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S. 2741 (113th): Intelligence Authorization Act for Fiscal Year 2015


The text of the bill below is as of Jul 31, 2014 (Placed on Calendar in the Senate). The bill was not enacted into law.


II

Calendar No. 519

113th CONGRESS

2d Session

S. 2741

[Report No. 113–233]

IN THE SENATE OF THE UNITED STATES

July 31, 2014

, 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, 2014

Read twice and placed on the calendar