II 

Calendar No. 141 

114TH CONGRESS 

1ST SESSION S. 1705 

To authorize appropriations for fiscal year 2016 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 7, 2015 

Mr. BURR from the Select Committee on Intelligence, reported the following 

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

A BILL 

To authorize appropriations for fiscal year 2016 for intelligence and intelligence-related activities of the United 

States Government, the Community Management Account, and the Central Intelligence Agency Retirement 

and Disability System, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Intelligence Authorization Act for Fiscal Year 2016’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Budgetary effects. 

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. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

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

Sec. 302. Restriction on conduct of intelligence activities. 

Sec. 303. Notification of appointment and separation of senior level personnel 

of the intelligence community. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Director of National Intelligence 

Sec. 401. Appointment and confirmation of the National Counterintelligence 

Executive. 

Sec. 402. Inclusion of Inspector General of the Intelligence Community in 

Council of Inspectors General on Integrity and Efficiency. 

Sec. 403. Provision of information and assistance to Inspector General of the 

Intelligence Community. 

Subtitle B—Central Intelligence Agency 

Sec. 411. Analytic objectivity review. 

Sec. 412. Authorities of the Inspector General for the Central Intelligence 

Agency. 

TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES 

Subtitle A—Matters Relating to Russia 

Sec. 501. Notice of deployment or transfer of Club-K container missile system 

by the Russian Federation. 

Sec. 502. Assessment on the funding of political parties and nongovernmental 

organizations by the Russian Federation. 

Sec. 503. Assessment on the use of political assassinations as a form of 

statecraft by the Russian Federation. 

Subtitle B—Matters Relating to Other Countries 


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Sec. 511. Report on resources and collection posture with regard to the South 

China Sea and East China Sea. 

Sec. 512. Replacement of locally employed staff serving at United States diplomatic facilities in Cuba. 

Sec. 513. Inclusion of sensitive compartmented information facilities in United 

States diplomatic facilities in Cuba. 

Sec. 514. Report on use by Iran of funds made available through sanctions relief. 

TITLE VI—GENERAL PROVISIONS 

Sec. 601. Intelligence oversight exception for contractual non-disclosure provisions. 

Sec. 602. Notification of changes to retention of call detail record policies. 

Sec. 603. Requirement to report terrorist activities and the unlawful distribution of information relating to explosives. 

Sec. 604. Broadening the scope of the Office of the Director of National Intelligence tradecraft review. 

Sec. 605. Strategy for comprehensive interagency review of the United States 

national security overhead satellite architecture. 

Sec. 606. Unauthorized dealings in special nuclear material. 

Sec. 607. Enhancing government personnel security programs. 

Sec. 608. Technical amendments relating to pay under title 5, United States 

Code. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE COMMITTEES OF CON4 GRESS.—The term ‘‘appropriate committees of Con5 gress’’ means— 

6 (A) the congressional intelligence commit7 tees; 

8 (B) the Committee on Armed Services and 

9 the Committee on Foreign Relations of the Sen10 ate; and 

11 (C) the Committee on Armed Services and 

12 the Committee on Foreign Affairs of the House 

13 of Representatives. 


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1 (2) CONGRESSIONAL INTELLIGENCE COMMIT2 TEES.—The term ‘‘congressional intelligence com3 mittees’’ means— 

4 (A) the Select Committee on Intelligence of 

5 the Senate; and 

6 (B) the Permanent Select Committee on 

7 Intelligence of the House of Representatives. 

8 (3) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

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

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

12 SEC. 3. BUDGETARY EFFECTS. 

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

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

15 shall be determined by reference to the latest statement 

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

17 Act, submitted for printing in the Congressional Record 

18 by the Chairman of the Senate Budget Committee, pro19 vided that such statement has been submitted prior to the 

20 vote on passage. 

21 TITLE I—INTELLIGENCE 

22 ACTIVITIES 

23 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2016 for the conduct of the intelligence and 


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1 intelligence-related activities of the following elements of 

2 the United States Government: 

3 (1) The Office of the Director of National Intel4 ligence. 

5 (2) The Central Intelligence Agency. 

6 (3) The Department of Defense. 

7 (4) The Defense Intelligence Agency. 

8 (5) The National Security Agency. 

9 (6) The Department of the Army, the Depart10 ment of the Navy, and the Department of the Air 

11 Force. 

12 (7) The Coast Guard. 

13 (8) The Department of State. 

14 (9) The Department of the Treasury. 

15 (10) The Department of Energy. 

16 (11) The Department of Justice. 

17 (12) The Federal Bureau of Investigation. 

18 (13) The Drug Enforcement Administration. 

19 (14) The National Reconnaissance Office. 

20 (15) The National Geospatial-Intelligence Agen21 cy. 

22 (16) The Department of Homeland Security. 

23 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

24 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

25 LEVELS.—The amounts authorized to be appropriated 


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1 under section 101 and, subject to section 103, the author2 ized personnel ceilings as of September 30, 2016, for the 

3 conduct of the intelligence activities of the elements listed 

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

5 specified in the classified Schedule of Authorizations pre6 pared to accompany the bill S. 1705 of the One Hundred 

7 Fourteenth Congress. 

8 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU9 THORIZATIONS.— 

10 (1) AVAILABILITY.—The classified Schedule of 

11 Authorizations referred to in subsection (a) shall be 

12 made available to the Committee on Appropriations 

13 of the Senate, the Committee on Appropriations of 

14 the House of Representatives, and to the President. 

15 (2) DISTRIBUTION BY THE PRESIDENT.—Sub16 ject to paragraph (3), the President shall provide for 

17 suitable distribution of the classified Schedule of Au18 thorizations, or of appropriate portions of the Sched19 ule, within the executive branch. 

20 (3) LIMITS ON DISCLOSURE.—The President 

21 shall not publicly disclose the classified Schedule of 

22 Authorizations or any portion of such Schedule ex23 cept— 


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

2 Implementing Recommendations of the 9/11 

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

4 (B) to the extent necessary to implement 

5 the budget; or 

6 (C) as otherwise required by law. 

7 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

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

9 National Intelligence may authorize employment of civil10 ian personnel in excess of the number authorized for fiscal 

11 year 2016 by the classified Schedule of Authorizations re12 ferred to in section 102(a) if the Director of National In13 telligence determines that such action is necessary to the 

14 performance of important intelligence functions, except 

15 that the number of personnel employed in excess of the 

16 number authorized under such section may not, for any 

17 element of the intelligence community, exceed 3 percent 

18 of the number of civilian personnel authorized under such 

19 Schedule for such element. 

20 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di21 rector of National Intelligence shall establish guidelines 

22 that govern, for each element of the intelligence commu23 nity, the treatment under the personnel levels authorized 

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

25 personnel levels, of employment or assignment in— 


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

2 similar program; 

3 (2) a reserve corps or as a reemployed annu4 itant; or 

5 (3) a detail, joint duty, or long term, full-time 

6 training. 

7 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

8 COMMITTEES.—The Director of National Intelligence 

9 shall notify the congressional intelligence committees in 

10 writing at least 15 days prior to each exercise of an au11 thority described in subsection (a). 

12 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC13 COUNT. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated for the Intelligence Commu16 nity Management Account of the Director of National In17 telligence for fiscal year 2016 the sum of $520,073,000. 

18 Within such amount, funds identified in the classified 

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

20 for advanced research and development shall remain avail21 able until September 30, 2017. 

22 (b) AUTHORIZED PERSONNEL LEVELS.—The ele23 ments within the Intelligence Community Management 

24 Account of the Director of National Intelligence are au25 thorized 785 positions as of September 30, 2015. PerVerDate Sep 11 2014 23:09 Jul 07, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1705.PCS S1705

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1 sonnel serving in such elements may be permanent em2 ployees of the Office of the Director of National Intel3 ligence or personnel detailed from other elements of the 

4 United States Government. 

5 (c) CLASSIFIED AUTHORIZATIONS.— 

6 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

7 addition to amounts authorized to be appropriated 

8 for the Intelligence Community Management Ac9 count by subsection (a), there are authorized to be 

10 appropriated for the Community Management Ac11 count for fiscal year 2015 such additional amounts 

12 as are specified in the classified Schedule of Author13 izations referred to in section 102(a). Such addi14 tional amounts for advanced research and develop15 ment shall remain available until September 30, 

16 2017. 

17 (2) AUTHORIZATION OF PERSONNEL.—In addi18 tion to the personnel authorized by subsection (b) 

19 for elements of the Intelligence Community Manage20 ment Account as of September 30, 2016, there are 

21 authorized such additional personnel for the Com22 munity Management Account as of that date as are 

23 specified in the classified Schedule of Authorizations 

24 referred to in section 102(a). 


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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

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

8 for fiscal year 2016 the sum of $514,000,000. 

9 TITLE III—GENERAL INTEL10 LIGENCE COMMUNITY MAT11 TERS 

12 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

13 BENEFITS AUTHORIZED BY LAW. 

14 Appropriations authorized by this Act for salary, pay, 

15 retirement, and other benefits for Federal employees may 

16 be increased by such additional or supplemental amounts 

17 as may be necessary for increases in such compensation 

18 or benefits authorized by law. 

19 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

20 ACTIVITIES. 

21 The authorization of appropriations by this Act shall 

22 not be deemed to constitute authority for the conduct of 

23 any intelligence activity which is not otherwise authorized 

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


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1 SEC. 303. NOTIFICATION OF APPOINTMENT AND SEPARA2 TION OF SENIOR LEVEL PERSONNEL OF THE 

3 INTELLIGENCE COMMUNITY. 

4 (a) REQUIREMENT TO NOTIFY.—The Director of Na5 tional Intelligence shall establish a policy to ensure that 

6 the head of each appropriate element of the intelligence 

7 community shall notify the appropriate committees of 

8 Congress, on a quarterly basis, of each appointment of an 

9 individual to or separation from a senior level position dur10 ing the previous 3-month period. 

11 (b) SENIOR LEVEL POSITION DEFINED.—For the 

12 purpose of this section, the term ‘‘senior level position’’ 

13 shall include positions in the Senior National Intelligence 

14 Service, the Senior Intelligence Service, the Senior Execu15 tive Service, the Defense Intelligence Senior Executive 

16 Service, a Defense Intelligence Senior Leader, or similar 

17 position within the intelligence community. 

18 (c) NOTIFICATION OF APPOINTMENT.—A notification 

19 of the appointment of an individual to a senior level posi20 tion required by subsection (a) shall include the following: 

21 (1) A summary of the significant previous em22 ployment and accomplishments of the individual, 

23 such as a career biography and any academic de24 grees earned. 

25 (2) Any other information appropriate to dem26 onstrate that the individual is well-qualified to meet 


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1 the needs of the intelligence community and that 

2 there is no significant and credible information to 

3 suggest that the individual is unfit or unqualified for 

4 such a position. 

5 (d) NOTIFICATION OF SEPARATION.—A notification 

6 of a separation of an individual from a senior level position 

7 required by subsection (a) shall include the effective date 

8 of the separation. 

9 TITLE IV—MATTERS RELATING 

10 TO ELEMENTS OF THE INTEL11 LIGENCE COMMUNITY 

12 Subtitle A—Director of National 

13 Intelligence 

14 SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NA15 TIONAL COUNTERINTELLIGENCE EXECUTIVE. 

16 Section 902(a) of the Counterintelligence Enhance17 ment Act of 2002 (50 U.S.C. 3382) is amended to read 

18 as follows: 

19 ‘‘(a) ESTABLISHMENT.—(1) There shall be a Na20 tional Counterintelligence Executive who shall be ap21 pointed by the President, by and with the advice and con22 sent of the Senate. 

23 ‘‘(2) The President shall make an initial appointment 

24 of the National Counterintelligence Executive under para25 graph (1) not later than one year after the date of the 


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1 enactment of the Intelligence Authorization Act for Fiscal 

2 Year 2016.’’. 

3 SEC. 402. INCLUSION OF INSPECTOR GENERAL OF THE IN4 TELLIGENCE COMMUNITY IN COUNCIL OF IN5 SPECTORS GENERAL ON INTEGRITY AND EF6 FICIENCY. 

7 Section 11(b)(1)(B) of the Inspector General Act of 

8 1978 (Public Law 95–452; 5 U.S.C. App.) is amended by 

9 striking ‘‘Office of the Director of National Intelligence’’ 

10 and inserting ‘‘Intelligence Community’’. 

11 SEC. 403. PROVISION OF INFORMATION AND ASSISTANCE 

12 TO INSPECTOR GENERAL OF THE INTEL13 LIGENCE COMMUNITY. 

14 Section 103H(j)(4) of the National Security Act of 

15 1947 (50 U.S.C. 3033(j)(4)) is amended— 

16 (1) in subparagraph (A), by striking ‘‘any de17 partment, agency, or other element of the United 

18 States Government’’ and inserting ‘‘any Federal, 

19 State (as defined in section 804), or local govern20 mental agency or unit thereof’’; and 

21 (2) in subparagraph (B), by inserting ‘‘from a 

22 department, agency, or element of the Federal Gov23 ernment’’ before ‘‘under subparagraph (A)’’. 


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1 Subtitle B—Central Intelligence 

2 Agency 

3 SEC. 411. ANALYTIC OBJECTIVITY REVIEW. 

4 (a) ASSESSMENT.—The Director of National Intel5 ligence shall assign the Chief of the Analytic Integrity and 

6 Standards Group, in consultation with the Senior Analytic 

7 Service at the Central Intelligence Agency, to conduct a 

8 review of finished intelligence products produced by the 

9 Central Intelligence Agency to assess whether the reorga10 nization of the Agency, announced publicly on March 6, 

11 2015, has resulted in any loss of analytic objectivity. 

12 (b) SUBMISSION.—Not later than March 6, 2017, the 

13 Director of National Intelligence shall submit to the con14 gressional intelligence committees, in writing, the results 

15 of the review required under subsection (a), including— 

16 (1) an assessment comparing a representative 

17 sample of finished intelligence products produced by 

18 the Central Intelligence Agency before the reorga19 nization and a representative sample of such finished 

20 intelligence products produced after the reorganiza21 tion, with a focus on the analytic standard of objec22 tivity; 

23 (2) an assessment comparing the historical re24 sults of anonymous surveys of Central Intelligence 

25 Agency analysts and customers conducted before the 


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1 reorganization and the results of such anonymous 

2 surveys conducted after the reorganization, with a 

3 focus on the analytic standard of objectivity; 

4 (3) a metrics-based evaluation measuring the 

5 effect that the reorganization’s integration of oper6 ational, analytic, support, technical, and digital per7 sonnel and capabilities into Mission Centers has had 

8 on analytic objectivity; and 

9 (4) any recommendations for ensuring that 

10 Central Intelligence Agency analysts perform their 

11 functions with objectivity, are not unduly con12 strained, and are not influenced by the force of pref13 erence for a particular policy. 

14 SEC. 412. AUTHORITIES OF THE INSPECTOR GENERAL FOR 

15 THE CENTRAL INTELLIGENCE AGENCY. 

16 (a) INFORMATION AND ASSISTANCE.—Paragraph (9) 

17 of section 17(e) of the Central Intelligence Agency Act of 

18 1949 (50 U.S.C. 3517(e)(9)) is amended to read as fol19 lows: 

20 ‘‘(9)(A) The Inspector General may request such in21 formation or assistance as may be necessary for carrying 

22 out the duties and responsibilities of the Inspector General 

23 provided by this section from any Federal, State, or local 

24 governmental agency or unit thereof. 


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1 ‘‘(B) Upon request of the Inspector General for infor2 mation or assistance from a department or agency of the 

3 Federal Government, the head of the department or agen4 cy involved, insofar as practicable and not in contravention 

5 of any existing statutory restriction or regulation of such 

6 department or agency, shall furnish to the Inspector Gen7 eral, or to an authorized designee, such information or as8 sistance. 

9 ‘‘(C) Nothing in this paragraph may be construed to 

10 provide any new authority to the Central Intelligence 

11 Agency to conduct intelligence activity in the United 

12 States. 

13 ‘‘(D) In this paragraph, the term State means each 

14 of the several States, the District of Columbia, the Com15 monwealth of Puerto Rico, the Commonwealth of the 

16 Northern Mariana Islands, and any territory or possession 

17 of the United States.’’. 

18 (b) TECHNICAL AMENDMENTS RELATING TO SELEC19 TION OF EMPLOYEES.—Paragraph (7) of such section (50 

20 U.S.C. 3517(e)(7)) is amended— 

21 (1) by inserting ‘‘(A)’’ before ‘‘Subject to appli22 cable law’’; and 

23 (2) by adding at the end the following new sub24 paragraph: 


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1 ‘‘(B) Consistent with budgetary and personnel re2 sources allocated by the Director, the Inspector General 

3 has final approval of— 

4 ‘‘(i) the selection of internal and external can5 didates for employment with the Office of Inspector 

6 General; and 

7 ‘‘(ii) all other personnel decisions concerning 

8 personnel permanently assigned to the Office of In9 spector General, including selection and appointment 

10 to the Senior Intelligence Service, but excluding all 

11 security-based determinations that are not within 

12 the authority of a head of other Central Intelligence 

13 Agency offices.’’. 

14 TITLE V—MATTERS RELATING 

15 TO FOREIGN COUNTRIES 

16 Subtitle A—Matters Relating to 

17 Russia 

18 SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF 

19 CLUB-K CONTAINER MISSILE SYSTEM BY THE 

20 RUSSIAN FEDERATION. 

21 (a) NOTICE TO CONGRESS.—The Director of Na22 tional Intelligence shall submit to the appropriate commit23 tees of Congress written notice if the intelligence commu24 nity receives intelligence that the Russian Federation 

25 has— 


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1 (1) deployed, or is about to deploy, the Club-K 

2 container missile system through the Russian mili3 tary; or 

4 (2) transferred or sold, or intends to transfer or 

5 sell, the Club-K container missile system to another 

6 state or non-state actor. 

7 (b) NOTICE TO CONGRESSIONAL INTELLIGENCE

8 COMMITTEES.—Not later than 30 days after the date that 

9 a notice is submitted under subsection (a), the Director 

10 of National Intelligence shall submit to the congressional 

11 intelligence committees a written update regarding any in12 telligence community engagement with a foreign partner 

13 on the deployment and impacts of a deployment of the 

14 Club-K container missile system to any potentially im15 pacted nation. 

16 SEC. 502. ASSESSMENT ON THE FUNDING OF POLITICAL 

17 PARTIES AND NONGOVERNMENTAL ORGANI18 ZATIONS BY THE RUSSIAN FEDERATION. 

19 Not later than 180 days after the date of the enact20 ment of this Act, the Director of National Intelligence 

21 shall submit to the appropriate committees of Congress 

22 an intelligence community assessment on the funding of 

23 political parties and nongovernmental organizations in 

24 former Soviet States and Europe by the Russian Federa25 tion and the Russian Federation security and intelligence 


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1 services since January 1, 2006. Such assessment shall in2 clude the country involved, the entity funded, the security 

3 service involved, and the intended impact. 

4 SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSAS5 SINATIONS AS A FORM OF STATECRAFT BY 

6 THE RUSSIAN FEDERATION. 

7 (a) REQUIREMENT FOR ASSESSMENT.—Not later 

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

9 the Director of National Intelligence shall submit to the 

10 appropriate committees of Congress an intelligence com11 munity assessment on the use of political assassinations 

12 as a form of statecraft by the Russian Federation since 

13 January 1, 2000. 

14 (b) CONTENT.—The assessment required by sub15 section (a) shall include— 

16 (1) a list of Russian politicians, businessmen, 

17 dissidents, journalists, current or former government 

18 officials, foreign heads-of-state, foreign political lead19 ers, foreign journalists, members of nongovern20 mental organization, and other relevant individuals 

21 that the intelligence community assesses were assas22 sinated by Russian Security Services, or agents of 

23 such Services, since January 1, 2000; and 

24 (2) for each individual described in paragraph 

25 (1), the country in which the assassination took 


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1 place, the means used, associated individuals and or2 ganizations, and other background information re3 lated to the assassination of the individual. 

4 Subtitle B—Matters Relating to 

5 Other Countries 

6 SEC. 511. REPORT ON RESOURCES AND COLLECTION POS7 TURE WITH REGARD TO THE SOUTH CHINA 

8 SEA AND EAST CHINA SEA. 

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

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

11 Intelligence shall submit to the congressional intelligence 

12 committees an intelligence community assessment on the 

13 resources utilized for collection efforts and the collection 

14 posture of the intelligence community with regard to the 

15 South China Sea and East China Sea. 

16 (b) ELEMENTS.—The intelligence community assess17 ment required by subsection (a) shall provide detailed in18 formation related to United States intelligence collection 

19 with regard to the South China Sea and East China Sea, 

20 to include— 

21 (1) a review of intelligence community collection 

22 activities and a description of these activities, to in23 clude the lead agency, key partners, purpose of col24 lection activity, annual funding and personnel, the 


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1 manner in which the collection is conducted, and 

2 types of information collected; 

3 (2) an explanation of how the intelligence com4 munity prioritizes and coordinates collection activi5 ties focused on the region; and 

6 (3) a description of any collection and 

7 resourcing gaps and efforts being made to address 

8 them. 

9 SEC. 512. REPLACEMENT OF LOCALLY EMPLOYED STAFF 

10 SERVING AT UNITED STATES DIPLOMATIC 

11 FACILITIES IN CUBA. 

12 (a) EMPLOYMENT REQUIREMENT.— 

13 (1) IN GENERAL.—Except as provided under 

14 paragraph (2), the Secretary of State shall ensure 

15 that, not later than 1 year after the date of the en16 actment of this Act, every supervisory position at a 

17 United States diplomatic facility in Cuba is occupied 

18 by a citizen of the United States who has been sub19 jected to, and has passed, a thorough background 

20 check. 

21 (2) EXTENSION.—The Secretary of State may 

22 extend the deadline under paragraph (1) for up to 

23 1 year by providing advance written notification and 

24 justification of such extension to the appropriate 

25 congressional committees. 


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1 (3) PROGRESS REPORT.—Not later than 180 

2 days after the date of the enactment of this Act, the 

3 Secretary of State shall submit a report to the ap4 propriate congressional committees that describes 

5 the progress made toward meeting the requirement 

6 under paragraph (1). 

7 (b) PLAN FOR REDUCED USE OF LOCALLY EM8 PLOYED STAFF.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of State, in 

10 coordination with other appropriate Federal agencies, 

11 shall submit a plan to the appropriate congressional com12 mittees for reducing the reliance on locally employed staff 

13 in United States diplomatic facilities in Cuba that includes 

14 cost estimates, timelines, and numbers of employees to be 

15 replaced. 

16 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.—In this section, the term ‘‘appropriate congres18 sional committees’’ means— 

19 (1) the congressional intelligence committees; 

20 (2) the Committee on Foreign Relations and 

21 the Committee on Appropriations of the Senate; and 

22 (3) the Committee on Foreign Affairs and the 

23 Committee on Appropriations of the House of Rep24 resentatives. 


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1 SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED IN2 FORMATION FACILITIES IN UNITED STATES 

3 DIPLOMATIC FACILITIES IN CUBA. 

4 (a) RESTRICTED ACCESS SPACE REQUIREMENT.— 

5 Each United States diplomatic facility that, after the date 

6 of the enactment of this Act, is constructed in, or under7 goes a construction upgrade in Cuba shall be constructed 

8 to include a sensitive compartmented information facility. 

9 (b) NATIONAL SECURITY WAIVER.—The Secretary of 

10 State may waive the requirement under subsection (a) if 

11 the Secretary— 

12 (1) determines that such waiver is in the na13 tional security interest of the United States; and 

14 (2) submits a written justification for such 

15 waiver to the relevant congressional committees not 

16 later than 180 days before exercising such waiver. 

17 (c) RELEVANT CONGRESSIONAL COMMITTEES DE18 FINED.—In this section, the term ‘‘relevant congressional 

19 committees’’ means— 

20 (1) the appropriate committees of Congress; 

21 (2) the Committee on Appropriations of the 

22 Senate; and 

23 (3) the Committee on Appropriations of the 

24 House of Representatives. 


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1 SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAIL2 ABLE THROUGH SANCTIONS RELIEF. 

3 (a) IN GENERAL.—At the times specified in sub4 section (b), the Director of National Intelligence, in con5 sultation with the Secretary of the Treasury, shall submit 

6 to the appropriate congressional committees a report as7 sessing the following: 

8 (1) The monetary value of any direct or indirect 

9 forms of sanctions relief that Iran has received since 

10 the Joint Plan of Action first entered into effect. 

11 (2) How Iran has used funds made available 

12 through sanctions relief, including the extent to 

13 which any such funds have facilitated the ability of 

14 Iran— 

15 (A) to provide support for— 

16 (i) any individual or entity designated 

17 for the imposition of sanctions for activi18 ties relating to international terrorism pur19 suant to an Executive order or by the Of20 fice of Foreign Assets Control of the De21 partment of the Treasury on or before the 

22 enactment of this Act; 

23 (ii) any organization designated by 

24 the Secretary of State as a foreign ter25 rorist organization under section 219(a) of 

26 the Immigration and Nationality Act (8 


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1 U.S.C. 1189(a)) on or before the enact2 ment of this Act; or 

3 (iii) any other terrorist organization, 

4 including Hamas, Hezbollah, Palestinian 

5 Islamic Jihad, or the regime of Bashar al6 Assad in Syria; 

7 (B) to advance the efforts of Iran or any 

8 other country to develop nuclear weapons or 

9 ballistic missiles overtly or covertly; or 

10 (C) to commit any violation of the human 

11 rights of the people of Iran. 

12 (3) The extent to which any senior officials of 

13 the Government of Iran have diverted any funds 

14 from sanctions relief into their personal accounts. 

15 (b) SUBMISSION TO CONGRESS.— 

16 (1) IN GENERAL.—The Director shall submit 

17 the report required by subsection (a) to the appro18 priate congressional committees— 

19 (A) not later than 180 days after the date 

20 of the enactment of this Act and every 180 

21 days thereafter while the Joint Plan of Action 

22 is in effect; and 

23 (B) not later than one year after a subse24 quent agreement with Iran relating to Iran’s 

25 nuclear program takes effect and annually 


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1 thereafter while that agreement remains in ef2 fect. 

3 (2) NONDUPLICATION.—The Director may sub4 mit the information required by subsection (a) with 

5 a report required to be submitted to Congress under 

6 another provision of law if— 

7 (A) the Director notifies the appropriate 

8 congressional committees of the intention of the 

9 Director to do so before submitting that report; 

10 and 

11 (B) all matters required to be covered by 

12 subsection (a) are included in that report. 

13 (c) FORM OF REPORTS.—Each report required by 

14 subsection (a) shall be submitted in unclassified form, but 

15 may include a classified annex. 

16 (d) DEFINITIONS.—In this section: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means— 

20 (A) the Committee on Banking, Housing, 

21 and Urban Affairs, the Committee on Finance, 

22 the Committee on Foreign Relations, and the 

23 Select Committee on Intelligence of the Senate; 

24 and 


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1 (B) the Committee on Financial Services, 

2 the Committee on Foreign Affairs, the Com3 mittee on Ways and Means, and the Permanent 

4 Select Committee on Intelligence of the House 

5 of Representatives. 

6 (2) JOINT PLAN OF ACTION.—The term ‘‘Joint 

7 Plan of Action’’ means the Joint Plan of Action, 

8 signed at Geneva November 24, 2013, by Iran and 

9 by France, Germany, the Russian Federation, the 

10 People’s Republic of China, the United Kingdom, 

11 and the United States, and all implementing mate12 rials and agreements related to the Joint Plan of 

13 Action, including the technical understandings 

14 reached on January 12, 2014, the extension thereto 

15 agreed to on July 18, 2014, and the extension there16 to agreed to on November 24, 2014. 

17 TITLE VI—GENERAL 

18 PROVISIONS 

19 SEC. 601. INTELLIGENCE OVERSIGHT EXCEPTION FOR CON20 TRACTUAL NON-DISCLOSURE PROVISIONS. 

21 (a) IN GENERAL.—No provision of an intelligence 

22 contract that prohibits the disclosure of information may 

23 be construed to prohibit an element of the intelligence 

24 community from providing information to the congres25 sional intelligence committees. 


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1 (b) INTELLIGENCE CONTRACT DEFINED.—In this 

2 section, the term ‘‘intelligence contract’’ means a contract 

3 entered into by an element of the intelligence community. 

4 (c) LIMITATION ON LIABILITY.—No cause of action 

5 shall lie in any court against an element of the intelligence 

6 community or an officer, employee, or contractor of such 

7 element that provides information pursuant to subsection 

8 (a). 

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

10 construed to modify the requirements of section 5.403 of 

11 title 48, Code of Federal Regulations (related to requests 

12 from Members of Congress). 

13 SEC. 602. NOTIFICATION OF CHANGES TO RETENTION OF 

14 CALL DETAIL RECORD POLICIES. 

15 (a) REQUIREMENT TO RETAIN.—Not later than 15 

16 days after learning that an electronic communication serv17 ice provider that generates call detail records in the ordi18 nary course of business has changed its policy on the re19 tention of such call detail records to result in a retention 

20 period of less than 18 months, the Director of National 

21 Intelligence shall provide written notification of such 

22 change to the congressional intelligence committees. 

23 (b) DEFINITIONS.—In this section: 

24 (1) CALL DETAIL RECORD.—The term ‘‘call de25 tail record’’— 


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1 (A) means session-identifying information 

2 (including an originating or terminating tele3 phone number, an International Mobile Sub4 scriber Identity number, or an International 

5 Mobile Station Equipment Identity number), a 

6 telephone calling card number, or the time or 

7 duration of a call; and 

8 (B) does not include— 

9 (i) the contents (as defined in section 

10 2510(8) of title 18, United States Code) of 

11 any communication; 

12 (ii) the name, address, or financial in13 formation of a subscriber or customer; or 

14 (iii) cell site location or global posi15 tioning system information. 

16 (2) ELECTRONIC COMMUNICATION SERVICE.— 

17 The term ‘‘electronic communication service’’ has 

18 the meaning given that term in section 2510 of title 

19 18, United States Code. 

20 SEC. 603. REQUIREMENT TO REPORT TERRORIST ACTIVI21 TIES AND THE UNLAWFUL DISTRIBUTION OF 

22 INFORMATION RELATING TO EXPLOSIVES. 

23 (a) DUTY TO REPORT.—Whoever, while engaged in 

24 providing an electronic communication service or a remote 

25 computing service to the public through a facility or means 


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1 of interstate or foreign commerce, obtains actual knowl2 edge of any terrorist activity, including the facts or cir3 cumstances described in subsection (c) shall, as soon as 

4 reasonably possible, provide to the appropriate authorities 

5 the facts or circumstances of the alleged terrorist activi6 ties. 

7 (b) ATTORNEY GENERAL DETERMINATION.—The 

8 Attorney General shall determine the appropriate authori9 ties under subsection (a). 

10 (c) FACTS OR CIRCUMSTANCES.—The facts or cir11 cumstances described in this subsection, include any facts 

12 or circumstances from which there is an apparent violation 

13 of section 842(p) of title 18, United States Code, that in14 volves distribution of information relating to explosives, 

15 destructive devices, and weapons of mass destruction. 

16 (d) PROTECTION OF PRIVACY.—Nothing in this sec17 tion may be construed to require an electronic communica18 tion service provider or a remote computing service pro19 vider— 

20 (1) to monitor any user, subscriber, or cus21 tomer of that provider; or 

22 (2) to monitor the content of any communica23 tion of any person described in paragraph (1). 


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1 SEC. 604. BROADENING THE SCOPE OF THE OFFICE OF THE 

2 DIRECTOR OF NATIONAL INTELLIGENCE 

3 TRADECRAFT REVIEW. 

4 Section 1019(b)(2)(A) of the Intelligence Reform and 

5 Terrorism Prevention Act of 2004 (50 U.S.C. 

6 3364(b)(2)(A)) is amended by striking ‘‘and incorporate, 

7 where appropriate, alternative analyses; and’’ and insert8 ing ‘‘incorporate, where appropriate, alternative analyses, 

9 and explain how substantially similar, contemporaneous 

10 intelligence products are distinct in terms of source mate11 rial, timeframe, methodology, or other distinguishing ana12 lytic characteristic; and’’. 

13 SEC. 605. STRATEGY FOR COMPREHENSIVE INTERAGENCY 

14 REVIEW OF THE UNITED STATES NATIONAL 

15 SECURITY OVERHEAD SATELLITE ARCHITEC16 TURE. 

17 (a) REQUIREMENT FOR STRATEGY.—The Director of 

18 National Intelligence shall collaborate with the Secretary 

19 of Defense and the Chairman of the Joint Chiefs of Staff 

20 to develop a strategy, with milestones and benchmarks, 

21 to ensure that there is a comprehensive interagency review 

22 of policies and practices for planning and acquiring na23 tional security satellite systems and architectures, includ24 ing the capabilities of commercial systems and partner 

25 countries, consistent with the National Space Policy issued 

26 on June 28, 2010. Such strategy shall, where applicable, 


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1 account for the unique missions and authorities vested in 

2 the Department of Defense and the intelligence commu3 nity. 

4 (b) ELEMENTS.—The strategy required by subsection 

5 (a) shall ensure that the United States national security 

6 overhead satellite architecture— 

7 (1) meets the needs of the United States in 

8 peace time and is resilient in war time; 

9 (2) responsibly stewards the taxpayers’ dollars; 

10 (3) accurately takes into account cost and per11 formance tradeoffs; 

12 (4) meets realistic requirements; 

13 (5) produces excellence, innovation, competition, 

14 and a robust industrial base; 

15 (6) aims to produce innovative satellite systems 

16 in less than 5 years that are able to leverage com17 mon, standardized design elements and commercially 

18 available technologies; 

19 (7) takes advantage of rapid advances in com20 mercial technology, innovation, and commercial-like 

21 acquisition practices; 

22 (8) is open to innovative concepts such as dis23 tributed, disaggregated architectures that could 

24 allow for better resiliency, reconstitution, replenish25 ment, and rapid technological refresh; and 


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1 (9) emphasizes deterrence and recognizes the 

2 importance of offensive and defensive space control 

3 capabilities. 

4 (c) REPORT ON STRATEGY.—Not later than Feb5 ruary 28, 2016, the Director of National Intelligence, the 

6 Secretary of Defense, and the Chairman of the Joint 

7 Chiefs of Staff shall submit to the congressional intel8 ligence committees, the Committee on Armed Services of 

9 the Senate, and the Committee on Armed Services of the 

10 House of Representatives a report on the strategy re11 quired by subsection (a). 

12 SEC. 606. UNAUTHORIZED DEALINGS IN SPECIAL NUCLEAR 

13 MATERIAL. 

14 Section 57b.(2) of the Atomic Energy Act of 1954 

15 (42 U.S.C. 2077(b)(2)) is amended in the first sentence 

16 in the proviso by inserting ‘‘the Director of National Intel17 ligence,’’ after ‘‘Commerce,’’. 

18 SEC. 607. ENHANCING GOVERNMENT PERSONNEL SECU19 RITY PROGRAMS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) COVERED INDIVIDUAL.—The term ‘‘covered 

22 individual’’ means an individual who has been deter23 mined eligible for access to classified information or 

24 eligible to hold a sensitive position. 


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1 (2) PERIODIC REINVESTIGATIONS.—The term 

2 ‘‘periodic reinvestigations’’ means investigations con3 ducted periodically, with a frequency as required by 

4 the Director of National Intelligence, for the purpose 

5 of updating a previously completed background in6 vestigation. 

7 (b) RESOLUTION OF BACKLOG OF OVERDUE PERI8 ODIC REINVESTIGATIONS.— 

9 (1) IN GENERAL.—The Director of National In10 telligence shall develop and implement a plan to 

11 eliminate the backlog of overdue periodic reinvestiga12 tions of covered individuals. 

13 (2) REQUIREMENTS.—The plan developed 

14 under paragraph (1) shall— 

15 (A) use a risk-based approach to— 

16 (i) identify high-risk populations; and 

17 (ii) prioritize reinvestigations that are 

18 due or overdue to be conducted; and 

19 (B) use random automated record checks 

20 of covered individuals that shall include all cov21 ered individuals in the pool of individuals sub22 ject to a one-time check. 

23 (c) ENHANCED SECURITY CLEARANCE PROGRAMS.— 

24 Part III of title 5, United States Code, is amended by 

25 adding at the end the following: 


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1 ‘‘Subpart J—Enhanced Personnel Security Programs 

2 ‘‘CHAPTER 110—ENHANCED PERSONNEL 

3 SECURITY PROGRAMS 

‘‘Sec. 

‘‘11001. Enhanced personnel security programs. 

4 ‘‘SEC. 11001. ENHANCED PERSONNEL SECURITY PRO5 GRAMS. 

6 ‘‘(a) DEFINITIONS.—In this section— 

7 ‘‘(1) the term ‘agency’ has the meaning given 

8 that term in section 3001 of the Intelligence Reform 

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

10 3341); 

11 ‘‘(2) the term ‘consumer reporting agency’ has 

12 the meaning given that term in section 603 of the 

13 Fair Credit Reporting Act (15 U.S.C. 1681a); 

14 ‘‘(3) the term ‘covered individual’ means an in15 dividual who has been determined eligible for access 

16 to classified information or eligible to hold a sen17 sitive position; 

18 ‘‘(4) the term ‘enhanced personnel security pro19 gram’ means a program implemented by an agency 

20 at the direction of the Director of National Intel21 ligence under subsection (b); and 

22 ‘‘(5) the term ‘periodic reinvestigations’ means 

23 investigations conducted periodically, with a fre24 quency as required by the Director of National IntelVerDate Sep 11 2014 23:09 Jul 07, 2015 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1705.PCS S1705

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1 ligence, for the purpose of updating a previously 

2 completed background investigation. 

3 ‘‘(b) ENHANCED PERSONNEL SECURITY PRO4 GRAM.—The Director of National Intelligence shall direct 

5 each agency to implement a program to provide enhanced 

6 security review of covered individuals— 

7 ‘‘(1) in accordance with this section; and 

8 ‘‘(2) not later than the earlier of— 

9 ‘‘(A) the date that is 5 years after the date 

10 of enactment of the Intelligence Authorization 

11 Act for Fiscal Year 2016; or 

12 ‘‘(B) the date on which the backlog of 

13 overdue periodic reinvestigations of covered in14 dividuals is eliminated, as determined by the 

15 Director of National Intelligence. 

16 ‘‘(c) COMPREHENSIVENESS.— 

17 ‘‘(1) SOURCES OF INFORMATION.—The en18 hanced personnel security program of an agency 

19 shall integrate relevant information from various 

20 sources, including government, publicly available, 

21 and commercial data sources, consumer reporting 

22 agencies, social media, and such other sources as de23 termined by the Director of National Intelligence. 


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1 ‘‘(2) TYPES OF INFORMATION.—Information 

2 obtained and integrated from sources described in 

3 paragraph (1) may include— 

4 ‘‘(A) information relating to any criminal 

5 or civil legal proceeding; 

6 ‘‘(B) financial information relating to the 

7 covered individual, including the credit worthi8 ness of the covered individual; 

9 ‘‘(C) public information, including news ar10 ticles or reports, that includes relevant security 

11 or counterintelligence information about the 

12 covered individual; 

13 ‘‘(D) publicly available electronic informa14 tion, to include relevant security or counter15 intelligence information on any social media 

16 website or forum, that may suggest ill intent, 

17 vulnerability to blackmail, compulsive behavior, 

18 allegiance to another country, change in ide19 ology, or any other information that may sug20 gest the covered individual lacks good judg21 ment, reliability or trustworthiness; and 

22 ‘‘(E) data maintained on any terrorist or 

23 criminal watch list maintained by any agency, 

24 State or local government, or international or25 ganization. 


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1 ‘‘(d) REVIEWS OF COVERED INDIVIDUALS.— 

2 ‘‘(1) REVIEWS.— 

3 ‘‘(A) IN GENERAL.—The enhanced per4 sonnel security program of an agency shall re5 quire that, not less than 2 times every 5 years, 

6 the head of the agency shall conduct or request 

7 the conduct of automated record checks and 

8 checks of information from sources under sub9 section (c) to ensure the continued eligibility of 

10 each covered individual employed by the agency 

11 or a contractor of the agency, unless more fre12 quent reviews of automated record checks and 

13 checks of information from sources under sub14 section (c) are conducted on the covered indi15 vidual. 

16 ‘‘(B) SCOPE OF REVIEWS.—Except for a 

17 covered individual who is subject to more fre18 quent reviews to ensure the continued eligibility 

19 of the covered individual, the reviews under 

20 subparagraph (A) shall consist of random or 

21 aperiodic checks of covered individuals, such 

22 that each covered individual is subject to at 

23 least 2 reviews during the 5-year period begin24 ning on the date on which the agency imple25 ments the enhanced personnel security program 


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1 of an agency, and during each 5-year period 

2 thereafter. 

3 ‘‘(C) INDIVIDUAL REVIEWS.—A review of 

4 the information relating to the continued eligi5 bility of a covered individual under subpara6 graph (A) may not be conducted until after the 

7 end of the 120-day period beginning on the 

8 date the covered individual receives the notifica9 tion required under paragraph (3). 

10 ‘‘(2) RESULTS.—The head of an agency shall 

11 take appropriate action if a review under paragraph 

12 (1) finds relevant information that may affect the 

13 continued eligibility of a covered individual. 

14 ‘‘(3) INFORMATION FOR COVERED INDIVID15 UALS.—The head of an agency shall ensure that 

16 each covered individual employed by the agency or a 

17 contractor of the agency is adequately advised of the 

18 types of relevant security or counterintelligence in19 formation the covered individual is required to re20 port to the head of the agency. 

21 ‘‘(4) LIMITATION.—Nothing in this subsection 

22 shall be construed to affect the authority of an agen23 cy to determine the appropriate weight to be given 

24 to information relating to a covered individual in 


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1 evaluating the continued eligibility of the covered in2 dividual. 

3 ‘‘(5) GUIDANCE FOR MINOR FINANCIAL OR

4 MENTAL HEALTH ISSUES.—The Director of National 

5 Intelligence shall issue guidance defining minor fi6 nancial or mental health issues, in accordance with 

7 this section and any direction from the President. 

8 ‘‘(6) AUTHORITY OF THE PRESIDENT.—Noth9 ing in this subsection shall be construed as limiting 

10 the authority of the President to direct or perpet11 uate periodic reinvestigations of a more comprehen12 sive nature or to delegate the authority to direct or 

13 perpetuate such reinvestigations. 

14 ‘‘(e) AUDIT.— 

15 ‘‘(1) IN GENERAL.—Beginning 2 years after the 

16 date of implementation of the enhanced personnel 

17 security program of an agency under subsection (b), 

18 the Inspector General of the agency shall conduct at 

19 least 1 audit to assess the effectiveness and fairness, 

20 which shall be determined in accordance with per21 formance measures and standards established by the 

22 Director of National Intelligence, to covered individ23 uals of the enhanced personnel security program of 

24 the agency. 


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1 ‘‘(2) SUBMISSIONS TO THE DNI.—The results of 

2 each audit conducted under paragraph (1) shall be 

3 submitted to the Director of National Intelligence to 

4 assess the effectiveness and fairness of the enhanced 

5 personnel security programs across the Federal Gov6 ernment.’’. 

7 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of chapters for part III of title 5, United States 

9 Code, is amended by adding at the end following: 

‘‘Subpart J—Enhanced Personnel Security Programs 

‘‘110. Enhanced personnel security programs ........................................ 11001’’. 

10 SEC. 608. TECHNICAL AMENDMENTS RELATING TO PAY 

11 UNDER TITLE 5, UNITED STATES CODE. 

12 Section 5102(a)(1) of title 5, United States Code, is 

13 amended— 

14 (1) in clause (vii), by striking ‘‘or’’; 

15 (2) by inserting after clause (vii) the following 

16 new clause: 

17 ‘‘(viii) the Office of the Director of Na18 tional Intelligence;’’; and 

19 (3) in clause (x), by striking the period and in20 serting a semicolon. 


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Calendar No. 141 

114TH CONGRESS 

1ST SESSION S. 1705 

A BILL 

To authorize appropriations for fiscal year 2016 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

JULY 7, 2015 

Read twice and placed on the calendar 


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