Pending Legislation: S 1681 – Intelligence Authorization Act for Fiscal Year 2014 (Part 3)

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).

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(3) LIMITATION ON DISSEMINATION OF CERTAIN INFORMATION- The procedures established pursuant to subsection (a) shall prohibit the dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community except--
(A) with the approval of the contractor providing such information;
(B) to the congressional intelligence committees or the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate for such committees and such Subcommittees to perform oversight; or
(C) to law enforcement agencies to investigate a penetration reported under this section.
(d) Issuance of Procedures and Establishment of Criteria-
(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall establish the procedures required under subsection (a) and the criteria required under subsection (b).
(2) APPLICABILITY DATE- The requirements of this section shall apply on the date on which the Director of National Intelligence establishes the procedures required under this section.
(e) Coordination With the Secretary of Defense To Prevent Duplicate Reporting- Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall establish procedures to permit a contractor that is a cleared intelligence contractor and a cleared defense contractor under section 941 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2224 note) to submit a single report that satisfies the requirements of this section and such section 941 for an incident of penetration of network or information system.
(f) Definitions- In this section:
(1) CLEARED INTELLIGENCE CONTRACTOR- The term `cleared intelligence contractor' means a private entity granted clearance by the Director of National Intelligence or the head of an element of the intelligence community to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of an element of the intelligence community.
(2) COVERED NETWORK- The term `covered network' means a network or information system of a cleared intelligence contractor that contains or processes information created by or for an element of the intelligence community with respect to which such contractor is required to apply enhanced protection.
(g) Savings Clauses- Nothing in this section shall be construed to alter or limit any otherwise authorized access by government personnel to networks or information systems owned or operated by a contractor that processes or stores government data.

SEC. 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. 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.

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. 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 (CFE) of November 19, 1990, adopted at Vienna May 31, 1996 (Treaty Doc. 105-5) (commonly referred to as the `CFE Flank Document'), 105th Congress, agreed to May 14, 1997, is repealed.
(b) Modification of Reporting Requirements-
(1) INTELLIGENCE ADVISORY COMMITTEES- Section 410(b) of the Intelligence Authorization Act for Fiscal Year 2010 (50 U.S.C. 3309) is amended to read as follows:
`(b) Notification of Establishment of Advisory Committee- The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates an advisory committee. Each notification shall include--
`(1) a description of such advisory committee, including the subject matter of such committee;
`(2) a list of members of such advisory committee; and
`(3) in the case of an advisory committee created by the Director of National Intelligence, the reasons for a determination by the Director under section 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act.'.
(2) INTELLIGENCE INFORMATION SHARING- Section 102A(g)(4) of the National Security Act of 1947 (50 U.S.C. 3024(g)(4)) is amended to read as follows:
`(4) The Director of National Intelligence shall, in a timely manner, report to Congress any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively ensure maximum availability of access to intelligence information within the intelligence community consistent with the protection of the national security of the United States.'.
(3) INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION- Section 506D(j) of the National Security Act of 1947 (50 U.S.C. 3100(j)) is amended in the matter preceding paragraph (1) by striking `2015' and inserting `2014'.
(4) ACTIVITIES OF PRIVACY AND CIVIL LIBERTIES OFFICERS- Section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended in the matter preceding subparagraph (A) by striking `quarterly' and inserting `semiannually'.
(c) Conforming Amendments- The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
(1) in the table of contents in the first section, by striking the item relating to section 114 and inserting the following new item:
`Sec. 114. Annual report on hiring and retention of minority employees.';
(2) in section 114 (50 U.S.C. 3050)--
(A) by amending the heading to read as follows: `annual report on hiring and retention of minority employees';
(B) by striking `(a) ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES- ';
(C) by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively;
(D) in subsection (b) (as so redesignated)--
(i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and
(ii) in paragraph (2) (as so redesignated)--
(I) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(II) in the matter preceding subparagraph (A) (as so redesignated), by striking `clauses (i) and (ii)' and inserting `subparagraphs (A) and (B)';
(E) in subsection (d) (as redesignated by subparagraph (C) of this paragraph), by striking `subsection' and inserting `section'; and
(F) in subsection (e) (as redesignated by subparagraph (C) of this paragraph)--
(i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and
(ii) by striking `subsection,' and inserting `section'; and
(3) in section 507 (50 U.S.C. 3106)--
(A) in subsection (a)--
(i) by striking `(1) The date' and inserting `The date';
(ii) by striking `subsection (c)(1)(A)' and inserting `subsection (c)(1)';
(iii) by striking paragraph (2); and
(iv) by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6), respectively;
(B) in subsection (c)(1)--
(i) by striking `(A) Except' and inserting `Except'; and
(ii) by striking subparagraph (B); and
(C) in subsection (d)(1)--
(i) in subparagraph (A)--
(I) by striking `subsection (a)(1)' and inserting `subsection (a)'; and
(II) by inserting `and' after `March 1;';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph (B).

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

Subtitle A--National Security Agency


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

(a) Director of the National Security Agency- Section 2 of the National Security Agency Act of 1959 (50 U.S.C. 3602) is amended--
(1) by inserting `(b)' before `There'; and
(2) by inserting before subsection (b), as so designated by paragraph (1), the following:
`(a)(1) There is a Director of the National Security Agency.
`(2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate.
`(3) The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this Act or otherwise by law or executive order.'.
(b) Position of Importance and Responsibility-
(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. 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) 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 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. 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) 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:

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