,,ii ,calendar ,no4 #bdd #aacth ,,congress #ast ,session ,s4 #afha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ab1 #bjac,mrs4 ,feinstein1 from the ,select ,committee on ,intelligence1 reported the following original bill2 which was read twice and placed on the calendar ,a ,,bill ,to authorize appropriations for fiscal year #bjad for intelligence and intelligence-related activities of the ,united ,states ,government and the ,office of the ,director of ,national ,intelligence1 the ,central ,intelligence ,agency ,retirement and ,disability ,system1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,intelligence ,authorization ,act for ,fiscal ,year #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,budget and personnel authorizations,sec4 #aja4 ,authorization of appropriations4,sec4 #ajb4 ,classified ,schedule of ,authorizations4,sec4 #ajc4 ,personnel ceiling adjustments4,sec4 #ajd4 ,intelligence ,community ,management ,account4,,title ,,ii--,central ,intelligence ,agency ,retirement and ,disability ,system,sec4 #bja4 ,authorization of appropriations4,sec4 #bjb4 ,,ciards and ,,fers special retirement credit for service on detail to another agency4,,title ,,iii--,general intelligence community matters,subtitle ,a--,general matters,sec4 #cja4 ,restriction on conduct of intelligence activities4,sec4 #cjb4 ,increase in employee compensation and benefits authorized by law4,sec4 #cjc4 ,open ,,foia protections4,sec4 #cjd4 ,functional managers4,sec4 #cje4 ,auditability4,sec4 #cjf4 ,software licensing4,sec4 #cjg4 ,public ,interest ,declassification ,board4,sec4 #cjh4 ,reports of fraud1 waste1 and abuse4,subtitle ,b--,targeted lethal force oversight,sec4 #caa4 ,targeted lethal force oversight reform4,sec4 #cab4 ,unclassified annual report on the use of targeted lethal force outside the ,united ,states4,subtitle ,c--,reporting,sec4 #cba4 ,opinions of the ,office of ,legal ,counsel concerning intelligence activities4,sec4 #cbb4 ,submittal to ,congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations4,sec4 #cbc4 ,reports on chemical weapons in ,syria4,sec4 #cbd4 ,reports to the intelligence community on penetrations of networks and information systems of certain contractors4,sec4 #cbe4 ,repeal or modification of certain reporting requirements4,,title ,,iv--,matters relating to elements of the intelligence community,subtitle ,a--,national ,security ,agency,sec4 #dja4 ,appointment of the ,director of the ,national ,security ,agency4,sec4 #djb4 ,appointment of the ,inspector ,general of the ,national ,security ,agency4,subtitle ,b--,national ,reconnaissance ,office ,sec4 #daa4 ,appointment of the ,director of the ,national ,reconnaissance ,office4,sec4 #dab4 ,appointment of the ,inspector ,general of the ,national ,reconnaissance ,office4,,title ,v--,security clearance reform,sec4 #eja4 ,appropriate committees of ,congress defined4,sec4 #ejb4 ,technology improvements to security clearance processing4,sec4 #ejc4 ,enhanced reciprocity of security clearances4,sec4 #ejd4 ,report on reciprocity of security clearances4,sec4 #eje4 ,improving the periodic reinvestigation process4,,title ,,vi--,intelligence community whistleblower protections,sec4 #fja4 ,protection of intelligence community whistleblowers4,sec4 #fjb4 ,review of security clearance or access determinations4,sec4 #fjc4 ,revisions of other laws4,sec4 #fjd4 ,regulations2 reporting requirements2 nonapplicability to certain terminations4,,title ,,vii--,other matters,sec4 #gja4 ,repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence4,sec4 #gjb4 ,gifts1 devises1 and bequests4,sec4 #gjc4 ,budgetary effects4 #b4 ,definitions ,in this ,act3 7#a7 ,congressional intelligence committees ,the term congressional intelligence committees means-- 7,a7 the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 ,i ,budget and personnel authorizations #aja4 ,authorization of appropriations ,funds are hereby authorized to be appropriated for fiscal year #bjad for the conduct of the intelligence and intelligence-related activities of the following elements of the ,united ,states ,government3 7#a7 ,the ,office of the ,director of ,national ,intelligence4 7#b7 ,the ,central ,intelligence ,agency4 7#c7 ,the ,department of ,defense4 7#d7 ,the ,defense ,intelligence ,agency4 7#e7 ,the ,national ,security ,agency4 7#f7 ,the ,department of the ,army1 the ,department of the ,navy1 and the ,department of the ,air ,force4 7#g7 ,the ,coast ,guard4 7#h7 ,the ,department of ,state4 7#i7 ,the ,department of the ,treasury4 7#aj7 ,the ,department of ,energy4 7#aa7 ,the ,department of ,justice4 7#ab7 ,the ,federal ,bureau of ,investigation4 7#ac7 ,the ,drug ,enforcement ,administration4 7#ad7 ,the ,national ,reconnaissance ,office4 7#ae7 ,the ,national ,geospatial-,intelligence ,agency4 7#af7 ,the ,department of ,homeland ,security4 #ajb4 ,classified ,schedule of ,authorizations 7a7 ,specifications of amounts and personnel levels ,the amounts authorized to be appropriated under section #aja and the authorized personnel ceilings as of ,september #cj1 #bjad1 for the conduct of the intelligence activities of the elements listed in paragraphs 7#a7 through 7#af7 of section #aja1 are those specified in the classified ,schedule of ,authorizations prepared to accompany the bill ,s4 of the ,one ,hundred ,thirteenth ,congress4 7b7 ,availability of classified ,schedule of ,authorizations 7#a7 ,in general ,the classified ,schedule of ,authorizations referred to in subsection 7a7 shall be made available to the ,committee on ,appropriations of the ,senate1 the ,committee on ,appropriations of the ,house of ,representatives1 and to the ,president4 7#b7 ,distribution by the ,president ,subject to paragraph 7#c71 the ,president shall provide for suitable distribution of the classified ,schedule of ,authorizations1 or of appropriate portions of the ,schedule1 within the executive branch4 7#c7 ,limits on disclosure ,the ,president shall not publicly disclose the classified ,schedule of ,authorizations or any portion of such ,schedule except-- 7,a7 as provided in section #fja7;a7 of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#ej ,u4,s4,c4 #ccjf72 7,b7 to the extent necessary to implement the budget2 or 7,c7 as otherwise required by law4 #ajc4 ,personnel ceiling adjustments 7a7 ,authority for increases ,the ,director of ,national ,intelligence may authorize the employment of civilian personnel in excess of the number of positions for fiscal year #bjad authorized by the classified ,schedule of ,authorizations referred to in section #ajb7;a7 if the ,director of ,national ,intelligence determines that such action is necessary to the performance of important intelligence functions1 except that the number of personnel employed in excess of the number authorized under such section may not1 for any element of the intelligence community1 exceed #c percent of the number of civilian personnel authorized under such section for such element4 7b7 ,treatment of certain personnel ,the ,director of ,national ,intelligence shall establish guidelines that govern1 for each element of the intelligence community1 the treatment under the personnel levels authorized under section #ajb7;a71 including any exemption from such personnel levels1 of employment or assignment in-- 7#a7 a student program1 trainee program1 or similar program2 7#b7 a reserve corps or as a reemployed annuitant2 or 7#c7 details1 joint duty1 or long term1 full-time training4 7c7 ,notice to congressional intelligence committees ,the ,director of ,national ,intelligence shall notify the congressional intelligence committees in writing at least #ae days prior to the initial exercise of an authority described in subsection 7a74 #ajd4 ,intelligence ,community ,management ,account 7a7 ,authorization of appropriations ,there is authorized to be appropriated for the ,intelligence ,community ,management ,account of the ,director of ,national ,intelligence for fiscal year #bjad the sum of #efh1gcf1jjj4 ,within such amount1 funds identified in the classified ,schedule of ,authorizations referred to in section #ajb7;a7 for advanced research and development shall remain available until ,september #cj1 #bjae4 7b7 ,authorized personnel levels ,the elements within the ,intelligence ,community ,management ,account of the ,director of ,national ,intelligence are authorized #hee positions as of ,september #cj1 #bjad4 ,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 ,government4 7c7 ,classified authorizations 7#a7 ,authorization of appropriations ,in addition to amounts authorized to be appropriated for the ,intelligence ,community ,management ,account by subsection 7a71 there are authorized to be appropriated for the ,community ,management ,account for fiscal year #bjad such additional amounts as are specified in the classified ,schedule of ,authorizations referred to in section #ajb7;a74 ,such additional amounts for advanced research and development shall remain available until ,september #cj1 #bjae4 7#b7 ,authorization of personnel ,in addition to the personnel authorized by subsection 7b7 for elements of the ,intelligence ,community ,management ,account as of ,september #cj1 #bjad1 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 #ajb7;a74 ,,ii ,central ,intelligence ,agency ,retirement and ,disability ,system #bja4 ,authorization of appropriations ,there is authorized to be appropriated for the ,central ,intelligence ,agency ,retirement and ,disability ,fund for fiscal year #bjad the sum of #ead1jjj1jjj4 #bjb4 ,,ciards and ,,fers special retirement credit for service on detail to another agency 7a7 ,in general ,section #bjc7;b7 of the ,central ,intelligence ,retirement ,act 7#ej ,u4,s4,c4 #bjac7;b77 is amended by striking ,for purposes of this ,act1 and all that follows through the end and inserting 8,for purposes of this chapter1 qualifying service is service performed by an ,agency employee in carrying out duties that are determined by the ,director-- 7#a7 to be in support of intelligence activities abroad hazardous to life or health2 or 7#b7 to be so specialized because of security requirements as to be clearly distinguishable from normal government employment4 4 7b7 ,application ,the amendment made by subsection 7a7 shall be applied to retired or deceased officers of the ,central ,intelligence ,agency who were designated at any time under section #bjc7;b7 or #cjb7;a7 of the ,central ,intelligence ,retirement ,act 7#ej ,u4,s4,c4 #bjac7;b7 and #baeb7;a77 prior to the date of the enactment of this ,act4 ,,iii ,general intelligence community matters ,a ,general matters #cja4 ,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 ,states4 #cjb4 ,increase in employee compensation and benefits authorized by law ,appropriations authorized by this ,act for salary1 pay1 retirement1 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 law4 #cjc4 ,open ,,foia protections ,section #ajc;,h7g77#c77;,a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7;g77#c77;,a77 is amended by striking undertaken2 and inserting undertaken1 and this provision shall qualify as a withholding statute pursuant to subsection 7b77#c7 of section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act724 #cjd4 ,functional managers 7a7 ,in general ,the ,president shall designate officers or employees of the ,united ,states to serve as functional managers for signals intelligence1 human intelligence1 geospatial intelligence1 and such other intelligence disciplines as the ,president determines necessary4 ,unless the ,president directs otherwise-- 7#a7 the ,director of the ,national ,security ,agency shall be designated the functional manager for signals intelligence2 7#b7 the ,director of the ,central ,intelligence ,agency shall be designated the functional manager for human intelligence2 and 7#c7 the ,director of the ,national ,geospatial-,intelligence ,agency shall be designated the functional manager for geospatial intelligence4 7b7 ,duties ,each functional manager designated under subsection 7a7 shall act as the principal adviser to the ,director of ,national ,intelligence and the ,secretary of ,defense for their respective intelligence function4 7c7 ,annual reports to ,congress ,each year1 on a date not later than #b weeks after the date on which the ,president submits to ,congress the budget for the next fiscal year under section #aaje of title #ca1 ,united ,states ,code1 each functional manager shall report to the congressional intelligence committees and congressional armed services committees concerning the performance of the function4 ,in addition to such other information as the functional manager elects to include in a report1 each report shall-- 7#a7 identify all programs1 projects1 and activities that fall within the intelligence discipline for which the functional manager is responsible2 7#b7 identify any issues related to the application of technical and interoperability standards in such programs1 projects1 and activities2 7#c7 identify any concerns the functional manager has regarding the allocation of resources among such programs1 projects1 and activities within the intelligence discipline for which the functional manager is responsible2 7#d7 assess the sufficiency of resources included in the ,president's budget request for the next fiscal year to meet requirements within the intelligence discipline for which the functional manager is responsible2 7#e7 identify the operational overlap and need for de-confliction within the intelligence discipline for which the functional manager is responsible2 and 7#f7 identify any concerns the functional manager has related to compliance within the intelligence discipline for which the functional manager is responsible4 7d7 ,congressional armed services committees defined ,in this section1 the term congressional armed services committees means-- 7#a7 the ,committee on ,armed ,services and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,armed ,services and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,house of ,representatives4 #cje4 ,auditability 7a7 ,requirement for annual audits ,each covered entity shall undergo a full financial audit each year beginning with each covered entity's fiscal year #bjad financial statements4 ,such audits may be conducted by an internal or external independent accounting or auditing organization4 7b7 ,requirement for unqualified opinion ,not later than the audit required by subsection 7a7 of fiscal year #bjaf financial statements1 each covered entity shall obtain an audit with an unqualified opinion on its financial statements for each fiscal year4 7c7 ,covered entity defined ,in this section1 the term covered entity means the ,office of the ,director of ,national ,intelligence1 the ,central ,intelligence ,agency1 the ,defense ,intelligence ,agency1 the ,national ,security ,agency1 the ,national ,reconnaissance ,office1 and the ,national ,geospatial-,intelligence ,agency4 7d7 ,reports to ,congress ,the chief financial executive 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 7a74 #cjf4 ,software licensing 7a7 ,requirement for inventories of software licenses 7#a7 ,inventories by elements of the intelligence community ,not later than #abj days after the date of the enactment of this ,act1 and once every #b years thereafter1 the chief information officer of each element of the intelligence community1 in consultation with the ,chief ,information ,officer of the ,intelligence ,community1 shall-- 7,a7 conduct an inventory of all existing software licenses of such element1 including utilized and unutilized licenses2 7,b7 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 usage2 and 7,c7 submit to the ,chief ,information ,officer of the ,intelligence ,community each inventory required by subparagraph 7,a7 and each assessment required by subparagraph 7,b74 7#b7 ,initial inventory ,the initial inventory conducted for each element of the intelligence community under paragraph 7#a77;,a7 shall be based on the inventory of software licenses conducted pursuant to section #cje of the ,intelligence ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bgg2 #abf ,stat4 #bdgb7 for such element4 7b7 ,inventories by the ,chief ,information ,officer of the ,intelligence ,community ,not later than #ahj days after the enactment of this ,act1 and once every #b years thereafter1 the ,chief ,information ,officer of the ,intelligence ,community shall1 based on the inventories and assessments required by subsection 7a7-- 7#a7 compile an inventory of all existing software licenses of the intelligence community1 including utilized and unutilized licenses2 and 7#b7 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 usage4 7c7 ,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 7b77#a74 #cjg4 ,public ,interest ,declassification ,board ,section #gaj7;b7 of the ,public ,interest ,declassification ,act of #bjjj 7,public ,law #ajf-efg2 #ej ,u4,s4,c4 #cafa note7 is amended by striking #bjad4 and inserting #bjah44 #cjh4 ,reports of fraud1 waste1 and abuse ,section #h;,h7a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended in paragraph 7#a7-- 7#a7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,an employee of an element of the intelligence community1 an employee assigned or detailed to an element of the intelligence community1 or an employee of a contractor to the intelligence community1 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 ,community4 2 and 7#c7 in subparagraph 7,d71 as redesignated by paragraph 7#a7-- 7,a7 by striking ,act or section #ag and inserting ,act1 section #ag2 and 7,b7 by striking the period at the end and inserting 1 or section #ajc;,h7k7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k7744 ,b ,targeted lethal force oversight #caa4 ,targeted lethal force oversight reform 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of ,national ,intelligence4 7#b7 ,united ,states person ,the term ,united ,states person means a citizen of the ,united ,states or an alien lawfully admitted for permanent residence 7as defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj7774 7b7 ,alternative analysis 7#a7 ,notification of director ,upon a determination by the head of an element of the intelligence community that a particular1 known ,united ,states person is knowingly engaged in acts of international terrorism against the ,united ,states1 such that the ,united ,states ,government is considering the legality or the use of targeted lethal force against that ,united ,states person1 the head of the element shall1 as soon as practicable1 notify the ,director of the determination4 7#b7 ,independent alternative analysis 7,a7 ,requirement for alternative analysis ,not later than #ae days after the date the ,director receives a notification under paragraph 7#a71 the ,director shall complete an independent alternative analysis 7commonly referred to as red-team analysis7 of the information relied on to support the determination made under paragraph 7#a74 7,b7 ,independent leadership ,in completing the independent alternative analysis required by subparagraph 7,a71 the ,director shall ensure that the individual appointed to lead such alternative analysis does not report to the head of the element of the intelligence community who made the determination under paragraph 7#a74 7#c7 ,notification of the ,inspector ,general of the ,intelligence ,community ,as soon as practicable1 the ,director shall notify the ,inspector ,general of the ,intelligence ,community of the receipt of a notification under paragraph 7#a74 7#d7 ,notification to ,congress ,as soon as practicable1 the ,director shall notify the congressional intelligence committees1 in writing1 of the receipt of a notification under paragraph 7#a71 including the identity of the ,united ,states person1 and the results of the independent alternative analysis performed under paragraph 7#b71 including any written product containing the alternative analysis1 or if no product has been created1 a summary of such analysis4 7#e7 ,construction with other law ,nothing in this section shall be construed to impede the ability of the ,united ,states ,government to conduct any operation consistent with otherwise applicable law4 7c7 ,inspector ,general of the ,intelligence ,community review ,on an annual basis the ,inspector ,general of the ,intelligence ,community shall-- 7#a7 conduct a review of any notifications received under subsection 7b77#c7 with respect to the element of the intelligence community's compliance with all appropriate policies and procedures related to consideration of the use of targeted lethal force against a particular1 known ,united ,states person2 and 7#b7 submit to the ,director and the congressional intelligence committees a report on the findings of such review4 7d7 ,construction ,nothing in this section may be construed to authorize the use of targeted lethal force against a ,united ,states person4 #cab4 ,unclassified annual report on the use of targeted lethal force outside the ,united ,states 7a7 ,requirement for annual report ,for each year1 the ,president shall prepare and make public an annual report that sets forth the following3 7#a7 ,the total number of combatants killed or injured during the preceding year by the use of targeted lethal force outside the ,united ,states by remotely piloted aircraft4 7#b7 ,the total number of noncombatant civilians killed or injured during the preceding year by such use of targeted lethal force outside the ,united ,states4 7b7 ,targeted lethal force defined ,in this section1 the term targeted lethal force means the act of directing lethal force at a particular person or group with the specific intent of killing those persons4 7c7 ,exception ,a report required by subsection 7a7 shall not include-- 7#a7 any use of targeted lethal force in ,afghanistan prior to the end of combat operations by the ,united ,states2 or 7#b7 any use of targeted lethal force in a foreign country described by a future declaration of war or authorization for the use of military force4 ,c ,reporting #cba4 ,opinions of the ,office of ,legal ,counsel concerning intelligence activities 7a7 ,annual submission 7#a7 ,requirement to provide list of opinions to ,congress ,except as provided in subsections 7b7 and 7c71 not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 the ,attorney ,general1 in coordination with the ,director of ,national ,intelligence1 shall provide to the congressional intelligence committees a listing of every opinion of the ,office of ,legal ,counsel of the ,department of ,justice that has been provided to an element of the intelligence community4 7#b7 ,content ,each listing submitted under paragraph 7#a7 shall include-- 7,a7 as much detail as possible about the subject of each opinion2 7,b7 the date the opinion was issued2 7,c7 a listing of each recipient agency2 7,d7 whether the opinion has been made available to ,congress or a specific committee of ,congress1 including the identity of each such committee2 and 7,e7 for any opinion that has not been made available to ,congress or a specific committee of ,congress1 the basis for such withholding4 7b7 ,exception for covert action ,if the ,president determines that it is essential to limit access to a covert action finding under section #ejc7;c77#b7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjic7;c77#b771 the ,president may limit access to information concerning such finding that is subject to disclosure under subsection 7a7 to those members of ,congress who have been granted access to the relevant finding under such section #ejc7;c77#b74 7c7 ,exception for information subject to executive privilege ,if the ,president determines that a particular listing subject to disclosure under subsection 7a7 is subject to an executive privilege that protects against such disclosure1 the ,attorney ,general shall not be required to disclose such opinion or listing if the ,attorney ,general notifies the congressional intelligence committees1 in writing1 of the legal justification for such assertion of executive privilege prior to the date by which the opinion or listing is required to be disclosed4 #cbb4 ,submittal to ,congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations 7a7 ,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 #abd of ,office of ,management and ,budget ,circular ,a-#aa1 pertaining to agency operations in the absence of appropriations1 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 appropriations1 such head shall submit a copy of such plan to the following3 7#a7 ,the congressional intelligence committees4 7#b7 ,the ,committee on ,armed ,services of the ,senate4 7#c7 ,the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,senate4 7#d7 ,the ,committee on ,armed ,services of the ,house of ,representatives4 7#e7 ,the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,house of ,representatives4 7b7 ,head of an applicable agency defined ,in this section1 the term head of an applicable agency includes the following3 7#a7 ,the ,director of ,national ,intelligence4 7#b7 ,the ,director of the ,central ,intelligence ,agency4 7#c7 ,each head of each element of the intelligence community that is within the ,department of ,defense4 #cbc4 ,reports on chemical weapons in ,syria 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the appropriate congressional committees a report on the ,syrian chemical weapons program4 7b7 ,elements ,the report required under subsection 7a7 shall include the following elements3 7#a7 ,a comprehensive assessment of chemical weapon stockpiles in ,syria1 including names1 types1 and quantities of chemical weapons agents1 types of munitions1 and location and form of storage1 production1 and research and development facilities4 7#b7 ,a listing of key personnel associated with the ,syrian chemical weapons program4 7#c7 ,an assessment of undeclared chemical weapons stockpiles1 munitions1 and facilities4 7#d7 ,an assessment of how these stockpiles1 precursors1 and delivery systems were obtained4 7#e7 ,a description of key intelligence gaps related to the ,syrian chemical weapons program4 7#f7 ,an assessment of any denial and deception efforts on the part of the ,syrian regime related to its chemical weapons program4 7c7 ,progress reports ,every #ij days until the ,director of ,national ,intelligence makes the certification described in subsection 7d7 or #ah months after the date of the enactment of this ,act1 whichever is earlier1 the ,director of ,national ,intelligence shall submit to the appropriate congressional committees a progress report providing any material updates to the report required under subsection 7a74 7d7 ,certification ,the certification described in this subsection is a certification by the ,director of ,national ,intelligence to the appropriate congressional committees that the ,syrian regime has completely and verifiably destroyed all components of its chemical weapons program4 7e7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 the ,committee on ,foreign ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives4 #cbd4 ,reports to the intelligence community on penetrations of networks and information systems of certain contractors 7a7 ,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 7b7 is successfully penetrated4 7b7 ,networks and information systems subject to reporting ,the ,director of ,national ,intelligence shall1 in consultation with appropriate officials1 establish criteria for covered networks to be subject to the procedures for reporting system penetrations under subsection 7a74 7c7 ,procedure requirements 7#a7 ,rapid reporting ,the procedures established pursuant to subsection 7a7 shall require each cleared intelligence contractor to rapidly report to an element of the intelligence community designated pursuant to subsection 7a7 of each successful penetration of the network or information systems of such contractor that meet the criteria established pursuant to subsection 7b74 ,each such report shall include the following3 7,a7 ,a description of the technique or method used in such penetration4 7,b7 ,a sample of the malicious software1 if discovered and isolated by the contractor1 involved in such penetration4 7,c7 ,a summary of information created by or for such element in connection with any program of such element that has been potentially compromised due to such penetration4 7#b7 ,access to equipment and information by intelligence community personnel ,the procedures established pursuant to subsection 7a7 shall-- 7,a7 include mechanisms for intelligence community personnel to1 upon request1 obtain access to equipment or information of a cleared intelligence contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor2 7,b7 provide that a cleared intelligence contractor is only required to provide access to equipment or information as described in subparagraph 7,a7 to determine whether information created by or for an element of the intelligence community in connection with any intelligence community program was successfully exfiltrated from a network or information system of such contractor and1 if so1 what information was exfiltrated2 and 7,c7 provide for the reasonable protection of trade secrets1 commercial or financial information1 and information that can be used to identify a specific person4 7#c7 ,limitation on dissemination of certain information ,the procedures established pursuant to subsection 7a7 shall prohibit the dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community except with the approval of the contractor providing such information4 7d7 ,issuance of procedures and establishment of criteria 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act-- 7,a7 the ,director of ,national ,intelligence shall establish the procedures required under subsection 7a72 and 7,b7 the senior official designated under subsection 7b77#a7 shall establish the criteria required under such subsection4 7#b7 ,applicability date ,the requirements of this section shall apply on the date on which the ,director of ,national ,intelligence establishes the procedures required under this section4 7e7 ,coordination with the ,secretary of ,defense ,to prevent duplicate reporting ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence and the ,secretary of ,defense shall establish procedures to permit a contractor that is a cleared intelligence contractor and a cleared defense contractor under section #ida of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7#aj ,u4,s4,c4 #bbbd note7 to submit a single report that satisfies the requirements of this section and such section #ida for an incident of penetration of network or information system4 7f7 ,definitions ,in this section3 7#a7 ,cleared intelligence contractor ,the term cleared intelligence contractor means a private entity granted clearance by the ,director of ,national ,intelligence or the head of an element of the intelligence community to access1 receive1 or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of an element of the intelligence community4 7#b7 ,covered network ,the term covered network means a network or information system of a cleared intelligence contractor that contains or processes information created by or for an element of the intelligence community with respect to which such contractor is required to apply enhanced protection4 #cbe4 ,repeal or modification of certain reporting requirements 7a7 ,repeal of certain reporting requirements 7#a7 ,annual report on the threat of attack on the ,united ,states using weapons of mass destruction 7,a7 ,repeal ,section #aad of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjej7 is amended to read as follows3 #aad4 ,annual report on hiring and retention of minority employees 7a7 ,requirement for report ,the ,director of ,national ,intelligence shall1 on an annual basis1 submit to ,congress a report on the employment of covered persons within each element of the intelligence community for the preceding fiscal year4 7b7 ,content ,each such report shall include disaggregated data by category of covered person from each element of the intelligence community on the following3 7#a7 ,of all individuals employed in the element during the fiscal year involved1 the aggregate percentage of such individuals who are covered persons4 7#b7 ,of all individuals employed in the element during the fiscal year involved at the levels referred to in subparagraphs 7,a7 and 7,b71 the percentage of covered persons employed at such levels3 7,a7 ,positions at levels #a through #ae of the ,general ,schedule4 7,b7 ,positions at levels above ,,gs-#ae4 7#c7 ,of all individuals hired by the element involved during the fiscal year involved1 the percentage of such individuals who are covered persons4 7c7 ,form of report ,each such report shall be submitted in unclassified form1 but may contain a classified annex4 7d7 ,construction ,nothing in this section shall be construed as providing for the substitution of any similar report required under another provision of law4 7e7 ,covered persons defined ,in this section1 the term covered persons means-- 7#a7 racial and ethnic minorities2 7#b7 women2 and 7#c7 individuals with disabilities4 4 7,b7 ,table of contents amendment ,the table of contents in the first section of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 is amended by striking the item relating to section #aad and inserting the following3 ,sec4 #aad4 ,annual report on hiring and retention of minority employees4 4 7#b7 ,reports on commerce with1 and assistance to1 ,cuba from other foreign countries 7,a7 ,repeal ,section #ajh of the ,cuban ,liberty and ,democratic ,solidarity 7,,libertad7 ,act of #aiif 7#bb ,u4,s4,c4 #fjch7 is repealed4 7,b7 ,table of contents amendment ,the table of contents in section #a7;b7 of the ,cuban ,liberty and ,democratic ,solidarity 7,,libertad7 ,act of #aiif 7#bb ,u4,s4,c4 #fjba et seq47 is amended by striking the item relating to section #ajh4 7#c7 ,annual report on uncontrolled treaty-limited equipment ,section #b7e77;,e7 of the ,senate resolution advising and consenting to ratification of the ,document ,agreed ,among the ,states ,parties to the ,treaty on ,conventional ,armed ,forces in ,europe 7,,cfe7 of ,november #ai1 #aiij1 adopted at ,vienna ,may #ca1 #aiif 7,treaty ,doc4 #aje-e7 7commonly referred to as the ,,cfe ,flank ,document71 #ajeth ,congress1 agreed to ,may #ad1 #aiig1 is repealed4 7b7 ,modification of certain reporting requirements 7#a7 ,intelligence advisory committees ,section #daj7;b7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjaj 7#ej ,u4,s4,c4 #ccji7 is amended to read as follows3 7b7 ,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 committee4 ,each notification shall include-- 7#a7 a description of such advisory committee1 including the subject matter of such committee2 7#b7 a list of members of such advisory committee2 and 7#c7 in the case of an advisory committee created by the ,director of ,national intelligence1 the reasons for a determination by the ,director under section #d7;b77#c7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 that an advisory committee cannot comply with the requirements of such ,act4 4 7#b7 ,reports on intelligence community business system transformation ,section #ejf;,d7j7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cajj7;j77 is amended in the matter preceding paragraph 7#a7 by striking #bjae1 and inserting #bjad14 7#c7 ,reports on the activities of privacy and civil liberties officers ,section #ajfb7;f77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee-#a7;f77#a77 is amended in the matter preceding subparagraph 7,a7 by striking quarterly1 and inserting semiannually14 7#d7 ,notifications of waivers of conditions for disqualification for security clearances ,section #cjjb7;c77#d7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccdc7;c77#d77 is amended to read as follows3 7#d7 ,waivers of conditions for disqualification for security clearances 7,a7 ,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 7#b7 within #ae days of granting such waiver4 ,such notification shall not reveal the identity of such person1 but shall include the disqualifying factor under paragraph 7#a7 and the reasons for the waiver of the disqualifying factor4 7,b7 ,definitions ,in this paragraph3 7i7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means1 with respect to a notification submitted under subparagraph 7,a7 by the head of a ,federal agency-- 7,i7 the congressional defense committees2 7,,ii7 the congressional intelligence committees2 7,,iii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,,iv7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7,v7 each ,committee of the ,senate or the ,house of ,representatives with oversight authority over such ,federal agency4 7ii7 ,congressional defense committees ,the term congressional defense committees has the meaning given that term in section #aja7;a77#af7 of title #aj1 ,united ,states ,code4 7iii7 ,congressional intelligence committees ,the term congressional intelligence committees has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 4 ,,iv ,matters relating to elements of the intelligence community ,a ,national ,security ,agency #dja4 ,appointment of the ,director of the ,national ,security ,agency 7a7 ,director of the ,national ,security ,agency ,section #b of the ,national ,security ,agency ,act of #aiei 7#ej ,u4,s4,c4 #cfjb7 is amended-- 7#a7 by inserting 7b7 before ,there2 and 7#b7 by inserting before subsection 7b71 as so designated by paragraph 7#a71 the following3 7a7 7#a7 ,there is a ,director of the ,national ,security ,agency4 7#b7 ,the ,director of the ,national ,security ,agency shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#c7 ,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 order4 4 7b7 ,position of importance and responsibility ,the ,president may designate the ,director of the ,national ,security ,agency as a position of importance and responsibility under section #fja of title #aj1 ,united ,states ,code4 7c7 ,effective date and applicability 7#a7 ,in general ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply upon the earlier of-- 7,a7 the date of the nomination by the ,president of an individual to serve as the ,director of the ,national ,security ,agency1 except that the individual serving as such ,director as of the date of the enactment of this ,act may continue to perform such duties after such date of nomination and until the individual appointed as such ,director1 by and with the advice and consent of the ,senate1 assumes the duties of such ,director2 or 7,b7 the date of the cessation of the performance of the duties of such ,director by the individual performing such duties as of the date of the enactment of this ,act4 7#b7 ,positions of importance and responsibility ,subsection 7b7 shall take effect on the date of the enactment of this ,act4 #djb4 ,appointment of the ,inspector ,general of the ,national ,security ,agency 7a7 ,in general ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #h;,g7a77#b71 by striking the ,national ,security ,agency12 and 7#b7 in section #ab-- 7,a7 in paragraph 7#a71 by striking or the ,federal ,cochairpersons of the ,commissions established under section #aecja of title #dj1 ,united ,states ,code2 and inserting the ,federal ,cochairpersons of the ,commissions established under section #aecja of title #dj1 ,united ,states ,code2 the ,director of the ,national ,security ,agency22 and 7,b7 in paragraph 7#b71 by striking or the ,commissions established under section #aecja of title #dj1 ,united ,states ,code1 and inserting the ,commissions established under section #aecja of title #dj1 ,united ,states ,code1 the ,national ,security ,agency14 7b7 ,effective date2 incumbent 7#a7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date on which the first ,director of the ,national ,security ,agency takes office on or after the date of the enactment of this ,act4 7#b7 ,incumbent ,the individual serving as ,inspector ,general of the ,national ,security ,agency on the date of the enactment of this ,act shall be eligible to be appointed by the ,president to a new term of service under section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 by and with the advice and consent of the ,senate4 ,b ,national ,reconnaissance ,office #daa4 ,appointment of the ,director of the ,national ,reconnaissance ,office 7a7 ,in general ,the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 is amended by adding after section #ajf the following3 #ajf;,a4 ,director of the ,national ,reconnaissance ,office 7a7 ,in general ,there is a ,director of the ,national ,reconnaissance ,office4 7b7 ,appointment ,the ,director of the ,national ,reconnaissance ,office shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7c7 ,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 order4 7d7 ,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 #fja of title #aj1 ,united ,states ,code4 4 7b7 ,table of contents amendment ,the table of contents in the first section of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 is amended by inserting after the item relating to section #ajf the following3 ,sec4 #ajf;,a4 ,director of the ,national ,reconnaissance ,office4 4 7c7 ,effective date and applicability 7#a7 ,in general ,subsection 7a7 shall take effect on the date of enactment of this ,act and shall apply upon the earlier of-- 7,a7 the date of the nomination by the ,president of an individual to serve as the ,director of the ,national ,reconnaissance ,office1 except that the individual serving as such ,director as of the date of the enactment of this ,act may continue to perform such duties after such date of nomination and until the individual appointed as such ,director1 by and with the advice and consent of the ,senate1 assumes the duties of such ,director2 or 7,b7 the date of the cessation of the performance of the duties of such ,director by the individual performing such duties as of the date of enactment of this ,act4 7#b7 ,positions of importance and responsibility ,subsection 7d7 of section #ajf;,a of the ,national ,security ,act of #aidg1 as added by subsection 7a71 shall take effect on the date of the enactment of this ,act4 #dab4 ,appointment of the ,inspector ,general of the ,national ,reconnaissance ,office 7a7 ,in general ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47-- 7#a7 in section #h;,g7a77#b71 as amended by section #djb1 is further amended by striking the ,national ,reconnaissance ,office12 and 7#b7 in section #ab1 as amended by section #djb1 is further amended-- 7,a7 in paragraph 7#a71 by inserting or the ,director of the ,national ,reconnaissance ,office2 before as the case may be22 and 7,b7 in paragraph 7#b71 by inserting or the ,national ,reconnaissance ,office1 before as the case may be24 7b7 ,effective date2 incumbent 7#a7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date on which the first ,director of the ,national ,reconnaissance ,office takes office on or after the date of enactment of this ,act4 7#b7 ,incumbent ,the individual serving as ,inspector ,general of the ,national ,reconnaissance ,office on the date of enactment of this ,act shall be eligible to be appointed by the ,president to a new term of service under section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 by and with the advice and consent of the ,senate4 ,v ,security clearance reform #eja4 ,appropriate committees of ,congress defined ,in this title1 the term appropriate committees of ,congress means-- 7#a7 the congressional intelligence committees2 7#b7 the ,committee on ,armed ,services and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#c7 the ,committee on ,armed ,services and the ,committee on ,homeland ,security of the ,house of ,representatives4 #ejb4 ,technology improvements to security clearance processing 7a7 ,in general ,the ,director of ,national ,intelligence1 in consultation with the ,secretary of ,defense and the ,director of the ,office of ,personnel ,management1 shall conduct an analysis of the relative costs and benefits of potential improvements to the process for investigating persons who are proposed for access to classified information and adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information4 7b7 ,contents of analysis ,in conducting the analysis required by subsection 7a71 the ,director of ,national ,intelligence shall evaluate the costs and benefits associated with-- 7#a7 the elimination of manual processes in security clearance investigations and adjudications1 if possible1 and automating and integrating the elements of the investigation process1 including-- 7,a7 the clearance application process2 7,b7 case management2 7,c7 adjudication management2 7,d7 investigation methods for the collection1 analysis1 storage1 retrieval1 and transfer of data and records2 and 7,e7 records management for access and eligibility determinations2 7#b7 the elimination or reduction1 if possible1 of the use of databases and information sources that cannot be accessed and processed automatically electronically1 or modification of such databases and information sources1 to enable electronic access and processing2 7#c7 the use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations2 7#d7 the standardization of forms used for routine reporting required of cleared personnel 7such as travel1 foreign contacts1 and financial disclosures7 and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events2 7#e7 the establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof2 7#f7 using digitally processed fingerprints1 as a substitute for ink or paper prints1 to reduce error rates and improve portability of data2 7#g7 expanding the use of technology to improve an applicant's ability to discover the status of a pending security clearance application or reinvestigation2 and 7#h7 using government and publicly available commercial data sources1 including social media1 that provide independent information pertinent to adjudication guidelines to improve quality and timeliness1 and reduce costs1 of investigations and reinvestigations4 7c7 ,report to ,congress ,not later than #f months after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the appropriate committees of ,congress a report on the analysis required by subsection 7a74 #ejc4 ,enhanced reciprocity of security clearances ,section #cjja7;d7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;d77 is amended by adding at the end the following3 7#g7 7,a7 ,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-scope1 unless the head of the entity selected pursuant to subsection 7b7 certifies to the appropriate committees of ,congress that the rejecting agency does not employ any personnel who have background investigations that are out-of-scope4 7,b7 ,in this paragraph1 the term out-of-scope means a background investigation or reinvestigation that is more than-- 7i7 #g years old in the case of a top secret clearance2 7ii7 #aj years old in the case of a secret clearance2 or 7iii7 #ae years old in the case of a confidential clearance4 7#h7 ,all personnel who have been determined to be eligible for access to classified information shall be presumed to be suitable for employment1 unless and until the head of an agency determines on a case-by-case basis that an individual is not suitable for employment1 in which case the individual shall be notified of such suitability determination in writing within #ae days4 4 #ejd4 ,report on reciprocity of security clearances ,the head of the entity selected pursuant to section #cjja7;b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;b77 shall submit to the appropriate committees of ,congress a report each year through #bjag that describes for the preceding year-- 7#a7 the periods of time required by authorized adjudicative agencies for accepting background investigations and determinations completed by an authorized investigative entity or authorized adjudicative agency2 7#b7 the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is accepted by another agency2 7#c7 the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is not accepted by another agency2 and 7#d7 such other information or recommendations as the head of the entity selected pursuant to such section #cjja7;b7 considers appropriate4 #eje4 ,improving the periodic reinvestigation process 7a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 and annually thereafter until #bjag1 the ,director of ,national ,intelligence1 in consultation with the ,secretary of ,defense and the ,director of the ,office of ,personnel ,management1 shall transmit to the appropriate committees of ,congress a strategic plan for improving the process for periodic reinvestigations4 7b7 ,contents ,the plan required by subsection 7a7 shall include-- 7#a7 an analysis of the costs and benefits associated with conducting more frequent or less frequent periodic reinvestigations2 and 7#b7 an analysis of the potential benefits of expanding the ,government's use of continuous evaluation tools as a means of improving the effectiveness and efficiency of procedures for confirming the eligibility of personnel for continued access to classified information4 7c7 ,periodic reinvestigations defined ,in this section1 the term periodic reinvestigations has the meaning given that term in section #cjja7;a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;a774 ,,vi ,intelligence community whistleblower protections #fja4 ,protection of intelligence community whistleblowers 7a7 ,in general ,chapter #bc of title #e1 ,united ,states ,code1 is amended by inserting after section #bcjc the following3 #bcjc;,a4 ,prohibited personnel practices in the intelligence community 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency means an executive department or independent establishment1 as defined under sections #aja and #ajd1 that contains an intelligence community element1 except the ,federal ,bureau of ,investigation4 7#b7 ,congressional intelligence committees ,the term congressional intelligence committees means-- 7,a7 the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#c7 ,intelligence community element ,the term intelligence community element-- 7,a7 means-- 7i7 the ,central ,intelligence ,agency1 the ,defense ,intelligence ,agency1 the ,national ,geospatial-,intelligence ,agency1 the ,national ,security ,agency1 the ,office of the ,director of ,national ,intelligence1 and the ,national ,reconnaissance ,office2 and 7ii7 any executive agency or unit thereof determined by the ,president under section #bcjb7;a77#b77;,c77ii7 to have as its principal function the conduct of foreign intelligence or counterintelligence activities2 and 7,b7 does not include the ,federal ,bureau of ,investigation2 and 7#d7 ,personnel action ,the term personnel action means any action described in clauses 7i7 through 7x7 of section #bcjb7;a77#b77;,a7 with respect to an employee in a position in an intelligence community element 7other than a position of a confidential1 policy-determining1 policymaking1 or policy-advocating character74 7b7 ,in general ,any employee of an agency who has authority to take1 direct others to take1 recommend1 or approve any personnel action1 shall not1 with respect to such authority1 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 7or an employee designated by the ,director of ,national ,intelligence for such purpose71 the ,inspector ,general of the ,intelligence ,community1 the head of the employing agency 7or an employee designated by the head of that agency for such purpose71 the appropriate inspector general of the employing agency1 a congressional intelligence committee1 or a member of a congressional intelligence committee1 which the employee reasonably believes evidences-- 7#a7 a violation of any law1 rule1 or regulation2 or 7#b7 mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety4 7c7 ,enforcement ,the ,president shall provide for the enforcement of this section in a manner consistent with applicable provisions of sections #abad and #abba4 7d7 ,existing rights preserved ,nothing in this section shall be construed to-- 7#a7 preempt or preclude any employee1 or applicant for employment1 at the ,federal ,bureau of ,investigation from exercising rights currently provided under any other law1 rule1 or regulation1 including section #bcjc2 7#b7 repeal section #bcjc2 or 7#c7 provide the ,president or ,director of ,national ,intelligence the authority to revise regulations related to section #bcjc1 codified in part #bg of the ,code of ,federal ,regulations4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #bc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #bcjc the following3 #bcjc;,a4 ,prohibited personnel practices in the intelligence community4 4 #fjb4 ,review of security clearance or access determinations 7a7 ,in general ,section #cjja7;b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;b77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,not and inserting ,except as otherwise provided1 not2 7#b7 in paragraph 7#e71 by striking and after the semicolon2 7#c7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#d7 by inserting after paragraph 7#f7 the following3 7#g7 not later than #ahj days after the date of the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjad-- 7,a7 developing policies and procedures that permit1 to the extent practicable1 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 pending2 and 7,b7 developing and implementing uniform and consistent policies and procedures to ensure proper protections during the process for denying1 suspending1 or revoking a security clearance or access to classified information1 including the provision of a right to appeal such a denial1 suspension1 or revocation1 except that there shall be no appeal of an agency's suspension of a security clearance or access determination for purposes of conducting an investigation1 if that suspension lasts no longer than #a 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 security4 ,any limitation period applicable to an agency appeal under paragraph 7#g7 shall be tolled until the head of the agency 7or in the case of any component of the ,department of ,defense1 the ,secretary of ,defense7 determines1 with the concurrence of the ,director of ,national ,intelligence1 that the policies and procedures described in paragraph 7#g7 have been established for the agency or the ,director of ,national ,intelligence promulgates the policies and procedures under paragraph 7#g74 ,the policies and procedures for appeals developed under paragraph 7#g7 shall be comparable to the policies and procedures pertaining to prohibited personnel practices defined under section #bcjb7;b77#h7 of title #e1 ,united ,states ,code1 and provide-- 7,a7 for an independent and impartial fact-finder2 7,b7 for notice and the opportunity to be heard1 including the opportunity to present relevant evidence1 including witness testimony2 7,c7 that the employee or former employee may be represented by counsel2 7,d7 that the employee or former employee has a right to a decision based on the record developed during the appeal2 7,e7 that not more than #ahj 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 head1 unless-- 7i7 the employee and the agency concerned agree to an extension2 or 7ii7 the impartial fact-finder determines in writing that a greater period of time is required in the interest of fairness or national security2 7,f7 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 security1 including ex parte submissions if the agency determines that the interests of national security so warrant2 and 7,g7 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 affairs1 except evidence necessary to establish that the employee made the disclosure or communication such employee alleges was protected by subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7j77#a74 4 7b7 ,retaliatory revocation of security clearances and access determinations ,section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7 is amended by adding at the end the following3 7j7 ,retaliatory revocation of security clearances and access determinations 7#a7 ,in general ,agency personnel with authority over personnel security clearance or access determinations shall not take or fail to take1 or threaten to take or fail to take1 any action with respect to any employee's security clearance or access determination because of-- 7,a7 any disclosure of information to the ,director of ,national ,intelligence 7or an employee designated by the ,director of ,national ,intelligence for such purpose7 or the head of the employing agency 7or employee designated by the head of that agency for such purpose7 by an employee that the employee reasonably believes evidences-- 7i7 a violation of any law1 rule1 or regulation2 or 7ii7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 7,b7 any disclosure to the ,inspector ,general of an agency or another employee designated by the head of the agency to receive such disclosures1 of information which the employee reasonably believes evidences-- 7i7 a violation of any law1 rule1 or regulation2 or 7ii7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 7,c7 any communication that complies with-- 7i7 subsections 7a77#a71 7d71 and 7h7 of section #h;,h of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app472 7ii7 subparagraphs 7,a71 7,d71 and 7,h7 of section #ag7;d77#e7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;d77#e772 or 7iii7 subparagraphs 7,a71 7,d71 and 7,i7 of section #ajc;,h7k77#e7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e772 and 7,d7 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-- 7i7 the exercise of any appeal1 complaint1 or grievance right granted by any law1 rule1 or regulation2 7ii7 testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause 7i72 or 7iii7 cooperating with or disclosing information to the ,inspector ,general of an agency1 in accordance with applicable provisions of law in connection with an audit1 inspection1 or investigation conducted by the ,inspector ,general4 7#b7 ,rule of construction ,consistent with the protection of sources and methods1 nothing in paragraph 7#a7 shall be construed to authorize the withholding of information from ,congress or the taking of any personnel action against an employee who discloses information to ,congress4 7#c7 ,disclosures 7,a7 ,in general ,a disclosure shall not be excluded from paragraph 7#a7 because-- 7i7 the disclosure was made to a person1 including a supervisor1 who participated in an activity that the employee reasonably believed to be covered by paragraph 7#a77;,a77ii72 7ii7 the disclosure revealed information that had been previously disclosed2 7iii7 of the employee's motive for making the disclosure2 7iv7 the disclosure was not made in writing2 7v7 the disclosure was made while the employee was off duty2 or 7vi7 of the amount of time which has passed since the occurrence of the events described in the disclosure4 7,b7 ,reprisals ,if a disclosure is made during the normal course of duties of an employee1 the disclosure shall not be excluded from paragraph 7#a7 if any employee who has authority to take1 direct others to take1 recommend1 or approve any personnel action with respect to the employee making the disclosure1 took1 failed to take1 or threatened to take or fail to take a personnel action with respect to that employee in reprisal for the disclosure4 7#d7 ,agency adjudication 7,a7 ,remedial procedure ,an employee or former employee who believes that he or she has been subjected to a reprisal prohibited by paragraph 7#a7 may1 within #ij days after the issuance of notice of such decision1 appeal that decision within the agency of that employee or former employee through proceedings authorized by subsection 7b77#g71 except that there shall be no appeal of an agency's suspension of a security clearance or access determination for purposes of conducting an investigation1 if that suspension lasts not longer than #a year 7or a longer period in accordance with a certification made under subsection 7b77#g774 7,b7 ,corrective action ,if1 in the course of proceedings authorized under subparagraph 7,a71 it is determined that the adverse security clearance or access determination violated paragraph 7#a71 the agency shall take specific corrective action to return the employee or former employee1 as nearly as practicable and reasonable1 to the position such employee or former employee would have held had the violation not occurred4 ,such corrective action shall include reasonable attorney's fees and any other reasonable costs incurred1 and may include back pay and related benefits1 travel expenses1 and compensatory damages not to exceed #cjj1jjj4 7,c7 ,contributing factor ,in determining whether the adverse security clearance or access determination violated paragraph 7#a71 the agency shall find that paragraph 7#a7 was violated if a disclosure described in paragraph 7#a7 was a contributing factor in the adverse security clearance or access determination taken against the individual1 unless the agency demonstrates by a preponderance of the evidence that it would have taken the same action in the absence of such disclosure1 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 matter4 7#e7 ,appellate review of security clearance access determinations by ,director of ,national ,intelligence 7,a7 ,definition ,in this paragraph1 the term ,board means the appellate review board established under section #fjd7;b7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjad4 7,b7 ,appeal ,within #fj days after receiving notice of an adverse final agency determination under a proceeding under paragraph 7#d71 an employee or former employee may appeal that determination to the ,board4 7,c7 ,policies and procedures ,the ,board1 in consultation with the ,attorney ,general1 ,director of ,national ,intelligence1 and the ,secretary of ,defense1 shall develop and implement policies and procedures for adjudicating the appeals authorized by subparagraph 7,b74 ,the ,director of ,national ,intelligence and ,secretary of ,defense shall jointly approve any rules1 regulations1 or guidance issued by the ,board concerning the procedures for the use or handling of classified information4 7,d7 ,review ,the ,board's review shall be on the complete agency record1 which shall be made available to the ,board4 ,the ,board may not hear witnesses or admit additional evidence4 ,any portions of the record that were submitted ex parte during the agency proceedings shall be submitted ex parte to the ,board4 7,e7 ,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 that1 if admitted1 would have a substantial likelihood of altering the outcome1 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 ,board4 7,f7 ,de novo determination ,the ,board shall make a de novo determination1 based on the entire record and under the standards specified in paragraph 7#d71 of whether the employee or former employee received an adverse security clearance or access determination in violation of paragraph 7#a74 ,in considering the record1 the ,board may weigh the evidence1 judge the credibility of witnesses1 and determine controverted questions of fact4 ,in doing so1 the ,board may consider the prior fact-finder's opportunity to see and hear the witnesses4 7,g7 ,adverse security clearance or access determination ,if the ,board finds that the adverse security clearance or access determination violated paragraph 7#a71 the ,board shall separately determine whether reinstating the security clearance or access determination is clearly consistent with the interests of national security1 with any doubt resolved in favor of national security1 under ,executive ,order #abifh 7#fj ,fed4 ,reg4 #djbde2 relating to access to classified information7 or any successor thereto 7including any adjudicative guidelines promulgated under such orders7 or any subsequent ,executive order1 regulation1 or policy concerning access to classified information4 7,h7 ,remedies 7i7 ,corrective action ,if the ,board finds that the adverse security clearance or access determination violated paragraph 7#a71 the ,board shall order the agency head to take specific corrective action to return the employee or former employee1 as nearly as practicable and reasonable1 to the position such employee or former employee would have held had the violation not occurred4 ,such corrective action shall include reasonable attorney's fees and any other reasonable costs incurred1 and may include back pay and related benefits1 travel expenses1 and compensatory damages not to exceed #cjj1jjj4 ,the ,board may recommend1 but may not order1 reinstatement or hiring of a former employee4 ,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 branch4 ,any corrective action shall not include the reinstating of any security clearance or access determination4 ,the agency head shall take the actions so ordered within #ij days1 unless the ,director of ,national ,intelligence1 the ,secretary of ,energy1 or the ,secretary of ,defense1 in the case of any component of the ,department of ,defense1 determines that doing so would endanger national security4 7ii7 ,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 security1 the ,board shall recommend such action to the head of the entity selected under subsection 7b7 and the head of the affected agency4 7,i7 ,congressional ,notification 7i7 ,orders ,consistent with the protection of sources and methods1 at the time the ,board issues an order1 the ,chairperson of the ,board shall notify-- 7,i7 the ,committee on ,homeland ,security and ,government ,affairs of the ,senate2 7,,ii7 the ,select ,committee on ,intelligence of the ,senate2 7,,iii7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7,,iv7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7,v7 the committees of the ,senate and the ,house of ,representatives that have jurisdiction over the employing agency1 including in the case of a final order or decision of the ,defense ,intelligence ,agency1 the ,national ,geospatial-,intelligence ,agency1 the ,national ,security ,agency1 or the ,national ,reconnaissance ,office1 the ,committee on ,armed ,services of the ,senate and the ,committee on ,armed ,services of the ,house of ,representatives4 7ii7 ,recommendations ,if the agency head and the head of the entity selected under subsection 7b7 do not follow the ,board's recommendation to reinstate a clearance1 the head of the entity selected under subsection 7b7 shall notify the committees described in subclauses 7,i7 through 7,v7 of clause 7i74 7#f7 ,judicial review ,nothing in this section shall be construed to permit or require judicial review of any-- 7,a7 agency action under this section2 or 7,b7 action of the appellate review board established under section #fjd7;b7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjad4 7#g7 ,private cause of action ,nothing in this section shall be construed to permit1 authorize1 or require a private cause of action to challenge the merits of a security clearance determination4 4 7c7 ,access determination defined ,section #cjja7;a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;a77 is amended by adding at the end the following3 7#i7 ,the term access determination means the determination regarding whether an employee-- 7,a7 is eligible for access to classified information in accordance with ,executive ,order #abifh 7#fj ,fed4 ,reg4 #djbde2 relating to access to classified information71 or any successor thereto1 and ,executive ,order #ajhfe 7#be ,fed4 ,reg4 #aehc2 relating to safeguarding classified information with industry71 or any successor thereto2 and 7,b7 possesses a need to know under such an ,order4 4 7d7 ,rule of construction ,nothing in section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda71 as amended by this title1 shall be construed to require the repeal or replacement of agency appeal procedures implementing ,executive ,order #abifh 7#fj ,fed4 ,reg4 #djbde2 relating to access to classified information71 or any successor thereto1 and ,executive ,order #ajhfe 7#be ,fed4 ,reg4 #aehc2 relating to safeguarding classified information with industry71 or any successor thereto1 that meet the requirements of paragraph 7#g7 of section #cjja7;b7 of such ,act1 as added by this section4 #fjc4 ,revisions of other laws 7a7 ,inspector ,general ,act of #aigh ,section #h;,h of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in subsection 7b7-- 7,a7 by inserting 7#a7 after 7b72 and 7,b7 by adding at the end the following3 7#b7 ,if the head of an establishment determines that a complaint or information transmitted under paragraph 7#a7 would create a conflict of interest for the head of the establishment1 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 and1 if the establishment is within the ,department of ,defense1 to the ,secretary of ,defense4 ,in such a case1 the requirements of this section for the head of the establishment apply to each recipient of the ,inspector ,general's transmission4 ,each recipient of the ,inspector ,general's transmission shall consult with the members of the appellate review board established under section #fjd7;b7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjad regarding all transmissions under this paragraph4 2 7#b7 by designating subsection 7h7 as subsection 7i72 and 7#c7 by inserting after subsection 7g71 the following3 7h7 ,an individual who has submitted a complaint or information to an ,inspector ,general under this section may notify any member of ,congress or congressional staff member of the fact that such individual has made a submission to that particular ,inspector ,general1 and of the date on which such submission was made4 4 7b7 ,central ,intelligence ,agency ,section #ag7;d77#e7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;d77#e77 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 by inserting 7i7 after 7,b72 and 7,b7 by adding at the end the following3 7ii7 ,if the ,director determines that a complaint or information transmitted under paragraph 7#a7 would create a conflict of interest for the ,director1 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 ,intelligence4 ,in such a case1 the requirements of this subsection for the ,director apply to the ,director of ,national ,intelligence4 ,the ,director of ,national ,intelligence shall consult with the members of the appellate review board established under section #fjd7;b7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjad regarding all transmissions under this clause4 2 and 7#b7 by adding at the end the following3 7,h7 ,an individual who has submitted a complaint or information to the ,inspector ,general under this section may notify any member of ,congress or congressional staff member of the fact that such individual has made a submission to the ,inspector ,general1 and of the date on which such submission was made4 4 7c7 ,national ,security ,act of #aidg ,section #ajc;,h7k77#e7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e77 is amended by adding at the end the following3 7,i7 ,an individual who has submitted a complaint or information to the ,inspector ,general under this section may notify any member of ,congress or congressional staff member of the fact that such individual has made a submission to the ,inspector ,general1 and of the date on which such submission was made4 4 #fjd4 ,regulations2 reporting requirements2 nonapplicability to certain terminations 7a7 ,definitions ,in this section3 7#a7 ,congressional oversight committees ,the term congressional oversight committees means-- 7,a7 the congressional intelligence committees2 7,b7 the ,committee on ,homeland ,security and ,government ,affairs of the ,senate2 and 7,c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7#b7 ,intelligence community element ,the term intelligence community element-- 7,a7 means-- 7i7 the ,central ,intelligence ,agency1 the ,defense ,intelligence ,agency1 the ,national ,geospatial-,intelligence ,agency1 the ,national ,security ,agency1 the ,office of the ,director of ,national ,intelligence1 and the ,national ,reconnaissance ,office2 and 7ii7 any executive agency or unit thereof determined by the ,president under section #bcjb7;a77#b77;,c77ii7 of title #e1 ,united ,states ,code1 to have as its principal function the conduct of foreign intelligence or counterintelligence activities2 and 7,b7 does not include the ,federal ,bureau of ,investigation4 7b7 ,regulations 7#a7 ,in general ,in consultation with the ,secretary of ,defense1 the ,director of ,national ,intelligence shall prescribe regulations to ensure that a personnel action shall not be taken against an employee of an intelligence community element as a reprisal for any disclosure of information described in section #bcjc;,a7b7 of title #e1 ,united ,states ,code1 as added by this title4 7#b7 ,appellate review board ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in consultation with the ,secretary of ,defense1 the ,attorney ,general1 and the heads of appropriate agencies1 shall establish an appellate review board that is broadly representative of affected ,departments and agencies and is made up of individuals with expertise in merit systems principles and national security issues-- 7,a7 to hear whistleblower appeals related to security clearance access determinations described in subsection 7j7 of section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda71 as added by this title2 and 7,b7 that shall include a subpanel that reflects the composition of intelligence community elements1 which shall-- 7i7 be composed of intelligence community elements and inspectors general from intelligence community elements1 for the purpose of hearing cases that arise in intelligence community element2 and 7ii7 include the ,inspector ,general of the ,intelligence ,community and the ,inspector ,general of the ,department of ,defense4 7c7 ,report on the status of implementation of regulations ,not later than #b years after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit a report on the status of the implementation of the regulations promulgated under subsection 7b7 to the congressional oversight committees4 7d7 ,nonapplicability to certain terminations ,section #bcjc;,a of title #e1 ,united ,states ,code1 as added by this title1 and section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda71 as amended by this title1 shall not apply if the affected employee is concurrently terminated under-- 7#a7 section #afji of title #aj1 ,united ,states ,code2 7#b7 the authority of the ,director of ,national ,intelligence under section #ajb;,a7m7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd7m771 if-- 7,a7 the ,director personally summarily terminates the individual2 and 7,b7 the ,director-- 7i7 determines the termination to be in the interest of the ,united ,states2 7ii7 determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security2 and 7iii7 not later than #e days after such termination1 notifies the congressional oversight committees of the termination2 7#c7 the authority of the ,director of the ,central ,intelligence ,agency under section #ajd;,a7e7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcf7;e771 if-- 7,a7 the ,director personally summarily terminates the individual2 and 7,b7 the ,director-- 7i7 determines the termination to be in the interest of the ,united ,states2 7ii7 determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security2 and 7iii7 not later than #e days after such termination1 notifies the congressional oversight committees of the termination2 or 7#d7 section #gecb of title #e1 ,united ,states ,code1 if-- 7,a7 the agency head personally terminates the individual2 and 7,b7 the agency head-- 7i7 determines the termination to be in the interest of the ,united ,states2 7ii7 determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security2 and 7iii7 not later than #e days after such termination1 notifies the congressional oversight committees of the termination4 ,,vii ,other matters #gja4 ,repeal of the termination of notification requirements regarding the authorized disclosure of national intelligence ,section #ejd of the ,intelligence ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bgg2 #abf ,stat4 #bdgg7 is amended by striking subsection 7e74 #gjb4 ,gifts1 devises1 and bequests ,section #ab of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceab7 is amended-- 7#a7 by striking the section heading and inserting ,gifts1 devises1 and bequests2 7#b7 in subsection 7a77#b7-- 7,a7 by inserting by the ,director as a gift to the ,agency after accepted2 and 7,b7 by striking this section1 and inserting subsection 7a712 7#c7 in subsection 7b71 by striking this section1 and inserting subsection 7a712 7#d7 in subsection 7c71 by striking this section1 and inserting subsection 7a712 7#e7 in subsection 7d71 by striking this section and inserting subsection 7a72 7#f7 by redesignating subsection 7f7 as subsection 7g72 and 7#g7 by inserting after subsection 7e7 the following3 7f7 7#a7 ,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 welfare1 education1 or recreation of ,agency employees1 former ,agency employees1 or their family members4 7#b7 ,in this subsection1 the term fundraising means the raising of funds through the active participation in the promotion1 production1 or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means4 4 #gjc4 ,budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go-,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,senate ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,november #ab1 #bjac,read twice and placed on the calendar