IB 

Union Calendar No. 343 

113TH CONGRESS 

2D SESSION H. R. 4681 

[Report No. 113–463] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2014 

Mr. ROGERS of Michigan introduced the following bill; which was referred to 

the Select Committee on Intelligence (Permanent Select) 

MAY 27, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 20, 2014] 


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A BILL 

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. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘In5 telligence Authorization Act for Fiscal Years 2014 and 

6 2015’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL PROVISIONS 

Subtitle A—General Matters 

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

Sec. 302. Restriction on conduct of intelligence activities. 

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

Center 2. 

Sec. 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General 

of the Intelligence Community. 

Sec. 305. Functional managers for the intelligence community. 

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

Sec. 307. Software licensing. 

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

Sec. 309. Auditability. 

Sec. 310. Public Interest Declassification Board. 

Sec. 311. Official representation items in support of the Coast Guard Attache ́

Program. 

Sec. 312. Declassification review of certain items collected during the mission 

that killed Osama bin Laden on May 1, 2011. 

Sec. 313. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program. 


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Subtitle B—Reporting 

Sec. 321. Annual report on violations of law or executive order. 

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

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

Sec. 323. Reports on chemical weapons in Syria. 

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

information systems of certain contractors. 

Sec. 325. Report on electronic waste. 

Sec. 326. Promoting STEM education to meet the future workforce needs of the 

intelligence community. 

Sec. 327. Assessment of security of domestic oil refineries and related rail transportation infrastructure. 

Sec. 328. Repeal or modification of certain reporting requirements. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Sec. 401. Gifts, devises, and bequests to the Central Intelligence Agency. 

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

TITLE V—SECURITY CLEARANCE REFORM 

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

personnel with access to classified information. 

Sec. 502. Requirements for intelligence community contractors. 

Sec. 503. Technology improvements to security clearance processing. 

Sec. 504. Report on reciprocity of security clearances. 

Sec. 505. Improving the periodic reinvestigation process. 

Sec. 506. Appropriate committees of Congress defined. 

TITLE VI—TECHNICAL AMENDMENTS 

Sec. 601. Technical amendments to the Central Intelligence Agency Act of 1949. 

Sec. 602. Technical amendments to the National Security Act of 1947 relating to 

the past elimination of certain positions. 

Sec. 603. Technical amendments to the Intelligence Authorization Act for Fiscal 

Year 2013. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence commit5 tees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 


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1 (B) the Permanent Select Committee on In2 telligence of the House of Representatives. 

3 (2) INTELLIGENCE COMMUNITY.—The term ‘‘in4 telligence community’’ has the meaning given that 

5 term in section 3(4) of the National Security Act of 

6 1947 (50 U.S.C. 3003(4)). 

7 TITLE I—INTELLIGENCE 

8 ACTIVITIES 

9 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

10 Funds are hereby authorized to be appropriated for fis11 cal years 2014 and 2015 for the conduct of the intelligence 

12 and intelligence-related activities of the following elements 

13 of the United States Government: 

14 (1) The Office of the Director of National Intel15 ligence. 

16 (2) The Central Intelligence Agency. 

17 (3) The Department of Defense. 

18 (4) The Defense Intelligence Agency. 

19 (5) The National Security Agency. 

20 (6) The Department of the Army, the Depart21 ment of the Navy, and the Department of the Air 

22 Force. 

23 (7) The Coast Guard. 

24 (8) The Department of State. 

25 (9) The Department of the Treasury. 


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1 (10) The Department of Energy. 

2 (11) The Department of Justice. 

3 (12) The Federal Bureau of Investigation. 

4 (13) The Drug Enforcement Administration. 

5 (14) The National Reconnaissance Office. 

6 (15) The National Geospatial-Intelligence Agen7 cy. 

8 (16) The Department of Homeland Security. 

9 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

10 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

11 LEVELS.— 

12 (1) FISCAL YEAR 2014.—The amounts author13 ized to be appropriated under section 101 and, subject 

14 to section 103, the authorized personnel ceilings as of 

15 September 30, 2014, for the conduct of the intelligence 

16 activities of the elements listed in paragraphs (1) 

17 through (16) of section 101, are those specified in the 

18 classified Schedule of Authorizations for fiscal year 

19 2014 prepared to accompany the bill H.R. 4681 of the 

20 One Hundred Thirteenth Congress. 

21 (2) FISCAL YEAR 2015.—The amounts author22 ized to be appropriated under section 101 and, subject 

23 to section 103, the authorized personnel ceilings as of 

24 September 30, 2015, for the conduct of the intelligence 

25 activities of the elements listed in paragraphs (1) 


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1 through (16) of section 101, are those specified in the 

2 classified Schedule of Authorizations for fiscal year 

3 2015 prepared to accompany the bill H.R. 4681 of the 

4 One Hundred Thirteenth Congress. 

5 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU6 THORIZATIONS.— 

7 (1) AVAILABILITY.—The classified Schedules of 

8 Authorizations referred to in subsection (a) shall be 

9 made available to the Committee on Appropriations 

10 of the Senate, the Committee on Appropriations of the 

11 House of Representatives, and to the President. 

12 (2) DISTRIBUTION BY THE PRESIDENT.—Subject 

13 to paragraph (3), the President shall provide for suit14 able distribution of the classified Schedules of Author15 izations, or of appropriate portions of the Schedules, 

16 within the executive branch. 

17 (3) LIMITS ON DISCLOSURE.—The President 

18 shall not publicly disclose the classified Schedules of 

19 Authorizations or any portion of such Schedules ex20 cept— 

21 (A) as provided in section 601(a) of the Im22 plementing Recommendations of the 9/11 Com23 mission Act of 2007 (50 U.S.C. 3306(a)); 

24 (B) to the extent necessary to implement the 

25 budget; or 


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1 (C) as otherwise required by law. 

2 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

3 (a) AUTHORITY FOR INCREASES.—The Director of Na4 tional Intelligence may authorize employment of civilian 

5 personnel in excess of the number authorized for fiscal year 

6 2014 or 2015 by the classified Schedules of Authorizations 

7 referred to in section 102(a) if the Director of National In8 telligence determines that such action is necessary to the 

9 performance of important intelligence functions, except that 

10 the number of personnel employed in excess of the number 

11 authorized under such section may not, for any element of 

12 the intelligence community, exceed 3 percent of the number 

13 of civilian personnel authorized under the Schedule for such 

14 element during the fiscal year covered by such Schedule. 

15 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di16 rector of National Intelligence shall establish guidelines that 

17 govern, for each element of the intelligence community, the 

18 treatment under the personnel levels authorized under sec19 tion 102(a), including any exemption from such personnel 

20 levels, of employment or assignment in— 

21 (1) a student program, trainee program, or simi22 lar program; 

23 (2) a reserve corps or as a reemployed annu24 itant; or 


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

2 training. 

3 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE COM4 MITTEES.—The Director of National Intelligence shall no5 tify the congressional intelligence committees in writing at 

6 least 15 days prior to each exercise of an authority de7 scribed in subsection (a). 

8 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC9 COUNT. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) FISCAL YEAR 2014.—There is authorized to 

12 be appropriated for the Intelligence Community Man13 agement Account of the Director of National Intel14 ligence for fiscal year 2014 the sum of $528,229,000. 

15 Within such amount, funds identified in the classified 

16 Schedule of Authorizations referred to in section 

17 102(a) for advanced research and development shall 

18 remain available until September 30, 2015. 

19 (2) FISCAL YEAR 2015.—There is authorized to 

20 be appropriated for the Intelligence Community Man21 agement Account of the Director of National Intel22 ligence for fiscal year 2015 the sum of $505,476,000. 

23 Within such amount, funds identified in the classified 

24 Schedule of Authorizations referred to in section 


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1 102(a) for advanced research and development shall 

2 remain available until September 30, 2016. 

3 (b) AUTHORIZED PERSONNEL LEVELS.—The elements 

4 within the Intelligence Community Management Account of 

5 the Director of National Intelligence are authorized 855 po6 sitions as of September 30, 2014, and 777 positions as of 

7 September 30, 2015. Personnel serving in such elements 

8 may be permanent employees of the Office of the Director 

9 of National Intelligence or personnel detailed from other ele10 ments of the United States Government. 

11 (c) CLASSIFIED AUTHORIZATIONS.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.— 

13 (A) FISCAL YEAR 2014.—In addition to 

14 amounts authorized to be appropriated for the 

15 Intelligence Community Management Account by 

16 subsection (a), there are authorized to be appro17 priated for the Community Management Account 

18 for fiscal year 2014 such additional amounts as 

19 are specified in the classified Schedule of Author20 izations referred to in section 102(a). Such addi21 tional amounts for advanced research and devel22 opment shall remain available until September 

23 30, 2015. 

24 (B) FISCAL YEAR 2015.—In addition to 

25 amounts authorized to be appropriated for the 


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1 Intelligence Community Management Account by 

2 subsection (a), there are authorized to be appro3 priated for the Community Management Account 

4 for fiscal year 2014 such additional amounts as 

5 are specified in the classified Schedule of Author6 izations referred to in section 102(a). Such addi7 tional amounts for advanced research and devel8 opment shall remain available until September 

9 30, 2016. 

10 (2) AUTHORIZATION OF PERSONNEL.— 

11 (A) FISCAL YEAR 2014.—In addition to the 

12 personnel authorized by subsection (b) for ele13 ments of the Intelligence Community Manage14 ment Account as of September 30, 2014, there 

15 are authorized such additional personnel for the 

16 Community Management Account as of that date 

17 as are specified in the classified Schedule of Au18 thorizations referred to in section 102(a). 

19 (B) FISCAL YEAR 2015.—In addition to the 

20 personnel authorized by subsection (b) for ele21 ments of the Intelligence Community Manage22 ment Account as of September 30, 2015, there 

23 are authorized such additional personnel for the 

24 Community Management Account as of that date 


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1 as are specified in the classified Schedule of Au2 thorizations referred to in section 102(a). 

3 TITLE II—CENTRAL INTEL4 LIGENCE AGENCY RETIRE5 MENT AND DISABILITY SYS6 TEM 

7 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated for the Central 

9 Intelligence Agency Retirement and Disability Fund 

10 $514,000,000 for each of fiscal years 2014 and 2015. 

11 TITLE III—GENERAL 

12 PROVISIONS 

13 Subtitle A—General Matters 

14 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

15 BENEFITS AUTHORIZED BY LAW. 

16 Appropriations authorized by this Act for salary, pay, 

17 retirement, and other benefits for Federal employees may 

18 be increased by such additional or supplemental amounts 

19 as may be necessary for increases in such compensation or 

20 benefits authorized by law. 

21 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

22 ACTIVITIES. 

23 The authorization of appropriations by this Act shall 

24 not be deemed to constitute authority for the conduct of any 


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1 intelligence activity which is not otherwise authorized by 

2 the Constitution or the laws of the United States. 

3 SEC. 303. SPECIFIC AUTHORIZATION OF FUNDING FOR 

4 HIGH PERFORMANCE COMPUTING CENTER 2. 

5 Funds appropriated for the construction of the High 

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

7 in the table entitled Consolidated Cryptologic Program 

8 (CCP) in the classified annex to accompany the Consoli9 dated and Further Continuing Appropriations Act, 2013 

10 (Public Law 113–6; 127 Stat. 198), in excess of the amount 

11 specified for such activity in the tables in the classified 

12 annex prepared to accompany the Intelligence Authoriza13 tion Act for Fiscal Year 2013 (Public Law 112–277; 126 

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

15 the purposes of section 504 of the National Security Act 

16 of 1947 (50 U.S.C. 3094). 

17 SEC. 304. CLARIFICATION OF EXEMPTION FROM FREEDOM 

18 OF INFORMATION ACT OF IDENTITIES OF EM19 PLOYEES SUBMITTING COMPLAINTS TO THE 

20 INSPECTOR GENERAL OF THE INTELLIGENCE 

21 COMMUNITY. 

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

23 1947 (50 U.S.C. 3033(g)(3)(A)) is amended by striking 

24 ‘‘undertaken;’’ and inserting ‘‘undertaken, and this provi25 sion shall qualify as a withholding statute pursuant to subVerDate Mar 15 2010 21:38 May 27, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H4681.RH H4681

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1 section (b)(3) of section 552 of title 5, United States Code 

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

3 SEC. 305. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE 

4 COMMUNITY. 

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

6 the National Security Act of 1947 (50 U.S.C. 3021 et seq.) 

7 is amended by inserting after section 103I the following new 

8 section: 

9 ‘‘SEC. 103J. FUNCTIONAL MANAGERS FOR THE INTEL10 LIGENCE COMMUNITY. 

11 ‘‘(a) FUNCTIONAL MANAGERS AUTHORIZED.—The Di12 rector of National Intelligence may establish within the in13 telligence community one or more positions of manager of 

14 an intelligence function. Any position so established may 

15 be known as the ‘Functional Manager’ of the intelligence 

16 function concerned. 

17 ‘‘(b) PERSONNEL.—The Director shall designate indi18 viduals to serve as manager of intelligence functions estab19 lished under subsection (a) from among officers and em20 ployees of elements of the intelligence community. 

21 ‘‘(c) DUTIES.—Each manager of an intelligence func22 tion established under subsection (a) shall have the duties 

23 as follows: 

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

25 on the intelligence function. 


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

2 respect to the intelligence function as the Director 

3 may specify for purposes of this section.’’. 

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

5 contents in the first section of the National Security Act 

6 of 1947 is amended by inserting after the item relating to 

7 section 103I the following new item: 

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

8 SEC. 306. ANNUAL ASSESSMENT OF INTELLIGENCE COMMU9 NITY PERFORMANCE BY FUNCTION. 

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

11 National Security Act of 1947 (50 U.S.C. 3091 et seq.) is 

12 amended by inserting after section 506I the following new 

13 section: 

14 ‘‘SEC. 506J. ANNUAL ASSESSMENT OF INTELLIGENCE COM15 MUNITY PERFORMANCE BY FUNCTION. 

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

17 each year thereafter, the Director of National Intelligence 

18 shall, in consultation with the Functional Managers, sub19 mit to the congressional intelligence committees a report on 

20 covered intelligence functions during the preceding year. 

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

22 shall include for each covered intelligence function for the 

23 year covered by such report the following: 

24 ‘‘(1) An identification of the capabilities, pro25 grams, and activities of such intelligence function, reVerDate Mar 15 2010 21:38 May 27, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H4681.RH H4681

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1 gardless of the element of the intelligence community 

2 that carried out such capabilities, programs, and ac3 tivities. 

4 ‘‘(2) A description of the investment and alloca5 tion of resources for such intelligence function, includ6 ing an analysis of the allocation of resources within 

7 the context of the National Intelligence Strategy, pri8 orities for recipients of resources, and areas of risk. 

9 ‘‘(3) A description and assessment of the per10 formance of such intelligence function. 

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

12 the application of technical interoperability standards 

13 in the capabilities, programs, and activities of such 

14 intelligence function. 

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

16 or need for de-confliction, if any, within such intel17 ligence function. 

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

19 such intelligence function with other intelligence dis20 ciplines as part of an integrated intelligence enter21 prise. 

22 ‘‘(7) A description of any efforts to establish con23 sistency in tradecraft and training within such intel24 ligence function. 


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1 ‘‘(8) A description and assessment of develop2 ments in technology that bear on the future of such 

3 intelligence function. 

4 ‘‘(9) Such other matters relating to such intel5 ligence function as the Director may specify for pur6 poses of this section. 

7 ‘‘(c) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘covered intelligence functions’ 

9 means each intelligence function for which a Func10 tional Manager has been established under section 

11 103J during the year covered by a report under this 

12 section. 

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

14 manager of an intelligence function established under 

15 section 103J.’’. 

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

17 contents in the first section of the National Security Act 

18 of 1947 is amended by inserting after the item relating to 

19 section 506I the following new item: 

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

20 SEC. 307. SOFTWARE LICENSING. 

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

22 of 1947 (50 U.S.C. 3021 et seq.) is amended by inserting 

23 after section 108 the following new section: 


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1 ‘‘SEC. 109. SOFTWARE LICENSING. 

2 ‘‘(a) REQUIREMENT FOR INVENTORIES OF SOFTWARE

3 LICENSES.—The chief information officer of each element 

4 of the intelligence community, in consultation with the 

5 Chief Information Officer of the Intelligence Community, 

6 shall biennially— 

7 ‘‘(1) conduct an inventory of all existing soft8 ware licenses of such element, including utilized and 

9 unutilized licenses; 

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

11 by such element to achieve the greatest possible econo12 mies of scale and associated cost savings in software 

13 procurement and usage; and 

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

15 the Intelligence Community each inventory required 

16 by paragraph (1) and each assessment required by 

17 paragraph (2). 

18 ‘‘(b) INVENTORIES BY THE CHIEF INFORMATION OFFI19 CER OF THE INTELLIGENCE COMMUNITY.—The Chief Infor20 mation Officer of the Intelligence Community, based on the 

21 inventories and assessments required by subsection (a), 

22 shall biennially— 

23 ‘‘(1) compile an inventory of all existing soft24 ware licenses of the intelligence community, including 

25 utilized and unutilized licenses; and 


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

2 by the intelligence community to achieve the greatest 

3 possible economies of scale and associated cost savings 

4 in software procurement and usage. 

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

6 Officer of the Intelligence Community shall submit to the 

7 congressional intelligence committees a copy of each inven8 tory compiled under subsection (b)(1).’’. 

9 (b) INITIAL INVENTORY.— 

10 (1) INTELLIGENCE COMMUNITY ELEMENTS.— 

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

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

13 information officer of each element of the intel14 ligence community shall complete the initial in15 ventory, assessment, and submission required 

16 under section 109(a) of the National Security 

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

18 section. 

19 (B) BASIS.—The initial inventory con20 ducted for each element of the intelligence com21 munity under section 109(a)(1) of the National 

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

23 of this section, shall be based on the inventory of 

24 software licenses conducted pursuant to section 

25 305 of the Intelligence Authorization Act for FisVerDate Mar 15 2010 21:38 May 27, 2014 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H4681.RH H4681

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1 cal Year 2013 (Public Law 112–277; 126 Stat. 

2 2472) for such element. 

3 (2) CHIEF INFORMATION OFFICER OF THE IN4 TELLIGENCE COMMUNITY.—Not later than 180 days 

5 after the date of the enactment of this Act, the Chief 

6 Information Officer of the Intelligence Community 

7 shall complete the initial compilation and assessment 

8 required under section 109(b) of the National Secu9 rity Act of 1947, as added by subsection (a). 

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

11 contents in the first section of the National Security Act 

12 of 1947 is amended— 

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

14 104 (relating to Annual national security strategy re15 port); and 

16 (2) by inserting after the item relating to section 

17 108 the following new item: 

‘‘Sec. 109. Software licensing.’’. 

18 SEC. 308. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC 

19 DISCLOSURES OF COVERT ACTIONS. 

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

21 U.S.C. 3093) is amended by adding at the end the following 

22 new subsection: 

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

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


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1 plan to respond to the unauthorized public disclosure of that 

2 type of activity.’’. 

3 SEC. 309. AUDITABILITY. 

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

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

6 at the end the following new section: 

7 ‘‘SEC. 509. AUDITABILITY OF CERTAIN ELEMENTS OF THE 

8 INTELLIGENCE COMMUNITY. 

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

10 of each covered entity shall ensure that there is a full finan11 cial audit of such covered entity each year beginning with 

12 fiscal year 2014. Such audits may be conducted by an inter13 nal or external independent accounting or auditing organi14 zation. 

15 ‘‘(b) REQUIREMENT FOR UNQUALIFIED OPINION.—Be16 ginning as early as practicable, but in no event later than 

17 the audit required under subsection (a) for fiscal year 2016, 

18 the head of each covered entity shall take all reasonable steps 

19 necessary to ensure that each audit required under sub20 section (a) contains an unqualified opinion on the financial 

21 statements of such covered entity for the fiscal year covered 

22 by such audit. 

23 ‘‘(c) REPORTS TO CONGRESS.—The chief financial of24 ficer of each covered entity shall provide to the congressional 

25 intelligence committees an annual audit report from an acVerDate Mar 15 2010 21:38 May 27, 2014 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H4681.RH H4681

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1 counting or auditing organization on each audit of the cov2 ered entity conducted pursuant to subsection (a). 

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

4 term ‘covered entity’ means the Office of the Director of Na5 tional Intelligence, the Central Intelligence Agency, the De6 fense Intelligence Agency, the National Security Agency, the 

7 National Reconnaissance Office, and the National 

8 Geospatial-Intelligence Agency.’’. 

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

10 contents in the first section of the National Security Act 

11 of 1947 is amended by inserting after the item relating to 

12 section 508 the following new item: 

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

13 SEC. 310. PUBLIC INTEREST DECLASSIFICATION BOARD. 

14 Section 710(b) of the Public Interest Declassification 

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

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

17 SEC. 311. OFFICIAL REPRESENTATION ITEMS IN SUPPORT 

18 OF THE COAST GUARD ATTACHE ́ PROGRAM. 

19 Notwithstanding any other limitation on the amount 

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

21 the Secretary of Homeland Security may use funds made 

22 available to the Secretary through the National Intelligence 

23 Program for necessary expenses for intelligence analysis 

24 and operations coordination activities for official represenVerDate Mar 15 2010 21:38 May 27, 2014 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H4681.RH H4681

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1 tation items in support of the Coast Guard Attache ́ Pro2 gram. 

3 SEC. 312. DECLASSIFICATION REVIEW OF CERTAIN ITEMS 

4 COLLECTED DURING THE MISSION THAT 

5 KILLED OSAMA BIN LADEN ON MAY 1, 2011. 

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

7 of this Act, the Director of National Intelligence shall— 

8 (1) in the manner described in the classified 

9 annex to this Act— 

10 (A) complete a declassification review of 

11 documents collected in Abbottabad, Pakistan, 

12 during the mission that killed Osama bin Laden 

13 on May 1, 2011; and 

14 (B) make publicly available any informa15 tion declassified as a result of the declassification 

16 review required under paragraph (1); and 

17 (2) report to the congressional intelligence com18 mittees— 

19 (A) the results of the declassification review 

20 required under paragraph (1); and 

21 (B) a justification for not declassifying any 

22 information required to be included in such de23 classification review that remains classified. 


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1 SEC. 313. MERGER OF THE FOREIGN COUNTERINTEL2 LIGENCE PROGRAM AND THE GENERAL DE3 FENSE INTELLIGENCE PROGRAM. 

4 Notwithstanding any other provision of law, the Direc5 tor of National Intelligence shall carry out the merger of 

6 the Foreign Counterintelligence Program into the General 

7 Defense Intelligence Program as directed in the classified 

8 annex to this Act. The merger shall go into effect no earlier 

9 than 30 days after written notification of the merger is pro10 vided to the congressional intelligence committees. 

11 Subtitle B—Reporting 

12 SEC. 321. ANNUAL REPORT ON VIOLATIONS OF LAW OR EX13 ECUTIVE ORDER. 

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

15 Act of 1947 (50 U.S.C. 3091 et seq.), as amended by section 

16 309, is further amended by adding at the end the following: 

17 ‘‘SEC. 510. ANNUAL REPORT ON VIOLATIONS OF LAW OR EX18 ECUTIVE ORDER. 

19 ‘‘(a) ANNUAL REPORTS REQUIRED.—The Director of 

20 National Intelligence shall annually submit to the congres21 sional intelligence committees a report on violations of law 

22 or executive order by personnel of an element of the intel23 ligence community that were identified during the previous 

24 calendar year. 

25 ‘‘(b) ELEMENTS.—Each report required under sub26 section (a) shall include a description of, and any action 


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1 taken in response to, any violation of law or executive order 

2 (including Executive Order 12333 (50 U.S.C. 3001 note)) 

3 by personnel of an element of the intelligence community 

4 in the course of such employment that, during the previous 

5 calendar year, was determined by the director, head, general 

6 counsel, or inspector general of any element of the intel7 ligence community to have occurred.’’. 

8 (b) INITIAL REPORT.—The first report required under 

9 section 510 of the National Security Act of 1947, as added 

10 by subsection (a), shall be submitted not later than one year 

11 after the date of the enactment of this Act. 

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

13 sections in the first section of the National Security Act 

14 of 1947, as amended by section 309 of this Act, is further 

15 amended by adding after the section relating to section 509, 

16 as added by such section 309, the following new item: 

‘‘Sec. 510. Annual report on violations of law or executive order.’’. 

17 SEC. 322. SUBMITTAL TO CONGRESS BY HEADS OF ELE18 MENTS OF INTELLIGENCE COMMUNITY OF 

19 PLANS FOR ORDERLY SHUTDOWN IN EVENT 

20 OF ABSENCE OF APPROPRIATIONS. 

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

22 agency submits a plan to the Director of the Office of Man23 agement and Budget in accordance with section 124 of Of24 fice of Management and Budget Circular A–11, pertaining 

25 to agency operations in the absence of appropriations, or 


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1 any successor circular of the Office that requires the head 

2 of an applicable agency to submit to the Director a plan 

3 for an orderly shutdown in the event of the absence of ap4 propriations, such head shall submit a copy of such plan 

5 to the following: 

6 (1) The congressional intelligence committees. 

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

9 (3) The Subcommittee on Defense of the Com10 mittee on Appropriations of the House of Representa11 tives. 

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

13 intelligence community that is within the Department 

14 of Defense, to— 

15 (A) the Committee on Armed Services of the 

16 Senate; and 

17 (B) the Committee on Armed Services of the 

18 House of Representatives. 

19 (b) HEAD OF AN APPLICABLE AGENCY DEFINED.—In 

20 this section, the term ‘‘head of an applicable agency’’ in21 cludes the following: 

22 (1) The Director of National Intelligence. 

23 (2) The Director of the Central Intelligence Agen24 cy. 


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

2 community that is within the Department of Defense. 

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

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

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

6 Intelligence shall submit to Congress a report on the Syrian 

7 chemical weapons program. 

8 (b) ELEMENTS.—The report required under subsection 

9 (a) shall include the following elements: 

10 (1) A comprehensive assessment of chemical 

11 weapon stockpiles in Syria, including names, types, 

12 and quantities of chemical weapons agents, types of 

13 munitions, and location and form of storage, produc14 tion, and research and development facilities. 

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

16 Syrian chemical weapons program. 

17 (3) An assessment of undeclared chemical weap18 ons stockpiles, munitions, and facilities. 

19 (4) An assessment of how these stockpiles, precur20 sors, and delivery systems were obtained. 

21 (5) A description of key intelligence gaps related 

22 to the Syrian chemical weapons program. 

23 (6) An assessment of any denial and deception 

24 efforts on the part of the Syrian regime related to its 

25 chemical weapons program. 


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

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

3 this Act, the Director of National Intelligence shall submit 

4 to Congress a progress report providing any material up5 dates to the report required under subsection (a). 

6 SEC. 324. REPORTS TO THE INTELLIGENCE COMMUNITY ON 

7 PENETRATIONS OF NETWORKS AND INFOR8 MATION SYSTEMS OF CERTAIN CONTRAC9 TORS. 

10 (a) PROCEDURES FOR REPORTING PENETRATIONS.— 

11 The Director of National Intelligence shall establish proce12 dures that require each cleared intelligence contractor to re13 port to an element of the intelligence community designated 

14 by the Director for purposes of such procedures when a net15 work or information system of such contractor that meets 

16 the criteria established pursuant to subsection (b) is success17 fully penetrated. 

18 (b) NETWORKS AND INFORMATION SYSTEMS SUBJECT

19 TO REPORTING.—The Director of National Intelligence 

20 shall, in consultation with appropriate officials, establish 

21 criteria for covered networks to be subject to the procedures 

22 for reporting system penetrations under subsection (a). 

23 (c) PROCEDURE REQUIREMENTS.— 

24 (1) RAPID REPORTING.—The procedures estab25 lished pursuant to subsection (a) shall require each 


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1 cleared intelligence contractor to rapidly report to an 

2 element of the intelligence community designated pur3 suant to subsection (a) of each successful penetration 

4 of the network or information systems of such con5 tractor that meet the criteria established pursuant to 

6 subsection (b). Each such report shall include the fol7 lowing: 

8 (A) A description of the technique or meth9 od used in such penetration. 

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

11 discovered and isolated by the contractor, in12 volved in such penetration. 

13 (C) A summary of information created by 

14 or for such element in connection with any pro15 gram of such element that has been potentially 

16 compromised due to such penetration. 

17 (2) ACCESS TO EQUIPMENT AND INFORMATION

18 BY INTELLIGENCE COMMUNITY PERSONNEL.—The pro19 cedures established pursuant to subsection (a) shall— 

20 (A) include mechanisms for intelligence 

21 community personnel to, upon request, obtain 

22 access to equipment or information of a cleared 

23 intelligence contractor necessary to conduct fo24 rensic analysis in addition to any analysis con25 ducted by such contractor; 


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1 (B) provide that a cleared intelligence con2 tractor is only required to provide access to 

3 equipment or information as described in sub4 paragraph (A) to determine whether information 

5 created by or for an element of the intelligence 

6 community in connection with any intelligence 

7 community program was successfully exfiltrated 

8 from a network or information system of such 

9 contractor and, if so, what information was 

10 exfiltrated; and 

11 (C) provide for the reasonable protection of 

12 trade secrets, commercial or financial informa13 tion, and information that can be used to iden14 tify a specific person (other than the name of the 

15 suspected perpetrator of the penetration). 

16 (3) LIMITATION ON DISSEMINATION OF CERTAIN

17 INFORMATION.—The procedures established pursuant 

18 to subsection (a) shall prohibit the dissemination out19 side the intelligence community of information ob20 tained or derived through such procedures that is not 

21 created by or for the intelligence community except— 

22 (A) with the approval of the contractor pro23 viding such information; 

24 (B) to the congressional intelligence com25 mittees or the Subcommittees on Defense of the 


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1 Committees on Appropriations of the House of 

2 Representatives and the Senate for such commit3 tees and such Subcommittees to perform over4 sight; or 

5 (C) to law enforcement agencies to inves6 tigate a penetration reported under this section. 

7 (d) ISSUANCE OF PROCEDURES AND ESTABLISHMENT

8 OF CRITERIA.— 

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

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

11 National Intelligence shall establish the procedures re12 quired under subsection (a) and the criteria required 

13 under subsection (b). 

14 (2) APPLICABILITY DATE.—The requirements of 

15 this section shall apply on the date on which the Di16 rector of National Intelligence establishes the proce17 dures required under this section. 

18 (e) COORDINATION WITH THE SECRETARY OF DE19 FENSE TO PREVENT DUPLICATE REPORTING.—Not later 

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

21 the Director of National Intelligence and the Secretary of 

22 Defense shall establish procedures to permit a contractor 

23 that is a cleared intelligence contractor and a cleared de24 fense contractor under section 941 of the National Defense 

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


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1 239; 10 U.S.C. 2224 note) to submit a single report that 

2 satisfies the requirements of this section and such section 

3 941 for an incident of penetration of network or informa4 tion system. 

5 (f) DEFINITIONS.—In this section: 

6 (1) CLEARED INTELLIGENCE CONTRACTOR.—The 

7 term ‘‘cleared intelligence contractor’’ means a pri8 vate entity granted clearance by the Director of Na9 tional Intelligence or the head of an element of the in10 telligence community to access, receive, or store classi11 fied information for the purpose of bidding for a con12 tract or conducting activities in support of any pro13 gram of an element of the intelligence community. 

14 (2) COVERED NETWORK.—The term ‘‘covered net15 work’’ means a network or information system of a 

16 cleared intelligence contractor that contains or proc17 esses information created by or for an element of the 

18 intelligence community with respect to which such 

19 contractor is required to apply enhanced protection. 

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

21 be construed to alter or limit any otherwise authorized ac22 cess by government personnel to networks or information 

23 systems owned or operated by a contractor that processes 

24 or stores government data. 


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1 SEC. 325. REPORT ON ELECTRONIC WASTE. 

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

3 of the enactment of this Act, the Director of National Intel4 ligence shall submit to the congressional intelligence com5 mittees a report on the extent to which the intelligence com6 munity has implemented the recommendations of the In7 spector General of the Intelligence Community contained in 

8 the report entitled ‘‘Study of Intelligence Community Elec9 tronic Waste Disposal Practices’’ issued in May 2013. Such 

10 report shall include an assessment of the extent to which 

11 the policies, standards, and guidelines of the intelligence 

12 community governing the proper disposal of electronic 

13 waste are applicable to covered commercial electronic waste 

14 that may contain classified information. 

15 (b) FORM.—The report required under subsection (a) 

16 shall be submitted in unclassified form, but may include 

17 a classified annex. 

18 (c) DEFINITIONS.—In this section: 

19 (1) COVERED COMMERCIAL ELECTRONIC

20 WASTE.—The term ‘‘covered commercial electronic 

21 waste’’ means electronic waste of a commercial entity 

22 that contracts with an element of the intelligence com23 munity. 

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

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

26 electronic device, including a television, copier, facVerDate Mar 15 2010 21:38 May 27, 2014 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H4681.RH H4681

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1 simile machine, tablet, telephone, computer, computer 

2 monitor, laptop, printer, scanner, and associated elec3 trical wiring. 

4 SEC. 326. PROMOTING STEM EDUCATION TO MEET THE FU5 TURE WORKFORCE NEEDS OF THE INTEL6 LIGENCE COMMUNITY. 

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

8 of the enactment of this Act, the Director of National Intel9 ligence shall submit to the Secretary of Education and the 

10 congressional intelligence committees a report describing the 

11 anticipated hiring needs of the intelligence community in 

12 the fields of science, technology, engineering, and mathe13 matics, including cybersecurity and computer literacy. The 

14 report shall— 

15 (1) describe the extent to which competitions, 

16 challenges, or internships at elements of the intel17 ligence community that do not involve access to clas18 sified information may be utilized to promote edu19 cation in the fields of science, technology, engineering, 

20 and mathematics, including cybersecurity and com21 puter literacy, within high schools or institutions of 

22 higher education in the United States; 

23 (2) include cost estimates for carrying out such 

24 competitions, challenges, or internships; and 


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1 (3) include strategies for conducting expedited se2 curity clearance investigations and adjudications for 

3 students at institutions of higher education for pur4 poses of offering internships at elements of the intel5 ligence community. 

6 (b) CONSIDERATION OF EXISTING PROGRAMS.—In de7 veloping the report under subsection (a), the Director shall 

8 take into consideration existing programs of the intelligence 

9 community, including the education programs of the Na10 tional Security Agency and the Information Assurance 

11 Scholarship Program of the Department of Defense, as ap12 propriate. 

13 (c) DEFINITIONS.—In this section: 

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

15 mean a school that awards a secondary school di16 ploma. 

17 (2) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the mean19 ing given the term in section 101(a) of the Higher 

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

21 (3) SECONDARY SCHOOL.—The term ‘‘secondary 

22 school’’ has the meaning given the term in section 

23 9101 of the Elementary and Secondary Education 

24 Act of 1965 (20 U.S.C. 7801). 


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1 SEC. 327. ASSESSMENT OF SECURITY OF DOMESTIC OIL RE2 FINERIES AND RELATED RAIL TRANSPOR3 TATION INFRASTRUCTURE. 

4 (a) ASSESSMENT.—The Under Secretary of Homeland 

5 Security for Intelligence and Analysis shall conduct an in6 telligence assessment of the security of domestic oil refineries 

7 and related rail transportation infrastructure. 

8 (b) SUBMISSION.—Not later than 180 days after the 

9 date of the enactment of this Act, the Under Secretary of 

10 Homeland Security for Intelligence and Analysis shall sub11 mit to the congressional intelligence committees— 

12 (1) the results of the assessment required under 

13 subsection (a); and 

14 (2) any recommendations with respect to intel15 ligence sharing or intelligence collection to improve 

16 the security of domestic oil refineries and related rail 

17 transportation infrastructure to protect the commu18 nities surrounding such refineries or such infrastruc19 ture from potential harm that the Under Secretary 

20 considers appropriate. 

21 SEC. 328. REPEAL OR MODIFICATION OF CERTAIN REPORT22 ING REQUIREMENTS. 

23 (a) REPEAL OF REPORTING REQUIREMENTS.— 

24 (1) THREAT OF ATTACK ON THE UNITED STATES

25 USING WEAPONS OF MASS DESTRUCTION.—Section 


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1 114 of the National Security Act of 1947 (50 U.S.C. 

2 3050) is amended by striking subsection (b). 

3 (2) TREATY ON CONVENTIONAL ARMED FORCES

4 IN EUROPE.—Section 2(5)(E) of the Senate resolution 

5 advising and consenting to ratification of the Docu6 ment Agreed Among the States Parties to the Treaty 

7 on Conventional Armed Forces in Europe (CFE) of 

8 November 19, 1990, adopted at Vienna May 31, 1996 

9 (Treaty Doc. 105-5) (commonly referred to as the 

10 ‘‘CFE Flank Document’’), 105th Congress, agreed to 

11 May 14, 1997, is repealed. 

12 (b) MODIFICATION OF REPORTING REQUIREMENTS.— 

13 (1) INTELLIGENCE ADVISORY COMMITTEES.— 

14 Section 410(b) of the Intelligence Authorization Act 

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

16 read as follows: 

17 ‘‘(b) NOTIFICATION OF ESTABLISHMENT OF ADVISORY

18 COMMITTEE.—The Director of National Intelligence and the 

19 Director of the Central Intelligence Agency shall each notify 

20 the congressional intelligence committees each time each 

21 such Director creates an advisory committee. Each notifica22 tion shall include— 

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

24 including the subject matter of such committee; 


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1 ‘‘(2) a list of members of such advisory com2 mittee; and 

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

4 by the Director of National Intelligence, the reasons 

5 for a determination by the Director under section 

6 4(b)(3) of the Federal Advisory Committee Act (5 

7 U.S.C. App.) that an advisory committee cannot com8 ply with the requirements of such Act.’’. 

9 (2) INTELLIGENCE INFORMATION SHARING.—Sec10 tion 102A(g)(4) of the National Security Act of 1947 

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

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

13 timely manner, report to Congress any statute, regulation, 

14 policy, or practice that the Director believes impedes the 

15 ability of the Director to fully and effectively ensure max16 imum availability of access to intelligence information 

17 within the intelligence community consistent with the pro18 tection of the national security of the United States.’’. 

19 (3) INTELLIGENCE COMMUNITY BUSINESS SYS20 TEM TRANSFORMATION.—Section 506D(j) of the Na21 tional Security Act of 1947 (50 U.S.C. 3100(j)) is 

22 amended in the matter preceding paragraph (1) by 

23 striking ‘‘2015’’ and inserting ‘‘2014’’. 

24 (4) ACTIVITIES OF PRIVACY AND CIVIL LIBERTIES

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1 form and Terrorism Prevention Act of 2004 (42 

2 U.S.C. 2000ee–1(f)(1)) is amended in the matter pre3 ceding subparagraph (A) by striking ‘‘quarterly’’ and 

4 inserting ‘‘semiannually’’. 

5 (c) CONFORMING AMENDMENTS.—The National Secu6 rity Act of 1947 (50 U.S.C. 3001 et seq.) is amended— 

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

8 by striking the item relating to section 114 and in9 serting the following new item: 

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

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

11 (A) by amending the heading to read as fol12 lows: ‘‘ANNUAL REPORT ON HIRING AND RETEN13 TION OF MINORITY EMPLOYEES’’; 

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

15 HIRING AND RETENTION OF MINORITY EMPLOY16 EES.—’’; 

17 (C) by redesignating paragraphs (1) 

18 through (5) as subsections (a) through (e), re19 spectively; 

20 (D) in subsection (b) (as so redesignated)— 

21 (i) by redesignating subparagraphs (A) 

22 through (C) as paragraphs (1) through (3), 

23 respectively; and 

24 (ii) in paragraph (2) (as so redesig25 nated)— 


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1 (I) by redesignating clauses (i) 

2 and (ii) as subparagraphs (A) and 

3 (B), respectively; and 

4 (II) in the matter preceding sub5 paragraph (A) (as so redesignated), by 

6 striking ‘‘clauses (i) and (ii)’’ and in7 serting ‘‘subparagraphs (A) and (B)’’; 

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

9 subparagraph (C) of this paragraph), by striking 

10 ‘‘subsection’’ and inserting ‘‘section’’; and 

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

12 subparagraph (C) of this paragraph)— 

13 (i) by redesignating subparagraphs (A) 

14 through (C) as paragraphs (1) through (3), 

15 respectively; and 

16 (ii) by striking ‘‘subsection,’’ and in17 serting ‘‘section’’; and 

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

19 (A) in subsection (a)— 

20 (i) by striking ‘‘(1) The date’’ and in21 serting ‘‘The date’’; 

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

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

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


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1 (iv) by redesignating subparagraphs 

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

3 (6), respectively; 

4 (B) in subsection (c)(1)— 

5 (i) by striking ‘‘(A) Except’’ and in6 serting ‘‘Except’’; and 

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

8 (C) in subsection (d)(1)— 

9 (i) in subparagraph (A)— 

10 (I) by striking ‘‘subsection (a)(1)’’ 

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

12 (II) by inserting ‘‘and’’ after 

13 ‘‘March 1;’’; 

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

15 (iii) by redesignating subparagraph 

16 (C) as subparagraph (B). 

17 TITLE IV—MATTERS RELATING 

18 TO ELEMENTS OF THE INTEL19 LIGENCE COMMUNITY 

20 SEC. 401. GIFTS, DEVISES, AND BEQUESTS TO THE CENTRAL 

21 INTELLIGENCE AGENCY. 

22 Section 12 of the Central Intelligence Agency Act of 

23 1949 (50 U.S.C. 3512) is amended— 

24 (1) by striking the section heading and inserting 

25 ‘‘GIFTS, DEVISES, AND BEQUESTS’’; 


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1 (2) in subsection (a)(2)— 

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

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

4 (B) by striking ‘‘this section’’ and inserting 

5 ‘‘this subsection’’; 

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

7 and inserting ‘‘subsection (a),’’; 

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

9 and inserting ‘‘subsection (a),’’; 

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

11 and inserting ‘‘subsection (a)’’; 

12 (6) by redesignating subsection (f) as subsection 

13 (g); and 

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

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

16 official capacity for the benefit of nonprofit organizations 

17 that provide support to surviving family members of de18 ceased Agency employees or that otherwise provide support 

19 for the welfare, education, or recreation of Agency employ20 ees, former Agency employees, or their family members. 

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

22 the raising of funds through the active participation in the 

23 promotion, production, or presentation of an event designed 

24 to raise funds and does not include the direct solicitation 

25 of money by any other means.’’. 


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1 SEC. 402. INSPECTOR GENERAL OF THE NATIONAL SECU2 RITY AGENCY. 

3 (a) ELEVATION OF INSPECTOR GENERAL STATUS.— 

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

5 amended— 

6 (1) in section 8G(a)(2), by striking ‘‘the Na7 tional Security Agency,’’; and 

8 (2) in section 12— 

9 (A) in paragraph (1), by inserting ‘‘the Na10 tional Security Agency,’’ after ‘‘the Federal 

11 Emergency Management Agency,’’; and 

12 (B) in paragraph (2), by inserting ‘‘the Na13 tional Security Agency,’’ after ‘‘the National 

14 Aeronautics and Space Administration,’’. 

15 (b) DATE OF APPOINTMENT.—Not later than 90 days 

16 after the date of the enactment of this Act, the President 

17 shall nominate a person for appointment, by and with the 

18 advice and consent of the Senate, as Inspector General of 

19 the National Security Agency under section 3(a) of the In20 spector General Act of 1978 (5 U.S.C. App.) consistent with 

21 the amendments made by subsection (a). 

22 (c) TRANSITION RULE.—An individual serving as In23 spector General of the National Security Agency on the date 

24 of the enactment of this Act pursuant to an appointment 

25 made under section 8G of the Inspector General Act of 1978 

26 (5 U.S.C. App.)— 


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1 (1) may continue so serving until the President 

2 makes an appointment under section 3(a) of such Act 

3 with respect to the National Security Agency con4 sistent with the amendments made by subsection (a); 

5 and 

6 (2) shall, while serving under paragraph (1), re7 main subject to the provisions of section 8G of such 

8 Act that, immediately before the date of the enactment 

9 of this Act, applied with respect to the Inspector Gen10 eral of the National Security Agency and suffer no re11 duction in pay. 

12 (d) SPECIAL PROVISIONS CONCERNING THE NATIONAL

13 SECURITY AGENCY.—The Inspector General Act of 1978 (5 

14 U.S.C. App.) is amended by inserting after section 8J the 

15 following new section: 

16 ‘‘SEC. 8K. SPECIAL PROVISIONS CONCERNING THE NA17 TIONAL SECURITY AGENCY. 

18 ‘‘(a) GENERAL COUNSEL TO THE INSPECTOR GEN19 ERAL.— 

20 ‘‘(1) IN GENERAL.—There is a General Counsel 

21 to the Inspector General of the National Security 

22 Agency, who shall be appointed by the Inspector Gen23 eral of the National Security Agency. 


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1 ‘‘(2) DUTIES.—The General Counsel to the In2 spector General of the National Security Agency 

3 shall— 

4 ‘‘(A) serve as the chief legal officer of the Of5 fice of the Inspector General of the National Se6 curity Agency; 

7 ‘‘(B) provide legal services only to the In8 spector General of the National Security Agency; 

9 ‘‘(C) prescribe professional rules of ethics 

10 and responsibilities for employees and officers of, 

11 and contractors to, the National Security Agen12 cy; 

13 ‘‘(D) perform such functions as the Inspec14 tor General may prescribe; and 

15 ‘‘(E) serve at the discretion of the Inspector 

16 General. 

17 ‘‘(3) OFFICE OF THE GENERAL COUNSEL.—There 

18 is an Office of the General Counsel to the Inspector 

19 General of the National Security Agency. The Inspec20 tor General may appoint to the Office to serve as staff 

21 of the General Counsel such legal counsel as the In22 spector General considers appropriate. 

23 ‘‘(b) TESTIMONY.— 

24 ‘‘(1) AUTHORITY TO COMPEL.—The Inspector 

25 General of the National Security Agency is authorized 


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1 to require by subpoena the attendance and testimony 

2 of former employees of the National Security Agency 

3 or contractors, former contractors, or former detailees 

4 to the National Security Agency as necessary in the 

5 performance of functions assigned to the Inspector 

6 General by this Act. 

7 ‘‘(2) REFUSAL TO OBEY.—A subpoena issued 

8 under this subsection, in the case of contumacy or re9 fusal to obey, shall be enforceable by order of any ap10 propriate United States district court. 

11 ‘‘(3) NOTIFICATION.—The Inspector General 

12 shall notify the Attorney General 7 days before 

13 issuing any subpoena under this section. 

14 ‘‘(c) PROHIBITIONS ON INVESTIGATIONS FOR NA15 TIONAL SECURITY REASONS.— 

16 ‘‘(1) EVALUATIONS OF PROHIBITIONS.—Not later 

17 than 7 days after the date on which the Inspector 

18 General of the National Security Agency receives no19 tice or a statement under section 8G(d)(2)(C) of the 

20 reasons the Secretary of Defense is prohibiting the In21 spector General from initiating, carrying out, or com22 pleting any audit or investigation, the Inspector Gen23 eral shall submit to the Permanent Select Committee 

24 on Intelligence and the Committee on Armed Services 

25 of the House of Representatives and the Select ComVerDate Mar 15 2010 21:38 May 27, 2014 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H4681.RH H4681

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1 mittee on Intelligence and the Committee on Armed 

2 Services of the Senate an evaluation of such notice or 

3 such statement. 

4 ‘‘(2) INCLUSION IN SEMI-ANNUAL REPORT.—The 

5 Inspector General shall include in the semiannual re6 port prepared by the Inspector General in accordance 

7 with section 5(a) a description of the instances in 

8 which the Secretary of Defense prohibited the Inspec9 tor General from initiating, carrying out, or com10 pleting any audit or investigation during the period 

11 covered by such report.’’. 

12 TITLE V—SECURITY CLEARANCE 

13 REFORM 

14 SEC. 501. CONTINUOUS EVALUATION AND SHARING OF DE15 ROGATORY INFORMATION REGARDING PER16 SONNEL WITH ACCESS TO CLASSIFIED INFOR17 MATION. 

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

19 (50 U.S.C. 3024(j)) is amended— 

20 (1) in the heading, by striking ‘‘SENSITIVE COM21 PARTMENTED INFORMATION’’ and inserting ‘‘CLASSI22 FIED INFORMATION’’; 

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

24 inserting a semicolon; 


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

2 inserting a semicolon; and 

3 (4) by adding at the end the following new para4 graphs: 

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

6 or officer of an element of the intelligence community, 

7 each contractor to an element of the intelligence com8 munity, and each individual employee of such a con9 tractor who has been determined to be eligible for ac10 cess to classified information is monitored on a con11 tinual basis under standards developed by the Direc12 tor, including with respect to the frequency of evalua13 tion, during the period of eligibility of such employee 

14 or officer of an element of the intelligence community, 

15 such contractor, or such individual employee to such 

16 a contractor to determine whether such employee or 

17 officer of an element of the intelligence community, 

18 such contractor, and such individual employee of such 

19 a contractor continues to meet the requirements for 

20 eligibility for access to classified information; and 

21 ‘‘(6) develop procedures to require information 

22 sharing between elements of the intelligence commu23 nity concerning potentially derogatory security infor24 mation regarding an employee or officer of an ele25 ment of the intelligence community, a contractor to 


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1 an element of the intelligence community, or an indi2 vidual employee of such a contractor that may impact 

3 the eligibility of such employee or officer of an ele4 ment of the intelligence community, such contractor, 

5 or such individual employee of such a contractor for 

6 a security clearance.’’. 

7 SEC. 502. REQUIREMENTS FOR INTELLIGENCE COMMUNITY 

8 CONTRACTORS. 

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

10 Security Act of 1947 (50 U.S.C. 3024) is amended by add11 ing at the end the following new subsection: 

12 ‘‘(x) REQUIREMENTS FOR INTELLIGENCE COMMUNITY

13 CONTRACTORS.—The Director of National Intelligence, in 

14 consultation with the head of each department of the Fed15 eral Government that contains an element of the intelligence 

16 community and the Director of the Central Intelligence 

17 Agency, shall— 

18 ‘‘(1) ensure that— 

19 ‘‘(A) any contractor to an element of the in20 telligence community with access to a classified 

21 network or classified information develops and 

22 operates a security plan that is consistent with 

23 standards established by the Director of National 

24 Intelligence for intelligence community networks; 

25 and 


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

2 of the intelligence community includes provisions 

3 requiring the contractor comply with such plan 

4 and such standards; 

5 ‘‘(2) conduct periodic assessments of each secu6 rity plan required under paragraph (1)(A) to ensure 

7 such security plan complies with the requirements of 

8 such paragraph; and 

9 ‘‘(3) ensure that the insider threat detection ca10 pabilities and insider threat policies of the intel11 ligence community apply to facilities of contractors 

12 with access to a classified network.’’. 

13 (b) APPLICABILITY.—The amendment made by sub14 section (a) shall apply with respect to contracts entered into 

15 or renewed after the date of the enactment of this Act. 

16 SEC. 503. TECHNOLOGY IMPROVEMENTS TO SECURITY 

17 CLEARANCE PROCESSING. 

18 (a) IN GENERAL.—The Director of National Intel19 ligence, in consultation with the Secretary of Defense and 

20 the Director of the Office of Personnel Management, shall 

21 conduct an analysis of the relative costs and benefits of po22 tential improvements to the process for investigating per23 sons who are proposed for access to classified information 

24 and adjudicating whether such persons satisfy the criteria 

25 for obtaining and retaining access to such information. 


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1 (b) CONTENTS OF ANALYSIS.—In conducting the anal2 ysis required by subsection (a), the Director of National In3 telligence shall evaluate the costs and benefits associated 

4 with— 

5 (1) the elimination of manual processes in secu6 rity clearance investigations and adjudications, if 

7 possible, and automating and integrating the elements 

8 of the investigation process, including— 

9 (A) the clearance application process; 

10 (B) case management; 

11 (C) adjudication management; 

12 (D) investigation methods for the collection, 

13 analysis, storage, retrieval, and transfer of data 

14 and records; and 

15 (E) records management for access and eli16 gibility determinations; 

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

18 the use of databases and information sources that 

19 cannot be accessed and processed automatically elec20 tronically, or modification of such databases and in21 formation sources, to enable electronic access and 

22 processing; 

23 (3) the use of government-developed and commer24 cial technology for continuous monitoring and evalua25 tion of government and commercial data sources that 


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1 can identify and flag information pertinent to adju2 dication guidelines and eligibility determinations; 

3 (4) the standardization of forms used for routine 

4 reporting required of cleared personnel (such as trav5 el, foreign contacts, and financial disclosures) and use 

6 of continuous monitoring technology to access data7 bases containing such reportable information to inde8 pendently obtain and analyze reportable data and 

9 events; 

10 (5) the establishment of an authoritative central 

11 repository of personnel security information that is 

12 accessible electronically at multiple levels of classifica13 tion and eliminates technical barriers to rapid access 

14 to information necessary for eligibility determinations 

15 and reciprocal recognition thereof; 

16 (6) using digitally processed fingerprints, as a 

17 substitute for ink or paper prints, to reduce error 

18 rates and improve portability of data; 

19 (7) expanding the use of technology to improve 

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

21 pending security clearance application or reinvestiga22 tion; and 

23 (8) using government and publicly available 

24 commercial data sources, including social media, that 

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1 dication guidelines to improve quality and timeliness, 

2 and reduce costs, of investigations and reinvestiga3 tions. 

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

5 after the date of the enactment of this Act, the Director of 

6 National Intelligence shall submit to the appropriate com7 mittees of Congress a report on the analysis required by 

8 subsection (a). 

9 SEC. 504. REPORT ON RECIPROCITY OF SECURITY CLEAR10 ANCES. 

11 The head of the entity selected pursuant to section 

12 3001(b) of the Intelligence Reform and Terrorism Preven13 tion Act of 2004 (50 U.S.C. 3341(b)) shall submit to the 

14 appropriate committees of Congress a report each year 

15 through 2017 that describes for the preceding year— 

16 (1) the periods of time required by authorized 

17 adjudicative agencies for accepting background inves18 tigations and determinations completed by an author19 ized investigative entity or authorized adjudicative 

20 agency; 

21 (2) the total number of cases in which a back22 ground investigation or determination completed by 

23 an authorized investigative entity or authorized adju24 dicative agency is accepted by another agency; 


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1 (3) the total number of cases in which a back2 ground investigation or determination completed by 

3 an authorized investigative entity or authorized adju4 dicative agency is not accepted by another agency; 

5 and 

6 (4) such other information or recommendations 

7 as the head of the entity selected pursuant to such sec8 tion 3001(b) considers appropriate. 

9 SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION 

10 PROCESS. 

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

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

13 until December 31, 2017, the Director of National Intel14 ligence, in consultation with the Secretary of Defense and 

15 the Director of the Office of Personnel Management, shall 

16 transmit to the appropriate committees of Congress a stra17 tegic plan for updating the process for periodic reinvestiga18 tions consistent with a continuous evaluation program. 

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

20 shall include— 

21 (1) an analysis of the costs and benefits associ22 ated with conducting periodic reinvestigations; 

23 (2) an analysis of the costs and benefits associ24 ated with replacing some or all periodic reinvestiga25 tions with a program of continuous evaluation; 


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

2 ad hoc periodic reinvestigations are necessary on an 

3 annual basis for each component of the Federal Gov4 ernment with employees with security clearances; 

5 (4) an analysis of the potential benefits of ex6 panding the Government’s use of continuous evalua7 tion tools as a means of improving the effectiveness 

8 and efficiency of procedures for confirming the eligi9 bility of personnel for continued access to classified 

10 information; and 

11 (5) an analysis of how many personnel with out12 of-scope background investigations are employed by, 

13 or contracted or detailed to, each element of the intel14 ligence community. 

15 (c) PERIODIC REINVESTIGATIONS DEFINED.—In this 

16 section, the term ‘‘periodic reinvestigations’’ has the mean17 ing given that term in section 3001(a) of the Intelligence 

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

19 3341(a)). 

20 SEC. 506. APPROPRIATE COMMITTEES OF CONGRESS DE21 FINED. 

22 In this title, the term ‘‘appropriate committees of Con23 gress’’ means— 

24 (1) the congressional intelligence committees; 


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1 (2) the Committee on Armed Services and the 

2 Committee on Homeland Security and Governmental 

3 Affairs of the Senate; and 

4 (3) the Committee on Armed Services and the 

5 Committee on Homeland Security of the House of 

6 Representatives. 

7 TITLE VI—TECHNICAL 

8 AMENDMENTS 

9 SEC. 601. TECHNICAL AMENDMENTS TO THE CENTRAL IN10 TELLIGENCE AGENCY ACT OF 1949. 

11 Section 21 of the Central Intelligence Agency Act of 

12 1949 (50 U.S.C. 3521) is amended— 

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

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

15 (2) in subsection (c)(2)(E), by striking ‘‘pro16 vider.’’ and inserting ‘‘provider’’. 

17 SEC. 602. TECHNICAL AMENDMENTS TO THE NATIONAL SE18 CURITY ACT OF 1947 RELATING TO THE PAST 

19 ELIMINATION OF CERTAIN POSITIONS. 

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

21 (50 U.S.C. 3021(a)) is amended— 

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

23 and inserting ‘‘; and’’; 

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


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1 (3) by redesignating paragraph (8) as para2 graph (6); and 

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

4 striking ‘‘the Chairman of the Munitions Board, and 

5 the Chairman of the Research and Development 

6 Board,’’. 

7 SEC. 603. TECHNICAL AMENDMENTS TO THE INTELLIGENCE 

8 AUTHORIZATION ACT FOR FISCAL YEAR 2013. 

9 (a) AMENDMENTS.—Section 506 of the Intelligence Au10 thorization Act for Fiscal Year 2013 (Public Law 112–277; 

11 126 Stat. 2478) is amended— 

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

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

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

15 310(a)(4)(B) of this Act,’’ before ‘‘is amended’’. 

16 (b) EFFECTIVE DATE.—The amendments made by sub17 section (a) shall take effect as if included in the enactment 

18 of the Intelligence Authorization Act for Fiscal Year 2013 

19 (Public Law 112–277). 


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Union Calendar No. 343 

113TH CONGRESS 

2D SESSION H. R. 4681 

[Report No. 113–463] 

A BILL 

To authorize appropriations for fiscal years 2014 

ability System, and for other purposes. tral Intelligence Agency Retirement and DisCommunity Management Account, and the Cenactivities of the United States Government, the and 2015 for intelligence and intelligence-related 

MAY 27, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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