Print[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 1681 Placed on Calendar Senate (PCS)]
Calendar No. 244
113th CONGRESS
1st Session
S. 1681
To authorize appropriations for fiscal year 2014 for intelligence and
intelligence-related activities of the United States Government and the
Office of the Director of National Intelligence, the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 12, 2013
Mrs. Feinstein, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2014 for intelligence and
intelligence-related activities of the United States Government and the
Office of the Director of National Intelligence, the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. CIARDS and FERS special retirement credit for service on
detail to another agency.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Matters
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Open FOIA protections.
Sec. 304. Functional managers.
Sec. 305. Auditability.
Sec. 306. Software licensing.
Sec. 307. Public Interest Declassification Board.
Sec. 308. Reports of fraud, waste, and abuse.
Subtitle B--Targeted Lethal Force Oversight
Sec. 311. Targeted lethal force oversight reform.
Sec. 312. Unclassified annual report on the use of targeted lethal
force outside the United States.
Subtitle C--Reporting
Sec. 321. Opinions of the Office of Legal Counsel concerning
intelligence activities.
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. Repeal or modification of certain reporting requirements.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--National Security Agency
Sec. 401. Appointment of the Director of the National Security Agency.
Sec. 402. Appointment of the Inspector General of the National Security
Agency.
Subtitle B--National Reconnaissance Office
Sec. 411. Appointment of the Director of the National Reconnaissance
Office.
Sec. 412. Appointment of the Inspector General of the National
Reconnaissance Office.
TITLE V--SECURITY CLEARANCE REFORM
Sec. 501. Appropriate committees of Congress defined.
Sec. 502. Technology improvements to security clearance processing.
Sec. 503. Enhanced reciprocity of security clearances.
Sec. 504. Report on reciprocity of security clearances.
Sec. 505. Improving the periodic reinvestigation process.
TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS
Sec. 601. Protection of intelligence community whistleblowers.
Sec. 602. Review of security clearance or access determinations.
Sec. 603. Revisions of other laws.
Sec. 604. Regulations; reporting requirements; nonapplicability to
certain terminations.
TITLE VII--OTHER MATTERS
Sec. 701. Repeal of the termination of notification requirements
regarding the authorized disclosure of
national intelligence.
Sec. 702. Gifts, devises, and bequests.
Sec. 703. Budgetary effects.
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--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2014
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and the authorized
personnel ceilings as of September 30, 2014, for the conduct of the
intelligence activities of the elements listed in paragraphs (1)
through (16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany the bill S. ___ of the
One Hundred Thirteenth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) In general.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306);
(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 the employment of civilian personnel in excess of the
number of positions for fiscal year 2014 authorized by the classified
Schedule of Authorizations referred to in section 102(a) if the
Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 3 percent of the number of civilian
personnel authorized under such section for such element.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to the initial exercise of
an authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2014 the sum of
$568,736,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2015.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 855 positions as of September 30, 2014.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2014 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September
30, 2015.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2014, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2014 the sum of
$514,000,000.
SEC. 202. CIARDS AND FERS SPECIAL RETIREMENT CREDIT FOR SERVICE ON
DETAIL TO ANOTHER AGENCY.
(a) In General.--Section 203(b) of the Central Intelligence
Retirement Act (50 U.S.C. 2013(b)) is amended by striking ``For
purposes of this Act,'' and all that follows through the end and
inserting ``For purposes of this chapter, qualifying service is service
performed by an Agency employee in carrying out duties that are
determined by the Director--
``(1) to be in support of intelligence activities abroad
hazardous to life or health; or
``(2) to be so specialized because of security requirements
as to be clearly distinguishable from normal government
employment.''.
(b) Application.--The amendment made by subsection (a) shall be
applied to retired or deceased officers of the Central Intelligence
Agency who were designated at any time under section 203(b) or 302(a)
of the Central Intelligence Retirement Act (50 U.S.C. 2013(b) and
2152(a)) prior to the date of the enactment of this Act.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Matters
SEC. 301. 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. 302. 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. 303. OPEN FOIA PROTECTIONS.
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. 304. FUNCTIONAL MANAGERS.
(a) In General.--The President shall designate officers or
employees of the United States to serve as functional managers for
signals intelligence, human intelligence, geospatial intelligence, and
such other intelligence disciplines as the President determines
necessary. Unless the President directs otherwise--
(1) the Director of the National Security Agency shall be
designated the functional manager for signals intelligence;
(2) the Director of the Central Intelligence Agency shall
be designated the functional manager for human intelligence;
and
(3) the Director of the National Geospatial-Intelligence
Agency shall be designated the functional manager for
geospatial intelligence.
(b) Duties.--Each functional manager designated under subsection
(a) shall act as the principal adviser to the Director of National
Intelligence and the Secretary of Defense for their respective
intelligence function.
(c) Annual Reports to Congress.--Each year, on a date not later
than 2 weeks after the date on which the President submits to Congress
the budget for the next fiscal year under section 1105 of title 31,
United States Code, each functional manager shall report to the
congressional intelligence committees and congressional armed services
committees concerning the performance of the function. In addition to
such other information as the functional manager elects to include in a
report, each report shall--
(1) identify all programs, projects, and activities that
fall within the intelligence discipline for which the
functional manager is responsible;
(2) identify any issues related to the application of
technical and interoperability standards in such programs,
projects, and activities;
(3) identify any concerns the functional manager has
regarding the allocation of resources among such programs,
projects, and activities within the intelligence discipline for
which the functional manager is responsible;
(4) assess the sufficiency of resources included in the
President's budget request for the next fiscal year to meet
requirements within the intelligence discipline for which the
functional manager is responsible;
(5) identify the operational overlap and need for de-
confliction within the intelligence discipline for which the
functional manager is responsible; and
(6) identify any concerns the functional manager has
related to compliance within the intelligence discipline for
which the functional manager is responsible.
(d) Congressional Armed Services Committees Defined.--In this
section, the term ``congressional armed services committees'' means--
(1) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
SEC. 305. AUDITABILITY.
(a) Requirement for Annual Audits.--Each covered entity shall
undergo a full financial audit each year beginning with each covered
entity's fiscal year 2014 financial statements. Such audits may be
conducted by an internal or external independent accounting or auditing
organization.
(b) Requirement for Unqualified Opinion.--Not later than the audit
required by subsection (a) of fiscal year 2016 financial statements,
each covered entity shall obtain an audit with an unqualified opinion
on its financial statements for each fiscal year.
(c) 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.
(d) Reports to Congress.--The chief financial executive 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).
SEC. 306. SOFTWARE LICENSING.
(a) Requirement for Inventories of Software Licenses.--
(1) Inventories by elements of the intelligence
community.--Not later than 120 days after the date of the
enactment of this Act, and once every 2 years thereafter, the
chief information officer of each element of the intelligence
community, in consultation with the Chief Information Officer
of the Intelligence Community, shall--
(A) conduct an inventory of all existing software
licenses of such element, including utilized and
unutilized licenses;
(B) 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
(C) submit to the Chief Information Officer of the
Intelligence Community each inventory required by
subparagraph (A) and each assessment required by
subparagraph (B).
(2) Initial inventory.--The initial inventory conducted for
each element of the intelligence community under paragraph
(1)(A) 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.
(b) Inventories by the Chief Information Officer of the
Intelligence Community.--Not later than 180 days after the enactment of
this Act, and once every 2 years thereafter, the Chief Information
Officer of the Intelligence Community shall, based on the inventories
and assessments required by subsection (a)--
(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).
SEC. 307. 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. 308. REPORTS OF FRAUD, WASTE, AND ABUSE.
Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended in paragraph (1)--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(2) by inserting after subparagraph (A) the following:
``(B) An employee of an element of the intelligence community, an
employee assigned or detailed to an element of the intelligence
community, or an employee of a contractor to the intelligence
community, who intends to report to Congress a complaint or information
with respect to an urgent concern may report such complaint or
information to the Inspector General of the Intelligence Community.'';
and
(3) in subparagraph (D), as redesignated by paragraph (1)--
(A) by striking ``Act or section 17'' and inserting
``Act, section 17''; and
(B) by striking the period at the end and inserting
``, or section 103H(k) of the National Security Act of
1947 (50 U.S.C. 3033(k)).''.
Subtitle B--Targeted Lethal Force Oversight
SEC. 311. TARGETED LETHAL FORCE OVERSIGHT REFORM.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
National Intelligence.
(2) United states person.--The term ``United States
person'' means a citizen of the United States or an alien
lawfully admitted for permanent residence (as defined in
section 101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20))).
(b) Alternative Analysis.--
(1) Notification of director.--Upon a determination by the
head of an element of the intelligence community that a
particular, known United States person is knowingly engaged in
acts of international terrorism against the United States, such
that the United States Government is considering the legality
or the use of targeted lethal force against that United States
person, the head of the element shall, as soon as practicable,
notify the Director of the determination.
(2) Independent alternative analysis.--
(A) Requirement for alternative analysis.--Not
later than 15 days after the date the Director receives
a notification under paragraph (1), the Director shall
complete an independent alternative analysis (commonly
referred to as ``red-team analysis'') of the
information relied on to support the determination made
under paragraph (1).
(B) Independent leadership.--In completing the
independent alternative analysis required by
subparagraph (A), the Director shall ensure that the
individual appointed to lead such alternative analysis
does not report to the head of the element of the
intelligence community who made the determination under
paragraph (1).
(3) Notification of the inspector general of the
intelligence community.--As soon as practicable, the Director
shall notify the Inspector General of the Intelligence
Community of the receipt of a notification under paragraph (1).
(4) Notification to congress.--As soon as practicable, the
Director shall notify the congressional intelligence
committees, in writing, of the receipt of a notification under
paragraph (1), including the identity of the United States
person, and the results of the independent alternative analysis
performed under paragraph (2), including any written product
containing the alternative analysis, or if no product has been
created, a summary of such analysis.
(5) Construction with other law.--Nothing in this section
shall be construed to impede the ability of the United States
Government to conduct any operation consistent with otherwise
applicable law.
(c) Inspector General of the Intelligence Community Review.--On an
annual basis the Inspector General of the Intelligence Community
shall--
(1) conduct a review of any notifications received under
subsection (b)(3) with respect to the element of the
intelligence community's compliance with all appropriate
policies and procedures related to consideration of the use of
targeted lethal force against a particular, known United States
person; and
(2) submit to the Director and the congressional
intelligence committees a report on the findings of such
review.
(d) Construction.--Nothing in this section may be construed to
authorize the use of targeted lethal force against a United States
person.
SEC. 312. UNCLASSIFIED ANNUAL REPORT ON THE USE OF TARGETED LETHAL
FORCE OUTSIDE THE UNITED STATES.
(a) Requirement for Annual Report.--For each year, the President
shall prepare and make public an annual report that sets forth the
following:
(1) The total number of combatants killed or injured during
the preceding year by the use of targeted lethal force outside
the United States by remotely piloted aircraft.
(2) The total number of noncombatant civilians killed or
injured during the preceding year by such use of targeted
lethal force outside the United States.
(b) Targeted Lethal Force Defined.--In this section, the term
``targeted lethal force'' means the act of directing lethal force at a
particular person or group with the specific intent of killing those
persons.
(c) Exception.--A report required by subsection (a) shall not
include--
(1) any use of targeted lethal force in Afghanistan prior
to the end of combat operations by the United States; or
(2) any use of targeted lethal force in a foreign country
described by a future declaration of war or authorization for
the use of military force.
Subtitle C--Reporting
SEC. 321. OPINIONS OF THE OFFICE OF LEGAL COUNSEL CONCERNING
INTELLIGENCE ACTIVITIES.
(a) Annual Submission.--
(1) Requirement to provide list of opinions to congress.--
Except as provided in subsections (b) and (c), not later than
180 days after the date of the enactment of this Act and
annually thereafter, the Attorney General, in coordination with
the Director of National Intelligence, shall provide to the
congressional intelligence committees a listing of every
opinion of the Office of Legal Counsel of the Department of
Justice that has been provided to an element of the
intelligence community.
(2) Content.--Each listing submitted under paragraph (1)
shall include--
(A) as much detail as possible about the subject of
each opinion;
(B) the date the opinion was issued;
(C) a listing of each recipient agency;
(D) whether the opinion has been made available to
Congress or a specific committee of Congress, including
the identity of each such committee; and
(E) for any opinion that has not been made
available to Congress or a specific committee of
Congress, the basis for such withholding.
(b) Exception for Covert Action.--If the President determines that
it is essential to limit access to a covert action finding under
section 503(c)(2) of the National Security Act of 1947 (50 U.S.C.
3093(c)(2)), the President may limit access to information concerning
such finding that is subject to disclosure under subsection (a) to
those members of Congress who have been granted access to the relevant
finding under such section 503(c)(2).
(c) Exception for Information Subject to Executive Privilege.--If
the President determines that a particular listing subject to
disclosure under subsection (a) is subject to an executive privilege
that protects against such disclosure, the Attorney General shall not
be required to disclose such opinion or listing if the Attorney General
notifies the congressional intelligence committees, in writing, of the
legal justification for such assertion of executive privilege prior to
the date by which the opinion or listing is required to be disclosed.
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 Committee on Armed Services of the Senate.
(3) The Subcommittee on Defense of the Committee on
Appropriations of the Senate.
(4) The Committee on Armed Services of the House of
Representatives.
(5) The Subcommittee on Defense of the Committee on
Appropriations 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 the appropriate congressional committees 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 Director of National
Intelligence makes the certification described in subsection (d) or 18
months after the date of the enactment of this Act, whichever is
earlier, the Director of National Intelligence shall submit to the
appropriate congressional committees a progress report providing any
material updates to the report required under subsection (a).
(d) Certification.--The certification described in this subsection
is a certification by the Director of National Intelligence to the
appropriate congressional committees that the Syrian regime has
completely and verifiably destroyed all components of its chemical
weapons program.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Select Committee on Intelligence, the Committee on
Armed Services, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, the Committee on Foreign Affairs,
and the Committee on Appropriations of the House of
Representatives.
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.
(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 with
the approval of the contractor providing such information.
(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--
(A) the Director of National Intelligence shall
establish the procedures required under subsection (a);
and
(B) the senior official designated under subsection
(b)(1) shall establish the criteria required under such
subsection.
(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 (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.
SEC. 325. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Repeal of Certain Reporting Requirements.--
(1) Annual report on the threat of attack on the united
states using weapons of mass destruction.--
(A) Repeal.--Section 114 of the National Security
Act of 1947 (50 U.S.C. 3050) is amended to read as
follows:
``SEC. 114. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY
EMPLOYEES.
``(a) Requirement for Report.--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.
``(b) Content.--Each such report shall include disaggregated data
by category of covered person from each element of the intelligence
community on the following:
``(1) Of all individuals employed in the element during the
fiscal year involved, the aggregate percentage of such
individuals who are covered persons.
``(2) Of all individuals employed in the element during the
fiscal year involved at the levels referred to in subparagraphs
(A) and (B), the percentage of covered persons employed at such
levels:
``(A) Positions at levels 1 through 15 of the
General Schedule.
``(B) Positions at levels above GS-15.
``(3) Of all individuals hired by the element involved
during the fiscal year involved, the percentage of such
individuals who are covered persons.
``(c) Form of Report.--Each such report shall be submitted in
unclassified form, but may contain a classified annex.
``(d) Construction.--Nothing in this section shall be construed as
providing for the substitution of any similar report required under
another provision of law.
``(e) Covered Persons Defined.--In this section, the term `covered
persons' means--
``(1) racial and ethnic minorities;
``(2) women; and
``(3) individuals with disabilities.''.
(B) Table of contents amendment.--The table of
contents in the first section of the National Security
Act of 1947 (50 U.S.C. 3001 et seq.) is amended by
striking the item relating to section 114 and inserting
the following:
``Sec. 114. Annual report on hiring and retention of minority
employees.''.
(2) Reports on commerce with, and assistance to, cuba from
other foreign countries.--
(A) Repeal.--Section 108 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6038) is repealed.
(B) Table of contents amendment.--The table of
contents in section 1(b) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6021 et seq.) is amended by striking the item relating
to section 108.
(3) Annual report on uncontrolled treaty-limited
equipment.--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 Certain 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 Establishments 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 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) Reports on 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,''.
(3) Reports on the 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,''.
(4) Notifications of waivers of conditions for
disqualification for security clearances.--Section 3002(c)(4)
of the Intelligence Reform and Terrorism Prevention Act of 2004
(50 U.S.C. 3343(c)(4)) is amended to read as follows:
``(4) Waivers of conditions for disqualification for
security clearances.--
``(A) Notification.--The head of a Federal agency
shall notify the appropriate committees of Congress if
such agency employs or employed a person for whom a
waiver was granted in accordance with paragraph (2)
within 15 days of granting such waiver. Such
notification shall not reveal the identity of such
person, but shall include the disqualifying factor
under paragraph (1) and the reasons for the waiver of
the disqualifying factor.
``(B) Definitions.--In this paragraph:
``(i) Appropriate committees of congress.--
The term `appropriate committees of Congress'
means, with respect to a notification submitted
under subparagraph (A) by the head of a Federal
agency--
``(I) the congressional defense
committees;
``(II) the congressional
intelligence committees;
``(III) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
``(IV) the Committee on Oversight
and Government Reform of the House of
Representatives; and
``(V) each Committee of the Senate
or the House of Representatives with
oversight authority over such Federal
agency.
``(ii) Congressional defense committees.--
The term `congressional defense committees' has
the meaning given that term in section
101(a)(16) of title 10, United States Code.
``(iii) Congressional intelligence
committees.--The term `congressional
intelligence committees' has the meaning given
that term in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003).''.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--National Security Agency
SEC. 401. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL SECURITY AGENCY.
(a) Director of the National Security Agency.--Section 2 of the
National Security Agency Act of 1959 (50 U.S.C. 3602) is amended--
(1) by inserting ``(b)'' before ``There''; and
(2) by inserting before subsection (b), as so designated by
paragraph (1), the following:
``(a)(1) There is a Director of the National Security Agency.
``(2) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(3) The Director of the National Security Agency shall be the
head of the National Security Agency and shall discharge such functions
and duties as are provided by this Act or otherwise by law or executive
order.''.
(b) Position of Importance and Responsibility.--The President may
designate the Director of the National Security Agency as a position of
importance and responsibility under section 601 of title 10, United
States Code.
(c) Effective Date and Applicability.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply upon the earlier of--
(A) the date of the nomination by the President of
an individual to serve as the Director of the National
Security Agency, except that the individual serving as
such Director as of the date of the enactment of this
Act may continue to perform such duties after such date
of nomination and until the individual appointed as
such Director, by and with the advice and consent of
the Senate, assumes the duties of such Director; or
(B) the date of the cessation of the performance of
the duties of such Director by the individual
performing such duties as of the date of the enactment
of this Act.
(2) Positions of importance and responsibility.--Subsection
(b) shall take effect on the date of the enactment of this Act.
SEC. 402. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL SECURITY
AGENCY.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 8G(a)(2), by striking ``the National
Security Agency,''; and
(2) in section 12--
(A) in paragraph (1), by striking ``or the Federal
Cochairpersons of the Commissions established under
section 15301 of title 40, United States Code;'' and
inserting ``the Federal Cochairpersons of the
Commissions established under section 15301 of title
40, United States Code; the Director of the National
Security Agency;''; and
(B) in paragraph (2), by striking ``or the
Commissions established under section 15301 of title
40, United States Code,'' and inserting ``the
Commissions established under section 15301 of title
40, United States Code, the National Security
Agency,''.
(b) Effective Date; Incumbent.--
(1) Effective date.--The amendments made by subsection (a)
shall take effect on the date on which the first Director of
the National Security Agency takes office on or after the date
of the enactment of this Act.
(2) Incumbent.--The individual serving as Inspector General
of the National Security Agency on the date of the enactment of
this Act shall be eligible to be appointed by the President to
a new term of service under section 3 of the Inspector General
Act of 1978 (5 U.S.C. App.), by and with the advice and consent
of the Senate.
Subtitle B--National Reconnaissance Office
SEC. 411. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL RECONNAISSANCE
OFFICE.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 3001
et seq.) is amended by adding after section 106 the following:
``SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.
``(a) In General.--There is a Director of the National
Reconnaissance Office.
``(b) Appointment.--The Director of the National Reconnaissance
Office shall be appointed by the President, by and with the advice and
consent of the Senate.
``(c) Functions and Duties.--The Director of the National
Reconnaissance Office shall be the head of the National Reconnaissance
Office and shall discharge such functions and duties as are provided by
this Act or otherwise by law or executive order.
``(d) Position of Importance and Responsibility.--The President may
designate the Director of the National Reconnaissance Office as a
position of importance and responsibility under section 601 of title
10, United States Code.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 (50 U.S.C. 3001 et
seq.) is amended by inserting after the item relating to section 106
the following:
``Sec. 106A. Director of the National Reconnaissance Office.''.
(c) Effective Date and Applicability.--
(1) In general.--Subsection (a) shall take effect on the
date of enactment of this Act and shall apply upon the earlier
of--
(A) the date of the nomination by the President of
an individual to serve as the Director of the National
Reconnaissance Office, except that the individual
serving as such Director as of the date of the
enactment of this Act may continue to perform such
duties after such date of nomination and until the
individual appointed as such Director, by and with the
advice and consent of the Senate, assumes the duties of
such Director; or
(B) the date of the cessation of the performance of
the duties of such Director by the individual
performing such duties as of the date of enactment of
this Act.
(2) Positions of importance and responsibility.--Subsection
(d) of section 106A of the National Security Act of 1947, as
added by subsection (a), shall take effect on the date of the
enactment of this Act.
SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL
RECONNAISSANCE OFFICE.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C.
App.)--
(1) in section 8G(a)(2), as amended by section 402, is
further amended by striking ``the National Reconnaissance
Office,''; and
(2) in section 12, as amended by section 402, is further
amended--
(A) in paragraph (1), by inserting ``or the
Director of the National Reconnaissance Office;''
before ``as the case may be;''; and
(B) in paragraph (2), by inserting ``or the
National Reconnaissance Office,'' before ``as the case
may be;''.
(b) Effective Date; Incumbent.--
(1) Effective date.--The amendments made by subsection (a)
shall take effect on the date on which the first Director of
the National Reconnaissance Office takes office on or after the
date of enactment of this Act.
(2) Incumbent.--The individual serving as Inspector General
of the National Reconnaissance Office on the date of enactment
of this Act shall be eligible to be appointed by the President
to a new term of service under section 3 of the Inspector
General Act of 1978 (5 U.S.C. App.), by and with the advice and
consent of the Senate.
TITLE V--SECURITY CLEARANCE REFORM
SEC. 501. 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.
SEC. 502. 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. 503. ENHANCED RECIPROCITY OF SECURITY CLEARANCES.
Section 3001(d) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(d)) is amended by adding at the end the
following:
``(7)(A) No agency may reject another agency's determination that
an individual is eligible for access to classified information on the
basis that such eligibility determination is out-of-scope, unless the
head of the entity selected pursuant to subsection (b) certifies to the
appropriate committees of Congress that the rejecting agency does not
employ any personnel who have background investigations that are out-
of-scope.
``(B) In this paragraph, the term `out-of-scope' means a background
investigation or reinvestigation that is more than--
``(i) 7 years old in the case of a top secret clearance;
``(ii) 10 years old in the case of a secret clearance; or
``(iii) 15 years old in the case of a confidential
clearance.
``(8) All personnel who have been determined to be eligible for
access to classified information shall be presumed to be suitable for
employment, unless and until the head of an agency determines on a
case-by-case basis that an individual is not suitable for employment,
in which case the individual shall be notified of such suitability
determination in writing within 15 days.''.
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 6 months after the date of the
enactment of this Act, and annually thereafter until 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
improving the process for periodic reinvestigations.
(b) Contents.--The plan required by subsection (a) shall include--
(1) an analysis of the costs and benefits associated with
conducting more frequent or less frequent periodic
reinvestigations; and
(2) 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.
(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)).
TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS
SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY WHISTLEBLOWERS.
(a) In General.--Chapter 23 of title 5, United States Code, is
amended by inserting after section 2303 the following:
``Sec. 2303A. Prohibited personnel practices in the intelligence
community
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means an executive
department or independent establishment, as defined under
sections 101 and 104, that contains an intelligence community
element, except the Federal Bureau of Investigation.
``(2) Congressional intelligence committees.--The term
`congressional intelligence committees' means--
``(A) the Select Committee on Intelligence of the
Senate; and
``(B) the Permanent Select Committee on
Intelligence of the House of Representatives.
``(3) Intelligence community element.--The term
`intelligence community element'--
``(A) means--
``(i) the Central Intelligence Agency, the
Defense Intelligence Agency, the National
Geospatial-Intelligence Agency, the National
Security Agency, the Office of the Director of
National Intelligence, and the National
Reconnaissance Office; and
``(ii) any executive agency or unit thereof
determined by the President under section
2302(a)(2)(C)(ii) to have as its principal
function the conduct of foreign intelligence or
counterintelligence activities; and
``(B) does not include the Federal Bureau of
Investigation; and
``(4) Personnel action.--The term `personnel action' means
any action described in clauses (i) through (x) of section
2302(a)(2)(A) with respect to an employee in a position in an
intelligence community element (other than a position of a
confidential, policy-determining, policymaking, or policy-
advocating character).
``(b) In General.--Any employee of an agency who has authority to
take, direct others to take, recommend, or approve any personnel
action, shall not, with respect to such authority, take or fail to take
a personnel action with respect to any employee of an intelligence
community element as a reprisal for a disclosure of information by the
employee to the Director of National Intelligence (or an employee
designated by the Director of National Intelligence for such purpose),
the Inspector General of the Intelligence Community, the head of the
employing agency (or an employee designated by the head of that agency
for such purpose), the appropriate inspector general of the employing
agency, a congressional intelligence committee, or a member of a
congressional intelligence committee, which the employee reasonably
believes evidences--
``(1) a violation of any law, rule, or regulation; or
``(2) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety.
``(c) Enforcement.--The President shall provide for the enforcement
of this section in a manner consistent with applicable provisions of
sections 1214 and 1221.
``(d) Existing Rights Preserved.--Nothing in this section shall be
construed to--
``(1) preempt or preclude any employee, or applicant for
employment, at the Federal Bureau of Investigation from
exercising rights currently provided under any other law, rule,
or regulation, including section 2303;
``(2) repeal section 2303; or
``(3) provide the President or Director of National
Intelligence the authority to revise regulations related to
section 2303, codified in part 27 of the Code of Federal
Regulations.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 23 of title 5, United States Code, is amended by inserting
after the item relating to section 2303 the following:
``2303A. Prohibited personnel practices in the intelligence
community.''.
SEC. 602. REVIEW OF SECURITY CLEARANCE OR ACCESS DETERMINATIONS.
(a) In General.--Section 3001(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Not'' and inserting ``Except as otherwise provided, not'';
(2) in paragraph (5), by striking ``and'' after the
semicolon;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by inserting after paragraph (6) the following:
``(7) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2014--
``(A) developing policies and procedures that
permit, to the extent practicable, individuals who in
good faith appeal a determination to suspend or revoke
a security clearance or access to classified
information to retain their government employment
status while such challenge is pending; and
``(B) developing and implementing uniform and
consistent policies and procedures to ensure proper
protections during the process for denying, suspending,
or revoking a security clearance or access to
classified information, including the provision of a
right to appeal such a denial, suspension, or
revocation, except that there shall be no appeal of an
agency's suspension of a security clearance or access
determination for purposes of conducting an
investigation, if that suspension lasts no longer than
1 year or the head of the agency certifies that a
longer suspension is needed before a final decision on
denial or revocation to prevent imminent harm to the
national security.
``Any limitation period applicable to an agency appeal under
paragraph (7) shall be tolled until the head of the agency (or in the
case of any component of the Department of Defense, the Secretary of
Defense) determines, with the concurrence of the Director of National
Intelligence, that the policies and procedures described in paragraph
(7) have been established for the agency or the Director of National
Intelligence promulgates the policies and procedures under paragraph
(7). The policies and procedures for appeals developed under paragraph
(7) shall be comparable to the policies and procedures pertaining to
prohibited personnel practices defined under section 2302(b)(8) of
title 5, United States Code, and provide--
``(A) for an independent and impartial fact-finder;
``(B) for notice and the opportunity to be heard, including
the opportunity to present relevant evidence, including witness
testimony;
``(C) that the employee or former employee may be
represented by counsel;
``(D) that the employee or former employee has a right to a
decision based on the record developed during the appeal;
``(E) that not more than 180 days shall pass from the
filing of the appeal to the report of the impartial fact-finder
to the agency head or the designee of the agency head, unless--
``(i) the employee and the agency concerned agree
to an extension; or
``(ii) the impartial fact-finder determines in
writing that a greater period of time is required in
the interest of fairness or national security;
``(F) for the use of information specifically required by
Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs in a manner
consistent with the interests of national security, including
ex parte submissions if the agency determines that the
interests of national security so warrant; and
``(G) that the employee or former employee shall have no
right to compel the production of information specifically
required by Executive order to be kept classified in the
interest of national defense or the conduct of foreign affairs,
except evidence necessary to establish that the employee made
the disclosure or communication such employee alleges was
protected by subparagraphs (A), (B), and (C) of subsection
(j)(1).''.
(b) Retaliatory Revocation of Security Clearances and Access
Determinations.--Section 3001 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341) is amended by adding at the end
the following:
``(j) Retaliatory Revocation of Security Clearances and Access
Determinations.--
``(1) In general.--Agency personnel with authority over
personnel security clearance or access determinations shall not
take or fail to take, or threaten to take or fail to take, any
action with respect to any employee's security clearance or
access determination because of--
``(A) any disclosure of information to the Director
of National Intelligence (or an employee designated by
the Director of National Intelligence for such purpose)
or the head of the employing agency (or employee
designated by the head of that agency for such purpose)
by an employee that the employee reasonably believes
evidences--
``(i) a violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety;
``(B) any disclosure to the Inspector General of an
agency or another employee designated by the head of
the agency to receive such disclosures, of information
which the employee reasonably believes evidences--
``(i) a violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety;
``(C) any communication that complies with--
``(i) subsections (a)(1), (d), and (h) of
section 8H of the Inspector General Act of 1978
(5 U.S.C. App.);
``(ii) subparagraphs (A), (D), and (H) of
section 17(d)(5) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
``(iii) subparagraphs (A), (D), and (I) of
section 103H(k)(5) of the National Security Act
of 1947 (50 U.S.C. 3033(k)(5)); and
``(D) if the actions do not result in the employee
or applicant unlawfully disclosing information
specifically required by Executive order to be kept
classified in the interest of national defense or the
conduct of foreign affairs--
``(i) the exercise of any appeal,
complaint, or grievance right granted by any
law, rule, or regulation;
``(ii) testifying for or otherwise lawfully
assisting any individual in the exercise of any
right referred to in clause (i); or
``(iii) cooperating with or disclosing
information to the Inspector General of an
agency, in accordance with applicable
provisions of law in connection with an audit,
inspection, or investigation conducted by the
Inspector General.
``(2) Rule of construction.--Consistent with the protection
of sources and methods, nothing in paragraph (1) shall be
construed to authorize the withholding of information from
Congress or the taking of any personnel action against an
employee who discloses information to Congress.
``(3) Disclosures.--
``(A) In general.--A disclosure shall not be
excluded from paragraph (1) because--
``(i) the disclosure was made to a person,
including a supervisor, who participated in an
activity that the employee reasonably believed
to be covered by paragraph (1)(A)(ii);
``(ii) the disclosure revealed information
that had been previously disclosed;
``(iii) of the employee's motive for making
the disclosure;
``(iv) the disclosure was not made in
writing;
``(v) the disclosure was made while the
employee was off duty; or
``(vi) of the amount of time which has
passed since the occurrence of the events
described in the disclosure.
``(B) Reprisals.--If a disclosure is made during
the normal course of duties of an employee, the
disclosure shall not be excluded from paragraph (1) if
any employee who has authority to take, direct others
to take, recommend, or approve any personnel action
with respect to the employee making the disclosure,
took, failed to take, or threatened to take or fail to
take a personnel action with respect to that employee
in reprisal for the disclosure.
``(4) Agency adjudication.--
``(A) Remedial procedure.--An employee or former
employee who believes that he or she has been subjected
to a reprisal prohibited by paragraph (1) may, within
90 days after the issuance of notice of such decision,
appeal that decision within the agency of that employee
or former employee through proceedings authorized by
subsection (b)(7), except that there shall be no appeal
of an agency's suspension of a security clearance or
access determination for purposes of conducting an
investigation, if that suspension lasts not longer than
1 year (or a longer period in accordance with a
certification made under subsection (b)(7)).
``(B) Corrective action.--If, in the course of
proceedings authorized under subparagraph (A), it is
determined that the adverse security clearance or
access determination violated paragraph (1), the agency
shall take specific corrective action to return the
employee or former employee, as nearly as practicable
and reasonable, to the position such employee or former
employee would have held had the violation not
occurred. Such corrective action shall include
reasonable attorney's fees and any other reasonable
costs incurred, and may include back pay and related
benefits, travel expenses, and compensatory damages not
to exceed $300,000.
``(C) Contributing factor.--In determining whether
the adverse security clearance or access determination
violated paragraph (1), the agency shall find that
paragraph (1) was violated if a disclosure described in
paragraph (1) was a contributing factor in the adverse
security clearance or access determination taken
against the individual, unless the agency demonstrates
by a preponderance of the evidence that it would have
taken the same action in the absence of such
disclosure, giving the utmost deference to the agency's
assessment of the particular threat to the national
security interests of the United States in the instant
matter.
``(5) Appellate review of security clearance access
determinations by director of national intelligence.--
``(A) Definition.--In this paragraph, the term
`Board' means the appellate review board established
under section 604(b) of the Intelligence Authorization
Act for Fiscal Year 2014.
``(B) Appeal.--Within 60 days after receiving
notice of an adverse final agency determination under a
proceeding under paragraph (4), an employee or former
employee may appeal that determination to the Board.
``(C) Policies and procedures.--The Board, in
consultation with the Attorney General, Director of
National Intelligence, and the Secretary of Defense,
shall develop and implement policies and procedures for
adjudicating the appeals authorized by subparagraph
(B). The Director of National Intelligence and
Secretary of Defense shall jointly approve any rules,
regulations, or guidance issued by the Board concerning
the procedures for the use or handling of classified
information.
``(D) Review.--The Board's review shall be on the
complete agency record, which shall be made available
to the Board. The Board may not hear witnesses or admit
additional evidence. Any portions of the record that
were submitted ex parte during the agency proceedings
shall be submitted ex parte to the Board.
``(E) Further fact-finding or improper denial.--If
the Board concludes that further fact-finding is
necessary or finds that the agency improperly denied
the employee or former employee the opportunity to
present evidence that, if admitted, would have a
substantial likelihood of altering the outcome, the
Board shall remand the matter to the agency from which
it originated for additional proceedings in accordance
with the rules of procedure issued by the Board.
``(F) De novo determination.--The Board shall make
a de novo determination, based on the entire record and
under the standards specified in paragraph (4), of
whether the employee or former employee received an
adverse security clearance or access determination in
violation of paragraph (1). In considering the record,
the Board may weigh the evidence, judge the credibility
of witnesses, and determine controverted questions of
fact. In doing so, the Board may consider the prior
fact-finder's opportunity to see and hear the
witnesses.
``(G) Adverse security clearance or access
determination.--If the Board finds that the adverse
security clearance or access determination violated
paragraph (1), the Board shall separately determine
whether reinstating the security clearance or access
determination is clearly consistent with the interests
of national security, with any doubt resolved in favor
of national security, under Executive Order 12968 (60
Fed. Reg. 40245; relating to access to classified
information) or any successor thereto (including any
adjudicative guidelines promulgated under such orders)
or any subsequent Executive order, regulation, or
policy concerning access to classified information.
``(H) Remedies.--
``(i) Corrective action.--If the Board
finds that the adverse security clearance or
access determination violated paragraph (1),
the Board shall order the agency head to take
specific corrective action to return the
employee or former employee, as nearly as
practicable and reasonable, to the position
such employee or former employee would have
held had the violation not occurred. Such
corrective action shall include reasonable
attorney's fees and any other reasonable costs
incurred, and may include back pay and related
benefits, travel expenses, and compensatory
damages not to exceed $300,000. The Board may
recommend, but may not order, reinstatement or
hiring of a former employee. The Board may
order that the former employee be treated as
though the employee were transferring from the
most recent position held when seeking other
positions within the executive branch. Any
corrective action shall not include the
reinstating of any security clearance or access
determination. The agency head shall take the
actions so ordered within 90 days, unless the
Director of National Intelligence, the
Secretary of Energy, or the Secretary of
Defense, in the case of any component of the
Department of Defense, determines that doing so
would endanger national security.
``(ii) Recommended action.--If the Board
finds that reinstating the employee or former
employee's security clearance or access
determination is clearly consistent with the
interests of national security, the Board shall
recommend such action to the head of the entity
selected under subsection (b) and the head of
the affected agency.
``(I) Congressional notification.--
``(i) Orders.--Consistent with the
protection of sources and methods, at the time
the Board issues an order, the Chairperson of
the Board shall notify--
``(I) the Committee on Homeland
Security and Government Affairs of the
Senate;
``(II) the Select Committee on
Intelligence of the Senate;
``(III) the Committee on Oversight
and Government Reform of the House of
Representatives;
``(IV) the Permanent Select
Committee on Intelligence of the House
of Representatives; and
``(V) the committees of the Senate
and the House of Representatives that
have jurisdiction over the employing
agency, including in the case of a
final order or decision of the Defense
Intelligence Agency, the National
Geospatial-Intelligence Agency, the
National Security Agency, or the
National Reconnaissance Office, the
Committee on Armed Services of the
Senate and the Committee on Armed
Services of the House of
Representatives.
``(ii) Recommendations.--If the agency head
and the head of the entity selected under
subsection (b) do not follow the Board's
recommendation to reinstate a clearance, the
head of the entity selected under subsection
(b) shall notify the committees described in
subclauses (I) through (V) of clause (i).
``(6) Judicial review.--Nothing in this section shall be
construed to permit or require judicial review of any--
``(A) agency action under this section; or
``(B) action of the appellate review board
established under section 604(b) of the Intelligence
Authorization Act for Fiscal Year 2014.
``(7) Private cause of action.--Nothing in this section
shall be construed to permit, authorize, or require a private
cause of action to challenge the merits of a security clearance
determination.''.
(c) Access Determination Defined.--Section 3001(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(a)) is amended by adding at the end the following:
``(9) The term `access determination' means the
determination regarding whether an employee--
``(A) is eligible for access to classified
information in accordance with Executive Order 12968
(60 Fed. Reg. 40245; relating to access to classified
information), or any successor thereto, and Executive
Order 10865 (25 Fed. Reg. 1583; relating to
safeguarding classified information with industry), or
any successor thereto; and
``(B) possesses a need to know under such an
Order.''.
(d) Rule of Construction.--Nothing in section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341), as amended by this title, shall be construed to require the
repeal or replacement of agency appeal procedures implementing
Executive Order 12968 (60 Fed. Reg. 40245; relating to access to
classified information), or any successor thereto, and Executive Order
10865 (25 Fed. Reg. 1583; relating to safeguarding classified
information with industry), or any successor thereto, that meet the
requirements of paragraph (7) of section 3001(b) of such Act, as added
by this section.
SEC. 603. REVISIONS OF OTHER LAWS.
(a) Inspector General Act of 1978.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) If the head of an establishment determines that a complaint
or information transmitted under paragraph (1) would create a conflict
of interest for the head of the establishment, the head of the
establishment shall return the complaint or information to the
Inspector General with that determination and the Inspector General
shall make the transmission to the Director of National Intelligence
and, if the establishment is within the Department of Defense, to the
Secretary of Defense. In such a case, the requirements of this section
for the head of the establishment apply to each recipient of the
Inspector General's transmission. Each recipient of the Inspector
General's transmission shall consult with the members of the appellate
review board established under section 604(b) of the Intelligence
Authorization Act for Fiscal Year 2014 regarding all transmissions
under this paragraph.'';
(2) by designating subsection (h) as subsection (i); and
(3) by inserting after subsection (g), the following:
``(h) An individual who has submitted a complaint or information to
an Inspector General under this section may notify any member of
Congress or congressional staff member of the fact that such individual
has made a submission to that particular Inspector General, and of the
date on which such submission was made.''.
(b) Central Intelligence Agency.--Section 17(d)(5) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is amended--
(1) in subparagraph (B)--
(A) by inserting ``(i)'' after ``(B)''; and
(B) by adding at the end the following:
``(ii) If the Director determines that a complaint or information
transmitted under paragraph (1) would create a conflict of interest for
the Director, the Director shall return the complaint or information to
the Inspector General with that determination and the Inspector General
shall make the transmission to the Director of National Intelligence.
In such a case, the requirements of this subsection for the Director
apply to the Director of National Intelligence. The Director of
National Intelligence shall consult with the members of the appellate
review board established under section 604(b) of the Intelligence
Authorization Act for Fiscal Year 2014 regarding all transmissions
under this clause.''; and
(2) by adding at the end the following:
``(H) An individual who has submitted a complaint or information to
the Inspector General under this section may notify any member of
Congress or congressional staff member of the fact that such individual
has made a submission to the Inspector General, and of the date on
which such submission was made.''.
(c) National Security Act of 1947.--Section 103H(k)(5) of the
National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by
adding at the end the following:
``(I) An individual who has submitted a complaint or information to
the Inspector General under this section may notify any member of
Congress or congressional staff member of the fact that such individual
has made a submission to the Inspector General, and of the date on
which such submission was made.''.
SEC. 604. REGULATIONS; REPORTING REQUIREMENTS; NONAPPLICABILITY TO
CERTAIN TERMINATIONS.
(a) Definitions.--In this section:
(1) Congressional oversight committees.--The term
``congressional oversight committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Government Affairs of the Senate; and
(C) the Committee on Oversight and Government
Reform of the House of Representatives.
(2) Intelligence community element.--The term
``intelligence community element''--
(A) means--
(i) the Central Intelligence Agency, the
Defense Intelligence Agency, the National
Geospatial-Intelligence Agency, the National
Security Agency, the Office of the Director of
National Intelligence, and the National
Reconnaissance Office; and
(ii) any executive agency or unit thereof
determined by the President under section
2302(a)(2)(C)(ii) of title 5, United States
Code, to have as its principal function the
conduct of foreign intelligence or
counterintelligence activities; and
(B) does not include the Federal Bureau of
Investigation.
(b) Regulations.--
(1) In general.--In consultation with the Secretary of
Defense, the Director of National Intelligence shall prescribe
regulations to ensure that a personnel action shall not be
taken against an employee of an intelligence community element
as a reprisal for any disclosure of information described in
section 2303A(b) of title 5, United States Code, as added by
this title.
(2) Appellate review board.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense,
the Attorney General, and the heads of appropriate agencies,
shall establish an appellate review board that is broadly
representative of affected Departments and agencies and is made
up of individuals with expertise in merit systems principles
and national security issues--
(A) to hear whistleblower appeals related to
security clearance access determinations described in
subsection (j) of section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341), as added by this title; and
(B) that shall include a subpanel that reflects the
composition of intelligence community elements, which
shall--
(i) be composed of intelligence community
elements and inspectors general from
intelligence community elements, for the
purpose of hearing cases that arise in
intelligence community element; and
(ii) include the Inspector General of the
Intelligence Community and the Inspector
General of the Department of Defense.
(c) Report on the Status of Implementation of Regulations.--Not
later than 2 years after the date of the enactment of this Act, the
Director of National Intelligence shall submit a report on the status
of the implementation of the regulations promulgated under subsection
(b) to the congressional oversight committees.
(d) Nonapplicability to Certain Terminations.--Section 2303A of
title 5, United States Code, as added by this title, and section 3001
of the Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341), as amended by this title, shall not apply if the affected
employee is concurrently terminated under--
(1) section 1609 of title 10, United States Code;
(2) the authority of the Director of National Intelligence
under section 102A(m) of the National Security Act of 1947 (50
U.S.C. 3024(m)), if--
(A) the Director personally summarily terminates
the individual; and
(B) the Director--
(i) determines the termination to be in the
interest of the United States;
(ii) determines that the procedures
prescribed in other provisions of law that
authorize the termination of the employment of
such employee cannot be invoked in a manner
consistent with the national security; and
(iii) not later than 5 days after such
termination, notifies the congressional
oversight committees of the termination;
(3) the authority of the Director of the Central
Intelligence Agency under section 104A(e) of the National
Security Act of 1947 (50 U.S.C. 3036(e)), if--
(A) the Director personally summarily terminates
the individual; and
(B) the Director--
(i) determines the termination to be in the
interest of the United States;
(ii) determines that the procedures
prescribed in other provisions of law that
authorize the termination of the employment of
such employee cannot be invoked in a manner
consistent with the national security; and
(iii) not later than 5 days after such
termination, notifies the congressional
oversight committees of the termination; or
(4) section 7532 of title 5, United States Code, if--
(A) the agency head personally terminates the
individual; and
(B) the agency head--
(i) determines the termination to be in the
interest of the United States;
(ii) determines that the procedures
prescribed in other provisions of law that
authorize the termination of the employment of
such employee cannot be invoked in a manner
consistent with the national security; and
(iii) not later than 5 days after such
termination, notifies the congressional
oversight committees of the termination.
TITLE VII--OTHER MATTERS
SEC. 701. REPEAL OF THE TERMINATION OF NOTIFICATION REQUIREMENTS
REGARDING THE AUTHORIZED DISCLOSURE OF NATIONAL
INTELLIGENCE.
Section 504 of the Intelligence Authorization Act for Fiscal Year
2013 (Public Law 112-277; 126 Stat. 2477) is amended by striking
subsection (e).
SEC. 702. GIFTS, DEVISES, AND BEQUESTS.
Section 12 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3512) is amended--
(1) by striking the section heading and inserting ``gifts,
devises, and bequests'';
(2) in subsection (a)(2)--
(A) by inserting ``by the Director as a gift to the
Agency'' after ``accepted''; and
(B) by striking ``this section,'' and inserting
``subsection (a),'';
(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. 703. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Calendar No. 244
113th CONGRESS
1st Session
S. 1681
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2014 for intelligence and
intelligence-related activities of the United States Government and the
Office of the Director of National Intelligence, the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
_______________________________________________________________________
November 12, 2013
Read twice and placed on the calendar
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