[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1538 Placed on Calendar Senate (PCS)]
Calendar No. 181
110th CONGRESS
1st Session
S. 1538
[Report No. 110-75]
To authorize appropriations for fiscal year 2008 for the intelligence
and intelligence-related activities of the United States Government,
the Intelligence Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 31, 2007
Mr. Rockefeller from the Select Committee on Intelligence reported
under authority of the order of the Senate of May 25, 2007, the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2008 for the intelligence
and intelligence-related activities of the United States Government,
the Intelligence Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel level adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Development and acquisition program.
Sec. 107. Availability to public of certain intelligence funding
information.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of
Central Intelligence Agency Retirement Act.
TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of definition of intelligence community under
the National Security Act of 1947.
Sec. 304. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 305. Modification of availability of funds for different
intelligence activities.
Sec. 306. Increase in penalties for disclosure of undercover
intelligence officers and agents.
Sec. 307. Extension to intelligence community of authority to delete
information about receipt and disposition
of foreign gifts and decorations.
Sec. 308. Public Interest Declassification Board.
Sec. 309. Enhanced flexibility in non-reimbursable details to elements
of the intelligence community.
Sec. 310. Director of National Intelligence report on compliance with
the Detainee Treatment Act of 2005 and
related provisions of the Military
Commissions Act of 2006.
Sec. 311. Terms of service of Program Manager for the Information
Sharing Environment and the Information
Sharing Council.
Sec. 312. Improvement of notification of Congress regarding
intelligence activities of the United
States Government.
Sec. 313. Additional limitation on availability of funds for
intelligence and intelligence-related
activities.
Sec. 314. Vulnerability assessments of major systems.
Sec. 315. Annual personnel level assessments for the intelligence
community.
Sec. 316. Business enterprise architecture and business system
modernization for the intelligence
community.
Sec. 317. Reports on the acquisition of major systems.
Sec. 318. Excessive cost growth of major systems.
Sec. 319. Submittal to Congress of certain court orders under the
Foreign Intelligence Surveillance Act of
1978.
Sec. 320. Submittal to Congress of certain President's Daily Briefs on
Iraq.
Sec. 321. National intelligence estimate on global climate change.
Sec. 322. Repeal of certain reporting requirements.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Requirements for accountability reviews by the Director of
National Intelligence.
Sec. 402. Additional authorities of the Director of National
Intelligence on intelligence information
sharing.
Sec. 403. Modification of limitation on delegation by the Director of
National Intelligence of the protection of
intelligence sources and methods.
Sec. 404. Additional administrative authority of the Director of
National Intelligence.
Sec. 405. Enhancement of authority of the Director of National
Intelligence for flexible personnel
management among the elements of the
intelligence community.
Sec. 406. Clarification of limitation on co-location of the Office of
the Director of National Intelligence.
Sec. 407. Additional duties of the Director of Science and Technology
of the Office of the Director of National
Intelligence.
Sec. 408. Title of Chief Information Officer of the Intelligence
Community.
Sec. 409. Reserve for Contingencies of the Office of the Director of
National Intelligence.
Sec. 410. Inspector General of the Intelligence Community.
Sec. 411. Leadership and location of certain offices and officials.
Sec. 412. National Space Intelligence Office.
Sec. 413. Operational files in the Office of the Director of National
Intelligence.
Sec. 414. Repeal of certain authorities relating to the Office of the
National Counter-intelligence Executive.
Sec. 415. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of
National Intelligence.
Sec. 416. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 417. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director
of National Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 421. Director and Deputy Director of the Central Intelligence
Agency.
Sec. 422. Inapplicability to Director of the Central Intelligence
Agency of requirement for annual report on
progress in auditable financial statements.
Sec. 423. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 424. Technical amendments relating to titles of certain Central
Intelligence Agency positions.
Sec. 425. Availability of the Executive Summary of the report on
Central Intelligence Agency accountability
regarding the terrorist attacks of
September 11, 2001.
Sec. 426. Director of National Intelligence report on retirement
benefits for former employees of Air
America.
Subtitle C--Defense Intelligence Components
Sec. 431. Enhancements of National Security Agency training program.
Sec. 432. Codification of authorities of National Security Agency
protective personnel.
Sec. 433. Inspector general matters.
Sec. 434. Confirmation of appointment of heads of certain components of
the intelligence community.
Sec. 435. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis
and dissemination of certain intelligence
information.
Sec. 436. Security clearances in the National Geospatial-Intelligence
Agency.
Subtitle D--Other Elements
Sec. 441. Clarification of inclusion of Coast Guard and Drug
Enforcement Administration as elements of
the intelligence community.
Sec. 442. Clarifying amendments relating to Section 105 of the
Intelligence Authorization Act for Fiscal
Year 2004.
TITLE V--OTHER MATTERS
Sec. 501. Technical amendments to the National Security Act of 1947.
Sec. 502. Technical clarification of certain references to Joint
Military Intelligence Program and Tactical
Intelligence and Related Activities.
Sec. 503. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 504. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform
and Terrorism Prevention Act of 2004.
Sec. 505. Technical amendment to the Central Intelligence Agency Act of
1949.
Sec. 506. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 507. Technical amendments to the Executive Schedule.
Sec. 508. Technical amendments relating to redesignation of the
National Imagery and Mapping Agency as the
National Geospatial-Intelligence Agency.
Sec. 509. Other technical amendments relating to responsibility of the
Director of National Intelligence as head
of the intelligence community.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008
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 Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agency.
(14) The Coast Guard.
(15) The Department of Homeland Security.
(16) The Drug Enforcement Administration.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel levels (expressed as full-time equivalent positions) as of
September 30, 2008, for the conduct of the intelligence and
intelligence-related activities of the elements listed in such section,
are those specified in the classified Schedule of Authorizations
prepared to accompany the conference report on the bill ___ of the One
Hundred Tenth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL LEVEL ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number of authorized full-time equivalent positions for fiscal
year 2008 under section 102 when 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 5 percent of the
number of civilian personnel authorized under such section for such
element.
(b) Authority for Conversion of Activities Performed by
Contractors.--In addition to the authority in subsection (a), upon a
determination by the head of an element in the intelligence community
that activities currently being performed by contractor employees
should be performed by government employees, the concurrence of the
Director of National Intelligence in such determination, and the
approval of the Director of the Office of Management and Budget, the
Director of National Intelligence may authorize employment of
additional full-time equivalent personnel in such element of the
intelligence community equal to the number of full-time equivalent
contractor employees performing such activities.
(c) Notice to Intelligence Committees.--The Director of National
Intelligence shall notify the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of the House
of Representatives in writing at least 15 days before each exercise of
the authority in subsection (a) or (b).
SEC. 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 2008 the sum of
$715,076,000. 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,
2009.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 1768 full-time equivalent personnel as of
September 30, 2008. Personnel serving in such elements may be permanent
employees of the Intelligence Community Management Account or personnel
detailed from other elements of the United States Government.
(c) Construction of Authorities.--The authorities available to the
Director of National Intelligence under section 103 are also available
to the Director for the adjustment of personnel levels in elements
within the Intelligence Community Management Account.
(d) 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 also
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2008 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
research and development shall remain available until September
30, 2009.
(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,
2008, there are also authorized such additional personnel for
such elements as of that date as are specified in the
classified Schedule of Authorizations.
SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the bill
___ of the One Hundred Tenth Congress, or in the classified annex to
this Act, is hereby incorporated into this Act, and is hereby made a
requirement in law.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 106. DEVELOPMENT AND ACQUISITION PROGRAM.
Of the funds appropriated for the National Intelligence Program for
fiscal year 2008, and of funds currently available for obligation for
any prior fiscal year, the Director of National Intelligence shall
transfer not less than the amount specified in the classified annex to
the Office of the Director of National Intelligence to fund the
development and acquisition of the program specified in the classified
annex. The funds as so transferred shall be available without fiscal
year limitation.
SEC. 107. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President shall
disclose to the public for each fiscal year after fiscal year 2008 the
aggregate amount of appropriations requested by the President for such
fiscal year for the National Intelligence Program.
(b) Amounts Authorized and Appropriated Each Fiscal Year.--Congress
shall disclose to the public for each fiscal year after fiscal year
2007 the aggregate amount of funds authorized to be appropriated, and
the aggregate amount of funds appropriated, by Congress for such fiscal
year for the National Intelligence Program.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2008 the sum of
$262,500,000.
SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION OF
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
Section 235(b)(1)(A) of the Central Intelligence Agency Retirement
Act (50 U.S.C. 2055(b)(1)(A)) is amended by striking ``receiving
compensation under the Senior Intelligence Service pay schedule at the
rate'' and inserting ``who is at the Senior Intelligence Service
rank''.
TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 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.
SEC. 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.
SEC. 303. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER
THE NATIONAL SECURITY ACT OF 1947.
Subparagraph (L) of section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)) is amended by striking ``other'' the second
place it appears.
SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR
INTELLIGENCE COLLECTION PERSONNEL.
(a) Delegation of Authority.--Section 116(b) of the National
Security Act of 1947 (50 U.S.C. 404k(b)) is amended--
(1) by inserting ``(1)'' before ``The Director'';
(2) in paragraph (1), by striking ``may only delegate'' and
all that follows and inserting ``may delegate the authority in
subsection (a) to the head of any other element of the
intelligence community.''; and
(3) by adding at the end the following new paragraph:
``(2) The head of an element of the intelligence community to whom
the authority in subsection (a) is delegated pursuant to paragraph (1)
may further delegate such authority to such senior officials of such
element as are specified in guidelines prescribed by the Director of
National Intelligence for purposes of this paragraph.''.
(b) Submittal of Guidelines to Congress.--Not later than six months
after the date of the enactment of this Act, the Director of National
Intelligence shall prescribe and submit to the congressional
intelligence committees the guidelines referred to in paragraph (2) of
section 116(b) of the National Security Act of 1947, as added by
subsection (a).
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT
INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National Security Act
of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows:
``(B) the use of such funds for such activity supports an
emergent need, improves program effectiveness, or increases
efficiency; and''.
SEC. 306. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER
INTELLIGENCE OFFICERS AND AGENTS.
(a) Disclosure of Agent After Access to Information Identifying
Agent.--Subsection (a) of section 601 of the National Security Act of
1947 (50 U.S.C. 421) is amended by striking ``ten years'' and inserting
``15 years''.
(b) Disclosure of Agent After Access to Classified Information.--
Subsection (b) of such section is amended by striking ``five years''
and inserting ``ten years''.
SEC. 307. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY TO DELETE
INFORMATION ABOUT RECEIPT AND DISPOSITION OF FOREIGN
GIFTS AND DECORATIONS.
Paragraph (4) of section 7342(f) of title 5, United States Code, is
amended to read as follows:
``(4)(A) In transmitting such listings for an element of the
intelligence community, the head of such element may delete the
information described in subparagraphs (A) and (C) of paragraphs (2)
and (3) if the head of such element certifies in writing to the
Secretary of State that the publication of such information could
adversely affect United States intelligence sources or methods.
``(B) Any information not provided to the Secretary of State
pursuant to the authority in subparagraph (A) shall be transmitted to
the Director of National Intelligence.
``(C) In this paragraph, the term `element of the intelligence
community' means an element of the intelligence community listed in or
designated under section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).''.
SEC. 308. PUBLIC INTEREST DECLASSIFICATION BOARD.
The Public Interest Declassification Act of 2000 (50 U.S.C. 435
note) is amended--
(1) in section 704(e)--
(A) by striking ``If requested'' and inserting the
following:
``(1) In general.--If requested''; and
(B) by adding at the end the following:
``(2) Authority of board.--Upon receiving a congressional
request described in section 703(b)(5), the Board may conduct
the review and make the recommendations described in that
section, regardless of whether such a review is requested by
the President.
``(3) Reporting.--Any recommendations submitted to the
President by the Board under section 703(b)(5), shall be
submitted to the chairman and ranking member of the committee
of Congress that made the request relating to such
recommendations.''; and
(2) in section 710(b), by striking ``8 years after the date
of the enactment of this Act'' and inserting ``on December 31,
2012''.
SEC. 309. ENHANCED FLEXIBILITY IN NON-REIMBURSABLE DETAILS TO ELEMENTS
OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Except as provided in section 113 of the National
Security Act of 1947 (50 U.S.C. 404h) and section 904(g)(2) of the
Counterintelligence Enhancement Act of 2002 (title IX of Public Law
107-306; 50 U.S.C. 402c(g)(2)) and notwithstanding any other provision
of law, in any fiscal year after fiscal year 2007 an officer or
employee of the United States or member of the Armed Forces may be
detailed to the staff of an element of the intelligence community
funded through the Community Management Account from another element of
the United States Government on a reimbursable or non-reimbursable
basis, as jointly agreed to by the Director of National Intelligence
and the head of the detailing element (or the designees of such
officials), for a period not to exceed three years.
(b) Element of the Intelligence Community Defined.--In this
section, the term ``element of the intelligence community'' means an
element of the intelligence community listed in or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 310. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON COMPLIANCE WITH
THE DETAINEE TREATMENT ACT OF 2005 AND RELATED PROVISIONS
OF THE MILITARY COMMISSIONS ACT OF 2006.
(a) Report Required.--Not later than September 1, 2007, the
Director of National Intelligence shall submit to the congressional
intelligence committees a comprehensive report on all measures taken by
the Office of the Director of National Intelligence and by each
element, if any, of the intelligence community with relevant
responsibilities to comply with the provisions of the Detainee
Treatment Act of 2005 (title X of division A of Public Law 109-148) and
related provisions of the Military Commissions Act of 2006 (Public Law
109-366).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
section 1003 of the Detainee Treatment Act of 2005 (119 Stat.
2739; 42 U.S.C. 2000dd) and section 6 of the Military
Commissions Act of 2006 (120 Stat. 2632; 18 U.S.C. 2441 note)
(including the amendments made by such section 6), and, with
respect to each such method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such
determination.
(2) A description of the detention or interrogation
methods, if any, whose use has been discontinued pursuant to
the Detainee Treatment Act of 2005 or the Military Commission
Act of 2006, and, with respect to each such method--
(A) an identification of the official making the
determination to discontinue such method; and
(B) a statement of the basis for such
determination.
(3) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to each
such action--
(A) an identification of the official taking such
action; and
(B) a statement of the basis for such action.
(4) Any other matters that the Director considers necessary
to fully and currently inform the congressional intelligence
committees about the implementation of the Detainee Treatment
Act of 2005 and related provisions of the Military Commissions
Act of 2006.
(5) An appendix containing--
(A) all guidelines for the application of the
Detainee Treatment Act of 2005 and related provisions
of the Military Commissions Act of 2006 to the
detention or interrogation activities, if any, of any
element of the intelligence community; and
(B) all legal justifications of any office or
official of the Department of Justice about the meaning
or application of Detainee Treatment Act of 2005 or
related provisions of the Military Commissions Act of
2006 with respect to the detention or interrogation
activities, if any, of any element of the intelligence
community.
(c) Form.--The report required by subsection (a) shall be submitted
in classified form.
(d) Definitions.--In this section:
(1) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee of the House of
Representatives.
(2) The term ``element of the intelligence community''
means the elements of the intelligence community specified in
or designated under section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).
SEC. 311. TERMS OF SERVICE OF PROGRAM MANAGER FOR THE INFORMATION
SHARING ENVIRONMENT AND THE INFORMATION SHARING COUNCIL.
Section 1016 of the National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458; 6 U.S.C. 485) is amended--
(1) in subsection (f)(1), by striking ``during the two-year
period beginning on the date of designation under this
paragraph unless sooner'' and inserting ``until''; and
(2) in subsection (g)(1), by striking ``during the two-year
period beginning on the date of the initial designation of the
program manager by the President under subsection (f)(1),
unless sooner'' and inserting ``until''.
SEC. 312. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING
INTELLIGENCE ACTIVITIES OF THE UNITED STATES GOVERNMENT.
(a) Notice on Information Not Disclosed.--
(1) In general.--Section 502 of the National Security Act
of 1947 (50 U.S.C. 413a) is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Notice on Information Not Disclosed.--
``(1) If the Director of National Intelligence or the head
of a department, agency, or other entity of the United States
Government does not provide information required by subsection
(a) in full or to all the members of the congressional
intelligence committees, and requests that such information not
be provided, the Director shall, in a timely fashion, notify
such committees of the determination not to provide such
information in full or to all members of such committees. Such
notice shall be submitted in writing in a classified form,
include a statement of the reasons for such determination and
description that provides the main features of the intelligence
activities covered by such determination, and contain no
restriction on access to this notice by all members of the
committee.
``(2) Nothing in this subsection shall be construed as
authorizing less than full and current disclosure to all the
members of the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives of any information necessary to keep all the
members of such committees fully and currently informed on all
intelligence activities covered by this section.''.
(2) Conforming amendment.--Subsection (d) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
(b) Reports and Notice on Covert Actions.--
(1) Form and content of certain reports.--Subsection (b) of
section 503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following new
paragraph:
``(2) Any report relating to a covert action that is
submitted to the congressional intelligence committees for the
purposes of paragraph (1) shall be in writing, and shall
contain the following:
``(A) A concise statement of any facts pertinent to
such report.
``(B) An explanation of the significance of the
covert action covered by such report.''.
(2) Notice on information not disclosed.--Subsection (c) of
such section is amended by adding at the end the following new
paragraph:
``(5) If the Director of National Intelligence or the head
of a department, agency, or other entity of the United States
Government does not provide information required by subsection
(b) in full or to all the members of the congressional
intelligence committees, and requests that such information not
be so provided, the Director shall, in a timely fashion, notify
such committees of the determination not to provide such
information in full or to all members of such committees. Such
notice shall be submitted in writing in a classified form,
include a statement of the reasons for such determination and a
description that provides the main features of the covert
action covered by such determination, and contain no
restriction on access to this notice by all members of the
committee.''.
(3) Modification of nature of change of covert action
triggering notice requirements.--Subsection (d) of such section
is amended by striking ``significant'' the first place it
appears.
SEC. 313. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR
INTELLIGENCE AND INTELLIGENCE-RELATED ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is
amended--
(1) in subsection (a), by inserting ``the congressional
intelligence committees have been fully and currently informed
of such activity and if'' after ``only if'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) In any case in which notice to the congressional intelligence
committees on an intelligence or intelligence-related activity is
covered by section 502(b), or in which notice to the congressional
intelligence committees on a covert action is covered by section
503(c)(5), the congressional intelligence committees shall be treated
as being fully and currently informed on such activity or covert
action, as the case may be, for purposes of subsection (a) if the
requirements of such section 502(b) or 503(c)(5), as applicable, have
been met.''.
SEC. 314. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by inserting after section 506A the
following new section:
``vulnerability assessments of major systems
``Sec. 506B. (a) Initial Vulnerability Assessments.--The Director
of National Intelligence shall conduct an initial vulnerability
assessment for any major system and its items of supply, that is
proposed for inclusion in the National Intelligence Program. The
initial vulnerability assessment of a major system and its items of
supply shall, at a minimum, use an analysis-based approach to--
``(1) identify applicable vulnerabilities;
``(2) define exploitation potential;
``(3) examine the system's potential effectiveness;
``(4) determine overall vulnerability; and
``(5) make recommendations for risk reduction.
``(b) Subsequent Vulnerability Assessments.--(1) The Director of
National Intelligence shall conduct subsequent vulnerability
assessments of each major system and its items of supply within the
National Intelligence Program--
``(A) periodically throughout the life-span of the major
system;
``(B) whenever the Director determines that a change in
circumstances warrants the issuance of a subsequent
vulnerability assessment; or
``(C) upon the request of a congressional intelligence
committee.
``(2) Any subsequent vulnerability assessment of a major system and
its items of supply shall, at a minimum, use an analysis-based approach
and, if applicable, a testing-based approach, to monitor the
exploitation potential of such system and reexamine the factors
described in paragraphs (1) through (5) of subsection (a).
``(c) Major System Management.--The Director of National
Intelligence shall give due consideration to the vulnerability
assessments prepared for a given major system when developing and
determining the annual consolidated National Intelligence Program
budget.
``(d) Congressional Oversight.--(1) The Director of National
Intelligence shall provide to the congressional intelligence committees
a copy of each vulnerability assessment conducted under subsection (a)
or (b) not later than 10 days after the date of the completion of such
assessment.
``(2) The Director of National Intelligence shall provide the
congressional intelligence committees with a proposed schedule for
subsequent vulnerability assessments of a major system under subsection
(b) when providing such committees with the initial vulnerability
assessment under subsection (a) of such system as required by
subsection (d).
``(e) Definitions.--In this section:
``(1) The term `items of supply'--
``(A) means any individual part, component,
subassembly, assembly, or subsystem integral to a major
system, and other property which may be replaced during
the service life of the major system, including spare
parts and replenishment parts; and
``(B) does not include packaging or labeling
associated with shipment or identification of items.
``(2) The term `major system' has the meaning given that
term in section 506A(e).
``(3) The term `vulnerability assessment' means the process
of identifying and quantifying vulnerabilities in a major
system and its items of supply.''.
(b) Clerical Amendment.--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 506A the following:
``Sec. 506B. Vulnerability assessments of major systems.''.
SEC. 315. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 314, is further amended by
inserting after section 506B, as added by section 314(a), the following
new section:
``annual personnel level assessments for the intelligence community
``Sec. 506C. (a) Requirement to Provide.--The Director of National
Intelligence shall, in consultation with the head of the element of the
intelligence community concerned, prepare an annual personnel level
assessment for such element of the intelligence community that assesses
the personnel levels for each such element for the fiscal year
following the fiscal year in which the assessment is submitted.
``(b) Schedule.--Each assessment required by subsection (a) shall
be submitted to the congressional intelligence committees not later
than January 31, of each year.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain, at a minimum, the
following information for the element of the intelligence community
concerned:
``(1) The personnel costs for the upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs of the current
fiscal year.
``(3) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs during the prior
5 fiscal years.
``(4) The number of personnel positions requested for the
upcoming fiscal year.
``(5) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions of
the current fiscal year.
``(6) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions
during the prior 5 fiscal years.
``(7) The number and costs of contractors funded by the
element for the upcoming fiscal year.
``(8) The numerical and percentage increase or decrease of
such costs of contractors as compared to the costs of
contractors of the current fiscal year.
``(9) The numerical and percentage increase or decrease of
such costs of contractors as compared to the cost of
contractors, and the number of contractors, during the prior 5
fiscal years.
``(10) A written justification for the requested personnel
and contractor levels.
``(11) A statement by the Director of National Intelligence
that, based on current and projected funding, the element
concerned will have sufficient--
``(A) internal infrastructure to support the
requested personnel and contractor levels;
``(B) training resources to support the requested
personnel levels; and
``(C) funding to support the administrative and
operational activities of the requested personnel
levels.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act, as amended by section 314(b), is further amended by
inserting after the item relating to section 506B, as added by section
314(b), the following new item:
``Sec. 506C. Annual personnel levels assessment for the intelligence
community.''.
SEC. 316. BUSINESS ENTERPRISE ARCHITECTURE AND BUSINESS SYSTEM
MODERNIZATION FOR THE INTELLIGENCE COMMUNITY.
(a) Business Enterprise Architecture and Business System
Modernization.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 314 and
315, is further amended by inserting after section 506C, as
added by section 315(a), the following new section:
``intelligence community business systems, architecture,
accountability, and modernization
``Sec. 506D. (a) Limitation on Obligation of Funds for
Intelligence Community Business System Modernization.--(1) After April
1, 2008, no funds appropriated to any element of the intelligence
community may be obligated for an intelligence community business
system modernization described in paragraph (2) unless--
``(A) the approval authority designated by the Director of
National Intelligence under subsection (c)(2) makes the
certification described in paragraph (3) with respect to the
intelligence community business system modernization; and
``(B) the certification is approved by the Intelligence
Community Business Systems Management Committee established
under subsection (f).
``(2) An intelligence community business system modernization
described in this paragraph is an intelligence community business
system modernization that--
``(A) will have a total cost in excess of $1,000,000; and
``(B) will receive more than 50 percent of the funds for
such cost from amounts appropriated for the National
Intelligence Program.
``(3) The certification described in this paragraph for an
intelligence community business system modernization is a
certification, made by the approval authority designated by the
Director under subsection (c)(2) to the Intelligence Community Business
Systems Management Committee, that the intelligence community business
system modernization--
``(A) complies with the enterprise architecture under
subsection (b); or
``(B) is necessary--
``(i) to achieve a critical national security
capability or address a critical requirement in an area
such as safety or security; or
``(ii) to prevent a significant adverse effect on a
project that is needed to achieve an essential
capability, taking into consideration the alternative
solutions for preventing such adverse effect.
``(4) The obligation of funds for an intelligence community
business system modernization that does not comply with the
requirements of this subsection shall be treated as a violation of
section 1341(a)(1)(A) of title 31, United States Code.
``(b) Enterprise Architecture for Intelligence Community Business
Systems.--(1) The Director of National Intelligence shall, acting
through the Intelligence Community Business Systems Management
Committee established under subsection (f), develop and implement an
enterprise architecture to cover all intelligence community business
systems, and the functions and activities supported by such business
systems. The enterprise architecture shall be sufficiently defined to
effectively guide, constrain, and permit implementation of
interoperable intelligence community business system solutions,
consistent with applicable policies and procedures established by the
Director of the Office of Management and Budget.
``(2) The enterprise architecture under paragraph (1) shall include
the following:
``(A) An information infrastructure that, at a minimum,
will enable the intelligence community to--
``(i) comply with all Federal accounting, financial
management, and reporting requirements;
``(ii) routinely produce timely, accurate, and
reliable financial information for management purposes;
``(iii) integrate budget, accounting, and program
information and systems; and
``(iv) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
``(B) Policies, procedures, data standards, and system
interface requirements that apply uniformly throughout the
intelligence community.
``(c) Responsibilities for Intelligence Community Business System
Modernization.--(1) The Director of National Intelligence shall be
responsible for review, approval, and oversight of the planning,
design, acquisition, deployment, operation, and maintenance of an
intelligence community business system modernization if more than 50
percent of the cost of the intelligence community business system
modernization is funded by amounts appropriated for the National
Intelligence Program.
``(2) The Director shall designate one or more appropriate
officials of the intelligence community to be responsible for making
certifications with respect to intelligence community business system
modernizations under subsection (a)(3).
``(d) Intelligence Community Business System Investment Review.--
(1) The approval authority designated under subsection (c)(2) shall
establish and implement, not later than March 31, 2008, an investment
review process for the review of the planning, design, acquisition,
development, deployment, operation, maintenance, modernization, and
project cost, benefits, and risks of the intelligence community
business systems for which the approval authority is responsible.
``(2) The investment review process under paragraph (1) shall--
``(A) meet the requirements of section 11312 of title 40,
United States Code; and
``(B) specifically set forth the responsibilities of the
approval authority under such review process.
``(3) The investment review process under paragraph (1) shall
include the following elements:
``(A) Review and approval by an investment review board
(consisting of appropriate representatives of the intelligence
community) of each intelligence community business system as an
investment before the obligation of funds for such system.
``(B) Periodic review, but not less often than annually, of
every intelligence community business system investment.
``(C) Thresholds for levels of review to ensure appropriate
review of intelligence community business system investments
depending on the scope, complexity, and cost of the system
involved.
``(D) Procedures for making certifications in accordance
with the requirements of subsection (a)(3).
``(E) Mechanisms to ensure the consistency of the
investment review process with applicable guidance issued by
the Director of National Intelligence and the Intelligence
Community Business Systems Management Committee established
under subsection (f).
``(F) Common decision criteria, including standards,
requirements, and priorities, for purposes of ensuring the
integration of intelligence community business systems.
``(e) Budget Information.--For each fiscal year after fiscal year
2009, the Director of National Intelligence shall include in the
materials the Director submits to Congress in support of the budget for
such fiscal year that is submitted to Congress under section 1105 of
title 31, United States Code, the following information:
``(1) An identification of each intelligence community
business system for which funding is proposed in such budget.
``(2) An identification of all funds, by appropriation,
proposed in such budget for each such system, including--
``(A) funds for current services to operate and
maintain such system; and
``(B) funds for business systems modernization
identified for each specific appropriation.
``(3) For each such system, identification of approval
authority designated for such system under subsection (c)(2).
``(4) The certification, if any, made under subsection
(a)(3) with respect to each such system.
``(f) Intelligence Community Business Systems Management
Committee.--(1) The Director of National Intelligence shall establish
an Intelligence Community Business Systems Management Committee (in
this subsection referred to as the `Committee').
``(2) The Committee shall--
``(A) recommend to the Director policies and procedures
necessary to effectively integrate all business activities and
any transformation, reform, reorganization, or process
improvement initiatives undertaken within the intelligence
community;
``(B) review and approve any major update of--
``(i) the enterprise architecture developed under
subsection (b); and
``(ii) any plans for an intelligence community
business systems modernization;
``(C) manage cross-domain integration consistent with such
enterprise architecture;
``(D) be responsible for coordinating initiatives for
intelligence community business system modernization to
maximize benefits and minimize costs for the intelligence
community, and periodically report to the Director on the
status of efforts to carry out an intelligence community
business system modernization;
``(E) ensure that funds are obligated for intelligence
community business system modernization in a manner consistent
with subsection (a); and
``(F) carry out such other duties as the Director shall
specify.
``(g) Relation to Annual Registration Requirements.--Nothing in
this section shall be construed to alter the requirements of section
8083 of the Department of Defense Appropriations Act, 2005 (Public Law
108-287; 118 Stat. 989), with regard to information technology systems
(as defined in subsection (d) of such section).
``(h) Relation to Defense Business Systems Architecture,
Accountability, and Modernization Requirements.--An intelligence
community business system that receives more than 50 percent of its
funds from amounts available for the National Intelligence Program
shall be exempt from the requirements of section 2222 of title 10,
United States Code.
``(i) Relation to Clinger-Cohen Act.--(1) The Director of National
Intelligence and the Chief Information Officer of the Intelligence
Community shall fulfill the executive agency responsibilities in
chapter 113 of title 40, United States Code, for any intelligence
community business system that receives more than 50 percent of its
funding from amounts appropriated for National Intelligence Program.
``(2) Any intelligence community business system covered by
paragraph (1) shall be exempt from the requirements of such chapter 113
that would otherwise apply to the executive agency that contains the
element of the intelligence community involved.
``(j) Reports.--Not later than March 15 of each of 2009 through
2014, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the compliance of the
intelligence community with the requirements of this section. Each such
report shall--
``(1) describe actions taken and proposed for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance
against specified performance measures, and any
revision of such milestones and performance measures;
and
``(B) specific actions on the intelligence
community business system modernizations submitted for
certification under such subsection;
``(2) identify the number of intelligence community
business system modernizations that received a certification
described in subsection (a)(3)(B); and
``(3) describe specific improvements in business operations
and cost savings resulting from successful intelligence
community business systems modernization efforts.
``(k) Definitions.--In this section:
``(1) The term `enterprise architecture' has the meaning
given that term in section 3601(4) of title 44, United States
Code.
``(2) The terms `information system' and `information
technology' have the meanings given those terms in section
11101 of title 40, United States Code.
``(3) The term `intelligence community business system'
means an information system, other than a national security
system, that is operated by, for, or on behalf of the
intelligence community, including financial systems, mixed
systems, financial data feeder systems, the business
infrastructure capabilities shared by the systems of the
business enterprise architecture that build upon the core
infrastructure, used to support business activities, such as
acquisition, financial management, logistics, strategic
planning and budgeting, installations and environment, and
human resource management
``(4) The term `intelligence community business system
modernization' means--
``(A) the acquisition or development of a new
intelligence community business system; or
``(B) any significant modification or enhancement
of an existing intelligence community business system
(other than necessary to maintain current services).
``(5) The term `national security system' has the meaning
given that term in section 3542 of title 44, United States
Code.''.
(2) Clerical amendment.--The table of contents in the first
section of that Act, as amended by section 314 and 315, is
further amended by inserting after the item relating to section
506C, as added by section 315(b) the following new item:
``Sec. 506D. Intelligence community business systems, architecture,
accountability, and modernization.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(A) complete the delegation of responsibility for
the review, approval, and oversight of the planning,
design, acquisition, deployment, operation,
maintenance, and modernization of intelligence
community business systems required by subsection (c)
of section 506D of the National Security Act of 1947
(as added by subsection (a)); and
(B) designate a vice chairman and personnel to
serve on the Intelligence Community Business System
Management Committee established under subsection (f)
of such section 506D (as so added).
(2) Enterprise architecture.--The Director shall develop
the enterprise architecture required by subsection (b) of such
section 506D (as so added) by not later than March 1, 2008. In
so developing the enterprise architecture, the Director shall
develop an implementation plan for the architecture, including
the following:
(A) The acquisition strategy for new systems that
are expected to be needed to complete the enterprise
architecture, including specific time-phased
milestones, performance metrics, and a statement of the
financial and nonfinancial resource needs.
(B) An identification of the intelligence community
business systems in operation or planned as of December
31, 2006, that will not be a part of the enterprise
architecture, together with the schedule for the phased
termination of the utilization of any such systems.
(C) An identification of the intelligence community
business systems in operation or planned as of December
31, 2006, that will be a part of the enterprise
architecture, together with a strategy for modifying
such systems to ensure that such systems comply with
such enterprise architecture.
SEC. 317. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by sections 314 through 316, is further
amended by inserting after section 506D, as added by section 316(a)(1),
the following new section:
``reports on the acquisition of major systems
``Sec. 506E. (a) Annual Reports Required.--(1) The Director of
National Intelligence shall submit to the congressional intelligence
committees each year, at the same time the budget of the President for
the fiscal year beginning in such year is submitted to Congress
pursuant to section 1105 of title 31, United States Code, a separate
report on each acquisition of a major system by an element of the
intelligence community.
``(2) Each report under this section shall be known as a `Report on
the Acquisition of Major Systems'.
``(b) Elements.--Each report under this section shall include, for
the acquisition of a major system, information on the following:
``(1) The current total anticipated acquisition cost for
such system, and the history of such cost from the date the
system was first included in a report under this section to the
end of the calendar quarter immediately proceeding the
submittal of the report under this section.
``(2) The current anticipated development schedule for the
system, including an estimate of annual development costs until
development is completed.
``(3) The current anticipated procurement schedule for the
system, including the best estimate of the Director of National
Intelligence of the annual costs and units to be procured until
procurement is completed.
``(4) A full life-cycle cost analysis for such system.
``(5) The result of any significant test and evaluation of
such major system as of the date of the submittal of such
report, or, if a significant test and evaluation has not been
conducted, a statement of the reasons therefor and the results
of any other test and evaluation that has been conducted of
such system.
``(6) The reasons for any change in acquisition cost, or
schedule, for such system from the previous report under this
section (if applicable).
``(7) The significant contracts or subcontracts related to
the major system.
``(8) If there is any cost or schedule variance under a
contract referred to in paragraph (7) since the previous report
under this section, the reasons for such cost or schedule
variance.
``(c) Determination of Increase in Costs.--Any determination of a
percentage increase in the acquisition costs of a major system for
which a report is filed under this section shall be stated in terms of
constant dollars from the first fiscal year in which funds are
appropriated for such contract.
``(d) Definitions.--In this section:
``(1) The term `acquisition cost', with respect to a major
system, means the amount equal to the total cost for
development and procurement of, and system-specific
construction for, such system.
``(2) The term `full life-cycle cost', with respect to the
acquisition of a major system, means all costs of development,
procurement, construction, deployment, and operation and
support for such program, without regard to funding source or
management control, including costs of development and
procurement required to support or utilize such system.
``(3) The term `major system', has the meaning given that
term in section 506A(e).''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act, as amended by sections 314 through 316, is further amended
by inserting after the item relating to section 506D, as added by
section 316(a)(2), the following new item:
``Sec. 506E. Reports on the acquisition of major systems.''.
SEC. 318. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.
(a) Notification.--Title V of the National Security Act of 1947, as
amended by sections 314 through 317, is further amended by inserting
after section 506E, as added by section 317(a), the following new
section:
``excessive cost growth of major systems
``Sec. 506F. (a) Cost Increases of at Least 20 Percent.--(1) On a
continuing basis, and separate from the submission of any report on a
major system required by section 506E of this Act, the Director of
National Intelligence shall determine if the acquisition cost of such
major system has increased by at least 20 percent as compared to the
baseline cost of such major system.
``(2)(A) If the Director determines under paragraph (1) that the
acquisition cost of a major system has increased by at least 20
percent, the Director shall submit to the congressional intelligence
committees a written notification of such determination as described in
subparagraph (B), a description of the amount of the increase in the
acquisition cost of such major system, and a certification as described
in subparagraph (C).
``(B) The notification required by subparagraph (A) shall include--
``(i) an independent cost estimate;
``(ii) the date on which the determination covered by such
notification was made;
``(iii) contract performance assessment information with
respect to each significant contract or sub-contract related to
such major system, including the name of the contractor, the
phase of the contract at the time of the report, the percentage
of work under the contract that has been completed, any change
in contract cost, the percentage by which the contract is
currently ahead or behind schedule, and a summary explanation
of significant occurrences, such as cost and schedule
variances, and the effect of such occurrences on future costs
and schedules;
``(iv) the prior estimate of the full life-cycle cost for
such major system, expressed in constant dollars and in current
year dollars;
``(v) the current estimated full life-cycle cost of such
major system, expressed in constant dollars and current year
dollars;
``(vi) a statement of the reasons for any increases in the
full life-cycle cost of such major system;
``(vii) the current change and the total change, in dollars
and expressed as a percentage, in the full life-cycle cost
applicable to such major system, stated both in constant
dollars and current year dollars;
``(viii) the completion status of such major system
expressed as the percentage--
``(I) of the total number of years for which funds
have been appropriated for such major system compared
to the number of years for which it is planned that
such funds will be appropriated; and
``(II) of the amount of funds that have been
appropriated for such major system compared to the
total amount of such funds which it is planned will be
appropriated;
``(ix) the action taken and proposed to be taken to control
future cost growth of such major system; and
``(x) any changes made in the performance or schedule of
such major system and the extent to which such changes have
contributed to the increase in full life-cycle costs of such
major system.
``(C) The certification described in this subparagraph is a written
certification made by the Director and submitted to the congressional
intelligence committees that--
``(i) the acquisition of such major system is essential to
the national security;
``(ii) there are no alternatives to such major system that
will provide equal or greater intelligence capability at equal
or lesser cost to completion;
``(iii) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(iv) the management structure for the acquisition of such
major system is adequate to manage and control full life-cycle
cost of such major system.
``(b) Cost Increases of at Least 40 Percent.--(1) If the Director
of National Intelligence determines that the acquisition cost of a
major system has increased by at least 40 percent as compared to the
baseline cost of such major system, the President shall submit to the
congressional intelligence committees a written certification stating
that--
``(A) the acquisition of such major system is essential to
the national security;
``(B) there are no alternatives to such major system that
will provide equal or greater intelligence capability at equal
or lesser cost to completion;
``(C) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(D) the management structure for the acquisition of such
major system is adequate to manage and control the full life-
cycle cost of such major system.
``(2) In addition to the certification required by paragraph (1),
the Director of National Intelligence shall submit to the congressional
intelligence committees an updated notification, with current
accompanying information, as required by subsection (a)(2).
``(c) Prohibition on Obligation of Funds.--(1) If a written
certification required under subsection (a)(2)(A) is not submitted to
the congressional intelligence committees within 30 days of the
determination made under subsection (a)(1), funds appropriated for the
acquisition of a major system may not be obligated for a major contract
under the program. Such prohibition on the obligation of funds shall
cease to apply at the end of the 30-day period of a continuous session
of Congress that begins on the date on which Congress receives the
notification required under subsection (a)(2)(A).
``(2) If a written certification required under subsection (b)(1)
is not submitted to the congressional intelligence committees within 30
days of the determination made under subsection (b)(1), funds
appropriated for the acquisition of a major system may not be obligated
for a major contract under the program. Such prohibition on the
obligation of funds for the acquisition of a major system shall cease
to apply at the end of the 30-day period of a continuous session of
Congress that begins on the date on which Congress receives the
notification required under subsection (b)(2).
``(d) Definitions.--In this section:
``(1) The term `acquisition cost' has the meaning given
that term in section 506E(d).
``(2) The term `baseline cost', with respect to a major
system, means the projected acquisition cost of such system on
the date the contract for the development, procurement, and
construction of the system is awarded.
``(3) The term `full life-cycle cost' has the meaning given
that term in section 506E(d).
``(4) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(5) The term `major system' has the meaning given that
term in section 506A(e).''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act, as amended by sections 314 through 317 of this Act, is
further amended by inserting after the items relating to section 506E,
as added by section 317(b), the following new item:
``Sec. 506F. Excessive cost growth of major systems.''.
SEC. 319. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Inclusion of Certain Orders in Semi-Annual Reports of Attorney
General.--Subsection (a)(5) of section 601 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871) is amended by striking ``(not
including orders)'' and inserting ``, orders,''.
(b) Reports by Attorney General on Certain Other Orders.--That
section is further amended by adding at the end the following new
subsection:
``(c) The Attorney General shall submit to the committees of
Congress referred to in subsection (a)--
``(1) a copy of any decision, order, or opinion issued by
the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review that includes
significant construction or interpretation of any provision of
this Act, and any pleadings associated with such decision,
order, or opinion, not later than 45 days after such decision,
order, or opinion is issued; and
``(2) a copy of any such decision, order, or opinion, and
the pleadings associated with such decision, order, or opinion,
that was issued during the 5-year period ending on the date of
the enactment of the Intelligence Authorization Act for Fiscal
Year 2008 and not previously submitted in a report under
subsection (a).''.
SEC. 320. SUBMITTAL TO CONGRESS OF CERTAIN PRESIDENT'S DAILY BRIEFS ON
IRAQ.
(a) In General.--The Director of National Intelligence shall submit
to the congressional intelligence committees any President's Daily
Brief (PDB), or any portion of a President's Daily Brief, of the
Director of Central Intelligence during the period beginning on January
20, 1997, and ending on March 19, 2003, that refers to Iraq or
otherwise addresses Iraq in any fashion.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 321. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL CLIMATE CHANGE.
(a) Requirement for National Intelligence Estimate.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to
Congress a National Intelligence Estimate (NIE) on the
anticipated geopolitical effects of global climate change and
the implications of such effects on the national security of
the United States.
(2) Notice regarding submittal.--If the Director of
National Intelligence determines that the National Intelligence
Estimate required by paragraph (1) cannot be submitted by the
date specified in that paragraph, the Director shall notify
Congress and provide--
(A) the reasons that the National Intelligence
Estimate cannot be submitted by such date; and
(B) an anticipated date for the submittal of the
National Intelligence Estimate.
(b) Content.--The Director of National Intelligence shall prepare
the National Intelligence Estimate required by this section using the
mid-range projections of the fourth assessment report of the
Intergovernmental Panel on Climate Change--
(1) to assess the political, social, agricultural, and
economic risks during the 30-year period beginning on the date
of the enactment of this Act posed by global climate change for
countries or regions that are--
(A) of strategic economic or military importance to
the United States and at risk of significant impact due
to global climate change; or
(B) at significant risk of large-scale humanitarian
suffering with cross-border implications as predicted
on the basis of the assessments;
(2) to assess other risks posed by global climate change,
including increased conflict over resources or between ethnic
groups, within countries or transnationally, increased
displacement or forced migrations of vulnerable populations due
to inundation or other causes, increased food insecurity, and
increased risks to human health from infectious disease;
(3) to assess the capabilities of the countries or regions
described in subparagraph (A) or (B) of paragraph (1) to
respond to adverse impacts caused by global climate change; and
(4) to make recommendations for further assessments of
security consequences of global climate change that would
improve national security planning.
(c) Coordination.--In preparing the National Intelligence Estimate
under this section, the Director of National Intelligence shall consult
with representatives of the scientific community, including atmospheric
and climate studies, security studies, conflict studies, economic
assessments, and environmental security studies, the Secretary of
Defense, the Secretary of State, the Administrator of the National
Oceanographic and Atmospheric Administration, the Administrator of the
National Aeronautics and Space Administration, the Administrator of the
Environmental Protection Agency, the Secretary of Energy, and the
Secretary of Agriculture, and, if appropriate, multilateral
institutions and allies of the United States that have conducted
significant research on global climate change.
(d) Assistance.--
(1) Agencies of the united states.--In order to produce the
National Intelligence Estimate required by subsection (a), the
Director of National Intelligence may request any appropriate
assistance from any agency, department, or other entity of the
United State Government and such agency, department, or other
entity shall provide the assistance requested.
(2) Other entities.--In order to produce the National
Intelligence Estimate required by subsection (a), the Director
of National Intelligence may request any appropriate assistance
from any other person or entity.
(3) Reimbursement.--The Director of National Intelligence
is authorized to provide appropriate reimbursement to the head
of an agency, department, or entity of the United States
Government that provides support requested under paragraph (1)
or any other person or entity that provides assistance
requested under paragraph (2).
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Director of National Intelligence
such sums as may be necessary to carry out this subsection.
(e) Form.--The National Intelligence Estimate required by this
section shall be submitted in unclassified form, to the extent
consistent with the protection of intelligence sources and methods, and
include unclassified key judgments of the National Intelligence
Estimate. The National Intelligence Estimate may include a classified
annex.
(f) Duplication.--If the Director of National Intelligence
determines that a National Intelligence Estimate, or other formal,
coordinated intelligence product that meets the procedural requirements
of a National Intelligence Estimate, has been prepared that includes
the content required by subsection (b) prior to the date of the
enactment of this Act, the Director of National Intelligence shall not
be required to produce the National Intelligence Estimate required by
subsection (a).
SEC. 322. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Report on Intelligence.--
(1) Repeal.--Section 109 of the National Security Act of
1947 (50 U.S.C. 404d) is repealed.
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
striking the item relating to section 109.
(b) Annual and Special Reports on Intelligence Sharing With the
United Nations.--Section 112 of the National Security Act of 1947 (50
U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual Report on Safety and Security of Russian Nuclear
Facilities and Forces.--Section 114 of the National Security Act of
1947 (50 U.S.C. 404i) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively.
(d) Annual Certification on Counterintelligence Initiatives.--
Section 1102(b) of the National Security Act of 1947 (50 U.S.C.
442a(b)) is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(e) Report and Certification Under Terrorist Identification
Classification System.--Section 343 of the Intelligence Authorization
Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
(f) Annual Report on Counterdrug Intelligence Matters.--Section 826
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed.
(g) Semiannual Report on Contributions to Proliferation Efforts of
Countries of Proliferation Concern.--Section 722 of the Combatting
Proliferation of Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2369) is repealed.
(h) Conforming Amendments.--Section 507(a) of the National Security
Act of 1947 (50 U.S.C. 415b(a)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (A) and (B); and
(B) by redesignating subparagraphs (C) through (N)
as subparagraphs (A) through (L), respectively; and
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (D);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as redesignated by
subparagraph (B) of this paragraph, by striking
``114(c)'' and inserting ``114(b)''.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. REQUIREMENTS FOR ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Responsibility of the Director of National Intelligence.--
Subsection (b) of section 102 of the National Security Act of 1947 (50
U.S.C. 403) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) by striking ``2004,'' and inserting ``2004 (50
U.S.C. 403 note),''; and
(B) by striking the period at the end and inserting
a semicolon and ``and''; and
(3) by inserting after paragraph (3), the following new
paragraph:
``(4) conduct accountability reviews of elements of the
intelligence community and the personnel of such elements, if
appropriate.''.
(b) Tasking and Other Authorities.--Subsection (f) of section 102A
of such Act (50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (7) and (8), as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6), the following new
paragraph:
``(7)(A) The Director of National Intelligence shall, if the
Director determines it is necessary or if requested by a congressional
intelligence committee, conduct accountability reviews of elements of
the intelligence community or the personnel of such elements in
relation to significant failures or deficiencies within the
intelligence community.
``(B) The Director of National Intelligence, in consultation with
the Attorney General, shall establish guidelines and procedures for
conducting accountability reviews under subparagraph (A).
``(C) The requirements of this paragraph shall not limit any
authority of the Director of National Intelligence under subsection (m)
or with respect to supervision of the Central Intelligence Agency.''.
SEC. 402. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON INTELLIGENCE INFORMATION SHARING.
(a) Authorities of the Director of National Intelligence.--Section
102A(g)(1) of the National Security Act of 1947 (50 U.S.C. 403-1(g)(1))
is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) in carrying out this subsection, without regard to
any other provision of law (other than this Act and the
National Security Intelligence Reform Act of 2004 (title I of
Public Law 108-458)), expend funds and make funds available to
other department or agencies of the United States for, and
direct the development and fielding of, systems of common
concern related to the collection, processing, analysis,
exploitation, and dissemination of intelligence information;
and
``(H) for purposes of addressing critical gaps in
intelligence information sharing or access capabilities, have
the authority to transfer funds appropriated for a program
within the National Intelligence Program to a program funded by
appropriations not within the National Intelligence Program,
consistent with paragraphs (3) through (7) of subsection
(d).''.
(b) Authorities of Heads of Other Departments and Agencies.--
Notwithstanding any other provision of law, the head of any department
or agency of the United States is authorized to receive and utilize
funds made available to the department or agency by the Director of
National Intelligence pursuant to section 102A(g)(1) of the National
Security Act of 1947 (50 U.S.C. 403-1(g)(1)), as amended by subsection
(a), and receive and utilize any system referred to in such section
that is made available to the department or agency.
SEC. 403. MODIFICATION OF LIMITATION ON DELEGATION BY THE DIRECTOR OF
NATIONAL INTELLIGENCE OF THE PROTECTION OF INTELLIGENCE
SOURCES AND METHODS.
Section 102A(i)(3) of the National Security Act of 1947 (50 U.S.C.
403-1(i)(3)) is amended by inserting before the period the following:
``, any Deputy Director of National Intelligence, the Chief Information
Officer of the Intelligence Community, or the head of any element of
the intelligence community''.
SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsection:
``(s) Additional Administrative Authorities.--(1) Notwithstanding
section 1346 of title 31, United States Code, or any other provision of
law prohibiting the interagency financing of activities described in
subparagraph (A) or (B), upon the request of the Director of National
Intelligence, any element of the intelligence community may use
appropriated funds to support or participate in the interagency
activities of the following:
``(A) National intelligence centers established by the
Director under section 119B.
``(B) Boards, commissions, councils, committees, and
similar groups that are established--
``(i) for a term of not more than two years; and
``(ii) by the Director.
``(2) No provision of law enacted after the date of the enactment
of the Intelligence Authorization Act for Fiscal Year 2008 shall be
construed to limit or supersede the authority in paragraph (1) unless
such provision makes specific reference to the authority in that
paragraph.''.
SEC. 405. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF NATIONAL
INTELLIGENCE FOR FLEXIBLE PERSONNEL MANAGEMENT AMONG THE
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 404 of this Act, is further amended by adding
at the end the following new subsections:
``(t) Authority To Establish Positions in Excepted Service.--(1)
The Director of National Intelligence may, with the concurrence of the
head of the department or agency concerned and in coordination with the
Director of the Office of Personnel Management--
``(A) convert such competitive service positions, and their
incumbents, within an element of the intelligence community to
excepted service positions as the Director of National
Intelligence determines necessary to carry out the intelligence
functions of such element; and
``(B) establish the classification and ranges of rates of
basic pay for positions so converted, notwithstanding otherwise
applicable laws governing the classification and rates of basic
pay for such positions.
``(2)(A) At the request of the Director of National Intelligence,
the head of a department or agency may establish new positions in the
excepted service within an element of such department or agency that is
part of the intelligence community if the Director determines that such
positions are necessary to carry out the intelligence functions of such
element.
``(B) The Director of National Intelligence may establish the
classification and ranges of rates of basic pay for any position
established under subparagraph (A), notwithstanding otherwise
applicable laws governing the classification and rates of basic pay for
such positions
``(3) The head of the department or agency concerned is authorized
to appoint individuals for service in positions converted under
paragraph (1) or established under paragraph (2) without regard to the
provisions of chapter 33 of title 5, United States Code, governing
appointments in the competitive service, and to fix the compensation of
such individuals within the applicable ranges of rates of basic pay
established by the Director of National Intelligence.
``(4) The maximum rate of basic pay established under this
subsection is the rate for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
``(u) Pay Authority for Critical Positions.--(1) Notwithstanding
any pay limitation established under any other provision of law
applicable to employees in elements of the intelligence community, the
Director of National Intelligence may, in consultation with the
Director of the Office of Personnel Management and the Director of the
Office of Management and Budget, grant authority to fix the rate of
basic pay for one or more positions within the intelligence community
at a rate in excess of any applicable limitation, subject to the
provisions of this subsection. The exercise of authority so granted is
at the discretion of the head of the department or agency employing the
individual in a position covered by such authority, subject to the
provisions of this subsection and any conditions established by the
Director of National Intelligence when granting such authority.
``(2) Authority under this subsection may be granted or exercised--
``(A) only with respect to a position which requires an
extremely high level of expertise and is critical to successful
accomplishment of an important mission; and
``(B) only to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) A rate of basic pay may not be fixed under this subsection at
a rate greater than the rate payable for level II of the Executive
Schedule under section 5312 of title 5, United States Code, except upon
written approval of the Director of National Intelligence or as
otherwise authorized by law.
``(4) A rate of basic pay may not be fixed under this subsection at
a rate greater than the rate payable for level I of the Executive
Schedule under section 5311 of title 5, United States Code, except upon
written approval of the President in response to a request by the
Director of National Intelligence or as otherwise authorized by law.
``(5) Any grant of authority under this subsection for a position
shall terminate at the discretion of the Director of National
Intelligence.
``(v) Extension of Flexible Personnel Management Authorities.--(1)
Notwithstanding any other provision of law, in order to ensure the
equitable treatment of employees across the intelligence community, the
Director of National Intelligence may, with the concurrence of the head
of the department or agency concerned, or for those matters that fall
under the responsibilities of the Office of Personnel Management under
statute or Executive Order, in coordination with the Director of the
Office of Personnel Management, authorize one or more elements of the
intelligence community to adopt compensation authority, performance
management authority, and scholarship authority that have been
authorized for another element of the intelligence community if the
Director of National Intelligence--
``(A) determines that the adoption of such authority would
improve the management and performance of the intelligence
community, and
``(B) submits to the congressional intelligence committees,
not later than 60 days before such authority is to take effect,
notice of the adoption of such authority by such element or
elements, including the authority to be so adopted, and an
estimate of the costs associated with the adoption of such
authority.
``(2) To the extent that an existing compensation authority within
the intelligence community is limited to a particular category of
employees or a particular situation, the authority may be adopted in
another element of the intelligence community under this subsection
only for employees in an equivalent category or in an equivalent
situation.
``(3) In this subsection, the term `compensation authority' means
authority involving basic pay (including position classification),
premium pay, awards, bonuses, incentives, allowances, differentials,
student loan repayments, and special payments, but does not include
authorities as follows:
``(A) Authorities related to benefits such as leave,
severance pay, retirement, and insurance.
``(B) Authority to grant Presidential Rank Awards under
sections 4507 and 4507a of title 5, United States Code, section
3151(c) of title 31, United States Code, and any other
provision of law.
``(C) Compensation authorities and performance management
authorities provided under provisions of law relating to the
Senior Executive Service.''.
SEC. 406. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 103(e) of the National Security Act of 1947 (50 U.S.C. 403-
3(e)) is amended--
(1) by striking ``With'' and inserting ``of Headquarters
With Headquarters of'';
(2) by inserting ``the headquarters of'' before ``the
Office''; and
(3) by striking ``any other element'' and inserting ``the
headquarters of any other element''.
SEC. 407. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY
OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Coordination and Prioritization of Research Conducted by
Elements of Intelligence Community.--Subsection (d) of section 103E of
the National Security Act of 1947 (50 U.S.C. 403-3e) is amended--
(1) in paragraph (3)(A), by inserting ``and prioritize''
after ``coordinate''; and
(2) by adding at the end the following new paragraph:
``(4) In carrying out paragraph (3)(A), the Committee shall
identify basic, advanced, and applied research programs to be carried
out by elements of the intelligence community.''.
(b) Development of Technology Goals.--That section is further
amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(9); and
(C) by inserting after paragraph (4) the following
new paragraphs:
``(5) assist the Director in establishing goals for the
elements of the intelligence community to meet the technology
needs of the intelligence community;
``(6) under the direction of the Director, establish
engineering standards and specifications applicable to each
acquisition of a major system (as that term is defined in
section 506A(e)(3)) by the intelligence community;
``(7) develop 15-year projections and assessments of the
needs of the intelligence community to ensure a robust Federal
scientific and engineering workforce and the means to recruit
such a workforce through integrated scholarships across the
intelligence community, including research grants and
cooperative work-study programs;
``(8) ensure that each acquisition program of the
intelligence community for a major system (as so defined)
complies with the standards and specifications established
under paragraph (6); and''; and
(2) by adding at the end the following new subsection:
``(e) Goals for Technology Needs of Intelligence Community.--In
carrying out subsection (c)(5), the Director of Science and Technology
shall--
``(1) systematically identify and assess the most
significant intelligence challenges that require technical
solutions;
``(2) examine options to enhance the responsiveness of
research and design programs of the elements of the
intelligence community to meet the requirements of the
intelligence community for timely support; and
``(3) assist the Director of National Intelligence in
establishing research and development priorities and projects
for the intelligence community that--
``(A) are consistent with current or future
national intelligence requirements;
``(B) address deficiencies or gaps in the
collection, processing, analysis, or dissemination of
national intelligence;
``(C) take into account funding constraints in
program development and acquisition; and
``(D) address system requirements from collection
to final dissemination (also known as `end-to-end
architecture').''.
(c) Report.--
(1) In general.--Not later than June 30, 2008, the Director
of National Intelligence shall submit to Congress a report
containing a strategy for the development and use of technology
in the intelligence community through 2021.
(2) Elements.--The report under paragraph (1) shall
include--
(A) an assessment of the highest priority
intelligence gaps across the intelligence community
that may be resolved by the use of technology;
(B) goals for advanced research and development and
a strategy to achieve such goals;
(C) an explanation of how each advanced research
and development project funded under the National
Intelligence Program addresses an identified
intelligence gap;
(D) a list of all current and projected research
and development projects by research type (basic,
advanced, or applied) with estimated funding levels,
estimated initiation dates, and estimated completion
dates; and
(E) a plan to incorporate technology from research
and development projects into National Intelligence
Program acquisition programs.
(3) Form.--The report under paragraph (1) may be submitted
in classified form.
SEC. 408. TITLE OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103G of the National Security Act of 1947 (50 U.S.C. 403-
3g) is amended--
(1) in subsection (a), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(2) in subsection (b), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(3) in subsection (c), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer''; and
(4) in subsection (d), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'' the first place
it appears.
SEC. 409. RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by inserting after section 103G the
following new section:
``reserve for contingencies of the office of the director of national
intelligence
``Sec. 103H. (a) In General.--There is established a fund to be
known as the `Reserve for Contingencies of the Office of the Director
of National Intelligence' (in this section referred to as the
`Reserve').
``(b) Elements.--(1) The Reserve shall consist of the following
elements:
``(A) Amounts authorized to be appropriated to the Reserve.
``(B) Amounts authorized to be transferred to or deposited
in the Reserve by law.
``(2) No amount may be transferred to the Reserve under
subparagraph (B) of paragraph (1) during a fiscal year after the date
on which a total of $50,000,000 has been transferred to or deposited in
the Reserve under subparagraph (A) or (B) of such paragraph.
``(c) Amounts Available for Deposit.--Amounts deposited into the
Reserve shall be amounts appropriated to the National Intelligence
Program.
``(d) Availability of Funds.--(1) Amounts in the Reserve shall be
available for such purposes as are provided by law for the Office of
the Director of National Intelligence or the separate elements of the
intelligence community for support of emerging needs, improvements to
program effectiveness, or increased efficiency.
``(2)(A) Subject to subparagraph (B), amounts in the Reserve may be
available for a program or activity if--
``(i) the Director of National Intelligence, consistent
with the provisions of sections 502 and 503, notifies the
congressional intelligence committees of the intention to
utilize such amounts for such program or activity; and
``(ii) 15 calendar days elapses after the date of such
notification.
``(B) In addition to the requirements in subparagraph (A), amounts
in the Reserve may be available for a program or activity not
previously authorized by Congress only with the approval of the
Director the Office of Management and Budget.
``(3) Use of any amounts in the Reserve shall be subject to the
direction and approval of the Director of National Intelligence, or the
designee of the Director, and shall be subject to such procedures as
the Director may prescribe.
``(4) Amounts transferred to or deposited in the Reserve in a
fiscal year under subsection (b) shall be available under this
subsection in such fiscal year and the fiscal year following such
fiscal year.''.
(b) Applicability.--No funds appropriated prior to the date of the
enactment of this Act may be transferred to or deposited in the Reserve
for Contingencies of the Office of the Director of National
Intelligence established in section 103H of the National Security Act
of 1947, as added by subsection (a).
(c) Clerical Amendment.--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 103G the following new item:
``Sec. 103H. Reserve for Contingencies of the Office of the Director of
National Intelligence.''.
SEC. 410. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 409 of this
Act, is further amended by inserting after section 103H the
following new section:
``inspector general of the intelligence community
``Sec. 103I. (a) Office of Inspector General of Intelligence
Community.--There is within the Office of the Director of National
Intelligence an Office of the Inspector General of the Intelligence
Community.
``(b) Purpose.--The purpose of the Office of the Inspector General
of the Intelligence Community is to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and conduct
independently investigations, inspections, and audits on
matters within the responsibility and authority of the Director
of National Intelligence;
``(2) recommend policies designed--
``(A) to promote economy, efficiency, and
effectiveness in the administration and implementation
of matters within the responsibility and authority of
the Director of National Intelligence; and
``(B) to prevent and detect fraud and abuse in such
matters;
``(3) provide a means for keeping the Director of National
Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to matters
within the responsibility and authority of the Director
of National Intelligence; and
``(B) the necessity for, and the progress of,
corrective actions; and
``(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of--
``(A) significant problems and deficiencies
relating to matters within the responsibility and
authority of the Director of National Intelligence; and
``(B) the necessity for, and the progress of,
corrective actions.
``(c) Inspector General of Intelligence Community.--(1) There is an
Inspector General of the Intelligence Community, who shall be the head
of the Office of the Inspector General of the Intelligence Community,
who shall be appointed by the President, by and with the advice and
consent of the Senate.
``(2) The nomination of an individual for appointment as Inspector
General shall be made--
``(A) without regard to political affiliation;
``(B) solely on the basis of integrity, compliance with the
security standards of the intelligence community, and prior
experience in the field of intelligence or national security;
and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
``(3) The Inspector General shall report directly to and be under
the general supervision of the Director of National Intelligence.
``(4) The Inspector General may be removed from office only by the
President. The President shall immediately communicate in writing to
the congressional intelligence committees the reasons for the removal
of any individual from the position of Inspector General.
``(d) Duties and Responsibilities.--Subject to subsections (g) and
(h), it shall be the duty and responsibility of the Inspector General
of the Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, and audits relating to matters
within the responsibility and authority of the Director of
National Intelligence to ensure they are conducted efficiently
and in accordance with applicable law and regulations;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies that
may occur in matters within the responsibility and authority of
the Director, and to report the progress made in implementing
corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by
the Inspector General, and, to the extent consistent with the
purpose and objective of such reports, take such measures as
may be appropriate to minimize the disclosure of intelligence
sources and methods described in such reports; and
``(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing standards.
``(e) Limitations on Activities.--(1) The Director of National
Intelligence may prohibit the Inspector General of the Intelligence
Community from initiating, carrying out, or completing any
investigation, inspection, or audit if the Director determines that
such prohibition is necessary to protect vital national security
interests of the United States.
``(2) If the Director exercises the authority under paragraph (1),
the Director shall submit an appropriately classified statement of the
reasons for the exercise of such authority within 7 days to the
congressional intelligence committees.
``(3) The Director shall advise the Inspector General at the time a
report under paragraph (2) is submitted, and, to the extent consistent
with the protection of intelligence sources and methods, provide the
Inspector General with a copy of such report.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the Inspector
General has notice under paragraph (3) that the Inspector General
considers appropriate.
``(f) Authorities.--(1) The Inspector General of the Intelligence
Community shall have direct and prompt access to the Director of
National Intelligence when necessary for any purpose pertaining to the
performance of the duties of the Inspector General.
``(2)(A) The Inspector General shall have access to any employee,
or any employee of a contractor, of any element of the intelligence
community whose testimony is needed for the performance of the duties
of the Inspector General.
``(B) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers, recommendations,
or other material which relate to the programs and operations with
respect to which the Inspector General has responsibilities under this
section.
``(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient rationale
for denying the Inspector General access to any materials under
subparagraph (B).
``(D) Failure on the part of any employee, or any employee of a
contractor, of any element of the intelligence community to cooperate
with the Inspector General shall be grounds for appropriate
administrative actions by the Director or, on the recommendation of the
Director, other appropriate officials of the intelligence community,
including loss of employment or the termination of an existing
contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person concerning the
existence of an activity constituting a violation of laws, rules, or
regulations, or mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the public health
and safety. Once such complaint or information has been received from
an employee of the Federal Government--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless the
Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of Justice
responsible for determining whether a prosecution should be
undertaken; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee in a position to take such actions, unless the
complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its
truth or falsity.
``(4) The Inspector General shall have authority to administer to
or take from any person an oath, affirmation, or affidavit, whenever
necessary in the performance of the duties of the Inspector General,
which oath, affirmation, or affidavit when administered or taken by or
before an employee of the Office of the Inspector General of the
Intelligence Community designated by the Inspector General shall have
the same force and effect as if administered or taken by or before an
officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the Inspector
General is authorized to require by subpoena the production of all
information, documents, reports, answers, records, accounts, papers,
and other data and documentary evidence necessary in the performance of
the duties and responsibilities of the Inspector General.
``(B) In the case of departments, agencies, and other elements of
the United States Government, the Inspector General shall obtain
information, documents, reports, answers, records, accounts, papers,
and other data and evidence for the purpose specified in subparagraph
(A) using procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for or on
behalf of any other element of the intelligence community, including
the Office of the Director of National Intelligence.
``(D) In the case of contumacy or refusal to obey a subpoena issued
under this paragraph, the subpoena shall be enforceable by order of any
appropriate district court of the United States.
``(g) Coordination Among Inspectors General of Intelligence
Community.--(1)(A) In the event of a matter within the jurisdiction of
the Inspector General of the Intelligence Community that may be subject
to an investigation, inspection, or audit by both the Inspector General
of the Intelligence Community and an Inspector General, whether
statutory or administrative, with oversight responsibility for an
element or elements of the intelligence community, the Inspector
General of the Intelligence Community and such other Inspector or
Inspectors General shall expeditiously resolve the question of which
Inspector General shall conduct such investigation, inspection, or
audit.
``(B) In attempting to resolve a question under subparagraph (A),
the Inspectors General concerned may request the assistance of the
Intelligence Community Inspectors General Forum established under
subparagraph (C). In the event that the Inspectors General are unable
to resolve the question with assistance of that Forum, the Inspectors
General shall submit the question to the Director of National
Intelligence for resolution.
``(C) There is established the Intelligence Community Inspectors
General Forum which shall consist of all statutory or administrative
Inspectors General with oversight responsibility for an element or
elements of the intelligence community. The Inspector General of the
Intelligence Community shall serve as the chair of the Forum. The Forum
shall have no administrative authority over any Inspector General, but
shall serve as a mechanism for informing its members of the work of
individual members of the Forum that may be of common interest and
discussing questions about jurisdiction or access to employees,
employees of a contractor, records, audits, reviews, documents,
recommendations, or other materials that may involve or be of
assistance to more than one of its members.
``(2) The Inspector General conducting an investigation,
inspection, or audit covered by paragraph (1) shall submit the results
of such investigation, inspection, or audit to any other Inspector
General, including the Inspector General of the Intelligence Community,
with jurisdiction to conduct such investigation, inspection, or audit
who did not conduct such investigation, inspection, or audit.
``(h) Staff and Other Support.--(1) The Inspector General of the
Intelligence Community shall be provided with appropriate and adequate
office space at central and field office locations, together with such
equipment, office supplies, maintenance services, and communications
facilities and services as may be necessary for the operation of such
offices.
``(2)(A) Subject to applicable law and the policies of the Director
of National Intelligence, the Inspector General shall select, appoint,
and employ such officers and employees as may be necessary to carry out
the functions of the Inspector General. The Inspector General shall
ensure that any officer or employee so selected, appointed, or employed
has security clearances appropriate for the assigned duties of such
officer or employee.
``(B) In making selections under subparagraph (A), the Inspector
General shall ensure that such officers and employees have the
requisite training and experience to enable the Inspector General to
carry out the duties of the Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the Inspector
General shall create within the Office of the Inspector General of the
Intelligence Community a career cadre of sufficient size to provide
appropriate continuity and objectivity needed for the effective
performance of the duties of the Inspector General.
``(3)(A) Subject to the concurrence of the Director, the Inspector
General may request such information or assistance as may be necessary
for carrying out the duties and responsibilities of the Inspector
General from any department, agency, or other element of the United
States Government.
``(B) Upon request of the Inspector General for information or
assistance under subparagraph (A), the head of the department, agency,
or element concerned shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the department, agency, or element, furnish to the Inspector General,
or to an authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community may, upon
reasonable notice to the head of any element of the intelligence
community, conduct, as authorized by this section, an investigation,
inspection, or audit of such element and may enter into any place
occupied by such element for purposes of the performance of the duties
of the Inspector General.
``(i) Reports.--(1)(A) The Inspector General of the Intelligence
Community shall, not later than January 31 and July 31 of each year,
prepare and submit to the Director of National Intelligence a
classified, and, as appropriate, unclassified semiannual report
summarizing the activities of the Office of the Inspector General of
the Intelligence Community during the immediately preceding 6-month
periods ending December 31 (of the preceding year) and June 30,
respectively.
``(B) Each report under this paragraph shall include, at a minimum,
the following:
``(i) A list of the title or subject of each investigation,
inspection, or audit conducted during the period covered by
such report, including a summary of the progress of each
particular investigation, inspection, or audit since the
preceding report of the Inspector General under this paragraph.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration and implementation
of programs and operations of the intelligence community, and
in the relationships between elements of the intelligence
community, identified by the Inspector General during the
period covered by such report.
``(iii) A description of the recommendations for corrective
or disciplinary action made by the Inspector General during the
period covered by such report with respect to significant
problems, abuses, or deficiencies identified in clause (ii).
``(iv) A statement whether or not corrective or
disciplinary action has been completed on each significant
recommendation described in previous semiannual reports, and,
in a case where corrective action has been completed, a
description of such corrective action.
``(v) A certification whether or not the Inspector General
has had full and direct access to all information relevant to
the performance of the functions of the Inspector General.
``(vi) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
``(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of matters within the responsibility and
authority of the Director of National Intelligence, and to
detect and eliminate fraud and abuse in such matters.
``(C) Not later than the 30 days after the date of receipt of a
report under subparagraph (A), the Director shall transmit the report
to the congressional intelligence committees together with any comments
the Director considers appropriate.
``(2)(A) The Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to
matters within the responsibility and authority of the Director of
National Intelligence.
``(B) The Director shall transmit to the congressional intelligence
committees each report under subparagraph (A) within seven calendar
days of receipt of such report, together with such comments as the
Director considers appropriate.
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(B) an investigation, inspection, or audit carried out by
the Inspector General focuses on any current or former
intelligence community official who--
``(i) holds or held a position in an element of the
intelligence community that is subject to appointment
by the President, whether or not by and with the advice
and consent of the Senate, including such a position
held on an acting basis;
``(ii) holds or held a position in an element of
the intelligence community, including a position held
on an acting basis, that is appointed by the Director
of National Intelligence; or
``(iii) holds or held a position as head of an
element of the intelligence community or a position
covered by subsection (b) or (c) of section 106;
``(C) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by a
current or former official described in subparagraph (B);
``(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or
``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a report on
such matter to the congressional intelligence committees.
``(4) Pursuant to title V, the Director shall submit to the
congressional intelligence committees any report or findings and
recommendations of an investigation, inspection, or audit conducted by
the office which has been requested by the Chairman or Vice Chairman or
Ranking Minority Member of either committee.
``(5)(A) An employee of an element of the intelligence community,
an employee assigned or detailed to an element of the intelligence
community, or an employee of a contractor to the intelligence community
who intends to report to Congress a complaint or information with
respect to an urgent concern may report such complaint or information
to the Inspector General.
``(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a complaint or
information under subparagraph (A), the Inspector General shall
determine whether the complaint or information appears credible. Upon
making such a determination, the Inspector General shall transmit to
the Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector General
under subparagraph (B), the Director shall, within seven calendar days
of such receipt, forward such transmittal to the congressional
intelligence committees, together with any comments the Director
considers appropriate.
``(D)(i) If the Inspector General does not find credible under
subparagraph (B) a complaint or information submitted under
subparagraph (A), or does not transmit the complaint or information to
the Director in accurate form under subparagraph (B), the employee
(subject to clause (ii)) may submit the complaint or information to
Congress by contacting either or both of the congressional intelligence
committees directly.
``(ii) An employee may contact the intelligence committees directly
as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the intelligence
committees in accordance with appropriate security practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or information under
clause (i) does so in that member or employee's official capacity as a
member or employee of such committee.
``(E) The Inspector General shall notify an employee who reports a
complaint or information to the Inspector General under this paragraph
of each action taken under this paragraph with respect to the complaint
or information. Such notice shall be provided not later than 3 days
after any such action is taken.
``(F) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.
``(G) In this paragraph, the term `urgent concern' means any of the
following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the funding,
administration, or operation of an intelligence activity
involving classified information, but does not include
differences of opinions concerning public policy matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(iii) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with this
paragraph.
``(H) In support of this paragraph, Congress makes the findings set
forth in paragraphs (1) through (6) of section 701(b) of the
Intelligence Community Whistleblower Protection Act of 1998 (title VII
of Public Law 105-272; 5 U.S.C. App. 8H note).
``(6) In accordance with section 535 of title 28, United States
Code, the Inspector General shall report to the Attorney General any
information, allegation, or complaint received by the Inspector General
relating to violations of Federal criminal law that involves a program
or operation of an element of the intelligence community, or in the
relationships between the elements of the intelligence community,
consistent with such guidelines as may be issued by the Attorney
General pursuant to subsection (b)(2) of such section. A copy of each
such report shall be furnished to the Director.
``(j) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures to be issued by the
Director in consultation with the congressional intelligence
committees, include in the National Intelligence Program budget a
separate account for the Office of Inspector General of the
Intelligence Community.
``(k) Construction of Duties Regarding Elements of Intelligence
Community.--Except as resolved pursuant to subsection (g), the
performance by the Inspector General of the Intelligence Community of
any duty, responsibility, or function regarding an element of the
intelligence community shall not be construed to modify or effect the
duties and responsibilities of any other Inspector General, whether
statutory or administrative, having duties and responsibilities
relating to such element.''.
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by
section 409 of this Act, is further amended by inserting after
the item relating to section 103H the following new item:
``Sec. 103I. Inspector General of the Intelligence Community.''.
(b) Repeal of Superseded Authority To Establish Position.--Section
8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.
(c) Executive Schedule Level IV.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following new item:
``Inspector General of the Intelligence Community.''.
SEC. 411. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a) of the
National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
(1) by striking ``(a) Establishment.--Not later than 18
months after the date of the enactment of the National Security
Intelligence Reform Act of 2004, the'' and inserting the
following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the National
Counter Proliferation Center, who shall be appointed by the
Director of National Intelligence.
``(3) Location.--The National Counter Proliferation Center
shall be located within the Office of the Director of National
Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is
amended--
(1) by redesignating paragraph (9) as paragraph (13); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism
Center.
``(12) The Director of the National Counter Proliferation
Center.''.
SEC. 412. NATIONAL SPACE INTELLIGENCE OFFICE.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
``national space intelligence office
``Sec. 119C. (a) Establishment.--There is established within the
Office of the Director of National Intelligence a National Space
Intelligence Office.
``(b) Director of National Space Intelligence Office.--The National
Intelligence Officer for Science and Technology, or a successor
position designated by the Director of National Intelligence, shall act
as the Director of the National Space Intelligence Office.
``(c) Missions.--The National Space Intelligence Office shall have
the following missions:
``(1) To coordinate and provide policy direction for the
management of space-related intelligence assets.
``(2) To prioritize collection activities consistent with
the National Intelligence Collection Priorities framework, or a
successor framework or other document designated by the
Director of National Intelligence.
``(3) To provide policy direction for programs designed to
ensure a sufficient cadre of government and nongovernment
personnel in fields relating to space intelligence, including
programs to support education, recruitment, hiring, training,
and retention of qualified personnel.
``(4) To evaluate independent analytic assessments of
threats to classified United States space intelligence systems
throughout all phases of the development, acquisition, and
operation of such systems.
``(d) Access to Information.--The Director of National Intelligence
shall ensure that the National Space Intelligence Office has access to
all national intelligence information (as appropriate), and such other
information (as appropriate and practical), necessary for the Office to
carry out the missions of the Office under subsection (c).
``(e) Separate Budget Account.--The Director of National
Intelligence shall include in the National Intelligence Program budget
a separate line item for the National Space Intelligence Office.''.
(2) Clerical amendment.--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 119B the following
new item:
``Sec. 119C. National Space Intelligence Office.''.
(b) Report on Organization of Office.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the National
Space Intelligence Office shall submit to the Select Committee
on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives a
report on the organizational structure of the National Space
Intelligence Office established by section 119C of the National
Security Act of 1947 (as added by subsection (a)).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The proposed organizational structure of the
National Space Intelligence Office.
(B) An identification of key participants in the
Office.
(C) A strategic plan for the Office during the
five-year period beginning on the date of the report.
SEC. 413. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) In General.--Title VII of the National Security Act of 1947 (50
U.S.C. 431 et seq.) is amended by adding at the end the following new
section:
``protection of certain files of the office of the director of national
intelligence
``Sec. 706. (a) Records From Exempted Operational Files.--(1) Any
record disseminated or otherwise provided to an element of the Office
of the Director of National Intelligence from the exempted operational
files of elements of the intelligence community designated in
accordance with this title, and any operational files created by the
Office of the Director of National Intelligence that incorporate such
record in accordance with subparagraph (A)(ii), shall be exempted from
the provisions of section 552 of title 5, United States Code that
require search, review, publication or disclosure in connection
therewith, in any instance in which--
``(A)(i) such record is shared within the Office of the
Director of National Intelligence and not disseminated by that
Office beyond that Office; or
``(ii) such record is incorporated into new records created
by personnel of the Office of the Director of National
Intelligence and maintained in operational files of the Office
of the Director of National Intelligence and such record is not
disseminated by that Office beyond that Office; and
``(B) the operational files from which such record has been
obtained continue to remain designated as operational files
exempted from section 552 of title 5, United States Code.
``(2) The operational files of the Office of the Director of
National Intelligence referred to in paragraph (1)(A)(ii) shall be
similar in nature to the originating operational files from which the
record was disseminated or provided, as such files are defined in this
title.
``(3) Records disseminated or otherwise provided to the Office of
the Director of National Intelligence from other elements of the
intelligence community that are not protected by paragraph (1), and
that are authorized to be disseminated beyond the Office of the
Director of National Intelligence, shall remain subject to search and
review under section 552 of title 5, United States Code, but may
continue to be exempted from the publication and disclosure provisions
of that section by the originating agency to the extent that such
section permits.
``(4) Notwithstanding any other provision of this title, records in
the exempted operational files of the Central Intelligence Agency, the
National Geospatial-Intelligence Agency, the National Reconnaissance
Office, the National Security Agency, or the Defense Intelligence
Agency shall not be subject to the search and review provisions of
section 552 of title 5, United States Code, solely because they have
been disseminated to an element or elements of the Office of the
Director of National Intelligence, or referenced in operational files
of the Office of the Director of National Intelligence and that are not
disseminated beyond the Office of the Director of National
Intelligence.
``(5) Notwithstanding any other provision of this title, the
incorporation of records from the operational files of the Central
Intelligence Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, the National Security Agency, or the
Defense Intelligence Agency, into operational files of the Office of
the Director of National Intelligence shall not subject that record or
the operational files of the Central Intelligence Agency, the National
Geospatial-Intelligence Agency, the National Reconnaissance Office, the
National Security Agency or the Defense Intelligence Agency to the
search and review provisions of section 552 of title 5, United States
Code.
``(b) Other Records.--(1) Files in the Office of the Director of
National Intelligence that are not exempted under subsection (a) of
this section which contain information derived or disseminated from
exempted operational files shall be subject to search and review under
section 552 of title 5, United States Code.
``(2) The inclusion of information from exempted operational files
in files of the Office of the Director of National Intelligence that
are not exempted under subsection (a) shall not affect the exemption of
the originating operational files from search, review, publication, or
disclosure.
``(3) Records from exempted operational files of the Office of the
Director of National Intelligence which have been disseminated to and
referenced in files that are not exempted under subsection (a), and
which have been returned to exempted operational files of the Office of
the Director of National Intelligence for sole retention, shall be
subject to search and review.
``(c) Search and Review for Certain Purposes.--Notwithstanding
subsection (a), exempted operational files shall continue to be subject
to search and review for information concerning any of the following:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code.
``(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code.
``(3) The specific subject matter of an investigation by
any of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, in the conduct of
an intelligence activity:
``(A) The Select Committee on Intelligence of the
Senate.
``(B) The Permanent Select Committee on
Intelligence of the House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of National
Intelligence.
``(F) The Office of the Inspector General of the
Intelligence Community.
``(d) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of National Intelligence shall
review the operational files exempted under subsection (a) to determine
whether such files, or any portion of such files, may be removed from
the category of exempted files.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of the particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant that alleges that Director of National
Intelligence has improperly withheld records because of failure to
comply with this subsection may seek judicial review in the district
court of the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding, the
court's review shall be limited to determining the following:
``(A) Whether the Director has conducted the review
required by paragraph (1) before the expiration of the 10-year
period beginning on the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2008 or before
the expiration of the 10-year period beginning on the date of
the most recent review.
``(B) Whether the Director of National Intelligence, in
fact, considered the criteria set forth in paragraph (2) in
conducting the required review.
``(e) Supersedure of Other Laws.--The provisions of this section
may not be superseded except by a provision of law that is enacted
after the date of the enactment of this section and that specifically
cites and repeals or modifies such provisions.
``(f) Applicability.--The Director of National Intelligence will
publish a regulation listing the specific elements within the Office of
the Director of National Intelligence whose records can be exempted
from search and review under this section.
``(g) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as provided in paragraph (2), whenever any person
who has requested agency records under section 552 of title 5, United
States Code, alleges that the Office of the Director of National
Intelligence has withheld records improperly because of failure to
comply with any provision of this section, judicial review shall be
available under the terms set forth in section 552(a)(4)(B) of title 5,
United States Code.
``(2) Judicial review shall not be available in the manner provided
for under paragraph (1) as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive order to
be kept secret in the interests of national defense or foreign
relations is filed with, or produced for, the court by the
Office of the Director of National Intelligence, such
information shall be examined ex parte, in camera by the court.
``(B) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written
submissions of the parties.
``(C) When a complainant alleges that requested records are
improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission based upon personal
knowledge or otherwise admissible evidence.
``(D)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Office of the Director of National
Intelligence shall meet its burden under section 552(a)(4)(B)
of title 5, United States Code, by demonstrating to the court
by sworn written submission that exempted operational files
likely to contain responsive records currently meet the
criteria set forth in subsection.
``(ii) The court may not order the Office of the Director
of National Intelligence to review the content of any exempted
operational file or files in order to make the demonstration
required under clause (i), unless the complainant disputes the
Office's showing with a sworn written submission based on
personal knowledge or otherwise admissible evidence.
``(E) In proceedings under subparagraphs (C) and (D), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admissions may be made pursuant to rules 26 and
36.
``(F) If the court finds under this subsection that the
Office of the Director of National Intelligence has improperly
withheld requested records because of failure to comply with
any provision of this section, the court shall order the Office
to search and review the appropriate exempted operational file
or files for the requested records and make such records, or
portions thereof, available in accordance with the provisions
of section 552 of title 5, United States Code, and such order
shall be the exclusive remedy for failure to comply with this
section.
``(G) If at any time following the filing of a complaint
pursuant to this paragraph the Office of the Director of
National Intelligence agrees to search the appropriate exempted
operational file or files for the requested records, the court
shall dismiss the claim based upon such complaint.''.
(b) Clerical Amendment.--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 705 the following new item:
``Sec. 706. Operational files in the Office of the Director of National
Intelligence.''.
SEC. 414. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF THE
NATIONAL COUNTER-INTELLIGENCE EXECUTIVE.
(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (title IX of Public Law
107-306; 50 U.S.C. 402c) is amended--
(1) by striking subsections (d), (h), (i), and (j); and
(2) by redesignating subsections (e), (f), (g), (k), (l),
and (m) as subsections (d), (e), (f), (g), (h), and (i),
respectively; and
(3) in subsection (f), as redesignated by paragraph (2), by
striking paragraphs (3) and (4).
(b) Conforming Amendments.--That section is further amended--
(1) in subsection (d), as redesignated by subsection (a)(2)
of this section, by striking ``subsection (f)'' each place it
appears in paragraphs (1) and (2) and inserting ``subsection
(e)''; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection
(e)(1)'' and inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection
(e)(2)'' and inserting ``subsection (d)(2)''.
SEC. 415. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY
COMMITTEES OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 4(b) of the Federal Advisory Committee Act (5 U.S.C. App.)
is amended--
(1) in paragraph (1), by striking ``or'';
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) the Office of the Director of National
Intelligence.''.
SEC. 416. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE
TRANSPORTATION SECURITY OVERSIGHT BOARD.
Subparagraph (F) of section 115(b)(1) of title 49, United States
Code, is amended to read as follows:
``(F) The Director of National Intelligence, or the
Director's designee.''.
SEC. 417. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF NATIONAL
INTELLIGENCE AND THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (j) of section 552a of title 5, United States Code, is
amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) maintained by the Office of the Director of National
Intelligence; or''.
Subtitle B--Central Intelligence Agency
SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY.
(a) Establishment of Position of Deputy Director of Central
Intelligence Agency.--Subsection (a) of section 104A of the National
Security Act of 1947 (50 U.S.C. 403-4a) is amended--
(1) by redesignating subsections (b), (c), (d), (e), (f),
and (g) as subsections (d), (e), (f), (g), (h), and (i)
respectively; and
(2) by inserting after subsection (a) the following new
subsections (b) and (c):
``(b) Deputy Director of Central Intelligence Agency.--(1) There is
a Deputy Director of the Central Intelligence Agency who shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(2) The Deputy Director of the Central Intelligence Agency shall
assist the Director of the Central Intelligence Agency in carrying out
the duties and responsibilities of the Director.
``(3) The Deputy Director of the Central Intelligence Agency shall
act for, and exercise the powers of, the Director of the Central
Intelligence Agency during the absence or disability of the Director of
the Central Intelligence Agency or during a vacancy in the position of
Director of the Central Intelligence Agency.
``(c) Military Status of Director of the Central Intelligence
Agency and Deputy Director of Central Intelligence Agency.--(1) Not
more than one of the individuals serving in the positions specified in
subsection (a) and (b) may be a commissioned officer of the Armed
Forces in active status.
``(2) A commissioned officer of the Armed Forces who is serving as
the Director or Deputy Director of the Central Intelligence Agency or
is engaged in administrative performance of the duties of Director or
Deputy Director of the Central Intelligence Agency shall not, while
continuing in such service, or in the administrative performance of
such duties--
``(A) be subject to supervision or control by the Secretary
of Defense or by any officer or employee of the Department of
Defense; or
``(B) exercise, by reason of the officer's status as a
commissioned officer, any supervision or control with respect
to any of the military or civilian personnel of the Department
of Defense except as otherwise authorized by law.
``(3) Except as provided in subparagraph (A) or (B) of paragraph
(2), the service, or the administrative performance of duties,
described in that paragraph by an officer described in that paragraph
shall not affect the status, position, rank, or grade of such officer
in the Armed Forces, or any emolument, perquisite, right, privilege, or
benefit incident to or arising out of such status, position, rank, or
grade.
``(4) A commissioned officer described in paragraph (2), while
serving, or continuing in the administrative performance of duties, as
described in that paragraph and while remaining on active duty, shall
continue to receive military pay and allowances. Funds from which such
pay and allowances are paid shall be reimbursed from funds available to
the Director of the Central Intelligence Agency.''.
(b) Conforming Amendment.--Paragraph (2) of subsection (e) of such
section, as redesignated by subsection (a)(1) of this section, is
further amended by striking ``subsection (d)'' and inserting
``subsection (f)''.
(c) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following new item:
``Deputy Director of the Central Intelligence Agency.''.
(d) Role of DNI in Appointment.--Section 106(b)(2) of the National
Security Act of 1947 (50 U.S.C. 403-6(b)(2)) is amended by adding at
the end the following new subparagraph:
``(J) The Deputy Director of the Central Intelligence
Agency.''.
(e) Effective Date and Applicability.--The amendments made by this
section shall take effect on the date of the enactment of this Act and
shall apply upon the earlier of--
(1) the date of the nomination by the President of an
individual to serve as Deputy Director of the Central
Intelligence Agency, except that the individual
administratively performing the duties of the Deputy Director
of the Central Intelligence Agency 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 to
the position of Deputy Director of the Central Intelligence
Agency, by and with the advice and consent of the Senate,
assumes the duties of such position; or
(2) the date of the cessation of the performance of the
duties of Deputy Director of the Central Intelligence Agency by
the individual administratively performing such duties as of
the date of the enactment of this Act.
SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY OF REQUIREMENT FOR ANNUAL REPORT ON PROGRESS IN
AUDITABLE FINANCIAL STATEMENTS.
Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-
1) is amended by striking ``the Director of the Central Intelligence
Agency,''.
SEC. 423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE PERSONNEL
OF THE CENTRAL INTELLIGENCE AGENCY.
Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(a)(4)) is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated--
(A) by striking ``and the protection'' and
inserting ``the protection''; and
(B) by striking the semicolon and inserting ``, and
the protection of the Director of National Intelligence
and such personnel of the Office of the Director of
National Intelligence as the Director of National
Intelligence may designate; and''; and
(3) by adding at the end the following new subparagraph:
``(B) Authorize personnel engaged in the performance of
protective functions authorized pursuant to subparagraph (A),
when engaged in the performance of such functions, to make
arrests without warrant for any offense against the United
States committed in the presence of such personnel, or for any
felony cognizable under the laws of the United States, if such
personnel have reasonable grounds to believe that the person to
be arrested has committed or is committing such felony, except
that any authority pursuant to this subparagraph may be
exercised only in accordance with guidelines approved by the
Director and the Attorney General and such personnel may not
exercise any authority for the service of civil process or for
the investigation of criminal offenses;''.
SEC. 424. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN CENTRAL
INTELLIGENCE AGENCY POSITIONS.
Section 17(d)(3)(B)(ii) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is amended--
(1) in subclause (I), by striking ``Executive Director''
and inserting ``Associate Deputy Director'';
(2) in subclause (II), by striking ``Deputy Director for
Operations'' and inserting ``Director of the National
Clandestine Service''; and
(3) in subclause (IV), by striking ``Deputy Director for
Administration'' and inserting ``Director for Support''.
SEC. 425. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON
CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE
TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
(a) Public Availability.--Not later than September 1, 2007, the
Director of the Central Intelligence Agency shall prepare and make
available to the public a version of the Executive Summary of the
report entitled the ``Office of Inspector General Report on Central
Intelligence Agency Accountability Regarding Findings and Conclusions
of the Joint Inquiry into Intelligence Community Activities Before and
After the Terrorist Attacks of September 11, 2001'' issued in June 2005
that is declassified to the maximum extent possible, consistent with
national security.
(b) Report to Congress.--The Director of the Central Intelligence
Agency shall submit to Congress a classified annex to the redacted
Executive Summary made available under subsection (a) that explains the
reason that any redacted material in the Executive Summary was withheld
from the public.
SEC. 426. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON RETIREMENT
BENEFITS FOR FORMER EMPLOYEES OF AIR AMERICA.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report on the advisability of providing Federal
retirement benefits to United States citizens for the service of such
individuals before 1977 as employees of Air America or an associated
company while such company was owned or controlled by the United States
Government and operated or managed by the Central Intelligence Agency.
(b) Report Elements.--(1) The report required by subsection (a)
shall include the following:
(A) The history of Air America and associated companies
before 1977, including a description of--
(i) the relationship between such companies and the
Central Intelligence Agency and other elements of the
United States Government;
(ii) the workforce of such companies;
(iii) the missions performed by such companies and
their employees for the United States; and
(iv) the casualties suffered by employees of such
companies in the course of their employment with such
companies.
(B) A description of the retirement benefits contracted for
or promised to the employees of such companies before 1977, the
contributions made by such employees for such benefits, the
retirement benefits actually paid such employees, the
entitlement of such employees to the payment of future
retirement benefits, and the likelihood that former employees
of such companies will receive any future retirement benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former employees
of such companies have received or will receive by
virtue of their employment with such companies; and
(ii) the retirement benefits that such employees
would have received and in the future receive if such
employees had been, or would now be, treated as
employees of the United States whose services while in
the employ of such companies had been or would now be
credited as Federal service for the purpose of Federal
retirement benefits.
(D) Any recommendations regarding the advisability of
legislative action to treat employment at such companies as
Federal service for the purpose of Federal retirement benefits
in light of the relationship between such companies and the
United States Government and the services and sacrifices of
such employees to and for the United States, and if legislative
action is considered advisable, a proposal for such action and
an assessment of its costs.
(2) The Director of National Intelligence shall include in the
report any views of the Director of the Central Intelligence Agency on
the matters covered by the report that the Director of the Central
Intelligence Agency considers appropriate.
(c) Assistance of Comptroller General.--The Comptroller General of
the United States shall, upon the request of the Director of National
Intelligence and in a manner consistent with the protection of
classified information, assist the Director in the preparation of the
report required by subsection (a).
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Definitions.--In this section:
(1) The term ``Air America'' means Air America,
Incorporated.
(2) The term ``associated company'' means any company
associated with or subsidiary to Air America, including Air
Asia Company Limited and the Pacific Division of Southern Air
Transport, Incorporated.
Subtitle C--Defense Intelligence Components
SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING PROGRAM.
(a) Termination of Employees.--Subsection (d)(1)(C) of section 16
of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by striking ``terminated either by'' and all that follows and
inserting ``terminated--
``(i) by the Agency due to misconduct by the
employee;
``(ii) by the employee voluntarily; or
``(iii) by the Agency for the failure of the
employee to maintain such level of academic standing in
the educational course of training as the Director of
the National Security Agency shall have specified in
the agreement of the employee under this subsection;
and''.
(b) Authority To Withhold Disclosure of Affiliation With NSA.--
Subsection (e) of such section is amended by striking ``(1) When an
employee'' and all that follows through ``(2) Agency efforts'' and
inserting ``Agency efforts''.
SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY AGENCY
PROTECTIVE PERSONNEL.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by adding at the end the following new section:
``Sec. 21. (a) The Director is authorized to designate personnel of
the Agency to perform protective functions for the Director and for any
personnel of the Agency designated by the Director.
``(b)(1) In the performance of protective functions under this
section, personnel of the Agency designated to perform protective
functions pursuant to subsection (a) are authorized, when engaged in
the performance of such functions, to make arrests without a warrant
for--
``(A) any offense against the United States committed in
the presence of such personnel; or
``(B) any felony cognizable under the laws of the United
States if such personnel have reasonable grounds to believe
that the person to be arrested has committed or is committing
such felony.
``(2) The authority in paragraph (1) may be exercised only in
accordance with guidelines approved by the Director and the Attorney
General.
``(3) Personnel of the Agency designated to perform protective
functions pursuant to subsection (a) shall not exercise any authority
for the service of civil process or the investigation of criminal
offenses.
``(c) Nothing in this section shall be construed to impair or
otherwise affect any authority under any other provision of law
relating to the performance of protective functions.''.
SEC. 433. INSPECTOR GENERAL MATTERS.
(a) Coverage Under Inspector General Act of 1978.--Subsection
(a)(2) of section 8G of the Inspector General Act of 1978 (5 U.S.C.
App. 8G) is amended--
(1) by inserting ``the Defense Intelligence Agency,'' after
``the Corporation for Public Broadcasting,'';
(2) by inserting ``the National Geospatial-Intelligence
Agency,'' after ``the National Endowment for the Arts,''; and
(3) by inserting ``the National Reconnaissance Office, the
National Security Agency,'' after ``the National Labor
Relations Board,''.
(b) Certain Designations Under Inspector General Act of 1978.--
Subsection (a) of section 8H of the Inspector General Act of 1978 (5
U.S.C. App. 8H) is amended by adding at the end the following new
paragraph:
``(3) The Inspectors General of the Defense Intelligence Agency,
the National Geospatial-Intelligence Agency, the National
Reconnaissance Office, and the National Security Agency shall be
designees of the Inspector General of the Department of Defense for
purposes of this section.''.
(c) Power of Heads of Elements Over Investigations.--Subsection (d)
of section 8G of that Act--
(1) by inserting ``(1)'' after ``(d)'';
(2) in the second sentence of paragraph (1), as designated
by paragraph (1) of this subsection, by striking ``The head''
and inserting ``Except as provided in paragraph (2), the
head''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The Director of National Intelligence or the Secretary of
Defense may prohibit the Inspector General of an element of the
intelligence community specified in subparagraph (D) from initiating,
carrying out, or completing any audit or investigation if the Director
or the Secretary, as the case may be, determines that the prohibition
is necessary to protect vital national security interests of the United
States.
``(B) If the Director or the Secretary exercises the authority
under subparagraph (A), the Director or the Secretary, as the case may
be, shall submit to the committees of Congress specified in
subparagraph (E) an appropriately classified statement of the reasons
for the exercise of the authority not later than seven days after the
exercise of the authority.
``(C) At the same time the Director or the Secretary submits under
subparagraph (B) a statement on the exercise of the authority in
subparagraph (A) to the committees of Congress specified in
subparagraph (E), the Director or the Secretary, as the case may be,
shall notify the Inspector General of such element of the submittal of
such statement and, to the extent consistent with the protection of
intelligence sources and methods, provide the Inspector General with a
copy of such statement. The Inspector General may submit to such
committees of Congress any comments on a notice or statement received
by the Inspector General under this subparagraph that the Inspector
General considers appropriate.
``(D) The elements of the intelligence community specified in this
subparagraph are as follows:
``(i) The Defense Intelligence Agency.
``(ii) The National Geospatial-Intelligence Agency.
``(iii) The National Reconnaissance Office.
``(iv) The National Security Agency.
``(E) The committees of Congress specified in this subparagraph
are--
``(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.
SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN COMPONENTS OF
THE INTELLIGENCE COMMUNITY.
(a) Director of National Security Agency.--The National Security
Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting after
the first section the following new section:
``Sec. 2. (a) There is a Director of the National Security Agency.
``(b) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(c) 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.''.
(b) Director of National Geospatial-Intelligence Agency.--Section
441(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of the National Geospatial Intelligence Agency
shall be appointed by the President, by and with the advice and consent
of the Senate.''.
(c) Director of National Reconnaissance Office.--The Director of
the National Reconnaissance Office shall be appointed by the President,
by and with the advice and consent of the Senate.
(d) Positions of Importance and Responsibility.--
(1) Designation of positions.--The President may designate
any of the positions referred to in paragraph (2) as positions
of importance and responsibility under section 601 of title 10,
United States Code.
(2) Covered positions.--The positions referred to in this
paragraph are as follows:
(A) The Director of the National Security Agency.
(B) The Director of the National Geospatial-
Intelligence Agency.
(C) The Director of the National Reconnaissance
Office.
(e) Effective Date and Applicability.--
(1) In general.--The amendments made by subsections (a) and
(b), and subsection (c), shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(A) the date of the nomination by the President of
an individual to serve in the position concerned,
except that the individual serving in such position 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 to such position, by
and with the advice and consent of the Senate, assumes
the duties of such position; or
(B) the date of the cessation of the performance of
the duties of such position by the individual
performing such duties as of the date of the enactment
of this Act.
(2) Positions of importance and responsibility.--Subsection
(d) shall take effect on the date of the enactment of this Act.
SEC. 435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY FOR ANALYSIS AND
DISSEMINATION OF CERTAIN INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National Intelligence, the
National Geospatial-Intelligence Agency shall also develop a system to
facilitate the analysis, dissemination, and incorporation of
likenesses, videos, and presentations produced by ground-based
platforms, including handheld or clandestine photography taken by or on
behalf of human intelligence collection organizations or available as
open-source information, into the National System for Geospatial
Intelligence.
``(B) The authority provided by this paragraph does not include the
authority to manage or direct the tasking of, set requirements and
priorities for, set technical requirements related to, or modify any
classification or dissemination limitations related to the collection
of, handheld or clandestine photography taken by or on behalf of human
intelligence collection organizations.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
SEC. 436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
The Secretary of Defense shall, during the period beginning on the
date of the enactment of this Act and ending on December 31, 2008,
delegate to the Director of the National Geospatial-Intelligence Agency
personnel security authority with respect to the National Geospatial-
Intelligence Agency (including authority relating to the use of
contractor personnel in investigations and adjudications for security
clearances) that is identical to the personnel security authority of
the Director of the National Security Agency with respect to the
National Security Agency.
Subtitle D--Other Elements
SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG
ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after ``the
Marine Corps,''; and
(B) by inserting ``the Drug Enforcement
Administration,'' after ``the Federal Bureau of
Investigation,''; and
(2) in subparagraph (K), by striking ``, including the
Office of Intelligence of the Coast Guard''.
SEC. 442. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is
amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
TITLE V--OTHER MATTERS
SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended as follows:
(1) In section 102A (50 U.S.C. 403-1)--
(A) in subsection (c)(7)(A), by striking
``section'' and inserting ``subsection'';
(B) in subsection (d)--
(i) in paragraph (3), by striking
``subparagraph (A)'' in the matter preceding
subparagraph (A) and inserting ``paragraph
(1)(A)'';
(ii) in paragraph (5)(A), by striking ``or
personnel'' in the matter preceding clause (i);
and
(iii) in paragraph (5)(B), by striking ``or
agency involved'' in the second sentence and
inserting ``involved or the Director of the
Central Intelligence Agency (in the case of the
Central Intelligence Agency)'';
(C) in subsection (l)(2)(B), by striking
``section'' and inserting ``paragraph''; and
(D) in subsection (n), by inserting ``and Other''
after ``Acquisition''.
(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(3) In section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and inserting
``responsive''.
SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT
MILITARY INTELLIGENCE PROGRAM AND TACTICAL INTELLIGENCE
AND RELATED ACTIVITIES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended--
(1) in subsection (c)(3)(A), by striking ``annual budgets
for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities'' and inserting ``annual
budget for the Military Intelligence Program or any successor
program or programs''; and
(2) in subsection (d)(1)(B), by striking ``Joint Military
Intelligence Program'' and inserting ``Military Intelligence
Program or any successor program or programs''.
SEC. 503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.
(a) Amendments to National Security Intelligence Reform Act of
2004.--The National Security Intelligence Reform Act of 2004 (title I
of Public Law 108-458) is further amended as follows:
(1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by
striking ``Attorney General'' the second place it appears and
inserting ``Department of Justice''.
(2) In section 1061 (5 U.S.C. 601 note)--
(A) in subsection (d)(4)(A), by striking ``National
Intelligence Director'' and inserting ``Director of
National Intelligence''; and
(B) in subsection (h), by striking ``National
Intelligence Director'' and inserting ``Director of
National Intelligence''.
(3) In section 1071(e), by striking ``(1)''.
(4) In section 1072(b), by inserting ``Agency'' after
``Intelligence''.
(b) Other Amendments to Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is amended as follows:
(1) In section 2001 (28 U.S.C. 532 note)--
(A) in subsection (c)(1), by inserting ``of''
before ``an institutional culture'';
(B) in subsection (e)(2), by striking ``the
National Intelligence Director in a manner consistent
with section 112(e)'' and inserting ``the Director of
National Intelligence in a manner consistent with
applicable law''; and
(C) in subsection (f), by striking ``shall,'' in
the matter preceding paragraph (1) and inserting
``shall''.
(2) In section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking ``the Federal''
and inserting ``Federal''; and
(B) in paragraph (3), by striking ``the specific''
and inserting ``specific''.
SEC. 504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING
FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.
(a) References to Head of Intelligence Community.--Title 10, United
States Code, is amended by striking ``Director of Central
Intelligence'' each place it appears in a provision as follows and
inserting ``Director of National Intelligence'':
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by striking
``Director of Central Intelligence'' each place it appears in a
provision as follows and inserting ``Director of National
Intelligence'':
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--Section 444
of such title is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``Director of the
Central Intelligence Agency''.
SEC. 505. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE AGENCY ACT OF
1949.
Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(a)(1)) is amended by striking ``authorized under paragraphs
(2) and (3) of section 102(a), subsections (c)(7) and (d) of section
103, subsections (a) and (g) of section 104, and section 303 of the
National Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7),
(d), 403-4(a), (g), and 405)'' and inserting ``authorized under section
104A of the National Security Act of 1947 (50 U.S.C. 403-4a).''.
SEC. 506. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL
INTELLIGENCE PROGRAM.
(a) In General.--Subsection (a) of section 1403 of the National
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is
amended--
(1) in the subsection caption, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of DNI.--That section is further amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Conforming Amendment.--The heading of that section is amended
to read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
SEC. 507. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by striking the item relating to the Director
of Central Intelligence and inserting the following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Directors of Central Intelligence.
(c) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by striking the item relating to the General
Counsel of the Office of the National Intelligence Director and
inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 508. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF THE
NATIONAL IMAGERY AND MAPPING AGENCY AS THE NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Title 5, United States Code.--(1) Title 5, United States Code,
is amended by striking ``National Imagery and Mapping Agency'' each
place it appears in a provision as follows and inserting ``National
Geospatial-Intelligence Agency'':
(A) Section 2302(a)(2)(C)(ii).
(B) Section 3132(a)(1)(B).
(C) Section 4301(1) (in clause (ii)).
(D) Section 4701(a)(1)(B).
(E) Section 5102(a)(1) (in clause (x)).
(F) Section 5342(a)(1) (in clause (K)).
(G) Section 6339(a)(1)(E).
(H) Section 7323(b)(2)(B)(i)((XIII).
(2) Section 6339(a)(2)(E) of such title is amended by striking
``National Imagery and Mapping Agency, the Director of the National
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency''.
(b) Title 44, United States Code.--(1)(A) Section 1336 of title 44,
United States Code, is amended by striking ``National Imagery and
Mapping Agency'' both places it appears and inserting ``National
Geospatial-Intelligence Agency''.
(B) The heading of such section is amended to read as follows:
``Sec. 1336. National Geospatial-Intelligence Agency: special
publications''.
(2) The table of sections at the beginning of chapter 13 of such
title is amended by striking the item relating to section 1336 and
inserting the following new item:
``1336. National Geospatial-Intelligence Agency: special
publications.''.
(c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of the
Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended by
striking ``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(d) Inspector General Act of 1978.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking ``National
Imagery and Mapping Agency'' each place it appears and inserting
``National Geospatial-Intelligence Agency''.
(e) Ethics in Government Act of 1978.--Section 105(a)(1) of the
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking
``National Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(f) Other Acts.--
(1) Section 7(b)(2)(A)(i) of the Employee Polygraph
Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended
by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(2) Section 207(a)(2)(B) of the Legislative Branch
Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by
striking ``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
SEC. 509. OTHER TECHNICAL AMENDMENTS RELATING TO RESPONSIBILITY OF THE
DIRECTOR OF NATIONAL INTELLIGENCE AS HEAD OF THE
INTELLIGENCE COMMUNITY.
(a) In General.--
(1) The Public Interest Declassification Act of 2000 (50
U.S.C. 435 note) is amended by striking ``Director of Central
Intelligence'' each place it appears in a provision as follows
and inserting ``Director of National Intelligence'':
(A) Section 704(c)(2)(B).
(B) Section 706(b)(2).
(C) Section 706(e)(2)(B).
(2) Section 705(c) of such Act is amended by striking ``the
Director of Central Intelligence, as head of the intelligence
community,'' and inserting ``the Director of National
Intelligence''.
(b) Conforming Amendment.--The heading of section 705(c) of such
Act is amended by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''.
Calendar No. 181
110th CONGRESS
1st Session
S. 1538
[Report No. 110-75]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2008 for the intelligence
and intelligence-related activities of the United States Government,
the Intelligence Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
_______________________________________________________________________
May 31, 2007
Read twice and placed on the calendar
