Legislation
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1705 Placed on Calendar Senate (PCS)]
Calendar No. 141
114th CONGRESS
1st Session
S. 1705
To authorize appropriations for fiscal year 2016 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 7, 2015
Mr. Burr 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 2016 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 2016''.
(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 INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Notification of appointment and separation of senior level
personnel of the intelligence community.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Director of National Intelligence
Sec. 401. Appointment and confirmation of the National
Counterintelligence Executive.
Sec. 402. Inclusion of Inspector General of the Intelligence Community
in Council of Inspectors General on
Integrity and Efficiency.
Sec. 403. Provision of information and assistance to Inspector General
of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 411. Analytic objectivity review.
Sec. 412. Authorities of the Inspector General for the Central
Intelligence Agency.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 501. Notice of deployment or transfer of Club-K container missile
system by the Russian Federation.
Sec. 502. Assessment on the funding of political parties and
nongovernmental organizations by the
Russian Federation.
Sec. 503. Assessment on the use of political assassinations as a form
of statecraft by the Russian Federation.
Subtitle B--Matters Relating to Other Countries
Sec. 511. Report on resources and collection posture with regard to the
South China Sea and East China Sea.
Sec. 512. Replacement of locally employed staff serving at United
States diplomatic facilities in Cuba.
Sec. 513. Inclusion of sensitive compartmented information facilities
in United States diplomatic facilities in
Cuba.
Sec. 514. Report on use by Iran of funds made available through
sanctions relief.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Intelligence oversight exception for contractual non-
disclosure provisions.
Sec. 602. Notification of changes to retention of call detail record
policies.
Sec. 603. Requirement to report terrorist activities and the unlawful
distribution of information relating to
explosives.
Sec. 604. Broadening the scope of the Office of the Director of
National Intelligence tradecraft review.
Sec. 605. Strategy for comprehensive interagency review of the United
States national security overhead satellite
architecture.
Sec. 606. Unauthorized dealings in special nuclear material.
Sec. 607. Enhancing government personnel security programs.
Sec. 608. Technical amendments relating to pay under title 5, United
States Code.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) 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.
(3) 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 2016
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, 2016, 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.
1705 of the One Hundred Fourteenth 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 2016 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) a detail, 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 2016 the sum of
$520,073,000. 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,
2017.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 785 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, 2017.
(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,
2016, 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 2016 the sum of
$514,000,000.
TITLE III--GENERAL INTELLIGENCE COMMUNITY 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. NOTIFICATION OF APPOINTMENT AND SEPARATION OF SENIOR LEVEL
PERSONNEL OF THE INTELLIGENCE COMMUNITY.
(a) Requirement to Notify.--The Director of National Intelligence
shall establish a policy to ensure that the head of each appropriate
element of the intelligence community shall notify the appropriate
committees of Congress, on a quarterly basis, of each appointment of an
individual to or separation from a senior level position during the
previous 3-month period.
(b) Senior Level Position Defined.--For the purpose of this
section, the term ``senior level position'' shall include positions in
the Senior National Intelligence Service, the Senior Intelligence
Service, the Senior Executive Service, the Defense Intelligence Senior
Executive Service, a Defense Intelligence Senior Leader, or similar
position within the intelligence community.
(c) Notification of Appointment.--A notification of the appointment
of an individual to a senior level position required by subsection (a)
shall include the following:
(1) A summary of the significant previous employment and
accomplishments of the individual, such as a career biography
and any academic degrees earned.
(2) Any other information appropriate to demonstrate that
the individual is well-qualified to meet the needs of the
intelligence community and that there is no significant and
credible information to suggest that the individual is unfit or
unqualified for such a position.
(d) Notification of Separation.--A notification of a separation of
an individual from a senior level position required by subsection (a)
shall include the effective date of the separation.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Director of National Intelligence
SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NATIONAL
COUNTERINTELLIGENCE EXECUTIVE.
Section 902(a) of the Counterintelligence Enhancement Act of 2002
(50 U.S.C. 3382) is amended to read as follows:
``(a) Establishment.--(1) There shall be a National
Counterintelligence Executive who shall be appointed by the President,
by and with the advice and consent of the Senate.
``(2) The President shall make an initial appointment of the
National Counterintelligence Executive under paragraph (1) not later
than one year after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2016.''.
SEC. 402. INCLUSION OF INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
IN COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY.
Section 11(b)(1)(B) of the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.) is amended by striking ``Office of the
Director of National Intelligence'' and inserting ``Intelligence
Community''.
SEC. 403. PROVISION OF INFORMATION AND ASSISTANCE TO INSPECTOR GENERAL
OF THE INTELLIGENCE COMMUNITY.
Section 103H(j)(4) of the National Security Act of 1947 (50 U.S.C.
3033(j)(4)) is amended--
(1) in subparagraph (A), by striking ``any department,
agency, or other element of the United States Government'' and
inserting ``any Federal, State (as defined in section 804), or
local governmental agency or unit thereof''; and
(2) in subparagraph (B), by inserting ``from a department,
agency, or element of the Federal Government'' before ``under
subparagraph (A)''.
Subtitle B--Central Intelligence Agency
SEC. 411. ANALYTIC OBJECTIVITY REVIEW.
(a) Assessment.--The Director of National Intelligence shall assign
the Chief of the Analytic Integrity and Standards Group, in
consultation with the Senior Analytic Service at the Central
Intelligence Agency, to conduct a review of finished intelligence
products produced by the Central Intelligence Agency to assess whether
the reorganization of the Agency, announced publicly on March 6, 2015,
has resulted in any loss of analytic objectivity.
(b) Submission.--Not later than March 6, 2017, the Director of
National Intelligence shall submit to the congressional intelligence
committees, in writing, the results of the review required under
subsection (a), including--
(1) an assessment comparing a representative sample of
finished intelligence products produced by the Central
Intelligence Agency before the reorganization and a
representative sample of such finished intelligence products
produced after the reorganization, with a focus on the analytic
standard of objectivity;
(2) an assessment comparing the historical results of
anonymous surveys of Central Intelligence Agency analysts and
customers conducted before the reorganization and the results
of such anonymous surveys conducted after the reorganization,
with a focus on the analytic standard of objectivity;
(3) a metrics-based evaluation measuring the effect that
the reorganization's integration of operational, analytic,
support, technical, and digital personnel and capabilities into
Mission Centers has had on analytic objectivity; and
(4) any recommendations for ensuring that Central
Intelligence Agency analysts perform their functions with
objectivity, are not unduly constrained, and are not influenced
by the force of preference for a particular policy.
SEC. 412. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
(a) Information and Assistance.--Paragraph (9) of section 17(e) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(9)) is
amended to read as follows:
``(9)(A) The Inspector General may request such information or
assistance as may be necessary for carrying out the duties and
responsibilities of the Inspector General provided by this section from
any Federal, State, or local governmental agency or unit thereof.
``(B) Upon request of the Inspector General for information or
assistance from a department or agency of the Federal Government, the
head of the department or agency involved, insofar as practicable and
not in contravention of any existing statutory restriction or
regulation of such department or agency, shall furnish to the Inspector
General, or to an authorized designee, such information or assistance.
``(C) Nothing in this paragraph may be construed to provide any new
authority to the Central Intelligence Agency to conduct intelligence
activity in the United States.
``(D) In this paragraph, the term State means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any territory or
possession of the United States.''.
(b) Technical Amendments Relating to Selection of Employees.--
Paragraph (7) of such section (50 U.S.C. 3517(e)(7)) is amended--
(1) by inserting ``(A)'' before ``Subject to applicable
law''; and
(2) by adding at the end the following new subparagraph:
``(B) Consistent with budgetary and personnel resources allocated
by the Director, the Inspector General has final approval of--
``(i) the selection of internal and external candidates for
employment with the Office of Inspector General; and
``(ii) all other personnel decisions concerning personnel
permanently assigned to the Office of Inspector General,
including selection and appointment to the Senior Intelligence
Service, but excluding all security-based determinations that
are not within the authority of a head of other Central
Intelligence Agency offices.''.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF CLUB-K CONTAINER MISSILE
SYSTEM BY THE RUSSIAN FEDERATION.
(a) Notice to Congress.--The Director of National Intelligence
shall submit to the appropriate committees of Congress written notice
if the intelligence community receives intelligence that the Russian
Federation has--
(1) deployed, or is about to deploy, the Club-K container
missile system through the Russian military; or
(2) transferred or sold, or intends to transfer or sell,
the Club-K container missile system to another state or non-
state actor.
(b) Notice to Congressional Intelligence Committees.--Not later
than 30 days after the date that a notice is submitted under subsection
(a), the Director of National Intelligence shall submit to the
congressional intelligence committees a written update regarding any
intelligence community engagement with a foreign partner on the
deployment and impacts of a deployment of the Club-K container missile
system to any potentially impacted nation.
SEC. 502. ASSESSMENT ON THE FUNDING OF POLITICAL PARTIES AND
NONGOVERNMENTAL ORGANIZATIONS BY THE RUSSIAN FEDERATION.
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 an intelligence community assessment
on the funding of political parties and nongovernmental organizations
in former Soviet States and Europe by the Russian Federation and the
Russian Federation security and intelligence services since January 1,
2006. Such assessment shall include the country involved, the entity
funded, the security service involved, and the intended impact.
SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSASSINATIONS AS A FORM
OF STATECRAFT BY THE RUSSIAN FEDERATION.
(a) Requirement for Assessment.--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 an
intelligence community assessment on the use of political
assassinations as a form of statecraft by the Russian Federation since
January 1, 2000.
(b) Content.--The assessment required by subsection (a) shall
include--
(1) a list of Russian politicians, businessmen, dissidents,
journalists, current or former government officials, foreign
heads-of-state, foreign political leaders, foreign journalists,
members of nongovernmental organization, and other relevant
individuals that the intelligence community assesses were
assassinated by Russian Security Services, or agents of such
Services, since January 1, 2000; and
(2) for each individual described in paragraph (1), the
country in which the assassination took place, the means used,
associated individuals and organizations, and other background
information related to the assassination of the individual.
Subtitle B--Matters Relating to Other Countries
SEC. 511. REPORT ON RESOURCES AND COLLECTION POSTURE WITH REGARD TO THE
SOUTH CHINA SEA AND EAST CHINA SEA.
(a) 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 congressional intelligence committees an intelligence
community assessment on the resources utilized for collection efforts
and the collection posture of the intelligence community with regard to
the South China Sea and East China Sea.
(b) Elements.--The intelligence community assessment required by
subsection (a) shall provide detailed information related to United
States intelligence collection with regard to the South China Sea and
East China Sea, to include--
(1) a review of intelligence community collection
activities and a description of these activities, to include
the lead agency, key partners, purpose of collection activity,
annual funding and personnel, the manner in which the
collection is conducted, and types of information collected;
(2) an explanation of how the intelligence community
prioritizes and coordinates collection activities focused on
the region; and
(3) a description of any collection and resourcing gaps and
efforts being made to address them.
SEC. 512. REPLACEMENT OF LOCALLY EMPLOYED STAFF SERVING AT UNITED
STATES DIPLOMATIC FACILITIES IN CUBA.
(a) Employment Requirement.--
(1) In general.--Except as provided under paragraph (2),
the Secretary of State shall ensure that, not later than 1 year
after the date of the enactment of this Act, every supervisory
position at a United States diplomatic facility in Cuba is
occupied by a citizen of the United States who has been
subjected to, and has passed, a thorough background check.
(2) Extension.--The Secretary of State may extend the
deadline under paragraph (1) for up to 1 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 a report to the appropriate congressional committees
that describes the progress made toward meeting the 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 Federal agencies, shall
submit a plan to the appropriate congressional committees for reducing
the reliance on locally employed staff in United States diplomatic
facilities in Cuba that includes 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 Foreign Relations and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION FACILITIES
IN UNITED STATES DIPLOMATIC FACILITIES IN CUBA.
(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 Cuba 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--
(1) determines that such waiver is in the national security
interest of the United States; and
(2) submits a written justification for such waiver to the
relevant congressional committees not later than 180 days
before exercising such waiver.
(c) Relevant Congressional Committees Defined.--In this section,
the term ``relevant congressional committees'' means--
(1) the appropriate committees of Congress;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAILABLE THROUGH
SANCTIONS RELIEF.
(a) In General.--At the times specified in subsection (b), the
Director of National Intelligence, in consultation with the Secretary
of the Treasury, shall submit to the appropriate congressional
committees a report assessing the following:
(1) The monetary value of any direct or indirect forms of
sanctions relief that Iran has received since the Joint Plan of
Action first entered into effect.
(2) How Iran has used funds made available through
sanctions relief, including the extent to which any such funds
have facilitated the ability of Iran--
(A) to provide support for--
(i) any individual or entity designated for
the imposition of sanctions for activities
relating to international terrorism pursuant to
an Executive order or by the Office of Foreign
Assets Control of the Department of the
Treasury on or before the enactment of this
Act;
(ii) any organization designated by the
Secretary of State as a foreign terrorist
organization under section 219(a) of the
Immigration and Nationality Act (8 U.S.C.
1189(a)) on or before the enactment of this
Act; or
(iii) any other terrorist organization,
including Hamas, Hezbollah, Palestinian Islamic
Jihad, or the regime of Bashar al-Assad in
Syria;
(B) to advance the efforts of Iran or any other
country to develop nuclear weapons or ballistic
missiles overtly or covertly; or
(C) to commit any violation of the human rights of
the people of Iran.
(3) The extent to which any senior officials of the
Government of Iran have diverted any funds from sanctions
relief into their personal accounts.
(b) Submission to Congress.--
(1) In general.--The Director shall submit the report
required by subsection (a) to the appropriate congressional
committees--
(A) not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter
while the Joint Plan of Action is in effect; and
(B) not later than one year after a subsequent
agreement with Iran relating to Iran's nuclear program
takes effect and annually thereafter while that
agreement remains in effect.
(2) Nonduplication.--The Director may submit the
information required by subsection (a) with a report required
to be submitted to Congress under another provision of law if--
(A) the Director notifies the appropriate
congressional committees of the intention of the
Director to do so before submitting that report; and
(B) all matters required to be covered by
subsection (a) are included in that report.
(c) Form of Reports.--Each report required by subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Finance, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Ways and
Means, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Joint plan of action.--The term ``Joint Plan of
Action'' means the Joint Plan of Action, signed at Geneva
November 24, 2013, by Iran and by France, Germany, the Russian
Federation, the People's Republic of China, the United Kingdom,
and the United States, and all implementing materials and
agreements related to the Joint Plan of Action, including the
technical understandings reached on January 12, 2014, the
extension thereto agreed to on July 18, 2014, and the extension
thereto agreed to on November 24, 2014.
TITLE VI--GENERAL PROVISIONS
SEC. 601. INTELLIGENCE OVERSIGHT EXCEPTION FOR CONTRACTUAL NON-
DISCLOSURE PROVISIONS.
(a) In General.--No provision of an intelligence contract that
prohibits the disclosure of information may be construed to prohibit an
element of the intelligence community from providing information to the
congressional intelligence committees.
(b) Intelligence Contract Defined.--In this section, the term
``intelligence contract'' means a contract entered into by an element
of the intelligence community.
(c) Limitation on Liability.--No cause of action shall lie in any
court against an element of the intelligence community or an officer,
employee, or contractor of such element that provides information
pursuant to subsection (a).
(d) Construction.--Nothing in this section may be construed to
modify the requirements of section 5.403 of title 48, Code of Federal
Regulations (related to requests from Members of Congress).
SEC. 602. NOTIFICATION OF CHANGES TO RETENTION OF CALL DETAIL RECORD
POLICIES.
(a) Requirement To Retain.--Not later than 15 days after learning
that an electronic communication service provider that generates call
detail records in the ordinary course of business has changed its
policy on the retention of such call detail records to result in a
retention period of less than 18 months, the Director of National
Intelligence shall provide written notification of such change to the
congressional intelligence committees.
(b) Definitions.--In this section:
(1) Call detail record.--The term ``call detail record''--
(A) means session-identifying information
(including an originating or terminating telephone
number, an International Mobile Subscriber Identity
number, or an International Mobile Station Equipment
Identity number), a telephone calling card number, or
the time or duration of a call; and
(B) does not include--
(i) the contents (as defined in section
2510(8) of title 18, United States Code) of any
communication;
(ii) the name, address, or financial
information of a subscriber or customer; or
(iii) cell site location or global
positioning system information.
(2) Electronic communication service.--The term
``electronic communication service'' has the meaning given that
term in section 2510 of title 18, United States Code.
SEC. 603. REQUIREMENT TO REPORT TERRORIST ACTIVITIES AND THE UNLAWFUL
DISTRIBUTION OF INFORMATION RELATING TO EXPLOSIVES.
(a) Duty To Report.--Whoever, while engaged in providing an
electronic communication service or a remote computing service to the
public through a facility or means of interstate or foreign commerce,
obtains actual knowledge of any terrorist activity, including the facts
or circumstances described in subsection (c) shall, as soon as
reasonably possible, provide to the appropriate authorities the facts
or circumstances of the alleged terrorist activities.
(b) Attorney General Determination.--The Attorney General shall
determine the appropriate authorities under subsection (a).
(c) Facts or Circumstances.--The facts or circumstances described
in this subsection, include any facts or circumstances from which there
is an apparent violation of section 842(p) of title 18, United States
Code, that involves distribution of information relating to explosives,
destructive devices, and weapons of mass destruction.
(d) Protection of Privacy.--Nothing in this section may be
construed to require an electronic communication service provider or a
remote computing service provider--
(1) to monitor any user, subscriber, or customer of that
provider; or
(2) to monitor the content of any communication of any
person described in paragraph (1).
SEC. 604. BROADENING THE SCOPE OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE TRADECRAFT REVIEW.
Section 1019(b)(2)(A) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3364(b)(2)(A)) is amended by striking
``and incorporate, where appropriate, alternative analyses; and'' and
inserting ``incorporate, where appropriate, alternative analyses, and
explain how substantially similar, contemporaneous intelligence
products are distinct in terms of source material, timeframe,
methodology, or other distinguishing analytic characteristic; and''.
SEC. 605. STRATEGY FOR COMPREHENSIVE INTERAGENCY REVIEW OF THE UNITED
STATES NATIONAL SECURITY OVERHEAD SATELLITE ARCHITECTURE.
(a) Requirement for Strategy.--The Director of National
Intelligence shall collaborate with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff to develop a strategy, with
milestones and benchmarks, to ensure that there is a comprehensive
interagency review of policies and practices for planning and acquiring
national security satellite systems and architectures, including the
capabilities of commercial systems and partner countries, consistent
with the National Space Policy issued on June 28, 2010. Such strategy
shall, where applicable, account for the unique missions and
authorities vested in the Department of Defense and the intelligence
community.
(b) Elements.--The strategy required by subsection (a) shall ensure
that the United States national security overhead satellite
architecture--
(1) meets the needs of the United States in peace time and
is resilient in war time;
(2) responsibly stewards the taxpayers' dollars;
(3) accurately takes into account cost and performance
tradeoffs;
(4) meets realistic requirements;
(5) produces excellence, innovation, competition, and a
robust industrial base;
(6) aims to produce innovative satellite systems in less
than 5 years that are able to leverage common, standardized
design elements and commercially available technologies;
(7) takes advantage of rapid advances in commercial
technology, innovation, and commercial-like acquisition
practices;
(8) is open to innovative concepts such as distributed,
disaggregated architectures that could allow for better
resiliency, reconstitution, replenishment, and rapid
technological refresh; and
(9) emphasizes deterrence and recognizes the importance of
offensive and defensive space control capabilities.
(c) Report on Strategy.--Not later than February 28, 2016, the
Director of National Intelligence, the Secretary of Defense, and the
Chairman of the Joint Chiefs of Staff 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 strategy required by subsection (a).
SEC. 606. UNAUTHORIZED DEALINGS IN SPECIAL NUCLEAR MATERIAL.
Section 57b.(2) of the Atomic Energy Act of 1954 (42 U.S.C.
2077(b)(2)) is amended in the first sentence in the proviso by
inserting ``the Director of National Intelligence,'' after
``Commerce,''.
SEC. 607. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS.
(a) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means an individual who has been determined eligible for access
to classified information or eligible to hold a sensitive
position.
(2) Periodic reinvestigations.--The term ``periodic
reinvestigations'' means investigations conducted periodically,
with a frequency as required by the Director of National
Intelligence, for the purpose of updating a previously
completed background investigation.
(b) Resolution of Backlog of Overdue Periodic Reinvestigations.--
(1) In general.--The Director of National Intelligence
shall develop and implement a plan to eliminate the backlog of
overdue periodic reinvestigations of covered individuals.
(2) Requirements.--The plan developed under paragraph (1)
shall--
(A) use a risk-based approach to--
(i) identify high-risk populations; and
(ii) prioritize reinvestigations that are
due or overdue to be conducted; and
(B) use random automated record checks of covered
individuals that shall include all covered individuals
in the pool of individuals subject to a one-time check.
(c) Enhanced Security Clearance Programs.--Part III of title 5,
United States Code, is amended by adding at the end the following:
``Subpart J--Enhanced Personnel Security Programs
``CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS
``Sec.
``11001. Enhanced personnel security programs.
``SEC. 11001. ENHANCED PERSONNEL SECURITY PROGRAMS.
``(a) Definitions.--In this section--
``(1) the term `agency' has the meaning given that term in
section 3001 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341);
``(2) the term `consumer reporting agency' has the meaning
given that term in section 603 of the Fair Credit Reporting Act
(15 U.S.C. 1681a);
``(3) the term `covered individual' means an individual who
has been determined eligible for access to classified
information or eligible to hold a sensitive position;
``(4) the term `enhanced personnel security program' means
a program implemented by an agency at the direction of the
Director of National Intelligence under subsection (b); and
``(5) the term `periodic reinvestigations' means
investigations conducted periodically, with a frequency as
required by the Director of National Intelligence, for the
purpose of updating a previously completed background
investigation.
``(b) Enhanced Personnel Security Program.--The Director of
National Intelligence shall direct each agency to implement a program
to provide enhanced security review of covered individuals--
``(1) in accordance with this section; and
``(2) not later than the earlier of--
``(A) the date that is 5 years after the date of
enactment of the Intelligence Authorization Act for
Fiscal Year 2016; or
``(B) the date on which the backlog of overdue
periodic reinvestigations of covered individuals is
eliminated, as determined by the Director of National
Intelligence.
``(c) Comprehensiveness.--
``(1) Sources of information.--The enhanced personnel
security program of an agency shall integrate relevant
information from various sources, including government,
publicly available, and commercial data sources, consumer
reporting agencies, social media, and such other sources as
determined by the Director of National Intelligence.
``(2) Types of information.--Information obtained and
integrated from sources described in paragraph (1) may
include--
``(A) information relating to any criminal or civil
legal proceeding;
``(B) financial information relating to the covered
individual, including the credit worthiness of the
covered individual;
``(C) public information, including news articles
or reports, that includes relevant security or
counterintelligence information about the covered
individual;
``(D) publicly available electronic information, to
include relevant security or counterintelligence
information on any social media website or forum, that
may suggest ill intent, vulnerability to blackmail,
compulsive behavior, allegiance to another country,
change in ideology, or any other information that may
suggest the covered individual lacks good judgment,
reliability or trustworthiness; and
``(E) data maintained on any terrorist or criminal
watch list maintained by any agency, State or local
government, or international organization.
``(d) Reviews of Covered Individuals.--
``(1) Reviews.--
``(A) In general.--The enhanced personnel security
program of an agency shall require that, not less than
2 times every 5 years, the head of the agency shall
conduct or request the conduct of automated record
checks and checks of information from sources under
subsection (c) to ensure the continued eligibility of
each covered individual employed by the agency or a
contractor of the agency, unless more frequent reviews
of automated record checks and checks of information
from sources under subsection (c) are conducted on the
covered individual.
``(B) Scope of reviews.--Except for a covered
individual who is subject to more frequent reviews to
ensure the continued eligibility of the covered
individual, the reviews under subparagraph (A) shall
consist of random or aperiodic checks of covered
individuals, such that each covered individual is
subject to at least 2 reviews during the 5-year period
beginning on the date on which the agency implements
the enhanced personnel security program of an agency,
and during each 5-year period thereafter.
``(C) Individual reviews.--A review of the
information relating to the continued eligibility of a
covered individual under subparagraph (A) may not be
conducted until after the end of the 120-day period
beginning on the date the covered individual receives
the notification required under paragraph (3).
``(2) Results.--The head of an agency shall take
appropriate action if a review under paragraph (1) finds
relevant information that may affect the continued eligibility
of a covered individual.
``(3) Information for covered individuals.--The head of an
agency shall ensure that each covered individual employed by
the agency or a contractor of the agency is adequately advised
of the types of relevant security or counterintelligence
information the covered individual is required to report to the
head of the agency.
``(4) Limitation.--Nothing in this subsection shall be
construed to affect the authority of an agency to determine the
appropriate weight to be given to information relating to a
covered individual in evaluating the continued eligibility of
the covered individual.
``(5) Guidance for minor financial or mental health
issues.--The Director of National Intelligence shall issue
guidance defining minor financial or mental health issues, in
accordance with this section and any direction from the
President.
``(6) Authority of the president.--Nothing in this
subsection shall be construed as limiting the authority of the
President to direct or perpetuate periodic reinvestigations of
a more comprehensive nature or to delegate the authority to
direct or perpetuate such reinvestigations.
``(e) Audit.--
``(1) In general.--Beginning 2 years after the date of
implementation of the enhanced personnel security program of an
agency under subsection (b), the Inspector General of the
agency shall conduct at least 1 audit to assess the
effectiveness and fairness, which shall be determined in
accordance with performance measures and standards established
by the Director of National Intelligence, to covered
individuals of the enhanced personnel security program of the
agency.
``(2) Submissions to the dni.--The results of each audit
conducted under paragraph (1) shall be submitted to the
Director of National Intelligence to assess the effectiveness
and fairness of the enhanced personnel security programs across
the Federal Government.''.
(d) Technical and Conforming Amendment.--The table of chapters for
part III of title 5, United States Code, is amended by adding at the
end following:
``Subpart J--Enhanced Personnel Security Programs
``110. Enhanced personnel security programs................ 11001''.
SEC. 608. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE 5, UNITED
STATES CODE.
Section 5102(a)(1) of title 5, United States Code, is amended--
(1) in clause (vii), by striking ``or'';
(2) by inserting after clause (vii) the following new
clause:
``(viii) the Office of the Director of National
Intelligence;''; and
(3) in clause (x), by striking the period and inserting a
semicolon.
Calendar No. 141
114th CONGRESS
1st Session
S. 1705
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2016 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 7, 2015
Read twice and placed on the calendar