Text: S.1681 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Public Law No: 113-126 (07/07/2014)




[113th Congress Public Law 126]
[From the U.S. Government Printing Office]



[[Page 1389]]

           INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2014

[[Page 128 STAT. 1390]]

Public Law 113-126
113th Congress

                                 An Act


 
 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. <<NOTE: July 7, 2014 -  [S. 1681]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Intelligence 
Authorization Act for Fiscal Year 2014.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. CIARDS and FERS special retirement credit for service on 
           detail to another agency.

                      TITLE III--GENERAL PROVISIONS

                       Subtitle A--General Matters

Sec. 301. Increase in employee compensation and benefits authorized by 
           law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Specific authorization of funding for High Performance 
           Computing Center 2.
Sec. 304. Clarification of exemption from Freedom of Information Act of 
           identities of employees submitting complaints to the 
           Inspector General of the Intelligence Community.
Sec. 305. Functional managers for the intelligence community.
Sec. 306. Annual assessment of intelligence community performance by 
           function.
Sec. 307. Software licensing.
Sec. 308. Plans to respond to unauthorized public disclosures of covert 
           actions.
Sec. 309. Auditability.
Sec. 310. Reports of fraud, waste, and abuse.
Sec. 311. Public Interest Declassification Board.
Sec. 312. Official representation items in support of the Coast Guard 
           Attache Program.
Sec. 313. Declassification review of certain items collected during the 
           mission that killed Osama bin Laden on May 1, 2011.
Sec. 314. Merger of the Foreign Counterintelligence Program and the 
           General Defense Intelligence Program.

[[Page 128 STAT. 1391]]

                          Subtitle B--Reporting

Sec. 321. Significant interpretations of law concerning intelligence 
           activities.
Sec. 322. Review for official publication of opinions of the Office of 
           Legal Counsel of the Department of Justice concerning 
           intelligence activities.
Sec. 323. Submittal to Congress by heads of elements of intelligence 
           community of plans for orderly shutdown in event of absence 
           of appropriations.
Sec. 324. Reports on chemical weapons in Syria.
Sec. 325. Reports to the intelligence community on penetrations of 
           networks and information systems of certain contractors.
Sec. 326. Report on electronic waste.
Sec. 327. Promoting STEM education to meet the future workforce needs of 
           the intelligence community.
Sec. 328. Repeal of the termination of notification requirements 
           regarding the authorized disclosure of national intelligence.
Sec. 329. Repeal or modification of certain reporting requirements.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

                  Subtitle A--National Security Agency

Sec. 401. Appointment of the Director of the National Security Agency.
Sec. 402. Appointment of the Inspector General of the National Security 
           Agency.
Sec. 403. Effective date and applicability.

               Subtitle B--National Reconnaissance Office

Sec. 411. Appointment of the Director of the National Reconnaissance 
           Office.
Sec. 412. Appointment of the Inspector General of the National 
           Reconnaissance Office.
Sec. 413. Effective date and applicability.

                 Subtitle C--Central Intelligence Agency

Sec. 421. Gifts, devises, and bequests.

                   TITLE V--SECURITY CLEARANCE REFORM

Sec. 501. Continuous evaluation and sharing of derogatory information 
           regarding personnel with access to classified information.
Sec. 502. Requirements for intelligence community contractors.
Sec. 503. Technology improvements to security clearance processing.
Sec. 504. Report on reciprocity of security clearances.
Sec. 505. Improving the periodic reinvestigation process.
Sec. 506. Appropriate committees of Congress defined.

       TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS

Sec. 601. Protection of intelligence community whistleblowers.
Sec. 602. Review of security clearance or access determinations.
Sec. 603. Revisions of other laws.
Sec. 604. Policies and procedures; nonapplicability to certain 
           terminations.

                     TITLE VII--TECHNICAL AMENDMENTS

Sec. 701. Technical amendments to the Central Intelligence Agency Act of 
           1949.
Sec. 702. Technical amendments to the National Security Act of 1947 
           relating to the past elimination of certain positions.
Sec. 703. Technical amendments to the Intelligence Authorization Act for 
           Fiscal Year 2013.

SEC. 2. <<NOTE: 50 USC 3003 note.>>  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)).

[[Page 128 STAT. 1392]]

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2014 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
103, the authorized personnel ceilings as of September 30, 2014, for the 
conduct of the intelligence activities of the elements listed in 
paragraphs (1) through (16) of section 101, are those specified in the 
classified Schedule of Authorizations prepared to accompany the bill S. 
1681 of the One Hundred Thirteenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) <<NOTE: President.>>  Availability.--The classified 
        Schedule of Authorizations referred to in subsection (a) shall 
        be made available to the Committee on Appropriations of the 
        Senate, the Committee on Appropriations of the House of 
        Representatives, and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the budget; 
                or
                    (C) as otherwise required by law.

[[Page 128 STAT. 1393]]

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) <<NOTE: Determination.>>  Authority for Increases.--The Director 
of National Intelligence may authorize employment of civilian personnel 
in excess of the number authorized for fiscal year 2014 by the 
classified Schedule of Authorizations referred to in section 102(a) if 
the Director of National Intelligence determines that such action is 
necessary to the performance of important intelligence functions, except 
that the number of personnel employed in excess of the number authorized 
under such section may not, for any element of the intelligence 
community, exceed 3 percent of the number of civilian personnel 
authorized under such Schedule for such element.

    (b) <<NOTE: Guidelines.>>  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) <<NOTE: Deadline.>>  Notice to Congressional Intelligence 
Committees.--The Director of National Intelligence shall notify the 
congressional intelligence committees in writing at least 15 days prior 
to each exercise of an authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2014 the sum of 
$528,229,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2015.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 855 positions as of September 30, 2014. 
Personnel serving in such elements may be permanent employees of the 
Office of the Director of National Intelligence or personnel detailed 
from other elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Intelligence Community 
        Management Account by subsection (a), there are 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

[[Page 128 STAT. 1394]]

        Community Management Account as of that date as are specified in 
        the classified Schedule of Authorizations referred to in section 
        102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2014 the sum of 
$514,000,000.
SEC. 202. CIARDS AND FERS SPECIAL RETIREMENT CREDIT FOR SERVICE ON 
                        DETAIL TO ANOTHER AGENCY.

    (a) In General.--Section 203(b) of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2013(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``service in the Agency performed'' and inserting ``service 
        performed by an Agency employee''; and
            (2) in paragraph (1), by striking ``Agency activities'' and 
        inserting ``intelligence activities''.

    (b) <<NOTE: 50 USC 2013 note.>>  Application.--The amendment made by 
subsection (a) shall be applied to retired or deceased officers of the 
Central Intelligence Agency who were designated at any time under 
section 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 
2013) prior to the date of the enactment of this Act.

                      TITLE III--GENERAL PROVISIONS

                       Subtitle A--General Matters

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                        AUTHORIZED BY LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of the 
United States.
SEC. 303. SPECIFIC AUTHORIZATION OF FUNDING FOR HIGH PERFORMANCE 
                        COMPUTING CENTER 2.

    Funds appropriated for the construction of the High Performance 
Computing Center 2 (HPCC 2), as described in the table entitled 
Consolidated Cryptologic Program (CCP) in the classified annex to 
accompany the Consolidated and Further Continuing Appropriations Act, 
2013 (Public Law 113-6; 127 Stat. 198), in excess of the amount 
specified for such activity in the tables in the classified annex 
prepared to accompany the Intelligence

[[Page 128 STAT. 1395]]

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. <<NOTE: 50 USC 3034a.>>  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. <<NOTE: 50 USC 3105a.>>  ANNUAL ASSESSMENT OF 
                          INTELLIGENCE COMMUNITY PERFORMANCE BY 
                          FUNCTION.

    ``(a) <<NOTE: Deadlines. Consultation. Reports.>>  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

[[Page 128 STAT. 1396]]

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. <<NOTE: 50 USC 3044.>>  SOFTWARE LICENSING.

    ``(a) <<NOTE: Consultation. Deadline.>>  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;

[[Page 128 STAT. 1397]]

            ``(2) <<NOTE: Assessment.>>  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. <<NOTE: Deadline.>> --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) <<NOTE: Assessment.>>  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) <<NOTE: Records.>>  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) <<NOTE: Deadlines. 50 USC 3044 note.>>  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) 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:

[[Page 128 STAT. 1398]]

    ``(h) <<NOTE: President. Plan.>>  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. <<NOTE: 50 USC 3108.>>  AUDITABILITY OF CERTAIN 
                        ELEMENTS OF THE INTELLIGENCE COMMUNITY.

    ``(a) Requirement for Annual Audits.--The head of each covered 
entity shall ensure that there is a full financial audit of such covered 
entity each year beginning with fiscal year 2014. Such audits may be 
conducted by an internal or external independent accounting or auditing 
organization.
    ``(b) Requirement for Unqualified Opinion.--Beginning as early as 
practicable, but in no event later than the audit required under 
subsection (a) for fiscal year 2016, the head of each covered entity 
shall take all reasonable steps necessary to ensure that each audit 
required under subsection (a) contains an unqualified opinion on the 
financial statements of such covered entity for the fiscal year covered 
by such audit.
    ``(c) Reports to Congress.--The chief financial officer of each 
covered entity shall provide to the congressional intelligence 
committees an annual audit report from an accounting or auditing 
organization on each audit of the covered entity conducted pursuant to 
subsection (a).
    ``(d) Covered Entity Defined.--In this section, the term `covered 
entity' means the Office of the Director of National Intelligence, the 
Central Intelligence Agency, the Defense Intelligence Agency, the 
National Security Agency, the National Reconnaissance Office, and the 
National Geospatial-Intelligence Agency.''.
    (b) Table of Contents Amendment.--The table of contents in the first 
section of the National Security Act of 1947 is amended by inserting 
after the item relating to section 508 the following new item:

``Sec. 509. Auditability of certain elements of the intelligence 
           community.''.

SEC. 310. REPORTS OF FRAUD, WASTE, AND ABUSE.

    Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended in paragraph (1)--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively;
            (2) by inserting after subparagraph (A) the following:

    ``(B) An employee of an element of the intelligence community, an 
employee assigned or detailed to an element of the intelligence 
community, or an employee of a contractor to the intelligence community, 
who intends to report to Congress a complaint or information with 
respect to an urgent concern may report such complaint or information to 
the Inspector General of the Intelligence Community.''; and
            (3) in subparagraph (D), as redesignated by paragraph (1)--
                    (A) by striking ``Act or section 17'' and inserting 
                ``Act, section 17''; and

[[Page 128 STAT. 1399]]

                    (B) by striking the period at the end and inserting 
                ``, or section 103H(k) of the National Security Act of 
                1947 (50 U.S.C. 3033(k)).''.
SEC. 311. PUBLIC INTEREST DECLASSIFICATION BOARD.

    Section 710(b) of the Public Interest Declassification Act of 2000 
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking 
``2014.'' and inserting ``2018.''.
SEC. 312. <<NOTE: 14 USC 150 note.>>  OFFICIAL REPRESENTATION 
                        ITEMS IN SUPPORT OF THE COAST GUARD 
                        ATTACHE PROGRAM.

    Notwithstanding any other limitation on the amount of funds that may 
be used for official representation items, the Secretary of Homeland 
Security may use funds made available to the Secretary through the 
National Intelligence Program for necessary expenses for intelligence 
analysis and operations coordination activities for official 
representation items in support of the Coast Guard Attache Program.
SEC. 313. DECLASSIFICATION REVIEW OF CERTAIN ITEMS COLLECTED 
                        DURING THE MISSION THAT KILLED OSAMA BIN 
                        LADEN ON MAY 1, 2011.

    Not <<NOTE: Deadline.>>  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) <<NOTE: Public information.>>  make publicly 
                available any information declassified as a result of 
                the declassification review required under paragraph 
                (1); and
            (2) <<NOTE: Reports.>>  report to the congressional 
        intelligence committees--
                    (A) the results of the declassification review 
                required under paragraph (1); and
                    (B) a justification for not declassifying any 
                information required to be included in such 
                declassification review that remains classified.
SEC. 314. <<NOTE: 50 USC 3023 note.>>  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. <<NOTE: Effective date. Notification.>>  The merger shall go into 
effect no earlier than 30 days after written notification of the merger 
is provided to the congressional intelligence committees.

                          Subtitle B--Reporting

SEC. 321. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING 
                        INTELLIGENCE ACTIVITIES.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 3021 et seq.), as added by section 309 of this Act, is further 
amended by adding at the end the following new section:

[[Page 128 STAT. 1400]]

``SEC. 510. <<NOTE: 50 USC 3109.>>  SIGNIFICANT INTERPRETATIONS OF 
                        LAW CONCERNING INTELLIGENCE ACTIVITIES.

    ``(a) <<NOTE: Deadline.>>  Notification.--Except as provided in 
subsection (c) and to the extent consistent with due regard for the 
protection from unauthorized disclosure of classified information 
relating to sensitive intelligence sources and methods or other 
exceptionally sensitive matters, the General Counsel of each element of 
the intelligence community shall notify the congressional intelligence 
committees, in writing, of any significant legal interpretation of the 
United States Constitution or Federal law affecting intelligence 
activities conducted by such element by not later than 30 days after the 
date of the commencement of any intelligence activity pursuant to such 
interpretation.

    ``(b) Content.--Each notification under subsection (a) shall provide 
a summary of the significant legal interpretation and the intelligence 
activity or activities conducted pursuant to such interpretation.
    ``(c) Exceptions.--A notification under subsection (a) shall not be 
required for a significant legal interpretation if--
            ``(1) notice of the significant legal interpretation was 
        previously provided to the congressional intelligence committees 
        under subsection (a); or
            ``(2) the significant legal interpretation was made before 
        the date of the enactment of the Intelligence Authorization Act 
        for Fiscal Year 2014.

    ``(d) <<NOTE: President. Determination.>>  Limited Access for Covert 
Action.--If the President determines that it is essential to limit 
access to a covert action finding under section 503(c)(2), the President 
may limit access to information concerning such finding that is subject 
to notification under this section to those members of Congress who have 
been granted access to the relevant finding under section 503(c)(2).''.

    (b) Table of Contents Amendment.--The table of contents in the first 
section of the National Security Act of 1947 is amended by inserting 
after the item relating to section 509, as so added, the following new 
item:

``Sec. 510. Significant interpretations of law concerning intelligence 
           activities.''.

SEC. 322. <<NOTE: 28 USC 521 note.>>  REVIEW FOR OFFICIAL 
                        PUBLICATION OF OPINIONS OF THE OFFICE OF 
                        LEGAL COUNSEL OF THE DEPARTMENT OF JUSTICE 
                        CONCERNING INTELLIGENCE ACTIVITIES.

    (a) <<NOTE: Deadline.>>  Process for Review for Official 
Publication.--Not later than 180 days after the date of the enactment of 
this Act, the Attorney General shall, in coordination with the Director 
of National Intelligence, establish a process for the regular review for 
official publication of significant opinions of the Office of Legal 
Counsel of the Department of Justice that have been provided to an 
element of the intelligence community.

    (b) Factors.--The process of review of opinions established under 
subsection (a) shall include consideration of the following:
            (1) The potential importance of an opinion to other agencies 
        or officials in the Executive branch.
            (2) The likelihood that similar questions addressed in an 
        opinion may arise in the future.
            (3) The historical importance of an opinion or the context 
        in which it arose.
            (4) The potential significance of an opinion to the overall 
        jurisprudence of the Office of Legal Counsel.

[[Page 128 STAT. 1401]]

            (5) Such other factors as the Attorney General and the 
        Director of National Intelligence consider appropriate.

    (c) <<NOTE: Applicability.>>  Presumption.--The process of review 
established under subsection (a) shall apply a presumption that 
significant opinions of the Office of Legal Counsel should be published 
when practicable, consistent with national security and other 
confidentiality considerations.

    (d) Construction.--Nothing in this section shall require the 
official publication of any opinion of the Office of Legal Counsel, 
including publication under any circumstance as follows:
            (1) When publication would reveal classified or other 
        sensitive information relating to national security.
            (2) When publication could reasonably be anticipated to 
        interfere with Federal law enforcement efforts or is prohibited 
        by law.
            (3) When publication would conflict with preserving internal 
        Executive branch deliberative processes or protecting other 
        information properly subject to privilege.

    (e) Requirement To Provide Classified Opinions to Congress.--
            (1) In general.--Any opinion of the Office of Legal Counsel 
        that would have been selected for publication under the process 
        of review established under subsection (a) but for the fact that 
        publication would reveal classified or other sensitive 
        information relating to national security shall be provided or 
        made available to the appropriate committees of Congress.
            (2) <<NOTE: President. Determination.>>  Exception for 
        covert action.--If the President determines that it is essential 
        to limit access to a covert action finding under section 
        503(c)(2) of the National Security Act of 1947 (50 U.S.C. 
        3093(c)(2)), the President may limit access to information 
        concerning such finding that would otherwise be provided or made 
        available under this subsection to those members of Congress who 
        have been granted access to such finding under such section 
        503(c)(2).

    (f) Judicial Review.--The determination whether an opinion of the 
Office of Legal Counsel is appropriate for official publication under 
the process of review established under subsection (a) is discretionary 
and is not subject to judicial review.
SEC. 323. <<NOTE: 50 USC 3311.>>  SUBMITTAL TO CONGRESS BY HEADS 
                        OF ELEMENTS OF INTELLIGENCE COMMUNITY OF 
                        PLANS FOR ORDERLY SHUTDOWN IN EVENT OF 
                        ABSENCE OF APPROPRIATIONS.

    (a) <<NOTE: Records.>>  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.

[[Page 128 STAT. 1402]]

            (4) In the case of a plan for an element of the intelligence 
        community that is within the Department of Defense, to--
                    (A) the Committee on Armed Services of the Senate; 
                and
                    (B) the Committee on Armed Services of the House of 
                Representatives.

    (b) Head of an Applicable Agency Defined.--In this section, the term 
``head of an applicable agency'' includes the following:
            (1) The Director of National Intelligence.
            (2) The Director of the Central Intelligence Agency.
            (3) Each head of each element of the intelligence community 
        that is within the Department of Defense.
SEC. 324. REPORTS ON CHEMICAL WEAPONS IN SYRIA.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to Congress a report on the Syrian chemical weapons program.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) A comprehensive assessment of chemical weapon stockpiles 
        in Syria, including names, types, and quantities of chemical 
        weapons agents, types of munitions, and location and form of 
        storage, production, and research and development facilities.
            (2) A listing of key personnel associated with the Syrian 
        chemical weapons program.
            (3) An assessment of undeclared chemical weapons stockpiles, 
        munitions, and facilities.
            (4) An assessment of how these stockpiles, precursors, and 
        delivery systems were obtained.
            (5) A description of key intelligence gaps related to the 
        Syrian chemical weapons program.
            (6) An assessment of any denial and deception efforts on the 
        part of the Syrian regime related to its chemical weapons 
        program.

    (c) Progress Reports.--Every 90 days until the date that is 18 
months after the date of the enactment of this Act, the Director of 
National Intelligence shall submit to Congress a progress report 
providing any material updates to the report required under subsection 
(a).
SEC. 325. <<NOTE: 50 USC 3330.>>  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) <<NOTE: Consultation. Criteria.>>  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.--

[[Page 128 STAT. 1403]]

            (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).

[[Page 128 STAT. 1404]]

            (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. <<NOTE: Procedures.>> --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. 326. REPORT ON ELECTRONIC WASTE.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the extent to which 
the intelligence community has implemented the recommendations of the 
Inspector General of the Intelligence Community contained in the report 
entitled ``Study of Intelligence Community Electronic Waste Disposal 
Practices'' issued in May 2013. <<NOTE: Assessment.>>  Such report shall 
include an assessment of the extent to which the policies, standards, 
and guidelines of the intelligence community governing the proper 
disposal of electronic waste are applicable to covered commercial 
electronic waste that may contain classified information.

    (b) Definitions.--In this section:
            (1) Covered commercial electronic waste.--The term ``covered 
        commercial electronic waste'' means electronic waste of a 
        commercial entity that contracts with an element of the 
        intelligence community.
            (2) Electronic waste.--The term ``electronic waste'' 
        includes any obsolete, broken, or irreparable electronic device, 
        including a television, copier, facsimile machine, tablet, 
        telephone, computer, computer monitor, laptop, printer, scanner, 
        and associated electrical wiring.

[[Page 128 STAT. 1405]]

SEC. 327. PROMOTING STEM EDUCATION TO MEET THE FUTURE WORKFORCE 
                        NEEDS OF THE INTELLIGENCE COMMUNITY.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
Secretary of Education and the congressional intelligence committees a 
report describing the anticipated hiring needs of the intelligence 
community in the fields of science, technology, engineering, and 
mathematics, including cybersecurity and computer literacy. The report 
shall--
            (1) describe the extent to which competitions, challenges, 
        or internships at elements of the intelligence community that do 
        not involve access to classified information may be utilized to 
        promote education in the fields of science, technology, 
        engineering, and mathematics, including cybersecurity and 
        computer literacy, within high schools or institutions of higher 
        education in the United States;
            (2) include cost estimates for carrying out such 
        competitions, challenges, or internships; and
            (3) include strategies for conducting expedited security 
        clearance investigations and adjudications for students at 
        institutions of higher education for purposes of offering 
        internships at elements of the intelligence community.

    (b) Consideration of Existing Programs.--In developing the report 
under subsection (a), the Director shall take into consideration 
existing programs of the intelligence community, including the education 
programs of the National Security Agency and the Information Assurance 
Scholarship Program of the Department of Defense, as appropriate.
    (c) Definitions.--In this section:
            (1) High school.--The term ``high school'' mean a school 
        that awards a secondary school diploma.
            (2) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given the term in section 
        101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
            (3) Secondary school.--The term ``secondary school'' has the 
        meaning given the term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 328. <<NOTE: 50 USC 3349.>>  REPEAL OF THE TERMINATION OF 
                        NOTIFICATION REQUIREMENTS REGARDING THE 
                        AUTHORIZED DISCLOSURE OF NATIONAL 
                        INTELLIGENCE.

    Section 504 of the Intelligence Authorization Act for Fiscal Year 
2013 (Public Law 112-277; 126 Stat. 2477) is amended by striking 
subsection (e).
SEC. 329. REPEAL OR MODIFICATION OF CERTAIN REPORTING 
                        REQUIREMENTS.

    (a) Repeal of Reporting Requirements.--
            (1) Threat of attack on the united states using weapons of 
        mass destruction.--Section 114 of the National Security Act of 
        1947 (50 U.S.C. 3050) is amended by striking subsection (b).
            (2) Treaty on conventional armed forces in europe.--Section 
        2(5)(E) of the Senate resolution advising and consenting to 
        ratification of the Document Agreed Among the States Parties to 
        the Treaty on Conventional Armed Forces in Europe

[[Page 128 STAT. 1406]]

        (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) <<NOTE: Reports.>>  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)--

[[Page 128 STAT. 1407]]

                          (i) by redesignating subparagraphs (A) through 
                      (C) as paragraphs (1) through (3), respectively; 
                      and
                          (ii) in paragraph (2) (as so redesignated)--
                                    (I) by redesignating clauses (i) and 
                                (ii) as subparagraphs (A) and (B), 
                                respectively; and
                                    (II) in the matter preceding 
                                subparagraph (A) (as so redesignated), 
                                by striking ``clauses (i) and (ii)'' and 
                                inserting ``subparagraphs (A) and (B)'';
                    (E) in subsection (d) (as redesignated by 
                subparagraph (C) of this paragraph), by striking 
                ``subsection'' and inserting ``section''; and
                    (F) in subsection (e) (as redesignated by 
                subparagraph (C) of this paragraph)--
                          (i) by redesignating subparagraphs (A) through 
                      (C) as paragraphs (1) through (3), respectively; 
                      and
                          (ii) by striking ``subsection,'' and inserting 
                      ``section''; and
            (3) in section 507 (50 U.S.C. 3106)--
                    (A) in subsection (a)--
                          (i) by striking ``(1) The date'' and inserting 
                      ``The date'';
                          (ii) by striking ``subsection (c)(1)(A)'' and 
                      inserting ``subsection (c)(1)'';
                          (iii) by striking paragraph (2); and
                          (iv) by redesignating subparagraphs (A) 
                      through (F) as paragraphs (1) through (6), 
                      respectively;
                    (B) in subsection (c)(1)--
                          (i) by striking ``(A) Except'' and inserting 
                      ``Except''; and
                          (ii) by striking subparagraph (B); and
                    (C) in subsection (d)(1)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``subsection 
                                (a)(1)'' and inserting ``subsection 
                                (a)''; and
                                    (II) by inserting ``and'' after 
                                ``March 1;'';
                          (ii) by striking subparagraph (B); and
                          (iii) by redesignating subparagraph (C) as 
                      subparagraph (B).

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

                  Subtitle A--National Security Agency

SEC. 401. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL SECURITY 
                        AGENCY.

    (a) Director of the National Security Agency.--Section 2 of the 
National Security Agency Act of 1959 (50 U.S.C. 3602) is amended--
            (1) by inserting ``(b)'' before ``There''; and
            (2) by inserting before subsection (b), as so designated by 
        paragraph (1), the following:

    ``(a)(1) There is a Director of the National Security Agency.

[[Page 128 STAT. 1408]]

    ``(2) <<NOTE: Appointment. President.>>  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) <<NOTE: 50 USC 3602 note.>>  Position of Importance and 
Responsibility.--
            (1) In general.--The President may designate the Director of 
        the National Security Agency as a position of importance and 
        responsibility under section 601 of title 10, United States 
        Code.
            (2) Effective date.--Paragraph (1) shall take effect on the 
        date of the enactment of this Act.
SEC. 402. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL 
                        SECURITY AGENCY.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in section 8G(a)(2), by striking ``the National Security 
        Agency,''; and
            (2) in section 12--
                    (A) in paragraph (1), by striking ``or the Federal 
                Cochairpersons of the Commissions established under 
                section 15301 of title 40, United States Code;'' and 
                inserting ``the Federal Cochairpersons of the 
                Commissions established under section 15301 of title 40, 
                United States Code; the Director of the National 
                Security Agency;''; and
                    (B) in paragraph (2), by striking ``or the 
                Commissions established under section 15301 of title 40, 
                United States Code,'' and inserting ``the Commissions 
                established under section 15301 of title 40, United 
                States Code, the National Security Agency,''.
SEC. 403. <<NOTE: 5 USC app. 8G note.>>  EFFECTIVE DATE AND 
                        APPLICABILITY.

    (a) In General.--Except as otherwise specifically provided, the 
amendments made by sections 401 and 402 shall take effect on October 1, 
2014, and shall apply upon the earlier of--
            (1) in the case of section 401--
                    (A) the date of the first nomination by the 
                President of an individual to serve as the Director of 
                the National Security Agency that occurs on or after 
                October 1, 2014; or
                    (B) the date of the cessation of the performance of 
                the duties of the Director of the National Security 
                Agency by the individual performing such duties on 
                October 1, 2014; and
            (2) in the case of section 402--
                    (A) the date of the first nomination by the 
                President of an individual to serve as the Inspector 
                General of the National Security Agency that occurs on 
                or after October 1, 2014; or
                    (B) the date of the cessation of the performance of 
                the duties of the Inspector General of the National 
                Security Agency by the individual performing such duties 
                on October 1, 2014.

    (b) <<NOTE: President.>>  Exception for Initial Nominations.--
Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an 
individual serving as the Director of the National Security Agency or 
the Inspector

[[Page 128 STAT. 1409]]

General of the National Security Agency on the date that the President 
first nominates an individual for such position on or after October 1, 
2014, may continue to perform in that position after such date of 
nomination and until the individual appointed to the position, by and 
with the advice and consent of the Senate, assumes the duties of the 
position.

    (c) Incumbent Inspector General.--The individual serving as 
Inspector General of the National Security Agency on the date of the 
enactment of this Act shall be eligible to be appointed by the President 
to a new term of service under section 3 of the Inspector General Act of 
1978 (5 U.S.C. App.), by and with the advice and consent of the Senate.

               Subtitle B--National Reconnaissance Office

SEC. 411. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL 
                        RECONNAISSANCE OFFICE.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 3001 
et seq.) is amended by adding after section 106 the following:
``SEC. 106A. <<NOTE: 50 USC 3041a.>>  DIRECTOR OF THE NATIONAL 
                          RECONNAISSANCE OFFICE.

    ``(a) In General.--There is a Director of the National 
Reconnaissance Office.
    ``(b) Appointment.--The Director of the National Reconnaissance 
Office shall be appointed by the President, by and with the advice and 
consent of the Senate.
    ``(c) Functions and Duties.--The Director of the National 
Reconnaissance Office shall be the head of the National Reconnaissance 
Office and shall discharge such functions and duties as are provided by 
this Act or otherwise by law or executive order.''.
    (b) <<NOTE: 50 USC 3041a note.>>  Position of Importance and 
Responsibility.--
            (1) In general.--The President may designate the Director of 
        the National Reconnaissance Office as a position of importance 
        and responsibility under section 601 of title 10, United States 
        Code.
            (2) Effective date.--Paragraph (1) shall take effect on the 
        date of the enactment of this Act.

    (c) Table of Contents Amendment.--The table of contents in the first 
section of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is 
amended by inserting after the item relating to section 106 the 
following:

``Sec. 106A. Director of the National Reconnaissance Office.''.

SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL 
                        RECONNAISSANCE OFFICE.

    The Inspector General Act of 1978 (5 U.S.C. App.)--
            (1) in section 8G(a)(2), <<NOTE: 5 USC app.>>  as amended by 
        section 402, is further amended by striking ``the National 
        Reconnaissance Office,''; and
            (2) in section 12, <<NOTE: 5 USC app.>>  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

[[Page 128 STAT. 1410]]

                    (B) in paragraph (2), by inserting ``or the National 
                Reconnaissance Office,'' before ``as the case may be;''.
SEC. 413. <<NOTE: 5 USC app. 8G note.>>  EFFECTIVE DATE AND 
                        APPLICABILITY.

    (a) In General.--The amendments made by sections 411 and 412 shall 
take effect on October 1, 2014, and shall apply upon the earlier of--
            (1) in the case of section 411--
                    (A) the date of the first nomination by the 
                President of an individual to serve as the Director of 
                the National Reconnaissance Office that occurs on or 
                after October 1, 2014; or
                    (B) the date of the cessation of the performance of 
                the duties of the Director of the National 
                Reconnaissance Office by the individual performing such 
                duties on October 1, 2014; and
            (2) in the case of section 412--
                    (A) the date of the first nomination by the 
                President of an individual to serve as the Inspector 
                General of the National Reconnaissance Office that 
                occurs on or after October 1, 2014; or
                    (B) the date of the cessation of the performance of 
                the duties of the Inspector General of the National 
                Reconnaissance Office by the individual performing such 
                duties on October 1, 2014.

    (b) <<NOTE: President.>>  Exception for Initial Nominations.--
Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an 
individual serving as the Director of the National Reconnaissance Office 
or the Inspector General of the National Reconnaissance Office on the 
date that the President first nominates an individual for such position 
on or after October 1, 2014, may continue to perform in that position 
after such date of nomination and until the individual appointed to the 
position, by and with the advice and consent of the Senate, assumes the 
duties of the position.

    (c) Incumbent Inspector General.--The individual serving as 
Inspector General of the National Reconnaissance Office on the date of 
the enactment of this Act shall be eligible to be appointed by the 
President to a new term of service under section 3 of the Inspector 
General Act of 1978 (5 U.S.C. App.), by and with the advice and consent 
of the Senate.

                 Subtitle C--Central Intelligence Agency

SEC. 421. GIFTS, DEVISES, AND BEQUESTS.

    Section 12 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
3512) is amended--
            (1) by striking the section heading and inserting ``gifts, 
        devises, and bequests'';
            (2) in subsection (a)(2)--
                    (A) by inserting ``by the Director as a gift to the 
                Agency'' after ``accepted''; and
                    (B) by striking ``this section'' and inserting 
                ``this subsection'';
            (3) in subsection (b), by striking ``this section,'' and 
        inserting ``subsection (a),'';

[[Page 128 STAT. 1411]]

            (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) <<NOTE: Definition.>>  In this subsection, the term 
`fundraising' means the raising of funds through the active 
participation in the promotion, production, or presentation of an event 
designed to raise funds and does not include the direct solicitation of 
money by any other means.''.

                   TITLE V--SECURITY CLEARANCE REFORM

SEC. 501. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY 
                        INFORMATION REGARDING PERSONNEL WITH 
                        ACCESS TO CLASSIFIED INFORMATION.

    Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 
3024(j)) is amended--
            (1) in the heading, by striking ``Sensitive Compartmented 
        Information'' and inserting ``Classified Information'';
            (2) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (3) in paragraph (4), by striking the period and inserting a 
        semicolon; and
            (4) by adding at the end the following new paragraphs:
            ``(5) ensure that the background of each employee or officer 
        of an element of the intelligence community, each contractor to 
        an element of the intelligence community, and each individual 
        employee of such a contractor who has been determined to be 
        eligible for access to classified information is monitored on a 
        continual basis under standards developed by the Director, 
        including with respect to the frequency of evaluation, during 
        the period of eligibility of such employee or officer of an 
        element of the intelligence community, such contractor, or such 
        individual employee to such a contractor to determine whether 
        such employee or officer of an element of the intelligence 
        community, such contractor, and such individual employee of such 
        a contractor continues to meet the requirements for eligibility 
        for access to classified information; and
            ``(6) develop procedures to require information sharing 
        between elements of the intelligence community concerning 
        potentially derogatory security information regarding an 
        employee or officer of an element of the intelligence community, 
        a contractor to an element of the intelligence community, or 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.''.

[[Page 128 STAT. 1412]]

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) <<NOTE: 50 USC 3024 note.>>  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) <<NOTE: Consultation. Analysis.>>  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) <<NOTE: Evaluation.>>  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

[[Page 128 STAT. 1413]]

        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.

[[Page 128 STAT. 1414]]

SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION PROCESS.

    (a) <<NOTE: Deadlines. Consultation. Strategic plan.>>  In 
General.--Not later than 180 days after the date of the enactment of 
this Act, and annually thereafter until December 31, 2017, the Director 
of National Intelligence, in consultation with the Secretary of Defense 
and the Director of the Office of Personnel Management, shall transmit 
to the appropriate committees of Congress a strategic plan for updating 
the process for periodic reinvestigations consistent with a continuous 
evaluation program.

    (b) Contents.--The plan required by subsection (a) shall include--
            (1) an analysis of the costs and benefits associated with 
        conducting periodic reinvestigations;
            (2) an analysis of the costs and benefits associated with 
        replacing some or all periodic reinvestigations with a program 
        of continuous evaluation;
            (3) a determination of how many risk-based and ad hoc 
        periodic reinvestigations are necessary on an annual basis for 
        each component of the Federal Government with employees with 
        security clearances;
            (4) an analysis of the potential benefits of expanding the 
        Government's use of continuous evaluation tools as a means of 
        improving the effectiveness and efficiency of procedures for 
        confirming the eligibility of personnel for continued access to 
        classified information; and
            (5) an analysis of how many personnel with out-of-scope 
        background investigations are employed by, or contracted or 
        detailed to, each element of the intelligence community.

    (c) Periodic Reinvestigations Defined.--In this section, the term 
``periodic reinvestigations'' has the meaning given that term in section 
3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 
(50 U.S.C. 3341(a)).
SEC. 506. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

    In this title, the term ``appropriate committees of Congress'' 
means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services and the Committee on 
        Homeland Security and Governmental Affairs of the Senate; and
            (3) the Committee on Armed Services and the Committee on 
        Homeland Security of the House of Representatives.

       TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS

SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY WHISTLEBLOWERS.

    (a) In General.--Title XI of the National Security Act of 1947 (50 
U.S.C. 3231 et seq.) is amended by adding at the end the following new 
section:
``SEC. 1104. <<NOTE: 50 USC 3234.>>  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

[[Page 128 STAT. 1415]]

        sections 101 and 104 of title 5, United States Code, that 
        contains an intelligence community element, except the Federal 
        Bureau of Investigation.
            ``(2) Covered intelligence community element.--The term 
        `covered intelligence community element'--
                    ``(A) means--
                          ``(i) the Central Intelligence Agency, the 
                      Defense Intelligence Agency, the National 
                      Geospatial-Intelligence Agency, the National 
                      Security Agency, the Office of the Director of 
                      National Intelligence, and the National 
                      Reconnaissance Office; and
                          ``(ii) any executive agency or unit thereof 
                      determined by the President under section 
                      2302(a)(2)(C)(ii) of title 5, United States Code, 
                      to have as its principal function the conduct of 
                      foreign intelligence or counterintelligence 
                      activities; and
                    ``(B) does not include the Federal Bureau of 
                Investigation.
            ``(3) Personnel action.--The term `personnel action' means, 
        with respect to an employee in a position in a covered 
        intelligence community element (other than a position excepted 
        from the competitive service due to its confidential, policy-
        determining, policymaking, or policy-advocating character)--
                    ``(A) an appointment;
                    ``(B) a promotion;
                    ``(C) a disciplinary or corrective action;
                    ``(D) a detail, transfer, or reassignment;
                    ``(E) a demotion, suspension, or termination;
                    ``(F) a reinstatement or restoration;
                    ``(G) a performance evaluation;
                    ``(H) a decision concerning pay, benefits, or 
                awards;
                    ``(I) a decision concerning education or training if 
                such education or training may reasonably be expected to 
                lead to an appointment, promotion, or performance 
                evaluation; or
                    ``(J) any other significant change in duties, 
                responsibilities, or working conditions.

    ``(b) In General.--Any employee of an agency who has authority to 
take, direct others to take, recommend, or approve any personnel action, 
shall not, with respect to such authority, take or fail to take a 
personnel action with respect to any employee of a covered intelligence 
community element as a reprisal for a lawful disclosure of information 
by the employee to the Director of National Intelligence (or an employee 
designated by the Director of National Intelligence for such purpose), 
the Inspector General of the Intelligence Community, the head of the 
employing agency (or an employee designated by the head of that agency 
for such purpose), the appropriate inspector general of the employing 
agency, a congressional intelligence committee, or a member of a 
congressional intelligence committee, which the employee reasonably 
believes evidences--
            ``(1) a violation of any Federal law, rule, or regulation; 
        or
            ``(2) mismanagement, a gross waste of funds, an abuse of 
        authority, or a substantial and specific danger to public health 
        or safety.

[[Page 128 STAT. 1416]]

    ``(c) <<NOTE: President.>>  Enforcement.--The President shall 
provide for the enforcement of this section.

    ``(d) Existing Rights Preserved.--Nothing in this section shall be 
construed to--
            ``(1) preempt or preclude any employee, or applicant for 
        employment, at the Federal Bureau of Investigation from 
        exercising rights provided under any other law, rule, or 
        regulation, including section 2303 of title 5, United States 
        Code; or
            ``(2) repeal section 2303 of title 5, United States Code.''.

    (b) Table of Contents Amendment.--The table of contents in the first 
section of the National Security Act of 1947 is amended by adding at the 
end the following new item:

``Sec. 1104. Prohibited personnel practices in the intelligence 
           community.''.

SEC. 602. REVIEW OF SECURITY CLEARANCE OR ACCESS DETERMINATIONS.

    (a) General Responsibility.--
            (1) In general.--Section 3001(b) of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)) is 
        amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Not'' and inserting ``Except as otherwise 
                provided, not'';
                    (B) in paragraph (5), by striking ``and'' after the 
                semicolon;
                    (C) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by inserting after paragraph (6) the following:
            ``(7) <<NOTE: Deadline. Procedures.>>  not later than 180 
        days after the date of the enactment of the Intelligence 
        Authorization Act for Fiscal Year 2014--
                    ``(A) developing policies and procedures that 
                permit, to the extent practicable, individuals to appeal 
                a determination to suspend or revoke a security 
                clearance or access to classified information and to 
                retain their government employment status while such 
                challenge is pending; and
                    ``(B) developing and implementing uniform and 
                consistent policies and procedures to ensure proper 
                protections during the process for denying, suspending, 
                or revoking a security clearance or access to classified 
                information, including the ability to appeal such a 
                denial, suspension, or revocation, except that there 
                shall be no appeal of an agency's suspension of a 
                security clearance or access determination for purposes 
                of conducting an investigation, if that suspension lasts 
                no longer than 1 year or the head of the agency or a 
                designee of the head of the agency certifies that a 
                longer suspension is needed before a final decision on 
                denial or revocation to prevent imminent harm to the 
                national security.''.
            (2) <<NOTE: Reports. Deadline. Extension. 50 USC 3341 
        note.>>  Required elements of policies and procedures.--The 
        policies and procedures for appeal developed under paragraph (7) 
        of section 3001(b) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004, as added by subsection (a), shall 
        provide for the Inspector General of the Intelligence Community, 
        or the inspector general of the employing agency, to conduct 
        fact-finding and report to the agency head or the designee of 
        the agency head within 180 days unless the employee and the 
        agency agree to an extension or the investigating inspector 
        general determines in writing that a greater

[[Page 128 STAT. 1417]]

        period of time is required. To the fullest extent possible, such 
        fact-finding shall include an opportunity for the employee to 
        present relevant evidence such as witness testimony.

    (b) Retaliatory Revocation of Security Clearances and Access 
Determinations.--Section 3001 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 3341) is amended by adding at the end 
the following:
    ``(j) Retaliatory Revocation of Security Clearances and Access 
Determinations.--
            ``(1) In general.--Agency personnel with authority over 
        personnel security clearance or access determinations shall not 
        take or fail to take, or threaten to take or fail to take, any 
        action with respect to any employee's security clearance or 
        access determination in retaliation for--
                    ``(A) any lawful disclosure of information to the 
                Director of National Intelligence (or an employee 
                designated by the Director of National Intelligence for 
                such purpose) or the head of the employing agency (or 
                employee designated by the head of that agency for such 
                purpose) by an employee that the employee reasonably 
                believes evidences--
                          ``(i) a violation of any Federal law, rule, or 
                      regulation; or
                          ``(ii) gross mismanagement, a gross waste of 
                      funds, an abuse of authority, or a substantial and 
                      specific danger to public health or safety;
                    ``(B) any lawful disclosure to the Inspector General 
                of an agency or another employee designated by the head 
                of the agency to receive such disclosures, of 
                information which the employee reasonably believes 
                evidences--
                          ``(i) a violation of any Federal law, rule, or 
                      regulation; or
                          ``(ii) gross mismanagement, a gross waste of 
                      funds, an abuse of authority, or a substantial and 
                      specific danger to public health or safety;
                    ``(C) any lawful disclosure that complies with--
                          ``(i) subsections (a)(1), (d), and (h) of 
                      section 8H of the Inspector General Act of 1978 (5 
                      U.S.C. App.);
                          ``(ii) subparagraphs (A), (D), and (H) of 
                      section 17(d)(5) of the Central Intelligence 
                      Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
                          ``(iii) subparagraphs (A), (D), and (I) of 
                      section 103H(k)(5) of the National Security Act of 
                      1947 (50 U.S.C. 3033(k)(5)); and
                    ``(D) if the actions do not result in the employee 
                or applicant unlawfully disclosing information 
                specifically required by Executive order to be kept 
                classified in the interest of national defense or the 
                conduct of foreign affairs, any lawful disclosure in 
                conjunction with--
                          ``(i) the exercise of any appeal, complaint, 
                      or grievance right granted by any law, rule, or 
                      regulation;
                          ``(ii) testimony for or otherwise lawfully 
                      assisting any individual in the exercise of any 
                      right referred to in clause (i); or
                          ``(iii) cooperation with or disclosing 
                      information to the Inspector General of an agency, 
                      in accordance with applicable provisions of law in 
                      connection with an

[[Page 128 STAT. 1418]]

                      audit, inspection, or investigation conducted by 
                      the Inspector General.
            ``(2) Rule of construction.--Consistent with the protection 
        of sources and methods, nothing in paragraph (1) shall be 
        construed to authorize the withholding of information from 
        Congress or the taking of any personnel action against an 
        employee who lawfully discloses information to Congress.
            ``(3) Disclosures.--
                    ``(A) In general.--A disclosure shall not be 
                excluded from paragraph (1) because--
                          ``(i) the disclosure was made to a person, 
                      including a supervisor, who participated in an 
                      activity that the employee reasonably believed to 
                      be covered by paragraph (1)(A)(ii);
                          ``(ii) the disclosure revealed information 
                      that had been previously disclosed;
                          ``(iii) the disclosure was not made in 
                      writing;
                          ``(iv) the disclosure was made while the 
                      employee was off duty; or
                          ``(v) of the amount of time which has passed 
                      since the occurrence of the events described in 
                      the disclosure.
                    ``(B) Reprisals.--If a disclosure is made during the 
                normal course of duties of an employee, the disclosure 
                shall not be excluded from paragraph (1) if any employee 
                who has authority to take, direct others to take, 
                recommend, or approve any personnel action with respect 
                to the employee making the disclosure, took, failed to 
                take, or threatened to take or fail to take a personnel 
                action with respect to that employee in reprisal for the 
                disclosure.
            ``(4) Agency adjudication.--
                    ``(A) <<NOTE: Deadline. Time period.>>  Remedial 
                procedure.--An employee or former employee who believes 
                that he or she has been subjected to a reprisal 
                prohibited by paragraph (1) may, within 90 days after 
                the issuance of notice of such decision, appeal that 
                decision within the agency of that employee or former 
                employee through proceedings authorized by subsection 
                (b)(7), except that there shall be no appeal of an 
                agency's suspension of a security clearance or access 
                determination for purposes of conducting an 
                investigation, if that suspension lasts not longer than 
                1 year (or a longer period in accordance with a 
                certification made under subsection (b)(7)).
                    ``(B) Corrective action.--If, in the course of 
                proceedings authorized under subparagraph (A), it is 
                determined that the adverse security clearance or access 
                determination violated paragraph (1), the agency shall 
                take specific corrective action to return the employee 
                or former employee, as nearly as practicable and 
                reasonable, to the position such employee or former 
                employee would have held had the violation not occurred. 
                Such corrective action may include back pay and related 
                benefits, travel expenses, and compensatory damages not 
                to exceed $300,000.
                    ``(C) Contributing factor.--In determining whether 
                the adverse security clearance or access determination 
                violated paragraph (1), the agency shall find that 
                paragraph (1) was violated if a disclosure described in 
                paragraph

[[Page 128 STAT. 1419]]

                (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) <<NOTE: Deadline.>>  Appeal.--Within 60 days 
                after receiving notice of an adverse final agency 
                determination under a proceeding under paragraph (4), an 
                employee or former employee may appeal that 
                determination in accordance with the procedures 
                established under subparagraph (B).
                    ``(B) <<NOTE: Consultation.>>  Policies and 
                procedures.--The Director of National Intelligence, in 
                consultation with the Attorney General and the Secretary 
                of Defense, shall develop and implement policies and 
                procedures for adjudicating the appeals authorized by 
                subparagraph (A).
                    ``(C) Congressional notification.--Consistent with 
                the protection of sources and methods, at the time the 
                Director of National Intelligence issues an order 
                regarding an appeal pursuant to the policies and 
                procedures established by this paragraph, the Director 
                of National Intelligence shall notify the congressional 
                intelligence committees.
            ``(6) Judicial review.--Nothing in this section shall be 
        construed to permit or require judicial review of any--
                    ``(A) agency action under this section; or
                    ``(B) action of the appellate review procedures 
                established under paragraph (5).
            ``(7) Private cause of action.--Nothing in this section 
        shall be construed to permit, authorize, or require a private 
        cause of action to challenge the merits of a security clearance 
        determination.''.

    (c) Access Determination Defined.--Section 3001(a) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
3341(a)) is amended by adding at the end the following:
            ``(9) Access determination.--The term `access determination' 
        means the determination regarding whether an employee--
                    ``(A) is eligible for access to classified 
                information in accordance with Executive Order 12968 (60 
                Fed. Reg. 40245; relating to access to classified 
                information), or any successor thereto, and Executive 
                Order 10865 (25 Fed. Reg. 1583; relating to safeguarding 
                classified information with industry), or any successor 
                thereto; and
                    ``(B) possesses a need to know under such an 
                Order.''.

    (d) <<NOTE: 50 USC 3341 note.>>  Existing Rights Preserved.--Nothing 
in this section or the amendments made by this section shall be 
construed to preempt, preclude, or otherwise prevent an individual from 
exercising rights, remedies, or avenues of redress currently provided 
under any other law, regulation, or rule.

    (e) <<NOTE: 50 USC 3341 note.>>  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

[[Page 128 STAT. 1420]]

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) <<NOTE: Determination.>>  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. <<NOTE: Applicability.>>  In 
such a case, the requirements of this section for the head of the 
establishment apply to each recipient of the Inspector General's 
transmission.'';
            (2) by redesignating subsection (h) as subsection (i); and
            (3) by inserting after subsection (g) the following:

    ``(h) An individual who has submitted a complaint or information to 
an Inspector General under this section may notify any member of the 
Permanent Select Committee on Intelligence of the House of 
Representatives or the Select Committee on Intelligence of the Senate, 
or a staff member of either such Committee, of the fact that such 
individual has made a submission to that particular Inspector General, 
and of the date on which such submission was made.''.
    (b) Central Intelligence Agency.--Section 17(d)(5) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is amended--
            (1) in subparagraph (B)--
                    (A) by inserting ``(i)'' after ``(B)''; and
                    (B) by adding at the end the following:

    ``(ii) <<NOTE: Determination.>>  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. <<NOTE: Applicability.>>  In such 
a case, the requirements of this subsection for the Director of the 
Central Intelligence Agency apply to the Director of National 
Intelligence''; and
            (2) by adding at the end the following:

    ``(H) An individual who has submitted a complaint or information to 
the Inspector General under this section may notify any member of the 
Permanent Select Committee on Intelligence of the House of 
Representatives or the Select Committee on Intelligence of the Senate, 
or a staff member of either such Committee, of the fact that such 
individual has made a submission to the Inspector General, and of the 
date on which such submission was made.''.

[[Page 128 STAT. 1421]]

    (c) National Security Act of 1947.--Section 103H(k)(5) of the 
National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by 
adding at the end the following:
    ``(I) An individual who has submitted a complaint or information to 
the Inspector General under this section may notify any member of either 
of the congressional intelligence committees, or a staff member of 
either of such committees, of the fact that such individual has made a 
submission to the Inspector General, and of the date on which such 
submission was made.''.
SEC. 604. <<NOTE: 50 USC 3234 note.>>  POLICIES AND PROCEDURES; 
                        NONAPPLICABILITY TO CERTAIN TERMINATIONS.

    (a) Covered Intelligence Community Element Defined.--In this 
section, the term ``covered intelligence community element''--
            (1) means--
                    (A) the Central Intelligence Agency, the Defense 
                Intelligence Agency, the National Geospatial-
                Intelligence Agency, the National Security Agency, the 
                Office of the Director of National Intelligence, and the 
                National Reconnaissance Office; and
                    (B) any executive agency or unit thereof determined 
                by the President under section 2302(a)(2)(C)(ii) of 
                title 5, United States Code, to have as its principal 
                function the conduct of foreign intelligence or 
                counterintelligence activities; and
            (2) does not include the Federal Bureau of Investigation.

    (b) <<NOTE: Consultation.>>  Regulations.--In consultation with the 
Secretary of Defense, the Director of National Intelligence shall 
develop policies and procedures to ensure that a personnel action shall 
not be taken against an employee of a covered intelligence community 
element as a reprisal for any disclosure of information described in 
1104 of the National Security Act of 1947, as added by section 601 of 
this Act.

    (c) Report on the Status of Implementation of Regulations.--Not 
later than 2 years after the date of the enactment of this Act, the 
Director of National Intelligence shall submit a report on the status of 
the implementation of the regulations promulgated under subsection (b) 
to the congressional intelligence committees.
    (d) Nonapplicability to Certain Terminations.--Section 1104 of the 
National Security Act of 1947, as added by section 601 of this Act, and 
section 3001 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 3341), as amended by section 602 of this Act, shall not 
apply if--
            (1) the affected employee is concurrently terminated under--
                    (A) section 1609 of title 10, United States Code;
                    (B) the authority of the Director of National 
                Intelligence under section 102A(m) of the National 
                Security Act of 1947 (50 U.S.C. 3024(m)), if the 
                Director determines that the termination is in the 
                interest of the United States;
                    (C) the authority of the Director of the Central 
                Intelligence Agency under section 104A(e) of the 
                National Security Act of 1947 (50 U.S.C. 3036(e)), if 
                the Director determines that the termination is in the 
                interest of the United States; or

[[Page 128 STAT. 1422]]

                    (D) section 7532 of title 5, United States Code, if 
                the head of the agency determines that the termination 
                is in the interest of the United States; and
            (2) <<NOTE: Deadline. Notification.>>  not later than 30 
        days after such termination, the head of the agency that 
        employed the affected employee notifies the congressional 
        intelligence committees of the termination.

                     TITLE VII--TECHNICAL AMENDMENTS

SEC. 701. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY 
                        ACT OF 1949.

    Section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
3521) is amended--
            (1) in subsection (b)(1)(D), by striking ``section (a)'' and 
        inserting ``subsection (a)''; and
            (2) in subsection (c)(2)(E), by striking ``provider.'' and 
        inserting ``provider''.
SEC. 702. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 
                        1947 RELATING TO THE PAST ELIMINATION OF 
                        CERTAIN POSITIONS.

    Section 101(a) of the National Security Act of 1947 (50 U.S.C. 
3021(a)) is amended--
            (1) in paragraph (5), by striking the semicolon and 
        inserting ``; and'';
            (2) by striking paragraphs (6) and (7);
            (3) by redesignating paragraph (8) as paragraph (6); and
            (4) in paragraph (6) (as so redesignated), by striking ``the 
        Chairman of the Munitions Board, and the Chairman of the 
        Research and Development Board,''.
SEC. 703. TECHNICAL AMENDMENTS TO THE INTELLIGENCE AUTHORIZATION 
                        ACT FOR FISCAL YEAR 2013.

    (a) Amendments.--Section 506 of the Intelligence Authorization Act 
for Fiscal Year 2013 <<NOTE: 50 USC 3126.>>  (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''.

[[Page 128 STAT. 1423]]

    (b) <<NOTE: 50 USC 3126 note.>>  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).

    Approved July 7, 2014.

LEGISLATIVE HISTORY--S. 1681:
---------------------------------------------------------------------------

SENATE REPORTS: No. 113-120 (Select Comm. on Intelligence).
CONGRESSIONAL RECORD, Vol. 160 (2014):
            June 11, considered and passed Senate.
            June 24, considered and passed House.

                                  <all>