[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 4681 Enrolled Bill (ENR)]
H.R.4681
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To authorize appropriations for fiscal years 2014 and 2015 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary effects.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. National intelligence strategy.
Sec. 304. Software licensing.
Sec. 305. Reporting of certain employment activities by former
intelligence officers and employees.
Sec. 306. Inclusion of Predominantly Black Institutions in intelligence
officer training program.
Sec. 307. Management and oversight of financial intelligence.
Sec. 308. Analysis of private sector policies and procedures for
countering insider threats.
Sec. 309. Procedures for the retention of incidentally acquired
communications.
Sec. 310. Clarification of limitation of review to retaliatory security
clearance or access determinations.
Sec. 311. Feasibility study on consolidating classified databases of
cyber threat indicators and malware samples.
Sec. 312. Sense of Congress on cybersecurity threat and cybercrime
cooperation with Ukraine.
Sec. 313. Replacement of locally employed staff serving at United States
diplomatic facilities in the Russian Federation.
Sec. 314. Inclusion of Sensitive Compartmented Information Facilities in
United States diplomatic facilities in the Russian Federation
and adjacent countries.
Subtitle B--Reporting
Sec. 321. Report on declassification process.
Sec. 322. Report on intelligence community efficient spending targets.
Sec. 323. Annual report on violations of law or executive order.
Sec. 324. Annual report on intelligence activities of the Department of
Homeland Security.
Sec. 325. Report on political prison camps in North Korea.
Sec. 326. Assessment of security of domestic oil refineries and related
rail transportation infrastructure.
Sec. 327. Enhanced contractor level assessments for the intelligence
community.
Sec. 328. Assessment of the efficacy of memoranda of understanding to
facilitate intelligence-sharing.
Sec. 329. Report on foreign man-made electromagnetic pulse weapons.
Sec. 330. Report on United States counterterrorism strategy to disrupt,
dismantle, and defeat al-Qaeda and its affiliated or
associated groups.
Sec. 331. Feasibility study on retraining veterans in cybersecurity.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 3. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2015
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel ceilings as of September 30, 2015, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany the bill
H.R. 4681 of the One Hundred Thirteenth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations, or of appropriate portions
of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any portion
of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize employment of civilian personnel in excess of the number
authorized for fiscal year 2015 by the classified Schedule of
Authorizations referred to in section 102(a) if the Director of
National Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that the number
of personnel employed in excess of the number authorized under such
section may not, for any element of the intelligence community, exceed
3 percent of the number of civilian personnel authorized under such
Schedule for such element.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2015 the sum of
$507,400,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2016.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 794 positions as of September 30, 2015.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Community Management Account for fiscal year
2015 such additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a). Such
additional amounts for advanced research and development shall
remain available until September 30, 2016.
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Intelligence
Community Management Account as of September 30, 2015, there are
authorized such additional personnel for the Community Management
Account as of that date as are specified in the classified Schedule
of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2015 the sum of
$514,000,000.
TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED
BY LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. NATIONAL INTELLIGENCE STRATEGY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by inserting after section 108 the
following:
``SEC. 108A. NATIONAL INTELLIGENCE STRATEGY.
``(a) In General.--Beginning in 2017, and once every 4 years
thereafter, the Director of National Intelligence shall develop a
comprehensive national intelligence strategy to meet national security
objectives for the following 4-year period, or a longer period, if
appropriate.
``(b) Requirements.--Each national intelligence strategy required
by subsection (a) shall--
``(1) delineate a national intelligence strategy consistent
with--
``(A) the most recent national security strategy report
submitted pursuant to section 108;
``(B) the strategic plans of other relevant departments and
agencies of the United States; and
``(C) other relevant national-level plans;
``(2) address matters related to national and military
intelligence, including counterintelligence;
``(3) identify the major national security missions that the
intelligence community is currently pursuing and will pursue in the
future to meet the anticipated security environment;
``(4) describe how the intelligence community will utilize
personnel, technology, partnerships, and other capabilities to
pursue the major national security missions identified in paragraph
(3);
``(5) assess current, emerging, and future threats to the
intelligence community, including threats from foreign intelligence
and security services and insider threats;
``(6) outline the organizational roles and missions of the
elements of the intelligence community as part of an integrated
enterprise to meet customer demands for intelligence products,
services, and support;
``(7) identify sources of strategic, institutional,
programmatic, fiscal, and technological risk; and
``(8) analyze factors that may affect the intelligence
community's performance in pursuing the major national security
missions identified in paragraph (3) during the following 10-year
period.
``(c) Submission to Congress.--The Director of National
Intelligence shall submit to the congressional intelligence committees
a report on each national intelligence strategy required by subsection
(a) not later than 45 days after the date of the completion of such
strategy.''.
(b) Table of Contents Amendments.--The table of contents in the
first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 108 the following new
item:
``Sec. 108A. National intelligence strategy.''.
SEC. 304. SOFTWARE LICENSING.
Section 109 of the National Security Act of 1947 (50 U.S.C. 3044)
is amended--
(1) in subsection (a)(2), by striking ``usage; and'' and
inserting ``usage, including--
``(A) increasing the centralization of the management of
software licenses;
``(B) increasing the regular tracking and maintaining of
comprehensive inventories of software licenses using automated
discovery and inventory tools and metrics;
``(C) analyzing software license data to inform investment
decisions; and
``(D) providing appropriate personnel with sufficient
software licenses management training; and'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2), by striking ``usage.'' and inserting
``usage, including--
``(A) increasing the centralization of the management of
software licenses;
``(B) increasing the regular tracking and maintaining of
comprehensive inventories of software licenses using automated
discovery and inventory tools and metrics;
``(C) analyzing software license data to inform investment
decisions; and
``(D) providing appropriate personnel with sufficient
software licenses management training; and''; and
(C) by adding at the end the following new paragraph:
``(3) based on the assessment required under paragraph (2),
make such recommendations with respect to software procurement and
usage to the Director of National Intelligence as the Chief
Information Officer considers appropriate.''; and
(3) by adding at the end the following new subsection:
``(d) Implementation of Recommendations.--Not later than 180 days
after the date on which the Director of National Intelligence receives
recommendations from the Chief Information Officer of the Intelligence
Community in accordance with subsection (b)(3), the Director of
National Intelligence shall, to the extent practicable, issue
guidelines for the intelligence community on software procurement and
usage based on such recommendations.''.
SEC. 305. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY FORMER
INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) Restriction.--Title III of the National Security Act of 1947
(50 U.S.C. 3071 et seq.) is amended by inserting after section 303 the
following new section:
``SEC. 304. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY FORMER
INTELLIGENCE OFFICERS AND EMPLOYEES.
``(a) In General.--The head of each element of the intelligence
community shall issue regulations requiring each employee of such
element occupying a covered position to sign a written agreement
requiring the regular reporting of covered employment to the head of
such element.
``(b) Agreement Elements.--The regulations required under
subsection (a) shall provide that an agreement contain provisions
requiring each employee occupying a covered position to, during the
two-year period beginning on the date on which such employee ceases to
occupy such covered position--
``(1) report covered employment to the head of the element of
the intelligence community that employed such employee in such
covered position upon accepting such covered employment; and
``(2) annually (or more frequently if the head of such element
considers it appropriate) report covered employment to the head of
such element.
``(c) Definitions.--In this section:
``(1) Covered employment.--The term `covered employment' means
direct employment by, representation of, or the provision of advice
relating to national security to the government of a foreign
country or any person whose activities are directly or indirectly
supervised, directed, controlled, financed, or subsidized, in whole
or in major part, by any government of a foreign country.
``(2) Covered position.--The term `covered position' means a
position within an element of the intelligence community that,
based on the level of access of a person occupying such position to
information regarding sensitive intelligence sources or methods or
other exceptionally sensitive matters, the head of such element
determines should be subject to the requirements of this section.
``(3) Government of a foreign country.--The term `government of
a foreign country' has the meaning given the term in section 1(e)
of the Foreign Agents Registration Act of 1938 (22 U.S.C.
611(e)).''.
(b) Regulations and Certification.--
(1) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall issue the regulations required under section 304 of
the National Security Act of 1947, as added by subsection (a) of
this section.
(2) Certification.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees--
(A) a certification that each head of an element of the
intelligence community has prescribed the regulations required
under section 304 of the National Security Act of 1947, as
added by subsection (a) of this section; or
(B) if the Director is unable to submit the certification
described under subparagraph (A), an explanation as to why the
Director is unable to submit such certification, including a
designation of which heads of an element of the intelligence
community have prescribed the regulations required under such
section 304 and which have not.
(c) Table of Contents Amendments.--The table of contents in the
first section of the National Security Act of 1947 is amended--
(1) by striking the second item relating to section 302 (Under
Secretaries and Assistant Secretaries) and the items relating to
sections 304, 305, and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Reporting of certain employment activities by former
intelligence officers and employees.''.
SEC. 306. INCLUSION OF PREDOMINANTLY BLACK INSTITUTIONS IN
INTELLIGENCE OFFICER TRAINING PROGRAM.
Section 1024 of the National Security Act of 1947 (50 U.S.C. 3224)
is amended--
(1) in subsection (c)(1), by inserting ``and Predominantly
Black Institutions'' after ``universities''; and
(2) in subsection (g)--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) Predominantly black institution.--The term `Predominantly
Black Institution' has the meaning given the term in section 318 of
the Higher education Act of 1965 (20 U.S.C. 1059e).''.
SEC. 307. MANAGEMENT AND OVERSIGHT OF FINANCIAL INTELLIGENCE.
(a) Requirement for Plan.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence shall
prepare a plan for management of the elements of the intelligence
community that carry out financial intelligence activities.
(b) Contents of Plan.--The plan required by subsection (a) shall
establish a governance framework, procedures for sharing and
harmonizing the acquisition and use of financial analytic tools,
standards for quality of analytic products, procedures for oversight
and evaluation of resource allocations associated with the joint
development of information sharing efforts and tools, and an education
and training model for elements of the intelligence community that
carry out financial intelligence activities.
(c) Briefing to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall brief the congressional intelligence committees on the actions
the Director proposes to implement the plan required by subsection (a).
SEC. 308. ANALYSIS OF PRIVATE SECTOR POLICIES AND PROCEDURES FOR
COUNTERING INSIDER THREATS.
(a) Analysis.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the National Counterintelligence Executive, shall
submit to the congressional intelligence committees an analysis of
private sector policies and procedures for countering insider threats.
(b) Content.--The analysis required by subsection (a) shall
include--
(1) a review of whether and how the intelligence community
could utilize private sector hiring and human resources best
practices to screen, vet, and validate the credentials,
capabilities, and character of applicants for positions involving
trusted access to sensitive information;
(2) an analysis of private sector policies for holding
supervisors and subordinates accountable for violations of
established security protocols and whether the intelligence
community should adopt similar policies for positions of trusted
access to sensitive information;
(3) an assessment of the feasibility and advisability of
applying mandatory leave policies, similar to those endorsed by the
Federal Deposit Insurance Corporation and the Securities and
Exchange Commission to identify fraud in the financial services
industry, to certain positions within the intelligence community;
and
(4) recommendations for how the intelligence community could
utilize private sector risk indices, such as credit risk scores, to
make determinations about employee access to sensitive information.
SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED
COMMUNICATIONS.
(a) Definitions.--In this section:
(1) Covered communication.--The term ``covered communication''
means any nonpublic telephone or electronic communication acquired
without the consent of a person who is a party to the
communication, including communications in electronic storage.
(2) Head of an element of the intelligence community.--The term
``head of an element of the intelligence community'' means, as
appropriate--
(A) the head of an element of the intelligence community;
or
(B) the head of the department or agency containing such
element.
(3) United states person.--The term ``United States person''
has the meaning given that term in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(b) Procedures for Covered Communications.--
(1) Requirement to adopt.--Not later than 2 years after the
date of the enactment of this Act each head of an element of the
intelligence community shall adopt procedures approved by the
Attorney General for such element that ensure compliance with the
requirements of paragraph (3).
(2) Coordination and approval.--The procedures required by
paragraph (1) shall be--
(A) prepared in coordination with the Director of National
Intelligence; and
(B) approved by the Attorney General prior to issuance.
(3) Procedures.--
(A) Application.--The procedures required by paragraph (1)
shall apply to any intelligence collection activity not
otherwise authorized by court order (including an order or
certification issued by a court established under subsection
(a) or (b) of section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or
similar legal process that is reasonably anticipated to result
in the acquisition of a covered communication to or from a
United States person and shall permit the acquisition,
retention, and dissemination of covered communications subject
to the limitation in subparagraph (B).
(B) Limitation on retention.--A covered communication shall
not be retained in excess of 5 years, unless--
(i) the communication has been affirmatively
determined, in whole or in part, to constitute foreign
intelligence or counterintelligence or is necessary to
understand or assess foreign intelligence or
counterintelligence;
(ii) the communication is reasonably believed to
constitute evidence of a crime and is retained by a law
enforcement agency;
(iii) the communication is enciphered or reasonably
believed to have a secret meaning;
(iv) all parties to the communication are reasonably
believed to be non-United States persons;
(v) retention is necessary to protect against an
imminent threat to human life, in which case both the
nature of the threat and the information to be retained
shall be reported to the congressional intelligence
committees not later than 30 days after the date such
retention is extended under this clause;
(vi) retention is necessary for technical assurance or
compliance purposes, including a court order or discovery
obligation, in which case access to information retained
for technical assurance or compliance purposes shall be
reported to the congressional intelligence committees on an
annual basis; or
(vii) retention for a period in excess of 5 years is
approved by the head of the element of the intelligence
community responsible for such retention, based on a
determination that retention is necessary to protect the
national security of the United States, in which case the
head of such element shall provide to the congressional
intelligence committees a written certification
describing--
(I) the reasons extended retention is necessary to
protect the national security of the United States;
(II) the duration for which the head of the element
is authorizing retention;
(III) the particular information to be retained;
and
(IV) the measures the element of the intelligence
community is taking to protect the privacy interests of
United States persons or persons located inside the
United States.
SEC. 310. CLARIFICATION OF LIMITATION OF REVIEW TO RETALIATORY
SECURITY CLEARANCE OR ACCESS DETERMINATIONS.
Section 3001(b)(7) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(b)(7)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``2014--'' and inserting ``2014, and consistent with subsection
(j)--'';
(2) in subparagraph (A), by striking ``to appeal a
determination to suspend or revoke a security clearance or access
to classified information'' and inserting ``alleging reprisal for
having made a protected disclosure (provided the individual does
not disclose classified information or other information contrary
to law) to appeal any action affecting an employee's access to
classified information''; and
(3) in subparagraph (B), by striking ``information,'' inserting
``information following a protected disclosure,''.
SEC. 311. FEASIBILITY STUDY ON CONSOLIDATING CLASSIFIED DATABASES
OF CYBER THREAT INDICATORS AND MALWARE SAMPLES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of Homeland Security, the Director of
the National Security Agency, the Director of the Central Intelligence
Agency, and the Director of the Federal Bureau of Investigation, shall
conduct a feasibility study on consolidating classified databases of
cyber threat indicators and malware samples in the intelligence
community.
(b) Elements.--The feasibility study required by subsection (a)
shall include the following:
(1) An inventory of classified databases of cyber threat
indicators and malware samples in the intelligence community.
(2) An assessment of actions that could be carried out to
consolidate such databases to achieve the greatest possible
information sharing within the intelligence community and cost
savings for the Federal Government.
(3) An assessment of any impediments to such consolidation.
(4) An assessment of whether the Intelligence Community
Information Technology Enterprise can support such consolidation.
(c) Report to Congress.--Not later than 30 days after the date on
which the Director of National Intelligence completes the feasibility
study required by subsection (a), the Director shall submit to the
congressional intelligence committees a written report that summarizes
the feasibility study, including the information required under
subsection (b).
SEC. 312. SENSE OF CONGRESS ON CYBERSECURITY THREAT AND CYBERCRIME
COOPERATION WITH UKRAINE.
It is the sense of Congress that--
(1) cooperation between the intelligence and law enforcement
agencies of the United States and Ukraine should be increased to
improve cybersecurity policies between these two countries;
(2) the United States should pursue improved extradition
procedures among the Governments of the United States, Ukraine, and
other countries from which cybercriminals target United States
citizens and entities;
(3) the President should--
(A) initiate a round of formal United States-Ukraine
bilateral talks on cybersecurity threat and cybercrime
cooperation, with additional multilateral talks that include
other law enforcement partners such as Europol and Interpol;
and
(B) work to obtain a commitment from the Government of
Ukraine to end cybercrime directed at persons outside Ukraine
and to work with the United States and other allies to deter
and convict known cybercriminals;
(4) the President should establish a capacity building program
with the Government of Ukraine, which could include--
(A) a joint effort to improve cyber capacity building,
including intelligence and law enforcement services in Ukraine;
(B) sending United States law enforcement agents to aid law
enforcement agencies in Ukraine in investigating cybercrimes;
and
(C) agreements to improve communications networks to
enhance law enforcement cooperation, such as a hotline directly
connecting law enforcement agencies in the United States and
Ukraine; and
(5) the President should establish and maintain an intelligence
and law enforcement cooperation scorecard with metrics designed to
measure the number of instances that intelligence and law
enforcement agencies in the United States request assistance from
intelligence and law enforcement agencies in Ukraine and the number
and type of responses received to such requests.
SEC. 313. REPLACEMENT OF LOCALLY EMPLOYED STAFF SERVING AT UNITED
STATES DIPLOMATIC FACILITIES IN THE RUSSIAN FEDERATION.
(a) Employment Requirement.--
(1) In general.--The Secretary of State shall ensure that, not
later than one year after the date of the enactment of this Act,
every supervisory position at a United States diplomatic facility
in the Russian Federation shall be occupied by a citizen of the
United States who has passed, and shall be subject to, a thorough
background check.
(2) Extension.--The Secretary of State may extend the deadline
under paragraph (1) for up to one year by providing advance written
notification and justification of such extension to the appropriate
congressional committees.
(3) Progress report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on progress made
toward meeting the employment requirement under paragraph (1).
(b) Plan for Reduced Use of Locally Employed Staff.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
State, in coordination with other appropriate government agencies,
shall submit to the appropriate congressional committees a plan to
further reduce the reliance on locally employed staff in United States
diplomatic facilities in the Russian Federation. The plan shall, at a
minimum, include cost estimates, timelines, and numbers of employees to
be replaced.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
(d) Rule of Construction.--Nothing in this section shall be
construed to infringe on the power of the President, by and with the
advice and consent of the Senate, to appoint ambassadors, other public
ministers, and consuls.''
SEC. 314. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION
FACILITIES IN UNITED STATES DIPLOMATIC FACILITIES IN THE RUSSIAN
FEDERATION AND ADJACENT COUNTRIES.
(a) Sensitive Compartmented Information Facility Requirement.--Each
United States diplomatic facility that, after the date of the enactment
of this Act, is constructed in, or undergoes a construction upgrade in,
the Russian Federation, any country that shares a land border with the
Russian Federation, or any country that is a former member of the
Soviet Union shall be constructed to include a Sensitive Compartmented
Information Facility.
(b) National Security Waiver.--The Secretary of State may waive the
requirement under subsection (a) if the Secretary determines that such
waiver is in the national security interest of the United States and
submits a written justification to the appropriate congressional
committees not later than 180 days before exercising such waiver.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
Subtitle B--Reporting
SEC. 321. REPORT ON DECLASSIFICATION PROCESS.
Not later than December 31, 2016, the Director of National
Intelligence shall submit to Congress a report describing--
(1) proposals to improve the declassification process
throughout the intelligence community; and
(2) steps the intelligence community could take, or legislation
that may be necessary, to enable the National Declassification
Center to better accomplish the missions assigned to the Center by
Executive Order No. 13526 (75 Fed. Reg. 707).
SEC. 322. REPORT ON INTELLIGENCE COMMUNITY EFFICIENT SPENDING
TARGETS.
(a) In General.--Not later than April 1, 2016, and April 1, 2017,
the Director of National Intelligence shall submit to the congressional
intelligence committees a report on the status and effectiveness of
efforts to reduce administrative costs for the intelligence community
during the preceding year.
(b) Elements.--Each report under subsection (a) shall include for
each element of the intelligence community the following:
(1) A description of the status and effectiveness of efforts to
devise alternatives to government travel and promote efficient
travel spending, such as teleconferencing and video conferencing.
(2) A description of the status and effectiveness of efforts to
limit costs related to hosting and attending conferences.
(3) A description of the status and effectiveness of efforts to
assess information technology inventories and usage, and establish
controls, to reduce costs related to underutilized information
technology equipment, software, or services.
(4) A description of the status and effectiveness of efforts to
limit the publication and printing of hard copy documents.
(5) A description of the status and effectiveness of efforts to
improve the performance of Federal fleet motor vehicles and limit
executive transportation.
(6) A description of the status and effectiveness of efforts to
limit the purchase of extraneous promotional items, such as
plaques, clothing, and commemorative items.
(7) A description of the status and effectiveness of efforts to
consolidate and streamline workforce training programs to focus on
the highest priority workforce and mission needs.
(8) Such other matters relating to efforts to reduce
intelligence community administrative costs as the Director may
specify for purposes of this section.
SEC. 323. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) is amended by adding at the end the following:
``SEC. 511. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.
``(a) Annual Reports Required.--The Director of National
Intelligence shall annually submit to the congressional intelligence
committees a report on violations of law or executive order relating to
intelligence activities by personnel of an element of the intelligence
community that were identified during the previous calendar year.
``(b) Elements.--Each report submitted under subsection (a) shall,
consistent with the need to preserve ongoing criminal investigations,
include a description of, and any action taken in response to, any
violation of law or executive order (including Executive Order No.
12333 (50 U.S.C. 3001 note)) relating to intelligence activities
committed by personnel of an element of the intelligence community in
the course of the employment of such personnel that, during the
previous calendar year, was--
``(1) determined by the director, head, or general counsel of
any element of the intelligence community to have occurred;
``(2) referred to the Department of Justice for possible
criminal prosecution; or
``(3) substantiated by the inspector general of any element of
the intelligence community.''.
(b) Initial Report.--The first report required under section 511 of
the National Security Act of 1947, as added by subsection (a), shall be
submitted not later than one year after the date of the enactment of
this Act.
(c) Guidelines.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the head of each element of the intelligence
community, shall--
(1) issue guidelines to carry out section 511 of the National
Security Act of 1947, as added by subsection (a); and
(2) submit such guidelines to the congressional intelligence
committees.
(d) Table of Contents Amendment.--The table of sections in the
first section of the National Security Act of 1947 is amended by adding
after the item relating to section 510 the following new item:
``Sec. 511. Annual report on violations of law or executive order.''.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to alter any
requirement existing on the date of the enactment of this Act to submit
a report under any provision of law.
SEC. 324. ANNUAL REPORT ON INTELLIGENCE ACTIVITIES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--For each fiscal year and along with the budget
materials submitted in support of the budget of the Department of
Homeland Security pursuant to section 1105(a) of title 31, United
States Code, the Under Secretary for Intelligence and Analysis of the
Department shall submit to the congressional intelligence committees a
report for such fiscal year on each intelligence activity of each
intelligence component of the Department, as designated by the Under
Secretary, that includes the following:
(1) The amount of funding requested for each such intelligence
activity.
(2) The number of full-time employees funded to perform each
such intelligence activity.
(3) The number of full-time contractor employees (or the
equivalent of full-time in the case of part-time contractor
employees) funded to perform or in support of each such
intelligence activity.
(4) A determination as to whether each such intelligence
activity is predominantly in support of national intelligence or
departmental missions.
(5) The total number of analysts of the Intelligence Enterprise
of the Department that perform--
(A) strategic analysis; or
(B) operational analysis.
(b) Feasibility and Advisability Report.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Homeland
Security, acting through the Under Secretary for Intelligence and
Analysis, shall submit to the congressional intelligence committees a
report that--
(1) examines the feasibility and advisability of including the
budget request for all intelligence activities of each intelligence
component of the Department that predominantly support departmental
missions, as designated by the Under Secretary for Intelligence and
Analysis, in the Homeland Security Intelligence Program; and
(2) includes a plan to enhance the coordination of department-
wide intelligence activities to achieve greater efficiencies in the
performance of the Department of Homeland Security intelligence
functions.
(c) Intelligence Component of the Department.--In this section, the
term ``intelligence component of the Department'' has the meaning given
that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101).
SEC. 325. REPORT ON POLITICAL PRISON CAMPS IN NORTH KOREA.
(a) In General.--The Director of National Intelligence, in
consultation with the Secretary of State, shall submit to the
congressional intelligence committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of the
House of Representatives a report on political prison camps in North
Korea.
(b) Elements.--The report required by subsection (a) shall--
(1) describe the actions the United States is taking to support
implementation of the recommendations of the United Nations
Commission of Inquiry on Human Rights in the Democratic People's
Republic of Korea, including the eventual establishment of a
tribunal to hold individuals accountable for abuses; and
(2) include, with respect to each political prison camp in
North Korea to the extent information is available--
(A) the estimated prisoner population of each such camp;
(B) the geographical coordinates of each such camp;
(C) the reasons for confinement of the prisoners at each
such camp;
(D) a description of the primary industries and products
made at each such camp, and the end users of any goods produced
in such camp;
(E) information regarding involvement of any non-North
Korean entity or individual involved in the operations of each
such camp, including as an end user or source of any good or
products used in, or produced by, in such camp;
(F) information identifying individuals and agencies
responsible for conditions in each such camp at all levels of
the Government of North Korea;
(G) a description of the conditions under which prisoners
are confined, with respect to the adequacy of food, shelter,
medical care, working conditions, and reports of ill-treatment
of prisoners, at each such camp; and
(H) unclassified imagery, including satellite imagery, of
each such camp.
(c) Form.--The report required by subsection (a) shall be submitted
in an unclassified form and may include a classified annex if
necessary.
SEC. 326. ASSESSMENT OF SECURITY OF DOMESTIC OIL REFINERIES AND
RELATED RAIL TRANSPORTATION INFRASTRUCTURE.
(a) Assessment.--The Under Secretary of Homeland Security for
Intelligence and Analysis shall conduct an intelligence assessment of
the security of domestic oil refineries and related rail transportation
infrastructure.
(b) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Homeland Security for
Intelligence and Analysis shall submit to the congressional
intelligence committees--
(1) the results of the assessment required under subsection
(a); and
(2) any recommendations with respect to intelligence sharing or
intelligence collection to improve the security of domestic oil
refineries and related rail transportation infrastructure to
protect the communities surrounding such refineries or such
infrastructure from potential harm that the Under Secretary
considers appropriate.
SEC. 327. ENHANCED CONTRACTOR LEVEL ASSESSMENTS FOR THE
INTELLIGENCE COMMUNITY.
Section 506B(c) of the National Security Act of 1947 (50 U.S.C.
3098(c)) is amended--
(1) in paragraph (11), by striking ``or contracted'';
(2) by redesignating paragraph (12) as paragraph (13); and
(3) by inserting after paragraph (11) the following:
``(12) The best estimate of the number of intelligence
collectors and analysts contracted by each element of the
intelligence community and a description of the functions performed
by such contractors.''.
SEC. 328. ASSESSMENT OF THE EFFICACY OF MEMORANDA OF UNDERSTANDING
TO FACILITATE INTELLIGENCE-SHARING.
Not later than 90 days after the date of the enactment of this Act,
the Under Secretary of Homeland Security for Intelligence and Analysis,
in consultation with the Director of the Federal Bureau of
Investigation and the Program Manager of the Information Sharing
Environment, shall submit to the congressional intelligence committees,
the Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Homeland Security of the House of
Representatives, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives an
assessment of the efficacy of the memoranda of understanding signed
between Federal, State, local, tribal, and territorial agencies to
facilitate intelligence-sharing within and separate from the Joint
Terrorism Task Force. Such assessment shall include--
(1) any language within such memoranda of understanding that
prohibited or may be construed to prohibit intelligence-sharing
between Federal, State, local, tribal, and territorial agencies;
and
(2) any recommendations for memoranda of understanding to
better facilitate intelligence-sharing between Federal, State,
local, tribal, and territorial agencies.
SEC. 329. REPORT ON FOREIGN MAN-MADE ELECTROMAGNETIC PULSE WEAPONS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Committee on
Armed Services of the Senate, and the Committee on Armed Services of
the House of Representatives a report on the threat posed by man-made
electromagnetic pulse weapons to United States interests through 2025,
including threats from foreign countries and foreign non-State actors.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 330. REPORT ON UNITED STATES COUNTERTERRORISM STRATEGY TO
DISRUPT, DISMANTLE, AND DEFEAT AL-QAEDA AND ITS AFFILIATED OR
ASSOCIATED GROUPS.
(a) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a comprehensive
report on the United States counterterrorism strategy to disrupt,
dismantle, and defeat al-Qaeda and its affiliated or associated
groups.
(2) Coordination.--The report required by paragraph (1) shall
be prepared in coordination with the Secretary of State, the
Secretary of the Treasury, the Attorney General, and the Secretary
of Defense, and the head of any other department or agency of the
United States Government that has responsibility for activities
directed at combating al-Qaeda and its affiliated or associated
groups.
(3) Elements.--The report required by paragraph (1) shall
include the following:
(A) A definition of--
(i) al-Qaeda core, including a list of which known
individuals constitute al-Qaeda core;
(ii) an affiliated group of al-Qaeda, including a list
of which known groups constitute an affiliate group of al-
Qaeda;
(iii) an associated group of al-Qaeda, including a list
of which known groups constitute an associated group of al-
Qaeda; and
(iv) a group aligned with al-Qaeda, including a
description of what actions a group takes or statements it
makes that qualify it as a group aligned with al-Qaeda.
(B) A list of any other group, including the organization
that calls itself the Islamic State (also known as ``ISIS'' or
``ISIL''), that adheres to the core mission of al-Qaeda, or who
espouses the same violent jihad ideology as al-Qaeda.
(C) An assessment of the relationship between al-Qaeda core
and the groups referred to in subparagraph (B).
(D) An assessment of the strengthening or weakening of al-
Qaeda and the groups referred to in subparagraph (B) from
January 1, 2010, to the present, including a description of the
metrics that are used to assess strengthening or weakening and
an assessment of the relative increase or decrease in violent
attacks attributed to such entities.
(E) An assessment of whether or not an individual can be a
member of al-Qaeda core if such individual is not located in
Afghanistan or Pakistan.
(F) An assessment of whether or not an individual can be a
member of al-Qaeda core as well as a member of a group referred
to in subparagraph (B).
(G) A definition of defeat of core al-Qaeda.
(H) An assessment of the extent or coordination, command,
and control between core al-Qaeda and the groups referred to in
subparagraph (B), specifically addressing each such group.
(I) An assessment of the effectiveness of counterterrorism
operations against core al-Qaeda and the groups referred to in
subparagraph (B), and whether such operations have had a
sustained impact on the capabilities and effectiveness of core
al-Qaeda and such groups.
(4) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives.
SEC. 331. FEASIBILITY STUDY ON RETRAINING VETERANS IN
CYBERSECURITY.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, in consultation with the
Secretary of Defense, the Secretary of Veterans Affairs, and the
Secretary of Homeland Security, shall submit to Congress a feasibility
study on retraining veterans and retired members of elements of the
intelligence community in cybersecurity.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
