Intelligence Authorization Act for Fiscal Year 2014

Bill: 113-s-1681
Sponsor: full_name: Sen. Feinstein, Dianne [D-CA]
Introduced: 2013-11-12
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
Latest action: action_date: 2014-07-07
text: Became Public Law No: 113-126.

Summaries:
action_date: 2013-11-12
action_desc: Introduced in Senate
text: <p>Intelligence Authorization Act for Fiscal Year 2014 - <strong>Title I: Budget and Personnel Authorizations - </strong>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).</p> <p>Provides&nbsp;that the amounts authorized and the authorized personnel ceilings as of September 30, 2014, for&nbsp;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.</p> <p>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.</p> <p>Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for full-time personnel for elements within such Account.</p> <p><strong>Title II: Central Intelligence Agency Retirement and Disability System - </strong>Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.</p> <p><strong>Title III: General Intelligence Community Matters - </strong>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. </p> <p>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.</p> <p>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.</p> <p>Extends the authority for the Public Interest Declassification Board until December 31, 2018. </p> <p>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. </p> <p><strong></strong>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.</p> <p>Requires the President to prepare and make public an annual report on the use of targeted lethal force outside the United States.</p> <p><strong></strong>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.</p> <p><strong>Title IV: Matters Relating to Elements of the Intelligence Community - </strong>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.</p> <p><strong></strong>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. </p> <p><strong>Title V: Security Clearance Reform - </strong>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.</p> <p>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. </p> <p>Requires the Director of National Intelligence to report on a strategic plan for improving the process for periodic background reinvestigations for updating security clearances. </p> <p><strong>Title VI: Intelligence Community Whistleblower Protections - </strong>Extends whistleblower protections to employees of the intelligence community, including protections against retaliatory revocation of security clearances and adverse access determinations. </p> <p><strong>Title VII: Other Matters - </strong>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.</p> <p>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.</p>

action_date: 2013-11-13
action_desc: Reported to Senate without amendment
text: <p><b>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</b></p> <p>Intelligence Authorization Act for Fiscal Year 2014 - <strong>Title I: Budget and Personnel Authorizations </strong>- (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).</p> <p>(Sec. 102) Provides&nbsp;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. </p> <p>(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.</p> <p>(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.</p> <p><strong>Title II: Central Intelligence Agency Retirement and Disability System</strong> - (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.</p> <p>(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. </p> <p><strong>Title III: General Intelligence Community Matters - Subtitle A: General Matters</strong> - (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. </p> <p>(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.</p> <p>(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. </p> <p>(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. </p> <p>(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. </p> <p>(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.</p> <p>(Sec. 307) Extends the authority for the Public Interest Declassification Board until December 31, 2018. </p> <p>(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. </p> <p><strong>Subtitle B: Targeted Lethal Force Oversight</strong> - (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. </p> <p>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.</p> <p>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.</p> <p>(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. </p> <p><strong>Subtitle C: Reporting</strong> - (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.</p> <p>(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.</p> <p>(Sec. 323) Requires the DNI to submit a report on the Syrian chemical weapons program.</p> <p>(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. </p> <p>(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.</p> <p>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. </p> <p><strong>Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: National Security Agency</strong> - (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.</p> <p><strong>Subtitle B: National Reconnaissance Office</strong> - (Sec. 411) <strong></strong>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. </p> <p><strong>Title V: Security Clearance Reform </strong>- (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.</p> <p>(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. </p> <p>(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.</p> <p>(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. </p> <p><strong>Title VI: Intelligence Community Whistleblower Protections</strong> - (Sec. 601) Extends whistleblower protections for employees of&nbsp;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).</p> <p>(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. </p> <p>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.</p> <p>(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. </p> <p>(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. </p> <p>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. </p> <p>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. </p> <p><strong>Title VII: Other Matters </strong>- (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.</p> <p>(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.</p> <p>(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.</p>

action_date: 2014-06-11
action_desc: Passed Senate amended
text: <p>Intelligence Authorization Act for Fiscal Years 2014 - <b>Title I: Intelligence Activities</b> - (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).</p> <p>(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.</p> <p>(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.</p> <p>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.</p> <p>(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for personnel positions for elements within such Account.</p> <p><b>Title II: Central Intelligence Agency Retirement and Disability System </b>- (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.</p> <p>(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.)</p> <p>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.</p> <p><b>Title III: General Provisions </b>- <b><b>Subtitle A: General Matters </b></b>- (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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> 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. <p>(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).</p> <p>(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. </p> <p>(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. </p> <p>(Sec. 314) Directs the DNI to carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program. </p> <p><b>Subtitle B: Reporting</b> - (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.</p> <p>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.</p> <p>Authorizes the President to limit access to information concerning a covert finding to Members of Congress who have been granted access. </p> <p>(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.</p> <p>Declares that the determination of whether an opinion is appropriate for official publication is not subject to judicial review. </p> <p>(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. </p> <p>(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. </p> <p>(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. </p> <p>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. </p> <p>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. </p> <p>(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. </p> <p>(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.</p> <p>(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.</p> <p>(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. </p> <p>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). </p> <p><b>Title IV: Matters Relating to Elements of the Intelligence Community</b> - <b>Subtitle A: National Security Agency -</b> (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.)</p> <p>(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.) </p> <p><b>Subtitle B: National Reconnaissance Office </b>- (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.) </p> <p>(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.)</p> <p><b>Subtitle C: Central Intelligence Agency</b> - (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.</p> <p><b>Title V: Security Clearance Reform </b>- (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.</p> <p>(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. </p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p><b>Title VI: Intelligence Community Whistleblower Protections </b>- (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. </p> <p>(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. </p> <p>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.</p> <p>Requires the DNI to notify Congress regarding such appeals from an agency's final determination.</p> <p>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.</p> <p>(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.</p> <p>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.</p> <p>(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. </p> <p><b>Title VII: Technical Amendments </b>- 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. </p>

action_date: 2014-06-24
action_desc: Passed House without amendment
text: <p><b>(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.)</b></p> <p>Intelligence Authorization Act for Fiscal Years 2014 - <b>Title I: Intelligence Activities</b> - (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).</p> <p>(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.</p> <p>(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.</p> <p>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.</p> <p>(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for personnel positions for elements within such Account.</p> <p><b>Title II: Central Intelligence Agency Retirement and Disability System </b>- (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.</p> <p>(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.)</p> <p>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.</p> <p><b>Title III: General Provisions </b>- <b><b>Subtitle A: General Matters </b></b>- (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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> 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. <p>(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).</p> <p>(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. </p> <p>(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. </p> <p>(Sec. 314) Directs the DNI to carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program. </p> <p><b>Subtitle B: Reporting</b> - (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.</p> <p>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.</p> <p>Authorizes the President to limit access to information concerning a covert finding to Members of Congress who have been granted access. </p> <p>(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.</p> <p>Declares that the determination of whether an opinion is appropriate for official publication is not subject to judicial review. </p> <p>(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. </p> <p>(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. </p> <p>(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. </p> <p>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. </p> <p>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. </p> <p>(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. </p> <p>(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.</p> <p>(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.</p> <p>(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. </p> <p>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). </p> <p><b>Title IV: Matters Relating to Elements of the Intelligence Community</b> - <b>Subtitle A: National Security Agency -</b> (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.)</p> <p>(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.) </p> <p><b>Subtitle B: National Reconnaissance Office </b>- (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.) </p> <p>(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.)</p> <p><b>Subtitle C: Central Intelligence Agency</b> - (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.</p> <p><b>Title V: Security Clearance Reform </b>- (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.</p> <p>(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. </p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p><b>Title VI: Intelligence Community Whistleblower Protections </b>- (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. </p> <p>(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. </p> <p>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.</p> <p>Requires the DNI to notify Congress regarding such appeals from an agency's final determination.</p> <p>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.</p> <p>(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.</p> <p>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.</p> <p>(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. </p> <p><b>Title VII: Technical Amendments </b>- 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. </p>

action_date: 2014-07-07
action_desc: Public Law
text: <p><b>(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.)</b></p> <p>Intelligence Authorization Act for Fiscal Years 2014 - <b>Title I: Intelligence Activities</b> - (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).</p> <p>(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.</p> <p>(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.</p> <p>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.</p> <p>(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2014, as well as for personnel positions for elements within such Account.</p> <p><b>Title II: Central Intelligence Agency Retirement and Disability System </b>- (Sec. 201) Authorizes appropriations for FY2014 for the Central Intelligence Agency Retirement and Disability Fund.</p> <p>(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.)</p> <p>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.</p> <p><b>Title III: General Provisions </b>- <b><b>Subtitle A: General Matters </b></b>- (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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p>(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.</p> 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. <p>(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).</p> <p>(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. </p> <p>(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. </p> <p>(Sec. 314) Directs the DNI to carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program. </p> <p><b>Subtitle B: Reporting</b> - (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.</p> <p>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.</p> <p>Authorizes the President to limit access to information concerning a covert finding to Members of Congress who have been granted access. </p> <p>(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.</p> <p>Declares that the determination of whether an opinion is appropriate for official publication is not subject to judicial review. </p> <p>(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. </p> <p>(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. </p> <p>(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. </p> <p>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. </p> <p>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. </p> <p>(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. </p> <p>(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.</p> <p>(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.</p> <p>(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. </p> <p>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). </p> <p><b>Title IV: Matters Relating to Elements of the Intelligence Community</b> - <b>Subtitle A: National Security Agency -</b> (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.)</p> <p>(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.) </p> <p><b>Subtitle B: National Reconnaissance Office </b>- (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.) </p> <p>(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.)</p> <p><b>Subtitle C: Central Intelligence Agency</b> - (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.</p> <p><b>Title V: Security Clearance Reform </b>- (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.</p> <p>(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. </p> <p>(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.</p> <p>(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.</p> <p>(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.</p> <p><b>Title VI: Intelligence Community Whistleblower Protections </b>- (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. </p> <p>(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. </p> <p>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.</p> <p>Requires the DNI to notify Congress regarding such appeals from an agency's final determination.</p> <p>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.</p> <p>(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.</p> <p>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.</p> <p>(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. </p> <p><b>Title VII: Technical Amendments </b>- 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. </p>

tv_txt: II Calendar No. 244 113th CONGRESS 1st Session S. 1681 IN THE SENATE OF THE UNITED STATES November 12, 2013 Mrs. Feinstein , from the Select Committee on Intelligence , reported the following original bill; which was read twice and placed on the calendar A BILL To authorize appropriations for fiscal year 2014 for intelligence and intelligence-related activities of the United States Government and the Office of the Director of National Intelligence, 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—Budget and personnel authorizations 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. Sec. 202. CIARDS and FERS special retirement credit for service on detail to another agency. TITLE III—General intelligence community matters Subtitle A—General matters Sec. 301. Restriction on conduct of intelligence activities. Sec. 302. Increase in employee compensation and benefits authorized by law. Sec. 303. Open FOIA protections. Sec. 304. Functional managers. Sec. 305. Auditability. Sec. 306. Software licensing. Sec. 307. Public Interest Declassification Board. Sec. 308. Reports of fraud, waste, and abuse. Subtitle B—Targeted lethal force oversight Sec. 311. Targeted lethal force oversight reform. Sec. 312. Unclassified annual report on the use of targeted lethal force outside the United States. Subtitle C—Reporting Sec. 321. Opinions of the Office of Legal Counsel concerning intelligence activities. Sec. 322. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations. Sec. 323. Reports on chemical weapons in Syria. Sec. 324. Reports to the intelligence community on penetrations of networks and information systems of certain contractors. Sec. 325. Repeal or modification of certain reporting requirements. TITLE IV—Matters relating to elements of the intelligence community Subtitle A—National Security Agency Sec. 401. Appointment of the Director of the National Security Agency. Sec. 402. Appointment of the Inspector General of the National Security Agency. Subtitle B—National Reconnaissance Office Sec. 411. Appointment of the Director of the National Reconnaissance Office. Sec. 412. Appointment of the Inspector General of the National Reconnaissance Office. TITLE V—Security clearance reform Sec. 501. Appropriate committees of Congress defined. Sec. 502. Technology improvements to security clearance processing. Sec. 503. Enhanced reciprocity of security clearances. Sec. 504. Report on reciprocity of security clearances. Sec. 505. Improving the periodic reinvestigation process. TITLE VI—Intelligence community whistleblower protections Sec. 601. Protection of intelligence community whistleblowers. Sec. 602. Review of security clearance or access determinations. Sec. 603. Revisions of other laws. Sec. 604. Regulations; reporting requirements; nonapplicability to certain terminations. TITLE VII—Other matters Sec. 701. Repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence. Sec. 702. Gifts, devises, and bequests. Sec. 703. Budgetary effects. 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Intelligence community The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). I Budget and personnel authorizations 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 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 S. ___ of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) In general 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); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases The Director of National Intelligence may authorize the employment of civilian personnel in excess of the number of positions for fiscal year 2014 authorized 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 section for such element. (b) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to the initial 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 $568,736,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2015. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 855 positions 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. 202. CIARDS and FERS special retirement credit for service on detail to another agency (a) In general Section 203(b) of the Central Intelligence Retirement Act ( 50 U.S.C. 2013(b) ) is amended by striking For purposes of this Act, and all that follows through the end and inserting “For purposes of this chapter, qualifying service is service performed by an Agency employee in carrying out duties that are determined by the Director— (1) to be in support of intelligence activities abroad hazardous to life or health; or (2) to be so specialized because of security requirements as to be clearly distinguishable from normal government employment. . (b) Application The amendment made by subsection (a) shall be applied to retired or deceased officers of the Central Intelligence Agency who were designated at any time under section 203(b) or 302(a) of the Central Intelligence Retirement Act ( 50 U.S.C. 2013(b) and 2152(a)) prior to the date of the enactment of this Act. III General intelligence community matters A General matters 301. 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. 302. 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. 303. Open FOIA protections Section 103H(g)(3)(A) of the National Security Act of 1947 ( 50 U.S.C. 3033(g)(3)(A) ) is amended by striking undertaken; and inserting undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); . 304. Functional managers (a) In general The President shall designate officers or employees of the United States to serve as functional managers for signals intelligence, human intelligence, geospatial intelligence, and such other intelligence disciplines as the President determines necessary. Unless the President directs otherwise— (1) the Director of the National Security Agency shall be designated the functional manager for signals intelligence; (2) the Director of the Central Intelligence Agency shall be designated the functional manager for human intelligence; and (3) the Director of the National Geospatial-Intelligence Agency shall be designated the functional manager for geospatial intelligence. (b) Duties Each functional manager designated under subsection (a) shall act as the principal adviser to the Director of National Intelligence and the Secretary of Defense for their respective intelligence function. (c) Annual reports to Congress Each year, on a date not later than 2 weeks after the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31, United States Code, each functional manager shall report to the congressional intelligence committees and congressional armed services committees concerning the performance of the function. In addition to such other information as the functional manager elects to include in a report, each report shall— (1) identify all programs, projects, and activities that fall within the intelligence discipline for which the functional manager is responsible; (2) identify any issues related to the application of technical and interoperability standards in such programs, projects, and activities; (3) identify any concerns the functional manager has regarding the allocation of resources among such programs, projects, and activities within the intelligence discipline for which the functional manager is responsible; (4) assess the sufficiency of resources included in the President's budget request for the next fiscal year to meet requirements within the intelligence discipline for which the functional manager is responsible; (5) identify the operational overlap and need for de-confliction within the intelligence discipline for which the functional manager is responsible; and (6) identify any concerns the functional manager has related to compliance within the intelligence discipline for which the functional manager is responsible. (d) Congressional armed services committees defined In this section, the term congressional armed services committees means— (1) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. 305. Auditability (a) Requirement for annual audits Each covered entity shall undergo a full financial audit each year beginning with each covered entity's fiscal year 2014 financial statements. Such audits may be conducted by an internal or external independent accounting or auditing organization. (b) Requirement for unqualified opinion Not later than the audit required by subsection (a) of fiscal year 2016 financial statements, each covered entity shall obtain an audit with an unqualified opinion on its financial statements for each fiscal year. (c) Covered entity defined In this section, the term covered entity means the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency. (d) Reports to Congress The chief financial executive of each covered entity shall provide to the congressional intelligence committees an annual audit report from an accounting or auditing organization on each audit of the covered entity conducted pursuant to subsection (a). 306. Software licensing (a) Requirement for inventories of software licenses (1) Inventories by elements of the intelligence community Not later than 120 days after the date of the enactment of this Act, and once every 2 years thereafter, the chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall— (A) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses; (B) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage; and (C) submit to the Chief Information Officer of the Intelligence Community each inventory required by subparagraph (A) and each assessment required by subparagraph (B). (2) Initial inventory The initial inventory conducted for each element of the intelligence community under paragraph (1)(A) shall be based on the inventory of software licenses conducted pursuant to section 305 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2472) for such element. (b) Inventories by the Chief Information Officer of the Intelligence Community Not later than 180 days after the enactment of this Act, and once every 2 years thereafter, the Chief Information Officer of the Intelligence Community shall, based on the inventories and assessments required by subsection (a)— (1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses; and (2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage. (c) Reports to Congress The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1). 307. Public Interest Declassification Board Section 710(b) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 ; 50 U.S.C. 3161 note) is amended by striking 2014. and inserting 2018. . 308. Reports of fraud, waste, and abuse Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended in paragraph (1)— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (2) by inserting after subparagraph (A) the following: (B) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General of the Intelligence Community. ; and (3) in subparagraph (D), as redesignated by paragraph (1)— (A) by striking Act or section 17 and inserting Act, section 17 ; and (B) by striking the period at the end and inserting , or section 103H(k) of the National Security Act of 1947 ( 50 U.S.C. 3033(k) ). . B Targeted lethal force oversight 311. Targeted lethal force oversight reform (a) Definitions In this section: (1) Director The term Director means the Director of National Intelligence. (2) United States person The term United States person means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) )). (b) Alternative analysis (1) Notification of director Upon a determination by the head of an element of the intelligence community that a particular, known United States person is knowingly engaged in acts of international terrorism against the United States, such that the United States Government is considering the legality or the use of targeted lethal force against that United States person, the head of the element shall, as soon as practicable, notify the Director of the determination. (2) Independent alternative analysis (A) Requirement for alternative analysis Not later than 15 days after the date the Director receives a notification under paragraph (1), the Director shall complete an independent alternative analysis (commonly referred to as red-team analysis ) of the information relied on to support the determination made under paragraph (1). (B) Independent leadership In completing the independent alternative analysis required by subparagraph (A), the Director shall ensure that the individual appointed to lead such alternative analysis does not report to the head of the element of the intelligence community who made the determination under paragraph (1). (3) Notification of the Inspector General of the Intelligence Community As soon as practicable, the Director shall notify the Inspector General of the Intelligence Community of the receipt of a notification under paragraph (1). (4) Notification to Congress As soon as practicable, the Director shall notify the congressional intelligence committees, in writing, of the receipt of a notification under paragraph (1), including the identity of the United States person, and the results of the independent alternative analysis performed under paragraph (2), including any written product containing the alternative analysis, or if no product has been created, a summary of such analysis. (5) Construction with other law Nothing in this section shall be construed to impede the ability of the United States Government to conduct any operation consistent with otherwise applicable law. (c) Inspector General of the Intelligence Community review On an annual basis the Inspector General of the Intelligence Community shall— (1) conduct a review of any notifications received under subsection (b)(3) with respect to the element of the intelligence community’s compliance with all appropriate policies and procedures related to consideration of the use of targeted lethal force against a particular, known United States person; and (2) submit to the Director and the congressional intelligence committees a report on the findings of such review. (d) Construction Nothing in this section may be construed to authorize the use of targeted lethal force against a United States person. 312. Unclassified annual report on the use of targeted lethal force outside the United States (a) Requirement for annual report For each year, the President shall prepare and make public an annual report that sets forth the following: (1) The total number of combatants killed or injured during the preceding year by the use of targeted lethal force outside the United States by remotely piloted aircraft. (2) The total number of noncombatant civilians killed or injured during the preceding year by such use of targeted lethal force outside the United States. (b) Targeted lethal force defined In this section, the term targeted lethal force means the act of directing lethal force at a particular person or group with the specific intent of killing those persons. (c) Exception A report required by subsection (a) shall not include— (1) any use of targeted lethal force in Afghanistan prior to the end of combat operations by the United States; or (2) any use of targeted lethal force in a foreign country described by a future declaration of war or authorization for the use of military force. C Reporting 321. Opinions of the Office of Legal Counsel concerning intelligence activities (a) Annual submission (1) Requirement to provide list of opinions to Congress Except as provided in subsections (b) and (c), not later than 180 days after the date of the enactment of this Act and annually thereafter, the Attorney General, in coordination with the Director of National Intelligence, shall provide to the congressional intelligence committees a listing of every opinion of the Office of Legal Counsel of the Department of Justice that has been provided to an element of the intelligence community. (2) Content Each listing submitted under paragraph (1) shall include— (A) as much detail as possible about the subject of each opinion; (B) the date the opinion was issued; (C) a listing of each recipient agency; (D) whether the opinion has been made available to Congress or a specific committee of Congress, including the identity of each such committee; and (E) for any opinion that has not been made available to Congress or a specific committee of Congress, the basis for such withholding. (b) Exception for covert action If the President determines that it is essential to limit access to a covert action finding under section 503(c)(2) of the National Security Act of 1947 ( 50 U.S.C. 3093(c)(2) ), the President may limit access to information concerning such finding that is subject to disclosure under subsection (a) to those members of Congress who have been granted access to the relevant finding under such section 503(c)(2). (c) Exception for information subject to executive privilege If the President determines that a particular listing subject to disclosure under subsection (a) is subject to an executive privilege that protects against such disclosure, the Attorney General shall not be required to disclose such opinion or listing if the Attorney General notifies the congressional intelligence committees, in writing, of the legal justification for such assertion of executive privilege prior to the date by which the opinion or listing is required to be disclosed. 322. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations (a) In general Whenever the head of an applicable agency submits a plan to the Director of the Office of Management and Budget in accordance with section 124 of Office of Management and Budget Circular A–11, pertaining to agency operations in the absence of appropriations, or any successor circular of the Office that requires the head of an applicable agency to submit to the Director a plan for an orderly shutdown in the event of the absence of appropriations, such head shall submit a copy of such plan to the following: (1) The congressional intelligence committees. (2) The Committee on Armed Services of the Senate. (3) The Subcommittee on Defense of the Committee on Appropriations of the Senate. (4) The Committee on Armed Services of the House of Representatives. (5) The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (b) Head of an applicable agency defined In this section, the term head of an applicable agency includes the following: (1) The Director of National Intelligence. (2) The Director of the Central Intelligence Agency. (3) Each head of each element of the intelligence community that is within the Department of Defense. 323. Reports on chemical weapons in Syria (a) In general Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the Syrian chemical weapons program. (b) Elements The report required under subsection (a) shall include the following elements: (1) A comprehensive assessment of chemical weapon stockpiles in Syria, including names, types, and quantities of chemical weapons agents, types of munitions, and location and form of storage, production, and research and development facilities. (2) A listing of key personnel associated with the Syrian chemical weapons program. (3) An assessment of undeclared chemical weapons stockpiles, munitions, and facilities. (4) An assessment of how these stockpiles, precursors, and delivery systems were obtained. (5) A description of key intelligence gaps related to the Syrian chemical weapons program. (6) An assessment of any denial and deception efforts on the part of the Syrian regime related to its chemical weapons program. (c) Progress reports Every 90 days until the Director of National Intelligence makes the certification described in subsection (d) or 18 months after the date of the enactment of this Act, whichever is earlier, the Director of National Intelligence shall submit to the appropriate congressional committees a progress report providing any material updates to the report required under subsection (a). (d) Certification The certification described in this subsection is a certification by the Director of National Intelligence to the appropriate congressional committees that the Syrian regime has completely and verifiably destroyed all components of its chemical weapons program. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 324. Reports to the intelligence community on penetrations of networks and information systems of certain contractors (a) Procedures for reporting penetrations The Director of National Intelligence shall establish procedures that require each cleared intelligence contractor to report to an element of the intelligence community designated by the Director for purposes of such procedures when a network or information system of such contractor that meets the criteria established pursuant to subsection (b) is successfully penetrated. (b) Networks and information systems subject to reporting The Director of National Intelligence shall, in consultation with appropriate officials, establish criteria for covered networks to be subject to the procedures for reporting system penetrations under subsection (a). (c) Procedure requirements (1) Rapid reporting The procedures established pursuant to subsection (a) shall require each cleared intelligence contractor to rapidly report to an element of the intelligence community designated pursuant to subsection (a) of each successful penetration of the network or information systems of such contractor that meet the criteria established pursuant to subsection (b). Each such report shall include the following: (A) A description of the technique or method used in such penetration. (B) A sample of the malicious software, if discovered and isolated by the contractor, involved in such penetration. (C) A summary of information created by or for such element in connection with any program of such element that has been potentially compromised due to such penetration. (2) Access to equipment and information by intelligence community personnel The procedures established pursuant to subsection (a) shall— (A) include mechanisms for intelligence community personnel to, upon request, obtain access to equipment or information of a cleared intelligence contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor; (B) provide that a cleared intelligence contractor is only required to provide access to equipment or information as described in subparagraph (A) 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 a network or information system of such contractor and, if so, what information was exfiltrated; and (C) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person. (3) Limitation on dissemination of certain information The procedures established pursuant to subsection (a) shall prohibit the dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community except with the approval of the contractor providing such information. (d) Issuance of procedures and establishment of criteria (1) In general Not later than 90 days after the date of the enactment of this Act— (A) the Director of National Intelligence shall establish the procedures required under subsection (a); and (B) the senior official designated under subsection (b)(1) shall establish the criteria required under such subsection. (2) Applicability date The requirements of this section shall apply on the date on which the Director of National Intelligence establishes the procedures required under this section. (e) Coordination with the Secretary of Defense To prevent duplicate reporting Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall establish procedures to permit a contractor that is a cleared intelligence contractor and a cleared defense contractor under section 941 of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2224 note) to submit a single report that satisfies the requirements of this section and such section 941 for an incident of penetration of network or information system. (f) Definitions In this section: (1) Cleared intelligence contractor The term cleared intelligence contractor means a private entity granted clearance by the Director of National Intelligence 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. (2) Covered network The term covered network means a network or information system of a cleared intelligence contractor 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. 325. Repeal or modification of certain reporting requirements (a) Repeal of certain reporting requirements (1) Annual report on the threat of attack on the United States using weapons of mass destruction (A) Repeal Section 114 of the National Security Act of 1947 ( 50 U.S.C. 3050 ) is amended to read as follows: 114. Annual report on hiring and retention of minority employees (a) Requirement for report The Director of National Intelligence shall, on an annual basis, submit to Congress a report on the employment of covered persons within each element of the intelligence community for the preceding fiscal year. (b) Content Each such report shall include disaggregated data by category of covered person from each element of the intelligence community on the following: (1) Of all individuals employed in the element during the fiscal year involved, the aggregate percentage of such individuals who are covered persons. (2) Of all individuals employed in the element during the fiscal year involved at the levels referred to in subparagraphs (A) and (B), the percentage of covered persons employed at such levels: (A) Positions at levels 1 through 15 of the General Schedule. (B) Positions at levels above GS–15. (3) Of all individuals hired by the element involved during the fiscal year involved, the percentage of such individuals who are covered persons. (c) Form of report Each such report shall be submitted in unclassified form, but may contain a classified annex. (d) Construction Nothing in this section shall be construed as providing for the substitution of any similar report required under another provision of law. (e) Covered persons defined In this section, the term covered persons means— (1) racial and ethnic minorities; (2) women; and (3) individuals with disabilities. . (B) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended by striking the item relating to section 114 and inserting the following: Sec. 114. Annual report on hiring and retention of minority employees. . (2) Reports on commerce with, and assistance to, Cuba from other foreign countries (A) Repeal Section 108 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6038) is repealed. (B) Table of contents amendment The table of contents in section 1(b) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by striking the item relating to section 108. (3) Annual report on uncontrolled treaty-limited equipment Section 2(5)(E) of the Senate resolution advising and consenting to ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe (CFE) of November 19, 1990, adopted at Vienna May 31, 1996 (Treaty Doc. 105-5) (commonly referred to as the "CFE Flank Document"), 105th Congress, agreed to May 14, 1997, is repealed. (b) Modification of certain reporting requirements (1) Intelligence advisory committees Section 410(b) of the Intelligence Authorization Act for Fiscal Year 2010 ( 50 U.S.C. 3309 ) is amended to read as follows: (b) Notification of establishments 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 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) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act. . (2) Reports on intelligence community business system transformation Section 506D(j) of the National Security Act of 1947 ( 50 U.S.C. 3100(j) ) is amended in the matter preceding paragraph (1) by striking 2015, and inserting 2014, . (3) Reports on the activities of privacy and civil liberties officers Section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended in the matter preceding subparagraph (A) by striking quarterly, and inserting semiannually, . (4) Notifications of waivers of conditions for disqualification for security clearances Section 3002(c)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3343(c)(4) ) is amended to read as follows: (4) Waivers of conditions for disqualification for security clearances (A) Notification The head of a Federal agency shall notify the appropriate committees of Congress if such agency employs or employed a person for whom a waiver was granted in accordance with paragraph (2) within 15 days of granting such waiver. Such notification shall not reveal the identity of such person, but shall include the disqualifying factor under paragraph (1) and the reasons for the waiver of the disqualifying factor. (B) Definitions In this paragraph: (i) Appropriate committees of Congress The term appropriate committees of Congress means, with respect to a notification submitted under subparagraph (A) by the head of a Federal agency— (I) the congressional defense committees; (II) the congressional intelligence committees; (III) the Committee on Homeland Security and Governmental Affairs of the Senate; (IV) the Committee on Oversight and Government Reform of the House of Representatives; and (V) each Committee of the Senate or the House of Representatives with oversight authority over such Federal agency. (ii) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. (iii) Congressional intelligence committees The term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). . IV Matters relating to elements of the intelligence community A National Security Agency 401. Appointment of the Director of the National Security Agency (a) Director of the National Security Agency Section 2 of the National Security Agency Act of 1959 ( 50 U.S.C. 3602 ) is amended— (1) by inserting (b) before There ; and (2) by inserting before subsection (b), as so designated by paragraph (1), the following: (a) (1) There is a Director of the National Security Agency. (2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate. (3) The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this Act or otherwise by law or executive order. . (b) Position of importance and responsibility The President may designate the Director of the National Security Agency as a position of importance and responsibility under section 601 of title 10, United States Code. (c) Effective date and applicability (1) In general The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply upon the earlier of— (A) the date of the nomination by the President of an individual to serve as the Director of the National Security Agency, except that the individual serving as such Director as of the date of the enactment of this Act may continue to perform such duties after such date of nomination and until the individual appointed as such Director, by and with the advice and consent of the Senate, assumes the duties of such Director; or (B) the date of the cessation of the performance of the duties of such Director by the individual performing such duties as of the date of the enactment of this Act. (2) Positions of importance and responsibility Subsection (b) shall take effect on the date of the enactment of this Act. 402. Appointment of the Inspector General of the National Security Agency (a) In general The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G(a)(2), by striking the National Security Agency, ; and (2) in section 12— (A) in paragraph (1), by striking or the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; and inserting the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; the Director of the National Security Agency; ; and (B) in paragraph (2), by striking or the Commissions established under section 15301 of title 40, United States Code, and inserting the Commissions established under section 15301 of title 40, United States Code, the National Security Agency, . (b) Effective date; incumbent (1) Effective date The amendments made by subsection (a) shall take effect on the date on which the first Director of the National Security Agency takes office on or after the date of the enactment of this Act. (2) Incumbent The individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate. B National Reconnaissance Office 411. Appointment of the Director of the National Reconnaissance Office (a) In general The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended by adding after section 106 the following: 106A. Director of the National Reconnaissance Office (a) In general There is a Director of the National Reconnaissance Office. (b) Appointment The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions and duties The Director of the National Reconnaissance Office shall be the head of the National Reconnaissance Office and shall discharge such functions and duties as are provided by this Act or otherwise by law or executive order. (d) Position of importance and responsibility The President may designate the Director of the National Reconnaissance Office as a position of importance and responsibility under section 601 of title 10, United States Code. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended by inserting after the item relating to section 106 the following: Sec. 106A. Director of the National Reconnaissance Office. . (c) Effective date and applicability (1) In general Subsection (a) shall take effect on the date of enactment of this Act and shall apply upon the earlier of— (A) the date of the nomination by the President of an individual to serve as the Director of the National Reconnaissance Office, except that the individual serving as such Director as of the date of the enactment of this Act may continue to perform such duties after such date of nomination and until the individual appointed as such Director, by and with the advice and consent of the Senate, assumes the duties of such Director; or (B) the date of the cessation of the performance of the duties of such Director by the individual performing such duties as of the date of enactment of this Act. (2) Positions of importance and responsibility Subsection (d) of section 106A of the National Security Act of 1947, as added by subsection (a), shall take effect on the date of the enactment of this Act. 412. Appointment of the Inspector General of the National Reconnaissance Office (a) In general The Inspector General Act of 1978 (5 U.S.C. App.)— (1) in section 8G(a)(2), as amended by section 402, is further amended by striking the National Reconnaissance Office, ; and (2) in section 12, as amended by section 402, is further amended— (A) in paragraph (1), by inserting or the Director of the National Reconnaissance Office; before as the case may be; ; and (B) in paragraph (2), by inserting or the National Reconnaissance Office, before as the case may be; . (b) Effective date; incumbent (1) Effective date The amendments made by subsection (a) shall take effect on the date on which the first Director of the National Reconnaissance Office takes office on or after the date of enactment of this Act. (2) Incumbent The individual serving as Inspector General of the National Reconnaissance Office on the date of enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate. V Security clearance reform 501. Appropriate committees of Congress defined In this title, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (3) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives. 502. Technology improvements to security clearance processing (a) In general The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall conduct an analysis of the relative costs and benefits of potential improvements to the process for investigating persons who are proposed for access to classified information and adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information. (b) Contents of analysis In conducting the analysis required by subsection (a), the Director of National Intelligence shall evaluate the costs and benefits associated with— (1) the elimination of manual processes in security clearance investigations and adjudications, if possible, and automating and integrating the elements of the investigation process, including— (A) the clearance application process; (B) case management; (C) adjudication management; (D) investigation methods for the collection, analysis, storage, retrieval, and transfer of data and records; and (E) records management for access and eligibility determinations; (2) the elimination or reduction, if possible, of the use of databases and information sources that cannot be accessed and processed automatically electronically, or modification of such databases and information sources, to enable electronic access and processing; (3) the use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations; (4) the standardization of forms used for routine reporting required of cleared personnel (such as travel, foreign contacts, and financial disclosures) and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events; (5) the establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof; (6) using digitally processed fingerprints, as a substitute for ink or paper prints, to reduce error rates and improve portability of data; (7) expanding the use of technology to improve an applicant’s ability to discover the status of a pending security clearance application or reinvestigation; and (8) using government and publicly available commercial data sources, including social media, that provide independent information pertinent to adjudication guidelines to improve quality and timeliness, and reduce costs, of investigations and reinvestigations. (c) Report to Congress Not later than 6 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on the analysis required by subsection (a). 503. Enhanced reciprocity of security clearances Section 3001(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(d) ) is amended by adding at the end the following: (7) (A) No agency may reject another agency's determination that an individual is eligible for access to classified information on the basis that such eligibility determination is out-of-scope, unless the head of the entity selected pursuant to subsection (b) certifies to the appropriate committees of Congress that the rejecting agency does not employ any personnel who have background investigations that are out-of-scope. (B) In this paragraph, the term out-of-scope means a background investigation or reinvestigation that is more than— (i) 7 years old in the case of a top secret clearance; (ii) 10 years old in the case of a secret clearance; or (iii) 15 years old in the case of a confidential clearance. (8) All personnel who have been determined to be eligible for access to classified information shall be presumed to be suitable for employment, unless and until the head of an agency determines on a case-by-case basis that an individual is not suitable for employment, in which case the individual shall be notified of such suitability determination in writing within 15 days. . 504. Report on reciprocity of security clearances The head of the entity selected pursuant to section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b) ) shall submit to the appropriate committees of Congress a report each year through 2017 that describes for the preceding year— (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; (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is accepted by another agency; (3) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is not accepted by another agency; and (4) such other information or recommendations as the head of the entity selected pursuant to such section 3001(b) considers appropriate. 505. Improving the periodic reinvestigation process (a) In general Not later than 6 months after the date of the enactment of this Act, and annually thereafter until 2017, the Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall transmit to the appropriate committees of Congress a strategic plan for improving the process for periodic reinvestigations. (b) Contents The plan required by subsection (a) shall include— (1) an analysis of the costs and benefits associated with conducting more frequent or less frequent periodic reinvestigations; and (2) an analysis of the potential benefits of expanding the Government's use of continuous evaluation tools as a means of improving the effectiveness and efficiency of procedures for confirming the eligibility of personnel for continued access to classified information. (c) Periodic reinvestigations defined In this section, the term periodic reinvestigations has the meaning given that term in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)). VI Intelligence community whistleblower protections 601. Protection of intelligence community whistleblowers (a) In general Chapter 23 of title 5, United States Code, is amended by inserting after section 2303 the following: 2303A. Prohibited personnel practices in the intelligence community (a) Definitions In this section: (1) Agency The term agency means an executive department or independent establishment, as defined under sections 101 and 104, that contains an intelligence community element, except the Federal Bureau of Investigation. (2) Congressional intelligence committees The term congressional intelligence committees means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (3) Intelligence community element The term intelligence community element — (A) means— (i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and (B) does not include the Federal Bureau of Investigation; and (4) Personnel action The term personnel action means any action described in clauses (i) through (x) of section 2302(a)(2)(A) with respect to an employee in a position in an intelligence community element (other than a position of a confidential, policy-determining, policymaking, or policy-advocating character). (b) In general Any employee of an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to any employee of an intelligence community element as a reprisal for a disclosure of information by the employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, the head of the employing agency (or an employee designated by the head of that agency for such purpose), the appropriate inspector general of the employing agency, a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably believes evidences— (1) a violation of any law, rule, or regulation; or (2) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (c) Enforcement The President shall provide for the enforcement of this section in a manner consistent with applicable provisions of sections 1214 and 1221. (d) Existing rights preserved Nothing in this section shall be construed to— (1) preempt or preclude any employee, or applicant for employment, at the Federal Bureau of Investigation from exercising rights currently provided under any other law, rule, or regulation, including section 2303; (2) repeal section 2303; or (3) provide the President or Director of National Intelligence the authority to revise regulations related to section 2303, codified in part 27 of the Code of Federal Regulations. . (b) Technical and conforming amendment The table of sections for chapter 23 of title 5, United States Code, is amended by inserting after the item relating to section 2303 the following: 2303A. Prohibited personnel practices in the intelligence community. . 602. Review of security clearance or access determinations (a) In general Section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b) ) is amended— (1) in the matter preceding paragraph (1), by striking Not and inserting Except as otherwise provided, not ; (2) in paragraph (5), by striking and after the semicolon; (3) in paragraph (6), by striking the period at the end and inserting ; and ; and (4) by inserting after paragraph (6) the following: (7) not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014 — (A) developing policies and procedures that permit, to the extent practicable, individuals who in good faith appeal a determination to suspend or revoke a security clearance or access to classified information to retain their government employment status while such challenge is pending; and (B) developing and implementing uniform and consistent policies and procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information, including the provision of a right to appeal such a denial, suspension, or revocation, except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts no longer than 1 year or the head of the agency certifies that a longer suspension is needed before a final decision on denial or revocation to prevent imminent harm to the national security. Any limitation period applicable to an agency appeal under paragraph (7) shall be tolled until the head of the agency (or in the case of any component of the Department of Defense, the Secretary of Defense) determines, with the concurrence of the Director of National Intelligence, that the policies and procedures described in paragraph (7) have been established for the agency or the Director of National Intelligence promulgates the policies and procedures under paragraph (7). The policies and procedures for appeals developed under paragraph (7) shall be comparable to the policies and procedures pertaining to prohibited personnel practices defined under section 2302(b)(8) of title 5, United States Code, and provide— (A) for an independent and impartial fact-finder; (B) for notice and the opportunity to be heard, including the opportunity to present relevant evidence, including witness testimony; (C) that the employee or former employee may be represented by counsel; (D) that the employee or former employee has a right to a decision based on the record developed during the appeal; (E) that not more than 180 days shall pass from the filing of the appeal to the report of the impartial fact-finder to the agency head or the designee of the agency head, unless— (i) the employee and the agency concerned agree to an extension; or (ii) the impartial fact-finder determines in writing that a greater period of time is required in the interest of fairness or national security; (F) for the use of information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs in a manner consistent with the interests of national security, including ex parte submissions if the agency determines that the interests of national security so warrant; and (G) that the employee or former employee shall have no right to compel the production of information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, except evidence necessary to establish that the employee made the disclosure or communication such employee alleges was protected by subparagraphs (A), (B), and (C) of subsection (j)(1). . (b) Retaliatory revocation of security clearances and access determinations Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) is amended by adding at the end the following: (j) Retaliatory revocation of security clearances and access determinations (1) In general Agency personnel with authority over personnel security clearance or access determinations shall not take or fail to take, or threaten to take or fail to take, any action with respect to any employee's security clearance or access determination because of— (A) any disclosure of information to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose) or the head of the employing agency (or employee designated by the head of that agency for such purpose) by an employee that the employee reasonably believes evidences— (i) a violation of any law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (B) any disclosure to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee reasonably believes evidences— (i) a violation of any law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (C) any communication that complies with— (i) subsections (a)(1), (d), and (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); (ii) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ); or (iii) subparagraphs (A), (D), and (I) of section 103H(k)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5) ); and (D) if the actions do not result in the employee or applicant unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs— (i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (ii) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or (iii) cooperating with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. (2) Rule of construction Consistent with the protection of sources and methods, nothing in paragraph (1) shall be construed to authorize the withholding of information from Congress or the taking of any personnel action against an employee who discloses information to Congress. (3) Disclosures (A) In general A disclosure shall not be excluded from paragraph (1) because— (i) the disclosure was made to a person, including a supervisor, who participated in an activity that the employee reasonably believed to be covered by paragraph (1)(A)(ii); (ii) the disclosure revealed information that had been previously disclosed; (iii) of the employee's motive for making the disclosure; (iv) the disclosure was not made in writing; (v) the disclosure was made while the employee was off duty; or (vi) of the amount of time which has passed since the occurrence of the events described in the disclosure. (B) Reprisals If a disclosure is made during the normal course of duties of an employee, the disclosure shall not be excluded from paragraph (1) if any employee who has authority to take, direct others to take, recommend, or approve any personnel action with respect to the employee making the disclosure, took, failed to take, or threatened to take or fail to take a personnel action with respect to that employee in reprisal for the disclosure. (4) Agency adjudication (A) Remedial procedure An employee or former employee who believes that he or she has been subjected to a reprisal prohibited by paragraph (1) may, within 90 days after the issuance of notice of such decision, appeal that decision within the agency of that employee or former employee through proceedings authorized by subsection (b)(7), except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts not longer than 1 year (or a longer period in accordance with a certification made under subsection (b)(7)). (B) Corrective action If, in the course of proceedings authorized under subparagraph (A), it is determined that the adverse security clearance or access determination violated paragraph (1), the agency shall take specific corrective action to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the violation not occurred. Such corrective action shall include reasonable attorney's fees and any other reasonable costs incurred, and may include back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000. (C) Contributing factor In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual, unless the agency demonstrates by a preponderance of the evidence that it would have taken the same action in the absence of such disclosure, giving the utmost deference to the agency's assessment of the particular threat to the national security interests of the United States in the instant matter. (5) Appellate review of security clearance access determinations by Director of National Intelligence (A) Definition In this paragraph, the term Board means the appellate review board established under section 604(b) of the Intelligence Authorization Act for Fiscal Year 2014 . (B) Appeal Within 60 days after receiving notice of an adverse final agency determination under a proceeding under paragraph (4), an employee or former employee may appeal that determination to the Board. (C) Policies and procedures The Board, in consultation with the Attorney General, Director of National Intelligence, and the Secretary of Defense, shall develop and implement policies and procedures for adjudicating the appeals authorized by subparagraph (B). The Director of National Intelligence and Secretary of Defense shall jointly approve any rules, regulations, or guidance issued by the Board concerning the procedures for the use or handling of classified information. (D) Review The Board’s review shall be on the complete agency record, which shall be made available to the Board. The Board may not hear witnesses or admit additional evidence. Any portions of the record that were submitted ex parte during the agency proceedings shall be submitted ex parte to the Board. (E) Further fact-finding or improper denial If the Board concludes that further fact-finding is necessary or finds that the agency improperly denied the employee or former employee the opportunity to present evidence that, if admitted, would have a substantial likelihood of altering the outcome, the Board shall remand the matter to the agency from which it originated for additional proceedings in accordance with the rules of procedure issued by the Board. (F) De novo determination The Board shall make a de novo determination, based on the entire record and under the standards specified in paragraph (4), of whether the employee or former employee received an adverse security clearance or access determination in violation of paragraph (1). In considering the record, the Board may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact. In doing so, the Board may consider the prior fact-finder’s opportunity to see and hear the witnesses. (G) Adverse security clearance or access determination If the Board finds that the adverse security clearance or access determination violated paragraph (1), the Board shall separately determine whether reinstating the security clearance or access determination is clearly consistent with the interests of national security, with any doubt resolved in favor of national security, under Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information) or any successor thereto (including any adjudicative guidelines promulgated under such orders) or any subsequent Executive order, regulation, or policy concerning access to classified information. (H) Remedies (i) Corrective action If the Board finds that the adverse security clearance or access determination violated paragraph (1), the Board shall order the agency head to take specific corrective action to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the violation not occurred. Such corrective action shall include reasonable attorney's fees and any other reasonable costs incurred, and may include back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000. The Board may recommend, but may not order, reinstatement or hiring of a former employee. The Board may order that the former employee be treated as though the employee were transferring from the most recent position held when seeking other positions within the executive branch. Any corrective action shall not include the reinstating of any security clearance or access determination. The agency head shall take the actions so ordered within 90 days, unless the Director of National Intelligence, the Secretary of Energy, or the Secretary of Defense, in the case of any component of the Department of Defense, determines that doing so would endanger national security. (ii) Recommended action If the Board finds that reinstating the employee or former employee's security clearance or access determination is clearly consistent with the interests of national security, the Board shall recommend such action to the head of the entity selected under subsection (b) and the head of the affected agency. (I) Congressional Notification (i) Orders Consistent with the protection of sources and methods, at the time the Board issues an order, the Chairperson of the Board shall notify— (I) the Committee on Homeland Security and Government Affairs of the Senate; (II) the Select Committee on Intelligence of the Senate; (III) the Committee on Oversight and Government Reform of the House of Representatives; (IV) the Permanent Select Committee on Intelligence of the House of Representatives; and (V) the committees of the Senate and the House of Representatives that have jurisdiction over the employing agency, including in the case of a final order or decision of the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, or the National Reconnaissance Office, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. (ii) Recommendations If the agency head and the head of the entity selected under subsection (b) do not follow the Board’s recommendation to reinstate a clearance, the head of the entity selected under subsection (b) shall notify the committees described in subclauses (I) through (V) of clause (i). (6) Judicial review Nothing in this section shall be construed to permit or require judicial review of any— (A) agency action under this section; or (B) action of the appellate review board established under section 604(b) of the Intelligence Authorization Act for Fiscal Year 2014 . (7) Private cause of action Nothing in this section shall be construed to permit, authorize, or require a private cause of action to challenge the merits of a security clearance determination. . (c) Access determination defined Section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a) ) is amended by adding at the end the following: (9) The term access determination means the determination regarding whether an employee— (A) is eligible for access to classified information in accordance with Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with industry), or any successor thereto; and (B) possesses a need to know under such an Order. . (d) Rule of construction Nothing in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ), as amended by this title, shall be construed to require the repeal or replacement of agency appeal procedures implementing Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with industry), or any successor thereto, that meet the requirements of paragraph (7) of section 3001(b) of such Act, as added by this section. 603. Revisions of other laws (a) Inspector General Act of 1978 Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (b)— (A) by inserting (1) after (b) ; and (B) by adding at the end the following: (2) If the head of an establishment determines that a complaint or information transmitted under paragraph (1) would create a conflict of interest for the head of the establishment, the head of the establishment shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence and, if the establishment is within the Department of Defense, to the Secretary of Defense. In such a case, the requirements of this section for the head of the establishment apply to each recipient of the Inspector General’s transmission. Each recipient of the Inspector General's transmission shall consult with the members of the appellate review board established under section 604(b) of the Intelligence Authorization Act for Fiscal Year 2014 regarding all transmissions under this paragraph. ; (2) by designating subsection (h) as subsection (i); and (3) by inserting after subsection (g), the following: (h) An individual who has submitted a complaint or information to an Inspector General under this section may notify any member of Congress or congressional staff member of the fact that such individual has made a submission to that particular Inspector General, and of the date on which such submission was made. . (b) Central Intelligence Agency Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ) is amended— (1) in subparagraph (B)— (A) by inserting (i) after (B) ; and (B) by adding at the end the following: (ii) If the Director determines that a complaint or information transmitted under paragraph (1) would create a conflict of interest for the Director, the Director shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence. In such a case, the requirements of this subsection for the Director apply to the Director of National Intelligence. The Director of National Intelligence shall consult with the members of the appellate review board established under section 604(b) of the Intelligence Authorization Act for Fiscal Year 2014 regarding all transmissions under this clause. ; and (2) by adding at the end the following: (H) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of Congress or congressional staff member of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made. . (c) National Security Act of 1947 Section 103H(k)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5) ) is amended by adding at the end the following: (I) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of Congress or congressional staff member of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made. . 604. Regulations; reporting requirements; nonapplicability to certain terminations (a) Definitions In this section: (1) Congressional oversight committees The term congressional oversight committees means— (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Government Affairs of the Senate; and (C) the Committee on Oversight and Government Reform of the House of Representatives. (2) Intelligence community element The term intelligence community element — (A) means— (i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and (B) does not include the Federal Bureau of Investigation. (b) Regulations (1) In general In consultation with the Secretary of Defense, the Director of National Intelligence shall 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 disclosure of information described in section 2303A(b) of title 5, United States Code, as added by this title. (2) Appellate review board Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Attorney General, and the heads of appropriate agencies, shall establish an appellate review board that is broadly representative of affected Departments and agencies and is made up of individuals with expertise in merit systems principles and national security issues— (A) to hear whistleblower appeals related to security clearance access determinations described in subsection (j) of section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as added by this title; and (B) that shall include a subpanel that reflects the composition of intelligence community elements, which shall— (i) be composed of intelligence community elements and inspectors general from intelligence community elements, for the purpose of hearing cases that arise in intelligence community element; and (ii) include the Inspector General of the Intelligence Community and the Inspector General of the Department of Defense. (c) Report on the status of implementation of regulations Not later than 2 years after the date of the enactment of this Act, the Director of National Intelligence shall submit a report on the status of the implementation of the regulations promulgated under subsection (b) to the congressional oversight committees. (d) Nonapplicability to certain terminations Section 2303A of title 5, United States Code, as added by this title, and section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ), as amended by this title, shall not apply if the affected employee is concurrently terminated under— (1) section 1609 of title 10, United States Code; (2) the authority of the Director of National Intelligence under section 102A(m) of the National Security Act of 1947 (50 U.S.C. 3024(m)), if— (A) the Director personally summarily terminates the individual; and (B) the Director— (i) determines the termination to be in the interest of the United States; (ii) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security; and (iii) not later than 5 days after such termination, notifies the congressional oversight committees of the termination; (3) the authority of the Director of the Central Intelligence Agency under section 104A(e) of the National Security Act of 1947 ( 50 U.S.C. 3036(e) ), if— (A) the Director personally summarily terminates the individual; and (B) the Director— (i) determines the termination to be in the interest of the United States; (ii) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security; and (iii) not later than 5 days after such termination, notifies the congressional oversight committees of the termination; or (4) section 7532 of title 5, United States Code, if— (A) the agency head personally terminates the individual; and (B) the agency head— (i) determines the termination to be in the interest of the United States; (ii) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security; and (iii) not later than 5 days after such termination, notifies the congressional oversight committees of the termination. VII Other matters 701. Repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence Section 504 of the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112–277; 126 Stat. 2477) is amended by striking subsection (e). 702. Gifts, devises, and bequests Section 12 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3512 ) is amended— (1) by striking the section heading and inserting Gifts, devises, and bequests ; (2) in subsection (a)(2)— (A) by inserting by the Director as a gift to the Agency after accepted ; and (B) by striking this section, and inserting subsection (a), ; (3) in subsection (b), by striking this section, and inserting subsection (a), ; (4) in subsection (c), by striking this section, and inserting subsection (a), ; (5) in subsection (d), by striking this section and inserting subsection (a) ; (6) by redesignating subsection (f) as subsection (g); and (7) by inserting after subsection (e) the following: (f) (1) The Director may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support to surviving family members of deceased Agency employees or that otherwise provide support for the welfare, education, or recreation of Agency employees, former Agency employees, or their family members. (2) In this subsection, the term fundraising means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means. . 703. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

November 12, 2013 Read twice and placed on the calendar

tv_txt: One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 1681 IN THE SENATE OF THE UNITED STATES AN ACT To authorize appropriations for fiscal year 2014 for intelligence and intelligence-related activities of the United States Government and the Office of the Director of National Intelligence, 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. Sec. 202. CIARDS and FERS special retirement credit for service on detail to another agency. TITLE III—General provisions Subtitle A—General matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Specific authorization of funding for High Performance Computing Center 2. Sec. 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community. Sec. 305. Functional managers for the intelligence community. Sec. 306. Annual assessment of intelligence community performance by function. Sec. 307. Software licensing. Sec. 308. Plans to respond to unauthorized public disclosures of covert actions. Sec. 309. Auditability. Sec. 310. Reports of fraud, waste, and abuse. Sec. 311. Public Interest Declassification Board. Sec. 312. Official representation items in support of the Coast Guard Attaché Program. Sec. 313. Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1, 2011. Sec. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program. Subtitle B—Reporting Sec. 321. Significant interpretations of law concerning intelligence activities. Sec. 322. Review for official publication of opinions of the Office of Legal Counsel of the Department of Justice concerning intelligence activities. Sec. 323. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations. Sec. 324. Reports on chemical weapons in Syria. Sec. 325. Reports to the intelligence community on penetrations of networks and information systems of certain contractors. Sec. 326. Report on electronic waste. Sec. 327. Promoting STEM education to meet the future workforce needs of the intelligence community. Sec. 328. Repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence. Sec. 329. Repeal or modification of certain reporting requirements. TITLE IV—Matters relating to elements of the intelligence community Subtitle A—National Security Agency Sec. 401. Appointment of the Director of the National Security Agency. Sec. 402. Appointment of the Inspector General of the National Security Agency. Sec. 403. Effective date and applicability. Subtitle B—National Reconnaissance Office Sec. 411. Appointment of the Director of the National Reconnaissance Office. Sec. 412. Appointment of the Inspector General of the National Reconnaissance Office. Sec. 413. Effective date and applicability. Subtitle C—Central Intelligence Agency Sec. 421. Gifts, devises, and bequests. TITLE V—Security clearance reform Sec. 501. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information. Sec. 502. Requirements for intelligence community contractors. Sec. 503. Technology improvements to security clearance processing. Sec. 504. Report on reciprocity of security clearances. Sec. 505. Improving the periodic reinvestigation process. Sec. 506. Appropriate committees of Congress defined. TITLE VI—Intelligence community whistleblower protections Sec. 601. Protection of intelligence community whistleblowers. Sec. 602. Review of security clearance or access determinations. Sec. 603. Revisions of other laws. Sec. 604. Policies and procedures; nonapplicability to certain terminations. TITLE VII—Technical amendments Sec. 701. Technical amendments to the Central Intelligence Agency Act of 1949. Sec. 702. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions. Sec. 703. 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 means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Intelligence community The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). 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 S. 1681 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases The Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 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) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 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 $528,229,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2015. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 855 positions 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. 202. CIARDS and FERS special retirement credit for service on detail to another agency (a) In general Section 203(b) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2013(b) ) is amended— (1) in the matter preceding paragraph (1), by striking service in the Agency performed and inserting service performed by an Agency employee ; and (2) in paragraph (1), by striking Agency activities and inserting intelligence activities . (b) Application The amendment made by subsection (a) shall be applied to retired or deceased officers of the Central Intelligence Agency who were designated at any time under section 203 of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2013 ) prior to the date of the enactment of this Act. III General provisions A General matters 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. Specific authorization of funding for High Performance Computing Center 2 Funds appropriated for the construction of the High Performance Computing Center 2 (HPCC 2), as described in the table entitled Consolidated Cryptologic Program (CCP) in the classified annex to accompany the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ; 127 Stat. 198), in excess of the amount specified for such activity in the tables in the classified annex prepared to accompany the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2468) shall be specifically authorized by Congress for the purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ). 304. 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)(A) of the National Security Act of 1947 ( 50 U.S.C. 3033(g)(3)(A) ) is amended by striking undertaken; and inserting undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); . 305. Functional managers for the intelligence community (a) Functional managers authorized Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ) is amended by inserting after section 103I the following new section: 103J. Functional managers for the intelligence community (a) Functional managers authorized The Director of National Intelligence may establish within the intelligence community one or more positions of manager of an intelligence function. Any position so established may be known as the Functional Manager of the intelligence function concerned. (b) Personnel The Director shall designate individuals to serve as manager of intelligence functions established under subsection (a) from among officers and employees of elements of the intelligence community. (c) Duties Each manager of an intelligence function established under subsection (a) shall have the duties as follows: (1) To act as principal advisor to the Director on the intelligence function. (2) To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 103I the following new item: Sec. 103J. Functional managers for the intelligence community. . 306. Annual assessment of intelligence community performance by function (a) Annual assessments required Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by inserting after section 506I the following new section: 506J. Annual assessment of intelligence community performance by function (a) In general Not later than April 1, 2016, and each year thereafter, the Director of National Intelligence shall, in consultation with the Functional Managers, submit to the congressional intelligence committees a report on covered intelligence functions during the preceding year. (b) Elements Each report under subsection (a) shall include for each covered intelligence function for the year covered by such report the following: (1) An identification of the capabilities, programs, and activities of such intelligence function, regardless of the element of the intelligence community that carried out such capabilities, programs, and activities. (2) A description of the investment and allocation of resources for such intelligence function, including an analysis of the allocation of resources within the context of the National Intelligence Strategy, priorities for recipients of resources, and areas of risk. (3) A description and assessment of the performance of such intelligence function. (4) An identification of any issues related to the application of technical interoperability standards in the capabilities, programs, and activities of such intelligence function. (5) An identification of the operational overlap or need for de-confliction, if any, within such intelligence function. (6) A description of any efforts to integrate such intelligence function with other intelligence disciplines as part of an integrated intelligence enterprise. (7) A description of any efforts to establish consistency in tradecraft and training within such intelligence function. (8) A description and assessment of developments in technology that bear on the future of such intelligence function. (9) Such other matters relating to such intelligence function as the Director may specify for purposes of this section. (c) Definitions In this section: (1) The term covered intelligence functions means each intelligence function for which a Functional Manager has been established under section 103J during the year covered by a report under this section. (2) The term Functional Manager means the manager of an intelligence function established under section 103J. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 506I the following new item: Sec. 506J. Annual assessment of intelligence community performance by function. . 307. Software licensing (a) In general Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ) is amended by inserting after section 108 the following new section: 109. Software licensing (a) Requirement for inventories of software licenses The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall biennially— (1) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses; (2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage; and (3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2). (b) Inventories by the Chief Information Officer of the Intelligence Community The Chief Information Officer of the Intelligence Community, based on the inventories and assessments required by subsection (a), shall biennially— (1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses; and (2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage. (c) Reports to Congress The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1). . (b) Initial inventory (1) Intelligence community elements (A) Date Not later than 120 days after the date of the enactment of this Act, the chief information officer of each element of the intelligence community shall complete the initial inventory, assessment, and submission required under section 109(a) of the National Security Act of 1947, as added by subsection (a) of this section. (B) Basis The initial inventory conducted for each element of the intelligence community under section 109(a)(1) of the National Security Act of 1947, as added by subsection (a) of this section, shall be based on the inventory of software licenses conducted pursuant to section 305 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2472) for such element. (2) Chief Information Officer of the Intelligence Community Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Intelligence Community shall complete the initial compilation and assessment required under section 109(b) of the National Security Act of 1947, as added by subsection (a). (c) Table of contents amendments The table of contents in the first section of the National Security Act of 1947 is amended— (1) by striking the second item relating to section 104 (relating to Annual national security strategy report); and (2) inserting after the item relating to section 108 the following new item: Sec. 109. Software licensing. . 308. Plans to respond to unauthorized public disclosures of covert actions Section 503 of the National Security Act of 1947 ( 50 U.S.C. 3093 ) is amended by adding at the end the following new subsection: (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. . 309. Auditability (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by adding at the end the following new section: 509. Auditability of certain elements of the intelligence community (a) Requirement for annual audits The head of each covered entity shall ensure that there is a full financial audit of such covered entity each year beginning with fiscal year 2014. Such audits may be conducted by an internal or external independent accounting or auditing organization. (b) Requirement for unqualified opinion Beginning as early as practicable, but in no event later than the audit required under subsection (a) for fiscal year 2016, the head of each covered entity shall take all reasonable steps necessary to ensure that each audit required under subsection (a) contains an unqualified opinion on the financial statements of such covered entity for the fiscal year covered by such audit. (c) Reports to Congress The chief financial officer of each covered entity shall provide to the congressional intelligence committees an annual audit report from an accounting or auditing organization on each audit of the covered entity conducted pursuant to subsection (a). (d) Covered entity defined In this section, the term covered entity means the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 508 the following new item: Sec. 509. Auditability of certain elements of the intelligence community. . 310. Reports of fraud, waste, and abuse Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended in paragraph (1)— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (2) by inserting after subparagraph (A) the following: (B) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General of the Intelligence Community. ; and (3) in subparagraph (D), as redesignated by paragraph (1)— (A) by striking Act or section 17 and inserting Act, section 17 ; and (B) by striking the period at the end and inserting , or section 103H(k) of the National Security Act of 1947 ( 50 U.S.C. 3033(k) ). . 311. Public Interest Declassification Board Section 710(b) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 ; 50 U.S.C. 3161 note) is amended by striking 2014. and inserting 2018. . 312. 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 intelligence analysis and operations coordination activities for official representation items in support of the Coast Guard Attaché Program. 313. 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— (A) complete a declassification review of documents collected in Abbottabad, Pakistan, during the mission that killed Osama bin Laden on May 1, 2011; and (B) make publicly available any information declassified as a result of the declassification review required under paragraph (1); and (2) 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. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program Notwithstanding any other provision of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act. The merger shall go into effect no earlier than 30 days after written notification of the merger is provided to the congressional intelligence committees. B Reporting 321. Significant interpretations of law concerning intelligence activities (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ), as added by section 309 of this Act, is further amended by adding at the end the following new section: 510. Significant interpretations of law concerning intelligence activities (a) Notification Except as provided in subsection (c) and to the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the General Counsel of each element of the intelligence community shall notify the congressional intelligence committees, in writing, of any significant legal interpretation of the United States Constitution or Federal law affecting intelligence activities conducted by such element by not later than 30 days after the date of the commencement of any intelligence activity pursuant to such interpretation. (b) Content Each notification under subsection (a) shall provide a summary of the significant legal interpretation and the intelligence activity or activities conducted pursuant to such interpretation. (c) Exceptions A notification under subsection (a) shall not be required for a significant legal interpretation if— (1) notice of the significant legal interpretation was previously provided to the congressional intelligence committees under subsection (a); or (2) the significant legal interpretation was made before the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014 . (d) Limited access for covert action If the President determines that it is essential to limit access to a covert action finding under section 503(c)(2), the President may limit access to information concerning such finding that is subject to notification under this section to those members of Congress who have been granted access to the relevant finding under section 503(c)(2). . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 509, as so added, the following new item: Sec. 510. Significant interpretations of law concerning intelligence activities. . 322. Review for official publication of opinions of the Office of Legal Counsel of the Department of Justice concerning intelligence activities (a) Process for review for official publication Not later than 180 days after the date of the enactment of this Act, the Attorney General shall, in coordination with the Director of National Intelligence, establish a process for the regular review for official publication of significant opinions of the Office of Legal Counsel of the Department of Justice that have been provided to an element of the intelligence community. (b) Factors The process of review of opinions established under subsection (a) shall include consideration of the following: (1) The potential importance of an opinion to other agencies or officials in the Executive branch. (2) The likelihood that similar questions addressed in an opinion may arise in the future. (3) The historical importance of an opinion or the context in which it arose. (4) The potential significance of an opinion to the overall jurisprudence of the Office of Legal Counsel. (5) Such other factors as the Attorney General and the Director of National Intelligence consider appropriate. (c) Presumption The process of review established under subsection (a) shall apply a presumption that significant opinions of the Office of Legal Counsel should be published when practicable, consistent with national security and other confidentiality considerations. (d) Construction Nothing in this section shall require the official publication of any opinion of the Office of Legal Counsel, including publication under any circumstance as follows: (1) When publication would reveal classified or other sensitive information relating to national security. (2) When publication could reasonably be anticipated to interfere with Federal law enforcement efforts or is prohibited by law. (3) When publication would conflict with preserving internal Executive branch deliberative processes or protecting other information properly subject to privilege. (e) Requirement To provide classified opinions to Congress (1) In general Any opinion of the Office of Legal Counsel that would have been selected for publication under the process of review established under subsection (a) but for the fact that publication would reveal classified or other sensitive information relating to national security shall be provided or made available to the appropriate committees of Congress. (2) Exception for covert action If the President determines that it is essential to limit access to a covert action finding under section 503(c)(2) of the National Security Act of 1947 (50 U.S.C. 3093(c)(2)), the President may limit access to information concerning such finding that would otherwise be provided or made available under this subsection to those members of Congress who have been granted access to such finding under such section 503(c)(2). (f) Judicial review The determination whether an opinion of the Office of Legal Counsel is appropriate for official publication under the process of review established under subsection (a) is discretionary and is not subject to judicial review. 323. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations (a) In general Whenever the head of an applicable agency submits a plan to the Director of the Office of Management and Budget in accordance with section 124 of Office of Management and Budget Circular A–11, pertaining to agency operations in the absence of appropriations, or any successor circular of the Office that requires the head of an applicable agency to submit to the Director a plan for an orderly shutdown in the event of the absence of appropriations, such head shall submit a copy of such plan to the following: (1) The congressional intelligence committees. (2) The Subcommittee on Defense of the Committee on Appropriations of the Senate. (3) The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (4) In the case of a plan for an element of the intelligence community that is within the Department of Defense, to— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (b) Head of an applicable agency defined In this section, the term head of an applicable agency includes the following: (1) The Director of National Intelligence. (2) The Director of the Central Intelligence Agency. (3) Each head of each element of the intelligence community that is within the Department of Defense. 324. Reports on chemical weapons in Syria (a) In general Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the Syrian chemical weapons program. (b) Elements The report required under subsection (a) shall include the following elements: (1) A comprehensive assessment of chemical weapon stockpiles in Syria, including names, types, and quantities of chemical weapons agents, types of munitions, and location and form of storage, production, and research and development facilities. (2) A listing of key personnel associated with the Syrian chemical weapons program. (3) An assessment of undeclared chemical weapons stockpiles, munitions, and facilities. (4) An assessment of how these stockpiles, precursors, and delivery systems were obtained. (5) A description of key intelligence gaps related to the Syrian chemical weapons program. (6) An assessment of any denial and deception efforts on the part of the Syrian regime related to its chemical weapons program. (c) Progress reports Every 90 days until the date that is 18 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a progress report providing any material updates to the report required under subsection (a). 325. Reports to the intelligence community on penetrations of networks and information systems of certain contractors (a) Procedures for reporting penetrations The Director of National Intelligence shall establish procedures that require each cleared intelligence contractor to report to an element of the intelligence community designated by the Director for purposes of such procedures when a network or information system of such contractor that meets the criteria established pursuant to subsection (b) is successfully penetrated. (b) Networks and information systems subject to reporting The Director of National Intelligence shall, in consultation with appropriate officials, establish criteria for covered networks to be subject to the procedures for reporting system penetrations under subsection (a). (c) Procedure requirements (1) Rapid reporting The procedures established pursuant to subsection (a) shall require each cleared intelligence contractor to rapidly report to an element of the intelligence community designated pursuant to subsection (a) of each successful penetration of the network or information systems of such contractor that meet the criteria established pursuant to subsection (b). Each such report shall include the following: (A) A description of the technique or method used in such penetration. (B) A sample of the malicious software, if discovered and isolated by the contractor, involved in such penetration. (C) A summary of information created by or for such element in connection with any program of such element that has been potentially compromised due to such penetration. (2) Access to equipment and information by intelligence community personnel The procedures established pursuant to subsection (a) shall— (A) include mechanisms for intelligence community personnel to, upon request, obtain access to equipment or information of a cleared intelligence contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor; (B) provide that a cleared intelligence contractor is only required to provide access to equipment or information as described in subparagraph (A) 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 a network or information system of such contractor and, if so, what information was exfiltrated; and (C) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person (other than the name of the suspected perpetrator of the penetration). (3) Limitation on dissemination of certain information The procedures established pursuant to subsection (a) shall prohibit the dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community except— (A) with the approval of the contractor providing such information; (B) to the congressional intelligence committees or the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate for such committees and such Subcommittees to perform oversight; or (C) to law enforcement agencies to investigate a penetration reported under this section. (d) Issuance of procedures and establishment of criteria (1) In general Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall establish the procedures required under subsection (a) and the criteria required under subsection (b). (2) Applicability date The requirements of this section shall apply on the date on which the Director of National Intelligence establishes the procedures required under this section. (e) Coordination with the Secretary of Defense To prevent duplicate reporting Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall establish procedures to permit a contractor that is a cleared intelligence contractor and a cleared defense contractor under section 941 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. 2224 note) to submit a single report that satisfies the requirements of this section and such section 941 for an incident of penetration of network or information system. (f) Definitions In this section: (1) Cleared intelligence contractor The term cleared intelligence contractor means a private entity granted clearance by the Director of National Intelligence 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. (2) Covered network The term covered network means a network or information system of a cleared intelligence contractor 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. (g) Savings clauses Nothing in this section shall be construed to alter or limit any otherwise authorized access by government personnel to networks or information systems owned or operated by a contractor that processes or stores government data. 326. 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 issued in May 2013. Such report shall include an assessment of the extent to which the policies, standards, and guidelines of the intelligence community governing the proper disposal of electronic waste are applicable to covered commercial electronic waste that may contain classified information. (b) Definitions In this section: (1) Covered commercial electronic waste The term covered commercial electronic waste means electronic waste of a commercial entity that contracts with an element of the intelligence community. (2) Electronic waste The term electronic waste includes any obsolete, broken, or irreparable electronic device, including a television, copier, facsimile machine, tablet, telephone, computer, computer monitor, laptop, printer, scanner, and associated electrical wiring. 327. Promoting STEM education to meet the future workforce needs of the intelligence community (a) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Secretary of Education and the congressional intelligence committees a report describing the anticipated hiring needs of the intelligence community in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy. The report shall— (1) describe the extent to which competitions, challenges, or internships at elements of the intelligence community that do not involve access to classified information may be utilized to promote education in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy, within high schools or institutions of higher education in the United States; (2) include cost estimates for carrying out such competitions, challenges, or internships; and (3) include strategies for conducting expedited security clearance investigations and adjudications for students at institutions of higher education for purposes of offering internships at elements of the intelligence community. (b) Consideration of existing programs In developing the report under subsection (a), the Director shall take into consideration 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 mean a school that awards a secondary school diploma. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 328. Repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence Section 504 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2477) is amended by striking subsection (e). 329. Repeal or modification of certain reporting requirements (a) Repeal of reporting requirements (1) 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 ) is amended by striking subsection (b). (2) Treaty on Conventional Armed Forces in Europe Section 2(5)(E) of the Senate resolution advising and consenting to ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe (CFE) of November 19, 1990, adopted at Vienna May 31, 1996 (Treaty Doc. 105–5) (commonly referred to as the CFE Flank Document ), 105th Congress, agreed to May 14, 1997, is repealed. (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 ) is amended to read as follows: (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) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act. . (2) Intelligence information sharing Section 102A(g)(4) of the National Security Act of 1947 ( 50 U.S.C. 3024(g)(4) ) is amended to read as follows: (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. . (3) Intelligence community business system transformation Section 506D(j) of the National Security Act of 1947 ( 50 U.S.C. 3100(j) ) is amended in the matter preceding paragraph (1) by striking 2015 and inserting 2014 . (4) Activities of privacy and civil liberties officers Section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(f)(1)) is amended in the matter preceding subparagraph (A) by striking quarterly and inserting semiannually . (c) Conforming amendments The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended— (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) Annual Report on Hiring and Retention of Minority Employees.— ; (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) and inserting subparagraphs (A) and (B) ; (E) in subsection (d) (as redesignated by subparagraph (C) of this paragraph), by striking subsection and inserting section ; and (F) in subsection (e) (as redesignated by subparagraph (C) of this paragraph)— (i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and (ii) by striking subsection, and inserting section ; and (3) in section 507 ( 50 U.S.C. 3106 )— (A) in subsection (a)— (i) by striking (1) The date and inserting The date ; (ii) by striking subsection (c)(1)(A) and inserting 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 and inserting Except ; and (ii) by striking subparagraph (B); and (C) in subsection (d)(1)— (i) in subparagraph (A)— (I) by striking subsection (a)(1) and inserting subsection (a) ; and (II) by inserting and after March 1; ; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B). IV Matters relating to elements of the intelligence community A National Security Agency 401. Appointment of the Director of the National Security Agency (a) Director of the National Security Agency Section 2 of the National Security Agency Act of 1959 ( 50 U.S.C. 3602 ) is amended— (1) by inserting (b) before There ; and (2) by inserting before subsection (b), as so designated by paragraph (1), the following: (a) (1) There is a Director of the National Security Agency. (2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate. (3) The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this Act or otherwise by law or executive order. . (b) Position of importance and responsibility (1) In general The President may designate the Director of the National Security Agency as a position of importance and responsibility under section 601 of title 10, United States Code. (2) Effective date Paragraph (1) shall take effect on the date of the enactment of this Act. 402. Appointment of the Inspector General of the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G(a)(2), by striking the National Security Agency, ; and (2) in section 12— (A) in paragraph (1), by striking or the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; and inserting the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; the Director of the National Security Agency; ; and (B) in paragraph (2), by striking or the Commissions established under section 15301 of title 40, United States Code, and inserting the Commissions established under section 15301 of title 40, United States Code, the National Security Agency, . 403. Effective date and applicability (a) In general Except as otherwise specifically provided, the amendments made by sections 401 and 402 shall take effect on October 1, 2014, and shall apply upon the earlier of— (1) in the case of section 401— (A) the date of the first nomination by the President of an individual to serve as the Director of the National Security Agency that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Director of the National Security Agency by the individual performing such duties on October 1, 2014; and (2) in the case of section 402— (A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Security Agency that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Inspector General of the National Security Agency by the individual performing such duties on October 1, 2014. (b) Exception for initial nominations Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Security Agency or the Inspector General of the National Security Agency on the date that the President first nominates an individual for such position on or after October 1, 2014, may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. (c) Incumbent Inspector General The individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate. B National Reconnaissance Office 411. Appointment of the Director of the National Reconnaissance Office (a) In general The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended by adding after section 106 the following: 106A. Director of the National Reconnaissance Office (a) In general There is a Director of the National Reconnaissance Office. (b) Appointment The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions and duties The Director of the National Reconnaissance Office shall be the head of the National Reconnaissance Office and shall discharge such functions and duties as are provided by this Act or otherwise by law or executive order. . (b) Position of importance and responsibility (1) In general The President may designate the Director of the National Reconnaissance Office as a position of importance and responsibility under section 601 of title 10, United States Code. (2) Effective date Paragraph (1) shall take effect on the date of the enactment of this Act. (c) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by inserting after the item relating to section 106 the following: Sec. 106A. Director of the National Reconnaissance Office. . 412. Appointment of the Inspector General of the National Reconnaissance Office The Inspector General Act of 1978 (5 U.S.C. App.)— (1) in section 8G(a)(2), as amended by section 402, is further amended by striking the National Reconnaissance Office, ; and (2) in section 12, as amended by section 402, is further amended— (A) in paragraph (1), by inserting or the Director of the National Reconnaissance Office; before as the case may be; ; and (B) in paragraph (2), by inserting or the National Reconnaissance Office, before as the case may be; . 413. Effective date and applicability (a) In general The amendments made by sections 411 and 412 shall take effect on October 1, 2014, and shall apply upon the earlier of— (1) in the case of section 411— (A) the date of the first nomination by the President of an individual to serve as the Director of the National Reconnaissance Office that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Director of the National Reconnaissance Office by the individual performing such duties on October 1, 2014; and (2) in the case of section 412— (A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Reconnaissance Office that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Inspector General of the National Reconnaissance Office by the individual performing such duties on October 1, 2014. (b) Exception for initial nominations Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Reconnaissance Office or the Inspector General of the National Reconnaissance Office on the date that the President first nominates an individual for such position on or after October 1, 2014, may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. (c) Incumbent Inspector General The individual serving as Inspector General of the National Reconnaissance Office on the date of the enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate. C Central Intelligence Agency 421. Gifts, devises, and bequests Section 12 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3512 ) is amended— (1) by striking the section heading and inserting Gifts, devises, and bequests ; (2) in subsection (a)(2)— (A) by inserting by the Director as a gift to the Agency after accepted ; and (B) by striking this section and inserting this subsection ; (3) in subsection (b), by striking this section, and inserting subsection (a), ; (4) in subsection (c), by striking this section, and inserting subsection (a), ; (5) in subsection (d), by striking this section and inserting subsection (a) ; (6) by redesignating subsection (f) as subsection (g); and (7) by inserting after subsection (e) the following: (f) (1) The Director may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support to surviving family members of deceased Agency employees or that otherwise provide support for the welfare, education, or recreation of Agency employees, former Agency employees, or their family members. (2) In this subsection, the term fundraising means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means. . V Security clearance reform 501. 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) ) is amended— (1) in the heading, by striking Sensitive Compartmented Information and inserting Classified Information ; (2) in paragraph (3), by striking ; and and inserting a semicolon; (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. . 502. Requirements for intelligence community contractors (a) Requirements Section 102A of the National Security Act of 1947 ( 50 U.S.C. 3024 ) is amended by adding at the end the following new subsection: (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. 503. Technology improvements to security clearance processing (a) In general The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall conduct an analysis of the relative costs and benefits of potential improvements to the process for investigating persons who are proposed for access to classified information and adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information. (b) Contents of analysis In conducting the analysis required by subsection (a), the Director of National Intelligence shall evaluate the costs and benefits associated with— (1) the elimination of manual processes in security clearance investigations and adjudications, if possible, and automating and integrating the elements of the investigation process, including— (A) the clearance application process; (B) case management; (C) adjudication management; (D) investigation methods for the collection, analysis, storage, retrieval, and transfer of data and records; and (E) records management for access and eligibility determinations; (2) the elimination or reduction, if possible, of the use of databases and information sources that cannot be accessed and processed automatically electronically, or modification of such databases and information sources, to enable electronic access and processing; (3) the use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations; (4) the standardization of forms used for routine reporting required of cleared personnel (such as travel, foreign contacts, and financial disclosures) and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events; (5) the establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof; (6) using digitally processed fingerprints, as a substitute for ink or paper prints, to reduce error rates and improve portability of data; (7) expanding the use of technology to improve an applicant’s ability to discover the status of a pending security clearance application or reinvestigation; and (8) using government and publicly available commercial data sources, including social media, that provide independent information pertinent to adjudication guidelines to improve quality and timeliness, and reduce costs, of investigations and reinvestigations. (c) Report to Congress Not later than 6 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on the analysis required by subsection (a). 504. Report on reciprocity of security clearances The head of the entity selected pursuant to section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b) ) shall submit to the appropriate committees of Congress a report each year through 2017 that describes for the preceding year— (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; (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is accepted by another agency; (3) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is not accepted by another agency; and (4) such other information or recommendations as the head of the entity selected pursuant to such section 3001(b) considers appropriate. 505. Improving the periodic reinvestigation process (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter until December 31, 2017, the Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall transmit to the appropriate committees of Congress a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program. (b) Contents The plan required by subsection (a) shall include— (1) an analysis of the costs and benefits associated with conducting periodic reinvestigations; (2) an analysis of the costs and benefits associated with replacing some or all periodic reinvestigations with a program of continuous evaluation; (3) a determination of how many risk-based and ad hoc periodic reinvestigations are necessary on an annual basis for each component of the Federal Government with employees with security clearances; (4) an analysis of the potential benefits of expanding the Government's use of continuous evaluation tools as a means of improving the effectiveness and efficiency of procedures for confirming the eligibility of personnel for continued access to classified information; and (5) an analysis of how many personnel with out-of-scope background investigations are employed by, or contracted or detailed to, each element of the intelligence community. (c) Periodic reinvestigations defined In this section, the term periodic reinvestigations has the meaning given that term in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a) ). 506. Appropriate committees of Congress defined In this title, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (3) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives. VI Intelligence community whistleblower protections 601. Protection of intelligence community whistleblowers (a) In general Title XI of the National Security Act of 1947 ( 50 U.S.C. 3231 et seq. ) is amended by adding at the end the following new section: 1104. Prohibited personnel practices in the intelligence community (a) Definitions In this section: (1) Agency The term agency means an executive department or independent establishment, as defined under sections 101 and 104 of title 5, United States Code, that contains an intelligence community element, except the Federal Bureau of Investigation. (2) Covered intelligence community element The term covered intelligence community element — (A) means— (i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and (B) does not include the Federal Bureau of Investigation. (3) Personnel action The term personnel action means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character)— (A) an appointment; (B) a promotion; (C) a disciplinary or corrective action; (D) a detail, transfer, or reassignment; (E) a demotion, suspension, or termination; (F) a reinstatement or restoration; (G) a performance evaluation; (H) a decision concerning pay, benefits, or awards; (I) a decision concerning education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation; or (J) any other significant change in duties, responsibilities, or working conditions. (b) In general Any employee of an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to any employee of a covered intelligence community element as a reprisal for a lawful disclosure of information by the employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, the head of the employing agency (or an employee designated by the head of that agency for such purpose), the appropriate inspector general of the employing agency, a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably believes evidences— (1) a violation of any Federal law, rule, or regulation; or (2) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (c) Enforcement The President shall provide for the enforcement of this section. (d) Existing rights preserved Nothing in this section shall be construed to— (1) preempt or preclude any employee, or applicant for employment, at the Federal Bureau of Investigation from exercising rights provided under any other law, rule, or regulation, including section 2303 of title 5, United States Code; or (2) repeal section 2303 of title 5, United States Code. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by adding at the end the following new item: Sec. 1104. Prohibited personnel practices in the intelligence community. . 602. Review of security clearance or access determinations (a) General responsibility (1) In general Section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b) ) is amended— (A) in the matter preceding paragraph (1), by striking Not and inserting Except as otherwise provided, not ; (B) in paragraph (5), by striking and after the semicolon; (C) in paragraph (6), by striking the period at the end and inserting ; and ; and (D) by inserting after paragraph (6) the following: (7) not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014 — (A) developing policies and procedures that permit, to the extent practicable, individuals to appeal a determination to suspend or revoke a security clearance or access to classified information and to retain their government employment status while such challenge is pending; and (B) developing and implementing uniform and consistent policies and procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information, including the ability to appeal such a denial, suspension, or revocation, except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts no longer than 1 year or the head of the agency or a designee of the head of the agency certifies that a longer suspension is needed before a final decision on denial or revocation to prevent imminent harm to the national security. . (2) Required elements of policies and procedures The policies and procedures for appeal developed under paragraph (7) of section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, as added by subsection (a), shall provide for the Inspector General of the Intelligence Community, or the inspector general of the employing agency, to conduct fact-finding and report to the agency head or the designee of the agency head within 180 days unless the employee and the agency agree to an extension or the investigating inspector general determines in writing that a greater period of time is required. To the fullest extent possible, such fact-finding shall include an opportunity for the employee to present relevant evidence such as witness testimony. (b) Retaliatory revocation of security clearances and access determinations Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) is amended by adding at the end the following: (j) Retaliatory revocation of security clearances and access determinations (1) In general Agency personnel with authority over personnel security clearance or access determinations shall not take or fail to take, or threaten to take or fail to take, any action with respect to any employee's security clearance or access determination in retaliation for— (A) any lawful disclosure of information to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose) or the head of the employing agency (or employee designated by the head of that agency for such purpose) by an employee that the employee reasonably believes evidences— (i) a violation of any Federal law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (B) any lawful disclosure to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee reasonably believes evidences— (i) a violation of any Federal law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (C) any lawful disclosure that complies with— (i) subsections (a)(1), (d), and (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); (ii) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ); or (iii) subparagraphs (A), (D), and (I) of section 103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)); and (D) if the actions do not result in the employee or applicant unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with— (i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (ii) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or (iii) cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. (2) Rule of construction Consistent with the protection of sources and methods, nothing in paragraph (1) shall be construed to authorize the withholding of information from Congress or the taking of any personnel action against an employee who lawfully discloses information to Congress. (3) Disclosures (A) In general A disclosure shall not be excluded from paragraph (1) because— (i) the disclosure was made to a person, including a supervisor, who participated in an activity that the employee reasonably believed to be covered by paragraph (1)(A)(ii); (ii) the disclosure revealed information that had been previously disclosed; (iii) the disclosure was not made in writing; (iv) the disclosure was made while the employee was off duty; or (v) of the amount of time which has passed since the occurrence of the events described in the disclosure. (B) Reprisals If a disclosure is made during the normal course of duties of an employee, the disclosure shall not be excluded from paragraph (1) if any employee who has authority to take, direct others to take, recommend, or approve any personnel action with respect to the employee making the disclosure, took, failed to take, or threatened to take or fail to take a personnel action with respect to that employee in reprisal for the disclosure. (4) Agency adjudication (A) Remedial procedure An employee or former employee who believes that he or she has been subjected to a reprisal prohibited by paragraph (1) may, within 90 days after the issuance of notice of such decision, appeal that decision within the agency of that employee or former employee through proceedings authorized by subsection (b)(7), except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts not longer than 1 year (or a longer period in accordance with a certification made under subsection (b)(7)). (B) Corrective action If, in the course of proceedings authorized under subparagraph (A), it is determined that the adverse security clearance or access determination violated paragraph (1), the agency shall take specific corrective action to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the violation not occurred. Such corrective action may include back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000. (C) Contributing factor In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual, unless the agency demonstrates by a preponderance of the evidence that it would have taken the same action in the absence of such disclosure, giving the utmost deference to the agency’s assessment of the particular threat to the national security interests of the United States in the instant matter. (5) Appellate review of security clearance access determinations by Director of National Intelligence (A) Appeal Within 60 days after receiving notice of an adverse final agency determination under a proceeding under paragraph (4), an employee or former employee may appeal that determination in accordance with the procedures established under subparagraph (B). (B) Policies and procedures The Director of National Intelligence, in consultation with the Attorney General and the Secretary of Defense, shall develop and implement policies and procedures for adjudicating the appeals authorized by subparagraph (A). (C) Congressional notification Consistent with the protection of sources and methods, at the time the Director of National Intelligence issues an order regarding an appeal pursuant to the policies and procedures established by this paragraph, the Director of National Intelligence shall notify the congressional intelligence committees. (6) Judicial review Nothing in this section shall be construed to permit or require judicial review of any— (A) agency action under this section; or (B) action of the appellate review procedures established under paragraph (5). (7) Private cause of action Nothing in this section shall be construed to permit, authorize, or require a private cause of action to challenge the merits of a security clearance determination. . (c) Access determination defined Section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a) ) is amended by adding at the end the following: (9) Access determination The term access determination means the determination regarding whether an employee— (A) is eligible for access to classified information in accordance with Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with industry), or any successor thereto; and (B) possesses a need to know under such an Order. . (d) Existing rights preserved Nothing in this section or the amendments made by this section shall be construed to preempt, preclude, or otherwise prevent an individual from exercising rights, remedies, or avenues of redress currently provided under any other law, regulation, or rule. (e) Rule of construction Nothing in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by this title, shall be construed to require the repeal or replacement of agency appeal procedures implementing Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with industry), or any successor thereto, that meet the requirements of paragraph (7) of section 3001(b) of such Act, as added by this section. 603. Revisions of other laws (a) Inspector General Act of 1978 Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (b)— (A) by inserting (1) after (b) ; and (B) by adding at the end the following: (2) If the head of an establishment determines that a complaint or information transmitted under paragraph (1) would create a conflict of interest for the head of the establishment, the head of the establishment shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence and, if the establishment is within the Department of Defense, to the Secretary of Defense. In such a case, the requirements of this section for the head of the establishment apply to each recipient of the Inspector General’s transmission. ; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following: (h) An individual who has submitted a complaint or information to an Inspector General under this section may notify any member of the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, of the fact that such individual has made a submission to that particular Inspector General, and of the date on which such submission was made. . (b) Central Intelligence Agency Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ) is amended— (1) in subparagraph (B)— (A) by inserting (i) after (B) ; and (B) by adding at the end the following: (ii) If the Director determines that a complaint or information transmitted under paragraph (1) would create a conflict of interest for the Director, the Director shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence. In such a case, the requirements of this subsection for the Director of the Central Intelligence Agency apply to the Director of National Intelligence ; and (2) by adding at the end the following: (H) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made. . (c) National Security Act of 1947 Section 103H(k)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5) ) is amended by adding at the end the following: (I) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of either of the congressional intelligence committees, or a staff member of either of such committees, of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made. . 604. Policies and procedures; nonapplicability to certain terminations (a) Covered intelligence community element defined In this section, the term covered intelligence community element — (1) means— (A) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (B) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and (2) does not include the Federal Bureau of Investigation. (b) Regulations In consultation with the Secretary of Defense, the Director of National Intelligence shall develop policies and procedures to ensure that a personnel action shall not be taken against an employee of a covered intelligence community element as a reprisal for any disclosure of information described in 1104 of the National Security Act of 1947, as added by section 601 of this Act. (c) Report on the status of implementation of regulations Not later than 2 years after the date of the enactment of this Act, the Director of National Intelligence shall submit a report on the status of the implementation of the regulations promulgated under subsection (b) to the congressional intelligence committees. (d) Nonapplicability to certain terminations Section 1104 of the National Security Act of 1947, as added by section 601 of this Act, and section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by section 602 of this Act, shall not apply if— (1) the affected employee is concurrently terminated under— (A) section 1609 of title 10, United States Code; (B) the authority of the Director of National Intelligence under section 102A(m) of the National Security Act of 1947 ( 50 U.S.C. 3024(m) ), if the Director determines that the termination is in the interest of the United States; (C) the authority of the Director of the Central Intelligence Agency under section 104A(e) of the National Security Act of 1947 ( 50 U.S.C. 3036(e) ), if the Director determines that the termination is in the interest of the United States; or (D) section 7532 of title 5, United States Code, if the head of the agency determines that the termination is in the interest of the United States; and (2) not later than 30 days after such termination, the head of the agency that employed the affected employee notifies the congressional intelligence committees of the termination. VII Technical amendments 701. 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 ) is amended— (1) in subsection (b)(1)(D), by striking section (a) and inserting subsection (a) ; and (2) in subsection (c)(2)(E), by striking provider. and inserting provider . 702. 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) ) is amended— (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, . 703. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013 (a) Amendments Section 506 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2478) is amended— (1) by striking Section 606(5) and inserting Paragraph (5) of section 605 ; and (2) by inserting , as redesignated by section 310(a)(4)(B) of this Act, before 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 ).

Speaker of the House of Representatives Vice President of the United States and President of the Senate

tv_txt: 113th CONGRESS 2d Session S. 1681 IN THE SENATE OF THE UNITED STATES AN ACT To authorize appropriations for fiscal year 2014 for intelligence and intelligence-related activities of the United States Government and the Office of the Director of National Intelligence, 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. Sec. 202. CIARDS and FERS special retirement credit for service on detail to another agency. TITLE III—General provisions Subtitle A—General matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Specific authorization of funding for High Performance Computing Center 2. Sec. 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community. Sec. 305. Functional managers for the intelligence community. Sec. 306. Annual assessment of intelligence community performance by function. Sec. 307. Software licensing. Sec. 308. Plans to respond to unauthorized public disclosures of covert actions. Sec. 309. Auditability. Sec. 310. Reports of fraud, waste, and abuse. Sec. 311. Public Interest Declassification Board. Sec. 312. Official representation items in support of the Coast Guard Attaché Program. Sec. 313. Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1, 2011. Sec. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program. Subtitle B—Reporting Sec. 321. Significant interpretations of law concerning intelligence activities. Sec. 322. Review for official publication of opinions of the Office of Legal Counsel of the Department of Justice concerning intelligence activities. Sec. 323. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations. Sec. 324. Reports on chemical weapons in Syria. Sec. 325. Reports to the intelligence community on penetrations of networks and information systems of certain contractors. Sec. 326. Report on electronic waste. Sec. 327. Promoting STEM education to meet the future workforce needs of the intelligence community. Sec. 328. Repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence. Sec. 329. Repeal or modification of certain reporting requirements. TITLE IV—Matters relating to elements of the intelligence community Subtitle A—National Security Agency Sec. 401. Appointment of the Director of the National Security Agency. Sec. 402. Appointment of the Inspector General of the National Security Agency. Sec. 403. Effective date and applicability. Subtitle B—National Reconnaissance Office Sec. 411. Appointment of the Director of the National Reconnaissance Office. Sec. 412. Appointment of the Inspector General of the National Reconnaissance Office. Sec. 413. Effective date and applicability. Subtitle C—Central Intelligence Agency Sec. 421. Gifts, devises, and bequests. TITLE V—Security clearance reform Sec. 501. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information. Sec. 502. Requirements for intelligence community contractors. Sec. 503. Technology improvements to security clearance processing. Sec. 504. Report on reciprocity of security clearances. Sec. 505. Improving the periodic reinvestigation process. Sec. 506. Appropriate committees of Congress defined. TITLE VI—Intelligence community whistleblower protections Sec. 601. Protection of intelligence community whistleblowers. Sec. 602. Review of security clearance or access determinations. Sec. 603. Revisions of other laws. Sec. 604. Policies and procedures; nonapplicability to certain terminations. TITLE VII—Technical amendments Sec. 701. Technical amendments to the Central Intelligence Agency Act of 1949. Sec. 702. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions. Sec. 703. 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 means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Intelligence community The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). 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 S. 1681 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases The Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 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) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 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 $528,229,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2015. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 855 positions 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. 202. CIARDS and FERS special retirement credit for service on detail to another agency (a) In general Section 203(b) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2013(b) ) is amended— (1) in the matter preceding paragraph (1), by striking service in the Agency performed and inserting service performed by an Agency employee ; and (2) in paragraph (1), by striking Agency activities and inserting intelligence activities . (b) Application The amendment made by subsection (a) shall be applied to retired or deceased officers of the Central Intelligence Agency who were designated at any time under section 203 of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2013 ) prior to the date of the enactment of this Act. III General provisions A General matters 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. Specific authorization of funding for High Performance Computing Center 2 Funds appropriated for the construction of the High Performance Computing Center 2 (HPCC 2), as described in the table entitled Consolidated Cryptologic Program (CCP) in the classified annex to accompany the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ; 127 Stat. 198), in excess of the amount specified for such activity in the tables in the classified annex prepared to accompany the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2468) shall be specifically authorized by Congress for the purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ). 304. 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)(A) of the National Security Act of 1947 ( 50 U.S.C. 3033(g)(3)(A) ) is amended by striking undertaken; and inserting undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); . 305. Functional managers for the intelligence community (a) Functional managers authorized Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ) is amended by inserting after section 103I the following new section: 103J. Functional managers for the intelligence community (a) Functional managers authorized The Director of National Intelligence may establish within the intelligence community one or more positions of manager of an intelligence function. Any position so established may be known as the Functional Manager of the intelligence function concerned. (b) Personnel The Director shall designate individuals to serve as manager of intelligence functions established under subsection (a) from among officers and employees of elements of the intelligence community. (c) Duties Each manager of an intelligence function established under subsection (a) shall have the duties as follows: (1) To act as principal advisor to the Director on the intelligence function. (2) To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 103I the following new item: Sec. 103J. Functional managers for the intelligence community. . 306. Annual assessment of intelligence community performance by function (a) Annual assessments required Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by inserting after section 506I the following new section: 506J. Annual assessment of intelligence community performance by function (a) In general Not later than April 1, 2016, and each year thereafter, the Director of National Intelligence shall, in consultation with the Functional Managers, submit to the congressional intelligence committees a report on covered intelligence functions during the preceding year. (b) Elements Each report under subsection (a) shall include for each covered intelligence function for the year covered by such report the following: (1) An identification of the capabilities, programs, and activities of such intelligence function, regardless of the element of the intelligence community that carried out such capabilities, programs, and activities. (2) A description of the investment and allocation of resources for such intelligence function, including an analysis of the allocation of resources within the context of the National Intelligence Strategy, priorities for recipients of resources, and areas of risk. (3) A description and assessment of the performance of such intelligence function. (4) An identification of any issues related to the application of technical interoperability standards in the capabilities, programs, and activities of such intelligence function. (5) An identification of the operational overlap or need for de-confliction, if any, within such intelligence function. (6) A description of any efforts to integrate such intelligence function with other intelligence disciplines as part of an integrated intelligence enterprise. (7) A description of any efforts to establish consistency in tradecraft and training within such intelligence function. (8) A description and assessment of developments in technology that bear on the future of such intelligence function. (9) Such other matters relating to such intelligence function as the Director may specify for purposes of this section. (c) Definitions In this section: (1) The term covered intelligence functions means each intelligence function for which a Functional Manager has been established under section 103J during the year covered by a report under this section. (2) The term Functional Manager means the manager of an intelligence function established under section 103J. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 506I the following new item: Sec. 506J. Annual assessment of intelligence community performance by function. . 307. Software licensing (a) In general Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ) is amended by inserting after section 108 the following new section: 109. Software licensing (a) Requirement for inventories of software licenses The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall biennially— (1) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses; (2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage; and (3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2). (b) Inventories by the Chief Information Officer of the Intelligence Community The Chief Information Officer of the Intelligence Community, based on the inventories and assessments required by subsection (a), shall biennially— (1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses; and (2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage. (c) Reports to Congress The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1). . (b) Initial inventory (1) Intelligence community elements (A) Date Not later than 120 days after the date of the enactment of this Act, the chief information officer of each element of the intelligence community shall complete the initial inventory, assessment, and submission required under section 109(a) of the National Security Act of 1947, as added by subsection (a) of this section. (B) Basis The initial inventory conducted for each element of the intelligence community under section 109(a)(1) of the National Security Act of 1947, as added by subsection (a) of this section, shall be based on the inventory of software licenses conducted pursuant to section 305 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2472) for such element. (2) Chief Information Officer of the Intelligence Community Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Intelligence Community shall complete the initial compilation and assessment required under section 109(b) of the National Security Act of 1947, as added by subsection (a). (c) Table of contents amendments The table of contents in the first section of the National Security Act of 1947 is amended— (1) by striking the second item relating to section 104 (relating to Annual national security strategy report); and (2) inserting after the item relating to section 108 the following new item: Sec. 109. Software licensing. . 308. Plans to respond to unauthorized public disclosures of covert actions Section 503 of the National Security Act of 1947 ( 50 U.S.C. 3093 ) is amended by adding at the end the following new subsection: (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. . 309. Auditability (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by adding at the end the following new section: 509. Auditability of certain elements of the intelligence community (a) Requirement for annual audits The head of each covered entity shall ensure that there is a full financial audit of such covered entity each year beginning with fiscal year 2014. Such audits may be conducted by an internal or external independent accounting or auditing organization. (b) Requirement for unqualified opinion Beginning as early as practicable, but in no event later than the audit required under subsection (a) for fiscal year 2016, the head of each covered entity shall take all reasonable steps necessary to ensure that each audit required under subsection (a) contains an unqualified opinion on the financial statements of such covered entity for the fiscal year covered by such audit. (c) Reports to Congress The chief financial officer of each covered entity shall provide to the congressional intelligence committees an annual audit report from an accounting or auditing organization on each audit of the covered entity conducted pursuant to subsection (a). (d) Covered entity defined In this section, the term covered entity means the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 508 the following new item: Sec. 509. Auditability of certain elements of the intelligence community. . 310. Reports of fraud, waste, and abuse Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended in paragraph (1)— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (2) by inserting after subparagraph (A) the following: (B) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General of the Intelligence Community. ; and (3) in subparagraph (D), as redesignated by paragraph (1)— (A) by striking Act or section 17 and inserting Act, section 17 ; and (B) by striking the period at the end and inserting , or section 103H(k) of the National Security Act of 1947 ( 50 U.S.C. 3033(k) ). . 311. Public Interest Declassification Board Section 710(b) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 ; 50 U.S.C. 3161 note) is amended by striking 2014. and inserting 2018. . 312. 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 intelligence analysis and operations coordination activities for official representation items in support of the Coast Guard Attaché Program. 313. 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— (A) complete a declassification review of documents collected in Abbottabad, Pakistan, during the mission that killed Osama bin Laden on May 1, 2011; and (B) make publicly available any information declassified as a result of the declassification review required under paragraph (1); and (2) 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. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program Notwithstanding any other provision of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act. The merger shall go into effect no earlier than 30 days after written notification of the merger is provided to the congressional intelligence committees. B Reporting 321. Significant interpretations of law concerning intelligence activities (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ), as added by section 309 of this Act, is further amended by adding at the end the following new section: 510. Significant interpretations of law concerning intelligence activities (a) Notification Except as provided in subsection (c) and to the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the General Counsel of each element of the intelligence community shall notify the congressional intelligence committees, in writing, of any significant legal interpretation of the United States Constitution or Federal law affecting intelligence activities conducted by such element by not later than 30 days after the date of the commencement of any intelligence activity pursuant to such interpretation. (b) Content Each notification under subsection (a) shall provide a summary of the significant legal interpretation and the intelligence activity or activities conducted pursuant to such interpretation. (c) Exceptions A notification under subsection (a) shall not be required for a significant legal interpretation if— (1) notice of the significant legal interpretation was previously provided to the congressional intelligence committees under subsection (a); or (2) the significant legal interpretation was made before the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014 . (d) Limited access for covert action If the President determines that it is essential to limit access to a covert action finding under section 503(c)(2), the President may limit access to information concerning such finding that is subject to notification under this section to those members of Congress who have been granted access to the relevant finding under section 503(c)(2). . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 509, as so added, the following new item: Sec. 510. Significant interpretations of law concerning intelligence activities. . 322. Review for official publication of opinions of the Office of Legal Counsel of the Department of Justice concerning intelligence activities (a) Process for review for official publication Not later than 180 days after the date of the enactment of this Act, the Attorney General shall, in coordination with the Director of National Intelligence, establish a process for the regular review for official publication of significant opinions of the Office of Legal Counsel of the Department of Justice that have been provided to an element of the intelligence community. (b) Factors The process of review of opinions established under subsection (a) shall include consideration of the following: (1) The potential importance of an opinion to other agencies or officials in the Executive branch. (2) The likelihood that similar questions addressed in an opinion may arise in the future. (3) The historical importance of an opinion or the context in which it arose. (4) The potential significance of an opinion to the overall jurisprudence of the Office of Legal Counsel. (5) Such other factors as the Attorney General and the Director of National Intelligence consider appropriate. (c) Presumption The process of review established under subsection (a) shall apply a presumption that significant opinions of the Office of Legal Counsel should be published when practicable, consistent with national security and other confidentiality considerations. (d) Construction Nothing in this section shall require the official publication of any opinion of the Office of Legal Counsel, including publication under any circumstance as follows: (1) When publication would reveal classified or other sensitive information relating to national security. (2) When publication could reasonably be anticipated to interfere with Federal law enforcement efforts or is prohibited by law. (3) When publication would conflict with preserving internal Executive branch deliberative processes or protecting other information properly subject to privilege. (e) Requirement To provide classified opinions to Congress (1) In general Any opinion of the Office of Legal Counsel that would have been selected for publication under the process of review established under subsection (a) but for the fact that publication would reveal classified or other sensitive information relating to national security shall be provided or made available to the appropriate committees of Congress. (2) Exception for covert action If the President determines that it is essential to limit access to a covert action finding under section 503(c)(2) of the National Security Act of 1947 (50 U.S.C. 3093(c)(2)), the President may limit access to information concerning such finding that would otherwise be provided or made available under this subsection to those members of Congress who have been granted access to such finding under such section 503(c)(2). (f) Judicial review The determination whether an opinion of the Office of Legal Counsel is appropriate for official publication under the process of review established under subsection (a) is discretionary and is not subject to judicial review. 323. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations (a) In general Whenever the head of an applicable agency submits a plan to the Director of the Office of Management and Budget in accordance with section 124 of Office of Management and Budget Circular A–11, pertaining to agency operations in the absence of appropriations, or any successor circular of the Office that requires the head of an applicable agency to submit to the Director a plan for an orderly shutdown in the event of the absence of appropriations, such head shall submit a copy of such plan to the following: (1) The congressional intelligence committees. (2) The Subcommittee on Defense of the Committee on Appropriations of the Senate. (3) The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (4) In the case of a plan for an element of the intelligence community that is within the Department of Defense, to— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (b) Head of an applicable agency defined In this section, the term head of an applicable agency includes the following: (1) The Director of National Intelligence. (2) The Director of the Central Intelligence Agency. (3) Each head of each element of the intelligence community that is within the Department of Defense. 324. Reports on chemical weapons in Syria (a) In general Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the Syrian chemical weapons program. (b) Elements The report required under subsection (a) shall include the following elements: (1) A comprehensive assessment of chemical weapon stockpiles in Syria, including names, types, and quantities of chemical weapons agents, types of munitions, and location and form of storage, production, and research and development facilities. (2) A listing of key personnel associated with the Syrian chemical weapons program. (3) An assessment of undeclared chemical weapons stockpiles, munitions, and facilities. (4) An assessment of how these stockpiles, precursors, and delivery systems were obtained. (5) A description of key intelligence gaps related to the Syrian chemical weapons program. (6) An assessment of any denial and deception efforts on the part of the Syrian regime related to its chemical weapons program. (c) Progress reports Every 90 days until the date that is 18 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a progress report providing any material updates to the report required under subsection (a). 325. Reports to the intelligence community on penetrations of networks and information systems of certain contractors (a) Procedures for reporting penetrations The Director of National Intelligence shall establish procedures that require each cleared intelligence contractor to report to an element of the intelligence community designated by the Director for purposes of such procedures when a network or information system of such contractor that meets the criteria established pursuant to subsection (b) is successfully penetrated. (b) Networks and information systems subject to reporting The Director of National Intelligence shall, in consultation with appropriate officials, establish criteria for covered networks to be subject to the procedures for reporting system penetrations under subsection (a). (c) Procedure requirements (1) Rapid reporting The procedures established pursuant to subsection (a) shall require each cleared intelligence contractor to rapidly report to an element of the intelligence community designated pursuant to subsection (a) of each successful penetration of the network or information systems of such contractor that meet the criteria established pursuant to subsection (b). Each such report shall include the following: (A) A description of the technique or method used in such penetration. (B) A sample of the malicious software, if discovered and isolated by the contractor, involved in such penetration. (C) A summary of information created by or for such element in connection with any program of such element that has been potentially compromised due to such penetration. (2) Access to equipment and information by intelligence community personnel The procedures established pursuant to subsection (a) shall— (A) include mechanisms for intelligence community personnel to, upon request, obtain access to equipment or information of a cleared intelligence contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor; (B) provide that a cleared intelligence contractor is only required to provide access to equipment or information as described in subparagraph (A) 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 a network or information system of such contractor and, if so, what information was exfiltrated; and (C) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person (other than the name of the suspected perpetrator of the penetration). (3) Limitation on dissemination of certain information The procedures established pursuant to subsection (a) shall prohibit the dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community except— (A) with the approval of the contractor providing such information; (B) to the congressional intelligence committees or the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate for such committees and such Subcommittees to perform oversight; or (C) to law enforcement agencies to investigate a penetration reported under this section. (d) Issuance of procedures and establishment of criteria (1) In general Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall establish the procedures required under subsection (a) and the criteria required under subsection (b). (2) Applicability date The requirements of this section shall apply on the date on which the Director of National Intelligence establishes the procedures required under this section. (e) Coordination with the Secretary of Defense To prevent duplicate reporting Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall establish procedures to permit a contractor that is a cleared intelligence contractor and a cleared defense contractor under section 941 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. 2224 note) to submit a single report that satisfies the requirements of this section and such section 941 for an incident of penetration of network or information system. (f) Definitions In this section: (1) Cleared intelligence contractor The term cleared intelligence contractor means a private entity granted clearance by the Director of National Intelligence 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. (2) Covered network The term covered network means a network or information system of a cleared intelligence contractor 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. (g) Savings clauses Nothing in this section shall be construed to alter or limit any otherwise authorized access by government personnel to networks or information systems owned or operated by a contractor that processes or stores government data. 326. 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 issued in May 2013. Such report shall include an assessment of the extent to which the policies, standards, and guidelines of the intelligence community governing the proper disposal of electronic waste are applicable to covered commercial electronic waste that may contain classified information. (b) Definitions In this section: (1) Covered commercial electronic waste The term covered commercial electronic waste means electronic waste of a commercial entity that contracts with an element of the intelligence community. (2) Electronic waste The term electronic waste includes any obsolete, broken, or irreparable electronic device, including a television, copier, facsimile machine, tablet, telephone, computer, computer monitor, laptop, printer, scanner, and associated electrical wiring. 327. Promoting STEM education to meet the future workforce needs of the intelligence community (a) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Secretary of Education and the congressional intelligence committees a report describing the anticipated hiring needs of the intelligence community in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy. The report shall— (1) describe the extent to which competitions, challenges, or internships at elements of the intelligence community that do not involve access to classified information may be utilized to promote education in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy, within high schools or institutions of higher education in the United States; (2) include cost estimates for carrying out such competitions, challenges, or internships; and (3) include strategies for conducting expedited security clearance investigations and adjudications for students at institutions of higher education for purposes of offering internships at elements of the intelligence community. (b) Consideration of existing programs In developing the report under subsection (a), the Director shall take into consideration 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 mean a school that awards a secondary school diploma. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 328. Repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence Section 504 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2477) is amended by striking subsection (e). 329. Repeal or modification of certain reporting requirements (a) Repeal of reporting requirements (1) 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 ) is amended by striking subsection (b). (2) Treaty on Conventional Armed Forces in Europe Section 2(5)(E) of the Senate resolution advising and consenting to ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe (CFE) of November 19, 1990, adopted at Vienna May 31, 1996 (Treaty Doc. 105–5) (commonly referred to as the CFE Flank Document ), 105th Congress, agreed to May 14, 1997, is repealed. (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 ) is amended to read as follows: (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) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act. . (2) Intelligence information sharing Section 102A(g)(4) of the National Security Act of 1947 ( 50 U.S.C. 3024(g)(4) ) is amended to read as follows: (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. . (3) Intelligence community business system transformation Section 506D(j) of the National Security Act of 1947 ( 50 U.S.C. 3100(j) ) is amended in the matter preceding paragraph (1) by striking 2015 and inserting 2014 . (4) Activities of privacy and civil liberties officers Section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(f)(1)) is amended in the matter preceding subparagraph (A) by striking quarterly and inserting semiannually . (c) Conforming amendments The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended— (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) Annual Report on Hiring and Retention of Minority Employees.— ; (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) and inserting subparagraphs (A) and (B) ; (E) in subsection (d) (as redesignated by subparagraph (C) of this paragraph), by striking subsection and inserting section ; and (F) in subsection (e) (as redesignated by subparagraph (C) of this paragraph)— (i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and (ii) by striking subsection, and inserting section ; and (3) in section 507 ( 50 U.S.C. 3106 )— (A) in subsection (a)— (i) by striking (1) The date and inserting The date ; (ii) by striking subsection (c)(1)(A) and inserting 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 and inserting Except ; and (ii) by striking subparagraph (B); and (C) in subsection (d)(1)— (i) in subparagraph (A)— (I) by striking subsection (a)(1) and inserting subsection (a) ; and (II) by inserting and after March 1; ; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B). IV Matters relating to elements of the intelligence community A National Security Agency 401. Appointment of the Director of the National Security Agency (a) Director of the National Security Agency Section 2 of the National Security Agency Act of 1959 ( 50 U.S.C. 3602 ) is amended— (1) by inserting (b) before There ; and (2) by inserting before subsection (b), as so designated by paragraph (1), the following: (a) (1) There is a Director of the National Security Agency. (2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate. (3) The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this Act or otherwise by law or executive order. . (b) Position of importance and responsibility (1) In general The President may designate the Director of the National Security Agency as a position of importance and responsibility under section 601 of title 10, United States Code. (2) Effective date Paragraph (1) shall take effect on the date of the enactment of this Act. 402. Appointment of the Inspector General of the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G(a)(2), by striking the National Security Agency, ; and (2) in section 12— (A) in paragraph (1), by striking or the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; and inserting the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; the Director of the National Security Agency; ; and (B) in paragraph (2), by striking or the Commissions established under section 15301 of title 40, United States Code, and inserting the Commissions established under section 15301 of title 40, United States Code, the National Security Agency, . 403. Effective date and applicability (a) In general Except as otherwise specifically provided, the amendments made by sections 401 and 402 shall take effect on October 1, 2014, and shall apply upon the earlier of— (1) in the case of section 401— (A) the date of the first nomination by the President of an individual to serve as the Director of the National Security Agency that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Director of the National Security Agency by the individual performing such duties on October 1, 2014; and (2) in the case of section 402— (A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Security Agency that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Inspector General of the National Security Agency by the individual performing such duties on October 1, 2014. (b) Exception for initial nominations Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Security Agency or the Inspector General of the National Security Agency on the date that the President first nominates an individual for such position on or after October 1, 2014, may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. (c) Incumbent Inspector General The individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate. B National Reconnaissance Office 411. Appointment of the Director of the National Reconnaissance Office (a) In general The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended by adding after section 106 the following: 106A. Director of the National Reconnaissance Office (a) In general There is a Director of the National Reconnaissance Office. (b) Appointment The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate. (c) Functions and duties The Director of the National Reconnaissance Office shall be the head of the National Reconnaissance Office and shall discharge such functions and duties as are provided by this Act or otherwise by law or executive order. . (b) Position of importance and responsibility (1) In general The President may designate the Director of the National Reconnaissance Office as a position of importance and responsibility under section 601 of title 10, United States Code. (2) Effective date Paragraph (1) shall take effect on the date of the enactment of this Act. (c) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by inserting after the item relating to section 106 the following: Sec. 106A. Director of the National Reconnaissance Office. . 412. Appointment of the Inspector General of the National Reconnaissance Office The Inspector General Act of 1978 (5 U.S.C. App.)— (1) in section 8G(a)(2), as amended by section 402, is further amended by striking the National Reconnaissance Office, ; and (2) in section 12, as amended by section 402, is further amended— (A) in paragraph (1), by inserting or the Director of the National Reconnaissance Office; before as the case may be; ; and (B) in paragraph (2), by inserting or the National Reconnaissance Office, before as the case may be; . 413. Effective date and applicability (a) In general The amendments made by sections 411 and 412 shall take effect on October 1, 2014, and shall apply upon the earlier of— (1) in the case of section 411— (A) the date of the first nomination by the President of an individual to serve as the Director of the National Reconnaissance Office that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Director of the National Reconnaissance Office by the individual performing such duties on October 1, 2014; and (2) in the case of section 412— (A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Reconnaissance Office that occurs on or after October 1, 2014; or (B) the date of the cessation of the performance of the duties of the Inspector General of the National Reconnaissance Office by the individual performing such duties on October 1, 2014. (b) Exception for initial nominations Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Reconnaissance Office or the Inspector General of the National Reconnaissance Office on the date that the President first nominates an individual for such position on or after October 1, 2014, may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position. (c) Incumbent Inspector General The individual serving as Inspector General of the National Reconnaissance Office on the date of the enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate. C Central Intelligence Agency 421. Gifts, devises, and bequests Section 12 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3512 ) is amended— (1) by striking the section heading and inserting Gifts, devises, and bequests ; (2) in subsection (a)(2)— (A) by inserting by the Director as a gift to the Agency after accepted ; and (B) by striking this section and inserting this subsection ; (3) in subsection (b), by striking this section, and inserting subsection (a), ; (4) in subsection (c), by striking this section, and inserting subsection (a), ; (5) in subsection (d), by striking this section and inserting subsection (a) ; (6) by redesignating subsection (f) as subsection (g); and (7) by inserting after subsection (e) the following: (f) (1) The Director may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support to surviving family members of deceased Agency employees or that otherwise provide support for the welfare, education, or recreation of Agency employees, former Agency employees, or their family members. (2) In this subsection, the term fundraising means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means. . V Security clearance reform 501. 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) ) is amended— (1) in the heading, by striking Sensitive Compartmented Information and inserting Classified Information ; (2) in paragraph (3), by striking ; and and inserting a semicolon; (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. . 502. Requirements for intelligence community contractors (a) Requirements Section 102A of the National Security Act of 1947 ( 50 U.S.C. 3024 ) is amended by adding at the end the following new subsection: (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. 503. Technology improvements to security clearance processing (a) In general The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall conduct an analysis of the relative costs and benefits of potential improvements to the process for investigating persons who are proposed for access to classified information and adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information. (b) Contents of analysis In conducting the analysis required by subsection (a), the Director of National Intelligence shall evaluate the costs and benefits associated with— (1) the elimination of manual processes in security clearance investigations and adjudications, if possible, and automating and integrating the elements of the investigation process, including— (A) the clearance application process; (B) case management; (C) adjudication management; (D) investigation methods for the collection, analysis, storage, retrieval, and transfer of data and records; and (E) records management for access and eligibility determinations; (2) the elimination or reduction, if possible, of the use of databases and information sources that cannot be accessed and processed automatically electronically, or modification of such databases and information sources, to enable electronic access and processing; (3) the use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations; (4) the standardization of forms used for routine reporting required of cleared personnel (such as travel, foreign contacts, and financial disclosures) and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events; (5) the establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof; (6) using digitally processed fingerprints, as a substitute for ink or paper prints, to reduce error rates and improve portability of data; (7) expanding the use of technology to improve an applicant’s ability to discover the status of a pending security clearance application or reinvestigation; and (8) using government and publicly available commercial data sources, including social media, that provide independent information pertinent to adjudication guidelines to improve quality and timeliness, and reduce costs, of investigations and reinvestigations. (c) Report to Congress Not later than 6 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on the analysis required by subsection (a). 504. Report on reciprocity of security clearances The head of the entity selected pursuant to section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b) ) shall submit to the appropriate committees of Congress a report each year through 2017 that describes for the preceding year— (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; (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is accepted by another agency; (3) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is not accepted by another agency; and (4) such other information or recommendations as the head of the entity selected pursuant to such section 3001(b) considers appropriate. 505. Improving the periodic reinvestigation process (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter until December 31, 2017, the Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall transmit to the appropriate committees of Congress a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program. (b) Contents The plan required by subsection (a) shall include— (1) an analysis of the costs and benefits associated with conducting periodic reinvestigations; (2) an analysis of the costs and benefits associated with replacing some or all periodic reinvestigations with a program of continuous evaluation; (3) a determination of how many risk-based and ad hoc periodic reinvestigations are necessary on an annual basis for each component of the Federal Government with employees with security clearances; (4) an analysis of the potential benefits of expanding the Government's use of continuous evaluation tools as a means of improving the effectiveness and efficiency of procedures for confirming the eligibility of personnel for continued access to classified information; and (5) an analysis of how many personnel with out-of-scope background investigations are employed by, or contracted or detailed to, each element of the intelligence community. (c) Periodic reinvestigations defined In this section, the term periodic reinvestigations has the meaning given that term in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a) ). 506. Appropriate committees of Congress defined In this title, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (3) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives. VI Intelligence community whistleblower protections 601. Protection of intelligence community whistleblowers (a) In general Title XI of the National Security Act of 1947 ( 50 U.S.C. 3231 et seq. ) is amended by adding at the end the following new section: 1104. Prohibited personnel practices in the intelligence community (a) Definitions In this section: (1) Agency The term agency means an executive department or independent establishment, as defined under sections 101 and 104 of title 5, United States Code, that contains an intelligence community element, except the Federal Bureau of Investigation. (2) Covered intelligence community element The term covered intelligence community element — (A) means— (i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and (B) does not include the Federal Bureau of Investigation. (3) Personnel action The term personnel action means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character)— (A) an appointment; (B) a promotion; (C) a disciplinary or corrective action; (D) a detail, transfer, or reassignment; (E) a demotion, suspension, or termination; (F) a reinstatement or restoration; (G) a performance evaluation; (H) a decision concerning pay, benefits, or awards; (I) a decision concerning education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation; or (J) any other significant change in duties, responsibilities, or working conditions. (b) In general Any employee of an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to any employee of a covered intelligence community element as a reprisal for a lawful disclosure of information by the employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, the head of the employing agency (or an employee designated by the head of that agency for such purpose), the appropriate inspector general of the employing agency, a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably believes evidences— (1) a violation of any Federal law, rule, or regulation; or (2) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (c) Enforcement The President shall provide for the enforcement of this section. (d) Existing rights preserved Nothing in this section shall be construed to— (1) preempt or preclude any employee, or applicant for employment, at the Federal Bureau of Investigation from exercising rights provided under any other law, rule, or regulation, including section 2303 of title 5, United States Code; or (2) repeal section 2303 of title 5, United States Code. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by adding at the end the following new item: Sec. 1104. Prohibited personnel practices in the intelligence community. . 602. Review of security clearance or access determinations (a) General responsibility (1) In general Section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b) ) is amended— (A) in the matter preceding paragraph (1), by striking Not and inserting Except as otherwise provided, not ; (B) in paragraph (5), by striking and after the semicolon; (C) in paragraph (6), by striking the period at the end and inserting ; and ; and (D) by inserting after paragraph (6) the following: (7) not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014 — (A) developing policies and procedures that permit, to the extent practicable, individuals to appeal a determination to suspend or revoke a security clearance or access to classified information and to retain their government employment status while such challenge is pending; and (B) developing and implementing uniform and consistent policies and procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information, including the ability to appeal such a denial, suspension, or revocation, except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts no longer than 1 year or the head of the agency or a designee of the head of the agency certifies that a longer suspension is needed before a final decision on denial or revocation to prevent imminent harm to the national security. . (2) Required elements of policies and procedures The policies and procedures for appeal developed under paragraph (7) of section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, as added by subsection (a), shall provide for the Inspector General of the Intelligence Community, or the inspector general of the employing agency, to conduct fact-finding and report to the agency head or the designee of the agency head within 180 days unless the employee and the agency agree to an extension or the investigating inspector general determines in writing that a greater period of time is required. To the fullest extent possible, such fact-finding shall include an opportunity for the employee to present relevant evidence such as witness testimony. (b) Retaliatory revocation of security clearances and access determinations Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) is amended by adding at the end the following: (j) Retaliatory revocation of security clearances and access determinations (1) In general Agency personnel with authority over personnel security clearance or access determinations shall not take or fail to take, or threaten to take or fail to take, any action with respect to any employee's security clearance or access determination in retaliation for— (A) any lawful disclosure of information to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose) or the head of the employing agency (or employee designated by the head of that agency for such purpose) by an employee that the employee reasonably believes evidences— (i) a violation of any Federal law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (B) any lawful disclosure to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee reasonably believes evidences— (i) a violation of any Federal law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (C) any lawful disclosure that complies with— (i) subsections (a)(1), (d), and (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); (ii) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ); or (iii) subparagraphs (A), (D), and (I) of section 103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)); and (D) if the actions do not result in the employee or applicant unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with— (i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (ii) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or (iii) cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. (2) Rule of construction Consistent with the protection of sources and methods, nothing in paragraph (1) shall be construed to authorize the withholding of information from Congress or the taking of any personnel action against an employee who lawfully discloses information to Congress. (3) Disclosures (A) In general A disclosure shall not be excluded from paragraph (1) because— (i) the disclosure was made to a person, including a supervisor, who participated in an activity that the employee reasonably believed to be covered by paragraph (1)(A)(ii); (ii) the disclosure revealed information that had been previously disclosed; (iii) the disclosure was not made in writing; (iv) the disclosure was made while the employee was off duty; or (v) of the amount of time which has passed since the occurrence of the events described in the disclosure. (B) Reprisals If a disclosure is made during the normal course of duties of an employee, the disclosure shall not be excluded from paragraph (1) if any employee who has authority to take, direct others to take, recommend, or approve any personnel action with respect to the employee making the disclosure, took, failed to take, or threatened to take or fail to take a personnel action with respect to that employee in reprisal for the disclosure. (4) Agency adjudication (A) Remedial procedure An employee or former employee who believes that he or she has been subjected to a reprisal prohibited by paragraph (1) may, within 90 days after the issuance of notice of such decision, appeal that decision within the agency of that employee or former employee through proceedings authorized by subsection (b)(7), except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts not longer than 1 year (or a longer period in accordance with a certification made under subsection (b)(7)). (B) Corrective action If, in the course of proceedings authorized under subparagraph (A), it is determined that the adverse security clearance or access determination violated paragraph (1), the agency shall take specific corrective action to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the violation not occurred. Such corrective action may include back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000. (C) Contributing factor In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual, unless the agency demonstrates by a preponderance of the evidence that it would have taken the same action in the absence of such disclosure, giving the utmost deference to the agency’s assessment of the particular threat to the national security interests of the United States in the instant matter. (5) Appellate review of security clearance access determinations by Director of National Intelligence (A) Appeal Within 60 days after receiving notice of an adverse final agency determination under a proceeding under paragraph (4), an employee or former employee may appeal that determination in accordance with the procedures established under subparagraph (B). (B) Policies and procedures The Director of National Intelligence, in consultation with the Attorney General and the Secretary of Defense, shall develop and implement policies and procedures for adjudicating the appeals authorized by subparagraph (A). (C) Congressional notification Consistent with the protection of sources and methods, at the time the Director of National Intelligence issues an order regarding an appeal pursuant to the policies and procedures established by this paragraph, the Director of National Intelligence shall notify the congressional intelligence committees. (6) Judicial review Nothing in this section shall be construed to permit or require judicial review of any— (A) agency action under this section; or (B) action of the appellate review procedures established under paragraph (5). (7) Private cause of action Nothing in this section shall be construed to permit, authorize, or require a private cause of action to challenge the merits of a security clearance determination. . (c) Access determination defined Section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a) ) is amended by adding at the end the following: (9) Access determination The term access determination means the determination regarding whether an employee— (A) is eligible for access to classified information in accordance with Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with industry), or any successor thereto; and (B) possesses a need to know under such an Order. . (d) Existing rights preserved Nothing in this section or the amendments made by this section shall be construed to preempt, preclude, or otherwise prevent an individual from exercising rights, remedies, or avenues of redress currently provided under any other law, regulation, or rule. (e) Rule of construction Nothing in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by this title, shall be construed to require the repeal or replacement of agency appeal procedures implementing Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information with industry), or any successor thereto, that meet the requirements of paragraph (7) of section 3001(b) of such Act, as added by this section. 603. Revisions of other laws (a) Inspector General Act of 1978 Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (b)— (A) by inserting (1) after (b) ; and (B) by adding at the end the following: (2) If the head of an establishment determines that a complaint or information transmitted under paragraph (1) would create a conflict of interest for the head of the establishment, the head of the establishment shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence and, if the establishment is within the Department of Defense, to the Secretary of Defense. In such a case, the requirements of this section for the head of the establishment apply to each recipient of the Inspector General’s transmission. ; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following: (h) An individual who has submitted a complaint or information to an Inspector General under this section may notify any member of the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, of the fact that such individual has made a submission to that particular Inspector General, and of the date on which such submission was made. . (b) Central Intelligence Agency Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ) is amended— (1) in subparagraph (B)— (A) by inserting (i) after (B) ; and (B) by adding at the end the following: (ii) If the Director determines that a complaint or information transmitted under paragraph (1) would create a conflict of interest for the Director, the Director shall return the complaint or information to the Inspector General with that determination and the Inspector General shall make the transmission to the Director of National Intelligence. In such a case, the requirements of this subsection for the Director of the Central Intelligence Agency apply to the Director of National Intelligence ; and (2) by adding at the end the following: (H) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made. . (c) National Security Act of 1947 Section 103H(k)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5) ) is amended by adding at the end the following: (I) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of either of the congressional intelligence committees, or a staff member of either of such committees, of the fact that such individual has made a submission to the Inspector General, and of the date on which such submission was made. . 604. Policies and procedures; nonapplicability to certain terminations (a) Covered intelligence community element defined In this section, the term covered intelligence community element — (1) means— (A) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (B) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and (2) does not include the Federal Bureau of Investigation. (b) Regulations In consultation with the Secretary of Defense, the Director of National Intelligence shall develop policies and procedures to ensure that a personnel action shall not be taken against an employee of a covered intelligence community element as a reprisal for any disclosure of information described in 1104 of the National Security Act of 1947, as added by section 601 of this Act. (c) Report on the status of implementation of regulations Not later than 2 years after the date of the enactment of this Act, the Director of National Intelligence shall submit a report on the status of the implementation of the regulations promulgated under subsection (b) to the congressional intelligence committees. (d) Nonapplicability to certain terminations Section 1104 of the National Security Act of 1947, as added by section 601 of this Act, and section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by section 602 of this Act, shall not apply if— (1) the affected employee is concurrently terminated under— (A) section 1609 of title 10, United States Code; (B) the authority of the Director of National Intelligence under section 102A(m) of the National Security Act of 1947 ( 50 U.S.C. 3024(m) ), if the Director determines that the termination is in the interest of the United States; (C) the authority of the Director of the Central Intelligence Agency under section 104A(e) of the National Security Act of 1947 ( 50 U.S.C. 3036(e) ), if the Director determines that the termination is in the interest of the United States; or (D) section 7532 of title 5, United States Code, if the head of the agency determines that the termination is in the interest of the United States; and (2) not later than 30 days after such termination, the head of the agency that employed the affected employee notifies the congressional intelligence committees of the termination. VII Technical amendments 701. 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 ) is amended— (1) in subsection (b)(1)(D), by striking section (a) and inserting subsection (a) ; and (2) in subsection (c)(2)(E), by striking provider. and inserting provider . 702. 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) ) is amended— (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, . 703. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013 (a) Amendments Section 506 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2478) is amended— (1) by striking Section 606(5) and inserting Paragraph (5) of section 605 ; and (2) by inserting , as redesignated by section 310(a)(4)(B) of this Act, before 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 ).

Passed the Senate June 11, 2014. Secretary