[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1705 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 141
114th CONGRESS
  1st Session
                                S. 1705

 To authorize appropriations for fiscal year 2016 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2015

   Mr. Burr 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 2016 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

    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 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary effects.
                    TITLE I--INTELLIGENCE ACTIVITIES

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

Sec. 201. Authorization of appropriations.
           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Notification of appointment and separation of senior level 
                            personnel of the intelligence community.
  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

             Subtitle A--Director of National Intelligence

Sec. 401. Appointment and confirmation of the National 
                            Counterintelligence Executive.
Sec. 402. Inclusion of Inspector General of the Intelligence Community 
                            in Council of Inspectors General on 
                            Integrity and Efficiency.
Sec. 403. Provision of information and assistance to Inspector General 
                            of the Intelligence Community.
                Subtitle B--Central Intelligence Agency

Sec. 411. Analytic objectivity review.
Sec. 412. Authorities of the Inspector General for the Central 
                            Intelligence Agency.
             TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

                 Subtitle A--Matters Relating to Russia

Sec. 501. Notice of deployment or transfer of Club-K container missile 
                            system by the Russian Federation.
Sec. 502. Assessment on the funding of political parties and 
                            nongovernmental organizations by the 
                            Russian Federation.
Sec. 503. Assessment on the use of political assassinations as a form 
                            of statecraft by the Russian Federation.
            Subtitle B--Matters Relating to Other Countries

Sec. 511. Report on resources and collection posture with regard to the 
                            South China Sea and East China Sea.
Sec. 512. Replacement of locally employed staff serving at United 
                            States diplomatic facilities in Cuba.
Sec. 513. Inclusion of sensitive compartmented information facilities 
                            in United States diplomatic facilities in 
                            Cuba.
Sec. 514. Report on use by Iran of funds made available through 
                            sanctions relief.
                      TITLE VI--GENERAL PROVISIONS

Sec. 601. Intelligence oversight exception for contractual non-
                            disclosure provisions.
Sec. 602. Notification of changes to retention of call detail record 
                            policies.
Sec. 603. Requirement to report terrorist activities and the unlawful 
                            distribution of information relating to 
                            explosives.
Sec. 604. Broadening the scope of the Office of the Director of 
                            National Intelligence tradecraft review.
Sec. 605. Strategy for comprehensive interagency review of the United 
                            States national security overhead satellite 
                            architecture.
Sec. 606. Unauthorized dealings in special nuclear material.
Sec. 607. Enhancing government personnel security programs.
Sec. 608. Technical amendments relating to pay under title 5, United 
                            States Code.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the congressional intelligence committees;
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate; and
                    (C) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            (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.--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)).

SEC. 3. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2016 
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, subject to section 
103, the authorized personnel ceilings as of September 30, 2016, 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. 
1705 of the One Hundred Fourteenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of 
        Authorizations referred to in subsection (a) shall be made 
        available to the Committee on Appropriations of the Senate, the 
        Committee on Appropriations of the House of Representatives, 
        and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the 
                budget; or
                    (C) as otherwise required by law.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Increases.--The Director of National Intelligence 
may authorize employment of civilian personnel in excess of the number 
authorized for fiscal year 2016 by the classified Schedule of 
Authorizations referred to in section 102(a) if the Director of 
National Intelligence determines that such action is necessary to the 
performance of important intelligence functions, except that the number 
of personnel employed in excess of the number authorized under such 
section may not, for any element of the intelligence community, exceed 
3 percent of the number of civilian personnel authorized under such 
Schedule for such element.
    (b) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 102(a), including any exemption from such 
personnel levels, of employment or assignment in--
            (1) a student program, trainee program, or similar program;
            (2) a reserve corps or as a reemployed annuitant; or
            (3) a detail, joint duty, or long term, full-time training.
    (c) Notice to Congressional Intelligence Committees.--The Director 
of National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to each exercise of an 
authority described in subsection (a).

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 2016 the sum of 
$520,073,000. 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, 
2017.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 785 positions as of September 30, 2015. 
Personnel serving in such elements may be permanent employees of the 
Office of the Director of National Intelligence or personnel detailed 
from other elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are 
        authorized to be appropriated for the Community Management 
        Account for fiscal year 2015 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for advanced 
        research and development shall remain available until September 
        30, 2017.
            (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, 
        2016, 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 2016 the sum of 
$514,000,000.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

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

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

SEC. 303. NOTIFICATION OF APPOINTMENT AND SEPARATION OF SENIOR LEVEL 
              PERSONNEL OF THE INTELLIGENCE COMMUNITY.

    (a) Requirement to Notify.--The Director of National Intelligence 
shall establish a policy to ensure that the head of each appropriate 
element of the intelligence community shall notify the appropriate 
committees of Congress, on a quarterly basis, of each appointment of an 
individual to or separation from a senior level position during the 
previous 3-month period.
    (b) Senior Level Position Defined.--For the purpose of this 
section, the term ``senior level position'' shall include positions in 
the Senior National Intelligence Service, the Senior Intelligence 
Service, the Senior Executive Service, the Defense Intelligence Senior 
Executive Service, a Defense Intelligence Senior Leader, or similar 
position within the intelligence community.
    (c) Notification of Appointment.--A notification of the appointment 
of an individual to a senior level position required by subsection (a) 
shall include the following:
            (1) A summary of the significant previous employment and 
        accomplishments of the individual, such as a career biography 
        and any academic degrees earned.
            (2) Any other information appropriate to demonstrate that 
        the individual is well-qualified to meet the needs of the 
        intelligence community and that there is no significant and 
        credible information to suggest that the individual is unfit or 
        unqualified for such a position.
    (d) Notification of Separation.--A notification of a separation of 
an individual from a senior level position required by subsection (a) 
shall include the effective date of the separation.

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

             Subtitle A--Director of National Intelligence

SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NATIONAL 
              COUNTERINTELLIGENCE EXECUTIVE.

    Section 902(a) of the Counterintelligence Enhancement Act of 2002 
(50 U.S.C. 3382) is amended to read as follows:
    ``(a) Establishment.--(1) There shall be a National 
Counterintelligence Executive who shall be appointed by the President, 
by and with the advice and consent of the Senate.
    ``(2) The President shall make an initial appointment of the 
National Counterintelligence Executive under paragraph (1) not later 
than one year after the date of the enactment of the Intelligence 
Authorization Act for Fiscal Year 2016.''.

SEC. 402. INCLUSION OF INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY 
              IN COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND 
              EFFICIENCY.

    Section 11(b)(1)(B) of the Inspector General Act of 1978 (Public 
Law 95-452; 5 U.S.C. App.) is amended by striking ``Office of the 
Director of National Intelligence'' and inserting ``Intelligence 
Community''.

SEC. 403. PROVISION OF INFORMATION AND ASSISTANCE TO INSPECTOR GENERAL 
              OF THE INTELLIGENCE COMMUNITY.

    Section 103H(j)(4) of the National Security Act of 1947 (50 U.S.C. 
3033(j)(4)) is amended--
            (1) in subparagraph (A), by striking ``any department, 
        agency, or other element of the United States Government'' and 
        inserting ``any Federal, State (as defined in section 804), or 
        local governmental agency or unit thereof''; and
            (2) in subparagraph (B), by inserting ``from a department, 
        agency, or element of the Federal Government'' before ``under 
        subparagraph (A)''.

                Subtitle B--Central Intelligence Agency

SEC. 411. ANALYTIC OBJECTIVITY REVIEW.

    (a) Assessment.--The Director of National Intelligence shall assign 
the Chief of the Analytic Integrity and Standards Group, in 
consultation with the Senior Analytic Service at the Central 
Intelligence Agency, to conduct a review of finished intelligence 
products produced by the Central Intelligence Agency to assess whether 
the reorganization of the Agency, announced publicly on March 6, 2015, 
has resulted in any loss of analytic objectivity.
    (b) Submission.--Not later than March 6, 2017, the Director of 
National Intelligence shall submit to the congressional intelligence 
committees, in writing, the results of the review required under 
subsection (a), including--
            (1) an assessment comparing a representative sample of 
        finished intelligence products produced by the Central 
        Intelligence Agency before the reorganization and a 
        representative sample of such finished intelligence products 
        produced after the reorganization, with a focus on the analytic 
        standard of objectivity;
            (2) an assessment comparing the historical results of 
        anonymous surveys of Central Intelligence Agency analysts and 
        customers conducted before the reorganization and the results 
        of such anonymous surveys conducted after the reorganization, 
        with a focus on the analytic standard of objectivity;
            (3) a metrics-based evaluation measuring the effect that 
        the reorganization's integration of operational, analytic, 
        support, technical, and digital personnel and capabilities into 
        Mission Centers has had on analytic objectivity; and
            (4) any recommendations for ensuring that Central 
        Intelligence Agency analysts perform their functions with 
        objectivity, are not unduly constrained, and are not influenced 
        by the force of preference for a particular policy.

SEC. 412. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL 
              INTELLIGENCE AGENCY.

    (a) Information and Assistance.--Paragraph (9) of section 17(e) of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(9)) is 
amended to read as follows:
    ``(9)(A) The Inspector General may request such information or 
assistance as may be necessary for carrying out the duties and 
responsibilities of the Inspector General provided by this section from 
any Federal, State, or local governmental agency or unit thereof.
    ``(B) Upon request of the Inspector General for information or 
assistance from a department or agency of the Federal Government, the 
head of the department or agency involved, insofar as practicable and 
not in contravention of any existing statutory restriction or 
regulation of such department or agency, shall furnish to the Inspector 
General, or to an authorized designee, such information or assistance.
    ``(C) Nothing in this paragraph may be construed to provide any new 
authority to the Central Intelligence Agency to conduct intelligence 
activity in the United States.
    ``(D) In this paragraph, the term State means each of the several 
States, the District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, and any territory or 
possession of the United States.''.
    (b) Technical Amendments Relating to Selection of Employees.--
Paragraph (7) of such section (50 U.S.C. 3517(e)(7)) is amended--
            (1) by inserting ``(A)'' before ``Subject to applicable 
        law''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) Consistent with budgetary and personnel resources allocated 
by the Director, the Inspector General has final approval of--
            ``(i) the selection of internal and external candidates for 
        employment with the Office of Inspector General; and
            ``(ii) all other personnel decisions concerning personnel 
        permanently assigned to the Office of Inspector General, 
        including selection and appointment to the Senior Intelligence 
        Service, but excluding all security-based determinations that 
        are not within the authority of a head of other Central 
        Intelligence Agency offices.''.

             TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

                 Subtitle A--Matters Relating to Russia

SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF CLUB-K CONTAINER MISSILE 
              SYSTEM BY THE RUSSIAN FEDERATION.

    (a) Notice to Congress.--The Director of National Intelligence 
shall submit to the appropriate committees of Congress written notice 
if the intelligence community receives intelligence that the Russian 
Federation has--
            (1) deployed, or is about to deploy, the Club-K container 
        missile system through the Russian military; or
            (2) transferred or sold, or intends to transfer or sell, 
        the Club-K container missile system to another state or non-
        state actor.
    (b) Notice to Congressional Intelligence Committees.--Not later 
than 30 days after the date that a notice is submitted under subsection 
(a), the Director of National Intelligence shall submit to the 
congressional intelligence committees a written update regarding any 
intelligence community engagement with a foreign partner on the 
deployment and impacts of a deployment of the Club-K container missile 
system to any potentially impacted nation.

SEC. 502. ASSESSMENT ON THE FUNDING OF POLITICAL PARTIES AND 
              NONGOVERNMENTAL ORGANIZATIONS BY THE RUSSIAN FEDERATION.

    Not later than 180 days after the date of the enactment of this 
Act, the Director of National Intelligence shall submit to the 
appropriate committees of Congress an intelligence community assessment 
on the funding of political parties and nongovernmental organizations 
in former Soviet States and Europe by the Russian Federation and the 
Russian Federation security and intelligence services since January 1, 
2006. Such assessment shall include the country involved, the entity 
funded, the security service involved, and the intended impact.

SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSASSINATIONS AS A FORM 
              OF STATECRAFT BY THE RUSSIAN FEDERATION.

    (a) Requirement for Assessment.--Not later than 180 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to the appropriate committees of Congress an 
intelligence community assessment on the use of political 
assassinations as a form of statecraft by the Russian Federation since 
January 1, 2000.
    (b) Content.--The assessment required by subsection (a) shall 
include--
            (1) a list of Russian politicians, businessmen, dissidents, 
        journalists, current or former government officials, foreign 
        heads-of-state, foreign political leaders, foreign journalists, 
        members of nongovernmental organization, and other relevant 
        individuals that the intelligence community assesses were 
        assassinated by Russian Security Services, or agents of such 
        Services, since January 1, 2000; and
            (2) for each individual described in paragraph (1), the 
        country in which the assassination took place, the means used, 
        associated individuals and organizations, and other background 
        information related to the assassination of the individual.

            Subtitle B--Matters Relating to Other Countries

SEC. 511. REPORT ON RESOURCES AND COLLECTION POSTURE WITH REGARD TO THE 
              SOUTH CHINA SEA AND EAST CHINA SEA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees an intelligence 
community assessment on the resources utilized for collection efforts 
and the collection posture of the intelligence community with regard to 
the South China Sea and East China Sea.
    (b) Elements.--The intelligence community assessment required by 
subsection (a) shall provide detailed information related to United 
States intelligence collection with regard to the South China Sea and 
East China Sea, to include--
            (1) a review of intelligence community collection 
        activities and a description of these activities, to include 
        the lead agency, key partners, purpose of collection activity, 
        annual funding and personnel, the manner in which the 
        collection is conducted, and types of information collected;
            (2) an explanation of how the intelligence community 
        prioritizes and coordinates collection activities focused on 
        the region; and
            (3) a description of any collection and resourcing gaps and 
        efforts being made to address them.

SEC. 512. REPLACEMENT OF LOCALLY EMPLOYED STAFF SERVING AT UNITED 
              STATES DIPLOMATIC FACILITIES IN CUBA.

    (a) Employment Requirement.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary of State shall ensure that, not later than 1 year 
        after the date of the enactment of this Act, every supervisory 
        position at a United States diplomatic facility in Cuba is 
        occupied by a citizen of the United States who has been 
        subjected to, and has passed, a thorough background check.
            (2) Extension.--The Secretary of State may extend the 
        deadline under paragraph (1) for up to 1 year by providing 
        advance written notification and justification of such 
        extension to the appropriate congressional committees.
            (3) Progress report.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of State shall 
        submit a report to the appropriate congressional committees 
        that describes the progress made toward meeting the requirement 
        under paragraph (1).
    (b) Plan for Reduced Use of Locally Employed Staff.--Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
State, in coordination with other appropriate Federal agencies, shall 
submit a plan to the appropriate congressional committees for reducing 
the reliance on locally employed staff in United States diplomatic 
facilities in Cuba that includes cost estimates, timelines, and numbers 
of employees to be replaced.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (3) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.

SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION FACILITIES 
              IN UNITED STATES DIPLOMATIC FACILITIES IN CUBA.

    (a) Restricted Access Space Requirement.--Each United States 
diplomatic facility that, after the date of the enactment of this Act, 
is constructed in, or undergoes a construction upgrade in Cuba shall be 
constructed to include a sensitive compartmented information facility.
    (b) National Security Waiver.--The Secretary of State may waive the 
requirement under subsection (a) if the Secretary--
            (1) determines that such waiver is in the national security 
        interest of the United States; and
            (2) submits a written justification for such waiver to the 
        relevant congressional committees not later than 180 days 
        before exercising such waiver.
    (c) Relevant Congressional Committees Defined.--In this section, 
the term ``relevant congressional committees'' means--
            (1) the appropriate committees of Congress;
            (2) the Committee on Appropriations of the Senate; and
            (3) the Committee on Appropriations of the House of 
        Representatives.

SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAILABLE THROUGH 
              SANCTIONS RELIEF.

    (a) In General.--At the times specified in subsection (b), the 
Director of National Intelligence, in consultation with the Secretary 
of the Treasury, shall submit to the appropriate congressional 
committees a report assessing the following:
            (1) The monetary value of any direct or indirect forms of 
        sanctions relief that Iran has received since the Joint Plan of 
        Action first entered into effect.
            (2) How Iran has used funds made available through 
        sanctions relief, including the extent to which any such funds 
        have facilitated the ability of Iran--
                    (A) to provide support for--
                            (i) any individual or entity designated for 
                        the imposition of sanctions for activities 
                        relating to international terrorism pursuant to 
                        an Executive order or by the Office of Foreign 
                        Assets Control of the Department of the 
                        Treasury on or before the enactment of this 
                        Act;
                            (ii) any organization designated by the 
                        Secretary of State as a foreign terrorist 
                        organization under section 219(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1189(a)) on or before the enactment of this 
                        Act; or
                            (iii) any other terrorist organization, 
                        including Hamas, Hezbollah, Palestinian Islamic 
                        Jihad, or the regime of Bashar al-Assad in 
                        Syria;
                    (B) to advance the efforts of Iran or any other 
                country to develop nuclear weapons or ballistic 
                missiles overtly or covertly; or
                    (C) to commit any violation of the human rights of 
                the people of Iran.
            (3) The extent to which any senior officials of the 
        Government of Iran have diverted any funds from sanctions 
        relief into their personal accounts.
    (b) Submission to Congress.--
            (1) In general.--The Director shall submit the report 
        required by subsection (a) to the appropriate congressional 
        committees--
                    (A) not later than 180 days after the date of the 
                enactment of this Act and every 180 days thereafter 
                while the Joint Plan of Action is in effect; and
                    (B) not later than one year after a subsequent 
                agreement with Iran relating to Iran's nuclear program 
                takes effect and annually thereafter while that 
                agreement remains in effect.
            (2) Nonduplication.--The Director may submit the 
        information required by subsection (a) with a report required 
        to be submitted to Congress under another provision of law if--
                    (A) the Director notifies the appropriate 
                congressional committees of the intention of the 
                Director to do so before submitting that report; and
                    (B) all matters required to be covered by 
                subsection (a) are included in that report.
    (c) Form of Reports.--Each report required by subsection (a) shall 
be submitted in unclassified form, but may include a classified annex.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs, the Committee on Finance, the Committee on 
                Foreign Relations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Financial Services, the 
                Committee on Foreign Affairs, the Committee on Ways and 
                Means, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (2) Joint plan of action.--The term ``Joint Plan of 
        Action'' means the Joint Plan of Action, signed at Geneva 
        November 24, 2013, by Iran and by France, Germany, the Russian 
        Federation, the People's Republic of China, the United Kingdom, 
        and the United States, and all implementing materials and 
        agreements related to the Joint Plan of Action, including the 
        technical understandings reached on January 12, 2014, the 
        extension thereto agreed to on July 18, 2014, and the extension 
        thereto agreed to on November 24, 2014.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. INTELLIGENCE OVERSIGHT EXCEPTION FOR CONTRACTUAL NON-
              DISCLOSURE PROVISIONS.

    (a) In General.--No provision of an intelligence contract that 
prohibits the disclosure of information may be construed to prohibit an 
element of the intelligence community from providing information to the 
congressional intelligence committees.
    (b) Intelligence Contract Defined.--In this section, the term 
``intelligence contract'' means a contract entered into by an element 
of the intelligence community.
    (c) Limitation on Liability.--No cause of action shall lie in any 
court against an element of the intelligence community or an officer, 
employee, or contractor of such element that provides information 
pursuant to subsection (a).
    (d) Construction.--Nothing in this section may be construed to 
modify the requirements of section 5.403 of title 48, Code of Federal 
Regulations (related to requests from Members of Congress).

SEC. 602. NOTIFICATION OF CHANGES TO RETENTION OF CALL DETAIL RECORD 
              POLICIES.

    (a) Requirement To Retain.--Not later than 15 days after learning 
that an electronic communication service provider that generates call 
detail records in the ordinary course of business has changed its 
policy on the retention of such call detail records to result in a 
retention period of less than 18 months, the Director of National 
Intelligence shall provide written notification of such change to the 
congressional intelligence committees.
    (b) Definitions.--In this section:
            (1) Call detail record.--The term ``call detail record''--
                    (A) means session-identifying information 
                (including an originating or terminating telephone 
                number, an International Mobile Subscriber Identity 
                number, or an International Mobile Station Equipment 
                Identity number), a telephone calling card number, or 
                the time or duration of a call; and
                    (B) does not include--
                            (i) the contents (as defined in section 
                        2510(8) of title 18, United States Code) of any 
                        communication;
                            (ii) the name, address, or financial 
                        information of a subscriber or customer; or
                            (iii) cell site location or global 
                        positioning system information.
            (2) Electronic communication service.--The term 
        ``electronic communication service'' has the meaning given that 
        term in section 2510 of title 18, United States Code.

SEC. 603. REQUIREMENT TO REPORT TERRORIST ACTIVITIES AND THE UNLAWFUL 
              DISTRIBUTION OF INFORMATION RELATING TO EXPLOSIVES.

    (a) Duty To Report.--Whoever, while engaged in providing an 
electronic communication service or a remote computing service to the 
public through a facility or means of interstate or foreign commerce, 
obtains actual knowledge of any terrorist activity, including the facts 
or circumstances described in subsection (c) shall, as soon as 
reasonably possible, provide to the appropriate authorities the facts 
or circumstances of the alleged terrorist activities.
    (b) Attorney General Determination.--The Attorney General shall 
determine the appropriate authorities under subsection (a).
    (c) Facts or Circumstances.--The facts or circumstances described 
in this subsection, include any facts or circumstances from which there 
is an apparent violation of section 842(p) of title 18, United States 
Code, that involves distribution of information relating to explosives, 
destructive devices, and weapons of mass destruction.
    (d) Protection of Privacy.--Nothing in this section may be 
construed to require an electronic communication service provider or a 
remote computing service provider--
            (1) to monitor any user, subscriber, or customer of that 
        provider; or
            (2) to monitor the content of any communication of any 
        person described in paragraph (1).

SEC. 604. BROADENING THE SCOPE OF THE OFFICE OF THE DIRECTOR OF 
              NATIONAL INTELLIGENCE TRADECRAFT REVIEW.

    Section 1019(b)(2)(A) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 3364(b)(2)(A)) is amended by striking 
``and incorporate, where appropriate, alternative analyses; and'' and 
inserting ``incorporate, where appropriate, alternative analyses, and 
explain how substantially similar, contemporaneous intelligence 
products are distinct in terms of source material, timeframe, 
methodology, or other distinguishing analytic characteristic; and''.

SEC. 605. STRATEGY FOR COMPREHENSIVE INTERAGENCY REVIEW OF THE UNITED 
              STATES NATIONAL SECURITY OVERHEAD SATELLITE ARCHITECTURE.

    (a) Requirement for Strategy.--The Director of National 
Intelligence shall collaborate with the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff to develop a strategy, with 
milestones and benchmarks, to ensure that there is a comprehensive 
interagency review of policies and practices for planning and acquiring 
national security satellite systems and architectures, including the 
capabilities of commercial systems and partner countries, consistent 
with the National Space Policy issued on June 28, 2010. Such strategy 
shall, where applicable, account for the unique missions and 
authorities vested in the Department of Defense and the intelligence 
community.
    (b) Elements.--The strategy required by subsection (a) shall ensure 
that the United States national security overhead satellite 
architecture--
            (1) meets the needs of the United States in peace time and 
        is resilient in war time;
            (2) responsibly stewards the taxpayers' dollars;
            (3) accurately takes into account cost and performance 
        tradeoffs;
            (4) meets realistic requirements;
            (5) produces excellence, innovation, competition, and a 
        robust industrial base;
            (6) aims to produce innovative satellite systems in less 
        than 5 years that are able to leverage common, standardized 
        design elements and commercially available technologies;
            (7) takes advantage of rapid advances in commercial 
        technology, innovation, and commercial-like acquisition 
        practices;
            (8) is open to innovative concepts such as distributed, 
        disaggregated architectures that could allow for better 
        resiliency, reconstitution, replenishment, and rapid 
        technological refresh; and
            (9) emphasizes deterrence and recognizes the importance of 
        offensive and defensive space control capabilities.
    (c) Report on Strategy.--Not later than February 28, 2016, the 
Director of National Intelligence, the Secretary of Defense, and the 
Chairman of the Joint Chiefs of Staff shall submit to the congressional 
intelligence committees, the Committee on Armed Services of the Senate, 
and the Committee on Armed Services of the House of Representatives a 
report on the strategy required by subsection (a).

SEC. 606. UNAUTHORIZED DEALINGS IN SPECIAL NUCLEAR MATERIAL.

    Section 57b.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
2077(b)(2)) is amended in the first sentence in the proviso by 
inserting ``the Director of National Intelligence,'' after 
``Commerce,''.

SEC. 607. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS.

    (a) Definitions.--In this section:
            (1) Covered individual.--The term ``covered individual'' 
        means an individual who has been determined eligible for access 
        to classified information or eligible to hold a sensitive 
        position.
            (2) Periodic reinvestigations.--The term ``periodic 
        reinvestigations'' means investigations conducted periodically, 
        with a frequency as required by the Director of National 
        Intelligence, for the purpose of updating a previously 
        completed background investigation.
    (b) Resolution of Backlog of Overdue Periodic Reinvestigations.--
            (1) In general.--The Director of National Intelligence 
        shall develop and implement a plan to eliminate the backlog of 
        overdue periodic reinvestigations of covered individuals.
            (2) Requirements.--The plan developed under paragraph (1) 
        shall--
                    (A) use a risk-based approach to--
                            (i) identify high-risk populations; and
                            (ii) prioritize reinvestigations that are 
                        due or overdue to be conducted; and
                    (B) use random automated record checks of covered 
                individuals that shall include all covered individuals 
                in the pool of individuals subject to a one-time check.
    (c) Enhanced Security Clearance Programs.--Part III of title 5, 
United States Code, is amended by adding at the end the following:

           ``Subpart J--Enhanced Personnel Security Programs

          ``CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS

``Sec.
``11001. Enhanced personnel security programs.

``SEC. 11001. ENHANCED PERSONNEL SECURITY PROGRAMS.

    ``(a) Definitions.--In this section--
            ``(1) the term `agency' has the meaning given that term in 
        section 3001 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (50 U.S.C. 3341);
            ``(2) the term `consumer reporting agency' has the meaning 
        given that term in section 603 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681a);
            ``(3) the term `covered individual' means an individual who 
        has been determined eligible for access to classified 
        information or eligible to hold a sensitive position;
            ``(4) the term `enhanced personnel security program' means 
        a program implemented by an agency at the direction of the 
        Director of National Intelligence under subsection (b); and
            ``(5) the term `periodic reinvestigations' means 
        investigations conducted periodically, with a frequency as 
        required by the Director of National Intelligence, for the 
        purpose of updating a previously completed background 
        investigation.
    ``(b) Enhanced Personnel Security Program.--The Director of 
National Intelligence shall direct each agency to implement a program 
to provide enhanced security review of covered individuals--
            ``(1) in accordance with this section; and
            ``(2) not later than the earlier of--
                    ``(A) the date that is 5 years after the date of 
                enactment of the Intelligence Authorization Act for 
                Fiscal Year 2016; or
                    ``(B) the date on which the backlog of overdue 
                periodic reinvestigations of covered individuals is 
                eliminated, as determined by the Director of National 
                Intelligence.
    ``(c) Comprehensiveness.--
            ``(1) Sources of information.--The enhanced personnel 
        security program of an agency shall integrate relevant 
        information from various sources, including government, 
        publicly available, and commercial data sources, consumer 
        reporting agencies, social media, and such other sources as 
        determined by the Director of National Intelligence.
            ``(2) Types of information.--Information obtained and 
        integrated from sources described in paragraph (1) may 
        include--
                    ``(A) information relating to any criminal or civil 
                legal proceeding;
                    ``(B) financial information relating to the covered 
                individual, including the credit worthiness of the 
                covered individual;
                    ``(C) public information, including news articles 
                or reports, that includes relevant security or 
                counterintelligence information about the covered 
                individual;
                    ``(D) publicly available electronic information, to 
                include relevant security or counterintelligence 
                information on any social media website or forum, that 
                may suggest ill intent, vulnerability to blackmail, 
                compulsive behavior, allegiance to another country, 
                change in ideology, or any other information that may 
                suggest the covered individual lacks good judgment, 
                reliability or trustworthiness; and
                    ``(E) data maintained on any terrorist or criminal 
                watch list maintained by any agency, State or local 
                government, or international organization.
    ``(d) Reviews of Covered Individuals.--
            ``(1) Reviews.--
                    ``(A) In general.--The enhanced personnel security 
                program of an agency shall require that, not less than 
                2 times every 5 years, the head of the agency shall 
                conduct or request the conduct of automated record 
                checks and checks of information from sources under 
                subsection (c) to ensure the continued eligibility of 
                each covered individual employed by the agency or a 
                contractor of the agency, unless more frequent reviews 
                of automated record checks and checks of information 
                from sources under subsection (c) are conducted on the 
                covered individual.
                    ``(B) Scope of reviews.--Except for a covered 
                individual who is subject to more frequent reviews to 
                ensure the continued eligibility of the covered 
                individual, the reviews under subparagraph (A) shall 
                consist of random or aperiodic checks of covered 
                individuals, such that each covered individual is 
                subject to at least 2 reviews during the 5-year period 
                beginning on the date on which the agency implements 
                the enhanced personnel security program of an agency, 
                and during each 5-year period thereafter.
                    ``(C) Individual reviews.--A review of the 
                information relating to the continued eligibility of a 
                covered individual under subparagraph (A) may not be 
                conducted until after the end of the 120-day period 
                beginning on the date the covered individual receives 
                the notification required under paragraph (3).
            ``(2) Results.--The head of an agency shall take 
        appropriate action if a review under paragraph (1) finds 
        relevant information that may affect the continued eligibility 
        of a covered individual.
            ``(3) Information for covered individuals.--The head of an 
        agency shall ensure that each covered individual employed by 
        the agency or a contractor of the agency is adequately advised 
        of the types of relevant security or counterintelligence 
        information the covered individual is required to report to the 
        head of the agency.
            ``(4) Limitation.--Nothing in this subsection shall be 
        construed to affect the authority of an agency to determine the 
        appropriate weight to be given to information relating to a 
        covered individual in evaluating the continued eligibility of 
        the covered individual.
            ``(5) Guidance for minor financial or mental health 
        issues.--The Director of National Intelligence shall issue 
        guidance defining minor financial or mental health issues, in 
        accordance with this section and any direction from the 
        President.
            ``(6) Authority of the president.--Nothing in this 
        subsection shall be construed as limiting the authority of the 
        President to direct or perpetuate periodic reinvestigations of 
        a more comprehensive nature or to delegate the authority to 
        direct or perpetuate such reinvestigations.
    ``(e) Audit.--
            ``(1) In general.--Beginning 2 years after the date of 
        implementation of the enhanced personnel security program of an 
        agency under subsection (b), the Inspector General of the 
        agency shall conduct at least 1 audit to assess the 
        effectiveness and fairness, which shall be determined in 
        accordance with performance measures and standards established 
        by the Director of National Intelligence, to covered 
        individuals of the enhanced personnel security program of the 
        agency.
            ``(2) Submissions to the dni.--The results of each audit 
        conducted under paragraph (1) shall be submitted to the 
        Director of National Intelligence to assess the effectiveness 
        and fairness of the enhanced personnel security programs across 
        the Federal Government.''.
    (d) Technical and Conforming Amendment.--The table of chapters for 
part III of title 5, United States Code, is amended by adding at the 
end following:

           ``Subpart J--Enhanced Personnel Security Programs

``110.  Enhanced personnel security programs................   11001''.

SEC. 608. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE 5, UNITED 
              STATES CODE.

    Section 5102(a)(1) of title 5, United States Code, is amended--
            (1) in clause (vii), by striking ``or'';
            (2) by inserting after clause (vii) the following new 
        clause:
                    ``(viii) the Office of the Director of National 
                Intelligence;''; and
            (3) in clause (x), by striking the period and inserting a 
        semicolon.
                                                       Calendar No. 141

114th CONGRESS

  1st Session

                                S. 1705

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for fiscal year 2016 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

_______________________________________________________________________

                              July 7, 2015

                 Read twice and placed on the calendar