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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4681 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                      December 9, 2014.
    Resolved, That the bill from the House of Representatives (H.R. 
4681) entitled ``An Act to authorize appropriations for fiscal years 
2014 and 2015 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.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2015''.
    (b) Table of Contents.--The table of contents for 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 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. National intelligence strategy.
Sec. 304. Software licensing.
Sec. 305. Reporting of certain employment activities by former 
                            intelligence officers and employees.
Sec. 306. Inclusion of Predominantly Black Institutions in intelligence 
                            officer training program.
Sec. 307. Management and oversight of financial intelligence.
Sec. 308. Analysis of private sector policies and procedures for 
                            countering insider threats.
Sec. 309. Procedures for the retention of incidentally acquired 
                            communications.
Sec. 310. Clarification of limitation of review to retaliatory security 
                            clearance or access determinations.
Sec. 311. Feasibility study on consolidating classified databases of 
                            cyber threat indicators and malware 
                            samples.
Sec. 312. Sense of Congress on cybersecurity threat and cybercrime 
                            cooperation with Ukraine.
Sec. 313. Replacement of locally employed staff serving at United 
                            States diplomatic facilities in the Russian 
                            Federation.
Sec. 314. Inclusion of Sensitive Compartmented Information Facilities 
                            in United States diplomatic facilities in 
                            the Russian Federation and adjacent 
                            countries.

                         Subtitle B--Reporting

Sec. 321. Report on declassification process.
Sec. 322. Report on intelligence community efficient spending targets.
Sec. 323. Annual report on violations of law or executive order.
Sec. 324. Annual report on intelligence activities of the Department of 
                            Homeland Security.
Sec. 325. Report on political prison camps in North Korea.
Sec. 326. Assessment of security of domestic oil refineries and related 
                            rail transportation infrastructure.
Sec. 327. Enhanced contractor level assessments for the intelligence 
                            community.
Sec. 328. Assessment of the efficacy of memoranda of understanding to 
                            facilitate intelligence-sharing.
Sec. 329. Report on foreign man-made electromagnetic pulse weapons.
Sec. 330. Report on United States counterterrorism strategy to disrupt, 
                            dismantle, and defeat al-Qaeda and its 
                            affiliated or associated groups.
Sec. 331. Feasibility study on retraining veterans in cybersecurity.

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)).

SEC. 3. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2015 
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, 2015, 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 
H.R. 4681 of the One Hundred Thirteenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of 
        Authorizations referred to in subsection (a) shall be made 
        available to the Committee on Appropriations of the Senate, the 
        Committee on Appropriations of the House of Representatives, 
        and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the 
                budget; or
                    (C) as otherwise required by law.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Increases.--The Director of National Intelligence 
may authorize employment of civilian personnel in excess of the number 
authorized for fiscal year 2015 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 2015 the sum of 
$507,400,000. 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, 
2016.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 794 positions as of September 30, 2015. 
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 2015 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, 2016.
            (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, 
        2015, there are authorized such additional personnel for the 
        Community Management Account as of that date as are specified 
        in the classified Schedule of Authorizations referred to in 
        section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2015 the sum of 
$514,000,000.

                     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. NATIONAL INTELLIGENCE STRATEGY.

    (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:

``SEC. 108A. NATIONAL INTELLIGENCE STRATEGY.

    ``(a) In General.--Beginning in 2017, and once every 4 years 
thereafter, the Director of National Intelligence shall develop a 
comprehensive national intelligence strategy to meet national security 
objectives for the following 4-year period, or a longer period, if 
appropriate.
    ``(b) Requirements.--Each national intelligence strategy required 
by subsection (a) shall--
            ``(1) delineate a national intelligence strategy consistent 
        with--
                    ``(A) the most recent national security strategy 
                report submitted pursuant to section 108;
                    ``(B) the strategic plans of other relevant 
                departments and agencies of the United States; and
                    ``(C) other relevant national-level plans;
            ``(2) address matters related to national and military 
        intelligence, including counterintelligence;
            ``(3) identify the major national security missions that 
        the intelligence community is currently pursuing and will 
        pursue in the future to meet the anticipated security 
        environment;
            ``(4) describe how the intelligence community will utilize 
        personnel, technology, partnerships, and other capabilities to 
        pursue the major national security missions identified in 
        paragraph (3);
            ``(5) assess current, emerging, and future threats to the 
        intelligence community, including threats from foreign 
        intelligence and security services and insider threats;
            ``(6) outline the organizational roles and missions of the 
        elements of the intelligence community as part of an integrated 
        enterprise to meet customer demands for intelligence products, 
        services, and support;
            ``(7) identify sources of strategic, institutional, 
        programmatic, fiscal, and technological risk; and
            ``(8) analyze factors that may affect the intelligence 
        community's performance in pursuing the major national security 
        missions identified in paragraph (3) during the following 10-
        year period.
    ``(c) Submission to Congress.--The Director of National 
Intelligence shall submit to the congressional intelligence committees 
a report on each national intelligence strategy required by subsection 
(a) not later than 45 days after the date of the completion of such 
strategy.''.
    (b) Table of Contents Amendments.--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 108 the following new 
item:

``Sec. 108A. National intelligence strategy.''.

SEC. 304. SOFTWARE LICENSING.

    Section 109 of the National Security Act of 1947 (50 U.S.C. 3044) 
is amended--
            (1) in subsection (a)(2), by striking ``usage; and'' and 
        inserting ``usage, including--
                    ``(A) increasing the centralization of the 
                management of software licenses;
                    ``(B) increasing the regular tracking and 
                maintaining of comprehensive inventories of software 
                licenses using automated discovery and inventory tools 
                and metrics;
                    ``(C) analyzing software license data to inform 
                investment decisions; and
                    ``(D) providing appropriate personnel with 
                sufficient software licenses management training; 
                and'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (2), by striking ``usage.'' and 
                inserting ``usage, including--
                    ``(A) increasing the centralization of the 
                management of software licenses;
                    ``(B) increasing the regular tracking and 
                maintaining of comprehensive inventories of software 
                licenses using automated discovery and inventory tools 
                and metrics;
                    ``(C) analyzing software license data to inform 
                investment decisions; and
                    ``(D) providing appropriate personnel with 
                sufficient software licenses management training; 
                and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) based on the assessment required under paragraph (2), 
        make such recommendations with respect to software procurement 
        and usage to the Director of National Intelligence as the Chief 
        Information Officer considers appropriate.''; and
            (3) by adding at the end the following new subsection:
    ``(d) Implementation of Recommendations.--Not later than 180 days 
after the date on which the Director of National Intelligence receives 
recommendations from the Chief Information Officer of the Intelligence 
Community in accordance with subsection (b)(3), the Director of 
National Intelligence shall, to the extent practicable, issue 
guidelines for the intelligence community on software procurement and 
usage based on such recommendations.''.

SEC. 305. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY FORMER 
              INTELLIGENCE OFFICERS AND EMPLOYEES.

    (a) Restriction.--Title III of the National Security Act of 1947 
(50 U.S.C. 3071 et seq.) is amended by inserting after section 303 the 
following new section:

``SEC. 304. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY FORMER 
              INTELLIGENCE OFFICERS AND EMPLOYEES.

    ``(a) In General.--The head of each element of the intelligence 
community shall issue regulations requiring each employee of such 
element occupying a covered position to sign a written agreement 
requiring the regular reporting of covered employment to the head of 
such element.
    ``(b) Agreement Elements.--The regulations required under 
subsection (a) shall provide that an agreement contain provisions 
requiring each employee occupying a covered position to, during the 
two-year period beginning on the date on which such employee ceases to 
occupy such covered position--
            ``(1) report covered employment to the head of the element 
        of the intelligence community that employed such employee in 
        such covered position upon accepting such covered employment; 
        and
            ``(2) annually (or more frequently if the head of such 
        element considers it appropriate) report covered employment to 
        the head of such element.
    ``(c) Definitions.--In this section:
            ``(1) Covered employment.--The term `covered employment' 
        means direct employment by, representation of, or the provision 
        of advice relating to national security to the government of a 
        foreign country or any person whose activities are directly or 
        indirectly supervised, directed, controlled, financed, or 
        subsidized, in whole or in major part, by any government of a 
        foreign country.
            ``(2) Covered position.--The term `covered position' means 
        a position within an element of the intelligence community 
        that, based on the level of access of a person occupying such 
        position to information regarding sensitive intelligence 
        sources or methods or other exceptionally sensitive matters, 
        the head of such element determines should be subject to the 
        requirements of this section.
            ``(3) Government of a foreign country.--The term 
        `government of a foreign country' has the meaning given the 
        term in section 1(e) of the Foreign Agents Registration Act of 
        1938 (22 U.S.C. 611(e)).''.
    (b) Regulations and Certification.--
            (1) Regulations.--Not later than 90 days after the date of 
        the enactment of this Act, the head of each element of the 
        intelligence community shall issue the regulations required 
        under section 304 of the National Security Act of 1947, as 
        added by subsection (a) of this section.
            (2) Certification.--Not later than 180 days after the date 
        of the enactment of this Act, the Director of National 
        Intelligence shall submit to the congressional intelligence 
        committees--
                    (A) a certification that each head of an element of 
                the intelligence community has prescribed the 
                regulations required under section 304 of the National 
                Security Act of 1947, as added by subsection (a) of 
                this section; or
                    (B) if the Director is unable to submit the 
                certification described under subparagraph (A), an 
                explanation as to why the Director is unable to submit 
                such certification, including a designation of which 
                heads of an element of the intelligence community have 
                prescribed the regulations required under such section 
                304 and which have not.
    (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 302 
        (Under Secretaries and Assistant Secretaries) and the items 
        relating to sections 304, 305, and 306; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Reporting of certain employment activities by former 
                            intelligence officers and employees.''.

SEC. 306. INCLUSION OF PREDOMINANTLY BLACK INSTITUTIONS IN INTELLIGENCE 
              OFFICER TRAINING PROGRAM.

    Section 1024 of the National Security Act of 1947 (50 U.S.C. 3224) 
is amended--
            (1) in subsection (c)(1), by inserting ``and Predominantly 
        Black Institutions'' after ``universities''; and
            (2) in subsection (g)--
                    (A) by redesignating paragraph (4) as paragraph 
                (5); and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Predominantly black institution.--The term 
        `Predominantly Black Institution' has the meaning given the 
        term in section 318 of the Higher education Act of 1965 (20 
        U.S.C. 1059e).''.

SEC. 307. MANAGEMENT AND OVERSIGHT OF FINANCIAL INTELLIGENCE.

    (a) Requirement for Plan.--Not later than 90 days after the date of 
the enactment of this Act, the Director of National Intelligence shall 
prepare a plan for management of the elements of the intelligence 
community that carry out financial intelligence activities.
    (b) Contents of Plan.--The plan required by subsection (a) shall 
establish a governance framework, procedures for sharing and 
harmonizing the acquisition and use of financial analytic tools, 
standards for quality of analytic products, procedures for oversight 
and evaluation of resource allocations associated with the joint 
development of information sharing efforts and tools, and an education 
and training model for elements of the intelligence community that 
carry out financial intelligence activities.
    (c) Briefing to Congress.--Not later than 180 days after the date 
of the enactment of this Act, the Director of National Intelligence 
shall brief the congressional intelligence committees on the actions 
the Director proposes to implement the plan required by subsection (a).

SEC. 308. ANALYSIS OF PRIVATE SECTOR POLICIES AND PROCEDURES FOR 
              COUNTERING INSIDER THREATS.

    (a) Analysis.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
consultation with the National Counterintelligence Executive, shall 
submit to the congressional intelligence committees an analysis of 
private sector policies and procedures for countering insider threats.
    (b) Content.--The analysis required by subsection (a) shall 
include--
            (1) a review of whether and how the intelligence community 
        could utilize private sector hiring and human resources best 
        practices to screen, vet, and validate the credentials, 
        capabilities, and character of applicants for positions 
        involving trusted access to sensitive information;
            (2) an analysis of private sector policies for holding 
        supervisors and subordinates accountable for violations of 
        established security protocols and whether the intelligence 
        community should adopt similar policies for positions of 
        trusted access to sensitive information;
            (3) an assessment of the feasibility and advisability of 
        applying mandatory leave policies, similar to those endorsed by 
        the Federal Deposit Insurance Corporation and the Securities 
        and Exchange Commission to identify fraud in the financial 
        services industry, to certain positions within the intelligence 
        community; and
            (4) recommendations for how the intelligence community 
        could utilize private sector risk indices, such as credit risk 
        scores, to make determinations about employee access to 
        sensitive information.

SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED 
              COMMUNICATIONS.

    (a) Definitions.--In this section:
            (1) Covered communication.--The term ``covered 
        communication'' means any nonpublic telephone or electronic 
        communication acquired without the consent of a person who is a 
        party to the communication, including communications in 
        electronic storage.
            (2) Head of an element of the intelligence community.--The 
        term ``head of an element of the intelligence community'' 
        means, as appropriate--
                    (A) the head of an element of the intelligence 
                community; or
                    (B) the head of the department or agency containing 
                such element.
            (3) United states person.--The term ``United States 
        person'' has the meaning given that term in section 101 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
    (b) Procedures for Covered Communications.--
            (1) Requirement to adopt.--Not later than 2 years after the 
        date of the enactment of this Act each head of an element of 
        the intelligence community shall adopt procedures approved by 
        the Attorney General for such element that ensure compliance 
        with the requirements of paragraph (3).
            (2) Coordination and approval.--The procedures required by 
        paragraph (1) shall be--
                    (A) prepared in coordination with the Director of 
                National Intelligence; and
                    (B) approved by the Attorney General prior to 
                issuance.
            (3) Procedures.--
                    (A) Application.--The procedures required by 
                paragraph (1) shall apply to any intelligence 
                collection activity not otherwise authorized by court 
                order (including an order or certification issued by a 
                court established under subsection (a) or (b) of 
                section 103 of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1803)), subpoena, or similar 
                legal process that is reasonably anticipated to result 
                in the acquisition of a covered communication to or 
                from a United States person and shall permit the 
                acquisition, retention, and dissemination of covered 
                communications subject to the limitation in 
                subparagraph (B).
                    (B) Limitation on retention.--A covered 
                communication shall not be retained in excess of 5 
                years, unless--
                            (i) the communication has been 
                        affirmatively determined, in whole or in part, 
                        to constitute foreign intelligence or 
                        counterintelligence or is necessary to 
                        understand or assess foreign intelligence or 
                        counterintelligence;
                            (ii) the communication is reasonably 
                        believed to constitute evidence of a crime and 
                        is retained by a law enforcement agency;
                            (iii) the communication is enciphered or 
                        reasonably believed to have a secret meaning;
                            (iv) all parties to the communication are 
                        reasonably believed to be non-United States 
                        persons;
                            (v) retention is necessary to protect 
                        against an imminent threat to human life, in 
                        which case both the nature of the threat and 
                        the information to be retained shall be 
                        reported to the congressional intelligence 
                        committees not later than 30 days after the 
                        date such retention is extended under this 
                        clause;
                            (vi) retention is necessary for technical 
                        assurance or compliance purposes, including a 
                        court order or discovery obligation, in which 
                        case access to information retained for 
                        technical assurance or compliance purposes 
                        shall be reported to the congressional 
                        intelligence committees on an annual basis; or
                            (vii) retention for a period in excess of 5 
                        years is approved by the head of the element of 
                        the intelligence community responsible for such 
                        retention, based on a determination that 
                        retention is necessary to protect the national 
                        security of the United States, in which case 
                        the head of such element shall provide to the 
                        congressional intelligence committees a written 
                        certification describing--
                                    (I) the reasons extended retention 
                                is necessary to protect the national 
                                security of the United States;
                                    (II) the duration for which the 
                                head of the element is authorizing 
                                retention;
                                    (III) the particular information to 
                                be retained; and
                                    (IV) the measures the element of 
                                the intelligence community is taking to 
                                protect the privacy interests of United 
                                States persons or persons located 
                                inside the United States.

SEC. 310. CLARIFICATION OF LIMITATION OF REVIEW TO RETALIATORY SECURITY 
              CLEARANCE OR ACCESS DETERMINATIONS.

    Section 3001(b)(7) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 3341(b)(7)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``2014--'' and inserting ``2014, and consistent with subsection 
        (j)--'';
            (2) in subparagraph (A), by striking ``to appeal a 
        determination to suspend or revoke a security clearance or 
        access to classified information'' and inserting ``alleging 
        reprisal for having made a protected disclosure (provided the 
        individual does not disclose classified information or other 
        information contrary to law) to appeal any action affecting an 
        employee's access to classified information''; and
            (3) in subparagraph (B), by striking ``information,'' 
        inserting ``information following a protected disclosure,''.

SEC. 311. FEASIBILITY STUDY ON CONSOLIDATING CLASSIFIED DATABASES OF 
              CYBER THREAT INDICATORS AND MALWARE SAMPLES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
consultation with the Secretary of Homeland Security, the Director of 
the National Security Agency, the Director of the Central Intelligence 
Agency, and the Director of the Federal Bureau of Investigation, shall 
conduct a feasibility study on consolidating classified databases of 
cyber threat indicators and malware samples in the intelligence 
community.
    (b) Elements.--The feasibility study required by subsection (a) 
shall include the following:
            (1) An inventory of classified databases of cyber threat 
        indicators and malware samples in the intelligence community.
            (2) An assessment of actions that could be carried out to 
        consolidate such databases to achieve the greatest possible 
        information sharing within the intelligence community and cost 
        savings for the Federal Government.
            (3) An assessment of any impediments to such consolidation.
            (4) An assessment of whether the Intelligence Community 
        Information Technology Enterprise can support such 
        consolidation.
    (c) Report to Congress.--Not later than 30 days after the date on 
which the Director of National Intelligence completes the feasibility 
study required by subsection (a), the Director shall submit to the 
congressional intelligence committees a written report that summarizes 
the feasibility study, including the information required under 
subsection (b).

SEC. 312. SENSE OF CONGRESS ON CYBERSECURITY THREAT AND CYBERCRIME 
              COOPERATION WITH UKRAINE.

    It is the sense of Congress that--
            (1) cooperation between the intelligence and law 
        enforcement agencies of the United States and Ukraine should be 
        increased to improve cybersecurity policies between these two 
        countries;
            (2) the United States should pursue improved extradition 
        procedures among the Governments of the United States, Ukraine, 
        and other countries from which cybercriminals target United 
        States citizens and entities;
            (3) the President should--
                    (A) initiate a round of formal United States-
                Ukraine bilateral talks on cybersecurity threat and 
                cybercrime cooperation, with additional multilateral 
                talks that include other law enforcement partners such 
                as Europol and Interpol; and
                    (B) work to obtain a commitment from the Government 
                of Ukraine to end cybercrime directed at persons 
                outside Ukraine and to work with the United States and 
                other allies to deter and convict known cybercriminals;
            (4) the President should establish a capacity building 
        program with the Government of Ukraine, which could include--
                    (A) a joint effort to improve cyber capacity 
                building, including intelligence and law enforcement 
                services in Ukraine;
                    (B) sending United States law enforcement agents to 
                aid law enforcement agencies in Ukraine in 
                investigating cybercrimes; and
                    (C) agreements to improve communications networks 
                to enhance law enforcement cooperation, such as a 
                hotline directly connecting law enforcement agencies in 
                the United States and Ukraine; and
            (5) the President should establish and maintain an 
        intelligence and law enforcement cooperation scorecard with 
        metrics designed to measure the number of instances that 
        intelligence and law enforcement agencies in the United States 
        request assistance from intelligence and law enforcement 
        agencies in Ukraine and the number and type of responses 
        received to such requests.

SEC. 313. REPLACEMENT OF LOCALLY EMPLOYED STAFF SERVING AT UNITED 
              STATES DIPLOMATIC FACILITIES IN THE RUSSIAN FEDERATION.

    (a) Employment Requirement.--
            (1) In general.--The Secretary of State shall ensure that, 
        not later than one year after the date of the enactment of this 
        Act, every supervisory position at a United States diplomatic 
        facility in the Russian Federation shall be occupied by a 
        citizen of the United States who has passed, and shall be 
        subject to, a thorough background check.
            (2) Extension.--The Secretary of State may extend the 
        deadline under paragraph (1) for up to one year by providing 
        advance written notification and justification of such 
        extension to the appropriate congressional committees.
            (3) Progress report.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of State shall 
        submit to the appropriate congressional committees a report on 
        progress made toward meeting the employment requirement under 
        paragraph (1).
    (b) Plan for Reduced Use of Locally Employed Staff.--Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
State, in coordination with other appropriate government agencies, 
shall submit to the appropriate congressional committees a plan to 
further reduce the reliance on locally employed staff in United States 
diplomatic facilities in the Russian Federation. The plan shall, at a 
minimum, include cost estimates, timelines, and numbers of employees to 
be replaced.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate; and
            (3) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to infringe on the power of the President, by and with the 
advice and consent of the Senate, to appoint ambassadors, other public 
ministers, and consuls.''

SEC. 314. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION FACILITIES 
              IN UNITED STATES DIPLOMATIC FACILITIES IN THE RUSSIAN 
              FEDERATION AND ADJACENT COUNTRIES.

    (a) Sensitive Compartmented Information Facility Requirement.--Each 
United States diplomatic facility that, after the date of the enactment 
of this Act, is constructed in, or undergoes a construction upgrade in, 
the Russian Federation, any country that shares a land border with the 
Russian Federation, or any country that is a former member of the 
Soviet Union shall be constructed to include a Sensitive Compartmented 
Information Facility.
    (b) National Security Waiver.--The Secretary of State may waive the 
requirement under subsection (a) if the Secretary determines that such 
waiver is in the national security interest of the United States and 
submits a written justification to the appropriate congressional 
committees not later than 180 days before exercising such waiver.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate; and
            (3) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.

                         Subtitle B--Reporting

SEC. 321. REPORT ON DECLASSIFICATION PROCESS.

    Not later than December 31, 2016, the Director of National 
Intelligence shall submit to Congress a report describing--
            (1) proposals to improve the declassification process 
        throughout the intelligence community; and
            (2) steps the intelligence community could take, or 
        legislation that may be necessary, to enable the National 
        Declassification Center to better accomplish the missions 
        assigned to the Center by Executive Order No. 13526 (75 Fed. 
        Reg. 707).

SEC. 322. REPORT ON INTELLIGENCE COMMUNITY EFFICIENT SPENDING TARGETS.

    (a) In General.--Not later than April 1, 2016, and April 1, 2017, 
the Director of National Intelligence shall submit to the congressional 
intelligence committees a report on the status and effectiveness of 
efforts to reduce administrative costs for the intelligence community 
during the preceding year.
    (b) Elements.--Each report under subsection (a) shall include for 
each element of the intelligence community the following:
            (1) A description of the status and effectiveness of 
        efforts to devise alternatives to government travel and promote 
        efficient travel spending, such as teleconferencing and video 
        conferencing.
            (2) A description of the status and effectiveness of 
        efforts to limit costs related to hosting and attending 
        conferences.
            (3) A description of the status and effectiveness of 
        efforts to assess information technology inventories and usage, 
        and establish controls, to reduce costs related to 
        underutilized information technology equipment, software, or 
        services.
            (4) A description of the status and effectiveness of 
        efforts to limit the publication and printing of hard copy 
        documents.
            (5) A description of the status and effectiveness of 
        efforts to improve the performance of Federal fleet motor 
        vehicles and limit executive transportation.
            (6) A description of the status and effectiveness of 
        efforts to limit the purchase of extraneous promotional items, 
        such as plaques, clothing, and commemorative items.
            (7) A description of the status and effectiveness of 
        efforts to consolidate and streamline workforce training 
        programs to focus on the highest priority workforce and mission 
        needs.
            (8) Such other matters relating to efforts to reduce 
        intelligence community administrative costs as the Director may 
        specify for purposes of this section.

SEC. 323. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

    (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:

``SEC. 511. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

    ``(a) Annual Reports Required.--The Director of National 
Intelligence shall annually submit to the congressional intelligence 
committees a report on violations of law or executive order relating to 
intelligence activities by personnel of an element of the intelligence 
community that were identified during the previous calendar year.
    ``(b) Elements.--Each report submitted under subsection (a) shall, 
consistent with the need to preserve ongoing criminal investigations, 
include a description of, and any action taken in response to, any 
violation of law or executive order (including Executive Order No. 
12333 (50 U.S.C. 3001 note)) relating to intelligence activities 
committed by personnel of an element of the intelligence community in 
the course of the employment of such personnel that, during the 
previous calendar year, was--
            ``(1) determined by the director, head, or general counsel 
        of any element of the intelligence community to have occurred;
            ``(2) referred to the Department of Justice for possible 
        criminal prosecution; or
            ``(3) substantiated by the inspector general of any element 
        of the intelligence community.''.
    (b) Initial Report.--The first report required under section 511 of 
the National Security Act of 1947, as added by subsection (a), shall be 
submitted not later than one year after the date of the enactment of 
this Act.
    (c) Guidelines.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
consultation with the head of each element of the intelligence 
community, shall--
            (1) issue guidelines to carry out section 511 of the 
        National Security Act of 1947, as added by subsection (a); and
            (2) submit such guidelines to the congressional 
        intelligence committees.
    (d) Table of Contents Amendment.--The table of sections in the 
first section of the National Security Act of 1947 is amended by adding 
after the item relating to section 510 the following new item:

``Sec. 511. Annual report on violations of law or executive order.''.
    (e) Rule of Construction.--Nothing in this section or the 
amendments made by this section shall be construed to alter any 
requirement existing on the date of the enactment of this Act to submit 
a report under any provision of law.

SEC. 324. ANNUAL REPORT ON INTELLIGENCE ACTIVITIES OF THE DEPARTMENT OF 
              HOMELAND SECURITY.

    (a) In General.--For each fiscal year and along with the budget 
materials submitted in support of the budget of the Department of 
Homeland Security pursuant to section 1105(a) of title 31, United 
States Code, the Under Secretary for Intelligence and Analysis of the 
Department shall submit to the congressional intelligence committees a 
report for such fiscal year on each intelligence activity of each 
intelligence component of the Department, as designated by the Under 
Secretary, that includes the following:
            (1) The amount of funding requested for each such 
        intelligence activity.
            (2) The number of full-time employees funded to perform 
        each such intelligence activity.
            (3) The number of full-time contractor employees (or the 
        equivalent of full-time in the case of part-time contractor 
        employees) funded to perform or in support of each such 
        intelligence activity.
            (4) A determination as to whether each such intelligence 
        activity is predominantly in support of national intelligence 
        or departmental missions.
            (5) The total number of analysts of the Intelligence 
        Enterprise of the Department that perform--
                    (A) strategic analysis; or
                    (B) operational analysis.
    (b) Feasibility and Advisability Report.--Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Under Secretary for Intelligence and 
Analysis, shall submit to the congressional intelligence committees a 
report that--
            (1) examines the feasibility and advisability of including 
        the budget request for all intelligence activities of each 
        intelligence component of the Department that predominantly 
        support departmental missions, as designated by the Under 
        Secretary for Intelligence and Analysis, in the Homeland 
        Security Intelligence Program; and
            (2) includes a plan to enhance the coordination of 
        department-wide intelligence activities to achieve greater 
        efficiencies in the performance of the Department of Homeland 
        Security intelligence functions.
    (c) Intelligence Component of the Department.--In this section, the 
term ``intelligence component of the Department'' has the meaning given 
that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101).

SEC. 325. REPORT ON POLITICAL PRISON CAMPS IN NORTH KOREA.

    (a) In General.--The Director of National Intelligence, in 
consultation with the Secretary of State, shall submit to the 
congressional intelligence committees, the Committee on Foreign 
Relations of the Senate, and the Committee on Foreign Affairs of the 
House of Representatives a report on political prison camps in North 
Korea.
    (b) Elements.--The report required by subsection (a) shall--
            (1) describe the actions the United States is taking to 
        support implementation of the recommendations of the United 
        Nations Commission of Inquiry on Human Rights in the Democratic 
        People's Republic of Korea, including the eventual 
        establishment of a tribunal to hold individuals accountable for 
        abuses; and
            (2) include, with respect to each political prison camp in 
        North Korea to the extent information is available--
                    (A) the estimated prisoner population of each such 
                camp;
                    (B) the geographical coordinates of each such camp;
                    (C) the reasons for confinement of the prisoners at 
                each such camp;
                    (D) a description of the primary industries and 
                products made at each such camp, and the end users of 
                any goods produced in such camp;
                    (E) information regarding involvement of any non-
                North Korean entity or individual involved in the 
                operations of each such camp, including as an end user 
                or source of any good or products used in, or produced 
                by, in such camp;
                    (F) information identifying individuals and 
                agencies responsible for conditions in each such camp 
                at all levels of the Government of North Korea;
                    (G) a description of the conditions under which 
                prisoners are confined, with respect to the adequacy of 
                food, shelter, medical care, working conditions, and 
                reports of ill-treatment of prisoners, at each such 
                camp; and
                    (H) unclassified imagery, including satellite 
                imagery, of each such camp.
    (c) Form.--The report required by subsection (a) shall be submitted 
in an unclassified form and may include a classified annex if 
necessary.

SEC. 326. ASSESSMENT OF SECURITY OF DOMESTIC OIL REFINERIES AND RELATED 
              RAIL TRANSPORTATION INFRASTRUCTURE.

    (a) Assessment.--The Under Secretary of Homeland Security for 
Intelligence and Analysis shall conduct an intelligence assessment of 
the security of domestic oil refineries and related rail transportation 
infrastructure.
    (b) Submission.--Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Homeland Security for 
Intelligence and Analysis shall submit to the congressional 
intelligence committees--
            (1) the results of the assessment required under subsection 
        (a); and
            (2) any recommendations with respect to intelligence 
        sharing or intelligence collection to improve the security of 
        domestic oil refineries and related rail transportation 
        infrastructure to protect the communities surrounding such 
        refineries or such infrastructure from potential harm that the 
        Under Secretary considers appropriate.

SEC. 327. ENHANCED CONTRACTOR LEVEL ASSESSMENTS FOR THE INTELLIGENCE 
              COMMUNITY.

    Section 506B(c) of the National Security Act of 1947 (50 U.S.C. 
3098(c)) is amended--
            (1) in paragraph (11), by striking ``or contracted'';
            (2) by redesignating paragraph (12) as paragraph (13); and
            (3) by inserting after paragraph (11) the following:
            ``(12) The best estimate of the number of intelligence 
        collectors and analysts contracted by each element of the 
        intelligence community and a description of the functions 
        performed by such contractors.''.

SEC. 328. ASSESSMENT OF THE EFFICACY OF MEMORANDA OF UNDERSTANDING TO 
              FACILITATE INTELLIGENCE-SHARING.

    Not later than 90 days after the date of the enactment of this Act, 
the Under Secretary of Homeland Security for Intelligence and Analysis, 
in consultation with the Director of the Federal Bureau of 
Investigation and the Program Manager of the Information Sharing 
Environment, shall submit to the congressional intelligence committees, 
the Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, the Committee on the Judiciary of the Senate, and the 
Committee on the Judiciary of the House of Representatives an 
assessment of the efficacy of the memoranda of understanding signed 
between Federal, State, local, tribal, and territorial agencies to 
facilitate intelligence-sharing within and separate from the Joint 
Terrorism Task Force. Such assessment shall include--
            (1) any language within such memoranda of understanding 
        that prohibited or may be construed to prohibit intelligence-
        sharing between Federal, State, local, tribal, and territorial 
        agencies; and
            (2) any recommendations for memoranda of understanding to 
        better facilitate intelligence-sharing between Federal, State, 
        local, tribal, and territorial agencies.

SEC. 329. REPORT ON FOREIGN MAN-MADE ELECTROMAGNETIC PULSE WEAPONS.

    (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 congressional intelligence committees, the Committee on 
Armed Services of the Senate, and the Committee on Armed Services of 
the House of Representatives a report on the threat posed by man-made 
electromagnetic pulse weapons to United States interests through 2025, 
including threats from foreign countries and foreign non-State actors.
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 330. REPORT ON UNITED STATES COUNTERTERRORISM STRATEGY TO DISRUPT, 
              DISMANTLE, AND DEFEAT AL-QAEDA AND ITS AFFILIATED OR 
              ASSOCIATED GROUPS.

    (a) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall submit to the appropriate committees of 
        Congress a comprehensive report on the United States 
        counterterrorism strategy to disrupt, dismantle, and defeat al-
        Qaeda and its affiliated or associated groups.
            (2) Coordination.--The report required by paragraph (1) 
        shall be prepared in coordination with the Secretary of State, 
        the Secretary of the Treasury, the Attorney General, and the 
        Secretary of Defense, and the head of any other department or 
        agency of the United States Government that has responsibility 
        for activities directed at combating al-Qaeda and its 
        affiliated or associated groups.
            (3) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A definition of--
                            (i) al-Qaeda core, including a list of 
                        which known individuals constitute al-Qaeda 
                        core;
                            (ii) an affiliated group of al-Qaeda, 
                        including a list of which known groups 
                        constitute an affiliate group of al-Qaeda;
                            (iii) an associated group of al-Qaeda, 
                        including a list of which known groups 
                        constitute an associated group of al-Qaeda; and
                            (iv) a group aligned with al-Qaeda, 
                        including a description of what actions a group 
                        takes or statements it makes that qualify it as 
                        a group aligned with al-Qaeda.
                    (B) A list of any other group, including the 
                organization that calls itself the Islamic State (also 
                known as ``ISIS'' or ``ISIL''), that adheres to the 
                core mission of al-Qaeda, or who espouses the same 
                violent jihad ideology as al-Qaeda.
                    (C) An assessment of the relationship between al-
                Qaeda core and the groups referred to in subparagraph 
                (B).
                    (D) An assessment of the strengthening or weakening 
                of al-Qaeda and the groups referred to in subparagraph 
                (B) from January 1, 2010, to the present, including a 
                description of the metrics that are used to assess 
                strengthening or weakening and an assessment of the 
                relative increase or decrease in violent attacks 
                attributed to such entities.
                    (E) An assessment of whether or not an individual 
                can be a member of al-Qaeda core if such individual is 
                not located in Afghanistan or Pakistan.
                    (F) An assessment of whether or not an individual 
                can be a member of al-Qaeda core as well as a member of 
                a group referred to in subparagraph (B).
                    (G) A definition of defeat of core al-Qaeda.
                    (H) An assessment of the extent or coordination, 
                command, and control between core al-Qaeda and the 
                groups referred to in subparagraph (B), specifically 
                addressing each such group.
                    (I) An assessment of the effectiveness of 
                counterterrorism operations against core al-Qaeda and 
                the groups referred to in subparagraph (B), and whether 
                such operations have had a sustained impact on the 
                capabilities and effectiveness of core al-Qaeda and 
                such groups.
            (4) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (b) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate; and
            (3) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives.

SEC. 331. FEASIBILITY STUDY ON RETRAINING VETERANS IN CYBERSECURITY.

    Not later than 180 days after the date of the enactment of this 
Act, the Director of National Intelligence, in consultation with the 
Secretary of Defense, the Secretary of Veterans Affairs, and the 
Secretary of Homeland Security, shall submit to Congress a feasibility 
study on retraining veterans and retired members of elements of the 
intelligence community in cybersecurity.

            Attest:

                                                             Secretary.
113th CONGRESS

  2d Session

                               H.R. 4681

_______________________________________________________________________

                               AMENDMENT
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