[Congressional Record Volume 160, Number 149 (Tuesday, December 9, 2014)]
[Senate]
[Pages S6463-S6464]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEARS 2014 AND 2015
Mr. SCHATZ. Mr. President, I ask unanimous consent the Intelligence
Committee be discharged from further consideration of H.R. 4681 and the
Senate proceed to its consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 4681) to authorize appropriations for fiscal
years 2014 and 2015 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. SCHATZ. I ask unanimous consent that the Feinstein substitute
amendment, which is at the desk, be agreed to; the bill, as amended, be
read a third time, and the Senate proceed to vote on passage.
The PRESIDING OFFICER. Without objection, it so ordered.
The amendment (No. 3995) in the nature of a substitute was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment was ordered to be engrossed, and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. Hearing no further debate, the bill having
been read the third time, the question is, Shall the bill pass?
[[Page S6464]]
The bill (H.R. 4681), as amended, was passed.
Mr. SCHATZ. I ask unanimous consent that the motion to reconsider be
made and laid upon the table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
[Congressional Record Volume 160, Number 149 (Tuesday, December 9, 2014)]
[Senate]
[Pages S6464-S6465]
JOINT EXPLANATORY STATEMENT TO ACCOMPANY THE INTELLIGENCE AUTHORIZATION
ACT FOR FISCAL YEAR 2015
The following consists of the explanatory material to
accompany the Intelligence Authorization Act for Fiscal Year
2015.
This joint explanatory statement shall have the same effect
with respect to the implementation of this Act as if it were
a joint explanatory statement of a committee of conference.
This explanatory statement is accompanied by a classified
annex that contains a classified Schedule of Authorizations.
The classified Schedule of Authorizations is incorporated by
reference in the Act and has the legal status of public law.
The classified annex and classified Schedule of
Authorizations are the result of negotiations between the
Senate Select Committee on Intelligence and the House
Permanent Select Committee on Intelligence to reconcile
differences in their respective versions of the Intelligence
Authorization Act for Fiscal Year 2015. The congressionally
directed actions described in Senate Report No. 113-233, the
classified annex that accompanied Senate Report No. 113-233,
and the classified annex that accompanied House Report No.
113-463 should be carried out to the extent they are not
amended, altered, substituted, or otherwise specifically
addressed in either this Joint Explanatory Statement or in
the classified annex to this Statement.
Section-by-Section Analysis and Explanation
The following is a section-by-section analysis and
explanation of the Intelligence Authorization Act for Fiscal
Year 2015.
Title I--Intelligence Activities
Section 101. Authorization of appropriations
Section 101 lists the United States Government departments,
agencies, and other elements for which the Act authorizes
appropriations for intelligence and intelligence-related
activities for Fiscal Year 2015.
Section 102. Classified Schedule of Authorizations
Section 102 provides that the details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities and the applicable personnel
levels by program for Fiscal Year 2015 are contained in the
classified Schedule of Authorizations and that the classified
Schedule of Authorizations shall be made available to the
Committees on Appropriations of the Senate and House of
Representatives and to the President.
Section 103. Personnel ceiling adjustments
Section 103 is intended to provide additional flexibility
to the DNI in managing the civilian personnel of the
Intelligence Community (IC). Section 103 provides that the
DNI may authorize employment of civilian personnel in Fiscal
Year 2015 in excess of the number of authorized positions by
an amount not exceeding three percent of the total limit
applicable to each IC element under Section 102. The DNI may
do so only if necessary to the performance of important
intelligence functions.
Section 104. Intelligence Community Management Account
Section 104 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the DNI and sets the
authorized personnel levels for the elements within the ICMA
for Fiscal Year 2015.
Title II--Central Intelligence Agency Retirement and Disability System
Section 201. Authorization of appropriations
Section 201 authorizes appropriations in the amount of
$514,000,000 for Fiscal Year 2015 for the Central
Intelligence Agency Retirement and Disability Fund.
Title III--General Provisions
subtitle a--general matters
Section 301. Increase in employee compensation and benefits
authorized by law
Section 301 provides that funds authorized to be
appropriated by the 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 compensation or benefits authorized by law.
Section 302. Restriction on conduct of intelligence
activities
Section 302 provides that the authorization of
appropriations by the Act shall not be deemed to constitute
authority for the conduct of any intelligence activity that
is not otherwise authorized by the Constitution or laws of
the United States.
Section 303. National intelligence strategy
Section 303 amends the National Security Act of 1947 to
require the DNI to develop a comprehensive national
intelligence strategy every four years beginning in 2017.
Section 304. Software licensing
Section 304 amends Section 109 of the National Security Act
of 1947, which requires chief information officers within the
IC to prepare biennial inventories and assessments concerning
the use and procurement of software licenses, to make certain
enhancements to the biennial assessments required under
Section 109.
Section 305. Reporting of certain employment activities by
former intelligence officers and employees
Section 305 requires the head of each element of the IC to
issue regulations that require an employee occupying
positions with access to particularly sensitive information
within such element to sign a written agreement that requires
the regular reporting of any employment by, representation
of, or the provision of advice relating to national security
to the government of a foreign country, or any person whose
activities are supervised, directed, controlled, financed, or
subsidized by any government of a foreign country, for a two-
year period after the employee ceases employment with the IC
element.
Section 306. Inclusion of Predominantly Black Institutions in
intelligence officer training program
Section 306 amends the National Security Act of 1947 to
include predominantly black institutions in the intelligence
officer training programs established under Section 1024 of
the Act.
Section 307. Management and oversight of financial
intelligence
Section 307 requires the DNI to prepare a plan for
management of the elements of the IC that carry out financial
intelligence activities.
Section 308. Analysis of private sector policies and
procedures for countering insider threats
Section 308 directs the DNI to submit to the congressional
intelligence committees an analysis of private sector
policies and procedures for countering insider threats.
Section 309. Procedures for the retention of incidentally
acquired communications
Section 309 requires the head of each element of the IC to
adopt Attorney General-approved procedures that govern the
retention of nonpublic telephone or electronic communications
acquired without consent of a person who is a party to the
communications, including communications in electronic
storage.
The procedures required under this section shall apply to
any intelligence activity that is reasonably anticipated to
result in the acquisition of such telephone or electronic
communications to or from a United States person not
otherwise authorized by court order, subpoena, or similar
legal process, regardless of the location where the
collection occurs. The procedures shall prohibit the
retention of such telephone or electronic communications for
a period in excess of five years, unless the communications
are determined to fall within one of several categories,
enumerated in subsection (b)(3)(B), for which retention in
excess of five years is authorized, to include communications
that have been affirmatively determined to constitute foreign
intelligence or counterintelligence, communications that are
reasonably believed to constitute evidence of a crime and are
retained by a law enforcement agency, and communications that
are enciphered or reasonably believed to have a secret
meaning.
Because it may be necessary in certain instances for IC
elements to retain communications covered by this section for
a period in excess of five years that do not fall into the
categories specifically enumerated in subsection (b)(3)(B),
subsection (b)(3)(B)(vii) provides flexibility for the head
of each element of the intelligence community to authorize
such extended retention where the head of the element
determines that it is necessary to protect the national
security of the United States. In the absence of such a
determination, Section 309 is intended to establish a default
rule for intelligence collection activities, not otherwise
authorized by legal process, that requires agencies to delete
communications covered by this section after five years,
unless a determination is made that the communications
constitute foreign intelligence or counterintelligence or
otherwise meet the retention requirements set forth in this
section.
Section 310. Clarification of limitation of review to
retaliatory security clearance or access determinations
Section 310 makes a technical amendment to Section
3001(b)(7) of the Intelligence Reform and Terrorism
Prevention Act of 2004 to clarify that the policies and
procedures prescribed by that section (to permit individuals
to appeal adverse security clearance or access
determinations) are only required to apply to adverse
security clearance or access determinations alleged to be in
reprisal for having made a protected whistleblower
disclosure.
Section 311. Feasibility study on consolidating classified
databases of cyber threat indicators and malware samples
Section 307 requires the DNI to conduct a feasibility study
on consolidating classified databases of cyber threat
indicators and malware samples in the IC and to provide a
report to the congressional intelligence committees
summarizing the feasibility study.
Section 312. Sense of Congress on cybersecurity threat and
cybercrime cooperation with Ukraine
Section 312 expresses the sense of Congress concerning
cybersecurity threat and
[[Page S6465]]
cybercrime cooperation between the United States and Ukraine.
Section 313. Replacement of locally employed staff serving at
United States diplomatic faculties in the Russian
Federation
Section 313 requires the Secretary of State to ensure that
every supervisory position at a U.S. diplomatic facility in
the Russian Federation is occupied by a citizen of the United
States who has passed a background check and to provide
Congress with a plan to further reduce reliance on locally
employed staff.
Section 314. Inclusion of Sensitive Compartmented Information
Facilities in United States diplomatic facilities in the
Russian Federation and adjacent countries
Section 314 requires that each U.S. diplomatic facility
that is constructed in, or undergoes a construction upgrade
in, the Russian Federation, any country that shares a land
border with the Russian Federation, or any country that is a
former member of the Soviet Union, shall be constructed to
include a Sensitive Compartmented Information Facility. The
Secretary of State may waive the requirements of this section
upon a determination that it is in the national security
interest of the United States.
subtitle b--reporting
Section 321. Report on declassification process
Section 321 requires the DNI to submit a report to Congress
describing proposals to improve the declassification process
and steps the IC could take or legislation that may be
necessary, to enable the National Declassification Center to
better accomplish the missions assigned to the Center by
Executive Order 13526.
Section 322. Report on intelligence community efficient
spending targets
Section 322 requires the DNI to submit a report to the
congressional intelligence committees on the status and
effectiveness of efforts to reduce administrative costs for
the IC during the preceding year.
Section 323. Annual report on violations of law or executive
order
Section 323 requires the DNI to report annually to the
congressional intelligence committees on violations of law or
executive order by personnel of an element of the IC that
were identified during the previous calendar year. Under the
National Security Act, the President is required to keep the
congressional intelligence committees fully and currently
informed of the intelligence activities of the United States
government. Nonetheless, this annual reporting requirement is
necessary to ensure that the intelligence oversight
committees of the House and Senate are made fully aware of
violations of law or executive order, including, in
particular, violations of Executive order 12333 for
activities not otherwise subject to the Foreign Intelligence
Surveillance Act.
Section 324. Annual report on intelligence activities of the
Department of Homeland Security
Section 324 requires the Under Secretary for Intelligence
and Analysis of the DHS to provide the congressional
intelligence committees with a report on each intelligence
activity of each intelligence component of the Department
that includes, among other things, the amount of funding
requested, the number of full-time employees, and the number
of full-time contractor employees. In addition, Section 324
requires the Secretary of Homeland Security to submit to the
congressional intelligence committees a report that examines
the feasibility and advisability of consolidating the
planning, programming, and resourcing of such activities
within the Homeland Security Intelligence Program (HSIP).
The HSIP budget was established to fund those intelligence
activities that principally support missions of the DHS
separately from those of the NIP. To date, however, this
mechanism has only been used to supplement the budget for the
office of Intelligence and Analysis. It has not been used to
fund the activities of the non-IC components in the DHS that
conduct intelligence-related activities. As a result, there
is no comprehensive reporting to Congress regarding the
overall resources and personnel required in support of the
Department's intelligence activities.
Section 325. Report on political prison camps in North Korea
Section 325 requires the DNI to submit a report on
political prison camps in North Korea to the congressional
intelligence committees.
Section 326. Assessment of security of domestic oil
refineries and related rail transportation infrastructure
Section 326 requires the Under Secretary of Homeland
Security for Intelligence and Analysis to conduct an
intelligence assessment of the security of domestic oil
refineries and related rail transportation infrastructure.
Section 327. Enhanced contractor level assessments for the
intelligence community
Section 327 amends the National Security Act of 1947 to
require that the annual personnel level assessments for the
IC, required under Section 506B of the Act, include a
separate estimate of the number of intelligence collectors
and analysts contracted by each element of the IC and a
description of the functions performed by such contractors.
Section 328. Assessment of the efficacy of memoranda of
understanding to facilitate intelligence-sharing
Section 328 requires the Under Secretary of Homeland
Security for Intelligence and Analysis to provide appropriate
congressional committees with an assessment of the efficacy
of the memoranda of understanding signed between Federal,
State, local, tribal, and territorial agencies to facilitate
intelligence-sharing within and separate from the Joint
Terrorism Task Force. This study should help identify any
obstacles to intelligence sharing between agencies,
particularly any obstacles that might have impeded
intelligence sharing in the wake of the April 2013 bombing of
the Boston Marathon, and find improvements to existing
intelligence sharing relationships.
Section 329. Report on foreign man-made electromagnetic pulse
weapons
Section 329 requires the DNI to provide appropriate
congressional committees with a report on the threat posed by
manmade electromagnetic pulse weapons to United States
interests through 2025.
Section 330. Report on United States counterterrorism
strategy to disrupt, dismantle, and defeat al-Qaeda and
its affiliated or associated groups
Section 330 requires the DNI to provide appropriate
congressional committees with a report on the United States
counterterrorism strategy to disrupt, dismantle, and defeat
al Qaeda and its affiliated or associated groups.
Section 331. Feasibility study on retraining veterans in
cybersecurity
Section 331 requires the DNI to submit to Congress a
feasibility study on retraining veterans and retired members
of elements of the IC in cybersecurity.
____________________
SA 3995. Mr. SCHATZ (for Mrs. Feinstein) proposed an amendment to the
bill H.R. 4681, to authorize appropriations for fiscal years 2014 and
2015 for intelligence and intelligence-related activities of the United
States Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2015''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary effects.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. National intelligence strategy.
Sec. 304. Software licensing.
Sec. 305. Reporting of certain employment activities by former
intelligence officers and employees.
Sec. 306. Inclusion of Predominantly Black Institutions in intelligence
officer training program.
Sec. 307. Management and oversight of financial intelligence.
Sec. 308. Analysis of private sector policies and procedures for
countering insider threats.
Sec. 309. Procedures for the retention of incidentally acquired
communications.
Sec. 310. Clarification of limitation of review to retaliatory security
clearance or access determinations.
Sec. 311. Feasibility study on consolidating classified databases of
cyber threat indicators and malware samples.
Sec. 312. Sense of Congress on cybersecurity threat and cybercrime
cooperation with Ukraine.
Sec. 313. Replacement of locally employed staff serving at United
States diplomatic facilities in the Russian Federation.
Sec. 314. Inclusion of Sensitive Compartmented Information Facilities
in United States diplomatic facilities in the Russian
Federation and adjacent countries.
Subtitle B--Reporting
Sec. 321. Report on declassification process.
Sec. 322. Report on intelligence community efficient spending targets.
Sec. 323. Annual report on violations of law or executive order.
Sec. 324. Annual report on intelligence activities of the Department of
Homeland Security.
Sec. 325. Report on political prison camps in North Korea.
Sec. 326. Assessment of security of domestic oil refineries and related
rail transportation infrastructure.
Sec. 327. Enhanced contractor level assessments for the intelligence
community.
Sec. 328. Assessment of the efficacy of memoranda of understanding to
facilitate intelligence-sharing.
Sec. 329. Report on foreign man-made electromagnetic pulse weapons.
Sec. 330. Report on United States counterterrorism strategy to disrupt,
dismantle, and defeat al-Qaeda and its affiliated or
associated groups.
Sec. 331. Feasibility study on retraining veterans in cybersecurity.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 3. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2015 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The
amounts authorized to be appropriated under section 101 and,
subject to section 103, the authorized personnel ceilings as
of September 30, 2015, for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through
(16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany the bill
H.R. 4681 of the One Hundred Thirteenth Congress.
[[Page S6458]]
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National
Intelligence may authorize employment of civilian personnel
in excess of the number authorized for fiscal year 2015 by
the classified Schedule of Authorizations referred to in
section 102(a) if the Director of National Intelligence
determines that such action is necessary to the performance
of important intelligence functions, except that the number
of personnel employed in excess of the number authorized
under such section may not, for any element of the
intelligence community, exceed 3 percent of the number of
civilian personnel authorized under such Schedule for such
element.
(b) Treatment of Certain Personnel.--The Director of
National Intelligence shall establish guidelines that govern,
for each element of the intelligence community, the treatment
under the personnel levels authorized under section 102(a),
including any exemption from such personnel levels, of
employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The
Director of National Intelligence shall notify the
congressional intelligence committees in writing at least 15
days prior to each exercise of an authority described in
subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2015 the sum of $507,400,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2016.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 794 positions as of
September 30, 2015. Personnel serving in such elements may be
permanent employees of the Office of the Director of National
Intelligence or personnel detailed from other elements of the
United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2015 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced research and development shall remain available
until September 30, 2016.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2015, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2015 the sum of $514,000,000.
TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. NATIONAL INTELLIGENCE STRATEGY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by inserting after
section 108 the following:
``SEC. 108A. NATIONAL INTELLIGENCE STRATEGY.
``(a) In General.--Beginning in 2017, and once every 4
years thereafter, the Director of National Intelligence shall
develop a comprehensive national intelligence strategy to
meet national security objectives for the following 4-year
period, or a longer period, if appropriate.
``(b) Requirements.--Each national intelligence strategy
required by subsection (a) shall--
``(1) delineate a national intelligence strategy consistent
with--
``(A) the most recent national security strategy report
submitted pursuant to section 108;
``(B) the strategic plans of other relevant departments and
agencies of the United States; and
``(C) other relevant national-level plans;
``(2) address matters related to national and military
intelligence, including counterintelligence;
``(3) identify the major national security missions that
the intelligence community is currently pursuing and will
pursue in the future to meet the anticipated security
environment;
``(4) describe how the intelligence community will utilize
personnel, technology, partnerships, and other capabilities
to pursue the major national security missions identified in
paragraph (3);
``(5) assess current, emerging, and future threats to the
intelligence community, including threats from foreign
intelligence and security services and insider threats;
``(6) outline the organizational roles and missions of the
elements of the intelligence community as part of an
integrated enterprise to meet customer demands for
intelligence products, services, and support;
``(7) identify sources of strategic, institutional,
programmatic, fiscal, and technological risk; and
``(8) analyze factors that may affect the intelligence
community's performance in pursuing the major national
security missions identified in paragraph (3) during the
following 10-year period.
``(c) Submission to Congress.--The Director of National
Intelligence shall submit to the congressional intelligence
committees a report on each national intelligence strategy
required by subsection (a) not later than 45 days after the
date of the completion of such strategy.''.
(b) Table of Contents Amendments.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 108
the following new item:
``Sec. 108A. National intelligence strategy.''.
SEC. 304. SOFTWARE LICENSING.
Section 109 of the National Security Act of 1947 (50 U.S.C.
3044) is amended--
(1) in subsection (a)(2), by striking ``usage; and'' and
inserting ``usage, including--
``(A) increasing the centralization of the management of
software licenses;
``(B) increasing the regular tracking and maintaining of
comprehensive inventories of software licenses using
automated discovery and inventory tools and metrics;
``(C) analyzing software license data to inform investment
decisions; and
``(D) providing appropriate personnel with sufficient
software licenses management training; and'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2), by striking ``usage.'' and inserting
``usage, including--
``(A) increasing the centralization of the management of
software licenses;
``(B) increasing the regular tracking and maintaining of
comprehensive inventories of software licenses using
automated discovery and inventory tools and metrics;
``(C) analyzing software license data to inform investment
decisions; and
``(D) providing appropriate personnel with sufficient
software licenses management training; and''; and
(C) by adding at the end the following new paragraph:
``(3) based on the assessment required under paragraph (2),
make such recommendations with respect to software
procurement and usage to the Director of National
Intelligence as the Chief Information Officer considers
appropriate.''; and
(3) by adding at the end the following new subsection:
``(d) Implementation of Recommendations.--Not later than
180 days after the date on which the Director of National
Intelligence receives recommendations from the Chief
Information Officer of the Intelligence Community in
accordance with subsection (b)(3), the Director of National
Intelligence shall, to the extent practicable, issue
guidelines for the intelligence community on software
procurement and usage based on such recommendations.''.
SEC. 305. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY
FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) Restriction.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by inserting after
section 303 the following new section:
[[Page S6459]]
``SEC. 304. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY
FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.
``(a) In General.--The head of each element of the
intelligence community shall issue regulations requiring each
employee of such element occupying a covered position to sign
a written agreement requiring the regular reporting of
covered employment to the head of such element.
``(b) Agreement Elements.--The regulations required under
subsection (a) shall provide that an agreement contain
provisions requiring each employee occupying a covered
position to, during the two-year period beginning on the date
on which such employee ceases to occupy such covered
position--
``(1) report covered employment to the head of the element
of the intelligence community that employed such employee in
such covered position upon accepting such covered employment;
and
``(2) annually (or more frequently if the head of such
element considers it appropriate) report covered employment
to the head of such element.
``(c) Definitions.--In this section:
``(1) Covered employment.--The term `covered employment'
means direct employment by, representation of, or the
provision of advice relating to national security to the
government of a foreign country or any person whose
activities are directly or indirectly supervised, directed,
controlled, financed, or subsidized, in whole or in major
part, by any government of a foreign country.
``(2) Covered position.--The term `covered position' means
a position within an element of the intelligence community
that, based on the level of access of a person occupying such
position to information regarding sensitive intelligence
sources or methods or other exceptionally sensitive matters,
the head of such element determines should be subject to the
requirements of this section.
``(3) Government of a foreign country.--The term
`government of a foreign country' has the meaning given the
term in section 1(e) of the Foreign Agents Registration Act
of 1938 (22 U.S.C. 611(e)).''.
(b) Regulations and Certification.--
(1) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the head of each element of the
intelligence community shall issue the regulations required
under section 304 of the National Security Act of 1947, as
added by subsection (a) of this section.
(2) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees--
(A) a certification that each head of an element of the
intelligence community has prescribed the regulations
required under section 304 of the National Security Act of
1947, as added by subsection (a) of this section; or
(B) if the Director is unable to submit the certification
described under subparagraph (A), an explanation as to why
the Director is unable to submit such certification,
including a designation of which heads of an element of the
intelligence community have prescribed the regulations
required under such section 304 and which have not.
(c) Table of Contents Amendments.--The table of contents in
the first section of the National Security Act of 1947 is
amended--
(1) by striking the second item relating to section 302
(Under Secretaries and Assistant Secretaries) and the items
relating to sections 304, 305, and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Reporting of certain employment activities by former
intelligence officers and employees.''.
SEC. 306. INCLUSION OF PREDOMINANTLY BLACK INSTITUTIONS IN
INTELLIGENCE OFFICER TRAINING PROGRAM.
Section 1024 of the National Security Act of 1947 (50
U.S.C. 3224) is amended--
(1) in subsection (c)(1), by inserting ``and Predominantly
Black Institutions'' after ``universities''; and
(2) in subsection (g)--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) Predominantly black institution.--The term
`Predominantly Black Institution' has the meaning given the
term in section 318 of the Higher education Act of 1965 (20
U.S.C. 1059e).''.
SEC. 307. MANAGEMENT AND OVERSIGHT OF FINANCIAL INTELLIGENCE.
(a) Requirement for Plan.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall prepare a plan for management of the
elements of the intelligence community that carry out
financial intelligence activities.
(b) Contents of Plan.--The plan required by subsection (a)
shall establish a governance framework, procedures for
sharing and harmonizing the acquisition and use of financial
analytic tools, standards for quality of analytic products,
procedures for oversight and evaluation of resource
allocations associated with the joint development of
information sharing efforts and tools, and an education and
training model for elements of the intelligence community
that carry out financial intelligence activities.
(c) Briefing to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall brief the congressional
intelligence committees on the actions the Director proposes
to implement the plan required by subsection (a).
SEC. 308. ANALYSIS OF PRIVATE SECTOR POLICIES AND PROCEDURES
FOR COUNTERING INSIDER THREATS.
(a) Analysis.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the National
Counterintelligence Executive, shall submit to the
congressional intelligence committees an analysis of private
sector policies and procedures for countering insider
threats.
(b) Content.--The analysis required by subsection (a) shall
include--
(1) a review of whether and how the intelligence community
could utilize private sector hiring and human resources best
practices to screen, vet, and validate the credentials,
capabilities, and character of applicants for positions
involving trusted access to sensitive information;
(2) an analysis of private sector policies for holding
supervisors and subordinates accountable for violations of
established security protocols and whether the intelligence
community should adopt similar policies for positions of
trusted access to sensitive information;
(3) an assessment of the feasibility and advisability of
applying mandatory leave policies, similar to those endorsed
by the Federal Deposit Insurance Corporation and the
Securities and Exchange Commission to identify fraud in the
financial services industry, to certain positions within the
intelligence community; and
(4) recommendations for how the intelligence community
could utilize private sector risk indices, such as credit
risk scores, to make determinations about employee access to
sensitive information.
SEC. 309. PROCEDURES FOR THE RETENTION OF INCIDENTALLY
ACQUIRED COMMUNICATIONS.
(a) Definitions.--In this section:
(1) Covered communication.--The term ``covered
communication'' means any nonpublic telephone or electronic
communication acquired without the consent of a person who is
a party to the communication, including communications in
electronic storage.
(2) Head of an element of the intelligence community.--The
term ``head of an element of the intelligence community''
means, as appropriate--
(A) the head of an element of the intelligence community;
or
(B) the head of the department or agency containing such
element.
(3) United states person.--The term ``United States
person'' has the meaning given that term in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
(b) Procedures for Covered Communications.--
(1) Requirement to adopt.--Not later than 2 years after the
date of the enactment of this Act each head of an element of
the intelligence community shall adopt procedures approved by
the Attorney General for such element that ensure compliance
with the requirements of paragraph (3).
(2) Coordination and approval.--The procedures required by
paragraph (1) shall be--
(A) prepared in coordination with the Director of National
Intelligence; and
(B) approved by the Attorney General prior to issuance.
(3) Procedures.--
(A) Application.--The procedures required by paragraph (1)
shall apply to any intelligence collection activity not
otherwise authorized by court order (including an order or
certification issued by a court established under subsection
(a) or (b) of section 103 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or
similar legal process that is reasonably anticipated to
result in the acquisition of a covered communication to or
from a United States person and shall permit the acquisition,
retention, and dissemination of covered communications
subject to the limitation in subparagraph (B).
(B) Limitation on retention.--A covered communication shall
not be retained in excess of 5 years, unless--
(i) the communication has been affirmatively determined, in
whole or in part, to constitute foreign intelligence or
counterintelligence or is necessary to understand or assess
foreign intelligence or counterintelligence;
(ii) the communication is reasonably believed to constitute
evidence of a crime and is retained by a law enforcement
agency;
(iii) the communication is enciphered or reasonably
believed to have a secret meaning;
(iv) all parties to the communication are reasonably
believed to be non-United States persons;
(v) retention is necessary to protect against an imminent
threat to human life, in which case both the nature of the
threat and the information to be retained shall be reported
to the congressional intelligence committees not later than
30 days after the date such retention is extended under this
clause;
(vi) retention is necessary for technical assurance or
compliance purposes, including a court order or discovery
obligation, in which case access to information retained for
technical assurance or compliance purposes shall
[[Page S6460]]
be reported to the congressional intelligence committees on
an annual basis; or
(vii) retention for a period in excess of 5 years is
approved by the head of the element of the intelligence
community responsible for such retention, based on a
determination that retention is necessary to protect the
national security of the United States, in which case the
head of such element shall provide to the congressional
intelligence committees a written certification describing--
(I) the reasons extended retention is necessary to protect
the national security of the United States;
(II) the duration for which the head of the element is
authorizing retention;
(III) the particular information to be retained; and
(IV) the measures the element of the intelligence community
is taking to protect the privacy interests of United States
persons or persons located inside the United States.
SEC. 310. CLARIFICATION OF LIMITATION OF REVIEW TO
RETALIATORY SECURITY CLEARANCE OR ACCESS
DETERMINATIONS.
Section 3001(b)(7) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(b)(7)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``2014--'' and inserting ``2014, and consistent with
subsection (j)--'';
(2) in subparagraph (A), by striking ``to appeal a
determination to suspend or revoke a security clearance or
access to classified information'' and inserting ``alleging
reprisal for having made a protected disclosure (provided the
individual does not disclose classified information or other
information contrary to law) to appeal any action affecting
an employee's access to classified information''; and
(3) in subparagraph (B), by striking ``information,''
inserting ``information following a protected disclosure,''.
SEC. 311. FEASIBILITY STUDY ON CONSOLIDATING CLASSIFIED
DATABASES OF CYBER THREAT INDICATORS AND
MALWARE SAMPLES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Homeland
Security, the Director of the National Security Agency, the
Director of the Central Intelligence Agency, and the Director
of the Federal Bureau of Investigation, shall conduct a
feasibility study on consolidating classified databases of
cyber threat indicators and malware samples in the
intelligence community.
(b) Elements.--The feasibility study required by subsection
(a) shall include the following:
(1) An inventory of classified databases of cyber threat
indicators and malware samples in the intelligence community.
(2) An assessment of actions that could be carried out to
consolidate such databases to achieve the greatest possible
information sharing within the intelligence community and
cost savings for the Federal Government.
(3) An assessment of any impediments to such consolidation.
(4) An assessment of whether the Intelligence Community
Information Technology Enterprise can support such
consolidation.
(c) Report to Congress.--Not later than 30 days after the
date on which the Director of National Intelligence completes
the feasibility study required by subsection (a), the
Director shall submit to the congressional intelligence
committees a written report that summarizes the feasibility
study, including the information required under subsection
(b).
SEC. 312. SENSE OF CONGRESS ON CYBERSECURITY THREAT AND
CYBERCRIME COOPERATION WITH UKRAINE.
It is the sense of Congress that--
(1) cooperation between the intelligence and law
enforcement agencies of the United States and Ukraine should
be increased to improve cybersecurity policies between these
two countries;
(2) the United States should pursue improved extradition
procedures among the Governments of the United States,
Ukraine, and other countries from which cybercriminals target
United States citizens and entities;
(3) the President should--
(A) initiate a round of formal United States-Ukraine
bilateral talks on cybersecurity threat and cybercrime
cooperation, with additional multilateral talks that include
other law enforcement partners such as Europol and Interpol;
and
(B) work to obtain a commitment from the Government of
Ukraine to end cybercrime directed at persons outside Ukraine
and to work with the United States and other allies to deter
and convict known cybercriminals;
(4) the President should establish a capacity building
program with the Government of Ukraine, which could include--
(A) a joint effort to improve cyber capacity building,
including intelligence and law enforcement services in
Ukraine;
(B) sending United States law enforcement agents to aid law
enforcement agencies in Ukraine in investigating cybercrimes;
and
(C) agreements to improve communications networks to
enhance law enforcement cooperation, such as a hotline
directly connecting law enforcement agencies in the United
States and Ukraine; and
(5) the President should establish and maintain an
intelligence and law enforcement cooperation scorecard with
metrics designed to measure the number of instances that
intelligence and law enforcement agencies in the United
States request assistance from intelligence and law
enforcement agencies in Ukraine and the number and type of
responses received to such requests.
SEC. 313. REPLACEMENT OF LOCALLY EMPLOYED STAFF SERVING AT
UNITED STATES DIPLOMATIC FACILITIES IN THE
RUSSIAN FEDERATION.
(a) Employment Requirement.--
(1) In general.--The Secretary of State shall ensure that,
not later than one year after the date of the enactment of
this Act, every supervisory position at a United States
diplomatic facility in the Russian Federation shall be
occupied by a citizen of the United States who has passed,
and shall be subject to, a thorough background check.
(2) Extension.--The Secretary of State may extend the
deadline under paragraph (1) for up to one year by providing
advance written notification and justification of such
extension to the appropriate congressional committees.
(3) Progress report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees a
report on progress made toward meeting the employment
requirement under paragraph (1).
(b) Plan for Reduced Use of Locally Employed Staff.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of State, in coordination with other
appropriate government agencies, shall submit to the
appropriate congressional committees a plan to further reduce
the reliance on locally employed staff in United States
diplomatic facilities in the Russian Federation. The plan
shall, at a minimum, include cost estimates, timelines, and
numbers of employees to be replaced.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(d) Rule of Construction.--Nothing in this section shall be
construed to infringe on the power of the President, by and
with the advice and consent of the Senate, to appoint
ambassadors, other public ministers, and consuls.''
SEC. 314. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION
FACILITIES IN UNITED STATES DIPLOMATIC
FACILITIES IN THE RUSSIAN FEDERATION AND
ADJACENT COUNTRIES.
(a) Sensitive Compartmented Information Facility
Requirement.--Each United States diplomatic facility that,
after the date of the enactment of this Act, is constructed
in, or undergoes a construction upgrade in, the Russian
Federation, any country that shares a land border with the
Russian Federation, or any country that is a former member of
the Soviet Union shall be constructed to include a Sensitive
Compartmented Information Facility.
(b) National Security Waiver.--The Secretary of State may
waive the requirement under subsection (a) if the Secretary
determines that such waiver is in the national security
interest of the United States and submits a written
justification to the appropriate congressional committees not
later than 180 days before exercising such waiver.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
Subtitle B--Reporting
SEC. 321. REPORT ON DECLASSIFICATION PROCESS.
Not later than December 31, 2016, the Director of National
Intelligence shall submit to Congress a report describing--
(1) proposals to improve the declassification process
throughout the intelligence community; and
(2) steps the intelligence community could take, or
legislation that may be necessary, to enable the National
Declassification Center to better accomplish the missions
assigned to the Center by Executive Order No. 13526 (75 Fed.
Reg. 707).
SEC. 322. REPORT ON INTELLIGENCE COMMUNITY EFFICIENT SPENDING
TARGETS.
(a) In General.--Not later than April 1, 2016, and April 1,
2017, the Director of National Intelligence shall submit to
the congressional intelligence committees a report on the
status and effectiveness of efforts to reduce administrative
costs for the intelligence community during the preceding
year.
(b) Elements.--Each report under subsection (a) shall
include for each element of the intelligence community the
following:
[[Page S6461]]
(1) A description of the status and effectiveness of
efforts to devise alternatives to government travel and
promote efficient travel spending, such as teleconferencing
and video conferencing.
(2) A description of the status and effectiveness of
efforts to limit costs related to hosting and attending
conferences.
(3) A description of the status and effectiveness of
efforts to assess information technology inventories and
usage, and establish controls, to reduce costs related to
underutilized information technology equipment, software, or
services.
(4) A description of the status and effectiveness of
efforts to limit the publication and printing of hard copy
documents.
(5) A description of the status and effectiveness of
efforts to improve the performance of Federal fleet motor
vehicles and limit executive transportation.
(6) A description of the status and effectiveness of
efforts to limit the purchase of extraneous promotional
items, such as plaques, clothing, and commemorative items.
(7) A description of the status and effectiveness of
efforts to consolidate and streamline workforce training
programs to focus on the highest priority workforce and
mission needs.
(8) Such other matters relating to efforts to reduce
intelligence community administrative costs as the Director
may specify for purposes of this section.
SEC. 323. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE
ORDER.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end
the following:
``SEC. 511. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE
ORDER.
``(a) Annual Reports Required.--The Director of National
Intelligence shall annually submit to the congressional
intelligence committees a report on violations of law or
executive order relating to intelligence activities by
personnel of an element of the intelligence community that
were identified during the previous calendar year.
``(b) Elements.--Each report submitted under subsection (a)
shall, consistent with the need to preserve ongoing criminal
investigations, include a description of, and any action
taken in response to, any violation of law or executive order
(including Executive Order No. 12333 (50 U.S.C. 3001 note))
relating to intelligence activities committed by personnel of
an element of the intelligence community in the course of the
employment of such personnel that, during the previous
calendar year, was--
``(1) determined by the director, head, or general counsel
of any element of the intelligence community to have
occurred;
``(2) referred to the Department of Justice for possible
criminal prosecution; or
``(3) substantiated by the inspector general of any element
of the intelligence community.''.
(b) Initial Report.--The first report required under
section 511 of the National Security Act of 1947, as added by
subsection (a), shall be submitted not later than one year
after the date of the enactment of this Act.
(c) Guidelines.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the head of each element
of the intelligence community, shall--
(1) issue guidelines to carry out section 511 of the
National Security Act of 1947, as added by subsection (a);
and
(2) submit such guidelines to the congressional
intelligence committees.
(d) Table of Contents Amendment.--The table of sections in
the first section of the National Security Act of 1947 is
amended by adding after the item relating to section 510 the
following new item:
``Sec. 511. Annual report on violations of law or executive order.''.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to alter
any requirement existing on the date of the enactment of this
Act to submit a report under any provision of law.
SEC. 324. ANNUAL REPORT ON INTELLIGENCE ACTIVITIES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--For each fiscal year and along with the
budget materials submitted in support of the budget of the
Department of Homeland Security pursuant to section 1105(a)
of title 31, United States Code, the Under Secretary for
Intelligence and Analysis of the Department shall submit to
the congressional intelligence committees a report for such
fiscal year on each intelligence activity of each
intelligence component of the Department, as designated by
the Under Secretary, that includes the following:
(1) The amount of funding requested for each such
intelligence activity.
(2) The number of full-time employees funded to perform
each such intelligence activity.
(3) The number of full-time contractor employees (or the
equivalent of full-time in the case of part-time contractor
employees) funded to perform or in support of each such
intelligence activity.
(4) A determination as to whether each such intelligence
activity is predominantly in support of national intelligence
or departmental missions.
(5) The total number of analysts of the Intelligence
Enterprise of the Department that perform--
(A) strategic analysis; or
(B) operational analysis.
(b) Feasibility and Advisability Report.--Not later than
120 days after the date of the enactment of this Act, the
Secretary of Homeland Security, acting through the Under
Secretary for Intelligence and Analysis, shall submit to the
congressional intelligence committees a report that--
(1) examines the feasibility and advisability of including
the budget request for all intelligence activities of each
intelligence component of the Department that predominantly
support departmental missions, as designated by the Under
Secretary for Intelligence and Analysis, in the Homeland
Security Intelligence Program; and
(2) includes a plan to enhance the coordination of
department-wide intelligence activities to achieve greater
efficiencies in the performance of the Department of Homeland
Security intelligence functions.
(c) Intelligence Component of the Department.--In this
section, the term ``intelligence component of the
Department'' has the meaning given that term in section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101).
SEC. 325. REPORT ON POLITICAL PRISON CAMPS IN NORTH KOREA.
(a) In General.--The Director of National Intelligence, in
consultation with the Secretary of State, shall submit to the
congressional intelligence committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a report on political
prison camps in North Korea.
(b) Elements.--The report required by subsection (a)
shall--
(1) describe the actions the United States is taking to
support implementation of the recommendations of the United
Nations Commission of Inquiry on Human Rights in the
Democratic People's Republic of Korea, including the eventual
establishment of a tribunal to hold individuals accountable
for abuses; and
(2) include, with respect to each political prison camp in
North Korea to the extent information is available--
(A) the estimated prisoner population of each such camp;
(B) the geographical coordinates of each such camp;
(C) the reasons for confinement of the prisoners at each
such camp;
(D) a description of the primary industries and products
made at each such camp, and the end users of any goods
produced in such camp;
(E) information regarding involvement of any non-North
Korean entity or individual involved in the operations of
each such camp, including as an end user or source of any
good or products used in, or produced by, in such camp;
(F) information identifying individuals and agencies
responsible for conditions in each such camp at all levels of
the Government of North Korea;
(G) a description of the conditions under which prisoners
are confined, with respect to the adequacy of food, shelter,
medical care, working conditions, and reports of ill-
treatment of prisoners, at each such camp; and
(H) unclassified imagery, including satellite imagery, of
each such camp.
(c) Form.--The report required by subsection (a) shall be
submitted in an unclassified form and may include a
classified annex if necessary.
SEC. 326. ASSESSMENT OF SECURITY OF DOMESTIC OIL REFINERIES
AND RELATED RAIL TRANSPORTATION INFRASTRUCTURE.
(a) Assessment.--The Under Secretary of Homeland Security
for Intelligence and Analysis shall conduct an intelligence
assessment of the security of domestic oil refineries and
related rail transportation infrastructure.
(b) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Homeland
Security for Intelligence and Analysis shall submit to the
congressional intelligence committees--
(1) the results of the assessment required under subsection
(a); and
(2) any recommendations with respect to intelligence
sharing or intelligence collection to improve the security of
domestic oil refineries and related rail transportation
infrastructure to protect the communities surrounding such
refineries or such infrastructure from potential harm that
the Under Secretary considers appropriate.
SEC. 327. ENHANCED CONTRACTOR LEVEL ASSESSMENTS FOR THE
INTELLIGENCE COMMUNITY.
Section 506B(c) of the National Security Act of 1947 (50
U.S.C. 3098(c)) is amended--
(1) in paragraph (11), by striking ``or contracted'';
(2) by redesignating paragraph (12) as paragraph (13); and
(3) by inserting after paragraph (11) the following:
``(12) The best estimate of the number of intelligence
collectors and analysts contracted by each element of the
intelligence community and a description of the functions
performed by such contractors.''.
SEC. 328. ASSESSMENT OF THE EFFICACY OF MEMORANDA OF
UNDERSTANDING TO FACILITATE INTELLIGENCE-
SHARING.
Not later than 90 days after the date of the enactment of
this Act, the Under Secretary of Homeland Security for
Intelligence and Analysis, in consultation with the Director
of the Federal Bureau of Investigation and
[[Page S6462]]
the Program Manager of the Information Sharing Environment,
shall submit to the congressional intelligence committees,
the Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Homeland Security of the
House of Representatives, the Committee on the Judiciary of
the Senate, and the Committee on the Judiciary of the House
of Representatives an assessment of the efficacy of the
memoranda of understanding signed between Federal, State,
local, tribal, and territorial agencies to facilitate
intelligence-sharing within and separate from the Joint
Terrorism Task Force. Such assessment shall include--
(1) any language within such memoranda of understanding
that prohibited or may be construed to prohibit intelligence-
sharing between Federal, State, local, tribal, and
territorial agencies; and
(2) any recommendations for memoranda of understanding to
better facilitate intelligence-sharing between Federal,
State, local, tribal, and territorial agencies.
SEC. 329. REPORT ON FOREIGN MAN-MADE ELECTROMAGNETIC PULSE
WEAPONS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees,
the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives a
report on the threat posed by man-made electromagnetic pulse
weapons to United States interests through 2025, including
threats from foreign countries and foreign non-State actors.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 330. REPORT ON UNITED STATES COUNTERTERRORISM STRATEGY
TO DISRUPT, DISMANTLE, AND DEFEAT AL-QAEDA AND
ITS AFFILIATED OR ASSOCIATED GROUPS.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a comprehensive report on the United States
counterterrorism strategy to disrupt, dismantle, and defeat
al-Qaeda and its affiliated or associated groups.
(2) Coordination.--The report required by paragraph (1)
shall be prepared in coordination with the Secretary of
State, the Secretary of the Treasury, the Attorney General,
and the Secretary of Defense, and the head of any other
department or agency of the United States Government that has
responsibility for activities directed at combating al-Qaeda
and its affiliated or associated groups.
(3) Elements.--The report required by paragraph (1) shall
include the following:
(A) A definition of--
(i) al-Qaeda core, including a list of which known
individuals constitute al-Qaeda core;
(ii) an affiliated group of al-Qaeda, including a list of
which known groups constitute an affiliate group of al-Qaeda;
(iii) an associated group of al-Qaeda, including a list of
which known groups constitute an associated group of al-
Qaeda; and
(iv) a group aligned with al-Qaeda, including a description
of what actions a group takes or statements it makes that
qualify it as a group aligned with al-Qaeda.
(B) A list of any other group, including the organization
that calls itself the Islamic State (also known as ``ISIS''
or ``ISIL''), that adheres to the core mission of al-Qaeda,
or who espouses the same violent jihad ideology as al-Qaeda.
(C) An assessment of the relationship between al-Qaeda core
and the groups referred to in subparagraph (B).
(D) An assessment of the strengthening or weakening of al-
Qaeda and the groups referred to in subparagraph (B) from
January 1, 2010, to the present, including a description of
the metrics that are used to assess strengthening or
weakening and an assessment of the relative increase or
decrease in violent attacks attributed to such entities.
(E) An assessment of whether or not an individual can be a
member of al-Qaeda core if such individual is not located in
Afghanistan or Pakistan.
(F) An assessment of whether or not an individual can be a
member of al-Qaeda core as well as a member of a group
referred to in subparagraph (B).
(G) A definition of defeat of core al-Qaeda.
(H) An assessment of the extent or coordination, command,
and control between core al-Qaeda and the groups referred to
in subparagraph (B), specifically addressing each such group.
(I) An assessment of the effectiveness of counterterrorism
operations against core al-Qaeda and the groups referred to
in subparagraph (B), and whether such operations have had a
sustained impact on the capabilities and effectiveness of
core al-Qaeda and such groups.
(4) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 331. FEASIBILITY STUDY ON RETRAINING VETERANS IN
CYBERSECURITY.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence, in
consultation with the Secretary of Defense, the Secretary of
Veterans Affairs, and the Secretary of Homeland Security,
shall submit to Congress a feasibility study on retraining
veterans and retired members of elements of the intelligence
community in cybersecurity.
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