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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Intelligence Authorization Act for Fiscal Year 2014’’. 

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

7 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. 
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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. 
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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee on 

9 Intelligence of the House of Representatives. 

10 (2) INTELLIGENCE COMMUNITY.—The term 

11 ‘‘intelligence community’’ has the meaning given 

12 that term in section 3(4) of the National Security 

13 Act of 1947 (50 U.S.C. 3003(4)). 

14 TITLE I—INTELLIGENCE 

15 ACTIVITIES 

16 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2014 for the conduct of the intelligence and 

19 intelligence-related activities of the following elements of 

20 the United States Government: 
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1 (1) The Office of the Director of National Intel2 ligence. 

3 (2) The Central Intelligence Agency. 

4 (3) The Department of Defense. 

5 (4) The Defense Intelligence Agency. 

6 (5) The National Security Agency. 

7 (6) The Department of the Army, the Depart8 ment of the Navy, and the Department of the Air 

9 Force. 

10 (7) The Coast Guard. 

11 (8) The Department of State. 

12 (9) The Department of the Treasury. 

13 (10) The Department of Energy. 

14 (11) The Department of Justice. 

15 (12) The Federal Bureau of Investigation. 

16 (13) The Drug Enforcement Administration. 

17 (14) The National Reconnaissance Office. 

18 (15) The National Geospatial-Intelligence Agen19 cy. 

20 (16) The Department of Homeland Security. 

21 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

22 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

23 LEVELS.—The amounts authorized to be appropriated 

24 under section 101 and, subject to section 103, the author25 ized personnel ceilings as of September 30, 2014, for the 
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1 conduct of the intelligence activities of the elements listed 

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

3 specified in the classified Schedule of Authorizations pre4 pared to accompany the bill S. 1681 of the One Hundred 

5 Thirteenth Congress. 

6 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU7 THORIZATIONS.— 

8 (1) AVAILABILITY.—The classified Schedule of 

9 Authorizations referred to in subsection (a) shall be 

10 made available to the Committee on Appropriations 

11 of the Senate, the Committee on Appropriations of 

12 the House of Representatives, and to the President. 

13 (2) DISTRIBUTION BY THE PRESIDENT.—Sub14 ject to paragraph (3), the President shall provide for 

15 suitable distribution of the classified Schedule of Au16 thorizations, or of appropriate portions of the Sched17 ule, within the executive branch. 

18 (3) LIMITS ON DISCLOSURE.—The President 

19 shall not publicly disclose the classified Schedule of 

20 Authorizations or any portion of such Schedule ex21 cept— 

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

23 Implementing Recommendations of the 9/11 

24 Commission Act of 2007 (50 U.S.C. 3306(a)); 
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1 (B) to the extent necessary to implement 

2 the budget; or 

3 (C) as otherwise required by law. 

4 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

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

6 National Intelligence may authorize employment of civil7 ian personnel in excess of the number authorized for fiscal 

8 year 2014 by the classified Schedule of Authorizations re9 ferred to in section 102(a) if the Director of National In10 telligence determines that such action is necessary to the 

11 performance of important intelligence functions, except 

12 that the number of personnel employed in excess of the 

13 number authorized under such section may not, for any 

14 element of the intelligence community, exceed 3 percent 

15 of the number of civilian personnel authorized under such 

16 Schedule for such element. 

17 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di18 rector of National Intelligence shall establish guidelines 

19 that govern, for each element of the intelligence commu20 nity, the treatment under the personnel levels authorized 

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

22 personnel levels, of employment or assignment in— 

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

24 similar program; 
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1 (2) a reserve corps or as a reemployed annu2 itant; or 

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

4 training. 

5 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

6 COMMITTEES.—The Director of National Intelligence 

7 shall notify the congressional intelligence committees in 

8 writing at least 15 days prior to each exercise of an au9 thority described in subsection (a). 

10 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC11 COUNT. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated for the Intelligence Commu14 nity Management Account of the Director of National In15 telligence for fiscal year 2014 the sum of $528,229,000. 

16 Within such amount, funds identified in the classified 

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

18 for advanced research and development shall remain avail19 able until September 30, 2015. 

20 (b) AUTHORIZED PERSONNEL LEVELS.—The ele21 ments within the Intelligence Community Management 

22 Account of the Director of National Intelligence are au23 thorized 855 positions as of September 30, 2014. Per24 sonnel serving in such elements may be permanent em25 ployees of the Office of the Director of National Intel-
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1 ligence or personnel detailed from other elements of the 

2 United States Government. 

3 (c) CLASSIFIED AUTHORIZATIONS.— 

4 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

5 addition to amounts authorized to be appropriated 

6 for the Intelligence Community Management Ac7 count by subsection (a), there are authorized to be 

8 appropriated for the Community Management Ac9 count for fiscal year 2014 such additional amounts 

10 as are specified in the classified Schedule of Author11 izations referred to in section 102(a). Such addi12 tional amounts for advanced research and develop13 ment shall remain available until September 30, 

14 2015. 

15 (2) AUTHORIZATION OF PERSONNEL.—In addi16 tion to the personnel authorized by subsection (b) 

17 for elements of the Intelligence Community Manage18 ment Account as of September 30, 2014, there are 

19 authorized such additional personnel for the Com20 munity Management Account as of that date as are 

21 specified in the classified Schedule of Authorizations 

22 referred to in section 102(a). 
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund 

8 for fiscal year 2014 the sum of $514,000,000. 

9 SEC. 202. CIARDS AND FERS SPECIAL RETIREMENT CREDIT 

10 FOR SERVICE ON DETAIL TO ANOTHER AGEN11 CY. 

12 (a) IN GENERAL.—Section 203(b) of the Central In13 telligence Agency Retirement Act (50 U.S.C. 2013(b)) is 

14 amended— 

15 (1) in the matter preceding paragraph (1), by 

16 striking ‘‘service in the Agency performed’’ and in17 serting ‘‘service performed by an Agency employee’’; 

18 and 

19 (2) in paragraph (1), by striking ‘‘Agency ac20 tivities’’ and inserting ‘‘intelligence activities’’. 

21 (b) APPLICATION.—The amendment made by sub22 section (a) shall be applied to retired or deceased officers 

23 of the Central Intelligence Agency who were designated 

24 at any time under section 203 of the Central Intelligence 
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1 Agency Retirement Act (50 U.S.C. 2013) prior to the date 

2 of the enactment of this Act. 

3 TITLE III—GENERAL 

4 PROVISIONS 

5 Subtitle A—General Matters 

6 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

7 BENEFITS AUTHORIZED BY LAW. 

8 Appropriations authorized by this Act for salary, pay, 

9 retirement, and other benefits for Federal employees may 

10 be increased by such additional or supplemental amounts 

11 as may be necessary for increases in such compensation 

12 or benefits authorized by law. 

13 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

14 ACTIVITIES. 

15 The authorization of appropriations by this Act shall 

16 not be deemed to constitute authority for the conduct of 

17 any intelligence activity which is not otherwise authorized 

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

19 SEC. 303. SPECIFIC AUTHORIZATION OF FUNDING FOR 

20 HIGH PERFORMANCE COMPUTING CENTER 2. 

21 Funds appropriated for the construction of the High 

22 Performance Computing Center 2 (HPCC 2), as described 

23 in the table entitled Consolidated Cryptologic Program 

24 (CCP) in the classified annex to accompany the Consoli25 dated and Further Continuing Appropriations Act, 2013 
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1 (Public Law 113–6; 127 Stat. 198), in excess of the 

2 amount specified for such activity in the tables in the clas3 sified annex prepared to accompany the Intelligence Au4 thorization Act for Fiscal Year 2013 (Public Law 112– 

5 277; 126 Stat. 2468) shall be specifically authorized by 

6 Congress for the purposes of section 504 of the National 

7 Security Act of 1947 (50 U.S.C. 3094). 

8 SEC. 304. CLARIFICATION OF EXEMPTION FROM FREEDOM 

9 OF INFORMATION ACT OF IDENTITIES OF EM10 PLOYEES SUBMITTING COMPLAINTS TO THE 

11 INSPECTOR GENERAL OF THE INTELLIGENCE 

12 COMMUNITY. 

13 Section 103H(g)(3)(A) of the National Security Act 

14 of 1947 (50 U.S.C. 3033(g)(3)(A)) is amended by striking 

15 ‘‘undertaken;’’ and inserting ‘‘undertaken, and this provi16 sion shall qualify as a withholding statute pursuant to sub17 section (b)(3) of section 552 of title 5, United States Code 

18 (commonly known as the ‘Freedom of Information Act’);’’. 

19 SEC. 305. FUNCTIONAL MANAGERS FOR THE INTEL20 LIGENCE COMMUNITY. 

21 (a) FUNCTIONAL MANAGERS AUTHORIZED.—Title I 

22 of the National Security Act of 1947 (50 U.S.C. 3021 et 

23 seq.) is amended by inserting after section 103I the fol24 lowing new section: 
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1 ‘‘SEC. 103J. FUNCTIONAL MANAGERS FOR THE INTEL2 LIGENCE COMMUNITY. 

3 ‘‘(a) FUNCTIONAL MANAGERS AUTHORIZED.—The 

4 Director of National Intelligence may establish within the 

5 intelligence community one or more positions of manager 

6 of an intelligence function. Any position so established 

7 may be known as the ‘Functional Manager’ of the intel8 ligence function concerned. 

9 ‘‘(b) PERSONNEL.—The Director shall designate in10 dividuals to serve as manager of intelligence functions es11 tablished under subsection (a) from among officers and 

12 employees of elements of the intelligence community. 

13 ‘‘(c) DUTIES.—Each manager of an intelligence func14 tion established under subsection (a) shall have the duties 

15 as follows: 

16 ‘‘(1) To act as principal advisor to the Director 

17 on the intelligence function. 

18 ‘‘(2) To carry out such other responsibilities 

19 with respect to the intelligence function as the Di20 rector may specify for purposes of this section.’’. 

21 (b) TABLE OF CONTENTS AMENDMENT.—The table 

22 of contents in the first section of the National Security 

23 Act of 1947 is amended by inserting after the item relat24 ing to section 103I the following new item: 

‘‘Sec. 103J. Functional managers for the intelligence community.’’. 
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1 SEC. 306. ANNUAL ASSESSMENT OF INTELLIGENCE COMMU2 NITY PERFORMANCE BY FUNCTION. 

3 (a) ANNUAL ASSESSMENTS REQUIRED.—Title V of 

4 the National Security Act of 1947 (50 U.S.C. 3091 et 

5 seq.) is amended by inserting after section 506I the fol6 lowing new section: 

7 ‘‘SEC. 506J. ANNUAL ASSESSMENT OF INTELLIGENCE COM8 MUNITY PERFORMANCE BY FUNCTION. 

9 ‘‘(a) IN GENERAL.—Not later than April 1, 2016, 

10 and each year thereafter, the Director of National Intel11 ligence shall, in consultation with the Functional Man12 agers, submit to the congressional intelligence committees 

13 a report on covered intelligence functions during the pre14 ceding year. 

15 ‘‘(b) ELEMENTS.—Each report under subsection (a) 

16 shall include for each covered intelligence function for the 

17 year covered by such report the following: 

18 ‘‘(1) An identification of the capabilities, pro19 grams, and activities of such intelligence function, 

20 regardless of the element of the intelligence commu21 nity that carried out such capabilities, programs, 

22 and activities. 

23 ‘‘(2) A description of the investment and alloca24 tion of resources for such intelligence function, in25 cluding an analysis of the allocation of resources 

26 within the context of the National Intelligence Strat-
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1 egy, priorities for recipients of resources, and areas 

2 of risk. 

3 ‘‘(3) A description and assessment of the per4 formance of such intelligence function. 

5 ‘‘(4) An identification of any issues related to 

6 the application of technical interoperability stand7 ards in the capabilities, programs, and activities of 

8 such intelligence function. 

9 ‘‘(5) An identification of the operational overlap 

10 or need for de-confliction, if any, within such intel11 ligence function. 

12 ‘‘(6) A description of any efforts to integrate 

13 such intelligence function with other intelligence dis14 ciplines as part of an integrated intelligence enter15 prise. 

16 ‘‘(7) A description of any efforts to establish 

17 consistency in tradecraft and training within such 

18 intelligence function. 

19 ‘‘(8) A description and assessment of develop20 ments in technology that bear on the future of such 

21 intelligence function. 

22 ‘‘(9) Such other matters relating to such intel23 ligence function as the Director may specify for pur24 poses of this section. 

25 ‘‘(c) DEFINITIONS.—In this section: 
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1 ‘‘(1) The term ‘covered intelligence functions’ 

2 means each intelligence function for which a Func3 tional Manager has been established under section 

4 103J during the year covered by a report under this 

5 section. 

6 ‘‘(2) The term ‘Functional Manager’ means the 

7 manager of an intelligence function established 

8 under section 103J.’’. 

9 (b) TABLE OF CONTENTS AMENDMENT.—The table 

10 of contents in the first section of the National Security 

11 Act of 1947 is amended by inserting after the item relat12 ing to section 506I the following new item: 

‘‘Sec. 506J. Annual assessment of intelligence community performance by function.’’. 

13 SEC. 307. SOFTWARE LICENSING. 

14 (a) IN GENERAL.—Title I of the National Security 

15 Act of 1947 (50 U.S.C. 3021 et seq.) is amended by in16 serting after section 108 the following new section: 

17 ‘‘SEC. 109. SOFTWARE LICENSING. 

18 ‘‘(a) REQUIREMENT FOR INVENTORIES OF SOFT19 WARE LICENSES.—The chief information officer of each 

20 element of the intelligence community, in consultation 

21 with the Chief Information Officer of the Intelligence 

22 Community, shall biennially— 
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1 ‘‘(1) conduct an inventory of all existing soft2 ware licenses of such element, including utilized and 

3 unutilized licenses; 

4 ‘‘(2) assess the actions that could be carried out 

5 by such element to achieve the greatest possible 

6 economies of scale and associated cost savings in 

7 software procurement and usage; and 

8 ‘‘(3) submit to the Chief Information Officer of 

9 the Intelligence Community each inventory required 

10 by paragraph (1) and each assessment required by 

11 paragraph (2). 

12 ‘‘(b) INVENTORIES BY THE CHIEF INFORMATION OF13 FICER OF THE INTELLIGENCE COMMUNITY.—The Chief 

14 Information Officer of the Intelligence Community, based 

15 on the inventories and assessments required by subsection 

16 (a), shall biennially— 

17 ‘‘(1) compile an inventory of all existing soft18 ware licenses of the intelligence community, includ19 ing utilized and unutilized licenses; and 

20 ‘‘(2) assess the actions that could be carried out 

21 by the intelligence community to achieve the greatest 

22 possible economies of scale and associated cost sav23 ings in software procurement and usage. 

24 ‘‘(c) REPORTS TO CONGRESS.—The Chief Informa25 tion Officer of the Intelligence Community shall submit 
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1 to the congressional intelligence committees a copy of each 

2 inventory compiled under subsection (b)(1).’’. 

3 (b) INITIAL INVENTORY.— 

4 (1) INTELLIGENCE COMMUNITY ELEMENTS.— 

5 (A) DATE.—Not later than 120 days after 

6 the date of the enactment of this Act, the chief 

7 information officer of each element of the intel8 ligence community shall complete the initial in9 ventory, assessment, and submission required 

10 under section 109(a) of the National Security 

11 Act of 1947, as added by subsection (a) of this 

12 section. 

13 (B) BASIS.—The initial inventory con14 ducted for each element of the intelligence com15 munity under section 109(a)(1) of the National 

16 Security Act of 1947, as added by subsection 

17 (a) of this section, shall be based on the inven18 tory of software licenses conducted pursuant to 

19 section 305 of the Intelligence Authorization 

20 Act for Fiscal Year 2013 (Public Law 112–277; 

21 126 Stat. 2472) for such element. 

22 (2) CHIEF INFORMATION OFFICER OF THE IN23 TELLIGENCE COMMUNITY.—Not later than 180 days 

24 after the date of the enactment of this Act, the 

25 Chief Information Officer of the Intelligence Com-
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1 munity shall complete the initial compilation and as2 sessment required under section 109(b) of the Na3 tional Security Act of 1947, as added by subsection 

4 (a). 

5 (c) TABLE OF CONTENTS AMENDMENTS.—The table 

6 of contents in the first section of the National Security 

7 Act of 1947 is amended— 

8 (1) by striking the second item relating to sec9 tion 104 (relating to Annual national security strat10 egy report); and 

11 (2) inserting after the item relating to section 

12 108 the following new item: 

‘‘Sec. 109. Software licensing.’’. 

13 SEC. 308. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC 

14 DISCLOSURES OF COVERT ACTIONS. 

15 Section 503 of the National Security Act of 1947 (50 

16 U.S.C. 3093) is amended by adding at the end the fol17 lowing new subsection: 

18 ‘‘(h) For each type of activity undertaken as part of 

19 a covert action, the President shall establish in writing a 

20 plan to respond to the unauthorized public disclosure of 

21 that type of activity.’’. 

22 SEC. 309. AUDITABILITY. 

23 (a) IN GENERAL.—Title V of the National Security 

24 Act of 1947 (50 U.S.C. 3091 et seq.) is amended by add25 ing at the end the following new section: 
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1 ‘‘SEC. 509. AUDITABILITY OF CERTAIN ELEMENTS OF THE 

2 INTELLIGENCE COMMUNITY. 

3 ‘‘(a) REQUIREMENT FOR ANNUAL AUDITS.—The 

4 head of each covered entity shall ensure that there is a 

5 full financial audit of such covered entity each year begin6 ning with fiscal year 2014. Such audits may be conducted 

7 by an internal or external independent accounting or au8 diting organization. 

9 ‘‘(b) REQUIREMENT FOR UNQUALIFIED OPINION.— 

10 Beginning as early as practicable, but in no event later 

11 than the audit required under subsection (a) for fiscal year 

12 2016, the head of each covered entity shall take all reason13 able steps necessary to ensure that each audit required 

14 under subsection (a) contains an unqualified opinion on 

15 the financial statements of such covered entity for the fis16 cal year covered by such audit. 

17 ‘‘(c) REPORTS TO CONGRESS.—The chief financial 

18 officer of each covered entity shall provide to the congres19 sional intelligence committees an annual audit report from 

20 an accounting or auditing organization on each audit of 

21 the covered entity conducted pursuant to subsection (a). 

22 ‘‘(d) COVERED ENTITY DEFINED.—In this section, 

23 the term ‘covered entity’ means the Office of the Director 

24 of National Intelligence, the Central Intelligence Agency, 

25 the Defense Intelligence Agency, the National Security 
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1 Agency, the National Reconnaissance Office, and the Na2 tional Geospatial-Intelligence Agency.’’. 

3 (b) TABLE OF CONTENTS AMENDMENT.—The table 

4 of contents in the first section of the National Security 

5 Act of 1947 is amended by inserting after the item relat6 ing to section 508 the following new item: 

‘‘Sec. 509. Auditability of certain elements of the intelligence community.’’. 

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

8 Section 8H(a) of the Inspector General Act of 1978 

9 (5 U.S.C. App.) is amended in paragraph (1)— 

10 (1) by redesignating subparagraphs (B) and 

11 (C) as subparagraphs (C) and (D), respectively; 

12 (2) by inserting after subparagraph (A) the fol13 lowing: 

14 ‘‘(B) An employee of an element of the intelligence 

15 community, an employee assigned or detailed to an ele16 ment of the intelligence community, or an employee of a 

17 contractor to the intelligence community, who intends to 

18 report to Congress a complaint or information with respect 

19 to an urgent concern may report such complaint or infor20 mation to the Inspector General of the Intelligence Com21 munity.’’; and 

22 (3) in subparagraph (D), as redesignated by 

23 paragraph (1)— 

24 (A) by striking ‘‘Act or section 17’’ and in25 serting ‘‘Act, section 17’’; and 
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1 (B) by striking the period at the end and 

2 inserting ‘‘, or section 103H(k) of the National 

3 Security Act of 1947 (50 U.S.C. 3033(k)).’’. 

4 SEC. 311. PUBLIC INTEREST DECLASSIFICATION BOARD. 

5 Section 710(b) of the Public Interest Declassification 

6 Act of 2000 (Public Law 106–567; 50 U.S.C. 3161 note) 

7 is amended by striking ‘‘2014.’’ and inserting ‘‘2018.’’. 

8 SEC. 312. OFFICIAL REPRESENTATION ITEMS IN SUPPORT 

9 OF THE COAST GUARD ATTACHE ́ PROGRAM. 

10 Notwithstanding any other limitation on the amount 

11 of funds that may be used for official representation items, 

12 the Secretary of Homeland Security may use funds made 

13 available to the Secretary through the National Intel14 ligence Program for necessary expenses for intelligence 

15 analysis and operations coordination activities for official 

16 representation items in support of the Coast Guard 

17 Attache ́ Program. 

18 SEC. 313. DECLASSIFICATION REVIEW OF CERTAIN ITEMS 

19 COLLECTED DURING THE MISSION THAT 

20 KILLED OSAMA BIN LADEN ON MAY 1, 2011. 

21 Not later than 120 days after the date of the enact22 ment of this Act, the Director of National Intelligence 

23 shall— 

24 (1) in the manner described in the classified 

25 annex to this Act— 
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1 (A) complete a declassification review of 

2 documents collected in Abbottabad, Pakistan, 

3 during the mission that killed Osama bin Laden 

4 on May 1, 2011; and 

5 (B) make publicly available any informa6 tion declassified as a result of the declassifica7 tion review required under paragraph (1); and 

8 (2) report to the congressional intelligence com9 mittees— 

10 (A) the results of the declassification re11 view required under paragraph (1); and 

12 (B) a justification for not declassifying any 

13 information required to be included in such de14 classification review that remains classified. 

15 SEC. 314. MERGER OF THE FOREIGN COUNTERINTEL16 LIGENCE PROGRAM AND THE GENERAL DE17 FENSE INTELLIGENCE PROGRAM. 

18 Notwithstanding any other provision of law, the Di19 rector of National Intelligence shall carry out the merger 

20 of the Foreign Counterintelligence Program into the Gen21 eral Defense Intelligence Program as directed in the clas22 sified annex to this Act. The merger shall go into effect 

23 no earlier than 30 days after written notification of the 

24 merger is provided to the congressional intelligence com25 mittees. 
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1 Subtitle B—Reporting 

2 SEC. 321. SIGNIFICANT INTERPRETATIONS OF LAW CON3 CERNING INTELLIGENCE ACTIVITIES. 

4 (a) IN GENERAL.—Title V of the National Security 

5 Act of 1947 (50 U.S.C. 3021 et seq.), as added by section 

6 309 of this Act, is further amended by adding at the end 

7 the following new section: 

8 ‘‘SEC. 510. SIGNIFICANT INTERPRETATIONS OF LAW CON9 CERNING INTELLIGENCE ACTIVITIES. 

10 ‘‘(a) NOTIFICATION.—Except as provided in sub11 section (c) and to the extent consistent with due regard 

12 for the protection from unauthorized disclosure of classi13 fied information relating to sensitive intelligence sources 

14 and methods or other exceptionally sensitive matters, the 

15 General Counsel of each element of the intelligence com16 munity shall notify the congressional intelligence commit17 tees, in writing, of any significant legal interpretation of 

18 the United States Constitution or Federal law affecting 

19 intelligence activities conducted by such element by not 

20 later than 30 days after the date of the commencement 

21 of any intelligence activity pursuant to such interpreta22 tion. 

23 ‘‘(b) CONTENT.—Each notification under subsection 

24 (a) shall provide a summary of the significant legal inter-
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1 pretation and the intelligence activity or activities con2 ducted pursuant to such interpretation. 

3 ‘‘(c) EXCEPTIONS.—A notification under subsection 

4 (a) shall not be required for a significant legal interpreta5 tion if— 

6 ‘‘(1) notice of the significant legal interpreta7 tion was previously provided to the congressional in8 telligence committees under subsection (a); or 

9 ‘‘(2) the significant legal interpretation was 

10 made before the date of the enactment of the Intel11 ligence Authorization Act for Fiscal Year 2014. 

12 ‘‘(d) LIMITED ACCESS FOR COVERT ACTION.—If the 

13 President determines that it is essential to limit access to 

14 a covert action finding under section 503(c)(2), the Presi15 dent may limit access to information concerning such find16 ing that is subject to notification under this section to 

17 those members of Congress who have been granted access 

18 to the relevant finding under section 503(c)(2).’’. 

19 (b) TABLE OF CONTENTS AMENDMENT.—The table 

20 of contents in the first section of the National Security 

21 Act of 1947 is amended by inserting after the item relat22 ing to section 509, as so added, the following new item: 

‘‘Sec. 510. Significant interpretations of law concerning intelligence activities.’’. 
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1 SEC. 322. REVIEW FOR OFFICIAL PUBLICATION OF OPIN2 IONS OF THE OFFICE OF LEGAL COUNSEL OF 

3 THE DEPARTMENT OF JUSTICE CONCERNING 

4 INTELLIGENCE ACTIVITIES. 

5 (a) PROCESS FOR REVIEW FOR OFFICIAL PUBLICA6 TION.—Not later than 180 days after the date of the en7 actment of this Act, the Attorney General shall, in coordi8 nation with the Director of National Intelligence, establish 

9 a process for the regular review for official publication of 

10 significant opinions of the Office of Legal Counsel of the 

11 Department of Justice that have been provided to an ele12 ment of the intelligence community. 

13 (b) FACTORS.—The process of review of opinions es14 tablished under subsection (a) shall include consideration 

15 of the following: 

16 (1) The potential importance of an opinion to 

17 other agencies or officials in the Executive branch. 

18 (2) The likelihood that similar questions ad19 dressed in an opinion may arise in the future. 

20 (3) The historical importance of an opinion or 

21 the context in which it arose. 

22 (4) The potential significance of an opinion to 

23 the overall jurisprudence of the Office of Legal 

24 Counsel. 
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1 (5) Such other factors as the Attorney General 

2 and the Director of National Intelligence consider 

3 appropriate. 

4 (c) PRESUMPTION.—The process of review estab5 lished under subsection (a) shall apply a presumption that 

6 significant opinions of the Office of Legal Counsel should 

7 be published when practicable, consistent with national se8 curity and other confidentiality considerations. 

9 (d) CONSTRUCTION.—Nothing in this section shall 

10 require the official publication of any opinion of the Office 

11 of Legal Counsel, including publication under any cir12 cumstance as follows: 

13 (1) When publication would reveal classified or 

14 other sensitive information relating to national secu15 rity. 

16 (2) When publication could reasonably be an17 ticipated to interfere with Federal law enforcement 

18 efforts or is prohibited by law. 

19 (3) When publication would conflict with pre20 serving internal Executive branch deliberative proc21 esses or protecting other information properly sub22 ject to privilege. 

23 (e) REQUIREMENT TO PROVIDE CLASSIFIED OPIN24 IONS TO CONGRESS.— 
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1 (1) IN GENERAL.—Any opinion of the Office of 

2 Legal Counsel that would have been selected for 

3 publication under the process of review established 

4 under subsection (a) but for the fact that publication 

5 would reveal classified or other sensitive information 

6 relating to national security shall be provided or 

7 made available to the appropriate committees of 

8 Congress. 

9 (2) EXCEPTION FOR COVERT ACTION.—If the 

10 President determines that it is essential to limit ac11 cess to a covert action finding under section 

12 503(c)(2) of the National Security Act of 1947 (50 

13 U.S.C. 3093(c)(2)), the President may limit access 

14 to information concerning such finding that would 

15 otherwise be provided or made available under this 

16 subsection to those members of Congress who have 

17 been granted access to such finding under such sec18 tion 503(c)(2). 

19 (f) JUDICIAL REVIEW.—The determination whether 

20 an opinion of the Office of Legal Counsel is appropriate 

21 for official publication under the process of review estab22 lished under subsection (a) is discretionary and is not sub23 ject to judicial review. 
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1 SEC. 323. SUBMITTAL TO CONGRESS BY HEADS OF ELE2 MENTS OF INTELLIGENCE COMMUNITY OF 

3 PLANS FOR ORDERLY SHUTDOWN IN EVENT 

4 OF ABSENCE OF APPROPRIATIONS. 

5 (a) IN GENERAL.—Whenever the head of an applica6 ble agency submits a plan to the Director of the Office 

7 of Management and Budget in accordance with section 

8 124 of Office of Management and Budget Circular A–11, 

9 pertaining to agency operations in the absence of appro10 priations, or any successor circular of the Office that re11 quires the head of an applicable agency to submit to the 

12 Director a plan for an orderly shutdown in the event of 

13 the absence of appropriations, such head shall submit a 

14 copy of such plan to the following: 

15 (1) The congressional intelligence committees. 

16 (2) The Subcommittee on Defense of the Com17 mittee on Appropriations of the Senate. 

18 (3) The Subcommittee on Defense of the Com19 mittee on Appropriations of the House of Represent20 atives. 

21 (4) In the case of a plan for an element of the 

22 intelligence community that is within the Depart23 ment of Defense, to— 

24 (A) the Committee on Armed Services of 

25 the Senate; and 
30 

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1 (B) the Committee on Armed Services of 

2 the House of Representatives. 

3 (b) HEAD OF AN APPLICABLE AGENCY DEFINED.— 

4 In this section, the term ‘‘head of an applicable agency’’ 

5 includes the following: 

6 (1) The Director of National Intelligence. 

7 (2) The Director of the Central Intelligence 

8 Agency. 

9 (3) Each head of each element of the intel10 ligence community that is within the Department of 

11 Defense. 

12 SEC. 324. REPORTS ON CHEMICAL WEAPONS IN SYRIA. 

13 (a) IN GENERAL.—Not later than 30 days after the 

14 date of the enactment of this Act, the Director of National 

15 Intelligence shall submit to Congress a report on the Syr16 ian chemical weapons program. 

17 (b) ELEMENTS.—The report required under sub18 section (a) shall include the following elements: 

19 (1) A comprehensive assessment of chemical 

20 weapon stockpiles in Syria, including names, types, 

21 and quantities of chemical weapons agents, types of 

22 munitions, and location and form of storage, produc23 tion, and research and development facilities. 

24 (2) A listing of key personnel associated with 

25 the Syrian chemical weapons program. 
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1 (3) An assessment of undeclared chemical 

2 weapons stockpiles, munitions, and facilities. 

3 (4) An assessment of how these stockpiles, pre4 cursors, and delivery systems were obtained. 

5 (5) A description of key intelligence gaps re6 lated to the Syrian chemical weapons program. 

7 (6) An assessment of any denial and deception 

8 efforts on the part of the Syrian regime related to 

9 its chemical weapons program. 

10 (c) PROGRESS REPORTS.—Every 90 days until the 

11 date that is 18 months after the date of the enactment 

12 of this Act, the Director of National Intelligence shall sub13 mit to Congress a progress report providing any material 

14 updates to the report required under subsection (a). 

15 SEC. 325. REPORTS TO THE INTELLIGENCE COMMUNITY ON 

16 PENETRATIONS OF NETWORKS AND INFOR17 MATION SYSTEMS OF CERTAIN CONTRAC18 TORS. 

19 (a) PROCEDURES FOR REPORTING PENETRA20 TIONS.—The Director of National Intelligence shall estab21 lish procedures that require each cleared intelligence con22 tractor to report to an element of the intelligence commu23 nity designated by the Director for purposes of such proce24 dures when a network or information system of such con-
32 

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1 tractor that meets the criteria established pursuant to sub2 section (b) is successfully penetrated. 

3 (b) NETWORKS AND INFORMATION SYSTEMS SUB4 JECT TO REPORTING.—The Director of National Intel5 ligence shall, in consultation with appropriate officials, es6 tablish criteria for covered networks to be subject to the 

7 procedures for reporting system penetrations under sub8 section (a). 

9 (c) PROCEDURE REQUIREMENTS.— 

10 (1) RAPID REPORTING.—The procedures estab11 lished pursuant to subsection (a) shall require each 

12 cleared intelligence contractor to rapidly report to an 

13 element of the intelligence community designated 

14 pursuant to subsection (a) of each successful pene15 tration of the network or information systems of 

16 such contractor that meet the criteria established 

17 pursuant to subsection (b). Each such report shall 

18 include the following: 

19 (A) A description of the technique or 

20 method used in such penetration. 

21 (B) A sample of the malicious software, if 

22 discovered and isolated by the contractor, in23 volved in such penetration. 

24 (C) A summary of information created by 

25 or for such element in connection with any pro-
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1 gram of such element that has been potentially 

2 compromised due to such penetration. 

3 (2) ACCESS TO EQUIPMENT AND INFORMATION

4 BY INTELLIGENCE COMMUNITY PERSONNEL.—The 

5 procedures established pursuant to subsection (a) 

6 shall— 

7 (A) include mechanisms for intelligence 

8 community personnel to, upon request, obtain 

9 access to equipment or information of a cleared 

10 intelligence contractor necessary to conduct fo11 rensic analysis in addition to any analysis con12 ducted by such contractor; 

13 (B) provide that a cleared intelligence con14 tractor is only required to provide access to 

15 equipment or information as described in sub16 paragraph (A) to determine whether informa17 tion created by or for an element of the intel18 ligence community in connection with any intel19 ligence community program was successfully 

20 exfiltrated from a network or information sys21 tem of such contractor and, if so, what informa22 tion was exfiltrated; and 

23 (C) provide for the reasonable protection of 

24 trade secrets, commercial or financial informa25 tion, and information that can be used to iden-
34 

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1 tify a specific person (other than the name of 

2 the suspected perpetrator of the penetration). 

3 (3) LIMITATION ON DISSEMINATION OF CER4 TAIN INFORMATION.—The procedures established 

5 pursuant to subsection (a) shall prohibit the dissemi6 nation outside the intelligence community of infor7 mation obtained or derived through such procedures 

8 that is not created by or for the intelligence commu9 nity except— 

10 (A) with the approval of the contractor 

11 providing such information; 

12 (B) to the congressional intelligence com13 mittees or the Subcommittees on Defense of the 

14 Committees on Appropriations of the House of 

15 Representatives and the Senate for such com16 mittees and such Subcommittees to perform 

17 oversight; or 

18 (C) to law enforcement agencies to inves19 tigate a penetration reported under this section. 

20 (d) ISSUANCE OF PROCEDURES AND ESTABLISH21 MENT OF CRITERIA.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 the date of the enactment of this Act, the Director 

24 of National Intelligence shall establish the proce-
35 

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1 dures required under subsection (a) and the criteria 

2 required under subsection (b). 

3 (2) APPLICABILITY DATE.—The requirements 

4 of this section shall apply on the date on which the 

5 Director of National Intelligence establishes the pro6 cedures required under this section. 

7 (e) COORDINATION WITH THE SECRETARY OF DE8 FENSE TO PREVENT DUPLICATE REPORTING.—Not later 

9 than 180 days after the date of the enactment of this Act, 

10 the Director of National Intelligence and the Secretary of 

11 Defense shall establish procedures to permit a contractor 

12 that is a cleared intelligence contractor and a cleared de13 fense contractor under section 941 of the National De14 fense Authorization Act for Fiscal Year 2013 (Public Law 

15 112–239; 10 U.S.C. 2224 note) to submit a single report 

16 that satisfies the requirements of this section and such 

17 section 941 for an incident of penetration of network or 

18 information system. 

19 (f) DEFINITIONS.—In this section: 

20 (1) CLEARED INTELLIGENCE CONTRACTOR.— 

21 The term ‘‘cleared intelligence contractor’’ means a 

22 private entity granted clearance by the Director of 

23 National Intelligence or the head of an element of 

24 the intelligence community to access, receive, or 

25 store classified information for the purpose of bid-
36 

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1 ding for a contract or conducting activities in sup2 port of any program of an element of the intelligence 

3 community. 

4 (2) COVERED NETWORK.—The term ‘‘covered 

5 network’’ means a network or information system of 

6 a cleared intelligence contractor that contains or 

7 processes information created by or for an element 

8 of the intelligence community with respect to which 

9 such contractor is required to apply enhanced pro10 tection. 

11 (g) SAVINGS CLAUSES.—Nothing in this section shall 

12 be construed to alter or limit any otherwise authorized ac13 cess by government personnel to networks or information 

14 systems owned or operated by a contractor that processes 

15 or stores government data. 

16 SEC. 326. REPORT ON ELECTRONIC WASTE. 

17 (a) REPORT.—Not later than 90 days after the date 

18 of the enactment of this Act, the Director of National In19 telligence shall submit to the congressional intelligence 

20 committees a report on the extent to which the intelligence 

21 community has implemented the recommendations of the 

22 Inspector General of the Intelligence Community con23 tained in the report entitled ‘‘Study of Intelligence Com24 munity Electronic Waste Disposal Practices’’ issued in 

25 May 2013. Such report shall include an assessment of the 
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1 extent to which the policies, standards, and guidelines of 

2 the intelligence community governing the proper disposal 

3 of electronic waste are applicable to covered commercial 

4 electronic waste that may contain classified information. 

5 (b) DEFINITIONS.—In this section: 

6 (1) COVERED COMMERCIAL ELECTRONIC

7 WASTE.—The term ‘‘covered commercial electronic 

8 waste’’ means electronic waste of a commercial enti9 ty that contracts with an element of the intelligence 

10 community. 

11 (2) ELECTRONIC WASTE.—The term ‘‘electronic 

12 waste’’ includes any obsolete, broken, or irreparable 

13 electronic device, including a television, copier, fac14 simile machine, tablet, telephone, computer, com15 puter monitor, laptop, printer, scanner, and associ16 ated electrical wiring. 

17 SEC. 327. PROMOTING STEM EDUCATION TO MEET THE FU18 TURE WORKFORCE NEEDS OF THE INTEL19 LIGENCE COMMUNITY. 

20 (a) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Director of National In22 telligence shall submit to the Secretary of Education and 

23 the congressional intelligence committees a report describ24 ing the anticipated hiring needs of the intelligence commu25 nity in the fields of science, technology, engineering, and 
38 

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1 mathematics, including cybersecurity and computer lit2 eracy. The report shall— 

3 (1) describe the extent to which competitions, 

4 challenges, or internships at elements of the intel5 ligence community that do not involve access to clas6 sified information may be utilized to promote edu7 cation in the fields of science, technology, engineer8 ing, and mathematics, including cybersecurity and 

9 computer literacy, within high schools or institutions 

10 of higher education in the United States; 

11 (2) include cost estimates for carrying out such 

12 competitions, challenges, or internships; and 

13 (3) include strategies for conducting expedited 

14 security clearance investigations and adjudications 

15 for students at institutions of higher education for 

16 purposes of offering internships at elements of the 

17 intelligence community. 

18 (b) CONSIDERATION OF EXISTING PROGRAMS.—In 

19 developing the report under subsection (a), the Director 

20 shall take into consideration existing programs of the in21 telligence community, including the education programs of 

22 the National Security Agency and the Information Assur23 ance Scholarship Program of the Department of Defense, 

24 as appropriate. 

25 (c) DEFINITIONS.—In this section: 
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1 (1) HIGH SCHOOL.—The term ‘‘high school’’ 

2 mean a school that awards a secondary school di3 ploma. 

4 (2) INSTITUTION OF HIGHER EDUCATION.—The 

5 term ‘‘institution of higher education’’ has the 

6 meaning given the term in section 101(a) of the 

7 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

8 (3) SECONDARY SCHOOL.—The term ‘‘sec9 ondary school’’ has the meaning given the term in 

10 section 9101 of the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 7801). 

12 SEC. 328. REPEAL OF THE TERMINATION OF NOTIFICATION 

13 REQUIREMENTS REGARDING THE AUTHOR14 IZED DISCLOSURE OF NATIONAL INTEL15 LIGENCE. 

16 Section 504 of the Intelligence Authorization Act for 

17 Fiscal Year 2013 (Public Law 112–277; 126 Stat. 2477) 

18 is amended by striking subsection (e). 

19 SEC. 329. REPEAL OR MODIFICATION OF CERTAIN REPORT20 ING REQUIREMENTS. 

21 (a) REPEAL OF REPORTING REQUIREMENTS.— 

22 (1) THREAT OF ATTACK ON THE UNITED

23 STATES USING WEAPONS OF MASS DESTRUCTION.— 

24 Section 114 of the National Security Act of 1947 
40 

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1 (50 U.S.C. 3050) is amended by striking subsection 

2 (b). 

3 (2) TREATY ON CONVENTIONAL ARMED FORCES

4 IN EUROPE.—Section 2(5)(E) of the Senate resolu5 tion advising and consenting to ratification of the 

6 Document Agreed Among the States Parties to the 

7 Treaty on Conventional Armed Forces in Europe 

8 (CFE) of November 19, 1990, adopted at Vienna 

9 May 31, 1996 (Treaty Doc. 105–5) (commonly re10 ferred to as the ‘‘CFE Flank Document’’), 105th 

11 Congress, agreed to May 14, 1997, is repealed. 

12 (b) MODIFICATION OF REPORTING REQUIRE13 MENTS.— 

14 (1) INTELLIGENCE ADVISORY COMMITTEES.— 

15 Section 410(b) of the Intelligence Authorization Act 

16 for Fiscal Year 2010 (50 U.S.C. 3309) is amended 

17 to read as follows: 

18 ‘‘(b) NOTIFICATION OF ESTABLISHMENT OF ADVI19 SORY COMMITTEE.—The Director of National Intelligence 

20 and the Director of the Central Intelligence Agency shall 

21 each notify the congressional intelligence committees each 

22 time each such Director creates an advisory committee. 

23 Each notification shall include— 

24 ‘‘(1) a description of such advisory committee, 

25 including the subject matter of such committee; 
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1 ‘‘(2) a list of members of such advisory com2 mittee; and 

3 ‘‘(3) in the case of an advisory committee cre4 ated by the Director of National Intelligence, the 

5 reasons for a determination by the Director under 

6 section 4(b)(3) of the Federal Advisory Committee 

7 Act (5 U.S.C. App.) that an advisory committee can8 not comply with the requirements of such Act.’’. 

9 (2) INTELLIGENCE INFORMATION SHARING.— 

10 Section 102A(g)(4) of the National Security Act of 

11 1947 (50 U.S.C. 3024(g)(4)) is amended to read as 

12 follows: 

13 ‘‘(4) The Director of National Intelligence shall, in 

14 a timely manner, report to Congress any statute, regula15 tion, policy, or practice that the Director believes impedes 

16 the ability of the Director to fully and effectively ensure 

17 maximum availability of access to intelligence information 

18 within the intelligence community consistent with the pro19 tection of the national security of the United States.’’. 

20 (3) INTELLIGENCE COMMUNITY BUSINESS SYS21 TEM TRANSFORMATION.—Section 506D(j) of the 

22 National Security Act of 1947 (50 U.S.C. 3100(j)) 

23 is amended in the matter preceding paragraph (1) 

24 by striking ‘‘2015’’ and inserting ‘‘2014’’. 
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1 (4) ACTIVITIES OF PRIVACY AND CIVIL LIB2 ERTIES OFFICERS.—Section 1062(f)(1) of the Intel3 ligence Reform and Terrorism Prevention Act of 

4 2004 (42 U.S.C. 2000ee–1(f)(1)) is amended in the 

5 matter preceding subparagraph (A) by striking 

6 ‘‘quarterly’’ and inserting ‘‘semiannually’’. 

7 (c) CONFORMING AMENDMENTS.—The National Se8 curity Act of 1947 (50 U.S.C. 3001 et seq.) is amended— 

9 (1) in the table of contents in the first section, 

10 by striking the item relating to section 114 and in11 serting the following new item: 

‘‘Sec. 114. Annual report on hiring and retention of minority employees.’’; 

12 (2) in section 114 (50 U.S.C. 3050)— 

13 (A) by amending the heading to read as 

14 follows: ‘‘ANNUAL REPORT ON HIRING AND

15 RETENTION OF MINORITY EMPLOYEES’’; 

16 (B) by striking ‘‘(a) ANNUAL REPORT ON

17 HIRING AND RETENTION OF MINORITY EM18 PLOYEES.—’’; 

19 (C) by redesignating paragraphs (1) 

20 through (5) as subsections (a) through (e), re21 spectively; 

22 (D) in subsection (b) (as so redesig23 nated)— 
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1 (i) by redesignating subparagraphs 

2 (A) through (C) as paragraphs (1) through 

3 (3), respectively; and 

4 (ii) in paragraph (2) (as so redesig5 nated)— 

6 (I) by redesignating clauses (i) 

7 and (ii) as subparagraphs (A) and 

8 (B), respectively; and 

9 (II) in the matter preceding sub10 paragraph (A) (as so redesignated), 

11 by striking ‘‘clauses (i) and (ii)’’ and 

12 inserting ‘‘subparagraphs (A) and 

13 (B)’’; 

14 (E) in subsection (d) (as redesignated by 

15 subparagraph (C) of this paragraph), by strik16 ing ‘‘subsection’’ and inserting ‘‘section’’; and 

17 (F) in subsection (e) (as redesignated by 

18 subparagraph (C) of this paragraph)— 

19 (i) by redesignating subparagraphs 

20 (A) through (C) as paragraphs (1) through 

21 (3), respectively; and 

22 (ii) by striking ‘‘subsection,’’ and in23 serting ‘‘section’’; and 

24 (3) in section 507 (50 U.S.C. 3106)— 

25 (A) in subsection (a)— 
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1 (i) by striking ‘‘(1) The date’’ and in2 serting ‘‘The date’’; 

3 (ii) by striking ‘‘subsection (c)(1)(A)’’ 

4 and inserting ‘‘subsection (c)(1)’’; 

5 (iii) by striking paragraph (2); and 

6 (iv) by redesignating subparagraphs 

7 (A) through (F) as paragraphs (1) through 

8 (6), respectively; 

9 (B) in subsection (c)(1)— 

10 (i) by striking ‘‘(A) Except’’ and in11 serting ‘‘Except’’; and 

12 (ii) by striking subparagraph (B); and 

13 (C) in subsection (d)(1)— 

14 (i) in subparagraph (A)— 

15 (I) by striking ‘‘subsection 

16 (a)(1)’’ and inserting ‘‘subsection 

17 (a)’’; and 

18 (II) by inserting ‘‘and’’ after 

19 ‘‘March 1;’’; 

20 (ii) by striking subparagraph (B); and 

21 (iii) by redesignating subparagraph 

22 (C) as subparagraph (B). 
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1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—National Security 

5 Agency 

6 SEC. 401. APPOINTMENT OF THE DIRECTOR OF THE NA7 TIONAL SECURITY AGENCY. 

8 (a) DIRECTOR OF THE NATIONAL SECURITY AGEN9 CY.—Section 2 of the National Security Agency Act of 

10 1959 (50 U.S.C. 3602) is amended— 

11 (1) by inserting ‘‘(b)’’ before ‘‘There’’; and 

12 (2) by inserting before subsection (b), as so 

13 designated by paragraph (1), the following: 

14 ‘‘(a)(1) There is a Director of the National Security 

15 Agency. 

16 ‘‘(2) The Director of the National Security Agency 

17 shall be appointed by the President, by and with the advice 

18 and consent of the Senate. 

19 ‘‘(3) The Director of the National Security Agency 

20 shall be the head of the National Security Agency and 

21 shall discharge such functions and duties as are provided 

22 by this Act or otherwise by law or executive order.’’. 

23 (b) POSITION OF IMPORTANCE AND RESPONSI24 BILITY.— 
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1 (1) IN GENERAL.—The President may des2 ignate the Director of the National Security Agency 

3 as a position of importance and responsibility under 

4 section 601 of title 10, United States Code. 

5 (2) EFFECTIVE DATE.—Paragraph (1) shall 

6 take effect on the date of the enactment of this Act. 

7 SEC. 402. APPOINTMENT OF THE INSPECTOR GENERAL OF 

8 THE NATIONAL SECURITY AGENCY. 

9 The Inspector General Act of 1978 (5 U.S.C. App.) 

10 is amended— 

11 (1) in section 8G(a)(2), by striking ‘‘the Na12 tional Security Agency,’’; and 

13 (2) in section 12— 

14 (A) in paragraph (1), by striking ‘‘or the 

15 Federal Cochairpersons of the Commissions es16 tablished under section 15301 of title 40, 

17 United States Code;’’ and inserting ‘‘the Fed18 eral Cochairpersons of the Commissions estab19 lished under section 15301 of title 40, United 

20 States Code; the Director of the National Secu21 rity Agency;’’; and 

22 (B) in paragraph (2), by striking ‘‘or the 

23 Commissions established under section 15301 

24 of title 40, United States Code,’’ and inserting 

25 ‘‘the Commissions established under section 
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1 15301 of title 40, United States Code, the Na2 tional Security Agency,’’. 

3 SEC. 403. EFFECTIVE DATE AND APPLICABILITY. 

4 (a) IN GENERAL.—Except as otherwise specifically 

5 provided, the amendments made by sections 401 and 402 

6 shall take effect on October 1, 2014, and shall apply upon 

7 the earlier of— 

8 (1) in the case of section 401— 

9 (A) the date of the first nomination by the 

10 President of an individual to serve as the Direc11 tor of the National Security Agency that occurs 

12 on or after October 1, 2014; or 

13 (B) the date of the cessation of the per14 formance of the duties of the Director of the 

15 National Security Agency by the individual per16 forming such duties on October 1, 2014; and 

17 (2) in the case of section 402— 

18 (A) the date of the first nomination by the 

19 President of an individual to serve as the In20 spector General of the National Security Agen21 cy that occurs on or after October 1, 2014; or 

22 (B) the date of the cessation of the per23 formance of the duties of the Inspector General 

24 of the National Security Agency by the indi-
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1 vidual performing such duties on October 1, 

2 2014. 

3 (b) EXCEPTION FOR INITIAL NOMINATIONS.—Not4 withstanding paragraph (1)(A) or (2)(A) of subsection (a), 

5 an individual serving as the Director of the National Secu6 rity Agency or the Inspector General of the National Secu7 rity Agency on the date that the President first nominates 

8 an individual for such position on or after October 1, 

9 2014, may continue to perform in that position after such 

10 date of nomination and until the individual appointed to 

11 the position, by and with the advice and consent of the 

12 Senate, assumes the duties of the position. 

13 (c) INCUMBENT INSPECTOR GENERAL.—The indi14 vidual serving as Inspector General of the National Secu15 rity Agency on the date of the enactment of this Act shall 

16 be eligible to be appointed by the President to a new term 

17 of service under section 3 of the Inspector General Act 

18 of 1978 (5 U.S.C. App.), by and with the advice and con19 sent of the Senate. 
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1 Subtitle B—National 

2 Reconnaissance Office 

3 SEC. 411. APPOINTMENT OF THE DIRECTOR OF THE NA4 TIONAL RECONNAISSANCE OFFICE. 

5 (a) IN GENERAL.—The National Security Act of 

6 1947 (50 U.S.C. 3001 et seq.) is amended by adding after 

7 section 106 the following: 

8 ‘‘SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAIS9 SANCE OFFICE. 

10 ‘‘(a) IN GENERAL.—There is a Director of the Na11 tional Reconnaissance Office. 

12 ‘‘(b) APPOINTMENT.—The Director of the National 

13 Reconnaissance Office shall be appointed by the President, 

14 by and with the advice and consent of the Senate. 

15 ‘‘(c) FUNCTIONS AND DUTIES.—The Director of the 

16 National Reconnaissance Office shall be the head of the 

17 National Reconnaissance Office and shall discharge such 

18 functions and duties as are provided by this Act or other19 wise by law or executive order.’’. 

20 (b) POSITION OF IMPORTANCE AND RESPONSI21 BILITY.— 

22 (1) IN GENERAL.—The President may des23 ignate the Director of the National Reconnaissance 

24 Office as a position of importance and responsibility 

25 under section 601 of title 10, United States Code. 
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1 (2) EFFECTIVE DATE.—Paragraph (1) shall 

2 take effect on the date of the enactment of this Act. 

3 (c) TABLE OF CONTENTS AMENDMENT.—The table 

4 of contents in the first section of the National Security 

5 Act of 1947 (50 U.S.C. 3001 et seq.) is amended by in6 serting after the item relating to section 106 the following: 

‘‘Sec. 106A. Director of the National Reconnaissance Office.’’. 

7 SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF 

8 THE NATIONAL RECONNAISSANCE OFFICE. 

9 The Inspector General Act of 1978 (5 U.S.C. App.)— 

10 (1) in section 8G(a)(2), as amended by section 

11 402, is further amended by striking ‘‘the National 

12 Reconnaissance Office,’’; and 

13 (2) in section 12, as amended by section 402, 

14 is further amended— 

15 (A) in paragraph (1), by inserting ‘‘or the 

16 Director of the National Reconnaissance Of17 fice;’’ before ‘‘as the case may be;’’; and 

18 (B) in paragraph (2), by inserting ‘‘or the 

19 National Reconnaissance Office,’’ before ‘‘as the 

20 case may be;’’. 

21 SEC. 413. EFFECTIVE DATE AND APPLICABILITY. 

22 (a) IN GENERAL.—The amendments made by sec23 tions 411 and 412 shall take effect on October 1, 2014, 

24 and shall apply upon the earlier of— 

25 (1) in the case of section 411— 
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1 (A) the date of the first nomination by the 

2 President of an individual to serve as the Direc3 tor of the National Reconnaissance Office that 

4 occurs on or after October 1, 2014; or 

5 (B) the date of the cessation of the per6 formance of the duties of the Director of the 

7 National Reconnaissance Office by the indi8 vidual performing such duties on October 1, 

9 2014; and 

10 (2) in the case of section 412— 

11 (A) the date of the first nomination by the 

12 President of an individual to serve as the In13 spector General of the National Reconnaissance 

14 Office that occurs on or after October 1, 2014; 

15 or 

16 (B) the date of the cessation of the per17 formance of the duties of the Inspector General 

18 of the National Reconnaissance Office by the 

19 individual performing such duties on October 1, 

20 2014. 

21 (b) EXCEPTION FOR INITIAL NOMINATIONS.—Not22 withstanding paragraph (1)(A) or (2)(A) of subsection (a), 

23 an individual serving as the Director of the National Re24 connaissance Office or the Inspector General of the Na25 tional Reconnaissance Office on the date that the Presi-
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1 dent first nominates an individual for such position on or 

2 after October 1, 2014, may continue to perform in that 

3 position after such date of nomination and until the indi4 vidual appointed to the position, by and with the advice 

5 and consent of the Senate, assumes the duties of the posi6 tion. 

7 (c) INCUMBENT INSPECTOR GENERAL.—The indi8 vidual serving as Inspector General of the National Recon9 naissance Office on the date of the enactment of this Act 

10 shall be eligible to be appointed by the President to a new 

11 term of service under section 3 of the Inspector General 

12 Act of 1978 (5 U.S.C. App.), by and with the advice and 

13 consent of the Senate. 

14 Subtitle C—Central Intelligence 

15 Agency 

16 SEC. 421. GIFTS, DEVISES, AND BEQUESTS. 

17 Section 12 of the Central Intelligence Agency Act of 

18 1949 (50 U.S.C. 3512) is amended— 

19 (1) by striking the section heading and insert20 ing ‘‘GIFTS, DEVISES, AND BEQUESTS’’; 

21 (2) in subsection (a)(2)— 

22 (A) by inserting ‘‘by the Director as a gift 

23 to the Agency’’ after ‘‘accepted’’; and 

24 (B) by striking ‘‘this section’’ and insert25 ing ‘‘this subsection’’; 
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1 (3) in subsection (b), by striking ‘‘this section,’’ 

2 and inserting ‘‘subsection (a),’’; 

3 (4) in subsection (c), by striking ‘‘this section,’’ 

4 and inserting ‘‘subsection (a),’’; 

5 (5) in subsection (d), by striking ‘‘this section’’ 

6 and inserting ‘‘subsection (a)’’; 

7 (6) by redesignating subsection (f) as sub8 section (g); and 

9 (7) by inserting after subsection (e) the fol10 lowing: 

11 ‘‘(f)(1) The Director may engage in fundraising in 

12 an official capacity for the benefit of nonprofit organiza13 tions that provide support to surviving family members of 

14 deceased Agency employees or that otherwise provide sup15 port for the welfare, education, or recreation of Agency 

16 employees, former Agency employees, or their family mem17 bers. 

18 ‘‘(2) In this subsection, the term ‘fundraising’ means 

19 the raising of funds through the active participation in the 

20 promotion, production, or presentation of an event de21 signed to raise funds and does not include the direct solici22 tation of money by any other means.’’. 
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1 TITLE V—SECURITY CLEARANCE 

2 REFORM 

3 SEC. 501. CONTINUOUS EVALUATION AND SHARING OF DE4 ROGATORY INFORMATION REGARDING PER5 SONNEL WITH ACCESS TO CLASSIFIED IN6 FORMATION. 

7 Section 102A(j) of the National Security Act of 1947 

8 (50 U.S.C. 3024(j)) is amended— 

9 (1) in the heading, by striking ‘‘SENSITIVE

10 COMPARTMENTED INFORMATION’’ and inserting 

11 ‘‘CLASSIFIED INFORMATION’’; 

12 (2) in paragraph (3), by striking ‘‘; and’’ and 

13 inserting a semicolon; 

14 (3) in paragraph (4), by striking the period and 

15 inserting a semicolon; and 

16 (4) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(5) ensure that the background of each em19 ployee or officer of an element of the intelligence 

20 community, each contractor to an element of the in21 telligence community, and each individual employee 

22 of such a contractor who has been determined to be 

23 eligible for access to classified information is mon24 itored on a continual basis under standards devel25 oped by the Director, including with respect to the 
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1 frequency of evaluation, during the period of eligi2 bility of such employee or officer of an element of 

3 the intelligence community, such contractor, or such 

4 individual employee to such a contractor to deter5 mine whether such employee or officer of an element 

6 of the intelligence community, such contractor, and 

7 such individual employee of such a contractor con8 tinues to meet the requirements for eligibility for ac9 cess to classified information; and 

10 ‘‘(6) develop procedures to require information 

11 sharing between elements of the intelligence commu12 nity concerning potentially derogatory security infor13 mation regarding an employee or officer of an ele14 ment of the intelligence community, a contractor to 

15 an element of the intelligence community, or an indi16 vidual employee of such a contractor that may im17 pact the eligibility of such employee or officer of an 

18 element of the intelligence community, such con19 tractor, or such individual employee of such a con20 tractor for a security clearance.’’. 

21 SEC. 502. REQUIREMENTS FOR INTELLIGENCE COMMUNITY 

22 CONTRACTORS. 

23 (a) REQUIREMENTS.—Section 102A of the National 

24 Security Act of 1947 (50 U.S.C. 3024) is amended by 

25 adding at the end the following new subsection: 
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1 ‘‘(x) REQUIREMENTS FOR INTELLIGENCE COMMU2 NITY CONTRACTORS.—The Director of National Intel3 ligence, in consultation with the head of each department 

4 of the Federal Government that contains an element of 

5 the intelligence community and the Director of the Central 

6 Intelligence Agency, shall— 

7 ‘‘(1) ensure that— 

8 ‘‘(A) any contractor to an element of the 

9 intelligence community with access to a classi10 fied network or classified information develops 

11 and operates a security plan that is consistent 

12 with standards established by the Director of 

13 National Intelligence for intelligence community 

14 networks; and 

15 ‘‘(B) each contract awarded by an element 

16 of the intelligence community includes provi17 sions requiring the contractor comply with such 

18 plan and such standards; 

19 ‘‘(2) conduct periodic assessments of each secu20 rity plan required under paragraph (1)(A) to ensure 

21 such security plan complies with the requirements of 

22 such paragraph; and 

23 ‘‘(3) ensure that the insider threat detection ca24 pabilities and insider threat policies of the intel-
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1 ligence community apply to facilities of contractors 

2 with access to a classified network.’’. 

3 (b) APPLICABILITY.—The amendment made by sub4 section (a) shall apply with respect to contracts entered 

5 into or renewed after the date of the enactment of this 

6 Act. 

7 SEC. 503. TECHNOLOGY IMPROVEMENTS TO SECURITY 

8 CLEARANCE PROCESSING. 

9 (a) IN GENERAL.—The Director of National Intel10 ligence, in consultation with the Secretary of Defense and 

11 the Director of the Office of Personnel Management, shall 

12 conduct an analysis of the relative costs and benefits of 

13 potential improvements to the process for investigating 

14 persons who are proposed for access to classified informa15 tion and adjudicating whether such persons satisfy the cri16 teria for obtaining and retaining access to such informa17 tion. 

18 (b) CONTENTS OF ANALYSIS.—In conducting the 

19 analysis required by subsection (a), the Director of Na20 tional Intelligence shall evaluate the costs and benefits as21 sociated with— 

22 (1) the elimination of manual processes in secu23 rity clearance investigations and adjudications, if 

24 possible, and automating and integrating the ele25 ments of the investigation process, including— 
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1 (A) the clearance application process; 

2 (B) case management; 

3 (C) adjudication management; 

4 (D) investigation methods for the collec5 tion, analysis, storage, retrieval, and transfer of 

6 data and records; and 

7 (E) records management for access and 

8 eligibility determinations; 

9 (2) the elimination or reduction, if possible, of 

10 the use of databases and information sources that 

11 cannot be accessed and processed automatically elec12 tronically, or modification of such databases and in13 formation sources, to enable electronic access and 

14 processing; 

15 (3) the use of government-developed and com16 mercial technology for continuous monitoring and 

17 evaluation of government and commercial data 

18 sources that can identify and flag information perti19 nent to adjudication guidelines and eligibility deter20 minations; 

21 (4) the standardization of forms used for rou22 tine reporting required of cleared personnel (such as 

23 travel, foreign contacts, and financial disclosures) 

24 and use of continuous monitoring technology to ac25 cess databases containing such reportable informa-
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1 tion to independently obtain and analyze reportable 

2 data and events; 

3 (5) the establishment of an authoritative central 

4 repository of personnel security information that is 

5 accessible electronically at multiple levels of classi6 fication and eliminates technical barriers to rapid 

7 access to information necessary for eligibility deter8 minations and reciprocal recognition thereof; 

9 (6) using digitally processed fingerprints, as a 

10 substitute for ink or paper prints, to reduce error 

11 rates and improve portability of data; 

12 (7) expanding the use of technology to improve 

13 an applicant’s ability to discover the status of a 

14 pending security clearance application or reinvestiga15 tion; and 

16 (8) using government and publicly available 

17 commercial data sources, including social media, 

18 that provide independent information pertinent to 

19 adjudication guidelines to improve quality and time20 liness, and reduce costs, of investigations and re21 investigations. 

22 (c) REPORT TO CONGRESS.—Not later than 6 

23 months after the date of the enactment of this Act, the 

24 Director of National Intelligence shall submit to the ap-
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1 propriate committees of Congress a report on the analysis 

2 required by subsection (a). 

3 SEC. 504. REPORT ON RECIPROCITY OF SECURITY CLEAR4 ANCES. 

5 The head of the entity selected pursuant to section 

6 3001(b) of the Intelligence Reform and Terrorism Preven7 tion Act of 2004 (50 U.S.C. 3341(b)) shall submit to the 

8 appropriate committees of Congress a report each year 

9 through 2017 that describes for the preceding year— 

10 (1) the periods of time required by authorized 

11 adjudicative agencies for accepting background in12 vestigations and determinations completed by an au13 thorized investigative entity or authorized adjudica14 tive agency; 

15 (2) the total number of cases in which a back16 ground investigation or determination completed by 

17 an authorized investigative entity or authorized ad18 judicative agency is accepted by another agency; 

19 (3) the total number of cases in which a back20 ground investigation or determination completed by 

21 an authorized investigative entity or authorized ad22 judicative agency is not accepted by another agency; 

23 and 
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1 (4) such other information or recommendations 

2 as the head of the entity selected pursuant to such 

3 section 3001(b) considers appropriate. 

4 SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION 

5 PROCESS. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, and annually thereafter 

8 until December 31, 2017, the Director of National Intel9 ligence, in consultation with the Secretary of Defense and 

10 the Director of the Office of Personnel Management, shall 

11 transmit to the appropriate committees of Congress a 

12 strategic plan for updating the process for periodic re13 investigations consistent with a continuous evaluation pro14 gram. 

15 (b) CONTENTS.—The plan required by subsection (a) 

16 shall include— 

17 (1) an analysis of the costs and benefits associ18 ated with conducting periodic reinvestigations; 

19 (2) an analysis of the costs and benefits associ20 ated with replacing some or all periodic reinvestiga21 tions with a program of continuous evaluation; 

22 (3) a determination of how many risk-based 

23 and ad hoc periodic reinvestigations are necessary on 

24 an annual basis for each component of the Federal 

25 Government with employees with security clearances; 
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1 (4) an analysis of the potential benefits of ex2 panding the Government’s use of continuous evalua3 tion tools as a means of improving the effectiveness 

4 and efficiency of procedures for confirming the eligi5 bility of personnel for continued access to classified 

6 information; and 

7 (5) an analysis of how many personnel with 

8 out-of-scope background investigations are employed 

9 by, or contracted or detailed to, each element of the 

10 intelligence community. 

11 (c) PERIODIC REINVESTIGATIONS DEFINED.—In this 

12 section, the term ‘‘periodic reinvestigations’’ has the 

13 meaning given that term in section 3001(a) of the Intel14 ligence Reform and Terrorism Prevention Act of 2004 (50 

15 U.S.C. 3341(a)). 

16 SEC. 506. APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED. 

18 In this title, the term ‘‘appropriate committees of 

19 Congress’’ means— 

20 (1) the congressional intelligence committees; 

21 (2) the Committee on Armed Services and the 

22 Committee on Homeland Security and Governmental 

23 Affairs of the Senate; and 
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1 (3) the Committee on Armed Services and the 

2 Committee on Homeland Security of the House of 

3 Representatives. 

4 TITLE VI—INTELLIGENCE COM5 MUNITY WHISTLEBLOWER 

6 PROTECTIONS 

7 SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY 

8 WHISTLEBLOWERS. 

9 (a) IN GENERAL.—Title XI of the National Security 

10 Act of 1947 (50 U.S.C. 3231 et seq.) is amended by add11 ing at the end the following new section: 

12 ‘‘SEC. 1104. PROHIBITED PERSONNEL PRACTICES IN THE 

13 INTELLIGENCE COMMUNITY. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) AGENCY.—The term ‘agency’ means an 

16 executive department or independent establishment, 

17 as defined under sections 101 and 104 of title 5, 

18 United States Code, that contains an intelligence 

19 community element, except the Federal Bureau of 

20 Investigation. 

21 ‘‘(2) COVERED INTELLIGENCE COMMUNITY

22 ELEMENT.—The term ‘covered intelligence commu23 nity element’— 

24 ‘‘(A) means— 
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1 ‘‘(i) the Central Intelligence Agency, 

2 the Defense Intelligence Agency, the Na3 tional Geospatial-Intelligence Agency, the 

4 National Security Agency, the Office of the 

5 Director of National Intelligence, and the 

6 National Reconnaissance Office; and 

7 ‘‘(ii) any executive agency or unit 

8 thereof determined by the President under 

9 section 2302(a)(2)(C)(ii) of title 5, United 

10 States Code, to have as its principal func11 tion the conduct of foreign intelligence or 

12 counterintelligence activities; and 

13 ‘‘(B) does not include the Federal Bureau 

14 of Investigation. 

15 ‘‘(3) PERSONNEL ACTION.—The term ‘per16 sonnel action’ means, with respect to an employee in 

17 a position in a covered intelligence community ele18 ment (other than a position excepted from the com19 petitive service due to its confidential, policy-deter20 mining, policymaking, or policy-advocating char21 acter)— 

22 ‘‘(A) an appointment; 

23 ‘‘(B) a promotion; 

24 ‘‘(C) a disciplinary or corrective action; 

25 ‘‘(D) a detail, transfer, or reassignment; 
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1 ‘‘(E) a demotion, suspension, or termi2 nation; 

3 ‘‘(F) a reinstatement or restoration; 

4 ‘‘(G) a performance evaluation; 

5 ‘‘(H) a decision concerning pay, benefits, 

6 or awards; 

7 ‘‘(I) a decision concerning education or 

8 training if such education or training may rea9 sonably be expected to lead to an appointment, 

10 promotion, or performance evaluation; or 

11 ‘‘(J) any other significant change in duties, 

12 responsibilities, or working conditions. 

13 ‘‘(b) IN GENERAL.—Any employee of an agency who 

14 has authority to take, direct others to take, recommend, 

15 or approve any personnel action, shall not, with respect 

16 to such authority, take or fail to take a personnel action 

17 with respect to any employee of a covered intelligence com18 munity element as a reprisal for a lawful disclosure of in19 formation by the employee to the Director of National In20 telligence (or an employee designated by the Director of 

21 National Intelligence for such purpose), the Inspector 

22 General of the Intelligence Community, the head of the 

23 employing agency (or an employee designated by the head 

24 of that agency for such purpose), the appropriate inspec25 tor general of the employing agency, a congressional intel-
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1 ligence committee, or a member of a congressional intel2 ligence committee, which the employee reasonably believes 

3 evidences— 

4 ‘‘(1) a violation of any Federal law, rule, or reg5 ulation; or 

6 ‘‘(2) mismanagement, a gross waste of funds, 

7 an abuse of authority, or a substantial and specific 

8 danger to public health or safety. 

9 ‘‘(c) ENFORCEMENT.—The President shall provide 

10 for the enforcement of this section. 

11 ‘‘(d) EXISTING RIGHTS PRESERVED.—Nothing in 

12 this section shall be construed to— 

13 ‘‘(1) preempt or preclude any employee, or ap14 plicant for employment, at the Federal Bureau of 

15 Investigation from exercising rights provided under 

16 any other law, rule, or regulation, including section 

17 2303 of title 5, United States Code; or 

18 ‘‘(2) repeal section 2303 of title 5, United 

19 States Code.’’. 

20 (b) TABLE OF CONTENTS AMENDMENT.—The table 

21 of contents in the first section of the National Security 

22 Act of 1947 is amended by adding at the end the following 

23 new item: 

‘‘Sec. 1104. Prohibited personnel practices in the intelligence community.’’. 
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1 SEC. 602. REVIEW OF SECURITY CLEARANCE OR ACCESS 

2 DETERMINATIONS. 

3 (a) GENERAL RESPONSIBILITY.— 

4 (1) IN GENERAL.—Section 3001(b) of the Intel5 ligence Reform and Terrorism Prevention Act of 

6 2004 (50 U.S.C. 3341(b)) is amended— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘Not’’ and inserting ‘‘Except as 

9 otherwise provided, not’’; 

10 (B) in paragraph (5), by striking ‘‘and’’ 

11 after the semicolon; 

12 (C) in paragraph (6), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

14 (D) by inserting after paragraph (6) the 

15 following: 

16 ‘‘(7) not later than 180 days after the date of 

17 the enactment of the Intelligence Authorization Act 

18 for Fiscal Year 2014— 

19 ‘‘(A) developing policies and procedures 

20 that permit, to the extent practicable, individ21 uals to appeal a determination to suspend or re22 voke a security clearance or access to classified 

23 information and to retain their government em24 ployment status while such challenge is pend25 ing; and 
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1 ‘‘(B) developing and implementing uniform 

2 and consistent policies and procedures to ensure 

3 proper protections during the process for deny4 ing, suspending, or revoking a security clear5 ance or access to classified information, includ6 ing the ability to appeal such a denial, suspen7 sion, or revocation, except that there shall be no 

8 appeal of an agency’s suspension of a security 

9 clearance or access determination for purposes 

10 of conducting an investigation, if that suspen11 sion lasts no longer than 1 year or the head of 

12 the agency or a designee of the head of the 

13 agency certifies that a longer suspension is 

14 needed before a final decision on denial or rev15 ocation to prevent imminent harm to the na16 tional security.’’. 

17 (2) REQUIRED ELEMENTS OF POLICIES AND

18 PROCEDURES.—The policies and procedures for ap19 peal developed under paragraph (7) of section 

20 3001(b) of the Intelligence Reform and Terrorism 

21 Prevention Act of 2004, as added by subsection (a), 

22 shall provide for the Inspector General of the Intel23 ligence Community, or the inspector general of the 

24 employing agency, to conduct fact-finding and report 

25 to the agency head or the designee of the agency 
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1 head within 180 days unless the employee and the 

2 agency agree to an extension or the investigating in3 spector general determines in writing that a greater 

4 period of time is required. To the fullest extent pos5 sible, such fact-finding shall include an opportunity 

6 for the employee to present relevant evidence such as 

7 witness testimony. 

8 (b) RETALIATORY REVOCATION OF SECURITY

9 CLEARANCES AND ACCESS DETERMINATIONS.—Section 

10 3001 of the Intelligence Reform and Terrorism Prevention 

11 Act of 2004 (50 U.S.C. 3341) is amended by adding at 

12 the end the following: 

13 ‘‘(j) RETALIATORY REVOCATION OF SECURITY

14 CLEARANCES AND ACCESS DETERMINATIONS.— 

15 ‘‘(1) IN GENERAL.—Agency personnel with au16 thority over personnel security clearance or access 

17 determinations shall not take or fail to take, or 

18 threaten to take or fail to take, any action with re19 spect to any employee’s security clearance or access 

20 determination in retaliation for— 

21 ‘‘(A) any lawful disclosure of information 

22 to the Director of National Intelligence (or an 

23 employee designated by the Director of Na24 tional Intelligence for such purpose) or the head 

25 of the employing agency (or employee des-
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1 ignated by the head of that agency for such 

2 purpose) by an employee that the employee rea3 sonably believes evidences— 

4 ‘‘(i) a violation of any Federal law, 

5 rule, or regulation; or 

6 ‘‘(ii) gross mismanagement, a gross 

7 waste of funds, an abuse of authority, or 

8 a substantial and specific danger to public 

9 health or safety; 

10 ‘‘(B) any lawful disclosure to the Inspector 

11 General of an agency or another employee des12 ignated by the head of the agency to receive 

13 such disclosures, of information which the em14 ployee reasonably believes evidences— 

15 ‘‘(i) a violation of any Federal law, 

16 rule, or regulation; or 

17 ‘‘(ii) gross mismanagement, a gross 

18 waste of funds, an abuse of authority, or 

19 a substantial and specific danger to public 

20 health or safety; 

21 ‘‘(C) any lawful disclosure that complies 

22 with— 

23 ‘‘(i) subsections (a)(1), (d), and (h) of 

24 section 8H of the Inspector General Act of 

25 1978 (5 U.S.C. App.); 
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1 ‘‘(ii) subparagraphs (A), (D), and (H) 

2 of section 17(d)(5) of the Central Intel3 ligence Agency Act of 1949 (50 U.S.C. 

4 3517(d)(5)); or 

5 ‘‘(iii) subparagraphs (A), (D), and (I) 

6 of section 103H(k)(5) of the National Se7 curity Act of 1947 (50 U.S.C. 3033(k)(5)); 

8 and 

9 ‘‘(D) if the actions do not result in the em10 ployee or applicant unlawfully disclosing infor11 mation specifically required by Executive order 

12 to be kept classified in the interest of national 

13 defense or the conduct of foreign affairs, any 

14 lawful disclosure in conjunction with— 

15 ‘‘(i) the exercise of any appeal, com16 plaint, or grievance right granted by any 

17 law, rule, or regulation; 

18 ‘‘(ii) testimony for or otherwise law19 fully assisting any individual in the exer20 cise of any right referred to in clause (i); 

21 or 

22 ‘‘(iii) cooperation with or disclosing 

23 information to the Inspector General of an 

24 agency, in accordance with applicable pro25 visions of law in connection with an audit, 
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1 inspection, or investigation conducted by 

2 the Inspector General. 

3 ‘‘(2) RULE OF CONSTRUCTION.—Consistent 

4 with the protection of sources and methods, nothing 

5 in paragraph (1) shall be construed to authorize the 

6 withholding of information from Congress or the 

7 taking of any personnel action against an employee 

8 who lawfully discloses information to Congress. 

9 ‘‘(3) DISCLOSURES.— 

10 ‘‘(A) IN GENERAL.—A disclosure shall not 

11 be excluded from paragraph (1) because— 

12 ‘‘(i) the disclosure was made to a per13 son, including a supervisor, who partici14 pated in an activity that the employee rea15 sonably believed to be covered by para16 graph (1)(A)(ii); 

17 ‘‘(ii) the disclosure revealed informa18 tion that had been previously disclosed; 

19 ‘‘(iii) the disclosure was not made in 

20 writing; 

21 ‘‘(iv) the disclosure was made while 

22 the employee was off duty; or 

23 ‘‘(v) of the amount of time which has 

24 passed since the occurrence of the events 

25 described in the disclosure. 
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1 ‘‘(B) REPRISALS.—If a disclosure is made 

2 during the normal course of duties of an em3 ployee, the disclosure shall not be excluded from 

4 paragraph (1) if any employee who has author5 ity to take, direct others to take, recommend, or 

6 approve any personnel action with respect to 

7 the employee making the disclosure, took, failed 

8 to take, or threatened to take or fail to take a 

9 personnel action with respect to that employee 

10 in reprisal for the disclosure. 

11 ‘‘(4) AGENCY ADJUDICATION.— 

12 ‘‘(A) REMEDIAL PROCEDURE.—An em13 ployee or former employee who believes that he 

14 or she has been subjected to a reprisal prohib15 ited by paragraph (1) may, within 90 days after 

16 the issuance of notice of such decision, appeal 

17 that decision within the agency of that em18 ployee or former employee through proceedings 

19 authorized by subsection (b)(7), except that 

20 there shall be no appeal of an agency’s suspen21 sion of a security clearance or access determina22 tion for purposes of conducting an investiga23 tion, if that suspension lasts not longer than 1 

24 year (or a longer period in accordance with a 

25 certification made under subsection (b)(7)). 
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1 ‘‘(B) CORRECTIVE ACTION.—If, in the 

2 course of proceedings authorized under sub3 paragraph (A), it is determined that the ad4 verse security clearance or access determination 

5 violated paragraph (1), the agency shall take 

6 specific corrective action to return the employee 

7 or former employee, as nearly as practicable 

8 and reasonable, to the position such employee 

9 or former employee would have held had the 

10 violation not occurred. Such corrective action 

11 may include back pay and related benefits, trav12 el expenses, and compensatory damages not to 

13 exceed $300,000. 

14 ‘‘(C) CONTRIBUTING FACTOR.—In deter15 mining whether the adverse security clearance 

16 or access determination violated paragraph (1), 

17 the agency shall find that paragraph (1) was 

18 violated if a disclosure described in paragraph 

19 (1) was a contributing factor in the adverse se20 curity clearance or access determination taken 

21 against the individual, unless the agency dem22 onstrates by a preponderance of the evidence 

23 that it would have taken the same action in the 

24 absence of such disclosure, giving the utmost 

25 deference to the agency’s assessment of the par-
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1 ticular threat to the national security interests 

2 of the United States in the instant matter. 

3 ‘‘(5) APPELLATE REVIEW OF SECURITY CLEAR4 ANCE ACCESS DETERMINATIONS BY DIRECTOR OF

5 NATIONAL INTELLIGENCE.— 

6 ‘‘(A) APPEAL.—Within 60 days after re7 ceiving notice of an adverse final agency deter8 mination under a proceeding under paragraph 

9 (4), an employee or former employee may ap10 peal that determination in accordance with the 

11 procedures established under subparagraph (B). 

12 ‘‘(B) POLICIES AND PROCEDURES.—The 

13 Director of National Intelligence, in consulta14 tion with the Attorney General and the Sec15 retary of Defense, shall develop and implement 

16 policies and procedures for adjudicating the ap17 peals authorized by subparagraph (A). 

18 ‘‘(C) CONGRESSIONAL NOTIFICATION.— 

19 Consistent with the protection of sources and 

20 methods, at the time the Director of National 

21 Intelligence issues an order regarding an appeal 

22 pursuant to the policies and procedures estab23 lished by this paragraph, the Director of Na24 tional Intelligence shall notify the congressional 

25 intelligence committees. 
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1 ‘‘(6) JUDICIAL REVIEW.—Nothing in this sec2 tion shall be construed to permit or require judicial 

3 review of any— 

4 ‘‘(A) agency action under this section; or 

5 ‘‘(B) action of the appellate review proce6 dures established under paragraph (5). 

7 ‘‘(7) PRIVATE CAUSE OF ACTION.—Nothing in 

8 this section shall be construed to permit, authorize, 

9 or require a private cause of action to challenge the 

10 merits of a security clearance determination.’’. 

11 (c) ACCESS DETERMINATION DEFINED.—Section 

12 3001(a) of the Intelligence Reform and Terrorism Preven13 tion Act of 2004 (50 U.S.C. 3341(a)) is amended by add14 ing at the end the following: 

15 ‘‘(9) ACCESS DETERMINATION.—The term ‘ac16 cess determination’ means the determination regard17 ing whether an employee— 

18 ‘‘(A) is eligible for access to classified in19 formation in accordance with Executive Order 

20 12968 (60 Fed. Reg. 40245; relating to access 

21 to classified information), or any successor 

22 thereto, and Executive Order 10865 (25 Fed. 

23 Reg. 1583; relating to safeguarding classified 

24 information with industry), or any successor 

25 thereto; and 
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1 ‘‘(B) possesses a need to know under such 

2 an Order.’’. 

3 (d) EXISTING RIGHTS PRESERVED.—Nothing in this 

4 section or the amendments made by this section shall be 

5 construed to preempt, preclude, or otherwise prevent an 

6 individual from exercising rights, remedies, or avenues of 

7 redress currently provided under any other law, regula8 tion, or rule. 

9 (e) RULE OF CONSTRUCTION.—Nothing in section 

10 3001 of the Intelligence Reform and Terrorism Prevention 

11 Act of 2004 (50 U.S.C. 3341), as amended by this title, 

12 shall be construed to require the repeal or replacement of 

13 agency appeal procedures implementing Executive Order 

14 12968 (60 Fed. Reg. 40245; relating to access to classi15 fied information), or any successor thereto, and Executive 

16 Order 10865 (25 Fed. Reg. 1583; relating to safeguarding 

17 classified information with industry), or any successor 

18 thereto, that meet the requirements of paragraph (7) of 

19 section 3001(b) of such Act, as added by this section. 

20 SEC. 603. REVISIONS OF OTHER LAWS. 

21 (a) INSPECTOR GENERAL ACT OF 1978.—Section 8H 

22 of the Inspector General Act of 1978 (5 U.S.C. App.) is 

23 amended— 

24 (1) in subsection (b)— 

25 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
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1 (B) by adding at the end the following: 

2 ‘‘(2) If the head of an establishment determines that 

3 a complaint or information transmitted under paragraph 

4 (1) would create a conflict of interest for the head of the 

5 establishment, the head of the establishment shall return 

6 the complaint or information to the Inspector General with 

7 that determination and the Inspector General shall make 

8 the transmission to the Director of National Intelligence 

9 and, if the establishment is within the Department of De10 fense, to the Secretary of Defense. In such a case, the 

11 requirements of this section for the head of the establish12 ment apply to each recipient of the Inspector General’s 

13 transmission.’’; 

14 (2) by redesignating subsection (h) as sub15 section (i); and 

16 (3) by inserting after subsection (g) the fol17 lowing: 

18 ‘‘(h) An individual who has submitted a complaint or 

19 information to an Inspector General under this section 

20 may notify any member of the Permanent Select Com21 mittee on Intelligence of the House of Representatives or 

22 the Select Committee on Intelligence of the Senate, or a 

23 staff member of either such Committee, of the fact that 

24 such individual has made a submission to that particular 
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1 Inspector General, and of the date on which such submis2 sion was made.’’. 

3 (b) CENTRAL INTELLIGENCE AGENCY.—Section 

4 17(d)(5) of the Central Intelligence Agency Act of 1949 

5 (50 U.S.C. 3517(d)(5)) is amended— 

6 (1) in subparagraph (B)— 

7 (A) by inserting ‘‘(i)’’ after ‘‘(B)’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(ii) If the Director determines that a complaint or 

10 information transmitted under paragraph (1) would create 

11 a conflict of interest for the Director, the Director shall 

12 return the complaint or information to the Inspector Gen13 eral with that determination and the Inspector General 

14 shall make the transmission to the Director of National 

15 Intelligence. In such a case, the requirements of this sub16 section for the Director of the Central Intelligence Agency 

17 apply to the Director of National Intelligence’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(H) An individual who has submitted a complaint 

20 or information to the Inspector General under this section 

21 may notify any member of the Permanent Select Com22 mittee on Intelligence of the House of Representatives or 

23 the Select Committee on Intelligence of the Senate, or a 

24 staff member of either such Committee, of the fact that 

25 such individual has made a submission to the Inspector 
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1 General, and of the date on which such submission was 

2 made.’’. 

3 (c) NATIONAL SECURITY ACT OF 1947.—Section 

4 103H(k)(5) of the National Security Act of 1947 (50 

5 U.S.C. 3033(k)(5)) is amended by adding at the end the 

6 following: 

7 ‘‘(I) An individual who has submitted a complaint or 

8 information to the Inspector General under this section 

9 may notify any member of either of the congressional in10 telligence committees, or a staff member of either of such 

11 committees, of the fact that such individual has made a 

12 submission to the Inspector General, and of the date on 

13 which such submission was made.’’. 

14 SEC. 604. POLICIES AND PROCEDURES; NONAPPLICABILITY 

15 TO CERTAIN TERMINATIONS. 

16 (a) COVERED INTELLIGENCE COMMUNITY ELEMENT

17 DEFINED.—In this section, the term ‘‘covered intelligence 

18 community element’’— 

19 (1) means— 

20 (A) the Central Intelligence Agency, the 

21 Defense Intelligence Agency, the National 

22 Geospatial-Intelligence Agency, the National Se23 curity Agency, the Office of the Director of Na24 tional Intelligence, and the National Reconnais25 sance Office; and 
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1 (B) any executive agency or unit thereof 

2 determined by the President under section 

3 2302(a)(2)(C)(ii) of title 5, United States Code, 

4 to have as its principal function the conduct of 

5 foreign intelligence or counterintelligence activi6 ties; and 

7 (2) does not include the Federal Bureau of In8 vestigation. 

9 (b) REGULATIONS.—In consultation with the Sec10 retary of Defense, the Director of National Intelligence 

11 shall develop policies and procedures to ensure that a per12 sonnel action shall not be taken against an employee of 

13 a covered intelligence community element as a reprisal for 

14 any disclosure of information described in 1104 of the Na15 tional Security Act of 1947, as added by section 601 of 

16 this Act. 

17 (c) REPORT ON THE STATUS OF IMPLEMENTATION

18 OF REGULATIONS.—Not later than 2 years after the date 

19 of the enactment of this Act, the Director of National In20 telligence shall submit a report on the status of the imple21 mentation of the regulations promulgated under sub22 section (b) to the congressional intelligence committees. 

23 (d) NONAPPLICABILITY TO CERTAIN TERMI24 NATIONS.—Section 1104 of the National Security Act of 

25 1947, as added by section 601 of this Act, and section 
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1 3001 of the Intelligence Reform and Terrorism Prevention 

2 Act of 2004 (50 U.S.C. 3341), as amended by section 602 

3 of this Act, shall not apply if— 

4 (1) the affected employee is concurrently termi5 nated under— 

6 (A) section 1609 of title 10, United States 

7 Code; 

8 (B) the authority of the Director of Na9 tional Intelligence under section 102A(m) of the 

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

11 3024(m)), if the Director determines that the 

12 termination is in the interest of the United 

13 States; 

14 (C) the authority of the Director of the 

15 Central Intelligence Agency under section 

16 104A(e) of the National Security Act of 1947 

17 (50 U.S.C. 3036(e)), if the Director determines 

18 that the termination is in the interest of the 

19 United States; or 

20 (D) section 7532 of title 5, United States 

21 Code, if the head of the agency determines that 

22 the termination is in the interest of the United 

23 States; and 

24 (2) not later than 30 days after such termi25 nation, the head of the agency that employed the af-
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1 fected employee notifies the congressional intel2 ligence committees of the termination. 

3 TITLE VII—TECHNICAL 

4 AMENDMENTS 

5 SEC. 701. TECHNICAL AMENDMENTS TO THE CENTRAL IN6 TELLIGENCE AGENCY ACT OF 1949. 

7 Section 21 of the Central Intelligence Agency Act of 

8 1949 (50 U.S.C. 3521) is amended— 

9 (1) in subsection (b)(1)(D), by striking ‘‘section 

10 (a)’’ and inserting ‘‘subsection (a)’’; and 

11 (2) in subsection (c)(2)(E), by striking ‘‘pro12 vider.’’ and inserting ‘‘provider’’. 

13 SEC. 702. TECHNICAL AMENDMENTS TO THE NATIONAL SE14 CURITY ACT OF 1947 RELATING TO THE PAST 

15 ELIMINATION OF CERTAIN POSITIONS. 

16 Section 101(a) of the National Security Act of 1947 

17 (50 U.S.C. 3021(a)) is amended— 

18 (1) in paragraph (5), by striking the semicolon 

19 and inserting ‘‘; and’’; 

20 (2) by striking paragraphs (6) and (7); 

21 (3) by redesignating paragraph (8) as para22 graph (6); and 

23 (4) in paragraph (6) (as so redesignated), by 

24 striking ‘‘the Chairman of the Munitions Board, and 
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1 the Chairman of the Research and Development 

2 Board,’’. 

3 SEC. 703. TECHNICAL AMENDMENTS TO THE INTEL4 LIGENCE AUTHORIZATION ACT FOR FISCAL 

5 YEAR 2013. 

6 (a) AMENDMENTS.—Section 506 of the Intelligence 

7 Authorization Act for Fiscal Year 2013 (Public Law 112– 

8 277; 126 Stat. 2478) is amended— 

9 (1) by striking ‘‘Section 606(5)’’ and inserting 

10 ‘‘Paragraph (5) of section 605’’; and 

11 (2) by inserting ‘‘, as redesignated by section 

12 310(a)(4)(B) of this Act,’’ before ‘‘is amended’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 subsection (a) shall take effect as if included in the enact15 ment of the Intelligence Authorization Act for Fiscal Year 

16 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 

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