Library / Laws / 113th / s / S. 2741 / Placed on Calendar (Senate)
II
Calendar No. 519
113th CONGRESS
2d Session
S. 2741
[Report No. 113–233]
IN THE SENATE OF THE UNITED STATES
July 31, 2014
Mrs. Feinstein, from the Select Committee on Intelligence, reported the following original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 2015 for intelligence and intelligence-related
activities of the United States Government, the Community Management
Account, and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2015.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary effects.
TITLE I—Intelligence activities
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II—Central Intelligence Agency Retirement and Disability System
Sec. 201. Authorization of appropriations.
TITLE III—General provisions
Subtitle A—General Matters
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Quadrennial Intelligence Strategic Review.
Sec. 304. Management and oversight of financial intelligence.
Sec. 305. Plan for applying private sector best practices to improving insider threat detection.
Sec. 306. Procedures for the retention of incidentally acquired communications.
Sec. 307. Feasibility study on consolidating classified cyber threat indicator and malware
databases.
Sec. 308. Sense of Congress on cybersecurity threat and cybercrime cooperation with Ukraine.
Sec. 309. Replacement of locally employed staff serving at United States diplomatic facilities in
the Russian Federation.
Sec. 310. Inclusion of restricted access spaces in United States diplomatic facilities in the
Russian Federation and adjacent countries.
Subtitle B—Reporting
Sec. 311. Report on declassification process.
Sec. 312. Report on intelligence community efficient spending targets.
Sec. 313. Annual report on violations of law or executive order.
Sec. 314. Annual report on intelligence activities of the Department of Homeland Security.
Sec. 315. Report on intelligence sharing with Ukraine.
Sec. 316. Report on political prison camps in North Korea.
2.
Definitions
In this Act:
(1)
Congressional intelligence committees
The term congressional intelligence committees means—
(A)
the Select Committee on Intelligence of the Senate; and
(B)
the Permanent Select Committee on Intelligence of the House of Representatives.
(2)
Intelligence community
The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
3.
Budgetary effects
The budgetary effects of this Act, for the purpose of complying with the Statutory
Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest
statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate
Budget Committee, provided that such statement has been submitted prior to
the vote on passage.
I
Intelligence activities
101.
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2015 for the conduct of the
intelligence and intelligence-related activities of the following elements
of the United States Government:
(1)
The Office of the Director of National Intelligence.
(2)
The Central Intelligence Agency.
(3)
The Department of Defense.
(4)
The Defense Intelligence Agency.
(5)
The National Security Agency.
(6)
The Department of the Army, the Department of the Navy, and the Department of the Air Force.
(7)
The Coast Guard.
(8)
The Department of State.
(9)
The Department of the Treasury.
(10)
The Department of Energy.
(11)
The Department of Justice.
(12)
The Federal Bureau of Investigation.
(13)
The Drug Enforcement Administration.
(14)
The National Reconnaissance Office.
(15)
The National Geospatial-Intelligence Agency.
(16)
The Department of Homeland Security.
102.
Classified Schedule of Authorizations
(a)
Specifications of amounts and personnel levels
The amounts authorized to be appropriated under section 101 and, subject to section 103, the
authorized personnel ceilings as of September 30, 2015, for the conduct of
the intelligence activities of the elements listed in paragraphs (1)
through (16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany the bill S. ____ of the
One Hundred Thirteenth Congress.
(b)
Availability of classified Schedule of Authorizations
(1)
Availability
The classified Schedule of Authorizations referred to in subsection (a) shall be made available to
the Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the President.
(2)
Distribution by the President
Subject to paragraph (3), the President shall provide for suitable distribution of the classified
Schedule of Authorizations, or of appropriate portions of the Schedule,
within the executive branch.
(3)
Limits on disclosure
The President shall not publicly disclose the classified Schedule of Authorizations or any portion
of such Schedule except—
(A)
as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of
2007 (50 U.S.C. 3306(a));
(B)
to the extent necessary to implement the budget; or
(C)
as otherwise required by law.
103.
Personnel ceiling adjustments
(a)
Authority for increases
The Director of National Intelligence may authorize employment of civilian personnel in excess of
the number authorized for fiscal year 2015 by the classified Schedule of
Authorizations referred to in section 102(a) if the Director of National
Intelligence determines that such action is necessary to the performance
of important intelligence functions, except that the number of personnel
employed in excess of the number authorized under such section may not,
for any element of the intelligence community, exceed 3 percent of the
number of civilian personnel authorized under such Schedule for such
element.
(b)
Treatment of certain personnel
The Director of National Intelligence shall establish guidelines that govern, for each element of
the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in—
(1)
a student program, trainee program, or similar program;
(2)
a reserve corps or as a reemployed annuitant; or
(3)
details, joint duty, or long term, full-time training.
(c)
Notice to congressional intelligence committees
The Director of National Intelligence shall notify the congressional intelligence committees in
writing at least 15 days prior to each exercise of an authority described
in subsection (a).
104.
Intelligence Community Management Account
(a)
Authorization of appropriations
There is authorized to be appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2015 the sum of
$511,194,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in
section 102(a) for advanced research and development shall remain
available until September 30, 2016.
(b)
Authorized personnel levels
The elements within the Intelligence Community Management Account of the Director of National
Intelligence are authorized 794 positions as of September 30, 2015.
Personnel serving in such elements may be permanent employees
of the Office of the Director of National Intelligence or personnel
detailed from other elements of the United States Government.
(c)
Classified authorizations
(1)
Authorization of appropriations
In addition to amounts authorized to be appropriated for the Intelligence Community Management
Account by subsection (a), there are authorized to be appropriated for the
Community Management Account for fiscal year 2015 such additional amounts
as are specified in the classified Schedule of Authorizations referred to
in section 102(a). Such additional amounts for advanced research and
development shall remain available until September 30, 2016.
(2)
Authorization of personnel
In addition to the personnel authorized by subsection (b) for elements of the Intelligence
Community Management Account as of September 30, 2015, there are
authorized such additional personnel for the Community Management Account
as of that date as are specified in the classified Schedule of
Authorizations referred to in section 102(a).
II
Central Intelligence Agency Retirement and Disability System
201.
Authorization of appropriations
There is authorized to be appropriated for the Central Intelligence Agency Retirement and
Disability Fund for fiscal year 2015 the sum of $514,000,000.
III
General provisions
A
General Matters
301.
Increase in employee compensation and benefits authorized by law
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal
employees may be increased by such additional or supplemental amounts as
may be necessary for increases in such compensation or benefits authorized
by law.
302.
Restriction on conduct of intelligence activities
The authorization of appropriations by this Act shall not be deemed to constitute authority for the
conduct of any intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
303.
Quadrennial Intelligence Strategic Review
(a)
In general
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by inserting after
section 108 the following:
108A.
Quadrennial Intelligence Strategic Review
(a)
Requirement for review
Beginning in 2017, and once every four years thereafter, the Director of National Intelligence
shall
conduct a comprehensive review of the intelligence strategy,
capabilities,
structure, policies, infrastructure, budget plans, and
other relevant aspects of intelligence programs and activities of the
United States to meet
national security
objectives for the next ten years. Such a review shall be known as a Quadrennial Intelligence Strategic Review.
(b)
Consultation
The Director of National Intelligence shall conduct each Quadrennial Intelligence Strategic Review
required by subsection (a)
in consultation with—
(1)
the heads of appropriate agencies and departments of the United States, including the Secretary of
Defense, the Attorney General, the
Secretary of State, the Secretary of the Treasury, the Secretary of
Homeland Security, and the Director of the Office of Management and
Budget;
(2)
the head of each element of the intelligence community and other appropriate officials in the
intelligence
community; and
(3)
other relevant governmental and nongovernmental officials, including State, local, and tribal
government officials, members of Congress, private sector representatives,
academics, and other experts.
(c)
Conduct of review
Each Quadrennial Intelligence Strategic Review required by subsection (a) shall—
(1)
delineate a national intelligence strategy consistent with—
(A)
the most recent national security
strategy report submitted pursuant to section 108;
(B)
the intelligence
strategies of other departments and agencies of the United States; and
(C)
other national-level plans;
(2)
address matters related to national and military intelligence, including counterintelligence;
(3)
describe the products, services, and support that United States intelligence should provide to
advance national interests and objectives of the United States;
(4)
identify the major national security missions that the intelligence community is currently pursuing
and will purse in the future, and how the intelligence community will
pursue such missions;
(5)
assess the current, emerging, and future threats to the intelligence community, including threats
from
foreign intelligence and security services and insider threats, and
how the intelligence community plans to address such threats;
(6)
outline the organizational roles and missions of the elements of the intelligence community as part
of an
integrated enterprise to meet current, emerging, and future customer
demands;
(7)
describe the levels and types of partnerships, including partnerships with foreign intelligence
and security
services, industry, and other agencies and departments of the United
States, required to
implement the strategy described in paragraph (1);
(8)
describe the levels and types of capabilities, including personnel, technologies, and platforms,
required
to implement the strategy described in paragraph
(1);
(9)
identify sources of strategic, institutional, programmatic, technological, and interoperability
risks, and how the intelligence community plans to address such risks;
(10)
address budgetary and personnel requirements; and
(11)
describe how the intelligence community will implement the strategy described in
paragraph (1), while
comporting with democratic norms and values.
(d)
Requirement for report
(1)
In general
The Director of National Intelligence shall submit to the
congressional intelligence committees a report on each Quadrennial
Intelligence Strategic Review required by subsection (a).
(2)
Timing of submission
Each report shall be submitted in
the year following the year in which the Quadrennial Intelligence
Strategic Review is conducted, not
later than the date on which the President submits the budget for the next
fiscal year under section 1105(a) of title 31, United States
Code.
(3)
Content
Each report required by paragraph (1) shall include the following:
(A)
The results of the Quadrennial Intelligence Strategic Review, including a comprehensive discussion
of national intelligence strategy
in the context of national security interests and objectives.
(B)
A description of the assumptions used in the Quadrennial Intelligence Strategic Review, including
assumptions related to—
(i)
the anticipated security
environment;
(ii)
the role of foreign services, commercial partners, and
contractors;
(iii)
fiscal conditions; and
(iv)
anticipated foreign competitor
response.
(C)
The size, distribution, and types of capabilities that will be required to carry out the strategy
described in subsection (c)(1), including capabilities for collection,
language competency, and information technology.
(D)
The role of agencies and departments of the United States that are not elements of the intelligence
community to support the
strategy described in subsection (c)(1).
(E)
An analysis of the organizational roles and missions between and among the elements in the
intelligence community, other agencies and departments of the United
States, and State, local, tribal, and territorial governments in
supporting the strategy described in subsection (c)(1).
(F)
An analysis of how laws, policies, regulations, international norms, and democratic values guide
United States intelligence.
.
(b)
Table of contents amendments
The table of contents in the first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 108 the following new item:
Sec. 108A. Quadrennial Intelligence Strategic Review.
.
304.
Management and oversight of financial intelligence
(a)
Requirement for plan
Not later than 90 days after the date of the enactment of this Act, the Director of National
Intelligence shall prepare a
plan for management of the elements of the intelligence community that
carry out financial intelligence activities.
(b)
Contents of plan
The plan required by subsection (a) shall establish a governance framework, procedures for sharing
and harmonizing the acquisition and use of financial analytic tools,
standards for quality of analytic products, procedures for oversight and
evaluation of resource allocations associated with the joint development
of information sharing efforts and tools,
and an education and training
model for elements of the intelligence community that carry out financial
intelligence activities.
(c)
Briefing to Congress
Not later than 180 days after the date of the enactment of this Act, the Director of National
Intelligence shall brief the congressional intelligence committees on the
actions the Director proposes to implement the plan required by subsection
(a).
305.
Plan for applying private sector best practices to improving insider threat detection
(a)
Requirement for plan
Not later than 180 days after the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the National Counterintelligence
Executive, shall submit to the congressional intelligence committees a
strategic plan for applying private sector best practices for employee
access and monitoring systems to certain positions within the intelligence
community, in accordance with applicable legal authorities and with
appropriate privacy and civil liberties protections.
(b)
Content
The plan required by subsection (a) shall include—
(1)
a review of how the intelligence community could better utilize private sector hiring and human
resources best practices to screen, vet, and validate the credentials,
capabilities, and character of applicants for positions involving trusted
access to sensitive information;
(2)
an analysis of private sector policies for holding supervisors and subordinates accountable for
violations of established security protocols and whether the intelligence
community should adopt similar policies for positions of trusted access to
sensitive information;
(3)
an assessment of the feasibility of applying mandatory leave policies, similar to those endorsed by
the Federal Deposit Insurance Corporation and the Securities and Exchange
Commission to identify fraud in the financial services industry, to
certain positions within the intelligence community; and
(4)
recommendations for how the intelligence community could utilize private sector risk indices, such
as credit risk scores, to make determinations about employee access to
sensitive information.
306.
Procedures for
the retention of incidentally acquired communications
(a)
Definitions
In
this section:
(1)
Covered
communication
The term covered communication means
any nonpublic telephone or electronic communication acquired without the
consent of a person who is a party to the communication, including
communications in electronic storage.
(2)
Head of an
element of the intelligence community
The term head of an
element of the intelligence community means, as appropriate—
(A)
the head of an
element of the intelligence community; or
(B)
the head of the
department or agency containing such element.
(3)
United States
person
The term United States person has the meaning
given that term in section 101 of the Foreign Intelligence Surveillance
Act of
1978 (50 U.S.C. 1801).
(b)
Procedures for
covered communications
(1)
Requirement to
adopt
Not later than 2 years after the date of the enactment of
this Act each head of an element of the intelligence community shall adopt
procedures approved by the Attorney General for such element that ensure
compliance with the requirements of paragraph (3).
(2)
Coordination
and approval
The procedures required by paragraph (1) shall
be—
(A)
prepared in
coordination with the Director of National Intelligence; and
(B)
approved by the
Attorney General prior to issuance.
(3)
Procedures
The
procedures required by paragraph (1) shall apply to any intelligence
collection
activity that is reasonably anticipated to result in the acquisition of
covered
communications to or from a United States person not otherwise
authorized by court order (including an order issued by a court
established under subsection (a) or (b) of section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803)), subpoena, or
similar legal process and shall
permit the
acquisition, retention, and dissemination of covered communications
subject to
the following limitations:
(A)
A
covered communication shall not be retained in excess of
5 years, unless—
(i)
the
communication has been affirmatively determined, in whole or in part, to
constitute foreign intelligence or counterintelligence or is necessary to
understand or assess foreign intelligence or counterintelligence;
(ii)
the communication is reasonably believed to constitute evidence of a crime and is retained by a law
enforcement agency;
(iii)
the communication is enciphered or reasonably believed to have a secret meaning;
(iv)
all parties to
the communication are reasonably believed to be non-United States persons;
(v)
retention is
necessary to protect against an imminent threat to human life, in which
case
both the nature of the threat and the information to be retained shall be
reported to the congressional intelligence committees not later than 30
days
after the date such retention is extended under this clause;
(vi)
retention is
necessary for technical assurance or compliance purposes, in which case
access
to information retained for technical assurance or compliance purposes
shall be
reported to the congressional intelligence committees on an annual basis;
or
(vii)
retention for a
period in excess of 5 years is approved by the head of the element of the
intelligence community responsible for such retention, based on a
determination that retention is necessary to
protect the national security of the United States, in which case the head
of such element shall
provide to the congressional intelligence committees a written
certification describing—
(I)
the reasons
extended retention is necessary to protect the national security of the
United
States;
(II)
the duration for which the head of the element is authorizing retention;
(III)
the particular
information to be retained; and
(IV)
the measures
the element of the intelligence community is taking to protect the privacy
interests of United States persons or persons located inside the United
States.
(B) Access to covered communications shall be limited to persons who have a legitimate
need to
know and have received training on application of the applicable
procedures
approved by the Attorney General.
307.
Feasibility study on consolidating classified cyber threat indicator and malware databases
(a)
In general
Not later than 180 days after the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Homeland Security, the
Director of the National Security Agency, the Director of the Central
Intelligence Agency, and the Director of the Federal Bureau of
Investigation, shall conduct a feasibility study on consolidating
classified cyber
threat indicator and malware sample databases in the intelligence
community.
(b)
Elements
The feasibility study required by subsection (a) shall include the following:
(1)
An inventory of classified cyber threat indicator and malware sample databases in the intelligence
community.
(2)
An assessment of actions that could be carried out to consolidate such databases to achieve the
greatest possible information sharing within the intelligence community
and cost savings for the Federal Government.
(3)
An assessment of any collection sensitivities and authority concerns preventing such consolidation.
(4)
An assessment of whether the Intelligence Community Information Technology Enterprise can support
such consolidation.
(c)
Report to Congress
Not later than 30 days after the date on which the Director of National Intelligence completes the
feasibility study required by subsection (a), the Director shall submit to
the
congressional intelligence committees a written report that summarizes the
feasibility study, including the information required under subsection
(b).
308.
Sense of Congress on cybersecurity threat and cybercrime cooperation with Ukraine
It is the sense of Congress that—
(1)
cooperation between the intelligence and law enforcement agencies of the United States and Ukraine
should be increased to improve cybersecurity policies between these two
countries;
(2)
the United States should pursue improved extradition procedures among the Governments of the United
States, Ukraine, and other countries from which cybercriminals target
United States citizens and entities;
(3)
the President should—
(A)
initiate a round of formal United States-Ukraine bilateral talks on cybersecurity threat and
cybercrime
cooperation, with additional multilateral talks that include other law
enforcement partners such as Europol and Interpol; and
(B)
work to obtain a commitment from the Government of Ukraine to end the previous practice of ignoring
cybercrime directed at persons outside Ukraine and to work with the
United States and other allies to deter and convict known cybercriminals;
(4)
the President should establish a capacity building program with the Government of Ukraine, which
could include—
(A)
a joint effort to improve cyber capacity building, including intelligence and law enforcement
services in Ukraine;
(B)
sending United States law enforcement agents to aid law enforcement agencies in Ukraine in
investigating cybercrimes; and
(C)
agreements to improve communications networks to enhance law enforcement cooperation, such as a
hotline directly connecting law enforcement agencies in the United States
and Ukraine; and
(5)
the President should establish and maintain an intelligence and law enforcement cooperation
scorecard with metrics designed to measure the number of instances that
intelligence and law enforcement agencies in the United States request
assistance from intelligence and law enforcement agencies in Ukraine and
the number and type of responses received to such requests.
309.
Replacement of locally employed staff serving at United States diplomatic facilities in
the Russian Federation
(a)
Employment requirement
(1)
In general
The Secretary of State shall ensure that, not later than one year after the date of the enactment
of
this Act, every supervisory position at a United States diplomatic
facility in the Russian Federation shall be occupied by a citizen of the
United States who has passed, and shall be
subject to, a thorough background check.
(2)
Extension
The Secretary of State may extend the deadline under paragraph (1) for up to one year by providing
advance written notification and justification of such extension to the
appropriate
congressional
committees.
(3)
Progress report
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report on progress
made toward meeting the employment requirement under paragraph (1).
(b)
Plan for reduced use of locally employed staff
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in
coordination with other appropriate government agencies, shall submit to
the appropriate congressional committees a plan to
further reduce the reliance on locally employed staff in United States
diplomatic facilities in the Russian Federation. The plan shall, at a
minimum, include cost estimates, timelines, and numbers of employees to be
replaced.
(c)
Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on
Intelligence, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee
on Intelligence, and the Committee on Appropriations of the House of
Representatives.
310.
Inclusion of restricted access spaces in United States diplomatic facilities in the Russian
Federation and adjacent
countries
(a)
Restricted access space requirement
Each United States diplomatic facility that, after the date of the enactment of this Act, is
constructed in, or undergoes a construction upgrade in, the Russian
Federation, any country that shares a land border with the Russian
Federation, or any country that is a former member of the Soviet Union
shall be constructed to include a restricted access space.
(b)
National security waiver
The Secretary of State may waive the requirement under subsection (a) if the Secretary determines
that it is in the national security interest of the United States and
submits a written justification to the appropriate congressional
committees not later than 180 days before exercising such waiver.
(c)
Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on
Intelligence, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee
on Intelligence, and the Committee on Appropriations of the House of
Representatives.
B
Reporting
311.
Report on declassification process
Not later than 180 days after the date of the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report describing—
(1)
proposals to improve the declassification process throughout the intelligence community; and
(2) steps the intelligence community could take, or legislation that may be necessary, to enable the
National Declassification Center to better accomplish the missions
assigned to the Center by Executive Order No. 13526 (75 Fed. Reg. 707).
312.
Report on intelligence community efficient spending targets
(a)
In general
Not later than April 1, 2016, and April 1, 2017, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on the status
and effectiveness of efforts to reduce administrative costs for the
intelligence community during the preceding year.
(b)
Elements
Each report under subsection (a) shall include for each element of the intelligence community the
following:
(1) A description of the status and effectiveness of efforts to devise alternatives to government
travel and promote efficient travel spending, such as teleconferencing and
video conferencing.
(2) A description of the status and effectiveness of efforts to limit costs related to hosting and
attending conferences.
(3) A description of the status and effectiveness of efforts to assess information technology
inventories and usage, and establish controls, to reduce costs related to
underutilized information technology equipment, software, or services.
(4) A description of the status and effectiveness of efforts to limit the publication and printing of
hard copy documents.
(5) A description of the status and effectiveness of efforts to improve the performance of Federal
fleet motor vehicles and limit executive transportation.
(6) A description of the status and effectiveness of efforts to limit the purchase of extraneous
promotional items, such as plaques, clothing, and commemorative items.
(7) A description of the status and effectiveness of efforts to consolidate and streamline workforce
training programs to focus on the highest priority workforce and mission
needs.
(8) Such other matters relating to efforts to reduce intelligence community administrative costs as the
Director may specify for purposes of this section.
313.
Annual report on violations of law or executive order
(a)
In general
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.)
is amended by adding at the end the following:
511.
Annual report on violations of law or executive order
(a)
Annual reports required
The Director of National Intelligence shall annually submit to the congressional intelligence
committees a report on violations of law or executive order by personnel
of an element of the intelligence community that were identified during
the previous calendar year.
(b)
Elements
Each report submitted under subsection (a) shall, consistent with the need to preserve ongoing
criminal investigations, include a description of, and any action taken in
response to, any violation of law or executive order (including Executive
Order No. 12333 (50 U.S.C. 3001 note)) relating to intelligence activities
committed by personnel of an element of the intelligence community in the
course of the employment of such personnel that, during the previous
calendar year, was—
(1)
determined by the director, head, or general counsel of any element of the intelligence community
to have occurred;
(2)
referred to the Department of Justice for possible criminal prosecution; or
(3)
substantiated by the inspector general of any element of the intelligence community.
.
(b)
Initial report
The first report required under section 511 of the National Security Act of 1947, as added by
subsection (a), shall be submitted not later than one year after the date
of the enactment of this Act.
(c)
Guidelines
Not later than 180 days after the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the head of each element of the
intelligence community, shall—
(1)
issue guidelines to carry out section 511 of the National Security Act of 1947, as added by
subsection (a); and
(2)
submit such guidelines to the congressional intelligence committees.
(d)
Table of contents amendment
The table of sections in the first section of the National Security Act of 1947 is amended by
adding after the item
relating to section 510 the following new
item:
Sec. 511. Annual report on violations of law or executive order.
.
(e)
Rule of construction
Nothing in this section or the amendments made by this section shall be construed to alter any
requirement existing on the date of the enactment of this Act to submit a
report under any provision of law.
314.
Annual report on intelligence activities of the Department of Homeland Security
(a)
In general
For each fiscal year and along with the budget materials submitted in support
of the budget of the Department of Homeland Security pursuant to section
1105(a) of title 31,
United States Code, the Under Secretary for Intelligence and Analysis of
the Department shall submit to the
congressional intelligence committees a report for such fiscal year on
each intelligence activity of each intelligence component of the
Department, as designated by the Under
Secretary, that includes the
following:
(1)
The amount of funding requested for each such intelligence activity.
(2)
The number of full-time employees funded to perform each such intelligence activity.
(3)
The number of full-time contractor employees (or the equivalent of full-time in the case of
part-time contractor employees) funded to perform or in support of
each such intelligence activity.
(4)
A determination as to whether each such intelligence activity is predominantly in support of
national intelligence or departmental missions.
(5)
The total number of analysts of the Intelligence Enterprise of the Department
that perform—
(A)
strategic analysis; or
(B)
operational analysis.
(b)
Feasibility and advisability report
Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland
Security, acting through the Under Secretary for Intelligence and
Analysis, shall submit to the congressional intelligence committees a
report that—
(1)
examines the feasibility and advisability of including the budget request for all intelligence
activities of each intelligence component of the Department that
predominantly support
departmental missions, as designated
by the Under Secretary for Intelligence and
Analysis, in the Homeland Security Intelligence Program; and
(2)
includes a plan to enhance the coordination of department-wide
intelligence activities to achieve greater efficiencies in the performance
of the Department of Homeland Security intelligence functions.
(c)
Intelligence component of the Department
In this section, the term intelligence component of the Department has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
315.
Report on intelligence sharing with Ukraine
(a)
Sense of Congress regarding intelligence sharing with Ukraine
Consistent with United States national security interests and current law, it is the sense of
Congress that the President, working with the North Atlantic Treaty
Organization, should as quickly as possible provide the Government and
armed forces of Ukraine with appropriate intelligence sharing support.
(b)
Report on intelligence sharing with Ukraine
(1)
Report required
Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter,
the Director of National Intelligence and Secretary of Defense shall
conduct an assessment of United States intelligence sharing with the
Government of Ukraine and submit to the congressional intelligence
committees a report on that assessment.
(2)
Elements
At a minimum, each report required by paragraph (1) shall provide detailed information related to
United States intelligence sharing with the
Government of Ukraine for the following matters:
(A) Intelligence sharing and related training, equipment, supplies, and
services, including the type, quantity, and prioritization of such
items.
(B) The actual or
estimated date that the Government of the United States has
provided or
plans to provide the Government of Ukraine with intelligence and related
training, equipment, supplies, and services.
(C) An assessment of the types and quantities of assistance to the Government
of Ukraine that would most effectively improve the readiness and
capabilities
of the intelligence service of Ukraine.
(D) An assessment of the measures necessary to protect any United
States personnel that may be made available to the Government of
Ukraine.
(E) A description of the intelligence sharing the Government of the United States has
conducted with the Government of Ukraine
during the previous 6-month period.
(F) A description of the intelligence sharing the Government of the United States plans
to conduct with the
Government of Ukraine during the following 1-year period.
(G) An assessment of the intelligence and military assistance, including equipment,
supplies, and weaponry, provided by the Government of the Russian
Federation to irregular forces in Ukraine since February 22, 2014.
(3)
Termination
The requirements of this subsection shall terminate on January 31, 2017.
316.
Report on political prison camps in North Korea
(a)
In general
The Director of National Intelligence, in consultation with the Secretary of State, shall submit to
the congressional intelligence committees a report on political prison
camps in North Korea.
(b)
Elements
The report required by subsection (a) shall—
(1) describe the actions the United States is taking to support implementation of the recommendations
of the United Nations Commission of Inquiry on Human Rights in the
Democratic People's Republic of Korea, including the eventual
establishment of a tribunal to hold individuals accountable for abuses;
and
(2) include, with respect to each political prison camp in North Korea to the extent information is
available—
(A) the estimated prisoner population of each such camp;
(B) the geographical coordinates of each such camp;
(C) the reasons for confinement of the prisoners at each such camp;
(D) a description of the primary industries and products made at each such camp, and the end users of
any goods produced in such camp;
(E) information regarding involvement of any non-North Korean entity or individual involved in the
operations of each such camp, including as an end user or source of any
good or products used in, or produced by, in such camp;
(F) information identifying individuals and agencies responsible for conditions in each such camp at
all levels of the Government of North Korea;
(G) a description of the conditions under which prisoners are confined, with respect to the adequacy
of food, shelter, medical care, working conditions, and reports of
ill-treatment of prisoners, at each such camp; and
(H) unclassified imagery, including satellite imagery, of each such camp.
(c)
Form
The report required by subsection (a) shall be submitted in an unclassified form and may include a
classified annex if necessary.
July 31, 2014Read twice and placed on the calendar