110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-478
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2008
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December 6, 2007.--Ordered to be printed
_______
Mr. Reyes, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2082]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2082), to authorize appropriations for fiscal year 2008 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, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
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. Specific authorization of funds within the National
Intelligence Program for which fiscal year 2008 appropriations
exceed amounts authorized.
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 nonreimbursable details to elements of
the intelligence community.
Sec. 303. Multi-level security clearances.
Sec. 304. Pay authority for critical positions.
Sec. 305. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 306. Annual personnel level assessments for the intelligence
community.
Sec. 307. Comprehensive report on intelligence community contractors.
Sec. 308. Report on proposed pay for performance intelligence community
personnel management system.
Sec. 309. Report on plans to increase diversity within the intelligence
community.
Subtitle B--Acquisition Matters
Sec. 311. Vulnerability assessments of major systems.
Sec. 312. Business enterprise architecture and business system
modernization for the intelligence community.
Sec. 313. Reports on the acquisition of major systems.
Sec. 314. Excessive cost growth of major systems.
Subtitle C--Other Matters
Sec. 321. Restriction on conduct of intelligence activities.
Sec. 322. Clarification of definition of intelligence community under
the National Security Act of 1947.
Sec. 323. Modification of availability of funds for different
intelligence activities.
Sec. 324. Protection of certain national security information.
Sec. 325. Extension of authority to delete information about receipt and
disposition of foreign gifts and decorations.
Sec. 326. Report on compliance with the Detainee Treatment Act of 2005
and related provisions of the Military Commissions Act of
2006.
Sec. 327. Limitation on interrogation techniques.
Sec. 328. Limitation on use of funds.
Sec. 329. Incorporation of reporting requirements.
Sec. 330. Repeal of certain reporting requirements.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Clarification of limitation on colocation of the Office of the
Director of National Intelligence.
Sec. 402. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 403. Additional duties of the Director of Science and Technology.
Sec. 404. Leadership and location of certain offices and officials.
Sec. 405. Plan to implement recommendations of the data center energy
efficiency reports.
Sec. 406. Comprehensive listing of special access programs.
Sec. 407. Reports on the nuclear programs of Iran and North Korea.
Sec. 408. Requirements for accountability reviews by the Director of
National Intelligence.
Sec. 409. Modification of limitation on delegation by the Director of
National Intelligence of the protection of intelligence
sources and methods.
Sec. 410. Authorities for intelligence information sharing.
Sec. 411. Authorities of the Director of National Intelligence for
interagency funding.
Sec. 412. Title of Chief Information Officer of the Intelligence
Community.
Sec. 413. Inspector General of the Intelligence Community.
Sec. 414. Annual report on foreign language proficiency in the
intelligence community.
Sec. 415. Director of National Intelligence report on retirement
benefits for former employees of Air America.
Sec. 416. Space intelligence.
Sec. 417. Operational files in the Office of the Director of National
Intelligence.
Sec. 418. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of National
Intelligence.
Sec. 419. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director of National
Intelligence.
Sec. 420. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Subtitle B--Central Intelligence Agency
Sec. 431. Review of covert action programs by Inspector General of the
Central Intelligence Agency.
Sec. 432. Inapplicability to Director of the Central Intelligence Agency
of requirement for annual report on progress in auditable
financial statements.
Sec. 433. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 434. Technical amendments relating to titles of certain Central
Intelligence Agency positions.
Sec. 435. Clarifying amendments relating to section 105 of the
Intelligence Authorization Act for Fiscal Year 2004.
Subtitle C--Defense Intelligence Components
Sec. 441. Enhancement of National Security Agency training program.
Sec. 442. Codification of authorities of National Security Agency
protective personnel.
Sec. 443. Inspector general matters.
Sec. 444. Confirmation of appointment of heads of certain components of
the intelligence community.
Sec. 445. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis and dissemination
of certain intelligence information.
Sec. 446. Security clearances in the National Geospatial-Intelligence
Agency.
Subtitle D--Other Elements
Sec. 451. Clarification of inclusion of Coast Guard and Drug Enforcement
Administration as elements of the intelligence community.
TITLE V--OTHER MATTERS
Subtitle A--General Intelligence Matters
Sec. 501. Extension of National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community.
Sec. 502. Report on intelligence activities.
Sec. 503. Aerial reconnaissance platforms.
Subtitle B--Technical Amendments
Sec. 511. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 512. Technical amendment to the Central Intelligence Agency Act of
1949.
Sec. 513. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 514. Technical clarification of certain references to Joint
Military Intelligence Program and Tactical Intelligence and
Related Activities.
Sec. 515. Technical amendments to the National Security Act of 1947.
Sec. 516. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 517. Technical amendments to the Executive Schedule.
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) Element of the intelligence community.--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)).
(3) 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 2008 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United
States Government:
(1) The Office of the Director of National
Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of
the Navy, and the Department of the Air Force.
(7) The 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 ceilings as of
September 30, 2008, 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 H.R. 2082 of the One Hundred Tenth 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.--With the approval of the
Director of the Office of Management and Budget, the Director
of National Intelligence may authorize employment of civilian
personnel in excess of the number authorized for fiscal year
2008 by the classified Schedule of Authorizations referred to
in section 102(a) if the Director of National Intelligence
determines that such action is necessary to the performance of
important intelligence functions, except that the number of
personnel employed in excess of the number authorized under
such section may not, for any element of the intelligence
community, exceed 3 percent of the number of civilian personnel
authorized under such Schedule for such element.
(b) Transition to Full-Time Equivalency.--
(1) Treatment for fiscal year 2008.--For fiscal
year 2008, the Director of National Intelligence, in
consultation with the head of each element of the
intelligence community, may treat the personnel
ceilings authorized under the classified Schedule of
Authorizations referred to in section 102(a) as full-
time equivalents.
(2) Consideration.--In exercising the authority
described in paragraph (1), the Director of National
Intelligence may consider the circumstances under which
civilian employees are employed and accounted for at
each element of the intelligence community in--
(A) a student program, trainee program, or
similar program;
(B) reserve corps or equivalent status as a
reemployed annuitant or other employee;
(C) a joint duty rotational assignment; or
(D) other full-time or part-time status.
(3) Notification to congress.--Not later than 90
days after the date of the enactment of this Act, the
Director of National Intelligence shall notify the
congressional intelligence committees in writing of--
(A) the policies for implementing the
authorities described in paragraphs (1) and
(2); and
(B) the number of all civilian personnel
employed by, or anticipated to be employed by,
each element of the intelligence community
during fiscal year 2008 accounted for--
(i) by position;
(ii) by full-time equivalency; or
(iii) by any other method.
(4) Treatment for fiscal year 2009.--The Director
of National Intelligence shall express the personnel
levels for all civilian employees for each element of
the intelligence community in the congressional budget
justifications submitted for fiscal year 2009 as full-
time equivalent positions.
(c) Authority for Conversion of Activities Performed by
Contractors.--In addition to the authority in subsection (a),
upon a determination by the head of an element of the
intelligence community that activities currently being
performed by contractor employees should be performed by
government employees, the concurrence of the Director of
National Intelligence in such determination, and the approval
of the Director of the Office of Management and Budget, the
Director of National Intelligence may authorize for that
purpose employment of additional full-time equivalent personnel
in such element of the intelligence community equal to the
number that is--
(1) in the case of personnel of Office of the
Director of National Intelligence, not more than 5
percent of the number of such personnel authorized for
fiscal year 2008 by the classified Schedule of
Authorizations referred to in section 102(a); or
(2) except as provided in paragraph (1), not more
than 10 percent of the number authorized for fiscal
year 2008 by the classified Schedule of Authorizations
referred to in section 102(a).
(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 each exercise of an authority described in
subsection (a) or (c).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2008 the sum of $734,126,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2009.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 952 full-time or full-time
equivalent personnel as of September 30, 2008. 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 2008 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, 2009.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of
the Intelligence Community Management Account as of
September 30, 2008, there are authorized such
additional personnel for the Community Management
Account as of that date as are specified in the
classified Schedule of Authorizations referred to in
section 102(a).
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $39,000,000 shall be
available for the National Drug Intelligence Center.
Within such amount, funds provided for research,
development, testing, and evaluation purposes shall
remain available until September 30, 2009, and funds
provided for procurement purposes shall remain
available until September 30, 2010.
(2) Transfer of funds.--The Director of National
Intelligence shall transfer to the Attorney General
funds available for the National Drug Intelligence
Center under paragraph (1). The Attorney General shall
utilize funds so transferred for the activities of the
National Drug Intelligence Center.
(3) Limitation.--Amounts available for the National
Drug Intelligence Center may not be used for purposes
of exercising police, subpoena, or law enforcement
powers or internal security functions.
(4) Authority.--Notwithstanding any other provision
of law, the Attorney General shall retain full
authority over the operations of the National Drug
Intelligence Center.
SEC. 105. SPECIFIC AUTHORIZATION OF FUNDS WITHIN THE NATIONAL
INTELLIGENCE PROGRAM FOR WHICH FISCAL YEAR 2008
APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.
Funds appropriated for an intelligence or intelligence-
related activity within the National Intelligence Program for
fiscal year 2008 in excess of the amount specified for such
activity in the classified Schedule of Authorizations referred
to in section 102(a) shall be deemed to be specifically
authorized by Congress for purposes of section 504(a)(3) of the
National Security Act of 1947 (50 U.S.C. 414(a)(3)).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2008 the sum of $262,500,000.
SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION OF
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 NONREIMBURSABLE 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, in any fiscal year after fiscal year
2007 an officer or employee of the United States or member of
the Armed Forces may be detailed to the staff of an element of
the intelligence community funded through the Community
Management Account from another element of the United States
Government on a reimbursable or nonreimbursable basis, as
jointly agreed to by the Director of National Intelligence and
the head of the detailing element (or the designees of such
officials), for a period not to exceed 2 years.
SEC. 303. MULTI-LEVEL SECURITY CLEARANCES.
(a) In General.--Section 102A of the National Security Act
of 1947 (50 U.S.C. 403-1) is amended by adding at the end the
following new subsection:
``(s) Multi-Level Security Clearances.--The Director of
National Intelligence shall be responsible for ensuring that
the elements of the intelligence community adopt a multi-level
security clearance approach in order to enable the intelligence
community to make more effective and efficient use of persons
proficient in foreign languages or with cultural, linguistic,
or other subject matter expertise that is critical to national
security.''.
(b) Implementation.--The Director of National Intelligence
shall issue guidelines to the intelligence community on the
implementation of subsection (s) of section 102A of the
National Security Act of 1947, as added by subsection (a), not
later than 180 days after the date of the enactment of this
Act.
SEC. 304. PAY AUTHORITY FOR CRITICAL POSITIONS.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1), as amended by section 303 of this Act, is
further amended by adding at the end the following new
subsection:
``(t) Pay Authority for Critical Positions.--(1)
Notwithstanding any pay limitation established under any other
provision of law applicable to employees in elements of the
intelligence community, the Director of National Intelligence
may, in consultation with the Director of the Office of
Personnel Management and the Director of the Office of
Management and Budget, grant authority to fix the rate of basic
pay for 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--
``(A) only with respect to a position which
requires an extremely high level of expertise and is
critical to successful accomplishment of an important
mission; and
``(B) only to the extent necessary to recruit or
retain an individual exceptionally well qualified for
the position.
``(3) A rate of basic pay may not be fixed under this
subsection at a rate greater than the rate payable for level II
of the Executive Schedule under section 5312 of title 5, United
States Code, except upon written approval of the Director of
National Intelligence or as otherwise authorized by law.
``(4) A rate of basic pay may not be fixed under this
subsection at a rate greater than the rate payable for level I
of the Executive Schedule under section 5311 of title 5, United
States Code, except upon written approval of the President in
response to a request by the Director of National Intelligence
or as otherwise authorized by law.
``(5) Any grant of authority under this subsection for a
position shall terminate at the discretion of the Director of
National Intelligence.''.
SEC. 305. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR
INTELLIGENCE COLLECTION PERSONNEL.
(a) Delegation of Authority.--Section 116(b) of the
National Security Act of 1947 (50 U.S.C. 404k(b)) is amended--
(1) by inserting ``(1)'' before ``The Director'';
(2) in paragraph (1), as designated by paragraph
(1) of this subsection, by striking ``may only
delegate'' and all that follows and inserting ``may
delegate the authority in subsection (a) to the head of
any other element of the intelligence community.''; and
(3) by adding at the end the following new
paragraph:
``(2) The head of an element of the intelligence community
to whom the authority in subsection (a) is delegated pursuant
to paragraph (1) may further delegate such authority to such
senior officials of such element as are specified in guidelines
prescribed by the Director of National Intelligence for
purposes of this paragraph.''.
(b) Submission of Guidelines to Congress.--Not later than 6
months after the date of the enactment of this Act, the
Director of National Intelligence shall prescribe and submit to
the congressional intelligence committees the guidelines
referred to in paragraph (2) of section 116(b) of the National
Security Act of 1947, as added by subsection (a).
SEC. 306. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) 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, 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, at a minimum, 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 personnel positions requested
for the upcoming fiscal year.
``(5) The numerical and percentage increase or
decrease of such number as compared to the number of
personnel positions of the current fiscal year.
``(6) The numerical and percentage increase or
decrease of such number as compared to the number of
personnel positions during the prior 5 fiscal years.
``(7) The best estimate of the number and costs of
contractors to be funded by the element for the
upcoming fiscal year.
``(8) The numerical and percentage increase or
decrease of such costs of contractors as compared to
the best estimate of the costs of contractors of the
current fiscal year.
``(9) The numerical and percentage increase or
decrease of such costs of contractors as compared to
the cost of contractors, and the number of contractors,
during the prior 5 fiscal years.
``(10) A written justification for the requested
personnel and contractor levels.
``(11) The number of intelligence collectors and
analysts employed or contracted by each element of the
intelligence community.
``(12) A list of all contractors that have been the
subject of an investigation 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 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 contractor levels;
``(B) training resources to support the
requested personnel levels; and
``(C) funding to support the administrative
and operational activities of the requested
personnel levels.''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act 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. 307. COMPREHENSIVE REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirement for Report.--Not later than March 31, 2008,
the Director of National Intelligence shall submit to the
congressional intelligence committees a report describing the
personal services activities performed by contractors across
the intelligence community, the impact of such contractors on
the intelligence community workforce, plans for conversion of
contractor employment into government employment, and the
accountability mechanisms that govern the performance of such
contractors.
(b) Content.--
(1) In general.--The report submitted under
subsection (a) shall include--
(A) a description of any relevant
regulations or guidance issued by the Director
of National Intelligence or the head of an
element of the intelligence community relating
to minimum standards required regarding the
hiring, training, security clearance, and
assignment of contract personnel and how those
standards may differ from those for government
employees performing substantially similar
functions;
(B) an identification of contracts where
the contractor is providing a substantially
similar functions to a government employee;
(C) an assessment of costs incurred or
savings achieved by awarding contracts for the
performance of such functions referred to in
subparagraph (B) instead of using full-time
employees of the elements of the intelligence
community to perform such functions;
(D) an assessment of the appropriateness of
using contractors to perform the activities
described in paragraph (2);
(E) an estimate of the number of contracts,
and the number of personnel working under such
contracts, related to the performance of
activities described in paragraph (2);
(F) a comparison of the compensation of
contract employees and government employees
performing substantially similar functions;
(G) an analysis of the attrition of
government personnel for contractor positions
that provide substantially similar functions;
(H) a description of positions that will be
converted from contractor employment to
government employment under the authority
described in section 103(c) of this Act and the
justification for such conversion;
(I) an analysis of accountability
mechanisms within services contracts awarded
for intelligence activities by each element of
the intelligence community during fiscal years
2006 and 2007;
(J) an analysis of procedures in use in the
intelligence community for conducting oversight
of contractors to ensure identification and
prosecution of criminal violations, financial
waste, fraud, or other abuses committed by
contractors or contract personnel; and
(K) an identification of best practices of
accountability mechanisms within services
contracts.
(2) Activities.--Activities described in this
paragraph are the following:
(A) Intelligence collection.
(B) Intelligence analysis.
(C) Covert actions, including rendition,
detention, and interrogation activities.
SEC. 308. REPORT ON PROPOSED PAY FOR PERFORMANCE INTELLIGENCE COMMUNITY
PERSONNEL MANAGEMENT SYSTEM.
(a) Prohibition on Pay for Performance Until Report.--The
Director of National Intelligence and the head of an element of
the intelligence community may not implement a plan that
provides compensation to personnel of that element of the
intelligence community based on performance until the date that
is 45 days after the date on which the Director of National
Intelligence submits a report for that element under subsection
(b).
(b) Report.--The Director of National Intelligence shall
submit to Congress a report on performance-based compensation
for each element of the intelligence community, including, with
respect to each such element--
(1) an implementation time line which includes
target dates for completion of--
(A) the development of performance
appraisal plans;
(B) establishment of oversight and appeal
mechanisms;
(C) deployment of information technology
systems;
(D) management training;
(E) employee training;
(F) compensation transition; and
(G) full operational capacity;
(2) an estimated budget for the implementation of
the performance-based compensation system;
(3) an evaluation plan to monitor the
implementation of the performance-based compensation
system and to improve and modify such system;
(4) written standards for measuring the performance
of employees;
(5) a description of the performance-based
compensation system, including budget oversight
mechanisms to ensure sufficient funds to pay employees
for bonuses;
(6) a description of internal and external
accountability mechanisms to ensure the fair treatment
of employees;
(7) a plan for initial and ongoing training for
senior executives, managers, and employees;
(8) a description of the role of any advisory
committee or other mechanism designed to gather the
input of employees relating to the creation and
implementation of the system;
(9) an assessment of the impact of the performance-
based compensation system on women, minorities, persons
with disabilities, and veterans; and
(10) an assessment of the consistency of the plan
described in subsection (a) for such element with the
plans of the Director of National Intelligence for a
performance-based compensation system for the
intelligence community.
SEC. 309. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE INTELLIGENCE
COMMUNITY.
(a) Requirement for Report.--Not later than March 31, 2008,
the Director of National Intelligence, in coordination with the
heads of the elements of the intelligence community, shall
submit to the congressional intelligence committees a report on
the plans of each element to increase diversity within the
intelligence community.
(b) Content.--The report required by subsection (a) shall
include specific implementation plans to increase diversity
within each element of the intelligence community, including--
(1) specific implementation plans for each such
element designed to achieve the goals articulated in
the strategic plan of the Director of National
Intelligence on equal employment opportunity and
diversity;
(2) specific plans and initiatives for each such
element to increase recruiting and hiring of diverse
candidates;
(3) specific plans and initiatives for each such
element to improve retention of diverse Federal
employees at the junior, midgrade, senior, and
management levels;
(4) a description of specific diversity awareness
training and education programs for senior officials
and managers of each such element; and
(5) a description of performance metrics to measure
the success of carrying out the plans, initiatives, and
programs described in paragraphs (1) through (4).
Subtitle B--Acquisition Matters
SEC. 311. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 306 of this
Act, is further amended by inserting after section 506B, as
added by section 306(a), the following new section:
``VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS
``Sec. 506C. (a) 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, at a minimum, use an analysis-based
approach to--
``(1) identify vulnerabilities;
``(2) define exploitation potential;
``(3) examine the system's potential effectiveness;
``(4) determine overall vulnerability; and
``(5) make recommendations for risk reduction.
``(b) Subsequent Vulnerability Assessments.--(1) The
Director of National Intelligence shall conduct subsequent
vulnerability assessments of each major system and its
significant items of supply within the National Intelligence
Program--
``(A) periodically throughout the life span of the
major system;
``(B) whenever the Director determines that a
change in circumstances warrants the issuance of a
subsequent vulnerability assessment; or
``(C) upon the request of a congressional
intelligence committee.
``(2) Any subsequent vulnerability assessment of a major
system and its significant items of supply shall, at a minimum,
use an analysis-based approach and, if applicable, a testing-
based approach, to monitor the exploitation potential of such
system and reexamine the factors described in paragraphs (1)
through (5) of subsection (a).
``(c) Major System Management.--The Director of National
Intelligence shall give due consideration to the vulnerability
assessments prepared for a given major system when developing
and determining the annual consolidated National Intelligence
Program budget.
``(d) Congressional Oversight.--(1) The Director of
National Intelligence shall provide to the congressional
intelligence committees a copy of each vulnerability assessment
conducted under subsection (a) or (b) not later than 10 days
after the date of the completion of such assessment.
``(2) The Director of National Intelligence shall provide
the congressional intelligence committees with a proposed
schedule for subsequent vulnerability assessments of a major
system under subsection (b) when providing such committees with
the initial vulnerability assessment under subsection (a) of
such system as required by subsection (d).
``(e) Definitions.--In this section:
``(1) The term `items of supply'--
``(A) means any individual part, component,
subassembly, assembly, or subsystem integral to
a major system, and other property which may be
replaced during the service life of the major
system, including spare parts and replenishment
parts; and
``(B) does not include packaging or
labeling associated with shipment or
identification of items.
``(2) The term `major system' has the meaning given
that term in section 506A(e).
``(3) The term `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.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by
section 306 of this Act, is further amended by inserting after
the item relating to section 506B, as added by section 306(b),
the following:
``Sec. 506C. Vulnerability assessments of major systems.''.
SEC. 312. BUSINESS ENTERPRISE ARCHITECTURE AND BUSINESS SYSTEM
MODERNIZATION FOR THE INTELLIGENCE COMMUNITY.
(a) Business Enterprise Architecture and Business System
Modernization.--
(1) In general.--Title V of the National Security
Act of 1947 (50 U.S.C. 413 et seq.), as amended by
sections 306 and 311 of this Act, is further amended by
inserting after section 506C, as added by section
311(a), the following new section:
``INTELLIGENCE COMMUNITY BUSINESS SYSTEMS, ARCHITECTURE,
ACCOUNTABILITY, AND MODERNIZATION
``Sec. 506D. (a) Limitation on Obligation of Funds for
Intelligence Community Business System Modernization.--(1)
After April 1, 2008, no funds appropriated to any element of
the intelligence community may be obligated for an intelligence
community business system modernization described in paragraph
(2) unless--
``(A) the approval authority designated by the
Director of National Intelligence under subsection
(c)(2) makes the certification described in paragraph
(3) with respect to the intelligence community business
system modernization; and
``(B) the certification is approved by the
Intelligence Community Business Systems Management
Committee established under subsection (f).
``(2) An intelligence community business system
modernization described in this paragraph is an intelligence
community business system modernization that--
``(A) will have a total cost in excess of
$1,000,000; and
``(B) will receive more than 50 percent of the
funds for such cost from amounts appropriated for the
National Intelligence Program.
``(3) The certification described in this paragraph for an
intelligence community business system modernization is a
certification, made by the approval authority designated by the
Director under subsection (c)(2) to the Intelligence Community
Business Systems Management Committee, that the intelligence
community business system modernization--
``(A) complies with the enterprise architecture
under subsection (b); or
``(B) is necessary--
``(i) to achieve a critical national
security capability or address a critical
requirement in an area such as safety or
security; or
``(ii) to prevent a significant adverse
effect on a project that is needed to achieve
an essential capability, taking into
consideration the alternative solutions for
preventing such adverse effect.
``(4) The obligation of funds for an intelligence community
business system modernization that does not comply with the
requirements of this subsection shall be treated as a violation
of section 1341(a)(1)(A) of title 31, United States Code.
``(b) Enterprise Architecture for Intelligence Community
Business Systems.--(1) The Director of National Intelligence
shall, acting through the Intelligence Community Business
Systems Management Committee established under subsection (f),
develop and implement an enterprise architecture to cover all
intelligence community business systems, and the functions and
activities supported by such business systems. The enterprise
architecture shall be sufficiently defined to effectively
guide, constrain, and permit implementation of interoperable
intelligence community business system solutions, consistent
with applicable policies and procedures established by the
Director of the Office of Management and Budget.
``(2) The enterprise architecture under paragraph (1) shall
include the following:
``(A) An information infrastructure that, at a
minimum, will enable the intelligence community to--
``(i) comply with all Federal accounting,
financial management, and reporting
requirements;
``(ii) routinely produce timely, accurate,
and reliable financial information for
management purposes;
``(iii) integrate budget, accounting, and
program information and systems; and
``(iv) provide for the systematic
measurement of performance, including the
ability to produce timely, relevant, and
reliable cost information.
``(B) Policies, procedures, data standards, and
system interface requirements that apply uniformly
throughout the intelligence community.
``(c) Responsibilities for Intelligence Community Business
System Modernization.--(1) The Director of National
Intelligence shall be responsible for review, approval, and
oversight of the planning, design, acquisition, deployment,
operation, and maintenance of an intelligence community
business system modernization if more than 50 percent of the
cost of the intelligence community business system
modernization is funded by amounts appropriated for the
National Intelligence Program.
``(2) The Director shall designate 1 or more appropriate
officials of the intelligence community to be responsible for
making certifications with respect to intelligence community
business system modernizations under subsection (a)(3).
``(d) Intelligence Community Business System Investment
Review.--(1) The approval authority designated under subsection
(c)(2) shall establish and implement, not later than March 31,
2008, an investment review process for the review of the
planning, design, acquisition, development, deployment,
operation, maintenance, modernization, project cost, benefits,
and risks of the intelligence community business systems for
which the approval authority is responsible.
``(2) The investment review process under paragraph (1)
shall--
``(A) meet the requirements of section 11312 of
title 40, United States Code; and
``(B) specifically set forth the responsibilities
of the approval authority under such review process.
``(3) The investment review process under paragraph (1)
shall include the following elements:
``(A) Review and approval by an investment review
board (consisting of appropriate representatives of the
intelligence community) of each intelligence community
business system as an investment before the obligation
of funds for such system.
``(B) Periodic review, but not less often than
annually, of every intelligence community business
system investment.
``(C) Thresholds for levels of review to ensure
appropriate review of intelligence community business
system investments depending on the scope, complexity,
and cost of the system involved.
``(D) Procedures for making certifications in
accordance with the requirements of subsection (a)(3).
``(E) Mechanisms to ensure the consistency of the
investment review process with applicable guidance
issued by the Director of National Intelligence and the
Intelligence Community Business Systems Management
Committee established under subsection (f).
``(F) Common decision criteria, including
standards, requirements, and priorities, for purposes
of ensuring the integration of intelligence community
business systems.
``(e) Budget Information.--For each fiscal year after
fiscal year 2009, the Director of National Intelligence shall
include in the materials the Director submits to Congress in
support of the budget for such fiscal year that is submitted to
Congress under section 1105 of title 31, United States Code,
the following information:
``(1) An identification of each intelligence
community business system for which funding is proposed
in such budget.
``(2) An identification of all funds, by
appropriation, proposed in such budget for each such
system, including--
``(A) funds for current services to operate
and maintain such system; and
``(B) funds for business systems
modernization identified for each specific
appropriation.
``(3) For each such system, identification of
approval authority designated for such system under
subsection (c)(2).
``(4) The certification, if any, made under
subsection (a)(3) with respect to each such system.
``(f) Intelligence Community Business Systems Management
Committee.--(1) The Director of National Intelligence shall
establish an Intelligence Community Business Systems Management
Committee (in this subsection referred to as the `Committee').
``(2) The Committee shall--
``(A) recommend to the Director policies and
procedures necessary to effectively integrate all
business activities and any transformation, reform,
reorganization, or process improvement initiatives
undertaken within the intelligence community;
``(B) review and approve any major update of--
``(i) the enterprise architecture developed
under subsection (b); and
``(ii) any plans for an intelligence
community business systems modernization;
``(C) manage cross-domain integration consistent
with such enterprise architecture;
``(D) be responsible for coordinating initiatives
for intelligence community business system
modernization to maximize benefits and minimize costs
for the intelligence community, and periodically report
to the Director on the status of efforts to carry out
an intelligence community business system
modernization;
``(E) ensure that funds are obligated for
intelligence community business system modernization in
a manner consistent with subsection (a); and
``(F) carry out such other duties as the Director
shall specify.
``(g) Relation to Annual Registration Requirements.--
Nothing in this section shall be construed to alter the
requirements of section 8083 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 989),
with regard to information technology systems (as defined in
subsection (d) of such section).
``(h) Relation to Defense Business Systems Architecture,
Accountability, and Modernization Requirements.--An
intelligence community business system that receives more than
50 percent of its funds from amounts available for the National
Intelligence Program shall be exempt from the requirements of
section 2222 of title 10, United States Code.
``(i) Relation to Clinger-Cohen Act.--(1) The Director of
National Intelligence and the Chief Information Officer of the
Intelligence Community shall fulfill the executive agency
responsibilities in chapter 113 of title 40, United States
Code, for any intelligence community business system that
receives more than 50 percent of its funding from amounts
appropriated for the National Intelligence Program.
``(2) Any intelligence community business system covered by
paragraph (1) shall be exempt from the requirements of such
chapter 113 that would otherwise apply to the executive agency
that contains the element of the intelligence community
involved.
``(j) Reports.--Not later than March 15 of each of the
years 2009 through 2014, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report on the compliance of the intelligence community with the
requirements of this section. Each such report shall--
``(1) describe actions taken and proposed for
meeting the requirements of subsection (a), including--
``(A) specific milestones and actual
performance against specified performance
measures, and any revision of such milestones
and performance measures; and
``(B) specific actions on the intelligence
community business system modernizations
submitted for certification under such
subsection;
``(2) identify the number of intelligence community
business system modernizations that received a
certification described in subsection (a)(3)(B); and
``(3) describe specific improvements in business
operations and cost savings resulting from successful
intelligence community business systems modernization
efforts.
``(k) Definitions.--In this section:
``(1) The term `enterprise architecture' has the
meaning given that term in section 3601(4) of title 44,
United States Code.
``(2) The terms `information system' and
`information technology' have the meanings given those
terms in section 11101 of title 40, United States Code.
``(3) The term `intelligence community business
system' means an information system, other than a
national security system, that is operated by, for, or
on behalf of the intelligence community, including
financial systems, mixed systems, financial data feeder
systems, and the business infrastructure capabilities
shared by the systems of the business enterprise
architecture that build upon the core infrastructure
used to support business activities, such as
acquisition, financial management, logistics, strategic
planning and budgeting, installations and environment,
and human resource management.
``(4) The term `intelligence community business
system modernization' means--
``(A) the acquisition or development of a
new intelligence community business system; or
``(B) any significant modification or
enhancement of an existing intelligence
community business system (other than necessary
to maintain current services).
``(5) The term `national security system' has the
meaning given that term in section 3542 of title 44,
United States Code.''.
(2) Clerical amendment.--The table of contents in
the first section of that Act, as amended by sections
306 and 311 of this Act, is further amended by
inserting after the item relating to section 506C, as
added by section 311(b), the following new item:
``Sec. 506D. Intelligence community business systems, architecture,
accountability, and modernization.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after
the date of the enactment of this Act, the Director of
National Intelligence shall--
(A) complete the delegation of
responsibility for the review, approval, and
oversight of the planning, design, acquisition,
deployment, operation, maintenance, and
modernization of intelligence community
business systems required by subsection (c) of
section 506D of the National Security Act of
1947 (as added by subsection (a)); and
(B) designate a vice chairman and personnel
to serve on the Intelligence Community Business
System Management Committee established under
subsection (f) of such section 506D (as so
added).
(2) Enterprise architecture.--
(A) Schedule for development.--The Director
shall develop the enterprise architecture
required by subsection (b) of such section 506D
(as so added) by not later than September 1,
2008.
(B) Requirement for implementation plan.--
In developing such 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 December
31, 2006, 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 December
31, 2006, 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.--
The Director shall submit the acquisition
strategy described in subparagraph (B)(i) to
the congressional intelligence committees not
later than March 1, 2008.
SEC. 313. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 306, 311,
and 312 of this Act, is further amended by inserting after
section 506D, as added by section 312(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 calendar quarter immediately
proceeding the submittal 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
submittal of such report, or, if a significant test and
evaluation has not been conducted, a statement of the
reasons therefor and the results of any other test and
evaluation that has been conducted of such system.
``(6) The reasons for any change in acquisition
cost, or schedule, for such system from the previous
report under this section, if applicable.
``(7) The 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) 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.''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act, as amended by sections 306, 311, and 312
of this Act, is further amended by inserting after the item
relating to section 506D, as added by section 312(a)(2), the
following new item:
``Sec. 506E. Reports on the acquisition of major systems.''.
SEC. 314. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.
(a) Notification.--Title V of the National Security Act of
1947, as amended by sections 306, 311, 312, and 313 of this
Act, is further amended by inserting after section 506E, as
added by section 313(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
60 days of the determination made under subsection (a)(1),
funds appropriated for the acquisition of a major system may
not be obligated for a major contract under the program. Such
prohibition on the obligation of funds shall cease to apply at
the end of the 30-day period of a continuous session of
Congress that begins on the date on which Congress receives the
notification required under subsection (a)(2)(A).
``(2) If a written certification required under subsection
(b)(2) is not submitted to the congressional intelligence
committees within 60 days of the determination made under
subsection (b)(2), 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) 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 `full life-cycle cost' has the
meaning given that term in section 506E(d).
``(4) The term `independent cost estimate' has the
meaning given that term in section 506A(e).
``(5) The term `major system' has the meaning given
that term in section 506A(e).
``(6) The term `Milestone B' means a decision to
enter into system development and demonstration
pursuant to guidance prescribed by the Director of
National Intelligence.
``(7) 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) Clerical Amendment.--The table of contents in the first
section of that Act, as amended by sections 304, 311, 312, and
313 of this Act, is further amended by inserting after the
items relating to section 506E, as added by section 313(b), the
following new item:
``Sec. 506F. Excessive cost growth of major systems.''.
Subtitle C--Other Matters
SEC. 321. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by the
Constitution or the laws of the United States.
SEC. 322. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER
THE NATIONAL SECURITY ACT OF 1947.
Subparagraph (L) of section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)) is amended by striking
``other'' the second place it appears.
SEC. 323. 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. 324. 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. 325. 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. 326. REPORT ON COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 2005
AND RELATED PROVISIONS OF THE MILITARY COMMISSIONS
ACT OF 2006.
(a) Report Required.--Not later than 45 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a comprehensive report on all measures taken by the
Office of the Director of National Intelligence and by each
element, if any, of the intelligence community with relevant
responsibilities to comply with the provisions of the Detainee
Treatment Act of 2005 (title X of division A of Public Law 109-
148; 119 Stat. 2739) and related provisions of the Military
Commissions Act of 2006 (Public Law 109-366; 120 Stat. 2600).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply
with section 1003 of the Detainee Treatment Act of 2005
(119 Stat. 2739; 42 U.S.C. 2000dd) and section 6 of the
Military Commissions Act of 2006 (120 Stat. 2632; 18
U.S.C. 2441 note) (including the amendments made by
such section 6), and, with respect to each such
method--
(A) an identification of the official
making such determination; and
(B) a statement of the basis for such
determination.
(2) A description of the detention or interrogation
methods, if any, whose use has been discontinued
pursuant to the Detainee Treatment Act of 2005 or the
Military Commission Act of 2006, and, with respect to
each such method--
(A) an identification of the official
making the determination to discontinue such
method; and
(B) a statement of the basis for such
determination.
(3) A description of any actions that have been
taken to implement section 1004 of the Detainee
Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C.
2000dd-1), and, with respect to each such action--
(A) an identification of the official
taking such action; and
(B) a statement of the basis for such
action.
(4) Any other matters that the Director considers
necessary to fully and currently inform the
congressional intelligence committees about the
implementation of the Detainee Treatment Act of 2005
and related provisions of the Military Commissions Act
of 2006.
(5) An appendix containing--
(A) all guidelines for the application of
the Detainee Treatment Act of 2005 and related
provisions of the Military Commissions Act of
2006 to the detention or interrogation
activities, if any, of any element of the
intelligence community; and
(B) the legal justifications of any office
of the Department of Justice about the meaning
or application of the Detainee Treatment Act of
2005 or related provisions of the Military
Commissions Act of 2006 with respect to the
detention or interrogation activities, if any,
of any element of the intelligence community.
(c) Form.--The report required by subsection (a) shall be
submitted in classified form.
(d) 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, that portion of the
report, and any associated material that is necessary to make
that portion understandable, shall also be submitted by the
Director of National Intelligence to the congressional armed
services committees.
(e) Congressional Armed Services Committee Defined.--In
this section, the term ``congressional armed services
committees'' means--
(1) the Committee on Armed Services of the Senate;
and
(2) the Committee on Armed Services of the House of
Representatives.
SEC. 327. LIMITATION ON INTERROGATION TECHNIQUES.
(a) Limitation.--No individual in the custody or under the
effective control of an element of the intelligence community
or instrumentality thereof, regardless of nationality or
physical location, shall be subject to any treatment or
technique of interrogation not authorized by the United States
Army Field Manual on Human Intelligence Collector Operations.
(b) Instrumentality Defined.--In this section, the term
``instrumentality'', with respect to an element of the
intelligence community, means a contractor or subcontractor at
any tier of the element of the intelligence community.
SEC. 328. LIMITATION ON USE OF FUNDS.
Not more than 30 percent of the funds authorized to be
appropriated for the Expenditure Center referred to on page 157
of Volume VI, Book 1 of the Fiscal Year 2008-Fiscal Year 2009
Congressional Budget Justification, National Intelligence
Program, may be obligated or expended until each member of the
congressional intelligence committees has been fully and
currently informed with respect to intelligence regarding a
facility in Syria subject to reported military action by the
State of Israel on September 6, 2007, including intelligence
relating to any agent or citizen of North Korea, Iran, or any
other foreign country present at the facility, and any
intelligence provided to the Federal Government by a foreign
country regarding the facility (as available).
SEC. 329. INCORPORATION OF REPORTING REQUIREMENTS.
Each requirement to submit a report to the congressional
intelligence committees that is included in the classified
annex to this Act is hereby incorporated into this Act and is
hereby made a requirement in law.
SEC. 330. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Report on Intelligence.--
(1) Repeal.--Section 109 of the National Security
Act of 1947 (50 U.S.C. 404d) is repealed.
(2) Clerical amendment.--The table of contents in
the first section of the National Security Act of 1947
is amended by striking the item relating to section
109.
(b) Annual and Special Reports on Intelligence Sharing With
the United Nations.--Section 112 of the National Security Act
of 1947 (50 U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively.
(c) Annual 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).
(d) 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.
(e) 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.
(f) 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).
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. CLARIFICATION OF LIMITATION ON COLOCATION OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 103(e) of the National Security Act of 1947 (50
U.S.C. 403-3(e)) is amended--
(1) by striking ``With'' and inserting ``of
Headquarters With Headquarters of'';
(2) by inserting ``the headquarters of'' before
``the Office''; and
(3) by striking ``any other element'' and inserting
``the headquarters of any other element''.
SEC. 402. 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. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY.
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;''.
SEC. 404. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a)
of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is
amended--
(1) by striking ``(a) Establishment.--Not later
than 18 months after the date of the enactment of the
National Security Intelligence Reform Act of 2004,
the'' and inserting the following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new
paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the
National Counter Proliferation Center, who shall be
appointed by the Director of National Intelligence.
``(3) Location.--The National Counter Proliferation
Center shall be located within the Office of the
Director of National Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
3(c)) is amended--
(1) by redesignating paragraph (9) as paragraph
(13); and
(2) by inserting after paragraph (8) the following
new paragraphs:
``(9) The Chief Information Officer of the
Intelligence Community.
``(10) The Inspector General of the Intelligence
Community.
``(11) The Director of the National
Counterterrorism Center.
``(12) The Director of the National Counter
Proliferation Center.''.
SEC. 405. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA CENTER ENERGY
EFFICIENCY REPORTS.
(a) Plan.--The Director of National Intelligence shall
develop a plan to implement the recommendations of the report
submitted to Congress under section 1 of the Act entitled ``An
Act to study and promote the use of energy efficient computer
servers in the United States'' (Public Law 109-431; 120 Stat.
2920) across the intelligence community.
(b) Report.--
(1) In general.--Not later then February 1, 2008,
the Director of National Intelligence shall submit to
the congressional intelligence committees a report
containing the plan developed under subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a
classified annex.
SEC. 406. COMPREHENSIVE LISTING OF SPECIAL ACCESS PROGRAMS.
Not later than February 1, 2008, the Director of National
Intelligence shall submit to the congressional intelligence
committees a classified comprehensive listing of all special
access programs under the National Intelligence Program (as
defined in section 3(6) of the National Security Act of 1947
(50 U.S.C. 401a(6))). Such listing may be submitted in a form
or forms consistent with the protection of national security.
SEC. 407. REPORTS ON THE NUCLEAR PROGRAMS OF IRAN AND NORTH KOREA.
(a) Requirement for Reports.--Not less frequently than once
during fiscal year 2008 and twice during fiscal year 2009, the
Director of National Intelligence shall submit to the
congressional intelligence committees a report on the
intentions and capabilities of the Islamic Republic of Iran and
the Democratic People's Republic of Korea, with regard to the
nuclear programs of each such country.
(b) Content.--Each report submitted by subsection (a) shall
include, with respect of the Islamic Republic of Iran and the
Democratic People's Republic of Korea--
(1) an assessment of nuclear weapons programs of
each such country;
(2) an evaluation, consistent with existing
reporting standards and practices, of the sources upon
which the intelligence used to prepare the assessment
described in paragraph (1) is based, including the
number of such sources and an assessment of the
reliability of each such source;
(3) a summary of any intelligence related to any
such program gathered or developed since the previous
report was submitted under subsection (a), including
intelligence collected from both open and clandestine
sources for each such country; and
(4) a discussion of any dissents, caveats, gaps in
knowledge, or other information that would reduce
confidence in the assessment described in paragraph
(1).
(c) National Intelligence Estimate.--The Director of
National Intelligence may submit a National Intelligence
Estimate on the intentions and capabilities of the Islamic
Republic of Iran and the Democratic People's Republic of Korea
in lieu of a report required by subsection (a).
(d) Form.--Each report submitted under subsection (a) may
be submitted in classified form.
SEC. 408. REQUIREMENTS FOR ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Responsibility of the Director of National
Intelligence.--Subsection (b) of section 102 of the National
Security Act of 1947 (50 U.S.C. 403) is amended--
(1) in paragraph (2), by striking ``and'' at the
end;
(2) in paragraph (3)--
(A) by striking ``2004,'' and inserting
``2004 (50 U.S.C. 403 note),''; and
(B) by striking the period at the end and
inserting a semicolon and ``and''; and
(3) by inserting after paragraph (3), the following
new paragraph:
``(4) conduct accountability reviews of elements of
the intelligence community and the personnel of such
elements, if appropriate.''.
(b) Tasking and Other Authorities.--Subsection (f) of
section 102A of such Act (50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (7) and (8), as
paragraphs (8) and (9), respectively; and
(2) by inserting after paragraph (6), the following
new paragraph:
``(7)(A) The Director of National Intelligence shall, if
the Director determines it is necessary, or may, if requested
by a congressional intelligence committee, conduct
accountability reviews of elements of the intelligence
community or the personnel of such elements in relation to
significant failures or deficiencies within the intelligence
community.
``(B) The Director of National Intelligence, in
consultation with the Attorney General, shall establish
guidelines and procedures for conducting accountability reviews
under subparagraph (A).
``(C) The requirements of this paragraph shall not limit
any authority of the Director of National Intelligence under
subsection (m) or with respect to supervision of the Central
Intelligence Agency.''.
SEC. 409. MODIFICATION OF LIMITATION ON DELEGATION BY THE DIRECTOR OF
NATIONAL INTELLIGENCE OF THE PROTECTION OF
INTELLIGENCE SOURCES AND METHODS.
Section 102A(i)(3) of the National Security Act of 1947 (50
U.S.C. 403-1(i)(3)) is amended by inserting before the period
the following: ``or the Chief Information Officer of the
Intelligence Community''.
SEC. 410. 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 2009 through
2012, 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. 411. AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE 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 and 304
of this Act, is further amended by adding at the end the
following new subsection:
``(u) 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
2008 shall be construed to limit or supersede the authority in
paragraph (1) unless such provision makes specific reference to
the authority in that paragraph.''.
(b) Reports.--Not later than February 1 of each of the
fiscal years 2009 through 2012, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report detailing the exercise of any authority
pursuant to subsection (u) of section 102A of the National
Security Act of 1947 (50 U.S.C. 403-1), as amended by
subsection (a), during the preceding fiscal year.
SEC. 412. TITLE OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103G of the National Security Act of 1947 (50
U.S.C. 403-3g) is amended--
(1) in subsection (a), by inserting ``of the
Intelligence Community'' after ``Chief Information
Officer'';
(2) in subsection (b), by inserting ``of the
Intelligence Community'' after ``Chief Information
Officer'';
(3) in subsection (c), by inserting ``of the
Intelligence Community'' after ``Chief Information
Officer''; and
(4) in subsection (d), by inserting ``of the
Intelligence Community'' after ``Chief Information
Officer'' the first place it appears.
SEC. 413. 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
Intelligence Community.--There is within the Office of the
Director of National Intelligence an Office of the Inspector
General of the Intelligence Community.
``(b) Purpose.--The purpose of the Office of the Inspector
General of the Intelligence Community is to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and
conduct independently investigations, inspections, and
audits on matters within the responsibility and
authority of the Director of National Intelligence;
``(2) recommend policies designed--
``(A) to promote economy, efficiency, and
effectiveness in the administration and
implementation of matters within the
responsibility and authority of the Director of
National Intelligence; and
``(B) to prevent and detect fraud and abuse
in such matters;
``(3) provide a means for keeping the Director of
National Intelligence fully and currently informed
about--
``(A) problems and deficiencies relating to
matters within the responsibility and authority
of the Director of National Intelligence; and
``(B) the necessity for, and the progress
of, corrective actions; and
``(4) in the manner prescribed by this section,
ensure that the congressional intelligence committees
are kept similarly informed of--
``(A) significant problems and deficiencies
relating to matters within the responsibility
and authority of the Director of National
Intelligence; and
``(B) the necessity for, and the progress
of, corrective actions.
``(c) Inspector General of Intelligence Community.--(1)
There is an Inspector General of the Intelligence Community,
who shall be the head of the Office of the Inspector General of
the Intelligence Community, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The nomination of an individual for appointment as
Inspector General shall be made--
``(A) without regard to political affiliation;
``(B) solely on the basis of integrity, compliance
with the security standards of the intelligence
community, and prior experience in the field of
intelligence or national security; and
``(C) on the basis of demonstrated ability in
accounting, financial analysis, law, management
analysis, public administration, or auditing.
``(3) The Inspector General shall report directly to and be
under the general supervision of the Director of National
Intelligence.
``(4) The Inspector General may be removed from office only
by the President. The President shall immediately communicate
in writing to the congressional intelligence committees the
reasons for the removal of any individual from the position of
Inspector General.
``(d) Duties and Responsibilities.--Subject to subsections
(g) and (h), it shall be the duty and responsibility of the
Inspector General of the Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, and audits relating to
matters within the responsibility and authority of the
Director of National Intelligence to ensure they are
conducted efficiently and in accordance with applicable
law and regulations;
``(2) to keep the Director of National Intelligence
fully and currently informed concerning violations of
law and regulations, violations of civil liberties and
privacy, fraud and other serious problems, abuses, and
deficiencies that may occur in matters within the
responsibility and authority of the Director, and to
report the progress made in implementing corrective
action;
``(3) to take due regard for the protection of
intelligence sources and methods in the preparation of
all reports issued by the Inspector General, and, to
the extent consistent with the purpose and objective of
such reports, take such measures as may be appropriate
to minimize the disclosure of intelligence sources and
methods described in such reports; and
``(4) in the execution of the duties and
responsibilities under this section, to comply with
generally accepted government auditing standards.
``(e) Limitations on Activities.--(1) The Director of
National Intelligence may prohibit the Inspector General of the
Intelligence Community from initiating, carrying out, or
completing any investigation, inspection, or audit if the
Director determines that such prohibition is necessary to
protect vital national security interests of the United States.
``(2) If the Director exercises the authority under
paragraph (1), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
authority within 7 days to the congressional intelligence
committees.
``(3) The Director shall advise the Inspector General at
the time a report under paragraph (2) is submitted, and, to the
extent consistent with the protection of intelligence sources
and methods, provide the Inspector General with a copy of such
report.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the
Inspector General has notice under paragraph (3) that the
Inspector General considers appropriate.
``(f) Authorities.--(1) The Inspector General of the
Intelligence Community shall have direct and prompt access to
the Director of National Intelligence when necessary for any
purpose pertaining to the performance of the duties of the
Inspector General.
``(2)(A) The Inspector General shall have access to any
employee, or any employee of a contractor, of any element of
the intelligence community whose testimony is needed for the
performance of the duties of the Inspector General.
``(B) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to the programs
and operations with respect to which the Inspector General has
responsibilities under this section.
``(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient
rationale for denying the Inspector General access to any
materials under subparagraph (B).
``(D) Failure on the part of any employee, or any employee
of a contractor, of any element of the intelligence community
to cooperate with the Inspector General shall be grounds for
appropriate administrative actions by the Director or, on the
recommendation of the Director, other appropriate officials of
the intelligence community, including loss of employment or the
termination of an existing contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity constituting a
violation of laws, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority, or a substantial and
specific danger to the public health and safety. Once such
complaint or information has been received from an employee of
the Federal Government--
``(A) the Inspector General shall not disclose the
identity of the employee without the consent of the
employee, unless the Inspector General determines that
such disclosure is unavoidable during the course of the
investigation or the disclosure is made to an official
of the Department of Justice responsible for
determining whether a prosecution should be undertaken;
and
``(B) no action constituting a reprisal, or threat
of reprisal, for making such complaint may be taken by
any employee in a position to take such actions, unless
the complaint was made or the information was disclosed
with the knowledge that it was false or with willful
disregard for its truth or falsity.
``(4) The Inspector General shall have authority to
administer to or take from any person an oath, affirmation, or
affidavit, whenever necessary in the performance of the duties
of the Inspector General, which oath, affirmation, or affidavit
when administered or taken by or before an employee of the
Office of the Inspector General of the Intelligence Community
designated by the Inspector General shall have the same force
and effect as if administered or taken by, or before, an
officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the
Inspector General is authorized to require by subpoena the
production of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary
evidence necessary in the performance of the duties and
responsibilities of the Inspector General.
``(B) In the case of departments, agencies, and other
elements of the United States Government, the Inspector General
shall obtain information, documents, reports, answers, records,
accounts, papers, and other data and evidence for the purpose
specified in subparagraph (A) using procedures other than by
subpoenas.
``(C) The Inspector General may not issue a subpoena for,
or on behalf of, any other element of the intelligence
community, including the Office of the Director of National
Intelligence.
``(D) In the case of contumacy or refusal to obey a
subpoena issued under this paragraph, the subpoena shall be
enforceable by order of any appropriate district court of the
United States.
``(g) Coordination Among Inspectors General of Intelligence
Community.--(1)(A) In the event of a matter within the
jurisdiction of the Inspector General of the Intelligence
Community that may be subject to an investigation, inspection,
or audit by both the Inspector General of the Intelligence
Community and an Inspector General, whether statutory or
administrative, with oversight responsibility for an element or
elements of the intelligence community, the Inspector General
of the Intelligence Community and such other Inspector or
Inspectors General shall expeditiously resolve the question of
which Inspector General shall conduct such investigation,
inspection, or audit.
``(B) In attempting to resolve a question under
subparagraph (A), the Inspectors General concerned may request
the assistance of the Intelligence Community Inspectors General
Forum established under subparagraph (C). In the event 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 the Forum, the Inspectors
General shall submit the question to the Director of National
Intelligence and the head of the agency or department for
resolution.
``(C) There is established the Intelligence Community
Inspectors General Forum which shall consist of all statutory
or administrative Inspectors General with oversight
responsibility for an element or elements of the intelligence
community. The Inspector General of the Intelligence Community
shall serve as the chair of the Forum. The Forum shall have no
administrative authority over any Inspector General, but shall
serve as a mechanism for informing its members of the work of
individual members of the Forum that may be of common interest
and discussing questions about jurisdiction or access to
employees, employees of a contractor, records, audits, reviews,
documents, recommendations, or other materials that may involve
or be of assistance to more than 1 of its members.
``(2) The Inspector General conducting an investigation,
inspection, or audit covered by paragraph (1) shall submit the
results of such investigation, inspection, or audit to any
other Inspector General, including the Inspector General of the
Intelligence Community, with jurisdiction to conduct such
investigation, inspection, or audit who did not conduct such
investigation, inspection, or audit.
``(h) Staff and Other Support.--(1) The Inspector General
of the Intelligence Community shall be provided with
appropriate and adequate office space at central and field
office locations, together with such equipment, office
supplies, maintenance services, and communications facilities
and services as may be necessary for the operation of such
offices.
``(2)(A) Subject to applicable law and the policies of the
Director of National Intelligence, the Inspector General shall
select, appoint, and employ such officers and employees as may
be necessary to carry out the functions of the Inspector
General. The Inspector General shall ensure that any officer or
employee so selected, appointed, or employed has security
clearances appropriate for the assigned duties of such officer
or employee.
``(B) In making selections under subparagraph (A), the
Inspector General shall ensure that such officers and employees
have the requisite training and experience to enable the
Inspector General to carry out the duties of the Inspector
General effectively.
``(C) In meeting the requirements of this paragraph, the
Inspector General shall create within the Office of the
Inspector General of the Intelligence Community a career cadre
of sufficient size to provide appropriate continuity and
objectivity needed for the effective performance of the duties
of the Inspector General.
``(3)(A) Subject to the concurrence of the Director, the
Inspector General may request such information or assistance as
may be necessary for carrying out the duties and
responsibilities of the Inspector General from any department,
agency, or other element of the United States Government.
``(B) Upon request of the Inspector General for information
or assistance under subparagraph (A), the head of the
department, agency, or element concerned shall, insofar as is
practicable and not in contravention of any existing statutory
restriction or regulation of the department, agency, or
element, furnish to the Inspector General, or to an authorized
designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community
may, upon reasonable notice to the head of any element of the
intelligence community, conduct, as authorized by this section,
an investigation, inspection, or audit of such element and may
enter into any place occupied by such element for purposes of
the performance of the duties of the Inspector General.
``(i) Reports.--(1)(A) The Inspector General of the
Intelligence Community shall, not later than January 31 and
July 31 of each year, prepare and submit to the Director of
National Intelligence a classified, and, as appropriate,
unclassified semiannual report summarizing the activities of
the Office of the Inspector General of the Intelligence
Community during the immediately preceding 6-month 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, or audit conducted during
the period covered by such report, including a summary
of the progress of each particular investigation,
inspection, or audit since the preceding report of the
Inspector General under this paragraph.
``(ii) A description of significant problems,
abuses, and deficiencies relating to the administration
and implementation of programs and operations of the
intelligence community, and in the relationships
between elements of the intelligence community,
identified by the Inspector General during the period
covered by such report.
``(iii) A description of the recommendations for
corrective or disciplinary action made by the Inspector
General during the period covered by such report with
respect to significant problems, abuses, or
deficiencies identified in clause (ii).
``(iv) A statement whether or not corrective or
disciplinary action has been completed on each
significant recommendation described in previous
semiannual reports, and, in a case where corrective
action has been completed, a description of such
corrective action.
``(v) A certification whether or not the Inspector
General has had full and direct access to all
information relevant to the performance of the
functions of the Inspector General.
``(vi) A description of the exercise of the
subpoena authority under subsection (f)(5) by the
Inspector General during the period covered by such
report.
``(vii) Such recommendations as the Inspector
General considers appropriate for legislation to
promote economy, efficiency, and effectiveness in the
administration and implementation of matters within the
responsibility and authority of the Director of
National Intelligence, and to detect and eliminate
fraud and abuse in such matters.
``(C) Not later than the 30 days after the date of receipt
of a report under subparagraph (A), the Director shall transmit
the report to the congressional intelligence committees
together with any comments the Director considers appropriate.
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 matters within the responsibility and
authority of the Director of National Intelligence.
``(B) The Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within 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, or audit
carried out by the Inspector General focuses on any
current or former intelligence community official who--
``(i) holds or held a position in an
element of the intelligence community that is
subject to appointment by the President,
whether or not by and with the advice and
consent of the Senate, including such a
position held on an acting basis;
``(ii) holds or held a position in an
element of the intelligence community,
including a position held on an acting basis,
that is appointed by the Director of National
Intelligence; or
``(iii) holds or held a position as head of
an element of the intelligence community or a
position covered by subsection (b) or (c) of
section 106;
``(C) a matter requires a report by the Inspector
General to the Department of Justice on possible
criminal conduct by a current or former official
described in subparagraph (B);
``(D) the Inspector General receives notice from
the Department of Justice declining or approving
prosecution of possible criminal conduct of any current
or former official described in subparagraph (B); or
``(E) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an
investigation, inspection, or audit,
the Inspector General shall immediately notify and submit a
report on such matter to the congressional intelligence
committees.
``(4) Pursuant to title V, the Director shall submit to the
congressional intelligence committees any report or findings
and recommendations of an investigation, inspection, or audit
conducted by the office which has been requested by the
Chairman or Vice Chairman or Ranking Minority Member of either
committee.
``(5)(A) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of a contractor to
the intelligence community who intends to report to Congress a
complaint or information with respect to an urgent concern may
report such complaint or information to the Inspector General.
``(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a
complaint or information under subparagraph (A), the Inspector
General shall determine whether the complaint or information
appears credible. Upon making such a determination, the
Inspector General shall transmit to the Director a notice of
that determination, together with the complaint or information.
``(C) Upon receipt of a transmittal from the Inspector
General under subparagraph (B), the Director shall, within 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 intelligence committees in accordance with
appropriate security practices.
``(iii) A member or employee of 1 of the congressional
intelligence committees who receives a complaint or information
under clause (i) does so in that member or employee's official
capacity as a member or employee of such committee.
``(E) The Inspector General shall notify an employee who
reports a complaint or information to the Inspector General
under this paragraph of each action taken under this paragraph
with respect to the complaint or information. Such notice shall
be provided not later than 3 days after any such action is
taken.
``(F) An action taken by the Director or the Inspector
General under this paragraph shall not be subject to judicial
review.
``(G) In this paragraph, the term `urgent concern' means
any of the following:
``(i) A serious or flagrant problem, abuse,
violation of law or Executive order, or deficiency
relating to the funding, administration, or operation
of an intelligence activity involving classified
information, but does not include differences of
opinions concerning public policy matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation
of an intelligence activity.
``(iii) An action, including a personnel action
described in section 2302(a)(2)(A) of title 5, United
States Code, constituting reprisal or threat of
reprisal prohibited under subsection (f)(3)(B) of this
section in response to an employee's reporting an
urgent concern in accordance with this paragraph.
``(H) In support of this paragraph, Congress makes the
findings set forth in paragraphs (1) through (6) of section
701(b) of the Intelligence Community Whistleblower Protection
Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App. 8H
note).
``(6) In accordance with section 535 of title 28, United
States Code, the Inspector General shall report to the Attorney
General any information, allegation, or complaint received by
the Inspector General relating to violations of Federal
criminal law that involves a program or operation of an element
of the intelligence community, or in the relationships between
the elements of the intelligence community, consistent with
such guidelines as may be issued by the Attorney General
pursuant to subsection (b)(2) of such section. A copy of each
such report shall be furnished to the Director.
``(j) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures to be issued
by the Director in consultation with the congressional
intelligence committees, include in the National Intelligence
Program budget a separate account for the Office of Inspector
General of the Intelligence Community.
``(k) Construction of Duties Regarding Elements of
Intelligence Community.--Except as resolved pursuant to
subsection (g), the performance by the Inspector General of the
Intelligence Community of any duty, responsibility, or function
regarding an element of the intelligence community shall not be
construed to modify or effect the duties and responsibilities
of any other Inspector General, whether statutory or
administrative, having duties and responsibilities relating to
such element.''.
(2) Clerical amendment.--The table of contents in
the first section of the National Security Act of 1947
is amended by inserting after the item relating to
section 103G the following new item:
``Sec. 103H. Inspector General of the Intelligence Community.''.
(b) Repeal of Superseded Authority To Establish Position.--
Section 8K of the Inspector General Act of 1978 (5 U.S.C. App.)
is repealed.
(c) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following new item:
``Inspector General of the Intelligence
Community.''.
SEC. 414. ANNUAL REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE
INTELLIGENCE COMMUNITY.
(a) Report.--
(1) In general.--Title V of the National Security
Act of 1947 (50 U.S.C. 413 et seq.), as amended by
title III of this Act, is further amended by adding at
the end the following new section:
``REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE INTELLIGENCE COMMUNITY
``Sec. 508. Not later than February 1 of each year, the
Director of National Intelligence shall submit to the
congressional intelligence committees a report on the
proficiency in foreign languages and, if appropriate, in
foreign dialects of each element of the intelligence community,
including--
``(1) the number of positions authorized for such
element that require foreign language proficiency and
the level of proficiency required;
``(2) an estimate of the number of such positions
that each element will require during the 5-year period
beginning on the date of the submission of the report;
``(3) the number of positions authorized for such
element that require foreign language proficiency that
are filled by--
``(A) military personnel; and
``(B) civilian personnel;
``(4) the number of applicants for positions in
such element in the previous fiscal year that indicated
foreign language proficiency, including the foreign
language indicated and the proficiency level;
``(5) the number of persons hired by such element
with foreign language proficiency, including the
foreign language and proficiency level;
``(6) the number of personnel of such element
currently attending foreign language training,
including the provider of such training;
``(7) a description of such element's efforts to
recruit, hire, train, and retain personnel that are
proficient in a foreign language;
``(8) an assessment of methods and models for
basic, advanced, and intensive foreign language
training;
``(9) for each foreign language and, where
appropriate, dialect of a foreign language--
``(A) the number of positions of such
element that require proficiency in the foreign
language or dialect;
``(B) the number of personnel of such
element that are serving in a position that--
``(i) requires proficiency in the
foreign language or dialect to perform
the primary duty of the position; and
``(ii) does not require proficiency
in the foreign language or dialect to
perform the primary duty of the
position;
``(C) the number of personnel of such
element rated at each level of proficiency of
the Interagency Language Roundtable;
``(D) whether the number of personnel at
each level of proficiency of the Interagency
Language Roundtable meets the requirements of
such element;
``(E) the number of personnel serving or
hired to serve as linguists for such element
that are not qualified as linguists under the
standards of the Interagency Language
Roundtable;
``(F) the number of personnel hired to
serve as linguists for such element during the
preceding calendar year;
``(G) the number of personnel serving as
linguists that discontinued serving such
element during the preceding calendar year;
``(H) the percentage of work requiring
linguistic skills that is fulfilled by an ally
of the United States; and
``(I) the percentage of work requiring
linguistic skills that is fulfilled by
contractors;
``(10) an assessment of the foreign language
capacity and capabilities of the intelligence community
as a whole; and
``(11) recommendations for eliminating required
reports relating to foreign-language proficiency that
the Director of National Intelligence considers
outdated or no longer relevant.''.
(2) Report date.--Section 507(a)(1) of such Act (50
U.S.C. 415b(a)(1)), as amended by section 328(f) of
this Act, is further amended by adding at the end the
following new subparagraph:
``(M) The annual report on foreign language
proficiency in the intelligence community required by
section 508.''.
(b) Conforming Amendment.--The table of contents in the
first section of such Act is further amended by inserting after
the item relating to section 507 the following new item:
``Sec. 508. Report on foreign language proficiency in the intelligence
community.''.
SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON RETIREMENT
BENEFITS FOR FORMER EMPLOYEES OF AIR AMERICA.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the
advisability of providing Federal retirement benefits to United
States citizens for the service of such individuals before 1977
as employees of Air America or an associated company while such
company was owned or controlled by the United States Government
and operated or managed by the Central Intelligence Agency.
(b) Report Elements.--
(1) In general.--The report required by subsection
(a) shall include the following:
(A) The history of Air America and associated
companies before 1977, including a description of--
(i) the relationship between such companies
and the Central Intelligence Agency and other
elements of the United States Government;
(ii) the workforce of such companies;
(iii) the missions performed by such
companies and their employees for the United
States; and
(iv) the casualties suffered by employees
of such companies in the course of their
employment with such companies.
(B) A description of the retirement benefits
contracted for or promised to the employees of such
companies before 1977, the contributions made by such
employees for such benefits, the retirement benefits
actually paid such employees, the entitlement of such
employees to the payment of future retirement benefits,
and the likelihood that former employees of such
companies will receive any future retirement benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former
employees of such companies have received or
will receive by virtue of their employment with
such companies; and
(ii) the retirement benefits that such
employees would have received and in the future
receive if such employees had been, or would
now be, treated as employees of the United
States whose services while in the employ of
such companies had been or would now be
credited as Federal service for the purpose of
Federal retirement benefits.
(D) Any recommendations regarding the advisability
of legislative action to treat employment at such
companies as Federal service for the purpose of Federal
retirement benefits in light of the relationship
between such companies and the United States Government
and the services and sacrifices of such employees to
and for the United States, and if legislative action is
considered advisable, a proposal for such action and an
assessment of its costs.
(2) Other Content.--The Director of National Intelligence
shall include in the report any views of the Director of the
Central Intelligence Agency on the matters covered by the
report that the Director of the Central Intelligence Agency
considers appropriate.
(c) Assistance of Comptroller General.--The Comptroller
General of the United States shall, upon the request of the
Director of National Intelligence and in a manner consistent
with the protection of classified information, assist the
Director in the preparation of the report required by
subsection (a).
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Definitions.--In this section:
(1) Air america.--The term ``Air America'' means
Air America, Incorporated.
(2) Associated company.--The term ``associated
company'' means any company associated with or
subsidiary to Air America, including Air Asia Company
Limited and the Pacific Division of Southern Air
Transport, Incorporated.
SEC. 416. SPACE INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) as amended by sections 303, 304, and 411 of this
Act, is further amended by adding at the end the following new
subsection:
``(v) Consideration of Space Intelligence.--
``(1) In general.--The Director of National
Intelligence shall require that space-intelligence
related issues and concerns are fully considered in
carrying out the authorities of the intelligence
community under this Act and under other provisions of
law, including in carrying out--
``(A) the responsibilities and authorities
described under subsections (f), (h), and (q);
and
``(B) the creation of policy, and in the
recruitment, hiring, training, and retention of
personnel.
``(2) Additional considerations.--The Director of
National Intelligence shall ensure that agencies give
due consideration to the vulnerability assessment
prepared for a given major system, as required in
section 506C of this Act, at all stages of architecture
and system planning, development, acquisition,
operation, and support of a space-intelligence
system.''.
SEC. 417. 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 an element
of the Office of the Director of National Intelligence from the
exempted operational files of elements of the intelligence
community designated in accordance with this title, and any
operational files created by the Office of the Director of
National Intelligence that incorporate such record in
accordance with subparagraph (A)(ii), shall be exempted from
the provisions of section 552 of title 5, United States Code
that require search, review, publication, or disclosure in
connection therewith, in any instance in which--
``(A)(i) such record is shared within the Office of
the Director of National Intelligence and not
disseminated by that Office beyond that Office; or
``(ii) such record is incorporated into new records
created by personnel of the Office of the Director of
National Intelligence and maintained in operational
files of the Office of the Director of National
Intelligence and such record is not disseminated by
that Office beyond that Office; and
``(B) the operational files from which such record
has been obtained continue to remain designated as
operational files exempted from section 552 of title 5,
United States Code.
``(2) The operational files of the Office of the Director
of National Intelligence referred to in paragraph (1)(A)(ii)
shall be 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 an element or elements of the Office of the
Director of National Intelligence, or referenced in operational
files of the Office of the Director of National Intelligence
and that are not disseminated beyond the Office of the Director
of National Intelligence.
``(5) Notwithstanding any other provision of this title,
the incorporation of records from the operational files of the
Central Intelligence Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance Office, the
National Security Agency, or the Defense Intelligence Agency,
into operational files of the Office of the Director of
National Intelligence shall not subject that record or the
operational files of the Central Intelligence Agency, the
National Geospatial-Intelligence Agency, the National
Reconnaissance Office, the National Security Agency or the
Defense Intelligence Agency to the search and review provisions
of section 552 of title 5, United States Code.
``(b) Other Records.--(1) Files in the Office of the
Director of National Intelligence that are not exempted under
subsection (a) of this section which contain information
derived or disseminated from exempted operational files shall
be subject to search and review under section 552 of title 5,
United States Code.
``(2) The inclusion of information from exempted
operational files in files of the Office of the Director of
National Intelligence that are not exempted under subsection
(a) shall not affect the exemption of the originating
operational files from search, review, publication, or
disclosure.
``(3) Records from exempted operational files of the Office
of the Director of National Intelligence which have been
disseminated to and referenced in files that are not exempted
under subsection (a), and which have been returned to exempted
operational files of the Office of the Director of National
Intelligence for sole retention, shall be subject to search and
review.
``(c) Search and Review for Certain Purposes.--
Notwithstanding subsection (a), exempted operational files
shall continue to be subject to search and review for
information concerning any of the following:
``(1) United States citizens or aliens lawfully
admitted for permanent residence who have requested
information on themselves pursuant to the provisions of
section 552 or 552a of title 5, United States Code.
``(2) Any special activity the existence of which
is not exempt from disclosure under the provisions of
section 552 of title 5, United States Code.
``(3) The specific subject matter of an
investigation by any of the following for any
impropriety, or violation of law, Executive order, or
Presidential directive, in the conduct of an
intelligence activity:
``(A) The Select Committee on Intelligence
of the Senate.
``(B) The Permanent Select Committee on
Intelligence of the House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of
National Intelligence.
``(F) The Office of the Inspector General
of the Intelligence Community.
``(d) Decennial Review of Exempted Operational Files.--(1)
Not less than once every 10 years, the Director of National
Intelligence shall review the operational files exempted under
subsection (a) to determine whether such files, or any portion
of such files, may be removed from the category of exempted
files.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest
in the subject matter of the particular category of files or
portions thereof and the potential for declassifying a
significant part of the information contained therein.
``(3) A complainant that alleges that 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
2008 or before the expiration of the 10-year period
beginning on the date of the most recent review.
``(B) Whether the Director of National
Intelligence, in fact, considered the criteria set
forth in paragraph (2) in conducting the required
review.
``(e) Supersedure of Other Laws.--The provisions of this
section may not be superseded except by a provision of law that
is enacted after the date of the enactment of this section and
that specifically cites and repeals or modifies such
provisions.
``(f) Applicability.--The Director of National Intelligence
will publish a regulation listing the specific elements within
the Office of the Director of National Intelligence whose
records can be exempted from search and review under this
section.
``(g) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as provided in paragraph (2), whenever any
person who has requested agency records under section 552 of
title 5, United States Code, alleges that the Office of the
Director of National Intelligence has withheld records
improperly because of failure to comply with any provision of
this section, judicial review shall be available under the
terms set forth in section 552(a)(4)(B) of title 5, United
States Code.
``(2) Judicial review shall not be available in the manner
provided for under paragraph (1) as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive
order to be kept secret in the interests of national
defense or foreign relations is filed with, or produced
for, the court by the Office of the Director of
National Intelligence, such information shall be
examined ex parte, in camera by the court.
``(B) The court shall determine, to the fullest
extent practicable, the issues of fact based on sworn
written submissions of the parties.
``(C) When a complainant alleges that requested
records are improperly withheld because of improper
placement solely in exempted operational files, the
complainant shall support such allegation with a sworn
written submission based upon personal knowledge or
otherwise admissible evidence.
``(D)(i) When a complainant alleges that requested
records were improperly withheld because of improper
exemption of operational files, the Office of the
Director of National Intelligence shall meet its burden
under section 552(a)(4)(B) of title 5, United States
Code, by demonstrating to the court by sworn written
submission that exempted operational files likely to
contain responsive records currently meet the criteria
set forth in subsection (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. 418. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY
COMMITTEES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 4(b) of the Federal Advisory Committee Act (5
U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or'';
(2) in paragraph (2), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new
paragraph:
``(3) the Office of the Director of National
Intelligence.''.
SEC. 419. 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. 420. 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);
and
(2) by redesignating subsections (e), (f), (g),
(k), (l), and (m) as subsections (d), (e), (f), (g),
(h), and (i), respectively; and
(3) in subsection (f), as redesignated by paragraph
(2), by striking paragraphs (3) and (4).
(b) Conforming Amendments.--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)''.
Subtitle B--Central Intelligence Agency
SEC. 431. REVIEW OF COVERT ACTION PROGRAMS BY INSPECTOR GENERAL OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Section 503 of the National Security Act
of 1947 (50 U.S.C. 413b) is amended by--
(1) redesignating subsection (e) as subsection (g)
and transferring such subsection to the end; and
(2) by inserting after subsection (d) the following
new subsection:
``(e) Inspector General Audits of Covert Actions.--
``(1) In general.--Subject to paragraph (2), the
Inspector General of the Central Intelligence Agency
shall conduct an audit of each covert action at least
every 3 years. Such audits shall be conducted subject
to the provisions of paragraphs (3) and (4) of
subsection (b) of section 17 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q).
``(2) Terminated, suspended programs.--The
Inspector General of the Central Intelligence Agency is
not required to conduct an audit under paragraph (1) of
a covert action that has been terminated or suspended
if such covert action was terminated or suspended prior
to the last audit of such covert action conducted by
the Inspector General and has not been restarted after
the date on which such audit was completed.
``(3) Report.--Not later than 60 days after the
completion of an audit conducted pursuant to paragraph
(1), the Inspector General of the Central Intelligence
Agency shall submit to the congressional intelligence
committees a report containing the results of such
audit.''.
(b) Conforming Amendments.--Title V of the National
Security Act of 1947 (50 U.S.C. 413 et seq.) is amended--
(1) in section 501(f) (50 U.S.C. 413(f)), by
striking ``503(e)'' and inserting ``503(g)'';
(2) in section 502(a)(1) (50 U.S.C. 413b(a)(1)), by
striking ``503(e)'' and inserting ``503(g)''; and
(3) in section 504(c) (50 U.S.C. 414(c)), by
striking ``503(e)'' and inserting ``503(g)''.
SEC. 432. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY OF REQUIREMENT FOR ANNUAL REPORT ON PROGRESS
IN AUDITABLE FINANCIAL STATEMENTS.
Section 114A of the National Security Act of 1947 (50
U.S.C. 404i-1) is amended by striking ``the Director of the
Central Intelligence Agency,''.
SEC. 433. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE PERSONNEL
OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Section 5(a)(4) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is
amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated--
(A) by striking ``and the protection'' and
inserting ``the protection''; and
(B) by striking the semicolon and inserting
``, and the protection of the Director of
National Intelligence and such personnel of the
Office of the Director of National Intelligence
as the Director of National Intelligence may
designate; and''; and
(3) by adding at the end the following new
subparagraph:
``(B) Authorize personnel engaged in the
performance of protective functions authorized pursuant
to subparagraph (A), when engaged in, and in
furtherance of, the performance of such functions, to
make arrests without warrant for any offense against
the United States committed in the presence of such
personnel, or for any felony cognizable under the laws
of the United States, if such personnel have reasonable
grounds to believe that the person to be arrested has
committed or is committing such felony, except that any
authority pursuant to this subparagraph may be
exercised only in accordance with guidelines approved
by the Director and the Attorney General and such
personnel may not exercise any authority for the
service of civil process or for the investigation of
criminal offenses;''.
(b) Requirement To Report.--As soon as possible after the
date of an exercise of authority under subparagraph (B) of
section 5(a)(4) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403f(a)(4)), as added by subsection (a)(3), and not
later than 10 days after such date, the Director of the Central
Intelligence Agency shall submit to the congressional
intelligence committees a report describing such exercise of
authority.
SEC. 434. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN CENTRAL
INTELLIGENCE AGENCY POSITIONS.
Section 17(d)(3)(B)(ii) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is amended--
(1) in subclause (I), by striking ``Executive
Director'' and inserting ``Associate Deputy Director'';
(2) in subclause (II), by striking ``Deputy
Director for Operations'' and inserting ``Director of
the National Clandestine Service'';
(3) in subclause (III), by striking ``Deputy
Director for Intelligence'' and inserting ``Director of
Intelligence'';
(4) in subclause (IV), by striking ``Deputy
Director for Administration'' and inserting ``Director
of Support''; and
(5) in subclause (V), by striking ``Deputy Director
for Science and Technology'' and inserting ``Director
of Science and Technology''.
SEC. 435. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
2004.
Section 105(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C.
311 note) is amended--
(1) by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) by inserting ``or in section 313 of such
title,'' after ``subsection (a)),''.
Subtitle C--Defense Intelligence Components
SEC. 441. ENHANCEMENT OF NATIONAL SECURITY AGENCY TRAINING PROGRAM.
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''.
SEC. 442. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY AGENCY
PROTECTIVE PERSONNEL.
The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by adding at the end the following new
section:
``Sec. 21. (a) The Director of the National Security Agency
is authorized to designate personnel of the National Security
Agency to perform protective functions for the Director and for
any personnel of the Agency designated by the Director.
``(b)(1) In the performance of protective functions under
this section, personnel of the Agency designated to perform
protective functions pursuant to subsection (a) are authorized,
when engaged in, and in furtherance of, the performance of such
functions, to make arrests without a warrant for--
``(A) any offense against the United States
committed in the presence of such personnel; or
``(B) any felony cognizable under the laws of the
United States if such personnel have reasonable grounds
to believe that the person to be arrested has committed
or is committing such felony.
``(2) The authority in paragraph (1) may be exercised only
in accordance with guidelines approved by the Director and the
Attorney General.
``(3) Personnel of the Agency designated to perform
protective functions pursuant to subsection (a) shall not
exercise any authority for the service of civil process or the
investigation of criminal offenses.
``(c) Nothing in this section shall be construed to impair
or otherwise affect any authority under any other provision of
law relating to the performance of protective functions.
``(d) As soon as possible after the date of an exercise of
authority under this section and not later than 10 days after
such date, the Director shall submit to the congressional
intelligence committees a report describing such exercise of
authority.
``(e) In this section, the term `congressional intelligence
committees' means--
``(1) the Select Committee on Intelligence of the
Senate; and
``(2) the Permanent Select Committee on
Intelligence of the House of Representatives.''.
SEC. 443. 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 that Act--
(1) by inserting ``(1)'' after ``(d)'';
(2) in the second sentence of paragraph (1), as
designated by paragraph (1) of this subsection, by
striking ``The head'' and inserting ``Except as
provided in paragraph (2), the head''; and
(3) by adding at the end the following new
paragraph:
``(2)(A) The 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. 444. 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 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.
(c) 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
Reconnaissance Office.
(d) Effective Date and Applicability.--The amendments made
by subsections (a) and (b) shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(1) the date of the nomination by the President of
an individual to serve 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
(2) 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.
SEC. 445. 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. 446. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
The Secretary of Defense shall, during the period beginning
on the date of the enactment of this Act and ending on December
31, 2008, delegate to the Director of the National Geospatial-
Intelligence Agency personnel security authority with respect
to the National Geospatial-Intelligence Agency (including
authority relating to the use of contractor personnel in
investigations and adjudications for security clearances) that
is identical to the personnel security authority of the
Director of the National Security Agency with respect to the
National Security Agency.
Subtitle D--Other Elements
SEC. 451. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG
ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after
``the Marine Corps,''; and
(B) by inserting ``the Drug Enforcement
Administration,'' after ``the Federal Bureau of
Investigation,''; and
(2) in subparagraph (K), by striking ``, including
the Office of Intelligence of the Coast Guard''.
TITLE V--OTHER MATTERS
Subtitle A--General Intelligence Matters
SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED
STATES INTELLIGENCE COMMUNITY.
(a) Extension.--
(1) In general.--Subsection (a) of section 1007 of
the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306; 116 Stat. 2442) is amended by
striking ``September 1, 2004'' and inserting ``December
31, 2008''.
(2) Effective date.--Subject to paragraph (3), the
amendment made by paragraph (1) shall take effect as if
included in the enactment of such section 1007.
(3) Commission membership.--
(A) In general.--The membership of the
National Commission for the Review of the
Research and Development Programs of the United
States Intelligence Community established under
subsection (a) of section 1002 of such Act
(Public Law 107-306; 116 Stat. 2438) (referred
to in this section as the ``Commission'') shall
be considered vacant and new members shall be
appointed in accordance with such section 1002,
as amended by subparagraph (B).
(B) Technical amendment.--Paragraph (1) of
subsection (b) of such section 1002 is amended
by striking ``The Deputy Director of Central
Intelligence for Community Management.'' and
inserting ``The Principal Deputy Director of
National Intelligence.''.
(b) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated by this Act for the Intelligence Community
Management Account, the Director of National
Intelligence shall make $2,000,000 available to the
Commission to carry out title X of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-
306; 116 Stat. 2437).
(2) Availability.--Amounts made available to the
Commission pursuant to paragraph (1) shall remain
available until expended.
SEC. 502. REPORT ON INTELLIGENCE ACTIVITIES.
Not later than 120 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit to
the congressional intelligence committees a report describing
authorizations, if any, granted during the 10-year period
ending on the date of the enactment of this Act to engage in
intelligence activities related to the overthrow of a
democratically elected government.
SEC. 503. AERIAL RECONNAISSANCE PLATFORMS.
Section 133(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2112) is amended--
(1) in paragraph (1)--
(A) by striking ``After fiscal year 2007''
and inserting ``For each fiscal year after
fiscal year 2007''; and
(B) by inserting ``, in that fiscal year,''
after ``Secretary of Defense''; and
(2) in paragraph (2)--
(A) by inserting ``in a fiscal year'' after
``Department of Defense''; and
(B) by inserting ``in that fiscal year''
after ``Congress''.
Subtitle B--Technical Amendments
SEC. 511. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING
FROM ENACTMENT OF THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) References to Head of Intelligence Community.--Title
10, United States Code, is amended by striking ``Director of
Central Intelligence'' each place it appears and inserting
``Director of National Intelligence'' in the following:
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by
striking ``Director of Central Intelligence'' each place it
appears and inserting ``Director of National Intelligence'' in
the following:
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--
Section 444 of such title is amended by striking ``Director of
Central Intelligence'' each place it appears and inserting
``Director of the Central Intelligence Agency''.
SEC. 512. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE AGENCY ACT OF
1949.
Section 5(a)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(a)(1)) is amended by striking ``authorized
under paragraphs (2) and (3) of section 102(a), subsections
(c)(7) and (d) of section 103, subsections (a) and (g) of
section 104, and section 303 of the National Security Act of
1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7), (d), 403-4(a),
(g), and 405)'' and inserting ``authorized under section 104A
of the National Security Act of 1947 (50 U.S.C. 403-4a).''.
SEC. 513. 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.--
That section is further amended--
(1) in subsections (a) and (c), by striking
``Director of Central Intelligence'' and inserting
``Director of National Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Conforming Amendment.--The heading of that section is
amended to read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
SEC. 514. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT
MILITARY INTELLIGENCE PROGRAM AND TACTICAL
INTELLIGENCE AND RELATED ACTIVITIES.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended--
(1) in subsection (c)(3)(A), by striking ``annual
budgets for the Joint Military Intelligence Program and
for Tactical Intelligence and Related Activities'' and
inserting ``annual budget for the Military Intelligence
Program or any successor program or programs''; and
(2) in subsection (d)(1)(B), by striking ``Joint
Military Intelligence Program'' and inserting
``Military Intelligence Program or any successor
program or programs''.
SEC. 515. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.)
is amended as follows:
(1) In section 102A (50 U.S.C. 403-1)--
(A) in subsection (d)--
(i) in paragraph (3), by striking
``subparagraph (A)'' in the matter
preceding subparagraph (A) and
inserting ``paragraph (1)(A)'';
(ii) in paragraph (5)(A), by
striking ``or personnel'' in the matter
preceding clause (i); and
(iii) in paragraph (5)(B), by
striking ``or agency involved'' in the
second sentence and inserting
``involved or the Director of the
Central Intelligence Agency (in the
case of the Central Intelligence
Agency)'';
(B) in subsection (l)(2)(B), by striking
``section'' and inserting ``paragraph''; and
(C) in subsection (n), by inserting ``and
Other'' after ``Acquisition''.
(2) In section 119(c)(2)(B) (50 U.S.C.
404o(c)(2)(B)), by striking ``subsection (h)'' and
inserting ``subsection (i)''.
(3) In section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and
inserting ``responsive''.
SEC. 516. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.
(a) Amendments to National Security Intelligence Reform Act
of 2004.--The National Security Intelligence Reform Act of 2004
(title I of Public Law 108-458; 118 Stat. 3643) is amended as
follows:
(1) In section 1016(e)(10)(B) (6 U.S.C.
485(e)(10)(B)), by striking ``Attorney General'' the
second place it appears and inserting ``Department of
Justice''.
(2) In section 1071(e), by striking ``(1)''.
(3) In section 1072(b), in the subsection heading
by inserting ``Agency'' after ``Intelligence''.
(b) Other Amendments to Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638) is
amended as follows:
(1) In section 2001 (28 U.S.C. 532 note)--
(A) in subsection (c)(1), by inserting
``of'' before ``an institutional culture'';
(B) in subsection (e)(2), by striking ``the
National Intelligence Director in a manner
consistent with section 112(e)'' and inserting
``the Director of National Intelligence in a
manner consistent with applicable law''; and
(C) in subsection (f), by striking
``shall,'' in the matter preceding paragraph
(1) and inserting ``shall''.
(2) In section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking ``the
Federal'' and inserting ``Federal''; and
(B) in paragraph (3), by striking ``the
specific'' and inserting ``specific''.
SEC. 517. 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.''.
And the Senate agree to the same.
From the Permanent Select Committee on
Intelligence, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Silvestre Reyes,
Alcee L. Hastings,
Leonard L. Boswell,
Bud Cramer,
Anna G. Eshoo,
Rush Holt,
C.A. Ruppersberger,
Mike Thompson,
Janice Schakowsky,
James R. Langevin,
Patrick J. Murphy.
From the Committee on Armed Services, for
consideration of defense tactical intelligence
and related activities:
Ike Skelton,
John M. Spratt, Jr.,
Managers on the Part of the House.
John Rockefeller,
Dianne Feinstein,
Ron Wyden,
Evan Bayh,
Barbara A. Mikulski,
Russell D. Feingold,
Bill Nelson,
Sheldon Whitehouse,
Chuck Hagel,
Olympia J. Snowe,
As additional conferee:
Carl Levin,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the Senate and the House at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2082), to
authorize appropriations for fiscal year 2008 for intelligence
and intelligence-related activities of the United States
Government, the Intelligence Community Management Account, and
the Central Intelligence Agency Retirement and Disability
System, and for other purposes, submit the following joint
statement to the Senate and House in explanation of the effect
of the action agreed upon by the managers and recommended in
the accompanying conference report.
The classified nature of United States intelligence
activities precludes disclosure of details of budgetary
recommendations in this conference report. The managers have
therefore prepared a classified supplement to this conference
report that contains the classified annex to this conference
report and the classified Schedule of Authorizations.
The managers agree that the congressionally directed
actions described in the House bill, the Senate amendment, the
respective committee reports, and classified annexes
accompanying H.R. 2082 and S. 1538, should be undertaken to the
extent that such congressionally directed actions are not
amended, altered, substituted, or otherwise specifically
addressed in either this Joint Explanatory Statement or in the
classified annex to the conference report on the bill H.R.
2082.
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Section 101. Authorization of appropriations
Section 101 of the conference report authorizes
appropriations for fiscal year 2008 for the intelligence and
intelligence-related activities of a list of United States
Government departments, agencies, and other elements. Section
101 is identical to Section 101 of the House bill, and similar
to Section 101 of the Senate amendment.
Section 102. Classified schedule of authorizations
Section 102 provides that the details of the amounts
authorized to be appropriated under Section 101 for
intelligence and intelligence-related activities for fiscal
year 2008, and (subject to Section 103) the personnel ceilings
authorized for fiscal year 2008, are contained in the
classified Schedule of Authorizations. The Schedule of
Authorizations will be made available to the Committees on
Appropriations of the Senate and House of Representatives and
to the President.
Section 102 is similar to Section 102 of the House bill.
Section 102 of the Senate amendment had provided that personnel
authorizations for the Intelligence Community would be in terms
of personnel levels, expressed as full-time equivalent
positions, rather than personnel ceilings, as in the House bill
and prior intelligence authorizations. The conferees followed
the House in this regard, but established in Section 103 an
authority during fiscal year 2008 for the management of the
personnel authorized under Section 102 as full-time
equivalents.
Section 103. Personnel ceiling adjustments
Section 103 provides procedures to enhance the
flexibility of the Director of National Intelligence (``DNI'')
to manage the personnel levels of the Intelligence Community.
Section 103(a) allows the DNI, with the approval of the
Director of the Office of Management and Budget (``OMB''), to
authorize employment of civilian personnel in excess of the
number authorized under Section 102 by an amount not to exceed
three percent of the total limit applicable to each
Intelligence Community element. Before the DNI may authorize
this increase, the DNI must determine that the action is
necessary to the performance of important intelligence
functions and notify the congressional intelligence committees.
Section 103 of the Senate amendment had provided that this
authority could extend to five percent. Section 103 of the
House bill had set the additional amount at two percent. The
conference agreement of three percent is part of a package of
personnel flexibility mechanisms in Section 103.
Section 103(b) provides for a one-year transition in the
description of the personnel authorization in the annual
intelligence authorization, and the subsequent implementation
of that authorization by the DNI, from ``personnel ceilings''
to ``personnel levels expressed as full-time equivalent
positions.'' Although the DNI has not previously managed
Intelligence Community personnel limits in terms of full-time
equivalent positions, the conferees have determined that the
DNI should use this practice in the future to plan and manage
personnel levels within the Intelligence Community. The use of
full-time equivalent positions will allow Intelligence
Community elements to plan for and manage its workforce based
on overall hours of work, rather than number of employees, as a
truer measure of personnel levels. This approach is consistent
with general governmental practice and will provide the DNI and
Congress with a more accurate measurement of personnel levels.
For example, it will enable Intelligence Community elements to
count two half-time employees as holding the equivalent of one
full-time position, rather than counting them as two employees
against a ceiling.
To provide the DNI with time to address any difficulties
arising from counting by full-time equivalent positions rather
than personnel levels, the conferees agreed that Sections 102
and 103 would allow, but do not require, the DNI to manage
personnel levels by full-time equivalent positions in fiscal
year 2008. One aspect of this transition will be the
consideration of the manner in which elements of the
Intelligence Community account for (or presently fail to
account for) a variety of part-time arrangements. These
include, but are not limited to, the circumstances set forth in
paragraph (2) of subsection 103(b): student or trainee
programs; reemployment of annuitants in the National
Intelligence Reserve Corps; joint duty rotational assignments;
and other full-time or part-time positions.
During their consideration of the DNI's request for
authority to manage personnel as full-time equivalents, the
congressional intelligence committees have learned that
practices within the Intelligence Community on the counting of
personnel are inconsistent, and include not counting certain
personnel at all against personnel ceilings. The discretionary
authority that is granted to the DNI during fiscal year 2008
will permit the DNI to authorize Intelligence Community
elements to continue (but not expand) for this one additional
fiscal year their existing methods of counting, or not
counting, part-time employees against personnel ceilings, while
ensuring that by the beginning of fiscal year 2009 there is a
uniform and accurate method of counting all Intelligence
Community employees under a system of personnel levels
expressed as full-time equivalents. To ensure that the
transition is complete by the beginning of fiscal year 2009,
paragraph (4) of Section 103(b) provides that the DNI shall
express the personnel level for all civilian employees of the
Intelligence Community as full-time equivalent positions in the
congressional budget justifications for that fiscal year.
Section 103(c) establishes authority that will enable the
DNI to reduce the number of Intelligence Community contractors
by providing the flexibility to add a comparable number of
government personnel to replace those contractor employees.
Section 103(c) accomplishes this by permitting the DNI to
authorize employment of additional personnel if the head of an
element in the Intelligence Community determines that
activities currently being performed by contractor employees
should be performed by government employees, the DNI agrees
with the determination, and the Director of OMB approves. The
DNI may not authorize this for more than ten percent of the
total number of personnel authorized for each element of the
Intelligence Community under Section 102, except that within
the Office of the DNI that limit shall be five percent. Section
103(c) is similar to Section 103(b) of the Senate amendment.
The House bill did not have a similar provision. The percentage
limits on the authority are part of the conferees' agreement.
Section 103(d) provides for notifications to the
congressional intelligence committees of the exercise of
authority under Sections 103(a) and 103(d).
Section 104. Intelligence Community Management Account
Section 104 authorizes the sum of $734,126,000 in fiscal
year 2008 for the Intelligence Community Management Account of
the Director of National Intelligence. The Intelligence
Community Management Account is part of the Community
Management Account. The section authorizes 952 full-time or
full-time equivalent personnel for the Intelligence Community
Management Account, who may be either permanent employees or
individuals detailed from other elements of the United States
Government. Section 104 also authorizes additional funds and
personnel in the classified Schedule of Authorizations for the
Community Management Account. Section 104 is similar to Section
104 of the Senate amendment and Section 104 of the House bill.
As in Section 104 of the Senate amendment, the DNI may
use the authorities in Section 103 to adjust personnel levels
in elements within the Intelligence Community Management
Account, subject to the limitations in that section.
Section 104 also authorizes funds from the Intelligence
Community Management Account for the National Drug Intelligence
Center (``NDIC''). These funds may not be used for purposes of
exercising police, subpoena, or law enforcement powers or
internal security functions. This provision authorizing funds
for NDIC was included in Section 104 of the House bill, but was
not included in Section 104 of the Senate amendment.
Section 105. Specific authorization of funds within the National
Intelligence Program for which fiscal year 2008 appropriations
exceed amounts authorized
Section 105 authorizes, solely for the purposes of
reprogramming under Section 504(a)(3) of the National Security
Act of 1947 (50 U.S.C. 414(a)(3)), those funds appropriated
within the National Intelligence Program in fiscal year 2008 in
excess of the amount specified for such activity in the
classified Schedule of Authorizations (as described in greater
detail in the Classified Annex) to accompany this conference
report. Under this authority, funds appropriated for a specific
purpose but not authorized for that purpose will still be
available for use by the Intelligence Community but can be
applied only to other intelligence activities within the
National Intelligence Program under established reprogramming
procedures.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Section 201. Authorization of appropriations
Section 201 authorizes appropriations of $262,500,000 for
the Central Intelligence Agency Retirement and Disability Fund.
Section 201 of the House bill and Section 201 of the Senate
amendment are identical.
Section 202. Technical modification to mandatory retirement provision
of Central Intelligence Agency Retirement Act
Section 202 updates the Central Intelligence Agency
Retirement Act to reflect the use of pay levels within the
Senior Intelligence Service program, rather than pay grades, by
the Central Intelligence Agency (``CIA''). Section 202 is
identical to Section 202 of the Senate amendment, and
substantially similar to Section 202 of the House bill.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Section 301. Increase in employee compensation and benefits authorized
by law
Section 301 provides that funds authorized to be
appropriated 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 compensation or benefits authorized by law.
Section 301 is identical to Section 301 of the Senate amendment
and the House bill.
Section 302. Enhanced flexibility in non-reimbursable details to
elements of the Intelligence Community
Section 302 expands from one year to up to two years the
length of time that United States Government personnel may be
detailed to the Office of the Director of National Intelligence
(``ODNI'') on a reimbursable or non-reimbursable basis under
which the employee continues to be paid by the home agency. To
utilize this authority, the joint agreement of the DNI and head
of the detailing element is required. As explained by the DNI,
this authority will provide flexibility for the ODNI to receive
support from other elements of the Intelligence Community for
community-wide activities where both the home agency and the
ODNI would benefit from the detail.
Section 308 of the Senate amendment would have expanded
the time available for reimbursable or non-reimbursable details
to three years. Section 104 of the House bill allowed non-
reimbursable details of less than one year. The conferees
agreed to a two-year maximum for reimbursable or non-
reimbursable details.
Section 303. Multi-level security clearances
Section 303 adds a provision to section 102A of the
National Security Act of 1947 (50 U.S.C. 403-1), which
generally sets forth the responsibilities and authorities of
the Director of National Intelligence. The new provision states
that the DNI shall be responsible for ensuring that the
elements of the Intelligence Community adopt a multi-level
clearance approach that allows for clearances consistent with
the protection of national security that can be tailored to
particular circumstances in order to enable the more effective
and efficient use of persons proficient in foreign languages or
with cultural, linguistic, or other subject matter expertise
that is critical to national security.
Section 303 is based on Section 406 of the House bill.
The Senate amendment did not have a comparable provision. Under
the House provision, the DNI would have been required to
establish a multi-level clearance system throughout the
Intelligence Community. Pursuant to the conference amendment,
the DNI shall, within six months of enactment, issue guidelines
to the Intelligence Community to support and facilitate the
implementation of a multi-level approach across the
Intelligence Community.
Section 304. Pay authority for critical positions
Section 304 adds a new subsection to section 102A of the
National Security Act of 1947 (50 U.S.C. 403-1) to provide
enhanced pay authority for critical positions in portions of
the Intelligence Community where that authority does not now
exist. It allows the DNI to authorize the head of a department
or agency with an Intelligence Community element to fix a rate
of compensation in excess of applicable limits with respect to
a position that requires an extremely high level of expertise
and is critical to accomplishing an important mission. A rate
of pay higher than Executive Level II would require written
approval of the DNI. A rate higher than Executive Level I would
require written approval of the President in response to a DNI
request. Section 304 is identical to the corresponding portion
of Section 405 of the Senate amendment. The House bill did not
have a comparable provision.
The section of the Senate bill that contained this pay
authority also would have provided additional authority to
enable the DNI to harmonize personnel rules in the Intelligence
Community. It would have enabled the DNI, with the concurrence
of a department or agency head, to convert competitive service
positions and incumbents within an Intelligence Community
element to excepted positions. It also would have granted
authority to the DNI to authorize Intelligence Community
elements--with concurrence of the concerned department or
agency heads and in coordination with the Director of the
Office of Personnel Management--to adopt compensation,
performance, management, and scholarship authority that have
been authorized for any other Intelligence Community element.
The conferees recommend that these proposals be studied further
during consideration of the fiscal year 2009 authorization.
Section 305. Delegation of authority for travel on common carriers for
intelligence collection personnel
Section 116 of the National Security Act of 1947 (50
U.S.C. 404k) allows the DNI to authorize travel on any common
carrier when it is consistent with Intelligence Community
mission requirements or, more specifically, is required for
cover purposes, operational needs, or other exceptional
circumstances. As presently written, the DNI may only delegate
this authority to the Principal Deputy DNI (``PDDNI'') or, with
respect to CIA employees, to the Director of the CIA.
Section 305 provides that the DNI may delegate the
authority in section 116 of the National Security Act of 1947
to the head of any element. This expansion is consistent with
the view of the conferees that the DNI should be able to
delegate authority throughout the Intelligence Community when
such delegation serves the overall interests of the
Intelligence Community.
Section 305 also provides that the head of an
Intelligence Community element to which travel authority has
been delegated is empowered to delegate it to senior officials
of the element as specified in guidelines issued by the DNI.
This allows for administrative flexibility consistent with the
guidance of the DNI for the entire Intelligence Community. To
facilitate oversight, the DNI shall submit the guidelines to
the congressional intelligence committees. Section 305 is
identical to Section 304 of the Senate amendment and
substantially the same as Section 306 of the House bill.
Section 306. Annual personnel level assessments for the Intelligence
Community
Section 306 requires the Director of National
Intelligence, in consultation with the head of the element of
the Intelligence Community concerned, to prepare an annual
assessment of the personnel and contractor levels for each
element of the Intelligence Community for the following fiscal
year. Section 306 is a new mechanism to allow both the
Executive branch and Congress to better oversee personnel
growth in the Intelligence Community. Section 306 combines
elements from Section 315 of the Senate amendment, and Sections
411 and 414 of the House bill.
The assessment required by Section 306 seeks information
about budgeted personnel and contractor costs and levels, a
comparison of this information to current fiscal year and
historical five year data, and a written justification for the
requested personnel and contractor levels. The assessment also
requires the DNI to state that, based on current and projected
funding, the element will have sufficient internal
infrastructure and training resources to support the requested
personnel and contractor levels, and sufficient funding to
support the administrative and operational activities of the
requested personnel levels. All of this information was
required in Section 315 of the Senate amendment. Section 306
also requires that the assessment contain information about
intelligence collectors and analysts employed or contracted by
each element of the Intelligence Community, and contractors who
are the subjects of an Inspector General investigation,
information that was requested in Sections 414 and 411,
respectively, of the House bill. The assessment must be
submitted to congressional intelligence committees with the
submission of the President's budget request.
The conferees believe that the personnel level assessment
required by Section 306 will provide information necessary for
the Executive branch and Congress to understand the
consequences of modifying the Intelligence Community's
personnel levels. Section 306 therefore recognizes that,
although the conferees supported personnel growth in the post-
September 11, 2001 period, personnel growth must be better
planned in the future to accomplish the goals of strengthening
intelligence collection, analysis, and dissemination. In
addition, the Administration must adequately fund its personnel
growth plan, and structure its resources, to ensure that
personnel growth is not done at the expense of other programs.
With regard to historical contractor levels to be
included in the annual assessments, the DNI has expressed
concern that there was no completed effort, prior to the ODNI's
contractor inventory initiated in June 2006, to comprehensively
capture information on the number and costs of contractors
throughout the Intelligence Community. Although the
Intelligence Community has not adequately focused on this issue
in past years, the conferees believe it is important to require
the DNI to attempt to assess historical contractor levels.
Because of the concerns outlined by the DNI, however, conferees
understand that information about contractor levels prior to
June 2006 may need to be reported as a best estimate.
The conferees are also concerned about the Intelligence
Community's increasing reliance on contractors to meet mission
requirements. The Intelligence Community employs a significant
number of ``core'' contractors who provide direct support to
Intelligence Community mission areas and are generally
indistinguishable from the United States Government personnel
whose mission they support. Because of the cost disparity
between employing a United States civilian employee, estimated
to cost an average of $126,500 annually, and a core contractor,
estimated to cost an average of $250,000 annually, the
conferees believe that the Intelligence Community should strive
to reduce its dependence on contractors. The personnel
assessment required in Section 306 should assist the DNI and
the congressional intelligence committees in determining the
appropriate balance of contractors and permanent government
employees.
Section 307. Comprehensive report on Intelligence Community contractors
Section 307 requires the DNI to provide a one-time report
by March 31, 2008, describing the personal services activities
performed by contractors across the Intelligence Community, the
impact of contractors on the Intelligence Community, and the
accountability mechanisms that govern contractors.
Intelligence Community leaders continue to lack an
adequate factual and policy basis for controlling the size and
use of its large contractor workforce. Among other things, the
Intelligence Community lacks a clear definition of the
functions that may be appropriately performed by contractors
and, as a result, whether contractors are performing functions
that should be performed by government employees. Generally,
the conferees are concerned that the Intelligence Community
does not have procedures for overseeing contractors and
ensuring the identification of criminal violations or the
prevention and redress of financial waste, fraud, or other
abuses by contractors. The report is intended to help both the
Intelligence Community and the congressional intelligence
committees identify the facts and chart solutions. The report
should also address the DNI's plans for conversion of
contractors into employees under the authority provided in
Section 103 of this Act.
Section 307 is based on Section 411 of the House bill.
Section 411 would have required an annual report on the
oversight of Intelligence Community contractors, and three
separate one-time reports on accountability mechanisms
governing Intelligence Community contractors, the impact of
contractors on the Intelligence Community workforce, and the
use of contractors for intelligence activities. The Senate
amendment had addressed reporting on contractors in Section 315
of the Senate amendment. The conferees consolidated these
reporting requirements into the single report required by
Section 307 and the annual assessment on consideration of the
levels of the contractor workforce in Section 306.
Section 308. Report on proposed pay-for-performance Intelligence
Community personnel management system
Section 308 prohibits the implementation of pay-for-
performance compensation reform within an element of the
Intelligence Community until 45 days after the DNI submits to
the Congress a detailed plan for the implementation of the
compensation plan at the particular element of the Intelligence
Community in question. The DNI voiced concern that Section 307
of the House bill would have prohibited the heads of the
elements of the Intelligence Community from implementing
tailored pay plans under other existing statutory authorities
and would have hindered DNI efforts to establish a program
within the Intelligence Community ``to provide common pay,
performance evaluation and benefits throughout the Community.''
By agreeing that the requirements of Section 308 would be
applicable on an element-by-element basis, the conferees sought
to ensure that plans for elements that are ready to proceed are
not delayed by the planning requirements for elements that are
not ready to proceed. With regard to the objective of providing
for common pay, performance evaluation, and benefits throughout
the Intelligence Community, the conferees added as an item of
each report how the implementation of pay-for-performance in
the element is consistent with the DNI's overall plans for a
performance-based compensation system.
The Senate amendment had no comparable provision.
Section 309. Report on plan to increase diversity within the
Intelligence Community
Section 309 requires the DNI, in coordination with the
heads of the elements of the Intelligence Community, to submit
to the congressional intelligence committees a report on the
plans of each element of the Intelligence Community, including
the Office of the DNI (``ODNI''), to increase diversity within
that element. The report shall include the specific
implementation plans to increase diversity.
Section 308 of the House bill had required the DNI to
submit a strategic plan to increase diversity within the
Intelligence Community and had prohibited the expenditure of
more than 80 percent of the amount appropriated to the
Intelligence Community Management Fund until the report was
delivered to Congress. The conferees altered the requirements
of Section 308 of the House bill to recognize the information
submitted to the congressional intelligence committees by the
DNI following passage of the House bill, and to tailor the
provision to obtain other information sought by the
congressional intelligence committees. To ensure that the
report is submitted in a timely fashion, Section 309 now
requires the DNI to submit the report by no later than March
31, 2008.
The Senate amendment had no comparable provision.
Subtitle B--Acquisition Matters
Section 311. Vulnerability assessments of major systems
Section 311 adds a new oversight mechanism to the
National Security Act of 1947 (50 U.S.C. 442 et seq.) that
requires the DNI to conduct an initial vulnerability assessment
and subsequent assessments of every major system and its
significant items of supply in the National Intelligence
Program (``NIP''). The intent of the provision is to provide
Congress and the DNI with an accurate assessment of the unique
vulnerabilities and risks associated with each National
Intelligence Program major system to allow a determination of
whether funding for a particular major system should be
modified or discontinued. The vulnerability assessment process
will also require the various elements of the Intelligence
Community responsible for implementing major systems to give
due consideration to the risks and vulnerabilities associated
with such implementation.
Section 311 requires the DNI to conduct an initial
vulnerability assessment on every major system proposed for the
NIP prior to completion of Milestone B or an equivalent
acquisition decision. The minimum requirements of the initial
vulnerability assessment are fairly broad and intended to
provide the DNI with significant flexibility in crafting an
assessment tailored to the proposed major system. Thus, the DNI
is required to use at a minimum, an analysis-based approach to
identify vulnerabilities, define exploitation potential,
examine the system's potential effectiveness, determine overall
vulnerability, and make recommendations for risk reduction. The
DNI is obviously free to adopt a more rigorous methodology for
the conduct of initial vulnerability assessments.
Vulnerability assessment should continue through the life
of a major system. Numerous factors and considerations can
affect the viability of a given major system. For that reason,
Section 311 provides the DNI with the flexibility to set a
schedule of subsequent vulnerability assessments for each major
system when the DNI submits the initial vulnerability
assessment to the congressional intelligence committees. The
time period between assessments should depend upon the unique
circumstances of a particular major system. For example, a new
major system that is implementing some experimental technology
might require annual assessments while a more mature major
system might not need such frequent reassessment. The DNI is
also permitted to adjust a major system's assessment schedule
when the DNI determines that a change in circumstances warrants
the issuance of a subsequent vulnerability assessment. Section
311 also provides that a congressional intelligence committee
may request the DNI to conduct a subsequent vulnerability
assessment of a major system.
The minimum requirements for a subsequent vulnerability
assessment are almost identical to those of an initial
vulnerability assessment. There are only two additional
requirements. First, if applicable to the given major system
during its particular phase of development or production, the
DNI must also use a testing-based approach to assess the
system's vulnerabilities. Obviously, common sense needs to
prevail here. For example, the testing approach is not intended
to require the ``crash testing'' of a satellite system. Nor is
it intended to require the DNI to test system hardware.
However, the vulnerabilities of a satellite's significant items
of supply might be exposed by a rigorous testing regime.
Second, the subsequent vulnerability assessment is required to
monitor the exploitation potential of the major system. Thus, a
subsequent vulnerability assessment should monitor ongoing
changes to vulnerabilities and understand the potential for
exploitation. Since new vulnerabilities can become relevant and
the characteristics of existing vulnerabilities can change, it
is necessary to monitor both existing vulnerabilities and their
characteristics, and to check for new vulnerabilities on a
regular basis.
Section 311 requires the DNI to give due consideration to
the vulnerability assessments prepared for the major systems
within the NIP. It also requires that the vulnerability
assessments be provided to the congressional intelligence
committees within ten days of their completion. The conferees
encourage the DNI to also share the results of these
vulnerabilities assessments, as appropriate, with other
congressional committees of jurisdiction.
Finally, the section contains definitions for the terms
``items of supply,'' ``major system,'' ``Milestone B,'' and
``vulnerability assessment.''
Section 311 is similar to Section 310 of the Senate
amendment. The House bill had no similar provision.
Section 312. Business enterprise architecture and business system
modernization for the Intelligence Community
Section 312 requires the DNI to create a business
enterprise architecture that defines all Intelligence Community
business systems, as well as the functions and activities
supported by those business systems, in order to guide with
sufficient detail the implementation of interoperable
Intelligence Community business system solutions. The conferees
expect the DNI will include Department of Defense
representatives in the established forum as appropriate. The
conferees agreed that the business enterprise architecture and
transition plan are to be submitted to the congressional
intelligence committees by September 1, 2008. The acquisition
strategy, however, is to be submitted by March 1, 2008.
Section 312 will provide the congressional oversight
committees the assurance that business systems that cost more
than a million dollars and that receive more than 50 percent of
their funding from the National Intelligence Program will be
efficiently and effectively coordinated. It will also provide a
list of all ``legacy systems'' that will be either terminated
or transitioned into the new architecture. Further, this
section will require the DNI to report to the Committee no less
often than annually, for five years, on the progress being made
in successfully implementing the new architecture.
Section 312 is similar to Section 312 of the Senate
amendment. The House bill had no similar provision.
Section 313. Reports on acquisition of major systems
Section 313 amends Title V of the National Security Act
of 1947 (50 U.S.C. 413 et seq.) to require annual reports from
the DNI for each major system acquisition by an element of the
Intelligence Community.
These reports must include, among other items,
information about the current total acquisition cost for such
system, the development schedule for the system including an
estimate of annual development costs until development is
completed, the planned procurement schedule for the system,
including the best estimate of the DNI of the annual costs and
units to be procured until procurement is completed, a full
life-cycle cost analysis for such system, and the result of any
significant test and evaluation of such major system as of the
date of the submittal of such report.
Section 313 includes definitions for ``acquisition
cost,'' ``full life-cycle cost,'' ``major contract,'' ``major
system,'' and ``significant test and evaluation.''
Section 313 is similar to Section 313 of the Senate
amendment. The House bill had no similar provision.
Section 314. Excessive cost growth of major systems
Section 314 amends Title V of the National Security Act
of 1947 (50 U.S.C. 413 et seq.) to require that, in addition to
the report required under Section 313, the program manager of a
major system acquisition project shall determine on a
continuing basis if the acquisition cost of such major system
has increased by at least 25 percent as compared to the
baseline of such major system. The program manager must inform
the DNI of any such determination and the DNI must submit a
written notification to the congressional intelligence
committees if the DNI makes the same such determination.
Section 314 is intended to mirror the Nunn-McCurdy
provision in Title 10 of the United States Code that applies to
major defense acquisition programs. The conferees envision that
the determination will be done as needed by the program manager
of the major system acquisition and should not wait until the
time that the DNI's annual report is filed. In other words, the
conferees expect the congressional intelligence committees to
be advised on a regular basis by the DNI about the progress and
associated costs of major system acquisitions within the
Intelligence Community.
If the cost growth is 25 percent or more, the DNI must
prepare a notification and submit, among other items, an
updated cost estimate to the congressional intelligence
committees, and a certification that the acquisition is
essential to national security, there are no other alternatives
that will provide equal or greater intelligence capability at
equal or lesser cost to completion, the new estimates of the
full life-cycle cost for such major system are reasonable, and
the structure for the acquisition of such major system is
adequate to manage and control full life-cycle cost of such
major system.
If the program manager makes a determination that the
acquisition cost has increased by 50 percent or more as
compared to the baseline, and the DNI makes the same such
determination, then the DNI must submit a written certification
to certify the same four items as described above, as well as
an updated notification and accompanying information. If the
required certification, at either the 25 percent or 50 percent
level, is not submitted to the congressional intelligence
committees within 60 days of the DNI's determination of cost
growth, Section 318 creates a mechanism in which funds cannot
be obligated for a period of time. If Congress does not act
during that period, then the acquisition may continue.
Section 314 is similar to Section 314 of the Senate
amendment. The House bill had no similar provision.
Subtitle C--Other Matters
Section 321. Restriction on conduct of intelligence activities
Section 321 provides that the authorization of
appropriations by the Act shall not be deemed to constitute
authority for the conduct of any intelligence activity that is
not otherwise authorized by the Constitution and the laws of
the United States. Section 321 is identical to Sections 302 of
the Senate amendment and the House bill.
Section 322. Clarification of definition of Intelligence Community
under the National Security Act of 1947
Section 322 amends Section 3(4)(L) of the National
Security Act of 1947 (50 U.S.C. 401a(4)(L)) to permit the
designation as ``element of the intelligence community'' of
elements of departments and agencies of the United States
Government whether or not those departments and agencies are
listed in Section 3(4). Section 322 is identical to Section 303
of the Senate amendment and the House bill.
Section 323. Modification of availability of funds for different
intelligence activities
Section 323 conforms the text of Section 504(a)(3)(B) of
the National Security Act of 1947 (50 U.S.C. 414(a)(3)(B)
(governing the funding of intelligence activities)) with the
text of Section 102A(d)(5)(A)(ii) of that Act (50 U.S.C. 403-
1(d)(5)(A)(ii)), as amended by Section 1011(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004, Pub.
L. No. 108-458 (Dec. 17, 2004) (``Intelligence Reform Act'')
(governing the transfer and reprogramming by the DNI of certain
intelligence funding).
This amendment to the National Security Act replaces the
``unforeseen requirements'' standard in Section 504(a)(3)(B)
with a more flexible standard to govern reprogrammings and
transfers of funds authorized for a different intelligence or
intelligence-related activity. Under the new standard, a
reprogramming or transfer is authorized if, in addition to the
other requirements of Section 504(a)(3), the new use of funds
``supports an emergent need, improves program effectiveness, or
increases efficiency.'' This modification brings the standard
for reprogrammings and transfers of intelligence funding into
conformity with the standards applicable to reprogrammings and
transfers under Section 102A of the National Security Act of
1947. The modification preserves congressional oversight of
proposed reprogrammings and transfers while enhancing the
Intelligence Community's ability to carry out missions and
functions vital to national security. Section 323 is identical
to Sections 305 of the Senate amendment and the House bill.
Section 324. Protection of certain national security information
Section 324 amends the National Security Act of 1947 in
two respects. Section 324(a) amends Section 601 of the National
Security Act of 1947 (50 U.S.C. 421) to increase the criminal
penalties for individuals with authorized access to classified
information who intentionally disclose any information
identifying a covert agent, if those individuals know that the
United States is taking affirmative measures to conceal the
covert agent's intelligence relationship to the United States.
Currently, the maximum sentence for disclosure by someone who
has had ``authorized access to classified information that
identifies a covert agent'' is ten years. Subsection (a)(1)
increases that maximum sentence to 15 years. Currently, the
maximum sentence for disclosure by someone who ``as a result of
having authorized access to classified information, learns the
identity of a covert agent and intentionally discloses any
information identifying such covert agent'' is five years.
Subsection (a)(2) increases that maximum sentence to ten years.
Section 324(a) is identical to Section 306 of the Senate
amendment. The House bill had no comparable provision.
Section 324(b) amends Section 603(a) of the National
Security Act of 1947 (50 U.S.C. 423(a)) to provide that the
annual report from the President on the protection of
identities of certain United States undercover intelligence
officers, agents, informants, and sources, also include an
assessment of the need for any modification for the purpose of
improving legal protections for covert agents. Section 324(b)
is identical to Section 309 of the House bill. The Senate
amendment had no similar provision.
Section 325. Extension of authority to delete information about receipt
and disposition of foreign gifts and decorations
Current law (5 U.S.C. 7342) requires that certain federal
``employees''--a term that generally applies to all
Intelligence Community officials and personnel and certain
contractors, spouses, dependents, and others--file reports with
their employing agency regarding receipt of gifts or
decorations from foreign governments. Following compilation of
these reports, the employing agency is required to file
annually with the Secretary of State detailed information about
the receipt of foreign gifts and decorations by its employees,
including the source of the gift. The Secretary of State is
required to publish a comprehensive list of the agency reports
in the Federal Register.
With respect to Intelligence Community activities, public
disclosure of gifts or decorations in the Federal Register has
the potential to compromise intelligence sources (e.g.,
confirmation of an intelligence relationship with a foreign
government) and could undermine national security. Recognizing
this concern, the Director of Central Intelligence (``DCI'')
was granted a limited exemption from reporting certain
information about such foreign gifts or decorations where the
publication of the information could adversely affect United
States intelligence sources. Section 1079 of the Intelligence
Reform Act extended a similar exemption to the DNI in addition
to applying the existing exemption to the CIA Director.
Section 325 provides to the heads of each Intelligence
Community element the same limited exemption from specified
public reporting requirements that is currently authorized for
the DNI and CIA Director. The national security concerns that
prompt those exemptions apply equally to other Intelligence
Community elements. Section 325 mandates that the information
not provided to the Secretary of State be provided to the DNI
to ensure continued independent oversight of the receipt by
Intelligence Community personnel of foreign gifts or
decorations. The conferees agreed to require the DNI to keep a
record of such information. Section 325 is otherwise similar to
Section 307 of the Senate amendment and Section 304 of the
House bill.
Gifts received in the course of ordinary contact between
senior officials of elements of the Intelligence Community and
their foreign counterparts should not be excluded under the
provisions of Section 325 unless there is a serious concern
that such contacts and gifts would adversely affect United
States intelligence sources or methods.
Section 326. Report on compliance with the Detainee Treatment Act of
2005 and the Military Commissions Act of 2006
Section 326 requires the DNI to submit a classified
comprehensive report to the congressional intelligence
committees on all measures taken by the ODNI and by any
Intelligence Community element with relevant responsibilities
on compliance with detention and interrogation provisions of
the Detainee Treatment Act of 2005 and the Military Commissions
Act of 2006. The report is to be submitted no later than 45
days after enactment of this Act.
The Detainee Treatment Act provides that no individual in
the custody or under the physical control of the United States,
regardless of nationality or physical location, shall be
subject to cruel, inhuman, or degrading treatment. Congress
reaffirmed this mandate in Section 6 of the Military
Commissions Act, adding an implementation mechanism that
requires the President to take action to ensure compliance
including through administrative rules and procedures. Section
6 provides not only that grave breaches of Common Article 3 of
the Geneva Conventions are war crimes under Title 18 of the
United States Code, but also that the President has authority
for the United States to promulgate higher standards and
administrative regulations for violations of U.S. treaty
obligations. It requires the President to issue those
interpretations by Executive Order published in the Federal
Register.
The report required by Section 326 is to include a
description of the detention or interrogation methods that have
been determined to comply with the prohibitions of the Detainee
Treatment Act and the Military Commissions Act or have been
discontinued pursuant to them.
The Detainee Treatment Act also provides for the
protection against civil or criminal liability for United
States Government personnel who had engaged in officially
authorized interrogations that were determined to be lawful at
the time. Section 326 requires the DNI to report on actions
taken to implement that provision.
The report shall also include an appendix containing all
guidelines on the application of the Detainee Treatment Act and
the Military Commissions Act to the detention or interrogation
activities, if any, of any Intelligence Community element. The
appendix shall also include the legal justifications of any
office of the Department of Justice about the meaning of the
Acts with respect to detention or interrogation activities, if
any, of any Intelligence Community element. The conferees
struck the requirement from Section 309 of the Senate amendment
that the appendix contain the legal justifications of ``any
official of the Department of Justice'' to accommodate the
concern that this provision might compel the production of
internal deliberative legal materials. This provision therefore
seeks only the legal justifications of any office of the
Department of Justice that rendered an opinion on the matter.
To the extent that the report required by Section 326
addresses an element of the Intelligence Community within the
Department of Defense, that portion of the report, and
associated material that is necessary to make that portion
understandable, shall also be submitted by the DNI to the
congressional armed services committees.
Section 326 is similar to Section 309 of the Senate
amendment. The House bill had no similar provision.
Section 327. Limitation on interrogation techniques
Section 327 prohibits the use of any interrogation
treatment or technique not authorized by the United States Army
Field Manual on Human Intelligence Collector Operations (``U.S.
Army Field Manual'') against any individual in the custody or
effective control of any element of the Intelligence Community.
This limitation on interrogation conducted by Intelligence
Community personnel is similar to the limitation on
interrogation conducted by Department of Defense personnel in
Section 1002(a) of the Detainee Treatment Act of 2005 (42
U.S.C. 2000dd-0(a)).
Section 327 was adopted as an amendment at the conference
after significant deliberation in the past year by both
congressional intelligence committees of the legality and
effectiveness of CIA's detention and interrogation program. The
congressional intelligence committees have held numerous
hearings on interrogation-related issues, have had many
additional member and staff briefings, and have solicited input
from a variety of outside experts on both interrogation and the
effects of current U.S. interrogation policy. The inclusion of
Section 327 reflects the conferees' considered judgment that
the CIA's program is not the most effective method of obtaining
the reliable intelligence we need to protect the United States
from attack. Further, the conferees concluded that damage to
international perception of the United States caused by the
existence of classified interrogation procedures that apply
only to CIA's program and are different from those used by the
U.S. military outweighs the intelligence benefits that may
result from the interrogation of individuals using the
interrogation techniques authorized in the CIA's program.
Section 327 therefore seeks to create one consistent
interrogation policy across both the U.S. military and the
Intelligence Community. Any individual in the custody or under
the effective control of an element of the Intelligence
Community may therefore be subject only to those interrogation
techniques authorized for use by the U.S. military, that is,
the interrogation techniques authorized by the U.S. Army Field
Manual.
As the primary U.S. Government beneficiaries of the
protections of the Geneva Conventions of 1949, the U.S.
military should play an important role in ensuring that U.S.
interrogation policy complies with those international
protections. Other countries look to U.S. policy as a whole,
not the policy of particular agencies, in assessing how
Americans captured on the battlefield should be treated.
Requiring the Intelligence Community to follow the U.S. Army
Field Manual ensures that the United States adopts only those
interrogation techniques that would not be seen as abuse if
used against an American soldier.
As updated in September of 2006, the U.S. Army Field
Manual (FM 2-22.3) provides a detailed and unclassified
description of the interrogation process, along with a number
of interrogation approaches that can be used to elicit
information from detainees. The Army Field Manual leaves
interrogators with significant flexibility to determine what
approaches will work in particular situations or with
particular detainees; it does not mandate that particular
interrogation approach strategies be used in any given
situation. The congressional intelligence committees have
received testimony that the approaches in the U.S. Army Field
Manual are effective at eliciting information from detainees
and that they can be appropriately tailored to all detainees,
including senior terrorist leaders. The procedures in the Army
Field Manual have also been extensively reviewed to ensure
compliance with both ``American constitutional standards
related to concepts of dignity, civilization, humanity,
decency, and fundamental fairness,'' as well as U.S.
obligations under international law, including the four Geneva
Conventions of 1949. See Army Field Manual at 5-21.
In addition to describing interrogation approaches, the
U.S. Army Field Manual includes a number of specific
prohibitions. In particular, it prohibits ``acts of violence or
intimidation, including physical or mental torture, or exposure
to inhumane treatment as a means of or aid to interrogation.''
It also explicitly prohibits forcing a detainee to be naked,
perform sexual acts, or pose in a sexual manner; placing hoods
or sacks over the head of a detainee; using duct tape over the
eyes of a detainee; applying beatings, electric shock, burns,
or other forms of physical pain; waterboarding; using military
working dogs; inducing hypothermia or heat injury; conducting
mock executions; and depriving the detainee of necessary food,
water, or medical care. Requiring the Intelligence Community to
comply with the U.S. Army Field Manual thus prohibits the
Intelligence Community's use of these actions as interrogation
techniques.
Section 328. Limitation on use of funds
Section 328 was added by an amendment at conference. It
provides that not more than 30 percent of the funds authorized
to be appropriated in a specific Expenditure Center referred to
in a classified Executive Branch Congressional Budget
Justification for fiscal year 2008-fiscal year 2009 may be
obligated or expended until the full membership of the
congressional intelligence committees are fully and currently
informed about an important intelligence matter. The matter is
a facility in Syria that was the subject of reported Israeli
military action on September 6, 2007. The information on which
the full membership of the committees should be briefed
includes intelligence if any relating to any agent or citizen
of North Korea, Iran, or any other foreign country present at
the facility. It should also include any intelligence (as
available) provided to the United States by a foreign country
regarding the facility.
``To the extent consistent with due regard for the
protection from unauthorized disclosure of classified
information relating to sensitive intelligence sources and
methods or other exceptionally sensitive matters,'' Section 502
of the National Security Act of 1947 (50 U.S.C. 413a) requires
that the Director of National Intelligence and the heads of all
entities of the United States Government involved in
intelligence activities shall ``keep the congressional
intelligence committees fully and currently informed of all
intelligence activities.''
As explained in a Senate report at the time of the
original enactment of this requirement in 1980, the limited
caveat about sensitive sources and methods or matters applies
to ``extremely rare circumstances'' when there is a decision
not to communicate to the intelligence committees ``certain
sensitive aspects of operations or collection programs.'' S.
Rep. No. 96-730, at 6. The key phrase ``certain sensitive
aspects'' indicates that the scope of any withholding of
information should be limited to certain details rather than to
bar information about entire activities.
Section 504 of the National Security Act of 1947 (50
U.S.C. 413(b)) provides for only limited circumstances for not
providing information to the full membership of the
intelligence committees but, instead, informing the Chairmen
and Vice Chairman or Ranking Minority Member of those
committees as well as the congressional leadership. That
exception applies only when the President determines that ``it
is essential to limit access to [a covert action] finding to
meet extraordinary circumstances affecting vital interests of
the United States.''
In agreeing to Section 328, the conferees concluded that
it is essential that the full membership of the House and
Senate intelligence committees be fully informed, in a manner
consistent with the National Security Act, about intelligence
that would indicate, among other matters, any presence at a
Syrian facility of agents or citizens of states--particularly,
North Korea and Iran--which have had nuclear or other weapons
of mass destruction programs.
Section 329. Incorporation of reporting requirements
Section 329 incorporates into the Act by reference each
requirement contained in the classified annex to this Act to
submit a report to the congressional intelligence committees.
Sections 105 of the Senate amendment and the House bill both
also made reference to reporting requirements included in the
joint explanatory statement to accompany the conference report.
As no reporting requirements were included in the joint
explanatory statement, this reference was eliminated.
Because the classified information in the annex cannot be
included in the text of the bill, incorporating the reporting
provisions of the classified annex is the only available
mechanism to give these reporting requirements the force of
law. The conferees therefore chose to include Section 329 to
reflect the importance they ascribe to the reporting
requirements in the classified annex.
Section 330. Repeal of certain reporting requirements
Section 330 eliminates five reporting requirements that
were considered particularly burdensome to the Intelligence
Community in cases where the usefulness of the report has
diminished either because of changing events or because the
information contained in those reports is duplicative of
information already obtained through other avenues. Section 330
is similar to Section 316 of the Senate amendment. Section 316
had proposed eliminating a total of seven reporting
requirements. The conferees agreed to remove two of these
reports from the list of reports to be eliminated after certain
congressional committees expressed an interest in continuing to
receive these two reports.
The House bill had no similar provision.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Clarification of limitation on co-location of the Office of
the Director of National Intelligence
Section 103(e) of the National Security Act of 1947 (50
U.S.C. 403-3(e)), as added by the Intelligence Reform Act,
provides that commencing on October 1, 2008, the Office of the
DNI may not be co-located with any other element of the
Intelligence Community. Section 401 clarifies that this ban
applies only to the co-location of the headquarters of the ODNI
with the headquarters of any other Intelligence Community
element. Accordingly, the ODNI may be co-located with non-
headquarters units of Intelligence Community elements. Section
401 is identical to Section 406 of the Senate amendment and
Section 401 of the House bill.
Section 402. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board
Section 402 substitutes the DNI, or the DNI's designee,
as a member of the Transportation Security Oversight Board
established under section 115(b)(1) of Title 49, United States
Code, in place of the CIA Director or CIA Director's designee.
The Transportation Security Oversight Board is responsible for,
among other things, coordinating intelligence, security, and
law enforcement activities affecting transportation and
facilitating the sharing of intelligence, security, and law
enforcement information affecting transportation among Federal
agencies. Section 402 is identical to Section 416 of the Senate
amendment and Section 402 of the House bill.
Section 403. Additional duties of the Director of Science and
Technology
Section 403 clarifies the duties of the Director of
Science and Technology (DST) and the Director of National
Intelligence Science and Technology Committee (NISTC). The
conferees expect the DST to systematically identify, assess and
prioritize the most significant intelligence challenges that
require technical solutions, set long-term science and
technology goals, develop a strategy/roadmap to be shared with
congressional intelligence committees that meets these goals,
and prioritize and coordinate efforts across the Intelligence
Community. As chair of the NISTC, the DST should leverage the
expertise of members of the committee to accomplish these
duties.
Research and development efforts, including basic,
advanced, and applied research and development projects,
benefit the Intelligence Community most when they are
consistent with current or future national intelligence
requirements. Once a project is prototyped and successfully
demonstrated, the conferees expect the DST to lead the NISTC to
ensure the successful transition of projects from research and
development into operational systems.
To sustain and further Intelligence Community's research
and development goals, it is imperative that the DNI recruit
and retain the country's top science and technology leadership
talent. This is especially important during this period marked
by the restructuring of Intelligence Community research and
development management. The conferees also note that science
and technology are major factors driving change in today's
world and believe that the Intelligence Community must return
to preeminence in this area in order to fully protect our
nation's security.
The conferees urge the DST to develop multi-year
projections and assessments of Intelligence Community human
resource needs to better ensure that appropriate steps are
taken to recruit and retain a robust scientific and engineering
workforce. The conferees also urge the Intelligence Community
to enhance its support to scholarship programs, research
grants, and cooperative work-study programs to achieve these
human resources goals.
Section 403 is similar to Section 407 of the Senate
amendment and Section 403 of the House bill.
Section 404. Leadership and location of certain offices and officials
Section 404 confirms in statute that various officers are
within the ODNI. These are (1) the Chief Information Officer of
the Intelligence Community (as renamed by Section 412); (2) the
Inspector General of the Intelligence Community (as named under
Section 413); (3) the Director of the National Counterterrorism
Center; and (4) the Director of the National Counter
Proliferation Center (NCPC). Section 404 also expressly
provides in statute that the DNI shall appoint the Director of
the NCPC. Section 119A of the National Security Act of 1947 (50
U.S.C. 404o-1), as added by the Intelligence Reform Act, had
provided that the President could establish the NCPC. In doing
so, the President delegated to the DNI the authority to name
the Director. Section 404 ratifies that delegation. Section 404
is identical to Section 411 of the Senate amendment and Section
404 of the House bill.
Section 405. Plan to implement recommendations of the data center
energy efficiency reports
Section 405 requires the DNI to develop a plan to
implement across the Intelligence Community the recommendations
of the Environmental Protection Agency report on improving data
center energy efficiency. This planning requirement is intended
to encourage the Intelligence Community to fulfill its
responsibility to assess the use of environmental resources
with regard to the power, space, and cooling challenges of
Intelligence Community data centers. Section 405 is similar to
Section 408 of the House bill. The Senate amendment did not
have a comparable provision.
Section 406. Comprehensive listing of special access programs
Section 406 provides that the DNI shall submit to the
congressional intelligence committees a classified
comprehensive listing of special access programs under the
National Intelligence Program. The listing need not describe
the programs, but must provide a reference to them to enable
the congressional intelligence committees to determine whether
the Intelligence Community has fulfilled its obligation to keep
the committees informed about intelligence activities. In
response to a concern of the DNI that a single document would
create security and counterintelligence concerns, the conferees
agreed to include a provision that allows the DNI to submit the
listing in a form or forms consistent with national security.
Section 406 is based on Section 409 of the House bill.
The Senate amendment did not have a comparable provision.
Section 407. Reports on the nuclear programs of Iran and North Korea
Section 407 provides that not less than once during the
remainder of this fiscal year and twice during fiscal year
2009, the DNI shall submit to the congressional intelligence
committees a classified report on the nuclear intentions and
capabilities of Iran and North Korea. A national intelligence
estimate may count as one of those reports for each country.
The conferees encourage the DNI to make these reports available
to other congressional oversight committees of jurisdiction to
the extent consistent with the protection of sources and
methods.
Section 407 is based on Section 410 of the House bill.
The Senate amendment did not contain a comparable provision.
The House provision had required quarterly reports
indefinitely. In response to concerns of the DNI, the conferees
reduced the number of reports required, but otherwise concur
that it is essential that the Intelligence Community place a
high priority on reporting to Congress on nuclear developments
in Iran and North Korea.
Section 408. Requirements for accountability reviews by the Director of
National Intelligence
Section 408 provides that the DNI shall have authority to
conduct accountability reviews of elements of the Intelligence
Community and the personnel of those elements. The primary
innovation of this provision is the authority to conduct
accountability reviews concerning an entire element of the
Intelligence Community in relation to significant failures or
deficiencies.
This accountability process is separate and distinct from
any accountability reviews conducted internally by elements of
the Intelligence Community or their Inspectors General. Also,
as stated explicitly in Section 408, the new authority does not
limit the existing authority of the DNI with respect to
supervision of the CIA. The DNI, in consultation with the
Attorney General, shall establish guidelines and procedures for
conducting accountability reviews.
The Senate bill, as reported by the Select Committee on
Intelligence, arguably would have mandated the DNI to conduct
an accountability review at the direction of a congressional
intelligence committee. To avoid a construction that a
committee of Congress on its own could require such a review
over the objection of the DNI, a concern raised by the ODNI, a
managers' amendment prior to Senate passage made clear that the
DNI shall conduct a review if the DNI determines it is
necessary, and the DNI may conduct an accountability review
(but is not statutorily required to do so) if requested by one
of the congressional intelligence committees.
Section 408 is identical to Section 401 of the Senate
amendment. The House bill did not have a comparable provision.
Section 409. Modification of limitation on delegation by the Director
of National Intelligence of the protection of intelligence
sources and methods
Section 409 amends section 102A(i)(3) of the National
Security Act of 1947 to modify the limitation on delegation by
the DNI (which now extends only to the PDDNI) of the authority
to protect intelligence sources and methods from unauthorized
disclosure. It permits the DNI also to delegate the authority
to the Chief Information Officer of the Intelligence Community.
Section 409 is based on Section 403 of the Senate
amendment. The House bill did not have a comparable provision.
The Senate bill, as originally reported, would have
additionally permitted the delegation of this authority to any
Deputy DNI or to the head of any Intelligence Community
element. In a managers' amendment before passage in the Senate,
the authority to delegate outside of the Office of the DNI was
struck in accordance with the sequential report of the
Committee on the Armed Services, S. Rep. No. 110-92, at 3. The
conferees further limited the delegation authority to the Chief
Information Officer, who is a presidentially-appointed, Senate-
confirmed official whose responsibilities expressly involve
information matters throughout the Intelligence Community.
Section 410. Authorities for intelligence information sharing
Section 410 amends section 102A(g)(1) of the National
Security Act of 1947 (50 U.S.C. 403-1(g)(1)) to provide the DNI
with statutory authority to use NIP funds to quickly address
deficiencies or needs that arise in intelligence information
access or sharing capabilities. It authorizes the DNI to
provide to an agency or component, and for that agency or
component to accept and use, funds or systems (which could
include services or equipment) related to the collection,
processing, analysis, exploitation, and dissemination of
intelligence information. It also grants the DNI authority to
provide funds to non-NIP activities for the purpose of
addressing critical gaps in intelligence information access or
sharing capabilities. Without the authority, development and
implementation of necessary capabilities could be delayed by an
agency's lack of authority to accept or utilize systems funded
from the NIP, inability to use or identify current-year
funding, or concerns regarding the augmentation of
appropriations.
Section 410 is based on Section 402 of the Senate
amendment. The House did not have a comparable provision. To
aid in oversight, the conferees have added a four-year
reporting requirement from fiscal years 2009 through 2012. No
later than February 1 of each of those years, the DNI shall
submit to the congressional intelligence committees a report on
the distribution of funds under the new section during the
preceding fiscal year to facilitate implementation of
information sharing.
Section 411. Authorities of the Director of National Intelligence for
interagency funding
Section 411 provides the DNI with the ability to rapidly
focus the Intelligence Community on an intelligence issue
through a coordinated effort that uses all available resources.
The premise of this authority is that the DNI's ability to
coordinate the Intelligence Community response to an emerging
threat should not depend on the budget cycle and should not be
constrained by general limitations in appropriations law (e.g.,
31 U.S.C. 1346) or other prohibitions on interagency financing
of boards, commissions, councils, committees, or similar
groups.
To provide this flexibility, this section grants the DNI
the authority to approve interagency financing of national
intelligence centers established under section 119B of the
National Security Act of 1947 (50 U.S.C. 404o-2). It also
authorizes interagency funding for boards, commissions,
councils, committees, or similar groups established by the DNI
for a period not to exceed two years. This would include
funding for Intelligence Community mission managers. Under this
section, the DNI could authorize the pooling of resources from
various Intelligence Community agencies to finance national
intelligence centers or other organizational groupings designed
to address identified intelligence matters.
Section 411 is based on Section 404 of the Senate
amendment. The House bill did not have a comparable provision.
To aid in oversight of the implementation of the authority
granted by this section, the conferees have added a four-year
reporting requirement from fiscal years 2009 through 2012. No
later than February 1 of each of those years the DNI shall
submit to the congressional intelligence committees a report on
the exercise of this authority to support interagency
activities.
Section 412. Title of Chief Information Officer of the Intelligence
Community
Section 412 expressly designates the position of Chief
Information Officer as Chief Information Officer of the
Intelligence Community. The modification to the CIO title is
consistent with the position's overall responsibilities as
outlined in section 103G of the National Security Act of 1947
(50 U.S.C. 403-3g). Section 412 is identical to Section 408 of
the Senate amendment. The House bill did not have a comparable
provision.
Section 413. Inspector General of the Intelligence Community
Section 1078 of the Intelligence Reform Act authorized
the DNI to establish an Office of Inspector General if the DNI
determined that an Inspector General would be beneficial to
improving the operations and effectiveness of the ODNI. It
further provided that the DNI could grant to the Inspector
General any of the duties, responsibilities, and authorities
set forth in the Inspector General Act of 1978. The DNI has
appointed an Inspector General and has granted certain
authorities pursuant to DNI Instruction No. 2005-10 (Sept. 7,
2005).
A strong Inspector General is vital to achieving the
goal, set forth in the Intelligence Reform Act, of improving
the operations and effectiveness of the Intelligence Community.
It is also vital to achieving the broader goal of identifying
problems and deficiencies wherever they may be found in the
Intelligence Community with respect to matters within the
responsibility and authority of the DNI, especially the manner
in which elements of the Intelligence Community interact with
each other in providing access to information and undertaking
joint or cooperative activities. By way of a new section 103H
of the National Security Act of 1947, this section establishes
an Inspector General of the Intelligence Community in order to
provide to the DNI, and through reports to the Congress, the
benefits of an Inspector General with full statutory
authorities and the requisite independence.
The office is established within the ODNI. The Inspector
General will keep both the DNI and the congressional
intelligence committees fully and currently informed about
problems and deficiencies in Intelligence Community programs
and operations and the need for corrective actions. The
Inspector General will be appointed by the President, with the
advice and consent of the Senate, and will report directly to
the DNI. To bolster the Inspector General's independence within
the Intelligence Community, the Inspector General may be
removed only by the President, who must communicate the reasons
for the removal to the congressional intelligence committees.
The DNI may prohibit the Inspector General from
conducting an investigation, inspection, or audit if the DNI
determines that is necessary to protect vital national security
interests. If the DNI exercises the authority to prohibit an
investigation, the DNI must provide the reasons to the
congressional intelligence committees within seven days. The
Inspector General may provide a response to the committees.
The Inspector General will have direct and prompt access
to the DNI and any Intelligence Community employee or employee
of a contractor whose testimony is needed. The Inspector
General will also have direct access to all records that relate
to programs and activities for which the Inspector General has
responsibility. Failure to cooperate will be grounds for
appropriate administrative action.
The Inspector General will have subpoena authority.
However, information within the possession of the United States
government must be obtained through other procedures. Subject
to the DNI's concurrence, the Inspector General may request
information from any U.S. government department, agency, or
element. They must provide the information to the Inspector
General insofar as practicable and not in violation of law or
regulation.
The Inspector General must submit semiannual reports to
the DNI that include a description of significant problems
relating to Intelligence Community programs and operations and
to the relationships between Intelligence Community elements.
The reports must include a description of Inspector General
recommendations and a statement whether corrective action has
been completed. The Inspector General shall provide any portion
of the report involving a component of a department of the U.S.
government simultaneously to the head of that department with
submission of the report to the DNI. Within 30 days of
receiving it from the Inspector General, the DNI must submit
each semiannual report to Congress.
The Inspector General must immediately report to the DNI
particularly serious or flagrant violations. Within seven days,
the DNI must transmit those reports to the congressional
intelligence committees together with any comments. In the
event the Inspector General is unable to resolve differences
with the DNI, the Inspector General is authorized to report a
serious or flagrant violation directly to the congressional
intelligence committees. Reports to the congressional
intelligence committees are also required with respect to
investigations concerning high-ranking Intelligence Community
officials.
Intelligence Community employees or employees of
contractors who intend to report to Congress an ``urgent
concern''--such as a violation of law or Executive order, a
false statement to Congress, or a willful withholding from
Congress--may report such complaints and supporting information
to the Inspector General. Following a review by the Inspector
General to determine the credibility of the complaint or
information, the Inspector General must transmit such complaint
and information to the DNI. On receiving the complaints or
information from the Inspector General (together with the
Inspector General's credibility determination), the DNI must
transmit the complaint or information to the congressional
intelligence committees. If the Inspector General does not find
a complaint or information to be credible, the reporting
individual may submit the matter directly to the congressional
intelligence committees by following appropriate security
practices outlined by the DNI. Reprisals or threats of reprisal
against reporting individuals constitute reportable ``urgent
concerns.''
In providing this channel for whistleblower
communications to Congress, Section 413 does not disturb, and
the conferees intend to retain, the authoritative guidance for
analogous provisions of the Intelligence Community
Whistleblower Act of 1998, Pub. L. No. 105-272 (October 20,
1998) as set forth in the findings in paragraphs (1) through
(6) of section 701(b) of that Act, the Senate committee report
for the legislation, S. Rep. No. 105-185, at 25-27, and
particularly the conference report, H.R. Rep. 105-780, at 33-
34, which emphasized that a disclosure to the Inspector General
``is not the exclusive process by which an Intelligence
Community employee may make a report to Congress.''
For matters within the jurisdiction of both the Inspector
General of the Intelligence Community and an Inspector General
for another Intelligence Community element, the Inspectors
General shall expeditiously resolve who will undertake an
investigation, inspection, or audit. In resolving that
question, under an extensive subsection entitled ``Coordination
Among Inspectors General of Intelligence Community,'' the
Inspectors General may request the assistance of the
Intelligence Community Inspectors General Forum (a presently
existing informal body whose existence is ratified by this
section). In the event that the Inspectors General are still
unable to resolve the question, they shall submit it for
resolution to the DNI and the head of the department (or to the
Director of the CIA in matters involving the CIA Inspector
General, in accordance with a clarifying amendment of the
conferees) in which an Inspector General with jurisdiction
concurrent to that of the Inspector General of the Intelligence
Community is located. This basic limitation addresses the
concern raised by the DNI about the preservation of the
authority of heads of departments and agencies over their
respective departments.
Within Congress, mutuality of oversight is assured by the
requirement that Inspector General reports concerning
Intelligence Committee elements within departments are shared
with committees that have jurisdiction over those departments.
Except for the provision clarifying that unresolved
questions involving the CIA Inspector General will also be
submitted to the Director of the CIA, rather than the head of a
department, Section 413 is identical to Section 410 of the
Senate amendment. The House bill did not have a similar
provision.
Section 414. Annual report on foreign language proficiency in the
Intelligence Community
Section 414 provides for an annual report by the DNI on
the proficiency of each element of the Intelligence Community
in foreign languages and, if appropriate, in foreign dialects.
The section also requires the DNI to report on foreign language
training. The Intelligence Community has an increasing need for
fluency in difficult-to-master languages and for expertise in
foreign cultures. The information required by the report will
allow the congressional intelligence committees to better
assess the Intelligence Community's ability to manage language
resources. Section 414 is based on Sections 412 and 413 of the
House bill, which have been merged by the conferees. The Senate
amendment did not have a comparable provision.
Section 415. Director of National Intelligence report on retirement
benefits for former employees of Air America
Section 415 provides for a report by the DNI on the
advisability of providing federal retirement benefits to United
States citizens who were employees of Air America or an
associated company prior to 1977, during the time that the
company was owned or controlled by the United States and
operated by the CIA. Section 415 is identical to Section 425 of
the Senate amendment and Section 415 of the House bill.
The conferees note that H.R. 1271 was introduced in the
House in the 110th Congress, and H.R. 1276 and S. 651 were
introduced in the House and Senate in the 109th Congress, to
make service performed with Air America and certain other
entities creditable for federal civil service retirement
purpose. By including Section 415 in this authorization bill,
the conferees take no position on the merits of that
legislation.
Although the section invites the DNI to submit any
recommendations on the ultimate question of providing benefits,
the main purpose of the report is to provide Congress with the
facts upon which Congress can make that determination.
Accordingly, Section 415 outlines the factual elements required
by the report. To aid in the preparation of the report, the
section authorizes the assistance of the Comptroller General.
Among the elements of the report should be: the relationship of
Air America to the CIA, the missions it performed, and the
casualties its employees suffered, as well as the retirement
benefits that had been contracted for or promised to Air
America employees and the retirement benefits Air America
employees received.
On September 25, 2007, the CIA provided a three page
letter to the congressional intelligence and appropriations
committees in response to the Senate Select Committee on
Intelligence Report 109-259 to S. 3237, requesting a report on
``the advisability of providing federal retirement benefits to
United States citizens who were employees of Air America or an
associated company prior to 1977, during the time that the
company was owned or controlled by the United States and
operated by the CIA.'' Although the letter describes the legal
basis for denying federal retirement benefits to employees of
Air America, it does not provide the factual background that
would allow Congress to make an assessment of whether to
provide employees of Air America with federal retirement
benefits. The report requested in Section 415 therefore
continues to be necessary for a comprehensive exploration of
the underlying issues.
Section 416. Space intelligence
Section 416 underscores the importance of the DNI's
consideration of space intelligence issues by adding this
responsibility to the DNI's statutory duties in Section 102A of
the National Security Act of 1947 (50 U.S.C. 403-1). Section
416 requires the DNI to consider space intelligence issues and
concerns in setting intelligence priorities, conducting
analysis, and acquiring major systems. The Section also
requires the DNI to ensure that agencies give due consideration
to the vulnerability assessments prepared for a given major
system at all stages of architecture and system planning,
development, acquisition, operation, and support of a space
intelligence system.
Section 412 of the Senate amendment would have created a
new National Space Intelligence Office within the ODNI to
coordinate and provide policy direction for the management of
space-related intelligence assets and the development of
personnel in space-related fields. The National Space
Intelligence Office would also have been responsible for
prioritizing space-related collection activities and evaluating
analytic assessments of threats to classified United States
space intelligence systems. The DNI, however, expressed concern
about the creation of a dedicated office in the ODNI for space
intelligence. Section 416 addresses that concern by
highlighting the importance of space intelligence, while still
giving the DNI flexibility to organize the Intelligence
Community to implement responsibilities for that intelligence.
The House bill had no similar provision.
Section 417. Operational files in the Office of the Director of
National Intelligence
In the CIA Information Act, Pub. L. No. 98-477 (October
15, 1984) (50 U.S.C. 431), Congress authorized the Director of
Central Intelligence to exempt operational files of the CIA
from several requirements of the Freedom of Information Act
(``FOIA''), particularly those requiring search and review in
response to FOIA requests. In a series of amendments to Title
VII of the National Security Act of 1947, Congress has extended
the exemption to the operational files of the National
Geospatial-Intelligence Agency (``NGA''), the National Security
Agency (``NSA''), the National Reconnaissance Office (``NRO''),
and the Defense Intelligence Agency (``DIA''). It has also
provided that files of the Office of the National
Counterintelligence Executive (``NCIX'') should be treated as
operational files of the CIA (to the extent they meet the
criteria for CIA operational files).
Section 417 adds a new section 706 to the National
Security Act of 1947. Components of the ODNI, including the
National Counterterrorism Center (``NCTC''), require access to
information contained in CIA and other operational files. The
purpose of section 706 is to make clear that operational files
of any Intelligence Community component, for which an
operational files exemption is applicable, retain their
exemption from FOIA search, review, disclosure, or publication
when they are provided to an element of the ODNI. They also
retain their exemption when they are incorporated in any
substantially similar files of the ODNI.
Section 706 provides several limitations. The exemption
does not apply to information disseminated beyond the ODNI.
Also, as Congress has provided in the operational files
exemptions for the CIA and other Intelligence Community
elements, section 706 provides that the exemption does not
apply to requests by United States citizens or permanent
residents for information about themselves (although other FOIA
exemptions, such as appropriate classification, may continue to
protect such files from public disclosure). The exemption would
not apply to the subject matter of a congressional or Executive
branch investigation into improprieties or violations of law.
Finally, Section 706 provides for a decennial review by
the DNI to determine whether exemptions may be removed from any
category of exempted files. This review shall include
consideration of the historical value or other public interest
in the subject matter of those categories and the potential for
declassifying a significant part of the information contained
in them. The conferees underscore the importance of this
requirement, which applies to the other operational exemptions
in Title VII. The conferees also expect the DNI to submit the
results of such review to the congressional intelligence
committees in a timely manner.
Section 417 is based on Section 412 of the Senate
amendment. The House bill did not contain a comparable
provision. The conferees added the requirement of
substantiality in the similarity between ODNI files and those
of the originating element in order to tighten the connection
between the files that are exempt in the originating element
and the files in the ODNI that would also be exempt.
Section 418. Inapplicability of Federal Advisory Committee Act to
advisory committees of the Office of the Director of National
Intelligence
Congress enacted the Federal Advisory Committee Act
(FACA) (5 U.S.C. App.) to regulate the use of advisory
committees throughout the Federal Government. FACA sets forth
the responsibilities of the Executive branch with regard to
such committees and outlines procedures and requirements for
them. As originally enacted in 1972, FACA expressly exempted
advisory committees utilized by the CIA and the Federal Reserve
System. Section 418 amends FACA to extend this exemption to
advisory committees established or used by the ODNI. Section
418 is identical to Section 415 of the Senate amendment. The
House bill did not contain a comparable provision.
Section 419. Applicability of the Privacy Act to the Director of
National Intelligence and Office of the Director of National
Intelligence
The Privacy Act (5 U.S.C. 552a) has long contained a
provision under which the Director of Central Intelligence and
then (after enactment of the Intelligence Reform Act) the CIA
Director could promulgate rules to exempt any system of records
within the CIA from certain disclosure requirements under the
Act. The exemption authority was designed to ensure that the
CIA could provide safeguards for certain sensitive information
in its records systems. In assuming the leadership of the
Intelligence Community, the DNI similarly requires the ability
to safeguard sensitive information in records systems within
the ODNI. Accordingly, Section 419 extends to the DNI the
authority to promulgate rules under which records systems of
the ODNI may be exempted from certain Privacy Act disclosure
requirements. It is identical to Section 417 of the Senate
amendment. The House bill did not contain a comparable
provision.
Section 420. Repeal of certain authorities relating to the Office of
the National Counterintelligence Executive
Section 420 amends the authorities and structure of the
NCIX to eliminate certain independent administrative
authorities that had been vested in the NCIX when that official
was appointed by and reported to the President. Those
authorities are unnecessary now that the NCIX is to be
appointed by and is under the authority of the DNI. Section 420
is identical to Section 414 of the Senate amendment and Section
432 of the House bill.
Subtitle B--Central Intelligence Agency
Section 431. Review of covert action programs by Inspector General of
the Central Intelligence Agency
Title V of the National Security Act of 1947, entitled
``Accountability for Intelligence Activities,'' sets forth the
Act's basic requirements on Executive branch obligations to
keep the congressional intelligence committees fully informed
about intelligence activities. Section 503 of the National
Security Act of 1947 (50 U.S.C. 413b) is specifically devoted
to presidential findings and congressional notification of
covert actions. Section 431 augments the oversight of covert
actions by adding a new subsection to Section 503 that requires
that the CIA Inspector General conduct an audit of each covert
action at least every three years and submit to the
congressional intelligence committees a report containing the
audit results within 60 days of completing the audit. To a
considerable extent, this requirement confirms in statute
existing practice and assures its regularity.
The Director of National Intelligence has expressed
concern that this audit requirement, and several other
provisions on Intelligence Community reports, raise concerns
with respect to the President's authority to control access to
national security information. To allay any such concern
regarding the covert action audit requirement, the conferees
have amended Section 431 to state that the requirement is
subject to the longstanding provisions of section 17(b)(3) and
(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(b)(3) and (4)) that empower the CIA Director to prohibit
the CIA Inspector General from initiating, carrying out, or
completing an audit if the Director determines that the
prohibition is necessary to protect vital national security
interests of the United States, provided that the Director
report the reasons to the congressional intelligence
committees.
Section 431 is based on Section 423 of the House bill.
The Senate amendment did not contain a comparable provision.
Section 432. Inapplicability to the Director of the Central
Intelligence Agency of requirement for annual report on
progress in auditable financial statements
Section 432 is identical to Section 422 of the Senate
amendment and Section 424 of the House bill. Section 432
relieves the CIA Director from the requirement in section 114A
of the National Security Act of 1947 (50 U.S.C. 404i-1) to
submit to the congressional intelligence committees an annual
report describing the activities being taken to ensure that
financial statements of the CIA can be audited in accordance
with applicable law and the requirements of OMB. Although
concern remains that the CIA has had minimal success in
achieving unqualified opinions on its financial statements, the
report required by Section 114A is unnecessary as CIA is now
submitting audited financial statements. The requirements of
Section 114A continue to apply to the Directors of NSA, DIA,
and NGA.
Section 433. Additional functions and authorities for protective
personnel of the Central Intelligence Agency
Section 433 amends section 5(a)(4) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(4)) which
authorizes protective functions by designated security
personnel who serve on CIA protective details.
The section authorizes protective detail personnel, when
engaged in, and in furtherance of, the performance of
protective functions, to make arrests in two circumstances.
Protective detail personnel may make arrests without a warrant
for any offense against the United States--whether a felony,
misdemeanor, or infraction--that is committed in their
presence. They may also make arrests without a warrant if they
have reasonable grounds to believe that the person to be
arrested has committed or is committing a felony, but not other
offenses, under the laws of the United States.
Guidelines approved by the CIA Director and the Attorney
General will provide safeguards and procedures to ensure the
proper exercise of this authority. Section 433 specifically
does not grant any authority to serve civil process or to
investigate crimes.
The authority provided by this section is consistent with
those of other Federal elements with protective functions, such
as the Secret Service (18 U.S.C. 3056(c)(1)(C)), the State
Department Diplomatic Security Service (22 U.S.C. 2709(a)(5)),
and the Capitol Police (2 U.S.C. 1966(c)). Arrest authority
will contribute significantly to the ability of CIA protective
detail personnel to fulfill their responsibility to protect
officials against serious threats without being dependent on
the ability of Federal, State, or local law enforcement
officers to respond immediately. The grant of arrest authority
is supplemental to all other authority CIA protective detail
personnel have by virtue of their statutory responsibility to
perform the protective functions set forth in the CIA Act of
1949.
Section 433 also authorizes the CIA Director on the
request of the DNI to make CIA protective detail personnel
available to the DNI and to other personnel within the ODNI.
The CIA Director shall submit to the congressional
intelligence committees as soon as possible, but not later than
10 days after an arrest, a report describing each exercise of
authority under this section.
Section 433 is based on Section 423 of the Senate
amendment. The House bill did not include a comparable
provision. The conferees added the explicit requirement that
arrests be in furtherance of the performance of protective
functions and the requirement for a report to the congressional
intelligence committees about each exercise of arrest
authority.
Section 434. Technical amendments relating to titles of certain CIA
positions
Section 434 replaces out-of-date titles for CIA positions
with the current titles of the successors of those positions in
a provision in section 17 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403q) on the obligation of the CIA
Inspector General to notify the congressional intelligence
committees about investigations, inspections, or audits
concerning high-ranking CIA officials. Section 434 is similar
to Section 424 of the Senate amendment and Section 516 of the
House bill, except for a conference agreement to add additional
titles that needed to be changed.
Section 435. Clarifying amendments relating to section 105 of the
Intelligence Authorization Act for Fiscal Year 2004
Section 435 changes the reference to the Director of
Central Intelligence to the Director of National Intelligence
to clarify that the establishment of the Office of Intelligence
and Analysis within the Department of the Treasury (section 105
of the Intelligence Authorization Act for Fiscal Year 2004
(Pub. L. No. 108-177 (Dec. 13, 2003)), and its reorganization
within the Office of Terrorism and Financial Intelligence
(section 222 of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005
(Division H, Pub. L. No. 108-447 (Dec. 8, 2004)), do not affect
the authorities and responsibilities of the DNI with respect to
the Office of Intelligence and Analysis as an element of the
Intelligence Community. Section 435 is identical to Section 442
of the Senate amendment and Section 431 of the House bill.
Subtitle C--Defense Intelligence Components
Section 441. Enhancement of National Security Agency training program
Section 441 permits the Director of the National Security
Agency to protect intelligence sources and methods by deleting
a requirement that NSA publicly identify to educational
institutions students who are NSA employees or training program
participants. Deletion of this disclosure requirement will
enhance the ability of NSA to protect personnel and prospective
personnel and to preserve the ability of training program
participants to undertake future clandestine or other sensitive
assignments for the Intelligence Community.
The conferees recognize that nondisclosure is appropriate
when disclosure would threaten intelligence sources or methods,
would endanger the life or safety of the student, or would
limit the employee's or prospective employee's ability to
perform intelligence activities in the future. Notwithstanding
the deletion of the disclosure requirement, the conferees
expect NSA to continue to prohibit participants in the training
program from engaging in any intelligence functions at the
institutions they attend under the program. See H.R. Rep. No.
99-690, Part I (July 17, 1986) (``NSA employees attending an
institution under the program will have no intelligence
function whatever to perform at the institution.'').
Section 441 is similar to Section 431(b) of the Senate
amendment. The conferees did not include subsection (a) of
Section 431 of the Senate amendment, which was a clarifying
provision to allow the NSA to recoup the educational costs
expended for the benefit of a student who fails to maintain
satisfactory academic performance. The conferees believe that
this matter and its application to other Intelligence Community
scholarship programs should be given further study by the
congressional intelligence committees. The House bill had no
similar provision.
Section 442. Codification of authorities of National Security Agency
protective personnel
Section 442 amends the National Security Agency Act of
1959 (50 U.S.C. 402 note) by adding a new Section 21 to clarify
and enhance the authority of protective details for NSA.
The new section 21(a) would authorize the Director of NSA
to designate NSA personnel to perform protective detail
functions for the Director and other personnel of NSA who are
designated from time to time by the Director as requiring
protection. Section 11 of the NSA Act of 1959 presently
provides that the Director of NSA may authorize agency
personnel to perform certain security functions at NSA
headquarters, at certain other facilities, and around the
perimeter of those facilities. The new authority for protective
details would enable the Director of the NSA to provide
security when the Director or other designated personnel
require security away from those facilities.
The new section 21(b) would provide that NSA personnel,
when engaged in performing protective detail functions, and in
furtherance of the performance of those functions, may exercise
the same arrest authority that Section 433 of this Act provides
for CIA protective detail personnel. The arrest authority for
NSA protective detail personnel would be subject to guidelines
approved by the Director of NSA and the Attorney General. The
purpose and extent of that arrest authority, the limitations on
it, and reporting expectations about it are described in the
explanation for Section 433. That analysis and explanation
applies equally to the arrest authority provided to NSA
protective detail personnel by Section 21(b).
While this Act provides separately for authority for CIA
and NSA protective details, the DNI should advise the
congressional intelligence committees whether overall policies,
procedures, and authority should be provided for protective
services, when necessary, for other Intelligence Community
elements or personnel (or their immediate families).
Section 442 is similar to Section 432 of the Senate
amendment. The House bill had no comparable provision.
Section 443. Inspector general matters
The Inspector General Act of 1978 (Pub. L. No. 95-452
(Oct. 12, 1978)) established a government-wide system of
Inspectors General, some appointed by the President with the
advice and consent of the Senate and others ``administratively
appointed'' by the heads of their respective Federal entities.
These Inspector Generals were authorized to ``conduct and
supervise audits and investigations relating to the programs
and operations'' of the government and ``to promote economy,
efficiency, and effectiveness in the administration of, and *
* * to prevent and detect fraud and abuse in, such programs
and operations.'' 5 U.S.C. App. 2. These Inspectors General
also perform an important reporting function, ``keeping the
head of the establishment and the Congress fully and currently
informed about problems and deficiencies relating to the
administration of * * * programs and operations and the
necessity for and progress of corrective action.'' Id. The
investigative authorities exercised by Inspectors General, and
their relative independence from the government operations they
audit and investigate, provide an important mechanism to ensure
that the operations of the government are conducted as
efficiently and effectively as possible.
The Inspectors General of the CIA and Departments of
Defense, Energy, Homeland Security, Justice, State, and
Treasury are appointed by the President with the advice and
consent of the Senate. These Inspectors General--authorized by
either the Inspector General Act of 1978 or section 17 of the
CIA Act of 1949--enjoy a degree of independence from all but
the head of their respective departments or agencies. They also
have explicit statutory authority to access information from
their departments or agencies or other United States Government
departments and agencies and may use subpoenas to access
information (e.g., from an agency contractor) necessary to
carry out their authorized functions.
The National Reconnaissance Office, the Defense
Intelligence Agency, the National Security Agency and the
National Geospatial-Intelligence Agency have established their
own ``administrative'' Inspectors General. However, because
they are not identified in section 8G of the Inspector General
Act of 1978, they lack explicit statutory authorization to
access information relevant to their audits or investigations,
or to compel the production of information via subpoena. This
lack of authority has impeded access to information, in
particular information from contractors, that is necessary for
them to perform their important oversight function. These
Inspectors General also lack the indicia of independence
necessary for the Government Accountability Office to recognize
their annual financial statement audits as being in compliance
with the Chief Financial Officers Act of 1990 (Pub. L. No. 101-
576 (Nov. 15, 1990)). The lack of independence also prevents
the Department of Defense Inspector General, and would prevent
the Inspector General of the Intelligence Community, from
relying on the results of NRO, DIA, NSA, or NGA Inspector
General audits or investigations that must meet ``generally
accepted government auditing standards.''
To provide an additional level of independence and to
ensure prompt access to the information necessary for these
Inspectors General to perform their audits and investigations,
Section 443 amends Section 8G(a)(2) of the Inspector General
Act of 1978 to include NRO, DIA, NSA, and NGA as ``designated
federal entities.'' As so designated, the heads of these
Intelligence Community elements will be required by statute
administratively to appoint Inspectors General for these
agencies.
Also, as designated Inspectors General under the
Inspector General Act of 1978, these Inspectors General will be
responsible to the heads of the NRO, DIA, NSA, and NGA. The
removal or transfer of any of these Inspectors General by the
head of their office or agency must be promptly reported to the
congressional intelligence committees. These Inspectors General
will also be able to exercise other investigative authorities,
including those governing access to information and the
issuance of subpoenas, utilized by other Inspectors General
under the Inspector General Act of 1978.
To protect vital national security interests, Section 443
permits the Secretary of Defense, in consultation with the
Director of National Intelligence, to prohibit the Inspectors
General of the NRO, DIA, NSA, and NGA from initiating, carrying
out, or completing any audit or investigation they are
otherwise authorized to conduct. This authority is similar to
the authority of the CIA Director under section 17 of the CIA
Act of 1949 with respect to the Inspector General of the CIA
and the authority of the Secretary of Defense under section 8
of the Inspector General Act of 1978 with respect to the
Department of Defense Inspector General. It will provide the
President, through the Secretary of Defense, in consultation
with the DNI, a mechanism to protect extremely sensitive
intelligence sources and methods or other vital national
security interests. The Committee expects that this authority
will be exercised rarely by the Secretary of Defense.
The Senate amendment had provided the authority to
prohibit the Inspectors General from initiating, carrying out,
or completing any audit or investigation to either the DNI or
the Secretary of Defense. To address Administration concerns
that authorizing the DNI to cut off an investigation that had
been ordered by the head of an executive department would be
inconsistent with the preservation of the authority of the
heads of departments and agencies over their respective
departments, the conferees changed this provision to limit the
authority to the Secretary of Defense, in consultation with the
DNI.
Section 443 is similar to Section 433 of the Senate
amendment. The House bill had no similar provision.
Section 444. Confirmation of appointment of heads of certain components
of the Intelligence Community
Under present law and practice, the directors of the NSA
and NRO, each with a distinct and significant role in the
national intelligence mission, are not confirmed by the Senate
in relation to their leadership of these agencies. Presently,
the President appoints the Director of NSA and the Secretary of
Defense appoints the Director of the NRO. Neither of these
appointments must be confirmed by the Senate, unless a military
officer is promoted or transferred into the position. Under
that circumstance, Senate confirmation of the promotion or
assignment is the responsibility of the Committee on Armed
Services. That committee's review, however, relates to the
military promotion or assignment and not specifically to the
assumption by the individual of the leadership of a critical
element of the Intelligence Community.
Section 434 of the Senate amendment provided that the
heads of NSA, NGA, and NRO would be nominated by the President
and that the nominations would be confirmed by the Senate.
Through advice and consent, the Senate can enable the Congress
to fulfill more completely its responsibility for providing
oversight to the intelligence activities of the United States
Government.
To respond to the concerns of the DNI about the increase
in the number of Senate-confirmed positions within the
Intelligence Community, the conferees agreed that only the
heads of the NSA and NRO, as the larger two of the three
agencies, should be nominated by the President and confirmed by
the Senate at this time. While all three agencies play a
critical role in the national intelligence mission, the
spending of NSA and NRO comprises a significant portion of the
entire intelligence budget of the United States, and a
substantial portion of the National Intelligence Program. The
activities of NSA and NRO are also of particular concern to the
congressional intelligence committees, because of the need for
NSA's authorized collection to be consistent with the
protection of the civil liberties and privacy interests of U.S.
persons, and because of concerns about NRO's management of the
significant budget resources and mission with which it is
entrusted.
Section 444(b) provides that the amendments made by
section 444 apply prospectively. Therefore, the Directors of
NSA and NRO on the date of the enactment of this Act will not
be affected by the amendments, which will apply initially to
the appointment and confirmation of their successors. Section
444 does not alter the role of the Committee on Armed Services
in reviewing and approving the promotion or assignment of
military officers.
The House bill had no similar provision.
Section 445. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis and dissemination
of certain intelligence information
The National Imagery and Mapping Agency Act of 1996 (Pub.
L. No. 104-201 (Sept. 23, 1996) (NIMA Act)) formally merged the
imagery analysis and mapping efforts of the Department of
Defense and the CIA. In the NIMA Act, Congress cited a need
``to provide a single agency focus for the growing number and
diverse types of customers for imagery and geospatial
information resources within the Government * * * to harness,
leverage, and focus rapid technological developments to serve
the imagery, imagery intelligence, and geospatial information
customers.'' Section 1102(1) of the NIMA Act. Since then, there
have been rapid developments in airborne and commercial imagery
platforms, new imagery and geospatial phenomenology, full
motion video, and geospatial analysis tools.
Section 921 of the National Defense Authorization Act for
Fiscal Year 2004 (Pub. L. No. 108-136 (Nov. 24, 2003)) changed
the name of the National Imagery and Mapping Agency to the
National Geospatial-Intelligence Agency. The name change was
intended to introduce the term ``geospatial intelligence'' to
better describe the unified activities of NGA related to the
``analysis and visual representation of characteristics of the
earth and activity on its surface.'' See S. Rep. 108-46 (May
13, 2003) (accompanying The National Defense Authorization Act
for Fiscal Year 2004, S. 1050, 108th Cong., 1st Sess.).
Though the NGA has made significant progress toward
unifying the traditional imagery analysis and mapping missions
of the CIA and Department of Defense, it has been slow to
embrace other facets of ``geospatial intelligence,'' including
the processing, storage, and dissemination of full motion video
(``FMV'') and ground-based photography. Rather, the NGA's
geospatial product repositories--containing predominantly
overhead imagery and mapping products--continue to reflect its
heritage. While the NGA is belatedly beginning to incorporate
more airborne and commercial imagery, its data holdings and
products are nearly devoid of FMV and ground-based photography.
The conferees believe that FMV and ground-based
photography should be included, with available positional data,
in NGA data repositories for retrieval on Department of Defense
and Intelligence Community networks. Current mission planners
and military personnel are well-served with traditional imagery
products and maps, but FMV of the route to and from a facility
or photographs of what a facility would look like to a foot
soldier--rather than from an aircraft--would be of immense
value to military personnel and intelligence officers. Ground-
based photography is amply available from open sources, as well
as other government sources such as military units, United
States embassy personnel, defense attaches, special operations
forces, foreign allies, and clandestine officers. These
products should be better incorporated into NGA data holdings.
To address these concerns, Section 445 adds an additional
national security mission to the responsibilities of the NGA.
To fulfill this new mission, NGA would be required, as directed
by the DNI, to develop a system to facilitate the analysis,
dissemination, and incorporation of likenesses, videos, or
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.
Section 445 also makes clear that this new responsibility
does not include the authority to manage tasking of handheld or
clandestine photography taken by or on behalf of human
intelligence collection organizations. Although Section 445
does not give the NGA authority to set technical requirements
for collection of handheld or clandestine photography, the
conferees encourage the NGA to engage other elements of the
Intelligence Community on these technical requirements to
ensure that their output can be incorporated into the national
system for geospatial-intelligence within the security handling
guidelines consistent with the photography's classification as
determined by the appropriate authority.
Section 445 is similar to Section 435 of the Senate
amendment. The House bill had no similar provision.
Section 446. Security clearances in the National Geospatial-
Intelligence Agency
Section 446 requires the Secretary of Defense to delegate
to the Director of NGA through December 31, 2008, the personnel
security authority with respect to NGA personnel that is
identical to the personnel security authority of the Director
of NSA with respect to NSA personnel. Section 446 is designed
as an interim measure to address what has been a large backlog
in security clearances at NGA. The conferees believe the DNI
and the Secretary of Defense must continue to seek a permanent
method of addressing clearance matters such as these. Section
446 is identical to Section 436 of the Senate amendment. The
House bill had no similar provision.
Subtitle D--Other Elements
Section 451. Clarification of inclusion of Coast Guard and Drug
Enforcement Administration as elements of the Intelligence
Community
Section 451 restores, with respect to the United States
Coast Guard, the prior definition of ``intelligence community''
in the National Security Act of 1947 applicable to that
service. See 50 U.S.C. 401a. Section 1073 of the Intelligence
Reform Act modified the definition of ``intelligence
community,'' inadvertently limiting the Coast Guard's inclusion
in the Intelligence Community to the Office of Intelligence or
those portions of the Coast Guard concerned with the analysis
of intelligence. Section 451 clarifies that all of the Coast
Guard's intelligence elements are included within the
definition of the ``intelligence community.''
Section 451 also codifies the joint decision of the DNI
and Attorney General that the Drug Enforcement Administration
should be within the Intelligence Community.
Section 451 is similar to Section 441 of the Senate
amendment and Section 433 of the House bill.
TITLE V--OTHER MATTERS
Subtitle A--General Intelligence Matters
Section 501. Extension of National Commission for Review of Research
and Development Programs of the United States Intelligence
Community
The National Commission for Review of Research and
Development Programs of the United States Intelligence
Community was authorized in the Intelligence Authorization Act
for Fiscal Year 2003, and lapsed on September 1, 2004. Section
501 renews authority for this Commission by extending the
reporting deadline to December 31, 2008, and requiring that new
members be appointed to the Commission. This section also
authorizes funds for the commission from the Intelligence
Community Management Account. Section 501 is similar to Section
502 of the House bill. The Senate amendment had no similar
provision.
Section 502. Report on intelligence activities
Section 502 requires the DNI to submit a report to the
congressional intelligence committees describing any
authorization, if it exists, to engage in intelligence
activities related to the overthrow of a democratically elected
government during the 10-year period prior to enactment of this
Act. Section 502 is similar to Section 503 of the House bill.
The Senate had no comparable provision.
Section 503. Aerial Reconnaissance Platforms
The conferees agreed to include in Section 503 of the
conference report the same amendment to Section 133(b) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (``NDAA'') that was included in H.R. 1585, the National
Defense Authorization Act for Fiscal Year 2008 as passed by the
House on May 17, 2007.
Section 501 of the House bill reflected the interest of
the House that the Secretary of Defense not make the
certification required in Section 133(b) of the NDAA until
after a study has been completed to determine whether the
Global Hawk RQ-4 unmanned aerial vehicle has reached mission
capability and has attained collection capabilities on a par
with the capabilities of the U-2 aircraft; the Secretary has
made a determination whether the Global Hawk RQ-4 unmanned
aerial vehicle has reached mission capability and has attained
collection capabilities on a par with the collection
capabilities of the U-2 Block 20 aircraft program as of the
2006 Quadrennial Defense Review; and the study has been
submitted to the congressional committees of jurisdiction in
accordance with the rules of each chamber.
The Senate had no comparable provision.
Subtitle B--Technical Amendments
Section 511. Technical amendments to Title 10, United States Code,
arising from enactment of the Intelligence Reform and Terrorism
Protection Act of 2004
Section 511 corrects a number of technical errors in the
United States Code arising from the enactment of the
Intelligence Reform Act in 2004. Section 511 is identical to
Section 504 of the Senate amendment. The House bill has no
similar provision.
Section 512. Technical amendments to the Central Intelligence Agency
Act of 1949
Section 512 amends the Central Intelligence Agency Act of
1949 by updating references to the National Security Act of
1947 to reflect amendments made by the Intelligence Reform Act.
Section 512 is identical to Section 505 of the Senate bill and
similar to Section 422 of the House bill.
Section 513. Technical amendments to the multiyear National
Intelligence Program
Section 513 updates the ``multiyear national intelligence
program'' to incorporate organizational and nomenclature
changes made by the Intelligence Reform Act. Section 506 is
identical to Section 513 of the Senate amendment and Section
511 of the House bill.
Section 514. Technical clarifications of certain references to Joint
Military Intelligence Program and Tactical Intelligence and
Related Activities
Section 514 makes technical clarifications to the
National Security Act of 1947 to reflect the consolidation of
the Joint Military Intelligence Program and the Tactical
Intelligence and Related Activities program into the Military
Intelligence Program. This section preserves the requirement
that the DNI participate in the development of the annual
budget and be consulted prior to the transfer or reprogramming
of funds for the Military Intelligence Program. Section 514 is
identical to Section 502 of the Senate amendment and Section
512 of the House bill.
Section 515. Technical amendments to the National Security Act of 1947
Section 515 makes a number of technical corrections to
the National Security Act of 1947 arising from enactment of the
Intelligence Reform Act. Conferees removed one technical
correction because it was unnecessary to clarify the scope of a
completed reporting requirement. Section 515 is otherwise
identical to Section 501 of the Senate bill and Section 513 of
the House bill.
Section 516. Technical amendments to the Intelligence Reform and
Terrorism Prevention Act of 2004
Section 516 makes a number of technical and conforming
amendments to the Intelligence Reform Act. Section 516 is
identical to Section 503 of the Senate amendment and Section
514 of the House bill.
Section 517. Technical amendments to the Executive Schedule
Section 517 makes technical amendments to the Executive
Schedule to correct outdated and incorrect references to
``Director of Central Intelligence,'' ``Deputy Directors of
Central Intelligence,'' and ``General Counsel to the National
Intelligence Director.'' Section 517 is substantially similar
to Section 507 of the Senate amendment and Section 515 of the
House bill.
General Matters
Items not included
The managers agreed not to include in the conference
report certain sections from the House bill and the Senate
amendment because these sections were unnecessary; the
requirements in the section had been or would be otherwise
fulfilled; the sections related to activities for which funds
would not be available; or for other reasons.
Because the DNI expressed concerns over the increase in
the number of Senate-confirmed positions within the
Intelligence Community, the conferees reviewed the total number
of Senate-confirmed positions in the Senate amendment and the
House bill. On that review, the conferees determined to limit
the additional confirmed positions in this conference report to
the three positions they identified to be the highest current
priority. In doing so, the conferees eliminated a provision
that would have required the head of NGA to be confirmed by the
Senate, as discussed in Section 444 of this joint explanatory
statement, and removed Section 421 of the Senate amendment and
Section 421 of the House bill. Section 421 of the Senate
amendment and House bill would have made the position of Deputy
Director of the Central Intelligence Agency a statutory
position that required appointment by the President, with the
advice and consent of the Senate. The conferees expect that the
congressional intelligence committees will continue to consider
the appropriate method of appointment of the Deputy Director of
the Central Intelligence Agency.
The conference report also eliminates Section 407 of the
House bill, which would have required the DNI to submit a
National Intelligence Estimate on the anticipated geopolitical
effects of global climate change on the national security of
the United States. The conferees remain fully committed to this
assessment. The conferees note the DNI has stated that work on
such a national intelligence assessment has already begun. The
conferees expect that the national intelligence assessment will
be transmitted to Congress in a timely manner.
The House receded on the following sections: Section 405,
eligibility for incentive awards of personnel assigned to the
Office of the Director of National Intelligence; Section 504,
reiteration of the Foreign Intelligence Surveillance Act of
1978 (``FISA'') as the exclusive means for electronic
surveillance; Section 517, technical amendments relating to
redesignation of the National Imagery and Mapping Agency as the
National Geospatial-Intelligence Agency; Section 601,
identification of best practices for the communication of
information concerning a terrorist threat; and Section 602,
centers of best practices.
The Senate receded on the following sections: Section
106, development and acquisition program; Section 315,
submittal to Congress of certain FISA court orders; Section
409, reserve for contingencies of the Office of the Director of
National Intelligence; Section 508, technical amendments
relating to redesignation of the National Imagery and Mapping
Agency as the National Geospatial-Intelligence Agency; and
Section 509, technical amendments relating to the
responsibility of the Director of National Intelligence. The
elimination of Section 106 of the Senate amendment is discussed
in more detail in the classified annex.
With respect to the two provisions in the House bill and
Senate amendment dealing with FISA, it was the judgment of the
conferees that they would best be addressed in pending
legislation to amend FISA.
Compliance with rule XXI, CL. 9 (House) and with rule XLIV (Senate)
The following list is submitted in compliance with clause
9 of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, which require
publication of a list of congressionally directed spending
items (Senate), congressional earmarks (House), limited tax
benefits, and limited tariff benefits included in the
conference report, the joint explanatory statement, or the
classified schedule of authorizations accompanying the
conference report, including the name of each Senator, House
Member, Delegate, or Resident Commissioner who submitted a
request to the Committee of jurisdiction for each item so
identified. Congressionally directed spending items (as defined
in the Senate rule) and congressional earmarks (as defined in
the House rule) in this division of the conference report, the
joint explanatory statement, or the classified schedule of
authorizations are listed below. The conference report, the
joint explanatory statement, and the classified schedule of
authorizations contain no limited tax benefits or limited
tariff benefits as defined in the applicable House and Senate
rules.
The following items are included in the NIP
authorization:
(1) A provision directing the expenditure of $3,000,000
for research into advanced mirror development in the National
Reconnaissance Program. The provision was requested by
Congressman Tierney.
(2) A provision adding $3,200,000 to the National
Security Agency for the RC-135 sensor upgrade. The provision
was added at the request of Congressman Hall of Texas.
(3) A provision adding $2,750,000 to the National
Security Agency for geo-location software development. The
provision was added at the request of Congresswoman Eshoo.
(4) A provision adding $3,000,000 to the National
Security Agency for a Counterproliferation system prototype.
The provision was requested by Congressman Ruppersberger.
(5) A provision adding $23,000,000 to fund the operations
of the NDIC. The provision was added at the request of
Congressman Murtha.
(6) A provision adding $1,600,000 to the Community
Management Account for the Centers of Academic Excellence. The
provision was requested by Congressman Hastings of Florida.
(7) A provision adding $1,500,000 for the Laboratory for
High-Performance Computational Systems at the Missile and Space
Intelligence Center. The provision was requested by Congressman
Cramer.
(8) A provision adding $1,000,000 to improve rapid
missile all-source analysis at the Missile and Space
Intelligence Center. The provision was requested by Congressmen
Cramer and Everett.
(9) A provision adding $4,000,000 for a Missile and Space
Intelligence Center simulation project. The provision was
requested by Congressman Cramer and Everett.
(10) A provision adding $1,000,000 for seismic research
to the General Defense Intelligence Program. The provision was
requested by Congressman Tierney.
(11) A provision adding $2,000,000 to the National
Geospatial Intelligence Program for a global geospatial data
project. The provision was requested by Congressman Everett.
(12) A provision adding $1,000,000 for joint intelligence
training and education to the Joint Counterintelligence
Training Activity. The provision was requested by Congressman
Murtha.
(13) A provision adding $1,000,000 for mobile missile
analysis and detection to the General Defense Intelligence
Program. The provision was requested by Congressman Murtha.
(14) A provision adding $200,000 to the Office of the
Director of National Intelligence for an Intelligence Training
Program run by the Kennedy School of Government. This program
was started in fiscal year 2007, but the President did not
request funding for it for fiscal year 2008. The provision was
added at the request of Senator Rockefeller.
(15) A provision adding $3,000,000 to the Naval
Oceanographic Command. This provision was added at the request
of Senator Lott.
(16) A provision directing the expenditure of $3,000,000
for a classified effort with the National Reconnaissance
Office's GEOINT/SIGINT Integrated Ground Development
Engineering and Management Expenditure Center. This provision
was added at the request of Senator Rockefeller.
In addition, the following earmarks (as defined in the
House rule) are included in the Military Intelligence Program
and the Information Systems Security Program. The House
Permanent Select Committee on Intelligence shares jurisdiction
of these programs with the House Armed Services Committee.
(1) A provision adding $2,000,000 to the National
Security Agency for a radio frequency signal collection
program. The provision was requested by Congressman
Ruppersberger.
(2) A provision adding $1,000,000 to the National
Security Agency for a next-generation signal intelligence
sensor. The provision was requested by Congressman McCaul.
(3) A provision adding $1,000,000 to Special Operations
Command for tactical signals intelligence and geo-location
cognitive analysis. The provision was requested by Congressman
Cramer.
(4) A provision adding $1,000,000 to the United States
Army for Battle Lab collection management tool synchronization.
The provision was requested by Congressman Cramer.
(5) A provision adding $1,500,000 to the United States
Army for sensor visualization and data fusion. The provision
was requested by Congressman Tierney.
(6) A provision adding $3,000,000 to the United States
Air Force for the RC-135 modernization. The provision was
requested by Congressman Hall of Texas.
(7) A provision adding $2,000,000 to the Office of the
Secretary of Defense for the Western Hemisphere Security
Analysis Center. The provision was requested by Congressman
Hastings of Florida.
(8) A provision adding $10,000,000 to the National
Security Agency for the national/tactical gateway. The
provision was requested by Congressman Ruppersberger.
(9) A provision adding $2,500,000 for computer chip
hardening to the National Security Agency. The provision was
requested by Congressman Ruppersberger.
(10) A provision adding $2,500,000 for the cryptographic
modernization program to the National Security Agency. The
provision was requested by Congressman Honda.
From the Permanent Select Committee on
Intelligence, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Silvestre Reyes,
Alcee L. Hastings,
Leonard L. Boswell,
Bud Cramer,
Anna G. Eshoo,
Rush Holt,
C.A. Ruppersberger,
Mike Thompson,
Janice Schakowsky,
James R. Langevin,
Patrick J. Murphy.
From the Committee on Armed Services, for
consideration of defense tactical intelligence
and related activities:
Ike Skelton,
John M. Spratt, Jr.,
Managers on the Part of the House.
John Rockefeller,
Dianne Feinstein,
Ron Wyden,
Evan Bayh,
Barbara A. Mikulski,
Russell D. Feingold,
Bill Nelson,
Sheldon Whitehouse,
Chuck Hagel,
Olympia J. Snowe,
As additional conferee:
Carl Levin.
Managers on the Part of the Senate.
