required by 
subsection (a), the Director of National Intelligence shall evaluate 
the costs and benefits associated with--
            (1) the elimination of manual processes in security 
        clearance investigations and adjudications, if possible, and 
        automating and integrating the elements of the investigation 
        process, including--
                    (A) the clearance application process;
                    (B) case management;
                    (C) adjudication management;
                    (D) investigation methods for the collection, 
                analysis, storage, retrieval, and transfer of data and 
                records; and
                    (E) records management for access and eligibility 
                determinations;
            (2) the elimination or reduction, if possible, of the use 
        of databases and information sources that cannot be accessed 
        and processed automatically electronically, or modification of 
        such databases and information sources, to enable electronic 
        access and processing;
            (3) the use of government-developed and commercial 
        technology for continuous monitoring and evaluation of 
        government and commercial data sources that can identify and 
        flag information pertinent to adjudication guidelines and 
        eligibility determinations;
            (4) the standardization of forms used for routine reporting 
        required of cleared personnel (such as travel, foreign 
        contacts, and financial disclosures) and use of continuous 
        monitoring technology to access databases containing such 
        reportable information to independently obtain and analyze 
        reportable data and events;
            (5) the establishment of an authoritative central 
        repository of personnel security information that is accessible 
        electronically at multiple levels of classification and 
        eliminates technical barriers to rapid access to information 
        necessary for eligibility determinations and reciprocal 
        recognition thereof;
            (6) using digitally processed fingerprints, as a substitute 
        for ink or paper prints, to reduce error rates and improve 
        portability of data;
            (7) expanding the use of technology to improve an 
        applicant's ability to discover the status of a pending 
        security clearance application or reinvestigation; and
            (8) using government and publicly available commercial data 
        sources, including social media, that provide independent 
        information pertinent to adjudication guidelines to improve 
        quality and timeliness, and reduce costs, of investigations and 
        reinvestigations.
    (c) Report to Congress.--Not later than 6 months after the date of 
the enactment of this Act, the Director of National Intelligence shall 
submit to the appropriate committees of Congress a report on the 
analysis required by subsection (a).

SEC. 504. REPORT ON RECIPROCITY OF SECURITY CLEARANCES.

    The head of the entity selected pursuant to section 3001(b) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341(b)) shall submit to the appropriate committees of Congress a 
report each year through 2017 that describes for the preceding year--
            (1) the periods of time required by authorized adjudicative 
        agencies for accepting background investigations and 
        determinations completed by an authorized investigative entity 
        or authorized adjudicative agency;
            (2) the total number of cases in which a background 
        investigation or determination completed by an authorized 
        investigative entity or authorized adjudicative agency is 
        accepted by another agency;
            (3) the total number of cases in which a background 
        investigation or determination completed by an authorized 
        investigative entity or authorized adjudicative agency is not 
        accepted by another agency; and
            (4) such other information or recommendations as the head 
        of the entity selected pursuant to such section 3001(b) 
        considers appropriate.

SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION PROCESS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter until December 31, 2017, 
the Director of National Intelligence, in consultation with the 
Secretary of Defense and the Director of the Office of Personnel 
Management, shall transmit to the appropriate committees of Congress a 
strategic plan for updating the process for periodic reinvestigations 
consistent with a continuous evaluation program.
    (b) Contents.--The plan required by subsection (a) shall include--
            (1) an analysis of the costs and benefits associated with 
        conducting periodic reinvestigations;
            (2) an analysis of the costs and benefits associated with 
        replacing some or all periodic reinvestigations with a program 
        of continuous evaluation;
            (3) a determination of how many risk-based and ad hoc 
        periodic reinvestigations are necessary on an annual basis for 
        each component of the Federal Government with employees with 
        security clearances;
            (4) an analysis of the potential benefits of expanding the 
        Government's use of continuous evaluation tools as a means of 
        improving the effectiveness and efficiency of procedures for 
        confirming the eligibility of personnel for continued access to 
        classified information; and
            (5) an analysis of how many personnel with out-of-scope 
        background investigations are employed by, or contracted or 
        detailed to, each element of the intelligence community.
    (c) Periodic Reinvestigations Defined.--In this section, the term 
``periodic reinvestigations'' has the meaning given that term in 
section 3001(a) of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (50 U.S.C. 3341(a)).

SEC. 506. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

    In this title, the term ``appropriate committees of Congress'' 
means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services and the Committee on 
        Homeland Security and Governmental Affairs of the Senate; and
            (3) the Committee on Armed Services and the Committee on 
        Homeland Security of the House of Representatives.

       TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS

SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY WHISTLEBLOWERS.

    (a) In General.--Title XI of the National Security Act of 1947 (50 
U.S.C. 3231 et seq.) is amended by adding at the end the following new 
section:

``SEC. 1104. PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE 
              COMMUNITY.

    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means an executive 
        department or independent establishment, as defined under 
        sections 101 and 104 of title 5, United States Code, that 
        contains an intelligence community element, except the Federal 
        Bureau of Investigation.
            ``(2) Covered intelligence community element.--The term 
        `covered intelligence community element'--
                    ``(A) means--
                            ``(i) the Central Intelligence Agency, the 
                        Defense Intelligence Agency, the National 
                        Geospatial-Intelligence Agency, the National 
                        Security Agency, the Office of the Director of 
                        National Intelligence, and the National 
                        Reconnaissance Office; and
                            ``(ii) any executive agency or unit thereof 
                        determined by the President under section 
                        2302(a)(2)(C)(ii) of title 5, United States 
                        Code, to have as its principal function the 
                        conduct of foreign intelligence or 
                        counterintelligence activities; and
                    ``(B) does not include the Federal Bureau of 
                Investigation.
            ``(3) Personnel action.--The term `personnel action' means, 
        with respect to an employee in a position in a covered 
        intelligence community element (other than a position excepted 
        from the competitive service due to its confidential, policy-
        determining, policymaking, or policy-advocating character)--
                    ``(A) an appointment;
                    ``(B) a promotion;
                    ``(C) a disciplinary or corrective action;
                    ``(D) a detail, transfer, or reassignment;
                    ``(E) a demotion, suspension, or termination;
                    ``(F) a reinstatement or restoration;
                    ``(G) a performance evaluation;
                    ``(H) a decision concerning pay, benefits, or 
                awards;
                    ``(I) a decision concerning education or training 
                if such education or training may reasonably be 
                expected to lead to an appointment, promotion, or 
                performance evaluation; or
                    ``(J) any other significant change in duties, 
                responsibilities, or working conditions.
    ``(b) In General.--Any employee of an agency who has authority to 
take, direct others to take, recommend, or approve any personnel 
action, shall not, with respect to such authority, take or fail to take 
a personnel action with respect to any employee of a covered 
intelligence community element as a reprisal for a lawful disclosure of 
information by the employee to the Director of National Intelligence 
(or an employee designated by the Director of National Intelligence for 
such purpose), the Inspector General of the Intelligence Community, the 
head of the employing agency (or an employee designated by the head of 
that agency for such purpose), the appropriate inspector general of the 
employing agency, a congressional intelligence committee, or a member 
of a congressional intelligence committee, which the employee 
reasonably believes evidences--
            ``(1) a violation of any Federal law, rule, or regulation; 
        or
            ``(2) mismanagement, a gross waste of funds, an abuse of 
        authority, or a substantial and specific danger to public 
        health or safety.
    ``(c) Enforcement.--The President shall provide for the enforcement 
of this section.
    ``(d) Existing Rights Preserved.--Nothing in this section shall be 
construed to--
            ``(1) preempt or preclude any employee, or applicant for 
        employment, at the Federal Bureau of Investigation from 
        exercising rights provided under any other law, rule, or 
        regulation, including section 2303 of title 5, United States 
        Code; or
            ``(2) repeal section 2303 of title 5, United States 
        Code.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947 is amended by adding 
at the end the following new item:

``Sec. 1104. Prohibited personnel practices in the intelligence 
                            community.''.

SEC. 602. REVIEW OF SECURITY CLEARANCE OR ACCESS DETERMINATIONS.

    (a) General Responsibility.--
            (1) In general.--Section 3001(b) of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)) is 
        amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Not'' and inserting ``Except as otherwise 
                provided, not'';
                    (B) in paragraph (5), by striking ``and'' after the 
                semicolon;
                    (C) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by inserting after paragraph (6) the following:
            ``(7) not later than 180 days after the date of the 
        enactment of the Intelligence Authorization Act for Fiscal Year 
        2014--
                    ``(A) developing policies and procedures that 
                permit, to the extent practicable, individuals to 
                appeal a determination to suspend or revoke a security 
                clearance or access to classified information and to 
                retain their government employment status while such 
                challenge is pending; and
                    ``(B) developing and implementing uniform and 
                consistent policies and procedures to ensure proper 
                protections during the process for denying, suspending, 
                or revoking a security clearance or access to 
                classified information, including the ability to appeal 
                such a denial, suspension, or revocation, except that 
                there shall be no appeal of an agency's suspension of a 
                security clearance or access determination for purposes 
                of conducting an investigation, if that suspension 
                lasts no longer than 1 year or the head of the agency 
                or a designee of the head of the agency certifies that 
                a longer suspension is needed before a final decision 
                on denial or revocation to prevent imminent harm to the 
                national security.''.
            (2) Required elements of policies and procedures.--The 
        policies and procedures for appeal developed under paragraph 
        (7) of section 3001(b) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004, as added by subsection (a), shall 
        provide for the Inspector General of the Intelligence 
        Community, or the inspector general of the employing agency, to 
        conduct fact-finding and report to the agency head or the 
        designee of the agency head within 180 days unless the employee 
        and the agency agree to an extension or the investigating 
        inspector general determines in writing that a greater period 
        of time is required. To the fullest extent possible, such fact-
        finding shall include an opportunity for the employee to 
        present relevant evidence such as witness testimony.
    (b) Retaliatory Revocation of Security Clearances and Access 
Determinations.--Section 3001 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 3341) is amended by adding at the end 
the following:
    ``(j) Retaliatory Revocation of Security Clearances and Access 
Determinations.--
            ``(1) In general.--Agency personnel with authority over 
        personnel security clearance or access determinations shall not 
        take or fail to take, or threaten to take or fail to take, any 
        action with respect to any employee's security clearance or 
        access determination in retaliation for--
                    ``(A) any lawful disclosure of information to the 
                Director of National Intelligence (or an employee 
                designated by the Director of National Intelligence for 
                such purpose) or the head of the employing agency (or 
                employee designated by the head of that agency for such 
                purpose) by an employee that the employee reasonably 
                believes evidences--
                            ``(i) a violation of any Federal law, rule, 
                        or regulation; or
                            ``(ii) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety;
                    ``(B) any lawful disclosure to the Inspector 
                General of an agency or another employee designated by 
                the head of the agency to receive such disclosures, of 
                information which the employee reasonably believes 
                evidences--
                            ``(i) a violation of any Federal law, rule, 
                        or regulation; or
                            ``(ii) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety;
                    ``(C) any lawful disclosure that complies with--
                            ``(i) subsections (a)(1), (d), and (h) of 
                        section 8H of the Inspector General Act of 1978 
                        (5 U.S.C. App.);
                            ``(ii) subparagraphs (A), (D), and (H) of 
                        section 17(d)(5) of the Central Intelligence 
                        Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
                            ``(iii) subparagraphs (A), (D), and (I) of 
                        section 103H(k)(5) of the National Security Act 
                        of 1947 (50 U.S.C. 3033(k)(5)); and
                    ``(D) if the actions do not result in the employee 
                or applicant unlawfully disclosing information 
                specifically required by Executive order to be kept 
                classified in the interest of national defense or the 
                conduct of foreign affairs, any lawful disclosure in 
                conjunction with--
                            ``(i) the exercise of any appeal, 
                        complaint, or grievance right granted by any 
                        law, rule, or regulation;
                            ``(ii) testimony for or otherwise lawfully 
                        assisting any individual in the exercise of any 
                        right referred to in clause (i); or
                            ``(iii) cooperation with or disclosing 
                        information to the Inspector General of an 
                        agency, in accordance with applicable 
                        provisions of law in connection with an audit, 
                        inspection, or investigation conducted by the 
                        Inspector General.
            ``(2) Rule of construction.--Consistent with the protection 
        of sources and methods, nothing in paragraph (1) shall be 
        construed to authorize the withholding of information from 
        Congress or the taking of any personnel action against an 
        employee who lawfully discloses information to Congress.
            ``(3) Disclosures.--
                    ``(A) In general.--A disclosure shall not be 
                excluded from paragraph (1) because--
                            ``(i) the disclosure was made to a person, 
                        including a supervisor, who participated in an 
                        activity that the employee reasonably believed 
                        to be covered by paragraph (1)(A)(ii);
                            ``(ii) the disclosure revealed information 
                        that had been previously disclosed;
                            ``(iii) the disclosure was not made in 
                        writing;
                            ``(iv) the disclosure was made while the 
                        employee was off duty; or
                            ``(v) of the amount of time which has 
                        passed since the occurrence of the events 
                        described in the disclosure.
                    ``(B) Reprisals.--If a disclosure is made during 
                the normal course of duties of an employee, the 
                disclosure shall not be excluded from paragraph (1) if 
                any employee who has authority to take, direct others 
                to take, recommend, or approve any personnel action 
                with respect to the employee making the disclosure, 
                took, failed to take, or threatened to take or fail to 
                take a personnel action with respect to that employee 
                in reprisal for the disclosure.
            ``(4) Agency adjudication.--
                    ``(A) Remedial procedure.--An employee or former 
                employee who believes that he or she has been subjected 
                to a reprisal prohibited by paragraph (1) may, within 
                90 days after the issuance of notice of such decision, 
                appeal that decision within the agency of that employee 
                or former employee through proceedings authorized by 
                subsection (b)(7), except that there shall be no appeal 
                of an agency's suspension of a security clearance or 
                access determination for purposes of conducting an 
                investigation, if that suspension lasts not longer than 
                1 year (or a longer period in accordance with a 
                certification made under subsection (b)(7)).
                    ``(B) Corrective action.--If, in the course of 
                proceedings authorized under subparagraph (A), it is 
                determined that the adverse security clearance or 
                access determination violated paragraph (1), the agency 
                shall take specific corrective action to return the 
                employee or former employee, as nearly as practicable 
                and reasonable, to the position such employee or former 
                employee would have held had the violation not 
                occurred. Such corrective action may include back pay 
                and related benefits, travel expenses, and compensatory 
                damages not to exceed $300,000.
                    ``(C) Contributing factor.--In determining whether 
                the adverse security clearance or access determination 
                violated paragraph (1), the agency shall find that 
                paragraph (1) was violated if a disclosure described in 
                paragraph (1) was a contributing factor in the adverse 
                security clearance or access determination taken 
                against the individual, unless the agency demonstrates 
                by a preponderance of the evidence that it would have 
                taken the same action in the absence of such 
                disclosure, giving the utmost deference to the agency's 
                assessment of the particular threat to the national 
                security interests of the United States in the instant 
                matter.
            ``(5) Appellate review of security clearance access 
        determinations by director of national intelligence.--
                    ``(A) Appeal.--Within 60 days after receiving 
                notice of an adverse final agency determination under a 
                proceeding under paragraph (4), an employee or former 
                employee may appeal that determination in accordance 
                with the procedures established under subparagraph (B).
                    ``(B) Policies and procedures.--The Director of 
                National Intelligence, in consultation with the 
                Attorney General and the Secretary of Defense, shall 
                develop and implement policies and procedures for 
                adjudicating the appeals authorized by subparagraph 
                (A).
                    ``(C) Congressional notification.--Consistent with 
                the protection of sources and methods, at the time the 
                Director of National Intelligence issues an order 
                regarding an appeal pursuant to the policies and 
                procedures established by this paragraph, the Director 
                of National Intelligence shall notify the congressional 
                intelligence committees.
            ``(6) Judicial review.--Nothing in this section shall be 
        construed to permit or require judicial review of any--
                    ``(A) agency action under this section; or
                    ``(B) action of the appellate review procedures 
                established under paragraph (5).
            ``(7) Private cause of action.--Nothing in this section 
        shall be construed to permit, authorize, or require a private 
        cause of action to challenge the merits of a security clearance 
        determination.''.
    (c) Access Determination Defined.--Section 3001(a) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341(a)) is amended by adding at the end the following:
            ``(9) Access determination.--The term `access 
        determination' means the determination regarding whether an 
        employee--
                    ``(A) is eligible for access to classified 
                information in accordance with Executive Order 12968 
                (60 Fed. Reg. 40245; relating to access to classified 
                information), or any successor thereto, and Executive 
                Order 10865 (25 Fed. Reg. 1583; relating to 
                safeguarding classified information with industry), or 
                any successor thereto; and
                    ``(B) possesses a need to know under such an 
                Order.''.
    (d) Existing Rights Preserved.--Nothing in this section or the 
amendments made by this section shall be construed to preempt, 
preclude, or otherwise prevent an individual from exercising rights, 
remedies, or avenues of redress currently provided under any other law, 
regulation, or rule.
    (e) Rule of Construction.--Nothing in section 3001 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341), as amended by this title, shall be construed to require the 
repeal or replacement of agency appeal procedures implementing 
Executive Order 12968 (60 Fed. Reg. 40245; relating to access to 
classified information), or any successor thereto, and Executive Order 
10865 (25 Fed. Reg. 1583; relating to safeguarding classified 
information with industry), or any successor thereto, that meet the 
requirements of paragraph (7) of section 3001(b) of such Act, as added 
by this section.

SEC. 603. REVISIONS OF OTHER LAWS.

    (a) Inspector General Act of 1978.--Section 8H of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in subsection (b)--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following:
    ``(2) If the head of an establishment determines that a complaint 
or information transmitted under paragraph (1) would create a conflict 
of interest for the head of the establishment, the head of the 
establishment shall return the complaint or information to the 
Inspector General with that determination and the Inspector General 
shall make the transmission to the Director of National Intelligence 
and, if the establishment is within the Department of Defense, to the 
Secretary of Defense. In such a case, the requirements of this section 
for the head of the establishment apply to each recipient of the 
Inspector General's transmission.'';
            (2) by redesignating subsection (h) as subsection (i); and
            (3) by inserting after subsection (g) the following:
    ``(h) An individual who has submitted a complaint or information to 
an Inspector General under this section may notify any member of the 
Permanent Select Committee on Intelligence of the House of 
Representatives or the Select Committee on Intelligence of the Senate, 
or a staff member of either such Committee, of the fact that such 
individual has made a submission to that particular Inspector General, 
and of the date on which such submission was made.''.
    (b) Central Intelligence Agency.--Section 17(d)(5) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is amended--
            (1) in subparagraph (B)--
                    (A) by inserting ``(i)'' after ``(B)''; and
                    (B) by adding at the end the following:
    ``(ii) If the Director determines that a complaint or information 
transmitted under paragraph (1) would create a conflict of interest for 
the Director, the Director shall return the complaint or information to 
the Inspector General with that determination and the Inspector General 
shall make the transmission to the Director of National Intelligence. 
In such a case, the requirements of this subsection for the Director of 
the Central Intelligence Agency apply to the Director of National 
Intelligence''; and
            (2) by adding at the end the following:
    ``(H) An individual who has submitted a complaint or information to 
the Inspector General under this section may notify any member of the 
Permanent Select Committee on Intelligence of the House of 
Representatives or the Select Committee on Intelligence of the Senate, 
or a staff member of either such Committee, of the fact that such 
individual has made a submission to the Inspector General, and of the 
date on which such submission was made.''.
    (c) National Security Act of 1947.--Section 103H(k)(5) of the 
National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by 
adding at the end the following:
    ``(I) An individual who has submitted a complaint or information to 
the Inspector General under this section may notify any member of 
either of the congressional intelligence committees, or a staff member 
of either of such committees, of the fact that such individual has made 
a submission to the Inspector General, and of the date on which such 
submission was made.''.

SEC. 604. POLICIES AND PROCEDURES; NONAPPLICABILITY TO CERTAIN 
              TERMINATIONS.

    (a) Covered Intelligence Community Element Defined.--In this 
section, the term ``covered intelligence community element''--
            (1) means--
                    (A) the Central Intelligence Agency, the Defense 
                Intelligence Agency, the National Geospatial-
                Intelligence Agency, the National Security Agency, the 
                Office of the Director of National Intelligence, and 
                the National Reconnaissance Office; and
                    (B) any executive agency or unit thereof determined 
                by the President under section 2302(a)(2)(C)(ii) of 
                title 5, United States Code, to have as its principal 
                function the conduct of foreign intelligence or 
                counterintelligence activities; and
            (2) does not include the Federal Bureau of Investigation.
    (b) Regulations.--In consultation with the Secretary of Defense, 
the Director of National Intelligence shall develop policies and 
procedures to ensure that a personnel action shall not be taken against 
an employee of a covered intelligence community element as a reprisal 
for any disclosure of information described in 1104 of the National 
Security Act of 1947, as added by section 601 of this Act.
    (c) Report on the Status of Implementation of Regulations.--Not 
later than 2 years after the date of the enactment of this Act, the 
Director of National Intelligence shall submit a report on the status 
of the implementation of the regulations promulgated under subsection 
(b) to the congressional intelligence committees.
    (d) Nonapplicability to Certain Terminations.--Section 1104 of the 
National Security Act of 1947, as added by section 601 of this Act, and 
section 3001 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 3341), as amended by section 602 of this Act, shall not 
apply if--
            (1) the affected employee is concurrently terminated 
        under--
                    (A) section 1609 of title 10, United States Code;
                    (B) the authority of the Director of National 
                Intelligence under section 102A(m) of the National 
                Security Act of 1947 (50 U.S.C. 3024(m)), if the 
                Director determines that the termination is in the 
                interest of the United States;
                    (C) the authority of the Director of the Central 
                Intelligence Agency under section 104A(e) of the 
                National Security Act of 1947 (50 U.S.C. 3036(e)), if 
                the Director determines that the termination is in the 
                interest of the United States; or
                    (D) section 7532 of title 5, United States Code, if 
                the head of the agency determines that the termination 
                is in the interest of the United States; and
            (2) not later than 30 days after such termination, the head 
        of the agency that employed the affected employee notifies the 
        congressional intelligence committees of the termination.

                    TITLE VII--TECHNICAL AMENDMENTS

SEC. 701. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY ACT 
              OF 1949.

    Section 21 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3521) is amended--
            (1) in subsection (b)(1)(D), by striking ``section (a)'' 
        and inserting ``subsection (a)''; and
            (2) in subsection (c)(2)(E), by striking ``provider.'' and 
        inserting ``provider''.

SEC. 702. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947 
              RELATING TO THE PAST ELIMINATION OF CERTAIN POSITIONS.

    Section 101(a) of the National Security Act of 1947 (50 U.S.C. 
3021(a)) is amended--
            (1) in paragraph (5), by striking the semicolon and 
        inserting ``; and'';
            (2) by striking paragraphs (6) and (7);
            (3) by redesignating paragraph (8) as paragraph (6); and
            (4) in paragraph (6) (as so redesignated), by striking 
        ``the Chairman of the Munitions Board, and the Chairman of the 
        Research and Development Board,''.

SEC. 703. TECHNICAL AMENDMENTS TO THE INTELLIGENCE AUTHORIZATION ACT 
              FOR FISCAL YEAR 2013.

    (a) Amendments.--Section 506 of the Intelligence Authorization Act 
for Fiscal Year 2013 (Public Law 112-277; 126 Stat. 2478) is amended--
            (1) by striking ``Section 606(5)'' and inserting 
        ``Paragraph (5) of section 605''; and
            (2) by inserting ``, as redesignated by section 
        310(a)(4)(B) of this Act,'' before ``is amended''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of the Intelligence 
Authorization Act for Fiscal Year 2013 (Public Law 112-277).

            Passed the Senate June 11, 2014.

            Attest:

                                                             Secretary.
113th CONGRESS

  2d Session

                                S. 1681

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for fiscal year 2014 for intelligence and 
intelligence-related activities of the United States Government and the 
     Office of the Director of National Intelligence, the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.
```