Title III — General Provisions
TITLE III General Provisions
Subtitle A General Matters
SEC. 302. Restriction on Conduct of Intelligence Activities.
SEC. 303. Specific Authorization of Funding for High Performance Computing Center 2.
SEC. 304. Clarification of Exemption from Freedom of Information Act of Identities of Employees Submitting Complaints to the Inspector General of the Intelligence Community.
SEC. 305. Functional Managers for the Intelligence Community.
“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.”
“Sec. 103J. Functional managers for the intelligence community.”.
SEC. 306. Annual Assessment of Intelligence Community Performance by Function.
“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.”
“Sec. 506J. Annual assessment of intelligence community performance by function.”.
SEC. 307. Software Licensing.
“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).”
“Sec. 109. Software licensing.”.
SEC. 308. Plans to Respond to Unauthorized Public Disclosures of Covert Actions.
“(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.
“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.”
“Sec. 509. Auditability of certain elements of the intelligence community.”.
SEC. 310. Reports of Fraud, Waste, and Abuse.
“(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.”
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SEC. 311. Public Interest Declassification Board.
SEC. 312. Official Representation Items in Support of the Coast Guard Attaché Program.
SEC. 313. Declassification Review of Certain Items Collected During the Mission That Killed Osama Bin Laden on May 1, 2011.
SEC. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program.
Subtitle B Reporting
SEC. 321. Significant Interpretations of Law Concerning Intelligence Activities.
“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).”
“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.
SEC. 323. Submittal to Congress by Heads of Elements of Intelligence Community of Plans for Orderly Shutdown in Event of Absence of Appropriations.
SEC. 324. Reports on Chemical Weapons in Syria.
SEC. 325. Reports to the Intelligence Community on Penetrations of Networks and Information Systems of Certain Contractors.
SEC. 326. Report on Electronic Waste.
SEC. 327. Promoting Stem Education to Meet the Future Workforce Needs of the Intelligence Community.
SEC. 328. Repeal of the Termination of Notification Requirements Regarding the Authorized Disclosure of National Intelligence.
SEC. 329. Repeal or Modification of Certain Reporting Requirements.
“(b) Notification of Establishment of Advisory Committee.—The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates an advisory committee. Each notification shall include—
“(1) a description of such advisory committee, including the subject matter of such committee;
“(2) a list of members of such advisory committee; and
“(3) in the case of an advisory committee created by the Director of National Intelligence, the reasons for a determination by the Director under section 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act.”
“(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.”
“Sec. 114. Annual report on hiring and retention of minority employees.”;