II 

Calendar No. 244 

113TH CONGRESS 

1ST SESSION S. 1681 

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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 12, 2013 

Mrs. FEINSTEIN, from the Select Committee on Intelligence, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

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. 

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’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 

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 INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—General Matters 

Sec. 301. Restriction on conduct of intelligence activities. 

Sec. 302. Increase in employee compensation and benefits authorized by law. 

Sec. 303. Open FOIA protections. 

Sec. 304. Functional managers. 

Sec. 305. Auditability. 

Sec. 306. Software licensing. 

Sec. 307. Public Interest Declassification Board. 

Sec. 308. Reports of fraud, waste, and abuse. 

Subtitle B—Targeted Lethal Force Oversight 

Sec. 311. Targeted lethal force oversight reform. 

Sec. 312. Unclassified annual report on the use of targeted lethal force outside 

the United States. 

Subtitle C—Reporting 

Sec. 321. Opinions of the Office of Legal Counsel concerning intelligence activities. 

Sec. 322. Submittal to Congress by heads of elements of intelligence community 

of plans for orderly shutdown in event of absence of appropriations. 

Sec. 323. Reports on chemical weapons in Syria. 

Sec. 324. Reports to the intelligence community on penetrations of networks 

and information systems of certain contractors. 

Sec. 325. 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. 


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Sec. 402. Appointment of the Inspector General of the National Security Agency. 

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. 

TITLE V—SECURITY CLEARANCE REFORM 

Sec. 501. Appropriate committees of Congress defined. 

Sec. 502. Technology improvements to security clearance processing. 

Sec. 503. Enhanced reciprocity of security clearances. 

Sec. 504. Report on reciprocity of security clearances. 

Sec. 505. Improving the periodic reinvestigation process. 

TITLE VI—INTELLIGENCE COMMUNITY WHISTLEBLOWER 

PROTECTIONS 

Sec. 601. Protection of intelligence community whistleblowers. 

Sec. 602. Review of security clearance or access determinations. 

Sec. 603. Revisions of other laws. 

Sec. 604. Regulations; reporting requirements; nonapplicability to certain terminations. 

TITLE VII—OTHER MATTERS 

Sec. 701. Repeal of the termination of notification requirements regarding the 

authorized disclosure of national intelligence. 

Sec. 702. Gifts, devises, and bequests. 

Sec. 703. Budgetary effects. 

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 


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

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

3 TITLE I—BUDGET AND 

4 PERSONNEL AUTHORIZATIONS 

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2014 for the conduct of the intelligence and 

8 intelligence-related activities of the following elements of 

9 the United States Government: 

10 (1) The Office of the Director of National Intel11 ligence. 

12 (2) The Central Intelligence Agency. 

13 (3) The Department of Defense. 

14 (4) The Defense Intelligence Agency. 

15 (5) The National Security Agency. 

16 (6) The Department of the Army, the Depart17 ment of the Navy, and the Department of the Air 

18 Force. 

19 (7) The Coast Guard. 

20 (8) The Department of State. 

21 (9) The Department of the Treasury. 

22 (10) The Department of Energy. 

23 (11) The Department of Justice. 

24 (12) The Federal Bureau of Investigation. 

25 (13) The Drug Enforcement Administration. 


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1 (14) The National Reconnaissance Office. 

2 (15) The National Geospatial-Intelligence Agen3 cy. 

4 (16) The Department of Homeland Security. 

5 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

6 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

7 LEVELS.—The amounts authorized to be appropriated 

8 under section 101 and the authorized personnel ceilings 

9 as of September 30, 2014, for the conduct of the intel10 ligence activities of the elements listed in paragraphs (1) 

11 through (16) of section 101, are those specified in the clas12 sified Schedule of Authorizations prepared to accompany 

13 the bill S. lll of the One Hundred Thirteenth Con14 gress. 

15 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU16 THORIZATIONS.— 

17 (1) IN GENERAL.—The classified Schedule of 

18 Authorizations referred to in subsection (a) shall be 

19 made available to the Committee on Appropriations 

20 of the Senate, the Committee on Appropriations of 

21 the House of Representatives, and to the President. 

22 (2) DISTRIBUTION BY THE PRESIDENT.—Sub23 ject to paragraph (3), the President shall provide for 

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1 thorizations, or of appropriate portions of the Sched2 ule, within the executive branch. 

3 (3) LIMITS ON DISCLOSURE.—The President 

4 shall not publicly disclose the classified Schedule of 

5 Authorizations or any portion of such Schedule ex6 cept— 

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

8 Implementing Recommendations of the 9/11 

9 Commission Act of 2007 (50 U.S.C. 3306); 

10 (B) to the extent necessary to implement 

11 the budget; or 

12 (C) as otherwise required by law. 

13 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

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

15 National Intelligence may authorize the employment of ci16 vilian personnel in excess of the number of positions for 

17 fiscal year 2014 authorized by the classified Schedule of 

18 Authorizations referred to in section 102(a) if the Director 

19 of National Intelligence determines that such action is 

20 necessary to the performance of important intelligence 

21 functions, except that the number of personnel employed 

22 in excess of the number authorized under such section may 

23 not, for any element of the intelligence community, exceed 

24 3 percent of the number of civilian personnel authorized 

25 under such section for such element. 


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1 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di2 rector of National Intelligence shall establish guidelines 

3 that govern, for each element of the intelligence commu4 nity, the treatment under the personnel levels authorized 

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

6 personnel levels, of employment or assignment in— 

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

8 similar program; 

9 (2) a reserve corps or as a reemployed annu10 itant; or 

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

12 training. 

13 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

14 COMMITTEES.—The Director of National Intelligence 

15 shall notify the congressional intelligence committees in 

16 writing at least 15 days prior to the initial exercise of an 

17 authority described in subsection (a). 

18 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC19 COUNT. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated for the Intelligence Commu22 nity Management Account of the Director of National In23 telligence for fiscal year 2014 the sum of $568,736,000. 

24 Within such amount, funds identified in the classified 

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


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1 for advanced research and development shall remain avail2 able until September 30, 2015. 

3 (b) AUTHORIZED PERSONNEL LEVELS.—The ele4 ments within the Intelligence Community Management 

5 Account of the Director of National Intelligence are au6 thorized 855 positions as of September 30, 2014. Per7 sonnel serving in such elements may be permanent em8 ployees of the Office of the Director of National Intel9 ligence or personnel detailed from other elements of the 

10 United States Government. 

11 (c) CLASSIFIED AUTHORIZATIONS.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

13 addition to amounts authorized to be appropriated 

14 for the Intelligence Community Management Ac15 count by subsection (a), there are authorized to be 

16 appropriated for the Community Management Ac17 count for fiscal year 2014 such additional amounts 

18 as are specified in the classified Schedule of Author19 izations referred to in section 102(a). Such addi20 tional amounts for advanced research and develop21 ment shall remain available until September 30, 

22 2015. 

23 (2) AUTHORIZATION OF PERSONNEL.—In addi24 tion to the personnel authorized by subsection (b) 

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1 ment Account as of September 30, 2014, there are 

2 authorized such additional personnel for the Com3 munity Management Account as of that date as are 

4 specified in the classified Schedule of Authorizations 

5 referred to in section 102(a). 

6 TITLE II—CENTRAL INTEL7 LIGENCE AGENCY RETIRE8 MENT AND DISABILITY SYS9 TEM 

10 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated for the Cen12 tral Intelligence Agency Retirement and Disability Fund 

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

14 SEC. 202. CIARDS AND FERS SPECIAL RETIREMENT CREDIT 

15 FOR SERVICE ON DETAIL TO ANOTHER AGEN16 CY. 

17 (a) IN GENERAL.—Section 203(b) of the Central In18 telligence Retirement Act (50 U.S.C. 2013(b)) is amended 

19 by striking ‘‘For purposes of this Act,’’ and all that follows 

20 through the end and inserting ‘‘For purposes of this chap21 ter, qualifying service is service performed by an Agency 

22 employee in carrying out duties that are determined by 

23 the Director— 

24 ‘‘(1) to be in support of intelligence activities 

25 abroad hazardous to life or health; or 


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1 ‘‘(2) to be so specialized because of security re2 quirements as to be clearly distinguishable from nor3 mal government employment.’’. 

4 (b) APPLICATION.—The amendment made by sub5 section (a) shall be applied to retired or deceased officers 

6 of the Central Intelligence Agency who were designated 

7 at any time under section 203(b) or 302(a) of the Central 

8 Intelligence Retirement Act (50 U.S.C. 2013(b) and 

9 2152(a)) prior to the date of the enactment of this Act. 

10 TITLE III—GENERAL INTEL11 LIGENCE COMMUNITY MAT12 TERS 

13 Subtitle A—General Matters 

14 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

15 ACTIVITIES. 

16 The authorization of appropriations by this Act shall 

17 not be deemed to constitute authority for the conduct of 

18 any intelligence activity which is not otherwise authorized 

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

20 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

21 BENEFITS AUTHORIZED BY LAW. 

22 Appropriations authorized by this Act for salary, pay, 

23 retirement, and other benefits for Federal employees may 

24 be increased by such additional or supplemental amounts 


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1 as may be necessary for increases in such compensation 

2 or benefits authorized by law. 

3 SEC. 303. OPEN FOIA PROTECTIONS. 

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

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

6 ‘‘undertaken;’’ and inserting ‘‘undertaken, and this provi7 sion shall qualify as a withholding statute pursuant to sub8 section (b)(3) of section 552 of title 5, United States Code 

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

10 SEC. 304. FUNCTIONAL MANAGERS. 

11 (a) IN GENERAL.—The President shall designate of12 ficers or employees of the United States to serve as func13 tional managers for signals intelligence, human intel14 ligence, geospatial intelligence, and such other intelligence 

15 disciplines as the President determines necessary. Unless 

16 the President directs otherwise— 

17 (1) the Director of the National Security Agen18 cy shall be designated the functional manager for 

19 signals intelligence; 

20 (2) the Director of the Central Intelligence 

21 Agency shall be designated the functional manager 

22 for human intelligence; and 

23 (3) the Director of the National Geospatial-In24 telligence Agency shall be designated the functional 

25 manager for geospatial intelligence. 


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1 (b) DUTIES.—Each functional manager designated 

2 under subsection (a) shall act as the principal adviser to 

3 the Director of National Intelligence and the Secretary of 

4 Defense for their respective intelligence function. 

5 (c) ANNUAL REPORTS TO CONGRESS.—Each year, on 

6 a date not later than 2 weeks after the date on which the 

7 President submits to Congress the budget for the next fis8 cal year under section 1105 of title 31, United States 

9 Code, each functional manager shall report to the congres10 sional intelligence committees and congressional armed 

11 services committees concerning the performance of the 

12 function. In addition to such other information as the 

13 functional manager elects to include in a report, each re14 port shall— 

15 (1) identify all programs, projects, and activi16 ties that fall within the intelligence discipline for 

17 which the functional manager is responsible; 

18 (2) identify any issues related to the application 

19 of technical and interoperability standards in such 

20 programs, projects, and activities; 

21 (3) identify any concerns the functional man22 ager has regarding the allocation of resources among 

23 such programs, projects, and activities within the in24 telligence discipline for which the functional man25 ager is responsible; 


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1 (4) assess the sufficiency of resources included 

2 in the President’s budget request for the next fiscal 

3 year to meet requirements within the intelligence 

4 discipline for which the functional manager is re5 sponsible; 

6 (5) identify the operational overlap and need for 

7 de-confliction within the intelligence discipline for 

8 which the functional manager is responsible; and 

9 (6) identify any concerns the functional man10 ager has related to compliance within the intelligence 

11 discipline for which the functional manager is re12 sponsible. 

13 (d) CONGRESSIONAL ARMED SERVICES COMMITTEES

14 DEFINED.—In this section, the term ‘‘congressional 

15 armed services committees’’ means— 

16 (1) the Committee on Armed Services and the 

17 Subcommittee on Defense of the Committee on Ap18 propriations of the Senate; and 

19 (2) the Committee on Armed Services and the 

20 Subcommittee on Defense of the Committee on Ap21 propriations of the House of Representatives. 

22 SEC. 305. AUDITABILITY. 

23 (a) REQUIREMENT FOR ANNUAL AUDITS.—Each cov24 ered entity shall undergo a full financial audit each year 

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1 nancial statements. Such audits may be conducted by an 

2 internal or external independent accounting or auditing 

3 organization. 

4 (b) REQUIREMENT FOR UNQUALIFIED OPINION.— 

5 Not later than the audit required by subsection (a) of fis6 cal year 2016 financial statements, each covered entity 

7 shall obtain an audit with an unqualified opinion on its 

8 financial statements for each fiscal year. 

9 (c) COVERED ENTITY DEFINED.—In this section, the 

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

11 of National Intelligence, the Central Intelligence Agency, 

12 the Defense Intelligence Agency, the National Security 

13 Agency, the National Reconnaissance Office, and the Na14 tional Geospatial-Intelligence Agency. 

15 (d) REPORTS TO CONGRESS.—The chief financial ex16 ecutive of each covered entity shall provide to the congres17 sional intelligence committees an annual audit report from 

18 an accounting or auditing organization on each audit of 

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

20 SEC. 306. SOFTWARE LICENSING. 

21 (a) REQUIREMENT FOR INVENTORIES OF SOFTWARE

22 LICENSES.— 

23 (1) INVENTORIES BY ELEMENTS OF THE IN24 TELLIGENCE COMMUNITY.—Not later than 120 days 

25 after the date of the enactment of this Act, and once 


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1 every 2 years thereafter, the chief information offi2 cer of each element of the intelligence community, in 

3 consultation with the Chief Information Officer of 

4 the Intelligence Community, shall— 

5 (A) conduct an inventory of all existing 

6 software licenses of such element, including uti7 lized and unutilized licenses; 

8 (B) assess the actions that could be carried 

9 out by such element to achieve the greatest pos10 sible economies of scale and associated cost sav11 ings in software procurement and usage; and 

12 (C) submit to the Chief Information Offi13 cer of the Intelligence Community each inven14 tory required by subparagraph (A) and each as15 sessment required by subparagraph (B). 

16 (2) INITIAL INVENTORY.—The initial inventory 

17 conducted for each element of the intelligence com18 munity under paragraph (1)(A) shall be based on 

19 the inventory of software licenses conducted pursu20 ant to section 305 of the Intelligence Authorization 

21 Act for Fiscal Year 2013 (Public Law 112–277; 126 

22 Stat. 2472) for such element. 

23 (b) INVENTORIES BY THE CHIEF INFORMATION OF24 FICER OF THE INTELLIGENCE COMMUNITY.—Not later 

25 than 180 days after the enactment of this Act, and once 


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1 every 2 years thereafter, the Chief Information Officer of 

2 the Intelligence Community shall, based on the inventories 

3 and assessments required by subsection (a)— 

4 (1) compile an inventory of all existing software 

5 licenses of the intelligence community, including uti6 lized and unutilized licenses; and 

7 (2) assess the actions that could be carried out 

8 by the intelligence community to achieve the greatest 

9 possible economies of scale and associated cost sav10 ings in software procurement and usage. 

11 (c) REPORTS TO CONGRESS.—The Chief Information 

12 Officer of the Intelligence Community shall submit to the 

13 congressional intelligence committees a copy of each inven14 tory compiled under subsection (b)(1). 

15 SEC. 307. PUBLIC INTEREST DECLASSIFICATION BOARD. 

16 Section 710(b) of the Public Interest Declassification 

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

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

19 SEC. 308. REPORTS OF FRAUD, WASTE, AND ABUSE. 

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

21 (5 U.S.C. App.) is amended in paragraph (1)— 

22 (1) by redesignating subparagraphs (B) and 

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

24 (2) by inserting after subparagraph (A) the fol25 lowing: 


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

2 community, an employee assigned or detailed to an ele3 ment of the intelligence community, or an employee of a 

4 contractor to the intelligence community, who intends to 

5 report to Congress a complaint or information with respect 

6 to an urgent concern may report such complaint or infor7 mation to the Inspector General of the Intelligence Com8 munity.’’; and 

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

10 paragraph (1)— 

11 (A) by striking ‘‘Act or section 17’’ and in12 serting ‘‘Act, section 17’’; and 

13 (B) by striking the period at the end and 

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

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

16 Subtitle B—Targeted Lethal Force 

17 Oversight 

18 SEC. 311. TARGETED LETHAL FORCE OVERSIGHT REFORM. 

19 (a) DEFINITIONS.—In this section: 

20 (1) DIRECTOR.—The term ‘‘Director’’ means 

21 the Director of National Intelligence. 

22 (2) UNITED STATES PERSON.—The term 

23 ‘‘United States person’’ means a citizen of the 

24 United States or an alien lawfully admitted for per25 manent residence (as defined in section 101(a)(20) 


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1 of the Immigration and Nationality Act (8 U.S.C. 

2 1101(a)(20))). 

3 (b) ALTERNATIVE ANALYSIS.— 

4 (1) NOTIFICATION OF DIRECTOR.—Upon a de5 termination by the head of an element of the intel6 ligence community that a particular, known United 

7 States person is knowingly engaged in acts of inter8 national terrorism against the United States, such 

9 that the United States Government is considering 

10 the legality or the use of targeted lethal force 

11 against that United States person, the head of the 

12 element shall, as soon as practicable, notify the Di13 rector of the determination. 

14 (2) INDEPENDENT ALTERNATIVE ANALYSIS.— 

15 (A) REQUIREMENT FOR ALTERNATIVE

16 ANALYSIS.—Not later than 15 days after the 

17 date the Director receives a notification under 

18 paragraph (1), the Director shall complete an 

19 independent alternative analysis (commonly re20 ferred to as ‘‘red-team analysis’’) of the infor21 mation relied on to support the determination 

22 made under paragraph (1). 

23 (B) INDEPENDENT LEADERSHIP.—In com24 pleting the independent alternative analysis re25 quired by subparagraph (A), the Director shall 


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1 ensure that the individual appointed to lead 

2 such alternative analysis does not report to the 

3 head of the element of the intelligence commu4 nity who made the determination under para5 graph (1). 

6 (3) NOTIFICATION OF THE INSPECTOR GEN7 ERAL OF THE INTELLIGENCE COMMUNITY.—As soon 

8 as practicable, the Director shall notify the Inspector 

9 General of the Intelligence Community of the receipt 

10 of a notification under paragraph (1). 

11 (4) NOTIFICATION TO CONGRESS.—As soon as 

12 practicable, the Director shall notify the congres13 sional intelligence committees, in writing, of the re14 ceipt of a notification under paragraph (1), includ15 ing the identity of the United States person, and the 

16 results of the independent alternative analysis per17 formed under paragraph (2), including any written 

18 product containing the alternative analysis, or if no 

19 product has been created, a summary of such anal20 ysis. 

21 (5) CONSTRUCTION WITH OTHER LAW.—Noth22 ing in this section shall be construed to impede the 

23 ability of the United States Government to conduct 

24 any operation consistent with otherwise applicable 

25 law. 


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1 (c) INSPECTOR GENERAL OF THE INTELLIGENCE

2 COMMUNITY REVIEW.—On an annual basis the Inspector 

3 General of the Intelligence Community shall— 

4 (1) conduct a review of any notifications re5 ceived under subsection (b)(3) with respect to the 

6 element of the intelligence community’s compliance 

7 with all appropriate policies and procedures related 

8 to consideration of the use of targeted lethal force 

9 against a particular, known United States person; 

10 and 

11 (2) submit to the Director and the congres12 sional intelligence committees a report on the find13 ings of such review. 

14 (d) CONSTRUCTION.—Nothing in this section may be 

15 construed to authorize the use of targeted lethal force 

16 against a United States person. 

17 SEC. 312. UNCLASSIFIED ANNUAL REPORT ON THE USE OF 

18 TARGETED LETHAL FORCE OUTSIDE THE 

19 UNITED STATES. 

20 (a) REQUIREMENT FOR ANNUAL REPORT.—For each 

21 year, the President shall prepare and make public an an22 nual report that sets forth the following: 

23 (1) The total number of combatants killed or 

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1 geted lethal force outside the United States by re2 motely piloted aircraft. 

3 (2) The total number of noncombatant civilians 

4 killed or injured during the preceding year by such 

5 use of targeted lethal force outside the United 

6 States. 

7 (b) TARGETED LETHAL FORCE DEFINED.—In this 

8 section, the term ‘‘targeted lethal force’’ means the act 

9 of directing lethal force at a particular person or group 

10 with the specific intent of killing those persons. 

11 (c) EXCEPTION.—A report required by subsection (a) 

12 shall not include— 

13 (1) any use of targeted lethal force in Afghani14 stan prior to the end of combat operations by the 

15 United States; or 

16 (2) any use of targeted lethal force in a foreign 

17 country described by a future declaration of war or 

18 authorization for the use of military force. 

19 Subtitle C—Reporting 

20 SEC. 321. OPINIONS OF THE OFFICE OF LEGAL COUNSEL 

21 CONCERNING INTELLIGENCE ACTIVITIES. 

22 (a) ANNUAL SUBMISSION.— 

23 (1) REQUIREMENT TO PROVIDE LIST OF OPIN24 IONS TO CONGRESS.—Except as provided in sub25 sections (b) and (c), not later than 180 days after 


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1 the date of the enactment of this Act and annually 

2 thereafter, the Attorney General, in coordination 

3 with the Director of National Intelligence, shall pro4 vide to the congressional intelligence committees a 

5 listing of every opinion of the Office of Legal Coun6 sel of the Department of Justice that has been pro7 vided to an element of the intelligence community. 

8 (2) CONTENT.—Each listing submitted under 

9 paragraph (1) shall include— 

10 (A) as much detail as possible about the 

11 subject of each opinion; 

12 (B) the date the opinion was issued; 

13 (C) a listing of each recipient agency; 

14 (D) whether the opinion has been made 

15 available to Congress or a specific committee of 

16 Congress, including the identity of each such 

17 committee; and 

18 (E) for any opinion that has not been 

19 made available to Congress or a specific com20 mittee of Congress, the basis for such with21 holding. 

22 (b) EXCEPTION FOR COVERT ACTION.—If the Presi23 dent determines that it is essential to limit access to a 

24 covert action finding under section 503(c)(2) of the Na25 tional Security Act of 1947 (50 U.S.C. 3093(c)(2)), the 


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1 President may limit access to information concerning such 

2 finding that is subject to disclosure under subsection (a) 

3 to those members of Congress who have been granted ac4 cess to the relevant finding under such section 503(c)(2). 

5 (c) EXCEPTION FOR INFORMATION SUBJECT TO EX6 ECUTIVE PRIVILEGE.—If the President determines that a 

7 particular listing subject to disclosure under subsection (a) 

8 is subject to an executive privilege that protects against 

9 such disclosure, the Attorney General shall not be required 

10 to disclose such opinion or listing if the Attorney General 

11 notifies the congressional intelligence committees, in writ12 ing, of the legal justification for such assertion of execu13 tive privilege prior to the date by which the opinion or 

14 listing is required to be disclosed. 

15 SEC. 322. SUBMITTAL TO CONGRESS BY HEADS OF ELE16 MENTS OF INTELLIGENCE COMMUNITY OF 

17 PLANS FOR ORDERLY SHUTDOWN IN EVENT 

18 OF ABSENCE OF APPROPRIATIONS. 

19 (a) IN GENERAL.—Whenever the head of an applica20 ble agency submits a plan to the Director of the Office 

21 of Management and Budget in accordance with section 

22 124 of Office of Management and Budget Circular A–11, 

23 pertaining to agency operations in the absence of appro24 priations, or any successor circular of the Office that re25 quires the head of an applicable agency to submit to the 


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

2 the absence of appropriations, such head shall submit a 

3 copy of such plan to the following: 

4 (1) The congressional intelligence committees. 

5 (2) The Committee on Armed Services of the 

6 Senate. 

7 (3) The Subcommittee on Defense of the Com8 mittee on Appropriations of the Senate. 

9 (4) The Committee on Armed Services of the 

10 House of Representatives. 

11 (5) The Subcommittee on Defense of the Com12 mittee on Appropriations of the House of Represent13 atives. 

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

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

16 includes the following: 

17 (1) The Director of National Intelligence. 

18 (2) The Director of the Central Intelligence 

19 Agency. 

20 (3) Each head of each element of the intel21 ligence community that is within the Department of 

22 Defense. 

23 SEC. 323. REPORTS ON CHEMICAL WEAPONS IN SYRIA. 

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

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


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1 Intelligence shall submit to the appropriate congressional 

2 committees a report on the Syrian chemical weapons pro3 gram. 

4 (b) ELEMENTS.—The report required under sub5 section (a) shall include the following elements: 

6 (1) A comprehensive assessment of chemical 

7 weapon stockpiles in Syria, including names, types, 

8 and quantities of chemical weapons agents, types of 

9 munitions, and location and form of storage, produc10 tion, and research and development facilities. 

11 (2) A listing of key personnel associated with 

12 the Syrian chemical weapons program. 

13 (3) An assessment of undeclared chemical 

14 weapons stockpiles, munitions, and facilities. 

15 (4) An assessment of how these stockpiles, pre16 cursors, and delivery systems were obtained. 

17 (5) A description of key intelligence gaps re18 lated to the Syrian chemical weapons program. 

19 (6) An assessment of any denial and deception 

20 efforts on the part of the Syrian regime related to 

21 its chemical weapons program. 

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

23 Director of National Intelligence makes the certification 

24 described in subsection (d) or 18 months after the date 

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1 rector of National Intelligence shall submit to the appro2 priate congressional committees a progress report pro3 viding any material updates to the report required under 

4 subsection (a). 

5 (d) CERTIFICATION.—The certification described in 

6 this subsection is a certification by the Director of Na7 tional Intelligence to the appropriate congressional com8 mittees that the Syrian regime has completely and 

9 verifiably destroyed all components of its chemical weap10 ons program. 

11 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED.—In this section, the term ‘‘appropriate congres13 sional committees’’ means— 

14 (1) the Select Committee on Intelligence, the 

15 Committee on Armed Services, the Committee on 

16 Foreign Relations, and the Committee on Appropria17 tions of the Senate; and 

18 (2) the Permanent Select Committee on Intel19 ligence, the Committee on Armed Services, the Com20 mittee on Foreign Affairs, and the Committee on 

21 Appropriations of the House of Representatives. 


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1 SEC. 324. REPORTS TO THE INTELLIGENCE COMMUNITY ON 

2 PENETRATIONS OF NETWORKS AND INFOR3 MATION SYSTEMS OF CERTAIN CONTRAC4 TORS. 

5 (a) PROCEDURES FOR REPORTING PENETRA6 TIONS.—The Director of National Intelligence shall estab7 lish procedures that require each cleared intelligence con8 tractor to report to an element of the intelligence commu9 nity designated by the Director for purposes of such proce10 dures when a network or information system of such con11 tractor that meets the criteria established pursuant to sub12 section (b) is successfully penetrated. 

13 (b) NETWORKS AND INFORMATION SYSTEMS SUB14 JECT TO REPORTING.—The Director of National Intel15 ligence shall, in consultation with appropriate officials, es16 tablish criteria for covered networks to be subject to the 

17 procedures for reporting system penetrations under sub18 section (a). 

19 (c) PROCEDURE REQUIREMENTS.— 

20 (1) RAPID REPORTING.—The procedures estab21 lished pursuant to subsection (a) shall require each 

22 cleared intelligence contractor to rapidly report to an 

23 element of the intelligence community designated 

24 pursuant to subsection (a) of each successful pene25 tration of the network or information systems of 

26 such contractor that meet the criteria established 


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

2 include the following: 

3 (A) A description of the technique or 

4 method used in such penetration. 

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

6 discovered and isolated by the contractor, in7 volved in such penetration. 

8 (C) A summary of information created by 

9 or for such element in connection with any pro10 gram of such element that has been potentially 

11 compromised due to such penetration. 

12 (2) ACCESS TO EQUIPMENT AND INFORMATION

13 BY INTELLIGENCE COMMUNITY PERSONNEL.—The 

14 procedures established pursuant to subsection (a) 

15 shall— 

16 (A) include mechanisms for intelligence 

17 community personnel to, upon request, obtain 

18 access to equipment or information of a cleared 

19 intelligence contractor necessary to conduct fo20 rensic analysis in addition to any analysis con21 ducted by such contractor; 

22 (B) provide that a cleared intelligence con23 tractor is only required to provide access to 

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1 tion created by or for an element of the intel2 ligence community in connection with any intel3 ligence community program was successfully 

4 exfiltrated from a network or information sys5 tem of such contractor and, if so, what informa6 tion was exfiltrated; and 

7 (C) provide for the reasonable protection of 

8 trade secrets, commercial or financial informa9 tion, and information that can be used to iden10 tify a specific person. 

11 (3) LIMITATION ON DISSEMINATION OF CER12 TAIN INFORMATION.—The procedures established 

13 pursuant to subsection (a) shall prohibit the dissemi14 nation outside the intelligence community of infor15 mation obtained or derived through such procedures 

16 that is not created by or for the intelligence commu17 nity except with the approval of the contractor pro18 viding such information. 

19 (d) ISSUANCE OF PROCEDURES AND ESTABLISH20 MENT OF CRITERIA.— 

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

22 the date of the enactment of this Act— 

23 (A) the Director of National Intelligence 

24 shall establish the procedures required under 

25 subsection (a); and 


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1 (B) the senior official designated under 

2 subsection (b)(1) shall establish the criteria re3 quired under such subsection. 

4 (2) APPLICABILITY DATE.—The requirements 

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

6 Director of National Intelligence establishes the pro7 cedures required under this section. 

8 (e) COORDINATION WITH THE SECRETARY OF DE9 FENSE TO PREVENT DUPLICATE REPORTING.—Not later 

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

11 the Director of National Intelligence and the Secretary of 

12 Defense shall establish procedures to permit a contractor 

13 that is a cleared intelligence contractor and a cleared de14 fense contractor under section 941 of the National De15 fense Authorization Act for Fiscal Year 2013 (10 U.S.C. 

16 2224 note) to submit a single report that satisfies the re17 quirements of this section and such section 941 for an 

18 incident of penetration of network or 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 

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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 SEC. 325. REPEAL OR MODIFICATION OF CERTAIN REPORT12 ING REQUIREMENTS. 

13 (a) REPEAL OF CERTAIN REPORTING REQUIRE14 MENTS.— 

15 (1) ANNUAL REPORT ON THE THREAT OF AT16 TACK ON THE UNITED STATES USING WEAPONS OF

17 MASS DESTRUCTION.— 

18 (A) REPEAL.—Section 114 of the National 

19 Security Act of 1947 (50 U.S.C. 3050) is 

20 amended to read as follows: 

21 ‘‘SEC. 114. ANNUAL REPORT ON HIRING AND RETENTION 

22 OF MINORITY EMPLOYEES. 

23 ‘‘(a) REQUIREMENT FOR REPORT.—The Director of 

24 National Intelligence shall, on an annual basis, submit to 

25 Congress a report on the employment of covered persons 


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1 within each element of the intelligence community for the 

2 preceding fiscal year. 

3 ‘‘(b) CONTENT.—Each such report shall include 

4 disaggregated data by category of covered person from 

5 each element of the intelligence community on the fol6 lowing: 

7 ‘‘(1) Of all individuals employed in the element 

8 during the fiscal year involved, the aggregate per9 centage of such individuals who are covered persons. 

10 ‘‘(2) Of all individuals employed in the element 

11 during the fiscal year involved at the levels referred 

12 to in subparagraphs (A) and (B), the percentage of 

13 covered persons employed at such levels: 

14 ‘‘(A) Positions at levels 1 through 15 of 

15 the General Schedule. 

16 ‘‘(B) Positions at levels above GS–15. 

17 ‘‘(3) Of all individuals hired by the element in18 volved during the fiscal year involved, the percentage 

19 of such individuals who are covered persons. 

20 ‘‘(c) FORM OF REPORT.—Each such report shall be 

21 submitted in unclassified form, but may contain a classi22 fied annex. 

23 ‘‘(d) CONSTRUCTION.—Nothing in this section shall 

24 be construed as providing for the substitution of any simi25 lar report required under another provision of law. 


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1 ‘‘(e) COVERED PERSONS DEFINED.—In this section, 

2 the term ‘covered persons’ means— 

3 ‘‘(1) racial and ethnic minorities; 

4 ‘‘(2) women; and 

5 ‘‘(3) individuals with disabilities.’’. 

6 (B) TABLE OF CONTENTS AMENDMENT.— 

7 The table of contents in the first section of the 

8 National Security Act of 1947 (50 U.S.C. 3001 

9 et seq.) is amended by striking the item relating 

10 to section 114 and inserting the following: 

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

11 (2) REPORTS ON COMMERCE WITH, AND AS12 SISTANCE TO, CUBA FROM OTHER FOREIGN COUN13 TRIES.— 

14 (A) REPEAL.—Section 108 of the Cuban 

15 Liberty and Democratic Solidarity 

16 (LIBERTAD) Act of 1996 (22 U.S.C. 6038) is 

17 repealed. 

18 (B) TABLE OF CONTENTS AMENDMENT.— 

19 The table of contents in section 1(b) of the 

20 Cuban Liberty and Democratic Solidarity 

21 (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et 

22 seq.) is amended by striking the item relating 

23 to section 108. 

24 (3) ANNUAL REPORT ON UNCONTROLLED TREA25 TY-LIMITED EQUIPMENT.—Section 2(5)(E) of the 


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1 Senate resolution advising and consenting to ratifi2 cation of the Document Agreed Among the States 

3 Parties to the Treaty on Conventional Armed Forces 

4 in Europe (CFE) of November 19, 1990, adopted at 

5 Vienna May 31, 1996 (Treaty Doc. 105-5) (com6 monly referred to as the ′′CFE Flank Document′′), 

7 105th Congress, agreed to May 14, 1997, is re8 pealed. 

9 (b) MODIFICATION OF CERTAIN REPORTING RE10 QUIREMENTS.— 

11 (1) INTELLIGENCE ADVISORY COMMITTEES.— 

12 Section 410(b) of the Intelligence Authorization Act 

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

14 to read as follows: 

15 ‘‘(b) NOTIFICATION OF ESTABLISHMENTS OF ADVI16 SORY COMMITTEE.—The Director of National Intelligence 

17 and the Director of the Central Intelligence Agency shall 

18 each notify the congressional intelligence committees each 

19 time such Director creates an advisory committee. Each 

20 notification shall include— 

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

22 including the subject matter of such committee; 

23 ‘‘(2) a list of members of such advisory com24 mittee; and 


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1 ‘‘(3) in the case of an advisory committee cre2 ated by the Director of National intelligence, the 

3 reasons for a determination by the Director under 

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

5 Act (5 U.S.C. App.) that an advisory committee can6 not comply with the requirements of such Act.’’. 

7 (2) REPORTS ON INTELLIGENCE COMMUNITY

8 BUSINESS SYSTEM TRANSFORMATION.—Section 

9 506D(j) of the National Security Act of 1947 (50 

10 U.S.C. 3100(j)) is amended in the matter preceding 

11 paragraph (1) by striking ‘‘2015,’’ and inserting 

12 ‘‘2014,’’. 

13 (3) REPORTS ON THE ACTIVITIES OF PRIVACY

14 AND CIVIL LIBERTIES OFFICERS.—Section 

15 1062(f)(1) of the Intelligence Reform and Terrorism 

16 Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) 

17 is amended in the matter preceding subparagraph 

18 (A) by striking ‘‘quarterly,’’ and inserting ‘‘semi19 annually,’’. 

20 (4) NOTIFICATIONS OF WAIVERS OF CONDI21 TIONS FOR DISQUALIFICATION FOR SECURITY

22 CLEARANCES.—Section 3002(c)(4) of the Intel23 ligence Reform and Terrorism Prevention Act of 

24 2004 (50 U.S.C. 3343(c)(4)) is amended to read as 

25 follows: 


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1 ‘‘(4) WAIVERS OF CONDITIONS FOR DISQUALI2 FICATION FOR SECURITY CLEARANCES.— 

3 ‘‘(A) NOTIFICATION.—The head of a Fed4 eral agency shall notify the appropriate commit5 tees of Congress if such agency employs or em6 ployed a person for whom a waiver was granted 

7 in accordance with paragraph (2) within 15 

8 days of granting such waiver. Such notification 

9 shall not reveal the identity of such person, but 

10 shall include the disqualifying factor under 

11 paragraph (1) and the reasons for the waiver of 

12 the disqualifying factor. 

13 ‘‘(B) DEFINITIONS.—In this paragraph: 

14 ‘‘(i) APPROPRIATE COMMITTEES OF

15 CONGRESS.—The term ‘appropriate com16 mittees of Congress’ means, with respect 

17 to a notification submitted under subpara18 graph (A) by the head of a Federal agen19 cy— 

20 ‘‘(I) the congressional defense 

21 committees; 

22 ‘‘(II) the congressional intel23 ligence committees; 


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1 ‘‘(III) the Committee on Home2 land Security and Governmental Af3 fairs of the Senate; 

4 ‘‘(IV) the Committee on Over5 sight and Government Reform of the 

6 House of Representatives; and 

7 ‘‘(V) each Committee of the Sen8 ate or the House of Representatives 

9 with oversight authority over such 

10 Federal agency. 

11 ‘‘(ii) CONGRESSIONAL DEFENSE COM12 MITTEES.—The term ‘congressional de13 fense committees’ has the meaning given 

14 that term in section 101(a)(16) of title 10, 

15 United States Code. 

16 ‘‘(iii) CONGRESSIONAL INTELLIGENCE

17 COMMITTEES.—The term ‘congressional in18 telligence committees’ has the meaning 

19 given that term in section 3 of the Na20 tional Security Act of 1947 (50 U.S.C. 

21 3003).’’. 


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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.—The President may designate the Director of the 

25 National Security Agency as a position of importance and 


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1 responsibility under section 601 of title 10, United States 

2 Code. 

3 (c) EFFECTIVE DATE AND APPLICABILITY.— 

4 (1) IN GENERAL.—The amendments made by 

5 subsection (a) shall take effect on the date of the en6 actment of this Act and shall apply upon the earlier 

7 of— 

8 (A) the date of the nomination by the 

9 President of an individual to serve as the Direc10 tor of the National Security Agency, except that 

11 the individual serving as such Director as of the 

12 date of the enactment of this Act may continue 

13 to perform such duties after such date of nomi14 nation and until the individual appointed as 

15 such Director, by and with the advice and con16 sent of the Senate, assumes the duties of such 

17 Director; or 

18 (B) the date of the cessation of the per19 formance of the duties of such Director by the 

20 individual performing such duties as of the date 

21 of the enactment of this Act. 

22 (2) POSITIONS OF IMPORTANCE AND RESPONSI23 BILITY.—Subsection (b) shall take effect on the date 

24 of the enactment of this Act. 


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1 SEC. 402. APPOINTMENT OF THE INSPECTOR GENERAL OF 

2 THE NATIONAL SECURITY AGENCY. 

3 (a) IN GENERAL.—The Inspector General Act of 

4 1978 (5 U.S.C. App.) is amended— 

5 (1) in section 8G(a)(2), by striking ‘‘the Na6 tional Security Agency,’’; and 

7 (2) in section 12— 

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

9 Federal Cochairpersons of the Commissions es10 tablished under section 15301 of title 40, 

11 United States Code;’’ and inserting ‘‘the Fed12 eral Cochairpersons of the Commissions estab13 lished under section 15301 of title 40, United 

14 States Code; the Director of the National Secu15 rity Agency;’’; and 

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

17 Commissions established under section 15301 

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

19 ‘‘the Commissions established under section 

20 15301 of title 40, United States Code, the Na21 tional Security Agency,’’. 

22 (b) EFFECTIVE DATE; INCUMBENT.— 

23 (1) EFFECTIVE DATE.—The amendments made 

24 by subsection (a) shall take effect on the date on 

25 which the first Director of the National Security 


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1 Agency takes office on or after the date of the enact2 ment of this Act. 

3 (2) INCUMBENT.—The individual serving as In4 spector General of the National Security Agency on 

5 the date of the enactment of this Act shall be eligible 

6 to be appointed by the President to a new term of 

7 service under section 3 of the Inspector General Act 

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

9 consent of the Senate. 

10 Subtitle B—National 

11 Reconnaissance Office 

12 SEC. 411. APPOINTMENT OF THE DIRECTOR OF THE NA13 TIONAL RECONNAISSANCE OFFICE. 

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

15 1947 (50 U.S.C. 3001 et seq.) is amended by adding after 

16 section 106 the following: 

17 ‘‘SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAIS18 SANCE OFFICE. 

19 ‘‘(a) IN GENERAL.—There is a Director of the Na20 tional Reconnaissance Office. 

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

22 Reconnaissance Office shall be appointed by the President, 

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

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

25 National Reconnaissance Office shall be the head of the 


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1 National Reconnaissance Office and shall discharge such 

2 functions and duties as are provided by this Act or other3 wise by law or executive order. 

4 ‘‘(d) POSITION OF IMPORTANCE AND RESPONSI5 BILITY.—The President may designate the Director of the 

6 National Reconnaissance Office as a position of impor7 tance and responsibility under section 601 of title 10, 

8 United States Code.’’. 

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

10 of contents in the first section of the National Security 

11 Act of 1947 (50 U.S.C. 3001 et seq.) is amended by in12 serting after the item relating to section 106 the following: 

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

13 (c) EFFECTIVE DATE AND APPLICABILITY.— 

14 (1) IN GENERAL.—Subsection (a) shall take ef15 fect on the date of enactment of this Act and shall 

16 apply upon the earlier of— 

17 (A) the date of the nomination by the 

18 President of an individual to serve as the Direc19 tor of the National Reconnaissance Office, ex20 cept that the individual serving as such Direc21 tor as of the date of the enactment of this Act 

22 may continue to perform such duties after such 

23 date of nomination and until the individual ap24 pointed as such Director, by and with the adVerDate Mar 15 2010 23:07 Nov 12, 2013 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1681.PCS S1681

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1 vice and consent of the Senate, assumes the du2 ties of such Director; or 

3 (B) the date of the cessation of the per4 formance of the duties of such Director by the 

5 individual performing such duties as of the date 

6 of enactment of this Act. 

7 (2) POSITIONS OF IMPORTANCE AND RESPONSI8 BILITY.—Subsection (d) of section 106A of the Na9 tional Security Act of 1947, as added by subsection 

10 (a), shall take effect on the date of the enactment 

11 of this Act. 

12 SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF 

13 THE NATIONAL RECONNAISSANCE OFFICE. 

14 (a) IN GENERAL.—The Inspector General Act of 

15 1978 (5 U.S.C. App.)— 

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

17 402, is further amended by striking ‘‘the National 

18 Reconnaissance Office,’’; and 

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

20 is further amended— 

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

22 Director of the National Reconnaissance Of23 fice;’’ before ‘‘as the case may be;’’; and 


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

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

3 case may be;’’. 

4 (b) EFFECTIVE DATE; INCUMBENT.— 

5 (1) EFFECTIVE DATE.—The amendments made 

6 by subsection (a) shall take effect on the date on 

7 which the first Director of the National Reconnais8 sance Office takes office on or after the date of en9 actment of this Act. 

10 (2) INCUMBENT.—The individual serving as In11 spector General of the National Reconnaissance Of12 fice on the date of enactment of this Act shall be eli13 gible to be appointed by the President to a new term 

14 of service under section 3 of the Inspector General 

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

16 and consent of the Senate. 

17 TITLE V—SECURITY CLEARANCE 

18 REFORM 

19 SEC. 501. APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED. 

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

22 Congress’’ means— 

23 (1) the congressional intelligence committees; 


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1 (2) the Committee on Armed Services and the 

2 Committee on Homeland Security and Governmental 

3 Affairs of the Senate; and 

4 (3) the Committee on Armed Services and the 

5 Committee on Homeland Security of the House of 

6 Representatives. 

7 SEC. 502. 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) 

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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 apVerDate Mar 15 2010 23:07 Nov 12, 2013 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1681.PCS S1681

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1 propriate committees of Congress a report on the analysis 

2 required by subsection (a). 

3 SEC. 503. ENHANCED RECIPROCITY OF SECURITY CLEAR4 ANCES. 

5 Section 3001(d) of the Intelligence Reform and Ter6 rorism Prevention Act of 2004 (50 U.S.C. 3341(d)) is 

7 amended by adding at the end the following: 

8 ‘‘(7)(A) No agency may reject another agency’s deter9 mination that an individual is eligible for access to classi10 fied information on the basis that such eligibility deter11 mination is out-of-scope, unless the head of the entity se12 lected pursuant to subsection (b) certifies to the appro13 priate committees of Congress that the rejecting agency 

14 does not employ any personnel who have background in15 vestigations that are out-of-scope. 

16 ‘‘(B) In this paragraph, the term ‘out-of-scope’ 

17 means a background investigation or reinvestigation that 

18 is more than— 

19 ‘‘(i) 7 years old in the case of a top secret clear20 ance; 

21 ‘‘(ii) 10 years old in the case of a secret clear22 ance; or 

23 ‘‘(iii) 15 years old in the case of a confidential 

24 clearance. 


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1 ‘‘(8) All personnel who have been determined to be 

2 eligible for access to classified information shall be pre3 sumed to be suitable for employment, unless and until the 

4 head of an agency determines on a case-by-case basis that 

5 an individual is not suitable for employment, in which case 

6 the individual shall be notified of such suitability deter7 mination in writing within 15 days.’’. 

8 SEC. 504. REPORT ON RECIPROCITY OF SECURITY CLEAR9 ANCES. 

10 The head of the entity selected pursuant to section 

11 3001(b) of the Intelligence Reform and Terrorism Preven12 tion Act of 2004 (50 U.S.C. 3341(b)) shall submit to the 

13 appropriate committees of Congress a report each year 

14 through 2017 that describes for the preceding year— 

15 (1) the periods of time required by authorized 

16 adjudicative agencies for accepting background in17 vestigations and determinations completed by an au18 thorized investigative entity or authorized adjudica19 tive agency; 

20 (2) the total number of cases in which a back21 ground investigation or determination completed by 

22 an authorized investigative entity or authorized ad23 judicative agency is accepted by another agency; 

24 (3) the total number of cases in which a back25 ground investigation or determination completed by 


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1 an authorized investigative entity or authorized ad2 judicative agency is not accepted by another agency; 

3 and 

4 (4) such other information or recommendations 

5 as the head of the entity selected pursuant to such 

6 section 3001(b) considers appropriate. 

7 SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION 

8 PROCESS. 

9 (a) IN GENERAL.—Not later than 6 months after the 

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

11 until 2017, the Director of National Intelligence, in con12 sultation with the Secretary of Defense and the Director 

13 of the Office of Personnel Management, shall transmit to 

14 the appropriate committees of Congress a strategic plan 

15 for improving the process for periodic reinvestigations. 

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

17 shall include— 

18 (1) an analysis of the costs and benefits associ19 ated with conducting more frequent or less frequent 

20 periodic reinvestigations; and 

21 (2) an analysis of the potential benefits of ex22 panding the Government’s use of continuous evalua23 tion tools as a means of improving the effectiveness 

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1 bility of personnel for continued access to classified 

2 information. 

3 (c) PERIODIC REINVESTIGATIONS DEFINED.—In this 

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

5 meaning given that term in section 3001(a) of the Intel6 ligence Reform and Terrorism Prevention Act of 2004 (50 

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

8 TITLE VI—INTELLIGENCE COM9 MUNITY WHISTLEBLOWER 

10 PROTECTIONS 

11 SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY 

12 WHISTLEBLOWERS. 

13 (a) IN GENERAL.—Chapter 23 of title 5, United 

14 States Code, is amended by inserting after section 2303 

15 the following: 

16 ‘‘§ 2303A. Prohibited personnel practices in the intel17 ligence community 

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

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

20 executive department or independent establishment, 

21 as defined under sections 101 and 104, that con22 tains an intelligence community element, except the 

23 Federal Bureau of Investigation. 


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1 ‘‘(2) CONGRESSIONAL INTELLIGENCE COMMIT2 TEES.—The term ‘congressional intelligence commit3 tees’ means— 

4 ‘‘(A) the Select Committee on Intelligence 

5 of the Senate; and 

6 ‘‘(B) the Permanent Select Committee on 

7 Intelligence of the House of Representatives. 

8 ‘‘(3) INTELLIGENCE COMMUNITY ELEMENT.— 

9 The term ‘intelligence community element’— 

10 ‘‘(A) means— 

11 ‘‘(i) the Central Intelligence Agency, 

12 the Defense Intelligence Agency, the Na13 tional Geospatial-Intelligence Agency, the 

14 National Security Agency, the Office of the 

15 Director of National Intelligence, and the 

16 National Reconnaissance Office; and 

17 ‘‘(ii) any executive agency or unit 

18 thereof determined by the President under 

19 section 2302(a)(2)(C)(ii) to have as its 

20 principal function the conduct of foreign 

21 intelligence or counterintelligence activities; 

22 and 

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

24 of Investigation; and 


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1 ‘‘(4) PERSONNEL ACTION.—The term ‘per2 sonnel action’ means any action described in clauses 

3 (i) through (x) of section 2302(a)(2)(A) with respect 

4 to an employee in a position in an intelligence com5 munity element (other than a position of a confiden6 tial, policy-determining, policymaking, or policy-ad7 vocating character). 

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

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

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

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

12 with respect to any employee of an intelligence community 

13 element as a reprisal for a disclosure of information by 

14 the employee to the Director of National Intelligence (or 

15 an employee designated by the Director of National Intel16 ligence for such purpose), the Inspector General of the In17 telligence Community, the head of the employing agency 

18 (or an employee designated by the head of that agency 

19 for such purpose), the appropriate inspector general of the 

20 employing agency, a congressional intelligence committee, 

21 or a member of a congressional intelligence committee, 

22 which the employee reasonably believes evidences— 

23 ‘‘(1) a violation of any law, rule, or regulation; 

24 or 


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

2 an abuse of authority, or a substantial and specific 

3 danger to public health or safety. 

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

5 for the enforcement of this section in a manner consistent 

6 with applicable provisions of sections 1214 and 1221. 

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

8 this section shall be construed to— 

9 ‘‘(1) preempt or preclude any employee, or ap10 plicant for employment, at the Federal Bureau of 

11 Investigation from exercising rights currently pro12 vided under any other law, rule, or regulation, in13 cluding section 2303; 

14 ‘‘(2) repeal section 2303; or 

15 ‘‘(3) provide the President or Director of Na16 tional Intelligence the authority to revise regulations 

17 related to section 2303, codified in part 27 of the 

18 Code of Federal Regulations.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of sections for chapter 23 of title 5, United 

21 States Code, is amended by inserting after the item relat22 ing to section 2303 the following: 

‘‘2303A. Prohibited personnel practices in the intelligence community.’’. 


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1 SEC. 602. REVIEW OF SECURITY CLEARANCE OR ACCESS 

2 DETERMINATIONS. 

3 (a) IN GENERAL.—Section 3001(b) of the Intel4 ligence Reform and Terrorism Prevention Act of 2004 (50 

5 U.S.C. 3341(b)) is amended— 

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

7 striking ‘‘Not’’ and inserting ‘‘Except as otherwise 

8 provided, not’’; 

9 (2) in paragraph (5), by striking ‘‘and’’ after 

10 the semicolon; 

11 (3) in paragraph (6), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (4) by inserting after paragraph (6) the fol14 lowing: 

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

16 the enactment of the Intelligence Authorization Act 

17 for Fiscal Year 2014— 

18 ‘‘(A) developing policies and procedures 

19 that permit, to the extent practicable, individ20 uals who in good faith appeal a determination 

21 to suspend or revoke a security clearance or ac22 cess to classified information to retain their 

23 government employment status while such chal24 lenge is pending; and 

25 ‘‘(B) developing and implementing uniform 

26 and consistent policies and procedures to ensure 


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1 proper protections during the process for deny2 ing, suspending, or revoking a security clear3 ance or access to classified information, includ4 ing the provision of a right to appeal such a de5 nial, suspension, or revocation, except that 

6 there shall be no appeal of an agency’s suspen7 sion of a security clearance or access determina8 tion for purposes of conducting an investiga9 tion, if that suspension lasts no longer than 1 

10 year or the head of the agency certifies that a 

11 longer suspension is needed before a final deci12 sion on denial or revocation to prevent immi13 nent harm to the national security. 

14 ‘‘Any limitation period applicable to an agency appeal 

15 under paragraph (7) shall be tolled until the head of the 

16 agency (or in the case of any component of the Depart17 ment of Defense, the Secretary of Defense) determines, 

18 with the concurrence of the Director of National Intel19 ligence, that the policies and procedures described in para20 graph (7) have been established for the agency or the Di21 rector of National Intelligence promulgates the policies 

22 and procedures under paragraph (7). The policies and pro23 cedures for appeals developed under paragraph (7) shall 

24 be comparable to the policies and procedures pertaining 


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1 to prohibited personnel practices defined under section 

2 2302(b)(8) of title 5, United States Code, and provide— 

3 ‘‘(A) for an independent and impartial fact4 finder; 

5 ‘‘(B) for notice and the opportunity to be 

6 heard, including the opportunity to present relevant 

7 evidence, including witness testimony; 

8 ‘‘(C) that the employee or former employee may 

9 be represented by counsel; 

10 ‘‘(D) that the employee or former employee has 

11 a right to a decision based on the record developed 

12 during the appeal; 

13 ‘‘(E) that not more than 180 days shall pass 

14 from the filing of the appeal to the report of the im15 partial fact-finder to the agency head or the des16 ignee of the agency head, unless— 

17 ‘‘(i) the employee and the agency con18 cerned agree to an extension; or 

19 ‘‘(ii) the impartial fact-finder determines in 

20 writing that a greater period of time is required 

21 in the interest of fairness or national security; 

22 ‘‘(F) for the use of information specifically re23 quired by Executive order to be kept classified in the 

24 interest of national defense or the conduct of foreign 

25 affairs in a manner consistent with the interests of 


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1 national security, including ex parte submissions if 

2 the agency determines that the interests of national 

3 security so warrant; and 

4 ‘‘(G) that the employee or former employee 

5 shall have no right to compel the production of in6 formation specifically required by Executive order to 

7 be kept classified in the interest of national defense 

8 or the conduct of foreign affairs, except evidence 

9 necessary to establish that the employee made the 

10 disclosure or communication such employee alleges 

11 was protected by subparagraphs (A), (B), and (C) of 

12 subsection (j)(1).’’. 

13 (b) RETALIATORY REVOCATION OF SECURITY

14 CLEARANCES AND ACCESS DETERMINATIONS.—Section 

15 3001 of the Intelligence Reform and Terrorism Prevention 

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

17 the end the following: 

18 ‘‘(j) RETALIATORY REVOCATION OF SECURITY

19 CLEARANCES AND ACCESS DETERMINATIONS.— 

20 ‘‘(1) IN GENERAL.—Agency personnel with au21 thority over personnel security clearance or access 

22 determinations shall not take or fail to take, or 

23 threaten to take or fail to take, any action with re24 spect to any employee’s security clearance or access 

25 determination because of— 


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1 ‘‘(A) any disclosure of information to the 

2 Director of National Intelligence (or an em3 ployee designated by the Director of National 

4 Intelligence for such purpose) or the head of 

5 the employing agency (or employee designated 

6 by the head of that agency for such purpose) by 

7 an employee that the employee reasonably be8 lieves evidences— 

9 ‘‘(i) a violation of any law, rule, or 

10 regulation; or 

11 ‘‘(ii) gross mismanagement, a gross 

12 waste of funds, an abuse of authority, or 

13 a substantial and specific danger to public 

14 health or safety; 

15 ‘‘(B) any disclosure to the Inspector Gen16 eral of an agency or another employee des17 ignated by the head of the agency to receive 

18 such disclosures, of information which the em19 ployee reasonably believes evidences— 

20 ‘‘(i) a violation of any law, rule, or 

21 regulation; or 

22 ‘‘(ii) gross mismanagement, a gross 

23 waste of funds, an abuse of authority, or 

24 a substantial and specific danger to public 

25 health or safety; 


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1 ‘‘(C) any communication that complies 

2 with— 

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

4 section 8H of the Inspector General Act of 

5 1978 (5 U.S.C. App.); 

6 ‘‘(ii) subparagraphs (A), (D), and (H) 

7 of section 17(d)(5) of the Central Intel8 ligence Agency Act of 1949 (50 U.S.C. 

9 3517(d)(5)); or 

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

11 of section 103H(k)(5) of the National Se12 curity Act of 1947 (50 U.S.C. 3033(k)(5)); 

13 and 

14 ‘‘(D) if the actions do not result in the em15 ployee or applicant unlawfully disclosing infor16 mation specifically required by Executive order 

17 to be kept classified in the interest of national 

18 defense or the conduct of foreign affairs— 

19 ‘‘(i) the exercise of any appeal, com20 plaint, or grievance right granted by any 

21 law, rule, or regulation; 

22 ‘‘(ii) testifying for or otherwise law23 fully assisting any individual in the exer24 cise of any right referred to in clause (i); 

25 or 


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1 ‘‘(iii) cooperating with or disclosing 

2 information to the Inspector General of an 

3 agency, in accordance with applicable pro4 visions of law in connection with an audit, 

5 inspection, or investigation conducted by 

6 the Inspector General. 

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

8 with the protection of sources and methods, nothing 

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

10 withholding of information from Congress or the 

11 taking of any personnel action against an employee 

12 who discloses information to Congress. 

13 ‘‘(3) DISCLOSURES.— 

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

15 be excluded from paragraph (1) because— 

16 ‘‘(i) the disclosure was made to a per17 son, including a supervisor, who partici18 pated in an activity that the employee rea19 sonably believed to be covered by para20 graph (1)(A)(ii); 

21 ‘‘(ii) the disclosure revealed informa22 tion that had been previously disclosed; 

23 ‘‘(iii) of the employee’s motive for 

24 making the disclosure; 


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1 ‘‘(iv) the disclosure was not made in 

2 writing; 

3 ‘‘(v) the disclosure was made while 

4 the employee was off duty; or 

5 ‘‘(vi) of the amount of time which has 

6 passed since the occurrence of the events 

7 described in the disclosure. 

8 ‘‘(B) REPRISALS.—If a disclosure is made 

9 during the normal course of duties of an em10 ployee, the disclosure shall not be excluded from 

11 paragraph (1) if any employee who has author12 ity to take, direct others to take, recommend, or 

13 approve any personnel action with respect to 

14 the employee making the disclosure, took, failed 

15 to take, or threatened to take or fail to take a 

16 personnel action with respect to that employee 

17 in reprisal for the disclosure. 

18 ‘‘(4) AGENCY ADJUDICATION.— 

19 ‘‘(A) REMEDIAL PROCEDURE.—An em20 ployee or former employee who believes that he 

21 or she has been subjected to a reprisal prohib22 ited by paragraph (1) may, within 90 days after 

23 the issuance of notice of such decision, appeal 

24 that decision within the agency of that em25 ployee or former employee through proceedings 


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

2 there shall be no appeal of an agency’s suspen3 sion of a security clearance or access determina4 tion for purposes of conducting an investiga5 tion, if that suspension lasts not longer than 1 

6 year (or a longer period in accordance with a 

7 certification made under subsection (b)(7)). 

8 ‘‘(B) CORRECTIVE ACTION.—If, in the 

9 course of proceedings authorized under sub10 paragraph (A), it is determined that the ad11 verse security clearance or access determination 

12 violated paragraph (1), the agency shall take 

13 specific corrective action to return the employee 

14 or former employee, as nearly as practicable 

15 and reasonable, to the position such employee 

16 or former employee would have held had the 

17 violation not occurred. Such corrective action 

18 shall include reasonable attorney’s fees and any 

19 other reasonable costs incurred, and may in20 clude back pay and related benefits, travel ex21 penses, and compensatory damages not to ex22 ceed $300,000. 

23 ‘‘(C) CONTRIBUTING FACTOR.—In deter24 mining whether the adverse security clearance 

25 or access determination violated paragraph (1), 


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1 the agency shall find that paragraph (1) was 

2 violated if a disclosure described in paragraph 

3 (1) was a contributing factor in the adverse se4 curity clearance or access determination taken 

5 against the individual, unless the agency dem6 onstrates by a preponderance of the evidence 

7 that it would have taken the same action in the 

8 absence of such disclosure, giving the utmost 

9 deference to the agency’s assessment of the par10 ticular threat to the national security interests 

11 of the United States in the instant matter. 

12 ‘‘(5) APPELLATE REVIEW OF SECURITY CLEAR13 ANCE ACCESS DETERMINATIONS BY DIRECTOR OF

14 NATIONAL INTELLIGENCE.— 

15 ‘‘(A) DEFINITION.—In this paragraph, the 

16 term ‘Board’ means the appellate review board 

17 established under section 604(b) of the Intel18 ligence Authorization Act for Fiscal Year 2014. 

19 ‘‘(B) APPEAL.—Within 60 days after re20 ceiving notice of an adverse final agency deter21 mination under a proceeding under paragraph 

22 (4), an employee or former employee may ap23 peal that determination to the Board. 

24 ‘‘(C) POLICIES AND PROCEDURES.—The 

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1 eral, Director of National Intelligence, and the 

2 Secretary of Defense, shall develop and imple3 ment policies and procedures for adjudicating 

4 the appeals authorized by subparagraph (B). 

5 The Director of National Intelligence and Sec6 retary of Defense shall jointly approve any 

7 rules, regulations, or guidance issued by the 

8 Board concerning the procedures for the use or 

9 handling of classified information. 

10 ‘‘(D) REVIEW.—The Board’s review shall 

11 be on the complete agency record, which shall 

12 be made available to the Board. The Board may 

13 not hear witnesses or admit additional evidence. 

14 Any portions of the record that were submitted 

15 ex parte during the agency proceedings shall be 

16 submitted ex parte to the Board. 

17 ‘‘(E) FURTHER FACT-FINDING OR IM18 PROPER DENIAL.—If the Board concludes that 

19 further fact-finding is necessary or finds that 

20 the agency improperly denied the employee or 

21 former employee the opportunity to present evi22 dence that, if admitted, would have a substan23 tial likelihood of altering the outcome, the 

24 Board shall remand the matter to the agency 

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1 ceedings in accordance with the rules of proce2 dure issued by the Board. 

3 ‘‘(F) DE NOVO DETERMINATION.—The 

4 Board shall make a de novo determination, 

5 based on the entire record and under the stand6 ards specified in paragraph (4), of whether the 

7 employee or former employee received an ad8 verse security clearance or access determination 

9 in violation of paragraph (1). In considering the 

10 record, the Board may weigh the evidence, 

11 judge the credibility of witnesses, and determine 

12 controverted questions of fact. In doing so, the 

13 Board may consider the prior fact-finder’s op14 portunity to see and hear the witnesses. 

15 ‘‘(G) ADVERSE SECURITY CLEARANCE OR

16 ACCESS DETERMINATION.—If the Board finds 

17 that the adverse security clearance or access de18 termination violated paragraph (1), the Board 

19 shall separately determine whether reinstating 

20 the security clearance or access determination is 

21 clearly consistent with the interests of national 

22 security, with any doubt resolved in favor of na23 tional security, under Executive Order 12968 

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1 cluding any adjudicative guidelines promulgated 

2 under such orders) or any subsequent Executive 

3 order, regulation, or policy concerning access to 

4 classified information. 

5 ‘‘(H) REMEDIES.— 

6 ‘‘(i) CORRECTIVE ACTION.—If the 

7 Board finds that the adverse security 

8 clearance or access determination violated 

9 paragraph (1), the Board shall order the 

10 agency head to take specific corrective ac11 tion to return the employee or former em12 ployee, as nearly as practicable and reason13 able, to the position such employee or 

14 former employee would have held had the 

15 violation not occurred. Such corrective ac16 tion shall include reasonable attorney’s fees 

17 and any other reasonable costs incurred, 

18 and may include back pay and related ben19 efits, travel expenses, and compensatory 

20 damages not to exceed $300,000. The 

21 Board may recommend, but may not order, 

22 reinstatement or hiring of a former em23 ployee. The Board may order that the 

24 former employee be treated as though the 

25 employee were transferring from the most 


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1 recent position held when seeking other po2 sitions within the executive branch. Any 

3 corrective action shall not include the rein4 stating of any security clearance or access 

5 determination. The agency head shall take 

6 the actions so ordered within 90 days, un7 less the Director of National Intelligence, 

8 the Secretary of Energy, or the Secretary 

9 of Defense, in the case of any component 

10 of the Department of Defense, determines 

11 that doing so would endanger national se12 curity. 

13 ‘‘(ii) RECOMMENDED ACTION.—If the 

14 Board finds that reinstating the employee 

15 or former employee’s security clearance or 

16 access determination is clearly consistent 

17 with the interests of national security, the 

18 Board shall recommend such action to the 

19 head of the entity selected under sub20 section (b) and the head of the affected 

21 agency. 

22 ‘‘(I) CONGRESSIONAL NOTIFICATION.— 

23 ‘‘(i) ORDERS.—Consistent with the 

24 protection of sources and methods, at the 


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1 time the Board issues an order, the Chair2 person of the Board shall notify— 

3 ‘‘(I) the Committee on Homeland 

4 Security and Government Affairs of 

5 the Senate; 

6 ‘‘(II) the Select Committee on In7 telligence of the Senate; 

8 ‘‘(III) the Committee on Over9 sight and Government Reform of the 

10 House of Representatives; 

11 ‘‘(IV) the Permanent Select Com12 mittee on Intelligence of the House of 

13 Representatives; and 

14 ‘‘(V) the committees of the Sen15 ate and the House of Representatives 

16 that have jurisdiction over the employ17 ing agency, including in the case of a 

18 final order or decision of the Defense 

19 Intelligence Agency, the National 

20 Geospatial-Intelligence Agency, the 

21 National Security Agency, or the Na22 tional Reconnaissance Office, the 

23 Committee on Armed Services of the 

24 Senate and the Committee on Armed 


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1 Services of the House of Representa2 tives. 

3 ‘‘(ii) RECOMMENDATIONS.—If the 

4 agency head and the head of the entity se5 lected under subsection (b) do not follow 

6 the Board’s recommendation to reinstate a 

7 clearance, the head of the entity selected 

8 under subsection (b) shall notify the com9 mittees described in subclauses (I) through 

10 (V) of clause (i). 

11 ‘‘(6) JUDICIAL REVIEW.—Nothing in this sec12 tion shall be construed to permit or require judicial 

13 review of any— 

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

15 ‘‘(B) action of the appellate review board 

16 established under section 604(b) of the Intel17 ligence Authorization Act for Fiscal Year 2014. 

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

19 this section shall be construed to permit, authorize, 

20 or require a private cause of action to challenge the 

21 merits of a security clearance determination.’’. 

22 (c) ACCESS DETERMINATION DEFINED.—Section 

23 3001(a) of the Intelligence Reform and Terrorism Preven24 tion Act of 2004 (50 U.S.C. 3341(a)) is amended by add25 ing at the end the following: 


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1 ‘‘(9) The term ‘access determination’ means the 

2 determination regarding whether an employee— 

3 ‘‘(A) is eligible for access to classified in4 formation in accordance with Executive Order 

5 12968 (60 Fed. Reg. 40245; relating to access 

6 to classified information), or any successor 

7 thereto, and Executive Order 10865 (25 Fed. 

8 Reg. 1583; relating to safeguarding classified 

9 information with industry), or any successor 

10 thereto; and 

11 ‘‘(B) possesses a need to know under such 

12 an Order.’’. 

13 (d) RULE OF CONSTRUCTION.—Nothing in section 

14 3001 of the Intelligence Reform and Terrorism Prevention 

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

16 shall be construed to require the repeal or replacement of 

17 agency appeal procedures implementing Executive Order 

18 12968 (60 Fed. Reg. 40245; relating to access to classi19 fied information), or any successor thereto, and Executive 

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

21 classified information with industry), or any successor 

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

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


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1 SEC. 603. REVISIONS OF OTHER LAWS. 

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

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

4 amended— 

5 (1) in subsection (b)— 

6 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

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

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

9 a complaint or information transmitted under paragraph 

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

11 establishment, the head of the establishment shall return 

12 the complaint or information to the Inspector General with 

13 that determination and the Inspector General shall make 

14 the transmission to the Director of National Intelligence 

15 and, if the establishment is within the Department of De16 fense, to the Secretary of Defense. In such a case, the 

17 requirements of this section for the head of the establish18 ment apply to each recipient of the Inspector General’s 

19 transmission. Each recipient of the Inspector General’s 

20 transmission shall consult with the members of the appel21 late review board established under section 604(b) of the 

22 Intelligence Authorization Act for Fiscal Year 2014 re23 garding all transmissions under this paragraph.’’; 

24 (2) by designating subsection (h) as subsection 

25 (i); and 


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1 (3) by inserting after subsection (g), the fol2 lowing: 

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

4 information to an Inspector General under this section 

5 may notify any member of Congress or congressional staff 

6 member of the fact that such individual has made a sub7 mission to that particular Inspector General, and of the 

8 date on which such submission was made.’’. 

9 (b) CENTRAL INTELLIGENCE AGENCY.—Section 

10 17(d)(5) of the Central Intelligence Agency Act of 1949 

11 (50 U.S.C. 3517(d)(5)) is amended— 

12 (1) in subparagraph (B)— 

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

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

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

16 information transmitted under paragraph (1) would create 

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

18 return the complaint or information to the Inspector Gen19 eral with that determination and the Inspector General 

20 shall make the transmission to the Director of National 

21 Intelligence. In such a case, the requirements of this sub22 section for the Director apply to the Director of National 

23 Intelligence. The Director of National Intelligence shall 

24 consult with the members of the appellate review board 

25 established under section 604(b) of the Intelligence AuVerDate Mar 15 2010 23:07 Nov 12, 2013 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1681.PCS S1681

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1 thorization Act for Fiscal Year 2014 regarding all trans2 missions under this clause.’’; and 

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

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

5 or information to the Inspector General under this section 

6 may notify any member of Congress or congressional staff 

7 member of the fact that such individual has made a sub8 mission to the Inspector General, and of the date on which 

9 such submission was made.’’. 

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

11 103H(k)(5) of the National Security Act of 1947 (50 

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

13 following: 

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

15 information to the Inspector General under this section 

16 may notify any member of Congress or congressional staff 

17 member of the fact that such individual has made a sub18 mission to the Inspector General, and of the date on which 

19 such submission was made.’’. 

20 SEC. 604. REGULATIONS; REPORTING REQUIREMENTS; 

21 NONAPPLICABILITY TO CERTAIN TERMI22 NATIONS. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) CONGRESSIONAL OVERSIGHT COMMIT2 TEES.—The term ‘‘congressional oversight commit3 tees’’ means— 

4 (A) the congressional intelligence commit5 tees; 

6 (B) the Committee on Homeland Security 

7 and Government Affairs of the Senate; and 

8 (C) the Committee on Oversight and Gov9 ernment Reform of the House of Representa10 tives. 

11 (2) INTELLIGENCE COMMUNITY ELEMENT.— 

12 The term ‘‘intelligence community element’’— 

13 (A) means— 

14 (i) the Central Intelligence Agency, 

15 the Defense Intelligence Agency, the Na16 tional Geospatial-Intelligence Agency, the 

17 National Security Agency, the Office of the 

18 Director of National Intelligence, and the 

19 National Reconnaissance Office; and 

20 (ii) any executive agency or unit 

21 thereof determined by the President under 

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

23 States Code, to have as its principal func24 tion the conduct of foreign intelligence or 

25 counterintelligence activities; and 


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1 (B) does not include the Federal Bureau of 

2 Investigation. 

3 (b) REGULATIONS.— 

4 (1) IN GENERAL.—In consultation with the Sec5 retary of Defense, the Director of National Intel6 ligence shall prescribe regulations to ensure that a 

7 personnel action shall not be taken against an em8 ployee of an intelligence community element as a re9 prisal for any disclosure of information described in 

10 section 2303A(b) of title 5, United States Code, as 

11 added by this title. 

12 (2) APPELLATE REVIEW BOARD.—Not later 

13 than 180 days after the date of the enactment of 

14 this Act, the Director of National Intelligence, in 

15 consultation with the Secretary of Defense, the At16 torney General, and the heads of appropriate agen17 cies, shall establish an appellate review board that is 

18 broadly representative of affected Departments and 

19 agencies and is made up of individuals with expertise 

20 in merit systems principles and national security 

21 issues— 

22 (A) to hear whistleblower appeals related 

23 to security clearance access determinations de24 scribed in subsection (j) of section 3001 of the 

25 Intelligence Reform and Terrorism Prevention 


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1 Act of 2004 (50 U.S.C. 3341), as added by this 

2 title; and 

3 (B) that shall include a subpanel that re4 flects the composition of intelligence community 

5 elements, which shall— 

6 (i) be composed of intelligence com7 munity elements and inspectors general 

8 from intelligence community elements, for 

9 the purpose of hearing cases that arise in 

10 intelligence community element; and 

11 (ii) include the Inspector General of 

12 the Intelligence Community and the In13 spector General of the Department of De14 fense. 

15 (c) REPORT ON THE STATUS OF IMPLEMENTATION

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

17 of the enactment of this Act, the Director of National In18 telligence shall submit a report on the status of the imple19 mentation of the regulations promulgated under sub20 section (b) to the congressional oversight committees. 

21 (d) NONAPPLICABILITY TO CERTAIN TERMI22 NATIONS.—Section 2303A of title 5, United States Code, 

23 as added by this title, and section 3001 of the Intelligence 

24 Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 


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1 3341), as amended by this title, shall not apply if the af2 fected employee is concurrently terminated under— 

3 (1) section 1609 of title 10, United States 

4 Code; 

5 (2) the authority of the Director of National In6 telligence under section 102A(m) of the National Se7 curity Act of 1947 (50 U.S.C. 3024(m)), if— 

8 (A) the Director personally summarily ter9 minates the individual; and 

10 (B) the Director— 

11 (i) determines the termination to be in 

12 the interest of the United States; 

13 (ii) determines that the procedures 

14 prescribed in other provisions of law that 

15 authorize the termination of the employ16 ment of such employee cannot be invoked 

17 in a manner consistent with the national 

18 security; and 

19 (iii) not later than 5 days after such 

20 termination, notifies the congressional 

21 oversight committees of the termination; 

22 (3) the authority of the Director of the Central 

23 Intelligence Agency under section 104A(e) of the 

24 National Security Act of 1947 (50 U.S.C. 3036(e)), 

25 if— 


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1 (A) the Director personally summarily ter2 minates the individual; and 

3 (B) the Director— 

4 (i) determines the termination to be in 

5 the interest of the United States; 

6 (ii) determines that the procedures 

7 prescribed in other provisions of law that 

8 authorize the termination of the employ9 ment of such employee cannot be invoked 

10 in a manner consistent with the national 

11 security; and 

12 (iii) not later than 5 days after such 

13 termination, notifies the congressional 

14 oversight committees of the termination; or 

15 (4) section 7532 of title 5, United States Code, 

16 if— 

17 (A) the agency head personally terminates 

18 the individual; and 

19 (B) the agency head— 

20 (i) determines the termination to be in 

21 the interest of the United States; 

22 (ii) determines that the procedures 

23 prescribed in other provisions of law that 

24 authorize the termination of the employ25 ment of such employee cannot be invoked 


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1 in a manner consistent with the national 

2 security; and 

3 (iii) not later than 5 days after such 

4 termination, notifies the congressional 

5 oversight committees of the termination. 

6 TITLE VII—OTHER MATTERS 

7 SEC. 701. REPEAL OF THE TERMINATION OF NOTIFICATION 

8 REQUIREMENTS REGARDING THE AUTHOR9 IZED DISCLOSURE OF NATIONAL INTEL10 LIGENCE. 

11 Section 504 of the Intelligence Authorization Act for 

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

13 is amended by striking subsection (e). 

14 SEC. 702. GIFTS, DEVISES, AND BEQUESTS. 

15 Section 12 of the Central Intelligence Agency Act of 

16 1949 (50 U.S.C. 3512) is amended— 

17 (1) by striking the section heading and insert18 ing ‘‘GIFTS, DEVISES, AND BEQUESTS’’; 

19 (2) in subsection (a)(2)— 

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

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

22 (B) by striking ‘‘this section,’’ and insert23 ing ‘‘subsection (a),’’; 

24 (3) in subsection (b), by striking ‘‘this section,’’ 

25 and inserting ‘‘subsection (a),’’; 


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

2 and inserting ‘‘subsection (a),’’; 

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

4 and inserting ‘‘subsection (a)’’; 

5 (6) by redesignating subsection (f) as sub6 section (g); and 

7 (7) by inserting after subsection (e) the fol8 lowing: 

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

10 an official capacity for the benefit of nonprofit organiza11 tions that provide support to surviving family members of 

12 deceased Agency employees or that otherwise provide sup13 port for the welfare, education, or recreation of Agency 

14 employees, former Agency employees, or their family mem15 bers. 

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

17 the raising of funds through the active participation in the 

18 promotion, production, or presentation of an event de19 signed to raise funds and does not include the direct solici20 tation of money by any other means.’’. 

21 SEC. 703. BUDGETARY EFFECTS. 

22 The budgetary effects of this Act, for the purpose of 

23 complying with the Statutory Pay-As-You-Go-Act of 2010, 

24 shall be determined by reference to the latest statement 

25 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 


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1 Act, submitted for printing in the Congressional Record 

2 by the Chairman of the Senate Budget Committee, pro3 vided that such statement has been submitted prior to the 

4 vote on passage. 


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Calendar No. 244 

113TH CONGRESS 

1ST SESSION S. 1681 

A BILL 

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 

NOVEMBER 12, 2013 

Read twice and placed on the calendar 


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