[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1681 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 244
113th CONGRESS
  1st Session
                                S. 1681

 To authorize appropriations for fiscal year 2014 for intelligence and 
intelligence-related activities of the United States Government and the 
     Office of the Director of National Intelligence, the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 12, 2013

Mrs. Feinstein, from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for fiscal year 2014 for intelligence and 
intelligence-related activities of the United States Government and the 
     Office of the Director of National Intelligence, the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. CIARDS and FERS special retirement credit for service on 
                            detail to another agency.
           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                      Subtitle A--General Matters

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 303. Open FOIA protections.
Sec. 304. Functional managers.
Sec. 305. Auditability.
Sec. 306. Software licensing.
Sec. 307. Public Interest Declassification Board.
Sec. 308. Reports of fraud, waste, and abuse.
              Subtitle B--Targeted Lethal Force Oversight

Sec. 311. Targeted lethal force oversight reform.
Sec. 312. Unclassified annual report on the use of targeted lethal 
                            force outside the United States.
                         Subtitle C--Reporting

Sec. 321. Opinions of the Office of Legal Counsel concerning 
                            intelligence activities.
Sec. 322. Submittal to Congress by heads of elements of intelligence 
                            community of plans for orderly shutdown in 
                            event of absence of appropriations.
Sec. 323. Reports on chemical weapons in Syria.
Sec. 324. Reports to the intelligence community on penetrations of 
                            networks and information systems of certain 
                            contractors.
Sec. 325. Repeal or modification of certain reporting requirements.
  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

                  Subtitle A--National Security Agency

Sec. 401. Appointment of the Director of the National Security Agency.
Sec. 402. Appointment of the Inspector General of the National Security 
                            Agency.
               Subtitle B--National Reconnaissance Office

Sec. 411. Appointment of the Director of the National Reconnaissance 
                            Office.
Sec. 412. Appointment of the Inspector General of the National 
                            Reconnaissance Office.
                   TITLE V--SECURITY CLEARANCE REFORM

Sec. 501. Appropriate committees of Congress defined.
Sec. 502. Technology improvements to security clearance processing.
Sec. 503. Enhanced reciprocity of security clearances.
Sec. 504. Report on reciprocity of security clearances.
Sec. 505. Improving the periodic reinvestigation process.
       TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS

Sec. 601. Protection of intelligence community whistleblowers.
Sec. 602. Review of security clearance or access determinations.
Sec. 603. Revisions of other laws.
Sec. 604. Regulations; reporting requirements; nonapplicability to 
                            certain terminations.
                        TITLE VII--OTHER MATTERS

Sec. 701. Repeal of the termination of notification requirements 
                            regarding the authorized disclosure of 
                            national intelligence.
Sec. 702. Gifts, devises, and bequests.
Sec. 703. Budgetary effects.

SEC. 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)).

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2014 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and the authorized 
personnel ceilings as of September 30, 2014, for the conduct of the 
intelligence activities of the elements listed in paragraphs (1) 
through (16) of section 101, are those specified in the classified 
Schedule of Authorizations prepared to accompany the bill S. ___ of the 
One Hundred Thirteenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) In general.--The classified Schedule of Authorizations 
        referred to in subsection (a) shall be made available to the 
        Committee on Appropriations of the Senate, the Committee on 
        Appropriations of the House of Representatives, and to the 
        President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306);
                    (B) to the extent necessary to implement the 
                budget; or
                    (C) as otherwise required by law.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Increases.--The Director of National Intelligence 
may authorize the employment of civilian personnel in excess of the 
number of positions for fiscal year 2014 authorized by the classified 
Schedule of Authorizations referred to in section 102(a) if the 
Director of National Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed 3 percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 102(a), including any exemption from such 
personnel levels, of employment or assignment in--
            (1) a student program, trainee program, or similar program;
            (2) a reserve corps or as a reemployed annuitant; or
            (3) details, joint duty, or long term, full-time training.
    (c) Notice to Congressional Intelligence Committees.--The Director 
of National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to the initial exercise of 
an authority described in subsection (a).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2014 the sum of 
$568,736,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2015.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 855 positions as of September 30, 2014. 
Personnel serving in such elements may be permanent employees of the 
Office of the Director of National Intelligence or personnel detailed 
from other elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are 
        authorized to be appropriated for the Community Management 
        Account for fiscal year 2014 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for advanced 
        research and development shall remain available until September 
        30, 2015.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2014, there are authorized such additional personnel for the 
        Community Management Account as of that date as are specified 
        in the classified Schedule of Authorizations referred to in 
        section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2014 the sum of 
$514,000,000.

SEC. 202. CIARDS AND FERS SPECIAL RETIREMENT CREDIT FOR SERVICE ON 
              DETAIL TO ANOTHER AGENCY.

    (a) In General.--Section 203(b) of the Central Intelligence 
Retirement Act (50 U.S.C. 2013(b)) is amended by striking ``For 
purposes of this Act,'' and all that follows through the end and 
inserting ``For purposes of this chapter, qualifying service is service 
performed by an Agency employee in carrying out duties that are 
determined by the Director--
            ``(1) to be in support of intelligence activities abroad 
        hazardous to life or health; or
            ``(2) to be so specialized because of security requirements 
        as to be clearly distinguishable from normal government 
        employment.''.
    (b) Application.--The amendment made by subsection (a) shall be 
applied to retired or deceased officers of the Central Intelligence 
Agency who were designated at any time under section 203(b) or 302(a) 
of the Central Intelligence Retirement Act (50 U.S.C. 2013(b) and 
2152(a)) prior to the date of the enactment of this Act.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                      Subtitle A--General Matters

SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 303. OPEN FOIA PROTECTIONS.

    Section 103H(g)(3)(A) of the National Security Act of 1947 (50 
U.S.C. 3033(g)(3)(A)) is amended by striking ``undertaken;'' and 
inserting ``undertaken, and this provision shall qualify as a 
withholding statute pursuant to subsection (b)(3) of section 552 of 
title 5, United States Code (commonly known as the `Freedom of 
Information Act');''.

SEC. 304. FUNCTIONAL MANAGERS.

    (a) In General.--The President shall designate officers or 
employees of the United States to serve as functional managers for 
signals intelligence, human intelligence, geospatial intelligence, and 
such other intelligence disciplines as the President determines 
necessary. Unless the President directs otherwise--
            (1) the Director of the National Security Agency shall be 
        designated the functional manager for signals intelligence;
            (2) the Director of the Central Intelligence Agency shall 
        be designated the functional manager for human intelligence; 
        and
            (3) the Director of the National Geospatial-Intelligence 
        Agency shall be designated the functional manager for 
        geospatial intelligence.
    (b) Duties.--Each functional manager designated under subsection 
(a) shall act as the principal adviser to the Director of National 
Intelligence and the Secretary of Defense for their respective 
intelligence function.
    (c) Annual Reports to Congress.--Each year, on a date not later 
than 2 weeks after the date on which the President submits to Congress 
the budget for the next fiscal year under section 1105 of title 31, 
United States Code, each functional manager shall report to the 
congressional intelligence committees and congressional armed services 
committees concerning the performance of the function. In addition to 
such other information as the functional manager elects to include in a 
report, each report shall--
            (1) identify all programs, projects, and activities that 
        fall within the intelligence discipline for which the 
        functional manager is responsible;
            (2) identify any issues related to the application of 
        technical and interoperability standards in such programs, 
        projects, and activities;
            (3) identify any concerns the functional manager has 
        regarding the allocation of resources among such programs, 
        projects, and activities within the intelligence discipline for 
        which the functional manager is responsible;
            (4) assess the sufficiency of resources included in the 
        President's budget request for the next fiscal year to meet 
        requirements within the intelligence discipline for which the 
        functional manager is responsible;
            (5) identify the operational overlap and need for de-
        confliction within the intelligence discipline for which the 
        functional manager is responsible; and
            (6) identify any concerns the functional manager has 
        related to compliance within the intelligence discipline for 
        which the functional manager is responsible.
    (d) Congressional Armed Services Committees Defined.--In this 
section, the term ``congressional armed services committees'' means--
            (1) the Committee on Armed Services and the Subcommittee on 
        Defense of the Committee on Appropriations of the Senate; and
            (2) the Committee on Armed Services and the Subcommittee on 
        Defense of the Committee on Appropriations of the House of 
        Representatives.

SEC. 305. AUDITABILITY.

    (a) Requirement for Annual Audits.--Each covered entity shall 
undergo a full financial audit each year beginning with each covered 
entity's fiscal year 2014 financial statements. Such audits may be 
conducted by an internal or external independent accounting or auditing 
organization.
    (b) Requirement for Unqualified Opinion.--Not later than the audit 
required by subsection (a) of fiscal year 2016 financial statements, 
each covered entity shall obtain an audit with an unqualified opinion 
on its financial statements for each fiscal year.
    (c) Covered Entity Defined.--In this section, the term ``covered 
entity'' means the Office of the Director of National Intelligence, the 
Central Intelligence Agency, the Defense Intelligence Agency, the 
National Security Agency, the National Reconnaissance Office, and the 
National Geospatial-Intelligence Agency.
    (d) Reports to Congress.--The chief financial executive of each 
covered entity shall provide to the congressional intelligence 
committees an annual audit report from an accounting or auditing 
organization on each audit of the covered entity conducted pursuant to 
subsection (a).

SEC. 306. SOFTWARE LICENSING.

    (a) Requirement for Inventories of Software Licenses.--
            (1) Inventories by elements of the intelligence 
        community.--Not later than 120 days after the date of the 
        enactment of this Act, and once every 2 years thereafter, the 
        chief information officer of each element of the intelligence 
        community, in consultation with the Chief Information Officer 
        of the Intelligence Community, shall--
                    (A) conduct an inventory of all existing software 
                licenses of such element, including utilized and 
                unutilized licenses;
                    (B) assess the actions that could be carried out by 
                such element to achieve the greatest possible economies 
                of scale and associated cost savings in software 
                procurement and usage; and
                    (C) submit to the Chief Information Officer of the 
                Intelligence Community each inventory required by 
                subparagraph (A) and each assessment required by 
                subparagraph (B).
            (2) Initial inventory.--The initial inventory conducted for 
        each element of the intelligence community under paragraph 
        (1)(A) shall be based on the inventory of software licenses 
        conducted pursuant to section 305 of the Intelligence 
        Authorization Act for Fiscal Year 2013 (Public Law 112-277; 126 
        Stat. 2472) for such element.
    (b) Inventories by the Chief Information Officer of the 
Intelligence Community.--Not later than 180 days after the enactment of 
this Act, and once every 2 years thereafter, the Chief Information 
Officer of the Intelligence Community shall, based on the inventories 
and assessments required by subsection (a)--
            (1) compile an inventory of all existing software licenses 
        of the intelligence community, including utilized and 
        unutilized licenses; and
            (2) assess the actions that could be carried out by the 
        intelligence community to achieve the greatest possible 
        economies of scale and associated cost savings in software 
        procurement and usage.
    (c) Reports to Congress.--The Chief Information Officer of the 
Intelligence Community shall submit to the congressional intelligence 
committees a copy of each inventory compiled under subsection (b)(1).

SEC. 307. PUBLIC INTEREST DECLASSIFICATION BOARD.

    Section 710(b) of the Public Interest Declassification Act of 2000 
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking 
``2014.'' and inserting ``2018.''.

SEC. 308. REPORTS OF FRAUD, WASTE, AND ABUSE.

    Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended in paragraph (1)--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively;
            (2) by inserting after subparagraph (A) the following:
    ``(B) An employee of an element of the intelligence community, an 
employee assigned or detailed to an element of the intelligence 
community, or an employee of a contractor to the intelligence 
community, who intends to report to Congress a complaint or information 
with respect to an urgent concern may report such complaint or 
information to the Inspector General of the Intelligence Community.''; 
and
            (3) in subparagraph (D), as redesignated by paragraph (1)--
                    (A) by striking ``Act or section 17'' and inserting 
                ``Act, section 17''; and
                    (B) by striking the period at the end and inserting 
                ``, or section 103H(k) of the National Security Act of 
                1947 (50 U.S.C. 3033(k)).''.

              Subtitle B--Targeted Lethal Force Oversight

SEC. 311. TARGETED LETHAL FORCE OVERSIGHT REFORM.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        National Intelligence.
            (2) United states person.--The term ``United States 
        person'' means a citizen of the United States or an alien 
        lawfully admitted for permanent residence (as defined in 
        section 101(a)(20) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(20))).
    (b) Alternative Analysis.--
            (1) Notification of director.--Upon a determination by the 
        head of an element of the intelligence community that a 
        particular, known United States person is knowingly engaged in 
        acts of international terrorism against the United States, such 
        that the United States Government is considering the legality 
        or the use of targeted lethal force against that United States 
        person, the head of the element shall, as soon as practicable, 
        notify the Director of the determination.
            (2) Independent alternative analysis.--
                    (A) Requirement for alternative analysis.--Not 
                later than 15 days after the date the Director receives 
                a notification under paragraph (1), the Director shall 
                complete an independent alternative analysis (commonly 
                referred to as ``red-team analysis'') of the 
                information relied on to support the determination made 
                under paragraph (1).
                    (B) Independent leadership.--In completing the 
                independent alternative analysis required by 
                subparagraph (A), the Director shall ensure that the 
                individual appointed to lead such alternative analysis 
                does not report to the head of the element of the 
                intelligence community who made the determination under 
                paragraph (1).
            (3) Notification of the inspector general of the 
        intelligence community.--As soon as practicable, the Director 
        shall notify the Inspector General of the Intelligence 
        Community of the receipt of a notification under paragraph (1).
            (4) Notification to congress.--As soon as practicable, the 
        Director shall notify the congressional intelligence 
        committees, in writing, of the receipt of a notification under 
        paragraph (1), including the identity of the United States 
        person, and the results of the independent alternative analysis 
        performed under paragraph (2), including any written product 
        containing the alternative analysis, or if no product has been 
        created, a summary of such analysis.
            (5) Construction with other law.--Nothing in this section 
        shall be construed to impede the ability of the United States 
        Government to conduct any operation consistent with otherwise 
        applicable law.
    (c) Inspector General of the Intelligence Community Review.--On an 
annual basis the Inspector General of the Intelligence Community 
shall--
            (1) conduct a review of any notifications received under 
        subsection (b)(3) with respect to the element of the 
        intelligence community's compliance with all appropriate 
        policies and procedures related to consideration of the use of 
        targeted lethal force against a particular, known United States 
        person; and
            (2) submit to the Director and the congressional 
        intelligence committees a report on the findings of such 
        review.
    (d) Construction.--Nothing in this section may be construed to 
authorize the use of targeted lethal force against a United States 
person.

SEC. 312. UNCLASSIFIED ANNUAL REPORT ON THE USE OF TARGETED LETHAL 
              FORCE OUTSIDE THE UNITED STATES.

    (a) Requirement for Annual Report.--For each year, the President 
shall prepare and make public an annual report that sets forth the 
following:
            (1) The total number of combatants killed or injured during 
        the preceding year by the use of targeted lethal force outside 
        the United States by remotely piloted aircraft.
            (2) The total number of noncombatant civilians killed or 
        injured during the preceding year by such use of targeted 
        lethal force outside the United States.
    (b) Targeted Lethal Force Defined.--In this section, the term 
``targeted lethal force'' means the act of directing lethal force at a 
particular person or group with the specific intent of killing those 
persons.
    (c) Exception.--A report required by subsection (a) shall not 
include--
            (1) any use of targeted lethal force in Afghanistan prior 
        to the end of combat operations by the United States; or
            (2) any use of targeted lethal force in a foreign country 
        described by a future declaration of war or authorization for 
        the use of military force.

                         Subtitle C--Reporting

SEC. 321. OPINIONS OF THE OFFICE OF LEGAL COUNSEL CONCERNING 
              INTELLIGENCE ACTIVITIES.

    (a) Annual Submission.--
            (1) Requirement to provide list of opinions to congress.--
        Except as provided in subsections (b) and (c), not later than 
        180 days after the date of the enactment of this Act and 
        annually thereafter, the Attorney General, in coordination with 
        the Director of National Intelligence, shall provide to the 
        congressional intelligence committees a listing of every 
        opinion of the Office of Legal Counsel of the Department of 
        Justice that has been provided to an element of the 
        intelligence community.
            (2) Content.--Each listing submitted under paragraph (1) 
        shall include--
                    (A) as much detail as possible about the subject of 
                each opinion;
                    (B) the date the opinion was issued;
                    (C) a listing of each recipient agency;
                    (D) whether the opinion has been made available to 
                Congress or a specific committee of Congress, including 
                the identity of each such committee; and
                    (E) for any opinion that has not been made 
                available to Congress or a specific committee of 
                Congress, the basis for such withholding.
    (b) Exception for Covert Action.--If the President determines that 
it is essential to limit access to a covert action finding under 
section 503(c)(2) of the National Security Act of 1947 (50 U.S.C. 
3093(c)(2)), the President may limit access to information concerning 
such finding that is subject to disclosure under subsection (a) to 
those members of Congress who have been granted access to the relevant 
finding under such section 503(c)(2).
    (c) Exception for Information Subject to Executive Privilege.--If 
the President determines that a particular listing subject to 
disclosure under subsection (a) is subject to an executive privilege 
that protects against such disclosure, the Attorney General shall not 
be required to disclose such opinion or listing if the Attorney General 
notifies the congressional intelligence committees, in writing, of the 
legal justification for such assertion of executive privilege prior to 
the date by which the opinion or listing is required to be disclosed.

SEC. 322. SUBMITTAL TO CONGRESS BY HEADS OF ELEMENTS OF INTELLIGENCE 
              COMMUNITY OF PLANS FOR ORDERLY SHUTDOWN IN EVENT OF 
              ABSENCE OF APPROPRIATIONS.

    (a) In General.--Whenever the head of an applicable agency submits 
a plan to the Director of the Office of Management and Budget in 
accordance with section 124 of Office of Management and Budget Circular 
A-11, pertaining to agency operations in the absence of appropriations, 
or any successor circular of the Office that requires the head of an 
applicable agency to submit to the Director a plan for an orderly 
shutdown in the event of the absence of appropriations, such head shall 
submit a copy of such plan to the following:
            (1) The congressional intelligence committees.
            (2) The Committee on Armed Services of the Senate.
            (3) The Subcommittee on Defense of the Committee on 
        Appropriations of the Senate.
            (4) The Committee on Armed Services of the House of 
        Representatives.
            (5) The Subcommittee on Defense of the Committee on 
        Appropriations of the House of Representatives.
    (b) Head of an Applicable Agency Defined.--In this section, the 
term ``head of an applicable agency'' includes the following:
            (1) The Director of National Intelligence.
            (2) The Director of the Central Intelligence Agency.
            (3) Each head of each element of the intelligence community 
        that is within the Department of Defense.

SEC. 323. REPORTS ON CHEMICAL WEAPONS IN SYRIA.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the appropriate congressional committees a report on the 
Syrian chemical weapons program.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) A comprehensive assessment of chemical weapon 
        stockpiles in Syria, including names, types, and quantities of 
        chemical weapons agents, types of munitions, and location and 
        form of storage, production, and research and development 
        facilities.
            (2) A listing of key personnel associated with the Syrian 
        chemical weapons program.
            (3) An assessment of undeclared chemical weapons 
        stockpiles, munitions, and facilities.
            (4) An assessment of how these stockpiles, precursors, and 
        delivery systems were obtained.
            (5) A description of key intelligence gaps related to the 
        Syrian chemical weapons program.
            (6) An assessment of any denial and deception efforts on 
        the part of the Syrian regime related to its chemical weapons 
        program.
    (c) Progress Reports.--Every 90 days until the Director of National 
Intelligence makes the certification described in subsection (d) or 18 
months after the date of the enactment of this Act, whichever is 
earlier, the Director of National Intelligence shall submit to the 
appropriate congressional committees a progress report providing any 
material updates to the report required under subsection (a).
    (d) Certification.--The certification described in this subsection 
is a certification by the Director of National Intelligence to the 
appropriate congressional committees that the Syrian regime has 
completely and verifiably destroyed all components of its chemical 
weapons program.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Select Committee on Intelligence, the Committee on 
        Armed Services, the Committee on Foreign Relations, and the 
        Committee on Appropriations of the Senate; and
            (2) the Permanent Select Committee on Intelligence, the 
        Committee on Armed Services, the Committee on Foreign Affairs, 
        and the Committee on Appropriations of the House of 
        Representatives.

SEC. 324. REPORTS TO THE INTELLIGENCE COMMUNITY ON PENETRATIONS OF 
              NETWORKS AND INFORMATION SYSTEMS OF CERTAIN CONTRACTORS.

    (a) Procedures for Reporting Penetrations.--The Director of 
National Intelligence shall establish procedures that require each 
cleared intelligence contractor to report to an element of the 
intelligence community designated by the Director for purposes of such 
procedures when a network or information system of such contractor that 
meets the criteria established pursuant to subsection (b) is 
successfully penetrated.
    (b) Networks and Information Systems Subject to Reporting.--The 
Director of National Intelligence shall, in consultation with 
appropriate officials, establish criteria for covered networks to be 
subject to the procedures for reporting system penetrations under 
subsection (a).
    (c) Procedure Requirements.--
            (1) Rapid reporting.--The procedures established pursuant 
        to subsection (a) shall require each cleared intelligence 
        contractor to rapidly report to an element of the intelligence 
        community designated pursuant to subsection (a) of each 
        successful penetration of the network or information systems of 
        such contractor that meet the criteria established pursuant to 
        subsection (b). Each such report shall include the following:
                    (A) A description of the technique or method used 
                in such penetration.
                    (B) A sample of the malicious software, if 
                discovered and isolated by the contractor, involved in 
                such penetration.
                    (C) A summary of information created by or for such 
                element in connection with any program of such element 
                that has been potentially compromised due to such 
                penetration.
            (2) Access to equipment and information by intelligence 
        community personnel.--The procedures established pursuant to 
        subsection (a) shall--
                    (A) include mechanisms for intelligence community 
                personnel to, upon request, obtain access to equipment 
                or information of a cleared intelligence contractor 
                necessary to conduct forensic analysis in addition to 
                any analysis conducted by such contractor;
                    (B) provide that a cleared intelligence contractor 
                is only required to provide access to equipment or 
                information as described in subparagraph (A) to 
                determine whether information created by or for an 
                element of the intelligence community in connection 
                with any intelligence community program was 
                successfully exfiltrated from a network or information 
                system of such contractor and, if so, what information 
                was exfiltrated; and
                    (C) provide for the reasonable protection of trade 
                secrets, commercial or financial information, and 
                information that can be used to identify a specific 
                person.
            (3) Limitation on dissemination of certain information.--
        The procedures established pursuant to subsection (a) shall 
        prohibit the dissemination outside the intelligence community 
        of information obtained or derived through such procedures that 
        is not created by or for the intelligence community except with 
        the approval of the contractor providing such information.
    (d) Issuance of Procedures and Establishment of Criteria.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act--
                    (A) the Director of National Intelligence shall 
                establish the procedures required under subsection (a); 
                and
                    (B) the senior official designated under subsection 
                (b)(1) shall establish the criteria required under such 
                subsection.
            (2) Applicability date.--The requirements of this section 
        shall apply on the date on which the Director of National 
        Intelligence establishes the procedures required under this 
        section.
    (e) Coordination With the Secretary of Defense To Prevent Duplicate 
Reporting.--Not later than 180 days after the date of the enactment of 
this Act, the Director of National Intelligence and the Secretary of 
Defense shall establish procedures to permit a contractor that is a 
cleared intelligence contractor and a cleared defense contractor under 
section 941 of the National Defense Authorization Act for Fiscal Year 
2013 (10 U.S.C. 2224 note) to submit a single report that satisfies the 
requirements of this section and such section 941 for an incident of 
penetration of network or information system.
    (f) Definitions.--In this section:
            (1) Cleared intelligence contractor.--The term ``cleared 
        intelligence contractor'' means a private entity granted 
        clearance by the Director of National Intelligence or the head 
        of an element of the intelligence community to access, receive, 
        or store classified information for the purpose of bidding for 
        a contract or conducting activities in support of any program 
        of an element of the intelligence community.
            (2) Covered network.--The term ``covered network'' means a 
        network or information system of a cleared intelligence 
        contractor that contains or processes information created by or 
        for an element of the intelligence community with respect to 
        which such contractor is required to apply enhanced protection.

SEC. 325. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.

    (a) Repeal of Certain Reporting Requirements.--
            (1) Annual report on the threat of attack on the united 
        states using weapons of mass destruction.--
                    (A) Repeal.--Section 114 of the National Security 
                Act of 1947 (50 U.S.C. 3050) is amended to read as 
                follows:

``SEC. 114. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY 
              EMPLOYEES.

    ``(a) Requirement for Report.--The Director of National 
Intelligence shall, on an annual basis, submit to Congress a report on 
the employment of covered persons within each element of the 
intelligence community for the preceding fiscal year.
    ``(b) Content.--Each such report shall include disaggregated data 
by category of covered person from each element of the intelligence 
community on the following:
            ``(1) Of all individuals employed in the element during the 
        fiscal year involved, the aggregate percentage of such 
        individuals who are covered persons.
            ``(2) Of all individuals employed in the element during the 
        fiscal year involved at the levels referred to in subparagraphs 
        (A) and (B), the percentage of covered persons employed at such 
        levels:
                    ``(A) Positions at levels 1 through 15 of the 
                General Schedule.
                    ``(B) Positions at levels above GS-15.
            ``(3) Of all individuals hired by the element involved 
        during the fiscal year involved, the percentage of such 
        individuals who are covered persons.
    ``(c) Form of Report.--Each such report shall be submitted in 
unclassified form, but may contain a classified annex.
    ``(d) Construction.--Nothing in this section shall be construed as 
providing for the substitution of any similar report required under 
another provision of law.
    ``(e) Covered Persons Defined.--In this section, the term `covered 
persons' means--
            ``(1) racial and ethnic minorities;
            ``(2) women; and
            ``(3) individuals with disabilities.''.
                    (B) Table of contents amendment.--The table of 
                contents in the first section of the National Security 
                Act of 1947 (50 U.S.C. 3001 et seq.) is amended by 
                striking the item relating to section 114 and inserting 
                the following:

``Sec. 114. Annual report on hiring and retention of minority 
                            employees.''.
            (2) Reports on commerce with, and assistance to, cuba from 
        other foreign countries.--
                    (A) Repeal.--Section 108 of the Cuban Liberty and 
                Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 
                6038) is repealed.
                    (B) Table of contents amendment.--The table of 
                contents in section 1(b) of the Cuban Liberty and 
                Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 
                6021 et seq.) is amended by striking the item relating 
                to section 108.
            (3) Annual report on uncontrolled treaty-limited 
        equipment.--Section 2(5)(E) of the Senate resolution advising 
        and consenting to ratification of the Document Agreed Among the 
        States Parties to the Treaty on Conventional Armed Forces in 
        Europe (CFE) of November 19, 1990, adopted at Vienna May 31, 
        1996 (Treaty Doc. 105-5) (commonly referred to as the "CFE 
        Flank Document"), 105th Congress, agreed to May 14, 1997, is 
        repealed.
    (b) Modification of Certain Reporting Requirements.--
            (1) Intelligence advisory committees.--Section 410(b) of 
        the Intelligence Authorization Act for Fiscal Year 2010 (50 
        U.S.C. 3309) is amended to read as follows:
    ``(b) Notification of Establishments of Advisory Committee.--The 
Director of National Intelligence and the Director of the Central 
Intelligence Agency shall each notify the congressional intelligence 
committees each time such Director creates an advisory committee. Each 
notification shall include--
            ``(1) a description of such advisory committee, including 
        the subject matter of such committee;
            ``(2) a list of members of such advisory committee; and
            ``(3) in the case of an advisory committee created by the 
        Director of National intelligence, the reasons for a 
        determination by the Director under section 4(b)(3) of the 
        Federal Advisory Committee Act (5 U.S.C. App.) that an advisory 
        committee cannot comply with the requirements of such Act.''.
            (2) Reports on intelligence community business system 
        transformation.--Section 506D(j) of the National Security Act 
        of 1947 (50 U.S.C. 3100(j)) is amended in the matter preceding 
        paragraph (1) by striking ``2015,'' and inserting ``2014,''.
            (3) Reports on the activities of privacy and civil 
        liberties officers.--Section 1062(f)(1) of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-
        1(f)(1)) is amended in the matter preceding subparagraph (A) by 
        striking ``quarterly,'' and inserting ``semiannually,''.
            (4) Notifications of waivers of conditions for 
        disqualification for security clearances.--Section 3002(c)(4) 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (50 U.S.C. 3343(c)(4)) is amended to read as follows:
            ``(4) Waivers of conditions for disqualification for 
        security clearances.--
                    ``(A) Notification.--The head of a Federal agency 
                shall notify the appropriate committees of Congress if 
                such agency employs or employed a person for whom a 
                waiver was granted in accordance with paragraph (2) 
                within 15 days of granting such waiver. Such 
                notification shall not reveal the identity of such 
                person, but shall include the disqualifying factor 
                under paragraph (1) and the reasons for the waiver of 
                the disqualifying factor.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Appropriate committees of congress.--
                        The term `appropriate committees of Congress' 
                        means, with respect to a notification submitted 
                        under subparagraph (A) by the head of a Federal 
                        agency--
                                    ``(I) the congressional defense 
                                committees;
                                    ``(II) the congressional 
                                intelligence committees;
                                    ``(III) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate;
                                    ``(IV) the Committee on Oversight 
                                and Government Reform of the House of 
                                Representatives; and
                                    ``(V) each Committee of the Senate 
                                or the House of Representatives with 
                                oversight authority over such Federal 
                                agency.
                            ``(ii) Congressional defense committees.--
                        The term `congressional defense committees' has 
                        the meaning given that term in section 
                        101(a)(16) of title 10, United States Code.
                            ``(iii) Congressional intelligence 
                        committees.--The term `congressional 
                        intelligence committees' has the meaning given 
                        that term in section 3 of the National Security 
                        Act of 1947 (50 U.S.C. 3003).''.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

                  Subtitle A--National Security Agency

SEC. 401. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL SECURITY AGENCY.

    (a) Director of the National Security Agency.--Section 2 of the 
National Security Agency Act of 1959 (50 U.S.C. 3602) is amended--
            (1) by inserting ``(b)'' before ``There''; and
            (2) by inserting before subsection (b), as so designated by 
        paragraph (1), the following:
    ``(a)(1) There is a Director of the National Security Agency.
    ``(2) The Director of the National Security Agency shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(3) The Director of the National Security Agency shall be the 
head of the National Security Agency and shall discharge such functions 
and duties as are provided by this Act or otherwise by law or executive 
order.''.
    (b) Position of Importance and Responsibility.--The President may 
designate the Director of the National Security Agency as a position of 
importance and responsibility under section 601 of title 10, United 
States Code.
    (c) Effective Date and Applicability.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on the date of the enactment of this Act and 
        shall apply upon the earlier of--
                    (A) the date of the nomination by the President of 
                an individual to serve as the Director of the National 
                Security Agency, except that the individual serving as 
                such Director as of the date of the enactment of this 
                Act may continue to perform such duties after such date 
                of nomination and until the individual appointed as 
                such Director, by and with the advice and consent of 
                the Senate, assumes the duties of such Director; or
                    (B) the date of the cessation of the performance of 
                the duties of such Director by the individual 
                performing such duties as of the date of the enactment 
                of this Act.
            (2) Positions of importance and responsibility.--Subsection 
        (b) shall take effect on the date of the enactment of this Act.

SEC. 402. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL SECURITY 
              AGENCY.

    (a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) in section 8G(a)(2), by striking ``the National 
        Security Agency,''; and
            (2) in section 12--
                    (A) in paragraph (1), by striking ``or the Federal 
                Cochairpersons of the Commissions established under 
                section 15301 of title 40, United States Code;'' and 
                inserting ``the Federal Cochairpersons of the 
                Commissions established under section 15301 of title 
                40, United States Code; the Director of the National 
                Security Agency;''; and
                    (B) in paragraph (2), by striking ``or the 
                Commissions established under section 15301 of title 
                40, United States Code,'' and inserting ``the 
                Commissions established under section 15301 of title 
                40, United States Code, the National Security 
                Agency,''.
    (b) Effective Date; Incumbent.--
            (1) Effective date.--The amendments made by subsection (a) 
        shall take effect on the date on which the first Director of 
        the National Security Agency takes office on or after the date 
        of the enactment of this Act.
            (2) Incumbent.--The individual serving as Inspector General 
        of the National Security Agency on the date of the enactment of 
        this Act shall be eligible to be appointed by the President to 
        a new term of service under section 3 of the Inspector General 
        Act of 1978 (5 U.S.C. App.), by and with the advice and consent 
        of the Senate.

               Subtitle B--National Reconnaissance Office

SEC. 411. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL RECONNAISSANCE 
              OFFICE.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 3001 
et seq.) is amended by adding after section 106 the following:

``SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.

    ``(a) In General.--There is a Director of the National 
Reconnaissance Office.
    ``(b) Appointment.--The Director of the National Reconnaissance 
Office shall be appointed by the President, by and with the advice and 
consent of the Senate.
    ``(c) Functions and Duties.--The Director of the National 
Reconnaissance Office shall be the head of the National Reconnaissance 
Office and shall discharge such functions and duties as are provided by 
this Act or otherwise by law or executive order.
    ``(d) Position of Importance and Responsibility.--The President may 
designate the Director of the National Reconnaissance Office as a 
position of importance and responsibility under section 601 of title 
10, United States Code.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947 (50 U.S.C. 3001 et 
seq.) is amended by inserting after the item relating to section 106 
the following:

``Sec. 106A. Director of the National Reconnaissance Office.''.
    (c) Effective Date and Applicability.--
            (1) In general.--Subsection (a) shall take effect on the 
        date of enactment of this Act and shall apply upon the earlier 
        of--
                    (A) the date of the nomination by the President of 
                an individual to serve as the Director of the National 
                Reconnaissance Office, except that the individual 
                serving as such Director as of the date of the 
                enactment of this Act may continue to perform such 
                duties after such date of nomination and until the 
                individual appointed as such Director, by and with the 
                advice and consent of the Senate, assumes the duties of 
                such Director; or
                    (B) the date of the cessation of the performance of 
                the duties of such Director by the individual 
                performing such duties as of the date of enactment of 
                this Act.
            (2) Positions of importance and responsibility.--Subsection 
        (d) of section 106A of the National Security Act of 1947, as 
        added by subsection (a), shall take effect on the date of the 
        enactment of this Act.

SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL 
              RECONNAISSANCE OFFICE.

    (a) In General.--The Inspector General Act of 1978 (5 U.S.C. 
App.)--
            (1) in section 8G(a)(2), as amended by section 402, is 
        further amended by striking ``the National Reconnaissance 
        Office,''; and
            (2) in section 12, as amended by section 402, is further 
        amended--
                    (A) in paragraph (1), by inserting ``or the 
                Director of the National Reconnaissance Office;'' 
                before ``as the case may be;''; and
                    (B) in paragraph (2), by inserting ``or the 
                National Reconnaissance Office,'' before ``as the case 
                may be;''.
    (b) Effective Date; Incumbent.--
            (1) Effective date.--The amendments made by subsection (a) 
        shall take effect on the date on which the first Director of 
        the National Reconnaissance Office takes office on or after the 
        date of enactment of this Act.
            (2) Incumbent.--The individual serving as Inspector General 
        of the National Reconnaissance Office on the date of enactment 
        of this Act shall be eligible to be appointed by the President 
        to a new term of service under section 3 of the Inspector 
        General Act of 1978 (5 U.S.C. App.), by and with the advice and 
        consent of the Senate.

                   TITLE V--SECURITY CLEARANCE REFORM

SEC. 501. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

    In this title, the term ``appropriate committees of Congress'' 
means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services and the Committee on 
        Homeland Security and Governmental Affairs of the Senate; and
            (3) the Committee on Armed Services and the Committee on 
        Homeland Security of the House of Representatives.

SEC. 502. TECHNOLOGY IMPROVEMENTS TO SECURITY CLEARANCE PROCESSING.

    (a) In General.--The Director of National Intelligence, in 
consultation with the Secretary of Defense and the Director of the 
Office of Personnel Management, shall conduct an analysis of the 
relative costs and benefits of potential improvements to the process 
for investigating persons who are proposed for access to classified 
information and adjudicating whether such persons satisfy the criteria 
for obtaining and retaining access to such information.
    (b) Contents of Analysis.--In conducting the analysis required by 
subsection (a), the Director of National Intelligence shall evaluate 
the costs and benefits associated with--
            (1) the elimination of manual processes in security 
        clearance investigations and adjudications, if possible, and 
        automating and integrating the elements of the investigation 
        process, including--
                    (A) the clearance application process;
                    (B) case management;
                    (C) adjudication management;
                    (D) investigation methods for the collection, 
                analysis, storage, retrieval, and transfer of data and 
                records; and
                    (E) records management for access and eligibility 
                determinations;
            (2) the elimination or reduction, if possible, of the use 
        of databases and information sources that cannot be accessed 
        and processed automatically electronically, or modification of 
        such databases and information sources, to enable electronic 
        access and processing;
            (3) the use of government-developed and commercial 
        technology for continuous monitoring and evaluation of 
        government and commercial data sources that can identify and 
        flag information pertinent to adjudication guidelines and 
        eligibility determinations;
            (4) the standardization of forms used for routine reporting 
        required of cleared personnel (such as travel, foreign 
        contacts, and financial disclosures) and use of continuous 
        monitoring technology to access databases containing such 
        reportable information to independently obtain and analyze 
        reportable data and events;
            (5) the establishment of an authoritative central 
        repository of personnel security information that is accessible 
        electronically at multiple levels of classification and 
        eliminates technical barriers to rapid access to information 
        necessary for eligibility determinations and reciprocal 
        recognition thereof;
            (6) using digitally processed fingerprints, as a substitute 
        for ink or paper prints, to reduce error rates and improve 
        portability of data;
            (7) expanding the use of technology to improve an 
        applicant's ability to discover the status of a pending 
        security clearance application or reinvestigation; and
            (8) using government and publicly available commercial data 
        sources, including social media, that provide independent 
        information pertinent to adjudication guidelines to improve 
        quality and timeliness, and reduce costs, of investigations and 
        reinvestigations.
    (c) Report to Congress.--Not later than 6 months after the date of 
the enactment of this Act, the Director of National Intelligence shall 
submit to the appropriate committees of Congress a report on the 
analysis required by subsection (a).

SEC. 503. ENHANCED RECIPROCITY OF SECURITY CLEARANCES.

    Section 3001(d) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 3341(d)) is amended by adding at the end the 
following:
    ``(7)(A) No agency may reject another agency's determination that 
an individual is eligible for access to classified information on the 
basis that such eligibility determination is out-of-scope, unless the 
head of the entity selected pursuant to subsection (b) certifies to the 
appropriate committees of Congress that the rejecting agency does not 
employ any personnel who have background investigations that are out-
of-scope.
    ``(B) In this paragraph, the term `out-of-scope' means a background 
investigation or reinvestigation that is more than--
            ``(i) 7 years old in the case of a top secret clearance;
            ``(ii) 10 years old in the case of a secret clearance; or
            ``(iii) 15 years old in the case of a confidential 
        clearance.
    ``(8) All personnel who have been determined to be eligible for 
access to classified information shall be presumed to be suitable for 
employment, unless and until the head of an agency determines on a 
case-by-case basis that an individual is not suitable for employment, 
in which case the individual shall be notified of such suitability 
determination in writing within 15 days.''.

SEC. 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.

SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION PROCESS.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, and annually thereafter until 2017, the Director 
of National Intelligence, in consultation with the Secretary of Defense 
and the Director of the Office of Personnel Management, shall transmit 
to the appropriate committees of Congress a strategic plan for 
improving the process for periodic reinvestigations.
    (b) Contents.--The plan required by subsection (a) shall include--
            (1) an analysis of the costs and benefits associated with 
        conducting more frequent or less frequent periodic 
        reinvestigations; and
            (2) an analysis of the potential benefits of expanding the 
        Government's use of continuous evaluation tools as a means of 
        improving the effectiveness and efficiency of procedures for 
        confirming the eligibility of personnel for continued access to 
        classified information.
    (c) Periodic Reinvestigations Defined.--In this section, the term 
``periodic reinvestigations'' has the meaning given that term in 
section 3001(a) of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (50 U.S.C. 3341(a)).

       TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS

SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY WHISTLEBLOWERS.

    (a) In General.--Chapter 23 of title 5, United States Code, is 
amended by inserting after section 2303 the following:
``Sec. 2303A. Prohibited personnel practices in the intelligence 
              community
    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means an executive 
        department or independent establishment, as defined under 
        sections 101 and 104, that contains an intelligence community 
        element, except the Federal Bureau of Investigation.
            ``(2) Congressional intelligence committees.--The term 
        `congressional intelligence committees' means--
                    ``(A) the Select Committee on Intelligence of the 
                Senate; and
                    ``(B) the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            ``(3) Intelligence community element.--The term 
        `intelligence community element'--
                    ``(A) means--
                            ``(i) the Central Intelligence Agency, the 
                        Defense Intelligence Agency, the National 
                        Geospatial-Intelligence Agency, the National 
                        Security Agency, the Office of the Director of 
                        National Intelligence, and the National 
                        Reconnaissance Office; and
                            ``(ii) any executive agency or unit thereof 
                        determined by the President under section 
                        2302(a)(2)(C)(ii) to have as its principal 
                        function the conduct of foreign intelligence or 
                        counterintelligence activities; and
                    ``(B) does not include the Federal Bureau of 
                Investigation; and
            ``(4) Personnel action.--The term `personnel action' means 
        any action described in clauses (i) through (x) of section 
        2302(a)(2)(A) with respect to an employee in a position in an 
        intelligence community element (other than a position of a 
        confidential, policy-determining, policymaking, or policy-
        advocating character).
    ``(b) In General.--Any employee of an agency who has authority to 
take, direct others to take, recommend, or approve any personnel 
action, shall not, with respect to such authority, take or fail to take 
a personnel action with respect to any employee of an intelligence 
community element as a reprisal for a disclosure of information by the 
employee to the Director of National Intelligence (or an employee 
designated by the Director of National Intelligence for such purpose), 
the Inspector General of the Intelligence Community, the head of the 
employing agency (or an employee designated by the head of that agency 
for such purpose), the appropriate inspector general of the employing 
agency, a congressional intelligence committee, or a member of a 
congressional intelligence committee, which the employee reasonably 
believes evidences--
            ``(1) a violation of any law, rule, or regulation; or
            ``(2) mismanagement, a gross waste of funds, an abuse of 
        authority, or a substantial and specific danger to public 
        health or safety.
    ``(c) Enforcement.--The President shall provide for the enforcement 
of this section in a manner consistent with applicable provisions of 
sections 1214 and 1221.
    ``(d) Existing Rights Preserved.--Nothing in this section shall be 
construed to--
            ``(1) preempt or preclude any employee, or applicant for 
        employment, at the Federal Bureau of Investigation from 
        exercising rights currently provided under any other law, rule, 
        or regulation, including section 2303;
            ``(2) repeal section 2303; or
            ``(3) provide the President or Director of National 
        Intelligence the authority to revise regulations related to 
        section 2303, codified in part 27 of the Code of Federal 
        Regulations.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 23 of title 5, United States Code, is amended by inserting 
after the item relating to section 2303 the following:

``2303A. Prohibited personnel practices in the intelligence 
                            community.''.

SEC. 602. REVIEW OF SECURITY CLEARANCE OR ACCESS DETERMINATIONS.

    (a) In General.--Section 3001(b) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Not'' and inserting ``Except as otherwise provided, not'';
            (2) in paragraph (5), by striking ``and'' after the 
        semicolon;
            (3) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (4) by inserting after paragraph (6) the following:
            ``(7) not later than 180 days after the date of the 
        enactment of the Intelligence Authorization Act for Fiscal Year 
        2014--
                    ``(A) developing policies and procedures that 
                permit, to the extent practicable, individuals who in 
                good faith appeal a determination to suspend or revoke 
                a security clearance or access to classified 
                information to retain their government employment 
                status while such challenge is pending; and
                    ``(B) developing and implementing uniform and 
                consistent policies and procedures to ensure proper 
                protections during the process for denying, suspending, 
                or revoking a security clearance or access to 
                classified information, including the provision of a 
                right to appeal such a denial, suspension, or 
                revocation, except that there shall be no appeal of an 
                agency's suspension of a security clearance or access 
                determination for purposes of conducting an 
                investigation, if that suspension lasts no longer than 
                1 year or the head of the agency certifies that a 
                longer suspension is needed before a final decision on 
                denial or revocation to prevent imminent harm to the 
                national security.
    ``Any limitation period applicable to an agency appeal under 
paragraph (7) shall be tolled until the head of the agency (or in the 
case of any component of the Department of Defense, the Secretary of 
Defense) determines, with the concurrence of the Director of National 
Intelligence, that the policies and procedures described in paragraph 
(7) have been established for the agency or the Director of National 
Intelligence promulgates the policies and procedures under paragraph 
(7). The policies and procedures for appeals developed under paragraph 
(7) shall be comparable to the policies and procedures pertaining to 
prohibited personnel practices defined under section 2302(b)(8) of 
title 5, United States Code, and provide--
            ``(A) for an independent and impartial fact-finder;
            ``(B) for notice and the opportunity to be heard, including 
        the opportunity to present relevant evidence, including witness 
        testimony;
            ``(C) that the employee or former employee may be 
        represented by counsel;
            ``(D) that the employee or former employee has a right to a 
        decision based on the record developed during the appeal;
            ``(E) that not more than 180 days shall pass from the 
        filing of the appeal to the report of the impartial fact-finder 
        to the agency head or the designee of the agency head, unless--
                    ``(i) the employee and the agency concerned agree 
                to an extension; or
                    ``(ii) the impartial fact-finder determines in 
                writing that a greater period of time is required in 
                the interest of fairness or national security;
            ``(F) for the use of information specifically required by 
        Executive order to be kept classified in the interest of 
        national defense or the conduct of foreign affairs in a manner 
        consistent with the interests of national security, including 
        ex parte submissions if the agency determines that the 
        interests of national security so warrant; and
            ``(G) that the employee or former employee shall have no 
        right to compel the production of information specifically 
        required by Executive order to be kept classified in the 
        interest of national defense or the conduct of foreign affairs, 
        except evidence necessary to establish that the employee made 
        the disclosure or communication such employee alleges was 
        protected by subparagraphs (A), (B), and (C) of subsection 
        (j)(1).''.
    (b) Retaliatory Revocation of Security Clearances and Access 
Determinations.--Section 3001 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 3341) is amended by adding at the end 
the following:
    ``(j) Retaliatory Revocation of Security Clearances and Access 
Determinations.--
            ``(1) In general.--Agency personnel with authority over 
        personnel security clearance or access determinations shall not 
        take or fail to take, or threaten to take or fail to take, any 
        action with respect to any employee's security clearance or 
        access determination because of--
                    ``(A) any disclosure of information to the Director 
                of National Intelligence (or an employee designated by 
                the Director of National Intelligence for such purpose) 
                or the head of the employing agency (or employee 
                designated by the head of that agency for such purpose) 
                by an employee that the employee reasonably believes 
                evidences--
                            ``(i) a violation of any law, rule, or 
                        regulation; or
                            ``(ii) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety;
                    ``(B) any disclosure to the Inspector General of an 
                agency or another employee designated by the head of 
                the agency to receive such disclosures, of information 
                which the employee reasonably believes evidences--
                            ``(i) a violation of any law, rule, or 
                        regulation; or
                            ``(ii) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety;
                    ``(C) any communication that complies with--
                            ``(i) subsections (a)(1), (d), and (h) of 
                        section 8H of the Inspector General Act of 1978 
                        (5 U.S.C. App.);
                            ``(ii) subparagraphs (A), (D), and (H) of 
                        section 17(d)(5) of the Central Intelligence 
                        Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
                            ``(iii) subparagraphs (A), (D), and (I) of 
                        section 103H(k)(5) of the National Security Act 
                        of 1947 (50 U.S.C. 3033(k)(5)); and
                    ``(D) if the actions do not result in the employee 
                or applicant unlawfully disclosing information 
                specifically required by Executive order to be kept 
                classified in the interest of national defense or the 
                conduct of foreign affairs--
                            ``(i) the exercise of any appeal, 
                        complaint, or grievance right granted by any 
                        law, rule, or regulation;
                            ``(ii) testifying for or otherwise lawfully 
                        assisting any individual in the exercise of any 
                        right referred to in clause (i); or
                            ``(iii) cooperating with or disclosing 
                        information to the Inspector General of an 
                        agency, in accordance with applicable 
                        provisions of law in connection with an audit, 
                        inspection, or investigation conducted by the 
                        Inspector General.
            ``(2) Rule of construction.--Consistent with the protection 
        of sources and methods, nothing in paragraph (1) shall be 
        construed to authorize the withholding of information from 
        Congress or the taking of any personnel action against an 
        employee who discloses information to Congress.
            ``(3) Disclosures.--
                    ``(A) In general.--A disclosure shall not be 
                excluded from paragraph (1) because--
                            ``(i) the disclosure was made to a person, 
                        including a supervisor, who participated in an 
                        activity that the employee reasonably believed 
                        to be covered by paragraph (1)(A)(ii);
                            ``(ii) the disclosure revealed information 
                        that had been previously disclosed;
                            ``(iii) of the employee's motive for making 
                        the disclosure;
                            ``(iv) the disclosure was not made in 
                        writing;
                            ``(v) the disclosure was made while the 
                        employee was off duty; or
                            ``(vi) of the amount of time which has 
                        passed since the occurrence of the events 
                        described in the disclosure.
                    ``(B) Reprisals.--If a disclosure is made during 
                the normal course of duties of an employee, the 
                disclosure shall not be excluded from paragraph (1) if 
                any employee who has authority to take, direct others 
                to take, recommend, or approve any personnel action 
                with respect to the employee making the disclosure, 
                took, failed to take, or threatened to take or fail to 
                take a personnel action with respect to that employee 
                in reprisal for the disclosure.
            ``(4) Agency adjudication.--
                    ``(A) Remedial procedure.--An employee or former 
                employee who believes that he or she has been subjected 
                to a reprisal prohibited by paragraph (1) may, within 
                90 days after the issuance of notice of such decision, 
                appeal that decision within the agency of that employee 
                or former employee through proceedings authorized by 
                subsection (b)(7), except that there shall be no appeal 
                of an agency's suspension of a security clearance or 
                access determination for purposes of conducting an 
                investigation, if that suspension lasts not longer than 
                1 year (or a longer period in accordance with a 
                certification made under subsection (b)(7)).
                    ``(B) Corrective action.--If, in the course of 
                proceedings authorized under subparagraph (A), it is 
                determined that the adverse security clearance or 
                access determination violated paragraph (1), the agency 
                shall take specific corrective action to return the 
                employee or former employee, as nearly as practicable 
                and reasonable, to the position such employee or former 
                employee would have held had the violation not 
                occurred. Such corrective action shall include 
                reasonable attorney's fees and any other reasonable 
                costs incurred, and may include back pay and related 
                benefits, travel expenses, and compensatory damages not 
                to exceed $300,000.
                    ``(C) Contributing factor.--In determining whether 
                the adverse security clearance or access determination 
                violated paragraph (1), the agency shall find that 
                paragraph (1) was violated if a disclosure described in 
                paragraph (1) was a contributing factor in the adverse 
                security clearance or access determination taken 
                against the individual, unless the agency demonstrates 
                by a preponderance of the evidence that it would have 
                taken the same action in the absence of such 
                disclosure, giving the utmost deference to the agency's 
                assessment of the particular threat to the national 
                security interests of the United States in the instant 
                matter.
            ``(5) Appellate review of security clearance access 
        determinations by director of national intelligence.--
                    ``(A) Definition.--In this paragraph, the term 
                `Board' means the appellate review board established 
                under section 604(b) of the Intelligence Authorization 
                Act for Fiscal Year 2014.
                    ``(B) Appeal.--Within 60 days after receiving 
                notice of an adverse final agency determination under a 
                proceeding under paragraph (4), an employee or former 
                employee may appeal that determination to the Board.
                    ``(C) Policies and procedures.--The Board, in 
                consultation with the Attorney General, Director of 
                National Intelligence, and the Secretary of Defense, 
                shall develop and implement policies and procedures for 
                adjudicating the appeals authorized by subparagraph 
                (B). The Director of National Intelligence and 
                Secretary of Defense shall jointly approve any rules, 
                regulations, or guidance issued by the Board concerning 
                the procedures for the use or handling of classified 
                information.
                    ``(D) Review.--The Board's review shall be on the 
                complete agency record, which shall be made available 
                to the Board. The Board may not hear witnesses or admit 
                additional evidence. Any portions of the record that 
                were submitted ex parte during the agency proceedings 
                shall be submitted ex parte to the Board.
                    ``(E) Further fact-finding or improper denial.--If 
                the Board concludes that further fact-finding is 
                necessary or finds that the agency improperly denied 
                the employee or former employee the opportunity to 
                present evidence that, if admitted, would have a 
                substantial likelihood of altering the outcome, the 
                Board shall remand the matter to the agency from which 
                it originated for additional proceedings in accordance 
                with the rules of procedure issued by the Board.
                    ``(F) De novo determination.--The Board shall make 
                a de novo determination, based on the entire record and 
                under the standards specified in paragraph (4), of 
                whether the employee or former employee received an 
                adverse security clearance or access determination in 
                violation of paragraph (1). In considering the record, 
                the Board may weigh the evidence, judge the credibility 
                of witnesses, and determine controverted questions of 
                fact. In doing so, the Board may consider the prior 
                fact-finder's opportunity to see and hear the 
                witnesses.
                    ``(G) Adverse security clearance or access 
                determination.--If the Board finds that the adverse 
                security clearance or access determination violated 
                paragraph (1), the Board shall separately determine 
                whether reinstating the security clearance or access 
                determination is clearly consistent with the interests 
                of national security, with any doubt resolved in favor 
                of national security, under Executive Order 12968 (60 
                Fed. Reg. 40245; relating to access to classified 
                information) or any successor thereto (including any 
                adjudicative guidelines promulgated under such orders) 
                or any subsequent Executive order, regulation, or 
                policy concerning access to classified information.
                    ``(H) Remedies.--
                            ``(i) Corrective action.--If the Board 
                        finds that the adverse security clearance or 
                        access determination violated paragraph (1), 
                        the Board shall order the agency head to take 
                        specific corrective action to return the 
                        employee or former employee, as nearly as 
                        practicable and reasonable, to the position 
                        such employee or former employee would have 
                        held had the violation not occurred. Such 
                        corrective action shall include reasonable 
                        attorney's fees and any other reasonable costs 
                        incurred, and may include back pay and related 
                        benefits, travel expenses, and compensatory 
                        damages not to exceed $300,000. The Board may 
                        recommend, but may not order, reinstatement or 
                        hiring of a former employee. The Board may 
                        order that the former employee be treated as 
                        though the employee were transferring from the 
                        most recent position held when seeking other 
                        positions within the executive branch. Any 
                        corrective action shall not include the 
                        reinstating of any security clearance or access 
                        determination. The agency head shall take the 
                        actions so ordered within 90 days, unless the 
                        Director of National Intelligence, the 
                        Secretary of Energy, or the Secretary of 
                        Defense, in the case of any component of the 
                        Department of Defense, determines that doing so 
                        would endanger national security.
                            ``(ii) Recommended action.--If the Board 
                        finds that reinstating the employee or former 
                        employee's security clearance or access 
                        determination is clearly consistent with the 
                        interests of national security, the Board shall 
                        recommend such action to the head of the entity 
                        selected under subsection (b) and the head of 
                        the affected agency.
                    ``(I) Congressional notification.--
                            ``(i) Orders.--Consistent with the 
                        protection of sources and methods, at the time 
                        the Board issues an order, the Chairperson of 
                        the Board shall notify--
                                    ``(I) the Committee on Homeland 
                                Security and Government Affairs of the 
                                Senate;
                                    ``(II) the Select Committee on 
                                Intelligence of the Senate;
                                    ``(III) the Committee on Oversight 
                                and Government Reform of the House of 
                                Representatives;
                                    ``(IV) the Permanent Select 
                                Committee on Intelligence of the House 
                                of Representatives; and
                                    ``(V) the committees of the Senate 
                                and the House of Representatives that 
                                have jurisdiction over the employing 
                                agency, including in the case of a 
                                final order or decision of the Defense 
                                Intelligence Agency, the National 
                                Geospatial-Intelligence Agency, the 
                                National Security Agency, or the 
                                National Reconnaissance Office, the 
                                Committee on Armed Services of the 
                                Senate and the Committee on Armed 
                                Services of the House of 
                                Representatives.
                            ``(ii) Recommendations.--If the agency head 
                        and the head of the entity selected under 
                        subsection (b) do not follow the Board's 
                        recommendation to reinstate a clearance, the 
                        head of the entity selected under subsection 
                        (b) shall notify the committees described in 
                        subclauses (I) through (V) of clause (i).
            ``(6) Judicial review.--Nothing in this section shall be 
        construed to permit or require judicial review of any--
                    ``(A) agency action under this section; or
                    ``(B) action of the appellate review board 
                established under section 604(b) of the Intelligence 
                Authorization Act for Fiscal Year 2014.
            ``(7) Private cause of action.--Nothing in this section 
        shall be construed to permit, authorize, or require a private 
        cause of action to challenge the merits of a security clearance 
        determination.''.
    (c) Access Determination Defined.--Section 3001(a) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341(a)) is amended by adding at the end the following:
            ``(9) The term `access determination' means the 
        determination regarding whether an employee--
                    ``(A) is eligible for access to classified 
                information in accordance with Executive Order 12968 
                (60 Fed. Reg. 40245; relating to access to classified 
                information), or any successor thereto, and Executive 
                Order 10865 (25 Fed. Reg. 1583; relating to 
                safeguarding classified information with industry), or 
                any successor thereto; and
                    ``(B) possesses a need to know under such an 
                Order.''.
    (d) Rule of Construction.--Nothing in section 3001 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341), as amended by this title, shall be construed to require the 
repeal or replacement of agency appeal procedures implementing 
Executive Order 12968 (60 Fed. Reg. 40245; relating to access to 
classified information), or any successor thereto, and Executive Order 
10865 (25 Fed. Reg. 1583; relating to safeguarding classified 
information with industry), or any successor thereto, that meet the 
requirements of paragraph (7) of section 3001(b) of such Act, as added 
by this section.

SEC. 603. REVISIONS OF OTHER LAWS.

    (a) Inspector General Act of 1978.--Section 8H of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in subsection (b)--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following:
    ``(2) If the head of an establishment determines that a complaint 
or information transmitted under paragraph (1) would create a conflict 
of interest for the head of the establishment, the head of the 
establishment shall return the complaint or information to the 
Inspector General with that determination and the Inspector General 
shall make the transmission to the Director of National Intelligence 
and, if the establishment is within the Department of Defense, to the 
Secretary of Defense. In such a case, the requirements of this section 
for the head of the establishment apply to each recipient of the 
Inspector General's transmission. Each recipient of the Inspector 
General's transmission shall consult with the members of the appellate 
review board established under section 604(b) of the Intelligence 
Authorization Act for Fiscal Year 2014 regarding all transmissions 
under this paragraph.'';
            (2) by designating subsection (h) as subsection (i); and
            (3) by inserting after subsection (g), the following:
    ``(h) An individual who has submitted a complaint or information to 
an Inspector General under this section may notify any member of 
Congress or congressional staff member of the fact that such individual 
has made a submission to that particular Inspector General, and of the 
date on which such submission was made.''.
    (b) Central Intelligence Agency.--Section 17(d)(5) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is amended--
            (1) in subparagraph (B)--
                    (A) by inserting ``(i)'' after ``(B)''; and
                    (B) by adding at the end the following:
    ``(ii) If the Director determines that a complaint or information 
transmitted under paragraph (1) would create a conflict of interest for 
the Director, the Director shall return the complaint or information to 
the Inspector General with that determination and the Inspector General 
shall make the transmission to the Director of National Intelligence. 
In such a case, the requirements of this subsection for the Director 
apply to the Director of National Intelligence. The Director of 
National Intelligence shall consult with the members of the appellate 
review board established under section 604(b) of the Intelligence 
Authorization Act for Fiscal Year 2014 regarding all transmissions 
under this clause.''; and
            (2) by adding at the end the following:
    ``(H) An individual who has submitted a complaint or information to 
the Inspector General under this section may notify any member of 
Congress or congressional staff member of the fact that such individual 
has made a submission to the Inspector General, and of the date on 
which such submission was made.''.
    (c) National Security Act of 1947.--Section 103H(k)(5) of the 
National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by 
adding at the end the following:
    ``(I) An individual who has submitted a complaint or information to 
the Inspector General under this section may notify any member of 
Congress or congressional staff member of the fact that such individual 
has made a submission to the Inspector General, and of the date on 
which such submission was made.''.

SEC. 604. REGULATIONS; REPORTING REQUIREMENTS; NONAPPLICABILITY TO 
              CERTAIN TERMINATIONS.

    (a) Definitions.--In this section:
            (1) Congressional oversight committees.--The term 
        ``congressional oversight committees'' means--
                    (A) the congressional intelligence committees;
                    (B) the Committee on Homeland Security and 
                Government Affairs of the Senate; and
                    (C) the Committee on Oversight and Government 
                Reform of the House of Representatives.
            (2) Intelligence community element.--The term 
        ``intelligence community element''--
                    (A) means--
                            (i) the Central Intelligence Agency, the 
                        Defense Intelligence Agency, the National 
                        Geospatial-Intelligence Agency, the National 
                        Security Agency, the Office of the Director of 
                        National Intelligence, and the National 
                        Reconnaissance Office; and
                            (ii) any executive agency or unit thereof 
                        determined by the President under section 
                        2302(a)(2)(C)(ii) of title 5, United States 
                        Code, to have as its principal function the 
                        conduct of foreign intelligence or 
                        counterintelligence activities; and
                    (B) does not include the Federal Bureau of 
                Investigation.
    (b) Regulations.--
            (1) In general.--In consultation with the Secretary of 
        Defense, the Director of National Intelligence shall prescribe 
        regulations to ensure that a personnel action shall not be 
        taken against an employee of an intelligence community element 
        as a reprisal for any disclosure of information described in 
        section 2303A(b) of title 5, United States Code, as added by 
        this title.
            (2) Appellate review board.--Not later than 180 days after 
        the date of the enactment of this Act, the Director of National 
        Intelligence, in consultation with the Secretary of Defense, 
        the Attorney General, and the heads of appropriate agencies, 
        shall establish an appellate review board that is broadly 
        representative of affected Departments and agencies and is made 
        up of individuals with expertise in merit systems principles 
        and national security issues--
                    (A) to hear whistleblower appeals related to 
                security clearance access determinations described in 
                subsection (j) of section 3001 of the Intelligence 
                Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
                3341), as added by this title; and
                    (B) that shall include a subpanel that reflects the 
                composition of intelligence community elements, which 
                shall--
                            (i) be composed of intelligence community 
                        elements and inspectors general from 
                        intelligence community elements, for the 
                        purpose of hearing cases that arise in 
                        intelligence community element; and
                            (ii) include the Inspector General of the 
                        Intelligence Community and the Inspector 
                        General of the Department of Defense.
    (c) Report on the Status of Implementation of Regulations.--Not 
later than 2 years after the date of the enactment of this Act, the 
Director of National Intelligence shall submit a report on the status 
of the implementation of the regulations promulgated under subsection 
(b) to the congressional oversight committees.
    (d) Nonapplicability to Certain Terminations.--Section 2303A of 
title 5, United States Code, as added by this title, and section 3001 
of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 
U.S.C. 3341), as amended by this title, shall not apply if the affected 
employee is concurrently terminated under--
            (1) section 1609 of title 10, United States Code;
            (2) the authority of the Director of National Intelligence 
        under section 102A(m) of the National Security Act of 1947 (50 
        U.S.C. 3024(m)), if--
                    (A) the Director personally summarily terminates 
                the individual; and
                    (B) the Director--
                            (i) determines the termination to be in the 
                        interest of the United States;
                            (ii) determines that the procedures 
                        prescribed in other provisions of law that 
                        authorize the termination of the employment of 
                        such employee cannot be invoked in a manner 
                        consistent with the national security; and
                            (iii) not later than 5 days after such 
                        termination, notifies the congressional 
                        oversight committees of the termination;
            (3) the authority of the Director of the Central 
        Intelligence Agency under section 104A(e) of the National 
        Security Act of 1947 (50 U.S.C. 3036(e)), if--
                    (A) the Director personally summarily terminates 
                the individual; and
                    (B) the Director--
                            (i) determines the termination to be in the 
                        interest of the United States;
                            (ii) determines that the procedures 
                        prescribed in other provisions of law that 
                        authorize the termination of the employment of 
                        such employee cannot be invoked in a manner 
                        consistent with the national security; and
                            (iii) not later than 5 days after such 
                        termination, notifies the congressional 
                        oversight committees of the termination; or
            (4) section 7532 of title 5, United States Code, if--
                    (A) the agency head personally terminates the 
                individual; and
                    (B) the agency head--
                            (i) determines the termination to be in the 
                        interest of the United States;
                            (ii) determines that the procedures 
                        prescribed in other provisions of law that 
                        authorize the termination of the employment of 
                        such employee cannot be invoked in a manner 
                        consistent with the national security; and
                            (iii) not later than 5 days after such 
                        termination, notifies the congressional 
                        oversight committees of the termination.

                        TITLE VII--OTHER MATTERS

SEC. 701. REPEAL OF THE TERMINATION OF NOTIFICATION REQUIREMENTS 
              REGARDING THE AUTHORIZED DISCLOSURE OF NATIONAL 
              INTELLIGENCE.

    Section 504 of the Intelligence Authorization Act for Fiscal Year 
2013 (Public Law 112-277; 126 Stat. 2477) is amended by striking 
subsection (e).

SEC. 702. GIFTS, DEVISES, AND BEQUESTS.

    Section 12 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3512) is amended--
            (1) by striking the section heading and inserting ``gifts, 
        devises, and bequests'';
            (2) in subsection (a)(2)--
                    (A) by inserting ``by the Director as a gift to the 
                Agency'' after ``accepted''; and
                    (B) by striking ``this section,'' and inserting 
                ``subsection (a),'';
            (3) in subsection (b), by striking ``this section,'' and 
        inserting ``subsection (a),'';
            (4) in subsection (c), by striking ``this section,'' and 
        inserting ``subsection (a),'';
            (5) in subsection (d), by striking ``this section'' and 
        inserting ``subsection (a)'';
            (6) by redesignating subsection (f) as subsection (g); and
            (7) by inserting after subsection (e) the following:
    ``(f)(1) The Director may engage in fundraising in an official 
capacity for the benefit of nonprofit organizations that provide 
support to surviving family members of deceased Agency employees or 
that otherwise provide support for the welfare, education, or 
recreation of Agency employees, former Agency employees, or their 
family members.
    ``(2) In this subsection, the term `fundraising' means the raising 
of funds through the active participation in the promotion, production, 
or presentation of an event designed to raise funds and does not 
include the direct solicitation of money by any other means.''.

SEC. 703. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
                                                       Calendar No. 244

113th CONGRESS

  1st Session

                                S. 1681

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for fiscal year 2014 for intelligence and 
intelligence-related activities of the United States Government and the 
     Office of the Director of National Intelligence, the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

_______________________________________________________________________

                           November 12, 2013

                 Read twice and placed on the calendar