[Congressional Record Volume 160, Number 149 (Tuesday, December 9, 2014)]
[Senate]
[Pages S6450-S6462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3977. Mr. REID (for Mr. Rockefeller (for himself and Mr. Tester)) 
proposed an amendment to the bill H.R. 1204, to amend title 49, United 
States Code, to direct the Assistant Secretary of Homeland Security 
(Transportation Security Administration) to establish an Aviation 
Security Advisory Committee, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Aviation Security 
     Stakeholder Participation Act of 2014''.

     SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.

       (a) In General.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 44946. Aviation Security Advisory Committee

       ``(a) Establishment.--The Assistant Secretary shall 
     establish within the Transportation Security Administration 
     an aviation security advisory committee.
       ``(b) Duties.--
       ``(1) In general.--The Assistant Secretary shall consult 
     the Advisory Committee, as appropriate, on aviation security 
     matters, including on the development, refinement, and 
     implementation of policies, programs, rulemaking, and 
     security directives pertaining to aviation security, while 
     adhering to sensitive security guidelines.
       ``(2) Recommendations.--
       ``(A) In general.--The Advisory Committee shall develop, at 
     the request of the Assistant Secretary, recommendations for 
     improvements to aviation security.
       ``(B) Recommendations of subcommittees.--Recommendations 
     agreed upon by the subcommittees established under this 
     section shall be approved by the Advisory Committee before 
     transmission to the Assistant Secretary.
       ``(3) Periodic reports.--The Advisory Committee shall 
     periodically submit to the Assistant Secretary--
       ``(A) reports on matters identified by the Assistant 
     Secretary; and
       ``(B) reports on other matters identified by a majority of 
     the members of the Advisory Committee.
       ``(4) Annual report.--The Advisory Committee shall submit 
     to the Assistant Secretary an annual report providing 
     information on the activities, findings, and recommendations 
     of the Advisory Committee, including its subcommittees, for 
     the preceding year. Not later than 6 months after the date 
     that the Secretary receives the annual report, the Secretary 
     shall publish a public version describing the Advisory 
     Committee's activities and such related matters as would be 
     informative to the public consistent with the policy of 
     section 552(b) of title 5.
       ``(5) Feedback.--Not later than 90 days after receiving 
     recommendations transmitted by the Advisory Committee under 
     paragraph (4), the Assistant Secretary shall respond in 
     writing to the Advisory Committee with feedback on each of 
     the recommendations, an action plan to implement any of the 
     recommendations with which the Assistant Secretary concurs, 
     and a justification for why any of the recommendations have 
     been rejected.
       ``(6) Congressional notification.--Not later than 30 days 
     after providing written feedback to the Advisory Committee 
     under paragraph (5), the Assistant Secretary shall notify the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives on such feedback, and provide a briefing upon 
     request.
       ``(7) Report to congress.--Prior to briefing the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives under paragraph (6), the Assistant Secretary 
     shall submit to such committees a report containing 
     information relating to the recommendations transmitted by 
     the Advisory Committee in accordance with paragraph (4).
       ``(c) Membership.--
       ``(1) Appointment.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Aviation Security Stakeholder 
     Participation Act of 2014, the Assistant Secretary shall 
     appoint the members of the Advisory Committee.
       ``(B) Composition.--The membership of the Advisory 
     Committee shall consist of individuals representing not more 
     than 34 member organizations. Each organization shall be 
     represented by 1 individual (or the individual's designee).
       ``(C) Representation.--The membership of the Advisory 
     Committee shall include representatives of air carriers, all-
     cargo air transportation, indirect air carriers, labor 
     organizations representing air carrier employees, labor 
     organizations representing transportation security officers, 
     aircraft manufacturers, airport operators, airport 
     construction and maintenance contractors, labor organizations 
     representing employees of airport construction and 
     maintenance contractors, general aviation, privacy 
     organizations, the travel industry, airport-based businesses 
     (including minority-owned small businesses), businesses that 
     conduct security screening operations at airports, 
     aeronautical repair stations, passenger advocacy groups, the 
     aviation security technology industry (including screening 
     technology and biometrics), victims of terrorist acts against 
     aviation, and law enforcement and security experts.
       ``(2) Term of office.--
       ``(A) Terms.--The term of each member of the Advisory 
     Committee shall be 2 years. A member of the Advisory 
     Committee may be reappointed.
       ``(B) Removal.--The Assistant Secretary may review the 
     participation of a member of the Advisory Committee and 
     remove such member for cause at any time.
       ``(3) Prohibition on compensation.--The members of the 
     Advisory Committee shall not receive pay, allowances, or 
     benefits from the Government by reason of their service on 
     the Advisory Committee.
       ``(4) Meetings.--
       ``(A) In general.--The Assistant Secretary shall require 
     the Advisory Committee to meet at least semiannually and may 
     convene additional meetings as necessary.
       ``(B) Public meetings.--At least 1 of the meetings 
     described in subparagraph (A) shall be open to the public.
       ``(C) Attendance.--The Advisory Committee shall maintain a 
     record of the persons present at each meeting.
       ``(5) Member access to sensitive security information.--Not 
     later than 60 days after the date of a member's appointment, 
     the Assistant Secretary shall determine if there is cause for 
     the member to be restricted from possessing sensitive 
     security information. Without such cause, and upon the member 
     voluntarily signing a non-disclosure agreement, the member 
     may be granted access to sensitive security information that 
     is relevant to the member's advisory duties. The member shall 
     protect the sensitive security information in accordance with 
     part 1520 of title 49, Code of Federal Regulations.
       ``(6) Chairperson.--A stakeholder representative on the 
     Advisory Committee who is elected by the appointed membership 
     of the Advisory Committee shall chair the Advisory Committee.
       ``(d) Subcommittees.--
       ``(1) Membership.--The Advisory Committee chairperson, in 
     coordination with the Assistant Secretary, may establish 
     within the Advisory Committee any subcommittee that the 
     Assistant Secretary and Advisory Committee determine to be 
     necessary. The Assistant Secretary and the Advisory Committee 
     shall create subcommittees to address aviation security 
     issues, including the following:
       ``(A) Air cargo security.--The implementation of the air 
     cargo security programs established by the Transportation 
     Security Administration to screen air cargo on passenger 
     aircraft and all-cargo aircraft in accordance with 
     established cargo screening mandates.
       ``(B) General aviation.--General aviation facilities, 
     general aviation aircraft, and helicopter operations at 
     general aviation and commercial service airports.
       ``(C) Perimeter and access control.--Recommendations on 
     airport perimeter security, exit lane security and technology 
     at commercial service airports, and access control issues.
       ``(D) Security technology.--Security technology standards 
     and requirements, including their harmonization 
     internationally, technology to screen passengers, passenger 
     baggage, carry-on baggage, and cargo, and biometric 
     technology.
       ``(2) Risk-based security.--All subcommittees established 
     by the Advisory Committee chairperson in coordination with 
     the Assistant Secretary shall consider risk-based security 
     approaches in the performance of their functions that weigh 
     the optimum balance of costs and benefits in transportation 
     security, including for passenger screening, baggage 
     screening, air cargo security policies, and general aviation 
     security matters.
       ``(3) Meetings and reporting.--Each subcommittee shall meet 
     at least quarterly and submit to the Advisory Committee for 
     inclusion in the annual report required under subsection 
     (b)(4) information, including recommendations, regarding 
     issues within the subcommittee.
       ``(4) Subcommittee chairs.--Each subcommittee shall be co-
     chaired by a Government official and an industry official.
       ``(e) Subject Matter Experts.--Each subcommittee under this 
     section shall include

[[Page S6451]]

     subject matter experts with relevant expertise who are 
     appointed by the respective subcommittee chairpersons.
       ``(f) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Committee and its subcommittees.
       ``(g) Definitions.--In this section:
       ``(1) Advisory committee.--The term `Advisory Committee' 
     means the aviation security advisory committee established 
     under subsection (a).
       ``(2) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary of Homeland Security 
     (Transportation Security Administration).
       ``(3) Perimeter security.--
       ``(A) In general.--The term `perimeter security' means 
     procedures or systems to monitor, secure, and prevent 
     unauthorized access to an airport, including its airfield and 
     terminal.
       ``(B) Inclusions.--The term `perimeter security' includes 
     the fence area surrounding an airport, access gates, and 
     access controls.''.
       (b) Clerical Amendment.--The analysis for subchapter II of 
     chapter 449 of title 49, United States Code, is amended by 
     adding at the end the following new item:

     ``44946. Aviation Security Advisory Committee.''.

                                 ______
                                 
  SA 3978. Mr. REID (for Ms. Ayotte) proposed an amendment to the bill 
H.R. 2719, to require the Transportation Security Administration to 
implement best practices and improve transparency with regard to 
technology acquisition programs, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Transportation Security 
     Acquisition Reform Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Transportation Security Administration has not 
     consistently implemented Department of Homeland Security 
     policies and Government best practices for acquisition and 
     procurement.
       (2) The Transportation Security Administration has only 
     recently developed a multiyear technology investment plan, 
     and has underutilized innovation opportunities within the 
     private sector, including from small businesses.
       (3) The Transportation Security Administration has faced 
     challenges in meeting key performance requirements for 
     several major acquisitions and procurements, resulting in 
     reduced security effectiveness and wasted expenditures.

     SEC. 3. TRANSPORTATION SECURITY ADMINISTRATION ACQUISITION 
                   REFORM.

       (a) In General.--Title XVI of the Homeland Security Act of 
     2002 (Public Law 107-296; 116 Stat. 2312) is amended to read 
     as follows:

                  ``TITLE XVI--TRANSPORTATION SECURITY

                    ``Subtitle A--General Provisions

     ``SEC. 1601. DEFINITIONS.

       ``In this title:
       ``(1) Administration.--The term `Administration' means the 
     Transportation Security Administration.
       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of the Transportation Security Administration.
       ``(3) Plan.--The term `Plan' means the strategic 5-year 
     technology investment plan developed by the Administrator 
     under section 1611.
       ``(4) Security-related technology.--The term `security-
     related technology' means any technology that assists the 
     Administration in the prevention of, or defense against, 
     threats to United States transportation systems, including 
     threats to people, property, and information.

   ``Subtitle B--Transportation Security Administration Acquisition 
                              Improvements

     ``SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN.

       ``(a) In General.--The Administrator shall--
       ``(1) not later than 180 days after the date of the 
     enactment of the Transportation Security Acquisition Reform 
     Act, develop and submit to Congress a strategic 5-year 
     technology investment plan, that may include a classified 
     addendum to report sensitive transportation security risks, 
     technology vulnerabilities, or other sensitive security 
     information; and
       ``(2) to the extent possible, publish the Plan in an 
     unclassified format in the public domain.
       ``(b) Consultation.--The Administrator shall develop the 
     Plan in consultation with--
       ``(1) the Under Secretary for Management;
       ``(2) the Under Secretary for Science and Technology;
       ``(3) the Chief Information Officer; and
       ``(4) the aviation industry stakeholder advisory committee 
     established by the Administrator.
       ``(c) Approval.--The Administrator may not publish the Plan 
     under subsection (a)(2) until it has been approved by the 
     Secretary.
       ``(d) Contents of Plan.--The Plan shall include--
       ``(1) an analysis of transportation security risks and the 
     associated capability gaps that would be best addressed by 
     security-related technology, including consideration of the 
     most recent quadrennial homeland security review under 
     section 707;
       ``(2) a set of security-related technology acquisition 
     needs that--
       ``(A) is prioritized based on risk and associated 
     capability gaps identified under paragraph (1); and
       ``(B) includes planned technology programs and projects 
     with defined objectives, goals, timelines, and measures;
       ``(3) an analysis of current and forecast trends in 
     domestic and international passenger travel;
       ``(4) an identification of currently deployed security-
     related technologies that are at or near the end of their 
     lifecycles;
       ``(5) an identification of test, evaluation, modeling, and 
     simulation capabilities, including target methodologies, 
     rationales, and timelines necessary to support the 
     acquisition of the security-related technologies expected to 
     meet the needs under paragraph (2);
       ``(6) an identification of opportunities for public-private 
     partnerships, small and disadvantaged company participation, 
     intragovernment collaboration, university centers of 
     excellence, and national laboratory technology transfer;
       ``(7) an identification of the Administration's acquisition 
     workforce needs for the management of planned security-
     related technology acquisitions, including consideration of 
     leveraging acquisition expertise of other Federal agencies;
       ``(8) an identification of the security resources, 
     including information security resources, that will be 
     required to protect security-related technology from physical 
     or cyber theft, diversion, sabotage, or attack;
       ``(9) an identification of initiatives to streamline the 
     Administration's acquisition process and provide greater 
     predictability and clarity to small, medium, and large 
     businesses, including the timeline for testing and 
     evaluation;
       ``(10) an assessment of the impact to commercial aviation 
     passengers;
       ``(11) a strategy for consulting airport management, air 
     carrier representatives, and Federal security directors 
     whenever an acquisition will lead to the removal of equipment 
     at airports, and how the strategy for consulting with such 
     officials of the relevant airports will address potential 
     negative impacts on commercial passengers or airport 
     operations; and
       ``(12) in consultation with the National Institutes of 
     Standards and Technology, an identification of security-
     related technology interface standards, in existence or if 
     implemented, that could promote more interoperable passenger, 
     baggage, and cargo screening systems.
       ``(e) Leveraging the Private Sector.--To the extent 
     possible, and in a manner that is consistent with fair and 
     equitable practices, the Plan shall--
       ``(1) leverage emerging technology trends and research and 
     development investment trends within the public and private 
     sectors;
       ``(2) incorporate private sector input, including from the 
     aviation industry stakeholder advisory committee established 
     by the Administrator, through requests for information, 
     industry days, and other innovative means consistent with the 
     Federal Acquisition Regulation; and
       ``(3) in consultation with the Under Secretary for Science 
     and Technology, identify technologies in existence or in 
     development that, with or without adaptation, are expected to 
     be suitable to meeting mission needs.
       ``(f) Disclosure.--The Administrator shall include with the 
     Plan a list of nongovernment persons that contributed to the 
     writing of the Plan.
       ``(g) Update and Report.--Beginning 2 years after the date 
     the Plan is submitted to Congress under subsection (a), and 
     biennially thereafter, the Administrator shall submit to 
     Congress--
       ``(1) an update of the Plan; and
       ``(2) a report on the extent to which each security-related 
     technology acquired by the Administration since the last 
     issuance or update of the Plan is consistent with the planned 
     technology programs and projects identified under subsection 
     (d)(2) for that security-related technology.

     ``SEC. 1612. ACQUISITION JUSTIFICATION AND REPORTS.

       ``(a) Acquisition Justification.--Before the Administration 
     implements any security-related technology acquisition, the 
     Administrator, in accordance with the Department's policies 
     and directives, shall determine whether the acquisition is 
     justified by conducting an analysis that includes--
       ``(1) an identification of the scenarios and level of risk 
     to transportation security from those scenarios that would be 
     addressed by the security-related technology acquisition;
       ``(2) an assessment of how the proposed acquisition aligns 
     to the Plan;
       ``(3) a comparison of the total expected lifecycle cost 
     against the total expected quantitative and qualitative 
     benefits to transportation security;
       ``(4) an analysis of alternative security solutions, 
     including policy or procedure solutions, to determine if the 
     proposed security-related technology acquisition is the most 
     effective and cost-efficient solution based on cost-benefit 
     considerations;
       ``(5) an assessment of the potential privacy and civil 
     liberties implications of the proposed acquisition that 
     includes, to the extent practicable, consultation with 
     organizations that advocate for the protection of privacy and 
     civil liberties;
       ``(6) a determination that the proposed acquisition is 
     consistent with fair information

[[Page S6452]]

     practice principles issued by the Privacy Officer of the 
     Department;
       ``(7) confirmation that there are no significant risks to 
     human health or safety posed by the proposed acquisition; and
       ``(8) an estimate of the benefits to commercial aviation 
     passengers.
       ``(b) Reports and Certification to Congress.--
       ``(1) In general.--Not later than the end of the 30-day 
     period preceding the award by the Administration of a 
     contract for any security-related technology acquisition 
     exceeding $30,000,000, the Administrator shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives--
       ``(A) the results of the comprehensive acquisition 
     justification under subsection (a); and
       ``(B) a certification by the Administrator that the 
     benefits to transportation security justify the contract 
     cost.
       ``(2) Extension due to imminent terrorist threat.--If there 
     is a known or suspected imminent threat to transportation 
     security, the Administrator--
       ``(A) may reduce the 30-day period under paragraph (1) to 5 
     days to rapidly respond to the threat; and
       ``(B) shall immediately notify the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Homeland Security of the House of Representatives of the 
     known or suspected imminent threat.

     ``SEC. 1613. ACQUISITION BASELINE ESTABLISHMENT AND REPORTS.

       ``(a) Baseline Requirements.--
       ``(1) In general.--Before the Administration implements any 
     security-related technology acquisition, the appropriate 
     acquisition official of the Department shall establish and 
     document a set of formal baseline requirements.
       ``(2) Contents.--The baseline requirements under paragraph 
     (1) shall--
       ``(A) include the estimated costs (including lifecycle 
     costs), schedule, and performance milestones for the planned 
     duration of the acquisition;
       ``(B) identify the acquisition risks and a plan for 
     mitigating those risks; and
       ``(C) assess the personnel necessary to manage the 
     acquisition process, manage the ongoing program, and support 
     training and other operations as necessary.
       ``(3) Feasibility.--In establishing the performance 
     milestones under paragraph (2)(A), the appropriate 
     acquisition official of the Department, to the extent 
     possible and in consultation with the Under Secretary for 
     Science and Technology, shall ensure that achieving those 
     milestones is technologically feasible.
       ``(4) Test and evaluation plan.--The Administrator, in 
     consultation with the Under Secretary for Science and 
     Technology, shall develop a test and evaluation plan that 
     describes--
       ``(A) the activities that are expected to be required to 
     assess acquired technologies against the performance 
     milestones established under paragraph (2)(A);
       ``(B) the necessary and cost-effective combination of 
     laboratory testing, field testing, modeling, simulation, and 
     supporting analysis to ensure that such technologies meet the 
     Administration's mission needs;
       ``(C) an efficient planning schedule to ensure that test 
     and evaluation activities are completed without undue delay; 
     and
       ``(D) if commercial aviation passengers are expected to 
     interact with the security-related technology, methods that 
     could be used to measure passenger acceptance of and 
     familiarization with the security-related technology.
       ``(5) Verification and validation.--The appropriate 
     acquisition official of the Department--
       ``(A) subject to subparagraph (B), shall utilize 
     independent reviewers to verify and validate the performance 
     milestones and cost estimates developed under paragraph (2) 
     for a security-related technology that pursuant to section 
     1611(d)(2) has been identified as a high priority need in the 
     most recent Plan; and
       ``(B) shall ensure that the use of independent reviewers 
     does not unduly delay the schedule of any acquisition.
       ``(6) Streamlining access for interested vendors.--The 
     Administrator shall establish a streamlined process for an 
     interested vendor of a security-related technology to request 
     and receive appropriate access to the baseline requirements 
     and test and evaluation plans that are necessary for the 
     vendor to participate in the acquisitions process for that 
     technology.
       ``(b) Review of Baseline Requirements and Deviation; Report 
     to Congress.--
       ``(1) Review.--
       ``(A) In general.--The appropriate acquisition official of 
     the Department shall review and assess each implemented 
     acquisition to determine if the acquisition is meeting the 
     baseline requirements established under subsection (a).
       ``(B) Test and evaluation assessment.--The review shall 
     include an assessment of whether--
       ``(i) the planned testing and evaluation activities have 
     been completed; and
       ``(ii) the results of that testing and evaluation 
     demonstrate that the performance milestones are 
     technologically feasible.
       ``(2) Report.--Not later than 30 days after making a 
     finding described in clause (i), (ii), or (iii) of 
     subparagraph (A), the Administrator shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives that includes--
       ``(A) the results of any assessment that finds that--
       ``(i) the actual or planned costs exceed the baseline costs 
     by more than 10 percent;
       ``(ii) the actual or planned schedule for delivery has been 
     delayed by more than 180 days; or
       ``(iii) there is a failure to meet any performance 
     milestone that directly impacts security effectiveness;
       ``(B) the cause for such excessive costs, delay, or 
     failure; and
       ``(C) a plan for corrective action.

     ``SEC. 1614. INVENTORY UTILIZATION.

       ``(a) In General.--Before the procurement of additional 
     quantities of equipment to fulfill a mission need, the 
     Administrator, to the extent practicable, shall utilize any 
     existing units in the Administration's inventory to meet that 
     need.
       ``(b) Tracking of Inventory.--
       ``(1) In general.--The Administrator shall establish a 
     process for tracking--
       ``(A) the location of security-related equipment in the 
     inventory under subsection (a);
       ``(B) the utilization status of security-related technology 
     in the inventory under subsection (a); and
       ``(C) the quantity of security-related equipment in the 
     inventory under subsection (a).
       ``(2) Internal controls.--The Administrator shall implement 
     internal controls to ensure up-to-date accurate data on 
     security-related technology owned, deployed, and in use.
       ``(c) Logistics Management.--
       ``(1) In general.--The Administrator shall establish 
     logistics principles for managing inventory in an effective 
     and efficient manner.
       ``(2) Limitation on just-in-time logistics.--The 
     Administrator may not use just-in-time logistics if doing 
     so--
       ``(A) would inhibit necessary planning for large-scale 
     delivery of equipment to airports or other facilities; or
       ``(B) would unduly diminish surge capacity for response to 
     a terrorist threat.

     ``SEC. 1615. SMALL BUSINESS CONTRACTING GOALS.

       ``Not later than 90 days after the date of enactment of the 
     Transportation Security Acquisition Reform Act, and annually 
     thereafter, the Administrator shall submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives that includes--
       ``(1) the Administration's performance record with respect 
     to meeting its published small-business contracting goals 
     during the preceding fiscal year;
       ``(2) if the goals described in paragraph (1) were not met 
     or the Administration's performance was below the published 
     small-business contracting goals of the Department--
       ``(A) a list of challenges, including deviations from the 
     Administration's subcontracting plans, and factors that 
     contributed to the level of performance during the preceding 
     fiscal year;
       ``(B) an action plan, with benchmarks, for addressing each 
     of the challenges identified in subparagraph (A) that--
       ``(i) is prepared after consultation with the Secretary of 
     Defense and the heads of Federal departments and agencies 
     that achieved their published goals for prime contracting 
     with small and minority-owned businesses, including small and 
     disadvantaged businesses, in prior fiscal years; and
       ``(ii) identifies policies and procedures that could be 
     incorporated by the Administration in furtherance of 
     achieving the Administration's published goal for such 
     contracting; and
       ``(3) a status report on the implementation of the action 
     plan that was developed in the preceding fiscal year in 
     accordance with paragraph (2)(B), if such a plan was 
     required.

     ``SEC. 1616. CONSISTENCY WITH THE FEDERAL ACQUISITION 
                   REGULATION AND DEPARTMENTAL POLICIES AND 
                   DIRECTIVES.

       ``The Administrator shall execute the responsibilities set 
     forth in this subtitle in a manner consistent with, and not 
     duplicative of, the Federal Acquisition Regulation and the 
     Department's policies and directives.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     striking the items relating to title XVI and inserting the 
     following:

                  ``TITLE XVI--TRANSPORTATION SECURITY

                    ``Subtitle A--General Provisions

``Sec. 1601. Definitions.

   ``Subtitle B--Transportation Security Administration Acquisition 
                              Improvements

``Sec. 1611. 5-year technology investment plan.
``Sec. 1612. Acquisition justification and reports.
``Sec. 1613. Acquisition baseline establishment and reports.
``Sec. 1614. Inventory utilization.
``Sec. 1615. Small business contracting goals.
``Sec. 1616. Consistency with the Federal acquisition regulation and 
              departmental policies and directives.''.
       (c) Prior Amendments Not Affected.--Nothing in this section 
     may be construed to

[[Page S6453]]

     affect any amendment made by title XVI of the Homeland 
     Security Act of 2002 as in effect before the date of 
     enactment of this Act.

     SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS.

       (a) Implementation of Previous Recommendations.--Not later 
     than 1 year after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit a 
     report to Congress that contains an assessment of the 
     Transportation Security Administration's implementation of 
     recommendations regarding the acquisition of security-related 
     technology that were made by the Government Accountability 
     Office before the date of the enactment of this Act.
       (b) Implementation of Subtitle B of Title XVI.--Not later 
     than 1 year after the date of enactment of this Act and 3 
     years thereafter, the Comptroller General of the United 
     States shall submit a report to Congress that contains an 
     evaluation of the Transportation Security Administration's 
     progress in implementing subtitle B of title XVI of the 
     Homeland Security Act of 2002, as amended by section 3, 
     including any efficiencies, cost savings, or delays that have 
     resulted from such implementation.

     SEC. 5. REPORT ON FEASIBILITY OF INVENTORY TRACKING.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator of the Transportation Security 
     Administration shall submit a report to Congress on the 
     feasibility of tracking security-related technology, 
     including software solutions, of the Administration through 
     automated information and data capture technologies.

     SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF TSA'S TEST 
                   AND EVALUATION PROCESS.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit a report to Congress that includes--
       (1) an evaluation of the Transportation Security 
     Administration's testing and evaluation activities related to 
     security-related technology;
       (2) information on the extent to which--
       (A) the execution of such testing and evaluation activities 
     is aligned, temporally and otherwise, with the 
     Administration's annual budget request, acquisition needs, 
     planned procurements, and acquisitions for technology 
     programs and projects; and
       (B) security-related technology that has been tested, 
     evaluated, and certified for use by the Administration but 
     was not procured by the Administration, including the reasons 
     the procurement did not occur; and
       (3) recommendations--
       (A) to improve the efficiency and efficacy of such testing 
     and evaluation activities; and
       (B) to better align such testing and evaluation with the 
     acquisitions process.

     SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

       No additional funds are authorized to be appropriated to 
     carry out this Act or the amendments made by this Act.
                                 ______
                                 
  SA 3979. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 3979, to amend the Internal Revenue 
Code of 1986 to ensure that emergency services volunteers are not taken 
into account as employees under the shared responsibility requirements 
contained in the Patient Protection and Affordable Care Act; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

          Subtitle J--Uniform Code of Military Justice Reform

     SEC. 596. SHORT TITLE.

       This subtitle may be cited as the ``Military Justice 
     Improvement Act of 2014''.

     SEC. 597. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED 
                   TO TRIAL BY COURT-MARTIAL ON CHARGES ON CERTAIN 
                   OFFENSES WITH AUTHORIZED MAXIMUM SENTENCE OF 
                   CONFINEMENT OF MORE THAN ONE YEAR.

       (a) Modification of Authority.--
       (1) In general.--
       (A) Military departments.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     paragraph (2) and not excluded under paragraph (3), the 
     Secretary of Defense shall require the Secretaries of the 
     military departments to provide for the determination under 
     section 830(b) of such chapter (article 30(b) of the Uniform 
     Code of Military Justice) on whether to try such charges by 
     court-martial as provided in paragraph (4).
       (B) Homeland security.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     paragraph (2) and not excluded under paragraph (3) against a 
     member of the Coast Guard (when it is not operating as a 
     service in the Navy), the Secretary of Homeland Security 
     shall provide for the determination under section 830(b) of 
     such chapter (article 30(b) of the Uniform Code of Military 
     Justice) on whether to try such charges by court-martial as 
     provided in paragraph (4).
       (2) Covered offenses.--An offense specified in this 
     paragraph is an offense as follows:
       (A) An offense under chapter 47 of title 10, United States 
     Code (the Uniform Code of Military Justice), that is triable 
     by court-martial under that chapter for which the maximum 
     punishment authorized under that chapter includes confinement 
     for more than one year.
       (B) An offense under section 892a of title 10, United 
     States Code (article 92a of the Uniform Code of Military 
     Justice), as added by section 599B of this Act, regardless of 
     the maximum punishment authorized under that chapter for such 
     offense.
       (C) An offense under section 907a of title 10, United 
     States Code (article 107a of the Uniform Code of Military 
     Justice), as added by section 599C of this Act, regardless of 
     the maximum punishment authorized under that chapter for such 
     offense.
       (D) A conspiracy to commit an offense specified in 
     subparagraph (A) through (C) as punishable under section 881 
     of title 10, United States Code (article 81 of the Uniform 
     Code of Military Justice).
       (E) A solicitation to commit an offense specified in 
     subparagraph (A) through (C) as punishable under section 882 
     of title 10, United States Code (article 82 of the Uniform 
     Code of Military Justice).
       (F) An attempt to commit an offense specified in 
     subparagraphs (A) through (E) as punishable under section 880 
     of title 10, United States Code (article 80 of the Uniform 
     Code of Military Justice).
       (3) Excluded offenses.--Paragraph (1) does not apply to an 
     offense as follows:
       (A) An offense under sections 883 through 917 of title 10, 
     United States Code (articles 83 through 117 of the Uniform 
     Code of Military Justice).
       (B) An offense under section 933 or 934 of title 10, United 
     States Code (articles 133 and 134 of the Uniform Code of 
     Military Justice).
       (C) A conspiracy to commit an offense specified in 
     subparagraph (A) or (B) as punishable under section 881 of 
     title 10, United States Code (article 81 of the Uniform Code 
     of Military Justice).
       (D) A solicitation to commit an offense specified in 
     subparagraph (A) or (B) as punishable under section 882 of 
     title 10, United States Code (article 82 of the Uniform Code 
     of Military Justice).
       (E) An attempt to commit an offense specified in 
     subparagraph (A) through (D) as punishable under section 880 
     of title 10, United States Code (article 80 of the Uniform 
     Code of Military Justice).
       (4) Requirements and limitations.--The disposition of 
     charges pursuant to paragraph (1) shall be subject to the 
     following:
       (A) The determination whether to try such charges by court-
     martial shall be made by a commissioned officer of the Armed 
     Forces designated in accordance with regulations prescribed 
     for purposes of this subsection from among commissioned 
     officers of the Armed Forces in grade O-6 or higher who--
       (i) are available for detail as trial counsel under section 
     827 of title 10, United States Code (article 27 of the 
     Uniform Code of Military Justice);
       (ii) have significant experience in trials by general or 
     special court-martial; and
       (iii) are outside the chain of command of the member 
     subject to such charges.
       (B) Upon a determination under subparagraph (A) to try such 
     charges by court-martial, the officer making that 
     determination shall determine whether to try such charges by 
     a general court-martial convened under section 822 of title 
     10, United States Code (article 22 of the Uniform Code of 
     Military Justice), or a special court-martial convened under 
     section 823 of title 10, United States Code (article 23 of 
     the Uniform Code of Military Justice).
       (C) A determination under subparagraph (A) to try charges 
     by court-martial shall include a determination to try all 
     known offenses, including lesser included offenses.
       (D) The determination to try such charges by court-martial 
     under subparagraph (A), and by type of court-martial under 
     subparagraph (B), shall be binding on any applicable 
     convening authority for a trial by court-martial on such 
     charges.
       (E) The actions of an officer described in subparagraph (A) 
     in determining under that subparagraph whether or not to try 
     charges by court-martial shall be free of unlawful or 
     unauthorized influence or coercion.
       (F) The determination under subparagraph (A) not to proceed 
     to trial of such charges by general or special court-martial 
     shall not operate to terminate or otherwise alter the 
     authority of commanding officers to refer such charges for 
     trial by summary court-martial convened under section 824 of 
     title 10, United States Code (article 24 of the Uniform Code 
     of Military Justice), or to impose non-judicial punishment in 
     connection with the conduct covered by such charges as 
     authorized by section 815 of title 10, United States Code 
     (article 15 of the Uniform Code of Military Justice).
       (5) Construction with charges on other offenses.--Nothing 
     in this subsection shall be construed to alter or affect the 
     disposition of charges under chapter 47 of title 10, United 
     States Code (the Uniform Code of Military Justice), that 
     allege an offense triable by court-martial under that chapter 
     for which the maximum punishment authorized under that 
     chapter includes confinement for one year or less.
       (6) Policies and procedures.--
       (A) In general.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall revise policies and procedures as 
     necessary to comply with this subsection.

[[Page S6454]]

       (B) Uniformity.--The General Counsel of the Department of 
     Defense and the General Counsel of the Department of Homeland 
     Security shall jointly review the policies and procedures 
     revised under this paragraph in order to ensure that any lack 
     of uniformity in policies and procedures, as so revised, 
     among the military departments and the Department of Homeland 
     Security does not render unconstitutional any policy or 
     procedure, as so revised.
       (7) Manual for courts-martial.--The Secretary of Defense 
     shall recommend such changes to the Manual for Courts-Martial 
     as are necessary to ensure compliance with this subsection.
       (b) Effective Date and Applicability.--Subsection (a), and 
     the revisions required by that subsection, shall take effect 
     on the date that is 180 days after the date of the enactment 
     of this Act, and shall apply with respect to charges 
     preferred under section 830 of title 10, United States Code 
     (article 30 of the Uniform Code of Military Justice), on or 
     after such effective date.

     SEC. 598. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE 
                   GENERAL AND SPECIAL COURTS-MARTIAL.

       (a) In General.--Subsection (a) of section 822 of title 10, 
     United States Code (article 22 of the Uniform Code of 
     Military Justice), is amended--
       (1) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (2) by inserting after paragraph (7) the following new 
     paragraph (8):
       ``(8) the officers in the offices established pursuant to 
     section 598(c) of the Military Justice Improvement Act of 
     2014 or officers in the grade of O-6 or higher who are 
     assigned such responsibility by the Chief of Staff of the 
     Army, the Chief of Naval Operations, the Chief of Staff of 
     the Air Force, the Commandant of the Marine Corps, or the 
     Commandant of the Coast Guard, but only with respect to 
     offenses to which section 597(a)(1) of the Military Justice 
     Improvement Act of 2014 applies;''.
       (b) No Exercise by Officers in Chain of Command of Accused 
     or Victim.--Such section (article) is further amended by 
     adding at the end the following new subsection:
       ``(c) An officer specified in subsection (a)(8) may not 
     convene a court-martial under this section if the officer is 
     in the chain of command of the accused or the victim.''.
       (c) Offices of Chiefs of Staff on Courts-Martial.--
       (1) Offices required.--Each Chief of Staff of the Armed 
     Forces or Commandant specified in paragraph (8) of section 
     822(a) of title 10, United States Code (article 22(a) of the 
     Uniform Code of Military Justice), as amended by subsection 
     (a), shall establish an office to do the following:
       (A) To convene general and special courts-martial under 
     sections 822 and 823 of title 10, United States Code 
     (articles 22 and 23 of the Uniform Code of Military Justice), 
     pursuant to paragraph (8) of section 822(a) of title 10, 
     United States Code (article 22(a) of the Uniform Code of 
     Military Justice), as so amended, with respect to offenses to 
     which section 592(a)(1) applies.
       (B) To detail under section 825 of title 10, United States 
     Code (article 25 of the Uniform Code of Military Justice), 
     members of courts-martial convened as described in 
     subparagraph (A).
       (2) Personnel.--The personnel of each office established 
     under paragraph (1) shall consist of such members of the 
     Armed Forces and civilian personnel of the Department of 
     Defense, or such members of the Coast Guard or civilian 
     personnel of the Department of Homeland Security, as may be 
     detailed or assigned to the office by the Chief of Staff or 
     Commandant concerned. The members and personnel so detailed 
     or assigned, as the case may be, shall be detailed or 
     assigned from personnel billets in existence on the date of 
     the enactment of this Act.

     SEC. 599. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND 
                   RESOURCES.

       (a) In General.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall carry out sections 597 and 598 
     (and the amendments made by section 598) using personnel, 
     funds, and resources otherwise authorized by law.
       (b) No Authorization of Additional Personnel or 
     Resources.--Sections 597 and 598 (and the amendments made by 
     section 598) shall not be construed as authorizations for 
     personnel, personnel billets, or funds for the discharge of 
     the requirements in such sections.

     SEC. 599A. MONITORING AND ASSESSMENT OF MODIFICATION OF 
                   AUTHORITIES ON COURTS-MARTIAL BY INDEPENDENT 
                   PANEL ON REVIEW AND ASSESSMENT OF PROCEEDINGS 
                   UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

       Section 576(d)(2) of the National Defense Authorization Act 
     for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is 
     amended--
       (1) by redesignating subparagraph (J) as subparagraph (K); 
     and
       (2) by inserting after subparagraph (I) the following new 
     subparagraph (J):
       ``(J) Monitor and assess the implementation and efficacy of 
     sections 597 through 599 of the Military Justice Improvement 
     Act of 2014, and the amendments made by such sections.''.

     SEC. 599B. EXPLICIT CODIFICATION OF RETALIATION FOR REPORTING 
                   A CRIME AS AN OFFENSE UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       (a) In General.--Section 893 of title 10, United States 
     Code (article 93 of the Uniform Code of Military Justice), is 
     amended by inserting ``, or retaliating against any person 
     subject to his order for reporting a criminal offense,'' 
     after ``any person subject to his orders''.
       (b) Conforming Amendments.--
       (1) Section (article) heading.--The heading of such section 
     (article) is amended to read as follows:

     ``Sec. 893. Art. 93. Cruelty and maltreatment; retaliation 
       for reporting a crime''.

       (2) Table of sections (articles).--The table of sections at 
     the beginning of subchapter X of chapter 47 of such title is 
     amended by striking the item relating to section 893 (article 
     93) and inserting the following new item:

``893. Art. 93. Cruelty and maltreatment; retaliation for reporting a 
              crime.''.

       (c) Repeal of Superseded Prohibition.--Section 1709 of the 
     National Defense Authorization Act for Fiscal Year 2014 
     (Public Law 113-66; 127 Stat. 962; 10 U.S.C. 113 note) is 
     repealed.

     SEC. 599C. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS A 
                   SEPARATE OFFENCE UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       (a) Punitive Article.--Subchapter X of chapter 47 of title 
     10, United States Code (the Uniform Code of Military 
     Justice), is amended by inserting after section 907 (article 
     107) the following new section (article):

     ``Sec. 907a. Art. 107a. Obstruction of justice

       ``Any person subject to this chapter who wrongfully does a 
     certain act with the intent to influence, impede, or 
     otherwise obstruct the due administration of justice shall be 
     punished as a court-martial may direct. except that the 
     maximum punishment authorized for such offense may not exceed 
     dishonorable discharge, forfeiture of all pay and allowances, 
     and confinement for not more than five years.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter X of chapter 47 of such title, as 
     amended by section 599B(b)(2) of this Act, is further amended 
     by inserting after the item relating to section 907 (article 
     107) the following new item:

``907a. Art. 107a. Obstruction of justice.''.
                                 ______
                                 
  SA 3980. Mr. BROWN (for himself, Mr. Portman, Mr. Rockefeller, Mr. 
Casey, Mr. Schumer, Ms. Stabenow, Mr. Cardin, Mr. Donnelly, Ms. 
Baldwin, and Mr. Wicker) submitted an amendment intended to be proposed 
by him to the bill H.R. 5771, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions and make technical 
corrections, to amend the Internal Revenue Code of 1986 to provide for 
the tax treatment of ABLE accounts established under State programs for 
the care of family members with disabilities, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 6, between lines 4 and 5, insert the following:

     SEC. 101. EXTENSION OF HEALTH CARE TAX CREDIT.

       (a) In General.--Subparagraph (B) of section 35(b)(1) is 
     amended by striking ``January 1, 2014'' and inserting 
     ``January 1, 2016''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to coverage months beginning after December 31, 
     2013.
                                 ______
                                 
  SA 3981. Mr. BEGICH proposed an amendment to the bill S. 1474, to 
amend the Violence Against Women Reauthorization Act of 2013 to repeal 
a special rule for the State of Alaska, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. REPEAL OF SPECIAL RULE FOR STATE OF ALASKA.

       Section 910 of the Violence Against Women Reauthorization 
     Act of 2013 (18 U.S.C. 2265 note; Public Law 113-4) is 
     repealed.
                                 ______
                                 
  SA 3982. Mr. BEGICH proposed an amendment to the bill S. 1474, to 
amend the Violence Against Women Reauthorization Act of 2013 to repeal 
a special rule for the State of Alaska, and for other purposes; as 
follows:

       Amend the title so as to read: ``A bill to amend the 
     Violence Against Women Reauthorization Act of 2013 to repeal 
     a special rule for the State of Alaska, and for other 
     purposes.''.
                                 ______
                                 
  SA 3983. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 3979, to amend the Internal Revenue 
Code of 1986 to ensure that emergency services volunteers are not taken 
into account as employees under the shared responsibility requirements 
contained in the Patient Protection and Affordable Care Act; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

[[Page S6455]]

          Subtitle J--Uniform Code of Military Justice Reform

     SEC. 596. SHORT TITLE.

       This subtitle may be cited as the ``Military Justice 
     Improvement Act of 2014''.

     SEC. 597. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED 
                   TO TRIAL BY COURT-MARTIAL ON CHARGES ON CERTAIN 
                   OFFENSES WITH AUTHORIZED MAXIMUM SENTENCE OF 
                   CONFINEMENT OF MORE THAN ONE YEAR.

       (a) Modification of Authority.--
       (1) In general.--
       (A) Military departments.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     paragraph (2) and not excluded under paragraph (3), the 
     Secretary of Defense shall require the Secretaries of the 
     military departments to provide for the determination under 
     section 830(b) of such chapter (article 30(b) of the Uniform 
     Code of Military Justice) on whether to try such charges by 
     court-martial as provided in paragraph (4).
       (B) Homeland security.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     paragraph (2) and not excluded under paragraph (3) against a 
     member of the Coast Guard (when it is not operating as a 
     service in the Navy), the Secretary of Homeland Security 
     shall provide for the determination under section 830(b) of 
     such chapter (article 30(b) of the Uniform Code of Military 
     Justice) on whether to try such charges by court-martial as 
     provided in paragraph (4).
       (2) Covered offenses.--An offense specified in this 
     paragraph is an offense as follows:
       (A) An offense under chapter 47 of title 10, United States 
     Code (the Uniform Code of Military Justice), that is triable 
     by court-martial under that chapter for which the maximum 
     punishment authorized under that chapter includes confinement 
     for more than one year.
       (B) An offense of retaliation for reporting a crime under 
     section 893 of title 10, United States Code (article 93 of 
     the Uniform Code of Military Justice), as amended by section 
     599B of this Act, regardless of the maximum punishment 
     authorized under that chapter for such offense.
       (C) An offense under section 907a of title 10, United 
     States Code (article 107a of the Uniform Code of Military 
     Justice), as added by section 599C of this Act, regardless of 
     the maximum punishment authorized under that chapter for such 
     offense.
       (D) A conspiracy to commit an offense specified in 
     subparagraph (A) through (C) as punishable under section 881 
     of title 10, United States Code (article 81 of the Uniform 
     Code of Military Justice).
       (E) A solicitation to commit an offense specified in 
     subparagraph (A) through (C) as punishable under section 882 
     of title 10, United States Code (article 82 of the Uniform 
     Code of Military Justice).
       (F) An attempt to commit an offense specified in 
     subparagraphs (A) through (E) as punishable under section 880 
     of title 10, United States Code (article 80 of the Uniform 
     Code of Military Justice).
       (3) Excluded offenses.--Paragraph (1) does not apply to an 
     offense as follows:
       (A) An offense under sections 883 through 917 of title 10, 
     United States Code (articles 83 through 117 of the Uniform 
     Code of Military Justice).
       (B) An offense under section 933 or 934 of title 10, United 
     States Code (articles 133 and 134 of the Uniform Code of 
     Military Justice).
       (C) A conspiracy to commit an offense specified in 
     subparagraph (A) or (B) as punishable under section 881 of 
     title 10, United States Code (article 81 of the Uniform Code 
     of Military Justice).
       (D) A solicitation to commit an offense specified in 
     subparagraph (A) or (B) as punishable under section 882 of 
     title 10, United States Code (article 82 of the Uniform Code 
     of Military Justice).
       (E) An attempt to commit an offense specified in 
     subparagraph (A) through (D) as punishable under section 880 
     of title 10, United States Code (article 80 of the Uniform 
     Code of Military Justice).
       (4) Requirements and limitations.--The disposition of 
     charges pursuant to paragraph (1) shall be subject to the 
     following:
       (A) The determination whether to try such charges by court-
     martial shall be made by a commissioned officer of the Armed 
     Forces designated in accordance with regulations prescribed 
     for purposes of this subsection from among commissioned 
     officers of the Armed Forces in grade O-6 or higher who--
       (i) are available for detail as trial counsel under section 
     827 of title 10, United States Code (article 27 of the 
     Uniform Code of Military Justice);
       (ii) have significant experience in trials by general or 
     special court-martial; and
       (iii) are outside the chain of command of the member 
     subject to such charges.
       (B) Upon a determination under subparagraph (A) to try such 
     charges by court-martial, the officer making that 
     determination shall determine whether to try such charges by 
     a general court-martial convened under section 822 of title 
     10, United States Code (article 22 of the Uniform Code of 
     Military Justice), or a special court-martial convened under 
     section 823 of title 10, United States Code (article 23 of 
     the Uniform Code of Military Justice).
       (C) A determination under subparagraph (A) to try charges 
     by court-martial shall include a determination to try all 
     known offenses, including lesser included offenses.
       (D) The determination to try such charges by court-martial 
     under subparagraph (A), and by type of court-martial under 
     subparagraph (B), shall be binding on any applicable 
     convening authority for a trial by court-martial on such 
     charges.
       (E) The actions of an officer described in subparagraph (A) 
     in determining under that subparagraph whether or not to try 
     charges by court-martial shall be free of unlawful or 
     unauthorized influence or coercion.
       (F) The determination under subparagraph (A) not to proceed 
     to trial of such charges by general or special court-martial 
     shall not operate to terminate or otherwise alter the 
     authority of commanding officers to refer such charges for 
     trial by summary court-martial convened under section 824 of 
     title 10, United States Code (article 24 of the Uniform Code 
     of Military Justice), or to impose non-judicial punishment in 
     connection with the conduct covered by such charges as 
     authorized by section 815 of title 10, United States Code 
     (article 15 of the Uniform Code of Military Justice).
       (5) Construction with charges on other offenses.--Nothing 
     in this subsection shall be construed to alter or affect the 
     disposition of charges under chapter 47 of title 10, United 
     States Code (the Uniform Code of Military Justice), that 
     allege an offense triable by court-martial under that chapter 
     for which the maximum punishment authorized under that 
     chapter includes confinement for one year or less.
       (6) Policies and procedures.--
       (A) In general.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall revise policies and procedures as 
     necessary to comply with this subsection.
       (B) Uniformity.--The General Counsel of the Department of 
     Defense and the General Counsel of the Department of Homeland 
     Security shall jointly review the policies and procedures 
     revised under this paragraph in order to ensure that any lack 
     of uniformity in policies and procedures, as so revised, 
     among the military departments and the Department of Homeland 
     Security does not render unconstitutional any policy or 
     procedure, as so revised.
       (7) Manual for courts-martial.--The Secretary of Defense 
     shall recommend such changes to the Manual for Courts-Martial 
     as are necessary to ensure compliance with this subsection.
       (b) Effective Date and Applicability.--Subsection (a), and 
     the revisions required by that subsection, shall take effect 
     on the date that is 180 days after the date of the enactment 
     of this Act, and shall apply with respect to charges 
     preferred under section 830 of title 10, United States Code 
     (article 30 of the Uniform Code of Military Justice), on or 
     after such effective date.

     SEC. 598. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE 
                   GENERAL AND SPECIAL COURTS-MARTIAL.

       (a) In General.--Subsection (a) of section 822 of title 10, 
     United States Code (article 22 of the Uniform Code of 
     Military Justice), is amended--
       (1) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (2) by inserting after paragraph (7) the following new 
     paragraph (8):
       ``(8) the officers in the offices established pursuant to 
     section 598(c) of the Military Justice Improvement Act of 
     2014 or officers in the grade of O-6 or higher who are 
     assigned such responsibility by the Chief of Staff of the 
     Army, the Chief of Naval Operations, the Chief of Staff of 
     the Air Force, the Commandant of the Marine Corps, or the 
     Commandant of the Coast Guard, but only with respect to 
     offenses to which section 597(a)(1) of the Military Justice 
     Improvement Act of 2014 applies;''.
       (b) No Exercise by Officers in Chain of Command of Accused 
     or Victim.--Such section (article) is further amended by 
     adding at the end the following new subsection:
       ``(c) An officer specified in subsection (a)(8) may not 
     convene a court-martial under this section if the officer is 
     in the chain of command of the accused or the victim.''.
       (c) Offices of Chiefs of Staff on Courts-Martial.--
       (1) Offices required.--Each Chief of Staff of the Armed 
     Forces or Commandant specified in paragraph (8) of section 
     822(a) of title 10, United States Code (article 22(a) of the 
     Uniform Code of Military Justice), as amended by subsection 
     (a), shall establish an office to do the following:
       (A) To convene general and special courts-martial under 
     sections 822 and 823 of title 10, United States Code 
     (articles 22 and 23 of the Uniform Code of Military Justice), 
     pursuant to paragraph (8) of section 822(a) of title 10, 
     United States Code (article 22(a) of the Uniform Code of 
     Military Justice), as so amended, with respect to offenses to 
     which section 592(a)(1) applies.
       (B) To detail under section 825 of title 10, United States 
     Code (article 25 of the Uniform Code of Military Justice), 
     members of courts-martial convened as described in 
     subparagraph (A).
       (2) Personnel.--The personnel of each office established 
     under paragraph (1) shall consist of such members of the 
     Armed Forces and civilian personnel of the Department of 
     Defense, or such members of the Coast Guard or civilian 
     personnel of the Department of Homeland Security, as may be 
     detailed or assigned to the office by the Chief of Staff or

[[Page S6456]]

     Commandant concerned. The members and personnel so detailed 
     or assigned, as the case may be, shall be detailed or 
     assigned from personnel billets in existence on the date of 
     the enactment of this Act.

     SEC. 599. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND 
                   RESOURCES.

       (a) In General.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall carry out sections 597 and 598 
     (and the amendments made by section 598) using personnel, 
     funds, and resources otherwise authorized by law.
       (b) No Authorization of Additional Personnel or 
     Resources.--Sections 597 and 598 (and the amendments made by 
     section 598) shall not be construed as authorizations for 
     personnel, personnel billets, or funds for the discharge of 
     the requirements in such sections.

     SEC. 599A. MONITORING AND ASSESSMENT OF MODIFICATION OF 
                   AUTHORITIES ON COURTS-MARTIAL BY INDEPENDENT 
                   PANEL ON REVIEW AND ASSESSMENT OF PROCEEDINGS 
                   UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

       Section 576(d)(2) of the National Defense Authorization Act 
     for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is 
     amended--
       (1) by redesignating subparagraph (J) as subparagraph (K); 
     and
       (2) by inserting after subparagraph (I) the following new 
     subparagraph (J):
       ``(J) Monitor and assess the implementation and efficacy of 
     sections 597 through 599 of the Military Justice Improvement 
     Act of 2014, and the amendments made by such sections.''.

     SEC. 599B. EXPLICIT CODIFICATION OF RETALIATION FOR REPORTING 
                   A CRIME AS AN OFFENSE UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       (a) In General.--Section 893 of title 10, United States 
     Code (article 93 of the Uniform Code of Military Justice), is 
     amended by inserting ``, or retaliating against any person 
     subject to his orders for reporting a criminal offense,'' 
     after ``any person subject to his orders''.
       (b) Conforming Amendments.--
       (1) Section (article) heading.--The heading of such section 
     (article) is amended to read as follows:

     ``Sec. 893. Art. 93. Cruelty and maltreatment; retaliation 
       for reporting a crime''.

       (2) Table of sections (articles).--The table of sections at 
     the beginning of subchapter X of chapter 47 of such title is 
     amended by striking the item relating to section 893 (article 
     93) and inserting the following new item:

``893. Art. 93. Cruelty and maltreatment; retaliation for reporting a 
              crime.''.

       (c) Repeal of Superseded Prohibition.--Section 1709 of the 
     National Defense Authorization Act for Fiscal Year 2014 
     (Public Law 113-66; 127 Stat. 962; 10 U.S.C. 113 note) is 
     repealed.

     SEC. 599C. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS A 
                   SEPARATE OFFENCE UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       (a) Punitive Article.--Subchapter X of chapter 47 of title 
     10, United States Code (the Uniform Code of Military 
     Justice), is amended by inserting after section 907 (article 
     107) the following new section (article):

     ``Sec. 907a. Art. 107a. Obstruction of justice

       ``Any person subject to this chapter who wrongfully does a 
     certain act with the intent to influence, impede, or 
     otherwise obstruct the due administration of justice shall be 
     punished as a court-martial may direct. except that the 
     maximum punishment authorized for such offense may not exceed 
     dishonorable discharge, forfeiture of all pay and allowances, 
     and confinement for not more than five years.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter X of chapter 47 of such title, as 
     amended by section 599B(b)(2) of this Act, is further amended 
     by inserting after the item relating to section 907 (article 
     107) the following new item:

``907a. Art. 107a. Obstruction of justice.''.
                                 ______
                                 
  SA 3984. Mr. REID proposed an amendment to the bill H.R. 3979, to 
amend the Internal Revenue Code of 1986 to ensure that emergency 
services volunteers are not taken into account as employees under the 
shared responsibility requirements contained in the Patient Protection 
and Affordable Care Act; as follows:

       At the end, add the following:
       This Act shall become effective 1 day after enactment.
                                 ______
                                 
  SA 3985. Mr. REID proposed an amendment to amendment SA 3984 proposed 
by Mr. Reid to the bill H.R. 3979, to amend the Internal Revenue Code 
of 1986 to ensure that emergency services volunteers are not taken into 
account as employees under the shared responsibility requirements 
contained in the Patient Protection and Affordable Care Act; as 
follows:

       In the amendment, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 3986. Mr. REID proposed an amendment to the bill H.R. 3979, to 
amend the Internal Revenue Code of 1986 to ensure that emergency 
services volunteers are not taken into account as employees under the 
shared responsibility requirements contained in the Patient Protection 
and Affordable Care Act; as follows:

       At the end, add the following:
       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 3987. Mr. REID proposed an amendment to amendment SA 3986 proposed 
by Mr. Reid to the bill H.R. 3979, to amend the Internal Revenue Code 
of 1986 to ensure that emergency services volunteers are not taken into 
account as employees under the shared responsibility requirements 
contained in the Patient Protection and Affordable Care Act; as 
follows:

       In the amendment, strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 3988. Mr. REID proposed an amendment to amendment SA 3987 proposed 
by Mr. Reid to the amendment SA 3986 proposed by Mr. Reid to the bill 
H.R. 3979, to amend the Internal Revenue Code of 1986 to ensure that 
emergency services volunteers are not taken into account as employees 
under the shared responsibility requirements contained in the Patient 
Protection and Affordable Care Act; as follows:

       In the amendment, strike ``4'' and insert ``5''.
                                 ______
                                 
  SA 3989. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 
to ensure that emergency services volunteers are not taken into account 
as employees under the shared responsibility requirements contained in 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       Strike section 1209.
                                 ______
                                 
  SA 3990. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 
to ensure that emergency services volunteers are not taken into account 
as employees under the shared responsibility requirements contained in 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1080. REPORT ON UNITED STATES CONTRIBUTIONS TO THE 
                   UNITED NATIONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Director of the Office of Management and Budget shall submit 
     to Congress a report on all assessed and voluntary 
     contributions, including in-kind, of the United States 
     Government to the United Nations and its affiliated agencies 
     and related bodies during the previous fiscal year.
       (b) Content.--The report required under subsection (a) 
     shall include the following elements:
       (1) The total amount of all assessed and voluntary 
     contributions, including in-kind, of the United States 
     Government to the United Nations and United Nations 
     affiliated agencies and related bodies.
       (2) The approximate percentage of United States Government 
     contributions to each United Nations affiliated agency or 
     body in such fiscal year when compared with all contributions 
     to such agency or body from any source in such fiscal year.
       (3) For each such contribution--
       (A) the amount of the contribution;
       (B) a description of the contribution (including whether 
     assessed or voluntary);
       (C) the department or agency of the United States 
     Government responsible for the contribution;
       (D) the purpose of the contribution; and
       (E) the United Nations or United Nations affiliated agency 
     or related body receiving the contribution.
       (c) Scope of Initial Report.--The first report required 
     under subsection (a) shall include the information required 
     under this section for the previous four fiscal years.
       (d) Public Availability of Information.--Not later than 14 
     days after submitting a report required under subsection (a), 
     the Director of the Office of Management and Budget shall 
     post a public version of the report on a text-based, 
     searchable, and publicly available Internet website.
                                 ______
                                 
  SA 3991. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 
to ensure that emergency services volunteers are not taken into account 
as employees under the shared responsibility requirements contained in 
the Patient

[[Page S6457]]

Protection and Affordable Care Act; which was ordered to lie on the 
table; as follows:

       At the end of section 1535, add the following:
       (f) Limitation on Use of Certain Funds Pending 
     Certification on Defense Budgets of NATO European Allies.--
     Funds available for the European Reassurance Initiative, 
     other than funds covered by subsection (b)(1), may not be 
     used for purposes described in subsection (a) unless, not 
     later than 10 days before the commencement of the expenditure 
     of such funds for such purposes, the President certifies to 
     Congress in writing that the North Atlantic Treaty 
     Organization (NATO) allies in Europe are--
       (1) appropriately prioritizing current defense resources 
     towards deterring aggression by the Russian Federation; and
       (2) taking steps--
       (A) to reverse declining defense spending, as most recently 
     agreed to in the Wales Summit Declaration issued on September 
     5, 2014; and
       (B) to increase defense spending towards the goal of 
     defense spending in an amount equal to two-percent of gross 
     domestic product (GDP).
                                 ______
                                 
  SA 3992. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 3979, to amend the Internal Revenue Code of 1986 
to ensure that emergency services volunteers are not taken into account 
as employees under the shared responsibility requirements contained in 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       Strike title XXX.
                                 ______
                                 
  SA 3993. Mr. SCHATZ (for Mr. Coons) proposed an amendment to the 
resolution S. Res. 413, recognizing 20 years since the genocide in 
Rwanda, and affirming it is in the national interest of the United 
States to work in close coordination with international partners to 
help prevent and mitigate acts of genocide and mass atrocities; as 
follows:

       On page 6, beginning on line 14, strike ``events; and'' and 
     all that follows through ``(8) supports'' on line 15 and 
     insert the following: ``events;
       (8) clarifies that nothing in this resolution shall be 
     construed as an authorization for the use of force or a 
     declaration of war; and
       (9) supports
                                 ______
                                 
  SA 3994. Mr. SCHATZ (for Mr. Coons) proposed an amendment to the 
resolution S. Res. 413, recognizing 20 years since the genocide in 
Rwanda, and affirming it is in the national interest of the United 
States to work in close coordination with international partners to 
help prevent and mitigate acts of genocide and mass atrocities; as 
follows:

       Amend the twelfth whereas clause of the preamble to read as 
     follows:
       Whereas, in September 2005, the United States joined other 
     members of the United Nations in adopting United Nations 
     General Assembly Resolution 60/1, which affirmed that the 
     international community has a responsibility to use 
     appropriate diplomatic, humanitarian and other peaceful means 
     to help protect populations from genocide, war crimes, ethnic 
     cleansing, and crimes against humanity;
                                 ______
                                 
  SA 3995. Mr. SCHATZ (for Mrs. Feinstein) proposed an amendment to the 
bill H.R. 4681, to authorize appropriations for fiscal years 2014 and 
2015 for intelligence and intelligence-related activities of the United 
States Government, the Community Management Account, and the Central 
Intelligence Agency Retirement and Disability System, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2015''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary effects.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

                      Subtitle A--General Matters

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. National intelligence strategy.
Sec. 304. Software licensing.
Sec. 305. Reporting of certain employment activities by former 
              intelligence officers and employees.
Sec. 306. Inclusion of Predominantly Black Institutions in intelligence 
              officer training program.
Sec. 307. Management and oversight of financial intelligence.
Sec. 308. Analysis of private sector policies and procedures for 
              countering insider threats.
Sec. 309. Procedures for the retention of incidentally acquired 
              communications.
Sec. 310. Clarification of limitation of review to retaliatory security 
              clearance or access determinations.
Sec. 311. Feasibility study on consolidating classified databases of 
              cyber threat indicators and malware samples.
Sec. 312. Sense of Congress on cybersecurity threat and cybercrime 
              cooperation with Ukraine.
Sec. 313. Replacement of locally employed staff serving at United 
              States diplomatic facilities in the Russian Federation.
Sec. 314. Inclusion of Sensitive Compartmented Information Facilities 
              in United States diplomatic facilities in the Russian 
              Federation and adjacent countries.

                         Subtitle B--Reporting

Sec. 321. Report on declassification process.
Sec. 322. Report on intelligence community efficient spending targets.
Sec. 323. Annual report on violations of law or executive order.
Sec. 324. Annual report on intelligence activities of the Department of 
              Homeland Security.
Sec. 325. Report on political prison camps in North Korea.
Sec. 326. Assessment of security of domestic oil refineries and related 
              rail transportation infrastructure.
Sec. 327. Enhanced contractor level assessments for the intelligence 
              community.
Sec. 328. Assessment of the efficacy of memoranda of understanding to 
              facilitate intelligence-sharing.
Sec. 329. Report on foreign man-made electromagnetic pulse weapons.
Sec. 330. Report on United States counterterrorism strategy to disrupt, 
              dismantle, and defeat al-Qaeda and its affiliated or 
              associated groups.
Sec. 331. Feasibility study on retraining veterans in cybersecurity.

     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)).

     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 2015 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.

     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, 2015, for the conduct of the intelligence 
     activities of the elements listed in paragraphs (1) through 
     (16) of section 101, are those specified in the classified 
     Schedule of Authorizations prepared to accompany the bill 
     H.R. 4681 of the One Hundred Thirteenth Congress.

[[Page S6458]]

       (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 2015 by 
     the classified Schedule of Authorizations referred to in 
     section 102(a) if the Director of National Intelligence 
     determines that such action is necessary to the performance 
     of important intelligence functions, except that the number 
     of personnel employed in excess of the number authorized 
     under such section may not, for any element of the 
     intelligence community, exceed 3 percent of the number of 
     civilian personnel authorized under such Schedule for such 
     element.
       (b) Treatment of Certain Personnel.--The Director of 
     National Intelligence shall establish guidelines that govern, 
     for each element of the intelligence community, the treatment 
     under the personnel levels authorized under section 102(a), 
     including any exemption from such personnel levels, of 
     employment or assignment in--
       (1) a student program, trainee program, or similar program;
       (2) a reserve corps or as a reemployed annuitant; or
       (3) details, joint duty, or long term, full-time training.
       (c) Notice to Congressional Intelligence Committees.--The 
     Director of National Intelligence shall notify the 
     congressional intelligence committees in writing at least 15 
     days prior to each exercise of an authority described in 
     subsection (a).

     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 2015 the sum of $507,400,000. Within such amount, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 102(a) for advanced research and 
     development shall remain available until September 30, 2016.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 794 positions as of 
     September 30, 2015. Personnel serving in such elements may be 
     permanent employees of the Office of the Director of National 
     Intelligence or personnel detailed from other elements of the 
     United States Government.
       (c) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     authorized to be appropriated for the Community Management 
     Account for fiscal year 2015 such additional amounts as are 
     specified in the classified Schedule of Authorizations 
     referred to in section 102(a). Such additional amounts for 
     advanced research and development shall remain available 
     until September 30, 2016.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence Community Management Account as of September 30, 
     2015, there are authorized such additional personnel for the 
     Community Management Account as of that date as are specified 
     in the classified Schedule of Authorizations referred to in 
     section 102(a).
 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 2015 the sum of $514,000,000.
                     TITLE III--GENERAL PROVISIONS
                      Subtitle A--General 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. NATIONAL INTELLIGENCE STRATEGY.

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 3021 et seq.) is amended by inserting after 
     section 108 the following:

     ``SEC. 108A. NATIONAL INTELLIGENCE STRATEGY.

       ``(a) In General.--Beginning in 2017, and once every 4 
     years thereafter, the Director of National Intelligence shall 
     develop a comprehensive national intelligence strategy to 
     meet national security objectives for the following 4-year 
     period, or a longer period, if appropriate.
       ``(b) Requirements.--Each national intelligence strategy 
     required by subsection (a) shall--
       ``(1) delineate a national intelligence strategy consistent 
     with--
       ``(A) the most recent national security strategy report 
     submitted pursuant to section 108;
       ``(B) the strategic plans of other relevant departments and 
     agencies of the United States; and
       ``(C) other relevant national-level plans;
       ``(2) address matters related to national and military 
     intelligence, including counterintelligence;
       ``(3) identify the major national security missions that 
     the intelligence community is currently pursuing and will 
     pursue in the future to meet the anticipated security 
     environment;
       ``(4) describe how the intelligence community will utilize 
     personnel, technology, partnerships, and other capabilities 
     to pursue the major national security missions identified in 
     paragraph (3);
       ``(5) assess current, emerging, and future threats to the 
     intelligence community, including threats from foreign 
     intelligence and security services and insider threats;
       ``(6) outline the organizational roles and missions of the 
     elements of the intelligence community as part of an 
     integrated enterprise to meet customer demands for 
     intelligence products, services, and support;
       ``(7) identify sources of strategic, institutional, 
     programmatic, fiscal, and technological risk; and
       ``(8) analyze factors that may affect the intelligence 
     community's performance in pursuing the major national 
     security missions identified in paragraph (3) during the 
     following 10-year period.
       ``(c) Submission to Congress.--The Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on each national intelligence strategy 
     required by subsection (a) not later than 45 days after the 
     date of the completion of such strategy.''.
       (b) Table of Contents Amendments.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 108 
     the following new item:

``Sec. 108A. National intelligence strategy.''.

     SEC. 304. SOFTWARE LICENSING.

       Section 109 of the National Security Act of 1947 (50 U.S.C. 
     3044) is amended--
       (1) in subsection (a)(2), by striking ``usage; and'' and 
     inserting ``usage, including--
       ``(A) increasing the centralization of the management of 
     software licenses;
       ``(B) increasing the regular tracking and maintaining of 
     comprehensive inventories of software licenses using 
     automated discovery and inventory tools and metrics;
       ``(C) analyzing software license data to inform investment 
     decisions; and
       ``(D) providing appropriate personnel with sufficient 
     software licenses management training; and'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (2), by striking ``usage.'' and inserting 
     ``usage, including--
       ``(A) increasing the centralization of the management of 
     software licenses;
       ``(B) increasing the regular tracking and maintaining of 
     comprehensive inventories of software licenses using 
     automated discovery and inventory tools and metrics;
       ``(C) analyzing software license data to inform investment 
     decisions; and
       ``(D) providing appropriate personnel with sufficient 
     software licenses management training; and''; and
       (C) by adding at the end the following new paragraph:
       ``(3) based on the assessment required under paragraph (2), 
     make such recommendations with respect to software 
     procurement and usage to the Director of National 
     Intelligence as the Chief Information Officer considers 
     appropriate.''; and
       (3) by adding at the end the following new subsection:
       ``(d) Implementation of Recommendations.--Not later than 
     180 days after the date on which the Director of National 
     Intelligence receives recommendations from the Chief 
     Information Officer of the Intelligence Community in 
     accordance with subsection (b)(3), the Director of National 
     Intelligence shall, to the extent practicable, issue 
     guidelines for the intelligence community on software 
     procurement and usage based on such recommendations.''.

     SEC. 305. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY 
                   FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.

       (a) Restriction.--Title III of the National Security Act of 
     1947 (50 U.S.C. 3071 et seq.) is amended by inserting after 
     section 303 the following new section:

[[Page S6459]]

     ``SEC. 304. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY 
                   FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.

       ``(a) In General.--The head of each element of the 
     intelligence community shall issue regulations requiring each 
     employee of such element occupying a covered position to sign 
     a written agreement requiring the regular reporting of 
     covered employment to the head of such element.
       ``(b) Agreement Elements.--The regulations required under 
     subsection (a) shall provide that an agreement contain 
     provisions requiring each employee occupying a covered 
     position to, during the two-year period beginning on the date 
     on which such employee ceases to occupy such covered 
     position--
       ``(1) report covered employment to the head of the element 
     of the intelligence community that employed such employee in 
     such covered position upon accepting such covered employment; 
     and
       ``(2) annually (or more frequently if the head of such 
     element considers it appropriate) report covered employment 
     to the head of such element.
       ``(c) Definitions.--In this section:
       ``(1) Covered employment.--The term `covered employment' 
     means direct employment by, representation of, or the 
     provision of advice relating to national security to the 
     government of a foreign country or any person whose 
     activities are directly or indirectly supervised, directed, 
     controlled, financed, or subsidized, in whole or in major 
     part, by any government of a foreign country.
       ``(2) Covered position.--The term `covered position' means 
     a position within an element of the intelligence community 
     that, based on the level of access of a person occupying such 
     position to information regarding sensitive intelligence 
     sources or methods or other exceptionally sensitive matters, 
     the head of such element determines should be subject to the 
     requirements of this section.
       ``(3) Government of a foreign country.--The term 
     `government of a foreign country' has the meaning given the 
     term in section 1(e) of the Foreign Agents Registration Act 
     of 1938 (22 U.S.C. 611(e)).''.
       (b) Regulations and Certification.--
       (1) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the head of each element of the 
     intelligence community shall issue the regulations required 
     under section 304 of the National Security Act of 1947, as 
     added by subsection (a) of this section.
       (2) Certification.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees--
       (A) a certification that each head of an element of the 
     intelligence community has prescribed the regulations 
     required under section 304 of the National Security Act of 
     1947, as added by subsection (a) of this section; or
       (B) if the Director is unable to submit the certification 
     described under subparagraph (A), an explanation as to why 
     the Director is unable to submit such certification, 
     including a designation of which heads of an element of the 
     intelligence community have prescribed the regulations 
     required under such section 304 and which have not.
       (c) Table of Contents Amendments.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended--
       (1) by striking the second item relating to section 302 
     (Under Secretaries and Assistant Secretaries) and the items 
     relating to sections 304, 305, and 306; and
       (2) by inserting after the item relating to section 303 the 
     following new item:

``Sec. 304. Reporting of certain employment activities by former 
              intelligence officers and employees.''.

     SEC. 306. INCLUSION OF PREDOMINANTLY BLACK INSTITUTIONS IN 
                   INTELLIGENCE OFFICER TRAINING PROGRAM.

       Section 1024 of the National Security Act of 1947 (50 
     U.S.C. 3224) is amended--
       (1) in subsection (c)(1), by inserting ``and Predominantly 
     Black Institutions'' after ``universities''; and
       (2) in subsection (g)--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) Predominantly black institution.--The term 
     `Predominantly Black Institution' has the meaning given the 
     term in section 318 of the Higher education Act of 1965 (20 
     U.S.C. 1059e).''.

     SEC. 307. MANAGEMENT AND OVERSIGHT OF FINANCIAL INTELLIGENCE.

       (a) Requirement for Plan.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall prepare a plan for management of the 
     elements of the intelligence community that carry out 
     financial intelligence activities.
       (b) Contents of Plan.--The plan required by subsection (a) 
     shall establish a governance framework, procedures for 
     sharing and harmonizing the acquisition and use of financial 
     analytic tools, standards for quality of analytic products, 
     procedures for oversight and evaluation of resource 
     allocations associated with the joint development of 
     information sharing efforts and tools, and an education and 
     training model for elements of the intelligence community 
     that carry out financial intelligence activities.
       (c) Briefing to Congress.--Not later than 180 days after 
     the date of the enactment of this Act, the Director of 
     National Intelligence shall brief the congressional 
     intelligence committees on the actions the Director proposes 
     to implement the plan required by subsection (a).

     SEC. 308. ANALYSIS OF PRIVATE SECTOR POLICIES AND PROCEDURES 
                   FOR COUNTERING INSIDER THREATS.

       (a) Analysis.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in consultation with the National 
     Counterintelligence Executive, shall submit to the 
     congressional intelligence committees an analysis of private 
     sector policies and procedures for countering insider 
     threats.
       (b) Content.--The analysis required by subsection (a) shall 
     include--
       (1) a review of whether and how the intelligence community 
     could utilize private sector hiring and human resources best 
     practices to screen, vet, and validate the credentials, 
     capabilities, and character of applicants for positions 
     involving trusted access to sensitive information;
       (2) an analysis of private sector policies for holding 
     supervisors and subordinates accountable for violations of 
     established security protocols and whether the intelligence 
     community should adopt similar policies for positions of 
     trusted access to sensitive information;
       (3) an assessment of the feasibility and advisability of 
     applying mandatory leave policies, similar to those endorsed 
     by the Federal Deposit Insurance Corporation and the 
     Securities and Exchange Commission to identify fraud in the 
     financial services industry, to certain positions within the 
     intelligence community; and
       (4) recommendations for how the intelligence community 
     could utilize private sector risk indices, such as credit 
     risk scores, to make determinations about employee access to 
     sensitive information.

     SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY 
                   ACQUIRED COMMUNICATIONS.

       (a) Definitions.--In this section:
       (1) Covered communication.--The term ``covered 
     communication'' means any nonpublic telephone or electronic 
     communication acquired without the consent of a person who is 
     a party to the communication, including communications in 
     electronic storage.
       (2) Head of an element of the intelligence community.--The 
     term ``head of an element of the intelligence community'' 
     means, as appropriate--
       (A) the head of an element of the intelligence community; 
     or
       (B) the head of the department or agency containing such 
     element.
       (3) United states person.--The term ``United States 
     person'' has the meaning given that term in section 101 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).
       (b) Procedures for Covered Communications.--
       (1) Requirement to adopt.--Not later than 2 years after the 
     date of the enactment of this Act each head of an element of 
     the intelligence community shall adopt procedures approved by 
     the Attorney General for such element that ensure compliance 
     with the requirements of paragraph (3).
       (2) Coordination and approval.--The procedures required by 
     paragraph (1) shall be--
       (A) prepared in coordination with the Director of National 
     Intelligence; and
       (B) approved by the Attorney General prior to issuance.
       (3) Procedures.--
       (A) Application.--The procedures required by paragraph (1) 
     shall apply to any intelligence collection activity not 
     otherwise authorized by court order (including an order or 
     certification issued by a court established under subsection 
     (a) or (b) of section 103 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or 
     similar legal process that is reasonably anticipated to 
     result in the acquisition of a covered communication to or 
     from a United States person and shall permit the acquisition, 
     retention, and dissemination of covered communications 
     subject to the limitation in subparagraph (B).
       (B) Limitation on retention.--A covered communication shall 
     not be retained in excess of 5 years, unless--
       (i) the communication has been affirmatively determined, in 
     whole or in part, to constitute foreign intelligence or 
     counterintelligence or is necessary to understand or assess 
     foreign intelligence or counterintelligence;
       (ii) the communication is reasonably believed to constitute 
     evidence of a crime and is retained by a law enforcement 
     agency;
       (iii) the communication is enciphered or reasonably 
     believed to have a secret meaning;
       (iv) all parties to the communication are reasonably 
     believed to be non-United States persons;
       (v) retention is necessary to protect against an imminent 
     threat to human life, in which case both the nature of the 
     threat and the information to be retained shall be reported 
     to the congressional intelligence committees not later than 
     30 days after the date such retention is extended under this 
     clause;
       (vi) retention is necessary for technical assurance or 
     compliance purposes, including a court order or discovery 
     obligation, in which case access to information retained for 
     technical assurance or compliance purposes shall

[[Page S6460]]

     be reported to the congressional intelligence committees on 
     an annual basis; or
       (vii) retention for a period in excess of 5 years is 
     approved by the head of the element of the intelligence 
     community responsible for such retention, based on a 
     determination that retention is necessary to protect the 
     national security of the United States, in which case the 
     head of such element shall provide to the congressional 
     intelligence committees a written certification describing--

       (I) the reasons extended retention is necessary to protect 
     the national security of the United States;
       (II) the duration for which the head of the element is 
     authorizing retention;
       (III) the particular information to be retained; and
       (IV) the measures the element of the intelligence community 
     is taking to protect the privacy interests of United States 
     persons or persons located inside the United States.

     SEC. 310. CLARIFICATION OF LIMITATION OF REVIEW TO 
                   RETALIATORY SECURITY CLEARANCE OR ACCESS 
                   DETERMINATIONS.

       Section 3001(b)(7) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (50 U.S.C. 3341(b)(7)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``2014--'' and inserting ``2014, and consistent with 
     subsection (j)--'';
       (2) in subparagraph (A), by striking ``to appeal a 
     determination to suspend or revoke a security clearance or 
     access to classified information'' and inserting ``alleging 
     reprisal for having made a protected disclosure (provided the 
     individual does not disclose classified information or other 
     information contrary to law) to appeal any action affecting 
     an employee's access to classified information''; and
       (3) in subparagraph (B), by striking ``information,'' 
     inserting ``information following a protected disclosure,''.

     SEC. 311. FEASIBILITY STUDY ON CONSOLIDATING CLASSIFIED 
                   DATABASES OF CYBER THREAT INDICATORS AND 
                   MALWARE SAMPLES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in consultation with the Secretary of Homeland 
     Security, the Director of the National Security Agency, the 
     Director of the Central Intelligence Agency, and the Director 
     of the Federal Bureau of Investigation, shall conduct a 
     feasibility study on consolidating classified databases of 
     cyber threat indicators and malware samples in the 
     intelligence community.
       (b) Elements.--The feasibility study required by subsection 
     (a) shall include the following:
       (1) An inventory of classified databases of cyber threat 
     indicators and malware samples in the intelligence community.
       (2) An assessment of actions that could be carried out to 
     consolidate such databases to achieve the greatest possible 
     information sharing within the intelligence community and 
     cost savings for the Federal Government.
       (3) An assessment of any impediments to such consolidation.
       (4) An assessment of whether the Intelligence Community 
     Information Technology Enterprise can support such 
     consolidation.
       (c) Report to Congress.--Not later than 30 days after the 
     date on which the Director of National Intelligence completes 
     the feasibility study required by subsection (a), the 
     Director shall submit to the congressional intelligence 
     committees a written report that summarizes the feasibility 
     study, including the information required under subsection 
     (b).

     SEC. 312. SENSE OF CONGRESS ON CYBERSECURITY THREAT AND 
                   CYBERCRIME COOPERATION WITH UKRAINE.

       It is the sense of Congress that--
       (1) cooperation between the intelligence and law 
     enforcement agencies of the United States and Ukraine should 
     be increased to improve cybersecurity policies between these 
     two countries;
       (2) the United States should pursue improved extradition 
     procedures among the Governments of the United States, 
     Ukraine, and other countries from which cybercriminals target 
     United States citizens and entities;
       (3) the President should--
       (A) initiate a round of formal United States-Ukraine 
     bilateral talks on cybersecurity threat and cybercrime 
     cooperation, with additional multilateral talks that include 
     other law enforcement partners such as Europol and Interpol; 
     and
       (B) work to obtain a commitment from the Government of 
     Ukraine to end cybercrime directed at persons outside Ukraine 
     and to work with the United States and other allies to deter 
     and convict known cybercriminals;
       (4) the President should establish a capacity building 
     program with the Government of Ukraine, which could include--
       (A) a joint effort to improve cyber capacity building, 
     including intelligence and law enforcement services in 
     Ukraine;
       (B) sending United States law enforcement agents to aid law 
     enforcement agencies in Ukraine in investigating cybercrimes; 
     and
       (C) agreements to improve communications networks to 
     enhance law enforcement cooperation, such as a hotline 
     directly connecting law enforcement agencies in the United 
     States and Ukraine; and
       (5) the President should establish and maintain an 
     intelligence and law enforcement cooperation scorecard with 
     metrics designed to measure the number of instances that 
     intelligence and law enforcement agencies in the United 
     States request assistance from intelligence and law 
     enforcement agencies in Ukraine and the number and type of 
     responses received to such requests.

     SEC. 313. REPLACEMENT OF LOCALLY EMPLOYED STAFF SERVING AT 
                   UNITED STATES DIPLOMATIC FACILITIES IN THE 
                   RUSSIAN FEDERATION.

       (a) Employment Requirement.--
       (1) In general.--The Secretary of State shall ensure that, 
     not later than one year after the date of the enactment of 
     this Act, every supervisory position at a United States 
     diplomatic facility in the Russian Federation shall be 
     occupied by a citizen of the United States who has passed, 
     and shall be subject to, a thorough background check.
       (2) Extension.--The Secretary of State may extend the 
     deadline under paragraph (1) for up to one year by providing 
     advance written notification and justification of such 
     extension to the appropriate congressional committees.
       (3) Progress report.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report on progress made toward meeting the employment 
     requirement under paragraph (1).
       (b) Plan for Reduced Use of Locally Employed Staff.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of State, in coordination with other 
     appropriate government agencies, shall submit to the 
     appropriate congressional committees a plan to further reduce 
     the reliance on locally employed staff in United States 
     diplomatic facilities in the Russian Federation. The plan 
     shall, at a minimum, include cost estimates, timelines, and 
     numbers of employees to be replaced.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (3) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to infringe on the power of the President, by and 
     with the advice and consent of the Senate, to appoint 
     ambassadors, other public ministers, and consuls.''

     SEC. 314. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION 
                   FACILITIES IN UNITED STATES DIPLOMATIC 
                   FACILITIES IN THE RUSSIAN FEDERATION AND 
                   ADJACENT COUNTRIES.

       (a) Sensitive Compartmented Information Facility 
     Requirement.--Each United States diplomatic facility that, 
     after the date of the enactment of this Act, is constructed 
     in, or undergoes a construction upgrade in, the Russian 
     Federation, any country that shares a land border with the 
     Russian Federation, or any country that is a former member of 
     the Soviet Union shall be constructed to include a Sensitive 
     Compartmented Information Facility.
       (b) National Security Waiver.--The Secretary of State may 
     waive the requirement under subsection (a) if the Secretary 
     determines that such waiver is in the national security 
     interest of the United States and submits a written 
     justification to the appropriate congressional committees not 
     later than 180 days before exercising such waiver.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (3) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                         Subtitle B--Reporting

     SEC. 321. REPORT ON DECLASSIFICATION PROCESS.

       Not later than December 31, 2016, the Director of National 
     Intelligence shall submit to Congress a report describing--
       (1) proposals to improve the declassification process 
     throughout the intelligence community; and
       (2) steps the intelligence community could take, or 
     legislation that may be necessary, to enable the National 
     Declassification Center to better accomplish the missions 
     assigned to the Center by Executive Order No. 13526 (75 Fed. 
     Reg. 707).

     SEC. 322. REPORT ON INTELLIGENCE COMMUNITY EFFICIENT SPENDING 
                   TARGETS.

       (a) In General.--Not later than April 1, 2016, and April 1, 
     2017, the Director of National Intelligence shall submit to 
     the congressional intelligence committees a report on the 
     status and effectiveness of efforts to reduce administrative 
     costs for the intelligence community during the preceding 
     year.
       (b) Elements.--Each report under subsection (a) shall 
     include for each element of the intelligence community the 
     following:

[[Page S6461]]

       (1) A description of the status and effectiveness of 
     efforts to devise alternatives to government travel and 
     promote efficient travel spending, such as teleconferencing 
     and video conferencing.
       (2) A description of the status and effectiveness of 
     efforts to limit costs related to hosting and attending 
     conferences.
       (3) A description of the status and effectiveness of 
     efforts to assess information technology inventories and 
     usage, and establish controls, to reduce costs related to 
     underutilized information technology equipment, software, or 
     services.
       (4) A description of the status and effectiveness of 
     efforts to limit the publication and printing of hard copy 
     documents.
       (5) A description of the status and effectiveness of 
     efforts to improve the performance of Federal fleet motor 
     vehicles and limit executive transportation.
       (6) A description of the status and effectiveness of 
     efforts to limit the purchase of extraneous promotional 
     items, such as plaques, clothing, and commemorative items.
       (7) A description of the status and effectiveness of 
     efforts to consolidate and streamline workforce training 
     programs to focus on the highest priority workforce and 
     mission needs.
       (8) Such other matters relating to efforts to reduce 
     intelligence community administrative costs as the Director 
     may specify for purposes of this section.

     SEC. 323. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE 
                   ORDER.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 511. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE 
                   ORDER.

       ``(a) Annual Reports Required.--The Director of National 
     Intelligence shall annually submit to the congressional 
     intelligence committees a report on violations of law or 
     executive order relating to intelligence activities by 
     personnel of an element of the intelligence community that 
     were identified during the previous calendar year.
       ``(b) Elements.--Each report submitted under subsection (a) 
     shall, consistent with the need to preserve ongoing criminal 
     investigations, include a description of, and any action 
     taken in response to, any violation of law or executive order 
     (including Executive Order No. 12333 (50 U.S.C. 3001 note)) 
     relating to intelligence activities committed by personnel of 
     an element of the intelligence community in the course of the 
     employment of such personnel that, during the previous 
     calendar year, was--
       ``(1) determined by the director, head, or general counsel 
     of any element of the intelligence community to have 
     occurred;
       ``(2) referred to the Department of Justice for possible 
     criminal prosecution; or
       ``(3) substantiated by the inspector general of any element 
     of the intelligence community.''.
       (b) Initial Report.--The first report required under 
     section 511 of the National Security Act of 1947, as added by 
     subsection (a), shall be submitted not later than one year 
     after the date of the enactment of this Act.
       (c) Guidelines.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in consultation with the head of each element 
     of the intelligence community, shall--
       (1) issue guidelines to carry out section 511 of the 
     National Security Act of 1947, as added by subsection (a); 
     and
       (2) submit such guidelines to the congressional 
     intelligence committees.
       (d) Table of Contents Amendment.--The table of sections in 
     the first section of the National Security Act of 1947 is 
     amended by adding after the item relating to section 510 the 
     following new item:

``Sec. 511. Annual report on violations of law or executive order.''.

       (e) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to alter 
     any requirement existing on the date of the enactment of this 
     Act to submit a report under any provision of law.

     SEC. 324. ANNUAL REPORT ON INTELLIGENCE ACTIVITIES OF THE 
                   DEPARTMENT OF HOMELAND SECURITY.

       (a) In General.--For each fiscal year and along with the 
     budget materials submitted in support of the budget of the 
     Department of Homeland Security pursuant to section 1105(a) 
     of title 31, United States Code, the Under Secretary for 
     Intelligence and Analysis of the Department shall submit to 
     the congressional intelligence committees a report for such 
     fiscal year on each intelligence activity of each 
     intelligence component of the Department, as designated by 
     the Under Secretary, that includes the following:
       (1) The amount of funding requested for each such 
     intelligence activity.
       (2) The number of full-time employees funded to perform 
     each such intelligence activity.
       (3) The number of full-time contractor employees (or the 
     equivalent of full-time in the case of part-time contractor 
     employees) funded to perform or in support of each such 
     intelligence activity.
       (4) A determination as to whether each such intelligence 
     activity is predominantly in support of national intelligence 
     or departmental missions.
       (5) The total number of analysts of the Intelligence 
     Enterprise of the Department that perform--
       (A) strategic analysis; or
       (B) operational analysis.
       (b) Feasibility and Advisability Report.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security, acting through the Under 
     Secretary for Intelligence and Analysis, shall submit to the 
     congressional intelligence committees a report that--
       (1) examines the feasibility and advisability of including 
     the budget request for all intelligence activities of each 
     intelligence component of the Department that predominantly 
     support departmental missions, as designated by the Under 
     Secretary for Intelligence and Analysis, in the Homeland 
     Security Intelligence Program; and
       (2) includes a plan to enhance the coordination of 
     department-wide intelligence activities to achieve greater 
     efficiencies in the performance of the Department of Homeland 
     Security intelligence functions.
       (c) Intelligence Component of the Department.--In this 
     section, the term ``intelligence component of the 
     Department'' has the meaning given that term in section 2 of 
     the Homeland Security Act of 2002 (6 U.S.C. 101).

     SEC. 325. REPORT ON POLITICAL PRISON CAMPS IN NORTH KOREA.

       (a) In General.--The Director of National Intelligence, in 
     consultation with the Secretary of State, shall submit to the 
     congressional intelligence committees, the Committee on 
     Foreign Relations of the Senate, and the Committee on Foreign 
     Affairs of the House of Representatives a report on political 
     prison camps in North Korea.
       (b) Elements.--The report required by subsection (a) 
     shall--
       (1) describe the actions the United States is taking to 
     support implementation of the recommendations of the United 
     Nations Commission of Inquiry on Human Rights in the 
     Democratic People's Republic of Korea, including the eventual 
     establishment of a tribunal to hold individuals accountable 
     for abuses; and
       (2) include, with respect to each political prison camp in 
     North Korea to the extent information is available--
       (A) the estimated prisoner population of each such camp;
       (B) the geographical coordinates of each such camp;
       (C) the reasons for confinement of the prisoners at each 
     such camp;
       (D) a description of the primary industries and products 
     made at each such camp, and the end users of any goods 
     produced in such camp;
       (E) information regarding involvement of any non-North 
     Korean entity or individual involved in the operations of 
     each such camp, including as an end user or source of any 
     good or products used in, or produced by, in such camp;
       (F) information identifying individuals and agencies 
     responsible for conditions in each such camp at all levels of 
     the Government of North Korea;
       (G) a description of the conditions under which prisoners 
     are confined, with respect to the adequacy of food, shelter, 
     medical care, working conditions, and reports of ill-
     treatment of prisoners, at each such camp; and
       (H) unclassified imagery, including satellite imagery, of 
     each such camp.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in an unclassified form and may include a 
     classified annex if necessary.

     SEC. 326. ASSESSMENT OF SECURITY OF DOMESTIC OIL REFINERIES 
                   AND RELATED RAIL TRANSPORTATION INFRASTRUCTURE.

       (a) Assessment.--The Under Secretary of Homeland Security 
     for Intelligence and Analysis shall conduct an intelligence 
     assessment of the security of domestic oil refineries and 
     related rail transportation infrastructure.
       (b) Submission.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary of Homeland 
     Security for Intelligence and Analysis shall submit to the 
     congressional intelligence committees--
       (1) the results of the assessment required under subsection 
     (a); and
       (2) any recommendations with respect to intelligence 
     sharing or intelligence collection to improve the security of 
     domestic oil refineries and related rail transportation 
     infrastructure to protect the communities surrounding such 
     refineries or such infrastructure from potential harm that 
     the Under Secretary considers appropriate.

     SEC. 327. ENHANCED CONTRACTOR LEVEL ASSESSMENTS FOR THE 
                   INTELLIGENCE COMMUNITY.

       Section 506B(c) of the National Security Act of 1947 (50 
     U.S.C. 3098(c)) is amended--
       (1) in paragraph (11), by striking ``or contracted'';
       (2) by redesignating paragraph (12) as paragraph (13); and
       (3) by inserting after paragraph (11) the following:
       ``(12) The best estimate of the number of intelligence 
     collectors and analysts contracted by each element of the 
     intelligence community and a description of the functions 
     performed by such contractors.''.

     SEC. 328. ASSESSMENT OF THE EFFICACY OF MEMORANDA OF 
                   UNDERSTANDING TO FACILITATE INTELLIGENCE-
                   SHARING.

       Not later than 90 days after the date of the enactment of 
     this Act, the Under Secretary of Homeland Security for 
     Intelligence and Analysis, in consultation with the Director 
     of the Federal Bureau of Investigation and

[[Page S6462]]

     the Program Manager of the Information Sharing Environment, 
     shall submit to the congressional intelligence committees, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, the Committee on Homeland Security of the 
     House of Representatives, the Committee on the Judiciary of 
     the Senate, and the Committee on the Judiciary of the House 
     of Representatives an assessment of the efficacy of the 
     memoranda of understanding signed between Federal, State, 
     local, tribal, and territorial agencies to facilitate 
     intelligence-sharing within and separate from the Joint 
     Terrorism Task Force. Such assessment shall include--
       (1) any language within such memoranda of understanding 
     that prohibited or may be construed to prohibit intelligence-
     sharing between Federal, State, local, tribal, and 
     territorial agencies; and
       (2) any recommendations for memoranda of understanding to 
     better facilitate intelligence-sharing between Federal, 
     State, local, tribal, and territorial agencies.

     SEC. 329. REPORT ON FOREIGN MAN-MADE ELECTROMAGNETIC PULSE 
                   WEAPONS.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the congressional intelligence committees, 
     the Committee on Armed Services of the Senate, and the 
     Committee on Armed Services of the House of Representatives a 
     report on the threat posed by man-made electromagnetic pulse 
     weapons to United States interests through 2025, including 
     threats from foreign countries and foreign non-State actors.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 330. REPORT ON UNITED STATES COUNTERTERRORISM STRATEGY 
                   TO DISRUPT, DISMANTLE, AND DEFEAT AL-QAEDA AND 
                   ITS AFFILIATED OR ASSOCIATED GROUPS.

       (a) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a comprehensive report on the United States 
     counterterrorism strategy to disrupt, dismantle, and defeat 
     al-Qaeda and its affiliated or associated groups.
       (2) Coordination.--The report required by paragraph (1) 
     shall be prepared in coordination with the Secretary of 
     State, the Secretary of the Treasury, the Attorney General, 
     and the Secretary of Defense, and the head of any other 
     department or agency of the United States Government that has 
     responsibility for activities directed at combating al-Qaeda 
     and its affiliated or associated groups.
       (3) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A definition of--
       (i) al-Qaeda core, including a list of which known 
     individuals constitute al-Qaeda core;
       (ii) an affiliated group of al-Qaeda, including a list of 
     which known groups constitute an affiliate group of al-Qaeda;
       (iii) an associated group of al-Qaeda, including a list of 
     which known groups constitute an associated group of al-
     Qaeda; and
       (iv) a group aligned with al-Qaeda, including a description 
     of what actions a group takes or statements it makes that 
     qualify it as a group aligned with al-Qaeda.
       (B) A list of any other group, including the organization 
     that calls itself the Islamic State (also known as ``ISIS'' 
     or ``ISIL''), that adheres to the core mission of al-Qaeda, 
     or who espouses the same violent jihad ideology as al-Qaeda.
       (C) An assessment of the relationship between al-Qaeda core 
     and the groups referred to in subparagraph (B).
       (D) An assessment of the strengthening or weakening of al-
     Qaeda and the groups referred to in subparagraph (B) from 
     January 1, 2010, to the present, including a description of 
     the metrics that are used to assess strengthening or 
     weakening and an assessment of the relative increase or 
     decrease in violent attacks attributed to such entities.
       (E) An assessment of whether or not an individual can be a 
     member of al-Qaeda core if such individual is not located in 
     Afghanistan or Pakistan.
       (F) An assessment of whether or not an individual can be a 
     member of al-Qaeda core as well as a member of a group 
     referred to in subparagraph (B).
       (G) A definition of defeat of core al-Qaeda.
       (H) An assessment of the extent or coordination, command, 
     and control between core al-Qaeda and the groups referred to 
     in subparagraph (B), specifically addressing each such group.
       (I) An assessment of the effectiveness of counterterrorism 
     operations against core al-Qaeda and the groups referred to 
     in subparagraph (B), and whether such operations have had a 
     sustained impact on the capabilities and effectiveness of 
     core al-Qaeda and such groups.
       (4) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (3) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.

     SEC. 331. FEASIBILITY STUDY ON RETRAINING VETERANS IN 
                   CYBERSECURITY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Secretary of Defense, the Secretary of 
     Veterans Affairs, and the Secretary of Homeland Security, 
     shall submit to Congress a feasibility study on retraining 
     veterans and retired members of elements of the intelligence 
     community in cybersecurity.

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