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Bill
Notes

H.R. 3381 — what changed

Intelligence Authorization Act for Fiscal Year 2014

From Introduced in House to Reported in House. 3 sections amended and 13 added between Introduced in House and Reported in House.

Section 1 Short title; table of contents

(a)
added Short title— This Act may be cited as the “Intelligence Authorization Act for Fiscal Year 2014”.
(b)
added Table of contents— The table of contents for this Act is as follows:

removed This Act may be cited as the “Intelligence Authorization Act for Fiscal Year 2014”.

Sec. 2 Definitions

added

added In this Act:

(1)
added Congressional intelligence committees— The term “congressional intelligence committees” means—
(A)
added the Select Committee on Intelligence of the Senate; and
(B)
added the Permanent Select Committee on Intelligence of the House of Representatives.
(2)
added 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)).

Sec. 102 Classified Schedule of Authorizations

(a)
changed 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 H.R. __ 3381 of the One Hundred Thirteenth Congress.
(b)
Availability of classified Schedule of Authorizations—
(1)
Availability to committees of Congress— 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.

Sec. 104 Intelligence Community Management Account

(a)
changed 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 $__________. $600,874,157. 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)
changed Authorized personnel levels— The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized __ 837 full-time or full-time equivalent personnel as of September 30, 2014. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government.
(c)
Classified authorizations—
(1)
Authorization of appropriations— In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2014 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2015.
(2)
Authorization of personnel— In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2014, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a).

Sec. 303 Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information

added

added Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 3024(j)) is amended—

(1)
added in the heading, by striking “Sensitive Compartmented Information” and inserting “Classified Information”;
(2)
added in paragraph (3), by striking “; and” and inserting a semicolon;
(3)
added in paragraph (4), by striking the period and inserting a semicolon; and
(4)
added by adding at the end the following new paragraphs:

added “(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

added “(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. 304 Requirements for intelligence community contractors

added
(a)
added 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:

added “(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—

added “(1) ensure that—

added “(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

added “(B) each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards;

added “(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

added “(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)
added 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. 305 Repeal or modification of certain reporting requirements

added
(a)
added Repeal of report on the 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).
(b)
added Modification of reporting requirements—
(1)
added 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:

added “(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—

added “(1) a description of such advisory committee, including the subject matter of such committee;

added “(2) a list of members of such advisory committee; and

added “(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)
added 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:

added “(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.”

(c)
added Conforming amendments— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
(1)
added in the table of contents in the first section, by striking the item relating to section 114 and inserting the following new item:
(2)
added in section 114 (50 U.S.C. 3050)—
(A)
added by amending the heading to read as follows: “Annual report on hiring and retention of minority employees”;
(B)
added by striking “(a) Annual Report on Hiring and Retention of Minority Employees.—”;
(C)
added by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively;
(D)
added in subsection (b) (as so redesignated)—
(i)
added by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and
(ii)
added in paragraph (2) (as so redesignated)—
(I)
added by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(II)
added in the matter preceding subparagraph (A) (as so redesignated), by striking “clauses (i) and (ii)” and inserting “subparagraphs (A) and (B)”; and
(E)
added in subsection (e) (as redesignated by subparagraph (C) of this paragraph), by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and
(3)
added in section 507 (50 U.S.C. 3106)—
(A)
added in subsection (a)—
(i)
added by striking “(1) The date” and inserting “The date”;
(ii)
added by striking “subsection (c)(1)(A)” and inserting “subsection (c)(1)”;
(iii)
added by striking paragraph (2); and
(iv)
added by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6), respectively;
(B)
added in subsection (c)(1)—
(i)
added by striking “(A) Except” and inserting “Except”; and
(ii)
added by striking subparagraph (B); and
(C)
added in subsection (d)(1)—
(i)
added in subparagraph (A)—
(I)
added by striking “subsection (a)(1)” and inserting “subsection (a)”; and
(II)
added by inserting “and” after “March 1;”;
(ii)
added by striking subparagraph (B); and
(iii)
added by redesignating subparagraph (C) as subparagraph (B).

Sec. 306 Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community

added

added Section 103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 3033(g)(3)) is amended—

(1)
added in subparagraph (A), by striking “; and” and inserting a semicolon;
(2)
added by redesignating subparagraph (B) as subparagraph (C); and
(3)
added by inserting after subparagraph (A), the following new subparagraph:

added “(B) the identity of the employee shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), in accordance with subsection (b)(3) of such section; and”

Sec. 307 Plans to respond to unauthorized public disclosures of covert actions

added

added 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:

added “(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. 308 Official representation items in support of the Coast Guard Attaché Program

added

added 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 the operation and maintenance of the Coast Guard for official representation items in support of the Coast Guard Attaché Program.

Sec. 309 Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1, 2011

added

added Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall—

(1)
added in the manner described in the classified annex to this Act, complete a declassification review of documents collected in Abbottabad, Pakistan, during the mission that killed Osama bin Laden on May 1, 2011;
(2)
added make publicly available any information declassified as a result of the declassification review required under paragraph (1); and
(3)
added report to the congressional intelligence committees—
(A)
added the results of the declassification review required under paragraph (1); and
(B)
added a justification for not declassifying any information required to be included in such declassification review that remains classified.

Sec. 310 Report on electronic waste

added
(a)
added 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)
added Definitions— In this section:
(1)
added 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)
added 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. 311 Plan to encourage and promote cybersecurity and computer literacy among students

added
(a)
added Plan— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a plan to establish a national program to conduct competitions and challenges and to offer internships at elements of the intelligence community to promote cybersecurity and computer literacy among students attending high schools or institutions of higher education in the United States. Such plan shall include cost estimates for carrying out the plan and strategies for conducting expedited security clearance investigations and adjudications for purposes of offering such internships.
(b)
added Consideration of existing programs— In developing the plan under subsection (a), the Director shall take into consideration and leverage 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)
added Definitions— In this section:
(1)
added High school— The term “high school” mean a school that awards a secondary school diploma.
(2)
added 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)
added 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. 401 Technical amendments to the Central Intelligence Agency Act of 1949

added

added Section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3521) is amended—

(1)
added in subsection (b)(1)(D), by striking “section (a)” and inserting “subsection (a)”; and
(2)
added in subsection (c)(2)(E), by striking “provider.” and inserting “provider”.

Sec. 402 Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions

added

added Section 101(a) of the National Security Act of 1947 (50 U.S.C. 3021(a)) is amended—

(1)
added in paragraph (5), by striking the semicolon and inserting “; and”;
(2)
added by striking paragraphs (6) and (7);
(3)
added by redesignating paragraph (8) as paragraph (6); and
(4)
added in paragraph (6) (as so redesignated), by striking “the Chairman of the Munitions Board, and the Chairman of the Research and Development Board,”.

Sec. 403 Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013

added
(a)
added Amendment— Section 506 of the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112–277; 126 Stat. 2478) is amended—
(1)
added by striking “Section 606(5)” and inserting “Paragraph (5) of section 605”; and
(2)
added by inserting “, as redesignated by section 310(a)(4)(B) of this Act,” before “is amended”.
(b)
added 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).