[Congressional Record (Bound Edition), Volume 160 (2014), Part 7]
[Senate]
[Pages 9897-9908]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3233. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 2450, to improve the access of veterans to medical 
services from the Department of Veterans Affairs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 703. ASSISTING VETERANS WITH MILITARY EMERGENCY MEDICAL 
                   TRAINING TO MEET REQUIREMENTS FOR BECOMING 
                   CIVILIAN EMERGENCY MEDICAL TECHNICIANS.

       (a) In General.--Part B of title III of the Public Health 
     Service Act (42 U.S.C. 243 et seq.) is amended by inserting 
     after section 314 the following:

     ``SEC. 315. ASSISTING VETERANS WITH MILITARY EMERGENCY 
                   MEDICAL TRAINING TO MEET REQUIREMENTS FOR 
                   BECOMING CIVILIAN EMERGENCY MEDICAL 
                   TECHNICIANS.

       ``(a) Program.--The Secretary shall establish a program 
     consisting of awarding demonstration grants to States to 
     streamline State requirements and procedures in order to 
     assist veterans who completed military emergency medical 
     technician training while serving in the Armed Forces of the 
     United States to meet certification, licensure, and other 
     requirements applicable to becoming an emergency medical 
     technician in the State.
       ``(b) Use of Funds.--Amounts received as a demonstration 
     grant under this section shall be used to prepare and 
     implement a plan to streamline State requirements and 
     procedures as described in subsection (a), including by--
       ``(1) determining the extent to which the requirements for 
     the education, training, and skill level of emergency medical 
     technicians in the State are equivalent to requirements for 
     the education, training, and skill level of military 
     emergency medical technicians; and
       ``(2) identifying methods, such as waivers, for military 
     emergency medical technicians to forego or meet any such 
     equivalent State requirements.
       ``(c) Eligibility.--To be eligible for a grant under this 
     section, a State shall demonstrate that the State has a 
     shortage of emergency medical technicians.
       ``(d) Report.--The Secretary shall submit to the Congress 
     an annual report on the program under this section.
       ``(e) Funding.--Of the amount authorized by section 
     751(j)(1) to be appropriated to carry out section 751 for 
     fiscal year 2014, $1,000,000 shall be allocated to carry out 
     this section for the period of fiscal years 2014 through 
     2018.''.
       (b) Conforming Amendment.--Section 751(j)(1) of the Public 
     Health Service Act (42 U.S.C. 294a(j)(1)) is amended by 
     striking ``to carry out this section'' and inserting ``to 
     carry out this section and section 315''.
                                 ______
                                 
  SA 3234. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 2450, to improve the access of veterans to medical 
services from the Department of Veterans Affairs, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page 9898]]

       At the end of title VII, add the following:

     SEC. 703. SUPPORT FOR PROGRAMS OF LAW SCHOOLS THAT ASSIST 
                   VETERANS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     take such actions as the Secretary considers appropriate to 
     support programs of law schools that provide assistance to 
     veterans with respect to obtaining benefits under laws 
     administered by the Secretary.
       (b) Liaison.--The Secretary shall ensure that each regional 
     office of the Department of Veterans Affairs has a liaison 
     appointed to work with programs described in subsection (a).
       (c) Priority Review.--The Secretary shall give priority in 
     the adjudication of claims for benefits under laws 
     administered by the Secretary to a claim that is certified as 
     complete by a program described in subsection (a).
       (d) Diagnosis.--The Secretary shall allow practitioners and 
     graduate psychology clinics to do a Disability Benefits 
     Questionnaire that will supplant a Compensation and Pension 
     exam for initial diagnosis of post-traumatic stress disorder 
     and traumatic brain injury.
       (e) Access to Systems.--The Secretary shall allow programs 
     described in subsection (a) to access the Stakeholder 
     Enterprise Portal, the Veterans Benefits Management System, 
     and the Beneficiary Identification Records Locator System for 
     current active files and for claims files to the same degree 
     as an organization recognized by the Secretary for the 
     representation of veterans under section 5902 of title 38, 
     United States Code.
       (f) Training.--The Secretary shall provide training to the 
     head of a program described in subsection (a) on matters 
     relating to submitting claims for benefits under laws 
     administered by the Secretary.
       (g) Removal of Impediments to Awarding of Grants.--To the 
     degree practicable, the Secretary shall remove impediments to 
     the awarding of grants to pro bono legal clinics.
       (h) Email Distribution Lists.--The Secretary shall include 
     programs described in subsection (a) in email distributions 
     relating to fast letters, training letters, regulation 
     changes, and training opportunities.
                                 ______
                                 
  SA 3235. Ms. COLLINS (for herself, Mr. King, and Mr. Moran) submitted 
an amendment intended to be proposed by her to the bill S. 2450, to 
improve the access of veterans to medical services from the Department 
of Veterans Affairs, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 43, between lines 20 and 21, insert the following:

     SEC. 305. REAUTHORIZATION OF PILOT PROGRAM OF ENHANCED 
                   CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS 
                   OF VETERANS.

       Section 403(a)(3) of the Veterans' Mental Health and Other 
     Care Improvements Act of 2008 (Public Law 110-387; 38 U.S.C. 
     1703 note) is amended by striking ``only during the three-
     year period beginning on the date of the commencement of the 
     pilot program under paragraph (2)'' and inserting ``through 
     September 30, 2017''.
                                 ______
                                 
  SA 3236. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed by him to the bill H.R. 3230, to improve the access of 
veterans to medical services from the Department of Veterans Affairs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, insert the following:

                        TITLE IX--OTHER MATTERS

     SEC. 901. PILOT PROGRAM ON ELECTRONIC EXCHANGE OF HEALTH 
                   INFORMATION BETWEEN DEPARTMENT OF VETERANS 
                   AFFAIRS AND STATE HEALTH INFORMATION EXCHANGES.

       (a) In General.--The Secretary of Veterans Affairs shall 
     carry out a pilot program to assess the feasibility and 
     advisability of enabling the electronic bi-directional 
     sharing of health information between the Department of 
     Veterans Affairs and non-Department health care providers 
     through the award of grants to State health information 
     exchanges for enabling such sharing.
       (b) Grants to Health Information Exchanges.--
       (1) In general.--The Secretary shall carry out the pilot 
     program under this section through the award of grants to 
     State health information exchanges.
       (2) Selection.--The Secretary shall award grants under 
     paragraph (1) to not more than four State health information 
     exchanges.
       (3) Priority.--The Secretary shall give priority in the 
     award of grants under paragraph (1) to a State health 
     information exchange that--
       (A) is located in a State in which a high percentage of 
     hospitals and physicians in the State share information with 
     the State health information exchange of the State;
       (B) has been awarded a grant from not less than two of--
       (i) the Beacon Community Cooperative Agreement Program;
       (ii) the State Health Information Exchange Cooperative 
     Agreement Program; and
       (iii) the Regional Extension Center Program; and
       (C) has a relationship with a Federally-qualified health 
     center (as defined in section 1905(l)(2)(B) of the Social 
     Security Act (42 U.S.C. 1396d(l)(2)(B))), a facility funded 
     by the Indian Health Service, or the Department of Defense.
       (4) Limitation on amount.--Each grant awarded under 
     paragraph (1) shall not exceed $250,000.
       (c) Use of Amounts.--
       (1) In general.--A State health information exchange that 
     is awarded a grant under subsection (b) shall use the grant 
     amounts to develop the capability to allow non-Department 
     health care providers to electronically exchange health 
     information with the health care system of the Department of 
     Veterans Affairs through the use of the exchange.
       (2) Development of capability.--In developing the 
     capability described in paragraph (1), a State health 
     information exchange that is awarded a grant under subsection 
     (b) may use the grant amounts as follows:
       (A) To make upgrades to the exchange that are required to 
     enable non-Department health care providers to electronically 
     access and share health information maintained by the 
     Department through the exchange, and to securely store and 
     display that information.
       (B) To enter into agreements with the Department on the 
     sharing of information between the Department and non-
     Department health care providers through the exchange.
       (C) To develop technical capacity and privacy safeguards 
     necessary for the sharing of information pursuant to 
     agreements described in subparagraph (B).
       (D) To acquire legal support and technical assistance 
     necessary for the sharing of information pursuant to 
     agreements described in subparagraph (B).
       (E) To pay any fees associated with the exchange of 
     information between the Department and non-Department health 
     care providers.
       (F) To assist the Department with the implementation of new 
     information sharing capabilities and training of employees of 
     the Department in using such capabilities.
       (G) To evaluate the implementation of the capability 
     described in paragraph (1) and assess the effectiveness of 
     such implementation.
       (d) Operation Plan.--
       (1) In general.--Before obligating any of the amounts 
     awarded pursuant to subsection (b), a State health 
     information exchange that is awarded a grant under subsection 
     (b)(1) shall, in coordination with the Secretary, develop an 
     operation plan to carry out the development of the capability 
     described in subsection (c)(1).
       (2) Elements.--The operation plan required by paragraph (1) 
     shall include the following:
       (A) A plan for training employees of the Department to use 
     new health information sharing capabilities.
       (B) A coordinated outreach strategy to maximize the 
     enrollment of veterans in State health information exchanges.
       (e) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the feasibility and advisability of 
     enabling the electronic bi-directional sharing of health 
     information between the Department and non-Department health 
     care providers.
       (2) Elements.--The report required by paragraph (1) shall 
     include an assessment of the following:
       (A) The extent to which veterans and health care providers 
     are benefitting from enhanced health information sharing 
     capabilities under the pilot program.
       (B) The success of outreach to veterans under the pilot 
     program, including the extent to which veterans are opting 
     into the sharing of health information under the pilot 
     program.
       (C) The need for additional resources, if any, in carrying 
     out the pilot program.
       (D) Any challenges or obstacles to making progress toward 
     the electronic bi-directional sharing of health information 
     between the Department of Veterans Affairs and non-Department 
     health care providers that were encountered in carrying out 
     the pilot program.
       (f) Outreach to Veterans.--The Secretary shall conduct 
     outreach to veterans to inform veterans of the opportunity to 
     participate in health information sharing initiatives, 
     including State health information exchanges, to improve the 
     health information of, and the hospital care, medical 
     services, and other health care received by, such veterans 
     who receive such care and services from non-Department health 
     care providers in addition to such care and services from the 
     Department.
       (g) Funding.--Amounts to carry out this section shall be 
     derived from amounts available to the Department of Veterans 
     Affairs for purposes of carrying out initiatives related to 
     the Virtual Lifetime Electronic Record.
       (h) Disclosure of Information.--Notwithstanding section 
     5701 of title 38, United States Code, the Secretary may 
     disclose information about a veteran, if the veteran consents 
     to such disclosure, to State health

[[Page 9899]]

     information exchanges and non-Department health care 
     providers for purposes of carrying out the pilot program.
       (i) Definitions.--In this section:
       (1) Health information.--The term ``health information'' 
     has the meaning given such term in section 1171(4) of the 
     Social Security Act (42 U.S.C. 1320d(4)).
       (2) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands.
                                 ______
                                 
  SA 3237. Mr. TESTER proposed an amendment to the bill H.R. 3230, to 
improve the access of veterans to medical services from the Department 
of Veterans Affairs, and for other purposes; as follows:

       Amend the title so as to read:
       ``To improve the access of veterans to medical services 
     from the Department of Veterans Affairs, and for other 
     purposes.''
                                 ______
                                 
  SA 3238. Mr. REID (for Mrs. Feinstein (for herself and Mr. 
Chambliss)) proposed an amendment to the bill S. 1681, to authorize 
appropriations for fiscal year 2014 for intelligence and intelligence-
related activities of the United States Government and the Office of 
the Director of National Intelligence, the Central Intelligence Agency 
Retirement and Disability System, and for other purposes; 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 2014''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--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.
Sec. 202. CIARDS and FERS special retirement credit for service on 
              detail to another agency.

                     TITLE III--GENERAL PROVISIONS

                      Subtitle A--General Matters

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Specific authorization of funding for High Performance 
              Computing Center 2.
Sec. 304. Clarification of exemption from Freedom of Information Act of 
              identities of employees submitting complaints to the 
              Inspector General of the Intelligence Community.
Sec. 305. Functional managers for the intelligence community.
Sec. 306. Annual assessment of intelligence community performance by 
              function.
Sec. 307. Software licensing.
Sec. 308. Plans to respond to unauthorized public disclosures of covert 
              actions.
Sec. 309. Auditability.
Sec. 310. Reports of fraud, waste, and abuse.
Sec. 311. Public Interest Declassification Board.
Sec. 312. Official representation items in support of the Coast Guard 
              Attache Program.
Sec. 313. Declassification review of certain items collected during the 
              mission that killed Osama bin Laden on May 1, 2011.
Sec. 314. Merger of the Foreign Counterintelligence Program and the 
              General Defense Intelligence Program.

                         Subtitle B--Reporting

Sec. 321. Significant interpretations of law concerning intelligence 
              activities.
Sec. 322. Review for official publication of opinions of the Office of 
              Legal Counsel of the Department of Justice concerning 
              intelligence activities.
Sec. 323. Submittal to Congress by heads of elements of intelligence 
              community of plans for orderly shutdown in event of 
              absence of appropriations.
Sec. 324. Reports on chemical weapons in Syria.
Sec. 325. Reports to the intelligence community on penetrations of 
              networks and information systems of certain contractors.
Sec. 326. Report on electronic waste.
Sec. 327. Promoting STEM education to meet the future workforce needs 
              of the intelligence community.
Sec. 328. Repeal of the termination of notification requirements 
              regarding the authorized disclosure of national 
              intelligence.
Sec. 329. Repeal or modification of certain reporting requirements.

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

                  Subtitle A--National Security Agency

Sec. 401. Appointment of the Director of the National Security Agency.
Sec. 402. Appointment of the Inspector General of the National Security 
              Agency.
Sec. 403. Effective date and applicability.

               Subtitle B--National Reconnaissance Office

Sec. 411. Appointment of the Director of the National Reconnaissance 
              Office.
Sec. 412. Appointment of the Inspector General of the National 
              Reconnaissance Office.
Sec. 413. Effective date and applicability.

                Subtitle C--Central Intelligence Agency

Sec. 421. Gifts, devises, and bequests.

                   TITLE V--SECURITY CLEARANCE REFORM

Sec. 501. Continuous evaluation and sharing of derogatory information 
              regarding personnel with access to classified 
              information.
Sec. 502. Requirements for intelligence community contractors.
Sec. 503. Technology improvements to security clearance processing.
Sec. 504. Report on reciprocity of security clearances.
Sec. 505. Improving the periodic reinvestigation process.
Sec. 506. Appropriate committees of Congress defined.

       TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS

Sec. 601. Protection of intelligence community whistleblowers.
Sec. 602. Review of security clearance or access determinations.
Sec. 603. Revisions of other laws.
Sec. 604. Policies and procedures; nonapplicability to certain 
              terminations.

                    TITLE VII--TECHNICAL AMENDMENTS

Sec. 701. Technical amendments to the Central Intelligence Agency Act 
              of 1949.
Sec. 702. Technical amendments to the National Security Act of 1947 
              relating to the past elimination of certain positions.
Sec. 703. Technical amendments to the Intelligence Authorization Act 
              for Fiscal Year 2013.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 3003(4)).

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Levels.--The 
     amounts authorized to be appropriated under section 101 and, 
     subject to section 103, the authorized personnel ceilings as 
     of September 30, 2014, for the conduct of the intelligence 
     activities of the elements listed in paragraphs (1) through 
     (16) of section 101, are those specified in the classified 
     Schedule of Authorizations prepared to accompany the bill S. 
     1681 of the One Hundred Thirteenth Congress.
       (b) Availability of Classified Schedule of 
     Authorizations.--

[[Page 9900]]

       (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 2014 by 
     the classified Schedule of Authorizations referred to in 
     section 102(a) if the Director of National Intelligence 
     determines that such action is necessary to the performance 
     of important intelligence functions, except that the number 
     of personnel employed in excess of the number authorized 
     under such section may not, for any element of the 
     intelligence community, exceed 3 percent of the number of 
     civilian personnel authorized under such Schedule for such 
     element.
       (b) Treatment of Certain 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 2014 the sum of $528,229,000. Within such amount, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 102(a) for advanced research and 
     development shall remain available until September 30, 2015.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 855 positions as of 
     September 30, 2014. Personnel serving in such elements may be 
     permanent employees of the Office of the Director of National 
     Intelligence or personnel detailed from other elements of the 
     United States Government.
       (c) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     authorized to be appropriated for the Community Management 
     Account for fiscal year 2014 such additional amounts as are 
     specified in the classified Schedule of Authorizations 
     referred to in section 102(a). Such additional amounts for 
     advanced research and development shall remain available 
     until September 30, 2015.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence Community Management Account as of September 30, 
     2014, there are authorized such additional personnel for the 
     Community Management Account as of that date as are specified 
     in the classified Schedule of Authorizations referred to in 
     section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

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

       (a) In General.--Section 203(b) of the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2013(b)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``service in the Agency performed'' and inserting ``service 
     performed by an Agency employee''; and
       (2) in paragraph (1), by striking ``Agency activities'' and 
     inserting ``intelligence activities''.
       (b) Application.--The amendment made by subsection (a) 
     shall be applied to retired or deceased officers of the 
     Central Intelligence Agency who were designated at any time 
     under section 203 of the Central Intelligence Agency 
     Retirement Act (50 U.S.C. 2013) prior to the date of the 
     enactment of this Act.

                     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. SPECIFIC AUTHORIZATION OF FUNDING FOR HIGH 
                   PERFORMANCE COMPUTING CENTER 2.

       Funds appropriated for the construction of the High 
     Performance Computing Center 2 (HPCC 2), as described in the 
     table entitled Consolidated Cryptologic Program (CCP) in the 
     classified annex to accompany the Consolidated and Further 
     Continuing Appropriations Act, 2013 (Public Law 113-6; 127 
     Stat. 198), in excess of the amount specified for such 
     activity in the tables in the classified annex prepared to 
     accompany the Intelligence Authorization Act for Fiscal Year 
     2013 (Public Law 112-277; 126 Stat. 2468) shall be 
     specifically authorized by Congress for the purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     3094).

     SEC. 304. CLARIFICATION OF EXEMPTION FROM FREEDOM OF 
                   INFORMATION ACT OF IDENTITIES OF EMPLOYEES 
                   SUBMITTING COMPLAINTS TO THE INSPECTOR GENERAL 
                   OF THE INTELLIGENCE COMMUNITY.

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

     SEC. 305. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY.

       (a) Functional Managers Authorized.--Title I of the 
     National Security Act of 1947 (50 U.S.C. 3021 et seq.) is 
     amended by inserting after section 103I the following new 
     section:

     ``SEC. 103J. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE 
                   COMMUNITY.

       ``(a) Functional Managers Authorized.--The Director of 
     National Intelligence may establish within the intelligence 
     community one or more positions of manager of an intelligence 
     function. Any position so established may be known as the 
     `Functional Manager' of the intelligence function concerned.
       ``(b) Personnel.--The Director shall designate individuals 
     to serve as manager of intelligence functions established 
     under subsection (a) from among officers and employees of 
     elements of the intelligence community.
       ``(c) Duties.--Each manager of an intelligence function 
     established under subsection (a) shall have the duties as 
     follows:
       ``(1) To act as principal advisor to the Director on the 
     intelligence function.
       ``(2) To carry out such other responsibilities with respect 
     to the intelligence function as the Director may specify for 
     purposes of this section.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 103I 
     the following new item:

``Sec. 103J. Functional managers for the intelligence community.''.

     SEC. 306. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY 
                   PERFORMANCE BY FUNCTION.

       (a) Annual Assessments Required.--Title V of the National 
     Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by 
     inserting after section 506I the following new section:

     ``SEC. 506J. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY 
                   PERFORMANCE BY FUNCTION.

       ``(a) In General.--Not later than April 1, 2016, and each 
     year thereafter, the Director of National Intelligence shall, 
     in consultation with the Functional Managers, submit to the 
     congressional intelligence committees a report on covered 
     intelligence functions during the preceding year.
       ``(b) Elements.--Each report under subsection (a) shall 
     include for each covered intelligence function for the year 
     covered by such report the following:
       ``(1) An identification of the capabilities, programs, and 
     activities of such intelligence function, regardless of the 
     element of the intelligence community that carried out such 
     capabilities, programs, and activities.
       ``(2) A description of the investment and allocation of 
     resources for such intelligence function, including an 
     analysis of the allocation of resources within the context of 
     the National Intelligence Strategy, priorities for recipients 
     of resources, and areas of risk.
       ``(3) A description and assessment of the performance of 
     such intelligence function.

[[Page 9901]]

       ``(4) An identification of any issues related to the 
     application of technical interoperability standards in the 
     capabilities, programs, and activities of such intelligence 
     function.
       ``(5) An identification of the operational overlap or need 
     for de-confliction, if any, within such intelligence 
     function.
       ``(6) A description of any efforts to integrate such 
     intelligence function with other intelligence disciplines as 
     part of an integrated intelligence enterprise.
       ``(7) A description of any efforts to establish consistency 
     in tradecraft and training within such intelligence function.
       ``(8) A description and assessment of developments in 
     technology that bear on the future of such intelligence 
     function.
       ``(9) Such other matters relating to such intelligence 
     function as the Director may specify for purposes of this 
     section.
       ``(c) Definitions.--In this section:
       ``(1) The term `covered intelligence functions' means each 
     intelligence function for which a Functional Manager has been 
     established under section 103J during the year covered by a 
     report under this section.
       ``(2) The term `Functional Manager' means the manager of an 
     intelligence function established under section 103J.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 506I 
     the following new item:

``Sec. 506J. Annual assessment of intelligence community performance by 
              function.''.

     SEC. 307. SOFTWARE LICENSING.

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

     ``SEC. 109. SOFTWARE LICENSING.

       ``(a) Requirement for Inventories of Software Licenses.--
     The chief information officer of each element of the 
     intelligence community, in consultation with the Chief 
     Information Officer of the Intelligence Community, shall 
     biennially--
       ``(1) conduct an inventory of all existing software 
     licenses of such element, including utilized and unutilized 
     licenses;
       ``(2) assess the actions that could be carried out by such 
     element to achieve the greatest possible economies of scale 
     and associated cost savings in software procurement and 
     usage; and
       ``(3) submit to the Chief Information Officer of the 
     Intelligence Community each inventory required by paragraph 
     (1) and each assessment required by paragraph (2).
       ``(b) Inventories by the Chief Information Officer of the 
     Intelligence Community.--The Chief Information Officer of the 
     Intelligence Community, based on the inventories and 
     assessments required by subsection (a), shall biennially--
       ``(1) compile an inventory of all existing software 
     licenses of the intelligence community, including utilized 
     and unutilized licenses; and
       ``(2) assess the actions that could be carried out by the 
     intelligence community to achieve the greatest possible 
     economies of scale and associated cost savings in software 
     procurement and usage.
       ``(c) Reports to Congress.--The Chief Information Officer 
     of the Intelligence Community shall submit to the 
     congressional intelligence committees a copy of each 
     inventory compiled under subsection (b)(1).''.
       (b) Initial Inventory.--
       (1) Intelligence community elements.--
       (A) Date.--Not later than 120 days after the date of the 
     enactment of this Act, the chief information officer of each 
     element of the intelligence community shall complete the 
     initial inventory, assessment, and submission required under 
     section 109(a) of the National Security Act of 1947, as added 
     by subsection (a) of this section.
       (B) Basis.--The initial inventory conducted for each 
     element of the intelligence community under section 109(a)(1) 
     of the National Security Act of 1947, as added by subsection 
     (a) of this section, shall be based on the inventory of 
     software licenses conducted pursuant to section 305 of the 
     Intelligence Authorization Act for Fiscal Year 2013 (Public 
     Law 112-277; 126 Stat. 2472) for such element.
       (2) Chief information officer of the intelligence 
     community.--Not later than 180 days after the date of the 
     enactment of this Act, the Chief Information Officer of the 
     Intelligence Community shall complete the initial compilation 
     and assessment required under section 109(b) of the National 
     Security Act of 1947, as added by subsection (a).
       (c) Table of Contents Amendments.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended--
       (1) by striking the second item relating to section 104 
     (relating to Annual national security strategy report); and
       (2) inserting after the item relating to section 108 the 
     following new item:

``Sec. 109. Software licensing.''.

     SEC. 308. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC DISCLOSURES 
                   OF COVERT ACTIONS.

       Section 503 of the National Security Act of 1947 (50 U.S.C. 
     3093) is amended by adding at the end the following new 
     subsection:
       ``(h) For each type of activity undertaken as part of a 
     covert action, the President shall establish in writing a 
     plan to respond to the unauthorized public disclosure of that 
     type of activity.''.

     SEC. 309. AUDITABILITY.

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

     ``SEC. 509. AUDITABILITY OF CERTAIN ELEMENTS OF THE 
                   INTELLIGENCE COMMUNITY.

       ``(a) Requirement for Annual Audits.--The head of each 
     covered entity shall ensure that there is a full financial 
     audit of such covered entity each year beginning with fiscal 
     year 2014. Such audits may be conducted by an internal or 
     external independent accounting or auditing organization.
       ``(b) Requirement for Unqualified Opinion.--Beginning as 
     early as practicable, but in no event later than the audit 
     required under subsection (a) for fiscal year 2016, the head 
     of each covered entity shall take all reasonable steps 
     necessary to ensure that each audit required under subsection 
     (a) contains an unqualified opinion on the financial 
     statements of such covered entity for the fiscal year covered 
     by such audit.
       ``(c) Reports to Congress.--The chief financial officer of 
     each covered entity shall provide to the congressional 
     intelligence committees an annual audit report from an 
     accounting or auditing organization on each audit of the 
     covered entity conducted pursuant to subsection (a).
       ``(d) Covered Entity Defined.--In this section, the term 
     `covered entity' means the Office of the Director of National 
     Intelligence, the Central Intelligence Agency, the Defense 
     Intelligence Agency, the National Security Agency, the 
     National Reconnaissance Office, and the National Geospatial-
     Intelligence Agency.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 508 
     the following new item:

``Sec. 509. Auditability of certain elements of the intelligence 
              community.''.

     SEC. 310. REPORTS OF FRAUD, WASTE, AND ABUSE.

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

     SEC. 311. PUBLIC INTEREST DECLASSIFICATION BOARD.

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

     SEC. 312. OFFICIAL REPRESENTATION ITEMS IN SUPPORT OF THE 
                   COAST GUARD ATTACHE PROGRAM.

       Notwithstanding any other limitation on the amount of funds 
     that may be used for official representation items, the 
     Secretary of Homeland Security may use funds made available 
     to the Secretary through the National Intelligence Program 
     for necessary expenses for intelligence analysis and 
     operations coordination activities for official 
     representation items in support of the Coast Guard Attache 
     Program.

     SEC. 313. DECLASSIFICATION REVIEW OF CERTAIN ITEMS COLLECTED 
                   DURING THE MISSION THAT KILLED OSAMA BIN LADEN 
                   ON MAY 1, 2011.

       Not later than 120 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall--
       (1) in the manner described in the classified annex to this 
     Act--
       (A) complete a declassification review of documents 
     collected in Abbottabad, Pakistan, during the mission that 
     killed Osama bin Laden on May 1, 2011; and
       (B) make publicly available any information declassified as 
     a result of the declassification review required under 
     paragraph (1); and
       (2) report to the congressional intelligence committees--
       (A) the results of the declassification review required 
     under paragraph (1); and
       (B) a justification for not declassifying any information 
     required to be included in such declassification review that 
     remains classified.

     SEC. 314. MERGER OF THE FOREIGN COUNTERINTELLIGENCE PROGRAM 
                   AND THE GENERAL DEFENSE INTELLIGENCE PROGRAM.

       Notwithstanding any other provision of law, the Director of 
     National Intelligence

[[Page 9902]]

     shall carry out the merger of the Foreign Counterintelligence 
     Program into the General Defense Intelligence Program as 
     directed in the classified annex to this Act. The merger 
     shall go into effect no earlier than 30 days after written 
     notification of the merger is provided to the congressional 
     intelligence committees.

                         Subtitle B--Reporting

     SEC. 321. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING 
                   INTELLIGENCE ACTIVITIES.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 3021 et seq.), as added by section 309 of 
     this Act, is further amended by adding at the end the 
     following new section:

     ``SEC. 510. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING 
                   INTELLIGENCE ACTIVITIES.

       ``(a) Notification.--Except as provided in subsection (c) 
     and to the extent consistent with due regard for the 
     protection from unauthorized disclosure of classified 
     information relating to sensitive intelligence sources and 
     methods or other exceptionally sensitive matters, the General 
     Counsel of each element of the intelligence community shall 
     notify the congressional intelligence committees, in writing, 
     of any significant legal interpretation of the United States 
     Constitution or Federal law affecting intelligence activities 
     conducted by such element by not later than 30 days after the 
     date of the commencement of any intelligence activity 
     pursuant to such interpretation.
       ``(b) Content.--Each notification under subsection (a) 
     shall provide a summary of the significant legal 
     interpretation and the intelligence activity or activities 
     conducted pursuant to such interpretation.
       ``(c) Exceptions.--A notification under subsection (a) 
     shall not be required for a significant legal interpretation 
     if--
       ``(1) notice of the significant legal interpretation was 
     previously provided to the congressional intelligence 
     committees under subsection (a); or
       ``(2) the significant legal interpretation was made before 
     the date of the enactment of the Intelligence Authorization 
     Act for Fiscal Year 2014.
       ``(d) Limited Access for Covert Action.--If the President 
     determines that it is essential to limit access to a covert 
     action finding under section 503(c)(2), the President may 
     limit access to information concerning such finding that is 
     subject to notification under this section to those members 
     of Congress who have been granted access to the relevant 
     finding under section 503(c)(2).''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 509, 
     as so added, the following new item:

``Sec. 510. Significant interpretations of law concerning intelligence 
              activities.''.

     SEC. 322. REVIEW FOR OFFICIAL PUBLICATION OF OPINIONS OF THE 
                   OFFICE OF LEGAL COUNSEL OF THE DEPARTMENT OF 
                   JUSTICE CONCERNING INTELLIGENCE ACTIVITIES.

       (a) Process for Review for Official Publication.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Attorney General shall, in coordination with the Director 
     of National Intelligence, establish a process for the regular 
     review for official publication of significant opinions of 
     the Office of Legal Counsel of the Department of Justice that 
     have been provided to an element of the intelligence 
     community.
       (b) Factors.--The process of review of opinions established 
     under subsection (a) shall include consideration of the 
     following:
       (1) The potential importance of an opinion to other 
     agencies or officials in the Executive branch.
       (2) The likelihood that similar questions addressed in an 
     opinion may arise in the future.
       (3) The historical importance of an opinion or the context 
     in which it arose.
       (4) The potential significance of an opinion to the overall 
     jurisprudence of the Office of Legal Counsel.
       (5) Such other factors as the Attorney General and the 
     Director of National Intelligence consider appropriate.
       (c) Presumption.--The process of review established under 
     subsection (a) shall apply a presumption that significant 
     opinions of the Office of Legal Counsel should be published 
     when practicable, consistent with national security and other 
     confidentiality considerations.
       (d) Construction.--Nothing in this section shall require 
     the official publication of any opinion of the Office of 
     Legal Counsel, including publication under any circumstance 
     as follows:
       (1) When publication would reveal classified or other 
     sensitive information relating to national security.
       (2) When publication could reasonably be anticipated to 
     interfere with Federal law enforcement efforts or is 
     prohibited by law.
       (3) When publication would conflict with preserving 
     internal Executive branch deliberative processes or 
     protecting other information properly subject to privilege.
       (e) Requirement To Provide Classified Opinions to 
     Congress.--
       (1) In general.--Any opinion of the Office of Legal Counsel 
     that would have been selected for publication under the 
     process of review established under subsection (a) but for 
     the fact that publication would reveal classified or other 
     sensitive information relating to national security shall be 
     provided or made available to the appropriate committees of 
     Congress.
       (2) Exception for covert action.--If the President 
     determines that it is essential to limit access to a covert 
     action finding under section 503(c)(2) of the National 
     Security Act of 1947 (50 U.S.C. 3093(c)(2)), the President 
     may limit access to information concerning such finding that 
     would otherwise be provided or made available under this 
     subsection to those members of Congress who have been granted 
     access to such finding under such section 503(c)(2).
       (f) Judicial Review.--The determination whether an opinion 
     of the Office of Legal Counsel is appropriate for official 
     publication under the process of review established under 
     subsection (a) is discretionary and is not subject to 
     judicial review.

     SEC. 323. SUBMITTAL TO CONGRESS BY HEADS OF ELEMENTS OF 
                   INTELLIGENCE COMMUNITY OF PLANS FOR ORDERLY 
                   SHUTDOWN IN EVENT OF ABSENCE OF APPROPRIATIONS.

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

     SEC. 324. REPORTS ON CHEMICAL WEAPONS IN SYRIA.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on the Syrian 
     chemical weapons program.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A comprehensive assessment of chemical weapon 
     stockpiles in Syria, including names, types, and quantities 
     of chemical weapons agents, types of munitions, and location 
     and form of storage, production, and research and development 
     facilities.
       (2) A listing of key personnel associated with the Syrian 
     chemical weapons program.
       (3) An assessment of undeclared chemical weapons 
     stockpiles, munitions, and facilities.
       (4) An assessment of how these stockpiles, precursors, and 
     delivery systems were obtained.
       (5) A description of key intelligence gaps related to the 
     Syrian chemical weapons program.
       (6) An assessment of any denial and deception efforts on 
     the part of the Syrian regime related to its chemical weapons 
     program.
       (c) Progress Reports.--Every 90 days until the date that is 
     18 months after the date of the enactment of this Act, the 
     Director of National Intelligence shall submit to Congress a 
     progress report providing any material updates to the report 
     required under subsection (a).

     SEC. 325. REPORTS TO THE INTELLIGENCE COMMUNITY ON 
                   PENETRATIONS OF NETWORKS AND INFORMATION 
                   SYSTEMS OF CERTAIN CONTRACTORS.

       (a) Procedures for Reporting Penetrations.--The Director of 
     National Intelligence shall establish procedures that require 
     each cleared intelligence contractor to report to an element 
     of the intelligence community designated by the Director for 
     purposes of such procedures when a network or information 
     system of such contractor that meets the criteria established 
     pursuant to subsection (b) is successfully penetrated.
       (b) Networks and Information Systems Subject to 
     Reporting.--The Director of National Intelligence shall, in 
     consultation with appropriate officials, establish criteria 
     for covered networks to be subject to the procedures for 
     reporting system penetrations under subsection (a).
       (c) Procedure Requirements.--
       (1) Rapid reporting.--The procedures established pursuant 
     to subsection (a) shall require each cleared intelligence 
     contractor to

[[Page 9903]]

     rapidly report to an element of the intelligence community 
     designated pursuant to subsection (a) of each successful 
     penetration of the network or information systems of such 
     contractor that meet the criteria established pursuant to 
     subsection (b). Each such report shall include the following:
       (A) A description of the technique or method used in such 
     penetration.
       (B) A sample of the malicious software, if discovered and 
     isolated by the contractor, involved in such penetration.
       (C) A summary of information created by or for such element 
     in connection with any program of such element that has been 
     potentially compromised due to such penetration.
       (2) Access to equipment and information by intelligence 
     community personnel.--The procedures established pursuant to 
     subsection (a) shall--
       (A) include mechanisms for intelligence community personnel 
     to, upon request, obtain access to equipment or information 
     of a cleared intelligence contractor necessary to conduct 
     forensic analysis in addition to any analysis conducted by 
     such contractor;
       (B) provide that a cleared intelligence contractor is only 
     required to provide access to equipment or information as 
     described in subparagraph (A) to determine whether 
     information created by or for an element of the intelligence 
     community in connection with any intelligence community 
     program was successfully exfiltrated from a network or 
     information system of such contractor and, if so, what 
     information was exfiltrated; and
       (C) provide for the reasonable protection of trade secrets, 
     commercial or financial information, and information that can 
     be used to identify a specific person (other than the name of 
     the suspected perpetrator of the penetration).
       (3) Limitation on dissemination of certain information.--
     The procedures established pursuant to subsection (a) shall 
     prohibit the dissemination outside the intelligence community 
     of information obtained or derived through such procedures 
     that is not created by or for the intelligence community 
     except--
       (A) with the approval of the contractor providing such 
     information;
       (B) to the congressional intelligence committees or the 
     Subcommittees on Defense of the Committees on Appropriations 
     of the House of Representatives and the Senate for such 
     committees and such Subcommittees to perform oversight; or
       (C) to law enforcement agencies to investigate a 
     penetration reported under this section.
       (d) Issuance of Procedures and Establishment of Criteria.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall establish the procedures required under 
     subsection (a) and the criteria required under subsection 
     (b).
       (2) Applicability date.--The requirements of this section 
     shall apply on the date on which the Director of National 
     Intelligence establishes the procedures required under this 
     section.
       (e) Coordination With the Secretary of Defense To Prevent 
     Duplicate Reporting.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence and the Secretary of Defense shall establish 
     procedures to permit a contractor that is a cleared 
     intelligence contractor and a cleared defense contractor 
     under section 941 of the National Defense Authorization Act 
     for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2224 
     note) to submit a single report that satisfies the 
     requirements of this section and such section 941 for an 
     incident of penetration of network or information system.
       (f) Definitions.--In this section:
       (1) Cleared intelligence contractor.--The term ``cleared 
     intelligence contractor'' means a private entity granted 
     clearance by the Director of National Intelligence or the 
     head of an element of the intelligence community to access, 
     receive, or store classified information for the purpose of 
     bidding for a contract or conducting activities in support of 
     any program of an element of the intelligence community.
       (2) Covered network.--The term ``covered network'' means a 
     network or information system of a cleared intelligence 
     contractor that contains or processes information created by 
     or for an element of the intelligence community with respect 
     to which such contractor is required to apply enhanced 
     protection.
       (g) Savings Clauses.--Nothing in this section shall be 
     construed to alter or limit any otherwise authorized access 
     by government personnel to networks or information systems 
     owned or operated by a contractor that processes or stores 
     government data.

     SEC. 326. REPORT ON ELECTRONIC WASTE.

       (a) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the congressional intelligence committees a 
     report on the extent to which the intelligence community has 
     implemented the recommendations of the Inspector General of 
     the Intelligence Community contained in the report entitled 
     ``Study of Intelligence Community Electronic Waste Disposal 
     Practices'' issued in May 2013. Such report shall include an 
     assessment of the extent to which the policies, standards, 
     and guidelines of the intelligence community governing the 
     proper disposal of electronic waste are applicable to covered 
     commercial electronic waste that may contain classified 
     information.
       (b) Definitions.--In this section:
       (1) Covered commercial electronic waste.--The term 
     ``covered commercial electronic waste'' means electronic 
     waste of a commercial entity that contracts with an element 
     of the intelligence community.
       (2) Electronic waste.--The term ``electronic waste'' 
     includes any obsolete, broken, or irreparable electronic 
     device, including a television, copier, facsimile machine, 
     tablet, telephone, computer, computer monitor, laptop, 
     printer, scanner, and associated electrical wiring.

     SEC. 327. PROMOTING STEM EDUCATION TO MEET THE FUTURE 
                   WORKFORCE NEEDS OF THE INTELLIGENCE COMMUNITY.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the Secretary of Education and the 
     congressional intelligence committees a report describing the 
     anticipated hiring needs of the intelligence community in the 
     fields of science, technology, engineering, and mathematics, 
     including cybersecurity and computer literacy. The report 
     shall--
       (1) describe the extent to which competitions, challenges, 
     or internships at elements of the intelligence community that 
     do not involve access to classified information may be 
     utilized to promote education in the fields of science, 
     technology, engineering, and mathematics, including 
     cybersecurity and computer literacy, within high schools or 
     institutions of higher education in the United States;
       (2) include cost estimates for carrying out such 
     competitions, challenges, or internships; and
       (3) include strategies for conducting expedited security 
     clearance investigations and adjudications for students at 
     institutions of higher education for purposes of offering 
     internships at elements of the intelligence community.
       (b) Consideration of Existing Programs.--In developing the 
     report under subsection (a), the Director shall take into 
     consideration existing programs of the intelligence 
     community, including the education programs of the National 
     Security Agency and the Information Assurance Scholarship 
     Program of the Department of Defense, as appropriate.
       (c) Definitions.--In this section:
       (1) High school.--The term ``high school'' mean a school 
     that awards a secondary school diploma.
       (2) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (3) Secondary school.--The term ``secondary school'' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).

     SEC. 328. REPEAL OF THE TERMINATION OF NOTIFICATION 
                   REQUIREMENTS REGARDING THE AUTHORIZED 
                   DISCLOSURE OF NATIONAL INTELLIGENCE.

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

     SEC. 329. REPEAL OR MODIFICATION OF CERTAIN REPORTING 
                   REQUIREMENTS.

       (a) Repeal of Reporting Requirements.--
       (1) Threat of attack on the united states using weapons of 
     mass destruction.--Section 114 of the National Security Act 
     of 1947 (50 U.S.C. 3050) is amended by striking subsection 
     (b).
       (2) Treaty on conventional armed forces in europe.--Section 
     2(5)(E) of the Senate resolution advising and consenting to 
     ratification of the Document Agreed Among the States Parties 
     to the Treaty on Conventional Armed Forces in Europe (CFE) of 
     November 19, 1990, adopted at Vienna May 31, 1996 (Treaty 
     Doc. 105-5) (commonly referred to as the ``CFE Flank 
     Document''), 105th Congress, agreed to May 14, 1997, is 
     repealed.
       (b) Modification of Reporting Requirements.--
       (1) Intelligence advisory committees.--Section 410(b) of 
     the Intelligence Authorization Act for Fiscal Year 2010 (50 
     U.S.C. 3309) is amended to read as follows:
       ``(b) Notification of Establishment of Advisory 
     Committee.--The Director of National Intelligence and the 
     Director of the Central Intelligence Agency shall each notify 
     the congressional intelligence committees each time each such 
     Director creates an advisory committee. Each notification 
     shall include--
       ``(1) a description of such advisory committee, including 
     the subject matter of such committee;
       ``(2) a list of members of such advisory committee; and
       ``(3) in the case of an advisory committee created by the 
     Director of National Intelligence, the reasons for a 
     determination by

[[Page 9904]]

     the Director under section 4(b)(3) of the Federal Advisory 
     Committee Act (5 U.S.C. App.) that an advisory committee 
     cannot comply with the requirements of such Act.''.
       (2) Intelligence information sharing.--Section 102A(g)(4) 
     of the National Security Act of 1947 (50 U.S.C. 3024(g)(4)) 
     is amended to read as follows:
       ``(4) The Director of National Intelligence shall, in a 
     timely manner, report to Congress any statute, regulation, 
     policy, or practice that the Director believes impedes the 
     ability of the Director to fully and effectively ensure 
     maximum availability of access to intelligence information 
     within the intelligence community consistent with the 
     protection of the national security of the United States.''.
       (3) Intelligence community business system 
     transformation.--Section 506D(j) of the National Security Act 
     of 1947 (50 U.S.C. 3100(j)) is amended in the matter 
     preceding paragraph (1) by striking ``2015'' and inserting 
     ``2014''.
       (4) Activities of privacy and civil liberties officers.--
     Section 1062(f)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended 
     in the matter preceding subparagraph (A) by striking 
     ``quarterly'' and inserting ``semiannually''.
       (c) Conforming Amendments.--The National Security Act of 
     1947 (50 U.S.C. 3001 et seq.) is amended--
       (1) in the table of contents in the first section, by 
     striking the item relating to section 114 and inserting the 
     following new item:

``Sec. 114. Annual report on hiring and retention of minority 
              employees.'';
       (2) in section 114 (50 U.S.C. 3050)--
       (A) by amending the heading to read as follows: ``annual 
     report on hiring and retention of minority employees'';
       (B) by striking ``(a) Annual Report on Hiring and Retention 
     of Minority Employees.--'';
       (C) by redesignating paragraphs (1) through (5) as 
     subsections (a) through (e), respectively;
       (D) in subsection (b) (as so redesignated)--
       (i) by redesignating subparagraphs (A) through (C) as 
     paragraphs (1) through (3), respectively; and
       (ii) in paragraph (2) (as so redesignated)--

       (I) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively; and
       (II) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``clauses (i) and (ii)'' and 
     inserting ``subparagraphs (A) and (B)'';

       (E) in subsection (d) (as redesignated by subparagraph (C) 
     of this paragraph), by striking ``subsection'' and inserting 
     ``section''; and
       (F) in subsection (e) (as redesignated by subparagraph (C) 
     of this paragraph)--
       (i) by redesignating subparagraphs (A) through (C) as 
     paragraphs (1) through (3), respectively; and
       (ii) by striking ``subsection,'' and inserting ``section''; 
     and
       (3) in section 507 (50 U.S.C. 3106)--
       (A) in subsection (a)--
       (i) by striking ``(1) The date'' and inserting ``The 
     date'';
       (ii) by striking ``subsection (c)(1)(A)'' and inserting 
     ``subsection (c)(1)'';
       (iii) by striking paragraph (2); and
       (iv) by redesignating subparagraphs (A) through (F) as 
     paragraphs (1) through (6), respectively;
       (B) in subsection (c)(1)--
       (i) by striking ``(A) Except'' and inserting ``Except''; 
     and
       (ii) by striking subparagraph (B); and
       (C) in subsection (d)(1)--
       (i) in subparagraph (A)--

       (I) by striking ``subsection (a)(1)'' and inserting 
     ``subsection (a)''; and
       (II) by inserting ``and'' after ``March 1;'';

       (ii) by striking subparagraph (B); and
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B).

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

                  Subtitle A--National Security Agency

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

       (a) Director of the National Security Agency.--Section 2 of 
     the National Security Agency Act of 1959 (50 U.S.C. 3602) is 
     amended--
       (1) by inserting ``(b)'' before ``There''; and
       (2) by inserting before subsection (b), as so designated by 
     paragraph (1), the following:
       ``(a)(1) There is a Director of the National Security 
     Agency.
       ``(2) The Director of the National Security Agency shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(3) The Director of the National Security Agency shall be 
     the head of the National Security Agency and shall discharge 
     such functions and duties as are provided by this Act or 
     otherwise by law or executive order.''.
       (b) Position of Importance and Responsibility.--
       (1) In general.--The President may designate the Director 
     of the National Security Agency as a position of importance 
     and responsibility under section 601 of title 10, United 
     States Code.
       (2) Effective date.--Paragraph (1) shall take effect on the 
     date of the enactment of this Act.

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

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in section 8G(a)(2), by striking ``the National 
     Security Agency,''; and
       (2) in section 12--
       (A) in paragraph (1), by striking ``or the Federal 
     Cochairpersons of the Commissions established under section 
     15301 of title 40, United States Code;'' and inserting ``the 
     Federal Cochairpersons of the Commissions established under 
     section 15301 of title 40, United States Code; the Director 
     of the National Security Agency;''; and
       (B) in paragraph (2), by striking ``or the Commissions 
     established under section 15301 of title 40, United States 
     Code,'' and inserting ``the Commissions established under 
     section 15301 of title 40, United States Code, the National 
     Security Agency,''.

     SEC. 403. EFFECTIVE DATE AND APPLICABILITY.

       (a) In General.--Except as otherwise specifically provided, 
     the amendments made by sections 401 and 402 shall take effect 
     on October 1, 2014, and shall apply upon the earlier of--
       (1) in the case of section 401--
       (A) the date of the first nomination by the President of an 
     individual to serve as the Director of the National Security 
     Agency that occurs on or after October 1, 2014; or
       (B) the date of the cessation of the performance of the 
     duties of the Director of the National Security Agency by the 
     individual performing such duties on October 1, 2014; and
       (2) in the case of section 402--
       (A) the date of the first nomination by the President of an 
     individual to serve as the Inspector General of the National 
     Security Agency that occurs on or after October 1, 2014; or
       (B) the date of the cessation of the performance of the 
     duties of the Inspector General of the National Security 
     Agency by the individual performing such duties on October 1, 
     2014.
       (b) Exception for Initial Nominations.--Notwithstanding 
     paragraph (1)(A) or (2)(A) of subsection (a), an individual 
     serving as the Director of the National Security Agency or 
     the Inspector General of the National Security Agency on the 
     date that the President first nominates an individual for 
     such position on or after October 1, 2014, may continue to 
     perform in that position after such date of nomination and 
     until the individual appointed to the position, by and with 
     the advice and consent of the Senate, assumes the duties of 
     the position.
       (c) Incumbent Inspector General.--The individual serving as 
     Inspector General of the National Security Agency on the date 
     of the enactment of this Act shall be eligible to be 
     appointed by the President to a new term of service under 
     section 3 of the Inspector General Act of 1978 (5 U.S.C. 
     App.), by and with the advice and consent of the Senate.

               Subtitle B--National Reconnaissance Office

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

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

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

       ``(a) In General.--There is a Director of the National 
     Reconnaissance Office.
       ``(b) Appointment.--The Director of the National 
     Reconnaissance Office shall be appointed by the President, by 
     and with the advice and consent of the Senate.
       ``(c) Functions and Duties.--The Director of the National 
     Reconnaissance Office shall be the head of the National 
     Reconnaissance Office and shall discharge such functions and 
     duties as are provided by this Act or otherwise by law or 
     executive order.''.
       (b) Position of Importance and Responsibility.--
       (1) In general.--The President may designate the Director 
     of the National Reconnaissance Office as a position of 
     importance and responsibility under section 601 of title 10, 
     United States Code.
       (2) Effective date.--Paragraph (1) shall take effect on the 
     date of the enactment of this Act.
       (c) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947 (50 
     U.S.C. 3001 et seq.) is amended by inserting after the item 
     relating to section 106 the following:

``Sec. 106A. Director of the National Reconnaissance Office.''.

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

       The Inspector General Act of 1978 (5 U.S.C. App.)--
       (1) in section 8G(a)(2), as amended by section 402, is 
     further amended by striking ``the National Reconnaissance 
     Office,''; and
       (2) in section 12, as amended by section 402, is further 
     amended--
       (A) in paragraph (1), by inserting ``or the Director of the 
     National Reconnaissance Office;'' before ``as the case may 
     be;''; and
       (B) in paragraph (2), by inserting ``or the National 
     Reconnaissance Office,'' before ``as the case may be;''.

[[Page 9905]]



     SEC. 413. EFFECTIVE DATE AND APPLICABILITY.

       (a) In General.--The amendments made by sections 411 and 
     412 shall take effect on October 1, 2014, and shall apply 
     upon the earlier of--
       (1) in the case of section 411--
       (A) the date of the first nomination by the President of an 
     individual to serve as the Director of the National 
     Reconnaissance Office that occurs on or after October 1, 
     2014; or
       (B) the date of the cessation of the performance of the 
     duties of the Director of the National Reconnaissance Office 
     by the individual performing such duties on October 1, 2014; 
     and
       (2) in the case of section 412--
       (A) the date of the first nomination by the President of an 
     individual to serve as the Inspector General of the National 
     Reconnaissance Office that occurs on or after October 1, 
     2014; or
       (B) the date of the cessation of the performance of the 
     duties of the Inspector General of the National 
     Reconnaissance Office by the individual performing such 
     duties on October 1, 2014.
       (b) Exception for Initial Nominations.--Notwithstanding 
     paragraph (1)(A) or (2)(A) of subsection (a), an individual 
     serving as the Director of the National Reconnaissance Office 
     or the Inspector General of the National Reconnaissance 
     Office on the date that the President first nominates an 
     individual for such position on or after October 1, 2014, may 
     continue to perform in that position after such date of 
     nomination and until the individual appointed to the 
     position, by and with the advice and consent of the Senate, 
     assumes the duties of the position.
       (c) Incumbent Inspector General.--The individual serving as 
     Inspector General of the National Reconnaissance Office on 
     the date of the enactment of this Act shall be eligible to be 
     appointed by the President to a new term of service under 
     section 3 of the Inspector General Act of 1978 (5 U.S.C. 
     App.), by and with the advice and consent of the Senate.

                Subtitle C--Central Intelligence Agency

     SEC. 421. GIFTS, DEVISES, AND BEQUESTS.

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

                   TITLE V--SECURITY CLEARANCE REFORM

     SEC. 501. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY 
                   INFORMATION REGARDING PERSONNEL WITH ACCESS TO 
                   CLASSIFIED INFORMATION.

       Section 102A(j) of the National Security Act of 1947 (50 
     U.S.C. 3024(j)) is amended--
       (1) in the heading, by striking ``Sensitive Compartmented 
     Information'' and inserting ``Classified Information'';
       (2) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (3) in paragraph (4), by striking the period and inserting 
     a semicolon; and
       (4) by adding at the end the following new paragraphs:
       ``(5) ensure that the background of each employee or 
     officer of an element of the intelligence community, each 
     contractor to an element of the intelligence community, and 
     each individual employee of such a contractor who has been 
     determined to be eligible for access to classified 
     information is monitored on a continual basis under standards 
     developed by the Director, including with respect to the 
     frequency of evaluation, during the period of eligibility of 
     such employee or officer of an element of the intelligence 
     community, such contractor, or such individual employee to 
     such a contractor to determine whether such employee or 
     officer of an element of the intelligence community, such 
     contractor, and such individual employee of such a contractor 
     continues to meet the requirements for eligibility for access 
     to classified information; and
       ``(6) develop procedures to require information sharing 
     between elements of the intelligence community concerning 
     potentially derogatory security information regarding an 
     employee or officer of an element of the intelligence 
     community, a contractor to an element of the intelligence 
     community, or an individual employee of such a contractor 
     that may impact the eligibility of such employee or officer 
     of an element of the intelligence community, such contractor, 
     or such individual employee of such a contractor for a 
     security clearance.''.

     SEC. 502. REQUIREMENTS FOR INTELLIGENCE COMMUNITY 
                   CONTRACTORS.

       (a) Requirements.--Section 102A of the National Security 
     Act of 1947 (50 U.S.C. 3024) is amended by adding at the end 
     the following new subsection:
       ``(x) Requirements for Intelligence Community 
     Contractors.--The Director of National Intelligence, in 
     consultation with the head of each department of the Federal 
     Government that contains an element of the intelligence 
     community and the Director of the Central Intelligence 
     Agency, shall--
       ``(1) ensure that--
       ``(A) any contractor to an element of the intelligence 
     community with access to a classified network or classified 
     information develops and operates a security plan that is 
     consistent with standards established by the Director of 
     National Intelligence for intelligence community networks; 
     and
       ``(B) each contract awarded by an element of the 
     intelligence community includes provisions requiring the 
     contractor comply with such plan and such standards;
       ``(2) conduct periodic assessments of each security plan 
     required under paragraph (1)(A) to ensure such security plan 
     complies with the requirements of such paragraph; and
       ``(3) ensure that the insider threat detection capabilities 
     and insider threat policies of the intelligence community 
     apply to facilities of contractors with access to a 
     classified network.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to contracts entered into or renewed 
     after the date of the enactment of this Act.

     SEC. 503. TECHNOLOGY IMPROVEMENTS TO SECURITY CLEARANCE 
                   PROCESSING.

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

[[Page 9906]]



     SEC. 504. REPORT ON RECIPROCITY OF SECURITY CLEARANCES.

       The head of the entity selected pursuant to section 3001(b) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (50 U.S.C. 3341(b)) shall submit to the appropriate 
     committees of Congress a report each year through 2017 that 
     describes for the preceding year--
       (1) the periods of time required by authorized adjudicative 
     agencies for accepting background investigations and 
     determinations completed by an authorized investigative 
     entity or authorized adjudicative agency;
       (2) the total number of cases in which a background 
     investigation or determination completed by an authorized 
     investigative entity or authorized adjudicative agency is 
     accepted by another agency;
       (3) the total number of cases in which a background 
     investigation or determination completed by an authorized 
     investigative entity or authorized adjudicative agency is not 
     accepted by another agency; and
       (4) such other information or recommendations as the head 
     of the entity selected pursuant to such section 3001(b) 
     considers appropriate.

     SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION PROCESS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter until 
     December 31, 2017, the Director of National Intelligence, in 
     consultation with the Secretary of Defense and the Director 
     of the Office of Personnel Management, shall transmit to the 
     appropriate committees of Congress a strategic plan for 
     updating the process for periodic reinvestigations consistent 
     with a continuous evaluation program.
       (b) Contents.--The plan required by subsection (a) shall 
     include--
       (1) an analysis of the costs and benefits associated with 
     conducting periodic reinvestigations;
       (2) an analysis of the costs and benefits associated with 
     replacing some or all periodic reinvestigations with a 
     program of continuous evaluation;
       (3) a determination of how many risk-based and ad hoc 
     periodic reinvestigations are necessary on an annual basis 
     for each component of the Federal Government with employees 
     with security clearances;
       (4) an analysis of the potential benefits of expanding the 
     Government's use of continuous evaluation tools as a means of 
     improving the effectiveness and efficiency of procedures for 
     confirming the eligibility of personnel for continued access 
     to classified information; and
       (5) an analysis of how many personnel with out-of-scope 
     background investigations are employed by, or contracted or 
     detailed to, each element of the intelligence community.
       (c) Periodic Reinvestigations Defined.--In this section, 
     the term ``periodic reinvestigations'' has the meaning given 
     that term in section 3001(a) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)).

     SEC. 506. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

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

       TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS

     SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY 
                   WHISTLEBLOWERS.

       (a) In General.--Title XI of the National Security Act of 
     1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 1104. PROHIBITED PERSONNEL PRACTICES IN THE 
                   INTELLIGENCE COMMUNITY.

       ``(a) Definitions.--In this section:
       ``(1) Agency.--The term `agency' means an executive 
     department or independent establishment, as defined under 
     sections 101 and 104 of title 5, United States Code, that 
     contains an intelligence community element, except the 
     Federal Bureau of Investigation.
       ``(2) Covered intelligence community element.--The term 
     `covered intelligence community element'--
       ``(A) means--
       ``(i) the Central Intelligence Agency, the Defense 
     Intelligence Agency, the National Geospatial-Intelligence 
     Agency, the National Security Agency, the Office of the 
     Director of National Intelligence, and the National 
     Reconnaissance Office; and
       ``(ii) any executive agency or unit thereof determined by 
     the President under section 2302(a)(2)(C)(ii) of title 5, 
     United States Code, to have as its principal function the 
     conduct of foreign intelligence or counterintelligence 
     activities; and
       ``(B) does not include the Federal Bureau of Investigation.
       ``(3) Personnel action.--The term `personnel action' means, 
     with respect to an employee in a position in a covered 
     intelligence community element (other than a position 
     excepted from the competitive service due to its 
     confidential, policy-determining, policymaking, or policy-
     advocating character)--
       ``(A) an appointment;
       ``(B) a promotion;
       ``(C) a disciplinary or corrective action;
       ``(D) a detail, transfer, or reassignment;
       ``(E) a demotion, suspension, or termination;
       ``(F) a reinstatement or restoration;
       ``(G) a performance evaluation;
       ``(H) a decision concerning pay, benefits, or awards;
       ``(I) a decision concerning education or training if such 
     education or training may reasonably be expected to lead to 
     an appointment, promotion, or performance evaluation; or
       ``(J) any other significant change in duties, 
     responsibilities, or working conditions.
       ``(b) In General.--Any employee of an agency who has 
     authority to take, direct others to take, recommend, or 
     approve any personnel action, shall not, with respect to such 
     authority, take or fail to take a personnel action with 
     respect to any employee of a covered intelligence community 
     element as a reprisal for a lawful disclosure of information 
     by the employee to the Director of National Intelligence (or 
     an employee designated by the Director of National 
     Intelligence for such purpose), the Inspector General of the 
     Intelligence Community, the head of the employing agency (or 
     an employee designated by the head of that agency for such 
     purpose), the appropriate inspector general of the employing 
     agency, a congressional intelligence committee, or a member 
     of a congressional intelligence committee, which the employee 
     reasonably believes evidences--
       ``(1) a violation of any Federal law, rule, or regulation; 
     or
       ``(2) mismanagement, a gross waste of funds, an abuse of 
     authority, or a substantial and specific danger to public 
     health or safety.
       ``(c) Enforcement.--The President shall provide for the 
     enforcement of this section.
       ``(d) Existing Rights Preserved.--Nothing in this section 
     shall be construed to--
       ``(1) preempt or preclude any employee, or applicant for 
     employment, at the Federal Bureau of Investigation from 
     exercising rights provided under any other law, rule, or 
     regulation, including section 2303 of title 5, United States 
     Code; or
       ``(2) repeal section 2303 of title 5, United States 
     Code.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by adding at the end the following new item:

``Sec. 1104. Prohibited personnel practices in the intelligence 
              community.''.

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

       (a) General Responsibility.--
       (1) In general.--Section 3001(b) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)) is 
     amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``Not'' and inserting ``Except as otherwise provided, not'';
       (B) in paragraph (5), by striking ``and'' after the 
     semicolon;
       (C) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (D) by inserting after paragraph (6) the following:
       ``(7) not later than 180 days after the date of the 
     enactment of the Intelligence Authorization Act for Fiscal 
     Year 2014--
       ``(A) developing policies and procedures that permit, to 
     the extent practicable, individuals to appeal a determination 
     to suspend or revoke a security clearance or access to 
     classified information and to retain their government 
     employment status while such challenge is pending; and
       ``(B) developing and implementing uniform and consistent 
     policies and procedures to ensure proper protections during 
     the process for denying, suspending, or revoking a security 
     clearance or access to classified information, including the 
     ability to appeal such a denial, suspension, or revocation, 
     except that there shall be no appeal of an agency's 
     suspension of a security clearance or access determination 
     for purposes of conducting an investigation, if that 
     suspension lasts no longer than 1 year or the head of the 
     agency or a designee of the head of the agency certifies that 
     a longer suspension is needed before a final decision on 
     denial or revocation to prevent imminent harm to the national 
     security.''.
       (2) Required elements of policies and procedures.--The 
     policies and procedures for appeal developed under paragraph 
     (7) of section 3001(b) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as added by subsection (a), 
     shall provide for the Inspector General of the Intelligence 
     Community, or the inspector general of the employing agency, 
     to conduct fact-finding and report to the agency head or the 
     designee of the agency head within 180 days unless the 
     employee and the agency agree to an extension or the 
     investigating inspector general determines in writing that a 
     greater period of time is required. To the fullest extent 
     possible, such fact-finding shall include an opportunity for 
     the employee to present relevant evidence such as witness 
     testimony.
       (b) Retaliatory Revocation of Security Clearances and 
     Access Determinations.--Section 3001 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (50 U.S.C.

[[Page 9907]]

     3341) is amended by adding at the end the following:
       ``(j) Retaliatory Revocation of Security Clearances and 
     Access Determinations.--
       ``(1) In general.--Agency personnel with authority over 
     personnel security clearance or access determinations shall 
     not take or fail to take, or threaten to take or fail to 
     take, any action with respect to any employee's security 
     clearance or access determination in retaliation for--
       ``(A) any lawful disclosure of information to the Director 
     of National Intelligence (or an employee designated by the 
     Director of National Intelligence for such purpose) or the 
     head of the employing agency (or employee designated by the 
     head of that agency for such purpose) by an employee that the 
     employee reasonably believes evidences--
       ``(i) a violation of any Federal law, rule, or regulation; 
     or
       ``(ii) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety;
       ``(B) any lawful disclosure to the Inspector General of an 
     agency or another employee designated by the head of the 
     agency to receive such disclosures, of information which the 
     employee reasonably believes evidences--
       ``(i) a violation of any Federal law, rule, or regulation; 
     or
       ``(ii) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety;
       ``(C) any lawful disclosure that complies with--
       ``(i) subsections (a)(1), (d), and (h) of section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.);
       ``(ii) subparagraphs (A), (D), and (H) of section 17(d)(5) 
     of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)); or
       ``(iii) subparagraphs (A), (D), and (I) of section 
     103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 
     3033(k)(5)); and
       ``(D) if the actions do not result in the employee or 
     applicant unlawfully disclosing information specifically 
     required by Executive order to be kept classified in the 
     interest of national defense or the conduct of foreign 
     affairs, any lawful disclosure in conjunction with--
       ``(i) the exercise of any appeal, complaint, or grievance 
     right granted by any law, rule, or regulation;
       ``(ii) testimony for or otherwise lawfully assisting any 
     individual in the exercise of any right referred to in clause 
     (i); or
       ``(iii) cooperation with or disclosing information to the 
     Inspector General of an agency, in accordance with applicable 
     provisions of law in connection with an audit, inspection, or 
     investigation conducted by the Inspector General.
       ``(2) Rule of construction.--Consistent with the protection 
     of sources and methods, nothing in paragraph (1) shall be 
     construed to authorize the withholding of information from 
     Congress or the taking of any personnel action against an 
     employee who lawfully discloses information to Congress.
       ``(3) Disclosures.--
       ``(A) In general.--A disclosure shall not be excluded from 
     paragraph (1) because--
       ``(i) the disclosure was made to a person, including a 
     supervisor, who participated in an activity that the employee 
     reasonably believed to be covered by paragraph (1)(A)(ii);
       ``(ii) the disclosure revealed information that had been 
     previously disclosed;
       ``(iii) the disclosure was not made in writing;
       ``(iv) the disclosure was made while the employee was off 
     duty; or
       ``(v) of the amount of time which has passed since the 
     occurrence of the events described in the disclosure.
       ``(B) Reprisals.--If a disclosure is made during the normal 
     course of duties of an employee, the disclosure shall not be 
     excluded from paragraph (1) if any employee who has authority 
     to take, direct others to take, recommend, or approve any 
     personnel action with respect to the employee making the 
     disclosure, took, failed to take, or threatened to take or 
     fail to take a personnel action with respect to that employee 
     in reprisal for the disclosure.
       ``(4) Agency adjudication.--
       ``(A) Remedial procedure.--An employee or former employee 
     who believes that he or she has been subjected to a reprisal 
     prohibited by paragraph (1) may, within 90 days after the 
     issuance of notice of such decision, appeal that decision 
     within the agency of that employee or former employee through 
     proceedings authorized by subsection (b)(7), except that 
     there shall be no appeal of an agency's suspension of a 
     security clearance or access determination for purposes of 
     conducting an investigation, if that suspension lasts not 
     longer than 1 year (or a longer period in accordance with a 
     certification made under subsection (b)(7)).
       ``(B) Corrective action.--If, in the course of proceedings 
     authorized under subparagraph (A), it is determined that the 
     adverse security clearance or access determination violated 
     paragraph (1), the agency shall take specific corrective 
     action to return the employee or former employee, as nearly 
     as practicable and reasonable, to the position such employee 
     or former employee would have held had the violation not 
     occurred. Such corrective action may include back pay and 
     related benefits, travel expenses, and compensatory damages 
     not to exceed $300,000.
       ``(C) Contributing factor.--In determining whether the 
     adverse security clearance or access determination violated 
     paragraph (1), the agency shall find that paragraph (1) was 
     violated if a disclosure described in paragraph (1) was a 
     contributing factor in the adverse security clearance or 
     access determination taken against the individual, unless the 
     agency demonstrates by a preponderance of the evidence that 
     it would have taken the same action in the absence of such 
     disclosure, giving the utmost deference to the agency's 
     assessment of the particular threat to the national security 
     interests of the United States in the instant matter.
       ``(5) Appellate review of security clearance access 
     determinations by director of national intelligence.--
       ``(A) Appeal.--Within 60 days after receiving notice of an 
     adverse final agency determination under a proceeding under 
     paragraph (4), an employee or former employee may appeal that 
     determination in accordance with the procedures established 
     under subparagraph (B).
       ``(B) Policies and procedures.--The Director of National 
     Intelligence, in consultation with the Attorney General and 
     the Secretary of Defense, shall develop and implement 
     policies and procedures for adjudicating the appeals 
     authorized by subparagraph (A).
       ``(C) Congressional notification.--Consistent with the 
     protection of sources and methods, at the time the Director 
     of National Intelligence issues an order regarding an appeal 
     pursuant to the policies and procedures established by this 
     paragraph, the Director of National Intelligence shall notify 
     the congressional intelligence committees.
       ``(6) Judicial review.--Nothing in this section shall be 
     construed to permit or require judicial review of any--
       ``(A) agency action under this section; or
       ``(B) action of the appellate review procedures established 
     under paragraph (5).
       ``(7) Private cause of action.--Nothing in this section 
     shall be construed to permit, authorize, or require a private 
     cause of action to challenge the merits of a security 
     clearance determination.''.
       (c) Access Determination Defined.--Section 3001(a) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341(a)) is amended by adding at the end the 
     following:
       ``(9) Access determination.--The term `access 
     determination' means the determination regarding whether an 
     employee--
       ``(A) is eligible for access to classified information in 
     accordance with Executive Order 12968 (60 Fed. Reg. 40245; 
     relating to access to classified information), or any 
     successor thereto, and Executive Order 10865 (25 Fed. Reg. 
     1583; relating to safeguarding classified information with 
     industry), or any successor thereto; and
       ``(B) possesses a need to know under such an Order.''.
       (d) Existing Rights Preserved.--Nothing in this section or 
     the amendments made by this section shall be construed to 
     preempt, preclude, or otherwise prevent an individual from 
     exercising rights, remedies, or avenues of redress currently 
     provided under any other law, regulation, or rule.
       (e) Rule of Construction.--Nothing in section 3001 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341), as amended by this title, shall be construed to 
     require the repeal or replacement of agency appeal procedures 
     implementing Executive Order 12968 (60 Fed. Reg. 40245; 
     relating to access to classified information), or any 
     successor thereto, and Executive Order 10865 (25 Fed. Reg. 
     1583; relating to safeguarding classified information with 
     industry), or any successor thereto, that meet the 
     requirements of paragraph (7) of section 3001(b) of such Act, 
     as added by this section.

     SEC. 603. REVISIONS OF OTHER LAWS.

       (a) Inspector General Act of 1978.--Section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended--
       (1) in subsection (b)--
       (A) by inserting ``(1)'' after ``(b)''; and
       (B) by adding at the end the following:
       ``(2) If the head of an establishment determines that a 
     complaint or information transmitted under paragraph (1) 
     would create a conflict of interest for the head of the 
     establishment, the head of the establishment shall return the 
     complaint or information to the Inspector General with that 
     determination and the Inspector General shall make the 
     transmission to the Director of National Intelligence and, if 
     the establishment is within the Department of Defense, to the 
     Secretary of Defense. In such a case, the requirements of 
     this section for the head of the establishment apply to each 
     recipient of the Inspector General's transmission.'';
       (2) by redesignating subsection (h) as subsection (i); and
       (3) by inserting after subsection (g) the following:
       ``(h) An individual who has submitted a complaint or 
     information to an Inspector General under this section may 
     notify any member of the Permanent Select Committee on 
     Intelligence of the House of Representatives or the Select 
     Committee on Intelligence of the Senate, or a staff member of

[[Page 9908]]

     either such Committee, of the fact that such individual has 
     made a submission to that particular Inspector General, and 
     of the date on which such submission was made.''.
       (b) Central Intelligence Agency.--Section 17(d)(5) of the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)) is amended--
       (1) in subparagraph (B)--
       (A) by inserting ``(i)'' after ``(B)''; and
       (B) by adding at the end the following:
       ``(ii) If the Director determines that a complaint or 
     information transmitted under paragraph (1) would create a 
     conflict of interest for the Director, the Director shall 
     return the complaint or information to the Inspector General 
     with that determination and the Inspector General shall make 
     the transmission to the Director of National Intelligence. In 
     such a case, the requirements of this subsection for the 
     Director of the Central Intelligence Agency apply to the 
     Director of National Intelligence''; and
       (2) by adding at the end the following:
       ``(H) An individual who has submitted a complaint or 
     information to the Inspector General under this section may 
     notify any member of the Permanent Select Committee on 
     Intelligence of the House of Representatives or the Select 
     Committee on Intelligence of the Senate, or a staff member of 
     either such Committee, of the fact that such individual has 
     made a submission to the Inspector General, and of the date 
     on which such submission was made.''.
       (c) National Security Act of 1947.--Section 103H(k)(5) of 
     the National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is 
     amended by adding at the end the following:
       ``(I) An individual who has submitted a complaint or 
     information to the Inspector General under this section may 
     notify any member of either of the congressional intelligence 
     committees, or a staff member of either of such committees, 
     of the fact that such individual has made a submission to the 
     Inspector General, and of the date on which such submission 
     was made.''.

     SEC. 604. POLICIES AND PROCEDURES; NONAPPLICABILITY TO 
                   CERTAIN TERMINATIONS.

       (a) Covered Intelligence Community Element Defined.--In 
     this section, the term ``covered intelligence community 
     element''--
       (1) means--
       (A) the Central Intelligence Agency, the Defense 
     Intelligence Agency, the National Geospatial-Intelligence 
     Agency, the National Security Agency, the Office of the 
     Director of National Intelligence, and the National 
     Reconnaissance Office; and
       (B) any executive agency or unit thereof determined by the 
     President under section 2302(a)(2)(C)(ii) of title 5, United 
     States Code, to have as its principal function the conduct of 
     foreign intelligence or counterintelligence activities; and
       (2) does not include the Federal Bureau of Investigation.
       (b) Regulations.--In consultation with the Secretary of 
     Defense, the Director of National Intelligence shall develop 
     policies and procedures to ensure that a personnel action 
     shall not be taken against an employee of a covered 
     intelligence community element as a reprisal for any 
     disclosure of information described in 1104 of the National 
     Security Act of 1947, as added by section 601 of this Act.
       (c) Report on the Status of Implementation of 
     Regulations.--Not later than 2 years after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit a report on the status of the implementation of 
     the regulations promulgated under subsection (b) to the 
     congressional intelligence committees.
       (d) Nonapplicability to Certain Terminations.--Section 1104 
     of the National Security Act of 1947, as added by section 601 
     of this Act, and section 3001 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended 
     by section 602 of this Act, shall not apply if--
       (1) the affected employee is concurrently terminated 
     under--
       (A) section 1609 of title 10, United States Code;
       (B) the authority of the Director of National Intelligence 
     under section 102A(m) of the National Security Act of 1947 
     (50 U.S.C. 3024(m)), if the Director determines that the 
     termination is in the interest of the United States;
       (C) the authority of the Director of the Central 
     Intelligence Agency under section 104A(e) of the National 
     Security Act of 1947 (50 U.S.C. 3036(e)), if the Director 
     determines that the termination is in the interest of the 
     United States; or
       (D) section 7532 of title 5, United States Code, if the 
     head of the agency determines that the termination is in the 
     interest of the United States; and
       (2) not later than 30 days after such termination, the head 
     of the agency that employed the affected employee notifies 
     the congressional intelligence committees of the termination.

                    TITLE VII--TECHNICAL AMENDMENTS

     SEC. 701. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE 
                   AGENCY ACT OF 1949.

       Section 21 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3521) is amended--
       (1) in subsection (b)(1)(D), by striking ``section (a)'' 
     and inserting ``subsection (a)''; and
       (2) in subsection (c)(2)(E), by striking ``provider.'' and 
     inserting ``provider''.

     SEC. 702. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT 
                   OF 1947 RELATING TO THE PAST ELIMINATION OF 
                   CERTAIN POSITIONS.

       Section 101(a) of the National Security Act of 1947 (50 
     U.S.C. 3021(a)) is amended--
       (1) in paragraph (5), by striking the semicolon and 
     inserting ``; and'';
       (2) by striking paragraphs (6) and (7);
       (3) by redesignating paragraph (8) as paragraph (6); and
       (4) in paragraph (6) (as so redesignated), by striking 
     ``the Chairman of the Munitions Board, and the Chairman of 
     the Research and Development Board,''.

     SEC. 703. TECHNICAL AMENDMENTS TO THE INTELLIGENCE 
                   AUTHORIZATION ACT FOR FISCAL YEAR 2013.

       (a) Amendments.--Section 506 of the Intelligence 
     Authorization Act for Fiscal Year 2013 (Public Law 112-277; 
     126 Stat. 2478) is amended--
       (1) by striking ``Section 606(5)'' and inserting 
     ``Paragraph (5) of section 605''; and
       (2) by inserting ``, as redesignated by section 
     310(a)(4)(B) of this Act,'' before ``is amended''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2013 (Public 
     Law 112-277).
                                 ______
                                 
  SA 3239. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 2450, to improve the access of veterans to medical 
services from the Department of Veterans Affairs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXEMPTION OF MEDICAL DEVICES SOLD UNDER THE TRICARE 
                   FOR LIFE PROGRAM OR VETERAN'S HEALTH CARE 
                   PROGRAMS FROM THE MEDICAL DEVICE EXCISE TAX.

       (a) In General.--Paragraph (2) of section 4191(b) of the 
     Internal Revenue Code of 1986 is amended--
       (1) in subparagraph (C), by striking ``and'' at the end,
       (2) by redesignating subparagraph (D) as subparagraph (E), 
     and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) any medical device which is sold to individuals 
     covered under the TRICARE for Life program or the veteran's 
     health care program under chapter 17 of title 38, United 
     States Code, any portion of the cost of which is paid or 
     reimbursed under either such program, and''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to sales after the date of the enactment of this 
     Act.

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