    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-293
    113th Congress

    An Act

    To authorize appropriations for fiscal years 2014 and 2015 for
    intelligence and intelligence-related activities of the United States
    Government, the Community Management Account, and the Central
    Intelligence Agency Retirement and Disability System, and for other
    purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

    TITLE I--INTELLIGENCE ACTIVITIES

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

    TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

    Sec. 201. Authorization of appropriations.

    TITLE III--GENERAL PROVISIONS

    Subtitle A--General Matters

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

    [[Page 3991]]

    Subtitle B--Reporting

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

    SEC. 2. <>  DEFINITIONS.

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

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

    TITLE I--INTELLIGENCE ACTIVITIES

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

    [[Page 3992]]

    (15) The National Geospatial-Intelligence Agency.
    (16) The Department of Homeland Security.
    SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts
    authorized to be appropriated under section 101 and, subject to section
    103, the authorized personnel ceilings as of September 30, 2015, for the
    conduct of the intelligence activities of the elements listed in
    paragraphs (1) through (16) of section 101, are those specified in the
    classified Schedule of Authorizations prepared to accompany the bill
    H.R. 4681 of the One Hundred Thirteenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--
    (1) Availability.--The classified Schedule of Authorizations
    referred to in subsection (a) shall be made available to the
    Committee on Appropriations of the Senate, the Committee on
    Appropriations of the House of Representatives, and to the
    President.
    (2) Distribution by the president.--Subject to paragraph
    (3), the President shall provide for suitable distribution of
    the classified Schedule of Authorizations, or of appropriate
    portions of the Schedule, within the executive branch.
    (3) <>  Limits on disclosure.--The
    President shall not publicly disclose the classified Schedule of
    Authorizations or any portion of such Schedule except--
    (A) as provided in section 601(a) of the
    Implementing Recommendations of the 9/11 Commission Act
    of 2007 (50 U.S.C. 3306(a));
    (B) to the extent necessary to implement the budget;
    or
    (C) as otherwise required by law.
    SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) <>  Authority for Increases.--The Director
    of National Intelligence may authorize employment of civilian personnel
    in excess of the number authorized for fiscal year 2015 by the
    classified Schedule of Authorizations referred to in section 102(a) if
    the Director of National Intelligence determines that such action is
    necessary to the performance of important intelligence functions, except
    that the number of personnel employed in excess of the number authorized
    under such section may not, for any element of the intelligence
    community, exceed 3 percent of the number of civilian personnel
    authorized under such Schedule for such element.

    (b) <>  Treatment of Certain Personnel.--The
    Director of National Intelligence shall establish guidelines that
    govern, for each element of the intelligence community, the treatment
    under the personnel levels authorized under section 102(a), including
    any exemption from such personnel levels, of employment or assignment
    in--
    (1) a student program, trainee program, or similar program;
    (2) a reserve corps or as a reemployed annuitant; or
    (3) details, joint duty, or long term, full-time training.

    (c) Notice to Congressional Intelligence Committees.--The
    Director <>  of National Intelligence shall notify the
    congressional intelligence committees in writing at least 15 days prior
    to each exercise of an authority described in subsection (a).

    [[Page 3993]]

    SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

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

    TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

    SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence
    Agency Retirement and Disability Fund for fiscal year 2015 the sum of
    $514,000,000.

    TITLE III--GENERAL PROVISIONS

    Subtitle A--General Matters

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

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

    [[Page 3994]]

    SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed
    to constitute authority for the conduct of any intelligence activity
    which is not otherwise authorized by the Constitution or the laws of the
    United States.
    SEC. 303. NATIONAL INTELLIGENCE STRATEGY.

    (a) In General.--Title I of the National Security Act of 1947 (50
    U.S.C. 3021 et seq.) is amended by inserting after section 108 the
    following:
    ``SEC. 108A. <>  NATIONAL INTELLIGENCE
    STRATEGY.

    ``(a) <>  In
    General.--Beginning in 2017, and once every 4 years thereafter, the
    Director of National Intelligence shall develop a comprehensive national
    intelligence strategy to meet national security objectives for the
    following 4-year period, or a longer period, if appropriate.

    ``(b) Requirements.--Each national intelligence strategy required by
    subsection (a) shall--
    ``(1) delineate a national intelligence strategy consistent
    with--
    ``(A) the most recent national security strategy
    report submitted pursuant to section 108;
    ``(B) the strategic plans of other relevant
    departments and agencies of the United States; and
    ``(C) other relevant national-level plans;
    ``(2) address matters related to national and military
    intelligence, including counterintelligence;
    ``(3) identify the major national security missions that the
    intelligence community is currently pursuing and will pursue in
    the future to meet the anticipated security environment;
    ``(4) describe how the intelligence community will utilize
    personnel, technology, partnerships, and other capabilities to
    pursue the major national security missions identified in
    paragraph (3);
    ``(5) assess current, emerging, and future threats to the
    intelligence community, including threats from foreign
    intelligence and security services and insider threats;
    ``(6) outline the organizational roles and missions of the
    elements of the intelligence community as part of an integrated
    enterprise to meet customer demands for intelligence products,
    services, and support;
    ``(7) identify sources of strategic, institutional,
    programmatic, fiscal, and technological risk; and
    ``(8) analyze factors that may affect the intelligence
    community's performance in pursuing the major national security
    missions identified in paragraph (3) during the following 10-
    year period.

    ``(c) <>  Submission to Congress.--The
    Director of National Intelligence shall submit to the congressional
    intelligence committees a report on each national intelligence strategy
    required by subsection (a) not later than 45 days after the date of the
    completion of such strategy.''.

    (b) Table of Contents Amendments.--The table of contents in the
    first section of the National Security Act of 1947 is amended

    [[Page 3995]]

    by inserting after the item relating to section 108 the following new
    item:

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

    SEC. 304. SOFTWARE LICENSING.

    Section 109 of the National Security Act of 1947 (50 U.S.C. 3044) is
    amended--
    (1) in subsection (a)(2), by striking ``usage; and'' and
    inserting ``usage, including--
    ``(A) increasing the centralization of the
    management of software licenses;
    ``(B) increasing the regular tracking and
    maintaining of comprehensive inventories of software
    licenses using automated discovery and inventory tools
    and metrics;
    ``(C) analyzing software license data to inform
    investment decisions; and
    ``(D) providing appropriate personnel with
    sufficient software licenses management training; and'';
    (2) in subsection (b)--
    (A) in paragraph (1), by striking ``; and'' and
    inserting a semicolon;
    (B) in paragraph (2), by striking ``usage.'' and
    inserting ``usage, including--
    ``(A) increasing the centralization of the
    management of software licenses;
    ``(B) increasing the regular tracking and
    maintaining of comprehensive inventories of software
    licenses using automated discovery and inventory tools
    and metrics;
    ``(C) analyzing software license data to inform
    investment decisions; and
    ``(D) providing appropriate personnel with
    sufficient software licenses management training; and'';
    and
    (C) by adding at the end the following new
    paragraph:
    ``(3) based on the assessment required under paragraph (2),
    make such recommendations with respect to software procurement
    and usage to the Director of National Intelligence as the Chief
    Information Officer considers appropriate.''; and
    (3) by adding at the end the following new subsection:

    ``(d) <>  Implementation of
    Recommendations.--Not later than 180 days after the date on which the
    Director of National Intelligence receives recommendations from the
    Chief Information Officer of the Intelligence Community in accordance
    with subsection (b)(3), the Director of National Intelligence shall, to
    the extent practicable, issue guidelines for the intelligence community
    on software procurement and usage based on such recommendations.''.
    SEC. 305. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY FORMER
    INTELLIGENCE OFFICERS AND EMPLOYEES.

    (a) Restriction.--Title III of the National Security Act of 1947 (50
    U.S.C. 3071 et seq.) is amended by inserting after section 303 the
    following new section:
    ``SEC. 304. <>  REPORTING OF CERTAIN
    EMPLOYMENT ACTIVITIES BY FORMER
    INTELLIGENCE OFFICERS AND EMPLOYEES.

    ``(a) <>  In General.--The head of each element
    of the intelligence community shall issue regulations requiring each
    employee of such element occupying a covered position to sign a written
    agreement

    [[Page 3996]]

    requiring the regular reporting of covered employment to the head of
    such element.

    ``(b) Agreement Elements.--The regulations required under subsection
    (a) shall provide that an agreement contain provisions requiring each
    employee occupying a covered position to, during the two-year period
    beginning on the date on which such employee ceases to occupy such
    covered position--
    ``(1) report covered employment to the head of the element
    of the intelligence community that employed such employee in
    such covered position upon accepting such covered employment;
    and
    ``(2) annually (or more frequently if the head of such
    element considers it appropriate) report covered employment to
    the head of such element.

    ``(c) Definitions.--In this section:
    ``(1) Covered employment.--The term `covered employment'
    means direct employment by, representation of, or the provision
    of advice relating to national security to the government of a
    foreign country or any person whose activities are directly or
    indirectly supervised, directed, controlled, financed, or
    subsidized, in whole or in major part, by any government of a
    foreign country.
    ``(2) Covered position.--The term `covered position' means a
    position within an element of the intelligence community that,
    based on the level of access of a person occupying such position
    to information regarding sensitive intelligence sources or
    methods or other exceptionally sensitive matters, the head of
    such element determines should be subject to the requirements of
    this section.
    ``(3) Government of a foreign country.--The term `government
    of a foreign country' has the meaning given the term in section
    1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C.
    611(e)).''.

    (b) <>  Regulations and Certification.--
    (1) Regulations.--Not later than 90 days after the date of
    the enactment of this Act, the head of each element of the
    intelligence community shall issue the regulations required
    under section 304 of the National Security Act of 1947, as added
    by subsection (a) of this section.
    (2) Certification.--Not later than 180 days after the date
    of the enactment of this Act, the Director of National
    Intelligence shall submit to the congressional intelligence
    committees--
    (A) a certification that each head of an element of
    the intelligence community has prescribed the
    regulations required under section 304 of the National
    Security Act of 1947, as added by subsection (a) of this
    section; or
    (B) if the Director is unable to submit the
    certification described under subparagraph (A), an
    explanation as to why the Director is unable to submit
    such certification, including a designation of which
    heads of an element of the intelligence community have
    prescribed the regulations required under such section
    304 and which have not.

    (c) Table of Contents Amendments.--The table of contents in the
    first section of the National Security Act of 1947 is amended--

    [[Page 3997]]

    (1) by striking the second item relating to section 302
    (Under Secretaries and Assistant Secretaries) and the items
    relating to sections 304, 305, and 306; and
    (2) by inserting after the item relating to section 303 the
    following new item:

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

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

    Section 1024 of the National Security Act of 1947 (50 U.S.C. 3224)
    is amended--
    (1) in subsection (c)(1), by inserting ``and Predominantly
    Black Institutions'' after ``universities''; and
    (2) in subsection (g)--
    (A) by redesignating paragraph (4) as paragraph (5);
    and
    (B) by inserting after paragraph (3) the following
    new paragraph:
    ``(4) <>  Predominantly black
    institution.--The term `Predominantly Black Institution' has the
    meaning given the term in section 318 of the Higher education
    Act of 1965 (20 U.S.C. 1059e).''.
    SEC. 307. <>  MANAGEMENT AND OVERSIGHT OF
    FINANCIAL INTELLIGENCE.

    (a) Requirement for Plan.--Not later than 90 days after the date of
    the enactment of this Act, the Director of National Intelligence shall
    prepare a plan for management of the elements of the intelligence
    community that carry out financial intelligence activities.
    (b) Contents of Plan.--The plan required by subsection (a) shall
    establish a governance framework, procedures for sharing and harmonizing
    the acquisition and use of financial analytic tools, standards for
    quality of analytic products, procedures for oversight and evaluation of
    resource allocations associated with the joint development of
    information sharing efforts and tools, and an education and training
    model for elements of the intelligence community that carry out
    financial intelligence activities.
    (c) Briefing to Congress.--Not later than 180 days after the date of
    the enactment of this Act, the Director of National Intelligence shall
    brief the congressional intelligence committees on the actions the
    Director proposes to implement the plan required by subsection (a).
    SEC. 308. ANALYSIS OF PRIVATE SECTOR POLICIES AND PROCEDURES FOR
    COUNTERING INSIDER THREATS.

    (a) <>  Analysis.--Not later than 180
    days after the date of the enactment of this Act, the Director of
    National Intelligence, in consultation with the National
    Counterintelligence Executive, shall submit to the congressional
    intelligence committees an analysis of private sector policies and
    procedures for countering insider threats.

    (b) Content.--The analysis required by subsection (a) shall
    include--
    (1) <>  a review of whether and how the
    intelligence community could utilize private sector hiring and
    human resources best

    [[Page 3998]]

    practices to screen, vet, and validate the credentials,
    capabilities, and character of applicants for positions
    involving trusted access to sensitive information;
    (2) an analysis of private sector policies for holding
    supervisors and subordinates accountable for violations of
    established security protocols and whether the intelligence
    community should adopt similar policies for positions of trusted
    access to sensitive information;
    (3) <>  an assessment of the feasibility
    and advisability of applying mandatory leave policies, similar
    to those endorsed by the Federal Deposit Insurance Corporation
    and the Securities and Exchange Commission to identify fraud in
    the financial services industry, to certain positions within the
    intelligence community; and
    (4) <>  recommendations for how
    the intelligence community could utilize private sector risk
    indices, such as credit risk scores, to make determinations
    about employee access to sensitive information.
    SEC. 309. <>  PROCEDURES FOR THE RETENTION OF
    INCIDENTALLY ACQUIRED COMMUNICATIONS.

    (a) Definitions.--In this section:
    (1) Covered communication.--The term ``covered
    communication'' means any nonpublic telephone or electronic
    communication acquired without the consent of a person who is a
    party to the communication, including communications in
    electronic storage.
    (2) Head of an element of the intelligence community.--The
    term ``head of an element of the intelligence community'' means,
    as appropriate--
    (A) the head of an element of the intelligence
    community; or
    (B) the head of the department or agency containing
    such element.
    (3) United states person.--The term ``United States person''
    has the meaning given that term in section 101 of the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

    (b) Procedures for Covered Communications.--
    (1) <>  Requirement to adopt.--Not later
    than 2 years after the date of the enactment of this Act each
    head of an element of the intelligence community shall adopt
    procedures approved by the Attorney General for such element
    that ensure compliance with the requirements of paragraph (3).
    (2) Coordination and approval.--The procedures required by
    paragraph (1) shall be--
    (A) prepared in coordination with the Director of
    National Intelligence; and
    (B) approved by the Attorney General prior to
    issuance.
    (3) Procedures.--
    (A) Application.--The procedures required by
    paragraph (1) shall apply to any intelligence collection
    activity not otherwise authorized by court order
    (including an order or certification issued by a court
    established under subsection (a) or (b) of section 103
    of the Foreign Intelligence Surveillance Act of 1978 (50
    U.S.C. 1803)), subpoena, or similar legal process that
    is reasonably anticipated to result in the acquisition
    of a covered communication to or from

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    a United States person and shall permit the acquisition,
    retention, and dissemination of covered communications
    subject to the limitation in subparagraph (B).
    (B) <>  Limitation on
    retention.--A covered communication shall not be
    retained in excess of 5 years, unless--
    (i) the communication has been affirmatively
    determined, in whole or in part, to constitute
    foreign intelligence or counterintelligence or is
    necessary to understand or assess foreign
    intelligence or counterintelligence;
    (ii) the communication is reasonably believed
    to constitute evidence of a crime and is retained
    by a law enforcement agency;
    (iii) the communication is enciphered or
    reasonably believed to have a secret meaning;
    (iv) all parties to the communication are
    reasonably believed to be non-United States
    persons;
    (v) <>  retention is
    necessary to protect against an imminent threat to
    human life, in which case both the nature of the
    threat and the information to be retained shall be
    reported to the congressional intelligence
    committees not later than 30 days after the date
    such retention is extended under this clause;
    (vi) retention is necessary for technical
    assurance or compliance purposes, including a
    court order or discovery obligation, in which case
    access to information retained for technical
    assurance or compliance purposes shall be reported
    to the congressional intelligence committees on an
    annual basis; or
    (vii) <>  retention
    for a period in excess of 5 years is approved by
    the head of the element of the intelligence
    community responsible for such retention, based on
    a determination that retention is necessary to
    protect the national security of the United
    States, in which case the head of such element
    shall provide to the congressional intelligence
    committees a written certification describing--
    (I) the reasons extended retention
    is necessary to protect the national
    security of the United States;
    (II) the duration for which the head
    of the element is authorizing retention;
    (III) the particular information to
    be retained; and
    (IV) the measures the element of the
    intelligence community is taking to
    protect the privacy interests of United
    States persons or persons located inside
    the United States.
    SEC. 310. CLARIFICATION OF LIMITATION OF REVIEW TO RETALIATORY
    SECURITY CLEARANCE OR ACCESS
    DETERMINATIONS.

    Section 3001(b)(7) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (50 U.S.C. 3341(b)(7)) is amended--
    (1) in the matter preceding subparagraph (A), by striking
    ``2014--'' and inserting ``2014, and consistent with subsection
    (j)--'';

    [[Page 4000]]

    (2) in subparagraph (A), by striking ``to appeal a
    determination to suspend or revoke a security clearance or
    access to classified information'' and inserting ``alleging
    reprisal for having made a protected disclosure (provided the
    individual does not disclose classified information or other
    information contrary to law) to appeal any action affecting an
    employee's access to classified information''; and
    (3) in subparagraph (B), by striking ``information,''
    inserting ``information following a protected disclosure,''.
    SEC. 311. FEASIBILITY STUDY ON CONSOLIDATING CLASSIFIED DATABASES
    OF CYBER THREAT INDICATORS AND MALWARE
    SAMPLES.

    (a) <>  In General.--Not later than 180 days
    after the date of the enactment of this Act, the Director of National
    Intelligence, in consultation with the Secretary of Homeland Security,
    the Director of the National Security Agency, the Director of the
    Central Intelligence Agency, and the Director of the Federal Bureau of
    Investigation, shall conduct a feasibility study on consolidating
    classified databases of cyber threat indicators and malware samples in
    the intelligence community.

    (b) <>  Elements.--The feasibility
    study required by subsection (a) shall include the following:
    (1) An inventory of classified databases of cyber threat
    indicators and malware samples in the intelligence community.
    (2) An assessment of actions that could be carried out to
    consolidate such databases to achieve the greatest possible
    information sharing within the intelligence community and cost
    savings for the Federal Government.
    (3) An assessment of any impediments to such consolidation.
    (4) An assessment of whether the Intelligence Community
    Information Technology Enterprise can support such
    consolidation.

    (c) Report to Congress.--Not later than 30 days after the date on
    which the Director of National Intelligence completes the feasibility
    study required by subsection (a), the Director shall submit to the
    congressional intelligence committees a written report that summarizes
    the feasibility study, including the information required under
    subsection (b).
    SEC. 312. SENSE OF CONGRESS ON CYBERSECURITY THREAT AND CYBERCRIME
    COOPERATION WITH UKRAINE.

    It is the sense of Congress that--
    (1) cooperation between the intelligence and law enforcement
    agencies of the United States and Ukraine should be increased to
    improve cybersecurity policies between these two countries;
    (2) the United States should pursue improved extradition
    procedures among the Governments of the United States, Ukraine,
    and other countries from which cybercriminals target United
    States citizens and entities;
    (3) the President should--
    (A) initiate a round of formal United States-Ukraine
    bilateral talks on cybersecurity threat and cybercrime
    cooperation, with additional multilateral talks that
    include other law enforcement partners such as Europol
    and Interpol; and

    [[Page 4001]]

    (B) work to obtain a commitment from the Government
    of Ukraine to end cybercrime directed at persons outside
    Ukraine and to work with the United States and other
    allies to deter and convict known cybercriminals;
    (4) the President should establish a capacity building
    program with the Government of Ukraine, which could include--
    (A) a joint effort to improve cyber capacity
    building, including intelligence and law enforcement
    services in Ukraine;
    (B) sending United States law enforcement agents to
    aid law enforcement agencies in Ukraine in investigating
    cybercrimes; and
    (C) agreements to improve communications networks to
    enhance law enforcement cooperation, such as a hotline
    directly connecting law enforcement agencies in the
    United States and Ukraine; and
    (5) the President should establish and maintain an
    intelligence and law enforcement cooperation scorecard with
    metrics designed to measure the number of instances that
    intelligence and law enforcement agencies in the United States
    request assistance from intelligence and law enforcement
    agencies in Ukraine and the number and type of responses
    received to such requests.
    SEC. 313. REPLACEMENT OF LOCALLY EMPLOYED STAFF SERVING AT UNITED
    STATES DIPLOMATIC FACILITIES IN THE
    RUSSIAN FEDERATION.

    (a) Employment Requirement.--
    (1) <>  In general.--The Secretary of State
    shall ensure that, not later than one year after the date of the
    enactment of this Act, every supervisory position at a United
    States diplomatic facility in the Russian Federation shall be
    occupied by a citizen of the United States who has passed, and
    shall be subject to, a thorough background check.
    (2) <>  Extension.--The Secretary of
    State may extend the deadline under paragraph (1) for up to one
    year by providing advance written notification and justification
    of such extension to the appropriate congressional committees.
    (3) Progress report.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary of State shall
    submit to the appropriate congressional committees a report on
    progress made toward meeting the employment requirement under
    paragraph (1).

    (b) Plan for Reduced Use of Locally Employed Staff.--Not later than
    180 <>  days after the date of the
    enactment of this Act, the Secretary of State, in coordination with
    other appropriate government agencies, shall submit to the appropriate
    congressional committees a plan to further reduce the reliance on
    locally employed staff in United States diplomatic facilities in the
    Russian Federation. The <>  plan shall, at a
    minimum, include cost estimates, timelines, and numbers of employees to
    be replaced.

    (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
    (1) the congressional intelligence committees;

    [[Page 4002]]

    (2) the Committee on Armed Services, the Committee on
    Foreign Relations, and the Committee on Appropriations of the
    Senate; and
    (3) the Committee on Armed Services, the Committee on
    Foreign Affairs, and the Committee on Appropriations of the
    House of Representatives.

    (d) Rule of Construction.--Nothing in this section shall be
    construed to infringe on the power of the President, by and with the
    advice and consent of the Senate, to appoint ambassadors, other public
    ministers, and consuls.''
    SEC. 314. <>  INCLUSION OF SENSITIVE
    COMPARTMENTED INFORMATION FACILITIES IN
    UNITED STATES DIPLOMATIC FACILITIES IN THE
    RUSSIAN FEDERATION AND ADJACENT COUNTRIES.

    (a) Sensitive Compartmented Information Facility Requirement.--Each
    United States diplomatic facility that, after the date of the enactment
    of this Act, is constructed in, or undergoes a construction upgrade in,
    the Russian Federation, any country that shares a land border with the
    Russian Federation, or any country that is a former member of the Soviet
    Union shall be constructed to include a Sensitive Compartmented
    Information Facility.
    (b) <>  National Security Waiver.--
    The Secretary of State may waive the requirement under subsection (a) if
    the Secretary determines that such waiver is in the national security
    interest of the United States and submits a written justification to the
    appropriate congressional committees not later than 180 days before
    exercising such waiver.

    (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
    (1) the congressional intelligence committees;
    (2) the Committee on Armed Services, the Committee on
    Foreign Relations, and the Committee on Appropriations of the
    Senate; and
    (3) the Committee on Armed Services, the Committee on
    Foreign Affairs, and the Committee on Appropriations of the
    House of Representatives.

    Subtitle B--Reporting

    SEC. 321. REPORT ON DECLASSIFICATION PROCESS.

    Not later than December 31, 2016, the Director of National
    Intelligence shall submit to Congress a report describing--
    (1) proposals to improve the declassification process
    throughout the intelligence community; and
    (2) steps the intelligence community could take, or
    legislation that may be necessary, to enable the National
    Declassification Center to better accomplish the missions
    assigned to the Center by Executive Order No. 13526 (75 Fed.
    Reg. 707).
    SEC. 322. REPORT ON INTELLIGENCE COMMUNITY EFFICIENT SPENDING
    TARGETS.

    (a) In General.--Not later than April 1, 2016, and April 1, 2017,
    the Director of National Intelligence shall submit to the congressional
    intelligence committees a report on the status and

    [[Page 4003]]

    effectiveness of efforts to reduce administrative costs for the
    intelligence community during the preceding year.
    (b) Elements.--Each report under subsection (a) shall include for
    each element of the intelligence community the following:
    (1) A description of the status and effectiveness of efforts
    to devise alternatives to government travel and promote
    efficient travel spending, such as teleconferencing and video
    conferencing.
    (2) A description of the status and effectiveness of efforts
    to limit costs related to hosting and attending conferences.
    (3) A description of the status and effectiveness of efforts
    to assess information technology inventories and usage, and
    establish controls, to reduce costs related to underutilized
    information technology equipment, software, or services.
    (4) A description of the status and effectiveness of efforts
    to limit the publication and printing of hard copy documents.
    (5) A description of the status and effectiveness of efforts
    to improve the performance of Federal fleet motor vehicles and
    limit executive transportation.
    (6) A description of the status and effectiveness of efforts
    to limit the purchase of extraneous promotional items, such as
    plaques, clothing, and commemorative items.
    (7) A description of the status and effectiveness of efforts
    to consolidate and streamline workforce training programs to
    focus on the highest priority workforce and mission needs.
    (8) Such other matters relating to efforts to reduce
    intelligence community administrative costs as the Director may
    specify for purposes of this section.
    SEC. 323. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

    (a) In General.--Title V of the National Security Act of 1947 (50
    U.S.C. 3091 et seq.) is amended by adding at the end the following:
    ``SEC. 511. <>  ANNUAL REPORT ON VIOLATIONS OF
    LAW OR EXECUTIVE ORDER.

    ``(a) Annual Reports Required.--The Director of National
    Intelligence shall annually submit to the congressional intelligence
    committees a report on violations of law or executive order relating to
    intelligence activities by personnel of an element of the intelligence
    community that were identified during the previous calendar year.
    ``(b) Elements.--Each report submitted under subsection (a) shall,
    consistent with the need to preserve ongoing criminal investigations,
    include a description of, and any action taken in response to, any
    violation of law or executive order (including Executive Order No. 12333
    (50 U.S.C. 3001 note)) relating to intelligence activities committed by
    personnel of an element of the intelligence community in the course of
    the employment of such personnel that, during the previous calendar
    year, was--
    ``(1) determined by the director, head, or general counsel
    of any element of the intelligence community to have occurred;
    ``(2) referred to the Department of Justice for possible
    criminal prosecution; or
    ``(3) substantiated by the inspector general of any element
    of the intelligence community.''.

    [[Page 4004]]

    (b) Initial Report.--The first report required under section 511 of
    the National Security Act of 1947, as added by subsection (a), shall be
    submitted not later than one year after the date of the enactment of
    this Act.
    (c) Guidelines.--Not later than 180 days after the date of the
    enactment of this Act, the Director of National Intelligence, in
    consultation with the head of each element of the intelligence
    community, shall--
    (1) issue guidelines to carry out section 511 of the
    National Security Act of 1947, as added by subsection (a); and
    (2) submit such guidelines to the congressional intelligence
    committees.

    (d) Table of Contents Amendment.--The table of sections in the first
    section of the National Security Act of 1947 is amended by adding after
    the item relating to section 510 the following new item:

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

    (e) Rule of Construction.--Nothing in this section or the amendments
    made by this section shall be construed to alter any requirement
    existing on the date of the enactment of this Act to submit a report
    under any provision of law.
    SEC. 324. <>  ANNUAL REPORT ON INTELLIGENCE
    ACTIVITIES OF THE DEPARTMENT OF HOMELAND
    SECURITY.

    (a) In General.--For each fiscal year and along with the budget
    materials submitted in support of the budget of the Department of
    Homeland Security pursuant to section 1105(a) of title 31, United States
    Code, the Under Secretary for Intelligence and Analysis of the
    Department shall submit to the congressional intelligence committees a
    report for such fiscal year on each intelligence activity of each
    intelligence component of the Department, as designated by the Under
    Secretary, that includes the following:
    (1) The amount of funding requested for each such
    intelligence activity.
    (2) The number of full-time employees funded to perform each
    such intelligence activity.
    (3) The number of full-time contractor employees (or the
    equivalent of full-time in the case of part-time contractor
    employees) funded to perform or in support of each such
    intelligence activity.
    (4) <>  A determination as to whether
    each such intelligence activity is predominantly in support of
    national intelligence or departmental missions.
    (5) The total number of analysts of the Intelligence
    Enterprise of the Department that perform--
    (A) strategic analysis; or
    (B) operational analysis.

    (b) Feasibility and Advisability Report.--Not later than 120 days
    after the date of the enactment of this Act, the Secretary of Homeland
    Security, acting through the Under Secretary for Intelligence and
    Analysis, shall submit to the congressional intelligence committees a
    report that--

    [[Page 4005]]

    (1) examines the feasibility and advisability of including
    the budget request for all intelligence activities of each
    intelligence component of the Department that predominantly
    support departmental missions, as designated by the Under
    Secretary for Intelligence and Analysis, in the Homeland
    Security Intelligence Program; and
    (2) <>  includes a plan to enhance the
    coordination of department-wide intelligence activities to
    achieve greater efficiencies in the performance of the
    Department of Homeland Security intelligence functions.

    (c) <>  Intelligence Component of the
    Department.--In this section, the term ``intelligence component of the
    Department'' has the meaning given that term in section 2 of the
    Homeland Security Act of 2002 (6 U.S.C. 101).
    SEC. 325. <>  REPORT ON POLITICAL PRISON
    CAMPS IN NORTH KOREA.

    (a) <>  In General.--The Director of National
    Intelligence, in consultation with the Secretary of State, shall submit
    to the congressional intelligence committees, the Committee on Foreign
    Relations of the Senate, and the Committee on Foreign Affairs of the
    House of Representatives a report on political prison camps in North
    Korea.

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

    (c) Form.--The report required by subsection (a) shall be submitted
    in an unclassified form and may include a classified annex if necessary.

    [[Page 4006]]

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

    (a) Assessment.--The Under Secretary of Homeland Security for
    Intelligence and Analysis shall conduct an intelligence assessment of
    the security of domestic oil refineries and related rail transportation
    infrastructure.
    (b) <>  Submission.--Not later than 180 days after
    the date of the enactment of this Act, the Under Secretary of Homeland
    Security for Intelligence and Analysis shall submit to the congressional
    intelligence committees--
    (1) the results of the assessment required under subsection
    (a); and
    (2) <>  any recommendations with
    respect to intelligence sharing or intelligence collection to
    improve the security of domestic oil refineries and related rail
    transportation infrastructure to protect the communities
    surrounding such refineries or such infrastructure from
    potential harm that the Under Secretary considers appropriate.
    SEC. 327. ENHANCED CONTRACTOR LEVEL ASSESSMENTS FOR THE
    INTELLIGENCE COMMUNITY.

    Section 506B(c) of the National Security Act of 1947 (50 U.S.C.
    3098(c)) is amended--
    (1) in paragraph (11), by striking ``or contracted'';
    (2) by redesignating paragraph (12) as paragraph (13); and
    (3) by inserting after paragraph (11) the following:
    ``(12) The best estimate of the number of intelligence
    collectors and analysts contracted by each element of the
    intelligence community and a description of the functions
    performed by such contractors.''.
    SEC. 328. ASSESSMENT OF THE EFFICACY OF MEMORANDA OF UNDERSTANDING
    TO FACILITATE INTELLIGENCE-SHARING.

    Not <>  later than 90 days after the
    date of the enactment of this Act, the Under Secretary of Homeland
    Security for Intelligence and Analysis, in consultation with the
    Director of the Federal Bureau of Investigation and the Program Manager
    of the Information Sharing Environment, shall submit to the
    congressional intelligence committees, the Committee on Homeland
    Security and Governmental Affairs of the Senate, the Committee on
    Homeland Security of the House of Representatives, the Committee on the
    Judiciary of the Senate, and the Committee on the Judiciary of the House
    of Representatives an assessment of the efficacy of the memoranda of
    understanding signed between Federal, State, local, tribal, and
    territorial agencies to facilitate intelligence-sharing within and
    separate from the Joint Terrorism Task Force. Such assessment shall
    include--
    (1) any language within such memoranda of understanding that
    prohibited or may be construed to prohibit intelligence-sharing
    between Federal, State, local, tribal, and territorial agencies;
    and
    (2) <>  any recommendations for
    memoranda of understanding to better facilitate intelligence-
    sharing between Federal, State, local, tribal, and territorial
    agencies.

    [[Page 4007]]

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

    (a) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Director of National Intelligence shall submit to the
    congressional intelligence committees, the Committee on Armed Services
    of the Senate, and the Committee on Armed Services of the House of
    Representatives a report on the threat posed by man-made electromagnetic
    pulse weapons to United States interests through 2025, including threats
    from foreign countries and foreign non-State actors.
    (b) Form.--The report required under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 330. REPORT ON UNITED STATES COUNTERTERRORISM STRATEGY TO
    DISRUPT, DISMANTLE, AND DEFEAT AL-QAEDA
    AND ITS AFFILIATED OR ASSOCIATED GROUPS.

    (a) Report.--
    (1) In general.--Not later than 180 days after the date of
    the enactment of this Act, the Director of National Intelligence
    shall submit to the appropriate committees of Congress a
    comprehensive report on the United States counterterrorism
    strategy to disrupt, dismantle, and defeat al-Qaeda and its
    affiliated or associated groups.
    (2) Coordination.--The report required by paragraph (1)
    shall be prepared in coordination with the Secretary of State,
    the Secretary of the Treasury, the Attorney General, and the
    Secretary of Defense, and the head of any other department or
    agency of the United States Government that has responsibility
    for activities directed at combating al-Qaeda and its affiliated
    or associated groups.
    (3) <>  Elements.--The report required
    by paragraph (1) shall include the following:
    (A) A definition of--
    (i) al-Qaeda core, including a list of which
    known individuals constitute al-Qaeda core;
    (ii) an affiliated group of al-Qaeda,
    including a list of which known groups constitute
    an affiliate group of al-Qaeda;
    (iii) an associated group of al-Qaeda,
    including a list of which known groups constitute
    an associated group of al-Qaeda; and
    (iv) a group aligned with al-Qaeda, including
    a description of what actions a group takes or
    statements it makes that qualify it as a group
    aligned with al-Qaeda.
    (B) <>  A list of any other group,
    including the organization that calls itself the Islamic
    State (also known as ``ISIS'' or ``ISIL''), that adheres
    to the core mission of al-Qaeda, or who espouses the
    same violent jihad ideology as al-Qaeda.
    (C) An assessment of the relationship between al-
    Qaeda core and the groups referred to in subparagraph
    (B).
    (D) An assessment of the strengthening or weakening
    of al-Qaeda and the groups referred to in subparagraph
    (B) from January 1, 2010, to the present, including a

    [[Page 4008]]

    description of the metrics that are used to assess
    strengthening or weakening and an assessment of the
    relative increase or decrease in violent attacks
    attributed to such entities.
    (E) An assessment of whether or not an individual
    can be a member of al-Qaeda core if such individual is
    not located in Afghanistan or Pakistan.
    (F) An assessment of whether or not an individual
    can be a member of al-Qaeda core as well as a member of
    a group referred to in subparagraph (B).
    (G) A definition of defeat of core al-Qaeda.
    (H) An assessment of the extent or coordination,
    command, and control between core al-Qaeda and the
    groups referred to in subparagraph (B), specifically
    addressing each such group.
    (I) An assessment of the effectiveness of
    counterterrorism operations against core al-Qaeda and
    the groups referred to in subparagraph (B), and whether
    such operations have had a sustained impact on the
    capabilities and effectiveness of core al-Qaeda and such
    groups.
    (4) Form.--The report required by paragraph (1) shall be
    submitted in unclassified form, but may include a classified
    annex.

    (b) Appropriate Committees of Congress Defined.--In this section,
    the term ``appropriate committees of Congress'' means--
    (1) the congressional intelligence committees;
    (2) the Committee on Foreign Relations and the Committee on
    Armed Services of the Senate; and
    (3) the Committee on Foreign Affairs and the Committee on
    Armed Services of the House of Representatives.
    SEC. 331. FEASIBILITY STUDY ON RETRAINING VETERANS IN
    CYBERSECURITY.

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

    Approved December 19, 2014.

    LEGISLATIVE HISTORY--H.R. 4681:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-463 (Permanent Select Comm. on Intelligence).
    CONGRESSIONAL RECORD, Vol. 160 (2014):
    May 30, considered and passed House.
    Dec. 9, considered and passed Senate, amended.
    Dec. 10, House concurred in Senate amendment.