[113th Congress Public Law 126]
[From the U.S. Government Printing Office]
[[Page 1389]]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2014
[[Page 128 STAT. 1390]]
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. <<NOTE: July 7, 2014 - [S. 1681]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Intelligence
Authorization Act for Fiscal Year 2014.>>
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 128 STAT. 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. <<NOTE: 50 USC 3003 note.>> 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 128 STAT. 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) <<NOTE: President.>> 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 128 STAT. 1393]]
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) <<NOTE: Determination.>> 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) <<NOTE: Guidelines.>> 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) <<NOTE: Deadline.>> 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 128 STAT. 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) <<NOTE: 50 USC 2013 note.>> 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 128 STAT. 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. <<NOTE: 50 USC 3034a.>> 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. <<NOTE: 50 USC 3105a.>> ANNUAL ASSESSMENT OF
INTELLIGENCE COMMUNITY PERFORMANCE BY
FUNCTION.
``(a) <<NOTE: Deadlines. Consultation. Reports.>> 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 128 STAT. 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. <<NOTE: 50 USC 3044.>> SOFTWARE LICENSING.
``(a) <<NOTE: Consultation. Deadline.>> 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 128 STAT. 1397]]
``(2) <<NOTE: Assessment.>> 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. <<NOTE: Deadline.>> --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) <<NOTE: Assessment.>> 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) <<NOTE: Records.>> 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) <<NOTE: Deadlines. 50 USC 3044 note.>> 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 128 STAT. 1398]]
``(h) <<NOTE: President. Plan.>> 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. <<NOTE: 50 USC 3108.>> 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 128 STAT. 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. <<NOTE: 14 USC 150 note.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Public information.>> make publicly
available any information declassified as a result of
the declassification review required under paragraph
(1); and
(2) <<NOTE: Reports.>> 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. <<NOTE: 50 USC 3023 note.>> 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. <<NOTE: Effective date. Notification.>> 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 128 STAT. 1400]]
``SEC. 510. <<NOTE: 50 USC 3109.>> SIGNIFICANT INTERPRETATIONS OF
LAW CONCERNING INTELLIGENCE ACTIVITIES.
``(a) <<NOTE: Deadline.>> 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) <<NOTE: President. Determination.>> 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. <<NOTE: 28 USC 521 note.>> REVIEW FOR OFFICIAL
PUBLICATION OF OPINIONS OF THE OFFICE OF
LEGAL COUNSEL OF THE DEPARTMENT OF JUSTICE
CONCERNING INTELLIGENCE ACTIVITIES.
(a) <<NOTE: Deadline.>> 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 128 STAT. 1401]]
(5) Such other factors as the Attorney General and the
Director of National Intelligence consider appropriate.
(c) <<NOTE: Applicability.>> 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) <<NOTE: President. Determination.>> 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. <<NOTE: 50 USC 3311.>> SUBMITTAL TO CONGRESS BY HEADS
OF ELEMENTS OF INTELLIGENCE COMMUNITY OF
PLANS FOR ORDERLY SHUTDOWN IN EVENT OF
ABSENCE OF APPROPRIATIONS.
(a) <<NOTE: Records.>> 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 128 STAT. 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. <<NOTE: 50 USC 3330.>> 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) <<NOTE: Consultation. Criteria.>> 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 128 STAT. 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 128 STAT. 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. <<NOTE: Procedures.>> --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. <<NOTE: Assessment.>> 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 128 STAT. 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. <<NOTE: 50 USC 3349.>> 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 128 STAT. 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) <<NOTE: Reports.>> 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 128 STAT. 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 128 STAT. 1408]]
``(2) <<NOTE: Appointment. President.>> 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) <<NOTE: 50 USC 3602 note.>> 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. <<NOTE: 5 USC app. 8G note.>> 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) <<NOTE: President.>> 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 128 STAT. 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. <<NOTE: 50 USC 3041a.>> 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) <<NOTE: 50 USC 3041a note.>> 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), <<NOTE: 5 USC app.>> as amended by
section 402, is further amended by striking ``the National
Reconnaissance Office,''; and
(2) in section 12, <<NOTE: 5 USC app.>> 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 128 STAT. 1410]]
(B) in paragraph (2), by inserting ``or the National
Reconnaissance Office,'' before ``as the case may be;''.
SEC. 413. <<NOTE: 5 USC app. 8G note.>> 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) <<NOTE: President.>> 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 128 STAT. 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) <<NOTE: Definition.>> 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 128 STAT. 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) <<NOTE: 50 USC 3024 note.>> 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) <<NOTE: Consultation. Analysis.>> 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) <<NOTE: Evaluation.>> 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 128 STAT. 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 128 STAT. 1414]]
SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION PROCESS.
(a) <<NOTE: Deadlines. Consultation. Strategic plan.>> 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. <<NOTE: 50 USC 3234.>> 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 128 STAT. 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 128 STAT. 1416]]
``(c) <<NOTE: President.>> 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) <<NOTE: Deadline. Procedures.>> 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) <<NOTE: Reports. Deadline. Extension. 50 USC 3341
note.>> 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 128 STAT. 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 128 STAT. 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) <<NOTE: Deadline. Time period.>> 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 128 STAT. 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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: 50 USC 3341 note.>> 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) <<NOTE: 50 USC 3341 note.>> 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 128 STAT. 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) <<NOTE: Determination.>> 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. <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Applicability.>> 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 128 STAT. 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. <<NOTE: 50 USC 3234 note.>> 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) <<NOTE: Consultation.>> 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 128 STAT. 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) <<NOTE: Deadline. Notification.>> 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 <<NOTE: 50 USC 3126.>> (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 128 STAT. 1423]]
(b) <<NOTE: 50 USC 3126 note.>> 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.
<all>
