[111th Congress Public Law 259]
[From the U.S. Government Printing Office]
[[Page 2653]]
INTELLIGENCE AUTHORIZATION ACT
FOR FISCAL YEAR 2010
[[Page 124 STAT. 2654]]
Public Law 111-259
111th Congress
An Act
To authorize appropriations for fiscal year 2010 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes. <<NOTE: Oct.
7, 2010 - [H.R. 2701]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Intelligence
Authorization Act for Fiscal Year 2010.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Restriction on conduct of intelligence activities.
Sec. 103. Budgetary provisions.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Technical modification to mandatory retirement provision of
the Central Intelligence Agency Retirement Act.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements of
the intelligence community.
Sec. 303. Pay authority for critical positions.
Sec. 304. Award of rank to members of the Senior National Intelligence
Service.
Sec. 305. Annual personnel level assessments for the intelligence
community.
Sec. 306. Temporary personnel authorizations for critical language
training.
Sec. 307. Conflict of interest regulations for intelligence community
employees.
Subtitle B--Education Programs
Sec. 311. Permanent authorization for the Pat Roberts Intelligence
Scholars Program.
Sec. 312. Modifications to the Louis Stokes Educational Scholarship
Program.
Sec. 313. Intelligence officer training program.
Sec. 314. Pilot program for intensive language instruction in African
languages.
Subtitle C--Acquisition Matters
Sec. 321. Vulnerability assessments of major systems.
Sec. 322. Intelligence community business system transformation.
Sec. 323. Reports on the acquisition of major systems.
Sec. 324. Critical cost growth in major systems.
Sec. 325. Future budget projections.
[[Page 124 STAT. 2655]]
Sec. 326. National Intelligence Program funded acquisitions.
Subtitle D--Congressional Oversight, Plans, and Reports
Sec. 331. Notification procedures.
Sec. 332. Certification of compliance with oversight requirements.
Sec. 333. Report on detention and interrogation activities.
Sec. 334. Summary of intelligence relating to terrorist recidivism of
detainees held at United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 335. Report and strategic plan on biological weapons.
Sec. 336. Cybersecurity oversight.
Sec. 337. Report on foreign language proficiency in the intelligence
community.
Sec. 338. Report on plans to increase diversity within the intelligence
community.
Sec. 339. Report on intelligence community contractors.
Sec. 340. Study on electronic waste destruction practices of the
intelligence community.
Sec. 341. Review of records relating to potential health risks among
Desert Storm veterans.
Sec. 342. Review of Federal Bureau of Investigation exercise of
enforcement jurisdiction in foreign nations.
Sec. 343. Public release of information on procedures used in narcotics
airbridge denial program in Peru.
Sec. 344. Report on threat from dirty bombs.
Sec. 345. Report on creation of space intelligence office.
Sec. 346. Report on attempt to detonate explosive device on Northwest
Airlines flight 253.
Sec. 347. Repeal or modification of certain reporting requirements.
Sec. 348. Information access by the Comptroller General of the United
States.
Sec. 349. Conforming amendments for report submission dates.
Subtitle E--Other Matters
Sec. 361. Extension of authority to delete information about receipt and
disposition of foreign gifts and decorations.
Sec. 362. Modification of availability of funds for different
intelligence activities.
Sec. 363. Protection of certain national security information.
Sec. 364. National Intelligence Program budget.
Sec. 365. Improving the review authority of the Public Interest
Declassification Board.
Sec. 366. Authority to designate undercover operations to collect
foreign intelligence or counterintelligence.
Sec. 367. Security clearances: reports; reciprocity.
Sec. 368. Correcting long-standing material weaknesses.
Sec. 369. Intelligence community financial improvement and audit
readiness.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Accountability reviews by the Director of National
Intelligence.
Sec. 402. Authorities for intelligence information sharing.
Sec. 403. Location of the Office of the Director of National
Intelligence.
Sec. 404. Title and appointment of Chief Information Officer of the
Intelligence Community.
Sec. 405. Inspector General of the Intelligence Community.
Sec. 406. Chief Financial Officer of the Intelligence Community.
Sec. 407. Leadership and location of certain offices and officials.
Sec. 408. Protection of certain files of the Office of the Director of
National Intelligence.
Sec. 409. Counterintelligence initiatives for the intelligence
community.
Sec. 410. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of National
Intelligence.
Sec. 411. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 412. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 413. Misuse of the Office of the Director of National Intelligence
name, initials, or seal.
Sec. 414. Plan to implement recommendations of the data center energy
efficiency reports.
Sec. 415. Director of National Intelligence support for reviews of
International Traffic in Arms Regulations and Export
Administration Regulations.
Subtitle B--Central Intelligence Agency
Sec. 421. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
[[Page 124 STAT. 2656]]
Sec. 422. Appeals from decisions involving contracts of the Central
Intelligence Agency.
Sec. 423. Deputy Director of the Central Intelligence Agency.
Sec. 424. Authority to authorize travel on a common carrier.
Sec. 425. Inspector General for the Central Intelligence Agency.
Sec. 426. Budget of the Inspector General for the Central Intelligence
Agency.
Sec. 427. Public availability of unclassified versions of certain
intelligence products.
Subtitle C--Defense Intelligence Components
Sec. 431. Inspector general matters.
Sec. 432. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis and dissemination
of certain intelligence information.
Sec. 433. Director of Compliance of the National Security Agency.
Subtitle D--Other Elements
Sec. 441. Codification of additional elements of the intelligence
community.
Sec. 442. Authorization of appropriations for Coast Guard National
Tactical Integration Office.
Sec. 443. Retention and relocation bonuses for the Federal Bureau of
Investigation.
Sec. 444. Extension of the authority of the Federal Bureau of
Investigation to waive mandatory retirement provisions.
Sec. 445. Report and assessments on transformation of the intelligence
capabilities of the Federal Bureau of Investigation.
TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE
Sec. 501. Reorganization of the Diplomatic Telecommunications Service
Program Office.
TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Establishment and functions of the Commission.
Sec. 604. Members and staff of the Commission.
Sec. 605. Powers and duties of the Commission.
Sec. 606. Report of the Commission.
Sec. 607. Termination.
Sec. 608. Nonapplicability of Federal Advisory Committee Act.
Sec. 609. Authorization of appropriations.
TITLE VII--OTHER MATTERS
Sec. 701. Extension of National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community.
Sec. 702. Classification review of executive branch materials in the
possession of the congressional intelligence committees.
TITLE VIII--TECHNICAL AMENDMENTS
Sec. 801. Technical amendments to the Foreign Intelligence Surveillance
Act of 1978.
Sec. 802. Technical amendments to the Central Intelligence Agency Act of
1949.
Sec. 803. Technical amendments to title 10, United States Code.
Sec. 804. Technical amendments to the National Security Act of 1947.
Sec. 805. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 806. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 807. Technical amendments to the Executive Schedule.
Sec. 808. Technical amendments to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004.
Sec. 809. Technical amendments to section 602 of the Intelligence
Authorization Act for Fiscal Year 1995.
Sec. 810. Technical amendments to section 403 of the Intelligence
Authorization Act, Fiscal Year 1992.
SEC. 2. <<NOTE: 50 USC 401a note.>> DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
[[Page 124 STAT. 2657]]
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
For the purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414), appropriated funds available to an intelligence agency
may be obligated or expended for an intelligence or intelligence-related
activity as appropriated for fiscal year 2010, as modified by such
reprogramming and transfers of funds authorized by and reported to the
appropriate congressional committees.
SEC. 102. 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
that is not otherwise authorized by the Constitution or the laws of the
United States.
SEC. 103. BUDGETARY PROVISIONS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION
OF THE CENTRAL INTELLIGENCE AGENCY
RETIREMENT ACT.
Subparagraph (A) of section 235(b)(1) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2055(b)(1)) 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''.
[[Page 124 STAT. 2658]]
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel 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. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 113 the
following new section:
``detail of other personnel
``Sec. 113A. <<NOTE: 50 USC 404h-1.>> Except as provided in section
904(g)(2) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C.
402c(g)(2)) and section 113 of this Act, and notwithstanding any other
provision of law, 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 National Intelligence Program
from another element of the intelligence community or from another
element of the United States Government on a reimbursable or
nonreimbursable basis, as jointly agreed to by the head of the receiving
element and the head of the detailing element, for a period not to
exceed 2 years.''.
(b) Table of Contents Amendment.--The table of contents in the first
section of such Act is amended by inserting after the item relating to
section 113 the following new item:
``Sec. 113A. Detail of other personnel.''.
SEC. 303. PAY AUTHORITY FOR CRITICAL POSITIONS.
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) 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 coordination with the Director of the
Office of Personnel Management and the Director of the Office of
Management and Budget, grant authority to the head of a department or
agency 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.
[[Page 124 STAT. 2659]]
``(2) Authority under this subsection may be granted or exercised
only--
``(A) with respect to a position that requires an extremely
high level of expertise and is critical to successful
accomplishment of an important mission; and
``(B) to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) The head of a department or agency may not fix a rate of basic
pay under this subsection at a rate greater than the rate payable for
level II of the Executive Schedule under section 5313 of title 5, United
States Code, except upon written approval of the Director of National
Intelligence or as otherwise authorized by law.
``(4) The head of a department or agency may not fix a rate of basic
pay under this subsection at a rate greater than the rate payable for
level I of the Executive Schedule under section 5312 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.
``(6)(A) <<NOTE: Notifications. Deadlines.>> The Director of
National Intelligence shall notify the congressional intelligence
committees not later than 30 days after the date on which the Director
grants authority to the head of a department or agency under this
subsection.
``(B) The head of a department or agency to which the Director of
National Intelligence grants authority under this subsection shall
notify the congressional intelligence committees and the Director of the
exercise of such authority not later than 30 days after the date on
which such head exercises such authority.''.
SEC. 304. AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL
INTELLIGENCE SERVICE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1),
as amended by section 303 of this Act, is further amended by adding at
the end the following new subsection:
``(t) Award of Rank to Members of the Senior National Intelligence
Service.--(1) The President, based on the recommendation of the Director
of National Intelligence, may award a rank to a member of the Senior
National Intelligence Service or other intelligence community senior
civilian officer not already covered by such a rank award program in the
same manner in which a career appointee of an agency may be awarded a
rank under section 4507 of title 5, United States Code.
``(2) The President may establish procedures to award a rank under
paragraph (1) to a member of the Senior National Intelligence Service or
a senior civilian officer of the intelligence community whose identity
as such a member or officer is classified information (as defined in
section 606(1)).''.
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
(a) Assessment.--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:
[[Page 124 STAT. 2660]]
``annual personnel level assessments for the intelligence community
``Sec. 506B. <<NOTE: 50 USC 415a-4.>> (a) Requirement To Provide.--
The Director of National Intelligence shall, in consultation with the
head of each element of the intelligence community, prepare an annual
personnel level assessment for such element that assesses the personnel
levels for 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 each year at the
time that the President submits to Congress the budget for a fiscal year
pursuant to section 1105 of title 31, United States Code.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain the following information
for the element of the intelligence community concerned:
``(1) The budget submission for 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 full-time equivalent positions that is
the basis for which personnel funds are requested for the
upcoming fiscal year.
``(5) The numerical and percentage increase or decrease of
the number referred to in paragraph (4) as compared to the
number of full-time equivalent positions of the current fiscal
year.
``(6) The numerical and percentage increase or decrease of
the number referred to in paragraph (4) as compared to the
number of full-time equivalent positions during the prior 5
fiscal years.
``(7) The best estimate of the number and costs of core
contract personnel to be funded by the element for the upcoming
fiscal year.
``(8) The numerical and percentage increase or decrease of
such costs of core contract personnel as compared to the best
estimate of the costs of core contract personnel of the current
fiscal year.
``(9) The numerical and percentage increase or decrease of
such number and such costs of core contract personnel as
compared to the number and cost of core contract personnel
during the prior 5 fiscal years.
``(10) A justification for the requested personnel and core
contract personnel levels.
``(11) The best estimate of the number of intelligence
collectors and analysts employed or contracted by each element
of the intelligence community.
``(12) 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 core contract personnel levels;
[[Page 124 STAT. 2661]]
``(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) <<NOTE: 50 USC 415a note.>> Applicability Date.--The first
assessment required to be submitted under section 506B(b) of the
National Security Act of 1947, as added by subsection (a), shall be
submitted to the congressional intelligence committees at the time that
the President submits to Congress the budget for fiscal year 2012
pursuant to section 1105 of title 31, United States Code.
(c) Table of Contents Amendment.--The table of contents in the first
section of such Act, as amended by section 302 of this Act, is further
amended by inserting after the item relating to section 506A the
following new item:
``Sec. 506B. Annual personnel level assessments for the intelligence
community.''.
SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR CRITICAL LANGUAGE
TRAINING.
Section 102A(e) of the National Security Act of 1947 (50 U.S.C. 403-
1(e)) is amended by--
(1) redesignating paragraph (3) as paragraph (4); and
(2) inserting after paragraph (2) the following new
paragraph:
``(3)(A) In addition to the number of full-time equivalent positions
authorized for the Office of the Director of National Intelligence for a
fiscal year, there is authorized for such Office for each fiscal year an
additional 100 full-time equivalent positions that may be used only for
the purposes described in subparagraph (B).
``(B) Except as provided in subparagraph (C), the Director of
National Intelligence may use a full-time equivalent position authorized
under subparagraph (A) only for the purpose of providing a temporary
transfer of personnel made in accordance with paragraph (2) to an
element of the intelligence community to enable such element to increase
the total number of personnel authorized for such element, on a
temporary basis--
``(i) during a period in which a permanent employee of such
element is absent to participate in critical language training;
or
``(ii) to accept a permanent employee of another element of
the intelligence community to provide language-capable services.
``(C) Paragraph (2)(B) shall not apply with respect to a transfer of
personnel made under subparagraph (B).
``(D) <<NOTE: Reports.>> The Director of National Intelligence
shall submit to the congressional intelligence committees an annual
report on the use of authorities under this paragraph. Each such report
shall include a description of--
``(i) the number of transfers of personnel made by the
Director pursuant to subparagraph (B), disaggregated by each
element of the intelligence community;
``(ii) the critical language needs that were fulfilled or
partially fulfilled through the use of such transfers; and
``(iii) the cost to carry out subparagraph (B).''.
[[Page 124 STAT. 2662]]
SEC. 307. CONFLICT OF INTEREST REGULATIONS FOR INTELLIGENCE
COMMUNITY EMPLOYEES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1),
as amended by section 304 of this Act, is further amended by adding at
the end the following new subsection:
``(u) Conflict of Interest Regulations.--(1) The Director of
National Intelligence, in consultation with the Director of the Office
of Government Ethics, shall issue regulations prohibiting an officer or
employee of an element of the intelligence community from engaging in
outside employment if such employment creates a conflict of interest or
appearance thereof.
``(2) <<NOTE: Reports.>> The Director of National Intelligence
shall annually submit to the congressional intelligence committees a
report describing all outside employment for officers and employees of
elements of the intelligence community that was authorized by the head
of an element of the intelligence community during the preceding
calendar year. Such report shall be submitted each year on the date
provided in section 507.''.
Subtitle B--Education Programs
SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROBERTS INTELLIGENCE
SCHOLARS PROGRAM.
(a) Permanent Authorization.--Subtitle C of title X of the National
Security Act of 1947 (50 U.S.C. 441m et seq.) is amended by adding at
the end the following new section:
``program on recruitment and training
``Sec. 1022. <<NOTE: 50 USC 441 note.>> (a) Program.--(1) The
Director of National Intelligence shall carry out a program to ensure
that selected students or former students are provided funds to continue
academic training, or are reimbursed for academic training previously
obtained, in areas of specialization that the Director, in consultation
with the other heads of the elements of the intelligence community,
identifies as areas in which the current capabilities of the
intelligence community are deficient or in which future capabilities of
the intelligence community are likely to be deficient.
``(2) A student or former student selected for participation in the
program shall commit to employment with an element of the intelligence
community, following completion of appropriate academic training, under
such terms and conditions as the Director considers appropriate.
``(3) The program shall be known as the Pat Roberts Intelligence
Scholars Program.
``(b) Elements.--In carrying out the program under subsection (a),
the Director shall--
``(1) establish such requirements relating to the academic
training of participants as the Director considers appropriate
to ensure that participants are prepared for employment as
intelligence professionals; and
``(2) periodically review the areas of specialization of the
elements of the intelligence community to determine the areas in
which such elements are, or are likely to be, deficient in
capabilities.
[[Page 124 STAT. 2663]]
``(c) Use of Funds.--Funds made available for the program under
subsection (a) shall be used--
``(1) to provide a monthly stipend for each month that a
student is pursuing a course of study;
``(2) to pay the full tuition of a student or former student
for the completion of such course of study;
``(3) to pay for books and materials that the student or
former student requires or required to complete such course of
study;
``(4) to pay the expenses of the student or former student
for travel requested by an element of the intelligence community
in relation to such program; or
``(5) for such other purposes the Director considers
reasonably appropriate to carry out such program.''.
(b) Conforming Amendments.--
(1) Table of contents amendment.--The table of contents in
the first section of such Act, as amended by section 305 of this
Act, is further amended--
(A) by transferring the item relating to section
1002 so such item immediately follows the item relating
to section 1001; and
(B) by inserting after the item relating to section
1021 the following new item:
``Sec. 1022. Program on recruitment and training.''.
(2) Repeal of pilot program.--
(A) Authority.--Section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-
177; 50 U.S.C. 441g note) is repealed.
(B) Table of contents amendment.--The table of
contents in section 1 of the Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108-177; 117 Stat.
2599) is amended by striking the item relating to
section 318.
SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDUCATIONAL
SCHOLARSHIP PROGRAM.
(a) Expansion of the Louis Stokes Educational Scholarship Program to
Graduate Students.--Section 16 of the National Security Agency Act of
1959 (50 U.S.C. 402 note) is amended--
(1) in subsection (a)--
(A) by inserting ``and graduate'' after
``undergraduate''; and
(B) by striking ``the baccalaureate'' and inserting
``a baccalaureate or graduate'';
(2) in subsection (b), by inserting ``or graduate'' after
``undergraduate'';
(3) in subsection (e)(2), by inserting ``and graduate''
after ``undergraduate''; and
(4) by adding at the end the following new subsection:
``(h) The undergraduate and graduate training program established
under this section shall be known as the Louis Stokes Educational
Scholarship Program.''.
(b) Authority for Participation by Individuals Who Are Not Employed
by the United States Government.--
(1) In general.--Subsection (b) of section 16 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note), as
amended by subsection (a)(2), is further amended by striking
[[Page 124 STAT. 2664]]
``civilian employees'' and inserting ``civilians who may or may
not be employees''.
(2) Conforming amendments.--Section 16 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note), as amended by
subsection (a), is further amended--
(A) in subsection (c), by striking ``employees'' and
inserting ``program participants''; and
(B) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), strike ``an employee
of the Agency,'' and insert ``a program
participant,'';
(II) in subparagraph (A), by
striking ``employee'' and inserting
``program participant'';
(III) in subparagraph (C)--
(aa) by striking
``employee'' each place that
term appears and inserting
``program participant''; and
(bb) by striking
``employee's'' each place that
term appears and inserting
``program participant's''; and
(IV) in subparagraph (D)--
(aa) by striking
``employee'' each place that
term appears and inserting
``program participant''; and
(bb) by striking
``employee's'' each place that
term appears and inserting
``program participant's''; and
(ii) in paragraph (3)(C)--
(I) by striking ``employee'' both
places that term appears and inserting
``program participant''; and
(II) by striking ``employee's'' and
inserting ``program participant's''.
(c) Termination of Program Participants.--Subsection (d)(1)(C) of
section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402
note), as amended by subsection (b)(2)(B)(i)(III), is further amended by
striking ``terminated'' and all that follows and inserting
``terminated--
``(i) by the Agency due to misconduct by the program
participant;
``(ii) by the program participant voluntarily; or
``(iii) by the Agency for the failure of the program
participant 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 program participant under this
subsection; and''.
(d) Authority To Withhold Disclosure of Affiliation With NSA.--
Subsection (e) of Section 16 of the National Security Agency Act of 1959
(50 U.S.C. 402 note) is amended by striking ``(1) When an employee'' and
all that follows through ``(2) Agency efforts'' and inserting ``Agency
efforts''.
(e) Authority of Elements of the Intelligence Community To Establish
a Stokes Educational Scholarship Program.--
(1) Authority.--Subtitle C of title X of the National
Security Act of 1947 (50 U.S.C. 441m et seq.), as amended by
[[Page 124 STAT. 2665]]
section 311 of this Act, is further amended by adding at the end
the following new section:
``educational scholarship program
``Sec. 1023. <<NOTE: 50 USC 441o.>> The head of a department or
agency containing an element of the intelligence community may establish
an undergraduate or graduate training program with respect to civilian
employees and prospective civilian employees of such element similar in
purpose, conditions, content, and administration to the program that the
Secretary of Defense is authorized to establish under section 16 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note).''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 311 of this Act, is further amended by
inserting after the item relating to section 1022, as added by
such section 311, the following new item:
``Sec. 1023. Educational scholarship program.''.
SEC. 313. INTELLIGENCE OFFICER TRAINING PROGRAM.
(a) Program.--Subtitle C of title X of the National Security Act of
1947 (50 U.S.C. 441m et seq.), as amended by section 312(e) of this Act,
is further amended by adding at the end the following new section:
``intelligence officer training program
``Sec. 1024. <<NOTE: 50 USC 441p.>> (a) Programs.--(1) The Director
of National Intelligence may carry out grant programs in accordance with
subsection (b) to enhance the recruitment and retention of an ethnically
and culturally diverse intelligence community workforce with
capabilities critical to the national security interests of the United
States.
``(2) In carrying out paragraph (1), the Director shall identify the
skills necessary to meet current or emergent needs of the intelligence
community and the educational disciplines that will provide individuals
with such skills.
``(b) Institutional Grant Program.--(1) The Director may provide
grants to institutions of higher education to support the establishment
or continued development of programs of study in educational disciplines
identified under subsection (a)(2).
``(2) A grant provided under paragraph (1) may, with respect to the
educational disciplines identified under subsection (a)(2), be used for
the following purposes:
``(A) Curriculum or program development.
``(B) Faculty development.
``(C) Laboratory equipment or improvements.
``(D) Faculty research.
``(c) Application.--An institution of higher education seeking a
grant under this section shall submit an application describing the
proposed use of the grant at such time and in such manner as the
Director may require.
``(d) Reports.--An institution of higher education that receives a
grant under this section shall submit to the Director regular reports
regarding the use of such grant, including--
``(1) a description of the benefits to students who
participate in the course of study funded by such grant;
[[Page 124 STAT. 2666]]
``(2) a description of the results and accomplishments
related to such course of study; and
``(3) any other information that the Director may require.
``(e) Regulations.--The Director shall prescribe such regulations as
may be necessary to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `Director' means the Director of National
Intelligence.
``(2) The term `institution of higher education' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).''.
(b) Repeal of Duplicative Provisions.--
(1) In general.--The following provisions of law are
repealed:
(A) Subsections (b) through (g) of section 319 of
the Intelligence Authorization Act for Fiscal Year 2004
(Public Law 108-177; 50 U.S.C. 403 note).
(B) Section 1003 of the National Security Act of
1947 (50 U.S.C. 441g-2).
(C) Section 922 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 50 U.S.C. 402 note).
(2) <<NOTE: 50 USC 441g-2 note.>> Existing agreements.--
Notwithstanding the repeals made by paragraph (1), nothing in
this subsection shall be construed to amend, modify, or abrogate
any agreement, contract, or employment relationship that was in
effect in relation to the provisions repealed under paragraph
(1) on the day prior to the date of the enactment of this Act.
(3) Technical amendment.--Section 319 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
U.S.C. 403 note) is amended by striking ``(a) Findings.--''.
(c) Table of Contents Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by section 312
of this Act, is further amended by striking the item relating to section
1003 and inserting the following new item:
``Sec. 1024. Intelligence officer training program.''.
SEC. 314. <<NOTE: 50 USC 441j note.>> PILOT PROGRAM FOR INTENSIVE
LANGUAGE INSTRUCTION IN AFRICAN LANGUAGES.
(a) Establishment.--The Director of National Intelligence, in
consultation with the National Security Education Board established
under section 803(a) of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1903(a)), may establish a pilot program for
intensive language instruction in African languages.
(b) Program.--A pilot program established under subsection (a) shall
provide scholarships for programs that provide intensive language
instruction--
(1) in any of the five highest priority African languages
for which scholarships are not offered under the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1901 et
seq.), as determined by the Director of National Intelligence;
and
(2) both in the United States and in a country in which the
language is the native language of a significant portion of the
population, as determined by the Director of National
Intelligence.
[[Page 124 STAT. 2667]]
(c) Termination.--A pilot program established under subsection (a)
shall terminate on the date that is five years after the date on which
such pilot program is established.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $2,000,000.
(2) Availability.--Funds authorized to be appropriated under
paragraph (1) shall remain available until the termination of
the pilot program in accordance with subsection (c).
Subtitle C--Acquisition Matters
SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.
(a) Vulnerability Assessments of Major Systems.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 305 of this
Act, is further amended by inserting after section 506B, as
added by section 305(a), the following new section:
``vulnerability assessments of major systems
``Sec. 506C. <<NOTE: 50 USC 415a-5.>> (a) Initial Vulnerability
Assessments.--(1)(A) Except as provided in subparagraph (B), the
Director of National Intelligence shall conduct and submit to the
congressional intelligence committees an initial vulnerability
assessment for each major system and its significant items of supply--
``(i) except as provided in clause (ii), prior to the
completion of Milestone B or an equivalent acquisition decision
for the major system; or
``(ii) prior to the date that is 1 year after the date of
the enactment of the Intelligence Authorization Act for Fiscal
Year 2010 in the case of a major system for which Milestone B or
an equivalent acquisition decision--
``(I) was completed prior to such date of enactment;
or
``(II) is completed on a date during the 180-day
period following such date of enactment.
``(B) <<NOTE: Deadline. Notification.>> The Director may submit to
the congressional intelligence committees an initial vulnerability
assessment required by clause (ii) of subparagraph (A) not later than
180 days after the date such assessment is required to be submitted
under such clause if the Director notifies the congressional
intelligence committees of the extension of the submission date under
this subparagraph and provides a justification for such extension.
``(C) The initial vulnerability assessment of a major system and its
significant items of supply shall include use of an analysis-based
approach to--
``(i) identify vulnerabilities;
``(ii) define exploitation potential;
``(iii) examine the system's potential effectiveness;
``(iv) determine overall vulnerability; and
``(v) make recommendations for risk reduction.
``(2) If an initial vulnerability assessment for a major system is
not submitted to the congressional intelligence committees as required
by paragraph (1), funds appropriated for the acquisition of the major
system may not be obligated for a major contract related to the major
system. Such prohibition on the obligation
[[Page 124 STAT. 2668]]
of funds for the acquisition of the major system shall cease to apply on
the date on which the congressional intelligence committees receive the
initial vulnerability assessment.
``(b) Subsequent Vulnerability Assessments.--(1) The Director of
National Intelligence shall, periodically throughout the procurement of
a major system or if the Director determines that a change in
circumstances warrants the issuance of a subsequent vulnerability
assessment, conduct a subsequent vulnerability assessment of each major
system and its significant items of supply within the National
Intelligence Program.
``(2) Upon the request of a congressional intelligence committee,
the Director of National Intelligence may, if appropriate, recertify the
previous vulnerability assessment or may conduct a subsequent
vulnerability assessment of a particular major system and its
significant items of supply within the National Intelligence Program.
``(3) Any subsequent vulnerability assessment of a major system and
its significant items of supply shall include use of 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 clauses (i) through (v) of subsection (a)(1)(C).
``(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 National Intelligence Program budget.
``(d) <<NOTE: Records. Deadline.>> 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) <<NOTE: Proposed schedule.>> The Director of National
Intelligence shall provide the congressional intelligence committees
with a proposed schedule for subsequent periodic vulnerability
assessments of a major system under subsection (b)(1) when providing
such committees with the initial vulnerability assessment under
subsection (a) of such system as required by paragraph (1).
``(e) Definitions.--In this section:
``(1) The term `item of supply' has the meaning given that
term in section 4(10) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(10)).
``(2) The term `major contract' means each of the 6 largest
prime, associate, or Government-furnished equipment contracts
under a major system that is in excess of $40,000,000 and that
is not a firm, fixed price contract.
``(3) The term `major system' has the meaning given that
term in section 506A(e).
``(4) The term `Milestone B' means a decision to enter into
major system development and demonstration pursuant to guidance
prescribed by the Director of National Intelligence.
``(5) The term `vulnerability assessment' means the process
of identifying and quantifying vulnerabilities in a major system
and its significant items of supply.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 313 of this Act, is further amended by
[[Page 124 STAT. 2669]]
inserting after the item relating to section 506B, as added by
section 305(c) of this Act, the following new item:
``Sec. 506C. Vulnerability assessments of major systems.''.
(b) Definition of Major System.--Paragraph (3) of section 506A(e) of
the National Security Act of 1947 (50 U.S.C. 415a-1(e)) is amended by
striking ``(in current fiscal year dollars)'' and inserting ``(based on
fiscal year 2010 constant dollars)''.
SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.
(a) Intelligence Community Business System Transformation.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 321 of this
Act, is further amended by inserting after section 506C, as
added by section 321(a), the following new section:
``intelligence community business system transformation
``Sec. 506D. <<NOTE: 50 USC 415a-6.>> (a) Limitation on Obligation
of Funds.--(1) Subject to paragraph (3), no funds appropriated to any
element of the intelligence community may be obligated for an
intelligence community business system transformation that will have a
total cost in excess of $3,000,000 unless--
``(A) the Director of the Office of Business Transformation
of the Office of the Director of National Intelligence makes a
certification described in paragraph (2) with respect to such
intelligence community business system transformation; and
``(B) such certification is approved by the board
established under subsection (f).
``(2) <<NOTE: Certification.>> The certification described in this
paragraph for an intelligence community business system transformation
is a certification made by the Director of the Office of Business
Transformation of the Office of the Director of National Intelligence
that the intelligence community business system transformation--
``(A) complies with the enterprise architecture under
subsection (b) and such other policies and standards that the
Director of National Intelligence considers appropriate; or
``(B) is necessary--
``(i) to achieve a critical national security
capability or address a critical requirement; or
``(ii) to prevent a significant adverse effect on a
project that is needed to achieve an essential
capability, taking into consideration any alternative
solutions for preventing such adverse effect.
``(3) With respect to a fiscal year after fiscal year 2010, the
amount referred to in paragraph (1) in the matter preceding subparagraph
(A) shall be equal to the sum of--
``(A) the amount in effect under such paragraph (1) for the
preceding fiscal year (determined after application of this
paragraph), plus
``(B) such amount multiplied by the annual percentage
increase in the consumer price index (all items; U.S. city
average) as of September of the previous fiscal year.
``(b) Enterprise Architecture for Intelligence Community Business
Systems.--(1) The Director of National Intelligence shall, acting
through the board established under subsection (f), develop
[[Page 124 STAT. 2670]]
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 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 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
Transformation.--The Director of National Intelligence shall be
responsible for the entire life cycle of an intelligence community
business system transformation, including review, approval, and
oversight of the planning, design, acquisition, deployment, operation,
and maintenance of the business system transformation.
``(d) Intelligence Community Business System Investment Review.--
(1) <<NOTE: Deadline.>> The Director of the Office of Business
Transformation of the Office of the Director of National Intelligence
shall establish and implement, not later than 60 days after the
enactment of the Intelligence Authorization Act for Fiscal Year 2010, an
investment review process for the intelligence community business
systems for which the Director of the Office of Business Transformation
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
Director of the Office of Business Transformation 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.
[[Page 124 STAT. 2671]]
``(D) Procedures for making certifications in accordance
with the requirements of subsection (a)(2).
``(e) Budget Information.--For each fiscal year after fiscal year
2011, 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;
``(B) funds for business systems modernization
identified for each specific appropriation; and
``(C) funds for associated business process
improvement or reengineering efforts.
``(3) The certification, if any, made under subsection
(a)(2) with respect to each such system.
``(f) Intelligence Community Business System Transformation
Governance Board.--(1) <<NOTE: Establishment.>> The Director of
National Intelligence shall establish a board within the intelligence
community business system transformation governance structure (in this
subsection referred to as the `Board').
``(2) The Board 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) coordinate initiatives for intelligence community
business system transformation 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 transformation;
``(E) ensure that funds are obligated for intelligence
community business system transformation 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) Relationship to Defense Business Enterprise Architecture.--
Nothing in this section shall be construed to exempt funds authorized to
be appropriated to the Department of Defense from the requirements of
section 2222 of title 10, United
[[Page 124 STAT. 2672]]
States Code, to the extent that such requirements are otherwise
applicable.
``(i) Relation to Clinger-Cohen Act.--(1) Executive agency
responsibilities in chapter 113 of title 40, United States Code, for any
intelligence community business system transformation shall be exercised
jointly by--
``(A) the Director of National Intelligence and the Chief
Information Officer of the Intelligence Community; and
``(B) the head of the executive agency that contains the
element of the intelligence community involved and the chief
information officer of that executive agency.
``(2) The Director of National Intelligence and the head of the
executive agency referred to in paragraph (1)(B) shall enter into a
Memorandum of Understanding to carry out the requirements of this
section in a manner that best meets the needs of the intelligence
community and the executive agency.
``(j) Reports.--Not later than March 31 of each of the years 2011
through 2015, 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 transformations submitted for
certification under such subsection;
``(2) identify the number of intelligence community business
system transformations that received a certification described
in subsection (a)(2); and
``(3) describe specific improvements in business operations
and cost savings resulting from successful intelligence
community business systems transformation 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, including a national security
system, that is operated by, for, or on behalf of an element of
the intelligence community, including a financial system, mixed
system, financial data feeder system, and the business
infrastructure capabilities shared by the systems of the
business enterprise architecture, including people, process, and
technology, 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
transformation' means--
[[Page 124 STAT. 2673]]
``(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.
``(6) The term `Office of Business Transformation of the
Office of the Director of National Intelligence' includes any
successor office that assumes the functions of the Office of
Business Transformation of the Office of the Director of
National Intelligence as carried out by the Office of Business
Transformation on the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2010.''.
(2) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by section 321 of this
Act, is further amended by inserting after the item relating to
section 506C, as added by section 321(a)(2), the following new
item:
``Sec. 506D. Intelligence community business system transformation.''.
(b) <<NOTE: Deadlines. 50 USC 415a-6 note.>> Implementation.--
(1) Certain duties.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall designate a chair and other members to serve
on the board established under subsection (f) of such section
506D of the National Security Act of 1947 (as added by
subsection (a)).
(2) Enterprise architecture.--
(A) Schedule for development.--The Director shall
develop the enterprise architecture required by
subsection (b) of such section 506D (as so added),
including the initial Business Enterprise Architecture
for business transformation, not later than 60 days
after the enactment of this Act.
(B) Requirement for implementation plan.--In
developing such an enterprise architecture, the Director
shall develop an implementation plan for such enterprise
architecture that includes the following:
(i) An acquisition strategy for new systems
that are expected to be needed to complete such
enterprise architecture, including specific time-
phased milestones, performance metrics, and a
statement of the financial and nonfinancial
resource needs.
(ii) An identification of the intelligence
community business systems in operation or planned
as of the date that is 60 days after the enactment
of this Act that will not be a part of such
enterprise architecture, together with the
schedule for the phased termination of the
utilization of any such systems.
(iii) An identification of the intelligence
community business systems in operation or planned
as of such date, that will be a part of such
enterprise architecture, together with a strategy
for modifying such systems to ensure that such
systems comply with such enterprise architecture.
[[Page 124 STAT. 2674]]
(C) Submission of acquisition strategy.--Based on
the results of an enterprise process management review
and the availability of funds, the Director shall submit
the acquisition strategy described in subparagraph
(B)(i) to the congressional intelligence committees not
later than March 31, 2011.
SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
(a) Reports.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 322 of this
Act, is further amended by inserting after section 506D, as
added by section 322(a)(1), the following new section:
``reports on the acquisition of major systems
``Sec. 506E. <<NOTE: 50 USC 415a-7.>> (a) Definitions.--In this
section:
``(1) The term `cost estimate'--
``(A) means an assessment and quantification of all
costs and risks associated with the acquisition of a
major system based upon reasonably available information
at the time the Director establishes the 2010 adjusted
total acquisition cost for such system pursuant to
subsection (h) or restructures such system pursuant to
section 506F(c); and
``(B) does not mean an `independent cost estimate'.
``(2) The term `critical cost growth threshold' means a
percentage increase in the total acquisition cost for a major
system of at least 25 percent over the total acquisition cost
for the major system as shown in the current Baseline Estimate
for the major system.
``(3)(A) The term `current Baseline Estimate' means the
projected total acquisition cost of a major system that is--
``(i) approved by the Director, or a designee of the
Director, at Milestone B or an equivalent acquisition
decision for the development, procurement, and
construction of such system;
``(ii) approved by the Director at the time such
system is restructured pursuant to section 506F(c); or
``(iii) the 2010 adjusted total acquisition cost
determined pursuant to subsection (h).
``(B) A current Baseline Estimate may be in the form of an
independent cost estimate.
``(4) Except as otherwise specifically provided, the term
`Director' means the Director of National Intelligence.
``(5) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(6) The term `major contract' means each of the 6 largest
prime, associate, or Government-furnished equipment contracts
under a major system that is in excess of $40,000,000 and that
is not a firm, fixed price contract.
``(7) The term `major system' has the meaning given that
term in section 506A(e).
``(8) The term `Milestone B' means a decision to enter into
major system development and demonstration pursuant to guidance
prescribed by the Director.
``(9) The term `program manager' means--
[[Page 124 STAT. 2675]]
``(A) the head of the element of the intelligence
community that is responsible for the budget, cost,
schedule, and performance of a major system; or
``(B) in the case of a major system within the
Office of the Director of National Intelligence, the
deputy who is responsible for the budget, cost,
schedule, and performance of the major system.
``(10) The term `significant cost growth threshold' means
the percentage increase in the total acquisition cost for a
major system of at least 15 percent over the total acquisition
cost for such system as shown in the current Baseline Estimate
for such system.
``(11) The term `total acquisition cost' means the amount
equal to the total cost for development and procurement of, and
system-specific construction for, a major system.
``(b) Major System Cost Reports.--(1) The program manager for a
major system shall, on a quarterly basis, submit to the Director a major
system cost report as described in paragraph (2).
``(2) A major system cost report shall include the following
information (as of the last day of the quarter for which the report is
made):
``(A) The total acquisition cost for the major system.
``(B) Any cost variance or schedule variance in a major
contract for the major system since the contract was entered
into.
``(C) Any changes from a major system schedule milestones or
performances that are known, expected, or anticipated by the
program manager.
``(D) Any significant changes in the total acquisition cost
for development and procurement of any software component of the
major system, schedule milestones for such software component of
the major system, or expected performance of such software
component of the major system that are known, expected, or
anticipated by the program manager.
``(3) Each major system cost report required by paragraph (1) shall
be submitted not more than 30 days after the end of the reporting
quarter.
``(c) Reports for Breach of Significant or Critical Cost Growth
Thresholds.--If the program manager of a major system for which a report
has previously been submitted under subsection (b) determines at any
time during a quarter that there is reasonable cause to believe that the
total acquisition cost for the major system has increased by a
percentage equal to or greater than the significant cost growth
threshold or critical cost growth threshold and if a report indicating
an increase of such percentage or more has not previously been submitted
to the Director, then the program manager shall immediately submit to
the Director a major system cost report containing the information,
determined as of the date of the report, required under subsection (b).
``(d) Notification to Congress of Cost Growth.--(1) Whenever a major
system cost report is submitted to the Director, the Director shall
determine whether the current acquisition cost for the major system has
increased by a percentage equal to or greater than the significant cost
growth threshold or the critical cost growth threshold.
[[Page 124 STAT. 2676]]
``(2) If the Director determines that the current total acquisition
cost has increased by a percentage equal to or greater than the
significant cost growth threshold or critical cost growth threshold, the
Director shall submit to Congress a Major System Congressional Report
pursuant to subsection (e).
``(e) Requirement for Major System Congressional Report.--(1)
Whenever the Director determines under subsection (d) that the total
acquisition cost of a major system has increased by a percentage equal
to or greater than the significant cost growth threshold for the major
system, a Major System Congressional Report shall be submitted to
Congress not later than 45 days after the date on which the Director
receives the major system cost report for such major system.
``(2) If the total acquisition cost of a major system (as determined
by the Director under subsection (d)) increases by a percentage equal to
or greater than the critical cost growth threshold for the program or
subprogram, the Director shall take actions consistent with the
requirements of section 506F.
``(f) Major System Congressional Report Elements.--(1) Except as
provided in paragraph (2), each Major System Congressional Report shall
include the following:
``(A) The name of the major system.
``(B) The date of the preparation of the report.
``(C) The program phase of the major system as of the date
of the preparation of the report.
``(D) The estimate of the total acquisition cost for the
major system expressed in constant base-year dollars and in
current dollars.
``(E) The current Baseline Estimate for the major system in
constant base-year dollars and in current dollars.
``(F) A statement of the reasons for any increase in total
acquisition cost for the major system.
``(G) The completion status of the major system--
``(i) expressed as the percentage that the number of
years for which funds have been appropriated for the
major system is of the number of years for which it is
planned that funds will be appropriated for the major
system; and
``(ii) expressed as the percentage that the amount
of funds that have been appropriated for the major
system is of the total amount of funds which it is
planned will be appropriated for the major system.
``(H) The fiscal year in which the major system was first
authorized and in which funds for such system were first
appropriated by Congress.
``(I) The current change and the total change, in dollars
and expressed as a percentage, in the total acquisition cost for
the major system, stated both in constant base-year dollars and
in current dollars.
``(J) The quantity of end items to be acquired under the
major system and the current change and total change, if any, in
that quantity.
``(K) The identities of the officers responsible for
management and cost control of the major system.
``(L) The action taken and proposed to be taken to control
future cost growth of the major system.
``(M) Any changes made in the performance or schedule
milestones of the major system and the extent to which such
[[Page 124 STAT. 2677]]
changes have contributed to the increase in total acquisition
cost for the major system.
``(N) The following contract performance assessment
information with respect to each major contract under the major
system:
``(i) The name of the contractor.
``(ii) The phase that the contract is in at the time
of the preparation of the report.
``(iii) The percentage of work under the contract
that has been completed.
``(iv) Any current change and the total change, in
dollars and expressed as a percentage, in the contract
cost.
``(v) The percentage by which the contract is
currently ahead of or behind schedule.
``(vi) A narrative providing a summary explanation
of the most significant occurrences, including cost and
schedule variances under major contracts of the major
system, contributing to the changes identified and a
discussion of the effect these occurrences will have on
the future costs and schedule of the major system.
``(O) In any case in which one or more problems with a
software component of the major system significantly contributed
to the increase in costs of the major system, the action taken
and proposed to be taken to solve such problems.
``(2) A Major System Congressional Report prepared for a major
system for which the increase in the total acquisition cost is due to
termination or cancellation of the entire major system shall include
only--
``(A) the information described in subparagraphs (A) through
(F) of paragraph (1); and
``(B) the total percentage change in total acquisition cost
for such system.
``(g) Prohibition on Obligation of Funds.--If a determination of an
increase by a percentage equal to or greater than the significant cost
growth threshold is made by the Director under subsection (d) and a
Major System Congressional Report containing the information described
in subsection (f) is not submitted to Congress under subsection (e)(1),
or if a determination of an increase by a percentage equal to or greater
than the critical cost growth threshold is made by the Director under
subsection (d) and the Major System Congressional Report containing the
information described in subsection (f) and section 506F(b)(3) and the
certification required by section 506F(b)(2) are not submitted to
Congress under subsection (e)(2), funds appropriated for construction,
research, development, test, evaluation, and procurement may not be
obligated for a major contract under the major system. <<NOTE: Time
period.>> The prohibition on the obligation of funds for a major system
shall cease to apply at the end of the 45-day period that begins on the
date--
``(1) on which Congress receives the Major System
Congressional Report under subsection (e)(1) with respect to
that major system, in the case of a determination of an increase
by a percentage equal to or greater than the significant cost
growth threshold (as determined in subsection (d)); or
``(2) on which Congress receives both the Major System
Congressional Report under subsection (e)(2) and the
certification of the Director under section 506F(b)(2) with
respect
[[Page 124 STAT. 2678]]
to that major system, in the case of an increase by a percentage
equal to or greater than the critical cost growth threshold (as
determined under subsection (d)).
``(h) <<NOTE: Deadline.>> Treatment of Cost Increases Prior to
Enactment of Intelligence Authorization Act for Fiscal Year 2010.--(1)
Not later than 180 days after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2010, the Director--
``(A) shall, for each major system, determine if the total
acquisition cost of such major system increased by a percentage
equal to or greater than the significant cost growth threshold
or the critical cost growth threshold prior to such date of
enactment;
``(B) shall establish for each major system for which the
total acquisition cost has increased by a percentage equal to or
greater than the significant cost growth threshold or the
critical cost growth threshold prior to such date of enactment a
revised current Baseline Estimate based upon an updated cost
estimate;
``(C) may, for a major system not described in subparagraph
(B), establish a revised current Baseline Estimate based upon an
updated cost estimate; and
``(D) shall submit to Congress a report describing--
``(i) each determination made under subparagraph
(A);
``(ii) each revised current Baseline Estimate
established for a major system under subparagraph (B);
and
``(iii) each revised current Baseline Estimate
established for a major system under subparagraph (C),
including the percentage increase of the total
acquisition cost of such major system that occurred
prior to the date of the enactment of such Act.
``(2) The revised current Baseline Estimate established for a major
system under subparagraph (B) or (C) of paragraph (1) shall be the 2010
adjusted total acquisition cost for the major system and may include the
estimated cost of conducting any vulnerability assessments for such
major system required under section 506C.
``(i) Requirements To Use Base Year Dollars.--Any determination of a
percentage increase under this section shall be stated in terms of
constant base year dollars.
``(j) Form of Report.--Any report required to be submitted under
this section may be submitted in a classified form.''.
(2) <<NOTE: 50 USC 415a-7 note.>> Applicability date of
quarterly reports.--The first report required to be submitted
under subsection (b) of section 506E of the National security
Act of 1947, as added by paragraph (1) of this subsection, shall
be submitted with respect to the first fiscal quarter that
begins on a date that is not less than 180 days after the date
of the enactment of this Act.
(3) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by section 322 of this
Act, is further amended by inserting after the item relating to
section 506D, as added by section 322(a)(2), the following new
item:
``Sec. 506E. Reports on the acquisition of major systems.''.
(b) <<NOTE: 50 USC 415a-7 note.>> Major Defense Acquisition
Programs.--Nothing in this section, section 324, or an amendment made by
this section or section 324, shall be construed to exempt an acquisition
program
[[Page 124 STAT. 2679]]
of the Department of Defense from the requirements of chapter 144 of
title 10, United States Code or Department of Defense Directive 5000, to
the extent that such requirements are otherwise applicable.
SEC. 324. CRITICAL COST GROWTH IN MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 323 of this Act, is further
amended by inserting after section 506E, as added by section 323(a), the
following new section:
``critical cost growth in major systems
``Sec. 506F. <<NOTE: 50 USC 415a-8.>> (a) Reassessment of Major
System.--If the Director of National Intelligence determines under
section 506E(d) that the total acquisition cost of a major system has
increased by a percentage equal to or greater than the critical cost
growth threshold for the major system, the Director shall--
``(1) determine the root cause or causes of the critical
cost growth, in accordance with applicable statutory
requirements, policies, procedures, and guidance; and
``(2) carry out an assessment of--
``(A) the projected cost of completing the major
system if current requirements are not modified;
``(B) the projected cost of completing the major
system based on reasonable modification of such
requirements;
``(C) the rough order of magnitude of the costs of
any reasonable alternative system or capability; and
``(D) the need to reduce funding for other systems
due to the growth in cost of the major system.
``(b) <<NOTE: Reports. Certification.>> Presumption of
Termination.--(1) After conducting the reassessment required by
subsection (a) with respect to a major system, the Director shall
terminate the major system unless the Director submits to Congress a
Major System Congressional Report containing a certification in
accordance with paragraph (2) and the information described in paragraph
(3). The Director shall submit such Major System Congressional Report
and certification not later than 90 days after the date the Director
receives the relevant major system cost report under subsection (b) or
(c) of section 506E.
``(2) A certification described by this paragraph with respect to a
major system is a written certification that--
``(A) the continuation of the major system is essential to
the national security;
``(B) there are no alternatives to the major system that
will provide acceptable capability to meet the intelligence
requirement at less cost;
``(C) the new estimates of the total acquisition cost have
been determined by the Director to be reasonable;
``(D) the major system is a higher priority than other
systems whose funding must be reduced to accommodate the growth
in cost of the major system; and
``(E) the management structure for the major system is
adequate to manage and control the total acquisition cost.
``(3) A Major System Congressional Report accompanying a written
certification under paragraph (2) shall include, in addition to the
requirements of section 506E(e), the root cause analysis and assessment
carried out pursuant to subsection (a), the basis
[[Page 124 STAT. 2680]]
for each determination made in accordance with subparagraphs (A) through
(E) of paragraph (2), and a description of all funding changes made as a
result of the growth in the cost of the major system, including
reductions made in funding for other systems to accommodate such cost
growth, together with supporting documentation.
``(c) Actions if Major System Not Terminated.--If the Director
elects not to terminate a major system pursuant to subsection (b), the
Director shall--
``(1) restructure the major system in a manner that
addresses the root cause or causes of the critical cost growth,
as identified pursuant to subsection (a), and ensures that the
system has an appropriate management structure as set forth in
the certification submitted pursuant to subsection (b)(2)(E);
``(2) rescind the most recent Milestone approval for the
major system;
``(3) require a new Milestone approval for the major system
before taking any action to enter a new contract, exercise an
option under an existing contract, or otherwise extend the scope
of an existing contract under the system, except to the extent
determined necessary by the Milestone Decision Authority, on a
nondelegable basis, to ensure that the system may be
restructured as intended by the Director without unnecessarily
wasting resources;
``(4) establish a revised current Baseline Estimate for the
major system based upon an updated cost estimate; and
``(5) conduct regular reviews of the major system.
``(d) <<NOTE: Reports.>> Actions if Major System Terminated.--If a
major system is terminated pursuant to subsection (b), the Director
shall submit to Congress a written report setting forth--
``(1) an explanation of the reasons for terminating the
major system;
``(2) the alternatives considered to address any problems in
the major system; and
``(3) the course the Director plans to pursue to meet any
intelligence requirements otherwise intended to be met by the
major system.
``(e) Form of Report.--Any report or certification required to be
submitted under this section may be submitted in a classified form.
``(f) Waiver.--(1) The Director may waive the requirements of
subsections (d)(2), (e), and (g) of section 506E and subsections (a)(2),
(b), (c), and (d) of this section with respect to a major system if the
Director determines that at least 90 percent of the amount of the
current Baseline Estimate for the major system has been expended.
``(2)(A) <<NOTE: Notification.>> If the Director grants a waiver
under paragraph (1) with respect to a major system, the Director shall
submit to the congressional intelligence committees written notice of
the waiver that includes--
``(i) the information described in section 506E(f); and
``(ii) if the current total acquisition cost of the major
system has increased by a percentage equal to or greater than
the critical cost growth threshold--
``(I) a determination of the root cause or causes of
the critical cost growth, as described in subsection
(a)(1); and
[[Page 124 STAT. 2681]]
``(II) <<NOTE: Certification.>> a certification
that includes the elements described in subparagraphs
(A), (B), and (E) of subsection (b)(2).
``(B) <<NOTE: Deadline.>> The Director shall submit the written
notice required by subparagraph (A) not later than 90 days after the
date that the Director receives a major system cost report under
subsection (b) or (c) of section 506E that indicates that the total
acquisition cost for the major system has increased by a percentage
equal to or greater than the significant cost growth threshold or
critical cost growth threshold.
``(g) Definitions.--In this section, the terms `cost estimate',
`critical cost growth threshold', `current Baseline Estimate', `major
system', and `total acquisition cost' have the meaning given those terms
in section 506E(a).''.
(b) Table of Contents Amendment.--The table of contents in the first
section of that Act, as amended by section 323 of this Act, is further
amended by inserting after the items relating to section 506E, as added
by section 323(a)(3), the following new item:
``Sec. 506F. Critical cost growth in major systems.''.
SEC. 325. FUTURE BUDGET PROJECTIONS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 324 of this Act, is further
amended by inserting after section 506F, as added by section 324(a), the
following new section:
``future budget projections
``Sec. 506G. <<NOTE: 50 USC 415a-9.>> (a) Future Year Intelligence
Plans.--(1) The Director of National Intelligence, with the concurrence
of the Director of the Office of Management and Budget, shall provide to
the congressional intelligence committees a Future Year Intelligence
Plan, as described in paragraph (2), for--
``(A) each expenditure center in the National Intelligence
Program; and
``(B) each major system in the National Intelligence
Program.
``(2)(A) A Future Year Intelligence Plan submitted under this
subsection shall include the year-by-year proposed funding for each
center or system referred to in subparagraph (A) or (B) of paragraph
(1), for the budget year for which the Plan is submitted and not less
than the 4 subsequent fiscal years.
``(B) A Future Year Intelligence Plan submitted under subparagraph
(B) of paragraph (1) for a major system shall include--
``(i) the estimated total life-cycle cost of such major
system; and
``(ii) major milestones that have significant resource
implications for such major system.
``(b) Long-term Budget Projections.--(1) <<NOTE: Time period.>> The
Director of National Intelligence, with the concurrence of the Director
of the Office of Management and Budget, shall provide to the
congressional intelligence committees a Long-term Budget Projection for
each element of the intelligence community funded under the National
Intelligence Program acquiring a major system that includes the budget
for such element for the 5-year period that begins on the day after the
end of the last fiscal year for which year-by-year
[[Page 124 STAT. 2682]]
proposed funding is included in a Future Year Intelligence Plan for such
major system in accordance with subsection (a)(2)(A).
``(2) A Long-term Budget Projection submitted under paragraph (1)
shall include--
``(A) projections for the appropriate element of the
intelligence community for--
``(i) pay and benefits of officers and employees of
such element;
``(ii) other operating and support costs and minor
acquisitions of such element;
``(iii) research and technology required by such
element;
``(iv) current and planned major system acquisitions
for such element;
``(v) any future major system acquisitions for such
element; and
``(vi) any additional funding projections that the
Director of National Intelligence considers appropriate;
``(B) a budget projection based on effective cost and
schedule execution of current or planned major system
acquisitions and application of Office of Management and Budget
inflation estimates to future major system acquisitions;
``(C) any additional assumptions and projections that the
Director of National Intelligence considers appropriate; and
``(D) a description of whether, and to what extent, the
total projection for each year exceeds the level that would
result from applying the most recent Office of Management and
Budget inflation estimate to the budget of that element of the
intelligence community.
``(c) Submission to Congress.--The Director of National
Intelligence, with the concurrence of the Director of the Office of
Management and Budget, shall submit to the congressional intelligence
committees each Future Year Intelligence Plan or Long-term Budget
Projection required under subsection (a) or (b) for a fiscal year at the
time that the President submits to Congress the budget for such fiscal
year pursuant section 1105 of title 31, United States Code.
``(d) Major System Affordability Report.--(1) The Director of
National Intelligence, with the concurrence of the Director of the
Office of Management and Budget, shall prepare a report on the
acquisition of a major system funded under the National Intelligence
Program before the time that the President submits to Congress the
budget for the first fiscal year in which appropriated funds are
anticipated to be obligated for the development or procurement of such
major system.
``(2) The report on such major system shall include an assessment of
whether, and to what extent, such acquisition, if developed, procured,
and operated, is projected to cause an increase in the most recent
Future Year Intelligence Plan and Long-term Budget Projection submitted
under section 506G for an element of the intelligence community.
``(3) The Director of National Intelligence shall update the report
whenever an independent cost estimate must be updated pursuant to
section 506A(a)(4).
``(4) The Director of National Intelligence shall submit each report
required by this subsection at the time that the President submits to
Congress the budget for a fiscal year pursuant to section 1105 of title
31, United States Code.
[[Page 124 STAT. 2683]]
``(e) Definitions.--In this section:
``(1) Budget year.--The term `budget year' means the next
fiscal year for which the President is required to submit to
Congress a budget pursuant to section 1105 of title 31, United
States Code.
``(2) Independent cost estimate; major system.--The terms
`independent cost estimate' and `major system' have the meaning
given those terms in section 506A(e).''.
(b) <<NOTE: 50 USC 415a-9 note.>> Applicability Date.--The first
Future Year Intelligence Plan and Long-term Budget Projection required
to be submitted under subsection (a) and (b) of section 506G of the
National Security Act of 1947, as added by subsection (a), shall be
submitted to the congressional intelligence committees at the time that
the President submits to Congress the budget for fiscal year 2012
pursuant to section 1105 of title 31, United States Code.
(c) Conforming Amendments.--
(1) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by section 324 of this
Act, is further amended by inserting after the items relating to
section 506F, as added by section 324(b), the following new
item:
``Sec. 506G. Future budget projections.''.
(2) Repeal of duplicative provision.--Section 8104 of the
Department of Defense Appropriations Act, 2010 (50 U.S.C. 415a-
3; Public Law 111-118; 123 Stat. 3451) is repealed.
SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS.
Subsection (n) of 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
paragraph:
``(4)(A) In addition to the authority referred to in paragraph (1),
the Director of National Intelligence may authorize the head of an
element of the intelligence community to exercise an acquisition
authority referred to in section 3 or 8(a) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by
such element that is more than 50 percent funded under the National
Intelligence Program.
``(B) The head of an element of the intelligence community may not
exercise an authority referred to in subparagraph (A) until--
``(i) the head of such element (without delegation) submits
to the Director of National Intelligence a written request that
includes--
``(I) a description of such authority requested to
be exercised;
``(II) an explanation of the need for such
authority, including an explanation of the reasons that
other authorities are insufficient; and
``(III) a certification that the mission of such
element would be--
``(aa) impaired if such authority is not
exercised; or
``(bb) significantly and measurably enhanced
if such authority is exercised; and
[[Page 124 STAT. 2684]]
``(ii) the Director of National Intelligence issues a
written authorization that includes--
``(I) a description of the authority referred to in
subparagraph (A) that is authorized to be exercised; and
``(II) a justification to support the exercise of
such authority.
``(C) A request and authorization to exercise an authority referred
to in subparagraph (A) may be made with respect to an individual
acquisition or with respect to a specific class of acquisitions
described in the request and authorization referred to in subparagraph
(B).
``(D)(i) A request from a head of an element of the intelligence
community located within one of the departments described in clause (ii)
to exercise an authority referred to in subparagraph (A) shall be
submitted to the Director of National Intelligence in accordance with
any procedures established by the head of such department.
``(ii) The departments described in this clause are the Department
of Defense, the Department of Energy, the Department of Homeland
Security, the Department of Justice, the Department of State, and the
Department of the Treasury.
``(E)(i) The head of an element of the intelligence community may
not be authorized to utilize an authority referred to in subparagraph
(A) for a class of acquisitions for a period of more than 3 years,
except that the Director of National Intelligence (without delegation)
may authorize the use of such an authority for not more than 6 years.
``(ii) Each authorization to utilize an authority referred to in
subparagraph (A) may be extended in accordance with the requirements of
subparagraph (B) for successive periods of not more than 3 years, except
that the Director of National Intelligence (without delegation) may
authorize an extension period of not more than 6 years.
``(F) Subject to clauses (i) and (ii) of subparagraph (E), the
Director of National Intelligence may only delegate the authority of the
Director under subparagraphs (A) through (E) to the Principal Deputy
Director of National Intelligence or a Deputy Director of National
Intelligence.
``(G) <<NOTE: Notifications.>> The Director of National Intelligence
shall submit--
``(i) to the congressional intelligence committees a
notification of an authorization to exercise an authority
referred to in subparagraph (A) or an extension of such
authorization that includes the written authorization referred
to in subparagraph (B)(ii); and
``(ii) to the Director of the Office of Management and
Budget a notification of an authorization to exercise an
authority referred to in subparagraph (A) for an acquisition or
class of acquisitions that will exceed $50,000,000 annually.
``(H) <<NOTE: Time period.>> Requests and authorizations to exercise
an authority referred to in subparagraph (A) shall remain available
within the Office of the Director of National Intelligence for a period
of at least 6 years following the date of such request or authorization.
``(I) Nothing in this paragraph may be construed to alter or
otherwise limit the authority of the Central Intelligence Agency to
independently exercise an authority under section 3 or 8(a) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 403j(a)).''.
[[Page 124 STAT. 2685]]
Subtitle D--Congressional Oversight, Plans, and Reports
SEC. 331. NOTIFICATION PROCEDURES.
(a) Procedures.--Section 501(c) of the National Security Act of 1947
(50 U.S.C. 413(c)) is amended by striking ``such procedures'' and
inserting ``such written procedures''.
(b) Intelligence Activities.--Section 502(a)(2) of such Act (50
U.S.C. 413a(a)(2)) is amended by inserting ``(including the legal basis
under which the intelligence activity is being or was conducted)'' after
``concerning intelligence activities''.
(c) Covert Actions.--Section 503 of such Act (50 U.S.C. 413b) is
amended--
(1) in subsection (b)(2), by inserting ``(including the
legal basis under which the covert action is being or was
conducted)'' after ``concerning covert actions'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``in writing''
after ``be reported'';
(B) in paragraph (4), by striking ``committee.
When'' and inserting the following: ``committee.
``(5)(A) When''; and
(C) in paragraph (5), as designated by subparagraph
(B)--
(i) in subparagraph (A), as so designated--
(I) by inserting ``, or a
notification provided under subsection
(d)(1),'' after ``access to a finding'';
(II) by inserting ``written'' before
``statement''; and
(ii) by adding at the end the following new
subparagraph:
``(B) <<NOTE: Deadline. President.>> Not later than
180 days after a statement of reasons is submitted in
accordance with subparagraph (A) or this subparagraph,
the President shall ensure that--
``(i) all members of the congressional
intelligence committees are provided access to the
finding or notification; or
``(ii) a statement of reasons that it is
essential to continue to limit access to such
finding or such notification to meet extraordinary
circumstances affecting vital interests of the
United States is submitted to the Members of
Congress specified in paragraph (2).'';
(3) in subsection (d)--
(A) by striking ``(d) The President'' and inserting
``(d)(1) The President'';
(B) in paragraph (1), as designated by subparagraph
(A), by inserting ``in writing'' after ``notified''; and
(C) by adding at the end the following new
paragraph:
``(2) <<NOTE: President.>> In determining whether an
activity constitutes a significant undertaking for purposes of
paragraph (1), the President shall consider whether the
activity--
``(A) involves significant risk of loss of life;
``(B) requires an expansion of existing authorities,
including authorities relating to research, development,
or operations;
[[Page 124 STAT. 2686]]
``(C) results in the expenditure of significant
funds or other resources;
``(D) requires notification under section 504;
``(E) gives rise to a significant risk of disclosing
intelligence sources or methods; or
``(F) presents a reasonably foreseeable risk of
serious damage to the diplomatic relations of the United
States if such activity were disclosed without
authorization.''; and
(4) by adding at the end the following new subsection:
``(g)(1) <<NOTE: President. Notification.>> In any case where
access to a finding reported under subsection (c) or notification
provided under subsection (d)(1) is not made available to all members of
a congressional intelligence committee in accordance with subsection
(c)(2), the President shall notify all members of such committee that
such finding or such notification has been provided only to the members
specified in subsection (c)(2).
``(2) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1) is not
made available to all members of a congressional intelligence committee
in accordance with subsection (c)(2), the President shall provide to all
members of such committee a general description regarding the finding or
notification, as applicable, consistent with the reasons for not yet
fully informing all members of such committee.
``(3) <<NOTE: Records.>> The President shall maintain--
``(A) a record of the members of Congress to whom a finding
is reported under subsection (c) or notification is provided
under subsection (d)(1) and the date on which each member of
Congress receives such finding or notification; and
``(B) each written statement provided under subsection
(c)(5).''.
SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT REQUIREMENTS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 325 of this Act, is further
amended by adding at the end the following new section:
``certification of compliance with oversight requirements
``Sec. 508. <<NOTE: Deadline. 50 USC 415d.>> The head of each
element of the intelligence community shall annually submit to the
congressional intelligence committees--
``(1) a certification that, to the best of the knowledge of
the head of such element--
``(A) the head of such element is in full compliance
with the requirements of this title; and
``(B) any information required to be submitted by
the head of such element under this Act before the date
of the submission of such certification has been
properly submitted; or
``(2) if the head of such element is unable to submit a
certification under paragraph (1), a statement--
``(A) of the reasons the head of such element is
unable to submit such a certification;
``(B) describing any information required to be
submitted by the head of such element under this Act
before
[[Page 124 STAT. 2687]]
the date of the submission of such statement that has
not been properly submitted; and
``(C) that the head of such element will submit such
information as soon as possible after the submission of
such statement.''.
(b) <<NOTE: 50 USC 415d note.>> Applicability Date.--The first
certification or statement required to be submitted by the head of each
element of the intelligence community under section 508 of the National
Security Act of 1947, as added by subsection (a), shall be submitted not
later than 90 days after the date of the enactment of this Act.
(c) Table of Contents Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by section 325
of this Act, is further amended by inserting after the item related to
section 507 the following new item:
``Sec. 508. Certification of compliance with oversight requirements.''.
SEC. 333. REPORT ON DETENTION AND INTERROGATION ACTIVITIES.
(a) Requirement for Report.--Not later than December 1, 2010, the
Director of National Intelligence, in coordination with the Attorney
General and the Secretary of Defense, shall submit to the congressional
intelligence committees a comprehensive report containing--
(1) the policies and procedures of the United States
Government governing participation by an element of the
intelligence community in the interrogation of individuals
detained by the United States who are suspected of international
terrorism with the objective, in whole or in part, of acquiring
national intelligence, including such policies and procedures of
each appropriate element of the intelligence community or
interagency body established to carry out interrogations;
(2) the policies and procedures relating to any detention by
the Central Intelligence Agency of such individuals in
accordance with Executive Order 13491;
(3) the legal basis for the policies and procedures referred
to in paragraphs (1) and (2);
(4) the training and research to support the policies and
procedures referred to in paragraphs (1) and (2); and
(5) any action that has been taken to implement section 1004
of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-1).
(b) Other Submission of Report.--
(1) Congressional armed services committees.--To the extent
that the report required by subsection (a) addresses an element
of the intelligence community within the Department of Defense,
the Director of National Intelligence, in consultation with the
Secretary of Defense, shall submit that portion of the report,
and any associated material that is necessary to make that
portion understandable, to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives. The Director of National Intelligence may
authorize redactions of the report and any associated materials
submitted pursuant to this paragraph, if such redactions are
consistent with the protection of sensitive intelligence sources
and methods.
(2) Congressional judiciary committees.--To the extent that
the report required by subsection (a) addresses an element of
the intelligence community within the Department of Justice,
[[Page 124 STAT. 2688]]
the Director of National Intelligence, in consultation with the
Attorney General, shall submit that portion of the report, and
any associated material that is necessary to make that portion
understandable, to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives. The Director of National Intelligence may
authorize redactions of the report and any associated materials
submitted pursuant to this paragraph, if such redactions are
consistent with the protection of sensitive intelligence sources
and methods.
(c) Form of Submissions.--Any submission required under this section
may be submitted in classified form.
SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM
OF DETAINEES HELD AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
<<NOTE: Public information.>> Not later than 60 days after the date
of the enactment of this Act, the Director of National Intelligence, in
consultation with the Director of the Central Intelligence Agency and
the Director of the Defense Intelligence Agency, shall make publicly
available an unclassified summary of--
(1) intelligence relating to recidivism of detainees
currently or formerly held at the Naval Detention Facility at
Guantanamo Bay, Cuba, by the Department of Defense; and
(2) an assessment of the likelihood that such detainees will
engage in terrorism or communicate with persons in terrorist
organizations.
SEC. 335. <<NOTE: 50 USC 404i note.>> REPORT AND STRATEGIC PLAN ON
BIOLOGICAL WEAPONS.
(a) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a report on--
(1) the intelligence collection efforts of the United States
dedicated to assessing the threat from biological weapons from
state, nonstate, or rogue actors, either foreign or domestic;
and
(2) efforts to protect the biodefense knowledge and
infrastructure of the United States.
(b) Content.--The report required by subsection (a) shall include--
(1) an assessment of the intelligence collection efforts of
the United States dedicated to detecting the development or use
of biological weapons by state, nonstate, or rogue actors,
either foreign or domestic;
(2) information on fiscal, human, technical, open-source,
and other intelligence collection resources of the United States
dedicated for use to detect or protect against the threat of
biological weapons;
(3) an assessment of any problems that may reduce the
overall effectiveness of United States intelligence collection
and analysis to identify and protect biological weapons targets,
including--
(A) intelligence collection gaps or inefficiencies;
(B) inadequate information sharing practices; or
(C) inadequate cooperation among departments or
agencies of the United States;
[[Page 124 STAT. 2689]]
(4) a strategic plan prepared by the Director of National
Intelligence, in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Homeland Security,
that provides for actions for the appropriate elements of the
intelligence community to close important intelligence gaps
related to biological weapons;
(5) a description of appropriate goals, schedules,
milestones, or metrics to measure the long-term effectiveness of
actions implemented to carry out the plan described in paragraph
(4); and
(6) any long-term resource and human capital issues related
to the collection of intelligence regarding biological weapons,
including any recommendations to address shortfalls of
experienced and qualified staff possessing relevant scientific,
language, and technical skills.
(c) <<NOTE: Deadline.>> Implementation of Strategic Plan.--Not
later than 30 days after the date on which the Director of National
Intelligence submits the report required by subsection (a), the Director
shall begin implementation of the strategic plan referred to in
subsection (b)(4).
SEC. 336. <<NOTE: 6 USC 121 note.>> CYBERSECURITY OVERSIGHT.
(a) Notification of Cybersecurity Programs.--
(1) <<NOTE: Deadlines. President.>> Requirement for
notification.--
(A) Existing programs.--Not later than 30 days after
the date of the enactment of this Act, the President
shall submit to Congress a notification for each
cybersecurity program in operation on such date that
includes the documentation referred to in subparagraphs
(A) through (F) of paragraph (2).
(B) New programs.--Not later than 30 days after the
date of the commencement of operations of a new
cybersecurity program, the President shall submit to
Congress a notification of such commencement that
includes the documentation referred to in subparagraphs
(A) through (F) of paragraph (2).
(2) Documentation.--A notification required by paragraph (1)
for a cybersecurity program shall include--
(A) the legal basis for the cybersecurity program;
(B) <<NOTE: Certification.>> the certification, if
any, made pursuant to section 2511(2)(a)(ii)(B) of title
18, United States Code, or other statutory certification
of legality for the cybersecurity program;
(C) the concept for the operation of the
cybersecurity program that is approved by the head of
the appropriate department or agency of the United
States;
(D) the assessment, if any, of the privacy impact of
the cybersecurity program prepared by the privacy or
civil liberties protection officer or comparable officer
of such department or agency;
(E) the plan, if any, for independent audit or
review of the cybersecurity program to be carried out by
the head of such department or agency, in conjunction
with the appropriate inspector general; and
(F) recommendations, if any, for legislation to
improve the capabilities of the United States Government
to protect the cybersecurity of the United States.
[[Page 124 STAT. 2690]]
(b) Program Reports.--
(1) Requirement for reports.--The head of a department or
agency of the United States with responsibility for a
cybersecurity program for which a notification was submitted
under subsection (a), in consultation with the inspector general
for that department or agency, shall submit to Congress and the
President a report on such cybersecurity program that includes--
(A) the results of any audit or review of the
cybersecurity program carried out under the plan
referred to in subsection (a)(2)(E), if any; and
(B) an assessment of whether the implementation of
the cybersecurity program--
(i) is in compliance with--
(I) the legal basis referred to in
subsection (a)(2)(A); and
(II) an assessment referred to in
subsection (a)(2)(D), if any;
(ii) is adequately described by the concept of
operation referred to in subsection (a)(2)(C); and
(iii) includes an adequate independent audit
or review system and whether improvements to such
independent audit or review system are necessary.
(2) Schedule for submission of reports.--
(A) Existing programs.--Not later than 180 days
after the date of the enactment of this Act, and
annually thereafter, the head of a department or agency
of the United States with responsibility for a
cybersecurity program for which a notification is
required to be submitted under subsection (a)(1)(A)
shall submit a report required under paragraph (1).
(B) New programs.--Not later than 120 days after the
date on which a certification is submitted under
subsection (a)(1)(B), and annually thereafter, the head
of a department or agency of the United States with
responsibility for the cybersecurity program for which
such certification is submitted shall submit a report
required under paragraph (1).
(3) Cooperation and coordination.--
(A) Cooperation.--The head of each department or
agency of the United States required to submit a report
under paragraph (1) for a particular cybersecurity
program, and the inspector general of each such
department or agency, shall, to the extent practicable,
work in conjunction with any other such head or
inspector general required to submit such a report for
such cybersecurity program.
(B) Coordination.--The heads of all of the
departments and agencies of the United States required
to submit a report under paragraph (1) for a particular
cybersecurity program shall designate one such head to
coordinate the conduct of the reports on such program.
(c) <<NOTE: Deadline.>> Information Sharing Report.--Not later than
one year after the date of the enactment of this Act, the Inspector
General of the Department of Homeland Security and the Inspector General
of the Intelligence Community shall jointly submit to Congress and the
President a report on the status of the sharing of cyber-threat
information, including--
[[Page 124 STAT. 2691]]
(1) a description of how cyber-threat intelligence
information, including classified information, is shared among
the agencies and departments of the United States and with
persons responsible for critical infrastructure;
(2) a description of the mechanisms by which classified
cyber-threat information is distributed;
(3) an assessment of the effectiveness of cyber-threat
information sharing and distribution; and
(4) any other matters identified by either Inspector General
that would help to fully inform Congress or the President
regarding the effectiveness and legality of cybersecurity
programs.
(d) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other
provision of law, the head of an element of the intelligence
community that is funded through the National Intelligence
Program may detail an officer or employee of such element to the
National Cyber Investigative Joint Task Force or to the
Department of Homeland Security to assist the Task Force or the
Department with cybersecurity, as jointly agreed by the head of
such element and the Task Force or the Department.
(2) Basis for detail.--A personnel detail made under
paragraph (1) may be made--
(A) for a period of not more than three years; and
(B) on a reimbursable or nonreimbursable basis.
(e) <<NOTE: Deadline.>> Additional Plan.--Not later than 180 days
after the date of the enactment of this Act, the Director of National
Intelligence shall submit to Congress a plan for recruiting, retaining,
and training a highly-qualified cybersecurity intelligence community
workforce to secure the networks of the intelligence community. Such
plan shall include--
(1) an assessment of the capabilities of the current
workforce;
(2) an examination of issues of recruiting, retention, and
the professional development of such workforce, including the
possibility of providing retention bonuses or other forms of
compensation;
(3) an assessment of the benefits of outreach and training
with both private industry and academic institutions with
respect to such workforce;
(4) an assessment of the impact of the establishment of the
Department of Defense Cyber Command on such workforce;
(5) an examination of best practices for making the
intelligence community workforce aware of cybersecurity best
practices and principles; and
(6) strategies for addressing such other matters as the
Director of National Intelligence considers necessary to the
cybersecurity of the intelligence community.
(f) Report on Guidelines and Legislation To Improve Cybersecurity of
the United States.--
(1) Initial.--Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Attorney General, the Director of the
National Security Agency, the White House Cybersecurity
Coordinator, and any other officials the Director of National
Intelligence considers appropriate, shall submit to Congress
[[Page 124 STAT. 2692]]
a report containing guidelines or legislative recommendations,
if appropriate, to improve the capabilities of the intelligence
community and law enforcement agencies to protect the
cybersecurity of the United States. Such report shall include
guidelines or legislative recommendations on--
(A) improving the ability of the intelligence
community to detect hostile actions and attribute
attacks to specific parties;
(B) the need for data retention requirements to
assist the intelligence community and law enforcement
agencies;
(C) improving the ability of the intelligence
community to anticipate nontraditional targets of
foreign intelligence services; and
(D) the adequacy of existing criminal statutes to
successfully deter cyber attacks, including statutes
criminalizing the facilitation of criminal acts, the
scope of laws for which a cyber crime constitutes a
predicate offense, trespassing statutes, data breach
notification requirements, and victim restitution
statutes.
(2) <<NOTE: Deadline.>> Subsequent.--Not later than one
year after the date on which the initial report is submitted
under paragraph (1), and annually thereafter for two years, the
Director of National Intelligence, in consultation with the
Attorney General, the Director of the National Security Agency,
the White House Cybersecurity Coordinator, and any other
officials the Director of National Intelligence considers
appropriate, shall submit to Congress an update of the report
required under paragraph (1).
(g) Sunset.--The requirements and authorities of subsections (a)
through (e) shall terminate on December 31, 2013.
(h) Definitions.--In this section:
(1) Cybersecurity program.--The term ``cybersecurity
program'' means a class or collection of similar cybersecurity
operations of a department or agency of the United States that
involves personally identifiable data that is--
(A) screened by a cybersecurity system outside of
the department or agency of the United States that was
the intended recipient of the personally identifiable
data;
(B) transferred, for the purpose of cybersecurity,
outside the department or agency of the United States
that was the intended recipient of the personally
identifiable data; or
(C) transferred, for the purpose of cybersecurity,
to an element of the intelligence community.
(2) National cyber investigative joint task force.--The term
``National Cyber Investigative Joint Task Force'' means the
multiagency cyber investigation coordination organization
overseen by the Director of the Federal Bureau of Investigation
known as the National Cyber Investigative Joint Task Force that
coordinates, integrates, and provides pertinent information
related to cybersecurity investigations.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section 1016
of the USA PATRIOT Act (42 U.S.C. 5195c).
[[Page 124 STAT. 2693]]
SEC. 337. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE
INTELLIGENCE COMMUNITY.
(a) Report.--Not later than one year after the date of the enactment
of this Act, and biennially thereafter for four years, the Director of
National Intelligence shall submit to the congressional intelligence
committees and the Committees on Armed Services of the House of
Representatives and the Senate a report on the proficiency in foreign
languages and, as appropriate, in foreign dialects, of each element of
the intelligence community, including--
(1) the number of positions authorized for such element that
require foreign language proficiency and a description of the
level of proficiency required;
(2) an estimate of the number of such positions that such
element will require during the five-year period beginning on
the date of the submission of the report;
(3) the number of positions authorized for such element that
require foreign language proficiency that are filled by--
(A) military personnel; and
(B) civilian personnel;
(4) the number of applicants for positions in such element
in the preceding fiscal year that indicated foreign language
proficiency, including the foreign language indicated and the
proficiency level;
(5) the number of persons hired by such element with foreign
language proficiency, including the foreign language and a
description of the proficiency level of such persons;
(6) the number of personnel of such element currently
attending foreign language training, including the provider of
such training;
(7) a description of the efforts of such element to recruit,
hire, train, and retain personnel that are proficient in a
foreign language;
(8) an assessment of methods and models for basic, advanced,
and intensive foreign language training utilized by such
element;
(9) for each foreign language and, as appropriate, dialect
of a foreign language--
(A) the number of positions of such element that
require proficiency in the foreign language or dialect;
(B) the number of personnel of such element that are
serving in a position that requires proficiency in the
foreign language or dialect to perform the primary duty
of the position;
(C) the number of personnel of such element that are
serving in a position that does not require proficiency
in the foreign language or dialect to perform the
primary duty of the position;
(D) the number of personnel of such element rated at
each level of proficiency of the Interagency Language
Roundtable;
(E) whether the number of personnel at each level of
proficiency of the Interagency Language Roundtable meets
the requirements of such element;
(F) the number of personnel serving or hired to
serve as linguists for such element that are not
qualified as linguists under the standards of the
Interagency Language Roundtable;
[[Page 124 STAT. 2694]]
(G) the number of personnel hired to serve as
linguists for such element during the preceding calendar
year;
(H) the number of personnel serving as linguists
that discontinued serving such element during the
preceding calendar year;
(I) the percentage of work requiring linguistic
skills that is fulfilled by a foreign country,
international organization, or other foreign entity; and
(J) the percentage of work requiring linguistic
skills that is fulfilled by contractors;
(10) an assessment of the foreign language capacity and
capabilities of the intelligence community as a whole;
(11) an identification of any critical gaps in foreign
language proficiency with respect to such element and
recommendations for eliminating such gaps;
(12) recommendations, if any, for eliminating required
reports relating to foreign-language proficiency that the
Director of National Intelligence considers outdated or no
longer relevant; and
(13) an assessment of the feasibility of employing foreign
nationals lawfully present in the United States who have
previously worked as translators or interpreters for the Armed
Forces or another department or agency of the United States
Government in Iraq or Afghanistan to meet the critical language
needs of such element.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 338. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE
INTELLIGENCE COMMUNITY.
(a) Requirement for Report.--Not later than one year after the date
of the enactment of this Act, the Director of National Intelligence, in
coordination with the head of each element of the intelligence
community, shall submit to the congressional intelligence committees a
report on the plans of each such element to increase diversity within
the intelligence community.
(b) Content.--The report required by subsection (a) shall include
specific implementation plans to increase diversity within each element
of the intelligence community, including--
(1) specific implementation plans for each such element
designed to achieve the goals articulated in the strategic plan
of the Director of National Intelligence on equal employment
opportunity and diversity;
(2) specific plans and initiatives for each such element to
increase recruiting and hiring of diverse candidates;
(3) specific plans and initiatives for each such element to
improve retention of diverse Federal employees at the junior,
midgrade, senior, and management levels;
(4) a description of specific diversity awareness training
and education programs for senior officials and managers of each
such element; and
(5) a description of performance metrics to measure the
success of carrying out the plans, initiatives, and programs
described in paragraphs (1) through (4).
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
[[Page 124 STAT. 2695]]
SEC. 339. REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirement for Report.--Not later than February 1, 2011, the
Director of National Intelligence shall submit to the congressional
intelligence committees and the Committees on Armed Services of the
House of Representatives and the Senate a report describing the use of
personal services contracts across the intelligence community, the
impact of the use of such contracts on the intelligence community
workforce, plans for conversion of contractor employment into United
States Government employment, and the accountability mechanisms that
govern the performance of such personal services contracts.
(b) Content.--
(1) In general.--The report submitted under subsection (a)
shall include--
(A) a description of any relevant regulations or
guidance issued by the Director of National Intelligence
or the head of an element of the intelligence community
and in effect as of February 1, 2011, relating to
minimum standards required regarding the hiring,
training, security clearance, and assignment of contract
personnel and how those standards may differ from those
for United States Government employees performing
substantially similar functions;
(B) an identification of contracts in effect during
the preceding fiscal year under which the contractor is
performing substantially similar functions to a United
States Government employee;
(C) an assessment of costs incurred or savings
achieved during the preceding fiscal year by awarding
contracts for the performance of such functions referred
to in subparagraph (B) instead of using full-time
employees of the elements of the intelligence community
to perform such functions;
(D) an assessment of the appropriateness of using
contractors to perform the activities described in
paragraph (2);
(E) an estimate of the number of contracts, and the
number of personnel working under such contracts,
related to the performance of activities described in
paragraph (2);
(F) a comparison of the compensation of contract
employees and United States Government employees
performing substantially similar functions during the
preceding fiscal year;
(G) an analysis of the attrition of United States
Government employees for contractor positions that
provide substantially similar functions during the
preceding fiscal year;
(H) a description of positions that have been or
will be converted from contractor employment to United
States Government employment during fiscal years 2011
and 2012;
(I) an analysis of the oversight and accountability
mechanisms applicable to personal services contracts
awarded for intelligence activities by each element of
the intelligence community during fiscal years 2009 and
2010;
[[Page 124 STAT. 2696]]
(J) an analysis of procedures in use in the
intelligence community as of February 1, 2011, for
conducting oversight of contractors to ensure
identification and prosecution of criminal violations,
financial waste, fraud, or other abuses committed by
contractors or contract personnel; and
(K) an identification of best practices for
oversight and accountability mechanisms applicable to
personal services contracts.
(2) Activities.--Activities described in this paragraph are
the following:
(A) Intelligence collection.
(B) Intelligence analysis.
(C) Covert actions, including rendition, detention,
and interrogation activities.
SEC. 340. STUDY ON ELECTRONIC WASTE DESTRUCTION PRACTICES OF THE
INTELLIGENCE COMMUNITY.
(a) Study.--The Inspector General of the Intelligence Community
shall conduct a study on the electronic waste destruction practices of
the intelligence community. Such study shall assess--
(1) the security of the electronic waste disposal practices
of the intelligence community, including the potential for
counterintelligence exploitation of destroyed, discarded, or
recycled materials;
(2) the environmental impact of such disposal practices; and
(3) methods to improve the security and environmental impact
of such disposal practices, including steps to prevent the
forensic exploitation of electronic waste.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a report containing
the results of the study conducted under subsection (a).
SEC. 341. REVIEW OF RECORDS RELATING TO POTENTIAL HEALTH RISKS
AMONG DESERT STORM VETERANS.
(a) Review.--The Director of the Central Intelligence Agency shall
conduct a classification review of the records of the Agency that are
relevant to the known or potential health effects suffered by veterans
of Operation Desert Storm as described in the November 2008, report by
the Department of Veterans Affairs Research Advisory Committee on Gulf
War Veterans' Illnesses.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Director of the Central Intelligence Agency shall
submit to Congress the results of the classification review conducted
under subsection (a), including the total number of records of the
Agency that are relevant.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 342. REVIEW OF FEDERAL BUREAU OF INVESTIGATION EXERCISE OF
ENFORCEMENT JURISDICTION IN FOREIGN
NATIONS.
<<NOTE: Deadline.>> Not later than 120 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation, in consultation with the Secretary of State, shall submit
to Congress a review of constraints under international law and the laws
of foreign nations to the assertion of enforcement jurisdiction with
[[Page 124 STAT. 2697]]
respect to criminal investigations of terrorism offenses under the laws
of the United States conducted by agents of the Federal Bureau of
Investigation in foreign nations and using funds made available for the
National Intelligence Program, including constraints identified in
section 432 of the Restatement (Third) of the Foreign Relations Law of
the United States.
SEC. 343. PUBLIC RELEASE OF INFORMATION ON PROCEDURES USED IN
NARCOTICS AIRBRIDGE DENIAL PROGRAM IN
PERU.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Central Intelligence Agency shall make publicly
available an unclassified version of the report of the Inspector General
of the Central Intelligence Agency entitled ``Procedures Used in
Narcotics Airbridge Denial Program in Peru, 1995-2001'', dated August
25, 2008.
SEC. 344. REPORT ON THREAT FROM DIRTY BOMBS.
<<NOTE: Deadline. Public information.>> Not later than 180 days
after the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Nuclear Regulatory Commission,
shall submit to Congress a report summarizing intelligence related to
the threat to the United States from weapons that use radiological
materials, including highly dispersible substances such as cesium-137.
SEC. 345. REPORT ON CREATION OF SPACE INTELLIGENCE OFFICE.
Not later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress a report
on the feasibility and advisability of creating a national space
intelligence office to manage space-related intelligence assets and
access to such assets.
SEC. 346. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE DEVICE ON
NORTHWEST AIRLINES FLIGHT 253.
Not later than 180 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress a report
on the attempt to detonate an explosive device aboard Northwest Airlines
flight number 253 on December 25, 2009. Such report shall describe the
failures, if any, to share or analyze intelligence or other information
and the measures that the intelligence community has taken or will take
to prevent such failures, including--
(1) a description of the roles and responsibilities of the
counterterrorism analytic components of the intelligence
community in synchronizing, correlating, and analyzing all
sources of intelligence related to terrorism;
(2) an assessment of the technological capabilities of the
United States Government to assess terrorist threats,
including--
(A) a list of all databases used by counterterrorism
analysts;
(B) a description of the steps taken by the
intelligence community to integrate all relevant
terrorist databases and allow for cross-database
searches;
(C) a description of the steps taken by the
intelligence community to correlate biographic
information with terrorism-related intelligence; and
[[Page 124 STAT. 2698]]
(D) a description of the improvements to information
technology needed to enable the United States Government
to better share information;
(3) any recommendations that the Director considers
appropriate for legislation to improve the sharing of
intelligence or information relating to terrorists;
(4) a description of the steps taken by the intelligence
community to train analysts on watchlisting processes and
procedures;
(5) a description of the manner in which watchlisting
information is entered, reviewed, searched, analyzed, and acted
upon by the relevant elements of the United States Government;
(6) a description of the steps the intelligence community is
taking to enhance the rigor and raise the standard of tradecraft
of intelligence analysis related to uncovering and preventing
terrorist plots;
(7) a description of the processes and procedures by which
the intelligence community prioritizes terrorism threat leads
and the standards used by elements of the intelligence community
to determine if follow-up action is appropriate;
(8) a description of the steps taken to enhance record
information on possible terrorists in the Terrorist Identities
Datamart Environment;
(9) an assessment of how to meet the challenge associated
with exploiting the ever-increasing volume of information
available to the intelligence community; and
(10) a description of the steps the intelligence community
has taken or will take to respond to any findings and
recommendations of the congressional intelligence committees,
with respect to any such failures, that have been transmitted to
the Director of National Intelligence.
SEC. 347. REPEAL OR MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS.
(a) Annual Report on Intelligence.--Section 109 of the National
Security Act of 1947 (50 U.S.C. 404d) is repealed.
(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 Progress in Auditable Financial Statements.--
Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-1) is
repealed.
(d) Report on Financial Intelligence on Terrorist Assets.--Section
118 of the National Security Act of 1947 (50 U.S.C. 404m) is amended--
(1) in the heading, by striking ``semiannual'' and inserting
``annual'';
(2) in subsection (a)--
(A) in the heading, by striking ``Semiannual'' and
inserting ``Annual'';
(B) in the matter preceding paragraph (1)--
(i) by striking ``semiannual basis'' and
inserting ``annual basis''; and
[[Page 124 STAT. 2699]]
(ii) by striking ``preceding six-month
period'' and inserting ``preceding one-year
period'';
(C) by striking paragraph (2); and
(D) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``the Committee
on Armed Services,'' after ``the Committee on
Appropriations,''; and
(B) in paragraph (2), by inserting ``the Committee
on Armed Services,'' after ``the Committee on
Appropriations,''.
(e) 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).
(f) 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.
(g) <<NOTE: Repeal.>> Annual Report on Counterdrug Intelligence
Matters.--Section 826 of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 21 U.S.C. 873 note) is repealed.
(h) Biennial Report on Foreign Industrial Espionage.--Subsection (b)
of section 809 of the Intelligence Authorization Act for Fiscal Year
1995 (50 U.S.C. App. 2170b) is amended--
(1) in the heading, by striking ``Annual Update'' and
inserting ``Biennial Report'';
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraph:
``(1) <<NOTE: Deadlines. President. Reports.>> Requirement
to submit.--Not later than February 1, 2011, and once every two
years thereafter, the President shall submit to the
congressional intelligence committees and congressional
leadership a report updating the information referred to in
subsection (a)(1)D).''; and
(3) by redesignating paragraph (3) as paragraph (2).
(i) Table of Contents Amendments.--
(1) National security act of 1947.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 332 of this Act, is further amended--
(A) by striking the item relating to section 109;
(B) by striking the item relating to section 114A;
and
(C) by striking the item relating to section 118 and
inserting the following new item:
``Sec. 118. Annual report on financial intelligence on terrorist
assets.''.
(2) Intelligence authorization act for fiscal year 2003.--
The table of contents in the first section of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116
Stat. 2383) is amended by striking the item relating to section
826.
[[Page 124 STAT. 2700]]
SEC. 348. <<NOTE: 50 USC 403-9.>> INFORMATION ACCESS BY THE
COMPTROLLER GENERAL OF THE UNITED STATES.
(a) DNI Directive Governing Access.--
(1) Requirement for directive.--The Director of National
Intelligence, in consultation with the Comptroller General of
the United States, shall issue a written directive governing the
access of the Comptroller General to information in the
possession of an element of the intelligence community.
(2) Amendment to directive.--The Director of National
Intelligence, in consultation with the Comptroller General, may
issue an amendment to the directive issued under paragraph (1)
at any time the Director determines such an amendment is
appropriate.
(3) Relationship to other laws.--The directive issued under
paragraph (1) and any amendment to such directive issued under
paragraph (2) shall be consistent with the provisions of--
(A) chapter 7 of title 31, United States Code; and
(B) the National Security Act of 1947 (50 U.S.C. 401
et seq.).
(b) Confidentiality of Information.--
(1) Requirement for confidentiality.--The Comptroller
General of the United States shall ensure that the level of
confidentiality of information made available to the Comptroller
General pursuant to the directive issued under subsection (a)(1)
or an amendment to such directive issued under subsection (a)(2)
is not less than the level of confidentiality of such
information required of the head of the element of the
intelligence community from which such information was obtained.
(2) Penalties for unauthorized disclosure.--An officer or
employee of the Government Accountability Office shall be
subject to the same statutory penalties for unauthorized
disclosure or use of such information as an officer or employee
of the element of the intelligence community from which such
information was obtained.
(c) Submission to Congress.--
(1) <<NOTE: Deadline.>> Submission of directive.--The
directive issued under subsection (a)(1) shall be submitted to
Congress by the Director of National Intelligence, together with
any comments of the Comptroller General of the United States, no
later than May 1, 2011.
(2) Submission of amendment.--Any amendment to such
directive issued under subsection (a)(2) shall be submitted to
Congress by the Director, together with any comments of the
Comptroller General.
(d) Effective Date.--The directive issued under subsection (a)(1)
and any amendment to such directive issued under subsection (a)(2) shall
take effect 60 days after the date such directive or amendment is
submitted to Congress under subsection (c), unless the Director
determines that for reasons of national security the directive or
amendment should take effect sooner.
SEC. 349. CONFORMING AMENDMENTS FOR REPORT SUBMISSION DATES.
Section 507 of the National Security Act of 1947 (50 U.S.C. 415b) is
amended--
(1) in subsection (a)--
[[Page 124 STAT. 2701]]
(A) in paragraph (1)--
(i) by striking subparagraphs (A), (B), and
(G);
(ii) by redesignating subparagraphs (C), (D),
(E), (F), (H), (I), and (N) as subparagraphs (A),
(B), (C), (D), (E), (F), and (G), respectively;
and
(iii) by adding at the end the following new
subparagraphs:
``(H) The annual report on outside employment of employees
of elements of the intelligence community required by section
102A(u)(2).
``(I) The annual report on financial intelligence on
terrorist assets required by section 118.''; and
(B) in paragraph (2), by striking subparagraphs (C)
and (D); and
(2) in subsection (b), by striking paragraph (6).
Subtitle E--Other Matters
SEC. 361. EXTENSION 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 subparagraph (A) or (C) of paragraph (2) or in
subparagraph (A) or (C) of paragraph (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) <<NOTE: Records.>> 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 who shall keep a
record of such information.
``(C) In this paragraph, the term `intelligence community' has the
meaning given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).''.
SEC. 362. 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. 363. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION.
(a) Increase in Penalties for Disclosure of Undercover Intelligence
Officers and Agents.--
(1) 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''.
(2) Disclosure of agent after access to classified
information.--Subsection (b) of such section is amended by
striking ``five years'' and inserting ``10 years''.
[[Page 124 STAT. 2702]]
(b) Modifications to Annual Report on Protection of Intelligence
Identities.--The first sentence of section 603(a) of the National
Security Act of 1947 (50 U.S.C. 423(a)) is amended by inserting
``including an assessment of the need, if any, for modification of this
title for the purpose of improving legal protections for covert
agents,'' after ``measures to protect the identities of covert
agents,''.
SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET.
Section 601 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (50 U.S.C. 415c) is amended to read as follows:
``SEC. 601. <<NOTE: 50 USC 415c.>> AVAILABILITY TO PUBLIC OF
CERTAIN INTELLIGENCE FUNDING INFORMATION.
``(a) <<NOTE: President.>> Budget Request.--At the time that the
President submits to Congress the budget for a fiscal year pursuant to
section 1105 of title 31, United States Code, the President shall
disclose to the public the aggregate amount of appropriations requested
for that fiscal year for the National Intelligence Program.
``(b) Amounts Appropriated Each Fiscal Year.--Not later than 30 days
after the end of each fiscal year, the Director of National Intelligence
shall disclose to the public the aggregate amount of funds appropriated
by Congress for the National Intelligence Program for such fiscal year.
``(c) Waiver.--
``(1) In general.--The President may waive or postpone the
disclosure required by subsection (a) or (b) for a fiscal year
by submitting to the Select Committee on Intelligence of the
Senate and Permanent Select Committee on Intelligence of the
House of Representatives--
``(A) a statement, in unclassified form, that the
disclosure required in subsection (a) or (b) for that
fiscal year would damage national security; and
``(B) a statement detailing the reasons for the
waiver or postponement, which may be submitted in
classified form.
``(2) <<NOTE: President.>> Submission dates.--The President
shall submit the statements required under paragraph (1)--
``(A) in the case of a waiver or postponement of a
disclosure required under subsection (a), at the time of
the submission of the budget for the fiscal year for
which such disclosure is waived or postponed; and
``(B) in the case of a waiver or postponement of a
disclosure required under subsection (b), not later than
30 days after the date of the end of the fiscal year for
which such disclosure is waived or postponed.
``(d) Definition.--As used in this section, the term `National
Intelligence Program' has the meaning given the term in section 3(6) of
the National Security Act of 1947 (50 U.S.C. 401a(6)).''.
SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC INTEREST
DECLASSIFICATION BOARD.
Paragraph (5) of section 703(b) of the Public Interest
Declassification Act of 2000 (50 U.S.C. 435 note) is amended--
(1) by striking ``jurisdiction,'' and inserting
``jurisdiction or by a member of the committee of
jurisdiction,''; and
[[Page 124 STAT. 2703]]
(2) by inserting ``, to evaluate the proper classification
of certain records,'' after ``certain records''.
SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPERATIONS TO COLLECT
FOREIGN INTELLIGENCE OR
COUNTERINTELLIGENCE.
Paragraph (1) of section 102(b) of the Department of Justice and
Related Agencies Appropriations Act, 1993 (Public Law 102-395; 28 U.S.C.
533 note) is amended in the flush text following subparagraph (D) by
striking ``(or, if designated by the Director, the Assistant Director,
Intelligence Division) and the Attorney General (or, if designated by
the Attorney General, the Assistant Attorney General for National
Security)'' and inserting ``(or a designee of the Director who is in a
position not lower than Deputy Assistant Director in the National
Security Branch or a similar successor position) and the Attorney
General (or a designee of the Attorney General who is in the National
Security Division in a position not lower than Deputy Assistant Attorney
General or a similar successor position)''.
SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY.
(a) Reports Relating to Security Clearances.--
(1) Quadrennial audit; security clearance determinations.--
(A) In general.--Title V of the National Security
Act of 1947 (50 U.S.C. 413 et seq.), as amended by
section 325 of this Act, is further amended by inserting
after section 506G, as added by section 325(a), the
following new section:
``reports on security clearances
``Sec. 506H. <<NOTE: President. 50 USC 415a-10.>> (a) Quadrennial
Audit of Position Requirements.--(1) The President shall every four
years conduct an audit of the manner in which the executive branch
determines whether a security clearance is required for a particular
position in the United States Government.
``(2) Not later than 30 days after the completion of an audit
conducted under paragraph (1), the President shall submit to Congress
the results of such audit.
``(b) Report on Security Clearance Determinations.--(1) Not later
than February 1 of each year, the President shall submit to Congress a
report on the security clearance process. Such report shall include, for
each security clearance level--
``(A) the number of employees of the United States
Government who--
``(i) held a security clearance at such level as of
October 1 of the preceding year; and
``(ii) were approved for a security clearance at
such level during the preceding fiscal year;
``(B) the number of contractors to the United States
Government who--
``(i) held a security clearance at such level as of
October 1 of the preceding year; and
``(ii) were approved for a security clearance at
such level during the preceding fiscal year; and
``(C) for each element of the intelligence community--
[[Page 124 STAT. 2704]]
``(i) the total amount of time it took to process
the security clearance determination for such level
that--
``(I) was among the 80 percent of security
clearance determinations made during the preceding
fiscal year that took the shortest amount of time
to complete; and
``(II) took the longest amount of time to
complete;
``(ii) the total amount of time it took to process
the security clearance determination for such level
that--
``(I) was among the 90 percent of security
clearance determinations made during the preceding
fiscal year that took the shortest amount of time
to complete; and
``(II) took the longest amount of time to
complete;
``(iii) the number of pending security clearance
investigations for such level as of October 1 of the
preceding year that have remained pending for--
``(I) 4 months or less;
``(II) between 4 months and 8 months;
``(III) between 8 months and one year; and
``(IV) more than one year;
``(iv) the percentage of reviews during the
preceding fiscal year that resulted in a denial or
revocation of a security clearance;
``(v) the percentage of investigations during the
preceding fiscal year that resulted in incomplete
information;
``(vi) the percentage of investigations during the
preceding fiscal year that did not result in enough
information to make a decision on potentially adverse
information; and
``(vii) for security clearance determinations
completed or pending during the preceding fiscal year
that have taken longer than one year to complete--
``(I) the number of security clearance
determinations for positions as employees of the
United States Government that required more than
one year to complete;
``(II) the number of security clearance
determinations for contractors that required more
than one year to complete;
``(III) the agencies that investigated and
adjudicated such determinations; and
``(IV) the cause of significant delays in such
determinations.
``(2) For purposes of paragraph (1), the President may consider--
``(A) security clearances at the level of confidential and
secret as one security clearance level; and
``(B) security clearances at the level of top secret or
higher as one security clearance level.
``(c) Form.--The results required under subsection (a)(2) and the
reports required under subsection (b)(1) shall be submitted in
unclassified form, but may include a classified annex.''.
(B) <<NOTE: 50 USC 415a-10 note.>> Initial audit.--
The first audit required to be conducted under section
506H(a)(1) of the National Security Act of 1947, as
added by subparagraph (A) of this paragraph, shall be
completed not later than February 1, 2011.
[[Page 124 STAT. 2705]]
(C) Table of contents amendment.--The table of
contents in the first section of such Act, as amended by
section 347(i) of this Act, is further amended by
inserting after the item relating to section 506G, as
added by section 325 of this Act, the following new
item:
``Sec. 506H. Reports on security clearances.''.
(2) Report on metrics for adjudication quality.--Not later
than 180 days after the date of the enactment of this Act, the
President shall submit to Congress a report on security
clearance investigations and adjudications. Such report shall
include--
(A) United States Government-wide adjudication
guidelines and metrics for adjudication quality;
(B) a plan to improve the professional development
of security clearance adjudicators;
(C) metrics to evaluate the effectiveness of
interagency clearance reciprocity;
(D) United States Government-wide investigation
standards and metrics for investigation quality; and
(E) the advisability, feasibility,
counterintelligence risk, and cost effectiveness of--
(i) by not later than January 1, 2012,
requiring the investigation and adjudication of
security clearances to be conducted by not more
than two Federal agencies; and
(ii) by not later than January 1, 2015,
requiring the investigation and adjudication of
security clearances to be conducted by not more
than one Federal agency.
(b) Security Clearance Reciprocity.--
(1) Audit.--The Inspector General of the Intelligence
Community shall conduct an audit of the reciprocity of security
clearances among the elements of the intelligence community.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence
committees a report containing the results of the audit
conducted under paragraph (1). Such report shall include an
assessment of the time required to obtain a reciprocal security
clearance for--
(A) an employee of an element of the intelligence
community detailed to another element of the
intelligence community;
(B) an employee of an element of the intelligence
community seeking permanent employment with another
element of the intelligence community; and
(C) a contractor seeking permanent employment with
an element of the intelligence community.
(3) Form.--The report required under paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 368. <<NOTE: 50 USC 404i-1 note.>> CORRECTING LONG-STANDING
MATERIAL WEAKNESSES.
(a) Definitions.--In this section:
[[Page 124 STAT. 2706]]
(1) Covered element of the intelligence community.--The term
``covered element of the intelligence community'' means--
(A) the Central Intelligence Agency;
(B) the Defense Intelligence Agency;
(C) the National Geospatial-Intelligence Agency;
(D) the National Reconnaissance Office; or
(E) the National Security Agency.
(2) Independent auditor.--The term ``independent auditor''
means an individual who--
(A)(i) is a Federal, State, or local government
auditor who meets the independence standards included in
generally accepted government auditing standards; or
(ii) is a public accountant who meets such
independence standards; and
(B) is designated as an auditor by the Director of
National Intelligence or the head of a covered element
of the intelligence community, as appropriate.
(3) Independent review.--The term ``independent review''
means an audit, attestation, or examination conducted by an
independent auditor in accordance with generally accepted
government auditing standards.
(4) Long-standing, correctable material weakness.--The term
``long-standing, correctable material weakness'' means a
material weakness--
(A) that was first reported in the annual financial
report of a covered element of the intelligence
community for a fiscal year prior to fiscal year 2007;
and
(B) the correction of which is not substantially
dependent on a business system that was not implemented
prior to the end of fiscal year 2010.
(5) Material weakness.--The term ``material weakness'' has
the meaning given that term under the Office of Management and
Budget Circular A-123, entitled ``Management's Responsibility
for Internal Control,'' revised December 21, 2004.
(6) Senior intelligence management official.--The term
``senior intelligence management official'' means an official
within a covered element of the intelligence community who is--
(A)(i) compensated under the Senior Intelligence
Service pay scale; or
(ii) the head of a covered element of the
intelligence community; and
(B) compensated for employment with funds
appropriated pursuant to an authorization of
appropriations in this Act.
(b) Identification of Senior Intelligence Management Officials.--
(1) <<NOTE: Deadline.>> Requirement to identify.--Not later
than 30 days after the date of the enactment of this Act, the
head of a covered element of the intelligence community shall
designate a senior intelligence management official of such
element to be responsible for correcting each long-standing,
correctable material weakness of such element.
(2) Head of a covered element of the intelligence
community.--The head of a covered element of the intelligence
[[Page 124 STAT. 2707]]
community may designate himself or herself as the senior
intelligence management official responsible for correcting a
long-standing, correctable material weakness under paragraph
(1).
(3) <<NOTE: Deadline.>> Requirement to update
designation.--If the head of a covered element of the
intelligence community determines that a senior intelligence
management official designated under paragraph (1) is no longer
responsible for correcting a long-standing, correctable material
weakness, the head of such element shall designate the successor
to such official not later than 10 days after the date of such
determination.
(c) <<NOTE: Deadline.>> Notification.--Not later than 10 days after
the date on which the head of a covered element of the intelligence
community has designated a senior intelligence management official
pursuant to paragraph (1) or (3) of subsection (b), the head of such
element shall provide written notification of such designation to the
Director of National Intelligence and to such senior intelligence
management official.
(d) Correction of Long-Standing, Material Weakness.--
(1) Determination of correction of deficiency.--If a long-
standing, correctable material weakness is corrected, the senior
intelligence management official who is responsible for
correcting such long-standing, correctable material weakness
shall make and issue a determination of the correction.
(2) Basis for determination.--The determination of the
senior intelligence management official under paragraph (1)
shall be based on the findings of an independent review.
(3) Notification and submission of findings.--A senior
intelligence management official who makes a determination under
paragraph (1) shall--
(A) notify the head of the appropriate covered
element of the intelligence community of such
determination at the time the determination is made; and
(B) <<NOTE: Deadline.>> ensure that the independent
auditor whose findings are the basis of a determination
under paragraph (1) submits to the head of the covered
element of the intelligence community and the Director
of National Intelligence the findings that such
determination is based on not later than 5 days after
the date on which such determination is made.
(e) <<NOTE: Notification. Deadline.>> Congressional Oversight.--The
head of a covered element of the intelligence community shall notify the
congressional intelligence committees not later than 30 days after the
date--
(1) on which a senior intelligence management official is
designated under paragraph (1) or (3) of subsection (b) and
notified under subsection (c); or
(2) of the correction of a long-standing, correctable
material weakness, as verified by an independent auditor under
subsection (d)(2).
SEC. 369. <<NOTE: Deadlines.>> INTELLIGENCE COMMUNITY FINANCIAL
IMPROVEMENT AND AUDIT READINESS.
Not later than 180 days after the date of the enactment of this Act,
the Director of National Intelligence shall--
(1) <<NOTE: Review.>> conduct a review of the status of the
auditability compliance of each element of the intelligence
community; and
[[Page 124 STAT. 2708]]
(2) <<NOTE: Plans.>> develop a plan and schedule to achieve
a full, unqualified audit of each element of the intelligence
community not later than September 30, 2013.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (f) of section 102A of the National Security Act of 1947
(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 may, if requested by a
congressional intelligence committee, conduct an accountability review
of an element of the intelligence community or the personnel of such
element in relation to a failure or deficiency within the intelligence
community.
``(B) <<NOTE: Guidelines. Procedures.>> The Director of National
Intelligence, in consultation with the Attorney General, shall establish
guidelines and procedures for conducting an accountability review under
subparagraph (A).
``(C)(i) The Director of National Intelligence shall provide the
findings of an accountability review conducted under subparagraph (A)
and the Director's recommendations for corrective or punitive action, if
any, to the head of the applicable element of the intelligence
community. Such recommendations may include a recommendation for
dismissal of personnel.
``(ii) <<NOTE: Notice.>> If the head of such element does not
implement a recommendation made by the Director under clause (i), the
head of such element shall submit to the congressional intelligence
committees a notice of the determination not to implement the
recommendation, including the reasons for the determination.
``(D) The requirements of this paragraph shall not be construed to
limit any authority of the Director of National Intelligence under
subsection (m) or with respect to supervision of the Central
Intelligence Agency.''.
SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.
(a) Authorities for Interagency Funding.--Section 102A(d)(2) of the
National Security Act of 1947 (50 U.S.C. 403-1(d)(2)) is amended by
striking ``Program to another such program.'' and inserting ``Program--
``(A) to another such program;
``(B) to other departments or agencies of the United States
Government for the development and fielding of systems of common
concern related to the collection, processing, analysis,
exploitation, and dissemination of intelligence information; or
[[Page 124 STAT. 2709]]
``(C) to a program funded by appropriations not within the
National Intelligence Program to address critical gaps in
intelligence information sharing or access capabilities.''.
(b) <<NOTE: 50 USC 403-1 note.>> 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(d)(2)
of the National Security Act of 1947 (50 U.S.C. 403-1(d)(2)), as amended
by subsection (a), and receive and utilize any system referred to in
such section that is made available to such department or agency.
SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (e) of section 103 of the National Security Act of 1947
(50 U.S.C. 403-3) is amended to read as follows:
``(e) Location of the Office of the Director of National
Intelligence.--The headquarters of the Office of the Director of
National Intelligence may be located in the Washington metropolitan
region, as that term is defined in section 8301 of title 40, United
States Code.''.
SEC. 404. TITLE AND APPOINTMENT 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)--
(A) by inserting ``of the Intelligence Community''
after ``Chief Information Officer''; and
(B) by striking ``President,'' and all that follows
and inserting ``President.'';
(2) by striking subsection (b) and redesignating subsections
(c) and (d) as subsections (b) and (c), respectively;
(3) in subsection (b) (as so redesignated), by inserting
``of the Intelligence Community'' after ``Chief Information
Officer''; and
(4) in subsection (c) (as so redesignated), by inserting
``of the Intelligence Community'' before ``may not''.
SEC. 405. 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 347 of this
Act, is further amended by inserting after section 103G the
following new section:
``inspector general of the intelligence community
``Sec. 103H. <<NOTE: 50 USC 403-3h.>> (a) Office of Inspector
General of the 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--
``(1) to create an objective and effective office,
appropriately accountable to Congress, to initiate and conduct
independent investigations, inspections, audits, and reviews on
programs
[[Page 124 STAT. 2710]]
and activities within the responsibility and authority of the
Director of National Intelligence;
``(2) to provide leadership and coordination and recommend
policies for activities designed--
``(A) to promote economy, efficiency, and
effectiveness in the administration and implementation
of such programs and activities; and
``(B) to prevent and detect fraud and abuse in such
programs and activities;
``(3) to provide a means for keeping the Director of
National Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to the
administration of programs and activities 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, to ensure
that the congressional intelligence committees are kept
similarly informed of--
``(A) significant problems and deficiencies relating
to programs and activities 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 the Intelligence Community.--
(1) <<NOTE: President.>> 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) on the basis of integrity, compliance with 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 investigations.
``(3) The Inspector General shall report directly to and be under
the general supervision of the Director of National Intelligence.
``(4) <<NOTE: President. Deadline.>> The Inspector General may be
removed from office only by the President. The President shall
communicate in writing to the congressional intelligence committees the
reasons for the removal not later than 30 days prior to the effective
date of such removal. Nothing in this paragraph shall be construed to
prohibit a personnel action otherwise authorized by law, other than
transfer or removal.
``(d) <<NOTE: Appointments.>> Assistant Inspectors General.--
Subject to the policies of the Director of National Intelligence, the
Inspector General of the Intelligence Community shall--
``(1) appoint an Assistant Inspector General for Audit who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and activities within
the responsibility and authority of the Director;
``(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for supervising
the
[[Page 124 STAT. 2711]]
performance of investigative activities relating to such
programs and activities; and
``(3) appoint other Assistant Inspectors General that, in
the judgment of the Inspector General, are necessary to carry
out the duties of the Inspector General.
``(e) Duties and Responsibilities.--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, audits, and reviews relating to programs and
activities within the responsibility and authority of the
Director of National Intelligence;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, fraud, and other serious problems, abuses, and
deficiencies relating to the programs and activities within the
responsibility and authority of the Director, to recommend
corrective action concerning such problems, and to report on the
progress made in implementing such 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.
``(f) 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, audit, or review if the Director determines
that such prohibition is necessary to protect vital national security
interests of the United States.
``(2) Not later than seven days after the date on which the Director
exercises the authority under paragraph (1), the Director shall submit
to the congressional intelligence committees an appropriately classified
statement of the reasons for the exercise of such authority.
``(3) The Director shall advise the Inspector General at the time a
statement 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 statement.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on the statement of which the
Inspector General has notice under paragraph (3) that the Inspector
General considers appropriate.
``(g) 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) <<NOTE: Investigations. Reports.>> The Inspector General
shall, subject to the limitations in subsection (f), make such
investigations and reports relating to the administration of the
programs and activities within the
[[Page 124 STAT. 2712]]
authorities and responsibilities of the Director as are, in the judgment
of the Inspector General, necessary or desirable.
``(B) The Inspector General shall have access to any employee, or
any employee of a contractor, of any element of the intelligence
community needed for the performance of the duties of the Inspector
General.
``(C) The Inspector General shall have direct access to all records,
reports, audits, reviews, documents, papers, recommendations, or other
materials that relate to the programs and activities with respect to
which the Inspector General has responsibilities under this section.
``(D) 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 (C).
``(E) The Director, or on the recommendation of the Director,
another appropriate official of the intelligence community, shall take
appropriate administrative actions against an employee, or an employee
of a contractor, of an element of the intelligence community that fails
to cooperate with the Inspector General. Such administrative action may
include loss of employment or the termination of an existing contractual
relationship.
``(3) The Inspector General is authorized to receive and
investigate, pursuant to subsection (h), complaints or information from
any person concerning the existence of an activity within the
authorities and responsibilities of the Director of National
Intelligence 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
intelligence community--
``(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 or disclosing such
information to the Inspector General 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 the 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 in any medium (including electronically
[[Page 124 STAT. 2713]]
stored information, as well as any tangible thing) 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 component of the Office of the Director of National
Intelligence or any 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.
``(6) The Inspector General may obtain services as authorized by
section 3109 of title 5, United States Code, at rates for individuals
not to exceed the daily equivalent of the maximum annual rate of basic
pay payable for grade GS-15 of the General Schedule under section 5332
of title 5, United States Code.
``(7) The Inspector General may, to the extent and in such amounts
as may be provided in appropriations, enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, and to make such payments as
may be necessary to carry out the provisions of this section.
``(h) Coordination Among Inspectors General.--(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, audit, or review by both the Inspector General of the
Intelligence Community and an inspector general with oversight
responsibility for an element of the intelligence community, the
Inspector General of the Intelligence Community and such other inspector
general shall expeditiously resolve the question of which inspector
general shall conduct such investigation, inspection, audit, or review
to avoid unnecessary duplication of the activities of the inspectors
general.
``(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
paragraph (2). In the event of a dispute between an inspector general
within a department or agency of the United States Government and the
Inspector General of the Intelligence Community that has not been
resolved with the assistance of such Forum, the inspectors general shall
submit the question to the Director of National Intelligence and the
head of the affected department or agency for resolution.
``(2)(A) <<NOTE: Establishment.>> 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 of the intelligence community.
``(B) The Inspector General of the Intelligence Community shall
serve as the Chair of the Forum established under subparagraph (A). 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
[[Page 124 STAT. 2714]]
jurisdiction or access to employees, employees of contract personnel,
records, audits, reviews, documents, recommendations, or other materials
that may involve or be of assistance to more than one of its members.
``(3) The inspector general conducting an investigation, inspection,
audit, or review covered by paragraph (1) shall submit the results of
such investigation, inspection, audit, or review to any other inspector
general, including the Inspector General of the Intelligence Community,
with jurisdiction to conduct such investigation, inspection, audit, or
review who did not conduct such investigation, inspection, audit, or
review.
``(i) Counsel to the Inspector General.--(1) The Inspector General
of the Intelligence Community shall--
``(A) <<NOTE: Appointment.>> appoint a Counsel to the
Inspector General who shall report to the Inspector General; or
``(B) obtain the services of a counsel appointed by and
directly reporting to another inspector general or the Council
of the Inspectors General on Integrity and Efficiency on a
reimbursable basis.
``(2) The counsel appointed or obtained under paragraph (1) shall
perform such functions as the Inspector General may prescribe.
``(j) Staff and Other Support.--(1) The Director of National
Intelligence shall provide the Inspector General of the Intelligence
Community 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, powers, and duties 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) Consistent with budgetary and personnel resources allocated by
the Director of National Intelligence, the Inspector General has final
approval of--
``(A) the selection of internal and external candidates for
employment with the Office of the Inspector General; and
``(B) all other personnel decisions concerning personnel
permanently assigned to the Office of the Inspector General,
including selection and appointment to the Senior Intelligence
Service, but excluding all security-based determinations that
are not within the authority of a head of a component of the
Office of the Director of National Intelligence.
``(4)(A) Subject to the concurrence of the Director of National
Intelligence, the Inspector General may request such information
[[Page 124 STAT. 2715]]
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, 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 and in coordination with that element's inspector general
pursuant to subsection (h), conduct, as authorized by this section, an
investigation, inspection, audit, or review 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.
``(k) 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 period
ending December 31 (of the preceding year) and June 30, respectively.
The Inspector General of the Intelligence Community shall provide any
portion of the report involving a component of a department of the
United States Government to the head of that department simultaneously
with submission of the report to the Director of National Intelligence.
``(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, audit, or review conducted during the period covered
by such report.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration of programs and
activities of the intelligence community within the
responsibility and authority of the Director of National
Intelligence, 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
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 of whether or not corrective 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 of 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 (g)(5) by the Inspector General
during the period covered by such report.
[[Page 124 STAT. 2716]]
``(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of programs and activities within the
responsibility and authority of the Director of National
Intelligence, and to detect and eliminate fraud and abuse in
such programs and activities.
``(C) Not later than 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. The Director shall transmit to the
committees of the Senate and of the House of Representatives with
jurisdiction over a department of the United States Government any
portion of the report involving a component of such department
simultaneously with submission of the report to the congressional
intelligence committees.
``(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
programs and activities 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 7 calendar days of
receipt of such report, together with such comments as the Director
considers appropriate. The Director shall transmit to the committees of
the Senate and of the House of Representatives with jurisdiction over a
department of the United States Government any portion of each report
under subparagraph (A) that involves a problem, abuse, or deficiency
related to a component of such department simultaneously with
transmission of the report to the congressional intelligence committees.
``(3)(A) In the event that--
``(i) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(ii) an investigation, inspection, audit, or review
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;
``(iii) 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 clause (ii);
``(iv) 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 clause (ii); or
[[Page 124 STAT. 2717]]
``(v) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection,
audit, or review,
the <<NOTE: Notification.>> Inspector General shall immediately notify,
and submit a report to, the congressional intelligence committees on
such matter.
``(B) The Inspector General shall submit to the committees of the
Senate and of the House of Representatives with jurisdiction over a
department of the United States Government any portion of each report
under subparagraph (A) that involves an investigation, inspection,
audit, or review carried out by the Inspector General focused on any
current or former official of a component of such department
simultaneously with submission of the report to the congressional
intelligence committees.
``(4) The Director shall submit to the congressional intelligence
committees any report or findings and recommendations of an
investigation, inspection, audit, or review 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 7 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 congressional 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 congressional
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
[[Page 124 STAT. 2718]]
this subparagraph does so in that member or employee's official capacity
as a member or employee of such committee.
``(E) <<NOTE: Notification.>> 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) <<NOTE: Definition.>> 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 within
the responsibility and authority of the Director of National
Intelligence 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 (g)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with this
paragraph.
``(H) Nothing in this section shall be construed to limit the
protections afforded to an employee under section 17(d) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) or section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.).
``(6) In accordance with section 535 of title 28, United States
Code, the Inspector General shall expeditiously 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. <<NOTE: Records.>> A copy of each such report shall be
furnished to the Director.
``(l) Construction of Duties Regarding Elements of Intelligence
Community.--Except as resolved pursuant to subsection (h), 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 affect the
duties and responsibilities of any other inspector general having duties
and responsibilities relating to such element.
``(m) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures 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 the Inspector General of the Intelligence Community.
``(n) Budget.--(1) For each fiscal year, the Inspector General of
the Intelligence Community shall transmit a budget estimate and request
to the Director of National Intelligence that specifies for such fiscal
year--
[[Page 124 STAT. 2719]]
``(A) the aggregate amount requested for the operations of
the Inspector General;
``(B) the amount requested for all training requirements of
the Inspector General, including a certification from the
Inspector General that the amount requested is sufficient to
fund all training requirements for the Office of the Inspector
General; and
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency, including a
justification for such amount.
``(2) In transmitting a proposed budget to the President for a
fiscal year, the Director of National Intelligence shall include for
such fiscal year--
``(A) the aggregate amount requested for the Inspector
General of the Intelligence Community;
``(B) the amount requested for Inspector General training;
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to such proposed budget.
``(3) The Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives for each fiscal year--
``(A) a separate statement of the budget estimate
transmitted pursuant to paragraph (1);
``(B) the amount requested by the Director for the Inspector
General pursuant to paragraph (2)(A);
``(C) the amount requested by the Director for the training
of personnel of the Office of the Inspector General pursuant to
paragraph (2)(B);
``(D) the amount requested by the Director for support for
the Council of the Inspectors General on Integrity and
Efficiency pursuant to paragraph (2)(C); and
``(E) the comments of the Inspector General under paragraph
(2)(D), if any, on the amounts requested pursuant to paragraph
(2), including whether such amounts would substantially inhibit
the Inspector General from performing the duties of the Office
of the Inspector General.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 347 of this Act, is further amended by
inserting after the item relating to section 103G the following
new item:
``Sec. 103H. Inspector General of the Intelligence Community.''.
(b) Pay of Inspector General.--Subparagraph (A) of section 4(a)(3)
of the Inspector General Reform Act of 2008 (Public Law 110-409; 5
U.S.C. App. note) is amended by inserting ``the Inspector General of the
Intelligence Community,'' after ``basic pay of''.
(c) <<NOTE: 50 USC 403-3h note.>> Construction.--Nothing in the
amendment made by subsection (a)(1) shall be construed to alter the
duties and responsibilities of the General Counsel of the Office of the
Director of National Intelligence.
(d) Repeal of Superseded Authority To Establish Position.--Section
8K of the Inspector General Act of 1978 (5 U.S.C. App.) shall be
repealed on the date that the President appoints,
[[Page 124 STAT. 2720]]
with the advice and consent of the Senate, the first individual to serve
as Inspector General for the Intelligence Community pursuant to section
103H of the National Security Act of 1947, as added by subsection (a),
and such individual assumes the duties of the Inspector General.
SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.), as amended by section 405 of this Act, is further
amended by inserting after section 103H, as added by section 405(a)(1),
the following new section:
``chief financial officer of the intelligence community
``Sec. 103I. <<NOTE: 50 USC 403-3i.>> (a) Chief Financial Officer
of the Intelligence Community.-- <<NOTE: Appointment.>> To assist the
Director of National Intelligence in carrying out the responsibilities
of the Director under this Act and other applicable provisions of law,
there is within the Office of the Director of National Intelligence a
Chief Financial Officer of the Intelligence Community who shall be
appointed by the Director.
``(b) Duties and Responsibilities.--Subject to the direction of the
Director of National Intelligence, the Chief Financial Officer of the
Intelligence Community shall--
``(1) serve as the principal advisor to the Director of
National Intelligence and the Principal Deputy Director of
National Intelligence on the management and allocation of
intelligence community budgetary resources;
``(2) participate in overseeing a comprehensive and
integrated strategic process for resource management within the
intelligence community;
``(3) ensure that the strategic plan of the Director of
National Intelligence--
``(A) is based on budgetary constraints as specified
in the Future Year Intelligence Plans and Long-term
Budget Projections required under section 506G; and
``(B) contains specific goals and objectives to
support a performance-based budget;
``(4) prior to the obligation or expenditure of funds for
the acquisition of any major system pursuant to a Milestone A or
Milestone B decision, receive verification from appropriate
authorities that the national requirements for meeting the
strategic plan of the Director have been established, and that
such requirements are prioritized based on budgetary constraints
as specified in the Future Year Intelligence Plans and the Long-
term Budget Projections for such major system required under
section 506G;
``(5) ensure that the collection architectures of the
Director are based on budgetary constraints as specified in the
Future Year Intelligence Plans and the Long-term Budget
Projections required under section 506G;
``(6) coordinate or approve representations made to Congress
by the intelligence community regarding National Intelligence
Program budgetary resources;
``(7) participate in key mission requirements, acquisitions,
or architectural boards formed within or by the Office of the
Director of National Intelligence; and
[[Page 124 STAT. 2721]]
``(8) perform such other duties as may be prescribed by the
Director of National Intelligence.
``(c) Other Law.--The Chief Financial Officer of the Intelligence
Community shall serve as the Chief Financial Officer of the intelligence
community and, to the extent applicable, shall have the duties,
responsibilities, and authorities specified in chapter 9 of title 31,
United States Code.
``(d) Prohibition on Simultaneous Service as Other Chief Financial
Officer.--An individual serving in the position of Chief Financial
Officer of the Intelligence Community may not, while so serving, serve
as the chief financial officer of any other department or agency, or
component thereof, of the United States Government.
``(e) Definitions.--In this section:
``(1) The term `major system' has the meaning given that
term in section 506A(e).
``(2) The term `Milestone A' has the meaning given that term
in section 506G(f).
``(3) The term `Milestone B' has the meaning given that term
in section 506C(e).''.
(b) Table of Contents Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by section
405(a), is further amended by inserting after the item relating to
section 103H, as added by section 405(a)(2), the following new item:
``Sec. 103I. Chief Financial Officer of the Intelligence Community.''.
SEC. 407. 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 ``Not later than 18 months after the date of
the enactment of the National Security Intelligence Reform Act
of 2004, the'' and inserting ``(1) The''; and
(2) by adding at the end the following new paragraphs:
``(2) <<NOTE: Appointment.>> 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) 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 (14); 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.
``(13) The Chief Financial Officer of the Intelligence
Community.''.
[[Page 124 STAT. 2722]]
SEC. 408. PROTECTION OF CERTAIN FILES OF 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. <<NOTE: 50 USC 432d.>> (a) Inapplicability of FOIA to
Exempted Operational Files Provided to ODNI.--(1) Subject to paragraph
(2), the provisions of section 552 of title 5, United States Code, that
require search, review, publication, or disclosure of a record shall not
apply to a record provided to the Office of the Director of National
Intelligence by an element of the intelligence community from the
exempted operational files of such element.
``(2) Paragraph (1) shall not apply with respect to a record of the
Office that--
``(A) contains information derived or disseminated from an
exempted operational file, unless such record is created by the
Office for the sole purpose of organizing such exempted
operational file for use by the Office;
``(B) is disseminated by the Office to a person other than
an officer, employee, or contractor of the Office; or
``(C) is no longer designated as an exempted operational
file in accordance with this title.
``(b) Effect of Providing Files to ODNI.--Notwithstanding any other
provision of this title, an exempted operational file that is provided
to the Office by an element of the intelligence community shall not be
subject to the provisions of section 552 of title 5, United States Code,
that require search, review, publication, or disclosure of a record
solely because such element provides such exempted operational file to
the Office.
``(c) Search and Review for Certain Purposes.--Notwithstanding
subsection (a) or (b), an exempted operational file 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 for
any impropriety or violation of law, Executive order, or
Presidential directive, in the conduct of an intelligence
activity by any of the following:
``(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.
[[Page 124 STAT. 2723]]
``(d) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of National Intelligence shall
review the exemptions in force under subsection (a) to determine whether
such exemptions may be removed from any category of exempted files or
any portion thereof.
``(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 the 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 2010 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) 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 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, 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)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Office may meet the burden of the Office
under section 552(a)(4)(B) of title 5, United States Code, by
demonstrating to the court by sworn written submission that
exempted files likely to contain responsive records are records
provided to the Office by an element of the intelligence
community from the exempted operational files of such element.
[[Page 124 STAT. 2724]]
``(ii) The court may not order the Office to review the
content of any exempted file 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.
``(D) In proceedings under subparagraph (C), a party 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 of the Federal Rules of
Civil Procedure.
``(E) If the court finds under this subsection that the
Office 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 each appropriate
exempted file 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 (commonly referred
to as the Freedom of Information Act), and such order shall be
the exclusive remedy for failure to comply with this section.
``(F) If at any time following the filing of a complaint
pursuant to this paragraph the Office agrees to search each
appropriate exempted file for the requested records, the court
shall dismiss the claim based upon such complaint.
``(g) Definitions.--In this section:
``(1) The term `exempted operational file' means a file of
an element of the intelligence community that, in accordance
with this title, is exempted from the provisions of section 552
of title 5, United States Code, that require search, review,
publication, or disclosure of such file.
``(2) Except as otherwise specifically provided, the term
`Office' means the Office of the Director of National
Intelligence.''.
(b) Table of Contents Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by section
406(b) of this Act, is further amended by inserting after the item
relating to section 705 the following new item:
``Sec. 706. Protection of certain files of the Office of the Director of
National Intelligence.''.
SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE INTELLIGENCE
COMMUNITY.
Section 1102 of the National Security Act of 1947 (50 U.S.C. 442a)
is amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by striking ``(1) In'' and inserting ``In''; and
(2) in subsection (c)--
(A) by striking paragraph (2); and
(B) by striking ``(1) The'' and inserting ``The''.
SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO
ADVISORY COMMITTEES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Section 4(b) of the Federal Advisory Committee Act
(5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or'';
[[Page 124 STAT. 2725]]
(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,
if the Director of National Intelligence determines that for
reasons of national security such advisory committee cannot
comply with the requirements of this Act.''.
(b) <<NOTE: 50 USC 405 note.>> Annual Report.--
(1) In general.--The Director of National Intelligence and
the Director of the Central Intelligence Agency shall each
submit to the congressional intelligence committees an annual
report on advisory committees created by each such Director.
Each report shall include--
(A) a description of each such advisory committee,
including the subject matter of the committee; and
(B) a list of members of each such advisory
committee.
(2) Report on reasons for odni exclusion of advisory
committee from faca.--Each report submitted by the Director of
National Intelligence in accordance with paragraph (1) shall
include the reasons for a determination by the Director under
section 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C.
App.), as added by subsection (a) of this section, that an
advisory committee cannot comply with the requirements of such
Act.
SEC. 411. 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. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF
THE NATIONAL COUNTERINTELLIGENCE
EXECUTIVE.
(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c) is
amended--
(1) by striking subsections (d), (h), (i), and (j);
(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.--Such section 904 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)''.
[[Page 124 STAT. 2726]]
SEC. 413. MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE NAME, INITIALS, OR SEAL.
(a) Prohibition.--Title XI of the National Security Act of 1947 (50
U.S.C. 442 et seq.) is amended by adding at the end the following new
section:
``misuse of the office of the director of national intelligence name,
initials, or seal
``Sec. 1103. <<NOTE: 50 USC 442b.>> (a) Prohibited Acts.--No person
may, except with the written permission of the Director of National
Intelligence, or a designee of the Director, knowingly use the words
`Office of the Director of National Intelligence', the initials `ODNI',
the seal of the Office of the Director of National Intelligence, or any
colorable imitation of such words, initials, or seal in connection with
any merchandise, impersonation, solicitation, or commercial activity in
a manner reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the Director of National
Intelligence.
``(b) Injunction.--Whenever it appears to the Attorney General that
any person is engaged or is about to engage in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a), the
Attorney General may initiate a civil proceeding in a district court of
the United States to enjoin such act or practice. Such court shall
proceed as soon as practicable to the hearing and determination of such
action and may, at any time before final determination, enter such
restraining orders or prohibitions, or take such other action as is
warranted, to prevent injury to the United States or to any person or
class of persons for whose protection the action is brought.''.
(b) Table of Contents Amendment.--The table of contents in the first
section of such Act, as amended by section 408 of this Act, is further
amended by inserting after the item relating to section 1102 the
following new item:
``Sec. 1103. Misuse of the Office of the Director of National
Intelligence name, initials, or seal.''.
SEC. 414. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA CENTER
ENERGY EFFICIENCY REPORTS.
(a) Plan.--The Director of National Intelligence shall develop a
plan to implement the recommendations of the report submitted to
Congress under section 1 of the Act entitled ``An Act to study and
promote the use of energy efficient computer servers in the United
States'' (Public Law 109-431; 120 Stat. 2920) across the intelligence
community.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report containing the plan developed under subsection (a).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
[[Page 124 STAT. 2727]]
SEC. 415. <<NOTE: 50 USC app. 2401 note.>> DIRECTOR OF NATIONAL
INTELLIGENCE SUPPORT FOR REVIEWS OF
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS
AND EXPORT ADMINISTRATION REGULATIONS.
The Director of National Intelligence may provide support for any
review conducted by a department or agency of the United States
Government of the International Traffic in Arms Regulations or Export
Administration Regulations, including a review of technologies and goods
on the United States Munitions List and Commerce Control List that may
warrant controls that are different or additional to the controls such
technologies and goods are subject to at the time of such review.
Subtitle B--Central Intelligence Agency
SEC. 421. 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 striking ``and the protection'' and inserting ``the
protection''; and
(2) by inserting before the semicolon the following: ``, 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''.
SEC. 422. APPEALS FROM DECISIONS INVOLVING CONTRACTS OF THE
CENTRAL INTELLIGENCE AGENCY.
Section 8(d) of the Contract Disputes Act of 1978 (41 U.S.C. 607(d))
is amended by adding at the end ``Notwithstanding any other provision of
this section and any other provision of law, an appeal from a decision
of a contracting officer of the Central Intelligence Agency relative to
a contract made by that Agency may be filed with whichever of the Armed
Services Board of Contract Appeals or the Civilian Board of Contract
Appeals is specified by such contracting officer as the Board to which
such an appeal may be made and such Board shall have jurisdiction to
decide that appeal.''.
SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment and Duties of Deputy Director of the CIA.--Title I
of the National Security Act of 1947 (50 U.S.C. 402 et seq.), as amended
by section 406 of this Act, is further amended by inserting after
section 104A the following new section:
``deputy director of the central intelligence agency
``Sec. 104B. <<NOTE: 50 USC 403-4c. Appointment.>> (a) Deputy
Director of the Central Intelligence Agency.--There is a Deputy Director
of the Central Intelligence Agency who shall be appointed by the
President.
``(b) Duties.--The Deputy Director of the Central Intelligence
Agency shall--
``(1) assist the Director of the Central Intelligence Agency
in carrying out the duties and responsibilities of the Director
of the Central Intelligence Agency; and
[[Page 124 STAT. 2728]]
``(2) 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, act for
and exercise the powers of the Director of the Central
Intelligence Agency.''.
(b) Conforming Amendments.--
(1) Executive schedule iii.--Section 5314 of title 5, United
States Code, is amended by striking ``Deputy Directors of
Central Intelligence (2)'' and inserting ``Deputy Director of
the Central Intelligence Agency''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 414 of this Act, is further amended by
inserting after the item relating to section 104A the following
new item:
``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.
(c) <<NOTE: 50 USC 403-4c.>> Applicability.--The amendments made by
this section shall apply on the earlier of--
(1) the date of the appointment by the President of an
individual to serve as Deputy Director of the Central
Intelligence Agency pursuant to section 104B of the National
Security Act of 1947, as added by subsection (a), 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 until the individual appointed to the position of Deputy
Director of the Central Intelligence Agency assumes the duties
of such position; or
(2) the date of the cessation of the performance of the
duties of the 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. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COMMON CARRIER.
Subsection (b) of section 116 of the National Security Act of 1947
(50 U.S.C. 404k) is amended by striking the period at the end and
inserting ``, who may delegate such authority to other appropriate
officials of the Central Intelligence Agency.''.
SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE AGENCY.
(a) Appointment and Qualifications of the Inspector General.--
Paragraph (1) of section 17(b) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(b)) is amended by striking the second and third
sentences and inserting ``This appointment shall be made without regard
to political affiliation and shall be on the basis of integrity and
demonstrated ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigation. Such
appointment shall also be made on the basis of compliance with the
security standards of the Agency and prior experience in the field of
foreign intelligence.''.
(b) Removal of the Inspector General.--Paragraph (6) of section
17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(b))
is amended--
(1) by striking ``immediately''; and
(2) by striking the period at the end and inserting ``not
later than 30 days prior to the effective date of such removal.
[[Page 124 STAT. 2729]]
Nothing in this paragraph shall be construed to prohibit a
personnel action otherwise authorized by law, other than
transfer or removal.''.
(c) Application of Semiannual Reporting Requirements With Respect To
Review Reports.--Paragraph (1) of section 17(d) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) is amended in the
matter preceding subparagraph (A) by inserting ``review,'' after
``investigation,''.
(d) Protection Against Reprisals.--Subparagraph (B) of section
17(e)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(e)(3)) is amended by inserting ``or providing such information''
after ``making such complaint''.
(e) Inspector General Subpoena Power.--Subparagraph (A) of section
17(e)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(e)(5)) is amended by inserting ``in any medium (including
electronically stored information or any tangible thing)'' after ``other
data''.
(f) Other Administrative Authorities.--
(1) In general.--Subsection (e) of section 17 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q), as amended by
subsections (d) and (e) of this section, is further amended--
(A) by redesignating paragraph (8) as subparagraph
(9);
(B) in paragraph (9), as so redesignated--
(i) by striking ``Subject to the concurrence
of the Director, the'' and inserting ``The''; and
(ii) by adding at the end the following:
``Consistent with budgetary and personnel
resources allocated by the Director, the Inspector
General has final approval of--
``(A) the selection of internal and external
candidates for employment with the Office of Inspector
General; and
``(B) all other personnel decisions concerning
personnel permanently assigned to the Office of
Inspector General, including selection and appointment
to the Senior Intelligence Service, but excluding all
security-based determinations that are not within the
authority of a head of other Central Intelligence Agency
offices.''; and
(C) by inserting after paragraph (7) the following
new paragraph:
``(8)(A) The Inspector General shall--
``(i) <<NOTE: Appointment.>> appoint a Counsel to the
Inspector General who shall report to the Inspector General; or
``(ii) obtain the services of a counsel appointed by and
directly reporting to another Inspector General or the Council
of the Inspectors General on Integrity and Efficiency on a
reimbursable basis.
``(B) The counsel appointed or obtained under subparagraph (A) shall
perform such functions as the Inspector General may prescribe.''.
(2) <<NOTE: 50 USC 403q note.>> Construction.--Nothing in
the amendment made by paragraph (1)(C) shall be construed to
alter the duties and responsibilities of the General Counsel of
the Central Intelligence Agency.
[[Page 124 STAT. 2730]]
SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
Subsection (f) of section 17 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403q) is amended--
(1) by inserting ``(1)'' before ``Beginning''; and
(2) by adding at the end the following new paragraph:
``(2) For each fiscal year, the Inspector General shall transmit a
budget estimate and request through the Director to the Director of
National Intelligence that specifies for such fiscal year--
``(A) the aggregate amount requested for the operations of
the Inspector General;
``(B) the amount requested for all training requirements of
the Inspector General, including a certification from the
Inspector General that the amount requested is sufficient to
fund all training requirements for the Office; and
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency, including a
justification for such amount.
``(3) In transmitting a proposed budget to the President for a
fiscal year, the Director of National Intelligence shall include for
such fiscal year--
``(A) the aggregate amount requested for the Inspector
General of the Central Intelligence Agency;
``(B) the amount requested for Inspector General training;
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to such proposed budget.
``(4) The Director of National Intelligence shall submit to the
Committee on Appropriations and the Select Committee on Intelligence of
the Senate and the Committee on Appropriations and the Permanent Select
Committee on Intelligence of the House of Representatives for each
fiscal year--
``(A) a separate statement of the budget estimate
transmitted pursuant to paragraph (2);
``(B) the amount requested by the Director of National
Intelligence for the Inspector General pursuant to paragraph
(3)(A);
``(C) the amount requested by the Director of National
Intelligence for training of personnel of the Office of the
Inspector General pursuant to paragraph (3)(B);
``(D) the amount requested by the Director of National
Intelligence for support for the Council of the Inspectors
General on Integrity and Efficiency pursuant to paragraph
(3)(C); and
``(E) the comments of the Inspector General under paragraph
(3)(D), if any, on the amounts requested pursuant to paragraph
(3), including whether such amounts would substantially inhibit
the Inspector General from performing the duties of the
Office.''.
SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED VERSIONS OF CERTAIN
INTELLIGENCE PRODUCTS.
The Director of the Central Intelligence Agency shall make publicly
available an unclassified version of any memoranda or finished
intelligence products assessing the--
[[Page 124 STAT. 2731]]
(1) information gained from high-value detainee reporting;
and
(2) dated April 3, 2003, July 15, 2004, March 2, 2005, and
June 1, 2005.
Subtitle C--Defense Intelligence Components
SEC. 431. 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.) 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 Humanities,'';
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.) 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 such Act (5 U.S.C. App.) is amended--
(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 Secretary of Defense, in consultation with the Director
of National Intelligence, 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 Secretary determines that the prohibition is necessary to protect
vital national security interests of the United States.
``(B) If the Secretary exercises the authority under subparagraph
(A), the Secretary shall submit to the committees of Congress specified
in subparagraph (E) an appropriately classified statement of the reasons
for the exercise of such authority not later than 7 days after the
exercise of such authority.
``(C) <<NOTE: Notification.>> At the same time 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 Secretary 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 such inspector general with a copy of such statement. Such
inspector
[[Page 124 STAT. 2732]]
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. 432. 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 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
authority for the National Geospatial-Intelligence Agency to manage
tasking 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. 433. DIRECTOR OF COMPLIANCE OF THE 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. <<NOTE: Appointment.>> There is a Director of Compliance
of the National Security Agency, who shall be appointed by the Director
of the National Security Agency and who shall be responsible for the
programs of compliance over mission activities of the National Security
Agency.''.
Subtitle D--Other Elements
SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF THE INTELLIGENCE
COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) is amended--
[[Page 124 STAT. 2733]]
(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. AUTHORIZATION OF APPROPRIATIONS FOR COAST GUARD NATIONAL
TACTICAL INTEGRATION OFFICE.
Title 14, United States Code, is amended--
(1) <<NOTE: 14 USC 93.>> in paragraph (4) of section 93(a),
by striking ``function'' and inserting ``function, including
research, development, test, or evaluation related to
intelligence systems and capabilities,''; and
(2) in paragraph (4) of section 662, <<NOTE: 14 USC 662.>>
by inserting ``intelligence systems and capabilities or'' after
``related to''.
SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE FEDERAL BUREAU
OF INVESTIGATION.
Section 5759 of title 5, United States Code, is amended--
(1) in subsection (a)(2), by striking ``is transferred to a
different geographic area with a higher cost of living'' and
inserting ``is subject to a mobility agreement and is
transferred to a position in a different geographical area in
which there is a shortage of critical skills'';
(2) in subsection (b)(2), by striking the period at the end
and inserting ``, including requirements for a bonus recipient's
repayment of a bonus in circumstances determined by the Director
of the Federal Bureau of Investigation.'';
(3) in subsection (c), by striking ``basic pay.'' and
inserting ``annual rate of basic pay. The bonus may be paid in a
lump sum or installments linked to completion of periods of
service.''; and
(4) in subsection (d), by striking ``retention bonus'' and
inserting ``bonus paid under this section''.
SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL BUREAU OF
INVESTIGATION TO WAIVE MANDATORY
RETIREMENT PROVISIONS.
(a) Civil Service Retirement System.--Subsection (b) of section 8335
of title 5, United States Code, is amended--
(1) in the paragraph (2) enacted by section 112(a)(2) of the
Department of Justice Appropriations Act, 2005 (title I of
division B of Public Law 108-447; 118 Stat. 2868), by striking
``2009'' and inserting ``2011''; and
(2) by striking the paragraph (2) enacted by section
2005(a)(2) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3704).
(b) Federal Employees' Retirement System.--Subsection (b) of section
8425 of title 5, United States Code, is amended--
(1) in the paragraph (2) enacted by section 112(b)(2) of the
Department of Justice Appropriations Act, 2005 (title I of
division B of Public Law 108-447; 118 Stat. 2868), by striking
``2009'' and inserting ``2011''; and
(2) by striking the paragraph (2) enacted by section
2005(b)(2) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3704).
[[Page 124 STAT. 2734]]
SEC. 445. REPORT AND ASSESSMENTS ON TRANSFORMATION OF THE
INTELLIGENCE CAPABILITIES OF THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau of
Investigation, in consultation with the Director of National
Intelligence, shall submit to the congressional intelligence
committees, the Committee on the Judiciary of the Senate, and
the Committee on the Judiciary of the House of Representatives a
report describing--
(A) a long-term vision for the intelligence
capabilities of the National Security Branch of the
Bureau;
(B) a strategic plan for the National Security
Branch; and
(C) the progress made in advancing the capabilities
of the National Security Branch.
(2) Content.--The report required by paragraph (1) shall
include--
(A) a description of the direction, strategy, and
goals for improving the intelligence capabilities of the
National Security Branch;
(B) a description of the intelligence and national
security capabilities of the National Security Branch
that will be fully functional within the five-year
period beginning on the date on which the report is
submitted;
(C) a description--
(i) of the internal reforms that were carried
out at the National Security Branch during the
two-year period ending on the date on which the
report is submitted; and
(ii) of the manner in which such reforms have
advanced the capabilities of the National Security
Branch;
(D) an assessment of the effectiveness of the
National Security Branch in performing tasks that are
critical to the effective functioning of the National
Security Branch as an intelligence agency, including--
(i) human intelligence collection, both within
and outside the parameters of an existing case
file or ongoing investigation, in a manner that
protects civil liberties;
(ii) intelligence analysis, including the
ability of the National Security Branch to
produce, and provide policymakers with,
information on national security threats to the
United States;
(iii) management, including the ability of the
National Security Branch to manage and develop
human capital and implement an organizational
structure that supports the objectives and
strategies of the Branch;
(iv) integration of the National Security
Branch into the intelligence community, including
an ability to robustly share intelligence and
effectively communicate and operate with
appropriate Federal, State, local, and tribal
partners;
[[Page 124 STAT. 2735]]
(v) implementation of an infrastructure that
supports the national security and intelligence
missions of the National Security Branch,
including proper information technology and
facilities; and
(vi) reformation of the culture of the
National Security Branch, including the
integration by the Branch of intelligence analysts
and other professional staff into intelligence
collection operations and the success of the
National Security Branch in ensuring that
intelligence and threat information drive the
operations of the Branch;
(E) performance metrics and specific annual
timetables for advancing the performance of the tasks
referred to in clauses (i) through (vi) of subparagraph
(D) and a description of the activities being undertaken
to ensure that the performance of the National Security
Branch in carrying out such tasks improves; and
(F) an assessment of the effectiveness of the field
office supervisory term limit policy of the Federal
Bureau of Investigation that requires the mandatory
reassignment of a supervisor of the Bureau after a
specific term of years.
(b) Annual Assessments.--
(1) Requirement for assessments.--Not later than 180 days
after the date on which the report required by subsection (a)(1)
is submitted, and annually thereafter for five years, the
Director of National Intelligence, in consultation with the
Director of the Federal Bureau of Investigation, shall submit to
the congressional intelligence committees, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives an assessment of the performance of
the National Security Branch in carrying out the tasks referred
to in clauses (i) through (vi) of subsection (a)(2)(D) in
comparison to such performance during previous years.
(2) Considerations.--In conducting each assessment required
by paragraph (1), the Director of National Intelligence--
(A) shall use the performance metrics and specific
annual timetables for carrying out such tasks referred
to in subsection (a)(2)(E); and
(B) may request the assistance of any expert that
the Director considers appropriate, including an
inspector general of an appropriate department or
agency.
TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE
SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS
SERVICE PROGRAM OFFICE.
(a) Reorganization of the Diplomatic Telecommunications Service
Program Office.--
(1) In general.--Subtitle B of title III of the Intelligence
Authorization Act for Fiscal Year 2001 (Public Law 106-567;
[[Page 124 STAT. 2736]]
22 U.S.C. 7301 et seq.) <<NOTE: 22 USC 7301-7304.>> is amended
by striking sections 321, 322, 323, and 324, and inserting the
following new sections:
``SEC. 321. <<NOTE: 22 USC 7301.>> DIPLOMATIC TELECOMMUNICATIONS
SERVICE PROGRAM OFFICE.
``(a) Reorganization.--The Diplomatic Telecommunications Service
Program Office established pursuant to title V of Public Law 102-140
shall be reorganized in accordance with this subtitle.
``(b) Duties.--The duties of the DTS-PO include implementing a
program for the establishment and maintenance of a DTS Network capable
of providing multiple levels of service to meet the wide-ranging needs
of all United States Government departments and agencies operating from
diplomatic and consular facilities outside of the United States,
including national security needs for secure, reliable, and robust
communications capabilities.
``SEC. 322. <<NOTE: 22 USC 7302.>> ESTABLISHMENT OF THE DIPLOMATIC
TELECOMMUNICATIONS SERVICE GOVERNANCE
BOARD.
``(a) Governance Board.--
``(1) Establishment.--There is established the Diplomatic
Telecommunications Service Governance Board to direct and
oversee the activities and performance of the DTS-PO.
``(2) Executive agent.--
``(A) Designation.--The Director of the Office of
Management and Budget shall designate, from among the
departments and agencies of the United States Government
that use the DTS Network, a department or agency as the
DTS-PO Executive Agent.
``(B) Duties.--The Executive Agent designated under
subparagraph (A) shall--
``(i) nominate a Director of the DTS-PO for
approval by the Governance Board in accordance
with subsection (e); and
``(ii) perform such other duties as
established by the Governance Board in the
determination of written implementing arrangements
and other relevant and appropriate governance
processes and procedures under paragraph (3).
``(3) <<NOTE: Determination.>> Requirement for implementing
arrangements.--Subject to the requirements of this subtitle, the
Governance Board shall determine the written implementing
arrangements and other relevant and appropriate governance
processes and procedures to manage, oversee, resource, or
otherwise administer the DTS-PO.
``(b) Membership.--
``(1) Selection.--The Director of the Office of Management
and Budget shall designate from among the departments and
agencies that use the DTS Network--
``(A) four departments and agencies to each appoint
one voting member of the Governance Board from the
personnel of such departments and agencies; and
``(B) any other departments and agencies that the
Director considers appropriate to each appoint one
nonvoting member of the Governance Board from the
personnel of such departments and agencies.
``(2) Voting and nonvoting members.--The Governance Board
shall consist of voting members and nonvoting members as
follows:
[[Page 124 STAT. 2737]]
``(A) Voting members.--The voting members shall
consist of a Chair, who shall be designated by the
Director of the Office of Management and Budget, and the
four members appointed by departments and agencies
designated under paragraph (1)(A).
``(B) Nonvoting members.--The nonvoting members
shall consist of the members appointed by departments
and agencies designated under paragraph (1)(B) and shall
act in an advisory capacity.
``(c) Chair Duties and Authorities.--The Chair of the Governance
Board shall--
``(1) preside over all meetings and deliberations of the
Governance Board;
``(2) provide the Secretariat functions of the Governance
Board; and
``(3) propose bylaws governing the operation of the
Governance Board.
``(d) Quorum, Decisions, Meetings.--A quorum of the Governance Board
shall consist of the presence of the Chair and four voting members. The
decisions of the Governance Board shall require a majority of the voting
membership. The Chair shall convene a meeting of the Governance Board
not less than four times each year to carry out the functions of the
Governance Board. The Chair or any voting member may convene a meeting
of the Governance Board.
``(e) Governance Board Duties.--The Governance Board shall have the
following duties with respect to the DTS-PO:
``(1) To approve and monitor the plans, services,
priorities, policies, and pricing methodology of the DTS-PO for
bandwidth costs and projects carried out at the request of a
department or agency that uses the DTS Network.
``(2) To provide to the DTS-PO Executive Agent the
recommendation of the Governance Board with respect to the
approval, disapproval, or modification of each annual budget
request for the DTS-PO, prior to the submission of any such
request by the Executive Agent.
``(3) To review the performance of the DTS-PO against plans
approved under paragraph (1) and the management activities and
internal controls of the DTS-PO.
``(4) To require from the DTS-PO any plans, reports,
documents, and records the Governance Board considers necessary
to perform its oversight responsibilities.
``(5) To conduct and evaluate independent audits of the DTS-
PO.
``(6) To approve or disapprove the nomination of the
Director of the DTS-PO by the Executive Agent with a majority
vote of the Governance Board.
``(7) To recommend to the Executive Agent the replacement of
the Director of the DTS-PO with a majority vote of the
Governance Board.
``(f) National Security Interests.--The Governance Board shall
ensure that those enhancements of, and the provision of service for,
telecommunication capabilities that involve the national security
interests of the United States receive the highest prioritization.
[[Page 124 STAT. 2738]]
``SEC. 323. <<NOTE: 22 USC 7303.>> FUNDING OF THE DIPLOMATIC
TELECOMMUNICATIONS SERVICE.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for the operations,
maintenance, development, enhancement, modernization, and investment
costs of the DTS Network and the DTS-PO. Funds appropriated for
allocation to the DTS-PO shall remain available to the DTS-PO for a
period of two fiscal years.
``(b) Fees.--The DTS-PO shall charge a department or agency that
uses the DTS Network for only those bandwidth costs attributable to such
department or agency and for specific projects carried out at the
request of such department or agency, pursuant to the pricing
methodology for such bandwidth costs and such projects approved under
section 322(e)(1), for which amounts have not been appropriated for
allocation to the DTS-PO. The DTS-PO is authorized to directly receive
payments from departments or agencies that use the DTS Network and to
invoice such departments or agencies for the fees under this section
either in advance of, or upon or after, providing the bandwidth or
performing such projects. Such funds received from such departments or
agencies shall remain available to the DTS-PO for a period of two fiscal
years.
``SEC. 324. <<NOTE: 22 USC 7304.>> DEFINITIONS.
``In this subtitle:
``(1) DTS network.--The term `DTS Network' means the
worldwide telecommunications network supporting all United
States Government agencies and departments operating from
diplomatic and consular facilities outside of the United States.
``(2) DTS-PO.--The term `DTS-PO' means the Diplomatic
Telecommunications Service Program Office.
``(3) Governance board.--The term `Governance Board' means
the Diplomatic Telecommunications Service Governance Board
established under section 322(a)(1).''.
(2) Table of contents amendment.--The table of contents in
section 1(b) of the Intelligence Authorization Act for Fiscal
Year 2001 (Public Law 106-567; 114 Stat. 2831) is amended by
striking the items relating to sections 321, 322, 323, and 324
and inserting the following new items:
``Sec. 321. Diplomatic Telecommunications Service Program Office.
``Sec. 322. Establishment of the Diplomatic Telecommunications Service
Governance Board.
``Sec. 323. Funding of the Diplomatic Telecommunications Service.
``Sec. 324. Definitions.''.
(b) Conforming Amendments.--
(1) Repeal of suspension of reorganization.--
(A) Repeal.--The Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 22 U.S.C. 7301
note) is amended by striking section 311.
(B) Table of contents amendment.--The table of
contents in section 1 of such Act is amended by striking
the item relating to section 311.
(2) Repeal of reform.--
(A) Repeal.--The Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in
appendix G of
[[Page 124 STAT. 2739]]
that Act; 113 Stat. 1501A-405) is amended by striking
section 305. <<NOTE: 22 USC 7301 note.>>
(B) Table of contents amendment.--The table of
contents in section 2(b) of such Act is amended by
striking the item related to section 305.
(3) Repeal of reporting requirements.--Section 507(b) of the
National Security Act of 1947 (50 U.S.C. 415b(b)), as amended by
section 351 of this Act, is further amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
TITLE VI-- <<NOTE: Foreign Intelligence and Information Commission
Act.>> FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Foreign Intelligence and
Information Commission Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Foreign
Intelligence and Information Commission established in section
603(a).
(2) Foreign intelligence; intelligence.--The terms ``foreign
intelligence'' and ``intelligence'' have the meaning given those
terms in section 3 of the National Security Act of 1947 (50
U.S.C. 401a).
(3) Information.--The term ``information'' includes
information of relevance to the foreign policy of the United
States collected and conveyed through diplomatic reporting and
other reporting by personnel of the United States Government who
are not employed by an element of the intelligence community,
including public and open-source information.
SEC. 603. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.
(a) Establishment.--There is established in the legislative branch a
Foreign Intelligence and Information Commission.
(b) Purpose.--The purpose of the Commission is to evaluate systems
and processes at the strategic, interagency level and provide
recommendations accordingly, and not to seek to duplicate the functions
of the Director of National Intelligence.
(c) Functions.--The Commission shall--
(1) evaluate the current processes or systems for the
strategic integration of the intelligence community, including
the Open Source Center, and other elements of the United States
Government, including the Department of State, with regard to
the collection, reporting, and analysis of foreign intelligence
and information;
(2) provide recommendations to improve or develop such
processes or systems to integrate the intelligence community
with other elements of the United States Government, potentially
including the development of an interagency strategy that
identifies--
(A) the collection, reporting, and analysis
requirements of the United States Government;
[[Page 124 STAT. 2740]]
(B) the elements of the United States Government
best positioned to meet collection and reporting
requirements, with regard to missions, comparative
institutional advantages, and any other relevant
factors; and
(C) interagency budget and resource allocations
necessary to achieve such collection, reporting, and
analytical requirements;
(3) evaluate the extent to which current intelligence
collection, reporting, and analysis strategies are intended to
provide global coverage and anticipate future threats,
challenges, and crises;
(4) provide recommendations on how to incorporate into the
interagency strategy the means to anticipate future threats,
challenges, and crises, including by identifying and supporting
collection, reporting, and analytical capabilities that are
global in scope and directed at emerging, long-term, and
strategic targets;
(5) provide recommendations on strategies for sustaining
human and budgetary resources to effect the global collection
and reporting missions identified in the interagency strategy,
including the prepositioning of collection and reporting
capabilities;
(6) provide recommendations for developing, clarifying, and,
if necessary, bolstering current and future collection and
reporting roles and capabilities of elements of the United
States Government that are not elements of the intelligence
community deployed in foreign countries;
(7) provide recommendations related to the role of
individual country missions in contributing to the interagency
strategy;
(8) evaluate the extent to which the establishment of new
embassies and out-of-embassy posts are able to contribute to
expanded global coverage and increased collection and reporting
and provide recommendations related to the establishment of new
embassies and out-of-embassy posts;
(9) provide recommendations on executive or legislative
changes necessary to establish any new executive branch entity
or to expand the authorities of any existing executive branch
entity, as needed to improve the strategic integration referred
to in paragraph (1) and develop and oversee the implementation
of any interagency strategy;
(10) provide recommendations on processes for developing and
presenting to Congress budget requests for each relevant element
of the United States Government that reflect the allocations
identified in the interagency strategy and for congressional
oversight of the development and implementation of the strategy;
and
(11) provide recommendations on any institutional reforms
related to the collection and reporting roles of individual
elements of the United States Government outside the
intelligence community, as well as any budgetary, legislative,
or other changes needed to achieve such reforms.
SEC. 604. MEMBERS AND STAFF OF THE COMMISSION.
(a) Members of the Commission.--
(1) Appointment.--The Commission shall be composed of 10
members as follows:
[[Page 124 STAT. 2741]]
(A) Two members appointed by the majority leader of
the Senate.
(B) Two members appointed by the minority leader of
the Senate.
(C) Two members appointed by the Speaker of the
House of Representatives.
(D) Two members appointed by the minority leader of
the House of Representatives.
(E) One nonvoting member appointed by the Director
of National Intelligence.
(F) One nonvoting member appointed by the Secretary
of State.
(2) Selection.--
(A) In general.--Members of the Commission shall be
individuals who--
(i) are not officers or employees of the
United States Government or any State or local
government; and
(ii) have knowledge and experience--
(I) in foreign information and
intelligence collection, reporting, and
analysis, including clandestine
collection and classified analysis (such
as experience in the intelligence
community), diplomatic reporting and
analysis, and collection of public and
open-source information;
(II) in issues related to the
national security and foreign policy of
the United States gained by serving as a
senior official of the Department of
State, a member of the Foreign Service,
an employee or officer of an appropriate
department or agency of the United
States, or an independent organization
with expertise in the field of
international affairs; or
(III) with foreign policy decision-
making.
(B) Diversity of experience.--The individuals
appointed to the Commission should be selected with a
view to establishing diversity of experience with regard
to various geographic regions, functions, and issues.
(3) Consultation.--The Speaker and the minority leader of
the House of Representatives, the majority leader and the
minority leader of the Senate, the Director of National
Intelligence, and the Secretary of State shall consult among
themselves prior to the appointment of the members of the
Commission in order to achieve, to the maximum extent possible,
fair and equitable representation of various points of view with
respect to the matters to be considered by the Commission in
accordance with this title.
(4) Time of appointment.--The appointments under subsection
(a) shall be made--
(A) after the date on which funds are first
appropriated for the Commission pursuant to section 609;
and
(B) not later than 60 days after such date.
(5) Term of appointment.--Members shall be appointed for the
life of the Commission.
(6) Vacancies.--Any vacancy of the Commission shall not
affect the powers of the Commission and shall be filled in the
manner in which the original appointment was made.
[[Page 124 STAT. 2742]]
(7) Chair.--The voting members of the Commission shall
designate one of the voting members to serve as the chair of the
Commission.
(8) Quorum.--Five voting members of the Commission shall
constitute a quorum for purposes of transacting the business of
the Commission.
(9) Meetings.--The Commission shall meet at the call of the
chair and shall meet regularly, not less than once every 3
months, during the life of the Commission.
(b) Staff.--
(1) In general.--The chair of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and chapter 51
and subchapter III of chapter 53 of that title relating to
classification of positions and General Schedule pay rates,
appoint and terminate an executive director and, in consultation
with the executive director, appoint and terminate such other
additional personnel as may be necessary to enable the
Commission to perform its duties. In addition to the executive
director and one full-time support staff for the executive
director, there shall be additional staff with relevant
intelligence and foreign policy experience to support the work
of the Commission.
(2) Selection of the executive director.--The executive
director shall be selected with the approval of a majority of
the voting members of the Commission.
(3) Compensation.--
(A) Executive director.--The executive director
shall be compensated at the maximum annual rate payable
for an employee of a standing committee of the Senate
under section 105(e) of the Legislative Branch
Appropriations Act, 1968 (2 U.S.C. 61-1(e)), as adjusted
by any order of the President pro tempore of the Senate.
(B) Staff.--The chair of the Commission may fix the
compensation of other personnel of the Commission
without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay for such personnel
may not exceed the maximum annual rate payable for an
employee of a standing committee of the Senate under
section 105(e) of the Legislative Branch Appropriations
Act, 1968 (2 U.S.C. 61-1(e)), as adjusted by any order
of the President pro tempore of the Senate.
(c) Experts and Consultants.--The Commission is authorized to
procure temporary or intermittent services of experts and consultants as
necessary to the extent authorized by section 3109 of title 5, United
States Code, at rates for individuals not to exceed the daily equivalent
of the maximum annual rate of basic pay payable under section 5376 of
such title.
(d) Staff and Services of Other Agencies or Departments of the
United States.--Upon the request of the Commission, the head of a
department or agency of the United States may detail, on a reimbursable
or nonreimbursable basis, any of the personnel of that department or
agency to the Commission to assist the Commission in carrying out this
title. The detail of any such personnel shall be without interruption or
loss of civil service or Foreign Service status or privilege.
[[Page 124 STAT. 2743]]
(e) Security Clearance.--The appropriate departments or agencies of
the United States shall cooperate with the Commission in expeditiously
providing to the members and staff of the Commission appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements.
(f) Reports Under Ethics in Government Act of 1978.--Notwithstanding
any other provision of law, for purposes of title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.), each member and staff of the
Commission--
(1) shall be deemed to be an officer or employee of the
Congress (as defined in section 109(13) of such title); and
(2) shall file any report required to be filed by such
member or such staff (including by virtue of the application of
paragraph (1)) under title I of the Ethics in Government Act of
1978 (5 U.S.C. App.) with the Secretary of the Senate.
SEC. 605. POWERS AND DUTIES OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may hold such hearings,
sit and act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry out this
title.
(b) Information From Federal Agencies.--The Commission may secure
directly from any department or agency of the United States such
information as the Commission considers necessary to carry out this
title. Upon request of the chair of the Commission, the head of such
department or agency shall furnish such information to the Commission,
subject to applicable law.
(c) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as a department or
agency of the United States.
(d) Administrative Support.--The Administrator of the General
Services Administration shall provide to the Commission on a
reimbursable basis (or, in the discretion of the Administrator, on a
nonreimbursable basis) such administrative support services as the
Commission may request to carry out this title.
(e) Administrative Procedures.--The Commission may adopt such rules
and regulations, relating to administrative procedure, as may be
reasonably necessary to enable the Commission to carry out this title.
(f) Travel.--
(1) In general.--The members and staff of the Commission
may, with the approval of the Commission, conduct such travel as
is necessary to carry out this title.
(2) Expenses.--Members of the Commission shall serve without
pay but shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(g) Gifts.--No member or staff of the Commission may receive a gift
or benefit by reason of the service of such member or staff to the
Commission.
SEC. 606. REPORT OF THE COMMISSION.
(a) In General.--
(1) Interim report.--Not later than 300 days after the date
on which all members of the Commission are appointed
[[Page 124 STAT. 2744]]
under section 604(a), the Commission shall submit to the
congressional intelligence committees an interim report setting
forth the preliminary evaluations and recommendations of the
Commission described in section 603(c).
(2) Final report.--Not later than 60 days after the date of
the submission of the report required by paragraph (1), the
Commission shall submit a final report setting forth the final
evaluations and recommendations of the Commission described in
section 603(c) to each of the following:
(A) The President.
(B) The Director of National Intelligence.
(C) The Secretary of State.
(D) The congressional intelligence committees.
(E) The Committee on Foreign Relations of the
Senate.
(F) The Committee on Foreign Affairs of the House of
Representatives.
(b) Individual or Dissenting Views.--Each member of the Commission
may include that member's individual or dissenting views in a report
required by paragraph (1) or (2) of subsection (a).
(c) Form of Report.--The reports required by paragraphs (1) and (2)
of subsection (a), including any finding or recommendation of such
report, shall be submitted in unclassified form, but may include a
classified annex.
SEC. 607. TERMINATION.
(a) In General.--The Commission shall terminate on the date that is
60 days after the date of the submission of the report required by
section 606(a)(2).
(b) Transfer of Records.--Upon the termination of the Commission
under subsection (a), all records, files, documents, and other materials
in the possession, custody, or control of the Commission shall be
transferred to the Select Committee on Intelligence of the Senate and
deemed to be records of such Committee.
SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated such sums as
may be necessary to carry out this title.
(b) Availability.--Amounts made available to the Commission pursuant
to subsection (a) shall remain available until expended.
TITLE VII--OTHER MATTERS
SEC. 701. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS OF THE
UNITED STATES INTELLIGENCE COMMUNITY.
(a) Extension.--
(1) <<NOTE: Effective date. 50 USC 401 note.>> In
general.--Effective on the date on which funds are first
appropriated pursuant to subsection (b)(1) and subject to
paragraph (3), subsection (a) of section 1007 of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
[[Page 124 STAT. 2745]]
107-306; 50 U.S.C. 401 note) is amended by striking ``September
1, 2004,'' and inserting ``one year after the date on which all
members of the Commission are appointed pursuant to section
701(a)(3) of the Intelligence Authorization Act for Fiscal Year
2010,''.
(2) <<NOTE: 50 USC 401 note.>> Applicability of
amendment.--The amendment made by paragraph (1) shall take
effect as if included in the enactment of such section 1007.
(3) <<NOTE: 50 USC 401 note.>> Commission membership.--The
membership of the National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community established under subsection (a) of
section 1002 of such Act (Public Law 107-306; 50 U.S.C. 401
note) (referred to in this section as the ``Commission'') shall
be considered vacant and new members shall be appointed in
accordance with such section 1002, as amended by this section.
(4) <<NOTE: 50 USC 401 note.>> Clarification of duties.--
Section 1002(i) of such Act is amended in the matter preceding
paragraph (1) by striking ``including--'' and inserting
``including advanced research and development programs and
activities. Such review shall include--''.
(b) Funding.--
(1) In general.--There is authorized to be appropriated such
sums as may be necessary to carry out this section.
(2) Availability.--Amounts made available to the Commission
pursuant to paragraph (1) shall remain available until expended.
(3) Repeal of existing funding authority.--Section 1010 of
the Intelligence Authorization Act for Fiscal Year 2003 (Public
Law 107-306; 50 U.S.C. 401 note) is repealed.
(c) Technical Amendments.--
(1) Director of central intelligence.--The Intelligence
Authorization Act for Fiscal Year 2003 <<NOTE: 50 USC 401
note.>> (Public Law 107-306) is amended by striking ``Director
of Central Intelligence'' each place it appears and inserting
``Director of National Intelligence'' in the following
provisions:
(A) Section 1002(h)(2).
(B) Section 1003(d)(1).
(C) Section 1006(a)(1).
(D) Section 1006(b).
(E) Section 1007(a).
(F) Section 1008.
(2) Deputy director of central intelligence for community
management.--Paragraph (1) of section 1002(b) of such Act is
amended by striking ``The Deputy Director of Central
Intelligence for Community Management.'' and inserting ``The
Principal Deputy Director of National Intelligence.''.
SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH MATERIALS IN
THE POSSESSION OF THE CONGRESSIONAL
INTELLIGENCE COMMITTEES.
The Director of National Intelligence is authorized to conduct, at
the request of one of the congressional intelligence committees and in
accordance with procedures established by that committee, a
classification review of materials in the possession of that committee
that--
[[Page 124 STAT. 2746]]
(1) are not less than 25 years old; and
(2) were created, or provided to that committee, by an
entity in the executive branch.
TITLE VIII--TECHNICAL AMENDMENTS
SEC. 801. TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) is amended--
(1) in section 101-- <<NOTE: 50 USC 1801.>>
(A) in subsection (a), by moving paragraph (7) two
ems to the right; and
(B) by moving subsections (b) through (p) two ems to
the right;
(2) in section 103, <<NOTE: 50 USC 1803.>> by redesignating
subsection (i) as subsection (h);
(3) in section 109(a)-- <<NOTE: 50 USC 1809.>>
(A) in paragraph (1), by striking ``section 112.;''
and inserting ``section 112;''; and
(B) in paragraph (2), by striking the second period;
(4) in section 301(1), <<NOTE: 50 USC 1821.>> by striking
`` `United States' '' and all that follows through ``and `State'
'' and inserting `` `United States', `person', `weapon of mass
destruction', and `State' '';
(5) in section 304(b), <<NOTE: 50 USC 1824.>> by striking
``subsection (a)(3)'' and inserting ``subsection (a)(2)''; and
(6) in section 502(a), <<NOTE: 50 USC 1862.>> by striking
``a annual'' and inserting ``an annual''.
SEC. 802. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY
ACT OF 1949.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.)
is amended--
(1) in paragraph (1) of section 5(a), <<NOTE: 50 USC
403f.>> 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).''; and
(2) in section 17(d)(3)(B)-- <<NOTE: 50 USC 403q.>>
(A) in clause (i), by striking ``advise'' and
inserting ``advice''; and
(B) by amending clause (ii) to read as follows:
``(ii) holds or held the position in the Agency,
including such a position held on an acting basis, of--
``(I) Deputy Director;
``(II) Associate Deputy Director;
``(III) Director of the National Clandestine
Service;
``(IV) Director of Intelligence;
``(V) Director of Support; or
``(VI) Director of Science and Technology.''.
SEC. 803. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE.
Section 528(c) of title 10, United States Code, is amended--
[[Page 124 STAT. 2747]]
(1) in the heading, by striking ``Associate Director of CIA
for Military Affairs'' and inserting ``Associate Director of
Military Affairs, CIA''; and
(2) by striking ``Associate Director of the Central
Intelligence Agency for Military Affairs'' and inserting
``Associate Director of Military Affairs, Central Intelligence
Agency, or any successor position''.
SEC. 804. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF
1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended--
(1) in section 3(4)(L), <<NOTE: 50 USC 401a.>> by striking
``other'' the second place it appears;
(2) in section 102A-- <<NOTE: 50 USC 403-1.>>
(A) 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'';
(B) in subsection (d)--
(i) in paragraph (1)(B), by striking ``Joint
Military Intelligence Program'' and inserting
``Military Intelligence Program or any successor
program or programs'';
(ii) in paragraph (3) in the matter preceding
subparagraph (A), by striking ``subparagraph (A)''
and inserting ``paragraph (1)(A)''; and
(iii) in paragraph (5)--
(I) in subparagraph (A), by striking
``or personnel'' in the matter preceding
clause (i); and
(II) in subparagraph (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'';
(3) in section 103(b), <<NOTE: 50 USC 403-3.>> by striking
``, the National Security Act of 1947 (50 U.S.C. 401 et
seq.),'';
(4) in section 104A(g)(1) <<NOTE: 50 USC 403-4a.>> in the
matter preceding subparagraph (A), by striking ``Directorate of
Operations'' and inserting ``National Clandestine Service'';
(5) in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)'';
(6) in section 701(b)(1), <<NOTE: 50 USC 431.>> by striking
``Directorate of Operations'' and inserting ``National
Clandestine Service'';
(7) in section 705(e)(2)(D)(i) (50 U.S.C. 432c(e)(2)(D)(i)),
by striking ``responsible'' and inserting ``responsive''; and
(8) in section 1003(h)(2) <<NOTE: 50 USC 441g-2.>> in the
matter preceding subparagraph (A), by striking ``subsection
(i)(2)(B)'' and inserting ``subsection (g)(2)(B)''.
[[Page 124 STAT. 2748]]
SEC. 805. 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 heading, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of Director of National Intelligence.--Such
section 1403, as amended by subsection (a), 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) Future-Years Defense Program.--Subsection (c) of such section
1403, as amended by subsection (b), is further amended by striking
``multiyear defense program submitted pursuant to section 114a of title
10, United States Code'' and inserting ``future-years defense program
submitted pursuant to section 221 of title 10, United States Code''.
(d) Conforming Amendments.--
(1) In general.--The heading of such section 1403 is amended
to read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
(2) Table of contents amendment.--The table of contents in
section 2 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1485) is amended by
striking the item relating to section 1403 and inserting the
following new item:
``Sec. 1403. Multiyear National Intelligence Program.''.
SEC. 806. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) Amendments to the National Security Intelligence Reform Act of
2004.--The National Security Intelligence Reform Act of 2004 (title I of
Public Law 108-458; 118 Stat. 3643) is amended--
(1) in subparagraph (B) of section 1016(e)(10) (6 U.S.C.
485(e)(10)), by striking ``Attorney General'' the second place
it appears and inserting ``Department of Justice'';
(2) in subsection (e) of section 1071, <<NOTE: 50 USC 1802-
1805, 1822-1824, 1842.>> by striking ``(1)''; and
(3) in subsection (b) of <<NOTE: 50 USC 403g.>> section
1072, in the subsection heading by inserting ``Agency'' after
``Intelligence''.
(b) Other Amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638) is amended--
(1) in section 2001 (28 U.S.C. 532 note)--
(A) in paragraph (1) of subsection (c)--
(i) by striking ``shall,'' and inserting
``shall''; and
(ii) by inserting ``of'' before ``an
institutional culture'';
(B) in paragraph (2) of subsection (e), by striking
``the National Intelligence Director in a manner
consistent with
[[Page 124 STAT. 2749]]
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'';
and
(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. 807. 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 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. 808. TECHNICAL AMENDMENTS 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)),''.
SEC. 809. TECHNICAL AMENDMENTS TO SECTION 602 OF THE INTELLIGENCE
AUTHORIZATION ACT FOR FISCAL YEAR 1995.
Section 602 of the Intelligence Authorization Act for Fiscal Year
1995 (50 U.S.C. 403-2b) is amended--
(1) in subsection (a), in paragraph (2), by striking
``Director of Central Intelligence'' and inserting ``Director of
National Intelligence''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Director of
Central Intelligence'' and inserting ``Director of
National Intelligence'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``Director of Central Intelligence'' and inserting
``Director of National Intelligence''; and
(ii) in subparagraph (B), by striking
``Director of Central Intelligence'' and inserting
``Director of National Intelligence''; and
(C) in paragraph (3), by striking ``Director of
Central Intelligence'' and inserting ``Director of the
Central Intelligence Agency''.
[[Page 124 STAT. 2750]]
SEC. 810. TECHNICAL AMENDMENTS TO SECTION 403 OF THE INTELLIGENCE
AUTHORIZATION ACT, FISCAL YEAR 1992.
(a) Role of the Director of National Intelligence.--Section 403 of
the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 403-2)
is amended by striking ``The Director of Central Intelligence'' and
inserting the following:
``(a) In General.--The Director of National Intelligence''.
(b) Definition of Intelligence Community.--Section 403 of the
Intelligence Authorization Act, Fiscal Year 1992, as amended by
subsection (a), is further amended--
(1) by striking ``Intelligence Community'' and inserting
``intelligence community''; and
(2) by striking the second sentence and inserting the
following:
``(b) Intelligence Community Defined.--In this section, the term
`intelligence community' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
Approved October 7, 2010.
LEGISLATIVE HISTORY--H.R. 2701 (S. 1494) (S. 3611):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 111-186 (Permanent Select Comm. on Intelligence.
SENATE REPORTS: Nos. 111-55 and 111-223 (both from Select Comm. on
Intelligence) accompanying S. 1494 and S. 3611.
CONGRESSIONAL RECORD, Vol. 156 (2010):
Feb. 25, 26, considered and passed House.
Sept. 27, considered and passed Senate, amended.
Sept. 29, House concurred in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
Oct. 7, Presidential statement.
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