[House Report 113-463]
[From the U.S. Government Printing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-463
======================================================================
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEARS 2014 AND 2015
_______
May 27, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rogers of Michigan, from the Permanent Select Committee on
Intelligence, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4681]
[Including cost estimate of the Congressional Budget Office]
The Permanent Select Committee on Intelligence, to whom was
referred 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, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is 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 Years 2014 and 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.
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. Specific authorization of funding for High Performance
Computing Center 2.
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. Public Interest Declassification Board.
Sec. 311. Official representation items in support of the Coast Guard
Attache Program.
Sec. 312. Declassification review of certain items collected during the
mission that killed Osama bin Laden on May 1, 2011.
Sec. 313. Merger of the Foreign Counterintelligence Program and the
General Defense Intelligence Program.
Subtitle B--Reporting
Sec. 321. Annual report on violations of law or executive order.
Sec. 322. Submittal to Congress by heads of elements of intelligence
community of plans for orderly shutdown in event of absence of
appropriations.
Sec. 323. Reports on chemical weapons in Syria.
Sec. 324. Reports to the intelligence community on penetrations of
networks and information systems of certain contractors.
Sec. 325. Report on electronic waste.
Sec. 326. Promoting STEM education to meet the future workforce needs
of the intelligence community.
Sec. 327. Assessment of security of domestic oil refineries and related
rail transportation infrastructure.
Sec. 328. Repeal or modification of certain reporting requirements.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Sec. 401. Gifts, devises, and bequests to the Central Intelligence
Agency.
Sec. 402. Inspector General of the National Security Agency.
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--TECHNICAL AMENDMENTS
Sec. 601. Technical amendments to the Central Intelligence Agency Act
of 1949.
Sec. 602. Technical amendments to the National Security Act of 1947
relating to the past elimination of certain positions.
Sec. 603. 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 years 2014
and 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.--
(1) Fiscal year 2014.--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 for
fiscal year 2014 prepared to accompany the bill H.R. 4681 of
the One Hundred Thirteenth Congress.
(2) Fiscal year 2015.--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 for
fiscal year 2015 prepared to accompany the bill H.R. 4681 of
the One Hundred Thirteenth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedules 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 Schedules of Authorizations, or of appropriate
portions of the Schedules, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedules of Authorizations or any
portion of such Schedules 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 or 2015 by the classified Schedules 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 the
Schedule for such element during the fiscal year covered by such
Schedule.
(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.--
(1) Fiscal year 2014.--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.
(2) Fiscal year 2015.--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 $505,476,000. 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 855 positions as of September 30, 2014, and
777 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.--
(A) Fiscal year 2014.--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 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.
(B) Fiscal year 2015.--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 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,
2016.
(2) Authorization of personnel.--
(A) Fiscal year 2014.--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).
(B) Fiscal year 2015.--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 $514,000,000 for each of fiscal
years 2014 and 2015.
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
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) by 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. 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. 311. 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. 312. 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. 313. 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. 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.), as amended by section 309, is further amended by
adding at the end the following:
``SEC. 510. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.
``(a) Annual Reports Required.--The Director of National Intelligence
shall annually submit to the congressional intelligence committees a
report on violations of law or executive order by personnel of an
element of the intelligence community that were identified during the
previous calendar year.
``(b) Elements.--Each report required under subsection (a) shall
include a description of, and any action taken in response to, any
violation of law or executive order (including Executive Order 12333
(50 U.S.C. 3001 note)) by personnel of an element of the intelligence
community in the course of such employment that, during the previous
calendar year, was determined by the director, head, general counsel,
or inspector general of any element of the intelligence community to
have occurred.''.
(b) Initial Report.--The first report required under section 510 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) Table of Contents Amendment.--The table of sections in the first
section of the National Security Act of 1947, as amended by section 309
of this Act, is further amended by adding after the section relating to
section 509, as added by such section 309, the following new item:
``Sec. 510. Annual report on violations of law or executive order.''.
SEC. 322. 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. 323. 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. 324. 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 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. 325. 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) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) 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. 326. 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. 327. 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. 328. 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
SEC. 401. GIFTS, DEVISES, AND BEQUESTS TO THE CENTRAL INTELLIGENCE
AGENCY.
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.''.
SEC. 402. INSPECTOR GENERAL OF THE NATIONAL SECURITY AGENCY.
(a) Elevation of Inspector General Status.--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 inserting ``the National
Security Agency,'' after ``the Federal Emergency
Management Agency,''; and
(B) in paragraph (2), by inserting ``the National
Security Agency,'' after ``the National Aeronautics and
Space Administration,''.
(b) Date of Appointment.--Not later than 90 days after the date of
the enactment of this Act, the President shall nominate a person for
appointment, by and with the advice and consent of the Senate, as
Inspector General of the National Security Agency under section 3(a) of
the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the
amendments made by subsection (a).
(c) Transition Rule.--An individual serving as Inspector General of
the National Security Agency on the date of the enactment of this Act
pursuant to an appointment made under section 8G of the Inspector
General Act of 1978 (5 U.S.C. App.)--
(1) may continue so serving until the President makes an
appointment under section 3(a) of such Act with respect to the
National Security Agency consistent with the amendments made by
subsection (a); and
(2) shall, while serving under paragraph (1), remain subject
to the provisions of section 8G of such Act that, immediately
before the date of the enactment of this Act, applied with
respect to the Inspector General of the National Security
Agency and suffer no reduction in pay.
(d) Special Provisions Concerning the National Security Agency.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting
after section 8J the following new section:
``SEC. 8K. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY.
``(a) General Counsel to the Inspector General.--
``(1) In general.--There is a General Counsel to the
Inspector General of the National Security Agency, who shall be
appointed by the Inspector General of the National Security
Agency.
``(2) Duties.--The General Counsel to the Inspector General
of the National Security Agency shall--
``(A) serve as the chief legal officer of the Office
of the Inspector General of the National Security
Agency;
``(B) provide legal services only to the Inspector
General of the National Security Agency;
``(C) prescribe professional rules of ethics and
responsibilities for employees and officers of, and
contractors to, the National Security Agency;
``(D) perform such functions as the Inspector General
may prescribe; and
``(E) serve at the discretion of the Inspector
General.
``(3) Office of the general counsel.--There is an Office of
the General Counsel to the Inspector General of the National
Security Agency. The Inspector General may appoint to the
Office to serve as staff of the General Counsel such legal
counsel as the Inspector General considers appropriate.
``(b) Testimony.--
``(1) Authority to compel.--The Inspector General of the
National Security Agency is authorized to require by subpoena
the attendance and testimony of former employees of the
National Security Agency or contractors, former contractors, or
former detailees to the National Security Agency as necessary
in the performance of functions assigned to the Inspector
General by this Act.
``(2) Refusal to obey.--A subpoena issued under this
subsection, in the case of contumacy or refusal to obey, shall
be enforceable by order of any appropriate United States
district court.
``(3) Notification.--The Inspector General shall notify the
Attorney General 7 days before issuing any subpoena under this
section.
``(c) Prohibitions on Investigations for National Security Reasons.--
``(1) Evaluations of prohibitions.--Not later than 7 days
after the date on which the Inspector General of the National
Security Agency receives notice or a statement under section
8G(d)(2)(C) of the reasons the Secretary of Defense is
prohibiting the Inspector General from initiating, carrying
out, or completing any audit or investigation, the Inspector
General shall submit to the Permanent Select Committee on
Intelligence and the Committee on Armed Services of the House
of Representatives and the Select Committee on Intelligence and
the Committee on Armed Services of the Senate an evaluation of
such notice or such statement.
``(2) Inclusion in semi-annual report.--The Inspector General
shall include in the semiannual report prepared by the
Inspector General in accordance with section 5(a) a description
of the instances in which the Secretary of Defense prohibited
the Inspector General from initiating, carrying out, or
completing any audit or investigation during the period covered
by such report.''.
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 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--TECHNICAL AMENDMENTS
SEC. 601. 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. 602. 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. 603. 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 included in the enactment of the Intelligence
Authorization Act for Fiscal Year 2013 (Public Law 112-277).
Purpose
The purpose of H.R. 4681 is to authorize the intelligence
and intelligence-related activities of the United States
Government for Fiscal Years 2014 and 2015. These activities
enhance the national security of the United States, support and
assist the armed forces of the United States, and support the
President in the execution of the foreign policy of the United
States.
Classified Annexes and Committee Intent
The classified annexes to this report include the
classified schedules of authorizations and their associated
explanatory language. The Committee views the classified
annexes as integral parts of this legislation. The classified
annexes contain thorough discussions of the issues considered
by the Committee underlying the funding authorizations found in
the classified schedules of authorizations. The Committee
expects that all intelligence programs discussed in the
classified annexes to this report will follow the guidance and
limitations set forth as associated language therein. The
classified schedules of authorizations are incorporated
directly into this legislation by virtue of section 102 of the
bill. The classified annexes are available for review by all
Members of the House of Representatives, subject to the
requirements of clause 13 of rule XXIII of the Rules of the
House of Representatives and rule 14 of the Rules of Procedure
for the House Permanent Select Committee on Intelligence.
Scope of Committee Review
The bill authorizes U.S. intelligence and intelligence-
related activities within the jurisdiction of the Committee,
including the National Intelligence Program (NIP) and the
Military Intelligence Program (MIP). The NIP consists of all
activities of the Office of the Director of National
Intelligence, as well as those intelligence, intelligence-
related, and counterintelligence activities conducted by: the
Central Intelligence Agency; the Department of Defense; the
Defense Intelligence Agency; the National Security Agency; the
National Reconnaissance Office; the National Geospatial-
Intelligence Agency; the Departments of the Army, Navy, and Air
Force; the Department of State; the Department of the Treasury;
the Department of Energy; the Department of Justice; the
Federal Bureau of Investigation; the U.S. Coast Guard; the
Department of Homeland Security; and the Drug Enforcement
Administration. The Committee has exclusive legislative,
authorizing, and oversight jurisdiction of these programs.
Committee Statement and Views
The Fiscal Years 2014 and 2015 intelligence authorization
bill funds all U.S. intelligence activities, spanning 16
separate agencies. It provides authorization for critical
national security functions, including: CIA personnel and their
activities worldwide; tactical intelligence support to combat
units in Afghanistan; NSA's electronic surveillance and cyber
defense; global monitoring of foreign militaries, weapons
tests, and arms control treaties, including use of satellites
and radars; real-time analysis and reporting on political and
economic events, such as current events in the Middle East and
Eastern Europe; and research and technology to maintain the
country's technological edge.
This bill sustains today's intelligence capabilities and
provides for future capabilities while staying within the
funding constraints of the Budget Control Act. For Fiscal Year
2014, the bill 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 appropriations
act for the National Intelligence Program and with the National
Defense Authorization Act for the Military Intelligence
Program.
For Fiscal Year 2015, the bill increases the President's
budget request by less than one percent. This overall increase,
set off by efficiencies the Committee identified, reflects the
Committee's concern that the President's request does not fund
a number of important initiatives and leaves several
unacceptable shortfalls. In the absence of an Administration
request for Fiscal Year 2015 Overseas Contingency Operations
funding, the bill authorizes the Committee's conservative
estimate of the amount that will be required.
The Committee's concerns about insufficient intelligence
funding are only heightened for Fiscal Year 2016 and beyond,
when post-sequester funding levels are due to resume. These
concerns are exacerbated by the great expense necessary to
remediate the damage from illegal disclosures of classified
information.
As most of the intelligence budget involves highly
classified programs, the bulk of this Committee's
recommendations each year are found in the classified annexes
to the bill. Among other initiatives, the bill increases
funding to address insider threats and improve personnel
security programs. The classified annexes also include a five-
point budget framework to: (1) curb personnel growth; (2) find
major operating efficiencies; (3) make only the best value
investments; (4) deliver acquisitions on cost and on schedule;
and (5) protect research and technology.
The legislative provisions are comprised of changes to
statute that better enable the Community to conduct its
important mission and strengthen oversight mechanisms where
needed.
Personnel and Information Security Reforms
Over the past year, massive unauthorized disclosures of
classified information caused immense damage to our national
security. The Intelligence Community might have been able to
prevent those unauthorized disclosures if it continuously
evaluated the backgrounds of employees and contractors and if
IC elements had more effectively shared potentially derogatory
information about employees and contractors with each other.
Section 501 of the bill requires the Director of National
Intelligence to ensure that all IC elements continuously
determine whether their employees and contractors are eligible
for access to classified information. Continuous evaluation
allows the IC to take advantage of lawfully available
government and public information to detect warning signals
that the current system of five-year periodic reinvestigation
misses. That information may include: foreign travel; reports
of foreign contacts; financial disclosure information; checks
of criminal, commercial marketing, and credit databases; and
other appropriate publicly available information. By adopting
continuous evaluation, a smaller number of cause-based and
random reinvestigations can supplement and, over the long-term,
replace, arbitrary periodic reinvestigations in the IC.
An effective continuous evaluation system also requires
different elements of the IC to share information with each
other in a timely fashion. Section 501 therefore also directs
the DNI to develop procedures that require IC elements to share
information that may impact the eligibility of employees or
contractors for a security clearance with each other.
Contractors pose a unique information security challenge
for the IC. Section 502 of the bill addresses that challenge by
requiring the DNI to ensure that all IC contractors with access
to classified information develop and operate security plans
that meet the DNI's information security standards. Compliance
with this requirement will not be left to chance: Going
forward, every contract that an IC element signs must contain a
clause requiring the contractor to abide by the DNI's
standards. Under Section 502, the DNI must also ensure that IC
contractors with access to classified networks follow the IC's
insider threat detection policies.
Declassification of bin Laden documents
Section 312 of the bill requires the DNI to conduct a
declassification review of certain documents collected in the
May 2011 Abbottabad, Pakistan, mission that killed Osama bin
Laden. That seminal moment in American history created an
opportunity to improve public understanding of the threat al-
Qaeda and its affiliates pose to the United States without
harming national security. The cache of documents at bin
Laden's compound can help the public understand the state of
al-Qaeda in 2011, including the group's relationship to
Pakistan and Iran, its role in past terror plots, and the
strategic threat to the United States and its allies. Section
312 therefore requires the DNI to conduct a declassification
review and make public documents that are not central to
current intelligence operations, sources, methods, potential
criminal investigations, or other national security interests.
The bill also requires the DNI to brief the Committee about
this effort and to explain why any of the documents must remain
classified.
Committee Consideration and Rollcall Votes
On May 22, 2014, the Committee met in open and closed
session and ordered the bill H.R. 4681 favorably reported, as
amended.
OPEN SESSION
In open session, the Committee considered the text of the
bill H.R. 4681. Chairman Rogers offered an amendment in the
nature of a substitute to H.R. 4681. The contents of the
amendment in the nature of a substitute are described in the
Section-by-Section analysis and the Explanation of Amendment.
Chairman Rogers offered an amendment to the amendment in
the nature of a substitute to require a ``cooling off'' period
before former Intelligence Community senior employees could
work for a foreign government or a company controlled by a
foreign government. The amendment would also establish
notification and reporting requirements for former IC senior
employees. He subsequently withdrew the amendment.
Mr. Thompson offered an amendment to the amendment in the
nature of a substitute that would require the Office of
Intelligence and Analysis of the Department of Homeland
Security to conduct an intelligence assessment of domestic oil
refineries and related rail transportation infrastructure. The
Committee adopted the amendment by a voice vote.
Ms. Schakowsky offered an amendment to the amendment in the
nature of a substitute to prohibit lethal action against an
individual if the U.S. Government does not know the identity of
that individual with a near certainty. The Committee rejected
the amendment by a voice vote.
Mr. Langevin offered an amendment to the amendment in the
nature of a substitute to establish an independent panel of
experts to review the reforms enacted by the Intelligence
Reform and Terrorism Prevention Act of 2004. He subsequently
withdrew the amendment.
Mr. Himes offered an amendment to the amendment in the
nature of a substitute to make the Inspector General of the
National Security Agency a presidentially appointed, Senate-
confirmed position and make other changes to increase the
authority and independence of the Inspector General. The
Committee adopted the amendment by a voice vote.
Mr. Himes offered an amendment to the amendment in the
nature of a substitute to require the Director of National
Intelligence to submit an annual report to the congressional
intelligence committees on violations of law or executive order
by Intelligence Community personnel. The Committee adopted the
amendment by a voice vote.
The amendment in the nature of a substitute as amended was
agreed to by a voice vote.
CLOSED SESSION
Mr. Ruppersberger moved to close the meeting for
consideration of the two classified schedules of authorizations
because national security would be endangered if the matters to
be considered were disclosed. The motion was agreed to by a
record vote of 17 ayes to 0 noes:
Voting aye: Mr. Rogers (chairman), Mr. Thornberry, Mr.
Conaway, Mr. King, Mr. LoBiondo, Mr. Nunes, Mrs. Bachmann, Mr.
Rooney, Mr. Heck, Mr. Ruppersberger, Mr. Thompson, Ms.
Schakowsky, Mr. Langevin, Mr. Schiff, Mr. Gutierrez, Mr. Himes,
Ms. Sewell.
Voting no: None.
The Committee first considered the classified Fiscal Year
2014 schedule of authorizations, which it adopted by a voice
vote.
The Committee then considered the classified Fiscal Year
2015 schedule of authorizations.
Mr. Thompson offered an amendment to the classified Fiscal
Year 2015 schedule of authorizations (annex). The Committee
adopted the amendment by a voice vote.
The Committee then adopted the classified Fiscal Year 2015
schedule of authorizations, as amended, by a voice vote.
OPEN SESSION
By unanimous consent, the Committee returned to open
session.
The Committee then adopted a motion by the Chairman to
favorably report the bill H.R. 4681 to the House, as amended,
including by reference the classified schedules of
authorizations, as amended. The motion was agreed to by a voice
vote.
Section-by-Section Analysis and Explanation of Amendment
Section 1--Short Title and Table of Contents
Section 1 of the bill contains the short title for the bill
and the table of contents.
Section 2--Definitions
Section 2 of the bill defines the terms ``congressional
intelligence committees'' and ``Intelligence Community.''
TITLE I--INTELLIGENCE ACTIVITIES
Section 101--Authorization of Appropriations
Section 101 of the bill authorizes appropriations for
Fiscal Years 2014 and 2015 for the intelligence and
intelligence-related activities of these elements of the United
States Government: The Office of the Director of National
Intelligence (including the National Counterterrorism Center),
the Central Intelligence Agency, the Department of Defense, the
Defense Intelligence Agency, the National Security Agency, the
Departments of the Army, Navy, and Air Force, the Coast Guard,
the Department of State, the Department of the Treasury, the
Department of Energy, the Department of Justice, the Federal
Bureau of Investigation, the Drug Enforcement Administration,
the National Reconnaissance Office, the National Geospatial
Intelligence Agency, and the Department of Homeland Security.
Section 102--Classified Schedule of Authorizations
Section 102 of the bill provides that the amounts and
personnel ceilings authorized under Section 101 shall be
specified in the accompanying classified schedules of
authorizations, which shall be made available to the Committee
on Appropriations and to the President.
Section 103--Personnel Ceiling Adjustments
Section 103 of the bill authorizes the Director of National
Intelligence to make certain increases to the authorized
personnel levels for Fiscal Years 2014 and 2015 when necessary
to the performance of important intelligence functions, but not
to exceed three percent of the number of civilian personnel
authorized.
Section 103 also requires the Director of National
Intelligence to establish guidelines that govern the treatment
of personnel levels, including exemption from levels for
details, joint-duty, long-term full-time training, students,
and trainee programs or similar programs.
Section 104--Intelligence Community Management Account
Section 104 of the bill authorizes appropriations for the
Intelligence Community Management Account of the Director of
National Intelligence and sets the authorized full-time
equivalent personnel levels for the elements within the
Community Management Account for fiscal years 2014 and 2015.
Section 104 also authorizes additional classified
appropriations and personnel levels for the Community
Management Account as specified in the classified schedules of
authorizations, permits the Fiscal Year 2014 funding for
advanced research and development to remain available through
September 30, 2015, and permits the Fiscal Year 2015 funding
for advanced research and development to remain available
through September 30, 2016.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Section 201--Authorization of Appropriations
Section 201 of the bill authorizes $514,000,000 for the
Central Intelligence Agency Retirement and Disability System
for each of Fiscal Years 2014 and 2015.
TITLE III--GENERAL PROVISIONS
SUBTITLE A--GENERAL MATTERS
Section 301--Increase in Employee Compensation and Benefits Authorized
by Law
Section 301 of the bill provides that the authorized
amounts 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 of the bill provides that the authorization of
funds in this act does not constitute authority for the conduct
of any intelligence activity not otherwise authorized by the
Constitution or laws of the United States.
Section 303--Specific Authorization of Funding for High Performance
Computing Center 2
Section 303 of the bill provides that funds appropriated
for the construction of the High Performance Computer Center 2,
as described in the table entitled Consolidated Cryptologic
Program in the classified annex to accompany the Consolidated
and Further Continuing Appropriations Act, 2013, in excess of
the amount specified for such activity in the tables of the
classified annex that accompanied the Intelligence
Authorization Act for Fiscal Year 2013 shall be specifically
authorized by Congress for the purposes of Section 504 of the
National Security Act of 1947.
Section 304--Clarification of Exemption from Freedom of Information Act
of Identities of Employees Submitting Complaints to the
Inspector General of the Intelligence Community
Section 304 of the bill clarifies that Section 103H(g)(3)
of the National Security Act of 1947 shall qualify as a
withholding statute pursuant to the Freedom of Information Act.
Section 305--Functional Managers for the Intelligence Community
Section 305 of the bill codifies the existing Executive
Order 12333 authority of the Director of National Intelligence
to designate functional managers for intelligence disciplines.
Section 305 also codifies the responsibility of functional
managers to act as the principal adviser to the Director of
National Intelligence for their respective intelligence
function.
Section 306--Annual Assessment of Intelligence Community Performance by
Function
Section 306 of the bill establishes a new requirement for
each functional manager to report to the congressional
intelligence committees annually on the state of their
function. The reporting requirement calls on each functional
manager to, among other things, identify those programs,
projects, and activities that comprise the intelligence
discipline for which they are responsible and to report on
resource issues and other matters relevant to the state of
their function.
Section 307--Software Licensing
Section 307 of this bill builds upon the Intelligence
Authorization Act for Fiscal Year 2013 by requiring that, every
two years, the chief information officers of each element of
the Intelligence Community: (1) conduct an inventory of
software licenses held by that element, including both utilized
and unutilized licenses held by the element, and (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. Section 307 also
specifies that the initial inventories and assessments shall be
based on the inventories that were required under Section 305
of the Fiscal Year 2013 Act.
Section 307 further provides that, not later than 180 days
after enactment, and every two years thereafter, the Chief
Information Officer shall compile an inventory of all existing
software licenses of the Intelligence Community and assess
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. The
Chief Information Officer must then submit to the congressional
intelligence committees a copy of each inventory compiled.
Section 308--Plans To Respond to Unauthorized Disclosures of Covert
Actions
Section 308 of the bill requires the President to establish
a written plan for how to respond to an unauthorized disclosure
of each type of activity within a covert action program.
Section 309--Auditability
Section 309 of the bill requires the Office of the Director
of National Intelligence, Central Intelligence Agency, Defense
Intelligence Agency, National Geospatial Intelligence Agency,
National Reconnaissance Office, and National Security Agency to
undergo full financial audits conducted by internal or external
independent accounting or auditing organizations beginning with
each agency's Fiscal Year 2014 financial statements. In
addition, Section 309 requires each of the aforementioned
agencies to obtain an unqualified opinion not later than the
audit of their Fiscal Year 2016 financial statements. The chief
financial executive of each of the aforementioned agencies must
provide to the congressional intelligence committees an annual
report of each audit conducted.
Section 310--Public Interest Declassification Board
Section 310 of the bill extends the current authorization
for the Public Interest Declassification Board from December
31, 2014 until December 31, 2018.
Section 311--Official Representation Items in Support of the Coast
Guard Attache Program
Section 311 of the bill allows the Coast Guard to spend
National Intelligence Program funds on official representation
items in support of its attache program.
Section 312--Declassification Review of Certain Items Collected During
the Mission that Killed Osama bin Laden on May 1, 2011
Section 312 of the bill requires the Director of National
Intelligence to perform a declassification review of documents
collected in Abbottabad, Pakistan, during the mission that
killed Osama bin Laden on May 1, 2011, and to release the
declassified results of that review. It also requires the
Director of National Intelligence to report to the
congressional intelligence committees a justification for why
any of those documents must remain classified.
Section 313--Merger of the Foreign Counterintelligence Program and the
General Defense Intelligence Program
Section 313 of the bill requires the Director of National
Intelligence to merge the Foreign Counterintelligence Program
into the General Defense Intelligence Program as directed by
the classified annexes. It also requires the Director of
National Intelligence to provide written notification of the
merger to the congressional intelligence committees at least 30
days in advance.
SUBTITLE B--REPORTING
Section 321--Annual Report on Violations of Law or Executive Order
Section 321 of the bill requires the Director of National
Intelligence to submit an annual report to the congressional
intelligence committees on violations of law or executive order
by Intelligence Community personnel.
Section 322--Submittal to Congress by Heads of Elements of Intelligence
Community of Plans for Orderly Shutdown in Event of Absence of
Appropriations
Section 322 of the bill requires the head of each element
of the Intelligence Community, upon submission of a plan
pertaining to agency operations in the absence of
appropriations to the Director of the Office of Management and
Budget, to submit a copy of such plan to the congressional
committees of jurisdiction in a manner consistent with security
handling requirements.
Section 323--Reports on Chemical Weapons in Syria
Section 323 of the bill directs the Director of National
Intelligence to submit to the appropriate congressional
committees, within 30 days, a report on the Syrian chemical
weapons program. In addition, the Director of National
Intelligence must provide the appropriate congressional
committees with progress reports every 90 days that include any
material updates on the Syrian chemical weapons program.
Section 324--Reports to the Intelligence Community on Penetrations of
Networks and Information Systems of Certain Contractors
Section 324 of the bill directs the Director of National
Intelligence to establish procedures that require cleared
intelligence contractors to notify the government of any
successful unauthorized penetration of the contractor's network
or information systems and to provide the government with
access to such systems in order to perform forensic analysis in
the event of a penetration.
Section 325--Report on Electronic Waste
Section 325 of the bill requires the Director of National
Intelligence to prepare a report on the extent to which the
Intelligence Community has implemented the recommendations of a
May 2013 Inspector General of the Intelligence Community report
on electronic waste disposal practices.
Section 326--Promoting STEM Education To Meet the Future Workforce
Needs of the Intelligence Community
Section 326 of the bill requires the Director of National
Intelligence to report on the anticipated hiring needs of the
Intelligence Community in the fields of science, technology,
engineering, and mathematics. The report must describe
potential ways to promote cybersecurity and computer literacy
among high school and university students, include cost
estimates and strategies for offering internships, and include
strategies for conducting expedited security clearance
investigations.
Section 327--Assessment of the Security of Domestic Oil Refineries and
Related Rail Transportation Infrastructure
Section 327 of the bill 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 328--Repeal or Modification of Certain Reporting Requirements
Section 328 of the bill repeals or modifies various
Intelligence Community reporting requirements.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Section 401--Gifts, Devises, and Bequests to the Central Intelligence
Agency
Section 401 of the bill gives the Director of the Central
Intelligence Agency the authority to 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.
Section 402--Inspector General of the National Security Agency
Section 402 of the bill requires the President to appoint
the Inspector General of the National Security Agency, by and
with the advice and consent of the Senate. Section 402 also
gives the Inspector General of the National Security Agency the
authority to issue subpoenas, establishes the position of
General Counsel to the Inspector General in law, and requires
notification of the appropriate congressional committees if the
Secretary of Defense prohibits an Inspector General audit or
investigation for national security reasons.
TITLE V--SECURITY CLEARANCE REFORM
Section 501--Continuous Evaluation and Sharing of Derogatory
Information Regarding Personnel with Access to Classified
Information
Section 501 of the bill amends the National Security Act of
1947 to require the Director of National Intelligence to ensure
that all Intelligence Community elements continuously determine
whether their employees and contractors meet the requirements
for eligibility for access to classified information.
Section 502--Requirements for Intelligence Community Contractors
Section 502 of the bill requires the Director of National
Intelligence to ensure that contractors have in place security
plans consistent with standards for handling classified
information. It also requires the Director of National
Intelligence to ensure insider threat detection capabilities of
the Intelligence Community apply to contractors with access to
classified information.
Section 503--Technology Improvements for Security Clearance Processing
Section 503 of the bill requires the Director of National
Intelligence, in consultation with the Secretary of Defense and
the Director of the Office of Personnel Management, to 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.
Section 504--Report on Reciprocity of Security Clearances
Section 504 of the bill requires the Director of National
Intelligence to submit an annual report to Congress that
provides information on the reciprocal treatment of security
clearances, including (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, and (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.
Section 505--Improving the Periodic Reinvestigation Process
Section 505 of the bill requires the Director of National
Intelligence, in consultation with the Secretary of Defense and
the Director of the Office of Personnel Management, to transmit
to Congress through 2017 an annual strategic plan for improving
the process for periodic reinvestigations.
Section 506--Appropriate Committees of Congress Defined
Section 506 of the bill defines the term ``appropriate
committees of Congress'' as used in title V.
TITLE VI--TECHNICAL AMENDMENTS
Section 601--Technical Amendments to the Central Intelligence Agency
Act of 1949
Section 601 of the bill corrects an erroneous reference to
``section a'' to properly reflect ``subsection a.'' Section 601
also corrects a punctuation error.
Section 602--Technical Amendments to the National Security Act of 1947
Relating to the Past Elimination of Certain Positions
Section 602 of the bill removes references to two positions
(the Director for Mutual Security and the Chairman of the
National Security Resources Board) from the National Security
Council statute because the entities no longer exist.
Section 603--Technical Amendments to the Intelligence Authorization Act
for Fiscal Year 2013
Section 603 of the bill makes technical corrections to the
Fiscal Year 13 Intelligence Authorization Act to correctly
refer to a paragraph, and to correct references that were
amended in that bill.
Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee held multiple
hearings on the classified budgetary issues raised by H.R.
4681. The bill, as reported by the Committee, reflects
conclusions reached by the Committee in light of this oversight
activity.
General Performance Goals and Objectives
The goals and objectives of H.R. 4681 are to authorize the
intelligence and intelligence-related activities of the United
States Government for Fiscal Years 2014 and 2015. These
activities enhance the national security of the United States,
support and assist the armed forces of the United States, and
support the President in the execution of the foreign policy of
the United States.
The classified annexes that accompany this report reflects
in great detail the Committee's specific performance goals and
objectives at the programmatic level with respect to classified
programs.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. In compliance with this requirement, the Committee
has received a letter from the Congressional Budget Office
included herein.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 23, 2014.
Hon. Mike Rogers,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4681, the
Intelligence Authorization Act for Fiscal Years 2014 and 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jason
Wheelock.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 4681--Intelligence Authorization Act for Fiscal Years 2014 and
2015
H.R. 4681 would authorize appropriations for fiscal years
2014 and 2015 for intelligence activities of the U.S.
government. Since CBO does not provide estimates for classified
programs, this estimate addresses only the unclassified aspects
of the bill. On that limited basis, CBO estimates that
implementing H.R. 4681 would cost about $500 million over the
2015-2019 period, subject to the appropriation of the specified
and estimated amounts.
Section 104 would authorize appropriations of $528 million
and $505 million for fiscal years 2014 and 2015, respectively,
for the Intelligence Community Management Account (ICMA). The
ICMA provides the principal source of funding for the Office of
the Director of National Intelligence and resources for
managing the intelligence agencies. Because CBO anticipates
that the bill would be enacted near the start of fiscal year
2015, we estimate that this provision would not affect spending
in 2014. However, assuming the appropriation of the amount
authorized for fiscal year 2015, CBO estimates that
implementing section 104 would cost about $330 million in
fiscal year 2015 and about $500 million over the 2015-2019
period.
Section 603 would extend through 2018 the authorization for
the Public Interest Declassification Board. The board advises
the President on the government's standards and procedures for
releasing and declassifying information. Based on information
from the National Archives, CBO estimates that implementing
this provision would cost less than $500,000 over the 2015-2019
period.
Enacting H.R 4681 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
Section 201 would authorize the appropriation of $514 million
for the Central Intelligence Agency Retirement and Disability
System for both fiscal years 2014 and 2015 (CIARDS).
Appropriations to CIARDS are considered mandatory and fund
various unfunded liabilities of the system. However, because
the amounts authorized are the same as the amounts projected in
the CBO baseline, CBO does not ascribe any additional cost to
this provision.
H.R. 4681 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On February 5, 2014, CBO transmitted a cost estimate for S.
1681, the Intelligence Authorization Act for Fiscal Year 2014,
as reported by the Senate Select Committee on Intelligence on
November 12, 2013. S. 1681 would authorize the appropriation of
$569 million for fiscal year 2014, or $41 million more than the
amount authorized in H.R. 4681. However, unlike our estimate
for S. 1681, CBO does not ascribe any cost to that
authorization because we expect that H.R. 4681 would not be
enacted until near the start of fiscal year 2015. Other
differences in the estimated costs of S. 1681 and H.R. 4681
reflect differences between the two bills.
The CBO staff contact for this estimate is Jason Wheelock.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Statement on Congressional Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee states that the bill as
reported contains no congressional earmarks, limited tax
benefits, or limited tariff benefits.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NATIONAL SECURITY ACT OF 1947
short title
That this Act may be cited as the ``National Security Act of
1947''.
* * * * * * *
Title I--Coordination for National Security
* * * * * * *
Sec. 103J. Functional managers for the intelligence community.
* * * * * * *
[Sec. 104. Annual national security strategy report.]
Sec. 109. Software licensing.
* * * * * * *
[Sec. 114. Additional annual reports from the Director of National
Intelligence.]
Sec. 114. Annual report on hiring and retention of minority employees.
* * * * * * *
Title V--Accountability for Intelligence Activities
* * * * * * *
Sec. 506J. Annual assessment of intelligence community performance by
function.
* * * * * * *
Sec. 509. Auditability of certain elements of the intelligence
community.
Sec. 510. Annual report on violations of law or executive order.
* * * * * * *
TITLE I--COORDINATION FOR NATIONAL SECURITY
national security council
Sec. 101. (a) There is hereby established a council to be
known as the National Security Council (thereinafter in this
section referred to as the ``Council'').
The President of the United States shall preside over
meetings of the Council: Provided, That in his absence he may
designate a member of the Council to preside in his place.
The function of the Council shall be to advise the President
with respect to the integration of domestic, foreign, and
military policies relating to the national security so as to
enable the military services and the other departments and
agencies of the Government to cooperate more effectively in
matters involving the national security.
The Council shall be composed of--
(1) * * *
* * * * * * *
(5) the Secretary of Energy[;]; and
[(6) the Director for Mutual Security;
[(7) the Chairman of the National Security Resources
Board; and]
[(8)] (6) The Secretaries and Under Secretaries of
other executive departments and the military
departments, [the Chairman of the Munitions Board, and
the Chairman of the Research and Development Board,]
when appointed by the President by and with the advice
and consent of the Senate, to serve at his pleasure.
* * * * * * *
responsibilities and authorities of the director of national
intelligence
Sec. 102A. (a) * * *
* * * * * * *
(g) Intelligence Information Sharing.--(1) * * *
* * * * * * *
[(4) Not later than February 1 of each year, the Director of
National Intelligence shall submit to the President and to the
Congress an annual report that identifies any statute,
regulation, policy, or practice that the Director believes
impedes the ability of the Director to fully and effectively
implement paragraph (1).]
(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.
* * * * * * *
(j) Uniform Procedures for [Sensitive Compartmented
Information] Classified Information.--The Director of National
Intelligence, subject to the direction of the President,
shall--
(1) * * *
* * * * * * *
(3) ensure that security clearances granted by
individual elements of the intelligence community are
recognized by all elements of the intelligence
community, and under contracts entered into by those
agencies[; and];
(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most
expeditious manner possible consistent with applicable
standards for national security[.];
(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 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.
* * * * * * *
(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.
* * * * * * *
inspector general of the intelligence community
Sec. 103H. (a) * * *
* * * * * * *
(g) Authorities.--(1) * * *
* * * * * * *
(3) The Inspector General is authorized to receive and
investigate, pursuant to subsection (h), complaints or
information from any person concerning the existence of an
activity within the authorities and responsibilities of the
Director of National Intelligence constituting a violation of
laws, rules, or regulations, or mismanagement, gross waste of
funds, abuse of authority, or a substantial and specific danger
to the public health and safety. Once such complaint or
information has been received from an employee of the
intelligence community--
(A) the Inspector General shall not disclose the
identity of the employee without the consent of the
employee, unless the Inspector General determines that
such disclosure is unavoidable during the course of the
investigation or the disclosure is made to an official
of the Department of Justice responsible for
determining whether a prosecution should be
[undertaken;] 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'');
and
* * * * * * *
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.
* * * * * * *
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).
* * * * * * *
[additional annual reports from the director of national intelligence]
annual report on hiring and retention of minority employees
Sec. 114. [(a) Annual Report on Hiring and Retention of
Minority Employees.--][(1)] (a) The Director of National
Intelligence shall, on an annual basis, submit to Congress a
report on the employment of covered persons within each element
of the intelligence community for the preceding fiscal year.
[(2)] (b) Each such report shall include disaggregated data
by category of covered person from each element of the
intelligence community on the following:
[(A)] (1) Of all individuals employed in the element
during the fiscal year involved, the aggregate
percentage of such individuals who are covered persons.
[(B)] (2) Of all individuals employed in the element
during the fiscal year involved at the levels referred
to in [clauses (i) and (ii)] subparagraphs (A) and (B),
the percentage of covered persons employed at such
levels:
[(i)] (A) Positions at levels 1 through 15 of
the General Schedule.
[(ii)] (B) Positions at levels above GS-15.
[(C)] (3) Of all individuals hired by the element
involved during the fiscal year involved, the
percentage of such individuals who are covered persons.
[(3)] (c) Each such report shall be submitted in unclassified
form, but may contain a classified annex.
[(4)] (d) Nothing in this [subsection] section shall be
construed as providing for the substitution of any similar
report required under another provision of law.
[(5)] (e) In this [subsection,] section the term ``covered
persons'' means--
[(A)] (1) racial and ethnic minorities;
[(B)] (2) women; and
[(C)] (3) individuals with disabilities.
[(b) Annual Report on Threat of Attack on the United States
Using Weapons of Mass Destruction.--(1) Not later each year
than the date provided in section 507, the Director of National
Intelligence shall submit to the congressional committees
specified in paragraph (3) a report assessing the following:
[(A) The current threat of attack on the United
States using ballistic missiles or cruise missiles.
[(B) The current threat of attack on the United
States using a chemical, biological, or nuclear weapon
delivered by a system other than a ballistic missile or
cruise missile.
[(2) Each report under paragraph (1) shall be a national
intelligence estimate, or have the formality of a national
intelligence estimate.
[(3) The congressional committees referred to in paragraph
(1) are the following:
[(A) The congressional intelligence committees.
[(B) The Committees on Foreign Relations and Armed
Services of the Senate.
[(C) The Committees on International Relations and
Armed Services of the House of Representatives.]
* * * * * * *
TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
* * * * * * *
presidential approval and reporting of covert actions
Sec. 503. (a) * * *
* * * * * * *
(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.
* * * * * * *
intelligence community business system transformation
Sec. 506D. (a) * * *
* * * * * * *
(j) Reports.--Not later than March 31 of each of the years
2011 through [2015] 2014, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report on the compliance of the intelligence community with the
requirements of this section. Each such report shall--
(1) * * *
* * * * * * *
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.
dates for submittal of various annual and semiannual reports to the
congressional intelligence committees
Sec. 507. (a) Annual Reports.--[(1) The date] The date for
the submittal to the congressional intelligence committees of
the following annual reports shall be the date each year
provided in [subsection (c)(1)(A)] subsection (c)(1):
[(A)] (1) The annual report of the Inspectors
Generals of the intelligence community on proposed
resources and activities of their offices required by
section 8H(g) of the Inspector General Act of 1978.
[(B)] (2) The annual report on certifications for
immunity in interdiction of aircraft engaged in illicit
drug trafficking required by section 1012(c)(2) of the
National Defense Authorization Act for Fiscal Year 1995
(22 U.S.C. 2291-4(c)(2)).
[(C)] (3) The annual report on activities under the
David L. Boren National Security Education Act of 1991
(title VIII of Public Law 102-183; 50 U.S.C. 1901 et
seq.) required by section 806(a) of that Act (50 U.S.C.
1906(a)).
[(D)] (4) The annual report on hiring and retention
of minority employees in the intelligence community
required by section 114(a).
[(E)] (5) The annual report on outside employment of
employees of elements of the intelligence community
required by section 102A(u)(2).
[(F)] (6) The annual report on financial intelligence
on terrorist assets required by section 118.
[(2) The date for the submittal to the congressional
intelligence committees of the annual report on the
threat of attack on the United States from weapons of
mass destruction required by section 114(b) shall be
the date each year provided in subsection (c)(1)(B).]
* * * * * * *
(c) Submittal Dates for Reports.--(1)[(A) Except] Except as
provided in subsection (d), each annual report listed in
subsection (a)(1) shall be submitted not later than February 1.
[(B) Except as provided in subsection (d), each annual report
listed in subsection (a)(2) shall be submitted not later than
December 1.]
* * * * * * *
(d) Postponement of Submittal.--(1) Subject to paragraph (3),
the date for the submittal of--
(A) an annual report listed in [subsection (a)(1)]
subsection (a) may be postponed until March 1; and
[(B) an annual report listed in subsection (a)(2) may
be postponed until January 1; and]
[(C)] (B) a semiannual report listed in subsection
(b) may be postponed until March 1 or September 1, as
the case may be,
if the official required to submit such report submits to the
congressional intelligence committees a written notification of
such postponement.
* * * * * * *
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.
SEC. 510. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.
(a) Annual Reports Required.--The Director of National
Intelligence shall annually submit to the congressional
intelligence committees a report on violations of law or
executive order by personnel of an element of the intelligence
community that were identified during the previous calendar
year.
(b) Elements.--Each report required under subsection (a)
shall include a description of, and any action taken in
response to, any violation of law or executive order (including
Executive Order 12333 (50 U.S.C. 3001 note)) by personnel of an
element of the intelligence community in the course of such
employment that, during the previous calendar year, was
determined by the director, head, general counsel, or inspector
general of any element of the intelligence community to have
occurred.
* * * * * * *
----------
PUBLIC INTEREST DECLASSIFICATION ACT OF 2000
* * * * * * *
TITLE VII--DECLASSIFICATION OF INFORMATION
* * * * * * *
SEC. 710. EFFECTIVE DATE; SUNSET.
(a) * * *
(b) Sunset.--The provisions of this title shall expire on
December 31, [2014.] 2018.
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010
* * * * * * *
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
* * * * * * *
SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY
COMMITTEES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) * * *
[(b) Annual Report.--
[(1) In general.--The Director of National
Intelligence and the Director of the Central
Intelligence Agency shall each submit to the
congressional intelligence committees an annual report
on advisory committees created by each such Director.
Each report shall include--
[(A) a description of each such advisory
committee, including the subject matter of the
committee; and
[(B) a list of members of each such advisory
committee.
[(2) Report on reasons for odni exclusion of advisory
committee from faca.--Each report submitted by the
Director of National Intelligence in accordance with
paragraph (1) shall include the reasons for a
determination by the Director under section 4(b)(3) of
the Federal Advisory Committee Act (5 U.S.C. App.), as
added by subsection (a) of this section, that an
advisory committee cannot comply with the requirements
of such Act.]
(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.
* * * * * * *
----------
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
* * * * * * *
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
* * * * * * *
Subtitle F--Privacy and Civil Liberties
* * * * * * *
SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) * * *
* * * * * * *
(f) Periodic Reports.--
(1) In general.--The privacy officers and civil
liberties officers of each department, agency, or
element referred to or described in subsection (a) or
(b) shall periodically, but not less than [quarterly]
semiannually, submit a report on the activities of such
officers--
(A) * * *
* * * * * * *
----------
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
* * * * * * *
[authority to accept gifts, devises, and bequests] gifts, devises,
and bequests
Sec. 12. (a)(1) * * *
(2) Any gift accepted by the Director as a gift to the Agency
under [this section] this subsection (and any income produced
by any such gift)--
(A) * * *
* * * * * * *
(b) Unless otherwise restricted by the terms of the gift, the
Director may sell or exchange, or invest or reinvest, any
property which is accepted under [this section,] subsection
(a), but any such investment may only be in interest-bearing
obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
(c) There is hereby created on the books of the Treasury of
the United States a fund into which gifts of money, securities,
and other intangible property accepted under the authority of
[this section,] subsection (a), and the earnings and proceeds
thereof, shall be deposited. The assets of such fund shall be
disbursed upon the order of the Director for the purposes
specified in subsection (a) or (b).
(d) For purposes of Federal income, estate, and gift taxes,
gifts accepted by the Director under [this section] subsection
(a) shall be considered to be to or for the use of the United
States.
* * * * * * *
(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.
[(f)] (g) The Director, in consultation with the Director of
the Office of Government Ethics, shall issue regulations to
carry out the authority provided in this section. Such
regulations shall ensure that such authority is exercised
consistent with all relevant ethical constraints and
principles, including--
(1) * * *
* * * * * * *
central services program
Sec. 21. (a) * * *
(b) Participation of Agency Elements.--(1) In order to carry
out the program, the Director shall--
(A) * * *
* * * * * * *
(D) authorize such providers to make known their
services to the entities specified in [section (a)]
subsection (a) through Government communication
channels.
* * * * * * *
(c) Central Services Working Capital Fund.--(1) * * *
(2) There shall be deposited in the Fund the following:
(A) * * *
* * * * * * *
(E) Other receipts from the sale or exchange of
equipment, recyclable materials, or property of a
central service [provider.] provider as a result of
activities under the program.
* * * * * * *
----------
INSPECTOR GENERAL ACT OF 1978
* * * * * * *
requirements for federal entities and designated federal entities
Sec. 8G. (a) Notwithstanding section 12 of this Act, as used
in this section--
(1) * * *
(2) the term ``designated Federal entity'' means
Amtrak, the Appalachian Regional Commission, the Board
of Governors of the Federal Reserve System and the
Bureau of Consumer Financial Protection, the Board for
International Broadcasting, the Commodity Futures
Trading Commission, the Consumer Product Safety
Commission, the Corporation for Public Broadcasting,
the Defense Intelligence Agency, the Equal Employment
Opportunity Commission, the Farm Credit Administration,
the Federal Communications Commission, the Federal
Deposit Insurance Corporation, the Federal Election
Commission, the Election Assistance Commission, the
Federal Housing Finance Board, the Federal Labor
Relations Authority, the Federal Maritime Commission,
the Federal Trade Commission, the Legal Services
Corporation, the National Archives and Records
Administration, the National Credit Union
Administration, the National Endowment for the Arts,
the National Endowment for the Humanities, the National
Geospatial-Intelligence Agency, the National Labor
Relations Board, the National Reconnaissance Office,
[the National Security Agency,] the National Science
Foundation, the Panama Canal Commission, the Peace
Corps, the Pension Benefit Guaranty Corporation, the
Securities and Exchange Commission, the Smithsonian
Institution, the United States International Trade
Commission, the Postal Regulatory Commission, and the
United States Postal Service;
* * * * * * *
SEC. 8K. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY.
(a) General Counsel to the Inspector General.--
(1) In general.--There is a General Counsel to the
Inspector General of the National Security Agency, who
shall be appointed by the Inspector General of the
National Security Agency.
(2) Duties.--The General Counsel to the Inspector
General of the National Security Agency shall--
(A) serve as the chief legal officer of the
Office of the Inspector General of the National
Security Agency;
(B) provide legal services only to the
Inspector General of the National Security
Agency;
(C) prescribe professional rules of ethics
and responsibilities for employees and officers
of, and contractors to, the National Security
Agency;
(D) perform such functions as the Inspector
General may prescribe; and
(E) serve at the discretion of the Inspector
General.
(3) Office of the general counsel.--There is an
Office of the General Counsel to the Inspector General
of the National Security Agency. The Inspector General
may appoint to the Office to serve as staff of the
General Counsel such legal counsel as the Inspector
General considers appropriate.
(b) Testimony.--
(1) Authority to compel.--The Inspector General of
the National Security Agency is authorized to require
by subpoena the attendance and testimony of former
employees of the National Security Agency or
contractors, former contractors, or former detailees to
the National Security Agency as necessary in the
performance of functions assigned to the Inspector
General by this Act.
(2) Refusal to obey.--A subpoena issued under this
subsection, in the case of contumacy or refusal to
obey, shall be enforceable by order of any appropriate
United States district court.
(3) Notification.--The Inspector General shall notify
the Attorney General 7 days before issuing any subpoena
under this section.
(c) Prohibitions on Investigations for National Security
Reasons.--
(1) Evaluations of prohibitions.--Not later than 7
days after the date on which the Inspector General of
the National Security Agency receives notice or a
statement under section 8G(d)(2)(C) of the reasons the
Secretary of Defense is prohibiting the Inspector
General from initiating, carrying out, or completing
any audit or investigation, the Inspector General shall
submit to the Permanent Select Committee on
Intelligence and the Committee on Armed Services of the
House of Representatives and the Select Committee on
Intelligence and the Committee on Armed Services of the
Senate an evaluation of such notice or such statement.
(2) Inclusion in semi-annual report.--The Inspector
General shall include in the semiannual report prepared
by the Inspector General in accordance with section
5(a) a description of the instances in which the
Secretary of Defense prohibited the Inspector General
from initiating, carrying out, or completing any audit
or investigation during the period covered by such
report.
* * * * * * *
definitions
Sec. 12. As used in this Act--
(1) the term ``head of the establishment'' means the
Secretary of Agriculture, Commerce, Defense, Education,
Energy, Health and Human Services, Housing and Urban
Development, the Interior, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Attorney General; the Administrator of the Agency for
International Development, Environmental Protection,
General Services, National Aeronautics and Space, or
Small Business, or Veterans' Affairs; the Director of
the Federal Emergency Management Agency, the National
Security Agency, or the Office of Personnel Management;
the Chairman of the Nuclear Regulatory Commission or
the Railroad Retirement Board; the Chairperson of the
Thrift Depositor Protection Oversight Board; the Chief
Executive Officer of the Corporation for National and
Community Service; the Administrator of the Community
Development Financial Institutions Fund; the chief
executive officer of the Resolution Trust Corporation;
the Chairperson of the Federal Deposit Insurance
Corporation; the Commissioner of Social Security,
Social Security Administration; the Director of the
Federal Housing Finance Agency; the Board of Directors
of the Tennessee Valley Authority; the President of the
Export-Import Bank; or the Federal Cochairpersons of
the Commissions established under section 15301 of
title 40, United States Code; as the case may be;
(2) the term ``establishment'' means the Department
of Agriculture, Commerce, Defense, Education, Energy,
Health and Human Services, Housing and Urban
Development, the Interior, Justice, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Agency for International Development, the Community
Development Financial Institutions Fund, the
Environmental Protection Agency, the Federal Emergency
Management Agency, the General Services Administration,
the National Aeronautics and Space Administration, the
National Security Agency, the Nuclear Regulatory
Commission, the Office of Personnel Management, the
Railroad Retirement Board, the Resolution Trust
Corporation, the Federal Deposit Insurance Corporation,
the Small Business Administration, the Corporation for
National and Community Service, or the Veterans'
Administration, the Social Security Administration, the
Federal Housing Finance Agency, the Tennessee Valley
Authority, the Export-Import Bank, or the Commissions
established under section 15301 of title 40, United
States Code, as the case may be;
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013
* * * * * * *
TITLE V--OTHER MATTERS
* * * * * * *
SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE AGENCY.
[Section 606(5)] Paragraph (5) of section 605 of the National
Security Act of 1947 (50 U.S.C. 426), as redesignated by
section 310(a)(4)(B) of this Act, is amended to read as
follows:
``(5) * * *
* * * * * * *
Disclosure of Directed Rule Making
H.R. 4681 does not specifically direct any rule makings
within the meaning of 5 U.S.C. 551.
Duplication of Federal Programs
H.R. 4681 does not duplicate or reauthorize an established
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
MINORITY VIEWS
The Intelligence Committee advanced the bipartisan
Intelligence Authorization Act for Fiscal Years 2014 and 2015
by voice vote.
The annual Intelligence Authorization Act is among the most
important bills the House passes each year. It provides U.S.
intelligence professionals with the resources, capabilities and
authorities they need to protect the nation, while ensuring
that the Intelligence Committee can continue to conduct
rigorous oversight of even the most sensitive programs on
behalf of the American people.
The Intelligence Authorization Act for Fiscal Years 2014
and 2015 is a prudent and fiscally responsible bill. The Fiscal
Year 2014 schedule of authorizations, which the Committee
approved in November 2013, was included in this bill, as was
the Fiscal Year 2015 schedule. The latter provides for overall
funding at about 1% above the President's budget request, but
it makes cuts to some less productive programs, adds money to
other critically important programs, and ultimately
acknowledges the need to right the ship after sequestration.
Furthermore, the Intelligence Authorization Act:
a. Continues to emphasize the value of persistence in
overhead architecture;
b. Scales back the Intelligence Community's use of
core contractors;
c. Pushes for further improvements in the continuous
evaluation of insider threats, and for the expansion of
insider threat programs government wide;
d. Provides forward-looking funding for Navy airborne
Intelligence, Surveillance and Reconnaissance to
maintain military intelligence capabilities during the
transition from older to newer, more capable aircraft;
and
e. Invests in both the recruitment and retention of
the best and brightest for our cyber workforce,
particularly in the FBI.
One of the bill's weaknesses is that it does not do enough
to enhance analysis of the national security implications of
climate change, which the Intelligence Community refers to as
environmental indications and warning. Whether by driving
competition for scare resources, by opening the Arctic, or by
increasing sea level and storm surge near our naval
installations, climate change will have profound, destabilizing
effects which need to be understood, anticipated, and accounted
for. There may be disagreement about the causes of climate
change, but the national security consequences are so
significant that they cannot be ignored.
The Intelligence Committee again succeeded in operating in
a bipartisan manner, which was evident through this
legislation. Minority Members offered important amendments that
were incorporated into the Chairman's mark, including:
a. Mr. Thompson's amendment to require an
intelligence assessment on the security of domestic oil
refineries and their related rail networks;
b. Mr. Himes' amendment to establish an independent
Inspector General for the National Security Agency and
his amendment to require an annual report of all
violations of law or Executive Order determined to have
occurred within the Intelligence Community; and
c. Mr. Thompson's amendment within the Annex to
direct the Director of National Intelligence to provide
an assessment of the status of threat information
sharing with diplomatic security personnel.
Ms. Sewell was also influential in the inclusion within the
Annex of the Chairman's mark of a provision to improve and
standardize certain aspects of the security clearance process.
Additionally, the Annex to the Chairman's mark included a
provision at the behest of Mr. Langevin to require an
assessment of the effects and costs of the leaks caused by a
former NSA contractor. The Chairman also agreed to work with
Mr. Langevin to conduct a study of the effectiveness of the
reforms created ten years ago by the Intelligence Reform and
Terrorism Prevention Act of 2004.
Ms. Schakowsky introduced an amendment that would have
banned the practice of so-called signature strikes; but it did
not pass. While Ms. Schakowsky approved of most of the Act, she
voted against it primarily because of her opposition to these
so-called signature strikes.
This Act contains no reforms to the Foreign Intelligence
Surveillance Act because the Committee worked closely with the
Judiciary Committee and the Administration to craft the USA
FREEDOM Act, which passed the House the same day as the
Intelligence Authorization Act's mark up.
C. A. Dutch Ruppersberger.
Janice D. Schakowsky.
Adam B. Schiff.
Ed Pastor.
Terri A. Sewell.
Mike Thompson.
James R. Langevin.
Luis V. Gutierrez.
James A. Himes.
