Intelligence Authorization Act for Fiscal Year 2015

Bill: 113-hr-4681
Sponsor: full_name: Rep. Rogers, Mike J. [R-MI-8]
Introduced: 2014-05-20
Policy area: Armed Forces and National Security
Subjects: Central Intelligence Agency (CIA)

Coast guard

Congressional oversight

Defense spending

Department of Defense

Department of Energy

Department of Homeland Security

Department of Justice

Department of State

Department of the Treasury

Director of National Intelligence

Drug Enforcement Administration (DEA)

Drug trafficking and controlled substances

Executive agency funding and structure

Federal Bureau of Investigation (FBI)

Government employee pay, benefits, personnel management

Government information and archives

Homeland security

Intelligence activities, surveillance, classified information

Law enforcement administration and funding

Military personnel and dependents

Research and development
Latest action: action_date: 2014-12-19
text: Became Public Law No: 113-293.

Summaries:
action_date: 2014-05-20
action_desc: Introduced in House
text: <p>Intelligence Authorization Act for Fiscal Years 2014 and 2015 - Authorizes FY2014-FY2015 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; (12) National Geospatial-Intelligence Agency; and (13) Department of Homeland Security (DHS).</p> <p>Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2014, and as of September 30, 2015, respectively, for such activities are those specified in the classified Schedule of Authorizations for FY2014 and FY2015, which shall be made available to the congressional appropriations committees and the President.</p> <p>Allows the DNI to authorize employment of civilian personnel in excess of the number authorized for FY2014 or FY2015 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>Authorizes appropriations for the Intelligence Community Management Account for FY2014 and FY2015, as well as for personnel positions for elements within such Account.</p> <p>Authorizes appropriations for FY2014 and FY2015 for the Central Intelligence Agency Retirement and Disability Fund.</p> <p>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>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>

action_date: 2014-05-27
action_desc: Reported to House with amendment(s)
text: <p>Intelligence Authorization Act for Fiscal Years 2014 and 2015 - <b>Title I: Intelligence Activities</b> - (Sec. 101) Authorizes FY2014-FY2015 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 (GNA); 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, and as of September 30, 2015, respectively, for such activities are those in the classified Schedule of Authorizations for FY2014 and FY2015, 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 or FY2015 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 and FY2015, 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 and FY2015 for the Central Intelligence Agency Retirement and Disability Fund.</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 [P.L. 113-6]) 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) 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. 311) 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>(Sec. 312) 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>(Sec. 313) Directs the DNI to carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program. <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. <p>(Sec. 322) 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>(Sec. 323) 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>(Sec. 324) 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>Defines &quot;cleared intelligence contractor&quot; 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>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>(Sec. 325) 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>(Sec. 326) 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>(Sec. 327) Directs the Under Secretary of Homeland Security for Intelligence and Analysis to report to Congress regarding the security of domestic oil refineries and related rail transportation infrastructure. <p>(Sec. 328) 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>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><b>Title IV: Matters Relating to Elements of the Intelligence Community</b> - (Sec. 401) 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>(Sec. 402) Amends the Inspector General Act of 1978 to require the President to appoint, with advice and consent of the Senate, the NSA Inspector General. (Currently, the NSA Inspector General is appointed by the NSA Director.) <p>Establishes a General Counsel to the NSA Inspector General, to be appointed by the NSA Inspector General. <p>Requires the General Counsel to prescribe professional rules of ethics and responsibilities for NSA employees, officers, and contractors. <p>Authorizes the NSA Inspector General, after providing the Attorney General with seven days' advance notice, to subpoena the attendance and testimony of former NSA employees or NSA contractors, former contractors, or former detailees. <p>Directs the NSA Inspector General to provide Congress with an evaluation of any notice or statement of reasons it receives from the DOD Secretary regarding the DOD Secretary's exercise of authority in the interest of national security to prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. <p>Requires the NSA Inspector General to: (1) submit such evaluations to Congress within seven days after receiving such notice or statement, and (2) expand a semiannual report to include a description of the instances in which the DOD Secretary prohibited such an audit or investigation. <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: 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: 2014-05-30
action_desc: Passed House amended
text: <p>Intelligence Authorization Act for Fiscal Years 2014 and 2015 - <b>Title I: Intelligence Activities</b> - (Sec. 101) Authorizes FY2014-FY2015 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, and as of September 30, 2015, respectively, for such activities are those in the classified Schedule of Authorizations for FY2014 and FY2015, 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 or FY2015 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 and FY2015, 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 and FY2015 for the Central Intelligence Agency Retirement and Disability Fund.</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 [P.L. 113-6]) 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>Directs the DNI, after receiving recommendations from the Chief Information Officer, to issue guidelines for the intelligence community on 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) Requires certain employees of elements of the intelligence community and officers or employees of Congress with access to sensitive compartmented information to notify their employer within three business days after they commence any negotiation for future employment or compensation with: (1) any person acting on behalf or under the supervision of a foreign government designated by the DNI as a significant counterintelligence threat to the United States; or (2) any entity owned or controlled by a foreign government so designated.</p> <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>(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>(Sec. 314) Directs the DNI to carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program. <p>(Sec. 315) Expands a grant program for historically black colleges and universities to include predominantly black institutions. <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, consistent with the need to preserve ongoing criminal investigations, to include any actions taken in response to such violations relating to intelligence activities that were: (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the DOJ for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community. <p>(Sec. 322) 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>(Sec. 323) 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>(Sec. 324) 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>Defines &quot;cleared intelligence contractor&quot; 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>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>(Sec. 325) 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>(Sec. 326) 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>(Sec. 327) Directs the Under Secretary of Homeland Security for Intelligence and Analysis to report to Congress regarding the security of domestic oil refineries and related rail transportation infrastructure. <p>(Sec. 328) 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>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>(Sec. 329) Requires the DNI to submit to Congress a report describing: (1) how to improve the declassification process across the intelligence community; and (2) what steps the intelligence community can take, or what legislation may be necessary, to enable the National Declassification Center to better accomplish its mission. <p>(Sec. 330) Requires the DNI to assess the reliance of intelligence activities on contractors to support government activities. <p>(Sec. 331) Directs the Under Secretary of Homeland Security for Intelligence and Analysis to submit to Congress an assessment of the efficacy of the memoranda of understanding signed between federal, state, local, tribal, and territorial agencies to facilitate intelligence-sharing within and separate from the Joint Terrorism Task Force. <p>(Sec. 332) Requires the DNI to report to Congress regarding the threat posed by man-made electromagnetic pulse weapons to U.S. interests through 2025, including threats from foreign countries and foreign non-state actors. <p>(Sec. 333) Directs the DNI to submit to Congress a comprehensive report on the U.S. counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, affiliated groups, associated groups, and adherents. Requires such report to include assessments of: (1) the strengthening or weakening of al-Qaeda and such groups and adherents from January 1, 2010, to the present; (2) whether an individual can be a member of a DNI-defined al-Qaeda core if such individual is not located in Afghanistan or Pakistan; (3) the coordination, command, and control between core al-Qaeda and such groups and adherents; and (4) whether counterterrorism operations have had a sustained impact. <p>Requires the DNI to define &quot;defeat of core al-Qaeda&quot; in such report. <p> (Sec. 334) Directs the DNI to submit to Congress recommendations for retraining veterans and retired members of elements of the intelligence community in cybersecurity. <p><b>Title IV: Matters Relating to Elements of the Intelligence Community</b> - (Sec. 401) 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>(Sec. 402) Amends the Inspector General Act of 1978 to require the President to appoint, with advice and consent of the Senate, the NSA Inspector General. (Currently, the NSA Inspector General is appointed by the NSA Director.) <p>Establishes a General Counsel to the NSA Inspector General, to be appointed by the NSA Inspector General. <p>Requires the General Counsel to prescribe professional rules of ethics and responsibilities for employees, officers, and contractors of the NSA Inspector General. <p>Authorizes the NSA Inspector General, after providing the Attorney General with seven days' advance notice, to subpoena the attendance and testimony of former NSA employees or NSA contractors, former contractors, or former detailees. <p>Directs the NSA Inspector General to provide Congress with an evaluation of any notice or statement of reasons it receives from the DOD Secretary regarding the DOD Secretary's exercise of authority in the interest of national security to prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. <p>Requires the NSA Inspector General to: (1) submit such evaluations to Congress within seven days after receiving such notice or statement, and (2) expand a semiannual report to include a description of the instances in which the DOD Secretary prohibited such an audit or investigation. <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: 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: 2014-12-09
action_desc: Passed Senate amended
text: <p>Intelligence Authorization Act for Fiscal Year 2015 - <b>Title I: Intelligence Activities</b> - (Sec. 101) Authorizes FY2015 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; (12) National Geospatial-Intelligence Agency; 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, 2015, for such activities are those in the classified Schedule of Authorizations, 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 FY2015 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 FY2015, 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 FY2015 for the Central Intelligence Agency Retirement and Disability Fund.</p> <p><b>Title III: General Provisions</b> -<b> Subtitle A: General Matters </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) Amends the National Security Act of 1947 to require the DNI, once every four years, to develop a national intelligence strategy for the following four-year period or longer. Requires each strategy, in a manner consistent with other relevant U.S. agencies' strategic plans and national-level plans, to: (1) address national and military intelligence, including counterintelligence; (2) identify current and future major national security missions of the intelligence community, including factors that may affect performance during the following 10-year period; (3) assess threats from foreign intelligence and security services, as well as insider threats; (4) outline organizational roles and missions; and (5) identify sources of strategic, institutional, programmatic, fiscal, and technological risk.</p> <p>Directs the DNI to submit a report to Congress regarding each strategy.</p> <p>(Sec. 304) Directs chief information officers of each element of the intelligence community and the Chief Information Officer of the Intelligence Community, in conducting biennial inventories of software licenses, to assess actions that could be carried out to: (1) centralize the management of software licenses; (2) track inventories using automated discovery, inventory tools, and metrics; (3) analyze software license data to inform investment decisions; and (4) provide personnel with sufficient software licenses management training. </p> <p>Directs the DNI, after receiving the Chief Information Officer's recommendations, to issue guidelines for the intelligence community on software procurement and usage.</p> <p>(Sec. 305) Directs elements of the intelligence community to issue regulations requiring employees with access to sensitive intelligence sources or methods to sign a written agreement requiring them to report regularly to the head of their element any of their direct employment by, representation of, or provision of advice to: (1) a government of a foreign country, including any faction or body of insurgents within a country assuming to exercise governmental authority; or (2) a person whose activities are supervised, directed, controlled, financed, or subsidized by such a foreign government.</p> <p>Requires intelligence employees to continue reporting any such foreign government employment during the two-year period after the employee ceases to occupy an intelligence community position with access to sensitive sources and methods.</p> <p>(Sec. 306) Expands a grant program for historically black colleges and universities to include predominantly black institutions. </p> <p>(Sec. 307) Requires the DNI to prepare a plan for management of the elements of the intelligence community that carry out financial intelligence activities.</p> <p>(Sec. 308) Directs the DNI to submit to Congress an analysis of private sector policies and procedures for countering insider threats. Requires such plan to assess the feasibility of implementing private sector: (1) hiring and human resources best practices to screen applicants for positions involving trusted access to sensitive information; (2) policies for holding supervisors and subordinates accountable for violations of established security protocols; (3) mandatory leave policies; and (4) risk indices, such as credit risk scores, to make determinations about employee access to sensitive information.</p> <p>(Sec. 309) Requires each element of the intelligence community to adopt Attorney General-approved procedures for any intelligence collection activity not otherwise authorized by court order or subpoena that is reasonably anticipated to result in the acquisition of nonpublic telephone or electronic communications to or from a U.S. person, including communications in electronic storage, without the consent of a person who is a party to the communication. </p> <p>Requires the procedures to permit acquisition, retention, and dissemination of such communications but prohibit retention in excess of five years unless: </p> <ul> <li>the communication constitutes, or is necessary to understand or assess, foreign intelligence or counterintelligence; </li> <li>the communication constitutes evidence of a crime and is retained by a law enforcement agency; </li> <li>the communication is enciphered or reasonably believed to have a secret meaning; </li> <li>all parties to the communication are reasonably believed to be non-U.S. persons; </li> <li>retention is necessary to protect against an imminent threat to human life (in which case the information must be reported to Congress within 30 days of the date such retention is extended) or for technical assurance or compliance purposes, including a court order or discovery obligation (in which case the information must be reported to Congress annually); or </li> <li>the head of an element of the intelligence community approves retention for a period in excess of five years if necessary to protect U.S. national security. </li></ul> <p>Requires the head of an element approving retention in excess of five years for national security purposes to certify to Congress: (1) the reasons extended retention is necessary to protect U.S. national security, (2) the duration of the retention, (3) the particular information to be retained, and (4) the measures being taken to protect the privacy interests of U.S. persons or persons located inside the United States.</p> <p>(Sec. 310) Revises security clearance review procedures to permit individuals alleging reprisal for having made a protected disclosure (provided the individual does not disclose classified information or other information contrary to law) to appeal any action affecting an employee's access to classified information. </p> <p>(Sec. 311) Requires the DNI to report to Congress regarding the feasibility of consolidating classified cyber threat indicator and malware sample databases in the intelligence community.</p> <p>(Sec. 312) Expresses the sense of Congress that: (1) cooperation between the intelligence and law enforcement agencies of the United States and Ukraine should be increased to improve cybersecurity policies; and (2) the United States should improve extradition procedures among the governments of the United States, Ukraine, and other countries from which cybercriminals target U.S. citizens and entities.</p> <p>Expresses further that the President should:</p> <ul> <li>initiate U.S.-Ukraine bilateral talks on cybersecurity threat and cybercrime cooperation, with additional multilateral talks that include other law enforcement partners such as Europol and Interpol; </li> <li>work to obtain a commitment from Ukraine to end cybercrime directed at persons outside Ukraine and to work with the United States and other allies to deter and convict known cybercriminals; </li> <li>establish a capacity building program with Ukraine, which could include joint intelligence efforts, U.S. law enforcement agents being sent to Ukraine to aid investigations, and agreements to connect U.S. and Ukrainian law enforcement agencies through communications networks and hotlines; and </li> <li>maintain a scorecard with metrics to measure Ukraine's responses to U.S. requests for intelligence or law enforcement assistance. </li></ul> <p>(Sec. 313) Requires the Secretary of State to ensure that every supervisory position at a U.S. diplomatic facility in the Russian Federation is occupied by a U.S. citizen who has passed, and is subject to, a thorough background check. Directs the Secretary to submit to Congress a plan to further reduce the reliance on locally employed staff in such facilities.</p> <p>(Sec. 314) Requires a Sensitive Compartmented Information Facility to be included in each U.S. diplomatic facility that, after enactment of this Act, is constructed in, or undergoes a construction upgrade in, the Russian Federation, any country that shares a land border with the Russian Federation, or any country that is a former member of the Soviet Union.</p> <p><b>Subtitle B: Reporting</b> - (Sec. 321) Directs the DNI to report to Congress regarding proposals to improve: (1) the declassification process throughout the intelligence community, and (2) the National Declassification Center.</p> <p>(Sec. 322) Requires the DNI to report to Congress regarding the status and effectiveness of efforts to reduce administrative costs for the intelligence community.</p> <p>(Sec. 323) Directs the DNI to report annually to Congress regarding violations of law or executive orders relating to intelligence activities by personnel of an element of the intelligence community that were identified during the previous calendar year. Requires each report to describe, and to include any action taken in response to, any such violation committed in the course of employment that was: (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the DOJ for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community.</p> <p>(Sec. 324) Requires the DHS Under Secretary for Intelligence and Analysis to report to Congress regarding: (1) the intelligence activity of DHS intelligence components each fiscal year, (2) the advisability of including the budget request for all intelligence activities of each component that predominantly supports departmental missions in the Homeland Security Intelligence Program, and (3) a plan to enhance the coordination of department-wide intelligence activities to achieve greater efficiencies in the performance of DHS intelligence functions.</p> <p>(Sec. 325) Directs the DNI to report to Congress regarding political prison camps in North Korea. Requires such report to describe U.S. actions to support implementation of the recommendations of the U.N. Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, including the eventual establishment of a tribunal to hold individuals accountable for abuses.</p> <p> (Sec. 326 ) Directs the Under Secretary to report to Congress regarding the security of domestic oil refineries and related rail transportation infrastructure. </p> <p>(Sec. 327) Requires the DNI to include in personnel level assessments submitted annually to Congress a description of functions performed by intelligence contractors. </p> <p>(Sec. 328) Directs the Under Secretary to submit to Congress an assessment of the efficacy of the memoranda of understanding signed between federal, state, local, tribal, and territorial agencies to facilitate intelligence-sharing within and separate from the Joint Terrorism Task Force. </p> <p>(Sec. 329) Requires the DNI to report to Congress regarding the threat posed by man-made electromagnetic pulse weapons to U.S. interests through 2025, including threats from foreign countries and foreign non-state actors. </p> <p>(Sec. 330) Directs the DNI to submit to Congress a comprehensive report on the U.S. counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda and its affiliated and associated groups. Requires such report to include assessments of: (1) the relationship between al-Qaeda and any other group (including the Islamic State also known as ISIS or ISIL) espousing the same violent jihad ideology as al-Qaeda; (2) the strengthening or weakening of al-Qaeda and such groups from January 1, 2010, to the present; (3) whether an individual can be a member of a DNI-defined al-Qaeda core if such individual is not located in Afghanistan or Pakistan; (4) the coordination, command, and control between core al-Qaeda and such groups; and (5) whether counterterrorism operations have had a sustained impact. </p> <p>Requires the DNI to define &quot;defeat of core al-Qaeda&quot; in such report. </p> <p>(Sec. 331) Directs the DNI to submit to Congress a feasibility study on retraining veterans and retired members of elements of the intelligence community in cybersecurity.</p>

action_date: 2014-12-19
action_desc: Public Law
text: <p><b>(This measure has not been amended since it was passed by the Senate on December 9, 2014. The summary of that version is repeated here.)</b></p> <p>Intelligence Authorization Act for Fiscal Year 2015 - <b>Title I: Intelligence Activities</b> - (Sec. 101) Authorizes FY2015 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; (12) National Geospatial-Intelligence Agency; 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, 2015, for such activities are those in the classified Schedule of Authorizations, 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 FY2015 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 FY2015, 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 FY2015 for the Central Intelligence Agency Retirement and Disability Fund.</p> <p><b>Title III: General Provisions</b> -<b> Subtitle A: General Matters </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) Amends the National Security Act of 1947 to require the DNI, once every four years, to develop a national intelligence strategy for the following four-year period or longer. Requires each strategy, in a manner consistent with other relevant U.S. agencies' strategic plans and national-level plans, to: (1) address national and military intelligence, including counterintelligence; (2) identify current and future major national security missions of the intelligence community, including factors that may affect performance during the following 10-year period; (3) assess threats from foreign intelligence and security services, as well as insider threats; (4) outline organizational roles and missions; and (5) identify sources of strategic, institutional, programmatic, fiscal, and technological risk.</p> <p>Directs the DNI to submit a report to Congress regarding each strategy.</p> <p>(Sec. 304) Directs chief information officers of each element of the intelligence community and the Chief Information Officer of the Intelligence Community, in conducting biennial inventories of software licenses, to assess actions that could be carried out to: (1) centralize the management of software licenses; (2) track inventories using automated discovery, inventory tools, and metrics; (3) analyze software license data to inform investment decisions; and (4) provide personnel with sufficient software licenses management training. </p> <p>Directs the DNI, after receiving the Chief Information Officer's recommendations, to issue guidelines for the intelligence community on software procurement and usage.</p> <p>(Sec. 305) Directs elements of the intelligence community to issue regulations requiring employees with access to sensitive intelligence sources or methods to sign a written agreement requiring them to report regularly to the head of their element any of their direct employment by, representation of, or provision of advice to: (1) a government of a foreign country, including any faction or body of insurgents within a country assuming to exercise governmental authority; or (2) a person whose activities are supervised, directed, controlled, financed, or subsidized by such a foreign government.</p> <p>Requires intelligence employees to continue reporting any such foreign government employment during the two-year period after the employee ceases to occupy an intelligence community position with access to sensitive sources and methods.</p> <p>(Sec. 306) Expands a grant program for historically black colleges and universities to include predominantly black institutions. </p> <p>(Sec. 307) Requires the DNI to prepare a plan for management of the elements of the intelligence community that carry out financial intelligence activities.</p> <p>(Sec. 308) Directs the DNI to submit to Congress an analysis of private sector policies and procedures for countering insider threats. Requires such plan to assess the feasibility of implementing private sector: (1) hiring and human resources best practices to screen applicants for positions involving trusted access to sensitive information; (2) policies for holding supervisors and subordinates accountable for violations of established security protocols; (3) mandatory leave policies; and (4) risk indices, such as credit risk scores, to make determinations about employee access to sensitive information.</p> <p>(Sec. 309) Requires each element of the intelligence community to adopt Attorney General-approved procedures for any intelligence collection activity not otherwise authorized by court order or subpoena that is reasonably anticipated to result in the acquisition of nonpublic telephone or electronic communications to or from a U.S. person, including communications in electronic storage, without the consent of a person who is a party to the communication. </p> <p>Requires the procedures to permit acquisition, retention, and dissemination of such communications but prohibit retention in excess of five years unless: </p> <ul> <li>the communication constitutes, or is necessary to understand or assess, foreign intelligence or counterintelligence; </li> <li>the communication constitutes evidence of a crime and is retained by a law enforcement agency; </li> <li>the communication is enciphered or reasonably believed to have a secret meaning; </li> <li>all parties to the communication are reasonably believed to be non-U.S. persons; </li> <li>retention is necessary to protect against an imminent threat to human life (in which case the information must be reported to Congress within 30 days of the date such retention is extended) or for technical assurance or compliance purposes, including a court order or discovery obligation (in which case the information must be reported to Congress annually); or </li> <li>the head of an element of the intelligence community approves retention for a period in excess of five years if necessary to protect U.S. national security. </li></ul> <p>Requires the head of an element approving retention in excess of five years for national security purposes to certify to Congress: (1) the reasons extended retention is necessary to protect U.S. national security, (2) the duration of the retention, (3) the particular information to be retained, and (4) the measures being taken to protect the privacy interests of U.S. persons or persons located inside the United States.</p> <p>(Sec. 310) Revises security clearance review procedures to permit individuals alleging reprisal for having made a protected disclosure (provided the individual does not disclose classified information or other information contrary to law) to appeal any action affecting an employee's access to classified information. </p> <p>(Sec. 311) Requires the DNI to report to Congress regarding the feasibility of consolidating classified cyber threat indicator and malware sample databases in the intelligence community.</p> <p>(Sec. 312) Expresses the sense of Congress that: (1) cooperation between the intelligence and law enforcement agencies of the United States and Ukraine should be increased to improve cybersecurity policies; and (2) the United States should improve extradition procedures among the governments of the United States, Ukraine, and other countries from which cybercriminals target U.S. citizens and entities.</p> <p>Expresses further that the President should:</p> <ul> <li>initiate U.S.-Ukraine bilateral talks on cybersecurity threat and cybercrime cooperation, with additional multilateral talks that include other law enforcement partners such as Europol and Interpol; </li> <li>work to obtain a commitment from Ukraine to end cybercrime directed at persons outside Ukraine and to work with the United States and other allies to deter and convict known cybercriminals; </li> <li>establish a capacity building program with Ukraine, which could include joint intelligence efforts, U.S. law enforcement agents being sent to Ukraine to aid investigations, and agreements to connect U.S. and Ukrainian law enforcement agencies through communications networks and hotlines; and </li> <li>maintain a scorecard with metrics to measure Ukraine's responses to U.S. requests for intelligence or law enforcement assistance. </li></ul> <p>(Sec. 313) Requires the Secretary of State to ensure that every supervisory position at a U.S. diplomatic facility in the Russian Federation is occupied by a U.S. citizen who has passed, and is subject to, a thorough background check. Directs the Secretary to submit to Congress a plan to further reduce the reliance on locally employed staff in such facilities.</p> <p>(Sec. 314) Requires a Sensitive Compartmented Information Facility to be included in each U.S. diplomatic facility that, after enactment of this Act, is constructed in, or undergoes a construction upgrade in, the Russian Federation, any country that shares a land border with the Russian Federation, or any country that is a former member of the Soviet Union.</p> <p><b>Subtitle B: Reporting</b> - (Sec. 321) Directs the DNI to report to Congress regarding proposals to improve: (1) the declassification process throughout the intelligence community, and (2) the National Declassification Center.</p> <p>(Sec. 322) Requires the DNI to report to Congress regarding the status and effectiveness of efforts to reduce administrative costs for the intelligence community.</p> <p>(Sec. 323) Directs the DNI to report annually to Congress regarding violations of law or executive orders relating to intelligence activities by personnel of an element of the intelligence community that were identified during the previous calendar year. Requires each report to describe, and to include any action taken in response to, any such violation committed in the course of employment that was: (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the DOJ for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community.</p> <p>(Sec. 324) Requires the DHS Under Secretary for Intelligence and Analysis to report to Congress regarding: (1) the intelligence activity of DHS intelligence components each fiscal year, (2) the advisability of including the budget request for all intelligence activities of each component that predominantly supports departmental missions in the Homeland Security Intelligence Program, and (3) a plan to enhance the coordination of department-wide intelligence activities to achieve greater efficiencies in the performance of DHS intelligence functions.</p> <p>(Sec. 325) Directs the DNI to report to Congress regarding political prison camps in North Korea. Requires such report to describe U.S. actions to support implementation of the recommendations of the U.N. Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, including the eventual establishment of a tribunal to hold individuals accountable for abuses.</p> <p>(Sec. 326 ) Directs the Under Secretary to report to Congress regarding the security of domestic oil refineries and related rail transportation infrastructure. </p> <p>(Sec. 327) Requires the DNI to include in personnel level assessments submitted annually to Congress a description of functions performed by intelligence contractors. </p> <p>(Sec. 328) Directs the Under Secretary to submit to Congress an assessment of the efficacy of the memoranda of understanding signed between federal, state, local, tribal, and territorial agencies to facilitate intelligence-sharing within and separate from the Joint Terrorism Task Force. </p> <p>(Sec. 329) Requires the DNI to report to Congress regarding the threat posed by man-made electromagnetic pulse weapons to U.S. interests through 2025, including threats from foreign countries and foreign non-state actors. </p> <p>(Sec. 330) Directs the DNI to submit to Congress a comprehensive report on the U.S. counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda and its affiliated and associated groups. Requires such report to include assessments of: (1) the relationship between al-Qaeda and any other group (including the Islamic State also known as ISIS or ISIL) espousing the same violent jihad ideology as al-Qaeda; (2) the strengthening or weakening of al-Qaeda and such groups from January 1, 2010, to the present; (3) whether an individual can be a member of a DNI-defined al-Qaeda core if such individual is not located in Afghanistan or Pakistan; (4) the coordination, command, and control between core al-Qaeda and such groups; and (5) whether counterterrorism operations have had a sustained impact. </p> <p>Requires the DNI to define "defeat of core al-Qaeda" in such report. </p> <p>(Sec. 331) Directs the DNI to submit to Congress a feasibility study on retraining veterans and retired members of elements of the intelligence community in cybersecurity.</p>

tv_txt: IB 113th CONGRESS 2d Session H. R. 4681 IN THE HOUSE OF REPRESENTATIVES AN ACT To authorize appropriations for fiscal years 2014 and 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Years 2014 and 2015 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. Title II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. Title III—General provisions Subtitle A—General matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Specific authorization of funding for High Performance Computing Center 2. Sec. 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community. Sec. 305. Functional managers for the intelligence community. Sec. 306. Annual assessment of intelligence community performance by function. Sec. 307. Software licensing. Sec. 308. Plans to respond to unauthorized public disclosures of covert actions. Sec. 309. Auditability. Sec. 310. Restrictions on certain former intelligence officers and employees. 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. Sec. 315. Inclusion of Predominantly Black Institutions in intelligence officer training program. Subtitle B—Reporting Sec. 321. Annual report on violations of law or executive order. Sec. 322. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations. Sec. 323. Reports on chemical weapons in Syria. Sec. 324. Reports to the intelligence community on penetrations of networks and information systems of certain contractors. Sec. 325. Report on electronic waste. Sec. 326. Promoting STEM education to meet the future workforce needs of the intelligence community. Sec. 327. Assessment of security of domestic oil refineries and related rail transportation infrastructure. Sec. 328. Repeal or modification of certain reporting requirements. Sec. 329. Report on declassification process. Sec. 330. Director of National Intelligence study on the use of contractors in the conduct of intelligence activities. Sec. 331. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing. Sec. 332. Report on foreign man-made electromagnetic pulse weapons. Sec. 333. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents. Sec. 334. Report on retraining veterans in cybersecurity. Title IV—Matters relating to elements of the intelligence community Sec. 401. Gifts, devises, and bequests to the Central Intelligence Agency. Sec. 402. Inspector General of the National Security Agency. Title V—Security clearance reform Sec. 501. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information. Sec. 502. Requirements for intelligence community contractors. Sec. 503. Technology improvements to security clearance processing. Sec. 504. Report on reciprocity of security clearances. Sec. 505. Improving the periodic reinvestigation process. Sec. 506. Appropriate committees of Congress defined. Title VI—Technical amendments Sec. 601. Technical amendments to the Central Intelligence Agency Act of 1949. Sec. 602. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions. Sec. 603. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013. 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 years 2014 and 2015 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels (1) Fiscal year 2014 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 for fiscal year 2014 prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (2) Fiscal year 2015 The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations for fiscal year 2015 prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedules 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 Schedules of Authorizations, or of appropriate portions of the Schedules, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedules of Authorizations or any portion of such Schedules 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 or 2015 by the classified Schedules 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 the Schedule for such element during the fiscal year covered by such Schedule. (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 (1) Fiscal year 2014 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. (2) Fiscal year 2015 There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2015 the sum of $505,476,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2016. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 855 positions as of September 30, 2014, and 777 positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations (A) Fiscal year 2014 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. (B) Fiscal year 2015 In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2015 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2016. (2) Authorization of personnel (A) Fiscal year 2014 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). (B) Fiscal year 2015 In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). 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 $514,000,000 for each of fiscal years 2014 and 2015. 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, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and (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; (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, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and (3) based on the assessment required under paragraph (2), make such recommendations with respect to software procurement and usage to the Director of National Intelligence as the Chief Information Officer considers appropriate. (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). (d) Implementation of recommendations Not later than 180 days after the date on which the Director of National Intelligence receives recommendations from the Chief Information Officer of the Intelligence Community in accordance with subsection (b)(3), the Director of National Intelligence shall, to the extent practicable, issue guidelines for the intelligence community on software procurement and usage based on such recommendations. . (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) by 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. Restrictions on certain former intelligence officers and employees (a) Restriction Title III of the National Security Act of 1947 ( 50 U.S.C. 3071 et seq. ) is amended by inserting after section 303 the following new section: 304. Restrictions on certain former intelligence officers and employees (a) Negotiations A covered employee shall notify the element of the intelligence community employing such employee not later than 3 business days after the commencement of any negotiation for future employment or compensation between such covered employee and a covered entity. (b) Separation A covered employee may not commence employment with or be contracted by a covered entity— (1) for a period of one year following the termination of the service or employment of such covered employee by an element of the intelligence community; and (2) for a period of two years following such termination with respect to any matter that was a part of the official responsibility of such covered employee during the final year of the service or employment of such covered employee by an element of the intelligence community. (c) Annual reporting (1) Reporting required Each former covered employee who was a covered employee at the time of separation from an element of the intelligence community shall annually report in writing to the element of the intelligence community that most recently previously employed such covered employee any payment received in the preceding year from a foreign government or a covered entity. (2) Applicability The requirement to submit a report under paragraph (1) for each former covered employee shall terminate on the date that is 5 years after the date on which such former covered employee was most recently employed by an element of the intelligence community. (d) Determination of foreign governments posing a significant counterintelligence threat The Director of National Intelligence shall annually— (1) determine which foreign governments pose a significant counterintelligence threat to the United States; and (2) submit to the congressional intelligence committees a list of such foreign governments. (e) Definitions In this section: (1) Covered employee The term covered employee means— (A) an employee of an element of the intelligence community with access to sensitive compartmented information occupying a position— (i) classified at GS–15 of the General Schedule ( chapter 53 of title 5, United States Code); or (ii) as a senior civilian officer of the intelligence community (as defined in Intelligence Community Directive No. 610 or any successor directive); and (B) a person who during the preceding 12-month period was an officer or employee of the Congress (as defined in section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.)) with access to sensitive compartmented information. (2) Covered entity The term covered entity means— (A) any person acting on behalf or under the supervision of a designated foreign government; or (B) any entity owned or controlled by a designated foreign government. (3) Designated foreign government The term designated foreign government means a government that the Director of National Intelligence determines poses a significant counterintelligence threat to the United States under subsection (d). . (b) Effective date of negotiation period notice The requirement under section 304(a) of the National Security Act of 1947, as added by subsection (a) of this section, shall take effect on the date that is 30 days after the date of the enactment of this Act. (c) Applicability of separation period The requirement under section 304(b) of the National Security Act of 1947, as added by subsection (a) of this section, shall not apply to a covered employee that has entered into an employment agreement on or before the date of the enactment of this Act. (d) First reporting requirement The first report required to be submitted by each former covered employee under section 304(c) of the National Security Act of 1947, as added by subsection (a) of this section, shall be submitted not later than one year after the date of the enactment of this Act. (e) First designation requirement The Director of National Intelligence shall submit to the congressional intelligence committees the initial list of foreign governments under section 304(d) of the National Security Act of 1947, as added by subsection (a) of this section, not later than 30 days after the date of the enactment of this Act. (f) Table of contents amendments The table of contents in the first section of such Act is amended— (1) by striking the second item relating to section 302 (Under Secretaries and Assistant Secretaries) and the items relating to sections 304, 305, and 306; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Restrictions on certain former intelligence officers and employees. . 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. 315. Inclusion of Predominantly Black Institutions in intelligence officer training program Section 1024 of the National Security Act of 1947 ( 50 U.S.C. 3224 ) is amended— (1) in subsection (c)(1), by inserting and Predominantly Black Institutions after universities ; and (2) in subsection (g)— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: (4) Predominantly Black Institution The term Predominantly Black Institution has the meaning given the term in section 318 of the Higher education Act of 1965 ( 20 U.S.C. 1059e ). . B Reporting 321. Annual report on violations of law or executive order (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ), as amended by section 309, is further amended by adding at the end the following: 510. Annual report on violations of law or executive order (a) Annual reports required The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year. (b) Elements Each report required under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 ( 50 U.S.C. 3001 note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of the employment of such personnel that, during the previous calendar year, was— (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the Department of Justice for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community. . (b) Initial report The first report required under section 510 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act. (c) Guidelines Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the head of each element of the intelligence community, shall— (1) issue guidelines to carry out section 510 of the National Security Act of 1947, as added by subsection (a) of this section; and (2) submit such guidelines to the congressional intelligence committees. (d) Table of contents amendment The table of sections in the first section of the National Security Act of 1947, as amended by section 309 of this Act, is further amended by adding after the section relating to section 509, as added by such section 309, the following new item: Sec. 510. Annual report on violations of law or executive order. . (e) Rule of construction Nothing in this section or the amendments made by this section shall be construed to alter any requirement existing on the date of the enactment of this Act to submit a report under any provision of law. 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 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. 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 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). 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 (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. 325. 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) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) 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. 326. 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 ). 327. Assessment of security of domestic oil refineries and related rail transportation infrastructure (a) Assessment The Under Secretary of Homeland Security for Intelligence and Analysis shall conduct an intelligence assessment of the security of domestic oil refineries and related rail transportation infrastructure. (b) Submission Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to the congressional intelligence committees— (1) the results of the assessment required under subsection (a); and (2) any recommendations with respect to intelligence sharing or intelligence collection to improve the security of domestic oil refineries and related rail transportation infrastructure to protect the communities surrounding such refineries or such infrastructure from potential harm that the Under Secretary considers appropriate. 328. 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). 329. Report on declassification process Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report describing— (1) how to improve the declassification process across the intelligence community; and (2) what steps the intelligence community can take, or what legislation may be necessary, to enable the National Declassification Center to better accomplish the missions assigned to the Center by Executive Order No. 13526. 330. Director of National Intelligence study on the use of contractors in the conduct of intelligence activities The Director of National Intelligence shall conduct an assessment of the reliance of intelligence activities on contractors to support Government activities, including an assessment of— (1) contractors performing intelligence activities (including intelligence analysis); and (2) the skills performed by contractors and the availability of Federal employees to perform those skills. 331. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis, in consultation with the Director of the Federal Bureau of Investigation and the Program Manager of the Information Sharing Environment, shall submit to the congressional intelligence committees, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of the efficacy of the memoranda of understanding signed between Federal, State, local, tribal, and territorial agencies to facilitate intelligence-sharing within and separate from the Joint Terrorism Task Force. Such assessment shall include— (1) any language within such memoranda of understanding that prohibited or may be construed to prohibit intelligence-sharing between Federal, State, local, tribal, and territorial agencies; and (2) any recommendations for memoranda of understanding to better facilitate intelligence-sharing between Federal, State, local, tribal, and territorial agencies. 332. Report on foreign man-made electromagnetic pulse weapons (a) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate a report on the threat posed by man-made electromagnetic pulse weapons to United States interests through 2025, including threats from foreign countries and foreign non-State actors. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 333. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a comprehensive report on the United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents. (2) Coordination The report required by paragraph (1) shall be prepared in coordination with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Secretary of Defense, and the head of any other department or agency of the United States Government that has responsibility for activities directed at combating al-Qaeda, its affiliated groups, associated groups, and adherents. (3) Elements The report required by paragraph (1) shall include the following: (A) A definition of— (i) al-Qaeda core, including a list of which known individuals constitute al-Qaeda core; (ii) an affiliated group of al-Qaeda, including a list of which known groups constitute an affiliate group of al-Qaeda; (iii) an associated group of al-Qaeda, including a list of which known groups constitute an associated group of al-Qaeda; (iv) an adherent of al-Qaeda, including a list of which known groups constitute an adherent of al-Qaeda; and (v) a group aligned with al-Qaeda, including a description of what actions a group takes or statements it makes that qualify it as a group aligned with al-Qaeda. (B) An assessment of the relationship between all identified al-Qaeda affiliated groups, associated groups, and adherents with al-Qaeda core. (C) An assessment of the strengthening or weakening of al-Qaeda, its affiliated groups, associated groups, and adherents, from January 1, 2010, to the present, including a description of the metrics that are used to assess strengthening or weakening and an assessment of the relative increase or decrease in violent attacks attributed to such entities. (D) An assessment of whether or not an individual can be a member of al-Qaeda core if such individual is not located in Afghanistan or Pakistan. (E) An assessment of whether or not an individual can be a member of al-Qaeda core as well as a member of an al-Qaeda affiliated group, associated group, or adherent. (F) A definition of defeat of core al-Qaeda. (G) An assessment of the extent or coordination, command, and control between core al-Qaeda, its affiliated groups, associated groups, and adherents, specifically addressing each such entity. (H) An assessment of the effectiveness of counterterrorism operations against core al-Qaeda, its affiliated groups, associated groups, and adherents, and whether such operations have had a sustained impact on the capabilities and effectiveness of core al-Qaeda, its affiliated groups, associated groups, and adherents. (4) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives; and (2) the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate. 334. Report on retraining veterans in cybersecurity Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall submit to Congress recommendations for retraining veterans and retired members of elements of the intelligence community in cybersecurity. IV Matters relating to elements of the intelligence community 401. Gifts, devises, and bequests to the Central Intelligence Agency 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. . 402. Inspector General of the National Security Agency (a) Elevation of Inspector General status 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 inserting the National Security Agency, after the Federal Emergency Management Agency, ; and (B) in paragraph (2), by inserting the National Security Agency, after the National Aeronautics and Space Administration, . (b) Date of appointment Not later than 90 days after the date of the resignation, reassignment, or removal of the Inspector General of the National Security Agency appointed pursuant to section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) as in effect before the date of the enactment of this Act and serving on such date, the President shall nominate a person for appointment, by and with the advice and consent of the Senate, as Inspector General of the National Security Agency under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by subsection (a). (c) Transition rule An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)— (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay. (d) Special provisions concerning the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: 8K. Special provisions concerning the National Security Agency (a) General counsel to the Inspector General (1) In general There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency. (2) Duties The General Counsel to the Inspector General of the National Security Agency shall— (A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; (B) provide legal services only to the Inspector General of the National Security Agency; (C) prescribe professional rules of ethics and responsibilities for employees and officers of, and contractors to, the Office of the Inspector General of the National Security Agency; (D) perform such functions as the Inspector General may prescribe; and (E) serve at the discretion of the Inspector General. (3) Office of the General Counsel There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate. (b) Testimony (1) Authority to compel The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act. (2) Refusal to obey A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (3) Notification The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. (c) Prohibitions on investigations for national security reasons (1) Evaluations of prohibitions Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement. (2) Inclusion in semi-annual report The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report. . 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 Technical amendments 601. 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 . 602. 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, . 603. 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 House of Representatives May 30, 2014. Karen L. Haas, Clerk.

tv_txt: I 113th CONGRESS 2d Session H. R. 4681 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Rogers of Michigan introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) A BILL To authorize appropriations for fiscal years 2014 and 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

1. Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Years 2014 and 2015 . I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years 2014 and 2015 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels (1) Fiscal year 2014 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 for fiscal year 2014 prepared to accompany the bill H.R. __ of the One Hundred Thirteenth Congress. (2) Fiscal year 2015 The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations for fiscal year 2015 prepared to accompany the bill H.R. __ of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedules 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 Schedules of Authorizations, or of appropriate portions of the Schedules, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedules of Authorizations or any portion of such Schedules 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 or 2015 by the classified Schedules 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 the Schedule for such element during the fiscal year covered by such Schedule. (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 (1) Fiscal year 2014 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. (2) Fiscal year 2015 There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2015 the sum of $__________ . Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2016. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 855 positions as of September 30, 2014 and ___ positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations (A) Fiscal year 2014 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. (B) Fiscal year 2015 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, 2016. (2) Authorization of personnel (A) Fiscal year 2014 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). (B) Fiscal year 2015 In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). 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— (1) $514,000,000 for fiscal year 2014; and (2) $__________ for fiscal year 2015. III General provisions 301. Increase in employee compensation and benefits authorized by law Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 302. Restriction on conduct of intelligence activities The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.

tv_txt: IB Union Calendar No. 343 113th CONGRESS 2d Session H. R. 4681 [Report No. 113–463] IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Rogers of Michigan introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) May 27, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on May 20, 2014 A BILL To authorize appropriations for fiscal years 2014 and 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Years 2014 and 2015 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. Title II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. Title III—General provisions Subtitle A—General matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Specific authorization of funding for High Performance Computing Center 2. Sec. 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community. Sec. 305. Functional managers for the intelligence community. Sec. 306. Annual assessment of intelligence community performance by function. Sec. 307. Software licensing. Sec. 308. Plans to respond to unauthorized public disclosures of covert actions. Sec. 309. Auditability. Sec. 310. Public Interest Declassification Board. Sec. 311. Official representation items in support of the Coast Guard Attaché Program. Sec. 312. Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1 , 2011 . Sec. 313. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program. Subtitle B—Reporting Sec. 321. Annual report on violations of law or executive order. Sec. 322. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations. Sec. 323. Reports on chemical weapons in Syria. Sec. 324. Reports to the intelligence community on penetrations of networks and information systems of certain contractors. Sec. 325. Report on electronic waste. Sec. 326. Promoting STEM education to meet the future workforce needs of the intelligence community. Sec. 327. Assessment of security of domestic oil refineries and related rail transportation infrastructure. Sec. 328. Repeal or modification of certain reporting requirements. Title IV—Matters relating to elements of the intelligence community Sec. 401. Gifts, devises, and bequests to the Central Intelligence Agency. Sec. 402. Inspector General of the National Security Agency. Title V—Security clearance reform Sec. 501. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information. Sec. 502. Requirements for intelligence community contractors. Sec. 503. Technology improvements to security clearance processing. Sec. 504. Report on reciprocity of security clearances. Sec. 505. Improving the periodic reinvestigation process. Sec. 506. Appropriate committees of Congress defined. Title VI—Technical amendments Sec. 601. Technical amendments to the Central Intelligence Agency Act of 1949. Sec. 602. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions. Sec. 603. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013. 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 years 2014 and 2015 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels (1) Fiscal year 2014 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 for fiscal year 2014 prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (2) Fiscal year 2015 The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations for fiscal year 2015 prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedules 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 Schedules of Authorizations, or of appropriate portions of the Schedules, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedules of Authorizations or any portion of such Schedules 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 or 2015 by the classified Schedules 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 the Schedule for such element during the fiscal year covered by such Schedule. (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 (1) Fiscal year 2014 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. (2) Fiscal year 2015 There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2015 the sum of $505,476,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2016. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 855 positions as of September 30, 2014, and 777 positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations (A) Fiscal year 2014 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. (B) Fiscal year 2015 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, 2016. (2) Authorization of personnel (A) Fiscal year 2014 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). (B) Fiscal year 2015 In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). 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 $514,000,000 for each of fiscal years 2014 and 2015. 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) by 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. 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. . 311. 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. 312. 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. 313. 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. Annual report on violations of law or executive order (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ), as amended by section 309, is further amended by adding at the end the following: 510. Annual report on violations of law or executive order (a) Annual reports required The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year. (b) Elements Each report required under subsection (a) shall include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order 12333 ( 50 U.S.C. 3001 note)) by personnel of an element of the intelligence community in the course of such employment that, during the previous calendar year, was determined by the director, head, general counsel, or inspector general of any element of the intelligence community to have occurred. . (b) Initial report The first report required under section 510 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act. (c) Table of contents amendment The table of sections in the first section of the National Security Act of 1947, as amended by section 309 of this Act, is further amended by adding after the section relating to section 509, as added by such section 309, the following new item: Sec. 510. Annual report on violations of law or executive order. . 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 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. 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 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). 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 (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. 325. 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) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) 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. 326. 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 ). 327. Assessment of security of domestic oil refineries and related rail transportation infrastructure (a) Assessment The Under Secretary of Homeland Security for Intelligence and Analysis shall conduct an intelligence assessment of the security of domestic oil refineries and related rail transportation infrastructure. (b) Submission Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to the congressional intelligence committees— (1) the results of the assessment required under subsection (a); and (2) any recommendations with respect to intelligence sharing or intelligence collection to improve the security of domestic oil refineries and related rail transportation infrastructure to protect the communities surrounding such refineries or such infrastructure from potential harm that the Under Secretary considers appropriate. 328. 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 401. Gifts, devises, and bequests to the Central Intelligence Agency 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. . 402. Inspector General of the National Security Agency (a) Elevation of Inspector General status 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 inserting the National Security Agency, after the Federal Emergency Management Agency, ; and (B) in paragraph (2), by inserting the National Security Agency, after the National Aeronautics and Space Administration, . (b) Date of appointment Not later than 90 days after the date of the enactment of this Act, the President shall nominate a person for appointment, by and with the advice and consent of the Senate, as Inspector General of the National Security Agency under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by subsection (a). (c) Transition rule An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)— (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay. (d) Special provisions concerning the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: 8K. Special provisions concerning the National Security Agency (a) General counsel to the Inspector General (1) In general There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency. (2) Duties The General Counsel to the Inspector General of the National Security Agency shall— (A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; (B) provide legal services only to the Inspector General of the National Security Agency; (C) prescribe professional rules of ethics and responsibilities for employees and officers of, and contractors to, the National Security Agency; (D) perform such functions as the Inspector General may prescribe; and (E) serve at the discretion of the Inspector General. (3) Office of the General Counsel There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate. (b) Testimony (1) Authority to compel The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act. (2) Refusal to obey A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (3) Notification The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. (c) Prohibitions on investigations for national security reasons (1) Evaluations of prohibitions Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement. (2) Inclusion in semi-annual report The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report. . 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 Technical amendments 601. 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 . 602. 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, . 603. 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 ).

May 27, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IIB 113th CONGRESS 2d Session H. R. 4681 IN THE SENATE OF THE UNITED STATES June 2, 2014 Received; read twice and referred to the Select Committee on Intelligence AN ACT To authorize appropriations for fiscal years 2014 and 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Years 2014 and 2015 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. Title II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. Title III—General provisions Subtitle A—General matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Specific authorization of funding for High Performance Computing Center 2. Sec. 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community. Sec. 305. Functional managers for the intelligence community. Sec. 306. Annual assessment of intelligence community performance by function. Sec. 307. Software licensing. Sec. 308. Plans to respond to unauthorized public disclosures of covert actions. Sec. 309. Auditability. Sec. 310. Restrictions on certain former intelligence officers and employees. 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. Sec. 315. Inclusion of Predominantly Black Institutions in intelligence officer training program. Subtitle B—Reporting Sec. 321. Annual report on violations of law or executive order. Sec. 322. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations. Sec. 323. Reports on chemical weapons in Syria. Sec. 324. Reports to the intelligence community on penetrations of networks and information systems of certain contractors. Sec. 325. Report on electronic waste. Sec. 326. Promoting STEM education to meet the future workforce needs of the intelligence community. Sec. 327. Assessment of security of domestic oil refineries and related rail transportation infrastructure. Sec. 328. Repeal or modification of certain reporting requirements. Sec. 329. Report on declassification process. Sec. 330. Director of National Intelligence study on the use of contractors in the conduct of intelligence activities. Sec. 331. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing. Sec. 332. Report on foreign man-made electromagnetic pulse weapons. Sec. 333. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents. Sec. 334. Report on retraining veterans in cybersecurity. Title IV—Matters relating to elements of the intelligence community Sec. 401. Gifts, devises, and bequests to the Central Intelligence Agency. Sec. 402. Inspector General of the National Security Agency. Title V—Security clearance reform Sec. 501. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information. Sec. 502. Requirements for intelligence community contractors. Sec. 503. Technology improvements to security clearance processing. Sec. 504. Report on reciprocity of security clearances. Sec. 505. Improving the periodic reinvestigation process. Sec. 506. Appropriate committees of Congress defined. Title VI—Technical amendments Sec. 601. Technical amendments to the Central Intelligence Agency Act of 1949. Sec. 602. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions. Sec. 603. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013. 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 years 2014 and 2015 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels (1) Fiscal year 2014 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 for fiscal year 2014 prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (2) Fiscal year 2015 The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations for fiscal year 2015 prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedules 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 Schedules of Authorizations, or of appropriate portions of the Schedules, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedules of Authorizations or any portion of such Schedules 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 or 2015 by the classified Schedules 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 the Schedule for such element during the fiscal year covered by such Schedule. (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 (1) Fiscal year 2014 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. (2) Fiscal year 2015 There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2015 the sum of $505,476,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2016. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 855 positions as of September 30, 2014, and 777 positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations (A) Fiscal year 2014 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. (B) Fiscal year 2015 In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2015 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2016. (2) Authorization of personnel (A) Fiscal year 2014 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). (B) Fiscal year 2015 In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). 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 $514,000,000 for each of fiscal years 2014 and 2015. 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, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and (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; (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, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and (3) based on the assessment required under paragraph (2), make such recommendations with respect to software procurement and usage to the Director of National Intelligence as the Chief Information Officer considers appropriate. (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). (d) Implementation of recommendations Not later than 180 days after the date on which the Director of National Intelligence receives recommendations from the Chief Information Officer of the Intelligence Community in accordance with subsection (b)(3), the Director of National Intelligence shall, to the extent practicable, issue guidelines for the intelligence community on software procurement and usage based on such recommendations. . (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) by 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. Restrictions on certain former intelligence officers and employees (a) Restriction Title III of the National Security Act of 1947 ( 50 U.S.C. 3071 et seq. ) is amended by inserting after section 303 the following new section: 304. Restrictions on certain former intelligence officers and employees (a) Negotiations A covered employee shall notify the element of the intelligence community employing such employee not later than 3 business days after the commencement of any negotiation for future employment or compensation between such covered employee and a covered entity. (b) Separation A covered employee may not commence employment with or be contracted by a covered entity— (1) for a period of one year following the termination of the service or employment of such covered employee by an element of the intelligence community; and (2) for a period of two years following such termination with respect to any matter that was a part of the official responsibility of such covered employee during the final year of the service or employment of such covered employee by an element of the intelligence community. (c) Annual reporting (1) Reporting required Each former covered employee who was a covered employee at the time of separation from an element of the intelligence community shall annually report in writing to the element of the intelligence community that most recently previously employed such covered employee any payment received in the preceding year from a foreign government or a covered entity. (2) Applicability The requirement to submit a report under paragraph (1) for each former covered employee shall terminate on the date that is 5 years after the date on which such former covered employee was most recently employed by an element of the intelligence community. (d) Determination of foreign governments posing a significant counterintelligence threat The Director of National Intelligence shall annually— (1) determine which foreign governments pose a significant counterintelligence threat to the United States; and (2) submit to the congressional intelligence committees a list of such foreign governments. (e) Definitions In this section: (1) Covered employee The term covered employee means— (A) an employee of an element of the intelligence community with access to sensitive compartmented information occupying a position— (i) classified at GS–15 of the General Schedule ( chapter 53 of title 5, United States Code); or (ii) as a senior civilian officer of the intelligence community (as defined in Intelligence Community Directive No. 610 or any successor directive); and (B) a person who during the preceding 12-month period was an officer or employee of the Congress (as defined in section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.)) with access to sensitive compartmented information. (2) Covered entity The term covered entity means— (A) any person acting on behalf or under the supervision of a designated foreign government; or (B) any entity owned or controlled by a designated foreign government. (3) Designated foreign government The term designated foreign government means a government that the Director of National Intelligence determines poses a significant counterintelligence threat to the United States under subsection (d). . (b) Effective date of negotiation period notice The requirement under section 304(a) of the National Security Act of 1947, as added by subsection (a) of this section, shall take effect on the date that is 30 days after the date of the enactment of this Act. (c) Applicability of separation period The requirement under section 304(b) of the National Security Act of 1947, as added by subsection (a) of this section, shall not apply to a covered employee that has entered into an employment agreement on or before the date of the enactment of this Act. (d) First reporting requirement The first report required to be submitted by each former covered employee under section 304(c) of the National Security Act of 1947, as added by subsection (a) of this section, shall be submitted not later than one year after the date of the enactment of this Act. (e) First designation requirement The Director of National Intelligence shall submit to the congressional intelligence committees the initial list of foreign governments under section 304(d) of the National Security Act of 1947, as added by subsection (a) of this section, not later than 30 days after the date of the enactment of this Act. (f) Table of contents amendments The table of contents in the first section of such Act is amended— (1) by striking the second item relating to section 302 (Under Secretaries and Assistant Secretaries) and the items relating to sections 304, 305, and 306; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Restrictions on certain former intelligence officers and employees. . 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. 315. Inclusion of Predominantly Black Institutions in intelligence officer training program Section 1024 of the National Security Act of 1947 ( 50 U.S.C. 3224 ) is amended— (1) in subsection (c)(1), by inserting and Predominantly Black Institutions after universities ; and (2) in subsection (g)— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: (4) Predominantly Black Institution The term Predominantly Black Institution has the meaning given the term in section 318 of the Higher education Act of 1965 ( 20 U.S.C. 1059e ). . B Reporting 321. Annual report on violations of law or executive order (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ), as amended by section 309, is further amended by adding at the end the following: 510. Annual report on violations of law or executive order (a) Annual reports required The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year. (b) Elements Each report required under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 ( 50 U.S.C. 3001 note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of the employment of such personnel that, during the previous calendar year, was— (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the Department of Justice for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community. . (b) Initial report The first report required under section 510 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act. (c) Guidelines Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the head of each element of the intelligence community, shall— (1) issue guidelines to carry out section 510 of the National Security Act of 1947, as added by subsection (a) of this section; and (2) submit such guidelines to the congressional intelligence committees. (d) Table of contents amendment The table of sections in the first section of the National Security Act of 1947, as amended by section 309 of this Act, is further amended by adding after the section relating to section 509, as added by such section 309, the following new item: Sec. 510. Annual report on violations of law or executive order. . (e) Rule of construction Nothing in this section or the amendments made by this section shall be construed to alter any requirement existing on the date of the enactment of this Act to submit a report under any provision of law. 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 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. 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 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). 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 (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. 325. 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) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) 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. 326. 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 ). 327. Assessment of security of domestic oil refineries and related rail transportation infrastructure (a) Assessment The Under Secretary of Homeland Security for Intelligence and Analysis shall conduct an intelligence assessment of the security of domestic oil refineries and related rail transportation infrastructure. (b) Submission Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to the congressional intelligence committees— (1) the results of the assessment required under subsection (a); and (2) any recommendations with respect to intelligence sharing or intelligence collection to improve the security of domestic oil refineries and related rail transportation infrastructure to protect the communities surrounding such refineries or such infrastructure from potential harm that the Under Secretary considers appropriate. 328. 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). 329. Report on declassification process Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report describing— (1) how to improve the declassification process across the intelligence community; and (2) what steps the intelligence community can take, or what legislation may be necessary, to enable the National Declassification Center to better accomplish the missions assigned to the Center by Executive Order No. 13526. 330. Director of National Intelligence study on the use of contractors in the conduct of intelligence activities The Director of National Intelligence shall conduct an assessment of the reliance of intelligence activities on contractors to support Government activities, including an assessment of— (1) contractors performing intelligence activities (including intelligence analysis); and (2) the skills performed by contractors and the availability of Federal employees to perform those skills. 331. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis, in consultation with the Director of the Federal Bureau of Investigation and the Program Manager of the Information Sharing Environment, shall submit to the congressional intelligence committees, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of the efficacy of the memoranda of understanding signed between Federal, State, local, tribal, and territorial agencies to facilitate intelligence-sharing within and separate from the Joint Terrorism Task Force. Such assessment shall include— (1) any language within such memoranda of understanding that prohibited or may be construed to prohibit intelligence-sharing between Federal, State, local, tribal, and territorial agencies; and (2) any recommendations for memoranda of understanding to better facilitate intelligence-sharing between Federal, State, local, tribal, and territorial agencies. 332. Report on foreign man-made electromagnetic pulse weapons (a) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate a report on the threat posed by man-made electromagnetic pulse weapons to United States interests through 2025, including threats from foreign countries and foreign non-State actors. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 333. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a comprehensive report on the United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents. (2) Coordination The report required by paragraph (1) shall be prepared in coordination with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Secretary of Defense, and the head of any other department or agency of the United States Government that has responsibility for activities directed at combating al-Qaeda, its affiliated groups, associated groups, and adherents. (3) Elements The report required by paragraph (1) shall include the following: (A) A definition of— (i) al-Qaeda core, including a list of which known individuals constitute al-Qaeda core; (ii) an affiliated group of al-Qaeda, including a list of which known groups constitute an affiliate group of al-Qaeda; (iii) an associated group of al-Qaeda, including a list of which known groups constitute an associated group of al-Qaeda; (iv) an adherent of al-Qaeda, including a list of which known groups constitute an adherent of al-Qaeda; and (v) a group aligned with al-Qaeda, including a description of what actions a group takes or statements it makes that qualify it as a group aligned with al-Qaeda. (B) An assessment of the relationship between all identified al-Qaeda affiliated groups, associated groups, and adherents with al-Qaeda core. (C) An assessment of the strengthening or weakening of al-Qaeda, its affiliated groups, associated groups, and adherents, from January 1, 2010, to the present, including a description of the metrics that are used to assess strengthening or weakening and an assessment of the relative increase or decrease in violent attacks attributed to such entities. (D) An assessment of whether or not an individual can be a member of al-Qaeda core if such individual is not located in Afghanistan or Pakistan. (E) An assessment of whether or not an individual can be a member of al-Qaeda core as well as a member of an al-Qaeda affiliated group, associated group, or adherent. (F) A definition of defeat of core al-Qaeda. (G) An assessment of the extent or coordination, command, and control between core al-Qaeda, its affiliated groups, associated groups, and adherents, specifically addressing each such entity. (H) An assessment of the effectiveness of counterterrorism operations against core al-Qaeda, its affiliated groups, associated groups, and adherents, and whether such operations have had a sustained impact on the capabilities and effectiveness of core al-Qaeda, its affiliated groups, associated groups, and adherents. (4) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives; and (2) the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate. 334. Report on retraining veterans in cybersecurity Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall submit to Congress recommendations for retraining veterans and retired members of elements of the intelligence community in cybersecurity. IV Matters relating to elements of the intelligence community 401. Gifts, devises, and bequests to the Central Intelligence Agency 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. . 402. Inspector General of the National Security Agency (a) Elevation of Inspector General status 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 inserting the National Security Agency, after the Federal Emergency Management Agency, ; and (B) in paragraph (2), by inserting the National Security Agency, after the National Aeronautics and Space Administration, . (b) Date of appointment Not later than 90 days after the date of the resignation, reassignment, or removal of the Inspector General of the National Security Agency appointed pursuant to section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) as in effect before the date of the enactment of this Act and serving on such date, the President shall nominate a person for appointment, by and with the advice and consent of the Senate, as Inspector General of the National Security Agency under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by subsection (a). (c) Transition rule An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)— (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay. (d) Special provisions concerning the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: 8K. Special provisions concerning the National Security Agency (a) General counsel to the Inspector General (1) In general There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency. (2) Duties The General Counsel to the Inspector General of the National Security Agency shall— (A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; (B) provide legal services only to the Inspector General of the National Security Agency; (C) prescribe professional rules of ethics and responsibilities for employees and officers of, and contractors to, the Office of the Inspector General of the National Security Agency; (D) perform such functions as the Inspector General may prescribe; and (E) serve at the discretion of the Inspector General. (3) Office of the General Counsel There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate. (b) Testimony (1) Authority to compel The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act. (2) Refusal to obey A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (3) Notification The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. (c) Prohibitions on investigations for national security reasons (1) Evaluations of prohibitions Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement. (2) Inclusion in semi-annual report The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report. . 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 Technical amendments 601. 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 . 602. 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, . 603. 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 House of Representatives May 30, 2014. Karen L. Haas, Clerk.

tv_txt: I One Hundred Thirteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen H. R. 4681 AN ACT To authorize appropriations for fiscal years 2014 and 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2015 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Budgetary effects. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. TITLE II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. TITLE III—General provisions Subtitle A—General Matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. National intelligence strategy. Sec. 304. Software licensing. Sec. 305. Reporting of certain employment activities by former intelligence officers and employees. Sec. 306. Inclusion of Predominantly Black Institutions in intelligence officer training program. Sec. 307. Management and oversight of financial intelligence. Sec. 308. Analysis of private sector policies and procedures for countering insider threats. Sec. 309. Procedures for the retention of incidentally acquired communications. Sec. 310. Clarification of limitation of review to retaliatory security clearance or access determinations. Sec. 311. Feasibility study on consolidating classified databases of cyber threat indicators and malware samples. Sec. 312. Sense of Congress on cybersecurity threat and cybercrime cooperation with Ukraine. Sec. 313. Replacement of locally employed staff serving at United States diplomatic facilities in the Russian Federation. Sec. 314. Inclusion of Sensitive Compartmented Information Facilities in United States diplomatic facilities in the Russian Federation and adjacent countries. Subtitle B—Reporting Sec. 321. Report on declassification process. Sec. 322. Report on intelligence community efficient spending targets. Sec. 323. Annual report on violations of law or executive order. Sec. 324. Annual report on intelligence activities of the Department of Homeland Security. Sec. 325. Report on political prison camps in North Korea. Sec. 326. Assessment of security of domestic oil refineries and related rail transportation infrastructure. Sec. 327. Enhanced contractor level assessments for the intelligence community. Sec. 328. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing. Sec. 329. Report on foreign man-made electromagnetic pulse weapons. Sec. 330. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda and its affiliated or associated groups. Sec. 331. Feasibility study on retraining veterans in cybersecurity. 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) ). 3. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases The Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2015 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such Schedule for such element. (b) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 104. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2015 the sum of $507,400,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2016. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 794 positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2015 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2016. (2) Authorization of personnel In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). 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 2015 the sum of $514,000,000. 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. National intelligence strategy (a) In general Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ) is amended by inserting after section 108 the following: 108A. National intelligence strategy (a) In general Beginning in 2017, and once every 4 years thereafter, the Director of National Intelligence shall develop a comprehensive national intelligence strategy to meet national security objectives for the following 4-year period, or a longer period, if appropriate. (b) Requirements Each national intelligence strategy required by subsection (a) shall— (1) delineate a national intelligence strategy consistent with— (A) the most recent national security strategy report submitted pursuant to section 108; (B) the strategic plans of other relevant departments and agencies of the United States; and (C) other relevant national-level plans; (2) address matters related to national and military intelligence, including counterintelligence; (3) identify the major national security missions that the intelligence community is currently pursuing and will pursue in the future to meet the anticipated security environment; (4) describe how the intelligence community will utilize personnel, technology, partnerships, and other capabilities to pursue the major national security missions identified in paragraph (3); (5) assess current, emerging, and future threats to the intelligence community, including threats from foreign intelligence and security services and insider threats; (6) outline the organizational roles and missions of the elements of the intelligence community as part of an integrated enterprise to meet customer demands for intelligence products, services, and support; (7) identify sources of strategic, institutional, programmatic, fiscal, and technological risk; and (8) analyze factors that may affect the intelligence community’s performance in pursuing the major national security missions identified in paragraph (3) during the following 10-year period. (c) Submission to Congress The Director of National Intelligence shall submit to the congressional intelligence committees a report on each national intelligence strategy required by subsection (a) not later than 45 days after the date of the completion of such strategy. . (b) Table of contents amendments The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 108 the following new item: Sec. 108A. National intelligence strategy. . 304. Software licensing Section 109 of the National Security Act of 1947 ( 50 U.S.C. 3044 ) is amended— (1) in subsection (a)(2), by striking usage; and and inserting usage, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and ; (2) in subsection (b)— (A) in paragraph (1), by striking ; and and inserting a semicolon; (B) in paragraph (2), by striking usage. and inserting usage, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and ; and (C) by adding at the end the following new paragraph: (3) based on the assessment required under paragraph (2), make such recommendations with respect to software procurement and usage to the Director of National Intelligence as the Chief Information Officer considers appropriate. ; and (3) by adding at the end the following new subsection: (d) Implementation of recommendations Not later than 180 days after the date on which the Director of National Intelligence receives recommendations from the Chief Information Officer of the Intelligence Community in accordance with subsection (b)(3), the Director of National Intelligence shall, to the extent practicable, issue guidelines for the intelligence community on software procurement and usage based on such recommendations. . 305. Reporting of certain employment activities by former intelligence officers and employees (a) Restriction Title III of the National Security Act of 1947 ( 50 U.S.C. 3071 et seq. ) is amended by inserting after section 303 the following new section: 304. Reporting of certain employment activities by former intelligence officers and employees (a) In General The head of each element of the intelligence community shall issue regulations requiring each employee of such element occupying a covered position to sign a written agreement requiring the regular reporting of covered employment to the head of such element. (b) Agreement Elements The regulations required under subsection (a) shall provide that an agreement contain provisions requiring each employee occupying a covered position to, during the two-year period beginning on the date on which such employee ceases to occupy such covered position— (1) report covered employment to the head of the element of the intelligence community that employed such employee in such covered position upon accepting such covered employment; and (2) annually (or more frequently if the head of such element considers it appropriate) report covered employment to the head of such element. (c) Definitions In this section: (1) Covered employment The term covered employment means direct employment by, representation of, or the provision of advice relating to national security to the government of a foreign country or any person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country. (2) Covered position The term covered position means a position within an element of the intelligence community that, based on the level of access of a person occupying such position to information regarding sensitive intelligence sources or methods or other exceptionally sensitive matters, the head of such element determines should be subject to the requirements of this section. (3) Government of a foreign country The term government of a foreign country has the meaning given the term in section 1(e) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(e) ). . (b) Regulations and certification (1) Regulations Not later than 90 days after the date of the enactment of this Act, the head of each element of the intelligence community shall issue the regulations required under section 304 of the National Security Act of 1947, as added by subsection (a) of this section. (2) Certification Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees— (A) a certification that each head of an element of the intelligence community has prescribed the regulations required under section 304 of the National Security Act of 1947, as added by subsection (a) of this section; or (B) if the Director is unable to submit the certification described under subparagraph (A), an explanation as to why the Director is unable to submit such certification, including a designation of which heads of an element of the intelligence community have prescribed the regulations required under such section 304 and which have not. (c) Table of contents amendments The table of contents in the first section of the National Security Act of 1947 is amended— (1) by striking the second item relating to section 302 (Under Secretaries and Assistant Secretaries) and the items relating to sections 304, 305, and 306; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Reporting of certain employment activities by former intelligence officers and employees. . 306. Inclusion of Predominantly Black Institutions in intelligence officer training program Section 1024 of the National Security Act of 1947 ( 50 U.S.C. 3224 ) is amended— (1) in subsection (c)(1), by inserting and Predominantly Black Institutions after universities ; and (2) in subsection (g)— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: (4) Predominantly Black Institution The term Predominantly Black Institution has the meaning given the term in section 318 of the Higher education Act of 1965 ( 20 U.S.C. 1059e ). . 307. Management and oversight of financial intelligence (a) Requirement for plan Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall prepare a plan for management of the elements of the intelligence community that carry out financial intelligence activities. (b) Contents of plan The plan required by subsection (a) shall establish a governance framework, procedures for sharing and harmonizing the acquisition and use of financial analytic tools, standards for quality of analytic products, procedures for oversight and evaluation of resource allocations associated with the joint development of information sharing efforts and tools, and an education and training model for elements of the intelligence community that carry out financial intelligence activities. (c) Briefing to Congress Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall brief the congressional intelligence committees on the actions the Director proposes to implement the plan required by subsection (a). 308. Analysis of private sector policies and procedures for countering insider threats (a) Analysis Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the National Counterintelligence Executive, shall submit to the congressional intelligence committees an analysis of private sector policies and procedures for countering insider threats. (b) Content The analysis required by subsection (a) shall include— (1) a review of whether and how the intelligence community could utilize private sector hiring and human resources best practices to screen, vet, and validate the credentials, capabilities, and character of applicants for positions involving trusted access to sensitive information; (2) an analysis of private sector policies for holding supervisors and subordinates accountable for violations of established security protocols and whether the intelligence community should adopt similar policies for positions of trusted access to sensitive information; (3) an assessment of the feasibility and advisability of applying mandatory leave policies, similar to those endorsed by the Federal Deposit Insurance Corporation and the Securities and Exchange Commission to identify fraud in the financial services industry, to certain positions within the intelligence community; and (4) recommendations for how the intelligence community could utilize private sector risk indices, such as credit risk scores, to make determinations about employee access to sensitive information. 309. Procedures for the retention of incidentally acquired communications (a) Definitions In this section: (1) Covered communication The term covered communication means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage. (2) Head of an element of the intelligence community The term head of an element of the intelligence community means, as appropriate— (A) the head of an element of the intelligence community; or (B) the head of the department or agency containing such element. (3) United States person The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (b) Procedures for covered communications (1) Requirement to adopt Not later than 2 years after the date of the enactment of this Act each head of an element of the intelligence community shall adopt procedures approved by the Attorney General for such element that ensure compliance with the requirements of paragraph (3). (2) Coordination and approval The procedures required by paragraph (1) shall be— (A) prepared in coordination with the Director of National Intelligence; and (B) approved by the Attorney General prior to issuance. (3) Procedures (A) Application The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized by court order (including an order or certification issued by a court established under subsection (a) or (b) of section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 )), subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of a covered communication to or from a United States person and shall permit the acquisition, retention, and dissemination of covered communications subject to the limitation in subparagraph (B). (B) Limitation on retention A covered communication shall not be retained in excess of 5 years, unless— (i) the communication has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or is necessary to understand or assess foreign intelligence or counterintelligence; (ii) the communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency; (iii) the communication is enciphered or reasonably believed to have a secret meaning; (iv) all parties to the communication are reasonably believed to be non-United States persons; (v) retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause; (vi) retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to information retained for technical assurance or compliance purposes shall be reported to the congressional intelligence committees on an annual basis; or (vii) retention for a period in excess of 5 years is approved by the head of the element of the intelligence community responsible for such retention, based on a determination that retention is necessary to protect the national security of the United States, in which case the head of such element shall provide to the congressional intelligence committees a written certification describing— (I) the reasons extended retention is necessary to protect the national security of the United States; (II) the duration for which the head of the element is authorizing retention; (III) the particular information to be retained; and (IV) the measures the element of the intelligence community is taking to protect the privacy interests of United States persons or persons located inside the United States. 310. Clarification of limitation of review to retaliatory security clearance or access determinations Section 3001(b)(7) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b)(7) ) is amended— (1) in the matter preceding subparagraph (A), by striking 2014— and inserting 2014, and consistent with subsection (j)— ; (2) in subparagraph (A), by striking to appeal a determination to suspend or revoke a security clearance or access to classified information and inserting alleging reprisal for having made a protected disclosure (provided the individual does not disclose classified information or other information contrary to law) to appeal any action affecting an employee’s access to classified information ; and (3) in subparagraph (B), by striking information, inserting information following a protected disclosure, . 311. Feasibility study on consolidating classified databases of cyber threat indicators and malware samples (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Homeland Security, the Director of the National Security Agency, the Director of the Central Intelligence Agency, and the Director of the Federal Bureau of Investigation, shall conduct a feasibility study on consolidating classified databases of cyber threat indicators and malware samples in the intelligence community. (b) Elements The feasibility study required by subsection (a) shall include the following: (1) An inventory of classified databases of cyber threat indicators and malware samples in the intelligence community. (2) An assessment of actions that could be carried out to consolidate such databases to achieve the greatest possible information sharing within the intelligence community and cost savings for the Federal Government. (3) An assessment of any impediments to such consolidation. (4) An assessment of whether the Intelligence Community Information Technology Enterprise can support such consolidation. (c) Report to Congress Not later than 30 days after the date on which the Director of National Intelligence completes the feasibility study required by subsection (a), the Director shall submit to the congressional intelligence committees a written report that summarizes the feasibility study, including the information required under subsection (b). 312. Sense of Congress on cybersecurity threat and cybercrime cooperation with Ukraine It is the sense of Congress that— (1) cooperation between the intelligence and law enforcement agencies of the United States and Ukraine should be increased to improve cybersecurity policies between these two countries; (2) the United States should pursue improved extradition procedures among the Governments of the United States, Ukraine, and other countries from which cybercriminals target United States citizens and entities; (3) the President should— (A) initiate a round of formal United States-Ukraine bilateral talks on cybersecurity threat and cybercrime cooperation, with additional multilateral talks that include other law enforcement partners such as Europol and Interpol; and (B) work to obtain a commitment from the Government of Ukraine to end cybercrime directed at persons outside Ukraine and to work with the United States and other allies to deter and convict known cybercriminals; (4) the President should establish a capacity building program with the Government of Ukraine, which could include— (A) a joint effort to improve cyber capacity building, including intelligence and law enforcement services in Ukraine; (B) sending United States law enforcement agents to aid law enforcement agencies in Ukraine in investigating cybercrimes; and (C) agreements to improve communications networks to enhance law enforcement cooperation, such as a hotline directly connecting law enforcement agencies in the United States and Ukraine; and (5) the President should establish and maintain an intelligence and law enforcement cooperation scorecard with metrics designed to measure the number of instances that intelligence and law enforcement agencies in the United States request assistance from intelligence and law enforcement agencies in Ukraine and the number and type of responses received to such requests. 313. Replacement of locally employed staff serving at United States diplomatic facilities in the Russian Federation (a) Employment requirement (1) In general The Secretary of State shall ensure that, not later than one year after the date of the enactment of this Act, every supervisory position at a United States diplomatic facility in the Russian Federation shall be occupied by a citizen of the United States who has passed, and shall be subject to, a thorough background check. (2) Extension The Secretary of State may extend the deadline under paragraph (1) for up to one year by providing advance written notification and justification of such extension to the appropriate congressional committees. (3) Progress report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on progress made toward meeting the employment requirement under paragraph (1). (b) Plan for reduced use of locally employed staff Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with other appropriate government agencies, shall submit to the appropriate congressional committees a plan to further reduce the reliance on locally employed staff in United States diplomatic facilities in the Russian Federation. The plan shall, at a minimum, include cost estimates, timelines, and numbers of employees to be replaced. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional intelligence committees; (2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (d) Rule of construction Nothing in this section shall be construed to infringe on the power of the President, by and with the advice and consent of the Senate, to appoint ambassadors, other public ministers, and consuls.” 314. Inclusion of Sensitive Compartmented Information Facilities in United States diplomatic facilities in the Russian Federation and adjacent countries (a) Sensitive Compartmented Information Facility requirement Each United States diplomatic facility that, after the date of the enactment of this Act, is constructed in, or undergoes a construction upgrade in, the Russian Federation, any country that shares a land border with the Russian Federation, or any country that is a former member of the Soviet Union shall be constructed to include a Sensitive Compartmented Information Facility. (b) National security waiver The Secretary of State may waive the requirement under subsection (a) if the Secretary determines that such waiver is in the national security interest of the United States and submits a written justification to the appropriate congressional committees not later than 180 days before exercising such waiver. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional intelligence committees; (2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. B Reporting 321. Report on declassification process Not later than December 31, 2016, the Director of National Intelligence shall submit to Congress a report describing— (1) proposals to improve the declassification process throughout the intelligence community; and (2) steps the intelligence community could take, or legislation that may be necessary, to enable the National Declassification Center to better accomplish the missions assigned to the Center by Executive Order No. 13526 (75 Fed. Reg. 707). 322. Report on intelligence community efficient spending targets (a) In general Not later than April 1, 2016, and April 1, 2017, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the status and effectiveness of efforts to reduce administrative costs for the intelligence community during the preceding year. (b) Elements Each report under subsection (a) shall include for each element of the intelligence community the following: (1) A description of the status and effectiveness of efforts to devise alternatives to government travel and promote efficient travel spending, such as teleconferencing and video conferencing. (2) A description of the status and effectiveness of efforts to limit costs related to hosting and attending conferences. (3) A description of the status and effectiveness of efforts to assess information technology inventories and usage, and establish controls, to reduce costs related to underutilized information technology equipment, software, or services. (4) A description of the status and effectiveness of efforts to limit the publication and printing of hard copy documents. (5) A description of the status and effectiveness of efforts to improve the performance of Federal fleet motor vehicles and limit executive transportation. (6) A description of the status and effectiveness of efforts to limit the purchase of extraneous promotional items, such as plaques, clothing, and commemorative items. (7) A description of the status and effectiveness of efforts to consolidate and streamline workforce training programs to focus on the highest priority workforce and mission needs. (8) Such other matters relating to efforts to reduce intelligence community administrative costs as the Director may specify for purposes of this section. 323. Annual report on violations of law or executive order (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by adding at the end the following: 511. Annual report on violations of law or executive order (a) Annual reports required The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order relating to intelligence activities by personnel of an element of the intelligence community that were identified during the previous calendar year. (b) Elements Each report submitted under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 ( 50 U.S.C. 3001 note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of the employment of such personnel that, during the previous calendar year, was— (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the Department of Justice for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community. . (b) Initial report The first report required under section 511 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act. (c) Guidelines Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the head of each element of the intelligence community, shall— (1) issue guidelines to carry out section 511 of the National Security Act of 1947, as added by subsection (a); and (2) submit such guidelines to the congressional intelligence committees. (d) Table of contents amendment The table of sections in the first section of the National Security Act of 1947 is amended by adding after the item relating to section 510 the following new item: Sec. 511. Annual report on violations of law or executive order. . (e) Rule of construction Nothing in this section or the amendments made by this section shall be construed to alter any requirement existing on the date of the enactment of this Act to submit a report under any provision of law. 324. Annual report on intelligence activities of the Department of Homeland Security (a) In general For each fiscal year and along with the budget materials submitted in support of the budget of the Department of Homeland Security pursuant to section 1105(a) of title 31, United States Code, the Under Secretary for Intelligence and Analysis of the Department shall submit to the congressional intelligence committees a report for such fiscal year on each intelligence activity of each intelligence component of the Department, as designated by the Under Secretary, that includes the following: (1) The amount of funding requested for each such intelligence activity. (2) The number of full-time employees funded to perform each such intelligence activity. (3) The number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees) funded to perform or in support of each such intelligence activity. (4) A determination as to whether each such intelligence activity is predominantly in support of national intelligence or departmental missions. (5) The total number of analysts of the Intelligence Enterprise of the Department that perform— (A) strategic analysis; or (B) operational analysis. (b) Feasibility and advisability report Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Intelligence and Analysis, shall submit to the congressional intelligence committees a report that— (1) examines the feasibility and advisability of including the budget request for all intelligence activities of each intelligence component of the Department that predominantly support departmental missions, as designated by the Under Secretary for Intelligence and Analysis, in the Homeland Security Intelligence Program; and (2) includes a plan to enhance the coordination of department-wide intelligence activities to achieve greater efficiencies in the performance of the Department of Homeland Security intelligence functions. (c) Intelligence component of the Department In this section, the term intelligence component of the Department has the meaning given that term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). 325. Report on political prison camps in North Korea (a) In general The Director of National Intelligence, in consultation with the Secretary of State, shall submit to the congressional intelligence committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on political prison camps in North Korea. (b) Elements The report required by subsection (a) shall— (1) describe the actions the United States is taking to support implementation of the recommendations of the United Nations Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, including the eventual establishment of a tribunal to hold individuals accountable for abuses; and (2) include, with respect to each political prison camp in North Korea to the extent information is available— (A) the estimated prisoner population of each such camp; (B) the geographical coordinates of each such camp; (C) the reasons for confinement of the prisoners at each such camp; (D) a description of the primary industries and products made at each such camp, and the end users of any goods produced in such camp; (E) information regarding involvement of any non-North Korean entity or individual involved in the operations of each such camp, including as an end user or source of any good or products used in, or produced by, in such camp; (F) information identifying individuals and agencies responsible for conditions in each such camp at all levels of the Government of North Korea; (G) a description of the conditions under which prisoners are confined, with respect to the adequacy of food, shelter, medical care, working conditions, and reports of ill-treatment of prisoners, at each such camp; and (H) unclassified imagery, including satellite imagery, of each such camp. (c) Form The report required by subsection (a) shall be submitted in an unclassified form and may include a classified annex if necessary. 326. Assessment of security of domestic oil refineries and related rail transportation infrastructure (a) Assessment The Under Secretary of Homeland Security for Intelligence and Analysis shall conduct an intelligence assessment of the security of domestic oil refineries and related rail transportation infrastructure. (b) Submission Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to the congressional intelligence committees— (1) the results of the assessment required under subsection (a); and (2) any recommendations with respect to intelligence sharing or intelligence collection to improve the security of domestic oil refineries and related rail transportation infrastructure to protect the communities surrounding such refineries or such infrastructure from potential harm that the Under Secretary considers appropriate. 327. Enhanced contractor level assessments for the intelligence community Section 506B(c) of the National Security Act of 1947 ( 50 U.S.C. 3098(c) ) is amended— (1) in paragraph (11), by striking or contracted ; (2) by redesignating paragraph (12) as paragraph (13); and (3) by inserting after paragraph (11) the following: (12) The best estimate of the number of intelligence collectors and analysts contracted by each element of the intelligence community and a description of the functions performed by such contractors. . 328. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis, in consultation with the Director of the Federal Bureau of Investigation and the Program Manager of the Information Sharing Environment, shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives an assessment of the efficacy of the memoranda of understanding signed between Federal, State, local, tribal, and territorial agencies to facilitate intelligence-sharing within and separate from the Joint Terrorism Task Force. Such assessment shall include— (1) any language within such memoranda of understanding that prohibited or may be construed to prohibit intelligence-sharing between Federal, State, local, tribal, and territorial agencies; and (2) any recommendations for memoranda of understanding to better facilitate intelligence-sharing between Federal, State, local, tribal, and territorial agencies. 329. Report on foreign man-made electromagnetic pulse weapons (a) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the threat posed by man-made electromagnetic pulse weapons to United States interests through 2025, including threats from foreign countries and foreign non-State actors. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 330. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda and its affiliated or associated groups (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a comprehensive report on the United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda and its affiliated or associated groups. (2) Coordination The report required by paragraph (1) shall be prepared in coordination with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Secretary of Defense, and the head of any other department or agency of the United States Government that has responsibility for activities directed at combating al-Qaeda and its affiliated or associated groups. (3) Elements The report required by paragraph (1) shall include the following: (A) A definition of— (i) al-Qaeda core, including a list of which known individuals constitute al-Qaeda core; (ii) an affiliated group of al-Qaeda, including a list of which known groups constitute an affiliate group of al-Qaeda; (iii) an associated group of al-Qaeda, including a list of which known groups constitute an associated group of al-Qaeda; and (iv) a group aligned with al-Qaeda, including a description of what actions a group takes or statements it makes that qualify it as a group aligned with al-Qaeda. (B) A list of any other group, including the organization that calls itself the Islamic State (also known as ISIS or ISIL ), that adheres to the core mission of al-Qaeda, or who espouses the same violent jihad ideology as al-Qaeda. (C) An assessment of the relationship between al-Qaeda core and the groups referred to in subparagraph (B). (D) An assessment of the strengthening or weakening of al-Qaeda and the groups referred to in subparagraph (B) from January 1, 2010, to the present, including a description of the metrics that are used to assess strengthening or weakening and an assessment of the relative increase or decrease in violent attacks attributed to such entities. (E) An assessment of whether or not an individual can be a member of al-Qaeda core if such individual is not located in Afghanistan or Pakistan. (F) An assessment of whether or not an individual can be a member of al-Qaeda core as well as a member of a group referred to in subparagraph (B). (G) A definition of defeat of core al-Qaeda. (H) An assessment of the extent or coordination, command, and control between core al-Qaeda and the groups referred to in subparagraph (B), specifically addressing each such group. (I) An assessment of the effectiveness of counterterrorism operations against core al-Qaeda and the groups referred to in subparagraph (B), and whether such operations have had a sustained impact on the capabilities and effectiveness of core al-Qaeda and such groups. (4) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (3) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. 331. Feasibility study on retraining veterans in cybersecurity Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall submit to Congress a feasibility study on retraining veterans and retired members of elements of the intelligence community in cybersecurity.

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

tv_txt: 113th CONGRESS 2d Session H.R. 4681 In the Senate of the United States, December 9, 2014. Amendment:

That the bill from the House of Representatives (H.R. 4681) entitled An Act to authorize appropriations for fiscal years 2014 and 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. , do pass with the following Strike all after the enacting clause and insert the following: 1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2015 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Budgetary effects. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. TITLE II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. TITLE III—General provisions Subtitle A—General Matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. National intelligence strategy. Sec. 304. Software licensing. Sec. 305. Reporting of certain employment activities by former intelligence officers and employees. Sec. 306. Inclusion of Predominantly Black Institutions in intelligence officer training program. Sec. 307. Management and oversight of financial intelligence. Sec. 308. Analysis of private sector policies and procedures for countering insider threats. Sec. 309. Procedures for the retention of incidentally acquired communications. Sec. 310. Clarification of limitation of review to retaliatory security clearance or access determinations. Sec. 311. Feasibility study on consolidating classified databases of cyber threat indicators and malware samples. Sec. 312. Sense of Congress on cybersecurity threat and cybercrime cooperation with Ukraine. Sec. 313. Replacement of locally employed staff serving at United States diplomatic facilities in the Russian Federation. Sec. 314. Inclusion of Sensitive Compartmented Information Facilities in United States diplomatic facilities in the Russian Federation and adjacent countries. Subtitle B—Reporting Sec. 321. Report on declassification process. Sec. 322. Report on intelligence community efficient spending targets. Sec. 323. Annual report on violations of law or executive order. Sec. 324. Annual report on intelligence activities of the Department of Homeland Security. Sec. 325. Report on political prison camps in North Korea. Sec. 326. Assessment of security of domestic oil refineries and related rail transportation infrastructure. Sec. 327. Enhanced contractor level assessments for the intelligence community. Sec. 328. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing. Sec. 329. Report on foreign man-made electromagnetic pulse weapons. Sec. 330. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda and its affiliated or associated groups. Sec. 331. Feasibility study on retraining veterans in cybersecurity. 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) ). 3. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases The Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2015 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such Schedule for such element. (b) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 104. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2015 the sum of $507,400,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2016. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 794 positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2015 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2016. (2) Authorization of personnel In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). 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 2015 the sum of $514,000,000. 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. National intelligence strategy (a) In general Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ) is amended by inserting after section 108 the following: 108A. National intelligence strategy (a) In general Beginning in 2017, and once every 4 years thereafter, the Director of National Intelligence shall develop a comprehensive national intelligence strategy to meet national security objectives for the following 4-year period, or a longer period, if appropriate. (b) Requirements Each national intelligence strategy required by subsection (a) shall— (1) delineate a national intelligence strategy consistent with— (A) the most recent national security strategy report submitted pursuant to section 108; (B) the strategic plans of other relevant departments and agencies of the United States; and (C) other relevant national-level plans; (2) address matters related to national and military intelligence, including counterintelligence; (3) identify the major national security missions that the intelligence community is currently pursuing and will pursue in the future to meet the anticipated security environment; (4) describe how the intelligence community will utilize personnel, technology, partnerships, and other capabilities to pursue the major national security missions identified in paragraph (3); (5) assess current, emerging, and future threats to the intelligence community, including threats from foreign intelligence and security services and insider threats; (6) outline the organizational roles and missions of the elements of the intelligence community as part of an integrated enterprise to meet customer demands for intelligence products, services, and support; (7) identify sources of strategic, institutional, programmatic, fiscal, and technological risk; and (8) analyze factors that may affect the intelligence community’s performance in pursuing the major national security missions identified in paragraph (3) during the following 10-year period. (c) Submission to Congress The Director of National Intelligence shall submit to the congressional intelligence committees a report on each national intelligence strategy required by subsection (a) not later than 45 days after the date of the completion of such strategy. . (b) Table of contents amendments The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 108 the following new item: Sec. 108A. National intelligence strategy. . 304. Software licensing Section 109 of the National Security Act of 1947 ( 50 U.S.C. 3044 ) is amended— (1) in subsection (a)(2), by striking usage; and and inserting usage, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and ; (2) in subsection (b)— (A) in paragraph (1), by striking ; and and inserting a semicolon; (B) in paragraph (2), by striking usage. and inserting usage, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and ; and (C) by adding at the end the following new paragraph: (3) based on the assessment required under paragraph (2), make such recommendations with respect to software procurement and usage to the Director of National Intelligence as the Chief Information Officer considers appropriate. ; and (3) by adding at the end the following new subsection: (d) Implementation of recommendations Not later than 180 days after the date on which the Director of National Intelligence receives recommendations from the Chief Information Officer of the Intelligence Community in accordance with subsection (b)(3), the Director of National Intelligence shall, to the extent practicable, issue guidelines for the intelligence community on software procurement and usage based on such recommendations. . 305. Reporting of certain employment activities by former intelligence officers and employees (a) Restriction Title III of the National Security Act of 1947 ( 50 U.S.C. 3071 et seq. ) is amended by inserting after section 303 the following new section: 304. Reporting of certain employment activities by former intelligence officers and employees (a) In General The head of each element of the intelligence community shall issue regulations requiring each employee of such element occupying a covered position to sign a written agreement requiring the regular reporting of covered employment to the head of such element. (b) Agreement Elements The regulations required under subsection (a) shall provide that an agreement contain provisions requiring each employee occupying a covered position to, during the two-year period beginning on the date on which such employee ceases to occupy such covered position— (1) report covered employment to the head of the element of the intelligence community that employed such employee in such covered position upon accepting such covered employment; and (2) annually (or more frequently if the head of such element considers it appropriate) report covered employment to the head of such element. (c) Definitions In this section: (1) Covered employment The term covered employment means direct employment by, representation of, or the provision of advice relating to national security to the government of a foreign country or any person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country. (2) Covered position The term covered position means a position within an element of the intelligence community that, based on the level of access of a person occupying such position to information regarding sensitive intelligence sources or methods or other exceptionally sensitive matters, the head of such element determines should be subject to the requirements of this section. (3) Government of a foreign country The term government of a foreign country has the meaning given the term in section 1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(e)). . (b) Regulations and certification (1) Regulations Not later than 90 days after the date of the enactment of this Act, the head of each element of the intelligence community shall issue the regulations required under section 304 of the National Security Act of 1947, as added by subsection (a) of this section. (2) Certification Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees— (A) a certification that each head of an element of the intelligence community has prescribed the regulations required under section 304 of the National Security Act of 1947, as added by subsection (a) of this section; or (B) if the Director is unable to submit the certification described under subparagraph (A), an explanation as to why the Director is unable to submit such certification, including a designation of which heads of an element of the intelligence community have prescribed the regulations required under such section 304 and which have not. (c) Table of contents amendments The table of contents in the first section of the National Security Act of 1947 is amended— (1) by striking the second item relating to section 302 (Under Secretaries and Assistant Secretaries) and the items relating to sections 304, 305, and 306; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Reporting of certain employment activities by former intelligence officers and employees. . 306. Inclusion of Predominantly Black Institutions in intelligence officer training program Section 1024 of the National Security Act of 1947 ( 50 U.S.C. 3224 ) is amended— (1) in subsection (c)(1), by inserting and Predominantly Black Institutions after universities ; and (2) in subsection (g)— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: (4) Predominantly Black Institution The term Predominantly Black Institution has the meaning given the term in section 318 of the Higher education Act of 1965 ( 20 U.S.C. 1059e ). . 307. Management and oversight of financial intelligence (a) Requirement for plan Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall prepare a plan for management of the elements of the intelligence community that carry out financial intelligence activities. (b) Contents of plan The plan required by subsection (a) shall establish a governance framework, procedures for sharing and harmonizing the acquisition and use of financial analytic tools, standards for quality of analytic products, procedures for oversight and evaluation of resource allocations associated with the joint development of information sharing efforts and tools, and an education and training model for elements of the intelligence community that carry out financial intelligence activities. (c) Briefing to Congress Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall brief the congressional intelligence committees on the actions the Director proposes to implement the plan required by subsection (a). 308. Analysis of private sector policies and procedures for countering insider threats (a) Analysis Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the National Counterintelligence Executive, shall submit to the congressional intelligence committees an analysis of private sector policies and procedures for countering insider threats. (b) Content The analysis required by subsection (a) shall include— (1) a review of whether and how the intelligence community could utilize private sector hiring and human resources best practices to screen, vet, and validate the credentials, capabilities, and character of applicants for positions involving trusted access to sensitive information; (2) an analysis of private sector policies for holding supervisors and subordinates accountable for violations of established security protocols and whether the intelligence community should adopt similar policies for positions of trusted access to sensitive information; (3) an assessment of the feasibility and advisability of applying mandatory leave policies, similar to those endorsed by the Federal Deposit Insurance Corporation and the Securities and Exchange Commission to identify fraud in the financial services industry, to certain positions within the intelligence community; and (4) recommendations for how the intelligence community could utilize private sector risk indices, such as credit risk scores, to make determinations about employee access to sensitive information. 309. Procedures for the retention of incidentally acquired communications (a) Definitions In this section: (1) Covered communication The term covered communication means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage. (2) Head of an element of the intelligence community The term head of an element of the intelligence community means, as appropriate— (A) the head of an element of the intelligence community; or (B) the head of the department or agency containing such element. (3) United States person The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (b) Procedures for covered communications (1) Requirement to adopt Not later than 2 years after the date of the enactment of this Act each head of an element of the intelligence community shall adopt procedures approved by the Attorney General for such element that ensure compliance with the requirements of paragraph (3). (2) Coordination and approval The procedures required by paragraph (1) shall be— (A) prepared in coordination with the Director of National Intelligence; and (B) approved by the Attorney General prior to issuance. (3) Procedures (A) Application The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized by court order (including an order or certification issued by a court established under subsection (a) or (b) of section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 )), subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of a covered communication to or from a United States person and shall permit the acquisition, retention, and dissemination of covered communications subject to the limitation in subparagraph (B). (B) Limitation on retention A covered communication shall not be retained in excess of 5 years, unless— (i) the communication has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or is necessary to understand or assess foreign intelligence or counterintelligence; (ii) the communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency; (iii) the communication is enciphered or reasonably believed to have a secret meaning; (iv) all parties to the communication are reasonably believed to be non-United States persons; (v) retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause; (vi) retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to information retained for technical assurance or compliance purposes shall be reported to the congressional intelligence committees on an annual basis; or (vii) retention for a period in excess of 5 years is approved by the head of the element of the intelligence community responsible for such retention, based on a determination that retention is necessary to protect the national security of the United States, in which case the head of such element shall provide to the congressional intelligence committees a written certification describing— (I) the reasons extended retention is necessary to protect the national security of the United States; (II) the duration for which the head of the element is authorizing retention; (III) the particular information to be retained; and (IV) the measures the element of the intelligence community is taking to protect the privacy interests of United States persons or persons located inside the United States. 310. Clarification of limitation of review to retaliatory security clearance or access determinations Section 3001(b)(7) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)(7)) is amended— (1) in the matter preceding subparagraph (A), by striking 2014— and inserting 2014, and consistent with subsection (j)— ; (2) in subparagraph (A), by striking to appeal a determination to suspend or revoke a security clearance or access to classified information and inserting alleging reprisal for having made a protected disclosure (provided the individual does not disclose classified information or other information contrary to law) to appeal any action affecting an employee’s access to classified information ; and (3) in subparagraph (B), by striking information, inserting information following a protected disclosure, . 311. Feasibility study on consolidating classified databases of cyber threat indicators and malware samples (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Homeland Security, the Director of the National Security Agency, the Director of the Central Intelligence Agency, and the Director of the Federal Bureau of Investigation, shall conduct a feasibility study on consolidating classified databases of cyber threat indicators and malware samples in the intelligence community. (b) Elements The feasibility study required by subsection (a) shall include the following: (1) An inventory of classified databases of cyber threat indicators and malware samples in the intelligence community. (2) An assessment of actions that could be carried out to consolidate such databases to achieve the greatest possible information sharing within the intelligence community and cost savings for the Federal Government. (3) An assessment of any impediments to such consolidation. (4) An assessment of whether the Intelligence Community Information Technology Enterprise can support such consolidation. (c) Report to Congress Not later than 30 days after the date on which the Director of National Intelligence completes the feasibility study required by subsection (a), the Director shall submit to the congressional intelligence committees a written report that summarizes the feasibility study, including the information required under subsection (b). 312. Sense of Congress on cybersecurity threat and cybercrime cooperation with Ukraine It is the sense of Congress that— (1) cooperation between the intelligence and law enforcement agencies of the United States and Ukraine should be increased to improve cybersecurity policies between these two countries; (2) the United States should pursue improved extradition procedures among the Governments of the United States, Ukraine, and other countries from which cybercriminals target United States citizens and entities; (3) the President should— (A) initiate a round of formal United States-Ukraine bilateral talks on cybersecurity threat and cybercrime cooperation, with additional multilateral talks that include other law enforcement partners such as Europol and Interpol; and (B) work to obtain a commitment from the Government of Ukraine to end cybercrime directed at persons outside Ukraine and to work with the United States and other allies to deter and convict known cybercriminals; (4) the President should establish a capacity building program with the Government of Ukraine, which could include— (A) a joint effort to improve cyber capacity building, including intelligence and law enforcement services in Ukraine; (B) sending United States law enforcement agents to aid law enforcement agencies in Ukraine in investigating cybercrimes; and (C) agreements to improve communications networks to enhance law enforcement cooperation, such as a hotline directly connecting law enforcement agencies in the United States and Ukraine; and (5) the President should establish and maintain an intelligence and law enforcement cooperation scorecard with metrics designed to measure the number of instances that intelligence and law enforcement agencies in the United States request assistance from intelligence and law enforcement agencies in Ukraine and the number and type of responses received to such requests. 313. Replacement of locally employed staff serving at United States diplomatic facilities in the Russian Federation (a) Employment requirement (1) In general The Secretary of State shall ensure that, not later than one year after the date of the enactment of this Act, every supervisory position at a United States diplomatic facility in the Russian Federation shall be occupied by a citizen of the United States who has passed, and shall be subject to, a thorough background check. (2) Extension The Secretary of State may extend the deadline under paragraph (1) for up to one year by providing advance written notification and justification of such extension to the appropriate congressional committees. (3) Progress report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on progress made toward meeting the employment requirement under paragraph (1). (b) Plan for reduced use of locally employed staff Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with other appropriate government agencies, shall submit to the appropriate congressional committees a plan to further reduce the reliance on locally employed staff in United States diplomatic facilities in the Russian Federation. The plan shall, at a minimum, include cost estimates, timelines, and numbers of employees to be replaced. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional intelligence committees; (2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (d) Rule of construction Nothing in this section shall be construed to infringe on the power of the President, by and with the advice and consent of the Senate, to appoint ambassadors, other public ministers, and consuls.” 314. Inclusion of Sensitive Compartmented Information Facilities in United States diplomatic facilities in the Russian Federation and adjacent countries (a) Sensitive Compartmented Information Facility requirement Each United States diplomatic facility that, after the date of the enactment of this Act, is constructed in, or undergoes a construction upgrade in, the Russian Federation, any country that shares a land border with the Russian Federation, or any country that is a former member of the Soviet Union shall be constructed to include a Sensitive Compartmented Information Facility. (b) National security waiver The Secretary of State may waive the requirement under subsection (a) if the Secretary determines that such waiver is in the national security interest of the United States and submits a written justification to the appropriate congressional committees not later than 180 days before exercising such waiver. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the congressional intelligence committees; (2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. B Reporting 321. Report on declassification process Not later than December 31, 2016, the Director of National Intelligence shall submit to Congress a report describing— (1) proposals to improve the declassification process throughout the intelligence community; and (2) steps the intelligence community could take, or legislation that may be necessary, to enable the National Declassification Center to better accomplish the missions assigned to the Center by Executive Order No. 13526 (75 Fed. Reg. 707). 322. Report on intelligence community efficient spending targets (a) In general Not later than April 1, 2016, and April 1, 2017, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the status and effectiveness of efforts to reduce administrative costs for the intelligence community during the preceding year. (b) Elements Each report under subsection (a) shall include for each element of the intelligence community the following: (1) A description of the status and effectiveness of efforts to devise alternatives to government travel and promote efficient travel spending, such as teleconferencing and video conferencing. (2) A description of the status and effectiveness of efforts to limit costs related to hosting and attending conferences. (3) A description of the status and effectiveness of efforts to assess information technology inventories and usage, and establish controls, to reduce costs related to underutilized information technology equipment, software, or services. (4) A description of the status and effectiveness of efforts to limit the publication and printing of hard copy documents. (5) A description of the status and effectiveness of efforts to improve the performance of Federal fleet motor vehicles and limit executive transportation. (6) A description of the status and effectiveness of efforts to limit the purchase of extraneous promotional items, such as plaques, clothing, and commemorative items. (7) A description of the status and effectiveness of efforts to consolidate and streamline workforce training programs to focus on the highest priority workforce and mission needs. (8) Such other matters relating to efforts to reduce intelligence community administrative costs as the Director may specify for purposes of this section. 323. Annual report on violations of law or executive order (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by adding at the end the following: 511. Annual report on violations of law or executive order (a) Annual reports required The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order relating to intelligence activities by personnel of an element of the intelligence community that were identified during the previous calendar year. (b) Elements Each report submitted under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 ( 50 U.S.C. 3001 note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of the employment of such personnel that, during the previous calendar year, was— (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the Department of Justice for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community. . (b) Initial report The first report required under section 511 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act. (c) Guidelines Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the head of each element of the intelligence community, shall— (1) issue guidelines to carry out section 511 of the National Security Act of 1947, as added by subsection (a); and (2) submit such guidelines to the congressional intelligence committees. (d) Table of contents amendment The table of sections in the first section of the National Security Act of 1947 is amended by adding after the item relating to section 510 the following new item: Sec. 511. Annual report on violations of law or executive order. . (e) Rule of construction Nothing in this section or the amendments made by this section shall be construed to alter any requirement existing on the date of the enactment of this Act to submit a report under any provision of law. 324. Annual report on intelligence activities of the Department of Homeland Security (a) In general For each fiscal year and along with the budget materials submitted in support of the budget of the Department of Homeland Security pursuant to section 1105(a) of title 31, United States Code, the Under Secretary for Intelligence and Analysis of the Department shall submit to the congressional intelligence committees a report for such fiscal year on each intelligence activity of each intelligence component of the Department, as designated by the Under Secretary, that includes the following: (1) The amount of funding requested for each such intelligence activity. (2) The number of full-time employees funded to perform each such intelligence activity. (3) The number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees) funded to perform or in support of each such intelligence activity. (4) A determination as to whether each such intelligence activity is predominantly in support of national intelligence or departmental missions. (5) The total number of analysts of the Intelligence Enterprise of the Department that perform— (A) strategic analysis; or (B) operational analysis. (b) Feasibility and advisability report Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Intelligence and Analysis, shall submit to the congressional intelligence committees a report that— (1) examines the feasibility and advisability of including the budget request for all intelligence activities of each intelligence component of the Department that predominantly support departmental missions, as designated by the Under Secretary for Intelligence and Analysis, in the Homeland Security Intelligence Program; and (2) includes a plan to enhance the coordination of department-wide intelligence activities to achieve greater efficiencies in the performance of the Department of Homeland Security intelligence functions. (c) Intelligence component of the Department In this section, the term intelligence component of the Department has the meaning given that term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). 325. Report on political prison camps in North Korea (a) In general The Director of National Intelligence, in consultation with the Secretary of State, shall submit to the congressional intelligence committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on political prison camps in North Korea. (b) Elements The report required by subsection (a) shall— (1) describe the actions the United States is taking to support implementation of the recommendations of the United Nations Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, including the eventual establishment of a tribunal to hold individuals accountable for abuses; and (2) include, with respect to each political prison camp in North Korea to the extent information is available— (A) the estimated prisoner population of each such camp; (B) the geographical coordinates of each such camp; (C) the reasons for confinement of the prisoners at each such camp; (D) a description of the primary industries and products made at each such camp, and the end users of any goods produced in such camp; (E) information regarding involvement of any non-North Korean entity or individual involved in the operations of each such camp, including as an end user or source of any good or products used in, or produced by, in such camp; (F) information identifying individuals and agencies responsible for conditions in each such camp at all levels of the Government of North Korea; (G) a description of the conditions under which prisoners are confined, with respect to the adequacy of food, shelter, medical care, working conditions, and reports of ill-treatment of prisoners, at each such camp; and (H) unclassified imagery, including satellite imagery, of each such camp. (c) Form The report required by subsection (a) shall be submitted in an unclassified form and may include a classified annex if necessary. 326. Assessment of security of domestic oil refineries and related rail transportation infrastructure (a) Assessment The Under Secretary of Homeland Security for Intelligence and Analysis shall conduct an intelligence assessment of the security of domestic oil refineries and related rail transportation infrastructure. (b) Submission Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to the congressional intelligence committees— (1) the results of the assessment required under subsection (a); and (2) any recommendations with respect to intelligence sharing or intelligence collection to improve the security of domestic oil refineries and related rail transportation infrastructure to protect the communities surrounding such refineries or such infrastructure from potential harm that the Under Secretary considers appropriate. 327. Enhanced contractor level assessments for the intelligence community Section 506B(c) of the National Security Act of 1947 ( 50 U.S.C. 3098(c) ) is amended— (1) in paragraph (11), by striking or contracted ; (2) by redesignating paragraph (12) as paragraph (13); and (3) by inserting after paragraph (11) the following: (12) The best estimate of the number of intelligence collectors and analysts contracted by each element of the intelligence community and a description of the functions performed by such contractors. . 328. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis, in consultation with the Director of the Federal Bureau of Investigation and the Program Manager of the Information Sharing Environment, shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives an assessment of the efficacy of the memoranda of understanding signed between Federal, State, local, tribal, and territorial agencies to facilitate intelligence-sharing within and separate from the Joint Terrorism Task Force. Such assessment shall include— (1) any language within such memoranda of understanding that prohibited or may be construed to prohibit intelligence-sharing between Federal, State, local, tribal, and territorial agencies; and (2) any recommendations for memoranda of understanding to better facilitate intelligence-sharing between Federal, State, local, tribal, and territorial agencies. 329. Report on foreign man-made electromagnetic pulse weapons (a) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the threat posed by man-made electromagnetic pulse weapons to United States interests through 2025, including threats from foreign countries and foreign non-State actors. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 330. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda and its affiliated or associated groups (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a comprehensive report on the United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda and its affiliated or associated groups. (2) Coordination The report required by paragraph (1) shall be prepared in coordination with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Secretary of Defense, and the head of any other department or agency of the United States Government that has responsibility for activities directed at combating al-Qaeda and its affiliated or associated groups. (3) Elements The report required by paragraph (1) shall include the following: (A) A definition of— (i) al-Qaeda core, including a list of which known individuals constitute al-Qaeda core; (ii) an affiliated group of al-Qaeda, including a list of which known groups constitute an affiliate group of al-Qaeda; (iii) an associated group of al-Qaeda, including a list of which known groups constitute an associated group of al-Qaeda; and (iv) a group aligned with al-Qaeda, including a description of what actions a group takes or statements it makes that qualify it as a group aligned with al-Qaeda. (B) A list of any other group, including the organization that calls itself the Islamic State (also known as ISIS or ISIL ), that adheres to the core mission of al-Qaeda, or who espouses the same violent jihad ideology as al-Qaeda. (C) An assessment of the relationship between al-Qaeda core and the groups referred to in subparagraph (B). (D) An assessment of the strengthening or weakening of al-Qaeda and the groups referred to in subparagraph (B) from January 1, 2010, to the present, including a description of the metrics that are used to assess strengthening or weakening and an assessment of the relative increase or decrease in violent attacks attributed to such entities. (E) An assessment of whether or not an individual can be a member of al-Qaeda core if such individual is not located in Afghanistan or Pakistan. (F) An assessment of whether or not an individual can be a member of al-Qaeda core as well as a member of a group referred to in subparagraph (B). (G) A definition of defeat of core al-Qaeda. (H) An assessment of the extent or coordination, command, and control between core al-Qaeda and the groups referred to in subparagraph (B), specifically addressing each such group. (I) An assessment of the effectiveness of counterterrorism operations against core al-Qaeda and the groups referred to in subparagraph (B), and whether such operations have had a sustained impact on the capabilities and effectiveness of core al-Qaeda and such groups. (4) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (3) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. 331. Feasibility study on retraining veterans in cybersecurity Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall submit to Congress a feasibility study on retraining veterans and retired members of elements of the intelligence community in cybersecurity.

Secretary