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

    Public Law 113-126
    113th Congress

    An Act

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

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

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

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

    TITLE I--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.

    [[Page 1391]]

    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)).

    [[Page 1392]]

    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.--
    (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.

    [[Page 1393]]

    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

    [[Page 1394]]

    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

    [[Page 1395]]

    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

    [[Page 1396]]

    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.
    ``(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;

    [[Page 1397]]

    ``(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:

    [[Page 1398]]

    ``(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

    [[Page 1399]]

    (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 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:

    [[Page 1400]]

    ``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.

    [[Page 1401]]

    (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.

    [[Page 1402]]

    (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.--

    [[Page 1403]]

    (1) Rapid reporting.--The procedures established pursuant to
    subsection (a) shall require each cleared intelligence
    contractor to rapidly report to an element of the intelligence
    community designated pursuant to subsection (a) of each
    successful penetration of the network or information systems of
    such contractor that meet the criteria established pursuant to
    subsection (b). Each such report shall include the following:
    (A) A description of the technique or method used in
    such penetration.
    (B) A sample of the malicious software, if
    discovered and isolated by the contractor, involved in
    such penetration.
    (C) A summary of information created by or for such
    element in connection with any program of such element
    that has been potentially compromised due to such
    penetration.
    (2) Access to equipment and information by intelligence
    community personnel.--The procedures established pursuant to
    subsection (a) shall--
    (A) include mechanisms for intelligence community
    personnel to, upon request, obtain access to equipment
    or information of a cleared intelligence contractor
    necessary to conduct forensic analysis in addition to
    any analysis conducted by such contractor;
    (B) provide that a cleared intelligence contractor
    is only required to provide access to equipment or
    information as described in subparagraph (A) to
    determine whether information created by or for an
    element of the intelligence community in connection with
    any intelligence community program was successfully
    exfiltrated from a network or information system of such
    contractor and, if so, what information was exfiltrated;
    and
    (C) provide for the reasonable protection of trade
    secrets, commercial or financial information, and
    information that can be used to identify a specific
    person (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).

    [[Page 1404]]

    (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.

    [[Page 1405]]

    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

    [[Page 1406]]

    (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 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)--

    [[Page 1407]]

    (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.

    [[Page 1408]]

    ``(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

    [[Page 1409]]

    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

    [[Page 1410]]

    (B) in paragraph (2), by inserting ``or the National
    Reconnaissance Office,'' before ``as the case may be;''.
    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),'';

    [[Page 1411]]

    (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.''.

    [[Page 1412]]

    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

    [[Page 1413]]

    such databases and information sources, to enable electronic
    access and processing;
    (3) the use of government-developed and commercial
    technology for continuous monitoring and evaluation of
    government and commercial data sources that can identify and
    flag information pertinent to adjudication guidelines and
    eligibility determinations;
    (4) the standardization of forms used for routine reporting
    required of cleared personnel (such as travel, foreign contacts,
    and financial disclosures) and use of continuous monitoring
    technology to access databases containing such reportable
    information to independently obtain and analyze reportable data
    and events;
    (5) the establishment of an authoritative central repository
    of personnel security information that is accessible
    electronically at multiple levels of classification and
    eliminates technical barriers to rapid access to information
    necessary for eligibility determinations and reciprocal
    recognition thereof;
    (6) using digitally processed fingerprints, as a substitute
    for ink or paper prints, to reduce error rates and improve
    portability of data;
    (7) expanding the use of technology to improve an
    applicant's ability to discover the status of a pending security
    clearance application or reinvestigation; and
    (8) using government and publicly available commercial data
    sources, including social media, that provide independent
    information pertinent to adjudication guidelines to improve
    quality and timeliness, and reduce costs, of investigations and
    reinvestigations.

    (c) Report to Congress.--Not later than 6 months after the date of
    the enactment of this Act, the Director of National Intelligence shall
    submit to the appropriate committees of Congress a report on the
    analysis required by subsection (a).
    SEC. 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.

    [[Page 1414]]

    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

    [[Page 1415]]

    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.

    [[Page 1416]]

    ``(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

    [[Page 1417]]

    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. 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

    [[Page 1418]]

    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

    [[Page 1419]]

    (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

    [[Page 1420]]

    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 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.''.

    [[Page 1421]]

    (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

    [[Page 1422]]

    (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''.

    [[Page 1423]]

    (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).

    Approved July 7, 2014.

    LEGISLATIVE HISTORY--S. 1681:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 113-120 (Select Comm. on Intelligence).
    CONGRESSIONAL RECORD, Vol. 160 (2014):
    June 11, considered and passed Senate.
    June 24, considered and passed House.