TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.
SEC. 303. SPECIFIC AUTHORIZATION OF FUNDING FOR HIGH PERFORMANCE COMPUTING CENTER 2.
Funds appropriated for the construction of the High Performance Computing Center 2 (HPCC 2), as described in the table entitled Consolidated Cryptologic Program (CCP) in the classified annex to accompany the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 198), in excess of the amount specified for such activity in the tables in the classified annex prepared to accompany the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112-277; 126 Stat. 2468) shall be specifically authorized by Congress for the purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094).
SEC. 304. CLARIFICATION OF EXEMPTION FROM FREEDOM OF INFORMATION ACT OF IDENTITIES OF EMPLOYEES SUBMITTING COMPLAINTS TO THE INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
Section 103H(g)(3)(A) of the National Security Act of 1947 (50 U.S.C. 3033(g)(3)(A)) is amended by striking `undertaken;' and inserting `undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act');'.
SEC. 305. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY.
(a) Functional Managers Authorized- Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by inserting after section 103I the following new section:
`SEC. 103J. FUNCTIONAL MANAGERS FOR THE INTELLIGENCE COMMUNITY.
`(a) Functional Managers Authorized- The Director of National Intelligence may establish within the intelligence community one or more positions of manager of an intelligence function. Any position so established may be known as the `Functional Manager' of the intelligence function concerned.
`(b) Personnel- The Director shall designate individuals to serve as manager of intelligence functions established under subsection (a) from among officers and employees of elements of the intelligence community.
`(c) Duties- Each manager of an intelligence function established under subsection (a) shall have the duties as follows:
`(1) To act as principal advisor to the Director on the intelligence function.
`(2) To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section.'.
(b) Table of Contents Amendment- The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 103I the following new item:
`Sec. 103J. Functional managers for the intelligence community.'.
SEC. 306. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY PERFORMANCE BY FUNCTION.
(a) Annual Assessments Required- Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by inserting after section 506I the following new section:
`SEC. 506J. ANNUAL ASSESSMENT OF INTELLIGENCE COMMUNITY PERFORMANCE BY FUNCTION.
`(a) In General- Not later than April 1, 2016, and each year thereafter, the Director of National Intelligence shall, in consultation with the Functional Managers, submit to the congressional intelligence committees a report on covered intelligence functions during the preceding year.
`(b) Elements- Each report under subsection (a) shall include for each covered intelligence function for the year covered by such report the following:
`(1) An identification of the capabilities, programs, and activities of such intelligence function, regardless of the element of the intelligence community that carried out such capabilities, programs, and activities.
`(2) A description of the investment and allocation of resources for such intelligence function, including an analysis of the allocation of resources within the context of the National Intelligence Strategy, priorities for recipients of resources, and areas of risk.
`(3) A description and assessment of the performance of such intelligence function.
`(4) An identification of any issues related to the application of technical interoperability standards in the capabilities, programs, and activities of such intelligence function.
`(5) An identification of the operational overlap or need for de-confliction, if any, within such intelligence function.
`(6) A description of any efforts to integrate such intelligence function with other intelligence disciplines as part of an integrated intelligence enterprise.
`(7) A description of any efforts to establish consistency in tradecraft and training within such intelligence function.
`(8) A description and assessment of developments in technology that bear on the future of such intelligence function.
`(9) Such other matters relating to such intelligence function as the Director may specify for purposes of this section.
`(c) Definitions- In this section:
`(1) The term `covered intelligence functions' means each intelligence function for which a Functional Manager has been established under section 103J during the year covered by a report under this section.
`(2) The term `Functional Manager' means the manager of an intelligence function established under section 103J.'.
(b) Table of Contents Amendment- The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 506I the following new item:
`Sec.506J. Annual assessment of intelligence community performance by function.'.
SEC. 307. SOFTWARE LICENSING.
(a) In General- Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by inserting after section 108 the following new section:
`SEC. 109. SOFTWARE LICENSING.
`(a) Requirement for Inventories of Software Licenses- The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall biennially--
`(1) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses;
`(2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage; and
`(3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2).
`(b) Inventories by the Chief Information Officer of the Intelligence Community- The Chief Information Officer of the Intelligence Community, based on the inventories and assessments required by subsection (a), shall biennially--
`(1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses; and
`(2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage.
`(c) Reports to Congress- The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1).'.
(b) Initial Inventory-
(1) INTELLIGENCE COMMUNITY ELEMENTS-
(A) DATE- Not later than 120 days after the date of the enactment of this Act, the chief information officer of each element of the intelligence community shall complete the initial inventory, assessment, and submission required under section 109(a) of the National Security Act of 1947, as added by subsection (a) of this section.
(B) BASIS- The initial inventory conducted for each element of the intelligence community under section 109(a)(1) of the National Security Act of 1947, as added by subsection (a) of this section, shall be based on the inventory of software licenses conducted pursuant to section 305 of the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112-277; 126 Stat. 2472) for such element.
(2) CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY- Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Intelligence Community shall complete the initial compilation and assessment required under section 109(b) of the National Security Act of 1947, as added by subsection (a).
(c) Table of Contents Amendments- The table of contents in the first section of the National Security Act of 1947 is amended--
(1) by striking the second item relating to section 104 (relating to Annual national security strategy report); and
(2) inserting after the item relating to section 108 the following new item:
`Sec. 109. Software licensing.'.
SEC. 308. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC DISCLOSURES OF COVERT ACTIONS.
Section 503 of the National Security Act of 1947 (50 U.S.C. 3093) is amended by adding at the end the following new subsection:
`(h) For each type of activity undertaken as part of a covert action, the President shall establish in writing a plan to respond to the unauthorized public disclosure of that type of activity.'.
SEC. 309. AUDITABILITY.
(a) In General- Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end the following new section:
`SEC. 509. AUDITABILITY OF CERTAIN ELEMENTS OF THE INTELLIGENCE COMMUNITY.
`(a) Requirement for Annual Audits- The head of each covered entity shall ensure that there is a full financial audit of such covered entity each year beginning with fiscal year 2014. Such audits may be conducted by an internal or external independent accounting or auditing organization.
`(b) Requirement for Unqualified Opinion- Beginning as early as practicable, but in no event later than the audit required under subsection (a) for fiscal year 2016, the head of each covered entity shall take all reasonable steps necessary to ensure that each audit required under subsection (a) contains an unqualified opinion on the financial statements of such covered entity for the fiscal year covered by such audit.
`(c) Reports to Congress- The chief financial officer of each covered entity shall provide to the congressional intelligence committees an annual audit report from an accounting or auditing organization on each audit of the covered entity conducted pursuant to subsection (a).
`(d) Covered Entity Defined- In this section, the term `covered entity' means the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency.'.
(b) Table of Contents Amendment- The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 508 the following new item:
`Sec. 509. Auditability of certain elements of the intelligence community.'.
SEC. 310. REPORTS OF FRAUD, WASTE, AND ABUSE.
Section 8H(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended in paragraph (1)--
(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
(2) by inserting after subparagraph (A) the following:
`(B) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General of the Intelligence Community.'; and
(3) in subparagraph (D), as redesignated by paragraph (1)--
(A) by striking `Act or section 17' and inserting `Act, section 17'; and
(B) by striking the period at the end and inserting `, or section 103H(k) of the National Security Act of 1947 (50 U.S.C. 3033(k)).'.
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. 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 later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall--
(1) in the manner described in the classified annex to this Act--
(A) complete a declassification review of documents collected in Abbottabad, Pakistan, during the mission that killed Osama bin Laden on May 1, 2011; and
(B) make publicly available any information declassified as a result of the declassification review required under paragraph (1); and
(2) report to the congressional intelligence committees--
(A) the results of the declassification review required under paragraph (1); and
(B) a justification for not declassifying any information required to be included in such declassification review that remains classified.
SEC. 314. MERGER OF THE FOREIGN COUNTERINTELLIGENCE PROGRAM AND THE GENERAL DEFENSE INTELLIGENCE PROGRAM.
Notwithstanding any other provision of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act. The merger shall go into effect no earlier than 30 days after written notification of the merger is provided to the congressional intelligence committees.
Subtitle B--Reporting
SEC. 321. 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:
`SEC. 510. SIGNIFICANT INTERPRETATIONS OF LAW CONCERNING INTELLIGENCE ACTIVITIES.
`(a) 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) 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. REVIEW FOR OFFICIAL PUBLICATION OF OPINIONS OF THE OFFICE OF LEGAL COUNSEL OF THE DEPARTMENT OF JUSTICE CONCERNING INTELLIGENCE ACTIVITIES.
(a) 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.
(5) Such other factors as the Attorney General and the Director of National Intelligence consider appropriate.
(c) 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) 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. SUBMITTAL TO CONGRESS BY HEADS OF ELEMENTS OF INTELLIGENCE COMMUNITY OF PLANS FOR ORDERLY SHUTDOWN IN EVENT OF ABSENCE OF APPROPRIATIONS.
(a) In General- Whenever the head of an applicable agency submits a plan to the Director of the Office of Management and Budget in accordance with section 124 of Office of Management and Budget Circular A-11, pertaining to agency operations in the absence of appropriations, or any successor circular of the Office that requires the head of an applicable agency to submit to the Director a plan for an orderly shutdown in the event of the absence of appropriations, such head shall submit a copy of such plan to the following:
(1) The congressional intelligence committees.
(2) The Subcommittee on Defense of the Committee on Appropriations of the Senate.
(3) The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(4) In the case of a plan for an element of the intelligence community that is within the Department of Defense, to--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of Representatives.
(b) Head of an Applicable Agency Defined- In this section, the term `head of an applicable agency' includes the following:
(1) The Director of National Intelligence.
(2) The Director of the Central Intelligence Agency.
(3) Each head of each element of the intelligence community that is within the Department of Defense.
SEC. 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. REPORTS TO THE INTELLIGENCE COMMUNITY ON PENETRATIONS OF NETWORKS AND INFORMATION SYSTEMS OF CERTAIN CONTRACTORS.
(a) Procedures for Reporting Penetrations- The Director of National Intelligence shall establish procedures that require each cleared intelligence contractor to report to an element of the intelligence community designated by the Director for purposes of such procedures when a network or information system of such contractor that meets the criteria established pursuant to subsection (b) is successfully penetrated.
(b) Networks and Information Systems Subject to Reporting- The Director of National Intelligence shall, in consultation with appropriate officials, establish criteria for covered networks to be subject to the procedures for reporting system penetrations under subsection (a).
(c) Procedure Requirements-
(1) RAPID REPORTING- The procedures established pursuant to subsection (a) shall require each cleared intelligence contractor to rapidly report to an element of the intelligence community designated pursuant to subsection (a) of each successful penetration of the network or information systems of such contractor that meet the criteria established pursuant to subsection (b).
Continue reading - S 1681 Intelligence Authorization Act for Fiscal Year 2014 Part 3
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