[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 1681 Engrossed in Senate (ES)]
113th CONGRESS
2d Session
S. 1681
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2014 for intelligence and
intelligence-related activities of the United States Government and the
Office of the Director of National Intelligence, the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. CIARDS and FERS special retirement credit for service on
detail to another agency.
TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Specific authorization of funding for High Performance
Computing Center 2.
Sec. 304. Clarification of exemption from Freedom of Information Act of
identities of employees submitting
complaints to the Inspector General of the
Intelligence Community.
Sec. 305. Functional managers for the intelligence community.
Sec. 306. Annual assessment of intelligence community performance by
function.
Sec. 307. Software licensing.
Sec. 308. Plans to respond to unauthorized public disclosures of covert
actions.
Sec. 309. Auditability.
Sec. 310. Reports of fraud, waste, and abuse.
Sec. 311. Public Interest Declassification Board.
Sec. 312. Official representation items in support of the Coast Guard
Attache Program.
Sec. 313. Declassification review of certain items collected during the
mission that killed Osama bin Laden on May
1, 2011.
Sec. 314. Merger of the Foreign Counterintelligence Program and the
General Defense Intelligence Program.
Subtitle B--Reporting
Sec. 321. Significant interpretations of law concerning intelligence
activities.
Sec. 322. Review for official publication of opinions of the Office of
Legal Counsel of the Department of Justice
concerning intelligence activities.
Sec. 323. Submittal to Congress by heads of elements of intelligence
community of plans for orderly shutdown in
event of absence of appropriations.
Sec. 324. Reports on chemical weapons in Syria.
Sec. 325. Reports to the intelligence community on penetrations of
networks and information systems of certain
contractors.
Sec. 326. Report on electronic waste.
Sec. 327. Promoting STEM education to meet the future workforce needs
of the intelligence community.
Sec. 328. Repeal of the termination of notification requirements
regarding the authorized disclosure of
national intelligence.
Sec. 329. Repeal or modification of certain reporting requirements.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--National Security Agency
Sec. 401. Appointment of the Director of the National Security Agency.
Sec. 402. Appointment of the Inspector General of the National Security
Agency.
Sec. 403. Effective date and applicability.
Subtitle B--National Reconnaissance Office
Sec. 411. Appointment of the Director of the National Reconnaissance
Office.
Sec. 412. Appointment of the Inspector General of the National
Reconnaissance Office.
Sec. 413. Effective date and applicability.
Subtitle C--Central Intelligence Agency
Sec. 421. Gifts, devises, and bequests.
TITLE V--SECURITY CLEARANCE REFORM
Sec. 501. Continuous evaluation and sharing of derogatory information
regarding personnel with access to
classified information.
Sec. 502. Requirements for intelligence community contractors.
Sec. 503. Technology improvements to security clearance processing.
Sec. 504. Report on reciprocity of security clearances.
Sec. 505. Improving the periodic reinvestigation process.
Sec. 506. Appropriate committees of Congress defined.
TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS
Sec. 601. Protection of intelligence community whistleblowers.
Sec. 602. Review of security clearance or access determinations.
Sec. 603. Revisions of other laws.
Sec. 604. Policies and procedures; nonapplicability to certain
terminations.
TITLE VII--TECHNICAL AMENDMENTS
Sec. 701. Technical amendments to the Central Intelligence Agency Act
of 1949.
Sec. 702. Technical amendments to the National Security Act of 1947
relating to the past elimination of certain
positions.
Sec. 703. Technical amendments to the Intelligence Authorization Act
for Fiscal Year 2013.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2014
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel ceilings as of September 30, 2014, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany the bill S.
1681 of the One Hundred Thirteenth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize employment of civilian personnel in excess of the number
authorized for fiscal year 2014 by the classified Schedule of
Authorizations referred to in section 102(a) if the Director of
National Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that the number
of personnel employed in excess of the number authorized under such
section may not, for any element of the intelligence community, exceed
3 percent of the number of civilian personnel authorized under such
Schedule for such element.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2014 the sum of
$528,229,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2015.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 855 positions as of September 30, 2014.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2014 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September
30, 2015.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2014, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2014 the sum of
$514,000,000.
SEC. 202. CIARDS AND FERS SPECIAL RETIREMENT CREDIT FOR SERVICE ON
DETAIL TO ANOTHER AGENCY.
(a) In General.--Section 203(b) of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2013(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``service in the Agency performed'' and inserting ``service
performed by an Agency employee''; and
(2) in paragraph (1), by striking ``Agency activities'' and
inserting ``intelligence activities''.
(b) Application.--The amendment made by subsection (a) shall be
applied to retired or deceased officers of the Central Intelligence
Agency who were designated at any time under section 203 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2013) prior to the date
of the enactment of this Act.
TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. SPECIFIC AUTHORIZATION OF FUNDING FOR HIGH PERFORMANCE
COMPUTING CENTER 2.
Funds appropriated for the construction of the High Performance
Computing Center 2 (HPCC 2), as described in the table entitled
Consolidated Cryptologic Program (CCP) in the classified annex to
accompany the Consolidated and Further Continuing Appropriations Act,
2013 (Public Law 113-6; 127 Stat. 198), in excess of the amount
specified for such activity in the tables in the classified annex
prepared to accompany the Intelligence Authorization Act for Fiscal
Year 2013 (Public Law 112-277; 126 Stat. 2468) shall be specifically
authorized by Congress for the purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 3094).
SEC. 304. CLARIFICATION OF EXEMPTION FROM FREEDOM OF INFORMATION ACT OF
IDENTITIES OF EMPLOYEES SUBMITTING COMPLAINTS TO THE
INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
Section 103H(g)(3)(A) of the National Security Act of 1947 (50
U.S.C. 3033(g)(3)(A)) is amended by striking ``undertaken;'' and
inserting ``undertaken, and this provision shall qualify as a
withholding statute pursuant to subsection (b)(3) of section 552 of
title 5, United States Code (commonly known as the `Freedom of
Information Act');''.
SEC. 305. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY.
(a) Functional Managers Authorized.--Title I of the National
Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by inserting
after section 103I the following new section:
``SEC. 103J. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY.
``(a) Functional Managers Authorized.--The Director of National
Intelligence may establish within the intelligence community one or
more positions of manager of an intelligence function. Any position so
established may be known as the `Functional Manager' of the
intelligence function concerned.
``(b) Personnel.--The Director shall designate individuals to serve
as manager of intelligence functions established under subsection (a)
from among officers and employees of elements of the intelligence
community.
``(c) Duties.--Each manager of an intelligence function established
under subsection (a) shall have the duties as follows:
``(1) To act as principal advisor to the Director on the
intelligence function.
``(2) To carry out such other responsibilities with respect
to the intelligence function as the Director may specify for
purposes of this section.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 103I the following new
item:
``Sec. 103J. Functional managers for the intelligence community.''.
SEC. 306. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY PERFORMANCE BY
FUNCTION.
(a) Annual Assessments Required.--Title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) is amended by inserting after
section 506I the following new section:
``SEC. 506J. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY PERFORMANCE BY
FUNCTION.
``(a) In General.--Not later than April 1, 2016, and each year
thereafter, the Director of National Intelligence shall, in
consultation with the Functional Managers, submit to the congressional
intelligence committees a report on covered intelligence functions
during the preceding year.
``(b) Elements.--Each report under subsection (a) shall include for
each covered intelligence function for the year covered by such report
the following:
``(1) An identification of the capabilities, programs, and
activities of such intelligence function, regardless of the
element of the intelligence community that carried out such
capabilities, programs, and activities.
``(2) A description of the investment and allocation of
resources for such intelligence function, including an analysis
of the allocation of resources within the context of the
National Intelligence Strategy, priorities for recipients of
resources, and areas of risk.
``(3) A description and assessment of the performance of
such intelligence function.
``(4) An identification of any issues related to the
application of technical interoperability standards in the
capabilities, programs, and activities of such intelligence
function.
``(5) An identification of the operational overlap or need
for de-confliction, if any, within such intelligence function.
``(6) A description of any efforts to integrate such
intelligence function with other intelligence disciplines as
part of an integrated intelligence enterprise.
``(7) A description of any efforts to establish consistency
in tradecraft and training within such intelligence function.
``(8) A description and assessment of developments in
technology that bear on the future of such intelligence
function.
``(9) Such other matters relating to such intelligence
function as the Director may specify for purposes of this
section.
``(c) Definitions.--In this section:
``(1) The term `covered intelligence functions' means each
intelligence function for which a Functional Manager has been
established under section 103J during the year covered by a
report under this section.
``(2) The term `Functional Manager' means the manager of an
intelligence function established under section 103J.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 506I the following new
item:
``Sec. 506J. Annual assessment of intelligence community performance by
function.''.
SEC. 307. SOFTWARE LICENSING.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by inserting after section 108 the
following new section:
``SEC. 109. SOFTWARE LICENSING.
``(a) Requirement for Inventories of Software Licenses.--The chief
information officer of each element of the intelligence community, in
consultation with the Chief Information Officer of the Intelligence
Community, shall biennially--
``(1) conduct an inventory of all existing software
licenses of such element, including utilized and unutilized
licenses;
``(2) assess the actions that could be carried out by such
element to achieve the greatest possible economies of scale and
associated cost savings in software procurement and usage; and
``(3) submit to the Chief Information Officer of the
Intelligence Community each inventory required by paragraph (1)
and each assessment required by paragraph (2).
``(b) Inventories by the Chief Information Officer of the
Intelligence Community.--The Chief Information Officer of the
Intelligence Community, based on the inventories and assessments
required by subsection (a), shall biennially--
``(1) compile an inventory of all existing software
licenses of the intelligence community, including utilized and
unutilized licenses; and
``(2) assess the actions that could be carried out by the
intelligence community to achieve the greatest possible
economies of scale and associated cost savings in software
procurement and usage.
``(c) Reports to Congress.--The Chief Information Officer of the
Intelligence Community shall submit to the congressional intelligence
committees a copy of each inventory compiled under subsection
(b)(1).''.
(b) Initial Inventory.--
(1) Intelligence community elements.--
(A) Date.--Not later than 120 days after the date
of the enactment of this Act, the chief information
officer of each element of the intelligence community
shall complete the initial inventory, assessment, and
submission required under section 109(a) of the
National Security Act of 1947, as added by subsection
(a) of this section.
(B) Basis.--The initial inventory conducted for
each element of the intelligence community under
section 109(a)(1) of the National Security Act of 1947,
as added by subsection (a) of this section, shall be
based on the inventory of software licenses conducted
pursuant to section 305 of the Intelligence
Authorization Act for Fiscal Year 2013 (Public Law 112-
277; 126 Stat. 2472) for such element.
(2) Chief information officer of the intelligence
community.--Not later than 180 days after the date of the
enactment of this Act, the Chief Information Officer of the
Intelligence Community shall complete the initial compilation
and assessment required under section 109(b) of the National
Security Act of 1947, as added by subsection (a).
(c) Table of Contents Amendments.--The table of contents in the
first section of the National Security Act of 1947 is amended--
(1) by striking the second item relating to section 104
(relating to Annual national security strategy report); and
(2) inserting after the item relating to section 108 the
following new item:
``Sec. 109. Software licensing.''.
SEC. 308. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC DISCLOSURES OF COVERT
ACTIONS.
Section 503 of the National Security Act of 1947 (50 U.S.C. 3093)
is amended by adding at the end the following new subsection:
``(h) For each type of activity undertaken as part of a covert
action, the President shall establish in writing a plan to respond to
the unauthorized public disclosure of that type of activity.''.
SEC. 309. AUDITABILITY.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) is amended by adding at the end the following new
section:
``SEC. 509. AUDITABILITY OF CERTAIN ELEMENTS OF THE INTELLIGENCE
COMMUNITY.
``(a) Requirement for Annual Audits.--The head of each covered
entity shall ensure that there is a full financial audit of such
covered entity each year beginning with fiscal year 2014. Such audits
may be conducted by an internal or external independent accounting or
auditing organization.
``(b) Requirement for Unqualified Opinion.--Beginning as early as
practicable, but in no event later than the audit required under
subsection (a) for fiscal year 2016, the head of each covered entity
shall take all reasonable steps necessary to ensure that each audit
required under subsection (a) contains an unqualified opinion on the
financial statements of such covered entity for the fiscal year covered
by such audit.
``(c) Reports to Congress.--The chief financial officer of each
covered entity shall provide to the congressional intelligence
committees an annual audit report from an accounting or auditing
organization on each audit of the covered entity conducted pursuant to
subsection (a).
``(d) Covered Entity Defined.--In this section, the term `covered
entity' means the Office of the Director of National Intelligence, the
Central Intelligence Agency, the Defense Intelligence Agency, the
National Security Agency, the National Reconnaissance Office, and the
National Geospatial-Intelligence Agency.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 508 the following new
item:
``Sec. 509. Auditability of certain elements of the intelligence
community.''.
SEC. 310. REPORTS OF FRAUD, WASTE, AND ABUSE.
Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended in paragraph (1)--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(2) by inserting after subparagraph (A) the following:
``(B) An employee of an element of the intelligence community, an
employee assigned or detailed to an element of the intelligence
community, or an employee of a contractor to the intelligence
community, who intends to report to Congress a complaint or information
with respect to an urgent concern may report such complaint or
information to the Inspector General of the Intelligence Community.'';
and
(3) in subparagraph (D), as redesignated by paragraph (1)--
(A) by striking ``Act or section 17'' and inserting
``Act, section 17''; and
(B) by striking the period at the end and inserting
``, or section 103H(k) of the National Security Act of
1947 (50 U.S.C. 3033(k)).''.
SEC. 311. PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act of 2000
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking
``2014.'' and inserting ``2018.''.
SEC. 312. OFFICIAL REPRESENTATION ITEMS IN SUPPORT OF THE COAST GUARD
ATTACHE PROGRAM.
Notwithstanding any other limitation on the amount of funds that
may be used for official representation items, the Secretary of
Homeland Security may use funds made available to the Secretary through
the National Intelligence Program for necessary expenses for
intelligence analysis and operations coordination activities for
official representation items in support of the Coast Guard Attache
Program.
SEC. 313. DECLASSIFICATION REVIEW OF CERTAIN ITEMS COLLECTED DURING THE
MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011.
Not later than 120 days after the date of the enactment of this
Act, the Director of National Intelligence shall--
(1) in the manner described in the classified annex to this
Act--
(A) complete a declassification review of documents
collected in Abbottabad, Pakistan, during the mission
that killed Osama bin Laden on May 1, 2011; and
(B) make publicly available any information
declassified as a result of the declassification review
required under paragraph (1); and
(2) report to the congressional intelligence committees--
(A) the results of the declassification review
required under paragraph (1); and
(B) a justification for not declassifying any
information required to be included in such
declassification review that remains classified.
SEC. 314. MERGER OF THE FOREIGN COUNTERINTELLIGENCE PROGRAM AND THE
GENERAL DEFENSE INTELLIGENCE PROGRAM.
Notwithstanding any other provision of law, the Director of
National Intelligence shall carry out the merger of the Foreign
Counterintelligence Program into the General Defense Intelligence
Program as directed in the classified annex to this Act. The merger
shall go into effect no earlier than 30 days after written notification
of the merger is provided to the congressional intelligence committees.
Subtitle B--Reporting
SEC. 321. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING INTELLIGENCE
ACTIVITIES.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 3021 et seq.), as added by section 309 of this Act, is further
amended by adding at the end the following new section:
``SEC. 510. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING INTELLIGENCE
ACTIVITIES.
``(a) Notification.--Except as provided in subsection (c) and to
the extent consistent with due regard for the protection from
unauthorized disclosure of classified information relating to sensitive
intelligence sources and methods or other exceptionally sensitive
matters, the General Counsel of each element of the intelligence
community shall notify the congressional intelligence committees, in
writing, of any significant legal interpretation of the United States
Constitution or Federal law affecting intelligence activities conducted
by such element by not later than 30 days after the date of the
commencement of any intelligence activity pursuant to such
interpretation.
``(b) Content.--Each notification under subsection (a) shall
provide a summary of the significant legal interpretation and the
intelligence activity or activities conducted pursuant to such
interpretation.
``(c) Exceptions.--A notification under subsection (a) shall not be
required for a significant legal interpretation if--
``(1) notice of the significant legal interpretation was
previously provided to the congressional intelligence
committees under subsection (a); or
``(2) the significant legal interpretation was made before
the date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2014.
``(d) Limited Access for Covert Action.--If the President
determines that it is essential to limit access to a covert action
finding under section 503(c)(2), the President may limit access to
information concerning such finding that is subject to notification
under this section to those members of Congress who have been granted
access to the relevant finding under section 503(c)(2).''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 509, as so added, the
following new item:
``Sec. 510. Significant interpretations of law concerning intelligence
activities.''.
SEC. 322. REVIEW FOR OFFICIAL PUBLICATION OF OPINIONS OF THE OFFICE OF
LEGAL COUNSEL OF THE DEPARTMENT OF JUSTICE CONCERNING
INTELLIGENCE ACTIVITIES.
(a) Process for Review for Official Publication.--Not later than
180 days after the date of the enactment of this Act, the Attorney
General shall, in coordination with the Director of National
Intelligence, establish a process for the regular review for official
publication of significant opinions of the Office of Legal Counsel of
the Department of Justice that have been provided to an element of the
intelligence community.
(b) Factors.--The process of review of opinions established under
subsection (a) shall include consideration of the following:
(1) The potential importance of an opinion to other
agencies or officials in the Executive branch.
(2) The likelihood that similar questions addressed in an
opinion may arise in the future.
(3) The historical importance of an opinion or the context
in which it arose.
(4) The potential significance of an opinion to the overall
jurisprudence of the Office of Legal Counsel.
(5) Such other factors as the Attorney General and the
Director of National Intelligence consider appropriate.
(c) Presumption.--The process of review established under
subsection (a) shall apply a presumption that significant opinions of
the Office of Legal Counsel should be published when practicable,
consistent with national security and other confidentiality
considerations.
(d) Construction.--Nothing in this section shall require the
official publication of any opinion of the Office of Legal Counsel,
including publication under any circumstance as follows:
(1) When publication would reveal classified or other
sensitive information relating to national security.
(2) When publication could reasonably be anticipated to
interfere with Federal law enforcement efforts or is prohibited
by law.
(3) When publication would conflict with preserving
internal Executive branch deliberative processes or protecting
other information properly subject to privilege.
(e) Requirement To Provide Classified Opinions to Congress.--
(1) In general.--Any opinion of the Office of Legal Counsel
that would have been selected for publication under the process
of review established under subsection (a) but for the fact
that publication would reveal classified or other sensitive
information relating to national security shall be provided or
made available to the appropriate committees of Congress.
(2) Exception for covert action.--If the President
determines that it is essential to limit access to a covert
action finding under section 503(c)(2) of the National Security
Act of 1947 (50 U.S.C. 3093(c)(2)), the President may limit
access to information concerning such finding that would
otherwise be provided or made available under this subsection
to those members of Congress who have been granted access to
such finding under such section 503(c)(2).
(f) Judicial Review.--The determination whether an opinion of the
Office of Legal Counsel is appropriate for official publication under
the process of review established under subsection (a) is discretionary
and is not subject to judicial review.
SEC. 323. SUBMITTAL TO CONGRESS BY HEADS OF ELEMENTS OF INTELLIGENCE
COMMUNITY OF PLANS FOR ORDERLY SHUTDOWN IN EVENT OF
ABSENCE OF APPROPRIATIONS.
(a) In General.--Whenever the head of an applicable agency submits
a plan to the Director of the Office of Management and Budget in
accordance with section 124 of Office of Management and Budget Circular
A-11, pertaining to agency operations in the absence of appropriations,
or any successor circular of the Office that requires the head of an
applicable agency to submit to the Director a plan for an orderly
shutdown in the event of the absence of appropriations, such head shall
submit a copy of such plan to the following:
(1) The congressional intelligence committees.
(2) The Subcommittee on Defense of the Committee on
Appropriations of the Senate.
(3) The Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(4) In the case of a plan for an element of the
intelligence community that is within the Department of
Defense, to--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(b) Head of an Applicable Agency Defined.--In this section, the
term ``head of an applicable agency'' includes the following:
(1) The Director of National Intelligence.
(2) The Director of the Central Intelligence Agency.
(3) Each head of each element of the intelligence community
that is within the Department of Defense.
SEC. 324. REPORTS ON CHEMICAL WEAPONS IN SYRIA.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report on the Syrian chemical weapons program.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A comprehensive assessment of chemical weapon
stockpiles in Syria, including names, types, and quantities of
chemical weapons agents, types of munitions, and location and
form of storage, production, and research and development
facilities.
(2) A listing of key personnel associated with the Syrian
chemical weapons program.
(3) An assessment of undeclared chemical weapons
stockpiles, munitions, and facilities.
(4) An assessment of how these stockpiles, precursors, and
delivery systems were obtained.
(5) A description of key intelligence gaps related to the
Syrian chemical weapons program.
(6) An assessment of any denial and deception efforts on
the part of the Syrian regime related to its chemical weapons
program.
(c) Progress Reports.--Every 90 days until the date that is 18
months after the date of the enactment of this Act, the Director of
National Intelligence shall submit to Congress a progress report
providing any material updates to the report required under subsection
(a).
SEC. 325. REPORTS TO THE INTELLIGENCE COMMUNITY ON PENETRATIONS OF
NETWORKS AND INFORMATION SYSTEMS OF CERTAIN CONTRACTORS.
(a) Procedures for Reporting Penetrations.--The Director of
National Intelligence shall establish procedures that require each
cleared intelligence contractor to report to an element of the
intelligence community designated by the Director for purposes of such
procedures when a network or information system of such contractor that
meets the criteria established pursuant to subsection (b) is
successfully penetrated.
(b) Networks and Information Systems Subject to Reporting.--The
Director of National Intelligence shall, in consultation with
appropriate officials, establish criteria for covered networks to be
subject to the procedures for reporting system penetrations under
subsection (a).
(c) Procedure Requirements.--
(1) Rapid reporting.--The procedures established pursuant
to subsection (a) shall require each cleared intelligence
contractor to rapidly report to an element of the intelligence
community designated pursuant to subsection (a) of each
successful penetration of the network or information systems of
such contractor that meet the criteria established pursuant to
subsection (b). Each such report shall include the following:
(A) A description of the technique or method used
in such penetration.
(B) A sample of the malicious software, if
discovered and isolated by the contractor, involved in
such penetration.
(C) A summary of information created by or for such
element in connection with any program of such element
that has been potentially compromised due to such
penetration.
(2) Access to equipment and information by intelligence
community personnel.--The procedures established pursuant to
subsection (a) shall--
(A) include mechanisms for intelligence community
personnel to, upon request, obtain access to equipment
or information of a cleared intelligence contractor
necessary to conduct forensic analysis in addition to
any analysis conducted by such contractor;
(B) provide that a cleared intelligence contractor
is only required to provide access to equipment or
information as described in subparagraph (A) to
determine whether information created by or for an
element of the intelligence community in connection
with any intelligence community program was
successfully exfiltrated from a network or information
system of such contractor and, if so, what information
was exfiltrated; and
(C) provide for the reasonable protection of trade
secrets, commercial or financial information, and
information that can be used to identify a specific
person (other than the name of the suspected
perpetrator of the penetration).
(3) Limitation on dissemination of certain information.--
The procedures established pursuant to subsection (a) shall
prohibit the dissemination outside the intelligence community
of information obtained or derived through such procedures that
is not created by or for the intelligence community except--
(A) with the approval of the contractor providing
such information;
(B) to the congressional intelligence committees or
the Subcommittees on Defense of the Committees on
Appropriations of the House of Representatives and the
Senate for such committees and such Subcommittees to
perform oversight; or
(C) to law enforcement agencies to investigate a
penetration reported under this section.
(d) Issuance of Procedures and Establishment of Criteria.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall establish the procedures required under
subsection (a) and the criteria required under subsection (b).
(2) Applicability date.--The requirements of this section
shall apply on the date on which the Director of National
Intelligence establishes the procedures required under this
section.
(e) Coordination With the Secretary of Defense To Prevent Duplicate
Reporting.--Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence and the Secretary of
Defense shall establish procedures to permit a contractor that is a
cleared intelligence contractor and a cleared defense contractor under
section 941 of the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 10 U.S.C. 2224 note) to submit a single
report that satisfies the requirements of this section and such section
941 for an incident of penetration of network or information system.
(f) Definitions.--In this section:
(1) Cleared intelligence contractor.--The term ``cleared
intelligence contractor'' means a private entity granted
clearance by the Director of National Intelligence or the head
of an element of the intelligence community to access, receive,
or store classified information for the purpose of bidding for
a contract or conducting activities in support of any program
of an element of the intelligence community.
(2) Covered network.--The term ``covered network'' means a
network or information system of a cleared intelligence
contractor that contains or processes information created by or
for an element of the intelligence community with respect to
which such contractor is required to apply enhanced protection.
(g) Savings Clauses.--Nothing in this section shall be construed to
alter or limit any otherwise authorized access by government personnel
to networks or information systems owned or operated by a contractor
that processes or stores government data.
SEC. 326. REPORT ON ELECTRONIC WASTE.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the extent to which
the intelligence community has implemented the recommendations of the
Inspector General of the Intelligence Community contained in the report
entitled ``Study of Intelligence Community Electronic Waste Disposal
Practices'' issued in May 2013. Such report shall include an assessment
of the extent to which the policies, standards, and guidelines of the
intelligence community governing the proper disposal of electronic
waste are applicable to covered commercial electronic waste that may
contain classified information.
(b) Definitions.--In this section:
(1) Covered commercial electronic waste.--The term
``covered commercial electronic waste'' means electronic waste
of a commercial entity that contracts with an element of the
intelligence community.
(2) Electronic waste.--The term ``electronic waste''
includes any obsolete, broken, or irreparable electronic
device, including a television, copier, facsimile machine,
tablet, telephone, computer, computer monitor, laptop, printer,
scanner, and associated electrical wiring.
SEC. 327. PROMOTING STEM EDUCATION TO MEET THE FUTURE WORKFORCE NEEDS
OF THE INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the Secretary of Education and the congressional intelligence
committees a report describing the anticipated hiring needs of the
intelligence community in the fields of science, technology,
engineering, and mathematics, including cybersecurity and computer
literacy. The report shall--
(1) describe the extent to which competitions, challenges,
or internships at elements of the intelligence community that
do not involve access to classified information may be utilized
to promote education in the fields of science, technology,
engineering, and mathematics, including cybersecurity and
computer literacy, within high schools or institutions of
higher education in the United States;
(2) include cost estimates for carrying out such
competitions, challenges, or internships; and
(3) include strategies for conducting expedited security
clearance investigations and adjudications for students at
institutions of higher education for purposes of offering
internships at elements of the intelligence community.
(b) Consideration of Existing Programs.--In developing the report
under subsection (a), the Director shall take into consideration
existing programs of the intelligence community, including the
education programs of the National Security Agency and the Information
Assurance Scholarship Program of the Department of Defense, as
appropriate.
(c) Definitions.--In this section:
(1) High school.--The term ``high school'' mean a school
that awards a secondary school diploma.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 328. REPEAL OF THE TERMINATION OF NOTIFICATION REQUIREMENTS
REGARDING THE AUTHORIZED DISCLOSURE OF NATIONAL
INTELLIGENCE.
Section 504 of the Intelligence Authorization Act for Fiscal Year
2013 (Public Law 112-277; 126 Stat. 2477) is amended by striking
subsection (e).
SEC. 329. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Repeal of Reporting Requirements.--
(1) Threat of attack on the united states using weapons of
mass destruction.--Section 114 of the National Security Act of
1947 (50 U.S.C. 3050) is amended by striking subsection (b).
(2) Treaty on conventional armed forces in europe.--Section
2(5)(E) of the Senate resolution advising and consenting to
ratification of the Document Agreed Among the States Parties to
the Treaty on Conventional Armed Forces in Europe (CFE) of
November 19, 1990, adopted at Vienna May 31, 1996 (Treaty Doc.
105-5) (commonly referred to as the ``CFE Flank Document''),
105th Congress, agreed to May 14, 1997, is repealed.
(b) Modification of Reporting Requirements.--
(1) Intelligence advisory committees.--Section 410(b) of
the Intelligence Authorization Act for Fiscal Year 2010 (50
U.S.C. 3309) is amended to read as follows:
``(b) Notification of Establishment of Advisory Committee.--The
Director of National Intelligence and the Director of the Central
Intelligence Agency shall each notify the congressional intelligence
committees each time each such Director creates an advisory committee.
Each notification shall include--
``(1) a description of such advisory committee, including
the subject matter of such committee;
``(2) a list of members of such advisory committee; and
``(3) in the case of an advisory committee created by the
Director of National Intelligence, the reasons for a
determination by the Director under section 4(b)(3) of the
Federal Advisory Committee Act (5 U.S.C. App.) that an advisory
committee cannot comply with the requirements of such Act.''.
(2) Intelligence information sharing.--Section 102A(g)(4)
of the National Security Act of 1947 (50 U.S.C. 3024(g)(4)) is
amended to read as follows:
``(4) The Director of National Intelligence shall, in a timely
manner, report to Congress any statute, regulation, policy, or practice
that the Director believes impedes the ability of the Director to fully
and effectively ensure maximum availability of access to intelligence
information within the intelligence community consistent with the
protection of the national security of the United States.''.
(3) Intelligence community business system
transformation.--Section 506D(j) of the National Security Act
of 1947 (50 U.S.C. 3100(j)) is amended in the matter preceding
paragraph (1) by striking ``2015'' and inserting ``2014''.
(4) Activities of privacy and civil liberties officers.--
Section 1062(f)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended in
the matter preceding subparagraph (A) by striking ``quarterly''
and inserting ``semiannually''.
(c) Conforming Amendments.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended--
(1) in the table of contents in the first section, by
striking the item relating to section 114 and inserting the
following new item:
``Sec. 114. Annual report on hiring and retention of minority
employees.'';
(2) in section 114 (50 U.S.C. 3050)--
(A) by amending the heading to read as follows:
``annual report on hiring and retention of minority
employees'';
(B) by striking ``(a) Annual Report on Hiring and
Retention of Minority Employees.--'';
(C) by redesignating paragraphs (1) through (5) as
subsections (a) through (e), respectively;
(D) in subsection (b) (as so redesignated)--
(i) by redesignating subparagraphs (A)
through (C) as paragraphs (1) through (3),
respectively; and
(ii) in paragraph (2) (as so
redesignated)--
(I) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(II) in the matter preceding
subparagraph (A) (as so redesignated),
by striking ``clauses (i) and (ii)''
and inserting ``subparagraphs (A) and
(B)'';
(E) in subsection (d) (as redesignated by
subparagraph (C) of this paragraph), by striking
``subsection'' and inserting ``section''; and
(F) in subsection (e) (as redesignated by
subparagraph (C) of this paragraph)--
(i) by redesignating subparagraphs (A)
through (C) as paragraphs (1) through (3),
respectively; and
(ii) by striking ``subsection,'' and
inserting ``section''; and
(3) in section 507 (50 U.S.C. 3106)--
(A) in subsection (a)--
(i) by striking ``(1) The date'' and
inserting ``The date'';
(ii) by striking ``subsection (c)(1)(A)''
and inserting ``subsection (c)(1)'';
(iii) by striking paragraph (2); and
(iv) by redesignating subparagraphs (A)
through (F) as paragraphs (1) through (6),
respectively;
(B) in subsection (c)(1)--
(i) by striking ``(A) Except'' and
inserting ``Except''; and
(ii) by striking subparagraph (B); and
(C) in subsection (d)(1)--
(i) in subparagraph (A)--
(I) by striking ``subsection
(a)(1)'' and inserting ``subsection
(a)''; and
(II) by inserting ``and'' after
``March 1;'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B).
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--National Security Agency
SEC. 401. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL SECURITY AGENCY.
(a) Director of the National Security Agency.--Section 2 of the
National Security Agency Act of 1959 (50 U.S.C. 3602) is amended--
(1) by inserting ``(b)'' before ``There''; and
(2) by inserting before subsection (b), as so designated by
paragraph (1), the following:
``(a)(1) There is a Director of the National Security Agency.
``(2) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(3) The Director of the National Security Agency shall be the
head of the National Security Agency and shall discharge such functions
and duties as are provided by this Act or otherwise by law or executive
order.''.
(b) Position of Importance and Responsibility.--
(1) In general.--The President may designate the Director
of the National Security Agency as a position of importance and
responsibility under section 601 of title 10, United States
Code.
(2) Effective date.--Paragraph (1) shall take effect on the
date of the enactment of this Act.
SEC. 402. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL SECURITY
AGENCY.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 8G(a)(2), by striking ``the National
Security Agency,''; and
(2) in section 12--
(A) in paragraph (1), by striking ``or the Federal
Cochairpersons of the Commissions established under
section 15301 of title 40, United States Code;'' and
inserting ``the Federal Cochairpersons of the
Commissions established under section 15301 of title
40, United States Code; the Director of the National
Security Agency;''; and
(B) in paragraph (2), by striking ``or the
Commissions established under section 15301 of title
40, United States Code,'' and inserting ``the
Commissions established under section 15301 of title
40, United States Code, the National Security
Agency,''.
SEC. 403. EFFECTIVE DATE AND APPLICABILITY.
(a) In General.--Except as otherwise specifically provided, the
amendments made by sections 401 and 402 shall take effect on October 1,
2014, and shall apply upon the earlier of--
(1) in the case of section 401--
(A) the date of the first nomination by the
President of an individual to serve as the Director of
the National Security Agency that occurs on or after
October 1, 2014; or
(B) the date of the cessation of the performance of
the duties of the Director of the National Security
Agency by the individual performing such duties on
October 1, 2014; and
(2) in the case of section 402--
(A) the date of the first nomination by the
President of an individual to serve as the Inspector
General of the National Security Agency that occurs on
or after October 1, 2014; or
(B) the date of the cessation of the performance of
the duties of the Inspector General of the National
Security Agency by the individual performing such
duties on October 1, 2014.
(b) Exception for Initial Nominations.--Notwithstanding paragraph
(1)(A) or (2)(A) of subsection (a), an individual serving as the
Director of the National Security Agency or the Inspector General of
the National Security Agency on the date that the President first
nominates an individual for such position on or after October 1, 2014,
may continue to perform in that position after such date of nomination
and until the individual appointed to the position, by and with the
advice and consent of the Senate, assumes the duties of the position.
(c) Incumbent Inspector General.--The individual serving as
Inspector General of the National Security Agency on the date of the
enactment of this Act shall be eligible to be appointed by the
President to a new term of service under section 3 of the Inspector
General Act of 1978 (5 U.S.C. App.), by and with the advice and consent
of the Senate.
Subtitle B--National Reconnaissance Office
SEC. 411. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL RECONNAISSANCE
OFFICE.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 3001
et seq.) is amended by adding after section 106 the following:
``SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.
``(a) In General.--There is a Director of the National
Reconnaissance Office.
``(b) Appointment.--The Director of the National Reconnaissance
Office shall be appointed by the President, by and with the advice and
consent of the Senate.
``(c) Functions and Duties.--The Director of the National
Reconnaissance Office shall be the head of the National Reconnaissance
Office and shall discharge such functions and duties as are provided by
this Act or otherwise by law or executive order.''.
(b) Position of Importance and Responsibility.--
(1) In general.--The President may designate the Director
of the National Reconnaissance Office as a position of
importance and responsibility under section 601 of title 10,
United States Code.
(2) Effective date.--Paragraph (1) shall take effect on the
date of the enactment of this Act.
(c) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 (50 U.S.C. 3001 et
seq.) is amended by inserting after the item relating to section 106
the following:
``Sec. 106A. Director of the National Reconnaissance Office.''.
SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL
RECONNAISSANCE OFFICE.
The Inspector General Act of 1978 (5 U.S.C. App.)--
(1) in section 8G(a)(2), as amended by section 402, is
further amended by striking ``the National Reconnaissance
Office,''; and
(2) in section 12, as amended by section 402, is further
amended--
(A) in paragraph (1), by inserting ``or the
Director of the National Reconnaissance Office;''
before ``as the case may be;''; and
(B) in paragraph (2), by inserting ``or the
National Reconnaissance Office,'' before ``as the case
may be;''.
SEC. 413. EFFECTIVE DATE AND APPLICABILITY.
(a) In General.--The amendments made by sections 411 and 412 shall
take effect on October 1, 2014, and shall apply upon the earlier of--
(1) in the case of section 411--
(A) the date of the first nomination by the
President of an individual to serve as the Director of
the National Reconnaissance Office that occurs on or
after October 1, 2014; or
(B) the date of the cessation of the performance of
the duties of the Director of the National
Reconnaissance Office by the individual performing such
duties on October 1, 2014; and
(2) in the case of section 412--
(A) the date of the first nomination by the
President of an individual to serve as the Inspector
General of the National Reconnaissance Office that
occurs on or after October 1, 2014; or
(B) the date of the cessation of the performance of
the duties of the Inspector General of the National
Reconnaissance Office by the individual performing such
duties on October 1, 2014.
(b) Exception for Initial Nominations.--Notwithstanding paragraph
(1)(A) or (2)(A) of subsection (a), an individual serving as the
Director of the National Reconnaissance Office or the Inspector General
of the National Reconnaissance Office on the date that the President
first nominates an individual for such position on or after October 1,
2014, may continue to perform in that position after such date of
nomination and until the individual appointed to the position, by and
with the advice and consent of the Senate, assumes the duties of the
position.
(c) Incumbent Inspector General.--The individual serving as
Inspector General of the National Reconnaissance Office on the date of
the enactment of this Act shall be eligible to be appointed by the
President to a new term of service under section 3 of the Inspector
General Act of 1978 (5 U.S.C. App.), by and with the advice and consent
of the Senate.
Subtitle C--Central Intelligence Agency
SEC. 421. GIFTS, DEVISES, AND BEQUESTS.
Section 12 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3512) is amended--
(1) by striking the section heading and inserting ``gifts,
devises, and bequests'';
(2) in subsection (a)(2)--
(A) by inserting ``by the Director as a gift to the
Agency'' after ``accepted''; and
(B) by striking ``this section'' and inserting
``this subsection'';
(3) in subsection (b), by striking ``this section,'' and
inserting ``subsection (a),'';
(4) in subsection (c), by striking ``this section,'' and
inserting ``subsection (a),'';
(5) in subsection (d), by striking ``this section'' and
inserting ``subsection (a)'';
(6) by redesignating subsection (f) as subsection (g); and
(7) by inserting after subsection (e) the following:
``(f)(1) The Director may engage in fundraising in an official
capacity for the benefit of nonprofit organizations that provide
support to surviving family members of deceased Agency employees or
that otherwise provide support for the welfare, education, or
recreation of Agency employees, former Agency employees, or their
family members.
``(2) In this subsection, the term `fundraising' means the raising
of funds through the active participation in the promotion, production,
or presentation of an event designed to raise funds and does not
include the direct solicitation of money by any other means.''.
TITLE V--SECURITY CLEARANCE REFORM
SEC. 501. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY INFORMATION
REGARDING PERSONNEL WITH ACCESS TO CLASSIFIED
INFORMATION.
Section 102A(j) of the National Security Act of 1947 (50 U.S.C.
3024(j)) is amended--
(1) in the heading, by striking ``Sensitive Compartmented
Information'' and inserting ``Classified Information'';
(2) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (4), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following new paragraphs:
``(5) ensure that the background of each employee or
officer of an element of the intelligence community, each
contractor to an element of the intelligence community, and
each individual employee of such a contractor who has been
determined to be eligible for access to classified information
is monitored on a continual basis under standards developed by
the Director, including with respect to the frequency of
evaluation, during the period of eligibility of such employee
or officer of an element of the intelligence community, such
contractor, or such individual employee to such a contractor to
determine whether such employee or officer of an element of the
intelligence community, such contractor, and such individual
employee of such a contractor continues to meet the
requirements for eligibility for access to classified
information; and
``(6) develop procedures to require information sharing
between elements of the intelligence community concerning
potentially derogatory security information regarding an
employee or officer of an element of the intelligence
community, a contractor to an element of the intelligence
community, or an individual employee of such a contractor that
may impact the eligibility of such employee or officer of an
element of the intelligence community, such contractor, or such
individual employee of such a contractor for a security
clearance.''.
SEC. 502. REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirements.--Section 102A of the National Security Act of
1947 (50 U.S.C. 3024) is amended by adding at the end the following new
subsection:
``(x) Requirements for Intelligence Community Contractors.--The
Director of National Intelligence, in consultation with the head of
each department of the Federal Government that contains an element of
the intelligence community and the Director of the Central Intelligence
Agency, shall--
``(1) ensure that--
``(A) any contractor to an element of the
intelligence community with access to a classified
network or classified information develops and operates
a security plan that is consistent with standards
established by the Director of National Intelligence
for intelligence community networks; and
``(B) each contract awarded by an element of the
intelligence community includes provisions requiring
the contractor comply with such plan and such
standards;
``(2) conduct periodic assessments of each security plan
required under paragraph (1)(A) to ensure such security plan
complies with the requirements of such paragraph; and
``(3) ensure that the insider threat detection capabilities
and insider threat policies of the intelligence community apply
to facilities of contractors with access to a classified
network.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to contracts entered into or renewed after the date
of the enactment of this Act.
SEC. 503. TECHNOLOGY IMPROVEMENTS TO SECURITY CLEARANCE PROCESSING.
(a) In General.--The Director of National Intelligence, in
consultation with the Secretary of Defense and the Director of the
Office of Personnel Management, shall conduct an analysis of the
relative costs and benefits of potential improvements to the process
for investigating persons who are proposed for access to classified
information and adjudicating whether such persons satisfy the criteria
for obtaining and retaining access to such information.
(b) Contents of Analysis.--In conducting the analysis required by
subsection (a), the Director of National Intelligence shall evaluate
the costs and benefits associated with--
(1) the elimination of manual processes in security
clearance investigations and adjudications, if possible, and
automating and integrating the elements of the investigation
process, including--
(A) the clearance application process;
(B) case management;
(C) adjudication management;
(D) investigation methods for the collection,
analysis, storage, retrieval, and transfer of data and
records; and
(E) records management for access and eligibility
determinations;
(2) the elimination or reduction, if possible, of the use
of databases and information sources that cannot be accessed
and processed automatically electronically, or modification of
such databases and information sources, to enable electronic
access and processing;
(3) the use of government-developed and commercial
technology for continuous monitoring and evaluation of
government and commercial data sources that can identify and
flag information pertinent to adjudication guidelines and
eligibility determinations;
(4) the standardization of forms used for routine reporting
required of cleared personnel (such as travel, foreign
contacts, and financial disclosures) and use of continuous
monitoring technology to access databases containing such
reportable information to independently obtain and analyze
reportable data and events;
(5) the establishment of an authoritative central
repository of personnel security information that is accessible
electronically at multiple levels of classification and
eliminates technical barriers to rapid access to information
necessary for eligibility determinations and reciprocal
recognition thereof;
(6) using digitally processed fingerprints, as a substitute
for ink or paper prints, to reduce error rates and improve
portability of data;
(7) expanding the use of technology to improve an
applicant's ability to discover the status of a pending
security clearance application or reinvestigation; and
(8) using government and publicly available commercial data
sources, including social media, that provide independent
information pertinent to adjudication guidelines to improve
quality and timeliness, and reduce costs, of investigations and
reinvestigations.
(c) Report to Congress.--Not later than 6 months after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on the
analysis required by subsection (a).
SEC. 504. REPORT ON RECIPROCITY OF SECURITY CLEARANCES.
The head of the entity selected pursuant to section 3001(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(b)) shall submit to the appropriate committees of Congress a
report each year through 2017 that describes for the preceding year--
(1) the periods of time required by authorized adjudicative
agencies for accepting background investigations and
determinations completed by an authorized investigative entity
or authorized adjudicative agency;
(2) the total number of cases in which a background
investigation or determination completed by an authorized
investigative entity or authorized adjudicative agency is
accepted by another agency;
(3) the total number of cases in which a background
investigation or determination completed by an authorized
investigative entity or authorized adjudicative agency is not
accepted by another agency; and
(4) such other information or recommendations as the head
of the entity selected pursuant to such section 3001(b)
considers appropriate.
SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION PROCESS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until December 31, 2017,
the Director of National Intelligence, in consultation with the
Secretary of Defense and the Director of the Office of Personnel
Management, shall transmit to the appropriate committees of Congress a
strategic plan for updating the process for periodic reinvestigations
consistent with a continuous evaluation program.
(b) Contents.--The plan required by subsection (a) shall include--
(1) an analysis of the costs and benefits associated with
conducting periodic reinvestigations;
(2) an analysis of the costs and benefits associated with
replacing some or all periodic reinvestigations with a program
of continuous evaluation;
(3) a determination of how many risk-based and ad hoc
periodic reinvestigations are necessary on an annual basis for
each component of the Federal Government with employees with
security clearances;
(4) an analysis of the potential benefits of expanding the
Government's use of continuous evaluation tools as a means of
improving the effectiveness and efficiency of procedures for
confirming the eligibility of personnel for continued access to
classified information; and
(5) an analysis of how many personnel with out-of-scope
background investigations are employed by, or contracted or
detailed to, each element of the intelligence community.
(c) Periodic Reinvestigations Defined.--In this section, the term
``periodic reinvestigations'' has the meaning given that term in
section 3001(a) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3341(a)).
SEC. 506. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this title, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(3) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS
SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY WHISTLEBLOWERS.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by adding at the end the following new
section:
``SEC. 1104. PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE
COMMUNITY.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means an executive
department or independent establishment, as defined under
sections 101 and 104 of title 5, United States Code, that
contains an intelligence community element, except the Federal
Bureau of Investigation.
``(2) Covered intelligence community element.--The term
`covered intelligence community element'--
``(A) means--
``(i) the Central Intelligence Agency, the
Defense Intelligence Agency, the National
Geospatial-Intelligence Agency, the National
Security Agency, the Office of the Director of
National Intelligence, and the National
Reconnaissance Office; and
``(ii) any executive agency or unit thereof
determined by the President under section
2302(a)(2)(C)(ii) of title 5, United States
Code, to have as its principal function the
conduct of foreign intelligence or
counterintelligence activities; and
``(B) does not include the Federal Bureau of
Investigation.
``(3) Personnel action.--The term `personnel action' means,
with respect to an employee in a position in a covered
intelligence community element (other than a position excepted
from the competitive service due to its confidential, policy-
determining, policymaking, or policy-advocating character)--
``(A) an appointment;
``(B) a promotion;
``(C) a disciplinary or corrective action;
``(D) a detail, transfer, or reassignment;
``(E) a demotion, suspension, or termination;
``(F) a reinstatement or restoration;
``(G) a performance evaluation;
``(H) a decision concerning pay, benefits, or
awards;
``(I) a decision concerning education or training
if such education or training may reasonably be
expected to lead to an appointment, promotion, or
performance evaluation; or
``(J) any other significant change in duties,
responsibilities, or working conditions.
``(b) In General.--Any employee of an agency who has authority to
take, direct others to take, recommend, or approve any personnel
action, shall not, with respect to such authority, take or fail to take
a personnel action with respect to any employee of a covered
intelligence community element as a reprisal for a lawful disclosure of
information by the employee to the Director of National Intelligence
(or an employee designated by the Director of National Intelligence for
such purpose), the Inspector General of the Intelligence Community, the
head of the employing agency (or an employee designated by the head of
that agency for such purpose), the appropriate inspector general of the
employing agency, a congressional intelligence committee, or a member
of a congressional intelligence committee, which the employee
reasonably believes evidences--
``(1) a violation of any Federal law, rule, or regulation;
or
``(2) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety.
``(c) Enforcement.--The President shall provide for the enforcement
of this section.
``(d) Existing Rights Preserved.--Nothing in this section shall be
construed to--
``(1) preempt or preclude any employee, or applicant for
employment, at the Federal Bureau of Investigation from
exercising rights provided under any other law, rule, or
regulation, including section 2303 of title 5, United States
Code; or
``(2) repeal section 2303 of title 5, United States
Code.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 is amended by adding
at the end the following new item:
``Sec. 1104. Prohibited personnel practices in the intelligence
community.''.
SEC. 602. REVIEW OF SECURITY CLEARANCE OR ACCESS DETERMINATIONS.
(a) General Responsibility.--
(1) In general.--Section 3001(b) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)) is
amended--
(A) in the matter preceding paragraph (1), by
striking ``Not'' and inserting ``Except as otherwise
provided, not'';
(B) in paragraph (5), by striking ``and'' after the
semicolon;
(C) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(D) by inserting after paragraph (6) the following:
``(7) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2014--
``(A) developing policies and procedures that
permit, to the extent practicable, individuals to
appeal a determination to suspend or revoke a security
clearance or access to classified information and to
retain their government employment status while such
challenge is pending; and
``(B) developing and implementing uniform and
consistent policies and procedures to ensure proper
protections during the process for denying, suspending,
or revoking a security clearance or access to
classified information, including the ability to appeal
such a denial, suspension, or revocation, except that
there shall be no appeal of an agency's suspension of a
security clearance or access determination for purposes
of conducting an investigation, if that suspension
lasts no longer than 1 year or the head of the agency
or a designee of the head of the agency certifies that
a longer suspension is needed before a final decision
on denial or revocation to prevent imminent harm to the
national security.''.
(2) Required elements of policies and procedures.--The
policies and procedures for appeal developed under paragraph
(7) of section 3001(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004, as added by subsection (a), shall
provide for the Inspector General of the Intelligence
Community, or the inspector general of the employing agency, to
conduct fact-finding and report to the agency head or the
designee of the agency head within 180 days unless the employee
and the agency agree to an extension or the investigating
inspector general determines in writing that a greater period
of time is required. To the fullest extent possible, such fact-
finding shall include an opportunity for the employee to
present relevant evidence such as witness testimony.
(b) Retaliatory Revocation of Security Clearances and Access
Determinations.--Section 3001 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341) is amended by adding at the end
the following:
``(j) Retaliatory Revocation of Security Clearances and Access
Determinations.--
``(1) In general.--Agency personnel with authority over
personnel security clearance or access determinations shall not
take or fail to take, or threaten to take or fail to take, any
action with respect to any employee's security clearance or
access determination in retaliation for--
``(A) any lawful disclosure of information to the
Director of National Intelligence (or an employee
designated by the Director of National Intelligence for
such purpose) or the head of the employing agency (or
employee designated by the head of that agency for such
purpose) by an employee that the employee reasonably
believes evidences--
``(i) a violation of any Federal law, rule,
or regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety;
``(B) any lawful disclosure to the Inspector
General of an agency or another employee designated by
the head of the agency to receive such disclosures, of
information which the employee reasonably believes
evidences--
``(i) a violation of any Federal law, rule,
or regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety;
``(C) any lawful disclosure that complies with--
``(i) subsections (a)(1), (d), and (h) of
section 8H of the Inspector General Act of 1978
(5 U.S.C. App.);
``(ii) subparagraphs (A), (D), and (H) of
section 17(d)(5) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
``(iii) subparagraphs (A), (D), and (I) of
section 103H(k)(5) of the National Security Act
of 1947 (50 U.S.C. 3033(k)(5)); and
``(D) if the actions do not result in the employee
or applicant unlawfully disclosing information
specifically required by Executive order to be kept
classified in the interest of national defense or the
conduct of foreign affairs, any lawful disclosure in
conjunction with--
``(i) the exercise of any appeal,
complaint, or grievance right granted by any
law, rule, or regulation;
``(ii) testimony for or otherwise lawfully
assisting any individual in the exercise of any
right referred to in clause (i); or
``(iii) cooperation with or disclosing
information to the Inspector General of an
agency, in accordance with applicable
provisions of law in connection with an audit,
inspection, or investigation conducted by the
Inspector General.
``(2) Rule of construction.--Consistent with the protection
of sources and methods, nothing in paragraph (1) shall be
construed to authorize the withholding of information from
Congress or the taking of any personnel action against an
employee who lawfully discloses information to Congress.
``(3) Disclosures.--
``(A) In general.--A disclosure shall not be
excluded from paragraph (1) because--
``(i) the disclosure was made to a person,
including a supervisor, who participated in an
activity that the employee reasonably believed
to be covered by paragraph (1)(A)(ii);
``(ii) the disclosure revealed information
that had been previously disclosed;
``(iii) the disclosure was not made in
writing;
``(iv) the disclosure was made while the
employee was off duty; or
``(v) of the amount of time which has
passed since the occurrence of the events
described in the disclosure.
``(B) Reprisals.--If a disclosure is made during
the normal course of duties of an employee, the
disclosure shall not be excluded from paragraph (1) if
any employee who has authority to take, direct others
to take, recommend, or approve any personnel action
with respect to the employee making the disclosure,
took, failed to take, or threatened to take or fail to
take a personnel action with respect to that employee
in reprisal for the disclosure.
``(4) Agency adjudication.--
``(A) Remedial procedure.--An employee or former
employee who believes that he or she has been subjected
to a reprisal prohibited by paragraph (1) may, within
90 days after the issuance of notice of such decision,
appeal that decision within the agency of that employee
or former employee through proceedings authorized by
subsection (b)(7), except that there shall be no appeal
of an agency's suspension of a security clearance or
access determination for purposes of conducting an
investigation, if that suspension lasts not longer than
1 year (or a longer period in accordance with a
certification made under subsection (b)(7)).
``(B) Corrective action.--If, in the course of
proceedings authorized under subparagraph (A), it is
determined that the adverse security clearance or
access determination violated paragraph (1), the agency
shall take specific corrective action to return the
employee or former employee, as nearly as practicable
and reasonable, to the position such employee or former
employee would have held had the violation not
occurred. Such corrective action may include back pay
and related benefits, travel expenses, and compensatory
damages not to exceed $300,000.
``(C) Contributing factor.--In determining whether
the adverse security clearance or access determination
violated paragraph (1), the agency shall find that
paragraph (1) was violated if a disclosure described in
paragraph (1) was a contributing factor in the adverse
security clearance or access determination taken
against the individual, unless the agency demonstrates
by a preponderance of the evidence that it would have
taken the same action in the absence of such
disclosure, giving the utmost deference to the agency's
assessment of the particular threat to the national
security interests of the United States in the instant
matter.
``(5) Appellate review of security clearance access
determinations by director of national intelligence.--
``(A) Appeal.--Within 60 days after receiving
notice of an adverse final agency determination under a
proceeding under paragraph (4), an employee or former
employee may appeal that determination in accordance
with the procedures established under subparagraph (B).
``(B) Policies and procedures.--The Director of
National Intelligence, in consultation with the
Attorney General and the Secretary of Defense, shall
develop and implement policies and procedures for
adjudicating the appeals authorized by subparagraph
(A).
``(C) Congressional notification.--Consistent with
the protection of sources and methods, at the time the
Director of National Intelligence issues an order
regarding an appeal pursuant to the policies and
procedures established by this paragraph, the Director
of National Intelligence shall notify the congressional
intelligence committees.
``(6) Judicial review.--Nothing in this section shall be
construed to permit or require judicial review of any--
``(A) agency action under this section; or
``(B) action of the appellate review procedures
established under paragraph (5).
``(7) Private cause of action.--Nothing in this section
shall be construed to permit, authorize, or require a private
cause of action to challenge the merits of a security clearance
determination.''.
(c) Access Determination Defined.--Section 3001(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(a)) is amended by adding at the end the following:
``(9) Access determination.--The term `access
determination' means the determination regarding whether an
employee--
``(A) is eligible for access to classified
information in accordance with Executive Order 12968
(60 Fed. Reg. 40245; relating to access to classified
information), or any successor thereto, and Executive
Order 10865 (25 Fed. Reg. 1583; relating to
safeguarding classified information with industry), or
any successor thereto; and
``(B) possesses a need to know under such an
Order.''.
(d) Existing Rights Preserved.--Nothing in this section or the
amendments made by this section shall be construed to preempt,
preclude, or otherwise prevent an individual from exercising rights,
remedies, or avenues of redress currently provided under any other law,
regulation, or rule.
(e) Rule of Construction.--Nothing in section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341), as amended by this title, shall be construed to require the
repeal or replacement of agency appeal procedures implementing
Executive Order 12968 (60 Fed. Reg. 40245; relating to access to
classified information), or any successor thereto, and Executive Order
10865 (25 Fed. Reg. 1583; relating to safeguarding classified
information with industry), or any successor thereto, that meet the
requirements of paragraph (7) of section 3001(b) of such Act, as added
by this section.
SEC. 603. REVISIONS OF OTHER LAWS.
(a) Inspector General Act of 1978.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) If the head of an establishment determines that a complaint
or information transmitted under paragraph (1) would create a conflict
of interest for the head of the establishment, the head of the
establishment shall return the complaint or information to the
Inspector General with that determination and the Inspector General
shall make the transmission to the Director of National Intelligence
and, if the establishment is within the Department of Defense, to the
Secretary of Defense. In such a case, the requirements of this section
for the head of the establishment apply to each recipient of the
Inspector General's transmission.'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following:
``(h) An individual who has submitted a complaint or information to
an Inspector General under this section may notify any member of the
Permanent Select Committee on Intelligence of the House of
Representatives or the Select Committee on Intelligence of the Senate,
or a staff member of either such Committee, of the fact that such
individual has made a submission to that particular Inspector General,
and of the date on which such submission was made.''.
(b) Central Intelligence Agency.--Section 17(d)(5) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is amended--
(1) in subparagraph (B)--
(A) by inserting ``(i)'' after ``(B)''; and
(B) by adding at the end the following:
``(ii) If the Director determines that a complaint or information
transmitted under paragraph (1) would create a conflict of interest for
the Director, the Director shall return the complaint or information to
the Inspector General with that determination and the Inspector General
shall make the transmission to the Director of National Intelligence.
In such a case, the requirements of this subsection for the Director of
the Central Intelligence Agency apply to the Director of National
Intelligence''; and
(2) by adding at the end the following:
``(H) An individual who has submitted a complaint or information to
the Inspector General under this section may notify any member of the
Permanent Select Committee on Intelligence of the House of
Representatives or the Select Committee on Intelligence of the Senate,
or a staff member of either such Committee, of the fact that such
individual has made a submission to the Inspector General, and of the
date on which such submission was made.''.
(c) National Security Act of 1947.--Section 103H(k)(5) of the
National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by
adding at the end the following:
``(I) An individual who has submitted a complaint or information to
the Inspector General under this section may notify any member of
either of the congressional intelligence committees, or a staff member
of either of such committees, of the fact that such individual has made
a submission to the Inspector General, and of the date on which such
submission was made.''.
SEC. 604. POLICIES AND PROCEDURES; NONAPPLICABILITY TO CERTAIN
TERMINATIONS.
(a) Covered Intelligence Community Element Defined.--In this
section, the term ``covered intelligence community element''--
(1) means--
(A) the Central Intelligence Agency, the Defense
Intelligence Agency, the National Geospatial-
Intelligence Agency, the National Security Agency, the
Office of the Director of National Intelligence, and
the National Reconnaissance Office; and
(B) any executive agency or unit thereof determined
by the President under section 2302(a)(2)(C)(ii) of
title 5, United States Code, to have as its principal
function the conduct of foreign intelligence or
counterintelligence activities; and
(2) does not include the Federal Bureau of Investigation.
(b) Regulations.--In consultation with the Secretary of Defense,
the Director of National Intelligence shall develop policies and
procedures to ensure that a personnel action shall not be taken against
an employee of a covered intelligence community element as a reprisal
for any disclosure of information described in 1104 of the National
Security Act of 1947, as added by section 601 of this Act.
(c) Report on the Status of Implementation of Regulations.--Not
later than 2 years after the date of the enactment of this Act, the
Director of National Intelligence shall submit a report on the status
of the implementation of the regulations promulgated under subsection
(b) to the congressional intelligence committees.
(d) Nonapplicability to Certain Terminations.--Section 1104 of the
National Security Act of 1947, as added by section 601 of this Act, and
section 3001 of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341), as amended by section 602 of this Act, shall not
apply if--
(1) the affected employee is concurrently terminated
under--
(A) section 1609 of title 10, United States Code;
(B) the authority of the Director of National
Intelligence under section 102A(m) of the National
Security Act of 1947 (50 U.S.C. 3024(m)), if the
Director determines that the termination is in the
interest of the United States;
(C) the authority of the Director of the Central
Intelligence Agency under section 104A(e) of the
National Security Act of 1947 (50 U.S.C. 3036(e)), if
the Director determines that the termination is in the
interest of the United States; or
(D) section 7532 of title 5, United States Code, if
the head of the agency determines that the termination
is in the interest of the United States; and
(2) not later than 30 days after such termination, the head
of the agency that employed the affected employee notifies the
congressional intelligence committees of the termination.
TITLE VII--TECHNICAL AMENDMENTS
SEC. 701. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY ACT
OF 1949.
Section 21 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3521) is amended--
(1) in subsection (b)(1)(D), by striking ``section (a)''
and inserting ``subsection (a)''; and
(2) in subsection (c)(2)(E), by striking ``provider.'' and
inserting ``provider''.
SEC. 702. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947
RELATING TO THE PAST ELIMINATION OF CERTAIN POSITIONS.
Section 101(a) of the National Security Act of 1947 (50 U.S.C.
3021(a)) is amended--
(1) in paragraph (5), by striking the semicolon and
inserting ``; and'';
(2) by striking paragraphs (6) and (7);
(3) by redesignating paragraph (8) as paragraph (6); and
(4) in paragraph (6) (as so redesignated), by striking
``the Chairman of the Munitions Board, and the Chairman of the
Research and Development Board,''.
SEC. 703. TECHNICAL AMENDMENTS TO THE INTELLIGENCE AUTHORIZATION ACT
FOR FISCAL YEAR 2013.
(a) Amendments.--Section 506 of the Intelligence Authorization Act
for Fiscal Year 2013 (Public Law 112-277; 126 Stat. 2478) is amended--
(1) by striking ``Section 606(5)'' and inserting
``Paragraph (5) of section 605''; and
(2) by inserting ``, as redesignated by section
310(a)(4)(B) of this Act,'' before ``is amended''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Intelligence
Authorization Act for Fiscal Year 2013 (Public Law 112-277).
Passed the Senate June 11, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 1681
_______________________________________________________________________
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.
