[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 1494 Placed on Calendar Senate (PCS)]
Calendar No. 120
111th CONGRESS
1st Session
S. 1494
[Report No. 111-55]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2009
Mrs. Feinstein, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 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. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Restriction on conduct of intelligence activities.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. 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 details to elements of the
intelligence community.
Sec. 303. Enhancement of authority of the Director of National
Intelligence for flexible personnel
management among the elements of the
intelligence community.
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.
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 education programs.
Sec. 314. Review and report on education programs.
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. Excessive cost growth of major systems.
Sec. 325. Future budget projections.
Sec. 326. National Intelligence Program funded acquisitions.
Subtitle D--Congressional Oversight, Plans, and Reports
Sec. 331. General congressional oversight.
Sec. 332. Improvement of notification of Congress regarding
intelligence activities of the United
States.
Sec. 333. Requirement to provide legal authority for intelligence
activities.
Sec. 334. Additional limitation on availability of funds for
intelligence and intelligence-related
activities.
Sec. 335. Audits of intelligence community by Government Accountability
Office.
Sec. 336. Report on compliance with laws, international obligations,
and Executive orders on the detention and
interrogation activities of the
intelligence community.
Sec. 337. Reports on national security threat posed by Guantanamo Bay
detainees.
Sec. 338. Report on retirement benefits for former employees of Air
America.
Sec. 339. Report and strategic plan on biological weapons.
Sec. 340. Cybersecurity oversight.
Sec. 341. Sense of the Senate on a subcommittee related to intelligence
appropriations.
Sec. 342. Repeal or modification of certain reporting requirements.
Subtitle E--Other Matters
Sec. 351. Extension of authority to delete information about receipt
and disposition of foreign gifts and
decorations.
Sec. 352. Exemption of dissemination of terrorist identity information
from Freedom of Information Act.
Sec. 353. Modification of availability of funds for different
intelligence activities.
Sec. 354. Limitation on reprogrammings and transfers of funds.
Sec. 355. Protection of certain national security information.
Sec. 356. National Intelligence Program budget request.
Sec. 357. Improving the review authority of the Public Interest
Declassification Board.
Sec. 358. Authority to designate undercover operations to collect
foreign intelligence or
counterintelligence.
Sec. 359. Correcting long-standing material weaknesses.
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. Authorities for interagency funding.
Sec. 404. Location of the Office of the Director of National
Intelligence.
Sec. 405. Additional duties of the Director of Science and Technology.
Sec. 406. Title and appointment of Chief Information Officer of the
Intelligence Community.
Sec. 407. Inspector General of the Intelligence Community.
Sec. 408. Chief Financial Officer of the Intelligence Community.
Sec. 409. Leadership and location of certain offices and officials.
Sec. 410. National Space Intelligence Office.
Sec. 411. Operational files in the Office of the Director of National
Intelligence.
Sec. 412. Counterintelligence initiatives for the intelligence
community.
Sec. 413. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director
of National Intelligence.
Sec. 414. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of
National Intelligence.
Sec. 415. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 416. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 417. Misuse of the Office of the Director of National Intelligence
name, initials, or seal.
Subtitle B--Central Intelligence Agency
Sec. 421. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
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. Confirmation of appointment of heads of certain components of
the intelligence community.
Sec. 433. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis
and dissemination of certain intelligence
information.
Sec. 434. Defense Intelligence Agency counterintelligence and
expenditures.
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. Extending 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. Findings.
Sec. 604. Establishment and functions of the Commission.
Sec. 605. Members and staff of the Commission.
Sec. 606. Powers and duties of the Commission.
Sec. 607. Report of the Commission.
Sec. 608. Termination.
Sec. 609. Nonapplicability of Federal Advisory Committee Act.
Sec. 610. Funding.
TITLE VII--TECHNICAL AMENDMENTS
Sec. 701. Technical amendments to the Foreign Intelligence Surveillance
Act of 1978.
Sec. 702. Technical amendments to the Central Intelligence Agency Act
of 1949.
Sec. 703. Technical amendments to title 10, United States Code.
Sec. 704. Technical amendments to the National Security Act of 1947.
Sec. 705. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 706. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 707. Technical amendments to the Executive Schedule.
Sec. 708. Technical amendments to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004.
Sec. 709. Technical amendments to section 602 of the Intelligence
Authorization Act for Fiscal Year 1995.
Sec. 710. Technical amendments to section 403 of the Intelligence
Authorization Act, Fiscal Year 1992.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2010
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel levels (expressed as full-time equivalent
positions) as of September 30, 2010, for the conduct of the
intelligence activities of the elements listed in paragraphs (1)
through (16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany the conference report
on the bill __ of the One Hundred Eleventh Congress.
(b) Availability of Classified Schedule of Authorizations.--The
classified Schedule of Authorizations referred to in subsection (a)
shall be made available to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize the employment of civilian personnel in excess of the
number of full-time equivalent positions for fiscal year 2010
authorized by the classified Schedule of Authorizations referred to in
section 102(a) if the Director of National Intelligence determines that
such action is necessary to the performance of important intelligence
functions, except that the number of personnel employed in excess of
the number authorized under such section may not, for any element of
the intelligence community, exceed 5 percent of the number of civilian
personnel authorized under such section for such element.
(b) Authority for Conversion of Activities Performed by Contract
Personnel.--
(1) In general.--In addition to the authority in subsection
(a) and subject to paragraph (2), if the head of an element of
the intelligence community makes a determination that
activities currently being performed by contract personnel
should be performed by employees of such element, the Director
of National Intelligence, in order to reduce a comparable
number of contract personnel, may authorize for that purpose
employment of additional full-time equivalent personnel in such
element equal to the number of full-time equivalent contract
personnel performing such activities.
(2) Concurrence and approval.--The authority described in
paragraph (1) may not be exercised unless the Director of
National Intelligence concurs with the determination described
in such paragraph.
(c) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(d) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to the initial exercise of
an authority described in subsection (a) or (b).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2010 the sum of
$786,812,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2011.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 792 full-time equivalent personnel as of
September 30, 2010. Personnel serving in such elements may be permanent
employees of the Office of the Director of National Intelligence or
personnel detailed from other elements of the United States Government.
(c) Construction of Authorities.--The authorities available to the
Director of National Intelligence under section 103 are also available
to the Director for the adjustment of personnel levels within the
Intelligence Community Management Account.
(d) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2010 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September
30, 2011.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2010, there are authorized such additional full-time equivalent
personnel for the Community Management Account as of that date
as are specified in the classified Schedule of Authorizations
referred to in section 102(a).
SEC. 105. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2010 the sum of
$290,900,000.
SEC. 202. 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''.
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 DETAILS TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Except as provided in section 113 of the National Security Act of
1947 (50 U.S.C. 404h) and section 904(g)(2) of the Counterintelligence
Enhancement Act of 2002 (title IX of Public Law 107-306; 50 U.S.C.
402c(g)(2)) and notwithstanding any other provision of law, 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 (or the designees of such officials), for a
period not to exceed 3 years.
SEC. 303. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF NATIONAL
INTELLIGENCE FOR FLEXIBLE PERSONNEL MANAGEMENT AMONG THE
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsections:
``(s) Authority To Establish Positions in Excepted Service.--(1)
The Director of National Intelligence may, with the concurrence of the
head of the department or agency concerned and in coordination with the
Director of the Office of Personnel Management--
``(A) convert competitive service positions, and the
incumbents of such positions, within an element of the
intelligence community to excepted service positions as the
Director of National Intelligence determines necessary to carry
out the intelligence functions of such element; and
``(B) establish the classification and ranges of rates of
basic pay for positions so converted, notwithstanding otherwise
applicable laws governing the classification and rates of basic
pay for such positions.
``(2)(A) At the request of the Director of National Intelligence,
the head of a department or agency may establish new positions in the
excepted service within an element of such department or agency that is
part of the intelligence community if the Director determines that such
positions are necessary to carry out the intelligence functions of such
element.
``(B) The Director of National Intelligence may establish the
classification and ranges of rates of basic pay for any position
established under subparagraph (A), notwithstanding otherwise
applicable laws governing the classification and rates of basic pay for
such positions.
``(3) The head of the department or agency concerned is authorized
to appoint individuals for service in positions converted under
paragraph (1) or established under paragraph (2) without regard to the
provisions of chapter 33 of title 5, United States Code, governing
appointments in the competitive service, and to fix the compensation of
such individuals within the applicable ranges of rates of basic pay
established by the Director of National Intelligence.
``(4) The maximum rate of basic pay established under this
subsection is the rate for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
``(5) Not later than 60 days prior to the date that Director of
National Intelligence will convert a position under paragraph (1) or
establish a position under paragraph (2), the Director shall submit to
the congressional intelligence committees a notification of such
conversion or establishment.
``(t) 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 fix the rate of
basic pay for 1 or more positions within the intelligence community at
a rate in excess of any applicable limitation, subject to the
provisions of this subsection. The exercise of authority so granted is
at the discretion of the head of the department or agency employing the
individual in a position covered by such authority, subject to the
provisions of this subsection and any conditions established by the
Director of National Intelligence when granting such authority.
``(2) Authority under this subsection may be granted or exercised
only--
``(A) with respect to a position which requires an
extremely high level of expertise and is critical to successful
accomplishment of an important mission; and
``(B) to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) A rate of basic pay may not be fixed under this subsection at
a rate greater than the rate payable for level II of the Executive
Schedule under section 5313 of title 5, United States Code, except upon
written approval of the Director of National Intelligence or as
otherwise authorized by law.
``(4) A rate of basic pay may not be fixed under this subsection at
a rate greater than the rate payable for level I of the Executive
Schedule under section 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) The Director of National Intelligence shall notify the
congressional intelligence committees within 30 days of any grant or
exercise of authority under this subsection.
``(u) Extension of Flexible Personnel Management Authorities.--(1)
Notwithstanding any other provision of law, in order to ensure the
equitable treatment of employees across the intelligence community, the
Director of National Intelligence may, with the concurrence of the head
of the department or agency concerned, or for those matters that fall
under the responsibilities of the Office of Personnel Management under
statute or executive order, in coordination with the Director of the
Office of Personnel Management, authorize 1 or more elements of the
intelligence community to adopt compensation authority, performance
management authority, and scholarship authority that have been
authorized for another element of the intelligence community if the
Director of National Intelligence--
``(A) determines that the adoption of such authority would
improve the management and performance of the intelligence
community; and
``(B) submits to the congressional intelligence committees,
not later than 60 days before such authority is to take effect,
notice of the adoption of such authority by such element or
elements, including the authority to be so adopted, and an
estimate of the costs associated with the adoption of such
authority.
``(2) To the extent that an existing compensation authority within
the intelligence community is limited to a particular category of
employees or a particular situation, the authority may be adopted in
another element of the intelligence community under this subsection
only for employees in an equivalent category or in an equivalent
situation.
``(3) In this subsection, the term `compensation authority' means
authority involving basic pay (including position classification),
premium pay, awards, bonuses, incentives, allowances, differentials,
student loan repayments, and special payments, but does not include
authorities as follows:
``(A) Authorities related to benefits such as leave,
severance pay, retirement, and insurance.
``(B) Authority to grant a rank award by the President
under section 4507, 4507a, or 3151(c) of title 5, United States
Code, or any other provision of law.
``(C) Compensation authorities and performance management
authorities provided under provisions of law relating to the
Senior Executive Service.''.
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, is further amended by adding at the end
the following:
``(v) Award of Rank to Members of the Senior National Intelligence
Service.--The President, based on the recommendations of the Director
of National Intelligence, may award ranks to members of the Senior
National Intelligence Service and other intelligence community senior
civilian officers not already covered by such a rank award program in a
manner consistent with the provisions of section 4507 of title 5,
United States Code. The award of such rank shall be made per the
direction of the Director of National Intelligence and in a manner
consistent with the provisions of such section 4507.''.
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:
``SEC. 506B. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
``(a) Requirement To Provide.--The Director of National
Intelligence shall for the Office of the Director of National
Intelligence and, in consultation with the head of the element of the
intelligence community concerned, prepare an annual personnel level
assessment for such element of the intelligence community that assesses
the personnel levels for each such element for the fiscal year
following the fiscal year in which the assessment is submitted.
``(b) Schedule.--Each assessment required by subsection (a) shall
be submitted to the congressional intelligence committees each year
along with the budget submitted by the President under 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
such number as compared to the number of full-time equivalent
positions of the current fiscal year.
``(6) The numerical and percentage increase or decrease of
such number 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 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 contract personnel as compared to the best
estimate of the costs of contract personnel of the current
fiscal year.
``(9) The numerical and percentage increase or decrease of
such costs of contract personnel as compared to the cost of
contract personnel, and the number of contract personnel,
during the prior 5 fiscal years.
``(10) A justification for the requested personnel and
contract personnel levels.
``(11) The number of intelligence collectors and analysts
employed or contracted by each element of the intelligence
community.
``(12) A list of all contract personnel who have been the
subject of an investigation or review completed by the
inspector general of any element of the intelligence community
during the preceding fiscal year, or are or have been the
subject of an investigation or review by such an inspector
general during the current fiscal year.
``(13) 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 contract personnel levels;
``(B) training resources to support the requested
personnel levels; and
``(C) funding to support the administrative and
operational activities of the requested personnel
levels.''.
(b) 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 with the budget for
fiscal year 2011 submitted to Congress by the President under section
1105 of title 31, United States Code.
(c) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 506A the following new
item:
``Sec. 506B. Annual personnel levels assessment for the intelligence
community.''.
SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR CRITICAL LANGUAGE
TRAINING.
(a) Findings.--Congress makes the following findings:
(1) In 2009, eight years after the terrorist attacks of
September 11, 2001, the intelligence community continues to
lack an adequate supply of personnel trained in critical
foreign languages.
(2) A number of elements of the intelligence community are
attempting to address that lack of supply by recruiting
applicants who can speak, read, and understand critical foreign
languages.
(3) Leaders in the intelligence community have recognized
that improved recruiting practices are only a partial solution
and that improved language training for current intelligence
community employees is also necessary.
(4) While language education and instruction provides long-
term benefits for both intelligence agencies and individual
employees, it has short-term costs for supervisors whose staff
are absent due to language training and could provide
supervisors with an incentive to resist allowing individual
employees to pursue language training.
(5) If the head of an element of the intelligence community
was able to increase the number of personnel at that element
during the period that an employee is participating in language
training, that element would not have to sacrifice short-term
priorities to address language training needs.
(6) The Director of National Intelligence is uniquely
situated to evaluate language training needs across the
intelligence community and assess whether that training would
be enhanced if elements of the intelligence community were
given temporary additional personnel authorizations.
(7) The intelligence community has a difficult time
finding, training, and providing security clearances to native
foreign language speakers who are able to serve as translators
and it would be beneficial if all elements of the intelligence
community were able to harness the capabilities of these
individuals.
(8) The Director of National Intelligence is uniquely
situated to identify translators within the intelligence
community and provide for their temporary transfer from one
element of the intelligence community to another element.
(b) Temporary Personnel Authorizations.--
(1) Authorized additional ftes.--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
utilized only for the purposes described in paragraph (2).
(2) Purposes.--The Director of National Intelligence may
use a full-time equivalent position authorized under paragraph
(1) only for the purposes of providing a temporary transfer of
personnel made pursuant to the authority in section 102A(e)(2)
of the National Security Act of 1947 (50 U.S.C. 403-1(e)(2)) to
an element of the intelligence community to enable such element
to increase its total authorized number of personnel, on a
temporary basis--
(A) during a period in which a permanent employee
of such element is absent to participate in critical
language training; or
(B) to accept a permanent employee of another
element of the intelligence community to provide
language-capable services a temporary basis.
(c) Inapplicability of Other Law.--Subparagraph (B) of section
102A(e)(2) of the National Security Act of 1947 (50 U.S.C. 403-1(e)(2))
shall not apply to a transfer of personnel authorizations made under
this section.
(d) Reporting Requirements.--
(1) Report to the director of national intelligence.--An
element of the intelligence community that receives a temporary
transfer of personnel authorized under subsection (b) shall
submit to the Director of National Intelligence a report on
such transfer that includes the length of time of the temporary
transfer and which critical language need of such element was
fulfilled or partially fulfilled by the transfer.
(2) Annual report to congress.--The Director of National
Intelligence shall submit to the congressional intelligence
committees an annual report on this section. Each such report
shall include a description of--
(A) the number of transfers of personnel made by
the Director pursuant to subsection (b), disaggregated
by each element of the intelligence community;
(B) the critical language that needs were fulfilled
or partially fulfilled through the use of such
transfers; and
(C) the cost to carry out subsection (b).
Subtitle B--Education Programs
SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROBERTS INTELLIGENCE
SCHOLARS PROGRAM.
(a) In General.--Subsection (a) of section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C.
441g note) is amended--
(1) in the heading, by striking ``Pilot Program'' and
inserting ``In General'';
(2) in paragraph (1)--
(A) by striking ``pilot''; and
(B) by inserting ``, acquisition, scientific, and
technical, or other'' after ``analytic'' in both places
that term appears;
(3) in paragraph (2), by striking ``pilot''; and
(4) in paragraph (3), by striking ``pilot''.
(b) Elements.--Subsection (b) of section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C.
411g note) is amended--
(1) in the matter preceding paragraph (1), by striking
``pilot'';
(2) in paragraph (1), by striking ``analysts'' and
inserting ``professionals''; and
(3) in paragraph (2), by inserting ``, acquisition,
scientific, and technical, or other'' after ``analytic''.
(c) Permanent Authorization.--Section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C.
411g note) is amended by striking subsections (c), (d), (e), (f), and
(g).
(d) Use of Funds.--Section 318 of the Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C. 411g note), as
amended by subsection (c), is further amended by adding at the end the
following:
``(c) Use of Funds.--Funds made available for the program may be
used for the following purposes:
``(1) To provide a monthly stipend for each month that the
individual is pursing a course of study described in subsection
(a).
``(2) To pay such individual's full tuition to permit the
individual to complete such a course of study.
``(3) To provide an allowance for books and materials that
such individual requires to complete such a course of study.
``(4) To pay such individual's expenses for travel as
requested by an element of the intelligence community related
to the program.''.
(e) Conforming Amendments.--
(1) Section heading.--The section heading of section 318 of
the Intelligence Authorization Act for Fiscal Year 2004 (Public
Law 108-177; 117 Stat. 2613) is amended to read as follows:
``SEC. 318. PAT ROBERTS INTELLIGENCE SCHOLARS PROGRAM.''.
(2) Table of contents.--The table of contents in section
1(b) 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 and inserting the following:
``Sec. 318. Pat Roberts Intelligence Scholars Program.''.
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 ``Such program shall be known as
the Louis Stokes Educational Scholarship Program.''.
(b) Authority for Participation by Individuals Who Are Not Employed
by the Federal 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
``civilian employees'' and inserting ``civilians who may or may
not be employees''.
(2) Replacement of the term ``employee''.--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'';
(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'';
and
(C) in subsection (e)(1), by striking ``employee''
and inserting ``program participant''.
(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.--Section 102A of
the National Security Act of 1947 (50 U.S.C. 403-1), as amended by
sections 303 and 304, is further amended by adding at the end the
following new subsection:
``(w) Educational Scholarship Program.--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 which 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) for civilian employees of the National Security Agency.''.
SEC. 313. INTELLIGENCE OFFICER EDUCATION PROGRAMS.
(a) Authority.--The Director may carry out, or may authorize the
head of an element of the intelligence community to carry out, programs
in accordance with this section for the purposes described in
subsection (c).
(b) Definitions.--In this section:
(1) Director.--The term ``Director'' means ``the Director
of National Intelligence''.
(2) Institution of higher education.--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).
(c) Purposes.--The purpose of a program carried out under this
section shall be--
(1) to encourage the preparation, recruitment, and
retention of civilian intelligence community personnel who
posses language, analytic, scientific, technical, or other
skills necessary to meet the needs of the intelligence
community, as identified by the Director; and
(2) to enhance recruitment and retention of an ethnically
and culturally diverse workforce for the intelligence community
with capabilities critical to the national security interests
of the United States.
(d) Authorized Programs.--The programs authorized under this
section are as follows:
(1) Grants to individuals.--A program carried out in
accordance with subsection (e) to provide financial aid to an
individual to pursue a program at an institution of higher
education in language, analysis, science, technical fields, or
other skills necessary to meet the needs of the intelligence
community, as identified by the Director.
(2) Grants to institutions of higher education.--A program
carried out in accordance with subsection (f) to provide a
grant to an institution of higher education to develop a
program of study in an area of study referred to paragraph (1).
(e) Grants to Individuals.--
(1) In general.--The Director, or the head of an element of
the intelligence community authorized by the Director under
subsection (a), may award a grant to an individual who is
pursuing an associate, baccalaureate, advanced degree, or
certification in an area of study referred to in subsection
(c)(1) at an institution of higher education.
(2) Use or funds.--A grant awarded to an individual under
this section to enroll in a program at an institution of higher
education may be used--
(A) to pay the tuition, fees, and other costs of
such program;
(B) to pay the living expenses of the individual
during the time the individual is enrolled in such
program; or
(C) to support internship activities of the
individual within the intelligence community during the
academic year or periods between academic years in
which the individual is enrolled in such program.
(3) Administration of grants.--A grant of financial aid to
an individual under this section shall be administered
through--
(A) the Pat Roberts Intelligence Scholars Program
carried out under section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (50 U.S.C. 441g
note); or
(B) the Louis Stokes Educational Scholarship
Program carried out under section 16 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note).
(4) Selection.--In selecting an individual to receive a
grant under this section to enroll in a program at an
institution of higher education, the Director or head of an
element of the intelligence community, as appropriate, shall
consider whether such institution has been awarded a grant
under this section.
(5) Authority for screening.--The Director is authorized to
screen and qualify each individual selected to receive a grant
under this section for the appropriate security clearance
without regard to the date that the employment relationship
between the individual and an element of the intelligence
community is formed, or whether it is ever formed.
(f) Grants to Institutions of Higher Education.--
(1) In general.--The Director may award a grant to an
institution of higher education to support the establishment,
continued development, improvement, or administration of a
program of study referred to in subsection (c)(1) at such
institution.
(2) Use of funds.--A grant awarded to an institution of
higher education under this section may be used for the
following:
(A) Curriculum or program development.
(B) Faculty development.
(C) Laboratory equipment or improvements.
(D) Faculty research in language, analysis,
science, technical, or other fields that meet current
or emerging needs of the intelligence community as
identified by the Director of National Intelligence.
(3) Reports.--An institution of higher education awarded a
grant under this section shall submit to the Director regular
reports regarding the use of such grant, including--
(A) a description of the benefits to students who
participate in the course of study funded by such
grant;
(B) a description of the results and
accomplishments related to such course of study; and
(C) any other information that the Director may
require.
(g) Application.--An individual or an institution of higher
education seeking a grant under this section shall submit an
application to the Director describing the proposed use of the grant at
such time and in such manner as the Director may require.
(h) Regulations.--The Director shall prescribe such regulations as
are necessary to carry out this section.
(i) Repeal of Prior Programs.--
(1) In general.--The following provisions are repealed:
(A) Section 319 of 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 Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 50 U.S.C. 402 note).
(2) Effect on prior agreements.--An agreement, contract, or
employment relationship that was in effect pursuant to a
provision repealed by subparagraph (A), (B), or (C) of
paragraph (1) prior to the date of the enactment of this Act
shall remain in effect unless all parties mutually agree to
amend, modify, or abrogate such agreement, contract, or
relationship.
(3) Table of contents amendments.--
(A) Intelligence authorization act for fiscal year
2004.--The Intelligence Authorization Act for Fiscal
Year 2004 is amended in the table of contents in
section 1(b), by striking the item relating to section
319.
(B) Ronald w. reagan national defense authorization
act for fiscal year 2005.--The Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 1811) is amended--
(i) in the table of contents in section
2(b), by striking the item relating to section
922; and
(ii) in title IV in the table of contents
preceding subtitle A, by striking the item
relating to section 922.
(j) Effect of Other Law.--The Director shall administer the
Intelligence Officer Training Program pursuant to the provisions of
chapter 63 of title 31, United States Code and chapter 75 of such
title, except that the Comptroller General of the United States shall
have no authority, duty, or responsibility in matters related to this
program.
SEC. 314. REVIEW AND REPORT ON EDUCATION PROGRAMS.
(a) Review.--
(1) Requirement for review.--The Director of National
Intelligence shall review the programs described in paragraph
(2) to determine if such programs--
(A) meet the needs of the intelligence community to
prepare, recruit, and retain a skilled and diverse
workforce;
(B) should be combined or otherwise integrated; and
(C) constitute all the education programs carried
out by the Director of National Intelligence or the
head of an element of the intelligence community and,
if not, whether other such educational programs could
be combined or otherwise integrated with the programs
described in paragraph (2).
(2) Programs described.--The programs described in this
paragraph are the following:
(A) The Pat Roberts Intelligence Scholars Program
carried out under section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (50 U.S.C. 441g
note), as amended by section 311.
(B) The Louis Stokes Educational Scholarship
Program carried out section 16 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note), as amended by
section 312.
(C) The education grant programs carried out under
section 313.
(D) Any other program that provides for education
or training of personnel of an element of the
intelligence community.
(b) Report.--Not later than February 1, 2010, the Director of
National Intelligence shall submit to the congressional intelligence
committees a report on the results of the review required by subsection
(a).
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. (a) Initial Vulnerability Assessments.--
``(1) Requirement for initial vulnerability assessments.--
The Director of National Intelligence shall conduct an initial
vulnerability assessment for any major system and its
significant items of supply that is proposed for inclusion in
the National Intelligence Program prior to completion of
Milestone B or an equivalent acquisition decision. The initial
vulnerability assessment of a major system and its significant
items of supply shall include use of an analysis-based approach
to--
``(A) identify vulnerabilities;
``(B) define exploitation potential;
``(C) examine the system's potential effectiveness;
``(D) determine overall vulnerability; and
``(E) make recommendations for risk reduction.
``(2) Limitation on obligation of funds.--For any major
system for which an initial vulnerability assessment is
required under paragraph (1) on the date of the enactment of
the Intelligence Authorization Act for Fiscal Year 2010, such
assessment shall be submitted to the congressional intelligence
committees within 180 days of such date of enactment. If such
assessment is not submitted to the congressional intelligence
committees within 180 days of such date of enactment, 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 of funds for the acquisition
of the major system shall cease to apply at the end of the 30-
day period of a continuous session of Congress that begins on
the date on which Congress receives the initial vulnerability
assessment.
``(b) Subsequent Vulnerability Assessments.--(1) The Director of
National Intelligence shall, periodically throughout the life span 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 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 subparagraphs (A) through (E) of subsection (a)(1).
``(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) Congressional Oversight.--(1) The Director of National
Intelligence shall provide to the congressional intelligence committees
a copy of each vulnerability assessment conducted under subsection (a)
or (b) not later than 10 days after the date of the completion of such
assessment.
``(2) The Director of National Intelligence shall provide the
congressional intelligence committees with a proposed schedule for
subsequent vulnerability assessments of a major system under subsection
(b) when providing such committees with the initial vulnerability
assessment under subsection (a) of such system as required by paragraph
(1).
``(e) Definitions.--In this section:
``(1) The term `items of supply'--
``(A) means any individual part, component,
subassembly, assembly, or subsystem integral to a major
system, and other property which may be replaced during
the service life of the major system, including spare
parts and replenishment parts; and
``(B) does not include packaging or labeling
associated with shipment or identification of items.
``(2) The term `major system' has the meaning given that
term in section 506A(e).
``(3) The term `Milestone B' means a decision to enter into
system development and demonstration pursuant to guidance
prescribed by the Director of National Intelligence.
``(4) 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 305 of this Act, is further amended by
inserting after the item relating to section 506B, as added by
section 305(b), the following:
``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
to read as follows:
``(3) The term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).''.
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 sections 305 and
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. (a) Limitation on Obligation of Funds.--(1) After
February 1, 2010, 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
$1,000,000 unless--
``(A) the approval authority designated by the Director of
National Intelligence under subsection (c)(2) makes the
certification described in paragraph (2) with respect to the
intelligence community business system transformation; and
``(B) the certification is approved by the appropriate
authorities within the intelligence community business system
transformation governance structure identified in subsection
(f).
``(2) The certification described in this paragraph for an
intelligence community business system transformation is a
certification, made by the approval authority designated by the
Director under subsection (c)(2) that the intelligence community
business system transformation--
``(A) complies with the enterprise architecture under
subsection (b) and other Director of National Intelligence
policy and standards; or
``(B) is necessary--
``(i) to achieve a critical national security
capability or address a critical requirement in an area
such as safety or security; or
``(ii) to prevent a significant adverse effect on a
project that is needed to achieve an essential
capability, taking into consideration the alternative
solutions for preventing such adverse effect.
``(b) Enterprise Architecture for Intelligence Community Business
Systems.--(1) The Director of National Intelligence shall, acting
through the intelligence community business system transformation
governance structure identified in subsection (f), develop and
implement an enterprise architecture to cover all intelligence
community business systems, and the functions and activities supported
by such business systems. The enterprise architecture shall be
sufficiently defined to effectively guide, constrain, and permit
implementation of interoperable intelligence community business system
solutions, consistent with applicable policies and procedures
established by the Director of the Office of Management and Budget.
``(2) The enterprise architecture under paragraph (1) shall include
the following--
``(A) An information infrastructure that, at a minimum,
will enable the intelligence community to--
``(i) comply with all Federal accounting, financial
management, and reporting requirements;
``(ii) routinely produce timely, accurate, and
reliable financial information for management purposes;
``(iii) integrate budget, accounting, and program
information and systems; and
``(iv) provide for the 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.--(1) The Director of National Intelligence shall be
responsible for the entire life cycle of an intelligence community
business system transformation, to include review, approval, and
oversight of the planning, design, acquisition, deployment, operation,
and maintenance of the business system transformation.
``(2) The Director shall designate one or more appropriate
officials of the intelligence community to be responsible for making
certifications with respect to intelligence community business system
transformation under subsection (a)(2).
``(d) Intelligence Community Business System Investment Review.--
(1) The approval authority designated under subsection (c)(2) shall
establish and implement, not later than February 1, 2010, an investment
review process for the intelligence community business systems for
which the approval authority is responsible.
``(2) The investment review process under paragraph (1) shall--
``(A) meet the requirements of section 11312 of title 40,
United States Code; and
``(B) specifically set forth the responsibilities of the
approval authority under such review process.
``(3) The investment review process under paragraph (1) shall
include the following elements:
``(A) Review and approval by an investment review board
(consisting of appropriate representatives of the intelligence
community) of each intelligence community business system as an
investment before the obligation of funds for such system.
``(B) Periodic review, but not less often than annually, of
every intelligence community business system investment.
``(C) Thresholds for levels of review to ensure appropriate
review of intelligence community business system investments
depending on the scope, complexity, and cost of the system
involved.
``(D) Procedures for making certifications in accordance
with the requirements of subsection (a)(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) For each such system, identification of approval
authority designated for such system under subsection (c)(2).
``(4) The certification, if any, made under subsection
(a)(2) with respect to each such system.
``(f) Intelligence Community Business System Transformation
Governance Board.--
``(1) 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
under taken within the intelligence community;
``(B) review and approve any major update of--
``(i) the enterprise architecture developed
under subsection (b); and
``(ii) any plans for an intelligence
community business systems modernization;
``(C) manage cross-domain integration consistent
with such enterprise architecture;
``(D) be responsible for coordinating initiatives
for intelligence community business system
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, or the amendments made by 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 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 shall enter 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 15 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; and
``(2) identify the number of intelligence community
business system transformations that received a certification
described in subsection (a)(2)(B); 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) Enterprise architecture.--The term `enterprise
architecture' has the meaning given that term in section
3601(4) of title 44, United States Code.
``(2) Information system; information technology.--The
terms `information system' and `information technology' have
the meanings given those terms in section 11101 of title 40,
United States Code.
``(3) Intelligence community business system.--The term
`intelligence community business system' means an information
system, including national security systems, that are operated
by, for, or on behalf of the intelligence community or elements
of the intelligence community as defined by law and Executive
Order, including financial systems, mixed systems, financial
data feeder systems, 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) Intelligence community business system
transformation.--The term `intelligence community business
system transformation' means--
``(A) the acquisition or development of a new
intelligence community business system; or
``(B) any significant modification or enhancement
of an existing intelligence community business system
(other than necessary to maintain current services).
``(5) National security system.--The term `national
security system' has the meaning given that term in section
3542 of title 44, United States Code.''.
(2) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by sections 305 and
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 systems transformation.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(A) complete the delegation of responsibility for
the review, approval, and oversight of intelligence
community business systems required by subsection (c)
of section 506D of the National Security Act of 1947
(as added by subsection (a)); and
(B) designate a chairman and personnel to serve on
the appropriate intelligence community business system
transformation governance board established under
subsection (f) of such section 506D (as so added).
(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) to
include the initial Business Enterprise Architecture
for business transformation by December 31, 2009.
(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 September 30, 2009, 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 September 30, 2009, 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.
(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 December 31, 2009.
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 sections 305, 321,
and 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. (a) Annual Reports Required.--(1) The Director of
National Intelligence shall submit to the congressional intelligence
committees each year, at the same time the budget of the President for
the fiscal year beginning in such year is submitted to Congress
pursuant to section 1105 of title 31, United States Code, a separate
report on each acquisition of a major system by an element of the
intelligence community.
``(2) Each report under this section shall be known as a `Report on
the Acquisition of Major Systems'.
``(b) Elements.--Each report under this section shall include, for
the acquisition of a major system, information on the following:
``(1) The current total acquisition cost for such system,
and the history of such cost from the date the system was first
included in a report under this section to the end of the
fiscal year immediately preceding the submission of the report
under this section.
``(2) The current development schedule for the system,
including an estimate of annual development costs until
development is completed.
``(3) The planned procurement schedule for the system,
including the best estimate of the Director of National
Intelligence of the annual costs and units to be procured until
procurement is completed.
``(4) A full life-cycle cost analysis for such system.
``(5) The result of any significant test and evaluation of
such major system as of the date of the submission of such
report, or, if a significant test and evaluation has not been
conducted, a statement of the reasons therefor and the results
of any other test and evaluation that has been conducted of
such system.
``(6) The reasons for any change in acquisition cost, or
schedule, for such system from the previous report under this
section, if applicable.
``(7) The major contracts or subcontracts related to the
major system.
``(8) If there is any cost or schedule variance under a
contract referred to in paragraph (7) since the previous report
under this section, the reasons for such cost or schedule
variance.
``(c) Determination of Increase in Costs.--Any determination of a
percentage increase in the acquisition costs of a major system for
which a report is filed under this section shall be stated in terms of
constant dollars from the first fiscal year in which funds are
appropriated for such contract.
``(d) Submission to the 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 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.
``(e) Definitions.--In this section:
``(1) The term `acquisition cost', with respect to a major
system, means the amount equal to the total cost for
development and procurement of, and system-specific
construction for, such system.
``(2) The term `full life-cycle cost', with respect to the
acquisition of a major system, means all costs of development,
procurement, construction, deployment, and operation and
support for such program, without regard to funding source or
management control, including costs of development and
procurement required to support or utilize such system.
``(3) The term `major contract,' with respect to a major
system acquisition, means each of the 6 largest prime,
associate, or government-furnished equipment contracts under
the program that is in excess of $40,000,000 and that is not a
firm, fixed price contract.
``(4) The term `major system' has the meaning given that
term in section 506A(e).
``(5) The term `significant test and evaluation' means the
functional or environmental testing of a major system or of the
subsystems that combine to create a major system.''.
(2) Applicability date.--The first report required to be
submitted under section 506E(a) of the National Security Act of
1947, as added by paragraph (1), shall be submitted with the
budget for fiscal year 2011 submitted by the President under
section 1105 of title 31, United States Code.
(3) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by sections 305, 321,
and 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) 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 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. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.
(a) Notification.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by sections 305, 321, 322, and 323 of
this Act, is further amended by inserting after section 506E, as added
by section 323(a), the following new section:
``excessive cost growth of major systems
``Sec. 506F. (a) Cost Increases of at Least 25 Percent.--(1)(A) On
a continuing basis, and separate from the submission of any report on a
major system required by section 506E of this Act, the program manager
shall determine if the acquisition cost of such major system has
increased by at least 25 percent as compared to the baseline cost of
such major system.
``(B) Not later than 10 days after the date that a program manager
determines that an increase described in subparagraph (A) has occurred,
the program manager shall submit to the Director of National
Intelligence notification of such increase.
``(2)(A) If, after receiving a notification described in paragraph
(1)(B), the Director of National Intelligence determines that the
acquisition cost of a major system has increased by at least 25
percent, the Director shall submit to the congressional intelligence
committees a written notification of such determination as described in
subparagraph (B), a description of the amount of the increase in the
acquisition cost of such major system, and a certification as described
in subparagraph (C).
``(B) The notification required by subparagraph (A) shall include--
``(i) an updated cost estimate;
``(ii) the date on which the determination covered by such
notification was made;
``(iii) contract performance assessment information with
respect to each significant contract or sub-contract related to
such major system, including the name of the contractor, the
phase of the contract at the time of the report, the percentage
of work under the contract that has been completed, any change
in contract cost, the percentage by which the contract is
currently ahead or behind schedule, and a summary explanation
of significant occurrences, such as cost and schedule
variances, and the effect of such occurrences on future costs
and schedules;
``(iv) the prior estimate of the full life-cycle cost for
such major system, expressed in constant dollars and in current
year dollars;
``(v) the current estimated full life-cycle cost of such
major system, expressed in constant dollars and current year
dollars;
``(vi) a statement of the reasons for any increases in the
full life-cycle cost of such major system;
``(vii) the current change and the total change, in dollars
and expressed as a percentage, in the full life-cycle cost
applicable to such major system, stated both in constant
dollars and current year dollars;
``(viii) the completion status of such major system
expressed as the percentage--
``(I) of the total number of years for which funds
have been appropriated for such major system compared
to the number of years for which it is planned that
such funds will be appropriated; and
``(II) of the amount of funds that have been
appropriated for such major system compared to the
total amount of such funds which it is planned will be
appropriated;
``(ix) the action taken and proposed to be taken to control
future cost growth of such major system; and
``(x) any changes made in the performance or schedule of
such major system and the extent to which such changes have
contributed to the increase in full life-cycle costs of such
major system.
``(C) The certification described in this subparagraph is a written
certification made by the Director and submitted to the congressional
intelligence committees that--
``(i) the acquisition of such major system is essential to
the national security;
``(ii) there are no alternatives to such major system that
will provide equal or greater intelligence capability at equal
or lesser cost to completion;
``(iii) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(iv) the management structure for the acquisition of such
major system is adequate to manage and control full life-cycle
cost of such major system.
``(b) Cost Increases of at Least 50 Percent.--(1)(A) On a
continuing basis, and separate from the submission of any report on a
major system required by section 506E of this Act, the program manager
shall determine if the acquisition cost of such major system has
increased by at least 50 percent as compared to the baseline cost of
such major system.
``(B) Not later than 10 days after the date that a program manager
determines that an increase described in subparagraph (A) has occurred,
the program manager shall submit to the Director of National
Intelligence notification of such increase.
``(2) If, after receiving a notification described in paragraph
(1)(B), the Director of National Intelligence determines that the
acquisition cost of a major system has increased by at least 50 percent
as compared to the baseline cost of such major system, the Director
shall submit to the congressional intelligence committees a written
certification stating that--
``(A) the acquisition of such major system is essential to
the national security;
``(B) there are no alternatives to such major system that
will provide equal or greater intelligence capability at equal
or lesser cost to completion;
``(C) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(D) the management structure for the acquisition of such
major system is adequate to manage and control the full life-
cycle cost of such major system.
``(3) In addition to the certification required by paragraph (2),
the Director of National Intelligence shall submit to the congressional
intelligence committees an updated notification, with current
accompanying information, as required by subsection (a)(2).
``(c) Prohibition on Obligation of Funds.--(1) If a written
certification required under subsection (a)(2)(A) is not submitted to
the congressional intelligence committees within 90 days of the
notification made under subsection (a)(1)(B), funds appropriated for
the acquisition of a major system may not be obligated for a major
contract under the program. Such prohibition on the obligation of funds
shall cease to apply at the end of the 30-day period of a continuous
session of Congress that begins on the date on which Congress receives
the notification required under subsection (a)(2).
``(2) If a written certification required under subsection (b)(2)
is not submitted to the congressional intelligence committees within 90
days of the notification made under subsection (b)(1)(B), funds
appropriated for the acquisition of a major system may not be obligated
for a major contract under the program. Such prohibition on the
obligation of funds for the acquisition of a major system shall cease
to apply at the end of the 30-day period of a continuous session of
Congress that begins on the date on which Congress receives the
notification required under subsection (b)(3).
``(d) Initial Certifications.--Notwithstanding subsection (c), for
any major system for which a written certification is required under
either subsection (a)(2) or (b)(2) on the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2010, such written
certification shall be submitted to the congressional intelligence
committees within 180 days of such date of enactment. If such written
certification is not submitted to the congressional intelligence
committees within 180 days of such date of enactment, funds
appropriated for the acquisition of a major system may not be obligated
for a major contract under the program. Such prohibition on the
obligation of funds for the acquisition of a major system shall cease
to apply at the end of the 30-day period of a continuous session of
Congress that begins on the date on which Congress receives the
notification required under subsection (a)(2) or (b)(3).
``(e) Submission to the Congressional Armed Services Committees.--
To the extent that a submission required to be made to the
congressional intelligence committees under this section addresses an
element of the intelligence community within the Department of Defense,
the Director of National Intelligence shall submit that portion of the
submission, 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.
``(f) Definitions.--In this section:
``(1) The term `acquisition cost' has the meaning given
that term in section 506E(d).
``(2) The term `baseline cost', with respect to a major
system, means the projected acquisition cost of such system
that is approved by the Director of National Intelligence at
Milestone B or an equivalent acquisition decision for the
development, procurement, and construction of such system. The
baseline cost may be in the form of an independent cost
estimate.
``(3) 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 a written certification is
required under either subsection (a)(2) or (b)(2); and
``(B) does not mean an `independent cost estimate'.
``(4) The term `full life-cycle cost' has the meaning given
that term in section 506E(d).
``(5) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(6) The term `major system' has the meaning given that
term in section 506A(e).
``(7) The term `Milestone B' means a decision to enter into
system development and demonstration pursuant to guidance
prescribed by the Director of National Intelligence.
``(8) The term `program manager', with respect to a major
system, means--
``(A) the head of the element of the intelligence
community which is responsible for the budget, cost,
schedule, and performance of the 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.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of that Act, as amended by sections 305, 321, 322, and
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. Excessive cost growth of 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 sections 305, 321, 322, 323, and 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. (a) Future Year Intelligence Plans.--(1) The Director
of National Intelligence, with the concurrence 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 budget 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) any major acquisition or programmatic milestones for
such major system.
``(b) Long-term Budget Projections.--(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 Long-term Budget Projection for each element of the
National Intelligence Program acquiring a major system that includes
the budget for such element for the 5-year period following the last
budget year for which proposed funding was submitted under subsection
(a)(2)(A).
``(2) A Long-term Budget Projection submitted under paragraph (1)
shall include projections for the appropriate element of the
intelligence community for--
``(A) pay and benefits of officers and employees of such
element;
``(B) other operating and support costs and minor
acquisitions of such element;
``(C) research and technology required by such element;
``(D) current and planned major system acquisitions for
such element; and
``(E) any unplanned but necessary next-generation major
system acquisitions for such element.
``(c) Submission to Congress.--Each Future Year Intelligence Plan
or Long-term Budget Projection required under subsection (a) or (b)
shall be submitted to Congress along with the budget for a fiscal year
submitted to Congress by the President pursuant to section 1105 of
title 31, United States Code.
``(d) Content of Long-term Budget Projections.--(1) Each Long-term
Budget Projection submitted under subsection (b) shall include--
``(A) a budget projection based on constrained budgets,
effective cost and schedule execution of current or planned
major system acquisitions, and modest or no cost-growth for
undefined, next-generation systems; and
``(B) a budget projection based on constrained budgets,
modest cost increases in executing current and planned
programs, and more costly next-generation systems.
``(2) Each budget projection required by paragraph (1) shall
include 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.
``(e) New Major System Affordability Report.--(1) Beginning on
February 1, 2010, not later than 30 days prior to the date that an
element of the intelligence community may proceed to Milestone A,
Milestone B, or an analogous stage of system development, in the
acquisition of a major system in the National Intelligence Program, the
Director of National Intelligence, with the concurrence of the Director
of the Office of Management and Budget, shall provide a report on such
major system to the congressional intelligence committees.
``(2)(A) A report submitted under paragraph (1) 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 for that element of the intelligence community.
``(B) If an increase is projected under subparagraph (A), the
report required by this subsection shall include a specific finding,
and the reasons therefor, by the Director of National Intelligence and
the Director of the Office of Management and Budget that such increase
is necessary for national security.
``(f) Definitions.--In this section:
``(1) The term `major system' has the meaning given that
term in section 506A(e).
``(2) The term `Milestone A' means a decision to enter into
concept refinement and technology maturity demonstration
pursuant to guidance issued by the Director of National
Intelligence.
``(3) The term `Milestone B' means a decision to enter into
system development, integration, and demonstration pursuant to
guidance prescribed by the Director of National
Intelligence.''.
(b) Applicability Date.--The first Future Year Intelligence Plan or
Long-term Budget Projection required to be submitted under subsection
(a) or (b) of section 506G of the National Security Act of 1947, as
added by subsection (a), shall be submitted with the budget for fiscal
year 2011 submitted by the President under section 1105 of title 31,
United States Code.
(c) Table of Contents Amendment.--The table of contents in the
first section of that Act, as amended by sections 305, 321, 322, 323,
and 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.''.
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:
``(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 by 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
``(ii) the Director of National Intelligence or the
Principal Deputy Director of National Intelligence or a Deputy
Director of National Intelligence designated by the Director or
the Principal Director 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 individual
acquisitions 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
transmitted 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 may authorize the use
of such an authority for not more than 6 years.
``(ii) Each such authorizations may be extended for successive 3-
or 6-year periods, in accordance with requirements of subparagraph (B).
``(F) 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.
``(G) 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.
``(H) 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)).''.
Subtitle D--Congressional Oversight, Plans, and Reports
SEC. 331. GENERAL CONGRESSIONAL OVERSIGHT.
Section 501(a) of the National Security Act of 1947 (50 U.S.C.
413(a)) is amended by inserting at the end the following:
``(3) There shall be no exception to the requirements in this title
to inform the congressional intelligence committees of all intelligence
activities and covert actions.''.
SEC. 332. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING
INTELLIGENCE ACTIVITIES OF THE UNITED STATES.
(a) Notice on Information Not Disclosed.--
(1) In general.--Section 502 of the National Security Act
of 1947 (50 U.S.C. 413a) is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the
following:
``(b) Notice on Information Not Disclosed.--(1) If the Director of
National Intelligence or the head of a department, agency, or other
entity of the United States Government does not provide information
required by subsection (a) in full or to all the members of the
congressional intelligence committees and requests that such
information not be so provided, the Director shall, in a timely
fashion, notify such committees of the determination not to provide
such information in full or to all members of such committees. Such
notice shall--
``(A) be submitted in writing in a classified form;
``(B) include--
``(i) a statement of the reasons for such
determination; and
``(ii) a description that provides the main
features of the intelligence activities covered by such
determination; and
``(C) contain no restriction on access to such notice by
all members of the committee.
``(2) Nothing in this subsection shall be construed as authorizing
less than full and current disclosure to all the members of the
congressional intelligence committees of any information necessary to
keep all such members fully and currently informed on all intelligence
activities described in subsection (a).''.
(2) Conforming amendment.--Subsection (d) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
(b) Reports and Notice on Covert Actions.--
(1) Form and content of certain reports.--Subsection (b) of
section 503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following:
``(2) Any information relating to a covert action that is submitted
to the congressional intelligence committees for the purposes of
paragraph (1) shall be in writing and shall contain the following:
``(A) A concise statement of any facts pertinent to such
covert action.
``(B) An explanation of the significance of such covert
action.''.
(2) Notice on information not disclosed.--Subsection (c) of
such section is amended by adding at the end the following:
``(5) If the Director of National Intelligence or the head of a
department, agency, or other entity of the United States Government
does not provide information required by subsection (b) in full or to
all the members of the congressional intelligence committees, and
requests that such information not be so provided, the Director shall,
in a timely fashion, notify such committees of the determination not to
provide such information in full or to all members of such committees.
Such notice shall--
``(A) be submitted in writing in a classified form;
``(B) include--
``(i) a statement of the reasons for such
determination; and
``(ii) a description that provides the main
features of the covert action covered by such
determination; and
``(C) contain no restriction on access to such notice by
all members of the committee.''.
(3) Modification of nature of change of covert action
triggering notice requirements.--Subsection (d) of such section
is amended by striking ``significant'' the first place that
term appears.
SEC. 333. REQUIREMENT TO PROVIDE LEGAL AUTHORITY FOR INTELLIGENCE
ACTIVITIES.
(a) General Intelligence Activities.--Section 501(a) of the
National Security Act of 1947 (50 U.S.C.413(a)), as amended by section
331, is further amended by adding at the end the following:
``(4) In carrying out paragraph (1), the President shall provide to
the congressional intelligence committees the legal authority under
which the intelligence activity is or was conducted.''.
(b) Actions Other Than Covert Actions.--Section 502(a)(2) of the
National Security Act of 1947 (50 U.S.C. 413a(a)(2)) is amended by
striking ``activities,'' and inserting ``activities (including the
legal authority under which an intelligence activity is or was
conducted),''.
(c) Covert Actions.--Paragraph (1)(B) of section 503(b) of the
National Security Act of 1947 (50 U.S.C. 413b(b)), as redesignated by
section 332 (b)(1), is amended by inserting ``(including the legal
authority under which a covert action is or was conducted)'' after
``concerning covert actions''.
SEC. 334. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR
INTELLIGENCE AND INTELLIGENCE-RELATED ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``the congressional intelligence committees
have been fully and currently informed of such activity and
if'' after ``only if'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following:
``(b) In any case in which notice to the congressional intelligence
committees of an intelligence or intelligence-related activity is
covered by section 502(b), or in which notice to the congressional
intelligence committees on a covert action is covered by section
503(c)(5), the congressional intelligence committees shall be treated
as being fully and currently informed on such activity or covert
action, as the case may be, for purposes of subsection (a) if the
requirements of such section 502(b) or 503(c)(5), as applicable, have
been met.''.
SEC. 335. AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT ACCOUNTABILITY
OFFICE.
(a) In General.--Chapter 35 of title 31, United States Code, is
amended by inserting after section 3523 the following:
``Sec. 3523A. Audits of intelligence community by Government
Accountability Office
``(a) 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)).
``(b) Congress finds that--
``(1) the authority of the Comptroller General to perform
audits and evaluations of financial transactions, programs, and
activities of elements of the intelligence community under
sections 712, 717, 3523, and 3524, and to obtain access to
records for purposes of such audits and evaluations under
section 716, is reaffirmed for matters referred to in paragraph
(2); and
``(2) such audits and evaluations may be requested by a
congressional committee of jurisdiction (such as the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives), and may include matters relating to the
management and administration of elements of the intelligence
community in areas such as strategic planning, financial
management, information technology, human capital, knowledge
management, and information sharing.
``(c)(1) The Comptroller General may conduct an audit or evaluation
involving intelligence sources and methods or covert actions only upon
request of the Select Committee on Intelligence of the Senate or the
Permanent Select Committee on Intelligence of the House of
Representatives.
``(2)(A) Whenever the Comptroller General conducts an audit or
evaluation under paragraph (1), the Comptroller General shall provide
the results of such audit or evaluation only to the Select Committee on
Intelligence of the Senate, the Permanent Select Committee on
Intelligence of the House of Representatives, the Director of National
Intelligence, and the head of the relevant element of the intelligence
community.
``(B) The Comptroller General may only provide information obtained
in the course of an audit or evaluation under paragraph (1) to the
Select Committee on Intelligence of the Senate, the Permanent Select
Committee on Intelligence of the House of Representatives, the Director
of National Intelligence, and the head of the relevant element of the
intelligence community.
``(3)(A) Notwithstanding any other provision of law, the
Comptroller General may inspect records of any element of the
intelligence community relating to intelligence sources and methods, or
covert actions in order to conduct audits and evaluations under
paragraph (1).
``(B) If, in the conduct of an audit or evaluation under paragraph
(1), an agency record is not made available to the Comptroller General
in accordance with section 716, the Comptroller General shall consult
with the original requestor before filing a report under subsection
(b)(1) of such section.
``(4)(A) The Comptroller General shall maintain the same level of
confidentiality for a record made available for conducting an audit
under paragraph (1) as is required of the head of the element of the
intelligence community from which it is obtained. Officers and
employees of the Government Accountability Office are subject to the
same statutory penalties for unauthorized disclosure or use as officers
or employees of the intelligence community element that provided the
Comptroller General or officers and employees of the Government
Accountability Office with access to such records.
``(B) All workpapers of the Comptroller General and all records and
property of any element of the intelligence community that the
Comptroller General uses during an audit or evaluation under paragraph
(1) shall remain in facilities provided by that element of the
intelligence community. Elements of the intelligence community shall
give the Comptroller General suitable and secure offices and furniture,
telephones, and access to copying facilities, for purposes of audits
and evaluations under paragraph (1).
``(C) After consultation with the Select Committee on Intelligence
of the Senate and with the Permanent Select Committee on Intelligence
of the House of Representatives, the Comptroller General shall
establish procedures to protect from unauthorized disclosure all
classified and other sensitive information furnished to the Comptroller
General or any representative of the Comptroller General for conducting
an audit or evaluation under paragraph (1).
``(D) Before initiating an audit or evaluation under paragraph (1),
the Comptroller General shall provide the Director of National
Intelligence and the head of the relevant element with the name of each
officer and employee of the Government Accountability Office who has
obtained appropriate security clearance and to whom, upon proper
identification, records, and information of the element of the
intelligence community shall be made available in conducting the audit
or evaluation.
``(d) Elements of the intelligence community shall cooperate fully
with the Comptroller General and provide timely responses to
Comptroller General requests for documentation and information made
pursuant to this section.
``(e) With the exception of the types of audits and evaluations
specified in subsection (c)(1), nothing in this section or any other
provision of law shall be construed as restricting or limiting the
authority of the Comptroller General to audit, evaluate, or obtain
access to the records of elements of the intelligence community absent
specific statutory language restricting or limiting such audits,
evaluations, or access to records.''.
(b) Table of Sections Amendment.--The table of sections for chapter
35 of title 31, United States Code, is amended by inserting after the
item relating to section 3523 the following:
``3523A. Audits of intelligence community by Government Accountability
Office.''.
SEC. 336. REPORT ON COMPLIANCE WITH LAWS, INTERNATIONAL OBLIGATIONS,
AND EXECUTIVE ORDERS ON THE DETENTION AND INTERROGATION
ACTIVITIES OF THE INTELLIGENCE COMMUNITY.
(a) Report Required.--Not later than December 1, 2009, the Director
shall submit to the congressional intelligence committees a
comprehensive report on all measures taken by the Office of the
Director of National Intelligence and by each element, if any, of the
intelligence community with relevant responsibilities to comply with
the provisions of applicable law, international obligations, and
executive orders relating to the detention or interrogation activities,
if any, of any element of the intelligence community, including the
Detainee Treatment Act of 2005 (title X of division A of Public Law
109-148; 119 Stat. 2739), related provisions of the Military
Commissions Act of 2006 (Public Law 109-366; 120 Stat. 2600), common
Article 3, the Convention Against Torture, Executive Order 13491 (74
Fed. Reg. 4893; relating to ensuring lawful interrogations), and
Executive Order 13493 (74 Fed. Reg. 4901; relating to detention policy
options).
(b) Definitions.--In this Act:
(1) Common article 3.--The term ``common Article 3'' means
Article 3 of each of the Geneva Conventions.
(2) Convention against torture.--The term ``Convention
Against Torture'' means the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984.
(3) Director.--The term ``Director'' means the Director of
National Intelligence.
(4) Geneva conventions.--The term ``Geneva Conventions''
means the following:
(A) The Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114).
(B) The Convention for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea, done at Geneva August 12, 1949 (6
UST 3217).
(C) The Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316).
(D) The Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
(c) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
applicable law, international obligations, and Executive
orders, and, with respect to each such method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such
determination.
(2) A description of any recommendations of a task force
submitted pursuant to--
(A) section 5(g) of Executive Order 13491 (74 Fed.
Reg. 4893; relating to ensuring lawful interrogations);
or
(B) section 1(g) of Executive Order 13493 (74 Fed.
Reg. 4901; relating to detention policy options).
(3) A description of any actions taken pursuant to
Executive Order 13491 or the recommendations of a task force
issued pursuant to section 5(g) of Executive Order 13491 or
section 1(g) of Executive Order 13493 relating to detention or
interrogation activities, if any, of any element of the
intelligence community.
(4) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to each
such action--
(A) an identification of the official taking such
action; and
(B) a statement of the basis for such action.
(5) Any other matters that the Director considers necessary
to fully and currently inform the congressional intelligence
committees about the implementation of applicable law,
international obligations, and Executive orders relating to the
detention or interrogation activities, if any, of any element
of the intelligence community, including the Detainee Treatment
Act of 2005 (title X of division A of Public Law 109-148; 119
Stat. 2739), related provisions of the Military Commissions Act
of 2006 (Public Law 109-366; 120 Stat. 2600), common Article 3,
the Convention Against Torture, Executive Order 13491, and
Executive Order 13493.
(6) An appendix containing--
(A) all guidelines for the application of
applicable law, international obligations, or Executive
orders to the detention or interrogation activities, if
any, of any element of the intelligence community; and
(B) the legal justifications of the Department of
Justice about the meaning or application of applicable
law, international obligations, or Executive orders,
with respect to the detention or interrogation
activities, if any, of any element of the intelligence
community.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Submission to the 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 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.
SEC. 337. REPORTS ON NATIONAL SECURITY THREAT POSED BY GUANTANAMO BAY
DETAINEES.
In addition to the reports required by section 319 of the
Supplemental Appropriations Act of 2009 (Public Law 111-32) and on the
schedule required for such reports, the Director of National
Intelligence shall submit to the congressional intelligence committees
a report outlining the Director's assessment of the suitability for
release or transfer for detainees previously released or transferred,
or to be released or transferred, from the Naval Detention Facility at
Guantanamo Bay, Cuba to the United States or any other country. Each
such report shall include--
(1) a description of any objection to the release or
recommendation against the release of such an individual made
by any element of the intelligence community that determined
the potential threat posed by a particular individual warranted
the individual's continued detention;
(2) a detailed description of the intelligence information
that led to such an objection or determination;
(3) if an element of the intelligence community previously
recommended against the release of such an individual and later
retracted that recommendation, a detailed explanation of the
reasoning for the retraction; and
(4) an assessment of lessons learned from previous releases
and transfers of individuals for whom the intelligence
community objected or recommended against release.
SEC. 338. REPORT ON RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR
AMERICA.
(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 Congress a report on the advisability of providing
Federal retirement benefits to United States citizens for the service
of such citizens prior to 1977 as employees of Air America or an
associated company during a period when Air America or the associated
company was owned or controlled by the United States Government and
operated or managed by the Central Intelligence Agency.
(b) Definitions.--In this section:
(1) Air america.--The term ``Air America'' means Air
America, Incorporated.
(2) Associated company.--The term ``associated company''
means any entity associated with, predecessor to, or subsidiary
to Air America, including Air Asia Company Limited, CAT
Incorporated, Civil Air Transport Company Limited, and the
Pacific Division of Southern Air Transport during the period
when such an entity was owned and controlled by the United
States Government.
(c) Report Elements.--The report required by subsection (a) shall
include the following:
(1) The history of Air America and the associated companies
prior to 1977, including a description of--
(A) the relationship between Air America and the
associated companies and the Central Intelligence
Agency or other elements of the United States
Government;
(B) the workforce of Air America and the associated
companies;
(C) the missions performed by Air America, the
associated companies, and their employees for the
United States; and
(D) the casualties suffered by employees of Air
America and the associated companies in the course of
their employment.
(2) A description of--
(A) the retirement benefits contracted for, or
promised to, the employees of Air America and the
associated companies prior to 1977;
(B) the contributions made by such employees for
such benefits;
(C) the retirement benefits actually paid to such
employees;
(D) the entitlement of such employees to the
payment of future retirement benefits; and
(E) the likelihood that former employees of such
companies will receive any future retirement benefits.
(3) An assessment of the difference between--
(A) the retirement benefits that former employees
of Air America and the associated companies have
received or will receive by virtue of their employment
with Air America and the associated companies; and
(B) the retirement benefits that such employees
would have received or be eligible to receive if such
employment was deemed to be employment by the United
States Government and their service during such
employment was credited as Federal service for the
purpose of Federal retirement benefits.
(4)(A) Any recommendations regarding the advisability of
legislative action to treat such employment as Federal service
for the purpose of Federal retirement benefits in light of the
relationship between Air America and the associated companies
and the United States Government and the services and
sacrifices of such employees to and for the United States.
(B) If legislative action is considered advisable under
subparagraph (A), a proposal for such action and an assessment
of its costs.
(5) The opinions of the Director of the Central
Intelligence Agency, if any, on the matters covered by the
report that the Director of the Central Intelligence Agency
considers appropriate.
(d) Assistance of Comptroller General.--The Comptroller General of
the United States shall, upon the request of the Director of National
Intelligence and in a manner consistent with the protection of
classified information, assist the Director in the preparation of the
report required by subsection (a).
(e) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 339. 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, non-state, or rogue actors, either foreign
or domestic; and
(2) efforts to protect the United States biodefense
knowledge and infrastructure.
(b) Content.--The report required by subsection (a) shall include--
(1) an accurate assessment of the intelligence collection
efforts of the United States dedicated to detecting the
development or use of biological weapons by state, non-state,
or rogue actors, either foreign or domestic;
(2) detailed information on fiscal, human, technical, open
source, and other intelligence collection resources of the
United States dedicated for use against 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 agencies or
departments of the United States;
(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) Implementation of Strategic Plan.--Not later than 30 days after
the date that 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. 340. CYBERSECURITY OVERSIGHT.
(a) Definitions.--In this section:
(1) Cybersecurity program.--The term ``cybersecurity
program'' means a class or collection of similar cybersecurity
operations of an agency or department of the United States that
involves personally identifiable data that is--
(A) screened by a cybersecurity system outside of
the agency or department of the United States that was
the intended recipient;
(B) transferred, for the purpose of cybersecurity,
outside the agency or department of the United States
that was the intended recipient; 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 multi-agency cyber investigation coordination organization
overseen by the Director of the Federal Bureau of Investigation
known as the Nation 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).
(b) Notification of Cybersecurity Programs.--
(1) 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 (E) 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 (E) of paragraph (2).
(2) Documentation.--A notification required by paragraph
(1) for a cybersecurity program shall include--
(A) the legal justification for the cybersecurity
program;
(B) 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 agency or department;
(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 agency or department; and
(E) the plan, if any, for independent audit or
review of the cybersecurity program to be carried out
by the head of the relevant department or agency of the
United States, in conjunction with the appropriate
inspector general.
(c) 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 (b), in conjunction with the inspector general
for that department or agency, shall submit to Congress and the
President, in accordance with the schedule set out in paragraph
(2), 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 (b)(2)(E), if any; and
(B) an assessment of whether the implementation of
the cybersecurity program--
(i) is in compliance with--
(I) the legal justification
referred to in subsection (b)(2)(A);
and
(II) the assessment referred to in
subsection (b)(2)(D), if any;
(ii) is adequately described by the concept
of operation referred to in subsection
(b)(2)(C), if any; 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.--The reports
required by paragraph (1) shall be submitted to Congress and
the President according to the following schedule:
(A) An initial report shall be submitted not later
than 6 months after the date of the enactment of this
Act.
(B) A second report shall be submitted not later
than 1 year after the date of the enactment of this
Act.
(C) Additional reports shall be submitted
periodically thereafter, as necessary, as determined by
the head of the relevant department or agency of the
United States in conjunction with the inspector general
of that department or agency.
(3) Cooperation and coordination.--
(A) Cooperation.--The head of each department or
agency of the United States and inspector general
required to submit a report under paragraph (1) shall
work in conjunction, to the extent practicable, with
any other such head or inspector general required to
submit such a report.
(B) Coordination.--The heads of each department or
agency of the United States and inspectors general
required to submit reports under paragraph (1) shall
designate one such head and one such inspector general
to coordinate the conduct of such reports.
(d) Information Sharing Report.--Not later than 1 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--
(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 such information
sharing and distribution; and
(4) any other matters identified by such Inspectors General
that would help to fully inform Congress or the President
regarding the effectiveness and legality of cybersecurity
programs.
(e) 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 3 years; and
(B) on a reimbursable or nonreimbursable basis.
(f) Sunset.--The requirements and authorities of this section shall
terminate on December 31, 2012.
SEC. 341. SENSE OF THE SENATE ON A SUBCOMMITTEE RELATED TO INTELLIGENCE
APPROPRIATIONS.
(a) Findings.--Congress makes the following findings:
(1) The Select Committee on Intelligence of the Senate was
created by Senate Resolution 400 in the 94th Congress to
oversee and make continuing studies of the intelligence
activities of the United States.
(2) Senate Resolution 400 specifically required that the
Select Committee on Intelligence be composed of at least two
cross-over members, with one such member from each party, from
the Committee on Appropriations, the Committee on Armed
Services, Committee on Foreign Relations, and the Committee on
the Judiciary of the Senate, which would provide such
Committees with member insight into intelligence oversight
matters.
(3) The National Commission on Terrorist Attacks Upon the
United States (referred to in this section as the ``9/11
Commission'') conducted a lengthy review of the facts and
circumstances relating to the terrorist attacks of September
11, 2001, including those relating to the intelligence
community, law enforcement agencies, and the role of
congressional oversight and resource allocation.
(4) In its final report, the 9/11 Commission found that
under the Rules of the Senate and the House of Representatives
in effect at the time the report was completed, the committees
of Congress charged with oversight of the intelligence
activities lacked the power, influence, and sustained
capability to meet the daunting challenges faced by the
intelligence community of the United States.
(5) In its final report, the 9/11 Commission further found
that as long as oversight is governed by such rules of the
Senate and the House of Representatives, the people of the
United States will not get the security they want and need.
(6) In its final report, the 9/11 Commission further found
that a strong, stable, and capable congressional committee
structure is needed to give the intelligence community of the
United States appropriate oversight, support, and leadership.
(7) In its final report, the 9/11 Commission further found
that the reforms recommended by the 9/11 Commission in its
final report will not succeed if congressional oversight of the
intelligence community in the United States is not changed.
(8) The 9/11 Commission recommended structural changes to
Congress to improve the oversight of intelligence activities.
(9) Congress has enacted some of the recommendations made
by the 9/11 Commission and is considering implementing
additional recommendations of the 9/11 Commission.
(10) The Senate adopted Senate Resolution 445 in the 108th
Congress to address some of the intelligence oversight
recommendations of the 9/11 Commission by abolishing term
limits for the members of the Select Committee on Intelligence,
clarifying jurisdiction for intelligence-related nominations,
and streamlining procedures for the referral of intelligence-
related legislation, but other aspects of the 9/11 Commission
recommendations regarding fiscal oversight of intelligence have
not been implemented.
(11) In Senate Resolution 445 in the 108th Congress, the
Senate provided for the establishment of a Subcommittee on
Intelligence of the Committee on Appropriations and gave it
jurisdiction over funding for intelligence matters.
(12) There remains a need to improve congressional
oversight of the intelligence activities of the United States
and provide a strong, stable, and capable congressional
committee structure to provide the intelligence community
appropriate oversight, support, and leadership.
(13) There also remains a need to implement a key 9/11
Commission recommendation to make structural changes within
Congress to improve the oversight of intelligence activities
and provide vigilant legislative oversight to assure that such
activities are in conformity with the Constitution and laws of
the United States.
(b) Sense of the Senate on a Subcommittee Related to Intelligence
Appropriations.--It is the sense of the Senate that the Senate should
agree to a Resolution that amends section 402 of Senate Resolution 445,
108th Congress, agreed to October 9, 2004, as proposed in Senate
Resolution 665, 110th Congress, introduced on September 11, 2008, to
establish within the Committee on Appropriations of the Senate a
Subcommittee on Intelligence.
SEC. 342. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Report on Intelligence.--
(1) Repeal.--Section 109 of the National Security Act of
1947 (50 U.S.C. 404d) is repealed.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by striking the item relating to section 109.
(b) Annual and Special Reports on Intelligence Sharing With the
United Nations.--Section 112 of the National Security Act of 1947 (50
U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual Report on Progress in Auditable Financial Statements.--
(1) Repeal.--Section 114A of the National Security Act of
1947 (50 U.S.C. 404i-1) is repealed.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by striking the item relating to section 114A.
(d) Elimination of Reporting Requirement on Financial Intelligence
on Terrorist Assets.--
(1) In general.--Section 118 of the National Security Act
of 1947 (50 U.S.C. 404m) is amended--
(A) in the section heading, by striking
``semiannual report on'' and inserting ``emergency
notification regarding'';
(B) by striking subsection (a);
(C) by redesignating subsection (b) as subsection
(a);
(D) by striking subsection (c); and
(E) by redesignating subsection (d) as subsection
(b).
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by striking the item related to section 118 and
inserting the following:
``Sec. 118. Emergency notification regarding financial intelligence on
terrorist assets.''.
(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) Annual Report on Counterdrug Intelligence Matters.--Section 826
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed.
(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:
``(1) Requirement to submit.--Not later than February 1,
2010 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) not later than February
1, 2010 and every two years thereafter.''; and
(3) by redesignating paragraph (3) as paragraph (2).
(i) Conforming Amendments.--Section 507(a) of the National Security
Act of 1947 (50 U.S.C. 415b(a)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (A) and (B); and
(B) by redesignating subparagraphs (C) through (N)
as subparagraphs (A) through (L), respectively; and
(2) in paragraph (2), by striking subparagraph (D).
Subtitle E--Other Matters
SEC. 351. 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) 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 `element of the intelligence
community' means an element of the intelligence community listed in or
designated under section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).''.
SEC. 352. EXEMPTION OF DISSEMINATION OF TERRORIST IDENTITY INFORMATION
FROM FREEDOM OF INFORMATION ACT.
Section 119 of the National Security Act of 1947 (50 U.S.C. Section
404o) is amended by adding at the end the following new subsection:
``(k) Exemption of Dissemination of Terrorist Identity Information
From Freedom of Information Act.--(1) Terrorist identity information
disseminated for terrorist screening purposes shall be exempt from
disclosure under section 552 of title 5, United States Code.
``(2) In this section, the term `terrorist identity information'
means--
``(A) information from a database maintained by any element
of the Federal Government that would reveal whether an
individual has or has not been determined to be a known or
suspected terrorist or has or has not been determined to be
within the networks of contacts and support of a known or
suspected terrorist; and
``(B) information related to a determination as to whether
or not an individual is or should be included in the Terrorist
Screening Database or other screening databases based on a
determination that the individual is a known or suspected
terrorist.''.
SEC. 353. 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. 354. LIMITATION ON REPROGRAMMINGS AND TRANSFERS OF FUNDS.
(a) In General.--Paragraph (3) of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) is amended--
(1) in subparagraph (B), as amended by section 353, by
striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(D) the making available of such funds for such
activity complies with the requirements in subsection
(d);''.
(b) Procedures.--Such section 504 is further amended--
(1) by redesignating subsections (c), (d), (e), and (f), as
redesignated by section 334(2), as subsections (d), (e), (f),
and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Except as provided in paragraph (2), if following a notice
of intent to make funds available for a different activity under
subsection (a)(3)(C) one of the congressional intelligence committees
submits to the element of the intelligence community that will carry
out such activity a request for additional information on such
activity, such funds may not be made available for such activity under
subsection (a)(3) until such date, up to 90 days after the date of such
request, as specified by such congressional intelligence committee.
``(2) The President may waive the requirements of paragraph (1) and
make funds available for an element of the intelligence community to
carry out a different activity under subsection (a)(3) if the President
submits to the congressional intelligence committees a certification
providing that--
``(A) the use of such funds for such activity is necessary
to fulfill an urgent operational requirement, excluding a cost
overrun on the acquisition of a major system, of an element of
the intelligence community; and
``(B) such waiver is necessary so that an element of the
intelligence community may carry out such activity prior to the
date that funds would be made available under paragraph (1).''.
(c) Definitions.--Subsection (g) of such section 504, as
redesignated by subsection (b)(1) of this section, is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by redesignating paragraphs (1) and (2) as paragraphs
(1) and (2), respectively;
(3) by striking ``and'' at the end of paragraph (1), as
redesignated by paragraph (2) of this subsection; and
(4) by inserting after paragraph (2), as redesignated by
paragraph (2) of this subsection, the following:
``(3) the term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403); and''.
SEC. 355. 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''.
(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 for any modification of this
title for the purpose of improving legal protections for covert
agents,'' after ``measures to protect the identities of covert
agents,''.
SEC. 356. NATIONAL INTELLIGENCE PROGRAM BUDGET REQUEST.
(a) Finding.--Congress finds that the Report of the National
Commission on Terrorist Attacks Upon the United States (the ``9/11
Commission'') recommended that ``the overall amounts of money being
appropriated for national intelligence and to its component agencies
should no longer be kept secret'' and that ``Congress should pass a
separate appropriations act for intelligence, defending the broad
allocation of how these tens of billions of dollars have been assigned
among the varieties of intelligence work.''.
(b) National Intelligence Program Budget Request.--Section 601 of
the Implementing Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 415c) is amended by striking subsection (b) and inserting the
following:
``(b) Budget Request.--On the date that the President submits to
Congress the budget for a fiscal year required under 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.''.
SEC. 357. 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
(2) by inserting ``, evaluate the proper classification of
certain records,'' after ``certain records''.
SEC. 358. 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. 359. CORRECTING LONG-STANDING MATERIAL WEAKNESSES.
(a) Definitions.--In this section:
(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) 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 will not be
implemented prior to the end of fiscal year 2010.
(4) 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.
(5) Covered program.--The term ``covered program'' means--
(A) the Central Intelligence Agency Program;
(B) the Consolidated Cryptologic Program;
(C) the General Defense Intelligence Program;
(D) the National Geospatial-Intelligence Program;
or
(E) the National Reconnaissance Program.
(6) Senior intelligence management official.--The term
``senior intelligence management official'' means an official
within a covered element of the intelligence community who
holds a position--
(A)(i) for which the level of the duties and
responsibilities and the rate of pay are comparable to
that of a position--
(I) above grade 15 of the General Schedule
(as described in section 5332 of title 5,
United States Code); or
(II) at or above level IV of the Executive
Level (as described in section 5315 of title 5,
United States Code); or
(ii) as the head of a covered element of the
intelligence community; and
(B) which is compensated for employment with funds
appropriated pursuant to an authorization of
appropriations in this Act.
(b) Identification of Senior Intelligence Management Officials.--
(1) 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 identify each
senior intelligence management official of such element who is
responsible for correcting a long-standing, correctable
material weakness.
(2) Head of a covered element of the intelligence
community.--The head of a covered element of the intelligence
community may designate himself or herself as the senior
intelligence management official responsible for correcting a
long-standing, correctable material weakness.
(3) Requirement to update designation.--In the event a
senior intelligence management official identified under
paragraph (1) is determined by the head of the appropriate
covered element of the intelligence community to no longer be
responsible for correcting a long-standing, correctable
material weakness, the head of such element shall identify the
successor to such official not later than 10 days after the
date of such determination.
(c) Notification.--Not later than 10 days after the date that the
head of a covered element of the intelligence community has identified
a senior intelligence management official pursuant to subsection
(b)(1), the head of such element shall provide written notification of
such identification to the Director of National Intelligence and to
such senior intelligence management official.
(d) Independent Review.--
(1) Notification of correction of deficiency.--A senior
intelligence management official who has received a
notification under subsection (c) regarding a long-standing,
correctable material weakness shall notify the head of the
appropriate covered element of the intelligence community, not
later than 5 days after the date that such official determines
that the specified material weakness is corrected.
(2) Requirement for independent review.--
(A) In general.--Not later than 10 days after the
date a notification is provided under paragraph (1),
the head of the appropriate covered element of the
intelligence community shall appoint an independent
auditor to conduct an independent review to determine
whether the specified long-standing, correctable
material weakness has been corrected.
(B) Review already in process.--If an independent
review is already being conducted by an independent
auditor, the head of the covered element of the
intelligence community may approve the continuation of
such review to comply with subparagraph (A).
(C) Conduct of review.--A review conducted under
subparagraph (A) or (B) shall be conducted as
expeditiously as possible and in accordance with
generally accepted accounting principles.
(3) Notification of results of review.--Not later than 5
days after the date that a review required by paragraph (2) is
completed, the independent auditor shall submit to the head of
the covered element of the intelligence community, the Director
of National Intelligence, and the senior intelligence
management official involved a notification of the results of
such review.
(e) 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 of--
(1) that a senior intelligence management official is
identified under subsection (b)(1) and notified under
subsection (c); or
(2) the correction of a long-standing, correctable material
weakness, as verified by an independent review under subsection
(d)(2).
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.
(a) Responsibility of the Director of National Intelligence.--
Subsection (b) of section 102 of the National Security Act of 1947 (50
U.S.C. 403) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) by striking ``2004,'' and inserting ``2004
(Public Law 108-458; 50 U.S.C. 403 note),''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) conduct accountability reviews of elements of the
intelligence community and the personnel of such elements, if
appropriate.''.
(b) Tasking and Other Authorities.--Subsection (f) of section 102A
of 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) 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) 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 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(g)(1) of the
National Security Act of 1947 (50 U.S.C. 403-1(g)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) in carrying out this subsection, without regard to
any other provision of law (other than this Act and the
National Security Intelligence Reform Act of 2004 (title I of
Public Law 108-458; 118 Stat. 3643)), expend funds and make
funds available to other departments or agencies of the United
States for, and direct the development and fielding of, systems
of common concern related to the collection, processing,
analysis, exploitation, and dissemination of intelligence
information; and
``(H) for purposes of addressing critical gaps in
intelligence information sharing or access capabilities, have
the authority to transfer funds appropriated for a program
within the National Intelligence Program to a program funded by
appropriations not within the National Intelligence Program,
consistent with paragraphs (3) through (7) of subsection
(d).''.
(b) Authorities of Heads of Other Departments and Agencies.--
Notwithstanding any other provision of law, the head of any department
or agency of the United States is authorized to receive and utilize
funds made available to the department or agency by the Director of
National Intelligence pursuant to section 102A(g)(1) of the National
Security Act of 1947 (50 U.S.C. 403-1(g)(1)), as amended by subsection
(a), and receive and utilize any system referred to in such section
that is made available to the department or agency.
(c) Reports.--
(1) Requirement for reports.--Not later than February 1 of
each of the fiscal years 2011 through 2014, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report detailing the distribution of
funds and systems during the preceding fiscal year pursuant to
subparagraph (G) or (H) of section 102A(g)(1) of the National
Security Act of 1947 (50 U.S.C. 403-1(g)(1)), as added by
subsection (a).
(2) Content.--Each such report shall include--
(A) a listing of the agencies or departments to
which such funds or systems were distributed;
(B) a description of the purpose for which such
funds or systems were distributed; and
(C) a description of the expenditure of such funds,
and the development, fielding, and use of such systems
by the receiving agency or department.
SEC. 403. AUTHORITIES FOR INTERAGENCY FUNDING.
(a) In General.--Section 102A of the National Security Act of 1947
(50 U.S.C. 403-1), as amended by sections 303, 304, and 312, is further
amended by adding at the end the following new subsection:
``(x) Authorities for Interagency Funding.--(1) Notwithstanding
section 1346 of title 31, United States Code, or any other provision of
law prohibiting the interagency financing of activities described in
subparagraph (A) or (B), upon the request of the Director of National
Intelligence, any element of the intelligence community may use
appropriated funds to support or participate in the interagency
activities of the following:
``(A) National intelligence centers established by the
Director under section 119B.
``(B) Boards, commissions, councils, committees, and
similar groups that are established--
``(i) for a term of not more than 2 years; and
``(ii) by the Director.
``(2) No provision of law enacted after the date of the enactment
of the Intelligence Authorization Act for Fiscal Year 2010 shall be
construed to limit or supersede the authority in paragraph (1) unless
such provision makes specific reference to the authority in that
paragraph.''.
(b) Reports.--Not later than February 1 of each fiscal year 2011
through 2014, the Director of National Intelligence shall submit to the
congressional intelligence committees a report detailing the exercise
of any authority pursuant to subsection (x) of section 102A of the
National Security Act of 1947 (50 U.S.C. 403-1), as added by subsection
(a), during the preceding fiscal year.
SEC. 404. 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. 405. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY.
(a) In General.--Section 103E of the National Security Act of 1947
(50 U.S.C. 403-3e) is amended--
(1) in subsection (c)--
(A) by redesignating paragraph (5) as paragraph
(7);
(B) in paragraph (4), by striking ``and'' at the
end; and
(C) by inserting after paragraph (4) the following:
``(5) assist the Director in establishing goals for basic,
applied, and advanced research to meet the technology needs of
the intelligence community and to be executed by elements of
the intelligence community by--
``(A) systematically identifying, assessing, and
prioritizing the most significant intelligence
challenges that require technical solutions; and
``(B) examining options to enhance the
responsiveness of research programs;
``(6) submit to Congress an annual report on the science
and technology strategy of the Director; and''; and
(2) in paragraph (3) of subsection (d)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(B) in subparagraph (B), as so redesignated, by
inserting ``and prioritize'' after ``coordinate''; and
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) identify basic, advanced, and applied
research programs to be executed by elements of the
intelligence community;''.
(b) Sense of Congress on Supervision of the Director of Science and
Technology.--It is the sense of Congress that the Director of Science
and Technology of the Office of the Director of National Intelligence
should report only to a member of such Office who is appointed by the
President, by and with the consent of the Senate.
SEC. 406. 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'' after ``Chief Information
Officer'' the first place it appears.
SEC. 407. 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.) is amended by inserting after
section 103G the following new section:
``inspector general of the intelligence community
``Sec. 103H. (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
independently investigations, inspections, audits, and reviews
on programs 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) 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) 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.
``(d) Assistant Inspectors General.--Subject to applicable law and
the policies of the Director of National Intelligence, the Inspector
General 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 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) If the Director exercises the authority under paragraph (1),
the Director shall submit an appropriately classified statement of the
reasons for the exercise of such authority within 7 days to the
congressional intelligence committees.
``(3) The Director shall advise the Inspector General at the time a
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) 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 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 contract personnel, 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 material which 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 contract personnel, 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 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 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 daily rates not to
exceed the equivalent rate prescribed for grade 15 of the General
Schedule (as described in 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, whether statutory or
administrative, with oversight responsibility for an element or
elements of the intelligence community, the Inspector General of the
Intelligence Community and such other inspector or inspectors general
shall expeditiously resolve the question of which inspector general
shall conduct such investigation, inspection, audit, or review to avoid
unnecessary duplication of the activities of the Offices 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 an agency or department 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 agency or department for resolution.
``(2)(A) There is established the Intelligence Community Inspectors
General Forum, which shall consist of all statutory or administrative
inspectors general with oversight responsibility for an element or
elements of the intelligence community.
``(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 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 1 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.--The Inspector General of
the Intelligence Community shall--
``(1) appoint a Counsel to the Inspector General who shall
report to the Inspector General; or
``(2) 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.
``(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 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 or
assistance as may be necessary for carrying out the duties and
responsibilities of the Inspector General from any department, agency,
or other element of the United States Government.
``(B) Upon request of the Inspector General for information or
assistance under subparagraph (A), the head of the department, agency,
or element concerned shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the department, agency, or element, furnish to the Inspector General,
or to an authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community may, upon
reasonable notice to the head of any element of the intelligence
community 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.
``(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) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(B) an investigation, inspection, 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;
``(C) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by a
current or former official described in subparagraph (B);
``(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or
``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection,
audit, or review,
the Inspector General shall immediately notify, and submit a report to,
the congressional intelligence committees on such matter.
``(4) Pursuant to title V, 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 contract personnel 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 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
clause (i) does so in that member or employee's official capacity as a
member or employee of such committee.
``(E) The Inspector General shall notify an employee who reports a
complaint or information to the Inspector General under this paragraph
of each action taken under this paragraph with respect to the complaint
or information. Such notice shall be provided not later than 3 days
after any such action is taken.
``(F) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.
``(G) In this paragraph, the term `urgent concern' means any of the
following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the funding,
administration, or operation of an intelligence activity 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 (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with this
paragraph.
``(H) In support of this paragraph, Congress makes the findings set
forth in paragraphs (1) through (6) of section 701(b) of the
Intelligence Community Whistleblower Protection Act of 1998 (title VII
of Public Law 105-272; 5 U.S.C. App. 8H note).
``(I) Nothing in this section shall be construed to limit the
protections afforded to an employee under the Intelligence Community
Whistleblower Protection Act of 1988 (title VII of Public Law 105-272,
5 U.S.C. App. 8H note).
``(6) In accordance with section 535 of title 28, United States
Code, the Inspector General shall 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. 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, whether
statutory or administrative, having duties and responsibilities
relating to such element.
``(m) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures to be issued by the
Director in consultation with the congressional intelligence
committees, include in the National Intelligence Program budget a
separate account for the Office of Inspector General of the
Intelligence Community.
``(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--
``(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 of 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 by the Inspector General for
training;
``(C) the amounts requested to support of the Council of
the Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to the proposal.
``(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);
``(C) the amount requested by the Director for training for
personnel of the Office of the Inspector General;
``(D) the amount requested by the Director for support for
the Council of the Inspectors General on Integrity and
Efficiency; and
``(E) the comments of the Inspector General, if any, on the
amount requested pursuant to paragraph (2), including whether
such amount 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 is
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) 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. The Counsel to the Inspector General of the Intelligence
Community appointed pursuant to section 103H(i) of the National
Security Act of 1947 (50 U.S.C. 402 et seq.), as added by subsection
(a)(1), shall perform the functions as such Inspector General may
prescribe.
(d) Repeal of Superseded Authority To Establish Position.--
(1) In general.--Section 8K of the Inspector General Act of
1978 (5 U.S.C. App.) shall be repealed on the date that the
President nominates 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).
(2) Transition.--Notwithstanding the repeal of section 8K
of the Inspector General Act of 1978 (5 U.S.C. App.) pursuant
to paragraph (1), the individual serving as Inspector General
pursuant to such section 8K may continue such service until an
individual is appointed as the Inspector General of the
Intelligence Community, by and with the advice and consent of
the Senate, pursuant to such section 103H and assumes the
duties of that position.
SEC. 408. 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 407 of this Act, is
further amended by inserting after section 103H, as added by section
407(a)(1), the following new section:
``chief financial officer of the intelligence community
``Sec. 103I. (a) Chief Financial Officer of the Intelligence
Community.--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 shall be 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) establish and oversee 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 by this Act; and
``(B) contains specific goals and objectives to
support a performance-based budget;
``(4) ensure that--
``(A) current and future major system acquisitions
have validated national requirements for meeting the
strategic plan of the Director; and
``(B) such requirements are prioritized based on
budgetary constraints, as specified in the Future Year
Intelligence Plans and the Long-term Intelligence
Projections required by this Act;
``(5) prior to the obligation or expenditure of funds for
the acquisition of any major system pursuant to a Milestone A
or Milestone B decision, determine that such acquisition
complies with the requirements of paragraph (4);
``(6) ensure that the architectures of the Director are
based on budgetary constraints as specified in the Future Year
Intelligence Plans and the Long-term Budget Projections
required by this Act;
``(7) coordinate or approve representations made to
Congress by the intelligence community regarding National
Intelligence Program budgetary resources;
``(8) preside, or assist in presiding, over any mission
requirements, acquisition, or architectural board formed within
or by the Office of the Director of National Intelligence; and
``(9) perform such other duties as may be prescribed by the
Director of National Intelligence or specified by law.
``(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 the Chief
Financial Officers Act of 1990 (Public Law 101-576; 104 Stat. 2823) and
the amendments made by that Act.
``(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 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
``(2) The term `Milestone A' means a decision to enter into
concept refinement and technology maturity demonstration
pursuant to guidance issued by the Director of National
Intelligence.
``(3) The term `Milestone B' means a decision to enter into
system development, integration, and demonstration pursuant to
guidance prescribed by the Director of National
Intelligence.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947, as amended by section 406, is
further amended by inserting after the item relating to section 103H,
as added by section 407(a)(2) the following new item:
``Sec. 103I. Chief Financial Officer of the Intelligence Community.''.
SEC. 409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a) of the
National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
(1) by striking ``(a) Establishment.--Not later than 18
months after the date of the enactment of the National Security
Intelligence Reform Act of 2004, the'' and inserting the
following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the National
Counter Proliferation Center, who shall be appointed by the
Director of National Intelligence.
``(3) Location.--The National Counter Proliferation Center
shall be located within the Office of the Director of National
Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is
amended--
(1) by redesignating paragraph (9) as paragraph (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''.
SEC. 410. NATIONAL SPACE INTELLIGENCE OFFICE.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
``national space intelligence office
``Sec. 119C. (a) Establishment.--There is established within the
Office of the Director of National Intelligence a National Space
Intelligence Office.
``(b) Director of National Space Intelligence Office.--The National
Intelligence Officer for Science and Technology, or a successor
position designated by the Director of National Intelligence, shall act
as the Director of the National Space Intelligence Office.
``(c) Missions.--The National Space Intelligence Office shall have
the following missions:
``(1) To coordinate and provide policy direction for the
management of space-related intelligence assets.
``(2) To prioritize collection activities consistent with
the National Intelligence Collection Priorities framework, or a
successor framework or other document designated by the
Director of National Intelligence.
``(3) To provide policy direction for programs designed to
ensure a sufficient cadre of government and nongovernment
personnel in fields relating to space intelligence, including
programs to support education, recruitment, hiring, training,
and retention of qualified personnel.
``(4) To evaluate independent analytic assessments of
threats to classified United States space intelligence systems
throughout all phases of the development, acquisition, and
operation of such systems.
``(d) Access to Information.--The Director of National Intelligence
shall ensure that the National Space Intelligence Office has access to
all national intelligence information (as appropriate), and such other
information (as appropriate and practical), necessary for the Office to
carry out the missions of the Office under subsection (c).
``(e) Separate Budget Account.--The Director of National
Intelligence shall include in the National Intelligence Program budget
a separate line item for the National Space Intelligence Office.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 119B
the following new item:
``Sec. 119C. National Space Intelligence Office.''.
(b) Report on Organization of Office.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the National
Space Intelligence Office shall submit to the Select Committee
on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives a
report on the organizational structure of the National Space
Intelligence Office established by section 119C of the National
Security Act of 1947 (as added by subsection (a)).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The proposed organizational structure of the
National Space Intelligence Office.
(B) An identification of key participants in the
Office.
(C) A strategic plan for the Office during the 5-
year period beginning on the date of the report.
SEC. 411. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) In General.--Title VII of the National Security Act of 1947 (50
U.S.C. 431 et seq.) is amended by adding at the end the following new
section:
``operational files in the office of the director of national
intelligence
``Sec. 706. (a) Records From Exempted Operational Files.--(1) Any
record disseminated or otherwise provided to the Office of the Director
of National Intelligence from the exempted operational files of
elements of the intelligence community designated in accordance with
this title, and any operational files created by the Office of the
Director of National Intelligence that incorporate such record in
accordance with subparagraph (A)(ii), shall be exempted from the
provisions of section 552 of title 5, United States Code, that require
search, review, publication, or disclosure in connection therewith, in
any instance in which--
``(A)(i) such record is shared within the Office of the
Director of National Intelligence and not disseminated by that
Office beyond that Office; or
``(ii) such record is incorporated into new records created
by personnel of the Office of the Director of National
Intelligence and maintained in operational files of the Office
of the Director of National Intelligence and such record is not
disseminated by that Office beyond that Office; and
``(B) the operational files from which such record has been
obtained continue to remain designated as operational files
exempted from section 552 of title 5, United States Code.
``(2) The operational files of the Office of the Director of
National Intelligence referred to in paragraph (1)(A)(ii) shall be
substantially similar in nature to the originating operational files
from which the record was disseminated or provided, as such files are
defined in this title.
``(3) Records disseminated or otherwise provided to the Office of
the Director of National Intelligence from other elements of the
intelligence community that are not protected by paragraph (1), and
that are authorized to be disseminated beyond the Office of the
Director of National Intelligence, shall remain subject to search and
review under section 552 of title 5, United States Code, but may
continue to be exempted from the publication and disclosure provisions
of that section by the originating agency to the extent that such
section permits.
``(4) Notwithstanding any other provision of this title, records in
the exempted operational files of the Central Intelligence Agency, the
National Geospatial-Intelligence Agency, the National Reconnaissance
Office, the National Security Agency, or the Defense Intelligence
Agency shall not be subject to the search and review provisions of
section 552 of title 5, United States Code, solely because they have
been disseminated to a component of the Office of the Director of
National Intelligence, or referenced in operational files of the Office
of the Director of National Intelligence and that are not disseminated
beyond the Office of the Director of National Intelligence.
``(5) Notwithstanding any other provision of this title, the
incorporation of records from the operational files of the Central
Intelligence Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, the National Security Agency, or the
Defense Intelligence Agency, into operational files of the Office of
the Director of National Intelligence shall not subject that record or
the operational files of the Central Intelligence Agency, the National
Geospatial-Intelligence Agency, the National Reconnaissance Office, the
National Security Agency or the Defense Intelligence Agency to the
search and review provisions of section 552 of title 5, United States
Code.
``(b) Other Records.--(1) Files in the Office of the Director of
National Intelligence that are not exempted under subsection (a) of
this section which contain information derived or disseminated from
exempted operational files shall be subject to search and review under
section 552 of title 5, United States Code.
``(2) The inclusion of information from exempted operational files
in files of the Office of the Director of National Intelligence that
are not exempted under subsection (a) shall not affect the exemption of
the originating operational files from search, review, publication, or
disclosure.
``(3) Records from exempted operational files of the Office of the
Director of National Intelligence which have been disseminated to and
referenced in files that are not exempted under subsection (a), and
which have been returned to exempted operational files of the Office of
the Director of National Intelligence for sole retention, shall be
subject to search and review.
``(c) Search and Review for Certain Purposes.--Notwithstanding
subsection (a), exempted operational files shall continue to be subject
to search and review for information concerning any of the following:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code.
``(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code.
``(3) The specific subject matter of an investigation 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.
``(d) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of National Intelligence shall
review the operational files exempted under subsection (a) to determine
whether such files, or any portion of such files, may be removed from
the category of exempted files.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of the particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant that alleges that 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) Applicability.--The Director of National Intelligence shall
publish a regulation listing the specific components within the Office
of the Director of National Intelligence from which records may be
exempted from search and review under this section.
``(g) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as provided in paragraph (2), whenever any person
who has requested agency records under section 552 of title 5, United
States Code, alleges that the Office of the Director of National
Intelligence has withheld records improperly because of failure to
comply with any provision of this section, judicial review shall be
available under the terms set forth in section 552(a)(4)(B) of title 5,
United States Code.
``(2) Judicial review shall not be available in the manner provided
for under paragraph (1) as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive order to
be kept secret in the interests of national defense or foreign
relations is filed with, or produced for, the court by the
Office of the Director of National Intelligence, such
information shall be examined ex parte, in camera by the court.
``(B) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written
submissions of the parties.
``(C) When a complainant alleges that requested records are
improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission based upon personal
knowledge or otherwise admissible evidence.
``(D)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Office of the Director of National
Intelligence shall meet its burden under section 552(a)(4)(B)
of title 5, United States Code, by demonstrating to the court
by sworn written submission that exempted operational files
likely to contain responsive records currently meet the
criteria set forth in subsection (a).
``(ii) The court may not order the Office of the Director
of National Intelligence to review the content of any exempted
operational file or files in order to make the demonstration
required under clause (i), unless the complainant disputes the
Office's showing with a sworn written submission based on
personal knowledge or otherwise admissible evidence.
``(E) In proceedings under subparagraph (C) or (D), 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.
``(F) If the court finds under this subsection that the
Office of the Director of National Intelligence has improperly
withheld requested records because of failure to comply with
any provision of this section, the court shall order the Office
to search and review the appropriate exempted operational file
or files for the requested records and make such records, or
portions thereof, available in accordance with the provisions
of section 552 of title 5, United States Code, and such order
shall be the exclusive remedy for failure to comply with this
section.
``(G) If at any time following the filing of a complaint
pursuant to this paragraph the Office of the Director of
National Intelligence agrees to search the appropriate exempted
operational file or files for the requested records, the court
shall dismiss the claim based upon such complaint.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 705 the following new item:
``Sec. 706. Operational files in the Office of the Director of National
Intelligence.''.
SEC. 412. 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. 413. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF NATIONAL
INTELLIGENCE AND THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (j) of section 552a of title 5, United States Code, is
amended--
(1) in paragraph (1), by striking ``or'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) maintained by the Office of the Director of National
Intelligence; or''.
SEC. 414. 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'';
(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.''.
(b) Annual Report.--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--
(1) a description of each such advisory committee,
including the subject matter of the committee; and
(2) a list of members of each such advisory committee.
SEC. 415. 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. 416. 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 (title IX of Public Law
107-306; 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)''.
SEC. 417. MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
NAME, INITIALS, OR SEAL.
(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.
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 the following new sentence:
``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
in the contract as the Board to which such an appeal may be made; and
the Board so specified shall have jurisdiction to decide that
appeal.''.
SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment and Duties of the Position of Deputy Director of
Central Intelligence Agency.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by adding after section
104A the following:
``SEC. 104B. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
``(a) Deputy Director of Central Intelligence Agency.--There is a
Deputy Director of the Central Intelligence Agency who shall be
appointed by the President, by and with the consent of the Senate.
``(b) Duties of Deputy Director of Central Intelligence Agency.--
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
``(2) act for, and exercise the powers of, the Director of
the Central Intelligence Agency during the absence or
disability of the Director of the Central Intelligence Agency,
or during a vacancy in the position of Director of the Central
Intelligence Agency.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 104A
the following:
``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.
(b) Executive Schedule III.--Section 5314 of Title 5, United States
Code, is amended by striking the item relating to the Deputy Directors
of the Central Intelligence Agency (2) and inserting the following:
``Deputy Director of the Central Intelligence Agency.''.
(c) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect on the date of the enactment of this
Act and shall apply upon 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, 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, by and with the advice and
consent of the Senate, assumes the duties of such position; or
(2) the date of the cessation of the performance of the
duties of Deputy Director of the Central Intelligence Agency by
the individual administratively performing such duties as of
the date of the enactment of this Act.
SEC. 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
sentence 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.''.
(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) is
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 ``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:
``(8) The Inspector General shall--
``(A) 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) 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. The Counsel to the Inspector General of
the Central Intelligence Agency appointed pursuant to section
17(e)(8) of the Central Intelligence Agency Act of 1949, as
added by such paragraph, shall perform the functions as such
Inspector General may prescribe.
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:
``(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 of 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 for
training;
``(C) the amounts requested to support of the Council of
the Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to the proposal.
``(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);
``(C) the amount requested by the Director of National
Intelligence for training for personnel of the Office;
``(D) the amount requested by the Director of National
Intelligence for support for the Council of the Inspectors
General on Integrity and Efficiency; and
``(E) the comments of the Inspector General, if any, on the
amount requested pursuant to paragraph (3), including whether
such amount 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 information gained from high-value
detainee reporting 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. 8G) is amended--
(1) by inserting ``the Defense Intelligence Agency,'' after
``the Corporation for Public Broadcasting,'';
(2) by inserting ``the National Geospatial-Intelligence
Agency,'' after ``the National Endowment for the 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. 8H) is amended by adding at the end the following new
paragraph:
``(3) The Inspectors General of the Defense Intelligence Agency,
the National Geospatial-Intelligence Agency, the National
Reconnaissance Office, and the National Security Agency shall be
designees of the Inspector General of the Department of Defense for
purposes of this section.''.
(c) Power of Heads of Elements Over Investigations.--Subsection (d)
of section 8G of such Act (5 U.S.C. App. 8G) 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 the authority not later than 7 days after
the exercise of the authority.
``(C) 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 the Inspector General with a
copy of such statement. The Inspector General may submit to such
committees of Congress any comments on a notice or statement received
by the Inspector General under this subparagraph that the Inspector
General considers appropriate.
``(D) The elements of the intelligence community specified in this
subparagraph are as follows:
``(i) The Defense Intelligence Agency.
``(ii) The National Geospatial-Intelligence Agency.
``(iii) The National Reconnaissance Office.
``(iv) The National Security Agency.
``(E) The committees of Congress specified in this subparagraph
are--
``(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.
SEC. 432. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN COMPONENTS OF
THE INTELLIGENCE COMMUNITY.
(a) Director of National Security Agency.--The National Security
Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting after
the first section the following new section:
``Sec. 2. (a) There is a Director of the National Security Agency.
``(b) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(c) The Director of the National Security Agency shall be the
head of the National Security Agency and shall discharge such functions
and duties as are provided by this Act or otherwise by law.''.
(b) Director of National Geospatial-Intelligence Agency.--Section
441(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of the National Geospatial-Intelligence Agency
shall be appointed by the President, by and with the advice and consent
of the Senate.''.
(c) Director of National Reconnaissance Office.--The Director of
the National Reconnaissance Office shall be appointed by the President,
by and with the advice and consent of the Senate.
(d) Positions of Importance and Responsibility.--
(1) Designation of positions.--The President may designate
any of the positions referred to in paragraph (2) as positions
of importance and responsibility under section 601 of title 10,
United States Code.
(2) Covered positions.--The positions referred to in this
paragraph are as follows:
(A) The Director of the National Security Agency.
(B) The Director of the National Geospatial-
Intelligence Agency.
(C) The Director of the National Reconnaissance
Office.
(e) Effective Date and Applicability.--
(1) In general.--The amendments made by subsections (a) and
(b), and subsection (c), shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(A) the date of the nomination by the President of
an individual to serve in the position concerned,
except that the individual serving in such position as
of the date of the enactment of this Act may continue
to perform such duties after such date of nomination
and until the individual appointed to such position, by
and with the advice and consent of the Senate, assumes
the duties of such position; or
(B) the date of the cessation of the performance of
the duties of such position by the individual
performing such duties as of the date of the enactment
of this Act.
(2) Positions of importance and responsibility.--Subsection
(d) shall take effect on the date of the enactment of this Act.
SEC. 433. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY FOR ANALYSIS AND
DISSEMINATION OF CERTAIN INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National Intelligence, the
National Geospatial-Intelligence Agency shall also develop a system to
facilitate the analysis, dissemination, and incorporation of
likenesses, videos, and presentations produced by ground-based
platforms, including handheld or clandestine photography taken by or on
behalf of human intelligence collection organizations or available as
open-source information, into the National System for Geospatial
Intelligence.
``(B) The authority provided by this paragraph does not include
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. 434. DEFENSE INTELLIGENCE AGENCY COUNTERINTELLIGENCE AND
EXPENDITURES.
Section 105 of the National Security Act of 1947 (50 U.S.C. 403-5)
is amended--
(1) in subsection (b)(5), by inserting ``and
counterintelligence'' after ``human intelligence'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Expenditure of Funds by the Defense Intelligence Agency.--(1)
The amounts made available to the Director of the Defense Intelligence
Agency for human intelligence and counterintelligence activities may be
expended for objects of a confidential, extraordinary, or emergency
nature, without regard to the provisions of law or regulation relating
to the expenditure of Government funds, if accounted for by a
certificate made by Director of the Defense Intelligence Agency. Each
such certificate shall be deemed a sufficient voucher for the amount
certified.
``(2) Not later than December 1 of each year, the Director of the
Defense Intelligence Agency shall submit to the congressional
intelligence committees a report on any expenditures made during the
preceding fiscal year pursuant to the authority described in paragraph
(1).''.
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--
(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) 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, 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 of the 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 of installments linked to completion of periods of
service.'';
(4) in subsection (d), by striking ``retention bonus'' and
inserting ``bonus paid under this section''; and
(5) by striking subsection (e).
SEC. 444. EXTENDING 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) is amended 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) is amended 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).
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 a report describing--
(A) a long-term vision for the intelligence
capabilities of the Bureau's National Security Branch;
(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 5-year period
beginning on the date the report is submitted;
(C) a description--
(i) of the internal reforms that were
carried out at the National Security Branch
during the 2-year period ending on the date 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 policy-makers 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
Branch's objectives and strategies;
(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;
(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 culture of the National
Security Branch, including its integration of
intelligence analysts and other professional
staff into intelligence collection operations
and its success in ensuring that intelligence
and threat information drive its operations;
and
(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 National Security
Branch's performance on such tasks improves.
(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 each of the
following 5 years, the Director of National Intelligence, in
consultation with the Director of the Federal Bureau of
Investigation, shall submit to the congressional intelligence
committees an assessment of the progress of the National
Security Branch in performing the tasks referred to in clauses
(i) through (vi) of subsection (a)(2)(D) in comparison to its
performance of such tasks 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 accomplishing 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 agency or
department.
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; 22 U.S.C. 7301 et seq.) is amended by striking
sections 321, 322, 323, and 324, and inserting the following:
``SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
``(a) Reorganization.--The Diplomatic Telecommunications Service
(hereinafter in this subtitle referred to as `DTS') shall be
reorganized in accordance with this subtitle.
``(b) In General.--The DTS encompasses the Diplomatic
Telecommunications Service Program Office (hereinafter in this subtitle
referred to as `DTS-PO') and the DTS Network. The DTS Network is a
worldwide telecommunications network supporting all United States
Government agencies and departments operating from diplomatic and
consular facilities abroad.
``(c) Purposes.--The purpose and duties of DTS-PO is to implement 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 agencies and departments operating from
diplomatic and consular facilities abroad, including national security
needs for secure, reliable and robust communications capabilities.
``SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE
GOVERNANCE BOARD.
``(a) Governance Board.--
``(1) Establishment.--There is hereby established the
Diplomatic Telecommunications Service Governance Board
(hereinafter in this subtitle referred to as the `Governance
Board') for the purpose of directing and overseeing the
activities and performance of the DTS Program Office. The heads
of the departments and agencies, designated by the Director of
the Office of Management and Budget from among the departments
and agencies that use the DTS Network, shall appoint the
members of the Governance Board from the personnel of those
departments and agencies so designated.
``(2) Designation of an executive agent.--The Director of
the Office of Management and Budget shall also designate, from
among the departments and agencies that use the DTS Network,
the department or agency which shall be the DTS-PO Executive
Agent.
``(3) 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 DTS-PO. Such
implementing arrangements may be classified if appropriate in
accordance with criteria established by applicable law or
Executive Orders.
``(b) Membership.--
``(1) In general.--
``(A) The Governance Board shall include voting
members and nonvoting members.
``(B) The voting members shall consist of a Chair,
who shall be designated by the Director of the Office
of Management and Budget, and four other members from
the departments and agencies that use the DTS Network.
``(C) The non-voting members shall be
representative of DTS customer organizations and shall
act in an advisory capacity.
``(c) Chair Duties and Authorities.--The Governance Board Chair
shall preside over all meetings and deliberations of the Governance
Board and provide its Secretariat functions. The Governance Board Chair
shall 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 three-
fifths majority of the voting membership. Meetings will be convened at
least four times each year to carry out its functions. The Chair or any
voting member may convene a meeting of the Governance Board.
``(e) Governance Board Duties and Authorities.--The Governance
Board shall have the following duties and authorities with respect to
DTS-PO, in addition to any other duties and authorities granted to the
Board pursuant to law:
``(1) To approve and monitor DTS-PO's plans, services,
priorities, policies, and pricing methodology for bandwidth
costs and customer-driven projects.
``(2) To recommend to the DTS-PO Executive Agent the
Governance Board's approval, disapproval, or modification of
DTS-PO's annual budget requests.
``(3) To review DTS-PO's performance against approved
plans, its management activities and internal controls.
``(4) To require from 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 DTS-PO.
``(6) To approve or disapprove the Executive Agent's
nomination of the Director of DTS-PO with a three-fifths
majority vote of the Governance Board.
``(7) To recommend to the Executive Agent the replacement
of the Director of DTS-PO with a three-fifths 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.
``SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNICATION 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 DTS-PO. Funds appropriated for allocation
to DTS-PO shall be made available to DTS-PO for a period of two fiscal
years.
``(b) Customer Fees.--DTS-PO shall charge customers for only those
bandwidth costs attributable to the agency or department and for
specific customer-driven projects, as set forth in section 322(e)(1),
for which amounts have not been appropriated for allocation to DTS-PO.
DTS-PO is authorized to directly receive customer payments and to
invoice customers for the fees under this section either in advance of,
or upon or after, providing the bandwidth or performing the specific
customer-driven projects. Such funds received from DTS customers shall
be made available to DTS-PO for a period of two fiscal years.''.
(2) Table of contents amendment.--The table of contents in
section 1 of the Intelligence Authorization Act for Fiscal Year
2001 (Public Law 106-567) is amended by striking the items
relating to sections 321, 322, 323, and 324 and inserting the
following:
``Sec. 321. Diplomatic Telecommunications Service Program Office.
``Sec. 322. Establishment of the Diplomatic Telecommunications Service
Governance Board.
``Sec. 323. Funding of the Diplomatic Telecommunication Service.''.
(b) Conforming Amendments.--
(1) Repeal of suspension of reorganization.--The
Intelligence Authorization Act for Fiscal Year 2002 (Public Law
107-108; 22 U.S.C. 7301 note) is amended by striking section
311.
(2) Repeal of reform.--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 that Act; 113 Stat.
1501A-405)) is amended by striking section 305.
(3) Repeal of reporting requirements.--Section 507(b) of
the National Security Act of 1947 (50 U.S.C. 415b(b)) is
amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4), (5), and (6)
as paragraphs (3), (4), and (5), respectively.
TITLE VI--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) 2005 national intelligence strategy.--The term ``2005
National Intelligence Strategy'' means the National
Intelligence Strategy of the United States of America released
by the Director of National Intelligence on October 26, 2005.
(2) 2006 annual report of the united states intelligence
community and 2006 annual report.--The terms ``2006 Annual
Report of the United States Intelligence Community'' and ``2006
Annual Report'' mean the 2006 Annual Report of the United
States Intelligence Community released by the Director of
National Intelligence in February 2007.
(3) Commission.--The term ``Commission'' means the Foreign
Intelligence and Information Commission established in section
604(a).
(4) 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).
(5) 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 Government of the United
States who are not employed by an element of the intelligence
community, including public and open-source information.
(6) Strategic plan of the department of state.--The term
``Strategic Plan of the Department of State'' means the
Strategic Plan for Fiscal Years 2007-2012 of the Department of
State and the United States Agency for International
Development revised on May 7, 2007.
SEC. 603. FINDINGS.
Congress makes the following findings:
(1) Accurate, timely, and comprehensive foreign
intelligence and information are critical to the national
security of United States and the furtherance of the foreign
policy goals of the United States.
(2) It is in the national security and foreign policy
interest of the United States to ensure the global deployment
of personnel of the Government of the United States who are
responsible for collecting and reporting foreign intelligence
and information, including personnel from the intelligence
community, the Department of State, and other agencies and
departments of the Government of the United States, and that
adequate resources are committed to effect such collection and
reporting.
(3) The 2005 National Intelligence Strategy and the 2006
Annual Report of the United States Intelligence Community
identified 5 major missions of the intelligence community to
support the national security requirements of the United
States, the first 2 of which, defeating terrorism and
preventing and countering the spread of weapons of mass
destruction, are global and transnational in nature.
(4) The third major mission identified by the 2005 National
Intelligence Strategy and the 2006 Annual Report, bolstering
the growth of democracy and sustaining peaceful democratic
states, requires a global commitment of collection, reporting,
and analytical capabilities.
(5) The 2005 National Intelligence Strategy and the 2006
Annual Report identify as a major mission the need to
``anticipate developments of strategic concern and identify
opportunities as well as vulnerabilities for decision makers''.
(6) The 2006 Annual Report provides the following:
(A) ``In a world in which developments in distant
reaches of the globe can quickly affect American
citizens and interests at home and abroad, the
Intelligence Community must alert policy makers to
problems before they escalate and provide insights into
their causes and effects. Analysis must do more than
just describe what is happening and why; it must
identify a range of opportunities for (and likely
consequences of) diplomatic, military, law enforcement,
economic, financial, or homeland security action. To
support policymakers, the Intelligence Community should
develop, sustain, and maintain access to expertise on
every region, every transnational security issue, and
every threat to the American people.''.
(B) ``We still need to re-balance, integrate, and
optimize collection capabilities to meet current and
future customer and analytic priorities. Collection is
. . . what gives the [Intelligence Community] its
`competitive advantage' in protecting the United States
and its interests.''.
(C) ``One challenge to improving the coverage of
emerging and strategic issues across the Intelligence
Community has been the diversion of resources to
current crisis support . . .''.
(D) ``Collection against terrorists in places like
Iraq and Afghanistan took a substantial share of the
[Intelligence Community's] resources and efforts in FY
2006.''.
(E) ``With so many [Intelligence Community]
resources dedicated to the War on Terror and WMD
programs in closed regimes, the [Intelligence]
Community's collection efforts still have to devote
significant attention to potential or emerging threats
of strategic consequence.''.
(7) On January 23, 2007, the Deputy Director of National
Intelligence for Collection testified to the Select Committee
on Intelligence of the Senate that there is a ``need to get the
Intelligence Community back to what I grew up calling global
reach'', stating that ``we don't have that today''. She further
testified that ``our challenge is . . . with [Congress] help
[to get back] to a place where we can do global reach, and pay
attention to places that we are not.''.
(8) On February 14, 2008, the Director of National
Intelligence testified to the Select Committee on Intelligence
of the Senate that ``certainly current crisis support takes a
disproportionate share'' of intelligence resources over
emerging and strategic issues.
(9) In responses to questions posed by the Select Committee
on Intelligence of the Senate in advance of the February 5,
2009 hearing on the nomination of Leon Panetta to be Director
of the Central Intelligence Agency, Mr. Panetta stated that ``I
am also concerned that we have not devoted sufficient resources
to a broader set of national intelligence challenges - such as
Russia, China, the global economic downturn, as well as
unstable and weak governments in places such as Africa and
Latin America.''.
(10) On February 12, 2009, the Director of National
Intelligence testified to the Select Committee on Intelligence
of the Senate that ``I'd say the most significant gaps are the
areas that are not traditional state threats, that we have not
figured out the right way to collect information and we have
not grown the analysts to do it. . .. We're not as good with
non-state actors.''.
(11) On March 26, 2009, the Director of National
Intelligence stated that ``We re-evaluate that National
Intelligence Priority Framework formally ever six months and
informally, as we have. And its quite remarkable, if you - you
know those time-lapse pictures where things change? If you
showed a time-lapse picture of that National Intelligence
Priority Framework, you'd see, sort of, colors shifting over
time as things came up, in terms of their threat or in terms of
an opportunity that they - so I just, I think it's a mistake to
tie us down to, this is my important priority. There are
enduring things we have to spend a lot of time on because you
can't instantly generate intelligence about a country that's
very good at keeping its secrets that you know is going to be a
factor for a long time. And we have to work on those - we have
to work on those every time. We have to keep an excellent
baseline understanding of what's going on in the world, but
then we need to be able to flex.''.
(12) The National Commission on Terrorist Attacks Upon the
United States (hereinafter referred to as the ``9/11
Commission'') reported that ``To find sanctuary, terrorist
organizations have fled to some of the least governed, most
lawless places in the world. The intelligence community has
prepared a world map that highlights possible terrorist havens,
using no secret intelligence - just indicating areas that
combine rugged terrain, weak governance, room to hide or
receive supplies, and low population density with a town or
city near enough to allow necessary interaction with the
outside world. Large areas scattered around the world meet
these criteria.''.
(13) The 9/11 Commission recommended that the ``U.S.
government must identify and prioritize actual or potential
terrorist sanctuaries. For each, it should have a realistic
strategy to keep possible terrorists insecure and on the run,
using all elements of national power. We should reach out,
listen to, and work with other countries that can help.''.
(14) On May 6, 2008, the Acting Director of the National
Counterterrorism Center testified to the Select Committee on
Intelligence of the Senate that ``I wish I had more resources
to dedicate to longer-term threats, absolutely,'' that ``much
of the information about the instability that can lead to safe
havens or ideological radicalization comes not from covert
collection but from open collection, best done by Foreign
Service officers,'' and that there should be ways to direct
resources toward whoever is best positioned to learn about
safe-haven conditions.
(15) On November 1, 2005, the Director of National
Intelligence Open Source Center was established with functions
that ``include collection, analysis and research, training, and
information technology management to facilitate government-wide
access and use'' of openly available information.
(16) The Strategic Plan of the Department of State provides
as a strategic goal that ``Our diplomatic and development
activities will reduce the threat or impact of violent conflict
by developing early warning . . . capability.''.
(17) On January 22, 2009, James Steinberg, a nominee to be
Deputy Secretary of State, testified to the Committee on
Foreign Relations of the Senate that ``if we're going to be
effective in this move towards smart power, then we have to
understand how we reprioritize our resources to be able to
achieve that. . . If we only think about the crisis of the
moment, then we're not prepared as new challenges emerge. And
we've seen this time and time again, that issues that were not
immediately on the radar screen don't get the attention they
deserve. . .. So the idea of looking forward and trying to
figure out over the long term where our priorities need to be,
how do we anticipate some of these challenges, and then judge
how we have sort of assigned resources to take care of not only
those current needs but also those long-term challenges I think
has to be very important and part of a strategic planning
strategy. . . although we have a very strong intelligence
community, that there is a tremendous resource of people who've
lived and worked out in the countries that we're dealing with
and that, for a variety of reasons, the intelligence community
is not always the best equipped to do that. They bring their
own special skills. But the Foreign Service officers, and also
people from outside the government, are enormous sources of
information and value. And we need to find better ways, in my
judgment, to have more contact with people in the private
sector, from the NGOs, from the business community, from
universities and the like, as part of our being able to touch
and feel what's going on the ground.''.
(18) On January 22, 2009, Jacob Lew, a nominee to be Deputy
Secretary of State, testified to the Committee on Foreign
Relations of the Senate that ``I believe strongly that
resources have to follow priorities. The decision of where we
need to be and what kinds of skills we need have to fit into a
comprehensive strategy. . .. We need to work with our other
Cabinet agency partners. There are 20 government agencies that
have resources that work in or through our embassies. We don't
need to recreate the wheel; we need to cooperate with each
other and make sure that we have enough Foreign Service, civil
service and locally engaged staff so that we can effectively
coordinate the efforts that the United States puts on the
ground. I think that it all begins with the strategic planning
process. If we don't have a clear vision of what we need and
what we want, were not going to be able to make the right
resource allocation decisions. And we have to be able to look
beyond this week, next week, or even next year. . .. We need to
reach not just into the building but all the way into the field
and make it clear that we have every intention of bringing the
resources of the State Department to bear as we deal with these
kinds of problems and challenges abroad, that we have knowledge
in our embassies, in our consulates, about a range of issues,
not just political issues -- economic issues, scientific
issues, cultural issues -- that give us the broadest
understanding of what's going on in an increasingly global
world.''.
(19) The Legal Attache offices and sub-offices of the
Federal Bureau of Investigation are currently located in 75
cities around the world, providing coverage for more than 200
countries, territories, and islands.
(20) On October 4, 2007, Thomas V. Fuentes, Assistant
Director of the Federal Bureau of Investigation for Office of
International Operations, testified to the Subcommittee on
Border, Maritime, and Global Counterterrorism of the Committee
on Homeland Security of the House of Representatives that the
``core mission'' of the Legal Attache offices ``is to establish
and maintain liaison with principal law enforcement and
security services in designated foreign countries. . .
enabl[ing] the FBI to effectively and expeditiously conduct its
responsibilities in combating international terrorism,
organized crime, cyber crime, and general criminal matters,''
and that while ``they do not conduct foreign intelligence
gathering,'' ``typical duties'' include . . . ``conducting
investigations in coordination with the host government;
sharing investigative leads and information; briefing Embassy
counterparts from other agencies, including law enforcement
agencies, as appropriate, and Ambassadors. . . providing
situation reports concerning cultural protocol; [and] assessing
political and security climates.''.
(21) The July 2008 Preliminary Findings by the Project on
National Security Reform, entitled ``Enduring Security in an
Unpredictable World: the Urgent Need for National Security
Reform,'' included the following:
(A) The lack of a national security strategy that
clearly links ends, ways, and means and assigned roles
and responsibilities to each department has encouraged
a proliferation of department-level strategies. These
department strategies are uncoordinated and do not
systematically generate capabilities required for
national objectives
(B) The resource allocation process is not driven
by any overall national plan or strategy for achieving
broad objectives, and the results or effectiveness of
the budgeting process cannot be measured against such
objectives.
(C) The national security system tends to
overemphasize traditional security threats and under
emphasize emerging challenges.
SEC. 604. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.
(a) Establishment.--There is established in the legislative branch
a Foreign Intelligence and Information Commission.
(b) Functions.--The Commission shall--
(1) evaluate any 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 include the development of an inter-
agency strategy that identifies--
(A) the collection, reporting, and analysis
requirements of the United States Government;
(B) the elements of the United States Government
best positioned to meet collection and reporting
requirements;
(C) collection and reporting missions for the
intelligence community and other elements of the United
States Government based on the requirements of the
United States Government, comparative institutional
advantages, and other relevant factors;
(D) analytical capabilities needed to achieve the
requirements of the United States Government; and
(E) inter-agency 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 aimed at
providing global coverage and anticipating future threats,
challenges, and crises;
(4) provide recommendations on how to incorporate into the
inter-agency strategy the means to anticipate future threats,
challenges, and crises, including by identifying and supporting
collection, reporting, and analytical capabilities which are
global in scope and which are 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 inter-agency 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 outside the intelligence community deployed
overseas;
(7) provide recommendations related to the role of
individual country missions in contributing to the inter-agency
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 related to the establishment of
any new executive branch entity, or the expansion of the
authorities of any existing executive branch entity, as needed
to improve the strategic integration described in paragraph (1)
and develop and oversee the implementation of the inter-agency
strategy;
(10) provide recommendations on any legislative changes
necessary to establish any new entity or to expand the
authorities of any existing entity, as described in paragraph
(9);
(11) 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 inter-agency strategy and for
congressional oversight of the development and implementation
of the strategy; and
(12) 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. 605. MEMBERS AND STAFF OF THE COMMISSION.
(a) Members of the Commission.--
(1) Appointment.--The Commission shall be composed of 10
members as follows:
(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 private citizens; and
(ii) have--
(I) knowledge and experience in
foreign information and intelligence
collection, reporting, and analysis,
including clandestine collection and
classified analysis, diplomatic
reporting and analysis, and collection
of public and open source information;
(II) knowledge and experience 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 agency or
department of the United States, or an
independent organization with expertise
in the field of international affairs;
or
(III) knowledge and experience 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) Time of appointment.--The appointments under subsection
(a) shall be made not later than 60 days after the date of the
enactment of this Act.
(4) Term of appointment.--Members shall be appointed for
the life of the Commission.
(5) 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.
(6) Chair.--The members of the Commission shall designate 1
of the voting members to serve as the chair of the Commission.
(7) Quorum.--Six members of the Commission shall constitute
a quorum for purposes of transacting the business of the
Commission.
(8) 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 civil service laws and regulations, 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 1
full-time support staff for the executive director, there shall
be additional staff with relevant intelligence and foreign
policy experience to help support the Commission's work.
(2) Selection of the executive director.--The executive
director shall be selected with the approval of a majority of
the members of the Commission.
(3) Compensation.--
(A) Executive director.--The executive director
shall be compensated at the rate payable for level IV
of the Executive Schedule under section 5315 of title
5, United States Code.
(B) Staff.--The chair of the Commission may fix the
compensation of other staff of the Commission without
regard to the provisions of 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 rate payable for
level IV of the Executive Schedule under section 5315
of such title.
(c) Experts and Consultants.--This 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 not to exceed the maximum annual rate of
basic pay payable under section 5376 of such title.
(d) Staff and Services of Other Agencies or Department of the
United States.--Upon the request of the Commission, the head of an
agency or department 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 it 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.
(e) Security Clearance.--The appropriate agencies or departments 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.
SEC. 606. POWERS AND DUTIES OF THE COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission may, for the
purpose of carrying out this title--
(A) hold hearings, sit and act at times and places
in the United States and in countries in which the
United States has a diplomatic presence, take
testimony, and receive evidence as the Commission
considers advisable to carry out this title; and
(B) subject to subsection (b)(1), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda , papers, and
documents, as the Commission considers necessary.
(b) Subpoenas.--
(1) Issuance.--
(A) In general.--A subpoena may be issued under
this section only--
(i) by the agreement of the chair of the
Commission; and
(ii) by the affirmative vote of 5 members
of the Commission.
(B) Signature.--Subject to subparagraph (A),
subpoenas issued under this section may be issued under
the signature of the chair or any member designated by
a majority of the Commission and may be served by any
person designated by the chair or by a member
designated by a majority of the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under this section,
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, may issue an order requiring such person to
appear at any designated place to testify or to produce
documentary or other evidence. Any failure to obey the
order of the court may be punished by the court as a
contempt of that court.
(B) Additional enforcement.--In the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate United States attorney, who may bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received a certification
under sections 102, 103, or 104 of the Revised Statutes
of the United States (2 U.S.C. 192, 193, and 194).
(c) Information From Federal Agencies.--The Commission may secure
directly from any agency or department 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
agency or department shall furnish such information to the Commission,
subject to applicable law.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as an agency or
department of the United States.
(e) 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.
(f) Administrative Procedures.--The Commission may adopt such rules
and regulations, relating to administrative procedure, as may be
reasonably necessary to enable it to carry out this title.
(g) 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.
(h) Gifts.--No member of the Commission may receive a gift or
benefit by reason of such member's service on the Commission.
SEC. 607. REPORT OF THE COMMISSION.
(a) In General.--
(1) Interim report.--Not later than 1 year after the
members of the Commission are appointed under section 5(a), the
Commission shall submit an interim report to the congressional
intelligence committees setting forth the preliminary findings
and recommendations of the Commission described in section
604(b).
(2) Final report.--Not later than 4 months after the
submission of the report required by paragraph (1), the
Commission shall submit a final report setting forth the final
findings and recommendations of the Commission described in
section 604(b) to 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 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 both an unclassified and a classified
form.
SEC. 608. TERMINATION.
The Commission shall terminate 60 days after the submission of the
report required by section 607(a)(2).
SEC. 609. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 610. FUNDING.
(a) Transfer From the National Intelligence Program.--Of the
amounts available for the National Intelligence Program for fiscal year
2009, $4,000,000 shall be available for transfer to the Commission to
carry out this title.
(b) Availability.--The amounts made available to the Commission
pursuant to subsection (a) shall remain available until the termination
of the Commission.
TITLE VII--TECHNICAL AMENDMENTS
SEC. 701. 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--
(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, by redesignating subsection (i) as
subsection (h);
(3) in section 109(a)--
(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), 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), by striking ``subsection (a)(3)''
and inserting ``subsection (a)(2)''; and
(6) in section 502(a), by striking ``a annual'' and
inserting ``an annual''.
SEC. 702. 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), 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)--
(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. 703. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE.
Section 528(c) of title 10, United States Code, is amended--
(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. 704. 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), by striking ``other'' the second
place it appears;
(2) in section 102A--
(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), by striking ``, the National
Security Act of 1947 (50 U.S.C. 401 et seq.),'';
(4) in section 104A(g)(1) 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), 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) in the matter preceding
subparagraph (A), by striking ``subsection (i)(2)(B)'' and
inserting ``subsection (g)(2)(B)''.
SEC. 705. 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) 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:
``Sec. 1403. Multiyear National Intelligence Program.''.
SEC. 706. 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, by striking ``(1)'';
and
(3) in subsection (b) of 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 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. 707. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by striking the item relating to the Director
of Central Intelligence and inserting the following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Directors of Central Intelligence and inserting the following new item:
``Deputy Director of the Central Intelligence Agency.''.
(c) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by striking the item relating to the General
Counsel of the Office of the National Intelligence Director and
inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 708. 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. 709. 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''.
SEC. 710. 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 insert
``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)).''.
Calendar No. 120
111th CONGRESS
1st Session
S. 1494
[Report No. 111-55]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 22, 2009
Read twice and placed on the calendar
