Intelligence Authorization Act for Fiscal Year 2014

To authorize appropriations for fiscal year 2014 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. Title II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. Title III—General provisions Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information. Sec. 304. Requirements for intelligence community contractors. Sec. 305. Repeal or modification of certain reporting requirements. Sec. 306. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community. Sec. 307. Plans to respond to unauthorized public disclosures of covert actions. Sec. 308. Official representation items in support of the Coast Guard Attaché Program. Sec. 309. Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1, 2011. Sec. 310. Report on electronic waste. Sec. 311. Plan to encourage and promote cybersecurity and computer literacy among students. Title IV—Technical amendments Sec. 401. Technical amendments to the Central Intelligence Agency Act of 1949. Sec. 402. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions. Sec. 403. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013. 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees (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 50 U.S.C. 3003(4) I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2014 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2014, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. 3381 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability to committees of Congress 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. 103. Personnel ceiling adjustments (a) Authority for increases With the approval of the Director of the Office of Management and Budget, the Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2014 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such Schedule for such element. (b) 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). 104. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2014 the sum of $600,874,157. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2015. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 837 full-time or full-time equivalent personnel as of September 30, 2014. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2014 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2015. (2) Authorization of personnel In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2014, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). II Central Intelligence Agency Retirement and Disability System 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2014 the sum of $514,000,000. III General provisions 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. 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. 303. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information Section 102A(j) of the National Security Act of 1947 ( 50 U.S.C. 3024(j) (1) in the heading, by striking Sensitive Compartmented Information Classified Information (2) in paragraph (3), by striking ; and (3) in paragraph (4), by striking the period and inserting a semicolon; and (4) by adding at the end the following new paragraphs: (5) ensure that the background of each employee or officer of an element of the intelligence community, each contractor to an element of the intelligence community, and each individual employee of such a contractor who has been determined to be eligible for access to classified information is monitored on a continual basis under standards developed by the Director, including with respect to the frequency of evaluation, during the period of eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee to such a contractor to determine whether such employee or officer of an element of the intelligence community, such contractor, and such individual employee of such a contractor continues to meet the requirements for eligibility for access to classified information; and (6) develop procedures to require information sharing between elements of the intelligence community concerning potentially derogatory security information regarding an employee or officer of an element of the intelligence community, a contractor to an element of the intelligence community, or an individual employee of such a contractor that may impact the eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee of such a contractor for a security clearance. . 304. Requirements for intelligence community contractors (a) Requirements Section 102A of the National Security Act of 1947 ( 50 U.S.C. 3024 (x) Requirements for intelligence community contractors The Director of National Intelligence, in consultation with the head of each department of the Federal Government that contains an element of the intelligence community and the Director of the Central Intelligence Agency, shall— (1) ensure that— (A) any contractor to an element of the intelligence community with access to a classified network or classified information develops and operates a security plan that is consistent with standards established by the Director of National Intelligence for intelligence community networks; and (B) each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards; (2) conduct periodic assessments of each security plan required under paragraph (1)(A) to ensure such security plan complies with the requirements of such paragraph; and (3) ensure that the insider threat detection capabilities and insider threat policies of the intelligence community apply to facilities of contractors with access to a classified network. . (b) Applicability The amendment made by subsection (a) shall apply with respect to contracts entered into or renewed after the date of the enactment of this Act. 305. Repeal or modification of certain reporting requirements (a) Repeal of report on the threat of attack on the United States using weapons of mass destruction Section 114 of the National Security Act of 1947 ( 50 U.S.C. 3050 (b) Modification of reporting requirements (1) Intelligence advisory committees Section 410(b) of the Intelligence Authorization Act for Fiscal Year 2010 ( 50 U.S.C. 3309 (b) Notification of establishment of advisory committee The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates an advisory committee. Each notification shall include— (1) a description of such advisory committee, including the subject matter of such committee; (2) a list of members of such advisory committee; and (3) in the case of an advisory committee created by the Director of National Intelligence, the reasons for a determination by the Director under section 4(b)(3) . (2) Intelligence information sharing Section 102A(g)(4) of the National Security Act of 1947 ( 50 U.S.C. 3024(g)(4) (4) The Director of National Intelligence shall, in a timely manner, report to Congress any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively ensure maximum availability of access to intelligence information within the intelligence community consistent with the protection of the national security of the United States. . (c) Conforming amendments The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. (1) in the table of contents in the first section, by striking the item relating to section 114 and inserting the following new item: Sec. 114. Annual report on hiring and retention of minority employees. ; (2) in section 114 ( 50 U.S.C. 3050 (A) by amending the heading to read as follows: Annual report on hiring and retention of minority employees (B) by striking (a) (C) by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively; (D) in subsection (b) (as so redesignated)— (i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and (ii) in paragraph (2) (as so redesignated)— (I) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (II) in the matter preceding subparagraph (A) (as so redesignated), by striking clauses (i) and (ii) subparagraphs (A) and (B) (E) in subsection (e) (as redesignated by subparagraph (C) of this paragraph), by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and (3) in section 507 ( 50 U.S.C. 3106 (A) in subsection (a)— (i) by striking (1) The date The date (ii) by striking subsection (c)(1)(A) subsection (c)(1) (iii) by striking paragraph (2); and (iv) by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6), respectively; (B) in subsection (c)(1)— (i) by striking (A) Except Except (ii) by striking subparagraph (B); and (C) in subsection (d)(1)— (i) in subparagraph (A)— (I) by striking subsection (a)(1) subsection (a) (II) by inserting and March 1; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B). 306. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community Section 103H(g)(3) of the National Security Act of 1947 ( 50 U.S.C. 3033(g)(3) (1) in subparagraph (A), by striking ; and (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A), the following new subparagraph: (B) the identity of the employee shall be exempt from disclosure under section 552 Freedom of Information Act . 307. Plans to respond to unauthorized public disclosures of covert actions Section 503 of the National Security Act of 1947 ( 50 U.S.C. 3093 (h) For each type of activity undertaken as part of a covert action, the President shall establish in writing a plan to respond to the unauthorized public disclosure of that type of activity. . 308. Official representation items in support of the Coast Guard Attaché Program Notwithstanding any other limitation on the amount of funds that may be used for official representation items, the Secretary of Homeland Security may use funds made available to the Secretary through the National Intelligence Program for necessary expenses for the operation and maintenance of the Coast Guard for official representation items in support of the Coast Guard Attaché Program. 309. Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1, 2011 Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall— (1) in the manner described in the classified annex to this Act, complete a declassification review of documents collected in Abbottabad, Pakistan, during the mission that killed Osama bin Laden on May 1, 2011; (2) make publicly available any information declassified as a result of the declassification review required under paragraph (1); and (3) report to the congressional intelligence committees— (A) the results of the declassification review required under paragraph (1); and (B) a justification for not declassifying any information required to be included in such declassification review that remains classified. 310. Report on electronic waste (a) Report Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the extent to which the intelligence community has implemented the recommendations of the Inspector General of the Intelligence Community contained in the report entitled Study of Intelligence Community Electronic Waste Disposal Practices (b) Definitions In this section: (1) Covered commercial electronic waste The term covered commercial electronic waste (2) Electronic waste The term electronic waste 311. Plan to encourage and promote cybersecurity and computer literacy among students (a) Plan 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 plan to establish a national program to conduct competitions and challenges and to offer internships at elements of the intelligence community to promote cybersecurity and computer literacy among students attending high schools or institutions of higher education in the United States. Such plan shall include cost estimates for carrying out the plan and strategies for conducting expedited security clearance investigations and adjudications for purposes of offering such internships. (b) Consideration of existing programs In developing the plan under subsection (a), the Director shall take into consideration and leverage existing programs of the intelligence community, including the education programs of the National Security Agency and the Information Assurance Scholarship Program of the Department of Defense, as appropriate. (c) Definitions In this section: (1) High school The term high school (2) Institution of higher education The term institution of higher education 20 U.S.C. 1001(a) (3) Secondary school The term secondary school 20 U.S.C. 7801 IV Technical amendments 401. Technical amendments to the Central Intelligence Agency Act of 1949 Section 21 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3521 (1) in subsection (b)(1)(D), by striking section (a) subsection (a) (2) in subsection (c)(2)(E), by striking provider. provider 402. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions Section 101(a) of the National Security Act of 1947 ( 50 U.S.C. 3021(a) (1) in paragraph (5), by striking the semicolon and inserting ; and (2) by striking paragraphs (6) and (7); (3) by redesignating paragraph (8) as paragraph (6); and (4) in paragraph (6) (as so redesignated), by striking the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, 403. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013 (a) Amendment Section 506 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 (1) by striking Section 606(5) Paragraph (5) of section 605 (2) by inserting , as redesignated by section 310(a)(4)(B) of this Act, is amended (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 November 25, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Intelligence Authorization Act for Fiscal Year 2014 - Title I: Intelligence Activities - (Sec. 101) Authorizes appropriations for FY2014 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence; (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy (DOE), and Justice (DOJ); (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office; (12) National Geospatial-Intelligence Agency; and (13) Department of Homeland Security (DHS). (Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2014, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President. Prohibits the President from publicly disclosing the classified Schedule of Authorizations or any portion of such Schedule, except: (1) as provided in the Implementing Recommendations of the 9/11 Commission Act of 2007, (2) to the extent necessary to implement the budget, or (3) as otherwise required by law. (Sec. 103) Allows the Director of National Intelligence, with the approval of the Director of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2014 when necessary for the performance of important intelligence functions. Requires written notification to the congressional intelligence committees on the use of such authority. (Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for full-time personnel for elements within such Account. Authorizes funds identified for advanced research and development in the classified Schedule of Authorizations to remain available until September 30, 2015. Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund. Title III: General Provisions - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law. (Sec. 302) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Amends the National Security Act of 1947 to require the Director of National Intelligence to: (1) ensure that the background of each employee or officer and contractor of the intelligence community is monitored continuously to determine their eligibility for access to classified information; and (2) develop procedures to require sharing of potentially derogatory security information concerning an employee officer, contractor, or employee of a contractor of the intelligence community that may impact the eligibility of such individuals for a security clearance. (Sec. 304) Requires the Director of National Intelligence and the CIA Director to: (1) ensure that any contractor to an element of the intelligence community with access to classified information develops and operates a security plan that is consistent with standards established by the Director of National Intelligence for intelligence community networks, (2) conduct periodic assessments of each such security plan, and (3) ensure that the insider threat detection capabilities and policies of the intelligence community apply to facilities of contractors with access to a classified network. (Sec. 305) Repeals provisions of the National Security Act of 1947 requiring a report on the threat of attack using weapons of mass destruction. Requires the Director of National Intelligence and the CIA Director to notify the congressional intelligence committees each time the Director creates an advisory committee and to include a description of such committee and its subject matter. (Sec. 306) Amends the National Security Act of 1947 to: (1) exempt from Freedom of Information Act (FOIA) disclosure requirements the identities of employees submitting complaints to the Inspector General of the Intelligence Community, and (2)  require the President to establish in writing a plan to respond to the unauthorized public disclosure of an activity within a covert action program. (Sec. 308) Authorizes the DHS Secretary to use funds available through the National Intelligence Program for official representation items in support of the Coast Guard Attache Program. (Sec. 309) Requires the Director of National Intelligence, within 120 days after the enactment of this Act, to: (1) complete a declassification review of documents collected in Abbottabad, Pakistan, during the mission that killed Osama bin Laden on May 1, 2011; (2) make publicly available any information that is declassified as a result of such review; and (3) report to Congress on as to why any such information must remain classified. (Sec. 310) Requires the Director of National Intelligence to submit to the congressional intelligence committees: (1) a report on the extent to which the intelligence community has implemented recommendations of the Inspector General of the Intelligence Community on electronic waste, and (2) a plan to establish a national program to promote cybersecurity and computer literacy among students in high schools or institutions of higher education. Title IV: Technical Amendments - Makes technical amendments to the Central Intelligence Agency Act of 1949, the National Security Act of 1947, and the Intelligence Authorization Act for Fiscal Year 2013.