SEC. 412. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL RECONNAISSANCE OFFICE.
The Inspector General Act of 1978 (5 U.S.C. App.)--
(1) in section 8G(a)(2), as amended by section 402, is further amended by striking `the National Reconnaissance Office,'; and
(2) in section 12, as amended by section 402, is further amended--
(A) in paragraph (1), by inserting `or the Director of the National Reconnaissance Office;' before `as the case may be;'; and
(B) in paragraph (2), by inserting `or the National Reconnaissance Office,' before `as the case may be;'.
SEC. 413. EFFECTIVE DATE AND APPLICABILITY.
(a) In General- The amendments made by sections 411 and 412 shall take effect on October 1, 2014, and shall apply upon the earlier of--
(1) in the case of section 411--
(A) the date of the first nomination by the President of an individual to serve as the Director of the National Reconnaissance Office that occurs on or after October 1, 2014; or
(B) the date of the cessation of the performance of the duties of the Director of the National Reconnaissance Office by the individual performing such duties on October 1, 2014; and
(2) in the case of section 412--
(A) the date of the first nomination by the President of an individual to serve as the Inspector General of the National Reconnaissance Office that occurs on or after October 1, 2014; or
(B) the date of the cessation of the performance of the duties of the Inspector General of the National Reconnaissance Office by the individual performing such duties on October 1, 2014.
(b) Exception for Initial Nominations- Notwithstanding paragraph (1)(A) or (2)(A) of subsection (a), an individual serving as the Director of the National Reconnaissance Office or the Inspector General of the National Reconnaissance Office on the date that the President first nominates an individual for such position on or after October 1, 2014, may continue to perform in that position after such date of nomination and until the individual appointed to the position, by and with the advice and consent of the Senate, assumes the duties of the position.
(c) Incumbent Inspector General- The individual serving as Inspector General of the National Reconnaissance Office on the date of the enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate.
Subtitle C--Central Intelligence Agency
SEC. 421. GIFTS, DEVISES, AND BEQUESTS.
Section 12 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3512) is amended--
(1) by striking the section heading and inserting `GIFTS, DEVISES, AND BEQUESTS';
(2) in subsection (a)(2)--
(A) by inserting `by the Director as a gift to the Agency' after `accepted'; and
(B) by striking `this section' and inserting `this subsection';
(3) in subsection (b), by striking `this section,' and inserting `subsection (a),';
(4) in subsection (c), by striking `this section,' and inserting `subsection (a),';
(5) in subsection (d), by striking `this section' and inserting `subsection (a)';
(6) by redesignating subsection (f) as subsection (g); and
(7) by inserting after subsection (e) the following:
`(f)(1) The Director may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support to surviving family members of deceased Agency employees or that otherwise provide support for the welfare, education, or recreation of Agency employees, former Agency employees, or their family members.
`(2) In this subsection, the term `fundraising' means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means.'.
TITLE V--SECURITY CLEARANCE REFORM
SEC. 501. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY INFORMATION REGARDING PERSONNEL WITH ACCESS TO CLASSIFIED INFORMATION.
Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 3024(j)) is amended--
(1) in the heading, by striking `Sensitive Compartmented Information' and inserting `Classified Information';
(2) in paragraph (3), by striking `; and' and inserting a semicolon;
(3) in paragraph (4), by striking the period and inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
`(5) ensure that the background of each employee or officer of an element of the intelligence community, each contractor to an element of the intelligence community, and each individual employee of such a contractor who has been determined to be eligible for access to classified information is monitored on a continual basis under standards developed by the Director, including with respect to the frequency of evaluation, during the period of eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee to such a contractor to determine whether such employee or officer of an element of the intelligence community, such contractor, and such individual employee of such a contractor continues to meet the requirements for eligibility for access to classified information; and
`(6) develop procedures to require information sharing between elements of the intelligence community concerning potentially derogatory security information regarding an employee or officer of an element of the intelligence community, a contractor to an element of the intelligence community, or an individual employee of such a contractor that may impact the eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee of such a contractor for a security clearance.'.
SEC. 502. REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirements- Section 102A of the National Security Act of 1947 (50 U.S.C. 3024) is amended by adding at the end the following new subsection:
`(x) Requirements for Intelligence Community Contractors- The Director of National Intelligence, in consultation with the head of each department of the Federal Government that contains an element of the intelligence community and the Director of the Central Intelligence Agency, shall--
`(1) ensure that--
`(A) any contractor to an element of the intelligence community with access to a classified network or classified information develops and operates a security plan that is consistent with standards established by the Director of National Intelligence for intelligence community networks; and
`(B) each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards;
`(2) conduct periodic assessments of each security plan required under paragraph (1)(A) to ensure such security plan complies with the requirements of such paragraph; and
`(3) ensure that the insider threat detection capabilities and insider threat policies of the intelligence community apply to facilities of contractors with access to a classified network.'.
(b) Applicability- The amendment made by subsection (a) shall apply with respect to contracts entered into or renewed after the date of the enactment of this Act.
SEC. 503. TECHNOLOGY IMPROVEMENTS TO SECURITY CLEARANCE PROCESSING.
(a) In General- The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall conduct an analysis of the relative costs and benefits of potential improvements to the process for investigating persons who are proposed for access to classified information and adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information.
(b) Contents of Analysis- In conducting the analysis required by subsection (a), the Director of National Intelligence shall evaluate the costs and benefits associated with--
(1) the elimination of manual processes in security clearance investigations and adjudications, if possible, and automating and integrating the elements of the investigation process, including--
(A) the clearance application process;
(B) case management;
(C) adjudication management;
(D) investigation methods for the collection, analysis, storage, retrieval, and transfer of data and records; and
(E) records management for access and eligibility determinations;
(2) the elimination or reduction, if possible, of the use of databases and information sources that cannot be accessed and processed automatically electronically, or modification of such databases and information sources, to enable electronic access and processing;
(3) the use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations;
(4) the standardization of forms used for routine reporting required of cleared personnel (such as travel, foreign contacts, and financial disclosures) and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events;
(5) the establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof;
(6) using digitally processed fingerprints, as a substitute for ink or paper prints, to reduce error rates and improve portability of data;
(7) expanding the use of technology to improve an applicant's ability to discover the status of a pending security clearance application or reinvestigation; and
(8) using government and publicly available commercial data sources, including social media, that provide independent information pertinent to adjudication guidelines to improve quality and timeliness, and reduce costs, of investigations and reinvestigations.
(c) Report to Congress- Not later than 6 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on the analysis required by subsection (a).
SEC. 504. REPORT ON RECIPROCITY OF SECURITY CLEARANCES.
The head of the entity selected pursuant to section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(b)) shall submit to the appropriate committees of Congress a report each year through 2017 that describes for the preceding year--
(1) the periods of time required by authorized adjudicative agencies for accepting background investigations and determinations completed by an authorized investigative entity or authorized adjudicative agency;
(2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is accepted by another agency;
(3) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is not accepted by another agency; and
(4) such other information or recommendations as the head of the entity selected pursuant to such section 3001(b) considers appropriate.
SEC. 505. IMPROVING THE PERIODIC REINVESTIGATION PROCESS.
(a) In General- Not later than 180 days after the date of the enactment of this Act, and annually thereafter until December 31, 2017, the Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall transmit to the appropriate committees of Congress a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program.
(b) Contents- The plan required by subsection (a) shall include--
(1) an analysis of the costs and benefits associated with conducting periodic reinvestigations;
(2) an analysis of the costs and benefits associated with replacing some or all periodic reinvestigations with a program of continuous evaluation;
(3) a determination of how many risk-based and ad hoc periodic reinvestigations are necessary on an annual basis for each component of the Federal Government with employees with security clearances;
(4) an analysis of the potential benefits of expanding the Government's use of continuous evaluation tools as a means of improving the effectiveness and efficiency of procedures for confirming the eligibility of personnel for continued access to classified information; and
(5) an analysis of how many personnel with out-of-scope background investigations are employed by, or contracted or detailed to, each element of the intelligence community.
(c) Periodic Reinvestigations Defined- In this section, the term `periodic reinvestigations' has the meaning given that term in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)).
SEC. 506. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this title, the term `appropriate committees of Congress' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(3) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.
TITLE VI--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS
SEC. 601. PROTECTION OF INTELLIGENCE COMMUNITY WHISTLEBLOWERS.
(a) In General- Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end the following new section:
`SEC. 1104. PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE COMMUNITY.
`(a) Definitions- In this section:
`(1) AGENCY- The term `agency' means an executive department or independent establishment, as defined under sections 101 and 104 of title 5, United States Code, that contains an intelligence community element, except the Federal Bureau of Investigation.
`(2) COVERED INTELLIGENCE COMMUNITY ELEMENT- The term `covered intelligence community element'--
`(A) means--
`(i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and
`(ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and
`(B) does not include the Federal Bureau of Investigation.
`(3) PERSONNEL ACTION- The term `personnel action' means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character)--
`(A) an appointment;
`(B) a promotion;
`(C) a disciplinary or corrective action;
`(D) a detail, transfer, or reassignment;
`(E) a demotion, suspension, or termination;
`(F) a reinstatement or restoration;
`(G) a performance evaluation;
`(H) a decision concerning pay, benefits, or awards;
`(I) a decision concerning education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation; or
`(J) any other significant change in duties, responsibilities, or working conditions.
`(b) In General- Any employee of an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to any employee of a covered intelligence community element as a reprisal for a lawful disclosure of information by the employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, the head of the employing agency (or an employee designated by the head of that agency for such purpose), the appropriate inspector general of the employing agency, a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably believes evidences--
`(1) a violation of any Federal law, rule, or regulation; or
`(2) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
`(c) Enforcement- The President shall provide for the enforcement of this section.
`(d) Existing Rights Preserved- Nothing in this section shall be construed to--
`(1) preempt or preclude any employee, or applicant for employment, at the Federal Bureau of Investigation from exercising rights provided under any other law, rule, or regulation, including section 2303 of title 5, United States Code; or
`(2) repeal section 2303 of title 5, United States Code.'.
(b) Table of Contents Amendment- The table of contents in the first section of the National Security Act of 1947 is amended by adding at the end the following new item:
Continue reading - S 1681 Intelligence Authorization Act for Fiscal Year 2014 Part 5
Join the conversation and post your thoughts in the comments!
Read the 1461 Comment Guidelines.
1461 has reaches 1.4 Million People and growing!
Join our Facebook page by clicking here!
No comments:
Post a Comment
Welcome to the 1461. Join the conversation.
If this is your first visit - read the Comment Guidelines
Remember you have a Constitutionally protected right to anonymous political free speech, not a free pass to be an ass.