S1681 ENR: Intelligence Authorization Act for Fiscal Year 2014
U.S. Senate
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of contents(a)This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2014
.(b)The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.TITLE I—Intelligence activitiesSec. 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 SystemSec. 201. Authorization of appropriations.Sec. 202. CIARDS and FERS special retirement credit for service on detail to another agency.TITLE III—General provisionsSubtitle A—General mattersSec. 301. Increase in employee compensation and benefits authorized by law.Sec. 302. Restriction on conduct of intelligence activities.Sec. 303. Specific authorization of funding for High Performance Computing Center 2.Sec. 304. Clarification of exemption from Freedom of Information Act of identities of employees
submitting complaints to the Inspector General of the Intelligence
Community.Sec. 305. Functional managers for the intelligence community.Sec. 306. Annual assessment of intelligence community performance by function.Sec. 307. Software licensing.Sec. 308. Plans to respond to unauthorized public disclosures of covert actions.Sec. 309. Auditability.Sec. 310. Reports of fraud, waste, and abuse.Sec. 311. Public Interest Declassification Board.Sec. 312. Official representation items in support of the Coast Guard Attaché Program.Sec. 313. Declassification review of certain items collected during the mission that killed Osama
bin Laden on May 1, 2011.Sec. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence
Program.Subtitle B—ReportingSec. 321. Significant interpretations of law concerning intelligence activities.Sec. 322. Review for official publication of opinions of the Office of Legal Counsel of the
Department of Justice concerning intelligence activities.Sec. 323. Submittal to Congress by heads of elements of intelligence community of plans for orderly
shutdown in event of absence of appropriations.Sec. 324. Reports on chemical weapons in Syria.Sec. 325. Reports to the intelligence community on penetrations of networks and information systems
of certain contractors.Sec. 326. Report on electronic waste.Sec. 327. Promoting STEM education to meet the future workforce needs of the intelligence
community.Sec. 328. Repeal of the termination of notification requirements regarding the authorized
disclosure of national intelligence.Sec. 329. Repeal or modification of certain reporting requirements.TITLE IV—Matters relating to elements of the intelligence communitySubtitle A—National Security AgencySec. 401. Appointment of the Director of the National Security Agency.Sec. 402. Appointment of the Inspector General of the National Security Agency.Sec. 403. Effective date and applicability.Subtitle B—National Reconnaissance Office Sec. 411. Appointment of the Director of the National Reconnaissance Office.Sec. 412. Appointment of the Inspector General of the National Reconnaissance Office.Sec. 413. Effective date and applicability.Subtitle C—Central Intelligence AgencySec. 421. Gifts, devises, and bequests.TITLE V—Security clearance reformSec. 501. Continuous evaluation and sharing of derogatory information regarding personnel with
access to classified information.Sec. 502. Requirements for intelligence community contractors.Sec. 503. Technology improvements to security clearance processing.Sec. 504. Report on reciprocity of security clearances.Sec. 505. Improving the periodic reinvestigation process.Sec. 506. Appropriate committees of Congress defined.TITLE VI—Intelligence community whistleblower protectionsSec. 601. Protection of intelligence community whistleblowers.Sec. 602. Review of security clearance or access determinations.Sec. 603. Revisions of other laws.Sec. 604. Policies and procedures; nonapplicability to certain terminations.TITLE VII—Technical amendmentsSec. 701. Technical amendments to the Central Intelligence Agency Act of 1949.Sec. 702. Technical amendments to the National Security Act of 1947 relating to the past
elimination of certain positions.Sec. 703. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013.2.In this Act:(1)Congressional intelligence committeesThe 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)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)).I101.Authorization of appropriationsFunds are hereby authorized to be appropriated for fiscal year 2014 for the conduct of the
intelligence and intelligence-related activities of the following elements
of the United States Government:(1)The Office of the Director of National Intelligence.(2)The Central Intelligence Agency.(3)The Department of Defense.(4)The Defense Intelligence Agency.(5)The National Security Agency.(6)The Department of the Army, the Department of the Navy, and the Department of the Air Force.(7)The Coast Guard.(8)The Department of State.(9)The Department of the Treasury.(10)The Department of Energy.(11)The Department of Justice.(12)The Federal Bureau of Investigation.(13)The Drug Enforcement Administration.(14)The National Reconnaissance Office.(15)The National Geospatial-Intelligence Agency.(16)The Department of Homeland Security.102.Classified Schedule of Authorizations(a)Specifications of amounts and personnel levelsThe amounts authorized to be appropriated under section 101 and, subject to section 103, the
authorized personnel ceilings as of September 30, 2014, for the conduct of
the intelligence activities of the elements listed in paragraphs (1)
through (16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany the bill S. 1681 of the
One Hundred Thirteenth Congress.(b)Availability of classified Schedule of Authorizations(1)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 PresidentSubject 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)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)The Director of National Intelligence may authorize employment of civilian personnel in excess of
the number authorized for fiscal year 2014 by the classified Schedule of
Authorizations referred to in section 102(a) if the Director of National
Intelligence determines that such action is necessary to the performance
of important intelligence functions, except that the number of personnel
employed in excess of the number authorized under such section may not,
for any element of the intelligence community, exceed 3 percent of the
number of civilian personnel authorized under such Schedule for such
element.(b)Treatment of certain personnelThe 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 committeesThe 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 appropriationsThere is authorized to be appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2014 the sum of
$528,229,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in
section 102(a) for advanced research and development shall remain
available until September 30, 2015.(b)Authorized personnel levelsThe elements within the Intelligence Community Management Account of the Director of National
Intelligence are authorized 855 positions as of September 30, 2014.
Personnel serving in such elements may be permanent employees
of the Office of the Director of National Intelligence or personnel
detailed from other elements of the United States Government.(c)Classified authorizations(1)Authorization of appropriationsIn addition to amounts authorized to be appropriated for the Intelligence Community Management
Account by subsection (a), there are authorized to be appropriated for the
Community Management Account for fiscal year 2014 such additional amounts
as are specified in the classified Schedule of Authorizations referred to
in section 102(a). Such additional amounts for advanced research and
development shall remain available until September 30, 2015.(2)Authorization of personnelIn 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).IICentral Intelligence Agency Retirement and Disability System201.Authorization of appropriationsThere is authorized to be appropriated for the Central Intelligence Agency Retirement and
Disability Fund for fiscal year 2014 the sum of $514,000,000.202.CIARDS and FERS special retirement credit for service on detail to another agency(a)Section 203(b) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013(b)) is amended—(1)in the matter preceding paragraph (1), by striking service in the Agency performed
and inserting service performed by an Agency employee
; and(2)in paragraph (1), by striking Agency activities
and inserting intelligence activities
.(b)The amendment made by subsection (a) shall be applied to retired or deceased officers of the
Central Intelligence Agency who were designated at any time under section
203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013) prior to the date of the enactment of this Act.IIIA301.Increase in employee compensation and benefits authorized by lawAppropriations 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 activitiesThe 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 2Funds 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 CommunitySection 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 authorizedTitle 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 authorizedThe 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)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)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 amendmentThe 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 requiredTitle 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)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)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)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 amendmentThe 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.(a)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.(a)Requirement for inventories of software licensesThe 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 CommunityThe 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)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)(1)Intelligence community elements(A)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)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 CommunityNot 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 amendmentsThe table of contents in the first section of the National Security Act of 1947 is amended—(1)by striking the second item relating to section 104 (relating to Annual national security strategy
report); and(2)inserting after the item relating to section 108 the following new item:Sec. 109. Software licensing..308.Plans to respond to unauthorized public disclosures of covert actionsSection 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.(a)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 auditsThe 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 opinionBeginning 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)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)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 amendmentThe table of contents in the first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 508 the following new item:Sec. 509. Auditability of certain elements of the intelligence community..310.Reports of fraud, waste, and abuseSection 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended in paragraph (1)—(1)by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;(2)by inserting after subparagraph (A) the following:(B)An employee of an element of the intelligence community, an employee assigned or detailed to an
element of the intelligence community, or an employee of a contractor to
the intelligence community, who intends to report to Congress a complaint
or information with respect to an urgent concern may report such complaint
or information to the Inspector General of the Intelligence Community.; and(3)in subparagraph (D), as redesignated by paragraph (1)—(A)by striking Act or section 17
and inserting Act, section 17
; and(B)by striking the period at the end and inserting , or section 103H(k) of the National Security Act of 1947 (50 U.S.C. 3033(k)).
.311.Public Interest Declassification BoardSection 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 ProgramNotwithstanding 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, 2011Not 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 ProgramNotwithstanding 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.B321.Significant interpretations of law concerning intelligence activities(a)Title V of the National Security Act of 1947 (50 U.S.C. 3021 et seq.), as added by section 309 of
this Act, is further amended by adding at the end the following new
section:510.Significant interpretations of law concerning intelligence activities(a)Except as provided in subsection (c) and to the extent consistent with due regard for the
protection from unauthorized disclosure of classified information relating
to sensitive intelligence sources and methods or other exceptionally
sensitive matters, the General Counsel of each element of the intelligence
community shall notify the congressional intelligence committees, in
writing, of any significant legal interpretation of the United States
Constitution or Federal law affecting intelligence activities conducted by
such element by not later than 30 days after the date of the commencement
of any intelligence activity pursuant to such interpretation.(b)Each notification under subsection (a) shall provide a summary of the significant legal
interpretation and the intelligence activity or activities conducted
pursuant to such interpretation.(c)A notification under subsection (a) shall not be required for a significant legal interpretation
if—(1)notice of the significant legal interpretation was previously provided to the congressional
intelligence committees under subsection (a); or(2)the significant legal interpretation was made before the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014.(d)Limited access for covert actionIf the President determines that it is essential to limit access to a covert action finding under
section 503(c)(2), the President may limit access to information
concerning such finding that is subject to notification under this section
to those members of Congress who have been granted access to the
relevant finding under section 503(c)(2)..(b)Table of contents amendmentThe table of contents in the first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 509, as so added, the
following new item:Sec. 510. Significant interpretations of law concerning intelligence activities..322.Review for official publication of opinions of the Office of Legal Counsel of the Department of
Justice concerning intelligence activities(a)Process for review for official publicationNot later than 180 days after the date of the enactment of this Act, the Attorney General shall, in
coordination with the Director of National Intelligence, establish a
process for the regular review for official publication of significant
opinions of the Office of Legal Counsel of the Department of Justice that
have been provided to an element of the intelligence community.(b)The process of review of opinions established under subsection (a) shall include consideration of
the following:(1)The potential importance of an opinion to other agencies or officials in the Executive branch.(2)The likelihood that similar questions addressed in an opinion may arise in the future.(3)The historical importance of an opinion or the context in which it arose.(4)The potential significance of an opinion to the overall jurisprudence of the Office of Legal
Counsel.(5)Such other factors as the Attorney General and the Director of National Intelligence consider
appropriate.(c)The process of review established under subsection (a) shall apply a presumption that significant
opinions of the Office of Legal Counsel should be published when
practicable, consistent with national security and other confidentiality
considerations.(d)Nothing in this section shall require the official publication of any opinion of the Office of
Legal Counsel, including publication under any circumstance as follows:(1)When publication would reveal classified or other sensitive information relating to national
security.(2)When publication could reasonably be anticipated to interfere with Federal law enforcement efforts
or is prohibited by law.(3)When publication would conflict with preserving internal Executive branch deliberative processes or
protecting other information properly subject to privilege.(e)Requirement To provide classified opinions to Congress(1)Any opinion of the Office of Legal Counsel that would have been selected for publication under the
process of review established under subsection (a) but for the fact that
publication would reveal classified or other sensitive information
relating to national security shall be provided or made available to the
appropriate committees of Congress.(2)Exception for covert actionIf the President determines that it is essential to limit access to a covert action finding under
section 503(c)(2) of the National Security Act of 1947 (50 U.S.C.
3093(c)(2)), the President may limit access to information concerning such
finding that would otherwise be provided or made available under this
subsection to those members of Congress who have been granted access to
such finding under such section 503(c)(2).(f)The determination whether an opinion of the Office of Legal Counsel is appropriate for official
publication under the process of review established under subsection (a)
is discretionary and is not subject to judicial review.323.Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown
in event of absence of appropriations(a)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 definedIn this section, the term head of an applicable agency includes the following:(1)The Director of National Intelligence.(2)The Director of the Central Intelligence Agency.(3)Each head of each element of the intelligence community that is within the Department of Defense.324.Reports on chemical weapons in Syria(a)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)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)Every 90 days until the date that is 18 months after the date of the enactment of this Act, the
Director of National Intelligence shall submit to Congress a progress
report providing any material updates to the report required under
subsection (a).325.Reports to the intelligence community on penetrations of networks and information systems of
certain contractors(a)Procedures for reporting penetrationsThe 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 reportingThe 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)(1)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 personnelThe 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 informationThe 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)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)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 reportingNot 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)In this section:(1)Cleared intelligence contractorThe 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)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)Nothing in this section shall be construed to alter or limit any otherwise authorized access by
government personnel to networks or information systems owned or operated
by a contractor that processes or stores government data.326.Report on electronic waste(a)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)In this section:(1)Covered commercial electronic wasteThe term covered commercial electronic waste
means electronic waste of a commercial entity that contracts with an element of the intelligence
community.(2)The term electronic waste
includes any obsolete, broken, or irreparable electronic device, including a television, copier,
facsimile machine, tablet, telephone, computer, computer monitor, laptop,
printer, scanner, and associated electrical wiring.327.Promoting STEM education to meet the future workforce needs of the intelligence community(a)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 programsIn 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)In this section:(1)The term high school mean a school that awards a secondary school diploma.(2)Institution of higher educationThe 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)The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).328.Repeal of the termination of notification requirements regarding the authorized disclosure of
national intelligenceSection 504 of the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112–277; 126
Stat. 2477) is amended by striking subsection (e).329.Repeal or modification of certain reporting requirements(a)Repeal of reporting requirements(1)Threat of attack on the United States using weapons of mass destructionSection 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 EuropeSection 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 committeesSection 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 committeeThe 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 sharingSection 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 transformationSection 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 officersSection 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)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).IVMatters relating to elements of the intelligence communityA401.Appointment of the Director of the National Security Agency(a)Director of the
National Security AgencySection 2 of the National Security
Agency Act of 1959 (50 U.S.C. 3602) is amended—(1)by inserting
(b)
before There
; and(2)by inserting
before subsection (b), as so designated by paragraph (1), the following:(a)(1)There is a Director of
the National Security Agency.(2)The Director of the National Security
Agency shall be appointed by the President, by and with the advice
and consent
of the Senate.(3)The Director of the National Security
Agency shall be the head of the National Security Agency and shall
discharge
such functions and duties as are provided by this Act or otherwise
by
law or executive order..(b)Position of
importance and responsibility(1)The President may designate the
Director of the National Security Agency as a position of importance and
responsibility under section 601 of title 10, United States Code.(2)Paragraph (1) shall take effect on the date of the enactment of this Act.402.Appointment of the Inspector General of the National Security AgencyThe Inspector General Act of 1978 (5 U.S.C. App.) is amended—(1)in section 8G(a)(2), by striking the National Security Agency,
; and(2)in section 12—(A)in paragraph (1), by striking or the Federal Cochairpersons of the Commissions established under section 15301 of title 40,
United States Code;
and inserting the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United
States Code; the Director of the National Security Agency;
; and(B)in paragraph (2), by striking or the Commissions established under section 15301 of title 40, United States Code,
and inserting the Commissions established under section 15301 of title 40, United States Code, the National
Security Agency,
.403.Effective date and applicability(a)Except as otherwise specifically provided, the amendments made by sections 401 and 402 shall take
effect
on October 1, 2014, and shall apply upon the earlier
of—(1)in the case of section 401—(A)the date of the
first nomination by the President of an individual to serve as the
Director of
the
National Security Agency that occurs on or after October 1, 2014; or(B)the date of the
cessation of the performance of the duties of the Director of the National
Security Agency by the
individual
performing such duties on October 1, 2014; and(2)in the case of section 402—(A)the date of the
first nomination by the President of an individual to serve as the
Inspector General of the National Security Agency that occurs on or after
October 1, 2014; or(B)the date of the
cessation of the performance of the duties of the Inspector General of the
National Security Agency by the
individual
performing such duties on October 1, 2014.(b)Exception for initial nominationsNotwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director
of the National Security Agency or the
Inspector General
of the National Security Agency on the date that the President first
nominates an individual for such position on or after October 1, 2014, may
continue to perform in that position after such date of nomination and
until the individual appointed to the position, by and with the advice and
consent of the Senate, assumes the
duties
of the position.(c)Incumbent Inspector GeneralThe individual serving as Inspector General of the National Security Agency on the date of the
enactment of this Act shall be eligible to be appointed by the President
to a new term of service under section 3 of the Inspector General Act of
1978 (5 U.S.C. App.), by and with the advice and consent of the Senate.BNational Reconnaissance Office 411.Appointment of the Director of the National Reconnaissance Office(a)The National Security
Act of 1947 (50 U.S.C. 3001 et seq.) is amended by adding after section
106 the following:106A.Director of the National Reconnaissance Office(a)There is a Director of
the National Reconnaissance Office.(b)The Director of the National Reconnaissance Office shall be appointed by the President, by and with
the advice and consent
of the Senate.(c)The Director of the National Reconnaissance Office shall be the head of the National Reconnaissance
Office and shall discharge
such functions and duties as are provided by this Act or otherwise
by
law or executive order..(b)Position of
importance and responsibility(1)The President may designate the
Director of the National Reconnaissance Office as a position of importance
and
responsibility under section 601 of title 10, United States Code.(2)Paragraph (1) shall take effect on the date of the enactment of this Act.(c)Table of contents amendmentThe table of contents in the first section of the National Security Act of 1947 (50 U.S.C. 3001 et
seq.) is amended by inserting after the item relating to section 106 the
following:Sec. 106A. Director of the National Reconnaissance Office..412.Appointment of the Inspector General of the National Reconnaissance OfficeThe Inspector General Act of 1978 (5 U.S.C. App.)—(1)in section 8G(a)(2), as amended by section 402, is further amended by striking the National Reconnaissance Office,
; and(2)in section 12, as amended by section 402, is further amended—(A)in paragraph (1), by inserting or the Director of the National Reconnaissance Office;
before as the case may be;
; and(B)in paragraph (2), by inserting or the National Reconnaissance Office,
before as the case may be;
.413.Effective date and applicability(a)The amendments made by sections 411 and 412 shall take effect
on October 1, 2014, and shall apply upon the earlier
of—(1)in the case of section 411—(A)the date of the
first nomination by the President of an individual to serve as the
Director of
the National Reconnaissance Office that occurs on or after October
1, 2014; or(B)the date of the
cessation of the performance of the duties of the Director of
the National Reconnaissance Office by the
individual
performing such duties on October 1, 2014; and(2)in the case of section 412—(A)the date of the
first nomination by the President of an individual to serve as the
Inspector General of the National Reconnaissance Office that occurs on or
after October 1, 2014; or(B)the date of the
cessation of the performance of the duties of the Inspector General of
the National Reconnaissance Office by the
individual
performing such duties on October 1, 2014.(b)Exception for initial nominationsNotwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director
of
the National Reconnaissance Office or the
Inspector General
of the National Reconnaissance Office on the date that the President first
nominates an individual for such position on or after October 1, 2014, may
continue to perform in that position after such date of nomination and
until the individual appointed to the position, by and with the advice and
consent of the Senate, assumes the
duties
of the position.(c)Incumbent Inspector GeneralThe individual serving as Inspector General of the National Reconnaissance Office on the date of
the
enactment of this Act shall be eligible to be appointed by the President
to a new term of service under section 3 of the Inspector General Act of
1978 (5 U.S.C. App.), by and with the advice and consent of the Senate.CCentral Intelligence Agency421.Gifts, devises, and bequestsSection 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..VSecurity clearance reform501.Continuous evaluation and sharing of derogatory information regarding personnel with access to
classified informationSection 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)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 contractorsThe 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)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)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)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)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 clearancesThe 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)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)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 definedIn 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 definedIn 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.VIIntelligence community whistleblower protections601.Protection of intelligence community whistleblowers(a)Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended by adding at the
end the following new section:1104.Prohibited personnel practices in the intelligence community(a)In this section:(1)The term agency means an executive department or independent establishment, as defined under sections 101 and 104
of title 5, United States Code, that contains an intelligence community
element, except the Federal Bureau of Investigation.(2)Covered intelligence community elementThe term covered intelligence community element—(A)means—(i)the Central Intelligence Agency, the Defense Intelligence Agency, the National
Geospatial-Intelligence Agency, the National Security Agency, the Office
of the Director of National Intelligence, and the National Reconnaissance
Office; and(ii)any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of
title 5, United States Code, to have as its principal function the conduct
of foreign intelligence or counterintelligence activities; and(B)does not include the Federal Bureau of Investigation.(3)The term personnel action means, with respect to an employee in a position in a covered intelligence community element
(other than a position excepted from the competitive service due to its
confidential, policy-determining,
policymaking, or policy-advocating character)—(A)an appointment;(B)a promotion;(C)a disciplinary or corrective action;(D)a detail, transfer, or reassignment;(E)a demotion, suspension, or termination;(F)a reinstatement or restoration;(G)a performance evaluation;(H)a decision concerning pay, benefits, or awards;(I)a decision concerning education or training if such education or training may reasonably be
expected to lead to an appointment, promotion, or performance evaluation;
or(J)any other significant change in duties, responsibilities, or working conditions.(b)Any employee of an agency who has authority to take, direct others to take, recommend, or approve
any personnel action, shall not, with respect to such authority, take or
fail to take a personnel action with respect to any employee of a covered
intelligence community element as a reprisal for a lawful disclosure of
information by the employee to the Director of National Intelligence (or
an employee
designated by the Director of National Intelligence for such purpose), the
Inspector General of the Intelligence Community, the head of the employing
agency (or an employee designated by the head of that agency for such
purpose), the appropriate inspector general of the employing agency, a
congressional intelligence committee, or a member of a congressional
intelligence committee, which the employee reasonably believes evidences—(1)a violation of any Federal law, rule, or regulation; or(2)mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger
to public health or safety.(c)The President shall provide for the enforcement of this section.(d)Existing rights preservedNothing in this section shall be construed to—(1)preempt or preclude any employee, or applicant for employment, at the Federal Bureau of
Investigation from exercising rights provided under any other
law, rule, or regulation, including section 2303 of title 5, United States
Code; or(2)repeal section 2303 of title 5, United States Code..(b)Table of contents amendmentThe table of contents in the first section of the National Security Act of 1947 is amended by
adding at the end the following new item:Sec. 1104. Prohibited personnel practices in the intelligence community..602.Review of security clearance or access determinations(a)(1)Section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b))
is amended—(A)in the matter preceding paragraph (1), by striking Not
and inserting Except as otherwise provided, not
;(B)in paragraph (5), by striking and
after the semicolon;(C)in paragraph (6), by striking the period at the end and inserting ; and
; and(D)by inserting after paragraph (6) the following:(7)not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014—(A)developing policies and procedures that permit, to the extent practicable, individuals to appeal a
determination to suspend or revoke a security clearance or access to
classified information and to retain their government employment status
while such challenge is pending; and(B)developing and implementing uniform and consistent policies and procedures to ensure proper
protections during the process for denying, suspending, or revoking a
security clearance or access to classified information, including the
ability to appeal such a denial, suspension, or revocation, except that
there shall be no appeal of an agency’s suspension of a security clearance
or access determination for purposes of conducting an investigation, if
that suspension lasts no longer than 1 year or the head of the agency or a
designee of the head of the agency certifies that a longer suspension is
needed before a final decision on denial or revocation to prevent imminent
harm to the national security..(2)Required elements of policies and proceduresThe policies and procedures for appeal developed under paragraph (7) of section 3001(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004, as added by
subsection (a), shall provide for the Inspector General of the
Intelligence Community, or the inspector general of the employing agency,
to conduct fact-finding and report to the agency head or the designee of
the agency head within 180 days unless the employee and the agency agree
to an extension or the investigating inspector general determines in
writing that a greater period of time is required. To the fullest extent
possible, such fact-finding shall include an opportunity for the employee
to present relevant evidence such as witness testimony.(b)Retaliatory revocation of security clearances and access determinationsSection 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is
amended by adding at the end the following:(j)Retaliatory revocation of security clearances and access determinations(1)Agency personnel with authority over personnel security clearance or access determinations shall
not take or fail to take, or threaten to take or fail to take, any action
with respect to any employee's security clearance or access determination
in retaliation for—(A)any lawful disclosure of information to the Director of National Intelligence (or an employee
designated by
the Director of National Intelligence for such purpose) or the head of the
employing agency (or employee designated by the head of that agency for
such purpose) by an employee that the employee reasonably believes
evidences—(i)a violation of any Federal law, rule, or regulation; or(ii)gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific
danger to public health or safety;(B)any lawful disclosure to the Inspector General of an agency or another employee designated by the
head of the
agency to receive such disclosures, of information which the employee
reasonably believes evidences—(i)a violation of any Federal law, rule, or regulation; or(ii)gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific
danger to public health or safety;(C)any lawful disclosure that complies with—(i)subsections (a)(1), (d), and (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C.
App.);(ii)subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)); or(iii)subparagraphs (A), (D), and (I) of section 103H(k)(5) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)); and(D)if the actions do not result in the employee or applicant unlawfully disclosing information
specifically required by Executive order to be kept classified in the
interest of national defense or the conduct of foreign affairs, any lawful
disclosure in conjunction with—(i)the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;(ii)testimony for or otherwise lawfully assisting any individual in the exercise of any right referred
to in clause (i); or(iii)cooperation with or disclosing information to the Inspector General of an agency, in accordance
with applicable provisions of law in connection with an audit, inspection,
or investigation conducted by the Inspector General.(2)Consistent with the protection of sources and methods, nothing in paragraph (1) shall be construed
to authorize the withholding of information from Congress or the taking of
any personnel action against an employee who lawfully discloses
information to Congress.(3)(A)A disclosure shall not be excluded from paragraph (1) because—(i)the disclosure was made to a person, including a supervisor, who participated in an activity that
the employee reasonably believed to be covered by paragraph (1)(A)(ii);(ii)the disclosure revealed information that had been previously disclosed;(iii)the disclosure was not made in writing;(iv)the disclosure was made while the employee was off duty; or(v)of the amount of time which has passed since the occurrence of the events described in the
disclosure.(B)If a disclosure is made during the normal course of duties of an employee, the disclosure shall not
be excluded from paragraph (1) if any employee who has authority to take,
direct others to take, recommend, or approve any personnel action with
respect to the employee making the disclosure, took, failed to take, or
threatened to take or fail to take a personnel action with respect to that
employee in reprisal for the disclosure.(4)(A)An employee or former employee who believes that he or she has been subjected to a reprisal
prohibited by paragraph (1) may, within 90 days after the issuance of
notice of such decision, appeal that decision within the agency of that
employee or former employee through proceedings authorized by subsection
(b)(7), except that there shall be no appeal of an agency’s suspension of
a security clearance or access determination for purposes of conducting an
investigation, if that suspension lasts not longer than 1 year (or a
longer period in accordance with a certification made under subsection
(b)(7)).(B)If, in the course of proceedings authorized under subparagraph (A), it is determined that the
adverse security clearance or access determination violated paragraph (1),
the agency shall take specific corrective action to return the employee or
former employee, as nearly as practicable and reasonable, to the position
such employee or former employee would have held had the violation not
occurred. Such corrective action may include back pay and related
benefits, travel expenses, and compensatory damages not to exceed
$300,000.(C)In determining whether the adverse security clearance or access determination violated paragraph
(1), the agency shall find that paragraph (1) was violated if a disclosure
described in paragraph (1) was a contributing factor in the adverse
security clearance or access determination taken against the individual,
unless the agency demonstrates by a preponderance of the evidence that it
would have taken the same action in the absence of such disclosure, giving
the utmost deference to the agency’s assessment of the particular threat
to the national security interests of the United States in the instant
matter.(5)Appellate review of security clearance access determinations by Director of National Intelligence(A)Within 60 days after receiving notice of an adverse final agency determination under a proceeding
under paragraph (4), an employee or former employee may appeal that
determination in accordance with the procedures established under
subparagraph (B).(B)The Director of National Intelligence, in consultation with the Attorney General and the Secretary
of Defense, shall develop and implement policies and procedures for
adjudicating the appeals authorized by subparagraph (A).(C)Congressional notificationConsistent with the protection of sources and methods, at the time the Director of National
Intelligence issues an order regarding an appeal pursuant to the policies
and procedures established by this paragraph, the Director of National
Intelligence shall notify the congressional intelligence committees.(6)Nothing in this section shall be construed to permit or require judicial review of any—(A)agency action under this section; or(B)action of the appellate review procedures established under paragraph (5).(7)Nothing in this section shall be construed to permit, authorize, or require a private cause of
action to challenge the merits of a security clearance determination..(c)Access determination definedSection 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a))
is amended by adding at the end the following:(9)The term access determination means the determination regarding whether an employee—(A)is eligible for access to classified information in accordance with Executive Order 12968 (60 Fed.
Reg. 40245; relating to access to classified information), or any
successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating
to safeguarding classified information with industry), or any successor
thereto; and(B)possesses a need to know under such an Order..(d)Existing rights preservedNothing in this section or the amendments made by this section shall be construed to preempt,
preclude, or otherwise prevent an individual from exercising rights,
remedies, or avenues of redress currently provided under any other law,
regulation, or rule.(e)Nothing in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341), as amended by this title, shall be construed to require the repeal
or replacement of agency appeal procedures implementing Executive Order
12968 (60 Fed. Reg. 40245; relating to access to classified information),
or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583;
relating to safeguarding classified information with industry), or any
successor thereto, that meet the requirements of paragraph (7) of section
3001(b) of such Act, as added by this section.603.(a)Inspector General Act of 1978Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—(1)in subsection (b)—(A)by inserting (1)
after (b)
; and(B)by adding at the end the following:(2)If the head of an establishment determines that a complaint or information transmitted under
paragraph (1) would create a conflict of interest for the head of the
establishment, the head of the establishment shall return the complaint or
information to the Inspector General with that determination and the
Inspector General shall make the transmission to the Director of National
Intelligence and, if the establishment is within the Department of
Defense, to the Secretary of Defense. In such a case, the requirements of
this section for the head of the establishment apply to each recipient of
the Inspector General’s transmission.;(2)by redesignating subsection (h) as subsection (i); and(3)by inserting after subsection (g) the following:(h)An individual who has submitted a complaint or information to an Inspector General under this
section may notify any member of the Permanent Select Committee on
Intelligence of the House of Representatives or the Select Committee on
Intelligence of the Senate, or a staff member of either such Committee, of
the fact that such individual has made a submission to that particular
Inspector General, and of the date on which such submission was made..(b)Central Intelligence AgencySection 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is amended—(1)in subparagraph (B)—(A)by inserting (i)
after (B)
; and(B)by adding at the end the following:(ii)If the Director determines that a complaint or information transmitted under paragraph (1) would
create a conflict of interest for the Director, the Director shall return
the complaint or information to the Inspector General with that
determination and the Inspector General shall make the transmission to the
Director of National Intelligence. In such a case, the requirements of
this subsection for the Director of the Central Intelligence Agency apply
to the Director of National Intelligence; and(2)by adding at the end the following:(H)An individual who has submitted a complaint or information to the Inspector General under this
section may notify any member of the Permanent Select Committee on
Intelligence of the House of Representatives or the Select Committee on
Intelligence of the Senate, or a staff member of either such Committee, of
the fact that such individual has made a submission to the Inspector
General, and of the date on which such submission was made..(c)National Security Act of 1947Section 103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by adding
at the end the following:(I)An individual who has submitted a complaint or information to the Inspector General under this
section may notify any member of either of the congressional intelligence
committees, or a staff member of either of such committees, of the fact
that such individual has made a submission to the Inspector General, and
of the date on which such submission was made..604.Policies and procedures; nonapplicability to certain terminations(a)Covered intelligence community element definedIn this section, the term covered intelligence community element—(1)means—(A)the Central Intelligence Agency, the Defense Intelligence Agency, the National
Geospatial-Intelligence Agency, the National Security Agency, the Office
of the Director of National Intelligence, and the National Reconnaissance
Office; and(B)any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of
title 5, United States Code, to have as its principal function the conduct
of foreign intelligence or counterintelligence activities; and(2)does not include the Federal Bureau of Investigation.(b)In consultation with the Secretary of Defense, the Director of National Intelligence shall develop
policies and procedures to ensure that a personnel action shall not be
taken against an employee of a covered intelligence community element as a
reprisal for any disclosure of information described in 1104 of the
National Security Act of 1947, as added by section 601 of this Act.(c)Report on the status of implementation of regulationsNot later than 2 years after the date of the enactment of this Act, the Director of National
Intelligence shall submit a report on the status of the implementation of
the regulations promulgated under subsection (b) to the congressional
intelligence committees.(d)Nonapplicability to certain terminationsSection 1104 of the National Security Act of 1947, as added by section 601 of this Act, and
section 3001 of the Intelligence Reform and Terrorism Prevention Act of
2004 (50
U.S.C. 3341), as amended by section 602 of this Act, shall not apply if—(1)the affected employee is concurrently terminated under—(A)section 1609 of title 10, United States Code;(B)the authority of the Director of National Intelligence under section 102A(m) of the National
Security Act of 1947 (50 U.S.C. 3024(m)), if the Director determines that
the termination is in the interest of the United States;(C)the authority of the Director of the Central Intelligence Agency under section 104A(e) of the
National Security Act of 1947 (50 U.S.C. 3036(e)), if the Director
determines that the termination is in the interest of the United States;
or(D)section 7532 of title 5, United States Code, if the head of the agency determines that the
termination is in the interest of the United States; and(2)not later than 30 days after such termination, the head of the agency that employed the affected
employee notifies the congressional intelligence committees
of the termination.VII701.Technical amendments to the Central Intelligence Agency Act of 1949Section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3521) is amended—(1)in subsection (b)(1)(D), by striking section (a)
and inserting subsection (a)
; and(2)in subsection (c)(2)(E), by striking provider.
and inserting provider
.702.Technical amendments to the National Security Act of 1947 relating to the past elimination of
certain positionsSection 101(a) of the National Security Act of 1947 (50 U.S.C. 3021(a)) is amended—(1)in paragraph (5), by striking the semicolon and inserting ; and
;(2)by striking paragraphs (6) and (7);(3)by redesignating paragraph (8) as paragraph (6); and(4)in paragraph (6) (as so redesignated), by striking the Chairman of the Munitions Board, and the Chairman of the Research and Development Board,
.703.Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013(a)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)The amendments made by subsection (a) shall take effect as if included in the enactment of the
Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112–277).Speaker of the House of RepresentativesVice President of the United States and President of the Senate