S. 1681 — what changed

removed “(1) to be in support of intelligence activities abroad hazardous to life or health; or

removed “(2) to be so specialized because of security requirements as to be clearly distinguishable from normal government employment.”

changed The authorization of appropriations Appropriations authorized by this Act shall not for salary, pay, retirement, and other benefits for Federal employees may be deemed to constitute authority increased by such additional or supplemental amounts as may be necessary for the conduct of any intelligence activity which is not otherwise increases in such compensation or benefits authorized by the Constitution or the laws of the United States.law.

changed Appropriations authorized The authorization of appropriations by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may shall not be necessary deemed to constitute authority for increases in such compensation or benefits the conduct of any intelligence activity which is not otherwise authorized by law.the Constitution or the laws of the United States.

changed Section 103H(g)(3)(A) of Funds appropriated for the National Security Act construction of 1947 (50 U.S.C. 3033(g)(3)(A)) is amended by striking “undertaken;” and inserting “undertaken, and this provision shall qualify the High Performance Computing Center 2 (HPCC 2), as a withholding statute pursuant described in the table entitled Consolidated Cryptologic Program (CCP) in the classified annex to subsection (b)(3) 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 552 504 of title 5, United States Code (commonly known as the “Freedom National Security Act of Information Act”);”.1947 (50 U.S.C. 3094).

added 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”);”.

added “103J. Functional managers for the intelligence community

added “(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.

added “(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.

added “(c) Duties—Each manager of an intelligence function established under subsection (a) shall have the duties as follows:

added “(1) To act as principal advisor to the Director on the intelligence function.

added “(2) To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section.”

added “506J. Annual assessment of intelligence community performance by function

added “(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.

added “(b) Elements—Each report under subsection (a) shall include for each covered intelligence function for the year covered by such report the following:

added “(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.

added “(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.

added “(3) A description and assessment of the performance of such intelligence function.

added “(4) An identification of any issues related to the application of technical interoperability standards in the capabilities, programs, and activities of such intelligence function.

added “(5) An identification of the operational overlap or need for de-confliction, if any, within such intelligence function.

added “(6) A description of any efforts to integrate such intelligence function with other intelligence disciplines as part of an integrated intelligence enterprise.

added “(7) A description of any efforts to establish consistency in tradecraft and training within such intelligence function.

added “(8) A description and assessment of developments in technology that bear on the future of such intelligence function.

added “(9) Such other matters relating to such intelligence function as the Director may specify for purposes of this section.

added “(c) Definitions—In this section:

added “(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.

added “(2) The term Functional Manager means the manager of an intelligence function established under section 103J.”

added “109. Software licensing

added “(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—

added “(1) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses;

added “(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

added “(3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2).

added “(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—

added “(1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses; and

added “(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.

added “(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).”

removed 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.”.

changed Section 8H(a) 503 of the Inspector General National Security Act of 1978 (5 1947 (50 U.S.C. App.) 3093) is amended in paragraph (1)—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.”

removed “(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.”

added 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.”.

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 intelligence analysis and operations coordination activities for official representation items in support of the Coast Guard Attaché Program.

added “510. Significant interpretations of law concerning intelligence activities

added “(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.

added “(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.

added “(c) Exceptions—A notification under subsection (a) shall not be required for a significant legal interpretation if—

added “(1) notice of the significant legal interpretation was previously provided to the congressional intelligence committees under subsection (a); or

added “(2) the significant legal interpretation was made before the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014.

added “(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).”

removed “114. Annual report on hiring and retention of minority employees

removed “(a) Requirement for report—The Director of National Intelligence shall, on an annual basis, submit to Congress a report on the employment of covered persons within each element of the intelligence community for the preceding fiscal year.

removed “(b) Content—Each such report shall include disaggregated data by category of covered person from each element of the intelligence community on the following:

removed “(1) Of all individuals employed in the element during the fiscal year involved, the aggregate percentage of such individuals who are covered persons.

removed “(2) Of all individuals employed in the element during the fiscal year involved at the levels referred to in subparagraphs (A) and (B), the percentage of covered persons employed at such levels:

removed “(A) Positions at levels 1 through 15 of the General Schedule.

removed “(B) Positions at levels above GS–15.

removed “(3) Of all individuals hired by the element involved during the fiscal year involved, the percentage of such individuals who are covered persons.

removed “(c) Form of report—Each such report shall be submitted in unclassified form, but may contain a classified annex.

removed “(d) Construction—Nothing in this section shall be construed as providing for the substitution of any similar report required under another provision of law.

removed “(e) Covered persons defined—In this section, the term covered persons means—

removed “(1) racial and ethnic minorities;

removed “(2) women; and

removed “(3) individuals with disabilities.”

removed “(b) Notification of establishments 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 such Director creates an advisory committee. Each notification shall include—

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

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

removed “(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.”

removed “(4) Waivers of conditions for disqualification for security clearances

removed “(A) Notification—The head of a Federal agency shall notify the appropriate committees of Congress if such agency employs or employed a person for whom a waiver was granted in accordance with paragraph (2) within 15 days of granting such waiver. Such notification shall not reveal the identity of such person, but shall include the disqualifying factor under paragraph (1) and the reasons for the waiver of the disqualifying factor.

removed “(B) Definitions—In this paragraph:

removed “(i) Appropriate committees of Congress—The term appropriate committees of Congress means, with respect to a notification submitted under subparagraph (A) by the head of a Federal agency—

removed “(I) the congressional defense committees;

removed “(II) the congressional intelligence committees;

removed “(III) the Committee on Homeland Security and Governmental Affairs of the Senate;

removed “(IV) the Committee on Oversight and Government Reform of the House of Representatives; and

removed “(V) each Committee of the Senate or the House of Representatives with oversight authority over such Federal agency.

removed “(ii) Congressional defense committees—The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

removed “(iii) Congressional intelligence committees—The term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”

“(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.”

added The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

“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.

changed “(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.order.”

removed “(d) Position of importance and responsibility—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.”

added The Inspector General Act of 1978 (5 U.S.C. App.)—

changed In this title, Section 102A(j) of the term appropriate committees National Security Act of Congress means—1947 (50 U.S.C. 3024(j)) is amended—

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.”

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.”

removed Section 3001(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(d)) is amended by adding at the end the following:

removed “(7)

removed “(A) No agency may reject another agency's determination that an individual is eligible for access to classified information on the basis that such eligibility determination is out-of-scope, unless the head of the entity selected pursuant to subsection (b) certifies to the appropriate committees of Congress that the rejecting agency does not employ any personnel who have background investigations that are out-of-scope.

removed “(B) In this paragraph, the term “out-of-scope” means a background investigation or reinvestigation that is more than—

removed “(i) 7 years old in the case of a top secret clearance;

removed “(ii) 10 years old in the case of a secret clearance; or

removed “(iii) 15 years old in the case of a confidential clearance.

removed “(8) All personnel who have been determined to be eligible for access to classified information shall be presumed to be suitable for employment, unless and until the head of an agency determines on a case-by-case basis that an individual is not suitable for employment, in which case the individual shall be notified of such suitability determination in writing within 15 days.”

changed “2303A. “1104. Prohibited personnel practices in the intelligence community

“(a) Definitions—In this section:

changed “(1) Agency—The term agency means an executive department or independent establishment, as defined under sections 101 and 104, 104 of title 5, United States Code, that contains an intelligence community element, except the Federal Bureau of Investigation.

changed “(2) Congressional Covered intelligence committees—The community element—The term “congressional covered intelligence committees” means—community element—

removed “(A) the Select Committee on Intelligence of the Senate; and

removed “(B) the Permanent Select Committee on Intelligence of the House of Representatives.

removed “(3) Intelligence community element—The term 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

added “(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

added “(B) does not include the Federal Bureau of Investigation.

added “(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)—

changed “(ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and“(A) an appointment;

changed “(B) does not include the Federal Bureau of Investigation; anda promotion;

changed “(4) Personnel action—The term personnel action means any action described in clauses (i) through (x) of section 2302(a)(2)(A) with respect to an employee in a position in an intelligence community element (other than a position of “(C) a confidential, policy-determining, policymaking, disciplinary or policy-advocating character).corrective action;

changed “(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 an intelligence community element as a reprisal for a 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, “(D) a congressional intelligence committee, detail, transfer, or a member of a congressional intelligence committee, which the employee reasonably believes evidences—reassignment;

changed “(1) “(E) a violation of any law, rule, demotion, suspension, or regulation; ortermination;

added “(F) a reinstatement or restoration;

added “(G) a performance evaluation;

added “(H) a decision concerning pay, benefits, or awards;

added “(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

added “(J) any other significant change in duties, responsibilities, or working conditions.

added “(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—

added “(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.

added “(c) Enforcement—The President shall provide for the enforcement of this section.

removed “(c) Enforcement—The President shall provide for the enforcement of this section in a manner consistent with applicable provisions of sections 1214 and 1221.

“(d) Existing rights preserved—Nothing in this section shall be construed to—

added “(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

added “(2) repeal section 2303 of title 5, United States Code.”

removed “(1) preempt or preclude any employee, or applicant for employment, at the Federal Bureau of Investigation from exercising rights currently provided under any other law, rule, or regulation, including section 2303;

removed “(2) repeal section 2303; or

removed “(3) provide the President or Director of National Intelligence the authority to revise regulations related to section 2303, codified in part 27 of the Code of Federal Regulations.”

“(7) not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014—

added “(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

added “(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.”

removed “(A) developing policies and procedures that permit, to the extent practicable, individuals who in good faith appeal a determination to suspend or revoke a security clearance or access to classified information to retain their government employment status while such challenge is pending; and

removed “(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 provision of a right 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 certifies that a longer suspension is needed before a final decision on denial or revocation to prevent imminent harm to the national security.

removed “Any limitation period applicable to an agency appeal under paragraph (7) shall be tolled until the head of the agency (or in the case of any component of the Department of Defense, the Secretary of Defense) determines, with the concurrence of the Director of National Intelligence, that the policies and procedures described in paragraph (7) have been established for the agency or the Director of National Intelligence promulgates the policies and procedures under paragraph (7). The policies and procedures for appeals developed under paragraph (7) shall be comparable to the policies and procedures pertaining to prohibited personnel practices defined under section 2302(b)(8) of title 5, United States Code, and provide—

removed “(A) for an independent and impartial fact-finder;

removed “(B) for notice and the opportunity to be heard, including the opportunity to present relevant evidence, including witness testimony;

removed “(C) that the employee or former employee may be represented by counsel;

removed “(D) that the employee or former employee has a right to a decision based on the record developed during the appeal;

removed “(E) that not more than 180 days shall pass from the filing of the appeal to the report of the impartial fact-finder to the agency head or the designee of the agency head, unless—

removed “(i) the employee and the agency concerned agree to an extension; or

removed “(ii) the impartial fact-finder determines in writing that a greater period of time is required in the interest of fairness or national security;

removed “(F) for the use of information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs in a manner consistent with the interests of national security, including ex parte submissions if the agency determines that the interests of national security so warrant; and

removed “(G) that the employee or former employee shall have no right to compel the production of information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, except evidence necessary to establish that the employee made the disclosure or communication such employee alleges was protected by subparagraphs (A), (B), and (C) of subsection (j)(1).”

“(j) Retaliatory revocation of security clearances and access determinations

changed “(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 because of—in retaliation for—

changed “(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—

changed “(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;

changed “(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—

changed “(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;

changed “(C) any communication 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

changed “(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—affairs, any lawful disclosure in conjunction with—

“(i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;

changed “(ii) testifying testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or

changed “(iii) cooperating cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.

changed “(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;

changed “(iii) of the employee's motive for making the disclosure;disclosure was not made in writing;

changed “(iv) the disclosure was not made in writing;while the employee was off duty; or

changed “(v) of the disclosure was made while amount of time which has passed since the employee was off duty; oroccurrence of the events described in the disclosure.

removed “(vi) 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) 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)).

added “(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.

changed “(B) Corrective action—If, in the course of proceedings authorized under subparagraph (A), it is determined that “(C) Contributing factor—In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall take specific corrective action to return find that paragraph (1) was violated if a disclosure described in paragraph (1) was a contributing factor in the employee adverse security clearance or former employee, as nearly as practicable and reasonable, to access determination taken against the position such employee or former employee individual, unless the agency demonstrates by a preponderance of the evidence that it would have held had taken the violation not occurred. Such corrective same action shall include reasonable attorney's fees and any other reasonable costs incurred, and may include back pay and related benefits, travel expenses, and compensatory damages not in the absence of such disclosure, giving the utmost deference to exceed $300,000.the agency’s assessment of the particular threat to the national security interests of the United States in the instant matter.

removed “(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 (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

added “(A) 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).

changed “(A) Definition—In this paragraph, “(B) Policies and procedures—The Director of National Intelligence, in consultation with the term “Board” means Attorney General and the appellate review board established under section 604(b) Secretary of the Intelligence Authorization Act Defense, shall develop and implement policies and procedures for Fiscal Year 2014.adjudicating the appeals authorized by subparagraph (A).

changed “(B) Appeal—Within 60 days after receiving notice “(C) Congressional notification—Consistent with the protection of sources and methods, at the time the Director of National Intelligence issues an adverse final agency determination under a proceeding under paragraph (4), order regarding an employee or former employee may appeal that determination pursuant to the Board.policies and procedures established by this paragraph, the Director of National Intelligence shall notify the congressional intelligence committees.

removed “(C) Policies and procedures—The Board, in consultation with the Attorney General, Director of National Intelligence, and the Secretary of Defense, shall develop and implement policies and procedures for adjudicating the appeals authorized by subparagraph (B). The Director of National Intelligence and Secretary of Defense shall jointly approve any rules, regulations, or guidance issued by the Board concerning the procedures for the use or handling of classified information.

removed “(D) Review—The Board’s review shall be on the complete agency record, which shall be made available to the Board. The Board may not hear witnesses or admit additional evidence. Any portions of the record that were submitted ex parte during the agency proceedings shall be submitted ex parte to the Board.

removed “(E) Further fact-finding or improper denial—If the Board concludes that further fact-finding is necessary or finds that the agency improperly denied the employee or former employee the opportunity to present evidence that, if admitted, would have a substantial likelihood of altering the outcome, the Board shall remand the matter to the agency from which it originated for additional proceedings in accordance with the rules of procedure issued by the Board.

removed “(F) De novo determination—The Board shall make a de novo determination, based on the entire record and under the standards specified in paragraph (4), of whether the employee or former employee received an adverse security clearance or access determination in violation of paragraph (1). In considering the record, the Board may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact. In doing so, the Board may consider the prior fact-finder’s opportunity to see and hear the witnesses.

removed “(G) Adverse security clearance or access determination—If the Board finds that the adverse security clearance or access determination violated paragraph (1), the Board shall separately determine whether reinstating the security clearance or access determination is clearly consistent with the interests of national security, with any doubt resolved in favor of national security, under Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information) or any successor thereto (including any adjudicative guidelines promulgated under such orders) or any subsequent Executive order, regulation, or policy concerning access to classified information.

removed “(H) Remedies

removed “(i) Corrective action—If the Board finds that the adverse security clearance or access determination violated paragraph (1), the Board shall order the agency head to 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 shall include reasonable attorney's fees and any other reasonable costs incurred, and may include back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000. The Board may recommend, but may not order, reinstatement or hiring of a former employee. The Board may order that the former employee be treated as though the employee were transferring from the most recent position held when seeking other positions within the executive branch. Any corrective action shall not include the reinstating of any security clearance or access determination. The agency head shall take the actions so ordered within 90 days, unless the Director of National Intelligence, the Secretary of Energy, or the Secretary of Defense, in the case of any component of the Department of Defense, determines that doing so would endanger national security.

removed “(ii) Recommended action—If the Board finds that reinstating the employee or former employee's security clearance or access determination is clearly consistent with the interests of national security, the Board shall recommend such action to the head of the entity selected under subsection (b) and the head of the affected agency.

removed “(I) Congressional Notification

removed “(i) Orders—Consistent with the protection of sources and methods, at the time the Board issues an order, the Chairperson of the Board shall notify—

removed “(I) the Committee on Homeland Security and Government Affairs of the Senate;

removed “(II) the Select Committee on Intelligence of the Senate;

removed “(III) the Committee on Oversight and Government Reform of the House of Representatives;

removed “(IV) the Permanent Select Committee on Intelligence of the House of Representatives; and

removed “(V) the committees of the Senate and the House of Representatives that have jurisdiction over the employing agency, including in the case of a final order or decision of the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, or the National Reconnaissance Office, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

removed “(ii) Recommendations—If the agency head and the head of the entity selected under subsection (b) do not follow the Board’s recommendation to reinstate a clearance, the head of the entity selected under subsection (b) shall notify the committees described in subclauses (I) through (V) of clause (i).

“(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

added “(B) action of the appellate review procedures established under paragraph (5).

removed “(B) action of the appellate review board established under section 604(b) of the Intelligence Authorization Act for Fiscal Year 2014.

“(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.”

changed “(9) The 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.”

changed “(2) 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. 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. Each recipient of the Inspector General's transmission shall consult with the members of the appellate review board established under section 604(b) of the Intelligence Authorization Act for Fiscal Year 2014 regarding all transmissions under this paragraph.”transmission.”

changed “(h) An individual who has submitted a complaint or information to an Inspector General under this section may notify any member of Congress the Permanent Select Committee on Intelligence of the House of Representatives or congressional 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.”

changed “(ii) 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. In such a case, the requirements of this subsection for the Director of the Central Intelligence Agency apply to the Director of National Intelligence. The Director of National Intelligence shall consult with the members of the appellate review board established under section 604(b) of the Intelligence Authorization Act for Fiscal Year 2014 regarding all transmissions under this clause.”Intelligence”

changed “(H) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of Congress the Permanent Select Committee on Intelligence of the House of Representatives or congressional 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.”

changed “(I) An individual who has submitted a complaint or information to the Inspector General under this section may notify any member of Congress or 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.”

changed Section 504 21 of the Central Intelligence Authorization Agency Act for Fiscal Year 2013 (Public Law 112–277; 126 Stat. 2477) of 1949 (50 U.S.C. 3521) is amended by striking subsection (e).amended—

changed Section 12 101(a) of the Central Intelligence Agency National Security Act of 1949 1947 (50 U.S.C. 3512) 3021(a)) is amended—

removed “(f)

removed “(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.

removed “(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.”

removed The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.