[Congressional Record Volume 160, Number 99 (Tuesday, June 24, 2014)]
[House]
[Pages H5700-H5712]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2014
Mr. ROGERS of Michigan. Mr. Speaker, I move to suspend the rules and
pass the bill (S. 1681) to authorize appropriations for fiscal year
2014 for intelligence and intelligence-related activities of the United
States Government and the Office of the Director of National
Intelligence, the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 1681
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2014''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. CIARDS and FERS special retirement credit for service on
detail to another agency.
TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Specific authorization of funding for High Performance
Computing Center 2.
[[Page H5701]]
Sec. 304. Clarification of exemption from Freedom of Information Act of
identities of employees submitting complaints to the
Inspector General of the Intelligence Community.
Sec. 305. Functional managers for the intelligence community.
Sec. 306. Annual assessment of intelligence community performance by
function.
Sec. 307. Software licensing.
Sec. 308. Plans to respond to unauthorized public disclosures of covert
actions.
Sec. 309. Auditability.
Sec. 310. Reports of fraud, waste, and abuse.
Sec. 311. Public Interest Declassification Board.
Sec. 312. Official representation items in support of the Coast Guard
Attache Program.
Sec. 313. Declassification review of certain items collected during the
mission that killed Osama bin Laden on May 1, 2011.
Sec. 314. Merger of the Foreign Counterintelligence Program and the
General Defense Intelligence Program.
Subtitle B--Reporting
Sec. 321. Significant interpretations of law concerning intelligence
activities.
Sec. 322. Review for official publication of opinions of the Office of
Legal Counsel of the Department of Justice concerning
intelligence activities.
Sec. 323. Submittal to Congress by heads of elements of intelligence
community of plans for orderly shutdown in event of
absence of appropriations.
Sec. 324. Reports on chemical weapons in Syria.
Sec. 325. Reports to the intelligence community on penetrations of
networks and information systems of certain contractors.
Sec. 326. Report on electronic waste.
Sec. 327. Promoting STEM education to meet the future workforce needs
of the intelligence community.
Sec. 328. Repeal of the termination of notification requirements
regarding the authorized disclosure of national
intelligence.
Sec. 329. Repeal or modification of certain reporting requirements.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--National Security Agency
Sec. 401. Appointment of the Director of the National Security Agency.
Sec. 402. Appointment of the Inspector General of the National Security
Agency.
Sec. 403. Effective date and applicability.
Subtitle B--National Reconnaissance Office
Sec. 411. Appointment of the Director of the National Reconnaissance
Office.
Sec. 412. Appointment of the Inspector General of the National
Reconnaissance Office.
Sec. 413. Effective date and applicability.
Subtitle C--Central Intelligence Agency
Sec. 421. Gifts, devises, and bequests.
TITLE V--SECURITY CLEARANCE REFORM
Sec. 501. Continuous evaluation and sharing of derogatory information
regarding personnel with access to classified
information.
Sec. 502. Requirements for intelligence community contractors.
Sec. 503. Technology improvements to security clearance processing.
Sec. 504. Report on reciprocity of security clearances.
Sec. 505. Improving the periodic reinvestigation process.
Sec. 506. Appropriate committees of Congress defined.
TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS
Sec. 601. Protection of intelligence community whistleblowers.
Sec. 602. Review of security clearance or access determinations.
Sec. 603. Revisions of other laws.
Sec. 604. Policies and procedures; nonapplicability to certain
terminations.
TITLE VII--TECHNICAL AMENDMENTS
Sec. 701. Technical amendments to the Central Intelligence Agency Act
of 1949.
Sec. 702. Technical amendments to the National Security Act of 1947
relating to the past elimination of certain positions.
Sec. 703. Technical amendments to the Intelligence Authorization Act
for Fiscal Year 2013.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2014 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The
amounts authorized to be appropriated under section 101 and,
subject to section 103, the authorized personnel ceilings as
of September 30, 2014, for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through
(16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany the bill S.
1681 of the One Hundred Thirteenth Congress.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National
Intelligence may authorize employment of civilian personnel
in excess of the number authorized for fiscal year 2014 by
the classified Schedule of Authorizations referred to in
section 102(a) if the Director of National Intelligence
determines that such action is necessary to the performance
of important intelligence functions, except that the number
of personnel employed in excess of the number authorized
under such section may not, for any element of the
intelligence community, exceed 3 percent of the number of
civilian personnel authorized under such Schedule for such
element.
(b) Treatment of Certain Personnel.--The Director of
National Intelligence shall establish guidelines that govern,
for each element of the intelligence community, the treatment
under the personnel levels authorized under section 102(a),
including any exemption from such personnel levels, of
employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The
Director of National Intelligence shall notify the
congressional intelligence committees in writing at least 15
days prior to each exercise of an authority described in
subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2014 the sum of $528,229,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2015.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 855 positions as of
September 30, 2014. Personnel serving in such elements may be
permanent employees of the Office of the Director of National
Intelligence or personnel detailed from other elements of the
United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
[[Page H5702]]
authorized to be appropriated for the Community Management
Account for fiscal year 2014 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced research and development shall remain available
until September 30, 2015.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2014, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2014 the sum of $514,000,000.
SEC. 202. CIARDS AND FERS SPECIAL RETIREMENT CREDIT FOR
SERVICE ON DETAIL TO ANOTHER AGENCY.
(a) In General.--Section 203(b) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2013(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``service in the Agency performed'' and inserting ``service
performed by an Agency employee''; and
(2) in paragraph (1), by striking ``Agency activities'' and
inserting ``intelligence activities''.
(b) Application.--The amendment made by subsection (a)
shall be applied to retired or deceased officers of the
Central Intelligence Agency who were designated at any time
under section 203 of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2013) prior to the date of the
enactment of this Act.
TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. SPECIFIC AUTHORIZATION OF FUNDING FOR HIGH
PERFORMANCE COMPUTING CENTER 2.
Funds appropriated for the construction of the High
Performance Computing Center 2 (HPCC 2), as described in the
table entitled Consolidated Cryptologic Program (CCP) in the
classified annex to accompany the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6; 127
Stat. 198), in excess of the amount specified for such
activity in the tables in the classified annex prepared to
accompany the Intelligence Authorization Act for Fiscal Year
2013 (Public Law 112-277; 126 Stat. 2468) shall be
specifically authorized by Congress for the purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
3094).
SEC. 304. CLARIFICATION OF EXEMPTION FROM FREEDOM OF
INFORMATION ACT OF IDENTITIES OF EMPLOYEES
SUBMITTING COMPLAINTS TO THE INSPECTOR GENERAL
OF THE INTELLIGENCE COMMUNITY.
Section 103H(g)(3)(A) of the National Security Act of 1947
(50 U.S.C. 3033(g)(3)(A)) is amended by striking
``undertaken;'' and inserting ``undertaken, and this
provision shall qualify as a withholding statute pursuant to
subsection (b)(3) of section 552 of title 5, United States
Code (commonly known as the `Freedom of Information Act');''.
SEC. 305. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY.
(a) Functional Managers Authorized.--Title I of the
National Security Act of 1947 (50 U.S.C. 3021 et seq.) is
amended by inserting after section 103I the following new
section:
``SEC. 103J. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE
COMMUNITY.
``(a) Functional Managers Authorized.--The Director of
National Intelligence may establish within the intelligence
community one or more positions of manager of an intelligence
function. Any position so established may be known as the
`Functional Manager' of the intelligence function concerned.
``(b) Personnel.--The Director shall designate individuals
to serve as manager of intelligence functions established
under subsection (a) from among officers and employees of
elements of the intelligence community.
``(c) Duties.--Each manager of an intelligence function
established under subsection (a) shall have the duties as
follows:
``(1) To act as principal advisor to the Director on the
intelligence function.
``(2) To carry out such other responsibilities with respect
to the intelligence function as the Director may specify for
purposes of this section.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 103I
the following new item:
``Sec. 103J. Functional managers for the intelligence community.''.
SEC. 306. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY
PERFORMANCE BY FUNCTION.
(a) Annual Assessments Required.--Title V of the National
Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by
inserting after section 506I the following new section:
``SEC. 506J. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY
PERFORMANCE BY FUNCTION.
``(a) In General.--Not later than April 1, 2016, and each
year thereafter, the Director of National Intelligence shall,
in consultation with the Functional Managers, submit to the
congressional intelligence committees a report on covered
intelligence functions during the preceding year.
``(b) Elements.--Each report under subsection (a) shall
include for each covered intelligence function for the year
covered by such report the following:
``(1) An identification of the capabilities, programs, and
activities of such intelligence function, regardless of the
element of the intelligence community that carried out such
capabilities, programs, and activities.
``(2) A description of the investment and allocation of
resources for such intelligence function, including an
analysis of the allocation of resources within the context of
the National Intelligence Strategy, priorities for recipients
of resources, and areas of risk.
``(3) A description and assessment of the performance of
such intelligence function.
``(4) An identification of any issues related to the
application of technical interoperability standards in the
capabilities, programs, and activities of such intelligence
function.
``(5) An identification of the operational overlap or need
for de-confliction, if any, within such intelligence
function.
``(6) A description of any efforts to integrate such
intelligence function with other intelligence disciplines as
part of an integrated intelligence enterprise.
``(7) A description of any efforts to establish consistency
in tradecraft and training within such intelligence function.
``(8) A description and assessment of developments in
technology that bear on the future of such intelligence
function.
``(9) Such other matters relating to such intelligence
function as the Director may specify for purposes of this
section.
``(c) Definitions.--In this section:
``(1) The term `covered intelligence functions' means each
intelligence function for which a Functional Manager has been
established under section 103J during the year covered by a
report under this section.
``(2) The term `Functional Manager' means the manager of an
intelligence function established under section 103J.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 506I
the following new item:
``Sec. 506J. Annual assessment of intelligence community performance by
function.''.
SEC. 307. SOFTWARE LICENSING.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by inserting after
section 108 the following new section:
``SEC. 109. SOFTWARE LICENSING.
``(a) Requirement for Inventories of Software Licenses.--
The chief information officer of each element of the
intelligence community, in consultation with the Chief
Information Officer of the Intelligence Community, shall
biennially--
``(1) conduct an inventory of all existing software
licenses of such element, including utilized and unutilized
licenses;
``(2) assess the actions that could be carried out by such
element to achieve the greatest possible economies of scale
and associated cost savings in software procurement and
usage; and
``(3) submit to the Chief Information Officer of the
Intelligence Community each inventory required by paragraph
(1) and each assessment required by paragraph (2).
``(b) Inventories by the Chief Information Officer of the
Intelligence Community.--The Chief Information Officer of the
Intelligence Community, based on the inventories and
assessments required by subsection (a), shall biennially--
``(1) compile an inventory of all existing software
licenses of the intelligence community, including utilized
and unutilized licenses; and
``(2) assess the actions that could be carried out by the
intelligence community to achieve the greatest possible
economies of scale and associated cost savings in software
procurement and usage.
``(c) Reports to Congress.--The Chief Information Officer
of the Intelligence Community shall submit to the
congressional intelligence committees a copy of each
inventory compiled under subsection (b)(1).''.
(b) Initial Inventory.--
(1) Intelligence community elements.--
(A) Date.--Not later than 120 days after the date of the
enactment of this Act, the chief information officer of each
element of the intelligence community shall complete the
initial inventory, assessment, and submission required under
section 109(a) of the
[[Page H5703]]
National Security Act of 1947, as added by subsection (a) of
this section.
(B) Basis.--The initial inventory conducted for each
element of the intelligence community under section 109(a)(1)
of the National Security Act of 1947, as added by subsection
(a) of this section, shall be based on the inventory of
software licenses conducted pursuant to section 305 of the
Intelligence Authorization Act for Fiscal Year 2013 (Public
Law 112-277; 126 Stat. 2472) for such element.
(2) Chief information officer of the intelligence
community.--Not later than 180 days after the date of the
enactment of this Act, the Chief Information Officer of the
Intelligence Community shall complete the initial compilation
and assessment required under section 109(b) of the National
Security Act of 1947, as added by subsection (a).
(c) Table of Contents Amendments.--The table of contents in
the first section of the National Security Act of 1947 is
amended--
(1) by striking the second item relating to section 104
(relating to Annual national security strategy report); and
(2) inserting after the item relating to section 108 the
following new item:
``Sec. 109. Software licensing.''.
SEC. 308. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC DISCLOSURES
OF COVERT ACTIONS.
Section 503 of the National Security Act of 1947 (50 U.S.C.
3093) is amended by adding at the end the following new
subsection:
``(h) For each type of activity undertaken as part of a
covert action, the President shall establish in writing a
plan to respond to the unauthorized public disclosure of that
type of activity.''.
SEC. 309. AUDITABILITY.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end
the following new section:
``SEC. 509. AUDITABILITY OF CERTAIN ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
``(a) Requirement for Annual Audits.--The head of each
covered entity shall ensure that there is a full financial
audit of such covered entity each year beginning with fiscal
year 2014. Such audits may be conducted by an internal or
external independent accounting or auditing organization.
``(b) Requirement for Unqualified Opinion.--Beginning as
early as practicable, but in no event later than the audit
required under subsection (a) for fiscal year 2016, the head
of each covered entity shall take all reasonable steps
necessary to ensure that each audit required under subsection
(a) contains an unqualified opinion on the financial
statements of such covered entity for the fiscal year covered
by such audit.
``(c) Reports to Congress.--The chief financial officer of
each covered entity shall provide to the congressional
intelligence committees an annual audit report from an
accounting or auditing organization on each audit of the
covered entity conducted pursuant to subsection (a).
``(d) Covered Entity Defined.--In this section, the term
`covered entity' means the Office of the Director of National
Intelligence, the Central Intelligence Agency, the Defense
Intelligence Agency, the National Security Agency, the
National Reconnaissance Office, and the National Geospatial-
Intelligence Agency.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 508
the following new item:
``Sec. 509. Auditability of certain elements of the intelligence
community.''.
SEC. 310. REPORTS OF FRAUD, WASTE, AND ABUSE.
Section 8H(a) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended in paragraph (1)--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(2) by inserting after subparagraph (A) the following:
``(B) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of a contractor to
the intelligence community, who intends to report to Congress
a complaint or information with respect to an urgent concern
may report such complaint or information to the Inspector
General of the Intelligence Community.''; and
(3) in subparagraph (D), as redesignated by paragraph (1)--
(A) by striking ``Act or section 17'' and inserting ``Act,
section 17''; and
(B) by striking the period at the end and inserting ``, or
section 103H(k) of the National Security Act of 1947 (50
U.S.C. 3033(k)).''.
SEC. 311. PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act
of 2000 (Public Law 106-567; 50 U.S.C. 3161 note) is amended
by striking ``2014.'' and inserting ``2018.''.
SEC. 312. OFFICIAL REPRESENTATION ITEMS IN SUPPORT OF THE
COAST GUARD ATTACHE PROGRAM.
Notwithstanding any other limitation on the amount of funds
that may be used for official representation items, the
Secretary of Homeland Security may use funds made available
to the Secretary through the National Intelligence Program
for necessary expenses for intelligence analysis and
operations coordination activities for official
representation items in support of the Coast Guard Attache
Program.
SEC. 313. DECLASSIFICATION REVIEW OF CERTAIN ITEMS COLLECTED
DURING THE MISSION THAT KILLED OSAMA BIN LADEN
ON MAY 1, 2011.
Not later than 120 days after the date of the enactment of
this Act, the Director of National Intelligence shall--
(1) in the manner described in the classified annex to this
Act--
(A) complete a declassification review of documents
collected in Abbottabad, Pakistan, during the mission that
killed Osama bin Laden on May 1, 2011; and
(B) make publicly available any information declassified as
a result of the declassification review required under
paragraph (1); and
(2) report to the congressional intelligence committees--
(A) the results of the declassification review required
under paragraph (1); and
(B) a justification for not declassifying any information
required to be included in such declassification review that
remains classified.
SEC. 314. MERGER OF THE FOREIGN COUNTERINTELLIGENCE PROGRAM
AND THE GENERAL DEFENSE INTELLIGENCE PROGRAM.
Notwithstanding any other provision of law, the Director of
National Intelligence shall carry out the merger of the
Foreign Counterintelligence Program into the General Defense
Intelligence Program as directed in the classified annex to
this Act. The merger shall go into effect no earlier than 30
days after written notification of the merger is provided to
the congressional intelligence committees.
Subtitle B--Reporting
SEC. 321. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING
INTELLIGENCE ACTIVITIES.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 3021 et seq.), as added by section 309 of
this Act, is further amended by adding at the end the
following new section:
``SEC. 510. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING
INTELLIGENCE ACTIVITIES.
``(a) Notification.--Except as provided in subsection (c)
and to the extent consistent with due regard for the
protection from unauthorized disclosure of classified
information relating to sensitive intelligence sources and
methods or other exceptionally sensitive matters, the General
Counsel of each element of the intelligence community shall
notify the congressional intelligence committees, in writing,
of any significant legal interpretation of the United States
Constitution or Federal law affecting intelligence activities
conducted by such element by not later than 30 days after the
date of the commencement of any intelligence activity
pursuant to such interpretation.
``(b) Content.--Each notification under subsection (a)
shall provide a summary of the significant legal
interpretation and the intelligence activity or activities
conducted pursuant to such interpretation.
``(c) Exceptions.--A notification under subsection (a)
shall not be required for a significant legal interpretation
if--
``(1) notice of the significant legal interpretation was
previously provided to the congressional intelligence
committees under subsection (a); or
``(2) the significant legal interpretation was made before
the date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2014.
``(d) Limited Access for Covert Action.--If the President
determines that it is essential to limit access to a covert
action finding under section 503(c)(2), the President may
limit access to information concerning such finding that is
subject to notification under this section to those members
of Congress who have been granted access to the relevant
finding under section 503(c)(2).''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 509,
as so added, the following new item:
``Sec. 510. Significant interpretations of law concerning intelligence
activities.''.
SEC. 322. REVIEW FOR OFFICIAL PUBLICATION OF OPINIONS OF THE
OFFICE OF LEGAL COUNSEL OF THE DEPARTMENT OF
JUSTICE CONCERNING INTELLIGENCE ACTIVITIES.
(a) Process for Review for Official Publication.--Not later
than 180 days after the date of the enactment of this Act,
the Attorney General shall, in coordination with the Director
of National Intelligence, establish a process for the regular
review for official publication of significant opinions of
the Office of Legal Counsel of the Department of Justice that
have been provided to an element of the intelligence
community.
(b) Factors.--The process of review of opinions established
under subsection (a) shall include consideration of the
following:
(1) The potential importance of an opinion to other
agencies or officials in the Executive branch.
(2) The likelihood that similar questions addressed in an
opinion may arise in the future.
(3) The historical importance of an opinion or the context
in which it arose.
[[Page H5704]]
(4) The potential significance of an opinion to the overall
jurisprudence of the Office of Legal Counsel.
(5) Such other factors as the Attorney General and the
Director of National Intelligence consider appropriate.
(c) Presumption.--The process of review established under
subsection (a) shall apply a presumption that significant
opinions of the Office of Legal Counsel should be published
when practicable, consistent with national security and other
confidentiality considerations.
(d) Construction.--Nothing in this section shall require
the official publication of any opinion of the Office of
Legal Counsel, including publication under any circumstance
as follows:
(1) When publication would reveal classified or other
sensitive information relating to national security.
(2) When publication could reasonably be anticipated to
interfere with Federal law enforcement efforts or is
prohibited by law.
(3) When publication would conflict with preserving
internal Executive branch deliberative processes or
protecting other information properly subject to privilege.
(e) Requirement To Provide Classified Opinions to
Congress.--
(1) In general.--Any opinion of the Office of Legal Counsel
that would have been selected for publication under the
process of review established under subsection (a) but for
the fact that publication would reveal classified or other
sensitive information relating to national security shall be
provided or made available to the appropriate committees of
Congress.
(2) Exception for covert action.--If the President
determines that it is essential to limit access to a covert
action finding under section 503(c)(2) of the National
Security Act of 1947 (50 U.S.C. 3093(c)(2)), the President
may limit access to information concerning such finding that
would otherwise be provided or made available under this
subsection to those members of Congress who have been granted
access to such finding under such section 503(c)(2).
(f) Judicial Review.--The determination whether an opinion
of the Office of Legal Counsel is appropriate for official
publication under the process of review established under
subsection (a) is discretionary and is not subject to
judicial review.
SEC. 323. SUBMITTAL TO CONGRESS BY HEADS OF ELEMENTS OF
INTELLIGENCE COMMUNITY OF PLANS FOR ORDERLY
SHUTDOWN IN EVENT OF ABSENCE OF APPROPRIATIONS.
(a) In General.--Whenever the head of an applicable agency
submits a plan to the Director of the Office of Management
and Budget in accordance with section 124 of Office of
Management and Budget Circular A-11, pertaining to agency
operations in the absence of appropriations, or any successor
circular of the Office that requires the head of an
applicable agency to submit to the Director a plan for an
orderly shutdown in the event of the absence of
appropriations, such head shall submit a copy of such plan to
the following:
(1) The congressional intelligence committees.
(2) The Subcommittee on Defense of the Committee on
Appropriations of the Senate.
(3) The Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(4) In the case of a plan for an element of the
intelligence community that is within the Department of
Defense, to--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(b) Head of an Applicable Agency Defined.--In this section,
the term ``head of an applicable agency'' includes the
following:
(1) The Director of National Intelligence.
(2) The Director of the Central Intelligence Agency.
(3) Each head of each element of the intelligence community
that is within the Department of Defense.
SEC. 324. REPORTS ON CHEMICAL WEAPONS IN SYRIA.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the Syrian
chemical weapons program.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A comprehensive assessment of chemical weapon
stockpiles in Syria, including names, types, and quantities
of chemical weapons agents, types of munitions, and location
and form of storage, production, and research and development
facilities.
(2) A listing of key personnel associated with the Syrian
chemical weapons program.
(3) An assessment of undeclared chemical weapons
stockpiles, munitions, and facilities.
(4) An assessment of how these stockpiles, precursors, and
delivery systems were obtained.
(5) A description of key intelligence gaps related to the
Syrian chemical weapons program.
(6) An assessment of any denial and deception efforts on
the part of the Syrian regime related to its chemical weapons
program.
(c) Progress Reports.--Every 90 days until the date that is
18 months after the date of the enactment of this Act, the
Director of National Intelligence shall submit to Congress a
progress report providing any material updates to the report
required under subsection (a).
SEC. 325. REPORTS TO THE INTELLIGENCE COMMUNITY ON
PENETRATIONS OF NETWORKS AND INFORMATION
SYSTEMS OF CERTAIN CONTRACTORS.
(a) Procedures for Reporting Penetrations.--The Director of
National Intelligence shall establish procedures that require
each cleared intelligence contractor to report to an element
of the intelligence community designated by the Director for
purposes of such procedures when a network or information
system of such contractor that meets the criteria established
pursuant to subsection (b) is successfully penetrated.
(b) Networks and Information Systems Subject to
Reporting.--The Director of National Intelligence shall, in
consultation with appropriate officials, establish criteria
for covered networks to be subject to the procedures for
reporting system penetrations under subsection (a).
(c) Procedure Requirements.--
(1) Rapid reporting.--The procedures established pursuant
to subsection (a) shall require each cleared intelligence
contractor to rapidly report to an element of the
intelligence community designated pursuant to subsection (a)
of each successful penetration of the network or information
systems of such contractor that meet the criteria established
pursuant to subsection (b). Each such report shall include
the following:
(A) A description of the technique or method used in such
penetration.
(B) A sample of the malicious software, if discovered and
isolated by the contractor, involved in such penetration.
(C) A summary of information created by or for such element
in connection with any program of such element that has been
potentially compromised due to such penetration.
(2) Access to equipment and information by intelligence
community personnel.--The procedures established pursuant to
subsection (a) shall--
(A) include mechanisms for intelligence community personnel
to, upon request, obtain access to equipment or information
of a cleared intelligence contractor necessary to conduct
forensic analysis in addition to any analysis conducted by
such contractor;
(B) provide that a cleared intelligence contractor is only
required to provide access to equipment or information as
described in subparagraph (A) to determine whether
information created by or for an element of the intelligence
community in connection with any intelligence community
program was successfully exfiltrated from a network or
information system of such contractor and, if so, what
information was exfiltrated; and
(C) provide for the reasonable protection of trade secrets,
commercial or financial information, and information that can
be used to identify a specific person (other than the name of
the suspected perpetrator of the penetration).
(3) Limitation on dissemination of certain information.--
The procedures established pursuant to subsection (a) shall
prohibit the dissemination outside the intelligence community
of information obtained or derived through such procedures
that is not created by or for the intelligence community
except--
(A) with the approval of the contractor providing such
information;
(B) to the congressional intelligence committees or the
Subcommittees on Defense of the Committees on Appropriations
of the House of Representatives and the Senate for such
committees and such Subcommittees to perform oversight; or
(C) to law enforcement agencies to investigate a
penetration reported under this section.
(d) Issuance of Procedures and Establishment of Criteria.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall establish the procedures required under
subsection (a) and the criteria required under subsection
(b).
(2) Applicability date.--The requirements of this section
shall apply on the date on which the Director of National
Intelligence establishes the procedures required under this
section.
(e) Coordination With the Secretary of Defense To Prevent
Duplicate Reporting.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence and the Secretary of Defense shall establish
procedures to permit a contractor that is a cleared
intelligence contractor and a cleared defense contractor
under section 941 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2224
note) to submit a single report that satisfies the
requirements of this section and such section 941 for an
incident of penetration of network or information system.
(f) Definitions.--In this section:
(1) Cleared intelligence contractor.--The term ``cleared
intelligence contractor'' means a private entity granted
clearance by the Director of National Intelligence or the
head of an element of the intelligence community to access,
receive, or store classified information for the purpose of
bidding for a contract or conducting activities in support of
any program of an element of the intelligence community.
(2) Covered network.--The term ``covered network'' means a
network or information system of a cleared intelligence
contractor
[[Page H5705]]
that contains or processes information created by or for an
element of the intelligence community with respect to which
such contractor is required to apply enhanced protection.
(g) Savings Clauses.--Nothing in this section shall be
construed to alter or limit any otherwise authorized access
by government personnel to networks or information systems
owned or operated by a contractor that processes or stores
government data.
SEC. 326. REPORT ON ELECTRONIC WASTE.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report on the extent to which the intelligence community has
implemented the recommendations of the Inspector General of
the Intelligence Community contained in the report entitled
``Study of Intelligence Community Electronic Waste Disposal
Practices'' issued in May 2013. Such report shall include an
assessment of the extent to which the policies, standards,
and guidelines of the intelligence community governing the
proper disposal of electronic waste are applicable to covered
commercial electronic waste that may contain classified
information.
(b) Definitions.--In this section:
(1) Covered commercial electronic waste.--The term
``covered commercial electronic waste'' means electronic
waste of a commercial entity that contracts with an element
of the intelligence community.
(2) Electronic waste.--The term ``electronic waste''
includes any obsolete, broken, or irreparable electronic
device, including a television, copier, facsimile machine,
tablet, telephone, computer, computer monitor, laptop,
printer, scanner, and associated electrical wiring.
SEC. 327. PROMOTING STEM EDUCATION TO MEET THE FUTURE
WORKFORCE NEEDS OF THE INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the Secretary of Education and the
congressional intelligence committees a report describing the
anticipated hiring needs of the intelligence community in the
fields of science, technology, engineering, and mathematics,
including cybersecurity and computer literacy. The report
shall--
(1) describe the extent to which competitions, challenges,
or internships at elements of the intelligence community that
do not involve access to classified information may be
utilized to promote education in the fields of science,
technology, engineering, and mathematics, including
cybersecurity and computer literacy, within high schools or
institutions of higher education in the United States;
(2) include cost estimates for carrying out such
competitions, challenges, or internships; and
(3) include strategies for conducting expedited security
clearance investigations and adjudications for students at
institutions of higher education for purposes of offering
internships at elements of the intelligence community.
(b) Consideration of Existing Programs.--In developing the
report under subsection (a), the Director shall take into
consideration existing programs of the intelligence
community, including the education programs of the National
Security Agency and the Information Assurance Scholarship
Program of the Department of Defense, as appropriate.
(c) Definitions.--In this section:
(1) High school.--The term ``high school'' mean a school
that awards a secondary school diploma.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(3) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 328. REPEAL OF THE TERMINATION OF NOTIFICATION
REQUIREMENTS REGARDING THE AUTHORIZED
DISCLOSURE OF NATIONAL INTELLIGENCE.
Section 504 of the Intelligence Authorization Act for
Fiscal Year 2013 (Public Law 112-277; 126 Stat. 2477) is
amended by striking subsection (e).
SEC. 329. REPEAL OR MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS.
(a) Repeal of Reporting Requirements.--
(1) Threat of attack on the united states using weapons of
mass destruction.--Section 114 of the National Security Act
of 1947 (50 U.S.C. 3050) is amended by striking subsection
(b).
(2) Treaty on conventional armed forces in europe.--Section
2(5)(E) of the Senate resolution advising and consenting to
ratification of the Document Agreed Among the States Parties
to the Treaty on Conventional Armed Forces in Europe (CFE) of
November 19, 1990, adopted at Vienna May 31, 1996 (Treaty
Doc. 105-5) (commonly referred to as the ``CFE Flank
Document''), 105th Congress, agreed to May 14, 1997, is
repealed.
(b) Modification of Reporting Requirements.--
(1) Intelligence advisory committees.--Section 410(b) of
the Intelligence Authorization Act for Fiscal Year 2010 (50
U.S.C. 3309) is amended to read as follows:
``(b) Notification of Establishment of Advisory
Committee.--The Director of National Intelligence and the
Director of the Central Intelligence Agency shall each notify
the congressional intelligence committees each time each such
Director creates an advisory committee. Each notification
shall include--
``(1) a description of such advisory committee, including
the subject matter of such committee;
``(2) a list of members of such advisory committee; and
``(3) in the case of an advisory committee created by the
Director of National Intelligence, the reasons for a
determination by the Director under section 4(b)(3) of the
Federal Advisory Committee Act (5 U.S.C. App.) that an
advisory committee cannot comply with the requirements of
such Act.''.
(2) Intelligence information sharing.--Section 102A(g)(4)
of the National Security Act of 1947 (50 U.S.C. 3024(g)(4))
is amended to read as follows:
``(4) The Director of National Intelligence shall, in a
timely manner, report to Congress any statute, regulation,
policy, or practice that the Director believes impedes the
ability of the Director to fully and effectively ensure
maximum availability of access to intelligence information
within the intelligence community consistent with the
protection of the national security of the United States.''.
(3) Intelligence community business system
transformation.--Section 506D(j) of the National Security Act
of 1947 (50 U.S.C. 3100(j)) is amended in the matter
preceding paragraph (1) by striking ``2015'' and inserting
``2014''.
(4) Activities of privacy and civil liberties officers.--
Section 1062(f)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended
in the matter preceding subparagraph (A) by striking
``quarterly'' and inserting ``semiannually''.
(c) Conforming Amendments.--The National Security Act of
1947 (50 U.S.C. 3001 et seq.) is amended--
(1) in the table of contents in the first section, by
striking the item relating to section 114 and inserting the
following new item:
``Sec. 114. Annual report on hiring and retention of minority
employees.'';
(2) in section 114 (50 U.S.C. 3050)--
(A) by amending the heading to read as follows: ``annual
report on hiring and retention of minority employees'';
(B) by striking ``(a) Annual Report on Hiring and Retention
of Minority Employees.--'';
(C) by redesignating paragraphs (1) through (5) as
subsections (a) through (e), respectively;
(D) in subsection (b) (as so redesignated)--
(i) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively; and
(ii) in paragraph (2) (as so redesignated)--
(I) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and
(II) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``clauses (i) and (ii)'' and
inserting ``subparagraphs (A) and (B)'';
(E) in subsection (d) (as redesignated by subparagraph (C)
of this paragraph), by striking ``subsection'' and inserting
``section''; and
(F) in subsection (e) (as redesignated by subparagraph (C)
of this paragraph)--
(i) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively; and
(ii) by striking ``subsection,'' and inserting ``section'';
and
(3) in section 507 (50 U.S.C. 3106)--
(A) in subsection (a)--
(i) by striking ``(1) The date'' and inserting ``The
date'';
(ii) by striking ``subsection (c)(1)(A)'' and inserting
``subsection (c)(1)'';
(iii) by striking paragraph (2); and
(iv) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively;
(B) in subsection (c)(1)--
(i) by striking ``(A) Except'' and inserting ``Except'';
and
(ii) by striking subparagraph (B); and
(C) in subsection (d)(1)--
(i) in subparagraph (A)--
(I) by striking ``subsection (a)(1)'' and inserting
``subsection (a)''; and
(II) by inserting ``and'' after ``March 1;'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph
(B).
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--National Security Agency
SEC. 401. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL
SECURITY AGENCY.
(a) Director of the National Security Agency.--Section 2 of
the National Security Agency Act of 1959 (50 U.S.C. 3602) is
amended--
(1) by inserting ``(b)'' before ``There''; and
(2) by inserting before subsection (b), as so designated by
paragraph (1), the following:
``(a)(1) There is a Director of the National Security
Agency.
``(2) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(3) The Director of the National Security Agency shall be
the head of the National Security Agency and shall discharge
such functions and duties as are provided by this Act or
otherwise by law or executive order.''.
[[Page H5706]]
(b) Position of Importance and Responsibility.--
(1) In general.--The President may designate the Director
of the National Security Agency as a position of importance
and responsibility under section 601 of title 10, United
States Code.
(2) Effective date.--Paragraph (1) shall take effect on the
date of the enactment of this Act.
SEC. 402. APPOINTMENT OF THE INSPECTOR GENERAL OF THE
NATIONAL SECURITY AGENCY.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 8G(a)(2), by striking ``the National
Security Agency,''; and
(2) in section 12--
(A) in paragraph (1), by striking ``or the Federal
Cochairpersons of the Commissions established under section
15301 of title 40, United States Code;'' and inserting ``the
Federal Cochairpersons of the Commissions established under
section 15301 of title 40, United States Code; the Director
of the National Security Agency;''; and
(B) in paragraph (2), by striking ``or the Commissions
established under section 15301 of title 40, United States
Code,'' and inserting ``the Commissions established under
section 15301 of title 40, United States Code, the National
Security Agency,''.
SEC. 403. EFFECTIVE DATE AND APPLICABILITY.
(a) In General.--Except as otherwise specifically provided,
the amendments made by sections 401 and 402 shall take effect
on October 1, 2014, and shall apply upon the earlier of--
(1) in the case of section 401--
(A) the date of the first nomination by the President of an
individual to serve as the Director of the National Security
Agency that occurs on or after October 1, 2014; or
(B) the date of the cessation of the performance of the
duties of the Director of the National Security Agency by the
individual performing such duties on October 1, 2014; and
(2) in the case of section 402--
(A) the date of the first nomination by the President of an
individual to serve as the Inspector General of the National
Security Agency that occurs on or after October 1, 2014; or
(B) the date of the cessation of the performance of the
duties of the Inspector General of the National Security
Agency by the individual performing such duties on October 1,
2014.
(b) Exception for Initial Nominations.--Notwithstanding
paragraph (1)(A) or (2)(A) of subsection (a), an individual
serving as the Director of the National Security Agency or
the Inspector General of the National Security Agency on the
date that the President first nominates an individual for
such position on or after October 1, 2014, may continue to
perform in that position after such date of nomination and
until the individual appointed to the position, by and with
the advice and consent of the Senate, assumes the duties of
the position.
(c) Incumbent Inspector General.--The individual serving as
Inspector General of the National Security Agency on the date
of the enactment of this Act shall be eligible to be
appointed by the President to a new term of service under
section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.), by and with the advice and consent of the Senate.
Subtitle B--National Reconnaissance Office
SEC. 411. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL
RECONNAISSANCE OFFICE.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by adding after section 106
the following:
``SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.
``(a) In General.--There is a Director of the National
Reconnaissance Office.
``(b) Appointment.--The Director of the National
Reconnaissance Office shall be appointed by the President, by
and with the advice and consent of the Senate.
``(c) Functions and Duties.--The Director of the National
Reconnaissance Office shall be the head of the National
Reconnaissance Office and shall discharge such functions and
duties as are provided by this Act or otherwise by law or
executive order.''.
(b) Position of Importance and Responsibility.--
(1) In general.--The President may designate the Director
of the National Reconnaissance Office as a position of
importance and responsibility under section 601 of title 10,
United States Code.
(2) Effective date.--Paragraph (1) shall take effect on the
date of the enactment of this Act.
(c) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by inserting after the item
relating to section 106 the following:
``Sec. 106A. Director of the National Reconnaissance Office.''.
SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF THE
NATIONAL RECONNAISSANCE OFFICE.
The Inspector General Act of 1978 (5 U.S.C. App.)--
(1) in section 8G(a)(2), as amended by section 402, is
further amended by striking ``the National Reconnaissance
Office,''; and
(2) in section 12, as amended by section 402, is further
amended--
(A) in paragraph (1), by inserting ``or the Director of the
National Reconnaissance Office;'' before ``as the case may
be;''; and
(B) in paragraph (2), by inserting ``or the National
Reconnaissance Office,'' before ``as the case may be;''.
SEC. 413. EFFECTIVE DATE AND APPLICABILITY.
(a) In General.--The amendments made by sections 411 and
412 shall take effect on October 1, 2014, and shall apply
upon the earlier of--
(1) in the case of section 411--
(A) the date of the first nomination by the President of an
individual to serve as the Director of the National
Reconnaissance Office that occurs on or after October 1,
2014; or
(B) the date of the cessation of the performance of the
duties of the Director of the National Reconnaissance Office
by the individual performing such duties on October 1, 2014;
and
(2) in the case of section 412--
(A) the date of the first nomination by the President of an
individual to serve as the Inspector General of the National
Reconnaissance Office that occurs on or after October 1,
2014; or
(B) the date of the cessation of the performance of the
duties of the Inspector General of the National
Reconnaissance Office by the individual performing such
duties on October 1, 2014.
(b) Exception for Initial Nominations.--Notwithstanding
paragraph (1)(A) or (2)(A) of subsection (a), an individual
serving as the Director of the National Reconnaissance Office
or the Inspector General of the National Reconnaissance
Office on the date that the President first nominates an
individual for such position on or after October 1, 2014, may
continue to perform in that position after such date of
nomination and until the individual appointed to the
position, by and with the advice and consent of the Senate,
assumes the duties of the position.
(c) Incumbent Inspector General.--The individual serving as
Inspector General of the National Reconnaissance Office on
the date of the enactment of this Act shall be eligible to be
appointed by the President to a new term of service under
section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.), by and with the advice and consent of the Senate.
Subtitle C--Central Intelligence Agency
SEC. 421. GIFTS, DEVISES, AND BEQUESTS.
Section 12 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3512) is amended--
(1) by striking the section heading and inserting ``gifts,
devises, and bequests'';
(2) in subsection (a)(2)--
(A) by inserting ``by the Director as a gift to the
Agency'' after ``accepted''; and
(B) by striking ``this section'' and inserting ``this
subsection'';
(3) in subsection (b), by striking ``this section,'' and
inserting ``subsection (a),'';
(4) in subsection (c), by striking ``this section,'' and
inserting ``subsection (a),'';
(5) in subsection (d), by striking ``this section'' and
inserting ``subsection (a)'';
(6) by redesignating subsection (f) as subsection (g); and
(7) by inserting after subsection (e) the following:
``(f)(1) The Director may engage in fundraising in an
official capacity for the benefit of nonprofit organizations
that provide support to surviving family members of deceased
Agency employees or that otherwise provide support for the
welfare, education, or recreation of Agency employees, former
Agency employees, or their family members.
``(2) In this subsection, the term `fundraising' means the
raising of funds through the active participation in the
promotion, production, or presentation of an event designed
to raise funds and does not include the direct solicitation
of money by any other means.''.
TITLE V--SECURITY CLEARANCE REFORM
SEC. 501. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY
INFORMATION REGARDING PERSONNEL WITH ACCESS TO
CLASSIFIED INFORMATION.
Section 102A(j) of the National Security Act of 1947 (50
U.S.C. 3024(j)) is amended--
(1) in the heading, by striking ``Sensitive Compartmented
Information'' and inserting ``Classified Information'';
(2) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (4), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following new paragraphs:
``(5) ensure that the background of each employee or
officer of an element of the intelligence community, each
contractor to an element of the intelligence community, and
each individual employee of such a contractor who has been
determined to be eligible for access to classified
information is monitored on a continual basis under standards
developed by the Director, including with respect to the
frequency of evaluation, during the period of eligibility of
such employee or officer of an element of the intelligence
community, such contractor, or such individual employee to
such a contractor to determine whether such employee or
officer of an element of the intelligence community, such
contractor, and such individual employee of such a contractor
continues to meet the requirements for eligibility for access
to classified information; and
``(6) develop procedures to require information sharing
between elements of the intelligence community concerning
potentially derogatory security information regarding an
employee or officer of an element of the intelligence
community, a contractor to an element of the intelligence
community, or
[[Page H5707]]
an individual employee of such a contractor that may impact
the eligibility of such employee or officer of an element of
the intelligence community, such contractor, or such
individual employee of such a contractor for a security
clearance.''.
SEC. 502. REQUIREMENTS FOR INTELLIGENCE COMMUNITY
CONTRACTORS.
(a) Requirements.--Section 102A of the National Security
Act of 1947 (50 U.S.C. 3024) is amended by adding at the end
the following new subsection:
``(x) Requirements for Intelligence Community
Contractors.--The Director of National Intelligence, in
consultation with the head of each department of the Federal
Government that contains an element of the intelligence
community and the Director of the Central Intelligence
Agency, shall--
``(1) ensure that--
``(A) any contractor to an element of the intelligence
community with access to a classified network or classified
information develops and operates a security plan that is
consistent with standards established by the Director of
National Intelligence for intelligence community networks;
and
``(B) each contract awarded by an element of the
intelligence community includes provisions requiring the
contractor comply with such plan and such standards;
``(2) conduct periodic assessments of each security plan
required under paragraph (1)(A) to ensure such security plan
complies with the requirements of such paragraph; and
``(3) ensure that the insider threat detection capabilities
and insider threat policies of the intelligence community
apply to facilities of contractors with access to a
classified network.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to contracts entered into or renewed
after the date of the enactment of this Act.
SEC. 503. TECHNOLOGY IMPROVEMENTS TO SECURITY CLEARANCE
PROCESSING.
(a) In General.--The Director of National Intelligence, in
consultation with the Secretary of Defense and the Director
of the Office of Personnel Management, shall conduct an
analysis of the relative costs and benefits of potential
improvements to the process for investigating persons who are
proposed for access to classified information and
adjudicating whether such persons satisfy the criteria for
obtaining and retaining access to such information.
(b) Contents of Analysis.--In conducting the analysis
required by subsection (a), the Director of National
Intelligence shall evaluate the costs and benefits associated
with--
(1) the elimination of manual processes in security
clearance investigations and adjudications, if possible, and
automating and integrating the elements of the investigation
process, including--
(A) the clearance application process;
(B) case management;
(C) adjudication management;
(D) investigation methods for the collection, analysis,
storage, retrieval, and transfer of data and records; and
(E) records management for access and eligibility
determinations;
(2) the elimination or reduction, if possible, of the use
of databases and information sources that cannot be accessed
and processed automatically electronically, or modification
of such databases and information sources, to enable
electronic access and processing;
(3) the use of government-developed and commercial
technology for continuous monitoring and evaluation of
government and commercial data sources that can identify and
flag information pertinent to adjudication guidelines and
eligibility determinations;
(4) the standardization of forms used for routine reporting
required of cleared personnel (such as travel, foreign
contacts, and financial disclosures) and use of continuous
monitoring technology to access databases containing such
reportable information to independently obtain and analyze
reportable data and events;
(5) the establishment of an authoritative central
repository of personnel security information that is
accessible electronically at multiple levels of
classification and eliminates technical barriers to rapid
access to information necessary for eligibility
determinations and reciprocal recognition thereof;
(6) using digitally processed fingerprints, as a substitute
for ink or paper prints, to reduce error rates and improve
portability of data;
(7) expanding the use of technology to improve an
applicant's ability to discover the status of a pending
security clearance application or reinvestigation; and
(8) using government and publicly available commercial data
sources, including social media, that provide independent
information pertinent to adjudication guidelines to improve
quality and timeliness, and reduce costs, of investigations
and reinvestigations.
(c) Report to Congress.--Not later than 6 months after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on the analysis required by subsection (a).
SEC. 504. REPORT ON RECIPROCITY OF SECURITY CLEARANCES.
The head of the entity selected pursuant to section 3001(b)
of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(b)) shall submit to the appropriate
committees of Congress a report each year through 2017 that
describes for the preceding year--
(1) the periods of time required by authorized adjudicative
agencies for accepting background investigations and
determinations completed by an authorized investigative
entity or authorized adjudicative agency;
(2) the total number of cases in which a background
investigation or determination completed by an authorized
investigative entity or authorized adjudicative agency is
accepted by another agency;
(3) the total number of cases in which a background
investigation or determination completed by an authorized
investigative entity or authorized adjudicative agency is not
accepted by another agency; and
(4) such other information or recommendations as the head
of the entity selected pursuant to such section 3001(b)
considers appropriate.
SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION PROCESS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until
December 31, 2017, the Director of National Intelligence, in
consultation with the Secretary of Defense and the Director
of the Office of Personnel Management, shall transmit to the
appropriate committees of Congress a strategic plan for
updating the process for periodic reinvestigations consistent
with a continuous evaluation program.
(b) Contents.--The plan required by subsection (a) shall
include--
(1) an analysis of the costs and benefits associated with
conducting periodic reinvestigations;
(2) an analysis of the costs and benefits associated with
replacing some or all periodic reinvestigations with a
program of continuous evaluation;
(3) a determination of how many risk-based and ad hoc
periodic reinvestigations are necessary on an annual basis
for each component of the Federal Government with employees
with security clearances;
(4) an analysis of the potential benefits of expanding the
Government's use of continuous evaluation tools as a means of
improving the effectiveness and efficiency of procedures for
confirming the eligibility of personnel for continued access
to classified information; and
(5) an analysis of how many personnel with out-of-scope
background investigations are employed by, or contracted or
detailed to, each element of the intelligence community.
(c) Periodic Reinvestigations Defined.--In this section,
the term ``periodic reinvestigations'' has the meaning given
that term in section 3001(a) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)).
SEC. 506. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this title, the term ``appropriate committees of
Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(3) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS
SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY
WHISTLEBLOWERS.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section:
``SEC. 1104. PROHIBITED PERSONNEL PRACTICES IN THE
INTELLIGENCE COMMUNITY.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means an executive
department or independent establishment, as defined under
sections 101 and 104 of title 5, United States Code, that
contains an intelligence community element, except the
Federal Bureau of Investigation.
``(2) Covered intelligence community element.--The term
`covered intelligence community element'--
``(A) means--
``(i) the Central Intelligence Agency, the Defense
Intelligence Agency, the National Geospatial-Intelligence
Agency, the National Security Agency, the Office of the
Director of National Intelligence, and the National
Reconnaissance Office; and
``(ii) any executive agency or unit thereof determined by
the President under section 2302(a)(2)(C)(ii) of title 5,
United States Code, to have as its principal function the
conduct of foreign intelligence or counterintelligence
activities; and
``(B) does not include the Federal Bureau of Investigation.
``(3) Personnel action.--The term `personnel action' means,
with respect to an employee in a position in a covered
intelligence community element (other than a position
excepted from the competitive service due to its
confidential, policy-determining, policymaking, or policy-
advocating character)--
``(A) an appointment;
``(B) a promotion;
``(C) a disciplinary or corrective action;
``(D) a detail, transfer, or reassignment;
``(E) a demotion, suspension, or termination;
``(F) a reinstatement or restoration;
``(G) a performance evaluation;
``(H) a decision concerning pay, benefits, or awards;
``(I) a decision concerning education or training if such
education or training may
[[Page H5708]]
reasonably be expected to lead to an appointment, promotion,
or performance evaluation; or
``(J) any other significant change in duties,
responsibilities, or working conditions.
``(b) In General.--Any employee of an agency who has
authority to take, direct others to take, recommend, or
approve any personnel action, shall not, with respect to such
authority, take or fail to take a personnel action with
respect to any employee of a covered intelligence community
element as a reprisal for a lawful disclosure of information
by the employee to the Director of National Intelligence (or
an employee designated by the Director of National
Intelligence for such purpose), the Inspector General of the
Intelligence Community, the head of the employing agency (or
an employee designated by the head of that agency for such
purpose), the appropriate inspector general of the employing
agency, a congressional intelligence committee, or a member
of a congressional intelligence committee, which the employee
reasonably believes evidences--
``(1) a violation of any Federal law, rule, or regulation;
or
``(2) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety.
``(c) Enforcement.--The President shall provide for the
enforcement of this section.
``(d) Existing Rights Preserved.--Nothing in this section
shall be construed to--
``(1) preempt or preclude any employee, or applicant for
employment, at the Federal Bureau of Investigation from
exercising rights provided under any other law, rule, or
regulation, including section 2303 of title 5, United States
Code; or
``(2) repeal section 2303 of title 5, United States
Code.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by adding at the end the following new item:
``Sec. 1104. Prohibited personnel practices in the intelligence
community.''.
SEC. 602. REVIEW OF SECURITY CLEARANCE OR ACCESS
DETERMINATIONS.
(a) General Responsibility.--
(1) In general.--Section 3001(b) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)) is
amended--
(A) in the matter preceding paragraph (1), by striking
``Not'' and inserting ``Except as otherwise provided, not'';
(B) in paragraph (5), by striking ``and'' after the
semicolon;
(C) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(D) by inserting after paragraph (6) the following:
``(7) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2014--
``(A) developing policies and procedures that permit, to
the extent practicable, individuals to appeal a determination
to suspend or revoke a security clearance or access to
classified information and to retain their government
employment status while such challenge is pending; and
``(B) developing and implementing uniform and consistent
policies and procedures to ensure proper protections during
the process for denying, suspending, or revoking a security
clearance or access to classified information, including the
ability to appeal such a denial, suspension, or revocation,
except that there shall be no appeal of an agency's
suspension of a security clearance or access determination
for purposes of conducting an investigation, if that
suspension lasts no longer than 1 year or the head of the
agency or a designee of the head of the agency certifies that
a longer suspension is needed before a final decision on
denial or revocation to prevent imminent harm to the national
security.''.
(2) Required elements of policies and procedures.--The
policies and procedures for appeal developed under paragraph
(7) of section 3001(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004, as added by subsection (a),
shall provide for the Inspector General of the Intelligence
Community, or the inspector general of the employing agency,
to conduct fact-finding and report to the agency head or the
designee of the agency head within 180 days unless the
employee and the agency agree to an extension or the
investigating inspector general determines in writing that a
greater period of time is required. To the fullest extent
possible, such fact-finding shall include an opportunity for
the employee to present relevant evidence such as witness
testimony.
(b) Retaliatory Revocation of Security Clearances and
Access Determinations.--Section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341)
is amended by adding at the end the following:
``(j) Retaliatory Revocation of Security Clearances and
Access Determinations.--
``(1) In general.--Agency personnel with authority over
personnel security clearance or access determinations shall
not take or fail to take, or threaten to take or fail to
take, any action with respect to any employee's security
clearance or access determination in retaliation for--
``(A) any lawful disclosure of information to the Director
of National Intelligence (or an employee designated by the
Director of National Intelligence for such purpose) or the
head of the employing agency (or employee designated by the
head of that agency for such purpose) by an employee that the
employee reasonably believes evidences--
``(i) a violation of any Federal law, rule, or regulation;
or
``(ii) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to
public health or safety;
``(B) any lawful disclosure to the Inspector General of an
agency or another employee designated by the head of the
agency to receive such disclosures, of information which the
employee reasonably believes evidences--
``(i) a violation of any Federal law, rule, or regulation;
or
``(ii) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to
public health or safety;
``(C) any lawful disclosure that complies with--
``(i) subsections (a)(1), (d), and (h) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(ii) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
``(iii) subparagraphs (A), (D), and (I) of section
103H(k)(5) of the National Security Act of 1947 (50 U.S.C.
3033(k)(5)); and
``(D) if the actions do not result in the employee or
applicant unlawfully disclosing information specifically
required by Executive order to be kept classified in the
interest of national defense or the conduct of foreign
affairs, any lawful disclosure in conjunction with--
``(i) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(ii) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in clause
(i); or
``(iii) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General.
``(2) Rule of construction.--Consistent with the protection
of sources and methods, nothing in paragraph (1) shall be
construed to authorize the withholding of information from
Congress or the taking of any personnel action against an
employee who lawfully discloses information to Congress.
``(3) Disclosures.--
``(A) In general.--A disclosure shall not be excluded from
paragraph (1) because--
``(i) the disclosure was made to a person, including a
supervisor, who participated in an activity that the employee
reasonably believed to be covered by paragraph (1)(A)(ii);
``(ii) the disclosure revealed information that had been
previously disclosed;
``(iii) the disclosure was not made in writing;
``(iv) the disclosure was made while the employee was off
duty; or
``(v) of the amount of time which has passed since the
occurrence of the events described in the disclosure.
``(B) Reprisals.--If a disclosure is made during the normal
course of duties of an employee, the disclosure shall not be
excluded from paragraph (1) if any employee who has authority
to take, direct others to take, recommend, or approve any
personnel action with respect to the employee making the
disclosure, took, failed to take, or threatened to take or
fail to take a personnel action with respect to that employee
in reprisal for the disclosure.
``(4) Agency adjudication.--
``(A) Remedial procedure.--An employee or former employee
who believes that he or she has been subjected to a reprisal
prohibited by paragraph (1) may, within 90 days after the
issuance of notice of such decision, appeal that decision
within the agency of that employee or former employee through
proceedings authorized by subsection (b)(7), except that
there shall be no appeal of an agency's suspension of a
security clearance or access determination for purposes of
conducting an investigation, if that suspension lasts not
longer than 1 year (or a longer period in accordance with a
certification made under subsection (b)(7)).
``(B) Corrective action.--If, in the course of proceedings
authorized under subparagraph (A), it is determined that the
adverse security clearance or access determination violated
paragraph (1), the agency shall take specific corrective
action to return the employee or former employee, as nearly
as practicable and reasonable, to the position such employee
or former employee would have held had the violation not
occurred. Such corrective action may include back pay and
related benefits, travel expenses, and compensatory damages
not to exceed $300,000.
``(C) Contributing factor.--In determining whether the
adverse security clearance or access determination violated
paragraph (1), the agency shall find that paragraph (1) was
violated if a disclosure described in paragraph (1) was a
contributing factor in the adverse security clearance or
access determination taken against the individual, unless the
agency demonstrates by a preponderance of the evidence that
it would have taken the same action in the absence of such
disclosure, giving the utmost deference to the agency's
assessment of the particular threat to the national security
interests of the United States in the instant matter.
``(5) Appellate review of security clearance access
determinations by director of national intelligence.--
[[Page H5709]]
``(A) Appeal.--Within 60 days after receiving notice of an
adverse final agency determination under a proceeding under
paragraph (4), an employee or former employee may appeal that
determination in accordance with the procedures established
under subparagraph (B).
``(B) Policies and procedures.--The Director of National
Intelligence, in consultation with the Attorney General and
the Secretary of Defense, shall develop and implement
policies and procedures for adjudicating the appeals
authorized by subparagraph (A).
``(C) Congressional notification.--Consistent with the
protection of sources and methods, at the time the Director
of National Intelligence issues an order regarding an appeal
pursuant to the policies and procedures established by this
paragraph, the Director of National Intelligence shall notify
the congressional intelligence committees.
``(6) Judicial review.--Nothing in this section shall be
construed to permit or require judicial review of any--
``(A) agency action under this section; or
``(B) action of the appellate review procedures established
under paragraph (5).
``(7) Private cause of action.--Nothing in this section
shall be construed to permit, authorize, or require a private
cause of action to challenge the merits of a security
clearance determination.''.
(c) Access Determination Defined.--Section 3001(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(a)) is amended by adding at the end the
following:
``(9) Access determination.--The term `access
determination' means the determination regarding whether an
employee--
``(A) is eligible for access to classified information in
accordance with Executive Order 12968 (60 Fed. Reg. 40245;
relating to access to classified information), or any
successor thereto, and Executive Order 10865 (25 Fed. Reg.
1583; relating to safeguarding classified information with
industry), or any successor thereto; and
``(B) possesses a need to know under such an Order.''.
(d) Existing Rights Preserved.--Nothing in this section or
the amendments made by this section shall be construed to
preempt, preclude, or otherwise prevent an individual from
exercising rights, remedies, or avenues of redress currently
provided under any other law, regulation, or rule.
(e) Rule of Construction.--Nothing in section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341), as amended by this title, shall be construed to
require the repeal or replacement of agency appeal procedures
implementing Executive Order 12968 (60 Fed. Reg. 40245;
relating to access to classified information), or any
successor thereto, and Executive Order 10865 (25 Fed. Reg.
1583; relating to safeguarding classified information with
industry), or any successor thereto, that meet the
requirements of paragraph (7) of section 3001(b) of such Act,
as added by this section.
SEC. 603. REVISIONS OF OTHER LAWS.
(a) Inspector General Act of 1978.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) If the head of an establishment determines that a
complaint or information transmitted under paragraph (1)
would create a conflict of interest for the head of the
establishment, the head of the establishment shall return the
complaint or information to the Inspector General with that
determination and the Inspector General shall make the
transmission to the Director of National Intelligence and, if
the establishment is within the Department of Defense, to the
Secretary of Defense. In such a case, the requirements of
this section for the head of the establishment apply to each
recipient of the Inspector General's transmission.'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following:
``(h) An individual who has submitted a complaint or
information to an Inspector General under this section may
notify any member of the Permanent Select Committee on
Intelligence of the House of Representatives or the Select
Committee on Intelligence of the Senate, or a staff member of
either such Committee, of the fact that such individual has
made a submission to that particular Inspector General, and
of the date on which such submission was made.''.
(b) Central Intelligence Agency.--Section 17(d)(5) of the
Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended--
(1) in subparagraph (B)--
(A) by inserting ``(i)'' after ``(B)''; and
(B) by adding at the end the following:
``(ii) If the Director determines that a complaint or
information transmitted under paragraph (1) would create a
conflict of interest for the Director, the Director shall
return the complaint or information to the Inspector General
with that determination and the Inspector General shall make
the transmission to the Director of National Intelligence. In
such a case, the requirements of this subsection for the
Director of the Central Intelligence Agency apply to the
Director of National Intelligence''; and
(2) by adding at the end the following:
``(H) An individual who has submitted a complaint or
information to the Inspector General under this section may
notify any member of the Permanent Select Committee on
Intelligence of the House of Representatives or the Select
Committee on Intelligence of the Senate, or a staff member of
either such Committee, of the fact that such individual has
made a submission to the Inspector General, and of the date
on which such submission was made.''.
(c) National Security Act of 1947.--Section 103H(k)(5) of
the National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is
amended by adding at the end the following:
``(I) An individual who has submitted a complaint or
information to the Inspector General under this section may
notify any member of either of the congressional intelligence
committees, or a staff member of either of such committees,
of the fact that such individual has made a submission to the
Inspector General, and of the date on which such submission
was made.''.
SEC. 604. POLICIES AND PROCEDURES; NONAPPLICABILITY TO
CERTAIN TERMINATIONS.
(a) Covered Intelligence Community Element Defined.--In
this section, the term ``covered intelligence community
element''--
(1) means--
(A) the Central Intelligence Agency, the Defense
Intelligence Agency, the National Geospatial-Intelligence
Agency, the National Security Agency, the Office of the
Director of National Intelligence, and the National
Reconnaissance Office; and
(B) any executive agency or unit thereof determined by the
President under section 2302(a)(2)(C)(ii) of title 5, United
States Code, to have as its principal function the conduct of
foreign intelligence or counterintelligence activities; and
(2) does not include the Federal Bureau of Investigation.
(b) Regulations.--In consultation with the Secretary of
Defense, the Director of National Intelligence shall develop
policies and procedures to ensure that a personnel action
shall not be taken against an employee of a covered
intelligence community element as a reprisal for any
disclosure of information described in 1104 of the National
Security Act of 1947, as added by section 601 of this Act.
(c) Report on the Status of Implementation of
Regulations.--Not later than 2 years after the date of the
enactment of this Act, the Director of National Intelligence
shall submit a report on the status of the implementation of
the regulations promulgated under subsection (b) to the
congressional intelligence committees.
(d) Nonapplicability to Certain Terminations.--Section 1104
of the National Security Act of 1947, as added by section 601
of this Act, and section 3001 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended
by section 602 of this Act, shall not apply if--
(1) the affected employee is concurrently terminated
under--
(A) section 1609 of title 10, United States Code;
(B) the authority of the Director of National Intelligence
under section 102A(m) of the National Security Act of 1947
(50 U.S.C. 3024(m)), if the Director determines that the
termination is in the interest of the United States;
(C) the authority of the Director of the Central
Intelligence Agency under section 104A(e) of the National
Security Act of 1947 (50 U.S.C. 3036(e)), if the Director
determines that the termination is in the interest of the
United States; or
(D) section 7532 of title 5, United States Code, if the
head of the agency determines that the termination is in the
interest of the United States; and
(2) not later than 30 days after such termination, the head
of the agency that employed the affected employee notifies
the congressional intelligence committees of the termination.
TITLE VII--TECHNICAL AMENDMENTS
SEC. 701. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE
AGENCY ACT OF 1949.
Section 21 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3521) is amended--
(1) in subsection (b)(1)(D), by striking ``section (a)''
and inserting ``subsection (a)''; and
(2) in subsection (c)(2)(E), by striking ``provider.'' and
inserting ``provider''.
SEC. 702. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT
OF 1947 RELATING TO THE PAST ELIMINATION OF
CERTAIN POSITIONS.
Section 101(a) of the National Security Act of 1947 (50
U.S.C. 3021(a)) is amended--
(1) in paragraph (5), by striking the semicolon and
inserting ``; and'';
(2) by striking paragraphs (6) and (7);
(3) by redesignating paragraph (8) as paragraph (6); and
(4) in paragraph (6) (as so redesignated), by striking
``the Chairman of the Munitions Board, and the Chairman of
the Research and Development Board,''.
SEC. 703. TECHNICAL AMENDMENTS TO THE INTELLIGENCE
AUTHORIZATION ACT FOR FISCAL YEAR 2013.
(a) Amendments.--Section 506 of the Intelligence
Authorization Act for Fiscal Year 2013 (Public Law 112-277;
126 Stat. 2478) is amended--
(1) by striking ``Section 606(5)'' and inserting
``Paragraph (5) of section 605''; and
(2) by inserting ``, as redesignated by section
310(a)(4)(B) of this Act,'' before ``is amended''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if
[[Page H5710]]
included in the enactment of the Intelligence Authorization
Act for Fiscal Year 2013 (Public Law 112-277).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Rogers) and the gentleman from Maryland (Mr.
Ruppersberger) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. ROGERS of Michigan. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on the bill, S. 1681.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. ROGERS of Michigan. Mr. Speaker, I yield myself as much time as I
may consume.
All time yielded is for the purpose of debate only, Mr. Speaker.
I want to thank my colleague from Maryland, Dutch Ruppersberger, for
the great work done by him and the entire Democrat caucus of the
committee as well as all of my Republican members for what is a good
bipartisan national security bill.
I also want to thank Senators Dianne Feinstein and Saxby Chambliss
for their work in the Senate to put a bill together that I think
America will and should be proud of.
Mr. Speaker, the Intelligence Authorization Act is an annual
blueprint for the work of the intelligence community. The bill sets the
priorities for our critical intelligence efforts. Passing a yearly
intelligence authorization bill is the primary method by which Congress
exerts its budgetary and oversight authority over the intelligence
community.
As most of the intelligence budget involves highly classified
programs, the bulk of this committee's recommendations are found in the
classified annex to the bill, which is the same fiscal year '14 annex
the House recently passed as part of a combined fiscal year '14 and
fiscal year '15 intelligence authorization bill.
At an unclassified level, I can report that the annex for fiscal year
2014 authorizes funding that is slightly below the President's budget
request level. Its funding levels are in line with the levels
appropriated by the enacted appropriation act for the National
Intelligence Program and the National Defense Authorization Act for the
Military Intelligence Program.
The House recently passed its version of the fiscal year '14 bill by
an overwhelming bipartisan vote. The bill contained many of the same
provisions in the same form as are contained in the Senate bill, S.
1681. And S. 1681 also contains a few additional provisions that were
negotiated with the Senate.
Mr. Speaker, we find ourselves at a very interesting time in history.
Al Qaeda has metastasized into dangerous affiliates, and safe havens
have emerged in Syria, parts of Libya, Yemen, Somalia, and the tribal
areas of Pakistan. The Islamic State of Iraq and the Levant is
attempting to build a state across the Middle East, from Lebanon to
Iraq, including Syria, Jordan, and, unfortunately, Israel as well.
They already control a jihadist Disneyland the size of Indiana.
Without leadership from the United States, this will quickly devolve
into a full-blown sectarian war, which only helps ISIL's political
ambitions.
ISIL does not recognize a border between Syria and Iraq, and we have
to remain focused on ISIL across the region so that a safe haven does
not emerge on either side of that border.
The goal of our counterterrorism strategy is to deny safe haven from
which terrorists can plan attacks against the United States--they can
finance; they get breathing space; they can further radicalize
individuals from around the world.
Al Qaeda is also regaining a foothold in northeast Afghanistan, just
as the President announced a complete withdrawal of United States
military forces, and the counterterrorism capability that comes with
it, by the end of 2016. We are about to make the same mistake in
Afghanistan that we did in Iraq.
Uneven leadership in recent years has also emboldened adversaries
like Russia and China, who are increasing their military and
intelligence spending and are working to change the international
order, to the detriment of the United States and our interests.
We rightly demand that our intelligence agencies provide policymakers
with the best and most timely information possible on the threats we
face. We ask them to track terrorists wherever they train, plan, and
fund-raise. We ask them to stop devastating cyber attacks that steal
American jobs. We ask them to track nuclear and missile threats. And we
demand that they get it right every day of the year.
The dedicated men and women of the intelligence community are some of
the finest patriots I have had the privilege to meet. And within budget
constraints and the often unclear policy guidance from the White House,
this bill seeks to ensure that they have the resources and the
authorities necessary to keep our Nation safe.
I urge the passage of S. 1681 and reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Speaker, I yield myself as much time as I may
consume.
I first want to thank the gentleman from Michigan, Chairman Rogers,
for his leadership. Once again, he has produced a bipartisan and
bicameral Intelligence Authorization Act that we are taking up today.
I know he is retiring. He has served his country well as an FBI agent
and on the Intelligence Committee, and now as chairman. We are going to
miss him. But I know that whatever he does, he will always think of the
United States of America first. So I thank the gentleman for his
leadership and his friendship.
I also want to acknowledge the members of our committee, both
Democrat and Republican, and our staff who have come together as a team
in a bipartisan way to do what is right for our country.
Now, this Chamber passed its fiscal year 2014 and 2015 Intelligence
Authorization Act less than a month ago, with over 300 votes in favor.
Today we are taking up just the Senate's fiscal year 2014 bill, which
the Senate recently passed by unanimous consent.
I hope the House passes this bill and sends it to the President's
desk today. We need these annual intelligence authorization acts to
ensure the most rigorous oversight and accountability over all U.S.
intelligence agencies and over all U.S. intelligence activities. We
must ensure that our intelligence agencies spend money only on programs
of which Congress is informed and approves. This bill does that.
We also need these annual intelligence authorizations to set the
priorities for our intelligence professionals and their agencies and to
allocate resources to critical national security programs, including
those that detect, prevent, and disrupt potential terrorist attacks.
This bill does that, also.
And we need the intelligence authorization acts to promote fiscal
discipline. This bill makes cuts to certain areas and adds money in
other in a responsible, well thought-out, and fiscally prudent way. The
result is a budget below the President's request. In fact, since
Chairman Rogers and I assumed leadership of the Intelligence Committee,
we have reduced the Intelligence Committee's budget by 20 percent,
without reducing capability. I am pleased to see the Senate is going
along with us.
I do want to acknowledge, also, Senators Feinstein and Chambliss for
working together with us in a partnership to do what is right for our
country and our national security.
The unclassified legislative text in this Senate bill is very similar
to what this Chamber debated last month. It makes substantial
improvements to the security clearance process. It requires detailed
reports on matters such as electronic waste and chemical weapons in
Syria. And it promotes education in science, technology, engineering,
and math.
{time} 1945
The Senate also added three substantive provisions, all of which
greatly promote transparency, oversight, and accountability.
First, the bill creates independent, Senate-confirmed NSA and
National Reconnaissance Office directors, as well as independent,
Senate-confirmed NSA and NRO inspectors general.
Second, the bill requires the Attorney General to establish a process
for
[[Page H5711]]
the regular review for publication of Department of Justice legal
opinions provided to the intelligence community.
It also requires that any classified opinions that can't be published
be made available to the appropriate committees or Members of Congress.
Third, it amends the National Security Act to prohibit any personnel
actions against a lawful intelligence community whistleblower.
As for the classified schedule of authorizations, it is identical,
except for some minor, prorated adjustments.
We encouraged all Members to review the classified schedule of
authorizations, as well as the classified text, and I am pleased that
so many have come down to the Intelligence Committee's classified
spaces to do so.
We have spent a long time poring over every aspect of this bill--in
our committee spaces, at the agencies, with the Senate, and in the
remotest corners of the Earth, where our intelligence professionals
operate--and I can say this is a very good bill, which I am proud to
support.
For the sake of keeping the country and its allies safe, for the sake
of vigorously overseeing even the most classified intelligence
programs, and for the sake of our intelligence professionals who work
24 hours a day, 7 days a week, often in harm's way, I urge my
colleagues to pass this bill and send it to the President today.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Speaker, I will continue to reserve the
balance of my time.
Mr. RUPPERSBERGER. Mr. Speaker, I yield as much time as she may
consume to the gentlewoman from Alabama, Terri Sewell, who is a very
good member of our committee.
I just want to say that Ms. Sewell is a new member of the
Intelligence Committee, and through her dedication, intellect, and
willingness to travel, she is quickly becoming a highly influential
member on our committee.
She also keeps her focus on the people, both the American people as a
whole, and the intelligence professionals who work every day to keep us
safe.
Ms. SEWELL of Alabama. Mr. Speaker, I stand in support of the Fiscal
Year 2014 Intelligence Authorization Act. The annual authorization act
is the most substantial oversight mechanism Congress has over the
intelligence community.
Most of the work within the intelligence community and our work on
the Intelligence Committee happen behind closed doors and, therefore,
far from the television cameras. Let me assure you, though, just
because C-SPAN is not in the room when we have our regular meetings and
hearings does not mean there is a lack of opinion, discussion, and
debate.
There is rigorous back and forth about the necessity and the
necessary number of core contractors within the intelligence community,
how to best exploit and preserve the documents from the Osama bin Laden
raid, and the appropriate ways to respond to unauthorized public
disclosure of covert actions.
We ask hard questions in this committee of our witnesses. We read and
study legal authorities for U.S. engagement around the world and ensure
that the intelligence professionals tasked with protecting America not
only have the tools they need to do their jobs, but are held
accountable for their actions.
Director Clapper said recently that ``at the heart of our work is our
people.'' This bill makes some important changes in the workforce of
the intelligence community. It requires the Director of National
Intelligence to ensure that contractors have in place security measures
consistent with the DNI standards for intelligence community networks.
It requires the DNI to ensure insider threat capabilities of the IC
apply to contractors. The bill also requires the DNI to submit a
strategic plan for improving the process of reinvestigation, so those
individuals who have security clearance are interviewed on a routine
basis, to ensure they continue to uphold the standards and requirements
necessary to access classified information.
On a final note about the workforce of the intelligence community,
Director Clapper continued, ``A diverse workforce is critical to the
mission success.''
He is right. The threats America faces are complex, ranging from
proliferation of nuclear weapons to terrorism, to Russian plans and
intentions. We need people who understand all cultures and backgrounds
and who can use their unique experience for creative solutions.
The IC has made some progress on diversity. Minority representation
in the largest intelligence agencies increased to 24 percent in 2013;
yet there is still work to be done.
Recently, the CIA released an unclassified report on women in
leadership and found that women in the CIA who sought greater
responsibility were hindered by organizational and societal challenges.
Indeed, throughout the major intelligence agencies, female hiring has
remained below 40 percent for the fourth consecutive year. Women made
up 51 percent of the general population in 2013, but only 39 percent of
the workforce in the IC community.
In addition, the percentage of female managers was only 35.5 percent.
CIA is reviewing the situation of its minority and women officers, and
I commend that initiative, and I strongly urge other agencies within
the IC to do the same.
This bill and the IC's efforts are good steps in the right direction.
However, we have to stay in stride and look for efforts to create a
more inclusive, equitable, and diverse workforce.
Going forward, I hope to look at the status of women and minority
workers throughout the IC and how to increase their management ranks.
Our workforce is our greatest asset and our greatest strength.
There are many parts of this bill which cannot be discussed on the
floor. The United States keeps secrets for a reason. However, let me
say that the intelligence professionals at each of the 16 IC agencies
go to work every day to do their jobs, keep America number one, and to
protect the homeland.
I want to commend Chairman Rogers and Ranking Member Ruppersberger
for their leadership on the Intel Committee. It was a committee
assignment that I was not sure I wanted to accept at first, but I know
how important our national security is.
I want to thank your staff, Mr. Chairman, and the ranking member's
staff for helping new members come up to speed. Indeed, what we do here
is so critically important. The Fiscal Year 2014 Intelligence
Authorization is a good bill. I urge my colleagues to support it.
Mr. ROGERS of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I just wanted to thank the gentlewoman for joining us on
the committee. It is sometimes long hours and thankless work, and I am
fairly confident our IQ on the committee has doubled since she has
arrived on the committee.
Penetrating questions, robust debate, curiosity that has no bounds,
and her travel around the world has been critically important to the
work we do on the committee, and the work that she has done on the
committee has been exceptional in adding to the product that you see
before us today.
I think that is one of the reasons it is such a good bill. I wanted
to thank the gentlewoman for her work on the 2014 fiscal bill.
Mr. Speaker, I reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, to ensure the most rigorous oversight and accountability
over all U.S. intelligence agencies and all U.S. intelligence
activities, I urge my colleagues to vote for this important bill.
I also urge my colleagues to support this bill for the sake of all of
us, not just in America, but around the world, who benefit from the
work of our intelligence community in the United States.
Mr. Speaker, I urge my colleagues to support this bill, so that our
dedicated intelligence professionals who work worldwide--often in
harm's way--can keep us safe and our allies safe. They are truly the
best in the world.
We can disagree about policy, but we should never disagree about the
professionalism, bravery, and devotion to the
[[Page H5712]]
rule of law that are the hallmarks of our intelligence professionals.
Finally, once again, let me just thank you, Mr. Chairman, for your
leadership for these past years. I also want to sincerely thank every
member of the Intelligence Committee.
I want to thank Congresswoman Terri Sewell for being here tonight and
for being involved in this bill. You were a big part of our success.
We debate, and we argue, but we always negotiate, and we always keep
in our minds what is most important: the security, privacy, and civil
liberties of the American people.
Together with the Senate--and I thank Senators Feinstein and
Chambliss again--we have produced for the House to consider today a
truly strong bill, which I am proud to support. I urge all my
colleagues to support it as well.
Mr. Speaker, I yield back the balance of my time.
Mr. ROGERS of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, again, I want to thank my ranking member, and I want to
thank all the staff--Republican and Democrat staff. These bills don't
come together for the fond wishes of us Members alone.
We have very dedicated and committed staff who sit down and work
through the issues, just the way the Members do, and we wouldn't have
this product today if it weren't for that collaboration, and I want to
thank all of them for that.
Mr. Speaker, I want to thank Dutch on a personal note. There is a lot
to not like in this town, and there is a lot to not like in this place,
but it shows you--and I think it shows Americans--that when you sit
down and have mutual respect for each other, even though we disagreed
on certain issues, you can come to a conclusion that is in the best
interest of the United States.
Through forging that relationship, I think we forged a lasting
friendship that I will always be grateful for, so I want to thank you
for that.
Thank you for your work on national security, and thanks to all the
staff who brought us here today. We have a lot more work to do, so we
can't be too nice to them.
We are going to have to get a lot of pounds of flesh between now and
the end of the year, to get a lot of work done.
With that, Mr. Speaker, I would ask and encourage this body to
support a bill that will provide national security safety for the
United States for the following years.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Rogers) that the House suspend the rules
and pass the bill, S. 1681.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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