[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 2741 Placed on Calendar Senate (PCS)]
Calendar No. 519
113th CONGRESS
2d Session
S. 2741
[Report No. 113-233]
To authorize appropriations for fiscal year 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2014
Mrs. Feinstein, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 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. Quadrennial Intelligence Strategic Review.
Sec. 304. Management and oversight of financial intelligence.
Sec. 305. Plan for applying private sector best practices to improving
insider threat detection.
Sec. 306. Procedures for the retention of incidentally acquired
communications.
Sec. 307. Feasibility study on consolidating classified cyber threat
indicator and malware databases.
Sec. 308. Sense of Congress on cybersecurity threat and cybercrime
cooperation with Ukraine.
Sec. 309. Replacement of locally employed staff serving at United
States diplomatic facilities in the Russian
Federation.
Sec. 310. Inclusion of restricted access spaces in United States
diplomatic facilities in the Russian
Federation and adjacent countries.
Subtitle B--Reporting
Sec. 311. Report on declassification process.
Sec. 312. Report on intelligence community efficient spending targets.
Sec. 313. Annual report on violations of law or executive order.
Sec. 314. Annual report on intelligence activities of the Department of
Homeland Security.
Sec. 315. Report on intelligence sharing with Ukraine.
Sec. 316. Report on political prison camps in North Korea.
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 S.
____ 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
$511,194,000. 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. QUADRENNIAL INTELLIGENCE STRATEGIC REVIEW.
(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. QUADRENNIAL INTELLIGENCE STRATEGIC REVIEW.
``(a) Requirement for Review.--Beginning in 2017, and once every
four years thereafter, the Director of National Intelligence shall
conduct a comprehensive review of the intelligence strategy,
capabilities, structure, policies, infrastructure, budget plans, and
other relevant aspects of intelligence programs and activities of the
United States to meet national security objectives for the next ten
years. Such a review shall be known as a `Quadrennial Intelligence
Strategic Review'.
``(b) Consultation.--The Director of National Intelligence shall
conduct each Quadrennial Intelligence Strategic Review required by
subsection (a) in consultation with--
``(1) the heads of appropriate agencies and departments of
the United States, including the Secretary of Defense, the
Attorney General, the Secretary of State, the Secretary of the
Treasury, the Secretary of Homeland Security, and the Director
of the Office of Management and Budget;
``(2) the head of each element of the intelligence
community and other appropriate officials in the intelligence
community; and
``(3) other relevant governmental and nongovernmental
officials, including State, local, and tribal government
officials, members of Congress, private sector representatives,
academics, and other experts.
``(c) Conduct of Review.--Each Quadrennial Intelligence Strategic
Review 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 intelligence strategies of other
departments and agencies of the United States; and
``(C) other national-level plans;
``(2) address matters related to national and military
intelligence, including counterintelligence;
``(3) describe the products, services, and support that
United States intelligence should provide to advance national
interests and objectives of the United States;
``(4) identify the major national security missions that
the intelligence community is currently pursuing and will purse
in the future, and how the intelligence community will pursue
such missions;
``(5) assess the current, emerging, and future threats to
the intelligence community, including threats from foreign
intelligence and security services and insider threats, and how
the intelligence community plans to address such threats;
``(6) outline the organizational roles and missions of the
elements of the intelligence community as part of an integrated
enterprise to meet current, emerging, and future customer
demands;
``(7) describe the levels and types of partnerships,
including partnerships with foreign intelligence and security
services, industry, and other agencies and departments of the
United States, required to implement the strategy described in
paragraph (1);
``(8) describe the levels and types of capabilities,
including personnel, technologies, and platforms, required to
implement the strategy described in paragraph (1);
``(9) identify sources of strategic, institutional,
programmatic, technological, and interoperability risks, and
how the intelligence community plans to address such risks;
``(10) address budgetary and personnel requirements; and
``(11) describe how the intelligence community will
implement the strategy described in paragraph (1), while
comporting with democratic norms and values.
``(d) Requirement for Report.--
``(1) In general.--The Director of National Intelligence
shall submit to the congressional intelligence committees a
report on each Quadrennial Intelligence Strategic Review
required by subsection (a).
``(2) Timing of submission.--Each report shall be submitted
in the year following the year in which the Quadrennial
Intelligence Strategic Review is conducted, not later than the
date on which the President submits the budget for the next
fiscal year under section 1105(a) of title 31, United States
Code.
``(3) Content.--Each report required by paragraph (1) shall
include the following:
``(A) The results of the Quadrennial Intelligence
Strategic Review, including a comprehensive discussion
of national intelligence strategy in the context of
national security interests and objectives.
``(B) A description of the assumptions used in the
Quadrennial Intelligence Strategic Review, including
assumptions related to--
``(i) the anticipated security environment;
``(ii) the role of foreign services,
commercial partners, and contractors;
``(iii) fiscal conditions; and
``(iv) anticipated foreign competitor
response.
``(C) The size, distribution, and types of
capabilities that will be required to carry out the
strategy described in subsection (c)(1), including
capabilities for collection, language competency, and
information technology.
``(D) The role of agencies and departments of the
United States that are not elements of the intelligence
community to support the strategy described in
subsection (c)(1).
``(E) An analysis of the organizational roles and
missions between and among the elements in the
intelligence community, other agencies and departments
of the United States, and State, local, tribal, and
territorial governments in supporting the strategy
described in subsection (c)(1).
``(F) An analysis of how laws, policies,
regulations, international norms, and democratic values
guide United States intelligence.''.
(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. Quadrennial Intelligence Strategic Review.''.
SEC. 304. 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. 305. PLAN FOR APPLYING PRIVATE SECTOR BEST PRACTICES TO IMPROVING
INSIDER THREAT DETECTION.
(a) Requirement for Plan.--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 a strategic plan
for applying private sector best practices for employee access and
monitoring systems to certain positions within the intelligence
community, in accordance with applicable legal authorities and with
appropriate privacy and civil liberties protections.
(b) Content.--The plan required by subsection (a) shall include--
(1) a review of how the intelligence community could better
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 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. 306. 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.--The procedures required by paragraph (1)
shall apply to any intelligence collection activity that is
reasonably anticipated to result in the acquisition of covered
communications to or from a United States person not otherwise
authorized by court order (including an order 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 and shall permit the
acquisition, retention, and dissemination of covered
communications subject to the following limitations:
(A) 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, 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.
(B) Access to covered communications shall be
limited to persons who have a legitimate need to know
and have received training on application of the
applicable procedures approved by the Attorney General.
SEC. 307. FEASIBILITY STUDY ON CONSOLIDATING CLASSIFIED CYBER THREAT
INDICATOR AND MALWARE DATABASES.
(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 cyber threat
indicator and malware sample databases in the intelligence community.
(b) Elements.--The feasibility study required by subsection (a)
shall include the following:
(1) An inventory of classified cyber threat indicator and
malware sample databases 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 collection sensitivities and
authority concerns preventing 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. 308. 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 the previous practice of ignoring
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. 309. 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 Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the House
of Representatives.
SEC. 310. INCLUSION OF RESTRICTED ACCESS SPACES IN UNITED STATES
DIPLOMATIC FACILITIES IN THE RUSSIAN FEDERATION AND
ADJACENT COUNTRIES.
(a) Restricted Access Space 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 restricted access space.
(b) National Security Waiver.--The Secretary of State may waive the
requirement under subsection (a) if the Secretary determines that it 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 Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the House
of Representatives.
Subtitle B--Reporting
SEC. 311. REPORT ON DECLASSIFICATION PROCESS.
Not later than 180 days after the date of the enactment of this
Act, 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. 312. 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. 313. 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 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. 314. 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. 315. REPORT ON INTELLIGENCE SHARING WITH UKRAINE.
(a) Sense of Congress Regarding Intelligence Sharing With
Ukraine.--Consistent with United States national security interests and
current law, it is the sense of Congress that the President, working
with the North Atlantic Treaty Organization, should as quickly as
possible provide the Government and armed forces of Ukraine with
appropriate intelligence sharing support.
(b) Report on Intelligence Sharing With Ukraine.--
(1) Report required.--Not later than 30 days after the date
of the enactment of this Act, and every 180 days thereafter,
the Director of National Intelligence and Secretary of Defense
shall conduct an assessment of United States intelligence
sharing with the Government of Ukraine and submit to the
congressional intelligence committees a report on that
assessment.
(2) Elements.--At a minimum, each report required by
paragraph (1) shall provide detailed information related to
United States intelligence sharing with the Government of
Ukraine for the following matters:
(A) Intelligence sharing and related training,
equipment, supplies, and services, including the type,
quantity, and prioritization of such items.
(B) The actual or estimated date that the
Government of the United States has provided or plans
to provide the Government of Ukraine with intelligence
and related training, equipment, supplies, and
services.
(C) An assessment of the types and quantities of
assistance to the Government of Ukraine that would most
effectively improve the readiness and capabilities of
the intelligence service of Ukraine.
(D) An assessment of the measures necessary to
protect any United States personnel that may be made
available to the Government of Ukraine.
(E) A description of the intelligence sharing the
Government of the United States has conducted with the
Government of Ukraine during the previous 6-month
period.
(F) A description of the intelligence sharing the
Government of the United States plans to conduct with
the Government of Ukraine during the following 1-year
period.
(G) An assessment of the intelligence and military
assistance, including equipment, supplies, and
weaponry, provided by the Government of the Russian
Federation to irregular forces in Ukraine since
February 22, 2014.
(3) Termination.--The requirements of this subsection shall
terminate on January 31, 2017.
SEC. 316. 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 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.
Calendar No. 519
113th CONGRESS
2d Session
S. 2741
[Report No. 113-233]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 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.
_______________________________________________________________________
July 31, 2014
Read twice and placed on the calendar
