Intelligence Authorization Act for Fiscal Year 2014

Bill: 113-s-1681
Sponsor: Sen. Feinstein, Dianne [D-CA]
Introduced: 2013-11-12 in the Senate
Policy area: Armed Forces and National Security
Subjects: Accounting and auditing
Administrative law and regulatory procedures
Administrative remedies
Advisory bodies
Appropriations
Arms control and nonproliferation
Aviation and airports
Caribbean area
Central Intelligence Agency (CIA)
Chemical and biological weapons
Coast guard
Computer security and identity theft
Computers and information technology
Congressional oversight
Cuba
Department of Defense
Department of Energy
Department of Homeland Security
Department of Justice
Department of State
Department of the Treasury
Director of National Intelligence
Disability and paralysis
Drug Enforcement Administration (DEA)
Employment discrimination and employee rights
Europe
Executive agency funding and structure
Federal Bureau of Investigation (FBI)
Federal officials
Fraud offenses and financial crimes
Freedom of information
Government employee pay, benefits, personnel management
Government studies and investigations
Government trust funds
Intelligence activities, surveillance, classified information
International law and treaties
Latin America
Licensing and registrations
Middle East
Military procurement, research, weapons development
Minority employment
National Security Agency
Public contracts and procurement
Right of privacy
Sanctions
Syria
Terrorism
Trade restrictions
Women's employment

Summary:
action_date: 2013-11-12
text: 
Intelligence Authorization Act for Fiscal Year 2014 - 
Title I: Budget and Personnel Authorizations - 
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).
 
Provides that the amounts authorized and the authorized personnel ceilings as of September 30, 2014, for intelligence activities are those specified in the classified Schedule of Authorizations, which shall be made available to the House and Senate Committees on Appropriations and the President.
 
Authorizes the Director of National Intelligence to authorize employment of civilian personnel in excess of the number authorized for FY2014 when necessary for the performance of important intelligence functions. Requires notification to the congressional intelligence committees of the use of such authority.
 
Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for full-time personnel for elements within such Account.
 

Title II: Central Intelligence Agency Retirement and Disability System - 
Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.
 

Title III: General Intelligence Community Matters - 
Declares that the authorization of appropriations by this Act shall not be deemed to authorize any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. 
 
Directs the President to designate certain U.S. officers or employees as functional managers for signals intelligence, human intelligence, geospatial intelligence, and other necessary intelligence disciplines.
 
Requires the chief information officer of each element of the intelligence community and the Chief Information Officer of the Intelligence Community to conduct inventories of all existing software licences of each element, including utilized and unutilized licenses.
 
Extends the authority for the Public Interest Declassification Board until December 31, 2018. 
 
Amends the Inspector General Act of 1978 to permit an intelligence community employee or contractor who intends to report to Congress a complaint or information with respect to an urgent concern to report such complaint or information to the Inspector General of the Intelligence Community. 
 

Requires the head of an element of the intelligence community to notify the Director of National Intelligence upon determining that a U.S. person is engaged in acts of international terrorism against the United States such that the government is considering the legality or use of targeted lethal force against such person.
 
Requires the President to prepare and make public an annual report on the use of targeted lethal force outside the United States.
 

Requires the Attorney General to provide the congressional intelligence committees with a listing of every opinion of the DOD Office of Legal Counsel that has been provided to an element of the intelligence community. Requires reports on: (1) plans for the orderly shutdown of intelligence agencies in the absence of appropriations, (2) the Syrian chemical weapons program, and (3) penetrations of networks and information systems of intelligence contractors.
 

Title IV: Matters Relating to Elements of the Intelligence Community - 
Amends the National Security Act of 1959 to require the Director of the National Security Agency (NSA) and the Inspector General of NSA to be appointed by the President with the advice and consent of the Senate.
 

Amends the National Security Act of 1947 to require the Director of the National Reconnaissance Office (NRO) and the Inspector General of NRO to be appointed by the President with the advice and consent of the Senate. 
 

Title V: Security Clearance Reform - 
Requires the Director of National Intelligence, in consultation with the DOD Secretary and the Director of the Office of Personnel Management (OPM), to conduct an analysis of the relative costs and benefits of improving the process for investigating persons for access to classified information.
 
Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to prohibit an agency from rejecting another agency's access determination on the basis that such determination is out-of-scope, unless the rejecting agency does not employ any personnel who have background investigations that are out-of-scope. 
 
Requires the Director of National Intelligence to report on a strategic plan for improving the process for periodic background reinvestigations for updating security clearances. 
 

Title VI: Intelligence Community Whistleblower Protections - 
Extends whistleblower protections to employees of the intelligence community, including protections against retaliatory revocation of security clearances and adverse access determinations. 
 

Title VII: Other Matters - 
Eliminates the termination date for provisions requiring notification to congressional intelligence committees regarding the authorized disclosure of national intelligence or intelligence related to national security.
 
Amends the Central Intelligence Agency Act of 1949 to authorize the CIA Director to engage in fundraising for the benefit of nonprofit organizations that provide support to surviving family members of deceased CIA employees.

action_date: 2013-11-13
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Intelligence Authorization Act for Fiscal Year 2014 - 
Title I: Budget and Personnel Authorizations 
- (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 (NRO); (12) National Geospatial-Intelligence Agency (NGA); and (13) Department of Homeland Security (DHS).
 
(Sec. 102) Provides that the amounts authorized to be appropriated by this Act and the authorized personnel ceilings as of September 30, 2014, for intelligence activities are those specified in the classified Schedule of Authorizations, which shall be made available to the House and Senate Committees on Appropriations and the President. Prohibits the President from publicly disclosing the classified Schedule of Authorizations or any portion of such Schedule except as provided in the Implementing Recommendations of the 9/11 Commission Act of 2007, to the extent necessary to implement the budget, or as otherwise required by law. 
 
(Sec. 103) Authorizes the Director of National Intelligence (DNI) to authorize employment of civilian personnel in excess of the number authorized for FY2014 when necessary for the performance of important intelligence functions, limited to 3% of the number of civilian personnel authorized for each intelligence element. Requires notification to the congressional intelligence committees of the use of such authority.
 
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as the authorized personnel levels for elements within such Account (855 positions as of September 30, 2014). Allows funds allocated for advance research and development to remain available until September 30, 2015. Authorizes additional appropriations and personnel for the Account as specified in the classified Schedule of Authorizations.
 

Title II: Central Intelligence Agency Retirement and Disability System
 - (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.
 
(Sec. 202) Amends the Central Intelligence Agency Retirement Act to expand the definition of "qualifying service," for purposes of creditable service determinations under the Federal Employees Retirement System (FERS) and the Central Intelligence Agency Retirement and Disability System, to include duties in support of intelligence activities hazardous to life or health or duties that are so specialized as to be clearly distinguishable from normal government employment. 
 

Title III: General Intelligence Community Matters - Subtitle A: General Matters
 - (Sec. 301) Declares that the authorization of appropriations by this Act shall not be deemed to authorize any intelligence activity that is not otherwise authorized by the Constitution or the laws of the United States. 
 
(Sec. 302) 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. 303) Amends the National Security Act of 1947 to extend protections against the disclosure of the identity of individuals under the Freedom of Information Act (FOIA) to the Inspector General of the Intelligence Community. 
 
(Sec. 304) Directs the President to designate certain U.S. officers or employees as functional managers for signals intelligence, human intelligence, geospatial intelligence, and other necessary intelligence disciplines as the President determines necessary. Requires such designated officers or employees to report annually to the congressional intelligence committees and the congressional armed services committees concerning the performance of their respective functions. 
 
(Sec. 305) Requires the Office of the DNI, the CIA, the DIA, the NSA, the NRO, and the NGA to undergo a full financial audit each year beginning with their FY2014 financial statements. Requires the chief financial officer of each such agency to provide the congressional intelligence committees an annual audit report on each audit conducted. 
 
(Sec. 306) Requires the chief information officer of each element of the intelligence community to conduct, and the Chief Information Officer of the Intelligence Community to compile and report on, inventories of all existing software licenses of each element, including utilized and unutilized licenses.
 
(Sec. 307) Extends the authority for the Public Interest Declassification Board until December 31, 2018. 
 
(Sec. 308) Amends the Inspector General Act of 1978 to permit an employee of an element of the intelligence community, or of a contractor to the intelligence community, who intends to report to Congress a complaint or information with respect to an urgent concern, to report such complaint or information to the Inspector General of the Intelligence Community. 
 

Subtitle B: Targeted Lethal Force Oversight
 - (Sec. 311) Requires the head of an element of the intelligence community to notify the DNI upon determining that a U.S. person is knowingly engaged in acts of international terrorism against the United States such that the government is considering the legality or the use of targeted lethal force against that person. 
 
Requires the DNI: (1) within 15 days after receipt of such notification, to complete an independent alternative analysis of the information relied on to support such determination; (2) to notify the Inspector General of the Intelligence Community and the congressional intelligence committees of the receipt of such notification; and (3) to notify such committees of the person's identity and the results of the independent analysis.
 
Directs the Inspector General to annually review, and report to the DNI and the congressional intelligence committees on, any notifications received and the compliance of each element of the intelligence community with all appropriate policies and procedures related to the use of targeted lethal force against a U.S. person.
 
(Sec. 312) Requires the President to prepare and make public an annual report on the total number of combatants and noncombatant civilians killed or injured during the preceding year by the use of targeted lethal force outside the United States by remotely piloted aircraft. Excludes from such report any use of targeted lethal force in Afghanistan prior to the end of combat operations or any use of targeted lethal force in a foreign country described by a future declaration or war or authorization for the use of military force. 
 

Subtitle C: Reporting
 - (Sec. 321) Requires the Attorney General to provide an annual listing to the congressional intelligence committees of every opinion of the DOD Office of Legal Counsel that has been provided to an element of the intelligence community. Allows the President to: (1) limit access to information in such listing relating to a covert action, and (2) decline to disclose a particular listing on the ground of executive privilege.
 
(Sec. 322) Requires the DNI, the CIA Director, and each head of each element of the intelligence community within DOD to submit to specified congressional committees a copy of any plan pertaining to agency operations in the absence of appropriations that such officials have submitted to the OMB Director.
 
(Sec. 323) Requires the DNI to submit a report on the Syrian chemical weapons program.
 
(Sec. 324) Requires the DNI to establish procedures requiring each cleared intelligence contractor to report when a network or information system of such contractor has been successfully penetrated. Requires such procedures to provide for reports by contractors that describe the technique or method used in such penetration, a sample of the malicious software involved in such penetration, and a summary of information that has been potentially compromised by such penetration. 
 
(Sec. 325) Repeals reporting requirements pertaining to: (1) the threat of attack on the United States using weapons of mass destruction; (2) commerce with, and assistance to, Cuba from other foreign countries; and (3) uncontrolled treaty-limited equipment.
 
Modifies reporting requirements to: (1) require the DNI to notify the congressional intelligence committees of the creation of an advisory committee (currently, an annual report is required); (2) terminate in 2014 (currently, 2015) the report on intelligence community business system transformation; (3) require semiannual (currently, quarterly) reports on the activities of privacy and civil liberties officers; and (4) require notification to congressional committees, rather than annual reports, of waivers of conditions for disqualification for security clearances. 
 

Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: National Security Agency
 - (Sec. 401) Amends the National Security Act of 1959 to require the Director of the National Security Agency (NSA) and the Inspector General of NSA to be appointed by the President with the advice and consent of the Senate.
 

Subtitle B: National Reconnaissance Office
 - (Sec. 411) 

Amends the National Security Act of 1947 to require the Director and the Inspector General of NRO to be appointed by the President with the advice and consent of the Senate. 
 

Title V: Security Clearance Reform 
- (Sec. 502) Requires the DNI, in consultation with the DOD Secretary and the Director of the Office of Personnel Management (OPM), to conduct an analysis of the relative costs and benefits of improving the process for investigating persons for access to classified information.
 
(Sec. 503) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to prohibit an agency from rejecting another agency's access determination on the basis that such determination is out-of-scope, unless the rejecting agency does not employ any personnel who have background investigations that are out-of-scope. Defines "out-of-scope" to mean a background investigation or reinvestigation that is more than 7 years old in the case of a top secret clearance, more than 10 years old in the case of a secret clearance, or more than 15 years old in the case of a confidential clearance. 
 
(Sec. 504) Requires the DNI to report to Congress each year, through 2017, on the reciprocal treatment of security clearances, including: (1) the periods of time required by authorized adjudicative agencies for accepting background investigations and determinations completed by an authorized investigative entity or authorized adjudicative agency; and (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or adjudicative agency is, or is not, accepted by another agency.
 
(Sec. 505) Requires the DNI, the DOD Secretary, and the OPM Director to submit to Congress a strategic plan for improving the process for periodic reinvestigations. 
 

Title VI: Intelligence Community Whistleblower Protections
 - (Sec. 601) Extends whistleblower protections for employees of an intelligence community element (defined as the CIA, the DIA, the NGA, the NSA, the Office of the DNI, the NRO, and any executive agency that is determined to have as its principal function the conduct of foreign intelligence or counterintelligence activities, excluding the FBI).
 
(Sec. 602) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to: (1) require the development of policies and procedures that permit individuals who, in good faith, appeal an adverse security clearance determination to remain employed while the appeal is pending; (2) require the development and implementation of uniform and consistent policies and procedures to ensure protections during the process for denying, suspending, or revoking a security clearance or access to classified information; and (3) prohibit the revocation of a security clearance or access determination in retaliation for a protected whistleblower disclosure. 
 
Allows a defense intelligence employee to appeal an agency head's adverse final order or decision to the appellate review board established by this title. Grants the board authority to: (1) order corrective action and award compensatory damages and expenses if it determines that an adverse security clearance determination was retaliatory, and (2) recommend the reinstatement of an employee and a security clearance. Requires the review board to notify specified congressional committees of any orders it issues. Requires an agency to notify such committees if it does not follow the board's recommendation to reinstate a security clearance.
 
(Sec. 603) Amends the Inspector General Act of 1978 to require the Inspector General to submit a complaint or information submitted under the Intelligence Community Whistleblower Protection Act or the Central Intelligence Agency Act of 1949 to the DNI, or to the DOD Secretary if the intelligence unit is within DOD, upon determining that submission of the complaint or information to the agency head would create a conflict of interest. Requires the DNI to consult with members of the appellate review board regarding all submissions. Allows an individual who has submitted a complaint or information to an Inspector General to notify any Member of Congress, or congressional staff members, of the submissions made and the date of such submissions. 
 
(Sec. 604) Defines "congressional oversight committees" to mean the congressional intelligence committees, the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Oversight and Government Reform. 
 
Requires the DNI to: (1) prescribe regulations to ensure that a personnel action shall not be taken against an employee of an intelligence community element as a reprisal for any whistleblower disclosure relating to intelligence activities, (2) establish an appellate review board to hear whistleblower appeals related to security clearance access determinations, and (3) submit a report on the status of the implementation of such regulations to the congressional oversight committees. 
 
Renders whistleblower protections under this Act inapplicable to terminations of intelligence community whistleblowers who are personally terminated by the DOD Secretary, the DNI, the CIA Director, or the head of any federal agency who determines the termination to be in the interest of the United States. Requires notification of any termination to the congressional oversight committees within five days of such termination. 
 

Title VII: Other Matters 
- (Sec. 701) Eliminates the termination date for provisions requiring notification to congressional intelligence committees regarding the authorized disclosure of national intelligence or intelligence related to national security.
 
(Sec. 702) Amends the Central Intelligence Agency Act of 1949 to authorize the CIA Director to engage in fundraising for the benefit of nonprofit organizations that provide support to surviving family members of deceased CIA employees or for the welfare, education, or recreation of current CIA employees, former employees, or their family members.
 
(Sec. 703) Provides for the compliance of the budgetary effects of this Act with requirements of the Statutory Pay-As-You-Go Act of 2010.

action_date: 2014-06-11
text: 
Intelligence Authorization Act for Fiscal Years 2014 - 
Title I: Intelligence Activities
 - (Sec. 101) Authorizes FY2014 appropriations for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (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 (NRO); (12) National Geospatial-Intelligence Agency (NGA); 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 in the classified Schedule of Authorizations for FY2014, which shall be made available to the congressional appropriations committees and the President.
 
(Sec. 103) Allows the DNI to authorize employment of civilian personnel in excess of the number authorized for FY2014 when necessary for the performance of important intelligence functions. Requires notification to the intelligence committees on the use of such authority.
 
Requires the DNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training.
 
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for personnel positions for elements within such Account.
 

Title II: Central Intelligence Agency Retirement and Disability System 
- (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.
 
(Sec. 202) Amends the Central Intelligence Agency Retirement Act to expand the definition of &quot;qualifying service&quot; for purposes of designating CIA employees to participate in a retirement system based on a period of service abroad that is hazardous to life or health, or that is determined to be specialized because of security requirements, to include the service of CIA employees on detail to another agency. (Currently, such qualifying service must be performed within the CIA.)
 
Makes such qualifying detail service applicable to retired or deceased CIA officers designated to participate in such system prior to the enactment of this Act.
 

Title III: General Provisions 
- 

Subtitle A: General Matters 

- (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) Requires funds appropriated for the construction of the High Performance Computing Center 2 (as described in the table entitled Consolidated Cryptologic Program in the classified annex to accompany the Consolidated and Further Continuing Appropriations Act, 2013) that exceed the amount specified in the classified annex accompanying the Intelligence Authorization Act for Fiscal Year 2013 to be specifically authorized by Congress for purposes of complying with restrictions on the use of appropriated funds under the National Security Act of 1947.
 
(Sec. 304) Exempts from disclosure under the Freedom of Information Act the identities of employees of the intelligence community who submit complaints or information to the Inspector General of the Intelligence Community.
 
(Sec. 305) Authorizes the DNI to establish functional managers of appropriate intelligence functions to act as the principal advisors to the DNI on their respective functions.
 
(Sec. 306) Directs the DNI to report annually to Congress regarding each intelligence function for which such a functional manager has been established. Requires such reports to identify or describe: (1) the capabilities, programs, and activities of such function; (2) the investment and allocation of resources for such function; (3) the function's performance; (4) technical interoperability standards and operational overlap; (5) any efforts to integrate such function with other intelligence disciplines or to establish consistency in tradecraft and training; and (6) technology developments.
 
(Sec. 307) Directs the chief information officer of each element of the intelligence community to conduct, and the Chief Information Officer of the Intelligence Community to compile and report to Congress every two years with respect to, inventories of all existing software licenses of each element. Requires such reports to assess the actions that could be carried out to achieve economies of scale and cost savings in software procurement and usage.
 
(Sec. 308) Requires the President to establish a written plan to respond to the unauthorized public disclosure of each type of activity undertaken as part of a covert action.
 
(Sec. 309) Directs the heads of the DNI, CIA, DIA, NSA, NRO, and NGA to ensure that there is a full financial audit of their respective entities each year and that each audit contains an unqualified opinion of the entity's financial statements. Requires the chief financial officer of each entity to provide an annual audit report to Congress.
 
(Sec. 310) Permits an employee, detailee, or contractor of an element of the intelligence community who intends to report to Congress with respect to an urgent concern to report such complaint or information to the Inspector General of the Intelligence Community.
 Expands authority under which employees or contractors of certain executive agencies (agencies determined by the President to have as their principal function the conduct of foreign intelligence or counterintelligence activities) make complaints to an appropriate Inspector General to include reports to the Inspector General of the Intelligence Community. 
(Sec. 311) Amends the Public Interest Declassification Act of 2000 to extend through December 31, 2018, the authority of the Public Interest Declassification Board (advises the President, the Assistant to the President for National Security Affairs, the Office of Management and Budget [OMB], and other executive branch officials on the identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials that are of archival value).
 
(Sec. 312) Authorizes DHS to use specified National Intelligence Program funds (that are made available for necessary expenses for intelligence analysis and operations coordination activities) for official representation items in support of the Coast Guard Attache Program. 
 
(Sec. 313) Requires the DNI, within 120 days after the enactment of this Act, to: (1) complete a declassification review of documents collected in Abbattabad, 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 with a justification as to why any such information must remain classified. 
 
(Sec. 314) Directs the DNI to carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program. 
 

Subtitle B: Reporting
 - (Sec. 321) Directs the DNI to report annually to Congress regarding violations of law or executive order by personnel of an element of the intelligence community. Requires such report to include any actions taken in response to such violations. Requires the General Counsel of each element of the intelligence community to provide written notification to Congress of any significant legal interpretation of the Constitution or federal law affecting intelligence activities conducted by such element within 30 days after the commencement of any activity pursuant to such interpretation.
 
Provides exceptions to such notification requirements for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters.
 
Authorizes the President to limit access to information concerning a covert finding to Members of Congress who have been granted access. 
 
(Sec. 322) Requires the Attorney General to establish a regular review process for the official publication of significant opinions of DOJ's Office of Legal Counsel that have been provided to an element of the intelligence community. Prohibits such process from requiring publication that: (1) reveals classified or other sensitive information relating to national security, (2) interferes with federal law enforcement efforts or is prohibited by law, or (3) conflicts with preserving internal executive branch deliberative processes or protecting other information properly subject to privilege. Requires opinions that are not published for classified or sensitive information purposes to be made available to Congress, subject to limited access procedures for covert actions.
 
Declares that the determination of whether an opinion is appropriate for official publication is not subject to judicial review. 
 
(Sec. 323) Directs the DNI, CIA, and each element of the DOD intelligence community to provide to Congress copies of plans submitted to OMB pertaining to agency operations and orderly shutdown procedures in the absence of appropriations. 
 
(Sec. 324) Requires the DNI to report to Congress on the Syrian chemical weapons program and provide updates regarding: (1) chemical weapon stockpiles, quantities, locations, forms of storage and production, and research and development facilities in Syria; (2) a listing of key personnel associated with the program; (3) undeclared chemical weapons stockpiles, munitions, and facilities, as well as an assessment of how stockpiles, precursors, and delivery systems were obtained; (4) intelligence gaps; and (5) any denial and deception efforts on the part of Syria. 
 
(Sec. 325) Directs the DNI to establish procedures requiring cleared intelligence contractors to report to a designated element of the intelligence community when there is a successful penetration of a network or information system that contains or processes information created by or for an element of the intelligence community with respect to which such contractor is required to apply enhanced protection. Requires such procedures to provide for: (1) intelligence community personnel to, upon request, obtain access to equipment or information of the contractor as necessary for a forensic analysis; (2) the contractor to provide only such access as required to determine whether information created by or for an element of the intelligence community in connection with any intelligence community program was successfully exfiltrated from the network or information system; and (3) protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person other than the suspected perpetrator. 
 
Defines "cleared intelligence contractor" as a private entity granted clearance by the DNI or the head of an element of the intelligence community to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of an element of the intelligence community. 
 
Prohibits dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community, except: (1) with approval of the contractor providing such information, (2) to Congress, or (3) to law enforcement agencies to investigate a reported penetration. 
 
(Sec. 326) Directs the DNI to report to Congress on the extent to which the intelligence community has implemented recommendations of the Inspector General on electronic waste disposal. Requires such report to assess the applicability of the intelligence community's electronic waste policies to commercial entities that contract with an element of the intelligence community. 
 
(Sec. 327) Requires the DNI to submit to the Secretary of Education and Congress a report describing anticipated hiring needs of the intelligence community in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy.
 
(Sec. 328) Amends the Intelligence Authorization Act for Fiscal Year 2013 to eliminate the termination date of requirements for the notification of Congress when a government official authorizes disclosure of national intelligence or security information to the media or to other persons or entities with the intent that it will be made publicly available.
 
(Sec. 329) Repeals specified reporting requirements concerning: (1) the threat of attack on the United States using weapons of mass destruction, and (2) the Treaty on Conventional Armed Forces in Europe. 
 
Modifies reporting requirements to: (1) direct the DNI and the CIA to notify Congress each time they create an advisory committee (currently, such notice is provided in an annual report), (2) terminate in 2014 (currently, 2015) a report on intelligence community business system transformation, and (3) require privacy and civil liberties officers of specified agencies to submit reports at least semiannually (currently, quarterly). 
 

Title IV: Matters Relating to Elements of the Intelligence Community
 - 
Subtitle A: National Security Agency -
 (Sec. 401) Amends the National Security Agency Act of 1959 to require the President to appoint the NSA Director with the advice and consent of the Senate. (Currently, the President's appointment of the NSA Director is not subject to Senate confirmation.)
 
(Sec. 402) Amends the Inspector General Act of 1978 to require the President to appoint the NSA Inspector General with the advice and consent of the Senate. (Currently, the NSA Inspector General is appointed by the NSA Director.) 
 

Subtitle B: National Reconnaissance Office 
- (Sec. 411) Amends the National Security Act of 1947 to require the President to appoint the NRO Director with the advice and consent of the Senate. (Currently, the NRO Director is appointed by the DOD Secretary with the concurrence of the DNI.) 
 
(Sec. 412) Requires the President to appoint the NRO Inspector General with the advice and consent of the Senate. (Currently, the NRO Inspector General is appointed by the NRO Director.)
 

Subtitle C: Central Intelligence Agency
 - (Sec. 421) Amends the Central Intelligence Agency Act of 1949 to authorize the CIA Director to engage in fund raising for the benefit of nonprofit organizations that provide support to surviving family members of deceased CIA employees or for the welfare, education, or recreation of current CIA employees, former employees, or their family members.
 

Title V: Security Clearance Reform 
- (Sec. 501) Requires the DNI, subject to the direction of the President, 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. 502) Requires the DNI 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 DNI standards 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. 503) Requires the DNI to submit to Congress an analysis of the relative costs and benefits of improving the process for: (1) investigating persons who are proposed for access to classified information, and (2) adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information.
 
(Sec. 504) Requires the DNI to report to Congress each year, through 2017, on the reciprocal treatment of security clearances, including: (1) the periods of time required by authorized adjudicative agencies for accepting background investigations and determinations completed by an authorized investigative entity or adjudicative agency; and (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or adjudicative agency is, or is not, accepted by another agency.
 
(Sec. 505) Directs the DNI to submit to Congress each year, through December 31, 2017, a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program.
 

Title VI: Intelligence Community Whistleblower Protections 
- (Sec. 601) Extends whistleblower protections to employees of the CIA, DIA, NGA, NSA, DNI, NRO, and any executive agency that is determined to have as its principal function the conduct of foreign intelligence or counterintelligence activities. Prohibits certain personnel practices against such employees as reprisal for a lawful disclosure to the DNI, the Inspector General of the Intelligence Community, the head or appropriate inspector general of the employing agency, or Congress. Prohibits whistleblower protections under this Act from: (1) applying to the FBI, or (2) preempting or precluding existing FBI whistleblower protections. 
 
(Sec. 602) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to: (1) require development of policies that permit individuals to appeal a determination to suspend or revoke a security clearance or access to classified information; (2) allow individuals to remain employed while such an appeal is pending; (3) require implementation of uniform and consistent procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information; and (4) prohibit revocation of a security clearance or access determination in retaliation for a protected whistleblower disclosure. 
 
Allows employees and former employees to: (1) appeal security clearance or access determinations within their agency, and (2) appeal their agency's final determination in accordance with adjudication procedures established by the DNI.
 
Requires the DNI to notify Congress regarding such appeals from an agency's final determination.
 
Requires agencies determined to have committed retaliatory violations to take corrective action to return employees to the position they would have held had the violation not occurred. Permits such corrective action to include back pay, related benefits, and compensatory damages up to $300,000.
 
(Sec. 603) Amends the Inspector General Act of 1978 and the Central Intelligence Agency Act of 1949 to establish a conflict of interest procedure for transmitting an Inspector General's determination as to whether an intelligence employee's complaint or information with respect to an urgent concern appears credible.
 
Allows individuals who have submitted certain urgent complaints or information to an Inspector General under the Inspector General Act of 1978, the Central Intelligence Agency Act of 1949, or the National Security Act of 1947 to notify any member of the House or Senate intelligence committees, or a staff member of either such committee, of the fact that such individual has made a submission to a particular Inspector General.
 
(Sec. 604) Requires the DNI to develop procedures to ensure that personnel action is not taken against employees in specified intelligence agencies as a reprisal for a protected whistleblower disclosure. Prohibits whistleblower protections under this Act from applying to certain terminations by the DOD Secretary, the DNI, the CIA Director, and the heads of other federal agencies in the interests of the United States or national security. Requires notification to Congress of such a termination within 30 days after the termination. 
 

Title VII: 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. 

action_date: 2014-06-24
text: 

(This measure has not been amended since it was passed by the Senate on June 11, 2014. The summary of that version is repeated here.)

 
Intelligence Authorization Act for Fiscal Years 2014 - 
Title I: Intelligence Activities
 - (Sec. 101) Authorizes FY2014 appropriations for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (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 (NRO); (12) National Geospatial-Intelligence Agency (NGA); 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 in the classified Schedule of Authorizations for FY2014, which shall be made available to the congressional appropriations committees and the President.
 
(Sec. 103) Allows the DNI to authorize employment of civilian personnel in excess of the number authorized for FY2014 when necessary for the performance of important intelligence functions. Requires notification to the intelligence committees on the use of such authority.
 
Requires the DNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training.
 
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for personnel positions for elements within such Account.
 

Title II: Central Intelligence Agency Retirement and Disability System 
- (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.
 
(Sec. 202) Amends the Central Intelligence Agency Retirement Act to expand the definition of &quot;qualifying service&quot; for purposes of designating CIA employees to participate in a retirement system based on a period of service abroad that is hazardous to life or health, or that is determined to be specialized because of security requirements, to include the service of CIA employees on detail to another agency. (Currently, such qualifying service must be performed within the CIA.)
 
Makes such qualifying detail service applicable to retired or deceased CIA officers designated to participate in such system prior to the enactment of this Act.
 

Title III: General Provisions 
- 

Subtitle A: General Matters 

- (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) Requires funds appropriated for the construction of the High Performance Computing Center 2 (as described in the table entitled Consolidated Cryptologic Program in the classified annex to accompany the Consolidated and Further Continuing Appropriations Act, 2013) that exceed the amount specified in the classified annex accompanying the Intelligence Authorization Act for Fiscal Year 2013 to be specifically authorized by Congress for purposes of complying with restrictions on the use of appropriated funds under the National Security Act of 1947.
 
(Sec. 304) Exempts from disclosure under the Freedom of Information Act the identities of employees of the intelligence community who submit complaints or information to the Inspector General of the Intelligence Community.
 
(Sec. 305) Authorizes the DNI to establish functional managers of appropriate intelligence functions to act as the principal advisors to the DNI on their respective functions.
 
(Sec. 306) Directs the DNI to report annually to Congress regarding each intelligence function for which such a functional manager has been established. Requires such reports to identify or describe: (1) the capabilities, programs, and activities of such function; (2) the investment and allocation of resources for such function; (3) the function's performance; (4) technical interoperability standards and operational overlap; (5) any efforts to integrate such function with other intelligence disciplines or to establish consistency in tradecraft and training; and (6) technology developments.
 
(Sec. 307) Directs the chief information officer of each element of the intelligence community to conduct, and the Chief Information Officer of the Intelligence Community to compile and report to Congress every two years with respect to, inventories of all existing software licenses of each element. Requires such reports to assess the actions that could be carried out to achieve economies of scale and cost savings in software procurement and usage.
 
(Sec. 308) Requires the President to establish a written plan to respond to the unauthorized public disclosure of each type of activity undertaken as part of a covert action.
 
(Sec. 309) Directs the heads of the DNI, CIA, DIA, NSA, NRO, and NGA to ensure that there is a full financial audit of their respective entities each year and that each audit contains an unqualified opinion of the entity's financial statements. Requires the chief financial officer of each entity to provide an annual audit report to Congress.
 
(Sec. 310) Permits an employee, detailee, or contractor of an element of the intelligence community who intends to report to Congress with respect to an urgent concern to report such complaint or information to the Inspector General of the Intelligence Community.
 Expands authority under which employees or contractors of certain executive agencies (agencies determined by the President to have as their principal function the conduct of foreign intelligence or counterintelligence activities) make complaints to an appropriate Inspector General to include reports to the Inspector General of the Intelligence Community. 
(Sec. 311) Amends the Public Interest Declassification Act of 2000 to extend through December 31, 2018, the authority of the Public Interest Declassification Board (advises the President, the Assistant to the President for National Security Affairs, the Office of Management and Budget [OMB], and other executive branch officials on the identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials that are of archival value).
 
(Sec. 312) Authorizes DHS to use specified National Intelligence Program funds (that are made available for necessary expenses for intelligence analysis and operations coordination activities) for official representation items in support of the Coast Guard Attache Program. 
 
(Sec. 313) Requires the DNI, within 120 days after the enactment of this Act, to: (1) complete a declassification review of documents collected in Abbattabad, 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 with a justification as to why any such information must remain classified. 
 
(Sec. 314) Directs the DNI to carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program. 
 

Subtitle B: Reporting
 - (Sec. 321) Directs the DNI to report annually to Congress regarding violations of law or executive order by personnel of an element of the intelligence community. Requires such report to include any actions taken in response to such violations. Requires the General Counsel of each element of the intelligence community to provide written notification to Congress of any significant legal interpretation of the Constitution or federal law affecting intelligence activities conducted by such element within 30 days after the commencement of any activity pursuant to such interpretation.
 
Provides exceptions to such notification requirements for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters.
 
Authorizes the President to limit access to information concerning a covert finding to Members of Congress who have been granted access. 
 
(Sec. 322) Requires the Attorney General to establish a regular review process for the official publication of significant opinions of DOJ's Office of Legal Counsel that have been provided to an element of the intelligence community. Prohibits such process from requiring publication that: (1) reveals classified or other sensitive information relating to national security, (2) interferes with federal law enforcement efforts or is prohibited by law, or (3) conflicts with preserving internal executive branch deliberative processes or protecting other information properly subject to privilege. Requires opinions that are not published for classified or sensitive information purposes to be made available to Congress, subject to limited access procedures for covert actions.
 
Declares that the determination of whether an opinion is appropriate for official publication is not subject to judicial review. 
 
(Sec. 323) Directs the DNI, CIA, and each element of the DOD intelligence community to provide to Congress copies of plans submitted to OMB pertaining to agency operations and orderly shutdown procedures in the absence of appropriations. 
 
(Sec. 324) Requires the DNI to report to Congress on the Syrian chemical weapons program and provide updates regarding: (1) chemical weapon stockpiles, quantities, locations, forms of storage and production, and research and development facilities in Syria; (2) a listing of key personnel associated with the program; (3) undeclared chemical weapons stockpiles, munitions, and facilities, as well as an assessment of how stockpiles, precursors, and delivery systems were obtained; (4) intelligence gaps; and (5) any denial and deception efforts on the part of Syria. 
 
(Sec. 325) Directs the DNI to establish procedures requiring cleared intelligence contractors to report to a designated element of the intelligence community when there is a successful penetration of a network or information system that contains or processes information created by or for an element of the intelligence community with respect to which such contractor is required to apply enhanced protection. Requires such procedures to provide for: (1) intelligence community personnel to, upon request, obtain access to equipment or information of the contractor as necessary for a forensic analysis; (2) the contractor to provide only such access as required to determine whether information created by or for an element of the intelligence community in connection with any intelligence community program was successfully exfiltrated from the network or information system; and (3) protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person other than the suspected perpetrator. 
 
Defines "cleared intelligence contractor" as a private entity granted clearance by the DNI or the head of an element of the intelligence community to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of an element of the intelligence community. 
 
Prohibits dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community, except: (1) with approval of the contractor providing such information, (2) to Congress, or (3) to law enforcement agencies to investigate a reported penetration. 
 
(Sec. 326) Directs the DNI to report to Congress on the extent to which the intelligence community has implemented recommendations of the Inspector General on electronic waste disposal. Requires such report to assess the applicability of the intelligence community's electronic waste policies to commercial entities that contract with an element of the intelligence community. 
 
(Sec. 327) Requires the DNI to submit to the Secretary of Education and Congress a report describing anticipated hiring needs of the intelligence community in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy.
 
(Sec. 328) Amends the Intelligence Authorization Act for Fiscal Year 2013 to eliminate the termination date of requirements for the notification of Congress when a government official authorizes disclosure of national intelligence or security information to the media or to other persons or entities with the intent that it will be made publicly available.
 
(Sec. 329) Repeals specified reporting requirements concerning: (1) the threat of attack on the United States using weapons of mass destruction, and (2) the Treaty on Conventional Armed Forces in Europe. 
 
Modifies reporting requirements to: (1) direct the DNI and the CIA to notify Congress each time they create an advisory committee (currently, such notice is provided in an annual report), (2) terminate in 2014 (currently, 2015) a report on intelligence community business system transformation, and (3) require privacy and civil liberties officers of specified agencies to submit reports at least semiannually (currently, quarterly). 
 

Title IV: Matters Relating to Elements of the Intelligence Community
 - 
Subtitle A: National Security Agency -
 (Sec. 401) Amends the National Security Agency Act of 1959 to require the President to appoint the NSA Director with the advice and consent of the Senate. (Currently, the President's appointment of the NSA Director is not subject to Senate confirmation.)
 
(Sec. 402) Amends the Inspector General Act of 1978 to require the President to appoint the NSA Inspector General with the advice and consent of the Senate. (Currently, the NSA Inspector General is appointed by the NSA Director.) 
 

Subtitle B: National Reconnaissance Office 
- (Sec. 411) Amends the National Security Act of 1947 to require the President to appoint the NRO Director with the advice and consent of the Senate. (Currently, the NRO Director is appointed by the DOD Secretary with the concurrence of the DNI.) 
 
(Sec. 412) Requires the President to appoint the NRO Inspector General with the advice and consent of the Senate. (Currently, the NRO Inspector General is appointed by the NRO Director.)
 

Subtitle C: Central Intelligence Agency
 - (Sec. 421) Amends the Central Intelligence Agency Act of 1949 to authorize the CIA Director to engage in fund raising for the benefit of nonprofit organizations that provide support to surviving family members of deceased CIA employees or for the welfare, education, or recreation of current CIA employees, former employees, or their family members.
 

Title V: Security Clearance Reform 
- (Sec. 501) Requires the DNI, subject to the direction of the President, 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. 502) Requires the DNI 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 DNI standards 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. 503) Requires the DNI to submit to Congress an analysis of the relative costs and benefits of improving the process for: (1) investigating persons who are proposed for access to classified information, and (2) adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information.
 
(Sec. 504) Requires the DNI to report to Congress each year, through 2017, on the reciprocal treatment of security clearances, including: (1) the periods of time required by authorized adjudicative agencies for accepting background investigations and determinations completed by an authorized investigative entity or adjudicative agency; and (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or adjudicative agency is, or is not, accepted by another agency.
 
(Sec. 505) Directs the DNI to submit to Congress each year, through December 31, 2017, a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program.
 

Title VI: Intelligence Community Whistleblower Protections 
- (Sec. 601) Extends whistleblower protections to employees of the CIA, DIA, NGA, NSA, DNI, NRO, and any executive agency that is determined to have as its principal function the conduct of foreign intelligence or counterintelligence activities. Prohibits certain personnel practices against such employees as reprisal for a lawful disclosure to the DNI, the Inspector General of the Intelligence Community, the head or appropriate inspector general of the employing agency, or Congress. Prohibits whistleblower protections under this Act from: (1) applying to the FBI, or (2) preempting or precluding existing FBI whistleblower protections. 
 
(Sec. 602) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to: (1) require development of policies that permit individuals to appeal a determination to suspend or revoke a security clearance or access to classified information; (2) allow individuals to remain employed while such an appeal is pending; (3) require implementation of uniform and consistent procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information; and (4) prohibit revocation of a security clearance or access determination in retaliation for a protected whistleblower disclosure. 
 
Allows employees and former employees to: (1) appeal security clearance or access determinations within their agency, and (2) appeal their agency's final determination in accordance with adjudication procedures established by the DNI.
 
Requires the DNI to notify Congress regarding such appeals from an agency's final determination.
 
Requires agencies determined to have committed retaliatory violations to take corrective action to return employees to the position they would have held had the violation not occurred. Permits such corrective action to include back pay, related benefits, and compensatory damages up to $300,000.
 
(Sec. 603) Amends the Inspector General Act of 1978 and the Central Intelligence Agency Act of 1949 to establish a conflict of interest procedure for transmitting an Inspector General's determination as to whether an intelligence employee's complaint or information with respect to an urgent concern appears credible.
 
Allows individuals who have submitted certain urgent complaints or information to an Inspector General under the Inspector General Act of 1978, the Central Intelligence Agency Act of 1949, or the National Security Act of 1947 to notify any member of the House or Senate intelligence committees, or a staff member of either such committee, of the fact that such individual has made a submission to a particular Inspector General.
 
(Sec. 604) Requires the DNI to develop procedures to ensure that personnel action is not taken against employees in specified intelligence agencies as a reprisal for a protected whistleblower disclosure. Prohibits whistleblower protections under this Act from applying to certain terminations by the DOD Secretary, the DNI, the CIA Director, and the heads of other federal agencies in the interests of the United States or national security. Requires notification to Congress of such a termination within 30 days after the termination. 
 

Title VII: 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. 

action_date: 2014-07-07
text: 

(This measure has not been amended since it was passed by the Senate on June 11, 2014. The summary of that version is repeated here.)

 
Intelligence Authorization Act for Fiscal Years 2014 - 
Title I: Intelligence Activities
 - (Sec. 101) Authorizes FY2014 appropriations for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (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 (NRO); (12) National Geospatial-Intelligence Agency (NGA); 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 in the classified Schedule of Authorizations for FY2014, which shall be made available to the congressional appropriations committees and the President.
 
(Sec. 103) Allows the DNI to authorize employment of civilian personnel in excess of the number authorized for FY2014 when necessary for the performance of important intelligence functions. Requires notification to the intelligence committees on the use of such authority.
 
Requires the DNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training.
 
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for personnel positions for elements within such Account.
 

Title II: Central Intelligence Agency Retirement and Disability System 
- (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.
 
(Sec. 202) Amends the Central Intelligence Agency Retirement Act to expand the definition of &quot;qualifying service&quot; for purposes of designating CIA employees to participate in a retirement system based on a period of service abroad that is hazardous to life or health, or that is determined to be specialized because of security requirements, to include the service of CIA employees on detail to another agency. (Currently, such qualifying service must be performed within the CIA.)
 
Makes such qualifying detail service applicable to retired or deceased CIA officers designated to participate in such system prior to the enactment of this Act.
 

Title III: General Provisions 
- 

Subtitle A: General Matters 

- (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) Requires funds appropriated for the construction of the High Performance Computing Center 2 (as described in the table entitled Consolidated Cryptologic Program in the classified annex to accompany the Consolidated and Further Continuing Appropriations Act, 2013) that exceed the amount specified in the classified annex accompanying the Intelligence Authorization Act for Fiscal Year 2013 to be specifically authorized by Congress for purposes of complying with restrictions on the use of appropriated funds under the National Security Act of 1947.
 
(Sec. 304) Exempts from disclosure under the Freedom of Information Act the identities of employees of the intelligence community who submit complaints or information to the Inspector General of the Intelligence Community.
 
(Sec. 305) Authorizes the DNI to establish functional managers of appropriate intelligence functions to act as the principal advisors to the DNI on their respective functions.
 
(Sec. 306) Directs the DNI to report annually to Congress regarding each intelligence function for which such a functional manager has been established. Requires such reports to identify or describe: (1) the capabilities, programs, and activities of such function; (2) the investment and allocation of resources for such function; (3) the function's performance; (4) technical interoperability standards and operational overlap; (5) any efforts to integrate such function with other intelligence disciplines or to establish consistency in tradecraft and training; and (6) technology developments.
 
(Sec. 307) Directs the chief information officer of each element of the intelligence community to conduct, and the Chief Information Officer of the Intelligence Community to compile and report to Congress every two years with respect to, inventories of all existing software licenses of each element. Requires such reports to assess the actions that could be carried out to achieve economies of scale and cost savings in software procurement and usage.
 
(Sec. 308) Requires the President to establish a written plan to respond to the unauthorized public disclosure of each type of activity undertaken as part of a covert action.
 
(Sec. 309) Directs the heads of the DNI, CIA, DIA, NSA, NRO, and NGA to ensure that there is a full financial audit of their respective entities each year and that each audit contains an unqualified opinion of the entity's financial statements. Requires the chief financial officer of each entity to provide an annual audit report to Congress.
 
(Sec. 310) Permits an employee, detailee, or contractor of an element of the intelligence community who intends to report to Congress with respect to an urgent concern to report such complaint or information to the Inspector General of the Intelligence Community.
 Expands authority under which employees or contractors of certain executive agencies (agencies determined by the President to have as their principal function the conduct of foreign intelligence or counterintelligence activities) make complaints to an appropriate Inspector General to include reports to the Inspector General of the Intelligence Community. 
(Sec. 311) Amends the Public Interest Declassification Act of 2000 to extend through December 31, 2018, the authority of the Public Interest Declassification Board (advises the President, the Assistant to the President for National Security Affairs, the Office of Management and Budget [OMB], and other executive branch officials on the identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials that are of archival value).
 
(Sec. 312) Authorizes DHS to use specified National Intelligence Program funds (that are made available for necessary expenses for intelligence analysis and operations coordination activities) for official representation items in support of the Coast Guard Attache Program. 
 
(Sec. 313) Requires the DNI, within 120 days after the enactment of this Act, to: (1) complete a declassification review of documents collected in Abbattabad, 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 with a justification as to why any such information must remain classified. 
 
(Sec. 314) Directs the DNI to carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program. 
 

Subtitle B: Reporting
 - (Sec. 321) Directs the DNI to report annually to Congress regarding violations of law or executive order by personnel of an element of the intelligence community. Requires such report to include any actions taken in response to such violations. Requires the General Counsel of each element of the intelligence community to provide written notification to Congress of any significant legal interpretation of the Constitution or federal law affecting intelligence activities conducted by such element within 30 days after the commencement of any activity pursuant to such interpretation.
 
Provides exceptions to such notification requirements for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters.
 
Authorizes the President to limit access to information concerning a covert finding to Members of Congress who have been granted access. 
 
(Sec. 322) Requires the Attorney General to establish a regular review process for the official publication of significant opinions of DOJ's Office of Legal Counsel that have been provided to an element of the intelligence community. Prohibits such process from requiring publication that: (1) reveals classified or other sensitive information relating to national security, (2) interferes with federal law enforcement efforts or is prohibited by law, or (3) conflicts with preserving internal executive branch deliberative processes or protecting other information properly subject to privilege. Requires opinions that are not published for classified or sensitive information purposes to be made available to Congress, subject to limited access procedures for covert actions.
 
Declares that the determination of whether an opinion is appropriate for official publication is not subject to judicial review. 
 
(Sec. 323) Directs the DNI, CIA, and each element of the DOD intelligence community to provide to Congress copies of plans submitted to OMB pertaining to agency operations and orderly shutdown procedures in the absence of appropriations. 
 
(Sec. 324) Requires the DNI to report to Congress on the Syrian chemical weapons program and provide updates regarding: (1) chemical weapon stockpiles, quantities, locations, forms of storage and production, and research and development facilities in Syria; (2) a listing of key personnel associated with the program; (3) undeclared chemical weapons stockpiles, munitions, and facilities, as well as an assessment of how stockpiles, precursors, and delivery systems were obtained; (4) intelligence gaps; and (5) any denial and deception efforts on the part of Syria. 
 
(Sec. 325) Directs the DNI to establish procedures requiring cleared intelligence contractors to report to a designated element of the intelligence community when there is a successful penetration of a network or information system that contains or processes information created by or for an element of the intelligence community with respect to which such contractor is required to apply enhanced protection. Requires such procedures to provide for: (1) intelligence community personnel to, upon request, obtain access to equipment or information of the contractor as necessary for a forensic analysis; (2) the contractor to provide only such access as required to determine whether information created by or for an element of the intelligence community in connection with any intelligence community program was successfully exfiltrated from the network or information system; and (3) protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person other than the suspected perpetrator. 
 
Defines "cleared intelligence contractor" as a private entity granted clearance by the DNI or the head of an element of the intelligence community to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of an element of the intelligence community. 
 
Prohibits dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community, except: (1) with approval of the contractor providing such information, (2) to Congress, or (3) to law enforcement agencies to investigate a reported penetration. 
 
(Sec. 326) Directs the DNI to report to Congress on the extent to which the intelligence community has implemented recommendations of the Inspector General on electronic waste disposal. Requires such report to assess the applicability of the intelligence community's electronic waste policies to commercial entities that contract with an element of the intelligence community. 
 
(Sec. 327) Requires the DNI to submit to the Secretary of Education and Congress a report describing anticipated hiring needs of the intelligence community in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy.
 
(Sec. 328) Amends the Intelligence Authorization Act for Fiscal Year 2013 to eliminate the termination date of requirements for the notification of Congress when a government official authorizes disclosure of national intelligence or security information to the media or to other persons or entities with the intent that it will be made publicly available.
 
(Sec. 329) Repeals specified reporting requirements concerning: (1) the threat of attack on the United States using weapons of mass destruction, and (2) the Treaty on Conventional Armed Forces in Europe. 
 
Modifies reporting requirements to: (1) direct the DNI and the CIA to notify Congress each time they create an advisory committee (currently, such notice is provided in an annual report), (2) terminate in 2014 (currently, 2015) a report on intelligence community business system transformation, and (3) require privacy and civil liberties officers of specified agencies to submit reports at least semiannually (currently, quarterly). 
 

Title IV: Matters Relating to Elements of the Intelligence Community
 - 
Subtitle A: National Security Agency -
 (Sec. 401) Amends the National Security Agency Act of 1959 to require the President to appoint the NSA Director with the advice and consent of the Senate. (Currently, the President's appointment of the NSA Director is not subject to Senate confirmation.)
 
(Sec. 402) Amends the Inspector General Act of 1978 to require the President to appoint the NSA Inspector General with the advice and consent of the Senate. (Currently, the NSA Inspector General is appointed by the NSA Director.) 
 

Subtitle B: National Reconnaissance Office 
- (Sec. 411) Amends the National Security Act of 1947 to require the President to appoint the NRO Director with the advice and consent of the Senate. (Currently, the NRO Director is appointed by the DOD Secretary with the concurrence of the DNI.) 
 
(Sec. 412) Requires the President to appoint the NRO Inspector General with the advice and consent of the Senate. (Currently, the NRO Inspector General is appointed by the NRO Director.)
 

Subtitle C: Central Intelligence Agency
 - (Sec. 421) Amends the Central Intelligence Agency Act of 1949 to authorize the CIA Director to engage in fund raising for the benefit of nonprofit organizations that provide support to surviving family members of deceased CIA employees or for the welfare, education, or recreation of current CIA employees, former employees, or their family members.
 

Title V: Security Clearance Reform 
- (Sec. 501) Requires the DNI, subject to the direction of the President, 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. 502) Requires the DNI 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 DNI standards 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. 503) Requires the DNI to submit to Congress an analysis of the relative costs and benefits of improving the process for: (1) investigating persons who are proposed for access to classified information, and (2) adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information.
 
(Sec. 504) Requires the DNI to report to Congress each year, through 2017, on the reciprocal treatment of security clearances, including: (1) the periods of time required by authorized adjudicative agencies for accepting background investigations and determinations completed by an authorized investigative entity or adjudicative agency; and (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or adjudicative agency is, or is not, accepted by another agency.
 
(Sec. 505) Directs the DNI to submit to Congress each year, through December 31, 2017, a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program.
 

Title VI: Intelligence Community Whistleblower Protections 
- (Sec. 601) Extends whistleblower protections to employees of the CIA, DIA, NGA, NSA, DNI, NRO, and any executive agency that is determined to have as its principal function the conduct of foreign intelligence or counterintelligence activities. Prohibits certain personnel practices against such employees as reprisal for a lawful disclosure to the DNI, the Inspector General of the Intelligence Community, the head or appropriate inspector general of the employing agency, or Congress. Prohibits whistleblower protections under this Act from: (1) applying to the FBI, or (2) preempting or precluding existing FBI whistleblower protections. 
 
(Sec. 602) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to: (1) require development of policies that permit individuals to appeal a determination to suspend or revoke a security clearance or access to classified information; (2) allow individuals to remain employed while such an appeal is pending; (3) require implementation of uniform and consistent procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information; and (4) prohibit revocation of a security clearance or access determination in retaliation for a protected whistleblower disclosure. 
 
Allows employees and former employees to: (1) appeal security clearance or access determinations within their agency, and (2) appeal their agency's final determination in accordance with adjudication procedures established by the DNI.
 
Requires the DNI to notify Congress regarding such appeals from an agency's final determination.
 
Requires agencies determined to have committed retaliatory violations to take corrective action to return employees to the position they would have held had the violation not occurred. Permits such corrective action to include back pay, related benefits, and compensatory damages up to $300,000.
 
(Sec. 603) Amends the Inspector General Act of 1978 and the Central Intelligence Agency Act of 1949 to establish a conflict of interest procedure for transmitting an Inspector General's determination as to whether an intelligence employee's complaint or information with respect to an urgent concern appears credible.
 
Allows individuals who have submitted certain urgent complaints or information to an Inspector General under the Inspector General Act of 1978, the Central Intelligence Agency Act of 1949, or the National Security Act of 1947 to notify any member of the House or Senate intelligence committees, or a staff member of either such committee, of the fact that such individual has made a submission to a particular Inspector General.
 
(Sec. 604) Requires the DNI to develop procedures to ensure that personnel action is not taken against employees in specified intelligence agencies as a reprisal for a protected whistleblower disclosure. Prohibits whistleblower protections under this Act from applying to certain terminations by the DOD Secretary, the DNI, the CIA Director, and the heads of other federal agencies in the interests of the United States or national security. Requires notification to Congress of such a termination within 30 days after the termination. 
 

Title VII: 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. 


Legislative actions:
action_date: 2014-07-07
text: Became Public Law No: 113-126.
action_date: 2014-07-07
text: Became Public Law No: 113-126.
action_date: 2014-07-07
text: Signed by President.
action_date: 2014-07-07
text: Signed by President.
action_date: 2014-06-26
text: Presented to President.
action_date: 2014-06-26
text: Presented to President.
action_date: 2014-06-24
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5700-5710)
action_date: 2014-06-24
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H5700-5710)
action_date: 2014-06-24
text: DEBATE - The House proceeded with forty minutes of debate on S. 1681.
action_date: 2014-06-24
text: Considered under suspension of the rules. (consideration: CR H5700-5712)
action_date: 2014-06-24
text: Mr. Rogers (MI) moved to suspend the rules and pass the bill.
action_date: 2014-06-12
text: Held at the desk.
action_date: 2014-06-12
text: Message on Senate action sent to the House.
action_date: 2014-06-12
text: Received in the House.
action_date: 2014-06-11
text: Passed Senate with an amendment by Voice Vote.
action_date: 2014-06-11
text: Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
action_date: 2014-06-11
text: Measure laid before Senate by unanimous consent. (consideration: CR S3620)
action_date: 2013-11-13
text: By Senator Feinstein from Select Committee on Intelligence filed written report. Report No. 113-120.
action_date: 2013-11-13
text: By Senator Feinstein from Select Committee on Intelligence filed written report. Report No. 113-120.
action_date: 2013-11-12
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 244.
action_date: 2013-11-12
text: Select Committee on Intelligence. Original measure reported to Senate by Senator Feinstein. Without written report.
action_date: 2013-11-12
text: Select Committee on Intelligence. Original measure reported to Senate by Senator Feinstein. Without written report.
action_date: 2013-11-12
text: Introduced in Senate

Enacted as: number: 113-126