S. 1681 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To authorize appropriations for fiscal year 2014 for intelligence and intelligencerelated activities of the United States Government and the Office of the Director 

of National Intelligence, the Central Intelligence Agency Retirement and Disability 

System, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Authorization Act for Fiscal Year 2014’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

Sec. 202. CIARDS and FERS special retirement credit for service on detail to another agency. 

TITLE III—GENERAL PROVISIONS 

Subtitle A—General Matters 

Sec. 301. Increase in employee compensation and benefits authorized by law. 

Sec. 302. Restriction on conduct of intelligence activities. 

Sec. 303. Specific authorization of funding for High Performance Computing Center 

2. 

Sec. 304. Clarification of exemption from Freedom of Information Act of identities 

of employees submitting complaints to the Inspector General of the Intelligence Community. 

Sec. 305. Functional managers for the intelligence community. 

Sec. 306. Annual assessment of intelligence community performance by function. 

Sec. 307. Software licensing. 

Sec. 308. Plans to respond to unauthorized public disclosures of covert actions. 

Sec. 309. Auditability. 

Sec. 310. Reports of fraud, waste, and abuse. 

Sec. 311. Public Interest Declassification Board. 

Sec. 312. Official representation items in support of the Coast Guard Attache ́ Program. 

Sec. 313. Declassification review of certain items collected during the mission that 

killed Osama bin Laden on May 1, 2011. 

Sec. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program. 
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Subtitle B—Reporting 

Sec. 321. Significant interpretations of law concerning intelligence activities. 

Sec. 322. Review for official publication of opinions of the Office of Legal Counsel 

of the Department of Justice concerning intelligence activities. 

Sec. 323. Submittal to Congress by heads of elements of intelligence community of 

plans for orderly shutdown in event of absence of appropriations. 

Sec. 324. Reports on chemical weapons in Syria. 

Sec. 325. Reports to the intelligence community on penetrations of networks and 

information systems of certain contractors. 

Sec. 326. Report on electronic waste. 

Sec. 327. Promoting STEM education to meet the future workforce needs of the intelligence community. 

Sec. 328. Repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence. 

Sec. 329. Repeal or modification of certain reporting requirements. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE 

COMMUNITY 

Subtitle A—National Security Agency 

Sec. 401. Appointment of the Director of the National Security Agency. 

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

Sec. 403. Effective date and applicability. 

Subtitle B—National Reconnaissance Office 

Sec. 411. Appointment of the Director of the National Reconnaissance Office. 

Sec. 412. Appointment of the Inspector General of the National Reconnaissance Office. 

Sec. 413. Effective date and applicability. 

Subtitle C—Central Intelligence Agency 

Sec. 421. Gifts, devises, and bequests. 

TITLE V—SECURITY CLEARANCE REFORM 

Sec. 501. Continuous evaluation and sharing of derogatory information regarding 

personnel with access to classified information. 

Sec. 502. Requirements for intelligence community contractors. 

Sec. 503. Technology improvements to security clearance processing. 

Sec. 504. Report on reciprocity of security clearances. 

Sec. 505. Improving the periodic reinvestigation process. 

Sec. 506. Appropriate committees of Congress defined. 

TITLE VI—INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS 

Sec. 601. Protection of intelligence community whistleblowers. 

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

Sec. 603. Revisions of other laws. 

Sec. 604. Policies and procedures; nonapplicability to certain terminations. 

TITLE VII—TECHNICAL AMENDMENTS 

Sec. 701. Technical amendments to the Central Intelligence Agency Act of 1949. 

Sec. 702. Technical amendments to the National Security Act of 1947 relating to 

the past elimination of certain positions. 

Sec. 703. Technical amendments to the Intelligence Authorization Act for Fiscal 

Year 2013. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 

‘‘congressional intelligence committees’’ means— 

(A) the Select Committee on Intelligence of the Senate; 

and 

(B) the Permanent Select Committee on Intelligence 

of the House of Representatives. 

(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence 

community’’ has the meaning given that term in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 3003(4)). 
S. 1681—3 

TITLE I—INTELLIGENCE ACTIVITIES 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2014 for the conduct of the intelligence and intelligence-related 

activities of the following elements of the United States Government: 

(1) The Office of the Director of National Intelligence. 

(2) The Central Intelligence Agency. 

(3) The Department of Defense. 

(4) The Defense Intelligence Agency. 

(5) The National Security Agency. 

(6) The Department of the Army, the Department of the 

Navy, and the Department of the Air Force. 

(7) The Coast Guard. 

(8) The Department of State. 

(9) The Department of the Treasury. 

(10) The Department of Energy. 

(11) The Department of Justice. 

(12) The Federal Bureau of Investigation. 

(13) The Drug Enforcement Administration. 

(14) The National Reconnaissance Office. 

(15) The National Geospatial-Intelligence Agency. 

(16) The Department of Homeland Security. 

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL LEVELS.— 

The amounts authorized to be appropriated under section 101 and, 

subject to section 103, the authorized personnel ceilings as of September 30, 2014, for the conduct of the intelligence activities of 

the elements listed in paragraphs (1) through (16) of section 101, 

are those specified in the classified Schedule of Authorizations 

prepared to accompany the bill S. 1681 of the One Hundred Thirteenth Congress. 

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.— 

(1) AVAILABILITY.—The classified Schedule of Authorizations referred to in subsection (a) shall be made available 

to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and 

to the President. 

(2) DISTRIBUTION BY THE PRESIDENT.—Subject to paragraph 

(3), the President shall provide for suitable distribution of the 

classified Schedule of Authorizations, or of appropriate portions 

of the Schedule, within the executive branch. 

(3) LIMITS ON DISCLOSURE.—The President shall not publicly disclose the classified Schedule of Authorizations or any 

portion of such Schedule except— 

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

Recommendations of the 9/11 Commission Act of 2007 (50 

U.S.C. 3306(a)); 

(B) to the extent necessary to implement the budget; 

or 

(C) as otherwise required by law. 
S. 1681—4 

SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

(a) AUTHORITY FOR INCREASES.—The Director of National Intelligence may authorize employment of civilian personnel in excess 

of the number authorized for fiscal year 2014 by the classified 

Schedule of Authorizations referred to in section 102(a) if the 

Director of National Intelligence determines that such action is 

necessary to the performance of important intelligence functions, 

except that the number of personnel employed in excess of the 

number authorized under such section may not, for any element 

of the intelligence community, exceed 3 percent of the number 

of civilian personnel authorized under such Schedule for such element. 

(b) TREATMENT OF CERTAIN PERSONNEL.—The Director of 

National Intelligence shall establish guidelines that govern, for 

each element of the intelligence community, the treatment under 

the personnel levels authorized under section 102(a), including any 

exemption from such personnel levels, of employment or assignment 

in— 

(1) a student program, trainee program, or similar program; 

(2) a reserve corps or as a reemployed annuitant; or 

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

(c) NOTICE TO CONGRESSIONAL INTELLIGENCE COMMITTEES.— 

The Director of National Intelligence shall notify the congressional 

intelligence committees in writing at least 15 days prior to each 

exercise of an authority described in subsection (a). 

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated for the Intelligence Community Management 

Account of the Director of National Intelligence for fiscal year 

2014 the sum of $528,229,000. Within such amount, funds identified 

in the classified Schedule of Authorizations referred to in section 

102(a) for advanced research and development shall remain available until September 30, 2015. 

(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the 

Intelligence Community Management Account of the Director of 

National Intelligence are authorized 855 positions as of September 

30, 2014. Personnel serving in such elements may be permanent 

employees of the Office of the Director of National Intelligence 

or personnel detailed from other elements of the United States 

Government. 

(c) CLASSIFIED AUTHORIZATIONS.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to 

amounts authorized to be appropriated for the Intelligence 

Community Management Account by subsection (a), there are 

authorized to be appropriated for the Community Management 

Account for fiscal year 2014 such additional amounts as are 

specified in the classified Schedule of Authorizations referred 

to in section 102(a). Such additional amounts for advanced 

research and development shall remain available until September 30, 2015. 

(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 

2014, there are authorized such additional personnel for the 
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Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to 

in section 102(a). 

TITLE II—CENTRAL INTELLIGENCE 

AGENCY RETIREMENT AND DISABILITY SYSTEM 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2014 

the sum of $514,000,000. 

SEC. 202. CIARDS AND FERS SPECIAL RETIREMENT CREDIT FOR 

SERVICE ON DETAIL TO ANOTHER AGENCY. 

(a) IN GENERAL.—Section 203(b) of the Central Intelligence 

Agency Retirement Act (50 U.S.C. 2013(b)) is amended— 

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

‘‘service in the Agency performed’’ and inserting ‘‘service performed by an Agency employee’’; and 

(2) in paragraph (1), by striking ‘‘Agency activities’’ and 

inserting ‘‘intelligence activities’’. 

(b) APPLICATION.—The amendment made by subsection (a) shall 

be applied to retired or deceased officers of the Central Intelligence 

Agency who were designated at any time under section 203 of 

the Central Intelligence Agency Retirement Act (50 U.S.C. 2013) 

prior to the date of the enactment of this Act. 

TITLE III—GENERAL PROVISIONS 

Subtitle A—General Matters 

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 

AUTHORIZED BY LAW. 

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased 

by such additional or supplemental amounts as may be necessary 

for increases in such compensation or benefits authorized by law. 

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. 

The authorization of appropriations by this Act shall not be 

deemed to constitute authority for the conduct of any intelligence 

activity which is not otherwise authorized by the Constitution or 

the laws of the United States. 

SEC. 303. SPECIFIC AUTHORIZATION OF FUNDING FOR HIGH 

PERFORMANCE COMPUTING CENTER 2. 

Funds appropriated for the construction of the High Performance Computing Center 2 (HPCC 2), as described in the table 

entitled Consolidated Cryptologic Program (CCP) in the classified 

annex to accompany the Consolidated and Further Continuing 

Appropriations Act, 2013 (Public Law 113–6; 127 Stat. 198), in 

excess of the amount specified for such activity in the tables in 

the classified annex prepared to accompany the Intelligence 
S. 1681—6 

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

Stat. 2468) shall be specifically authorized by Congress for the 

purposes of section 504 of the National Security Act of 1947 (50 

U.S.C. 3094). 

SEC. 304. CLARIFICATION OF EXEMPTION FROM FREEDOM OF 

INFORMATION ACT OF IDENTITIES OF EMPLOYEES 

SUBMITTING COMPLAINTS TO THE INSPECTOR GENERAL 

OF THE INTELLIGENCE COMMUNITY. 

Section 103H(g)(3)(A) of the National Security Act of 1947 

(50 U.S.C. 3033(g)(3)(A)) is amended by striking ‘‘undertaken;’’ and 

inserting ‘‘undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 

5, United States Code (commonly known as the ‘Freedom of 

Information Act’);’’. 

SEC. 305. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY. 

(a) FUNCTIONAL MANAGERS AUTHORIZED.—Title I of the 

National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended 

by inserting after section 103I the following new section: 

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

‘‘(a) FUNCTIONAL MANAGERS AUTHORIZED.—The Director of 

National Intelligence may establish within the intelligence community one or more positions of manager of an intelligence function. 

Any position so established may be known as the ‘Functional Manager’ of the intelligence function concerned. 

‘‘(b) PERSONNEL.—The Director shall designate individuals to 

serve as manager of intelligence functions established under subsection (a) from among officers and employees of elements of the 

intelligence community. 

‘‘(c) DUTIES.—Each manager of an intelligence function established under subsection (a) shall have the duties as follows: 

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

intelligence function. 

‘‘(2) To carry out such other responsibilities with respect 

to the intelligence function as the Director may specify for 

purposes of this section.’’. 

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

in the first section of the National Security Act of 1947 is amended 

by inserting after the item relating to section 103I the following 

new item: 

‘‘Sec. 103J. Functional managers for the intelligence community.’’. 

SEC. 306. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY 

PERFORMANCE BY FUNCTION. 

(a) ANNUAL ASSESSMENTS REQUIRED.—Title V of the National 

Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by inserting 

after section 506I the following new section: 

‘‘SEC. 506J. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY 

PERFORMANCE BY FUNCTION. 

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

year thereafter, the Director of National Intelligence shall, in consultation with the Functional Managers, submit to the congressional 
S. 1681—7 

intelligence committees a report on covered intelligence functions 

during the preceding year. 

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

for each covered intelligence function for the year covered by such 

report the following: 

‘‘(1) An identification of the capabilities, programs, and 

activities of such intelligence function, regardless of the element 

of the intelligence community that carried out such capabilities, 

programs, and activities. 

‘‘(2) A description of the investment and allocation of 

resources for such intelligence function, including an analysis 

of the allocation of resources within the context of the National 

Intelligence Strategy, priorities for recipients of resources, and 

areas of risk. 

‘‘(3) A description and assessment of the performance of 

such intelligence function. 

‘‘(4) An identification of any issues related to the application 

of technical interoperability standards in the capabilities, programs, and activities of such intelligence function. 

‘‘(5) An identification of the operational overlap or need 

for de-confliction, if any, within such intelligence function. 

‘‘(6) A description of any efforts to integrate such intelligence function with other intelligence disciplines as part of 

an integrated intelligence enterprise. 

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

in tradecraft and training within such intelligence function. 

‘‘(8) A description and assessment of developments in technology that bear on the future of such intelligence function. 

‘‘(9) Such other matters relating to such intelligence function as the Director may specify for purposes of this section. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered intelligence functions’ means each 

intelligence function for which a Functional Manager has been 

established under section 103J during the year covered by 

a report under this section. 

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

of an intelligence function established under section 103J.’’. 

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

in the first section of the National Security Act of 1947 is amended 

by inserting after the item relating to section 506I the following 

new item: 

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

SEC. 307. SOFTWARE LICENSING. 

(a) IN GENERAL.—Title I of the National Security Act of 1947 

(50 U.S.C. 3021 et seq.) is amended by inserting after section 

108 the following new section: 

‘‘SEC. 109. SOFTWARE LICENSING. 

‘‘(a) REQUIREMENT FOR INVENTORIES OF SOFTWARE LICENSES.— The chief information officer of each element of the intelligence 

community, in consultation with the Chief Information Officer of 

the Intelligence Community, shall biennially— 

‘‘(1) conduct an inventory of all existing software licenses 

of such element, including utilized and unutilized licenses; 
S. 1681—8 

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

element to achieve the greatest possible economies of scale 

and associated cost savings in software procurement and usage; 

and 

‘‘(3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) 

and each assessment required by paragraph (2). 

‘‘(b) INVENTORIES BY THE CHIEF INFORMATION OFFICER OF THE

INTELLIGENCE COMMUNITY.—The Chief Information Officer of the 

Intelligence Community, based on the inventories and assessments 

required by subsection (a), shall biennially— 

‘‘(1) compile an inventory of all existing software licenses 

of the intelligence community, including utilized and unutilized 

licenses; and 

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

intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage. 

‘‘(c) REPORTS TO CONGRESS.—The Chief Information Officer of 

the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1).’’. 

(b) INITIAL INVENTORY.— 

(1) INTELLIGENCE COMMUNITY ELEMENTS.— (A) DATE.—Not later than 120 days after the date 

of the enactment of this Act, the chief information officer 

of each element of the intelligence community shall complete the initial inventory, assessment, and submission 

required under section 109(a) of the National Security Act 

of 1947, as added by subsection (a) of this section. 

(B) BASIS.—The initial inventory conducted for each 

element of the intelligence community under section 

109(a)(1) of the National Security Act of 1947, as added 

by subsection (a) of this section, shall be based on the 

inventory of software licenses conducted pursuant to section 

305 of the Intelligence Authorization Act for Fiscal Year 

2013 (Public Law 112–277; 126 Stat. 2472) for such element. 

(2) CHIEF INFORMATION OFFICER OF THE INTELLIGENCE

COMMUNITY.—Not later than 180 days after the date of the 

enactment of this Act, the Chief Information Officer of the 

Intelligence Community shall complete the initial compilation 

and assessment required under section 109(b) of the National 

Security Act of 1947, as added by subsection (a). 

(c) TABLE OF CONTENTS AMENDMENTS.—The table of contents 

in the first section of the National Security Act of 1947 is amended— 

(1) by striking the second item relating to section 104 

(relating to Annual national security strategy report); and 

(2) inserting after the item relating to section 108 the 

following new item: 

‘‘Sec. 109. Software licensing.’’. 

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

Section 503 of the National Security Act of 1947 (50 U.S.C. 

3093) is amended by adding at the end the following new subsection: 
S. 1681—9 

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

action, the President shall establish in writing a plan to respond 

to the unauthorized public disclosure of that type of activity.’’. 

SEC. 309. AUDITABILITY. 

(a) IN GENERAL.—Title V of the National Security Act of 1947 

(50 U.S.C. 3091 et seq.) is amended by adding at the end the 

following new section: 

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

‘‘(a) REQUIREMENT FOR ANNUAL AUDITS.—The head of each 

covered entity shall ensure that there is a full financial audit 

of such covered entity each year beginning with fiscal year 2014. 

Such audits may be conducted by an internal or external independent accounting or auditing organization. 

‘‘(b) REQUIREMENT FOR UNQUALIFIED OPINION.—Beginning as 

early as practicable, but in no event later than the audit required 

under subsection (a) for fiscal year 2016, the head of each covered 

entity shall take all reasonable steps necessary to ensure that 

each audit required under subsection (a) contains an unqualified 

opinion on the financial statements of such covered entity for the 

fiscal year covered by such audit. 

‘‘(c) REPORTS TO CONGRESS.—The chief financial officer of each 

covered entity shall provide to the congressional intelligence 

committees an annual audit report from an accounting or auditing 

organization on each audit of the covered entity conducted pursuant 

to subsection (a). 

‘‘(d) COVERED ENTITY DEFINED.—In this section, the term ‘covered entity’ means the Office of the Director of National Intelligence, 

the Central Intelligence Agency, the Defense Intelligence Agency, 

the National Security Agency, the National Reconnaissance Office, 

and the National Geospatial-Intelligence Agency.’’. 

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

in the first section of the National Security Act of 1947 is amended 

by inserting after the item relating to section 508 the following 

new item: 

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

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

Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. 

App.) is amended in paragraph (1)— 

(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; 

(2) by inserting after subparagraph (A) the following: 

‘‘(B) An employee of an element of the intelligence community, 

an employee assigned or detailed to an element of the intelligence 

community, or an employee of a contractor to the intelligence 

community, who intends to report to Congress a complaint or 

information with respect to an urgent concern may report such 

complaint or information to the Inspector General of the Intelligence 

Community.’’; and 

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

(1)— 

(A) by striking ‘‘Act or section 17’’ and inserting ‘‘Act, 

section 17’’; and 
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(B) by striking the period at the end and inserting 

‘‘, or section 103H(k) of the National Security Act of 1947 

(50 U.S.C. 3033(k)).’’. 

SEC. 311. PUBLIC INTEREST DECLASSIFICATION BOARD. 

Section 710(b) of the Public Interest Declassification Act of 

2000 (Public Law 106–567; 50 U.S.C. 3161 note) is amended by 

striking ‘‘2014.’’ and inserting ‘‘2018.’’. 

SEC. 312. OFFICIAL REPRESENTATION ITEMS IN SUPPORT OF THE 

COAST GUARD ATTACHE ́ PROGRAM. 

Notwithstanding any other limitation on the amount of funds 

that may be used for official representation items, the Secretary 

of Homeland Security may use funds made available to the Secretary through the National Intelligence Program for necessary 

expenses for intelligence analysis and operations coordination activities for official representation items in support of the Coast Guard 

Attache ́ Program. 

SEC. 313. DECLASSIFICATION REVIEW OF CERTAIN ITEMS COLLECTED 

DURING THE MISSION THAT KILLED OSAMA BIN LADEN 

ON MAY 1, 2011. 

Not later than 120 days after the date of the enactment of 

this Act, the Director of National Intelligence shall— 

(1) in the manner described in the classified annex to 

this Act— 

(A) complete a declassification review of documents 

collected in Abbottabad, Pakistan, during the mission that 

killed Osama bin Laden on May 1, 2011; and 

(B) make publicly available any information declassified as a result of the declassification review required 

under paragraph (1); and 

(2) report to the congressional intelligence committees— 

(A) the results of the declassification review required 

under paragraph (1); and 

(B) a justification for not declassifying any information 

required to be included in such declassification review that 

remains classified. 

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

Notwithstanding any other provision of law, the Director of 

National Intelligence shall carry out the merger of the Foreign 

Counterintelligence Program into the General Defense Intelligence 

Program as directed in the classified annex to this Act. The merger 

shall go into effect no earlier than 30 days after written notification 

of the merger is provided to the congressional intelligence committees. 

Subtitle B—Reporting 

SEC. 321. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING 

INTELLIGENCE ACTIVITIES. 

(a) IN GENERAL.—Title V of the National Security Act of 1947 

(50 U.S.C. 3021 et seq.), as added by section 309 of this Act, 

is further amended by adding at the end the following new section: 
S. 1681—11 

‘‘SEC. 510. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING 

INTELLIGENCE ACTIVITIES. 

‘‘(a) NOTIFICATION.—Except as provided in subsection (c) and 

to the extent consistent with due regard for the protection from 

unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the General Counsel of each element of the intelligence community shall notify the congressional intelligence 

committees, in writing, of any significant legal interpretation of 

the United States Constitution or Federal law affecting intelligence 

activities conducted by such element by not later than 30 days 

after the date of the commencement of any intelligence activity 

pursuant to such interpretation. 

‘‘(b) CONTENT.—Each notification under subsection (a) shall 

provide a summary of the significant legal interpretation and the 

intelligence activity or activities conducted pursuant to such 

interpretation. 

‘‘(c) EXCEPTIONS.—A notification under subsection (a) shall not 

be required for a significant legal interpretation if— 

‘‘(1) notice of the significant legal interpretation was previously provided to the congressional intelligence committees 

under subsection (a); or 

‘‘(2) the significant legal interpretation was made before 

the date of the enactment of the Intelligence Authorization 

Act for Fiscal Year 2014. 

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

determines that it is essential to limit access to a covert action 

finding under section 503(c)(2), the President may limit access 

to information concerning such finding that is subject to notification 

under this section to those members of Congress who have been 

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

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

in the first section of the National Security Act of 1947 is amended 

by inserting after the item relating to section 509, as so added, 

the following new item: 

‘‘Sec. 510. Significant interpretations of law concerning intelligence activities.’’. 

SEC. 322. REVIEW FOR OFFICIAL PUBLICATION OF OPINIONS OF THE 

OFFICE OF LEGAL COUNSEL OF THE DEPARTMENT OF JUSTICE CONCERNING INTELLIGENCE ACTIVITIES. 

(a) PROCESS FOR REVIEW FOR OFFICIAL PUBLICATION.—Not later 

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

Attorney General shall, in coordination with the Director of National 

Intelligence, establish a process for the regular review for official 

publication of significant opinions of the Office of Legal Counsel 

of the Department of Justice that have been provided to an element 

of the intelligence community. 

(b) FACTORS.—The process of review of opinions established 

under subsection (a) shall include consideration of the following: 

(1) The potential importance of an opinion to other agencies 

or officials in the Executive branch. 

(2) The likelihood that similar questions addressed in an 

opinion may arise in the future. 

(3) The historical importance of an opinion or the context 

in which it arose. 

(4) The potential significance of an opinion to the overall 

jurisprudence of the Office of Legal Counsel. 
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(5) Such other factors as the Attorney General and the 

Director of National Intelligence consider appropriate. 

(c) PRESUMPTION.—The process of review established under 

subsection (a) shall apply a presumption that significant opinions 

of the Office of Legal Counsel should be published when practicable, 

consistent with national security and other confidentiality considerations. 

(d) CONSTRUCTION.—Nothing in this section shall require the 

official publication of any opinion of the Office of Legal Counsel, 

including publication under any circumstance as follows: 

(1) When publication would reveal classified or other sensitive information relating to national security. 

(2) When publication could reasonably be anticipated to 

interfere with Federal law enforcement efforts or is prohibited 

by law. 

(3) When publication would conflict with preserving 

internal Executive branch deliberative processes or protecting 

other information properly subject to privilege. 

(e) REQUIREMENT TO PROVIDE CLASSIFIED OPINIONS TO CONGRESS.— 

(1) IN GENERAL.—Any opinion of the Office of Legal Counsel 

that would have been selected for publication under the process 

of review established under subsection (a) but for the fact 

that publication would reveal classified or other sensitive 

information relating to national security shall be provided or 

made available to the appropriate committees of Congress. 

(2) EXCEPTION FOR COVERT ACTION.—If the President determines that it is essential to limit access to a covert action 

finding under section 503(c)(2) of the National Security Act 

of 1947 (50 U.S.C. 3093(c)(2)), the President may limit access 

to information concerning such finding that would otherwise 

be provided or made available under this subsection to those 

members of Congress who have been granted access to such 

finding under such section 503(c)(2). 

(f) JUDICIAL REVIEW.—The determination whether an opinion 

of the Office of Legal Counsel is appropriate for official publication 

under the process of review established under subsection (a) is 

discretionary and is not subject to judicial review. 

SEC. 323. SUBMITTAL TO CONGRESS BY HEADS OF ELEMENTS OF 

INTELLIGENCE COMMUNITY OF PLANS FOR ORDERLY 

SHUTDOWN IN EVENT OF ABSENCE OF APPROPRIATIONS. 

(a) IN GENERAL.—Whenever the head of an applicable agency 

submits a plan to the Director of the Office of Management and 

Budget in accordance with section 124 of Office of Management 

and Budget Circular A–11, pertaining to agency operations in the 

absence of appropriations, or any successor circular of the Office 

that requires the head of an applicable agency to submit to the 

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

of appropriations, such head shall submit a copy of such plan 

to the following: 

(1) The congressional intelligence committees. 

(2) The Subcommittee on Defense of the Committee on 

Appropriations of the Senate. 

(3) The Subcommittee on Defense of the Committee on 

Appropriations of the House of Representatives. 
S. 1681—13 

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

community that is within the Department of Defense, to— 

(A) the Committee on Armed Services of the Senate; 

and 

(B) the Committee on Armed Services of the House 

of Representatives. 

(b) HEAD OF AN APPLICABLE AGENCY DEFINED.—In this section, 

the term ‘‘head of an applicable agency’’ includes the following: 

(1) The Director of National Intelligence. 

(2) The Director of the Central Intelligence Agency. 

(3) Each head of each element of the intelligence community 

that is within the Department of Defense. 

SEC. 324. REPORTS ON CHEMICAL WEAPONS IN SYRIA. 

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

the enactment of this Act, the Director of National Intelligence 

shall submit to Congress a report on the Syrian chemical weapons 

program. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) A comprehensive assessment of chemical weapon stockpiles in Syria, including names, types, and quantities of chemical weapons agents, types of munitions, and location and form 

of storage, production, and research and development facilities. 

(2) A listing of key personnel associated with the Syrian 

chemical weapons program. 

(3) An assessment of undeclared chemical weapons stockpiles, munitions, and facilities. 

(4) An assessment of how these stockpiles, precursors, and 

delivery systems were obtained. 

(5) A description of key intelligence gaps related to the 

Syrian chemical weapons program. 

(6) An assessment of any denial and deception efforts on 

the part of the Syrian regime related to its chemical weapons 

program. 

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

is 18 months after the date of the enactment of this Act, the 

Director of National Intelligence shall submit to Congress a progress 

report providing any material updates to the report required under 

subsection (a). 

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

CERTAIN CONTRACTORS. 

(a) PROCEDURES FOR REPORTING PENETRATIONS.—The Director 

of National Intelligence shall establish procedures that require each 

cleared intelligence contractor to report to an element of the intelligence community designated by the Director for purposes of such 

procedures when a network or information system of such contractor 

that meets the criteria established pursuant to subsection (b) is 

successfully penetrated. 

(b) NETWORKS AND INFORMATION SYSTEMS SUBJECT TO

REPORTING.—The Director of National Intelligence shall, in consultation with appropriate officials, establish criteria for covered 

networks to be subject to the procedures for reporting system 

penetrations under subsection (a). 

(c) PROCEDURE REQUIREMENTS.— 
S. 1681—14 

(1) RAPID REPORTING.—The procedures established pursuant to subsection (a) shall require each cleared intelligence 

contractor to rapidly report to an element of the intelligence 

community designated pursuant to subsection (a) of each 

successful penetration of the network or information systems 

of such contractor that meet the criteria established pursuant 

to subsection (b). Each such report shall include the following: 

(A) A description of the technique or method used 

in such penetration. 

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

and isolated by the contractor, involved in such penetration. 

(C) A summary of information created by or for such 

element in connection with any program of such element 

that has been potentially compromised due to such penetration. 

(2) ACCESS TO EQUIPMENT AND INFORMATION BY INTELLIGENCE COMMUNITY PERSONNEL.—The procedures established 

pursuant to subsection (a) shall— 

(A) include mechanisms for intelligence community 

personnel to, upon request, obtain access to equipment 

or information of a cleared intelligence contractor necessary 

to conduct forensic analysis in addition to any analysis 

conducted by such contractor; 

(B) provide that a cleared intelligence contractor is 

only required to provide access to equipment or information 

as described in subparagraph (A) to determine whether 

information created by or for an element of the intelligence 

community in connection with any intelligence community 

program was successfully exfiltrated from a network or 

information system of such contractor and, if so, what 

information was exfiltrated; and 

(C) provide for the reasonable protection of trade 

secrets, commercial or financial information, and information that can be used to identify a specific person (other 

than the name of the suspected perpetrator of the penetration). 

(3) LIMITATION ON DISSEMINATION OF CERTAIN INFORMATION.—The procedures established pursuant to subsection (a) 

shall prohibit the dissemination outside the intelligence community of information obtained or derived through such procedures 

that is not created by or for the intelligence community except— 

(A) with the approval of the contractor providing such 

information; 

(B) to the congressional intelligence committees or the 

Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate 

for such committees and such Subcommittees to perform 

oversight; or 

(C) to law enforcement agencies to investigate a 

penetration reported under this section. 

(d) ISSUANCE OF PROCEDURES AND ESTABLISHMENT OF CRITERIA.— 

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

of the enactment of this Act, the Director of National Intelligence shall establish the procedures required under subsection 

(a) and the criteria required under subsection (b). 
S. 1681—15 

(2) APPLICABILITY DATE.—The requirements of this section 

shall apply on the date on which the Director of National 

Intelligence establishes the procedures required under this section. 

(e) COORDINATION WITH THE SECRETARY OF DEFENSE TO PREVENT DUPLICATE REPORTING.—Not later than 180 days after the 

date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall establish procedures 

to permit a contractor that is a cleared intelligence contractor 

and a cleared defense contractor under section 941 of the National 

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

239; 10 U.S.C. 2224 note) to submit a single report that satisfies 

the requirements of this section and such section 941 for an incident 

of penetration of network or information system. 

(f) DEFINITIONS.—In this section: 

(1) CLEARED INTELLIGENCE CONTRACTOR.—The term 

‘‘cleared intelligence contractor’’ means a private entity granted 

clearance by the Director of National Intelligence or the head 

of an element of the intelligence community to access, receive, 

or store classified information for the purpose of bidding for 

a contract or conducting activities in support of any program 

of an element of the intelligence community. 

(2) COVERED NETWORK.—The term ‘‘covered network’’ 

means a network or information system of a cleared intelligence 

contractor that contains or processes information created by 

or for an element of the intelligence community with respect 

to which such contractor is required to apply enhanced protection. 

(g) SAVINGS CLAUSES.—Nothing in this section shall be construed to alter or limit any otherwise authorized access by government personnel to networks or information systems owned or operated by a contractor that processes or stores government data. 

SEC. 326. REPORT ON ELECTRONIC WASTE. 

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

enactment of this Act, the Director of National Intelligence shall 

submit to the congressional intelligence committees a report on 

the extent to which the intelligence community has implemented 

the recommendations of the Inspector General of the Intelligence 

Community contained in the report entitled ‘‘Study of Intelligence 

Community Electronic Waste Disposal Practices’’ issued in May 

2013. Such report shall include an assessment of the extent to 

which the policies, standards, and guidelines of the intelligence 

community governing the proper disposal of electronic waste are 

applicable to covered commercial electronic waste that may contain 

classified information. 

(b) DEFINITIONS.—In this section: 

(1) COVERED COMMERCIAL ELECTRONIC WASTE.—The term 

‘‘covered commercial electronic waste’’ means electronic waste 

of a commercial entity that contracts with an element of the 

intelligence community. 

(2) ELECTRONIC WASTE.—The term ‘‘electronic waste’’ 

includes any obsolete, broken, or irreparable electronic device, 

including a television, copier, facsimile machine, tablet, telephone, computer, computer monitor, laptop, printer, scanner, 

and associated electrical wiring. 
S. 1681—16 

SEC. 327. PROMOTING STEM EDUCATION TO MEET THE FUTURE 

WORKFORCE NEEDS OF THE INTELLIGENCE COMMUNITY. 

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

enactment of this Act, the Director of National Intelligence shall 

submit to the Secretary of Education and the congressional intelligence committees a report describing the anticipated hiring needs 

of the intelligence community in the fields of science, technology, 

engineering, and mathematics, including cybersecurity and computer literacy. The report shall— 

(1) describe the extent to which competitions, challenges, 

or internships at elements of the intelligence community that 

do not involve access to classified information may be utilized 

to promote education in the fields of science, technology, 

engineering, and mathematics, including cybersecurity and 

computer literacy, within high schools or institutions of higher 

education in the United States; 

(2) include cost estimates for carrying out such competitions, challenges, or internships; and 

(3) include strategies for conducting expedited security 

clearance investigations and adjudications for students at 

institutions of higher education for purposes of offering internships at elements of the intelligence community. 

(b) CONSIDERATION OF EXISTING PROGRAMS.—In developing the 

report under subsection (a), the Director shall take into consideration existing programs of the intelligence community, including 

the education programs of the National Security Agency and the 

Information Assurance Scholarship Program of the Department of 

Defense, as appropriate. 

(c) DEFINITIONS.—In this section: 

(1) HIGH SCHOOL.—The term ‘‘high school’’ mean a school 

that awards a secondary school diploma. 

(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term 

in section 101(a) of the Higher Education Act of 1965 (20 

U.S.C. 1001(a)). 

(3) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has 

the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801). 

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

NATIONAL INTELLIGENCE. 

Section 504 of the Intelligence Authorization Act for Fiscal 

Year 2013 (Public Law 112–277; 126 Stat. 2477) is amended by 

striking subsection (e). 

SEC. 329. REPEAL OR MODIFICATION OF CERTAIN REPORTING 

REQUIREMENTS. 

(a) REPEAL OF REPORTING REQUIREMENTS.— (1) THREAT OF ATTACK ON THE UNITED STATES USING

WEAPONS OF MASS DESTRUCTION.—Section 114 of the National 

Security Act of 1947 (50 U.S.C. 3050) is amended by striking 

subsection (b). 

(2) TREATY ON CONVENTIONAL ARMED FORCES IN EUROPE.— Section 2(5)(E) of the Senate resolution advising and consenting 

to ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe 
S. 1681—17 

(CFE) of November 19, 1990, adopted at Vienna May 31, 1996 

(Treaty Doc. 105–5) (commonly referred to as the ‘‘CFE Flank 

Document’’), 105th Congress, agreed to May 14, 1997, is 

repealed. 

(b) MODIFICATION OF REPORTING REQUIREMENTS.— 

(1) INTELLIGENCE ADVISORY COMMITTEES.—Section 410(b) 

of the Intelligence Authorization Act for Fiscal Year 2010 (50 

U.S.C. 3309) is amended to read as follows: 

‘‘(b) NOTIFICATION OF ESTABLISHMENT OF ADVISORY COMMITTEE.—The Director of National Intelligence and the Director 

of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates 

an advisory committee. Each notification shall include— 

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

the subject matter of such committee; 

‘‘(2) a list of members of such advisory committee; and 

‘‘(3) in the case of an advisory committee created by the 

Director of National Intelligence, the reasons for a determination by the Director under section 4(b)(3) of the Federal 

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

(2) INTELLIGENCE INFORMATION SHARING.—Section 

102A(g)(4) of the National Security Act of 1947 (50 U.S.C. 

3024(g)(4)) is amended to read as follows: 

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

manner, report to Congress any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director 

to fully and effectively ensure maximum availability of access to 

intelligence information within the intelligence community consistent with the protection of the national security of the United 

States.’’. 

(3) INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.—Section 506D(j) of the National Security Act of 

1947 (50 U.S.C. 3100(j)) is amended in the matter preceding 

paragraph (1) by striking ‘‘2015’’ and inserting ‘‘2014’’. 

(4) ACTIVITIES OF PRIVACY AND CIVIL LIBERTIES OFFICERS.— 

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

Prevention Act of 2004 (42 U.S.C. 2000ee–1(f)(1)) is amended 

in the matter preceding subparagraph (A) by striking ‘‘quarterly’’ and inserting ‘‘semiannually’’. 

(c) CONFORMING AMENDMENTS.—The National Security Act of 

1947 (50 U.S.C. 3001 et seq.) is amended— 

(1) in the table of contents in the first section, by striking 

the item relating to section 114 and inserting the following 

new item: 

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

(2) in section 114 (50 U.S.C. 3050)— 

(A) by amending the heading to read as follows: 

‘‘ANNUAL REPORT ON HIRING AND RETENTION OF

MINORITY EMPLOYEES’’; 

(B) by striking ‘‘(a) ANNUAL REPORT ON HIRING AND

RETENTION OF MINORITY EMPLOYEES.—’’; 

(C) by redesignating paragraphs (1) through (5) as 

subsections (a) through (e), respectively; 

(D) in subsection (b) (as so redesignated)— 
S. 1681—18 

(i) by redesignating subparagraphs (A) through (C) 

as paragraphs (1) through (3), respectively; and 

(ii) in paragraph (2) (as so redesignated)— 

(I) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and 

(II) in the matter preceding subparagraph (A) 

(as so redesignated), by striking ‘‘clauses (i) and 

(ii)’’ and inserting ‘‘subparagraphs (A) and (B)’’; 

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

(C) of this paragraph), by striking ‘‘subsection’’ and 

inserting ‘‘section’’; and 

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

(C) of this paragraph)— 

(i) by redesignating subparagraphs (A) through (C) 

as paragraphs (1) through (3), respectively; and 

(ii) by striking ‘‘subsection,’’ and inserting ‘‘section’’; and 

(3) in section 507 (50 U.S.C. 3106)— 

(A) in subsection (a)— 

(i) by striking ‘‘(1) The date’’ and inserting ‘‘The 

date’’; 

(ii) by striking ‘‘subsection (c)(1)(A)’’ and inserting 

‘‘subsection (c)(1)’’; 

(iii) by striking paragraph (2); and 

(iv) by redesignating subparagraphs (A) through 

(F) as paragraphs (1) through (6), respectively; 

(B) in subsection (c)(1)— 

(i) by striking ‘‘(A) Except’’ and inserting ‘‘Except’’; 

and 

(ii) by striking subparagraph (B); and 

(C) in subsection (d)(1)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘subsection (a)(1)’’ and inserting 

‘‘subsection (a)’’; and 

(II) by inserting ‘‘and’’ after ‘‘March 1;’’; 

(ii) by striking subparagraph (B); and 

(iii) by redesignating subparagraph (C) as subparagraph (B). 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY 

Subtitle A—National Security Agency 

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

(a) DIRECTOR OF THE NATIONAL SECURITY AGENCY.—Section 

2 of the National Security Agency Act of 1959 (50 U.S.C. 3602) 

is amended— 

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

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

by paragraph (1), the following: 

‘‘(a)(1) There is a Director of the National Security Agency. 
S. 1681—19 

‘‘(2) The Director of the National Security Agency shall be 

appointed by the President, by and with the advice and consent 

of the Senate. 

‘‘(3) The Director of the National Security Agency shall be 

the head of the National Security Agency and shall discharge such 

functions and duties as are provided by this Act or otherwise 

by law or executive order.’’. 

(b) POSITION OF IMPORTANCE AND RESPONSIBILITY.— (1) IN GENERAL.—The President may designate the Director 

of the National Security Agency as a position of importance 

and responsibility under section 601 of title 10, United States 

Code. 

(2) EFFECTIVE DATE.—Paragraph (1) shall take effect on 

the date of the enactment of this Act. 

SEC. 402. APPOINTMENT OF THE INSPECTOR GENERAL OF THE 

NATIONAL SECURITY AGENCY. 

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

(1) in section 8G(a)(2), by striking ‘‘the National Security 

Agency,’’; and 

(2) in section 12— 

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

Cochairpersons of the Commissions established under section 15301 of title 40, United States Code;’’ and inserting 

‘‘the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; 

the Director of the National Security Agency;’’; and 

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

established under section 15301 of title 40, United States 

Code,’’ and inserting ‘‘the Commissions established under 

section 15301 of title 40, United States Code, the National 

Security Agency,’’. 

SEC. 403. EFFECTIVE DATE AND APPLICABILITY. 

(a) IN GENERAL.—Except as otherwise specifically provided, 

the amendments made by sections 401 and 402 shall take effect 

on October 1, 2014, and shall apply upon the earlier of— 

(1) in the case of section 401— 

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

of an individual to serve as the Director of the National 

Security Agency that occurs on or after October 1, 2014; 

or 

(B) the date of the cessation of the performance of 

the duties of the Director of the National Security Agency 

by the individual performing such duties on October 1, 

2014; and 

(2) in the case of section 402— 

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

of an individual to serve as the Inspector General of the 

National Security Agency that occurs on or after October 

1, 2014; or 

(B) the date of the cessation of the performance of 

the duties of the Inspector General of the National Security 

Agency by the individual performing such duties on October 

1, 2014. 

(b) EXCEPTION FOR INITIAL NOMINATIONS.—Notwithstanding 

paragraph (1)(A) or (2)(A) of subsection (a), an individual serving 

as the Director of the National Security Agency or the Inspector 
S. 1681—20 

General of the National Security Agency on the date that the 

President first nominates an individual for such position on or 

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

after such date of nomination and until the individual appointed 

to the position, by and with the advice and consent of the Senate, 

assumes the duties of the position. 

(c) INCUMBENT INSPECTOR GENERAL.—The individual serving 

as Inspector General of the National Security Agency on the date 

of the enactment of this Act shall be eligible to be appointed 

by the President to a new term of service under section 3 of 

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

the advice and consent of the Senate. 

Subtitle B—National Reconnaissance 

Office 

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

(a) IN GENERAL.—The National Security Act of 1947 (50 U.S.C. 

3001 et seq.) is amended by adding after section 106 the following: 

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

‘‘(a) IN GENERAL.—There is a Director of the National Reconnaissance Office. 

‘‘(b) APPOINTMENT.—The Director of the National Reconnaissance Office shall be appointed by the President, by and with 

the advice and consent of the Senate. 

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

Reconnaissance Office shall be the head of the National Reconnaissance Office and shall discharge such functions and duties as are 

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

(b) POSITION OF IMPORTANCE AND RESPONSIBILITY.— 

(1) IN GENERAL.—The President may designate the Director 

of the National Reconnaissance Office as a position of importance and responsibility under section 601 of title 10, United 

States Code. 

(2) EFFECTIVE DATE.—Paragraph (1) shall take effect on 

the date of the enactment of this Act. 

(c) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in the first section of the National Security Act of 1947 (50 U.S.C. 

3001 et seq.) is amended by inserting after the item relating to 

section 106 the following: 

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

SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF THE 

NATIONAL RECONNAISSANCE OFFICE. 

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

(1) in section 8G(a)(2), as amended by section 402, is further 

amended by striking ‘‘the National Reconnaissance Office,’’; 

and 

(2) in section 12, as amended by section 402, is further 

amended— 

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

of the National Reconnaissance Office;’’ before ‘‘as the case 

may be;’’; and 
S. 1681—21 

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

Reconnaissance Office,’’ before ‘‘as the case may be;’’. 

SEC. 413. EFFECTIVE DATE AND APPLICABILITY. 

(a) IN GENERAL.—The amendments made by sections 411 and 

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

the earlier of— 

(1) in the case of section 411— 

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

of an individual to serve as the Director of the National 

Reconnaissance Office that occurs on or after October 1, 

2014; or 

(B) the date of the cessation of the performance of 

the duties of the Director of the National Reconnaissance 

Office by the individual performing such duties on October 

1, 2014; and 

(2) in the case of section 412— 

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

of an individual to serve as the Inspector General of the 

National Reconnaissance Office that occurs on or after 

October 1, 2014; or 

(B) the date of the cessation of the performance of 

the duties of the Inspector General of the National Reconnaissance Office by the individual performing such duties 

on October 1, 2014. 

(b) EXCEPTION FOR INITIAL NOMINATIONS.—Notwithstanding 

paragraph (1)(A) or (2)(A) of subsection (a), an individual serving 

as the Director of the National Reconnaissance Office or the 

Inspector General of the National Reconnaissance Office on the 

date that the President first nominates an individual for such 

position on or after October 1, 2014, may continue to perform 

in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent 

of the Senate, assumes the duties of the position. 

(c) INCUMBENT INSPECTOR GENERAL.—The individual serving 

as Inspector General of the National Reconnaissance Office on 

the date of the enactment of this Act shall be eligible to be appointed 

by the President to a new term of service under section 3 of 

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

the advice and consent of the Senate. 

Subtitle C—Central Intelligence Agency 

SEC. 421. GIFTS, DEVISES, AND BEQUESTS. 

Section 12 of the Central Intelligence Agency Act of 1949 (50 

U.S.C. 3512) is amended— 

(1) by striking the section heading and inserting ‘‘GIFTS, 

DEVISES, AND BEQUESTS’’; 

(2) in subsection (a)(2)— 

(A) by inserting ‘‘by the Director as a gift to the Agency’’ 

after ‘‘accepted’’; and 

(B) by striking ‘‘this section’’ and inserting ‘‘this subsection’’; 

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

‘‘subsection (a),’’; 
S. 1681—22 

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

‘‘subsection (a),’’; 

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

‘‘subsection (a)’’; 

(6) by redesignating subsection (f) as subsection (g); and 

(7) by inserting after subsection (e) the following: 

‘‘(f)(1) The Director may engage in fundraising in an official 

capacity for the benefit of nonprofit organizations that provide 

support to surviving family members of deceased Agency employees 

or that otherwise provide support for the welfare, education, or 

recreation of Agency employees, former Agency employees, or their 

family members. 

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

of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does 

not include the direct solicitation of money by any other means.’’. 

TITLE V—SECURITY CLEARANCE 

REFORM 

SEC. 501. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY 

INFORMATION REGARDING PERSONNEL WITH ACCESS TO 

CLASSIFIED INFORMATION. 

Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 

3024(j)) is amended— 

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

INFORMATION’’ and inserting ‘‘CLASSIFIED INFORMATION’’; 

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

a semicolon; 

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

a semicolon; and 

(4) by adding at the end the following new paragraphs: 

‘‘(5) ensure that the background of each employee or officer 

of an element of the intelligence community, each contractor 

to an element of the intelligence community, and each individual employee of such a contractor who has been determined 

to be eligible for access to classified information is monitored 

on a continual basis under standards developed by the Director, 

including with respect to the frequency of evaluation, during 

the period of eligibility of such employee or officer of an element 

of the intelligence community, such contractor, or such individual employee to such a contractor to determine whether 

such employee or officer of an element of the intelligence 

community, such contractor, and such individual employee of 

such a contractor continues to meet the requirements for eligibility for access to classified information; and 

‘‘(6) develop procedures to require information sharing 

between elements of the intelligence community concerning 

potentially derogatory security information regarding an 

employee or officer of an element of the intelligence community, 

a contractor to an element of the intelligence community, or 

an individual employee of such a contractor that may impact 

the eligibility of such employee or officer of an element of 

the intelligence community, such contractor, or such individual 

employee of such a contractor for a security clearance.’’. 
S. 1681—23 

SEC. 502. REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS. 

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

of 1947 (50 U.S.C. 3024) is amended by adding at the end the 

following new subsection: 

‘‘(x) REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS.—The Director of National Intelligence, in consultation with 

the head of each department of the Federal Government that contains an element of the intelligence community and the Director 

of the Central Intelligence Agency, shall— 

‘‘(1) ensure that— 

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

community with access to a classified network or classified 

information develops and operates a security plan that 

is consistent with standards established by the Director 

of National Intelligence for intelligence community networks; and 

‘‘(B) each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards; 

‘‘(2) conduct periodic assessments of each security plan 

required under paragraph (1)(A) to ensure such security plan 

complies with the requirements of such paragraph; and 

‘‘(3) ensure that the insider threat detection capabilities 

and insider threat policies of the intelligence community apply 

to facilities of contractors with access to a classified network.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall apply with respect to contracts entered into or renewed after 

the date of the enactment of this Act. 

SEC. 503. TECHNOLOGY IMPROVEMENTS TO SECURITY CLEARANCE 

PROCESSING. 

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

Office of Personnel Management, shall conduct an analysis of the 

relative costs and benefits of potential improvements to the process 

for investigating persons who are proposed for access to classified 

information and adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information. 

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

required by subsection (a), the Director of National Intelligence 

shall evaluate the costs and benefits associated with— 

(1) the elimination of manual processes in security clearance investigations and adjudications, if possible, and automating and integrating the elements of the investigation 

process, including— 

(A) the clearance application process; 

(B) case management; 

(C) adjudication management; 

(D) investigation methods for the collection, analysis, 

storage, retrieval, and transfer of data and records; and 

(E) records management for access and eligibility determinations; 

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

of databases and information sources that cannot be accessed 

and processed automatically electronically, or modification of 
S. 1681—24 

such databases and information sources, to enable electronic 

access and processing; 

(3) the use of government-developed and commercial technology for continuous monitoring and evaluation of government 

and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations; 

(4) the standardization of forms used for routine reporting 

required of cleared personnel (such as travel, foreign contacts, 

and financial disclosures) and use of continuous monitoring 

technology to access databases containing such reportable 

information to independently obtain and analyze reportable 

data and events; 

(5) the establishment of an authoritative central repository 

of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical 

barriers to rapid access to information necessary for eligibility 

determinations and reciprocal recognition thereof; 

(6) using digitally processed fingerprints, as a substitute 

for ink or paper prints, to reduce error rates and improve 

portability of data; 

(7) expanding the use of technology to improve an 

applicant’s ability to discover the status of a pending security 

clearance application or reinvestigation; and 

(8) using government and publicly available commercial 

data sources, including social media, that provide independent 

information pertinent to adjudication guidelines to improve 

quality and timeliness, and reduce costs, of investigations and 

reinvestigations. 

(c) REPORT TO CONGRESS.—Not later than 6 months after the 

date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress 

a report on the analysis required by subsection (a). 

SEC. 504. REPORT ON RECIPROCITY OF SECURITY CLEARANCES. 

The head of the entity selected pursuant to section 3001(b) 

of the Intelligence Reform and Terrorism Prevention Act of 2004 

(50 U.S.C. 3341(b)) shall submit to the appropriate committees 

of Congress a report each year through 2017 that describes for 

the preceding year— 

(1) the periods of time required by authorized adjudicative 

agencies for accepting background investigations and determinations completed by an authorized investigative entity or 

authorized adjudicative agency; 

(2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is accepted by 

another agency; 

(3) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is not accepted 

by another agency; and 

(4) such other information or recommendations as the head 

of the entity selected pursuant to such section 3001(b) considers 

appropriate. 
S. 1681—25 

SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION PROCESS. 

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

the enactment of this Act, and annually thereafter until December 

31, 2017, the Director of National Intelligence, in consultation with 

the Secretary of Defense and the Director of the Office of Personnel 

Management, shall transmit to the appropriate committees of Congress a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program. 

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

include— 

(1) an analysis of the costs and benefits associated with 

conducting periodic reinvestigations; 

(2) an analysis of the costs and benefits associated with 

replacing some or all periodic reinvestigations with a program 

of continuous evaluation; 

(3) a determination of how many risk-based and ad hoc 

periodic reinvestigations are necessary on an annual basis for 

each component of the Federal Government with employees 

with security clearances; 

(4) an analysis of the potential benefits of expanding the 

Government’s use of continuous evaluation tools as a means 

of improving the effectiveness and efficiency of procedures for 

confirming the eligibility of personnel for continued access to 

classified information; and 

(5) an analysis of how many personnel with out-of-scope 

background investigations are employed by, or contracted or 

detailed to, each element of the intelligence community. 

(c) PERIODIC REINVESTIGATIONS DEFINED.—In this section, the 

term ‘‘periodic reinvestigations’’ has the meaning given that term 

in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)). 

SEC. 506. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. 

In this title, the term ‘‘appropriate committees of Congress’’ 

means— 

(1) the congressional intelligence committees; 

(2) the Committee on Armed Services and the Committee 

on Homeland Security and Governmental Affairs of the Senate; 

and 

(3) the Committee on Armed Services and the Committee 

on Homeland Security of the House of Representatives. 

TITLE VI—INTELLIGENCE COMMUNITY 

WHISTLEBLOWER PROTECTIONS 

SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY WHISTLEBLOWERS. 

(a) IN GENERAL.—Title XI of the National Security Act of 1947 

(50 U.S.C. 3231 et seq.) is amended by adding at the end the 

following new section: 

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

‘‘(a) DEFINITIONS.—In this section: 

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

department or independent establishment, as defined under 
S. 1681—26 

sections 101 and 104 of title 5, United States Code, that contains an intelligence community element, except the Federal 

Bureau of Investigation. 

‘‘(2) COVERED INTELLIGENCE COMMUNITY ELEMENT.—The 

term ‘covered intelligence community element’— 

‘‘(A) means— 

‘‘(i) the Central Intelligence Agency, the Defense 

Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the 

Office of the Director of National Intelligence, and 

the National Reconnaissance Office; and 

‘‘(ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) 

of title 5, United States Code, to have as its principal 

function the conduct of foreign intelligence or counterintelligence activities; and 

‘‘(B) does not include the Federal Bureau of Investigation. 

‘‘(3) PERSONNEL ACTION.—The term ‘personnel action’ 

means, with respect to an employee in a position in a covered 

intelligence community element (other than a position excepted 

from the competitive service due to its confidential, policydetermining, policymaking, or policy-advocating character)— 

‘‘(A) an appointment; 

‘‘(B) a promotion; 

‘‘(C) a disciplinary or corrective action; 

‘‘(D) a detail, transfer, or reassignment; 

‘‘(E) a demotion, suspension, or termination; 

‘‘(F) a reinstatement or restoration; 

‘‘(G) a performance evaluation; 

‘‘(H) a decision concerning pay, benefits, or awards; 

‘‘(I) a decision concerning education or training if such 

education or training may reasonably be expected to lead 

to an appointment, promotion, or performance evaluation; 

or 

‘‘(J) any other significant change in duties, responsibilities, or working conditions. 

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

authority to take, direct others to take, recommend, or approve 

any personnel action, shall not, with respect to such authority, 

take or fail to take a personnel action with respect to any employee 

of a covered intelligence community element as a reprisal for a 

lawful disclosure of information by the employee to the Director 

of National Intelligence (or an employee designated by the Director 

of National Intelligence for such purpose), the Inspector General 

of the Intelligence Community, the head of the employing agency 

(or an employee designated by the head of that agency for such 

purpose), the appropriate inspector general of the employing agency, 

a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably 

believes evidences— 

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

or 

‘‘(2) mismanagement, a gross waste of funds, an abuse 

of authority, or a substantial and specific danger to public 

health or safety. 
S. 1681—27 

‘‘(c) ENFORCEMENT.—The President shall provide for the 

enforcement of this section. 

‘‘(d) EXISTING RIGHTS PRESERVED.—Nothing in this section shall 

be construed to— 

‘‘(1) preempt or preclude any employee, or applicant for 

employment, at the Federal Bureau of Investigation from exercising rights provided under any other law, rule, or regulation, 

including section 2303 of title 5, United States Code; or 

‘‘(2) repeal section 2303 of title 5, United States Code.’’. 

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

in the first section of the National Security Act of 1947 is amended 

by adding at the end the following new item: 

‘‘Sec. 1104. Prohibited personnel practices in the intelligence community.’’. 

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

(a) GENERAL RESPONSIBILITY.— (1) IN GENERAL.—Section 3001(b) of the Intelligence Reform 

and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)) is 

amended— 

(A) in the matter preceding paragraph (1), by striking 

‘‘Not’’ and inserting ‘‘Except as otherwise provided, not’’; 

(B) in paragraph (5), by striking ‘‘and’’ after the semicolon; 

(C) in paragraph (6), by striking the period at the 

end and inserting ‘‘; and’’; and 

(D) by inserting after paragraph (6) the following: 

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

of the Intelligence Authorization Act for Fiscal Year 2014— 

‘‘(A) developing policies and procedures that permit, 

to the extent practicable, individuals to appeal a determination to suspend or revoke a security clearance or access 

to classified information and to retain their government 

employment status while such challenge is pending; and 

‘‘(B) developing and implementing uniform and consistent policies and procedures to ensure proper protections 

during the process for denying, suspending, or revoking 

a security clearance or access to classified information, 

including the ability to appeal such a denial, suspension, 

or revocation, except that there shall be no appeal of an 

agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if 

that suspension lasts no longer than 1 year or the head 

of the agency or a designee of the head of the agency 

certifies that a longer suspension is needed before a final 

decision on denial or revocation to prevent imminent harm 

to the national security.’’. 

(2) REQUIRED ELEMENTS OF POLICIES AND PROCEDURES.— 

The policies and procedures for appeal developed under paragraph (7) of section 3001(b) of the Intelligence Reform and 

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

shall provide for the Inspector General of the Intelligence 

Community, or the inspector general of the employing agency, 

to conduct fact-finding and report to the agency head or the 

designee of the agency head within 180 days unless the 

employee and the agency agree to an extension or the investigating inspector general determines in writing that a greater 
S. 1681—28 

period of time is required. To the fullest extent possible, such 

fact-finding shall include an opportunity for the employee to 

present relevant evidence such as witness testimony. 

(b) RETALIATORY REVOCATION OF SECURITY CLEARANCES AND

ACCESS DETERMINATIONS.—Section 3001 of the Intelligence Reform 

and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is amended 

by adding at the end the following: 

‘‘(j) RETALIATORY REVOCATION OF SECURITY CLEARANCES AND

ACCESS DETERMINATIONS.— 

‘‘(1) IN GENERAL.—Agency personnel with authority over 

personnel security clearance or access determinations shall not 

take or fail to take, or threaten to take or fail to take, any 

action with respect to any employee’s security clearance or 

access determination in retaliation for— 

‘‘(A) any lawful disclosure of information to the Director 

of National Intelligence (or an employee designated by 

the Director of National Intelligence for such purpose) or 

the head of the employing agency (or employee designated 

by the head of that agency for such purpose) by an employee 

that the employee reasonably believes evidences— 

‘‘(i) a violation of any Federal law, rule, or regulation; or 

‘‘(ii) gross mismanagement, a gross waste of funds, 

an abuse of authority, or a substantial and specific 

danger to public health or safety; 

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

of an agency or another employee designated by the head 

of the agency to receive such disclosures, of information 

which the employee reasonably believes evidences— 

‘‘(i) a violation of any Federal law, rule, or regulation; or 

‘‘(ii) gross mismanagement, a gross waste of funds, 

an abuse of authority, or a substantial and specific 

danger to public health or safety; 

‘‘(C) any lawful disclosure that complies with— 

‘‘(i) subsections (a)(1), (d), and (h) of section 8H 

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

‘‘(ii) subparagraphs (A), (D), and (H) of section 

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

(50 U.S.C. 3517(d)(5)); or 

‘‘(iii) subparagraphs (A), (D), and (I) of section 

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

U.S.C. 3033(k)(5)); and 

‘‘(D) if the actions do not result in the employee or 

applicant unlawfully disclosing information specifically 

required by Executive order to be kept classified in the 

interest of national defense or the conduct of foreign affairs, 

any lawful disclosure in conjunction with— 

‘‘(i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; 

‘‘(ii) testimony for or otherwise lawfully assisting 

any individual in the exercise of any right referred 

to in clause (i); or 

‘‘(iii) cooperation with or disclosing information to 

the Inspector General of an agency, in accordance with 

applicable provisions of law in connection with an 
S. 1681—29 

audit, inspection, or investigation conducted by the 

Inspector General. 

‘‘(2) RULE OF CONSTRUCTION.—Consistent with the protection of sources and methods, nothing in paragraph (1) shall 

be construed to authorize the withholding of information from 

Congress or the taking of any personnel action against an 

employee who lawfully discloses information to Congress. 

‘‘(3) DISCLOSURES.— 

‘‘(A) IN GENERAL.—A disclosure shall not be excluded 

from paragraph (1) because— 

‘‘(i) the disclosure was made to a person, including 

a supervisor, who participated in an activity that the 

employee reasonably believed to be covered by paragraph (1)(A)(ii); 

‘‘(ii) the disclosure revealed information that had 

been previously disclosed; 

‘‘(iii) the disclosure was not made in writing; 

‘‘(iv) the disclosure was made while the employee 

was off duty; or 

‘‘(v) of the amount of time which has passed since 

the occurrence of the events described in the disclosure. 

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

normal course of duties of an employee, the disclosure 

shall not be excluded from paragraph (1) if any employee 

who has authority to take, direct others to take, recommend, or approve any personnel action with respect 

to the employee making the disclosure, took, failed to take, 

or threatened to take or fail to take a personnel action 

with respect to that employee in reprisal for the disclosure. 

‘‘(4) AGENCY ADJUDICATION.— 

‘‘(A) REMEDIAL PROCEDURE.—An employee or former 

employee who believes that he or she has been subjected 

to a reprisal prohibited by paragraph (1) may, within 90 

days after the issuance of notice of such decision, appeal 

that decision within the agency of that employee or former 

employee through proceedings authorized by subsection 

(b)(7), except that there shall be no appeal of an agency’s 

suspension of a security clearance or access determination 

for purposes of conducting an investigation, if that suspension lasts not longer than 1 year (or a longer period in 

accordance with a certification made under subsection 

(b)(7)). 

‘‘(B) CORRECTIVE ACTION.—If, in the course of proceedings authorized under subparagraph (A), it is determined that the adverse security clearance or access determination violated paragraph (1), the agency shall take 

specific corrective action to return the employee or former 

employee, as nearly as practicable and reasonable, to the 

position such employee or former employee would have 

held had the violation not occurred. Such corrective action 

may include back pay and related benefits, travel expenses, 

and compensatory damages not to exceed $300,000. 

‘‘(C) CONTRIBUTING FACTOR.—In determining whether 

the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph 

(1) was violated if a disclosure described in paragraph 
S. 1681—30 

(1) was a contributing factor in the adverse security clearance or access determination taken against the individual, 

unless the agency demonstrates by a preponderance of 

the evidence that it would have taken the same action 

in the absence of such disclosure, giving the utmost deference to the agency’s assessment of the particular threat 

to the national security interests of the United States in 

the instant matter. 

‘‘(5) APPELLATE REVIEW OF SECURITY CLEARANCE ACCESS

DETERMINATIONS BY DIRECTOR OF NATIONAL INTELLIGENCE.— ‘‘(A) APPEAL.—Within 60 days after receiving notice 

of an adverse final agency determination under a proceeding under paragraph (4), an employee or former 

employee may appeal that determination in accordance 

with the procedures established under subparagraph (B). 

‘‘(B) POLICIES AND PROCEDURES.—The Director of 

National Intelligence, in consultation with the Attorney 

General and the Secretary of Defense, shall develop and 

implement policies and procedures for adjudicating the 

appeals authorized by subparagraph (A). 

‘‘(C) CONGRESSIONAL NOTIFICATION.—Consistent with 

the protection of sources and methods, at the time the 

Director of National Intelligence issues an order regarding 

an appeal pursuant to the policies and procedures established by this paragraph, the Director of National Intelligence shall notify the congressional intelligence committees. 

‘‘(6) JUDICIAL REVIEW.—Nothing in this section shall be 

construed to permit or require judicial review of any— 

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

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

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

shall be construed to permit, authorize, or require a private 

cause of action to challenge the merits of a security clearance 

determination.’’. 

(c) ACCESS DETERMINATION DEFINED.—Section 3001(a) of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (50 

U.S.C. 3341(a)) is amended by adding at the end the following: 

‘‘(9) ACCESS DETERMINATION.—The term ‘access determination’ means the determination regarding whether an 

employee— 

‘‘(A) is eligible for access to classified information in 

accordance with Executive Order 12968 (60 Fed. Reg. 

40245; relating to access to classified information), or any 

successor thereto, and Executive Order 10865 (25 Fed. 

Reg. 1583; relating to safeguarding classified information 

with industry), or any successor thereto; and 

‘‘(B) possesses a need to know under such an Order.’’. 

(d) EXISTING RIGHTS PRESERVED.—Nothing in this section or 

the amendments made by this section shall be construed to preempt, 

preclude, or otherwise prevent an individual from exercising rights, 

remedies, or avenues of redress currently provided under any other 

law, regulation, or rule. 

(e) RULE OF CONSTRUCTION.—Nothing in section 3001 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (50 

U.S.C. 3341), as amended by this title, shall be construed to require 
S. 1681—31 

the repeal or replacement of agency appeal procedures implementing Executive Order 12968 (60 Fed. Reg. 40245; relating to 

access to classified information), or any successor thereto, and 

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

classified information with industry), or any successor thereto, that 

meet the requirements of paragraph (7) of section 3001(b) of such 

Act, as added by this section. 

SEC. 603. REVISIONS OF OTHER LAWS. 

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

Inspector General Act of 1978 (5 U.S.C. App.) is amended— 

(1) in subsection (b)— 

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

(B) by adding at the end the following: 

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

or information transmitted under paragraph (1) would create a 

conflict of interest for the head of the establishment, the head 

of the establishment shall return the complaint or information 

to the Inspector General with that determination and the Inspector 

General shall make the transmission to the Director of National 

Intelligence and, if the establishment is within the Department 

of Defense, to the Secretary of Defense. In such a case, the requirements of this section for the head of the establishment apply to 

each recipient of the Inspector General’s transmission.’’; 

(2) by redesignating subsection (h) as subsection (i); and 

(3) by inserting after subsection (g) the following: 

‘‘(h) An individual who has submitted a complaint or information to an Inspector General under this section may notify any 

member of the Permanent Select Committee on Intelligence of 

the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, 

of the fact that such individual has made a submission to that 

particular Inspector General, and of the date on which such submission was made.’’. 

(b) CENTRAL INTELLIGENCE AGENCY.—Section 17(d)(5) of the 

Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is 

amended— 

(1) in subparagraph (B)— 

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

(B) by adding at the end the following: 

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

transmitted under paragraph (1) would create a conflict of interest 

for the Director, the Director shall return the complaint or information to the Inspector General with that determination and the 

Inspector General shall make the transmission to the Director 

of National Intelligence. In such a case, the requirements of this 

subsection for the Director of the Central Intelligence Agency apply 

to the Director of National Intelligence’’; and 

(2) by adding at the end the following: 

‘‘(H) An individual who has submitted a complaint or information to the Inspector General under this section may notify any 

member of the Permanent Select Committee on Intelligence of 

the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, 

of the fact that such individual has made a submission to the 

Inspector General, and of the date on which such submission was 

made.’’. 
S. 1681—32 

(c) NATIONAL SECURITY ACT OF 1947.—Section 103H(k)(5) of 

the National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended 

by adding at the end the following: 

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

to the Inspector General under this section may notify any member 

of either of the congressional intelligence committees, or a staff 

member of either of such committees, of the fact that such individual 

has made a submission to the Inspector General, and of the date 

on which such submission was made.’’. 

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

(a) COVERED INTELLIGENCE COMMUNITY ELEMENT DEFINED.— 

In this section, the term ‘‘covered intelligence community element’’— 

(1) means— 

(A) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence 

Agency, the National Security Agency, the Office of the 

Director of National Intelligence, and the National Reconnaissance Office; and 

(B) any executive agency or unit thereof determined 

by the President under section 2302(a)(2)(C)(ii) of title 5, 

United States Code, to have as its principal function the 

conduct of foreign intelligence or counterintelligence activities; and 

(2) does not include the Federal Bureau of Investigation. 

(b) REGULATIONS.—In consultation with the Secretary of 

Defense, the Director of National Intelligence shall develop policies 

and procedures to ensure that a personnel action shall not be 

taken against an employee of a covered intelligence community 

element as a reprisal for any disclosure of information described 

in 1104 of the National Security Act of 1947, as added by section 

601 of this Act. 

(c) REPORT ON THE STATUS OF IMPLEMENTATION OF REGULATIONS.—Not later than 2 years after the date of the enactment 

of this Act, the Director of National Intelligence shall submit a 

report on the status of the implementation of the regulations 

promulgated under subsection (b) to the congressional intelligence 

committees. 

(d) NONAPPLICABILITY TO CERTAIN TERMINATIONS.—Section 

1104 of the National Security Act of 1947, as added by section 

601 of this Act, and section 3001 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended 

by section 602 of this Act, shall not apply if— 

(1) the affected employee is concurrently terminated 

under— 

(A) section 1609 of title 10, United States Code; 

(B) the authority of the Director of National Intelligence under section 102A(m) of the National Security 

Act of 1947 (50 U.S.C. 3024(m)), if the Director determines 

that the termination is in the interest of the United States; 

(C) the authority of the Director of the Central Intelligence Agency under section 104A(e) of the National Security Act of 1947 (50 U.S.C. 3036(e)), if the Director determines that the termination is in the interest of the United 

States; or 
S. 1681—33 

(D) section 7532 of title 5, United States Code, if the 

head of the agency determines that the termination is 

in the interest of the United States; and 

(2) not later than 30 days after such termination, the 

head of the agency that employed the affected employee notifies 

the congressional intelligence committees of the termination. 

TITLE VII—TECHNICAL AMENDMENTS 

SEC. 701. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE 

AGENCY ACT OF 1949. 

Section 21 of the Central Intelligence Agency Act of 1949 (50 

U.S.C. 3521) is amended— 

(1) in subsection (b)(1)(D), by striking ‘‘section (a)’’ and 

inserting ‘‘subsection (a)’’; and 

(2) in subsection (c)(2)(E), by striking ‘‘provider.’’ and 

inserting ‘‘provider’’. 

SEC. 702. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT 

OF 1947 RELATING TO THE PAST ELIMINATION OF CERTAIN 

POSITIONS. 

Section 101(a) of the National Security Act of 1947 (50 U.S.C. 

3021(a)) is amended— 

(1) in paragraph (5), by striking the semicolon and inserting 

‘‘; and’’; 

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

(3) by redesignating paragraph (8) as paragraph (6); and 

(4) in paragraph (6) (as so redesignated), by striking ‘‘the 

Chairman of the Munitions Board, and the Chairman of the 

Research and Development Board,’’. 

SEC. 703. TECHNICAL AMENDMENTS TO THE INTELLIGENCE 

AUTHORIZATION ACT FOR FISCAL YEAR 2013. 

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

Act for Fiscal Year 2013 (Public Law 112–277; 126 Stat. 2478) 

is amended— 

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

(5) of section 605’’; and 

(2) by inserting ‘‘, as redesignated by section 310(a)(4)(B) 

of this Act,’’ before ‘‘is amended’’. 
S. 1681—34 

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

(a) shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112– 

277). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.