[Congressional Record: September 16, 2009 (Senate)]
[Page S9447-S9480]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010
Mr. CASEY. Mr. President, I ask unanimous consent the Senate proceed
to the consideration of Calendar No. 120, S. 1494.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1494) to authorize appropriations for fiscal
year 2010 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mrs. FEINSTEIN. Mr. President, I rise today to speak about the
Intelligence Authorization Act for fiscal year 2010, S. 1494, that the
Senate has approved by unanimous consent.
The legislation is the product of a bipartisan effort in the
Intelligence Committee, which was reflected by the committee's
unanimous vote of 15 to 0 on the bill. I thank Vice Chairman Bond for
his efforts on the legislation and the full committee staff for their
work.
It has been 4 years since the Congress has passed and the President
has signed an intelligence authorization act. This has meant that the
law has not kept up with changes in the intelligence community and that
Congress has not been able to require reforms and provide flexibilities
that are sorely needed. I am pleased that the Senate has taken a major
step toward enactment.
Before summarizing some of the key provisions of this legislation,
let me briefly describe the way in which it was written.
The committee has worked with the Director of National Intelligence,
DNI, ADM Dennis Blair, to identify areas where legislation is needed to
better run and oversee the Nation's 16 intelligence agencies. Many of
these provisions have been proposed and included in previous
legislation reported out by the Intelligence Committee but have yet to
be passed into law.
At the request of the White House, we have separated issues of
terrorist detention and interrogation from this bill and the committee
intends to take up legislation on those issues separately. The
committee has not changed its position from previous legislation on the
need to have an effective and humane interrogation program that
operates fully within the nation's laws and international commitments.
The major themes of this bill are to strengthen the Director of
National Intelligence to make sure that he has the management
authorities and flexibilities needed to direct the intelligence
community; insist upon stronger accountability and oversight mechanisms
for intelligence activities, both within the executive branch and by
the Congress; and to fund fully the intelligence community's share of
the war efforts in Iraq and Afghanistan and the continuing
counterterrorism operations against al-Qaida and other terrorist
organizations worldwide.
There is also a classified annex to this bill, which lays out the
authorized funding levels for the National Intelligence Program. The
theme of the annex is to shift funds from intelligence activities that
are less capable, lower priority, or not performing to those that will
provide the Nation with better capabilities for intelligence
collection, analysis, counterintelligence, and covert action.
The details of the classified annex are necessarily secret, but all
Members are welcome to review them at the committee's offices at any
time.
Let me describe some of the notable provisions in more detail.
To add to the management authorities of the Director of National
Intelligence, the bill gives the Director of National Intelligence
greater flexibility in personnel matters, including extending the
length of time that personnel may be detailed to an intelligence agency
to 3 years from the current 1 year. It also provides the Director,
working with individual intelligence agencies, to shift or hire
personnel by up to 5 percent above authorized personnel levels if
intelligence requirements demand doing so. The bill authorizes the DNI
to conduct accountability reviews of personnel and elements within the
intelligence community, further clarifying that the Director is the
senior official in the intelligence community. It seeks to prevent
repetitions of information sharing problems by enabling the DNI to
purchase necessary equipment or technology to improve information
sharing with governmental departments or agencies regardless of whether
they are part of the intelligence community. The bill also requires the
intelligence community to continue putting in place the information
technology necessary to assure information flows between its agencies.
The committee has longstanding concerns with the way the intelligence
community has briefed, or has failed to brief, the congressional
Intelligence Committees on all intelligence activities and covert
actions. Two major controversies, over CIA detention and interrogation
and over the warrantless surveillance program of the National Security
Agency, were both briefed only to the chairman and vice chairman of the
Senate Intelligence Committee. The rest of the committee's membership
was unaware of these programs for years.
The bill strengthens the statutory requirements to keep the
congressional intelligence committees ``fully and currently informed''
of intelligence activities and covert actions. The legislation makes
clear that there is no exception to the obligation to brief Congress on
intelligence activities and covert actions; requires that notifications
include a description of the legal authority on which activities are
undertaken; and requires that all committee members be provided with
the broad outlines--the ``main features''--of intelligence programs in
those instances where the sensitive operational details are provided
only to a limited number of Senators.
In addition to ensuring that notifications to the Congress are
conducted, the bill includes a number of additional provisions intended
to strengthen intelligence oversight. These include creating an
independent inspector general, confirmed by the Senate, to help the DNI
oversee the intelligence community and strengthening the inspectors
general of the National Security Agency, NSA, Defense Intelligence
Agency, DIA, National Reconnaissance Office, NRO, and National
Geospatial-Intelligence Agency, NGA, by listing them
[[Page S9448]]
under the Inspector General Act of 1978.
They include requiring Senate confirmation for the Directors of the
National Security Agency, the National Reconnaissance Office, the
National Geospatial-Intelligence Agency, and for the Deputy Director of
the CIA. For several years, the Intelligence Committee has viewed these
positions as holding substantial budgetary and policy responsibilities.
They also include improving the intelligence community's ability to
budget, manage finances, and run program acquisitions. I am unable to
state publicly why these provisions are so important, but it is fair to
say that intelligence agencies have had major failures in this regard.
In this bill, we have sought to apply best practices from other parts
of the government to intelligence community management and acquisitions
with the goal of more efficiently and effectively using taxpayer
dollars to fund intelligence activities.
Finally, while I am unable to provide specifics due to reasons of
classification, let me highlight five other parts of the bill and its
classified annex that merit recognition.
Satellites. To address a problem created by years of mismanagement
and acquisition failures, the annex to this bill recommends a more
capable and more affordable imagery satellite architecture that
addresses the requirements of both our civilian policymakers and
military warfighters.
Languages. As our committee report notes, the intelligence
community's language capabilities are abysmal. This bill authorizes
increased funding to significantly improve language proficiencies.
Rather than funding separate initiatives across the various
intelligence agencies, this funding is provided to the Director of
National Intelligence for allocation and coordination to maximize
effectiveness.
Research and Development. The U.S. intelligence community leads the
world in the technical collection of intelligence. This success is the
result of decades of investment in research and development. The annex
to this bill recommends increases in investment on research and
development to return to the level of funding necessary to maintain the
nation's technological edge.
Cybersecurity. The committee has held numerous hearings with the
Acting Senior Director for Cybersecurity in the National Security
Council, the Director of the National Security Agency, and the
committee's Technical Advisory Group. I believe strongly that cyber
attack and espionage by adversary nations and nonstate actors pose a
grave threat to our Nation's national and economic security. I also
believe, however, that initiatives underway to provide for security of
the government's cyber networks need to be implemented and overseen
carefully to ensure that privacy rights are upheld.
For this reason, the bill includes a provision that establishes a
framework for executive and congressional oversight for cybersecurity.
Specifically, it requires reporting to Congress on the legal
authorities for cyber-security programs, privacy assessments, and
details of the concept of operations for these activities. The
provision also requires thorough auditing of cyber-security programs by
the relevant inspectors general, especially to determine compliance
with law and privacy rights. Finally, the provision authorizes the
detail of cyber experts from the intelligence community to the
Department of Homeland Security and FBI to assist in their roles in
cyber defense and law enforcement. The annex to the bill also adjusts
funding levels to ensure that the President's request for cyber-
security activities are appropriately funded and are proceeding under
clear legal and policy guidance.
Report on compliance with laws related to detention and
interrogation. As I noted, the administration and our committee
continue to conduct reviews of detention and interrogation practices
begun after September 11, 2001. This bill requires the DNI to report on
how the intelligence community complies with all laws, international
obligations, and executive orders related to the detention and
interrogation of persons under their control.
Following the reporting of our bill on July 22, we have worked with
three committees of the Senate to resolve several questions.
We have worked with the Armed Services Committee to develop a Senate
resolution that will govern the sequence of referral, between that
committee and the Intelligence Committee, of nominations for Director
of the National Security Agency, the National Reconnaissance Office,
and the National Geospatial-Intelligence Agency. That resolution has
the support of Chairman Levin and Ranking Member McCain of the Armed
Services Committee, as well as having my and Vice Chairman Bond's
support. I will address the proposed resolution in a separate colloquy
today with Chairman Levin.
We have worked with Ranking Member Cochran of the Appropriations
Committee on an agreement to strike, in a managers' amendment, section
341 of the bill that would have expressed the sense of the Senate on an
Appropriations Subcommittee on Intelligence. That internal Senate
matter will continue to be discussed within the Senate but will not be
a part of this bill.
We have worked with Chairman Leahy of the Judiciary Committee to
resolve several matters. The managers' amendment that Vice Chairman
Bond and I have offered amends three provisions which require the
submission of reports on various matters. The purpose of the amendments
to sections 336, 407, and 445 is to ensure that the Judiciary Committee
receives reports on matters within its jurisdiction. In consultation
with the Office of the Director of National Intelligence, the managers'
amendment amends section 411 on a FOIA operational file exemption to
state more precisely the intent of the provision. The managers'
amendment also strikes section 352 that establishes a FOIA exemption
for terrorist identity information that is disseminated for terrorist
screening purposes. As a comparable provision has been reported in the
House, we expect that the provision will be the subject of further
consideration at conference.
Mr. President, the vice chairman and I have worked hard to produce
bipartisan legislation that provides the intelligence community with
the tools and resources needed to keep the Nation safe and to inform
decisionmakers. This bill does just that. It strikes a balance between
allowing intelligence agencies the latitude to conduct their operations
while ensuring their legality and efficiency.
I very much appreciate the Senate's approval of this legislation and
look forward to bringing a conference report to the Senate as soon as
possible.
Mr. BOND. Mr. President, for too many years, Congress has failed to
pass an intelligence authorization bill that could be signed into law.
We came close once, only to have our efforts derailed by a problematic
interrogation provision. We have solved that problem this year, and now
I believe we finally have a product that we can move forward with the
hope that it will soon be signed into law.
The intelligence authorization bill before us will give the
intelligence community the flexibility and authorities it needs to
function effectively and will ensure appropriate intelligence oversight
by this committee.
Over the past several months, we have worked closely with the
administration and other committees to address their concerns over
various provisions. Of course, some concerns were easier to resolve
than others. But we are now at a point that I believe we can pass this
bill through the Senate.
I have often said that in creating the Director of National
Intelligence, we gave him an awful lot of responsibility without all
the authority he needed. Well, our bill attempts to address that
problem by giving the DNI clearer authority and greater flexibility in
overseeing the intelligence community.
There are also a number of provisions in this bill that I believe are
essential for promoting good government. Too often, we have seen
programs or acquisitions of major systems balloon in cost and decrease
in performance. That is unacceptable. We are in difficult economic
times and the taxpayers are spending substantial sums of money to
ensure that the intelligence community has the tools it needs to keep
us safe. If we don't demand accountability for how these tools are
operated or created, then we are failing the taxpayers, and we are
failing the intelligence community.
[[Page S9449]]
So, for the past several years, I have sponsored amendments that
require the intelligence community to perform vulnerability assessments
of major systems and to keep track of excessive cost growth of major
systems. This latter provision is modeled on the Nunn-McCurdy provision
which has guided Defense Department acquisitions for years. I am happy
to say that these provisions are part of this year's bill too. I
believe that these, and other good-government provisions, will
encourage earlier identification and solving of problems relating to
the acquisition of major systems. Too often, such problems have not
been identified until exorbitant sums of money have been spent--and,
unfortunately, at that point, there is often reluctance to cancel the
project.
Similarly, the intelligence community must get a handle on its
personnel levels. Now, I do not share the belief that the Office of the
Director of National Intelligence is too large; in fact, I think we
need to make sure that our National Counterterrorism Center and
National Counterproliferation Center have more resources, not less.
However, I am concerned about the number of contractors used by the
intelligence community to perform functions better left to government
employees. There are some jobs that demand the use of contractors--for
example, certain technical jobs or short-term functions--but too often,
the quick fix is just to hire contractors, not long-term support. So,
our bill includes a provision calling for annual personnel level
assessments for the intelligence community. These assessments will
ensure that, before more people are brought in, there are adequate
resources to support them and enough work to keep them busy.
Finally, the CIA's interrogation program has been a hot topic over
the past few months. This spring, the administration declassified
several Office of Legal Counsel opinions pertaining to the program but
redacted much of the information concerning its effectiveness. I am
generally opposed to releasing information about some of our most
sensitive intelligence sources and methods, but in this case, I believe
the record needed to be set straight. So I sponsored an amendment, that
was accepted by the committee, requiring the Director of the CIA to
release an unclassified summary of several memos that discuss the
effectiveness of the interrogation program. The American people may
decide for themselves whether or not the CIA's program was effective in
preventing terrorist attacks on our nation and our allies.
These are just a few of the provisions in this bill that I believe
are important for the success of our intelligence collection efforts
and equally important for ensuring sound oversight by the Intelligence
Committee.
I commend Senator Feinstein for her leadership in shepherding this
bill through the committee and the Senate. I appreciated her
willingness to work through the many issues raised throughout this
process.
I ask my colleagues to support this bill so that we can get back on
track with performing effective intelligence oversight.
Clarifying Responsibilities of Committees
Mrs. FEINSTEIN. Mr. President, section 432 of S. 1494, the
Intelligence Authorization Act for Fiscal year 2010 that is before the
Senate today, provides that the Directors of the National Security
Agency, the National Geospatial-Intelligence Agency, and the National
Reconnaissance Office shall be appointed by the President with the
advice and consent of the Senate. For several years, the Select
Committee on Intelligence has been seeking the enactment of legislation
to provide for Senate confirmation of these important positions. The
Senate has previously endorsed this effort by including this
requirement in the proposed Intelligence Authorization for Fiscal Year
2008.
It is our strong hope that the time has come to enact this
fundamental measure to ensure adequate oversight of these three
agencies whose spending constitutes a significant portion of the entire
intelligence budget. In preparation for that, my colleague at the
Intelligence Committee, our vice chairman Kit Bond, and I have worked
with the leadership of the Armed Services Committee, Chairman Carl
Levin and Ranking Member John McCain, to settle on the process by which
our two committees will assist the Senate in a careful examination of
the qualifications of nominees to head these agencies. The insights of
both committees is important in that process because the three entities
are housed in the Department of Defense and perform significant
responsibilities there while also being major components of the
intelligence community.
The resolution that we have prepared recognizes the contribution that
each of our committees should make to a thorough and timely process. It
provides that if the nominee is an Active-Duty military officer, the
confirmation process will begin in the Armed Services Committee and, if
reported, the nomination will be sequentially referred to the
Intelligence Committee for a prescribed period of time; namely, 30 days
plus an additional 5 days if the 30-day period expires when the Senate
is in recess. If the nominee is a civilian, the confirmation process
will begin in the Intelligence Committee with a sequential referral to
the Armed Services Committee under those same time limits. To ensure
that the sequential referral does not delay completion of the committee
part of the nomination process, the resolution provides for the
automatic discharge of the nominations from the second committee if it
has not reported with the prescribed period of time.
This referral system recognizes the equities of each committee and
will ensure that the Senate receives the benefit of the recommendations
made by the two committees with the expertise necessary to advise the
Senate about the qualifications of nominees to head these three
important agencies.
Although we are not formally introducing the resolution at this time,
Vice Chairman Bond joins me in this public commitment to the Senate
that we will ask our committee to report the resolution in time for
consideration and adoption by the Senate in conjunction with a
conference report on the fiscal year 2010 Intelligence authorization.
I ask unanimous consent that the full text of the resolution, showing
its cosponsorship by myself, Senator Levin, Senator Bond, and Senator
McCain, be printed in the Record at the conclusion of the colloquy.
The PRESIDING OFFICER. Without objection, it is so ordered.
[See Exhibit 1.]
Mrs. FEINSTEIN. I should note for the Senate that while the full text
of the amendment includes language pertinent to other nominations, such
as the Assistant Attorney General for National Security, the
substantive change to section 17 of S. Res. 400 only bears on the
sequence of responsibilities between the Armed Services and
Intelligence Committees.
I now turn to Senator Levin for his remarks.
Mr. LEVIN. I would like to express my support for the proposed
resolution which I believe will enable both of our committees to
fulfill their responsibilities for ensuring that the nominations to
head these important intelligence elements within the Department of
Defense are thoroughly considered. I thank my distinguished colleague
on the Armed Services Committee, our ranking member, Senator McCain,
and our colleagues on the Intelligence Committee for reaching this
agreement.
Exhibit 1
111th CONGRESS
1st Session
S. Res. __
Amending Senate Resolution 400 (94th Congress) to clarify the
responsibility of committees of the Senate in the provision
of the advice and consent of the Senate to nominations to
positions in the intelligence community.
__________
IN THE SENATE OF THE UNITED STATES
Mrs. Feinstein (for herself, Mr. Levin, Mr. Bond, and Mr. McCain)
submitted the following resolution; which was referred to the Committee
on __________
__________
RESOLUTION
Amending Senate Resolution 400 (94th Congress) to clarify the
responsibility of committees of the Senate in the provision
of the advice and consent of the Senate to nominations to
positions in the intelligence community.
Resolved, That section 17 of Senate Resolution 400 (94th
Congress) is amended to read as follows:
``Sec. 17. (a)(1) Except as provided in subsection (b), the
select committee shall have jurisdiction to review, hold
hearings, and report the nominations of individuals for
positions in the intelligence community for
[[Page S9450]]
which appointments are made by the President, by and with the
advice and consent of the Senate.
``(2) Except as provided in subsection (b), a committee
with jurisdiction over the department or agency of the
Executive Branch within which is a position referred to in
paragraph (1) may hold hearings and interviews with
individuals nominated for such position, but only the select
committee shall report such nomination.
``(3) In this subsection, the term `intelligence community'
means an element of the intelligence community specified in
or designated under section 3(4) of the National Security Act
of 1947.
``(b)(1) With respect to the confirmation of appointment to
the position of Assistant Attorney General for National
Security, or any successor position, the nomination of any
individual by the President to serve in such position shall
be referred to the Committee on the Judiciary and, if and
when reported, to the select committee for not to exceed 20
calendar days, except that in cases when the 20-day period
expires while the Senate is in recess, the select committee
shall have 5 additional calendar days after the Senate
reconvenes to report the nomination.
``(2)(A) With respect to the confirmation of appointment to
the position of Director of the National Geospatial-
Intelligence Agency, Director of the National Reconnaissance
Office, or Director of the National Security Agency, or any
successor position to such position, the nomination of any
individual by the President to serve in such position, who at
the time of the nomination is a member of the Armed Forces on
active duty, shall be referred to the Committee on Armed
Services, and, if and when reported, to the select committee
for not to exceed 30 calendar days, except that in cases when
the 30-day period expires while the Senate is in recess, the
select committee shall have 5 additional calendar days after
the Senate reconvenes to report the nomination.
``(B) With respect to the confirmation of appointment to
the position of Director of the National Geospatial-
Intelligence Agency, Director of the National Reconnaissance
Office, or Director of the National Security Agency, or any
successor to such position, the nomination of any individual
by the President to serve in such position, who at the time
of the nomination is not a member of the Armed Forces on
active duty, shall be referred to the select committee and,
if and when reported, to the Committee on Armed Services for
not to exceed 30 calendar days, except that in cases when the
30-day period expires while the Senate is in recess, the
Committee on Armed Services shall have an additional 5
calendar days after the Senate reconvenes to report the
nomination.
``(3) If, upon the expiration of the period of sequential
referral described in paragraphs (1) and (2), the committee
to which the nomination was sequentially referred has not
reported the nomination, the nomination shall be
automatically discharged from that committee and placed on
the Executive Calendar.''.
Mr. LEAHY. Mr. President, today the Senate will pass the amended
Intelligence Authorization Act for fiscal year 2010, S.1494. I
appreciate the commitment of Senator Feinstein, the chair of the Senate
Select Committee on Intelligence, to work with me to strengthen this
important legislation. The bill the Senate has approved recognizes the
shared jurisdiction of the Committee on the Judiciary, and the Select
Committee on Intelligence, in several legislative areas.
The first opportunity to review this legislation arose on August 5,
shortly before the Senate was scheduled to recess, and in the midst of
the debate on the confirmation of Associate Justice Sonia Sotomayor. At
that time, I recognized several provisions in the bill that fall under
the jurisdiction of the Judiciary Committee, as well as issues about
which the committee shares an interest with the Select Committee on
Intelligence. Since that time, Senator Feinstein and I, as well as our
staffs, have engaged in serious negotiations concerning these
provisions. We negotiated agreements regarding exemptions to the
Freedom of Information Act, FOIA, as well as numerous reporting
requirements, such as a significant, new requirement for the Federal
Bureau of Investigation, FBI, an agency clearly under the jurisdiction
of the Judiciary Committee, and an important new cybersecurity
oversight provision.
The amendment to the intelligence authorization bill agreed to today
identifies the Judiciary Committee as a recipient of relevant reporting
provisions, narrows the operational files FOIA exemption for
information provided by intelligence agencies to the Office of the
Director of National Intelligence, ODNI, and strikes a FOIA (b)(3)
exemption for terrorist identity information. Senator Feinstein has
told me she is also committed to ensuring that the Judiciary Committee
will receive reports required by the bill's section 340, cybersecurity
oversight. I appreciate Senator Feinstein's support for these
improvements.
The intelligence authorization bill includes several reporting
requirements that involve areas of long-standing interest and
jurisdiction of the Judiciary Committee. The amended bill ensures that
the Judiciary Committee is a recipient of those reports. Section 336 of
the bill directs the Director of National Intelligence to provide a
comprehensive report on all measures taken by the Office of the
Director of National Intelligence and by elements of the intelligence
community to comply with the provisions of applicable law,
international obligations, and executive orders relating to the
detention or interrogation activities of the intelligence community.
These include compliance with the Detainee Treatment Act of 2005; the
Military Commissions Act of 2006; common Article 3 of the Geneva
Conventions; the Convention Against Torture; Executive Order 13492,
relating to lawful interrogations; and Executive Order No. 13493,
relating to detention policy options.
The amendment to the intelligence authorization bill modifies section
336 to ensure that to the extent that the report addresses an element
of the intelligence community within the Department of Justice, it
shall be submitted, along with associated material, to the Judiciary
Committees of the House and Senate.
I fought for years to obtain information about the Bush
administration's detention and interrogation policies and practices,
and the legal advice from that administration authorizing those
policies and practices. The last administration refused to give this
information to Congress, instead issuing secret legal advice that
misconstrued our laws and international obligations with regard to the
treatment of people in our custody. Years later we found out that the
administration had sanctioned cruel interrogation techniques, including
torture. It is imperative that the Judiciary Committee be fully
informed of the extent to which the government is complying with our
laws and international treaties relating to detention and interrogation
in order to be able to conduct proper oversight and ensure that our
government cannot shield policies that authorize practices in violation
of our laws. The Judiciary Committee is an important partner in this
oversight.
Section 407 of the bill establishes a new office of inspector general
of the intelligence community to conduct independent investigations,
inspections, audits and reviews on programs and activities conducted
under the authority of the Director of National Intelligence. Under
this new authority, the inspector general is required to submit a
semiannual report to the Director of National Intelligence summarizing
its activities. The amendment incorporated into S.1494 modifies the
reporting provision to require the inspector general to submit reports
that focus on Government officials to the committees of the Senate and
the House of Representatives with jurisdiction over the department that
official represents.
Section 407 of the bill creates an entirely new inspector general
with significant authority and responsibility in the intelligence
community. That authority will implicate agencies within the
jurisdiction of the Judiciary Committee, including the Department of
Justice and components of the Department of Homeland Security. I
believe this modification to the bill provides an important recognition
of the Judiciary Committee's need to be involved in the investigations
and activities of this new inspector general.
Another significant new provision is section 445 of the bill, report
and assessment on transformation of the intelligence capabilities of
the Federal Bureau of Investigation, which creates a broad new
reporting requirement for the FBI. The Judiciary Committee has always
had primary oversight over the FBI. As the FBI takes on more
responsibility in the areas of intelligence and national security, its
policies and practices in these areas must be subject to the oversight
of Congress. The Intelligence Committees have particular expertise that
make them an important partner in this oversight. However, it is the
Judiciary Committee that has the primary legislative and oversight
responsibilities over the FBI.
I am very pleased that the amendment adopted today contains several
[[Page S9451]]
important improvements that I recommended to strengthen FOIA. I am
particularly pleased that the bill, as amended, deletes a broad and
unnecessary exemption to FOIA's disclosure requirements for terrorist
identity information.
No one would quibble with the notion that our government can--and
should--keep some information secret to protect our national security.
But, in the case of terrorist identity information, our government has
successfully withheld this sensitive information under the existing
FOIA exemptions for classified and law enforcement information. In
addition, the many instances of mistaken identities and other errors on
terrorist watchlists and ``no-fly'' lists make it clear that FOIA can
be a valuable tool to help innocent Americans redress and correct
mistakes on these lists.
Lastly, the revised bill also narrows the exemption to FOIA's search
requirements for operational files information that the Nation's
intelligence agencies share with the ODNI. The bill now makes it clear
that operational files that are already exempt from these search
requirements retain this exemption under circumstances where the files
are disseminated to the ODNI. This carefully crafted compromise will
help ensure both effective information sharing among our intelligence
agencies and the free flow of information to the American public.
I believe the amendment strengthens this legislation by recognizing
the value and significance of the shared jurisdiction in many areas of
national security between the Judiciary and Intelligence Committees. I
appreciate Senator Feinstein's cooperation in adopting these
improvements. In a letter sent to me today, Senator Feinstein has also
committed to continuing to work with the Judiciary Committee in the
area of cyber matters. I will ask to have her letter printed in the
Record.
The agreement to proceed with the intelligence authorization bill
today includes a commitment to ensure that the Judiciary Committee
receives reports required by the bill's section 340, cybersecurity
oversight. The Judiciary Committee has long engaged in oversight and
legislative activity regarding cyber threats and cybersecurity. Senator
Feinstein and I have worked together in the Judiciary Committee for
many years on these issues, and we both recognize the shared
jurisdiction and responsibilities of the Judiciary and Intelligence
Committees with regard to oversight of cyber matters and cybersecurity.
As Senator Feinstein has described it, section 340 of the bill is
intended to provide a preliminary framework for executive and
congressional oversight of cybersecurity programs, as defined in the
section, to ensure that these programs are consistent with legal
authorities, preserve reasonable expectations of privacy, and are
subject to independent audit and review. Section 340 of the bill
creates several reporting requirements with regard to the executive and
congressional oversight of cybersecurity programs. These include
Presidential notifications to Congress, reports to Congress and the
President from the head of a department or agency with responsibility
for cybersecurity programs, in conjunction with the inspector general
of that department or agency, and a joint report to Congress and the
President from the inspector general of the Department of Homeland
Security and the inspector general of the intelligence community on the
status of the sharing of cyber threat information within one year. I
look forward to continuing to work with Senator Feinstein in the
Judiciary Committee and in the Senate to ensure strong oversight and
legislation with regard to cyber matters.
I am pleased the Senate today will pass the amended Intelligence
Authorization Act for Fiscal Year 2010. The progress that Senator
Feinstein and I have made to improve this bill demonstrates the success
we can have when we work together constructively.
Mr. President. I ask unanimous consent to have the letter to which I
referred printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Select Committee on Intelligence,
Washington, DC, September 15, 2009.
Hon. Patrick Leahy,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Leahy: As you know, our staffs have been in
discussions since the beginning of recess over various
provisions of S. 1494, the Intelligence Authorization Act for
Fiscal Year 2010, ordered reported from the Committee on July
22, 2009. Among the provisions at issue is Section 340,
Cybersecurity Oversight.
Section 340 is intended to provide a preliminary framework
for executive and congressional oversight of cybersecurity
programs, as defined in the section, to ensure that these
programs are consistent with legal authorities, preserve
reasonable expectations of privacy, and are subject to
independent audit and review.
Section 340 contains several reporting requirements. One
requires the President to provide certain notifications to
Congress. In addition, the head of a department or agency
with responsibility for cybersecurity programs, in
conjunction with the inspector general of that department or
agency, is to submit to Congress and the President periodic
reports on the program. Finally, the Inspector General of the
Department of Homeland Security and the Inspector General of
the Intelligence Community are jointly to submit a report to
Congress and the President on the status of the sharing of
cyber threat information within one year.
Under the provision as reported, notifications and reports
under the section are to be submitted ``to the Congress.''
Vice Chairman Bond and I have consulted with the Senate
parliamentarian to convey our recommendations for how
referrals of notifications and reports under the section
should be made.
As we have discussed before, cybersecurity is a matter of
interest to many of the committees of the Senate. Of note is
the longstanding interest in, and jurisdiction over, cyber
matters by the Judiciary Committee. This includes but is not
necessarily limited to the cybersecurity of the Justice
Department and other departments and agencies under the
Committee's jurisdiction, privacy interests of the American
people, and legal dimensions of the government's cyber
activities. Given the Judiciary Committee's role in these
matters and the expectation that reports under Section 340
will touch on one or more of the Committee's areas of
jurisdiction, it is my strong belief that documents provided
to the Congress should be provided to the Judiciary
Committee.
In addition, should the Intelligence Committee receive
reports under this section that are within the jurisdiction
of the Judiciary Committee but that are not provided to the
Judiciary Committee, I will ensure that access to those
reports is provided to Judiciary Committee members and staff
as appropriate.
Thank you for your cooperation over this issue, and other
provisions of the intelligence legislation.
Sincerely,
Dianne Feinstein,
Chairman.
Mr. CASEY. Mr. President, I ask unanimous consent that the Feinstein-
Bond amendment, which is at the desk, be considered and agreed to and
that the motion to reconsider be laid upon the table, that the bill as
amended be read a third time, passed, that the motion to reconsider be
laid upon the table, and that any statements be printed at the
appropriate place in the Record as if read with the above occurring
without intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2422) was agreed to.
(The text of the amendment is printed in today's Record under ``Text
of Amendments.'')
The bill (S. 1494), as amended, was read the third time and passed,
as follows:
S. 1494
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2010''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Restriction on conduct of intelligence activities.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of
the Central Intelligence Agency Retirement Act.
[[Page S9452]]
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Enhanced flexibility in details to elements of the
intelligence community.
Sec. 303. Enhancement of authority of the Director of National
Intelligence for flexible personnel management among the
elements of the intelligence community.
Sec. 304. Award of rank to members of the Senior National Intelligence
Service.
Sec. 305. Annual personnel level assessments for the intelligence
community.
Sec. 306. Temporary personnel authorizations for critical language
training.
Subtitle B--Education Programs
Sec. 311. Permanent authorization for the Pat Roberts Intelligence
Scholars Program.
Sec. 312. Modifications to the Louis Stokes Educational Scholarship
Program.
Sec. 313. Intelligence officer education programs.
Sec. 314. Review and report on education programs.
Subtitle C--Acquisition Matters
Sec. 321. Vulnerability assessments of major systems.
Sec. 322. Intelligence community business system transformation.
Sec. 323. Reports on the acquisition of major systems.
Sec. 324. Excessive cost growth of major systems.
Sec. 325. Future budget projections.
Sec. 326. National Intelligence Program funded acquisitions.
Subtitle D--Congressional Oversight, Plans, and Reports
Sec. 331. General congressional oversight.
Sec. 332. Improvement of notification of Congress regarding
intelligence activities of the United States.
Sec. 333. Requirement to provide legal authority for intelligence
activities.
Sec. 334. Additional limitation on availability of funds for
intelligence and intelligence-related activities.
Sec. 335. Audits of intelligence community by Government Accountability
Office.
Sec. 336. Report on compliance with laws, international obligations,
and Executive orders on the detention and interrogation
activities of the intelligence community.
Sec. 337. Reports on national security threat posed by Guantanamo Bay
detainees.
Sec. 338. Report on retirement benefits for former employees of Air
America.
Sec. 339. Report and strategic plan on biological weapons.
Sec. 340. Cybersecurity oversight.
Sec. 341. Repeal or modification of certain reporting requirements.
Subtitle E--Other Matters
Sec. 351. Extension of authority to delete information about receipt
and disposition of foreign gifts and decorations.
Sec. 352. Modification of availability of funds for different
intelligence activities.
Sec. 353. Limitation on reprogrammings and transfers of funds.
Sec. 354. Protection of certain national security information.
Sec. 355. National Intelligence Program budget request.
Sec. 356. Improving the review authority of the Public Interest
Declassification Board.
Sec. 357. Authority to designate undercover operations to collect
foreign intelligence or counterintelligence.
Sec. 358. Correcting long-standing material weaknesses.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Accountability reviews by the Director of National
Intelligence.
Sec. 402. Authorities for intelligence information sharing.
Sec. 403. Authorities for interagency funding.
Sec. 404. Location of the Office of the Director of National
Intelligence.
Sec. 405. Additional duties of the Director of Science and Technology.
Sec. 406. Title and appointment of Chief Information Officer of the
Intelligence Community.
Sec. 407. Inspector General of the Intelligence Community.
Sec. 408. Chief Financial Officer of the Intelligence Community.
Sec. 409. Leadership and location of certain offices and officials.
Sec. 410. National Space Intelligence Office.
Sec. 411. Protection of certain files of the Office of the Director of
National Intelligence.
Sec. 412. Counterintelligence initiatives for the intelligence
community.
Sec. 413. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director of National
Intelligence.
Sec. 414. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of National
Intelligence.
Sec. 415. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 416. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 417. Misuse of the Office of the Director of National Intelligence
name, initials, or seal.
Subtitle B--Central Intelligence Agency
Sec. 421. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 422. Appeals from decisions involving contracts of the Central
Intelligence Agency.
Sec. 423. Deputy Director of the Central Intelligence Agency.
Sec. 424. Authority to authorize travel on a common carrier.
Sec. 425. Inspector General for the Central Intelligence Agency.
Sec. 426. Budget of the Inspector General for the Central Intelligence
Agency.
Sec. 427. Public availability of unclassified versions of certain
intelligence products.
Subtitle C--Defense Intelligence Components
Sec. 431. Inspector general matters.
Sec. 432. Confirmation of appointment of heads of certain components of
the intelligence community.
Sec. 433. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis and
dissemination of certain intelligence information.
Sec. 434. Defense Intelligence Agency counterintelligence and
expenditures.
Subtitle D--Other Elements
Sec. 441. Codification of additional elements of the intelligence
community.
Sec. 442. Authorization of appropriations for Coast Guard National
Tactical Integration Office.
Sec. 443. Retention and relocation bonuses for the Federal Bureau of
Investigation.
Sec. 444. Extending the authority of the Federal Bureau of
Investigation to waive mandatory retirement provisions.
Sec. 445. Report and assessments on transformation of the intelligence
capabilities of the Federal Bureau of Investigation.
TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE
Sec. 501. Reorganization of the Diplomatic Telecommunications Service
Program Office.
TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Findings.
Sec. 604. Establishment and functions of the Commission.
Sec. 605. Members and staff of the Commission.
Sec. 606. Powers and duties of the Commission.
Sec. 607. Report of the Commission.
Sec. 608. Termination.
Sec. 609. Nonapplicability of Federal Advisory Committee Act.
Sec. 610. Funding.
TITLE VII--TECHNICAL AMENDMENTS
Sec. 701. Technical amendments to the Foreign Intelligence Surveillance
Act of 1978.
Sec. 702. Technical amendments to the Central Intelligence Agency Act
of 1949.
Sec. 703. Technical amendments to title 10, United States Code.
Sec. 704. Technical amendments to the National Security Act of 1947.
Sec. 705. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 706. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 707. Technical amendments to the Executive Schedule.
Sec. 708. Technical amendments to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004.
Sec. 709. Technical amendments to section 602 of the Intelligence
Authorization Act for Fiscal Year 1995.
Sec. 710. Technical amendments to section 403 of the Intelligence
Authorization Act, Fiscal Year 1992.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
[[Page S9453]]
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2010 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The
amounts authorized to be appropriated under section 101 and,
subject to section 103, the authorized personnel levels
(expressed as full-time equivalent positions) as of September
30, 2010, for the conduct of the intelligence activities of
the elements listed in paragraphs (1) through (16) of section
101, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on
the bill __ of the One Hundred Eleventh Congress.
(b) Availability of Classified Schedule of
Authorizations.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President. The President shall provide for suitable
distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National
Intelligence may authorize the employment of civilian
personnel in excess of the number of full-time equivalent
positions for fiscal year 2010 authorized by the classified
Schedule of Authorizations referred to in section 102(a) if
the Director of National Intelligence determines that such
action is necessary to the performance of important
intelligence functions, except that the number of personnel
employed in excess of the number authorized under such
section may not, for any element of the intelligence
community, exceed 5 percent of the number of civilian
personnel authorized under such section for such element.
(b) Authority for Conversion of Activities Performed by
Contract Personnel.--
(1) In general.--In addition to the authority in subsection
(a) and subject to paragraph (2), if the head of an element
of the intelligence community makes a determination that
activities currently being performed by contract personnel
should be performed by employees of such element, the
Director of National Intelligence, in order to reduce a
comparable number of contract personnel, may authorize for
that purpose employment of additional full-time equivalent
personnel in such element equal to the number of full-time
equivalent contract personnel performing such activities.
(2) Concurrence and approval.--The authority described in
paragraph (1) may not be exercised unless the Director of
National Intelligence concurs with the determination
described in such paragraph.
(c) Treatment of Certain Personnel.--The Director of
National Intelligence shall establish guidelines that govern,
for each element of the intelligence community, the treatment
under the personnel levels authorized under section 102(a),
including any exemption from such personnel levels, of
employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(d) Notice to Congressional Intelligence Committees.--The
Director of National Intelligence shall notify the
congressional intelligence committees in writing at least 15
days prior to the initial exercise of an authority described
in subsection (a) or (b).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2010 the sum of $786,812,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2011.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 792 full-time equivalent
personnel as of September 30, 2010. Personnel serving in such
elements may be permanent employees of the Office of the
Director of National Intelligence or personnel detailed from
other elements of the United States Government.
(c) Construction of Authorities.--The authorities available
to the Director of National Intelligence under section 103
are also available to the Director for the adjustment of
personnel levels within the Intelligence Community Management
Account.
(d) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2010 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced research and development shall remain available
until September 30, 2011.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2010, there are authorized such additional full-time
equivalent personnel for the Community Management Account as
of that date as are specified in the classified Schedule of
Authorizations referred to in section 102(a).
SEC. 105. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2010 the sum of $290,900,000.
SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT
PROVISION OF THE CENTRAL INTELLIGENCE AGENCY
RETIREMENT ACT.
Subparagraph (A) of section 235(b)(1) of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2055(b)(1)) is
amended by striking ``receiving compensation under the Senior
Intelligence Service pay schedule at the rate'' and inserting
``who is at the Senior Intelligence Service rank''.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. ENHANCED FLEXIBILITY IN DETAILS TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Except as provided in section 113 of the National Security
Act of 1947 (50 U.S.C. 404h) and section 904(g)(2) of the
Counterintelligence Enhancement Act of 2002 (title IX of
Public Law 107-306; 50 U.S.C. 402c(g)(2)) and notwithstanding
any other provision of law, an officer or employee of the
United States or member of the Armed Forces may be detailed
to the staff of an element of the intelligence community
funded through the National Intelligence Program from another
element of the intelligence community or from another element
of the United States Government on a reimbursable or
nonreimbursable basis, as jointly agreed to by the head of
the receiving element and the head of the detailing element
(or the designees of such officials), for a period not to
exceed 3 years.
SEC. 303. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF
NATIONAL INTELLIGENCE FOR FLEXIBLE PERSONNEL
MANAGEMENT AMONG THE ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended by adding at the end the following
new subsections:
``(s) Authority To Establish Positions in Excepted
Service.--(1) The Director of National Intelligence may, with
the concurrence of the head of the department or agency
concerned and in coordination with the Director of the Office
of Personnel Management--
``(A) convert competitive service positions, and the
incumbents of such positions, within an element of the
intelligence community to excepted service positions as the
Director of National Intelligence determines necessary to
carry out the intelligence functions of such element; and
``(B) establish the classification and ranges of rates of
basic pay for positions so converted, notwithstanding
otherwise applicable laws governing the classification and
rates of basic pay for such positions.
``(2)(A) At the request of the Director of National
Intelligence, the head of a department or agency may
establish new positions
[[Page S9454]]
in the excepted service within an element of such department
or agency that is part of the intelligence community if the
Director determines that such positions are necessary to
carry out the intelligence functions of such element.
``(B) The Director of National Intelligence may establish
the classification and ranges of rates of basic pay for any
position established under subparagraph (A), notwithstanding
otherwise applicable laws governing the classification and
rates of basic pay for such positions.
``(3) The head of the department or agency concerned is
authorized to appoint individuals for service in positions
converted under paragraph (1) or established under paragraph
(2) without regard to the provisions of chapter 33 of title
5, United States Code, governing appointments in the
competitive service, and to fix the compensation of such
individuals within the applicable ranges of rates of basic
pay established by the Director of National Intelligence.
``(4) The maximum rate of basic pay established under this
subsection is the rate for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
``(5) Not later than 60 days prior to the date that
Director of National Intelligence will convert a position
under paragraph (1) or establish a position under paragraph
(2), the Director shall submit to the congressional
intelligence committees a notification of such conversion or
establishment.
``(t) Pay Authority for Critical Positions.--(1)
Notwithstanding any pay limitation established under any
other provision of law applicable to employees in elements of
the intelligence community, the Director of National
Intelligence may, in coordination with the Director of the
Office of Personnel Management and the Director of the Office
of Management and Budget, grant authority to fix the rate of
basic pay for 1 or more positions within the intelligence
community at a rate in excess of any applicable limitation,
subject to the provisions of this subsection. The exercise of
authority so granted is at the discretion of the head of the
department or agency employing the individual in a position
covered by such authority, subject to the provisions of this
subsection and any conditions established by the Director of
National Intelligence when granting such authority.
``(2) Authority under this subsection may be granted or
exercised only--
``(A) with respect to a position which requires an
extremely high level of expertise and is critical to
successful accomplishment of an important mission; and
``(B) to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) A rate of basic pay may not be fixed under this
subsection at a rate greater than the rate payable for level
II of the Executive Schedule under section 5313 of title 5,
United States Code, except upon written approval of the
Director of National Intelligence or as otherwise authorized
by law.
``(4) A rate of basic pay may not be fixed under this
subsection at a rate greater than the rate payable for level
I of the Executive Schedule under section 5312 of title 5,
United States Code, except upon written approval of the
President in response to a request by the Director of
National Intelligence or as otherwise authorized by law.
``(5) Any grant of authority under this subsection for a
position shall terminate at the discretion of the Director of
National Intelligence.
``(6) The Director of National Intelligence shall notify
the congressional intelligence committees within 30 days of
any grant or exercise of authority under this subsection.
``(u) Extension of Flexible Personnel Management
Authorities.--(1) Notwithstanding any other provision of law,
in order to ensure the equitable treatment of employees
across the intelligence community, the Director of National
Intelligence may, with the concurrence of the head of the
department or agency concerned, or for those matters that
fall under the responsibilities of the Office of Personnel
Management under statute or executive order, in coordination
with the Director of the Office of Personnel Management,
authorize 1 or more elements of the intelligence community to
adopt compensation authority, performance management
authority, and scholarship authority that have been
authorized for another element of the intelligence community
if the Director of National Intelligence--
``(A) determines that the adoption of such authority would
improve the management and performance of the intelligence
community; and
``(B) submits to the congressional intelligence committees,
not later than 60 days before such authority is to take
effect, notice of the adoption of such authority by such
element or elements, including the authority to be so
adopted, and an estimate of the costs associated with the
adoption of such authority.
``(2) To the extent that an existing compensation authority
within the intelligence community is limited to a particular
category of employees or a particular situation, the
authority may be adopted in another element of the
intelligence community under this subsection only for
employees in an equivalent category or in an equivalent
situation.
``(3) In this subsection, the term `compensation authority'
means authority involving basic pay (including position
classification), premium pay, awards, bonuses, incentives,
allowances, differentials, student loan repayments, and
special payments, but does not include authorities as
follows:
``(A) Authorities related to benefits such as leave,
severance pay, retirement, and insurance.
``(B) Authority to grant a rank award by the President
under section 4507, 4507a, or 3151(c) of title 5, United
States Code, or any other provision of law.
``(C) Compensation authorities and performance management
authorities provided under provisions of law relating to the
Senior Executive Service.''.
SEC. 304. AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL
INTELLIGENCE SERVICE.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1), as amended by section 303, is further amended
by adding at the end the following:
``(v) Award of Rank to Members of the Senior National
Intelligence Service.--The President, based on the
recommendations of the Director of National Intelligence, may
award ranks to members of the Senior National Intelligence
Service and other intelligence community senior civilian
officers not already covered by such a rank award program in
a manner consistent with the provisions of section 4507 of
title 5, United States Code. The award of such rank shall be
made per the direction of the Director of National
Intelligence and in a manner consistent with the provisions
of such section 4507.''.
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE
INTELLIGENCE COMMUNITY.
(a) Assessment.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by inserting after
section 506A the following new section:
``SEC. 506B. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE
INTELLIGENCE COMMUNITY.
``(a) Requirement To Provide.--The Director of National
Intelligence shall for the Office of the Director of National
Intelligence and, in consultation with the head of the
element of the intelligence community concerned, prepare an
annual personnel level assessment for such element of the
intelligence community that assesses the personnel levels for
each such element for the fiscal year following the fiscal
year in which the assessment is submitted.
``(b) Schedule.--Each assessment required by subsection (a)
shall be submitted to the congressional intelligence
committees each year along with the budget submitted by the
President under section 1105 of title 31, United States Code.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain the following
information for the element of the intelligence community
concerned:
``(1) The budget submission for personnel costs for the
upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs of the current
fiscal year.
``(3) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs during the
prior 5 fiscal years.
``(4) The number of full-time equivalent positions that is
the basis for which personnel funds are requested for the
upcoming fiscal year.
``(5) The numerical and percentage increase or decrease of
such number as compared to the number of full-time equivalent
positions of the current fiscal year.
``(6) The numerical and percentage increase or decrease of
such number as compared to the number of full-time equivalent
positions during the prior 5 fiscal years.
``(7) The best estimate of the number and costs of contract
personnel to be funded by the element for the upcoming fiscal
year.
``(8) The numerical and percentage increase or decrease of
such costs of contract personnel as compared to the best
estimate of the costs of contract personnel of the current
fiscal year.
``(9) The numerical and percentage increase or decrease of
such costs of contract personnel as compared to the cost of
contract personnel, and the number of contract personnel,
during the prior 5 fiscal years.
``(10) A justification for the requested personnel and
contract personnel levels.
``(11) The number of intelligence collectors and analysts
employed or contracted by each element of the intelligence
community.
``(12) A list of all contract personnel who have been the
subject of an investigation or review completed by the
inspector general of any element of the intelligence
community during the preceding fiscal year, or are or have
been the subject of an investigation or review by such an
inspector general during the current fiscal year.
``(13) A statement by the Director of National Intelligence
that, based on current and projected funding, the element
concerned will have sufficient--
``(A) internal infrastructure to support the requested
personnel and contract personnel levels;
``(B) training resources to support the requested personnel
levels; and
``(C) funding to support the administrative and operational
activities of the requested personnel levels.''.
(b) Applicability Date.--The first assessment required to
be submitted under section 506B(b) of the National Security
Act of 1947, as added by subsection (a), shall be submitted
with the budget for fiscal year 2011
[[Page S9455]]
submitted to Congress by the President under section 1105 of
title 31, United States Code.
(c) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 506A
the following new item:
``Sec. 506B. Annual personnel levels assessment for the intelligence
community.''.
SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR CRITICAL
LANGUAGE TRAINING.
(a) Findings.--Congress makes the following findings:
(1) In 2009, eight years after the terrorist attacks of
September 11, 2001, the intelligence community continues to
lack an adequate supply of personnel trained in critical
foreign languages.
(2) A number of elements of the intelligence community are
attempting to address that lack of supply by recruiting
applicants who can speak, read, and understand critical
foreign languages.
(3) Leaders in the intelligence community have recognized
that improved recruiting practices are only a partial
solution and that improved language training for current
intelligence community employees is also necessary.
(4) While language education and instruction provides long-
term benefits for both intelligence agencies and individual
employees, it has short-term costs for supervisors whose
staff are absent due to language training and could provide
supervisors with an incentive to resist allowing individual
employees to pursue language training.
(5) If the head of an element of the intelligence community
was able to increase the number of personnel at that element
during the period that an employee is participating in
language training, that element would not have to sacrifice
short-term priorities to address language training needs.
(6) The Director of National Intelligence is uniquely
situated to evaluate language training needs across the
intelligence community and assess whether that training would
be enhanced if elements of the intelligence community were
given temporary additional personnel authorizations.
(7) The intelligence community has a difficult time
finding, training, and providing security clearances to
native foreign language speakers who are able to serve as
translators and it would be beneficial if all elements of the
intelligence community were able to harness the capabilities
of these individuals.
(8) The Director of National Intelligence is uniquely
situated to identify translators within the intelligence
community and provide for their temporary transfer from one
element of the intelligence community to another element.
(b) Temporary Personnel Authorizations.--
(1) Authorized additional ftes.--In addition to the number
of full-time equivalent positions authorized for the Office
of the Director of National Intelligence for a fiscal year,
there is authorized for such Office for each fiscal year an
additional 100 full-time equivalent positions that may be
utilized only for the purposes described in paragraph (2).
(2) Purposes.--The Director of National Intelligence may
use a full-time equivalent position authorized under
paragraph (1) only for the purposes of providing a temporary
transfer of personnel made pursuant to the authority in
section 102A(e)(2) of the National Security Act of 1947 (50
U.S.C. 403-1(e)(2)) to an element of the intelligence
community to enable such element to increase its total
authorized number of personnel, on a temporary basis--
(A) during a period in which a permanent employee of such
element is absent to participate in critical language
training; or
(B) to accept a permanent employee of another element of
the intelligence community to provide language-capable
services a temporary basis.
(c) Inapplicability of Other Law.--Subparagraph (B) of
section 102A(e)(2) of the National Security Act of 1947 (50
U.S.C. 403-1(e)(2)) shall not apply to a transfer of
personnel authorizations made under this section.
(d) Reporting Requirements.--
(1) Report to the director of national intelligence.--An
element of the intelligence community that receives a
temporary transfer of personnel authorized under subsection
(b) shall submit to the Director of National Intelligence a
report on such transfer that includes the length of time of
the temporary transfer and which critical language need of
such element was fulfilled or partially fulfilled by the
transfer.
(2) Annual report to congress.--The Director of National
Intelligence shall submit to the congressional intelligence
committees an annual report on this section. Each such report
shall include a description of--
(A) the number of transfers of personnel made by the
Director pursuant to subsection (b), disaggregated by each
element of the intelligence community;
(B) the critical language that needs were fulfilled or
partially fulfilled through the use of such transfers; and
(C) the cost to carry out subsection (b).
Subtitle B--Education Programs
SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROBERTS
INTELLIGENCE SCHOLARS PROGRAM.
(a) In General.--Subsection (a) of section 318 of the
Intelligence Authorization Act for Fiscal Year 2004 (Public
Law 108-177; 50 U.S.C. 441g note) is amended--
(1) in the heading, by striking ``Pilot Program'' and
inserting ``In General'';
(2) in paragraph (1)--
(A) by striking ``pilot''; and
(B) by inserting ``, acquisition, scientific, and
technical, or other'' after ``analytic'' in both places that
term appears;
(3) in paragraph (2), by striking ``pilot''; and
(4) in paragraph (3), by striking ``pilot''.
(b) Elements.--Subsection (b) of section 318 of the
Intelligence Authorization Act for Fiscal Year 2004 (Public
Law 108-177; 50 U.S.C. 411g note) is amended--
(1) in the matter preceding paragraph (1), by striking
``pilot'';
(2) in paragraph (1), by striking ``analysts'' and
inserting ``professionals''; and
(3) in paragraph (2), by inserting ``, acquisition,
scientific, and technical, or other'' after ``analytic''.
(c) Permanent Authorization.--Section 318 of the
Intelligence Authorization Act for Fiscal Year 2004 (Public
Law 108-177; 50 U.S.C. 411g note) is amended by striking
subsections (c), (d), (e), (f), and (g).
(d) Use of Funds.--Section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177;
50 U.S.C. 411g note), as amended by subsection (c), is
further amended by adding at the end the following:
``(c) Use of Funds.--Funds made available for the program
may be used for the following purposes:
``(1) To provide a monthly stipend for each month that the
individual is pursing a course of study described in
subsection (a).
``(2) To pay such individual's full tuition to permit the
individual to complete such a course of study.
``(3) To provide an allowance for books and materials that
such individual requires to complete such a course of study.
``(4) To pay such individual's expenses for travel as
requested by an element of the intelligence community related
to the program.''.
(e) Conforming Amendments.--
(1) Section heading.--The section heading of section 318 of
the Intelligence Authorization Act for Fiscal Year 2004
(Public Law 108-177; 117 Stat. 2613) is amended to read as
follows:
``SEC. 318. PAT ROBERTS INTELLIGENCE SCHOLARS PROGRAM.''.
(2) Table of contents.--The table of contents in section
1(b) of the Intelligence Authorization Act for Fiscal Year
2004 (Public Law 108-177; 117 Stat. 2599) is amended by
striking the item relating to section 318 and inserting the
following:
``Sec. 318. Pat Roberts Intelligence Scholars Program.''.
SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDUCATIONAL
SCHOLARSHIP PROGRAM.
(a) Expansion of the Louis Stokes Educational Scholarship
Program to Graduate Students.--Section 16 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended--
(1) in subsection (a)--
(A) by inserting ``and graduate'' after ``undergraduate'';
and
(B) by striking ``the baccalaureate'' and inserting ``a
baccalaureate or graduate'';
(2) in subsection (b), by inserting ``or graduate'' after
``undergraduate'';
(3) in subsection (e)(2), by inserting ``and graduate''
after ``undergraduate''; and
(4) by adding at the end ``Such program shall be known as
the Louis Stokes Educational Scholarship Program.''.
(b) Authority for Participation by Individuals Who Are Not
Employed by the Federal Government.--
(1) In general.--Subsection (b) of section 16 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note), as
amended by subsection (a)(2), is further amended by striking
``civilian employees'' and inserting ``civilians who may or
may not be employees''.
(2) Replacement of the term ``employee''.--Section 16 of
the National Security Agency Act of 1959 (50 U.S.C. 402
note), as amended by subsection (a), is further amended--
(A) in subsection (c), by striking ``employees'' and
inserting ``program participants'';
(B) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), strike ``an
employee of the Agency'' and insert ``a program
participant'';
(II) in subparagraph (A), by striking ``employee'' and
inserting ``program participant'';
(III) in subparagraph (C)--
(aa) by striking ``employee'' each place that term appears
and inserting ``program participant''; and
(bb) by striking ``employee's'' each place that term
appears and inserting ``program participant's''; and
(IV) in subparagraph (D)--
(aa) by striking ``employee'' each place that term appears
and inserting ``program participant''; and
(bb) by striking ``employee's'' each place that term
appears and inserting ``program participant's''; and
(ii) in paragraph (3)(C)--
(I) by striking ``employee'' both places that term appears
and inserting ``program participant''; and
(II) by striking ``employee's'' and inserting ``program
participant's''; and
[[Page S9456]]
(C) in subsection (e)(1), by striking ``employee'' and
inserting ``program participant''.
(c) Termination of Program Participants.--Subsection
(d)(1)(C) of section 16 of the National Security Agency Act
of 1959 (50 U.S.C. 402 note), as amended by subsection
(b)(2)(B)(i)(III), is further amended by striking
``terminated'' and all that follows and inserting
``terminated--
``(i) by the Agency due to misconduct by the program
participant;
``(ii) by the program participant voluntarily; or
``(iii) by the Agency for the failure of the program
participant to maintain such level of academic standing in
the educational course of training as the Director of the
National Security Agency shall have specified in the
agreement of the program participant under this subsection;
and''.
(d) Authority To Withhold Disclosure of Affiliation With
NSA.--Subsection (e) of Section 16 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note) is amended by
striking ``(1) When an employee'' and all that follows
through ``(2) Agency efforts'' and inserting ``Agency
efforts''.
(e) Authority of Elements of the Intelligence Community to
Establish a Stokes Educational Scholarship Program.--Section
102A of the National Security Act of 1947 (50 U.S.C. 403-1),
as amended by sections 303 and 304, is further amended by
adding at the end the following new subsection:
``(w) Educational Scholarship Program.--The head of a
department or agency containing an element of the
intelligence community may establish an undergraduate or
graduate training program with respect to civilian employees
and prospective civilian employees of such element similar in
purpose, conditions, content, and administration to the
program which the Secretary of Defense is authorized to
establish under section 16 of the National Security Agency
Act of 1959 (50 U.S.C. 402 note) for civilian employees of
the National Security Agency.''.
SEC. 313. INTELLIGENCE OFFICER EDUCATION PROGRAMS.
(a) Authority.--The Director may carry out, or may
authorize the head of an element of the intelligence
community to carry out, programs in accordance with this
section for the purposes described in subsection (c).
(b) Definitions.--In this section:
(1) Director.--The term ``Director'' means ``the Director
of National Intelligence''.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(c) Purposes.--The purpose of a program carried out under
this section shall be--
(1) to encourage the preparation, recruitment, and
retention of civilian intelligence community personnel who
posses language, analytic, scientific, technical, or other
skills necessary to meet the needs of the intelligence
community, as identified by the Director; and
(2) to enhance recruitment and retention of an ethnically
and culturally diverse workforce for the intelligence
community with capabilities critical to the national security
interests of the United States.
(d) Authorized Programs.--The programs authorized under
this section are as follows:
(1) Grants to individuals.--A program carried out in
accordance with subsection (e) to provide financial aid to an
individual to pursue a program at an institution of higher
education in language, analysis, science, technical fields,
or other skills necessary to meet the needs of the
intelligence community, as identified by the Director.
(2) Grants to institutions of higher education.--A program
carried out in accordance with subsection (f) to provide a
grant to an institution of higher education to develop a
program of study in an area of study referred to paragraph
(1).
(e) Grants to Individuals.--
(1) In general.--The Director, or the head of an element of
the intelligence community authorized by the Director under
subsection (a), may award a grant to an individual who is
pursuing an associate, baccalaureate, advanced degree, or
certification in an area of study referred to in subsection
(c)(1) at an institution of higher education.
(2) Use or funds.--A grant awarded to an individual under
this section to enroll in a program at an institution of
higher education may be used--
(A) to pay the tuition, fees, and other costs of such
program;
(B) to pay the living expenses of the individual during the
time the individual is enrolled in such program; or
(C) to support internship activities of the individual
within the intelligence community during the academic year or
periods between academic years in which the individual is
enrolled in such program.
(3) Administration of grants.--A grant of financial aid to
an individual under this section shall be administered
through--
(A) the Pat Roberts Intelligence Scholars Program carried
out under section 318 of the Intelligence Authorization Act
for Fiscal Year 2004 (50 U.S.C. 441g note); or
(B) the Louis Stokes Educational Scholarship Program
carried out under section 16 of the National Security Agency
Act of 1959 (50 U.S.C. 402 note).
(4) Selection.--In selecting an individual to receive a
grant under this section to enroll in a program at an
institution of higher education, the Director or head of an
element of the intelligence community, as appropriate, shall
consider whether such institution has been awarded a grant
under this section.
(5) Authority for screening.--The Director is authorized to
screen and qualify each individual selected to receive a
grant under this section for the appropriate security
clearance without regard to the date that the employment
relationship between the individual and an element of the
intelligence community is formed, or whether it is ever
formed.
(f) Grants to Institutions of Higher Education.--
(1) In general.--The Director may award a grant to an
institution of higher education to support the establishment,
continued development, improvement, or administration of a
program of study referred to in subsection (c)(1) at such
institution.
(2) Use of funds.--A grant awarded to an institution of
higher education under this section may be used for the
following:
(A) Curriculum or program development.
(B) Faculty development.
(C) Laboratory equipment or improvements.
(D) Faculty research in language, analysis, science,
technical, or other fields that meet current or emerging
needs of the intelligence community as identified by the
Director of National Intelligence.
(3) Reports.--An institution of higher education awarded a
grant under this section shall submit to the Director regular
reports regarding the use of such grant, including--
(A) a description of the benefits to students who
participate in the course of study funded by such grant;
(B) a description of the results and accomplishments
related to such course of study; and
(C) any other information that the Director may require.
(g) Application.--An individual or an institution of higher
education seeking a grant under this section shall submit an
application to the Director describing the proposed use of
the grant at such time and in such manner as the Director may
require.
(h) Regulations.--The Director shall prescribe such
regulations as are necessary to carry out this section.
(i) Repeal of Prior Programs.--
(1) In general.--The following provisions are repealed:
(A) Section 319 of Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 50 U.S.C. 403 note).
(B) Section 1003 of the National Security Act of 1947 (50
U.S.C. 441g-2).
(C) Section 922 of Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
50 U.S.C. 402 note).
(2) Effect on prior agreements.--An agreement, contract, or
employment relationship that was in effect pursuant to a
provision repealed by subparagraph (A), (B), or (C) of
paragraph (1) prior to the date of the enactment of this Act
shall remain in effect unless all parties mutually agree to
amend, modify, or abrogate such agreement, contract, or
relationship.
(3) Table of contents amendments.--
(A) Intelligence authorization act for fiscal year 2004.--
The Intelligence Authorization Act for Fiscal Year 2004 is
amended in the table of contents in section 1(b), by striking
the item relating to section 319.
(B) Ronald w. reagan national defense authorization act for
fiscal year 2005.--The Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 1811) is amended--
(i) in the table of contents in section 2(b), by striking
the item relating to section 922; and
(ii) in title IV in the table of contents preceding
subtitle A, by striking the item relating to section 922.
(j) Effect of Other Law.--The Director shall administer the
Intelligence Officer Training Program pursuant to the
provisions of chapter 63 of title 31, United States Code and
chapter 75 of such title, except that the Comptroller General
of the United States shall have no authority, duty, or
responsibility in matters related to this program.
SEC. 314. REVIEW AND REPORT ON EDUCATION PROGRAMS.
(a) Review.--
(1) Requirement for review.--The Director of National
Intelligence shall review the programs described in paragraph
(2) to determine if such programs--
(A) meet the needs of the intelligence community to
prepare, recruit, and retain a skilled and diverse workforce;
(B) should be combined or otherwise integrated; and
(C) constitute all the education programs carried out by
the Director of National Intelligence or the head of an
element of the intelligence community and, if not, whether
other such educational programs could be combined or
otherwise integrated with the programs described in paragraph
(2).
(2) Programs described.--The programs described in this
paragraph are the following:
(A) The Pat Roberts Intelligence Scholars Program carried
out under section 318 of the Intelligence Authorization Act
for Fiscal Year 2004 (50 U.S.C. 441g note), as amended by
section 311.
(B) The Louis Stokes Educational Scholarship Program
carried out section 16 of the National Security Agency Act of
1959 (50 U.S.C. 402 note), as amended by section 312.
(C) The education grant programs carried out under section
313.
[[Page S9457]]
(D) Any other program that provides for education or
training of personnel of an element of the intelligence
community.
(b) Report.--Not later than February 1, 2010, the Director
of National Intelligence shall submit to the congressional
intelligence committees a report on the results of the review
required by subsection (a).
Subtitle C--Acquisition Matters
SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.
(a) Vulnerability Assessments of Major Systems.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 305 of
this Act, is further amended by inserting after section 506B,
as added by section 305(a), the following new section:
``vulnerability assessments of major systems
``Sec. 506C. (a) Initial Vulnerability Assessments.--
``(1) Requirement for initial vulnerability assessments.--
The Director of National Intelligence shall conduct an
initial vulnerability assessment for any major system and its
significant items of supply that is proposed for inclusion in
the National Intelligence Program prior to completion of
Milestone B or an equivalent acquisition decision. The
initial vulnerability assessment of a major system and its
significant items of supply shall include use of an analysis-
based approach to--
``(A) identify vulnerabilities;
``(B) define exploitation potential;
``(C) examine the system's potential effectiveness;
``(D) determine overall vulnerability; and
``(E) make recommendations for risk reduction.
``(2) Limitation on obligation of funds.--For any major
system for which an initial vulnerability assessment is
required under paragraph (1) on the date of the enactment of
the Intelligence Authorization Act for Fiscal Year 2010, such
assessment shall be submitted to the congressional
intelligence committees within 180 days of such date of
enactment. If such assessment is not submitted to the
congressional intelligence committees within 180 days of such
date of enactment, funds appropriated for the acquisition of
the major system may not be obligated for a major contract
related to the major system. Such prohibition on the
obligation of funds for the acquisition of the major system
shall cease to apply at the end of the 30-day period of a
continuous session of Congress that begins on the date on
which Congress receives the initial vulnerability assessment.
``(b) Subsequent Vulnerability Assessments.--(1) The
Director of National Intelligence shall, periodically
throughout the life span of a major system or if the Director
determines that a change in circumstances warrants the
issuance of a subsequent vulnerability assessment, conduct a
subsequent vulnerability assessment of each major system and
its significant items of supply within the National
Intelligence Program.
``(2) Upon the request of a congressional intelligence
committee, the Director of National Intelligence may conduct
a subsequent vulnerability assessment of a particular major
system and its significant items of supply within the
National Intelligence Program.
``(3) Any subsequent vulnerability assessment of a major
system and its significant items of supply shall include use
of an analysis-based approach and, if applicable, a testing-
based approach, to monitor the exploitation potential of such
system and reexamine the factors described in subparagraphs
(A) through (E) of subsection (a)(1).
``(c) Major System Management.--The Director of National
Intelligence shall give due consideration to the
vulnerability assessments prepared for a given major system
when developing and determining the National Intelligence
Program budget.
``(d) Congressional Oversight.--(1) The Director of
National Intelligence shall provide to the congressional
intelligence committees a copy of each vulnerability
assessment conducted under subsection (a) or (b) not later
than 10 days after the date of the completion of such
assessment.
``(2) The Director of National Intelligence shall provide
the congressional intelligence committees with a proposed
schedule for subsequent vulnerability assessments of a major
system under subsection (b) when providing such committees
with the initial vulnerability assessment under subsection
(a) of such system as required by paragraph (1).
``(e) Definitions.--In this section:
``(1) The term `items of supply'--
``(A) means any individual part, component, subassembly,
assembly, or subsystem integral to a major system, and other
property which may be replaced during the service life of the
major system, including spare parts and replenishment parts;
and
``(B) does not include packaging or labeling associated
with shipment or identification of items.
``(2) The term `major system' has the meaning given that
term in section 506A(e).
``(3) The term `Milestone B' means a decision to enter into
system development and demonstration pursuant to guidance
prescribed by the Director of National Intelligence.
``(4) The term `vulnerability assessment' means the process
of identifying and quantifying vulnerabilities in a major
system and its significant items of supply.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 305 of this Act, is further amended by
inserting after the item relating to section 506B, as added
by section 305(b), the following:
``Sec. 506C. Vulnerability assessments of major systems.''.
(b) Definition of Major System.--Paragraph (3) of section
506A(e) of the National Security Act of 1947 (50 U.S.C. 415a-
1(e)) is amended to read as follows:
``(3) The term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).''.
SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM
TRANSFORMATION.
(a) Intelligence Community Business System
Transformation.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 305 and
321 of this Act, is further amended by inserting after
section 506C, as added by section 321(a), the following new
section:
``intelligence community business system transformation
``Sec. 506D. (a) Limitation on Obligation of Funds.--(1)
After February 1, 2010, no funds appropriated to any element
of the intelligence community may be obligated for an
intelligence community business system transformation that
will have a total cost in excess of $1,000,000 unless--
``(A) the approval authority designated by the Director of
National Intelligence under subsection (c)(2) makes the
certification described in paragraph (2) with respect to the
intelligence community business system transformation; and
``(B) the certification is approved by the appropriate
authorities within the intelligence community business system
transformation governance structure identified in subsection
(f).
``(2) The certification described in this paragraph for an
intelligence community business system transformation is a
certification, made by the approval authority designated by
the Director under subsection (c)(2) that the intelligence
community business system transformation--
``(A) complies with the enterprise architecture under
subsection (b) and other Director of National Intelligence
policy and standards; or
``(B) is necessary--
``(i) to achieve a critical national security capability or
address a critical requirement in an area such as safety or
security; or
``(ii) to prevent a significant adverse effect on a project
that is needed to achieve an essential capability, taking
into consideration the alternative solutions for preventing
such adverse effect.
``(b) Enterprise Architecture for Intelligence Community
Business Systems.--(1) The Director of National Intelligence
shall, acting through the intelligence community business
system transformation governance structure identified in
subsection (f), develop and implement an enterprise
architecture to cover all intelligence community business
systems, and the functions and activities supported by such
business systems. The enterprise architecture shall be
sufficiently defined to effectively guide, constrain, and
permit implementation of interoperable intelligence community
business system solutions, consistent with applicable
policies and procedures established by the Director of the
Office of Management and Budget.
``(2) The enterprise architecture under paragraph (1) shall
include the following--
``(A) An information infrastructure that, at a minimum,
will enable the intelligence community to--
``(i) comply with all Federal accounting, financial
management, and reporting requirements;
``(ii) routinely produce timely, accurate, and reliable
financial information for management purposes;
``(iii) integrate budget, accounting, and program
information and systems; and
``(iv) provide for the measurement of performance,
including the ability to produce timely, relevant, and
reliable cost information.
``(B) Policies, procedures, data standards, and system
interface requirements that apply uniformly throughout the
intelligence community.
``(c) Responsibilities for Intelligence Community Business
System Transformation.--(1) The Director of National
Intelligence shall be responsible for the entire life cycle
of an intelligence community business system transformation,
to include review, approval, and oversight of the planning,
design, acquisition, deployment, operation, and maintenance
of the business system transformation.
``(2) The Director shall designate one or more appropriate
officials of the intelligence community to be responsible for
making certifications with respect to intelligence community
business system transformation under subsection (a)(2).
``(d) Intelligence Community Business System Investment
Review.--(1) The approval authority designated under
subsection (c)(2) shall establish and implement, not later
than February 1, 2010, an investment review process for the
intelligence community business systems for which the
approval authority is responsible.
``(2) The investment review process under paragraph (1)
shall--
``(A) meet the requirements of section 11312 of title 40,
United States Code; and
[[Page S9458]]
``(B) specifically set forth the responsibilities of the
approval authority under such review process.
``(3) The investment review process under paragraph (1)
shall include the following elements:
``(A) Review and approval by an investment review board
(consisting of appropriate representatives of the
intelligence community) of each intelligence community
business system as an investment before the obligation of
funds for such system.
``(B) Periodic review, but not less often than annually, of
every intelligence community business system investment.
``(C) Thresholds for levels of review to ensure appropriate
review of intelligence community business system investments
depending on the scope, complexity, and cost of the system
involved.
``(D) Procedures for making certifications in accordance
with the requirements of subsection (a)(2).
``(e) Budget Information.--For each fiscal year after
fiscal year 2011, the Director of National Intelligence shall
include in the materials the Director submits to Congress in
support of the budget for such fiscal year that is submitted
to Congress under section 1105 of title 31, United States
Code, the following information:
``(1) An identification of each intelligence community
business system for which funding is proposed in such budget.
``(2) An identification of all funds, by appropriation,
proposed in such budget for each such system, including--
``(A) funds for current services to operate and maintain
such system;
``(B) funds for business systems modernization identified
for each specific appropriation; and
``(C) funds for associated business process improvement or
reengineering efforts.
``(3) For each such system, identification of approval
authority designated for such system under subsection (c)(2).
``(4) The certification, if any, made under subsection
(a)(2) with respect to each such system.
``(f) Intelligence Community Business System Transformation
Governance Board.--
``(1) The Director of National Intelligence shall establish
a board within the intelligence community business system
transformation governance structure (in this subsection
referred to as the `Board').
``(2) The Board shall--
``(A) recommend to the Director policies and procedures
necessary to effectively integrate all business activities
and any transformation, reform, reorganization, or process
improvement initiatives under taken within the intelligence
community;
``(B) review and approve any major update of--
``(i) the enterprise architecture developed under
subsection (b); and
``(ii) any plans for an intelligence community business
systems modernization;
``(C) manage cross-domain integration consistent with such
enterprise architecture;
``(D) be responsible for coordinating initiatives for
intelligence community business system transformation to
maximize benefits and minimize costs for the intelligence
community, and periodically report to the Director on the
status of efforts to carry out an intelligence community
business system transformation;
``(E) ensure that funds are obligated for intelligence
community business system transformation in a manner
consistent with subsection (a); and
``(F) carry out such other duties as the Director shall
specify.
``(g) Relation to Annual Registration Requirements.--
Nothing in this section shall be construed to alter the
requirements of section 8083 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 989),
with regard to information technology systems (as defined in
subsection (d) of such section).
``(h) Relationship to Defense Business Enterprise
Architecture.--Nothing in this section, or the amendments
made by this section, shall be construed to exempt funds
authorized to be appropriated to the Department of Defense
from the requirements of section 2222 of title 10, United
States Code, to the extent that such requirements are
otherwise applicable.
``(i) Relation to Clinger-Cohen Act.--(1) Executive agency
responsibilities in chapter 113 of title 40, United States
Code, for any intelligence community business system
transformation shall be exercised jointly by--
``(A) the Director of National Intelligence and the Chief
Information Officer of the Intelligence Community; and
``(B) the head of the executive agency that contains the
element of the intelligence community involved and the chief
information officer of that executive agency.
``(2) The Director of National Intelligence and the head of
the executive agency shall enter a Memorandum of
Understanding to carry out the requirements of this section
in a manner that best meets the needs of the intelligence
community and the executive agency.
``(j) Reports.--Not later than March 15 of each of the
years 2011 through 2015, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the compliance of the intelligence
community with the requirements of this section. Each such
report shall--
``(1) describe actions taken and proposed for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance against
specified performance measures, and any revision of such
milestones and performance measures; and
``(B) specific actions on the intelligence community
business system transformations submitted for certification
under such subsection; and
``(2) identify the number of intelligence community
business system transformations that received a certification
described in subsection (a)(2)(B); and
``(3) describe specific improvements in business operations
and cost savings resulting from successful intelligence
community business systems transformation efforts.
``(k) Definitions.--In this section:
``(1) Enterprise architecture.--The term `enterprise
architecture' has the meaning given that term in section
3601(4) of title 44, United States Code.
``(2) Information system; information technology.--The
terms `information system' and `information technology' have
the meanings given those terms in section 11101 of title 40,
United States Code.
``(3) Intelligence community business system.--The term
`intelligence community business system' means an information
system, including national security systems, that are
operated by, for, or on behalf of the intelligence community
or elements of the intelligence community as defined by law
and Executive Order, including financial systems, mixed
systems, financial data feeder systems, and the business
infrastructure capabilities shared by the systems of the
business enterprise architecture, including people, process,
and technology, that build upon the core infrastructure used
to support business activities, such as acquisition,
financial management, logistics, strategic planning and
budgeting, installations and environment, and human resource
management.
``(4) Intelligence community business system
transformation.--The term `intelligence community business
system transformation' means--
``(A) the acquisition or development of a new intelligence
community business system; or
``(B) any significant modification or enhancement of an
existing intelligence community business system (other than
necessary to maintain current services).
``(5) National security system.--The term `national
security system' has the meaning given that term in section
3542 of title 44, United States Code.''.
(2) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by sections 305 and
321 of this Act, is further amended by inserting after the
item relating to section 506C, as added by section 321(a)(2),
the following new item:
``Sec. 506D. Intelligence community business systems transformation.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(A) complete the delegation of responsibility for the
review, approval, and oversight of intelligence community
business systems required by subsection (c) of section 506D
of the National Security Act of 1947 (as added by subsection
(a)); and
(B) designate a chairman and personnel to serve on the
appropriate intelligence community business system
transformation governance board established under subsection
(f) of such section 506D (as so added).
(2) Enterprise architecture.--
(A) Schedule for development.--The Director shall develop
the enterprise architecture required by subsection (b) of
such section 506D (as so added) to include the initial
Business Enterprise Architecture for business transformation
by December 31, 2009.
(B) Requirement for implementation plan.--In developing
such an enterprise architecture, the Director shall develop
an implementation plan for such enterprise architecture that
includes the following:
(i) An acquisition strategy for new systems that are
expected to be needed to complete such enterprise
architecture, including specific time-phased milestones,
performance metrics, and a statement of the financial and
nonfinancial resource needs.
(ii) An identification of the intelligence community
business systems in operation or planned as of September 30,
2009, that will not be a part of such enterprise
architecture, together with the schedule for the phased
termination of the utilization of any such systems.
(iii) An identification of the intelligence community
business systems in operation or planned as of September 30,
2009, that will be a part of such enterprise architecture,
together with a strategy for modifying such systems to ensure
that such systems comply with such enterprise architecture.
(C) Submission of acquisition strategy.--Based on the
results of an enterprise process management review and the
availability of funds, the Director shall submit the
acquisition strategy described in subparagraph (B)(i) to the
congressional intelligence committees not later than December
31, 2009.
SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
(a) Reports.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 305,
321, and 322 of this Act, is further amended by inserting
after
[[Page S9459]]
section 506D, as added by section 322(a)(1), the following
new section:
``reports on the acquisition of major systems
``Sec. 506E. (a) Annual Reports Required.--(1) The
Director of National Intelligence shall submit to the
congressional intelligence committees each year, at the same
time the budget of the President for the fiscal year
beginning in such year is submitted to Congress pursuant to
section 1105 of title 31, United States Code, a separate
report on each acquisition of a major system by an element of
the intelligence community.
``(2) Each report under this section shall be known as a
`Report on the Acquisition of Major Systems'.
``(b) Elements.--Each report under this section shall
include, for the acquisition of a major system, information
on the following:
``(1) The current total acquisition cost for such system,
and the history of such cost from the date the system was
first included in a report under this section to the end of
the fiscal year immediately preceding the submission of the
report under this section.
``(2) The current development schedule for the system,
including an estimate of annual development costs until
development is completed.
``(3) The planned procurement schedule for the system,
including the best estimate of the Director of National
Intelligence of the annual costs and units to be procured
until procurement is completed.
``(4) A full life-cycle cost analysis for such system.
``(5) The result of any significant test and evaluation of
such major system as of the date of the submission of such
report, or, if a significant test and evaluation has not been
conducted, a statement of the reasons therefor and the
results of any other test and evaluation that has been
conducted of such system.
``(6) The reasons for any change in acquisition cost, or
schedule, for such system from the previous report under this
section, if applicable.
``(7) The major contracts or subcontracts related to the
major system.
``(8) If there is any cost or schedule variance under a
contract referred to in paragraph (7) since the previous
report under this section, the reasons for such cost or
schedule variance.
``(c) Determination of Increase in Costs.--Any
determination of a percentage increase in the acquisition
costs of a major system for which a report is filed under
this section shall be stated in terms of constant dollars
from the first fiscal year in which funds are appropriated
for such contract.
``(d) Submission to the Congressional Armed Services
Committees.--To the extent that the report required by
subsection (a) addresses an element of the intelligence
community within the Department of Defense, the Director of
National Intelligence shall submit that portion of the
report, and any associated material that is necessary to make
that portion understandable, to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives.
``(e) Definitions.--In this section:
``(1) The term `acquisition cost', with respect to a major
system, means the amount equal to the total cost for
development and procurement of, and system-specific
construction for, such system.
``(2) The term `full life-cycle cost', with respect to the
acquisition of a major system, means all costs of
development, procurement, construction, deployment, and
operation and support for such program, without regard to
funding source or management control, including costs of
development and procurement required to support or utilize
such system.
``(3) The term `major contract,' with respect to a major
system acquisition, means each of the 6 largest prime,
associate, or government-furnished equipment contracts under
the program that is in excess of $40,000,000 and that is not
a firm, fixed price contract.
``(4) The term `major system' has the meaning given that
term in section 506A(e).
``(5) The term `significant test and evaluation' means the
functional or environmental testing of a major system or of
the subsystems that combine to create a major system.''.
(2) Applicability date.--The first report required to be
submitted under section 506E(a) of the National Security Act
of 1947, as added by paragraph (1), shall be submitted with
the budget for fiscal year 2011 submitted by the President
under section 1105 of title 31, United States Code.
(3) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by sections 305,
321, and 322 of this Act, is further amended by inserting
after the item relating to section 506D, as added by section
322(a)(2), the following new item:
``Sec. 506E. Reports on the acquisition of major systems.''.
(b) Major Defense Acquisition Programs.--Nothing in this
section, section 324, or an amendment made by this section or
section 324, shall be construed to exempt an acquisition
program of the Department of Defense from the requirements of
chapter 144 of title 10, United States Code or Department of
Defense Directive 5000, to the extent that such requirements
are otherwise applicable.
SEC. 324. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.
(a) Notification.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 305,
321, 322, and 323 of this Act, is further amended by
inserting after section 506E, as added by section 323(a), the
following new section:
``excessive cost growth of major systems
``Sec. 506F. (a) Cost Increases of at Least 25 Percent.--
(1)(A) On a continuing basis, and separate from the
submission of any report on a major system required by
section 506E of this Act, the program manager shall determine
if the acquisition cost of such major system has increased by
at least 25 percent as compared to the baseline cost of such
major system.
``(B) Not later than 10 days after the date that a program
manager determines that an increase described in subparagraph
(A) has occurred, the program manager shall submit to the
Director of National Intelligence notification of such
increase.
``(2)(A) If, after receiving a notification described in
paragraph (1)(B), the Director of National Intelligence
determines that the acquisition cost of a major system has
increased by at least 25 percent, the Director shall submit
to the congressional intelligence committees a written
notification of such determination as described in
subparagraph (B), a description of the amount of the increase
in the acquisition cost of such major system, and a
certification as described in subparagraph (C).
``(B) The notification required by subparagraph (A) shall
include--
``(i) an updated cost estimate;
``(ii) the date on which the determination covered by such
notification was made;
``(iii) contract performance assessment information with
respect to each significant contract or sub-contract related
to such major system, including the name of the contractor,
the phase of the contract at the time of the report, the
percentage of work under the contract that has been
completed, any change in contract cost, the percentage by
which the contract is currently ahead or behind schedule, and
a summary explanation of significant occurrences, such as
cost and schedule variances, and the effect of such
occurrences on future costs and schedules;
``(iv) the prior estimate of the full life-cycle cost for
such major system, expressed in constant dollars and in
current year dollars;
``(v) the current estimated full life-cycle cost of such
major system, expressed in constant dollars and current year
dollars;
``(vi) a statement of the reasons for any increases in the
full life-cycle cost of such major system;
``(vii) the current change and the total change, in dollars
and expressed as a percentage, in the full life-cycle cost
applicable to such major system, stated both in constant
dollars and current year dollars;
``(viii) the completion status of such major system
expressed as the percentage--
``(I) of the total number of years for which funds have
been appropriated for such major system compared to the
number of years for which it is planned that such funds will
be appropriated; and
``(II) of the amount of funds that have been appropriated
for such major system compared to the total amount of such
funds which it is planned will be appropriated;
``(ix) the action taken and proposed to be taken to control
future cost growth of such major system; and
``(x) any changes made in the performance or schedule of
such major system and the extent to which such changes have
contributed to the increase in full life-cycle costs of such
major system.
``(C) The certification described in this subparagraph is a
written certification made by the Director and submitted to
the congressional intelligence committees that--
``(i) the acquisition of such major system is essential to
the national security;
``(ii) there are no alternatives to such major system that
will provide equal or greater intelligence capability at
equal or lesser cost to completion;
``(iii) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(iv) the management structure for the acquisition of such
major system is adequate to manage and control full life-
cycle cost of such major system.
``(b) Cost Increases of at Least 50 Percent.--(1)(A) On a
continuing basis, and separate from the submission of any
report on a major system required by section 506E of this
Act, the program manager shall determine if the acquisition
cost of such major system has increased by at least 50
percent as compared to the baseline cost of such major
system.
``(B) Not later than 10 days after the date that a program
manager determines that an increase described in subparagraph
(A) has occurred, the program manager shall submit to the
Director of National Intelligence notification of such
increase.
``(2) If, after receiving a notification described in
paragraph (1)(B), the Director of National Intelligence
determines that the acquisition cost of a major system has
increased by at least 50 percent as compared to the baseline
cost of such major system, the Director shall submit to the
congressional intelligence committees a written certification
stating that--
``(A) the acquisition of such major system is essential to
the national security;
``(B) there are no alternatives to such major system that
will provide equal or
[[Page S9460]]
greater intelligence capability at equal or lesser cost to
completion;
``(C) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(D) the management structure for the acquisition of such
major system is adequate to manage and control the full life-
cycle cost of such major system.
``(3) In addition to the certification required by
paragraph (2), the Director of National Intelligence shall
submit to the congressional intelligence committees an
updated notification, with current accompanying information,
as required by subsection (a)(2).
``(c) Prohibition on Obligation of Funds.--(1) If a written
certification required under subsection (a)(2)(A) is not
submitted to the congressional intelligence committees within
90 days of the notification made under subsection (a)(1)(B),
funds appropriated for the acquisition of a major system may
not be obligated for a major contract under the program. Such
prohibition on the obligation of funds shall cease to apply
at the end of the 30-day period of a continuous session of
Congress that begins on the date on which Congress receives
the notification required under subsection (a)(2).
``(2) If a written certification required under subsection
(b)(2) is not submitted to the congressional intelligence
committees within 90 days of the notification made under
subsection (b)(1)(B), funds appropriated for the acquisition
of a major system may not be obligated for a major contract
under the program. Such prohibition on the obligation of
funds for the acquisition of a major system shall cease to
apply at the end of the 30-day period of a continuous session
of Congress that begins on the date on which Congress
receives the notification required under subsection (b)(3).
``(d) Initial Certifications.--Notwithstanding subsection
(c), for any major system for which a written certification
is required under either subsection (a)(2) or (b)(2) on the
date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2010, such written certification shall be
submitted to the congressional intelligence committees within
180 days of such date of enactment. If such written
certification is not submitted to the congressional
intelligence committees within 180 days of such date of
enactment, funds appropriated for the acquisition of a major
system may not be obligated for a major contract under the
program. Such prohibition on the obligation of funds for the
acquisition of a major system shall cease to apply at the end
of the 30-day period of a continuous session of Congress that
begins on the date on which Congress receives the
notification required under subsection (a)(2) or (b)(3).
``(e) Submission to the Congressional Armed Services
Committees.--To the extent that a submission required to be
made to the congressional intelligence committees under this
section addresses an element of the intelligence community
within the Department of Defense, the Director of National
Intelligence shall submit that portion of the submission, and
any associated material that is necessary to make that
portion understandable, to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives.
``(f) Definitions.--In this section:
``(1) The term `acquisition cost' has the meaning given
that term in section 506E(d).
``(2) The term `baseline cost', with respect to a major
system, means the projected acquisition cost of such system
that is approved by the Director of National Intelligence at
Milestone B or an equivalent acquisition decision for the
development, procurement, and construction of such system.
The baseline cost may be in the form of an independent cost
estimate.
``(3) The term `cost estimate'--
``(A) means an assessment and quantification of all costs
and risks associated with the acquisition of a major system
based upon reasonably available information at the time a
written certification is required under either subsection
(a)(2) or (b)(2); and
``(B) does not mean an `independent cost estimate'.
``(4) The term `full life-cycle cost' has the meaning given
that term in section 506E(d).
``(5) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(6) The term `major system' has the meaning given that
term in section 506A(e).
``(7) The term `Milestone B' means a decision to enter into
system development and demonstration pursuant to guidance
prescribed by the Director of National Intelligence.
``(8) The term `program manager', with respect to a major
system, means--
``(A) the head of the element of the intelligence community
which is responsible for the budget, cost, schedule, and
performance of the major system; or
``(B) in the case of a major system within the Office of
the Director of National Intelligence, the deputy who is
responsible for the budget, cost, schedule, and performance
of the major system.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of that Act, as amended by sections 305,
321, 322, and 323 of this Act, is further amended by
inserting after the items relating to section 506E, as added
by section 323(a)(3), the following new item:
``Sec. 506F. Excessive cost growth of major systems.''.
SEC. 325. FUTURE BUDGET PROJECTIONS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 305,
321, 322, 323, and 324 of this Act, is further amended by
inserting after section 506F, as added by section 324(a), the
following new section:
``future budget projections
``Sec. 506G. (a) Future Year Intelligence Plans.--(1) The
Director of National Intelligence, with the concurrence of
the Office of Management and Budget, shall provide to the
congressional intelligence committees a Future Year
Intelligence Plan, as described in paragraph (2), for--
``(A) each expenditure center in the National Intelligence
Program; and
``(B) each major system in the National Intelligence
Program.
``(2)(A) A Future Year Intelligence Plan submitted under
this subsection shall include the year-by-year proposed
funding for each center or system referred to in subparagraph
(A) or (B) of paragraph (1), for the budget year for which
the Plan is submitted and not less than the 4 subsequent
budget years.
``(B) A Future Year Intelligence Plan submitted under
subparagraph (B) of paragraph (1) for a major system shall
include--
``(i) the estimated total life-cycle cost of such major
system; and
``(ii) any major acquisition or programmatic milestones for
such major system.
``(b) Long-term Budget Projections.--(1) The Director of
National Intelligence, with the concurrence of the Director
of the Office of Management and Budget, shall provide to the
congressional intelligence committees a Long-term Budget
Projection for each element of the National Intelligence
Program acquiring a major system that includes the budget for
such element for the 5-year period following the last budget
year for which proposed funding was submitted under
subsection (a)(2)(A).
``(2) A Long-term Budget Projection submitted under
paragraph (1) shall include projections for the appropriate
element of the intelligence community for--
``(A) pay and benefits of officers and employees of such
element;
``(B) other operating and support costs and minor
acquisitions of such element;
``(C) research and technology required by such element;
``(D) current and planned major system acquisitions for
such element; and
``(E) any unplanned but necessary next-generation major
system acquisitions for such element.
``(c) Submission to Congress.--Each Future Year
Intelligence Plan or Long-term Budget Projection required
under subsection (a) or (b) shall be submitted to Congress
along with the budget for a fiscal year submitted to Congress
by the President pursuant to section 1105 of title 31, United
States Code.
``(d) Content of Long-term Budget Projections.--(1) Each
Long-term Budget Projection submitted under subsection (b)
shall include--
``(A) a budget projection based on constrained budgets,
effective cost and schedule execution of current or planned
major system acquisitions, and modest or no cost-growth for
undefined, next-generation systems; and
``(B) a budget projection based on constrained budgets,
modest cost increases in executing current and planned
programs, and more costly next-generation systems.
``(2) Each budget projection required by paragraph (1)
shall include a description of whether, and to what extent,
the total projection for each year exceeds the level that
would result from applying the most recent Office of
Management and Budget inflation estimate to the budget of
that element of the intelligence community.
``(e) New Major System Affordability Report.--(1) Beginning
on February 1, 2010, not later than 30 days prior to the date
that an element of the intelligence community may proceed to
Milestone A, Milestone B, or an analogous stage of system
development, in the acquisition of a major system in the
National Intelligence Program, the Director of National
Intelligence, with the concurrence of the Director of the
Office of Management and Budget, shall provide a report on
such major system to the congressional intelligence
committees.
``(2)(A) A report submitted under paragraph (1) shall
include an assessment of whether, and to what extent, such
acquisition, if developed, procured, and operated, is
projected to cause an increase in the most recent Future Year
Intelligence Plan and Long-term Budget Projection for that
element of the intelligence community.
``(B) If an increase is projected under subparagraph (A),
the report required by this subsection shall include a
specific finding, and the reasons therefor, by the Director
of National Intelligence and the Director of the Office of
Management and Budget that such increase is necessary for
national security.
``(f) Definitions.--In this section:
``(1) The term `major system' has the meaning given that
term in section 506A(e).
``(2) The term `Milestone A' means a decision to enter into
concept refinement and technology maturity demonstration
pursuant to guidance issued by the Director of National
Intelligence.
``(3) The term `Milestone B' means a decision to enter into
system development, integration, and demonstration pursuant
to
[[Page S9461]]
guidance prescribed by the Director of National
Intelligence.''.
(b) Applicability Date.--The first Future Year Intelligence
Plan or Long-term Budget Projection required to be submitted
under subsection (a) or (b) of section 506G of the National
Security Act of 1947, as added by subsection (a), shall be
submitted with the budget for fiscal year 2011 submitted by
the President under section 1105 of title 31, United States
Code.
(c) Table of Contents Amendment.--The table of contents in
the first section of that Act, as amended by sections 305,
321, 322, 323, and 324 of this Act, is further amended by
inserting after the items relating to section 506F, as added
by section 324(b), the following new item:
``Sec. 506G. Future budget projections.''.
SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS.
Subsection (n) of section 102A of the National Security Act
of 1947 (50 U.S.C. 403-1) is amended by adding at the end the
following:
``(4)(A) In addition to the authority referred to in
paragraph (1), the Director of National Intelligence may
authorize the head of an element of the intelligence
community to exercise an acquisition authority referred to in
section 3 or 8(a) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by such
element that is more than 50 percent funded by the National
Intelligence Program.
``(B) The head of an element of the intelligence community
may not exercise an authority referred to in subparagraph (A)
until--
``(i) the head of such element (without delegation) submits
to the Director of National Intelligence a written request
that includes--
``(I) a description of such authority requested to be
exercised;
``(II) an explanation of the need for such authority,
including an explanation of the reasons that other
authorities are insufficient; and
``(III) a certification that the mission of such element
would be--
``(aa) impaired if such authority is not exercised; or
``(bb) significantly and measurably enhanced if such
authority is exercised; and
``(ii) the Director of National Intelligence or the
Principal Deputy Director of National Intelligence or a
Deputy Director of National Intelligence designated by the
Director or the Principal Director issues a written
authorization that includes--
``(I) a description of the authority referred to in
subparagraph (A) that is authorized to be exercised; and
``(II) a justification to support the exercise of such
authority.
``(C) A request and authorization to exercise an authority
referred to in subparagraph (A) may be made with respect to
individual acquisitions or with respect to a specific class
of acquisitions described in the request and authorization
referred to in subparagraph (B).
``(D)(i) A request from a head of an element of the
intelligence community located within one of the departments
described in clause (ii) to exercise an authority referred to
in subparagraph (A) shall be transmitted to the Director of
National Intelligence in accordance with any procedures
established by the head of such department.
``(ii) The departments described in this clause are the
Department of Defense, the Department of Energy, the
Department of Homeland Security, the Department of Justice,
the Department of State, and the Department of the Treasury.
``(E)(i) The head of an element of the intelligence
community may not be authorized to utilize an authority
referred to in subparagraph (A) for a class of acquisitions
for a period of more than 3 years, except that the Director
of National Intelligence may authorize the use of such an
authority for not more than 6 years.
``(ii) Each such authorizations may be extended for
successive 3- or 6-year periods, in accordance with
requirements of subparagraph (B).
``(F) The Director of National Intelligence shall submit--
``(i) to the congressional intelligence committees a
notification of an authorization to exercise an authority
referred to in subparagraph (A) or an extension of such
authorization that includes the written authorization
referred to in subparagraph (B)(ii); and
``(ii) to the Director of the Office of Management and
Budget a notification of an authorization to exercise an
authority referred to in subparagraph (A) for an acquisition
or class of acquisitions that will exceed $50,000,000
annually.
``(G) Requests and authorizations to exercise an authority
referred to in subparagraph (A) shall remain available within
the Office of the Director of National Intelligence for a
period of at least 6 years following the date of such request
or authorization.
``(H) Nothing in this paragraph may be construed to alter
or otherwise limit the authority of the Central Intelligence
Agency to independently exercise an authority under section 3
or 8(a) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403c and 403j(a)).''.
Subtitle D--Congressional Oversight, Plans, and Reports
SEC. 331. GENERAL CONGRESSIONAL OVERSIGHT.
Section 501(a) of the National Security Act of 1947 (50
U.S.C. 413(a)) is amended by inserting at the end the
following:
``(3) There shall be no exception to the requirements in
this title to inform the congressional intelligence
committees of all intelligence activities and covert
actions.''.
SEC. 332. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING
INTELLIGENCE ACTIVITIES OF THE UNITED STATES.
(a) Notice on Information Not Disclosed.--
(1) In general.--Section 502 of the National Security Act
of 1947 (50 U.S.C. 413a) is amended--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by inserting after subsection (a) the following:
``(b) Notice on Information Not Disclosed.--(1) If the
Director of National Intelligence or the head of a
department, agency, or other entity of the United States
Government does not provide information required by
subsection (a) in full or to all the members of the
congressional intelligence committees and requests that such
information not be so provided, the Director shall, in a
timely fashion, notify such committees of the determination
not to provide such information in full or to all members of
such committees. Such notice shall--
``(A) be submitted in writing in a classified form;
``(B) include--
``(i) a statement of the reasons for such determination;
and
``(ii) a description that provides the main features of the
intelligence activities covered by such determination; and
``(C) contain no restriction on access to such notice by
all members of the committee.
``(2) Nothing in this subsection shall be construed as
authorizing less than full and current disclosure to all the
members of the congressional intelligence committees of any
information necessary to keep all such members fully and
currently informed on all intelligence activities described
in subsection (a).''.
(2) Conforming amendment.--Subsection (d) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
(b) Reports and Notice on Covert Actions.--
(1) Form and content of certain reports.--Subsection (b) of
section 503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following:
``(2) Any information relating to a covert action that is
submitted to the congressional intelligence committees for
the purposes of paragraph (1) shall be in writing and shall
contain the following:
``(A) A concise statement of any facts pertinent to such
covert action.
``(B) An explanation of the significance of such covert
action.''.
(2) Notice on information not disclosed.--Subsection (c) of
such section is amended by adding at the end the following:
``(5) If the Director of National Intelligence or the head
of a department, agency, or other entity of the United States
Government does not provide information required by
subsection (b) in full or to all the members of the
congressional intelligence committees, and requests that such
information not be so provided, the Director shall, in a
timely fashion, notify such committees of the determination
not to provide such information in full or to all members of
such committees. Such notice shall--
``(A) be submitted in writing in a classified form;
``(B) include--
``(i) a statement of the reasons for such determination;
and
``(ii) a description that provides the main features of the
covert action covered by such determination; and
``(C) contain no restriction on access to such notice by
all members of the committee.''.
(3) Modification of nature of change of covert action
triggering notice requirements.--Subsection (d) of such
section is amended by striking ``significant'' the first
place that term appears.
SEC. 333. REQUIREMENT TO PROVIDE LEGAL AUTHORITY FOR
INTELLIGENCE ACTIVITIES.
(a) General Intelligence Activities.--Section 501(a) of the
National Security Act of 1947 (50 U.S.C.413(a)), as amended
by section 331, is further amended by adding at the end the
following:
``(4) In carrying out paragraph (1), the President shall
provide to the congressional intelligence committees the
legal authority under which the intelligence activity is or
was conducted.''.
(b) Actions Other Than Covert Actions.--Section 502(a)(2)
of the National Security Act of 1947 (50 U.S.C. 413a(a)(2))
is amended by striking ``activities,'' and inserting
``activities (including the legal authority under which an
intelligence activity is or was conducted),''.
(c) Covert Actions.--Paragraph (1)(B) of section 503(b) of
the National Security Act of 1947 (50 U.S.C. 413b(b)), as
redesignated by section 332 (b)(1), is amended by inserting
``(including the legal authority under which a covert action
is or was conducted)'' after ``concerning covert actions''.
[[Page S9462]]
SEC. 334. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR
INTELLIGENCE AND INTELLIGENCE-RELATED
ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C.
414) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``the congressional intelligence committees
have been fully and currently informed of such activity and
if'' after ``only if'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following:
``(b) In any case in which notice to the congressional
intelligence committees of an intelligence or intelligence-
related activity is covered by section 502(b), or in which
notice to the congressional intelligence committees on a
covert action is covered by section 503(c)(5), the
congressional intelligence committees shall be treated as
being fully and currently informed on such activity or covert
action, as the case may be, for purposes of subsection (a) if
the requirements of such section 502(b) or 503(c)(5), as
applicable, have been met.''.
SEC. 335. AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT
ACCOUNTABILITY OFFICE.
(a) In General.--Chapter 35 of title 31, United States
Code, is amended by inserting after section 3523 the
following:
``Sec. 3523A. Audits of intelligence community by Government
Accountability Office
``(a) In this section, the term `intelligence community'
has the meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
``(b) Congress finds that--
``(1) the authority of the Comptroller General to perform
audits and evaluations of financial transactions, programs,
and activities of elements of the intelligence community
under sections 712, 717, 3523, and 3524, and to obtain access
to records for purposes of such audits and evaluations under
section 716, is reaffirmed for matters referred to in
paragraph (2); and
``(2) such audits and evaluations may be requested by a
congressional committee of jurisdiction (such as the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives), and may include matters relating to the
management and administration of elements of the intelligence
community in areas such as strategic planning, financial
management, information technology, human capital, knowledge
management, and information sharing.
``(c)(1) The Comptroller General may conduct an audit or
evaluation involving intelligence sources and methods or
covert actions only upon request of the Select Committee on
Intelligence of the Senate or the Permanent Select Committee
on Intelligence of the House of Representatives.
``(2)(A) Whenever the Comptroller General conducts an audit
or evaluation under paragraph (1), the Comptroller General
shall provide the results of such audit or evaluation only to
the Select Committee on Intelligence of the Senate, the
Permanent Select Committee on Intelligence of the House of
Representatives, the Director of National Intelligence, and
the head of the relevant element of the intelligence
community.
``(B) The Comptroller General may only provide information
obtained in the course of an audit or evaluation under
paragraph (1) to the Select Committee on Intelligence of the
Senate, the Permanent Select Committee on Intelligence of the
House of Representatives, the Director of National
Intelligence, and the head of the relevant element of the
intelligence community.
``(3)(A) Notwithstanding any other provision of law, the
Comptroller General may inspect records of any element of the
intelligence community relating to intelligence sources and
methods, or covert actions in order to conduct audits and
evaluations under paragraph (1).
``(B) If, in the conduct of an audit or evaluation under
paragraph (1), an agency record is not made available to the
Comptroller General in accordance with section 716, the
Comptroller General shall consult with the original requestor
before filing a report under subsection (b)(1) of such
section.
``(4)(A) The Comptroller General shall maintain the same
level of confidentiality for a record made available for
conducting an audit under paragraph (1) as is required of the
head of the element of the intelligence community from which
it is obtained. Officers and employees of the Government
Accountability Office are subject to the same statutory
penalties for unauthorized disclosure or use as officers or
employees of the intelligence community element that provided
the Comptroller General or officers and employees of the
Government Accountability Office with access to such records.
``(B) All workpapers of the Comptroller General and all
records and property of any element of the intelligence
community that the Comptroller General uses during an audit
or evaluation under paragraph (1) shall remain in facilities
provided by that element of the intelligence community.
Elements of the intelligence community shall give the
Comptroller General suitable and secure offices and
furniture, telephones, and access to copying facilities, for
purposes of audits and evaluations under paragraph (1).
``(C) After consultation with the Select Committee on
Intelligence of the Senate and with the Permanent Select
Committee on Intelligence of the House of Representatives,
the Comptroller General shall establish procedures to protect
from unauthorized disclosure all classified and other
sensitive information furnished to the Comptroller General or
any representative of the Comptroller General for conducting
an audit or evaluation under paragraph (1).
``(D) Before initiating an audit or evaluation under
paragraph (1), the Comptroller General shall provide the
Director of National Intelligence and the head of the
relevant element with the name of each officer and employee
of the Government Accountability Office who has obtained
appropriate security clearance and to whom, upon proper
identification, records, and information of the element of
the intelligence community shall be made available in
conducting the audit or evaluation.
``(d) Elements of the intelligence community shall
cooperate fully with the Comptroller General and provide
timely responses to Comptroller General requests for
documentation and information made pursuant to this section.
``(e) With the exception of the types of audits and
evaluations specified in subsection (c)(1), nothing in this
section or any other provision of law shall be construed as
restricting or limiting the authority of the Comptroller
General to audit, evaluate, or obtain access to the records
of elements of the intelligence community absent specific
statutory language restricting or limiting such audits,
evaluations, or access to records.''.
(b) Table of Sections Amendment.--The table of sections for
chapter 35 of title 31, United States Code, is amended by
inserting after the item relating to section 3523 the
following:
``3523A. Audits of intelligence community by Government Accountability
Office.''.
SEC. 336. REPORT ON COMPLIANCE WITH LAWS, INTERNATIONAL
OBLIGATIONS, AND EXECUTIVE ORDERS ON THE
DETENTION AND INTERROGATION ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
(a) Report Required.--Not later than December 1, 2009, the
Director shall submit to the congressional intelligence
committees a comprehensive report on all measures taken by
the Office of the Director of National Intelligence and by
each element, if any, of the intelligence community with
relevant responsibilities to comply with the provisions of
applicable law, international obligations, and executive
orders relating to the detention or interrogation activities,
if any, of any element of the intelligence community,
including the Detainee Treatment Act of 2005 (title X of
division A of Public Law 109-148; 119 Stat. 2739), related
provisions of the Military Commissions Act of 2006 (Public
Law 109-366; 120 Stat. 2600), common Article 3, the
Convention Against Torture, Executive Order 13491 (74 Fed.
Reg. 4893; relating to ensuring lawful interrogations), and
Executive Order 13493 (74 Fed. Reg. 4901; relating to
detention policy options).
(b) Definitions.--In this Act:
(1) Common article 3.--The term ``common Article 3'' means
Article 3 of each of the Geneva Conventions.
(2) Convention against torture.--The term ``Convention
Against Torture'' means the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984.
(3) Director.--The term ``Director'' means the Director of
National Intelligence.
(4) Geneva conventions.--The term ``Geneva Conventions''
means the following:
(A) The Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field, done at
Geneva August 12, 1949 (6 UST 3114).
(B) The Convention for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea,
done at Geneva August 12, 1949 (6 UST 3217).
(C) The Convention Relative to the Treatment of Prisoners
of War, done at Geneva August 12, 1949 (6 UST 3316).
(D) The Convention Relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12, 1949 (6 UST
3516).
(c) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
applicable law, international obligations, and Executive
orders, and, with respect to each such method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such determination.
(2) A description of any recommendations of a task force
submitted pursuant to--
(A) section 5(g) of Executive Order 13491 (74 Fed. Reg.
4893; relating to ensuring lawful interrogations); or
(B) section 1(g) of Executive Order 13493 (74 Fed. Reg.
4901; relating to detention policy options).
(3) A description of any actions taken pursuant to
Executive Order 13491 or the recommendations of a task force
issued pursuant to section 5(g) of Executive Order 13491 or
section 1(g) of Executive Order 13493 relating to detention
or interrogation activities, if any, of any element of the
intelligence community.
(4) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to
each such action--
[[Page S9463]]
(A) an identification of the official taking such action;
and
(B) a statement of the basis for such action.
(5) Any other matters that the Director considers necessary
to fully and currently inform the congressional intelligence
committees about the implementation of applicable law,
international obligations, and Executive orders relating to
the detention or interrogation activities, if any, of any
element of the intelligence community, including the Detainee
Treatment Act of 2005 (title X of division A of Public Law
109-148; 119 Stat. 2739), related provisions of the Military
Commissions Act of 2006 (Public Law 109-366; 120 Stat. 2600),
common Article 3, the Convention Against Torture, Executive
Order 13491, and Executive Order 13493.
(6) An appendix containing--
(A) all guidelines for the application of applicable law,
international obligations, or Executive orders to the
detention or interrogation activities, if any, of any element
of the intelligence community; and
(B) the legal justifications of the Department of Justice
about the meaning or application of applicable law,
international obligations, or Executive orders, with respect
to the detention or interrogation activities, if any, of any
element of the intelligence community.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Submission to the Congressional Armed Services
Committees.--To the extent that the report required by
subsection (a) addresses an element of the intelligence
community within the Department of Defense, the Director
shall submit that portion of the report, and any associated
material that is necessary to make that portion
understandable, to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives.
(f) Submission to the Congressional Judiciary Committees.--
To the extent that the report required by subsection (a)
addresses an element of the intelligence community within the
Department of Justice, the Director shall submit that portion
of the report, and any associated material that is necessary
to make that portion understandable, to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives.
SEC. 337. REPORTS ON NATIONAL SECURITY THREAT POSED BY
GUANTANAMO BAY DETAINEES.
In addition to the reports required by section 319 of the
Supplemental Appropriations Act of 2009 (Public Law 111-32)
and on the schedule required for such reports, the Director
of National Intelligence shall submit to the congressional
intelligence committees a report outlining the Director's
assessment of the suitability for release or transfer for
detainees previously released or transferred, or to be
released or transferred, from the Naval Detention Facility at
Guantanamo Bay, Cuba to the United States or any other
country. Each such report shall include--
(1) a description of any objection to the release or
recommendation against the release of such an individual made
by any element of the intelligence community that determined
the potential threat posed by a particular individual
warranted the individual's continued detention;
(2) a detailed description of the intelligence information
that led to such an objection or determination;
(3) if an element of the intelligence community previously
recommended against the release of such an individual and
later retracted that recommendation, a detailed explanation
of the reasoning for the retraction; and
(4) an assessment of lessons learned from previous releases
and transfers of individuals for whom the intelligence
community objected or recommended against release.
SEC. 338. REPORT ON RETIREMENT BENEFITS FOR FORMER EMPLOYEES
OF AIR AMERICA.
(a) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to Congress a report on
the advisability of providing Federal retirement benefits to
United States citizens for the service of such citizens prior
to 1977 as employees of Air America or an associated company
during a period when Air America or the associated company
was owned or controlled by the United States Government and
operated or managed by the Central Intelligence Agency.
(b) Definitions.--In this section:
(1) Air america.--The term ``Air America'' means Air
America, Incorporated.
(2) Associated company.--The term ``associated company''
means any entity associated with, predecessor to, or
subsidiary to Air America, including Air Asia Company
Limited, CAT Incorporated, Civil Air Transport Company
Limited, and the Pacific Division of Southern Air Transport
during the period when such an entity was owned and
controlled by the United States Government.
(c) Report Elements.--The report required by subsection (a)
shall include the following:
(1) The history of Air America and the associated companies
prior to 1977, including a description of--
(A) the relationship between Air America and the associated
companies and the Central Intelligence Agency or other
elements of the United States Government;
(B) the workforce of Air America and the associated
companies;
(C) the missions performed by Air America, the associated
companies, and their employees for the United States; and
(D) the casualties suffered by employees of Air America and
the associated companies in the course of their employment.
(2) A description of--
(A) the retirement benefits contracted for, or promised to,
the employees of Air America and the associated companies
prior to 1977;
(B) the contributions made by such employees for such
benefits;
(C) the retirement benefits actually paid to such
employees;
(D) the entitlement of such employees to the payment of
future retirement benefits; and
(E) the likelihood that former employees of such companies
will receive any future retirement benefits.
(3) An assessment of the difference between--
(A) the retirement benefits that former employees of Air
America and the associated companies have received or will
receive by virtue of their employment with Air America and
the associated companies; and
(B) the retirement benefits that such employees would have
received or be eligible to receive if such employment was
deemed to be employment by the United States Government and
their service during such employment was credited as Federal
service for the purpose of Federal retirement benefits.
(4)(A) Any recommendations regarding the advisability of
legislative action to treat such employment as Federal
service for the purpose of Federal retirement benefits in
light of the relationship between Air America and the
associated companies and the United States Government and the
services and sacrifices of such employees to and for the
United States.
(B) If legislative action is considered advisable under
subparagraph (A), a proposal for such action and an
assessment of its costs.
(5) The opinions of the Director of the Central
Intelligence Agency, if any, on the matters covered by the
report that the Director of the Central Intelligence Agency
considers appropriate.
(d) Assistance of Comptroller General.--The Comptroller
General of the United States shall, upon the request of the
Director of National Intelligence and in a manner consistent
with the protection of classified information, assist the
Director in the preparation of the report required by
subsection (a).
(e) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 339. REPORT AND STRATEGIC PLAN ON BIOLOGICAL WEAPONS.
(a) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report on--
(1) the intelligence collection efforts of the United
States dedicated to assessing the threat from biological
weapons from state, non-state, or rogue actors, either
foreign or domestic; and
(2) efforts to protect the United States biodefense
knowledge and infrastructure.
(b) Content.--The report required by subsection (a) shall
include--
(1) an accurate assessment of the intelligence collection
efforts of the United States dedicated to detecting the
development or use of biological weapons by state, non-state,
or rogue actors, either foreign or domestic;
(2) detailed information on fiscal, human, technical, open
source, and other intelligence collection resources of the
United States dedicated for use against biological weapons;
(3) an assessment of any problems that may reduce the
overall effectiveness of United States intelligence
collection and analysis to identify and protect biological
weapons targets, including--
(A) intelligence collection gaps or inefficiencies;
(B) inadequate information sharing practices; or
(C) inadequate cooperation among agencies or departments of
the United States;
(4) a strategic plan prepared by the Director of National
Intelligence, in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Homeland Security,
that provides for actions for the appropriate elements of the
intelligence community to close important intelligence gaps
related to biological weapons;
(5) a description of appropriate goals, schedules,
milestones, or metrics to measure the long-term effectiveness
of actions implemented to carry out the plan described in
paragraph (4); and
(6) any long-term resource and human capital issues related
to the collection of intelligence regarding biological
weapons, including any recommendations to address shortfalls
of experienced and qualified staff possessing relevant
scientific, language, and technical skills.
(c) Implementation of Strategic Plan.--Not later than 30
days after the date that the Director of National
Intelligence submits the report required by subsection (a),
the Director shall begin implementation of the strategic plan
referred to in subsection (b)(4).
SEC. 340. CYBERSECURITY OVERSIGHT.
(a) Definitions.--In this section:
[[Page S9464]]
(1) Cybersecurity program.--The term ``cybersecurity
program'' means a class or collection of similar
cybersecurity operations of an agency or department of the
United States that involves personally identifiable data that
is--
(A) screened by a cybersecurity system outside of the
agency or department of the United States that was the
intended recipient;
(B) transferred, for the purpose of cybersecurity, outside
the agency or department of the United States that was the
intended recipient; or
(C) transferred, for the purpose of cybersecurity, to an
element of the intelligence community.
(2) National cyber investigative joint task force.--The
term ``National Cyber Investigative Joint Task Force'' means
the multi-agency cyber investigation coordination
organization overseen by the Director of the Federal Bureau
of Investigation known as the Nation Cyber Investigative
Joint Task Force that coordinates, integrates, and provides
pertinent information related to cybersecurity
investigations.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016 of the USA PATRIOT Act (42 U.S.C. 5195c).
(b) Notification of Cybersecurity Programs.--
(1) Requirement for notification.--
(A) Existing programs.--Not later than 30 days after the
date of the enactment of this Act, the President shall submit
to Congress a notification for each cybersecurity program in
operation on such date that includes the documentation
referred to in subparagraphs (A) through (E) of paragraph
(2).
(B) New programs.--Not later than 30 days after the date of
the commencement of operations of a new cybersecurity
program, the President shall submit to Congress a
notification of such commencement that includes the
documentation referred to in subparagraphs (A) through (E) of
paragraph (2).
(2) Documentation.--A notification required by paragraph
(1) for a cybersecurity program shall include--
(A) the legal justification for the cybersecurity program;
(B) the certification, if any, made pursuant to section
2511(2)(a)(ii)(B) of title 18, United States Code, or other
statutory certification of legality for the cybersecurity
program;
(C) the concept for the operation of the cybersecurity
program that is approved by the head of the appropriate
agency or department;
(D) the assessment, if any, of the privacy impact of the
cybersecurity program prepared by the privacy or civil
liberties protection officer or comparable officer of such
agency or department; and
(E) the plan, if any, for independent audit or review of
the cybersecurity program to be carried out by the head of
the relevant department or agency of the United States, in
conjunction with the appropriate inspector general.
(c) Program Reports.--
(1) Requirement for reports.--The head of a department or
agency of the United States with responsibility for a
cybersecurity program for which a notification was submitted
under subsection (b), in conjunction with the inspector
general for that department or agency, shall submit to
Congress and the President, in accordance with the schedule
set out in paragraph (2), a report on such cybersecurity
program that includes--
(A) the results of any audit or review of the cybersecurity
program carried out under the plan referred to in subsection
(b)(2)(E), if any; and
(B) an assessment of whether the implementation of the
cybersecurity program--
(i) is in compliance with--
(I) the legal justification referred to in subsection
(b)(2)(A); and
(II) the assessment referred to in subsection (b)(2)(D), if
any;
(ii) is adequately described by the concept of operation
referred to in subsection (b)(2)(C), if any; and
(iii) includes an adequate independent audit or review
system and whether improvements to such independent audit or
review system are necessary.
(2) Schedule for submission of reports.--The reports
required by paragraph (1) shall be submitted to Congress and
the President according to the following schedule:
(A) An initial report shall be submitted not later than 6
months after the date of the enactment of this Act.
(B) A second report shall be submitted not later than 1
year after the date of the enactment of this Act.
(C) Additional reports shall be submitted periodically
thereafter, as necessary, as determined by the head of the
relevant department or agency of the United States in
conjunction with the inspector general of that department or
agency.
(3) Cooperation and coordination.--
(A) Cooperation.--The head of each department or agency of
the United States and inspector general required to submit a
report under paragraph (1) shall work in conjunction, to the
extent practicable, with any other such head or inspector
general required to submit such a report.
(B) Coordination.--The heads of each department or agency
of the United States and inspectors general required to
submit reports under paragraph (1) shall designate one such
head and one such inspector general to coordinate the conduct
of such reports.
(d) Information Sharing Report.--Not later than 1 year
after the date of the enactment of this Act, the Inspector
General of the Department of Homeland Security and the
Inspector General of the Intelligence Community shall,
jointly, submit to Congress and the President a report on the
status of the sharing of cyber threat information,
including--
(1) a description of how cyber threat intelligence
information, including classified information, is shared
among the agencies and departments of the United States and
with persons responsible for critical infrastructure;
(2) a description of the mechanisms by which classified
cyber threat information is distributed;
(3) an assessment of the effectiveness of such information
sharing and distribution; and
(4) any other matters identified by such Inspectors General
that would help to fully inform Congress or the President
regarding the effectiveness and legality of cybersecurity
programs.
(e) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other
provision of law, the head of an element of the intelligence
community that is funded through the National Intelligence
Program may detail an officer or employee of such element to
the National Cyber Investigative Joint Task Force or to the
Department of Homeland Security to assist the Task Force or
the Department with cybersecurity, as jointly agreed by the
head of such element and the Task Force or the Department.
(2) Basis for detail.--A personnel detail made under
paragraph (1) may be made--
(A) for a period of not more than 3 years; and
(B) on a reimbursable or nonreimbursable basis.
(f) Sunset.--The requirements and authorities of this
section shall terminate on December 31, 2012.
SEC. 341. REPEAL OR MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS.
(a) Annual Report on Intelligence.--
(1) Repeal.--Section 109 of the National Security Act of
1947 (50 U.S.C. 404d) is repealed.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by striking the item relating to section 109.
(b) Annual and Special Reports on Intelligence Sharing With
the United Nations.--Section 112 of the National Security Act
of 1947 (50 U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual Report on Progress in Auditable Financial
Statements.--
(1) Repeal.--Section 114A of the National Security Act of
1947 (50 U.S.C. 404i-1) is repealed.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by striking the item relating to section 114A.
(d) Elimination of Reporting Requirement on Financial
Intelligence on Terrorist Assets.--
(1) In general.--Section 118 of the National Security Act
of 1947 (50 U.S.C. 404m) is amended--
(A) in the section heading, by striking ``SEMIANNUAL REPORT
ON'' and inserting ``EMERGENCY NOTIFICATION REGARDING'';
(B) by striking subsection (a);
(C) by redesignating subsection (b) as subsection (a);
(D) by striking subsection (c); and
(E) by redesignating subsection (d) as subsection (b).
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by striking the item related to section 118 and
inserting the following:
``Sec. 118. Emergency notification regarding financial intelligence on
terrorist assets.''.
(e) Annual Certification on Counterintelligence
Initiatives.--Section 1102(b) of the National Security Act of
1947 (50 U.S.C. 442a(b)) is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(f) Report and Certification Under Terrorist Identification
Classification System.--Section 343 of the Intelligence
Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is
amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
(g) Annual Report on Counterdrug Intelligence Matters.--
Section 826 of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2429; 21 U.S.C. 873
note) is repealed.
(h) Biennial Report on Foreign Industrial Espionage.--
Subsection (b) of section 809 of the Intelligence
Authorization Act for Fiscal Year 1995 (50 U.S.C. App. 2170b)
is amended--
(1) in the heading, by striking ``Annual Update'' and
inserting ``Biennial Report'';
(2) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Requirement to submit.--Not later than February 1,
2010 and once every two years thereafter, the President shall
submit
[[Page S9465]]
to the congressional intelligence committees and
congressional leadership a report updating the information
referred to in subsection (a) (1) (D) not later than February
1, 2010 and every two years thereafter.''; and
(3) by redesignating paragraph (3) as paragraph (2).
(i) Conforming Amendments.--Section 507(a) of the National
Security Act of 1947 (50 U.S.C. 415b(a)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (A) and (B); and
(B) by redesignating subparagraphs (C) through (N) as
subparagraphs (A) through (L), respectively; and
(2) in paragraph (2), by striking subparagraph (D).
Subtitle E--Other Matters
SEC. 351. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT
RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND
DECORATIONS.
Paragraph (4) of section 7342(f) of title 5, United States
Code, is amended to read as follows:
``(4)(A) In transmitting such listings for an element of
the intelligence community, the head of such element may
delete the information described in subparagraph (A) or (C)
of paragraph (2) or in subparagraph (A) or (C) of paragraph
(3) if the head of such element certifies in writing to the
Secretary of State that the publication of such information
could adversely affect United States intelligence sources or
methods.
``(B) Any information not provided to the Secretary of
State pursuant to the authority in subparagraph (A) shall be
transmitted to the Director of National Intelligence who
shall keep a record of such information.
``(C) In this paragraph, the term `element of the
intelligence community' means an element of the intelligence
community listed in or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).''.
SEC. 352. 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. 353. LIMITATION ON REPROGRAMMINGS AND TRANSFERS OF
FUNDS.
(a) In General.--Paragraph (3) of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) is amended--
(1) in subparagraph (B), as amended by section 353, by
striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(D) the making available of such funds for such activity
complies with the requirements in subsection (d);''.
(b) Procedures.--Such section 504 is further amended--
(1) by redesignating subsections (c), (d), (e), and (f), as
redesignated by section 334(2), as subsections (d), (e), (f),
and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Except as provided in paragraph (2), if following
a notice of intent to make funds available for a different
activity under subsection (a)(3)(C) one of the congressional
intelligence committees submits to the element of the
intelligence community that will carry out such activity a
request for additional information on such activity, such
funds may not be made available for such activity under
subsection (a)(3) until such date, up to 90 days after the
date of such request, as specified by such congressional
intelligence committee.
``(2) The President may waive the requirements of paragraph
(1) and make funds available for an element of the
intelligence community to carry out a different activity
under subsection (a)(3) if the President submits to the
congressional intelligence committees a certification
providing that--
``(A) the use of such funds for such activity is necessary
to fulfill an urgent operational requirement, excluding a
cost overrun on the acquisition of a major system, of an
element of the intelligence community; and
``(B) such waiver is necessary so that an element of the
intelligence community may carry out such activity prior to
the date that funds would be made available under paragraph
(1).''.
(c) Definitions.--Subsection (g) of such section 504, as
redesignated by subsection (b)(1) of this section, is
amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by redesignating paragraphs (1) and (2) as paragraphs
(1) and (2), respectively;
(3) by striking ``and'' at the end of paragraph (1), as
redesignated by paragraph (2) of this subsection; and
(4) by inserting after paragraph (2), as redesignated by
paragraph (2) of this subsection, the following:
``(3) the term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403); and''.
SEC. 354. 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. 355. NATIONAL INTELLIGENCE PROGRAM BUDGET REQUEST.
(a) Finding.--Congress finds that the Report of the
National Commission on Terrorist Attacks Upon the United
States (the ``9/11 Commission'') recommended that ``the
overall amounts of money being appropriated for national
intelligence and to its component agencies should no longer
be kept secret'' and that ``Congress should pass a separate
appropriations act for intelligence, defending the broad
allocation of how these tens of billions of dollars have been
assigned among the varieties of intelligence work.''.
(b) National Intelligence Program Budget Request.--Section
601 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (50 U.S.C. 415c) is amended by
striking subsection (b) and inserting the following:
``(b) Budget Request.--On the date that the President
submits to Congress the budget for a fiscal year required
under section 1105 of title 31, United States Code, the
President shall disclose to the public the aggregate amount
of appropriations requested for that fiscal year for the
National Intelligence Program.''.
SEC. 356. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC
INTEREST DECLASSIFICATION BOARD.
Paragraph (5) of section 703(b) of the Public Interest
Declassification Act of 2000 (50 U.S.C. 435 note) is
amended--
(1) by striking ``jurisdiction,'' and inserting
``jurisdiction or by a member of the committee of
jurisdiction,''; and
(2) by inserting ``, evaluate the proper classification of
certain records,'' after ``certain records''.
SEC. 357. AUTHORITY TO DESIGNATE UNDERCOVER OPERATIONS TO
COLLECT FOREIGN INTELLIGENCE OR
COUNTERINTELLIGENCE.
Paragraph (1) of section 102(b) of the Department of
Justice and Related Agencies Appropriations Act, 1993 (Public
Law 102-395; 28 U.S.C. 533 note) is amended in the flush text
following subparagraph (D) by striking ``(or, if designated
by the Director, the Assistant Director, Intelligence
Division) and the Attorney General (or, if designated by the
Attorney General, the Assistant Attorney General for National
Security)'' and inserting ``(or a designee of the Director
who is in a position not lower than Deputy Assistant Director
in the National Security Branch or a similar successor
position) and the Attorney General (or a designee of the
Attorney General who is in the National Security Division in
a position not lower than Deputy Assistant Attorney General
or a similar successor position)''.
SEC. 358. CORRECTING LONG-STANDING MATERIAL WEAKNESSES.
(a) Definitions.--In this section:
(1) Covered element of the intelligence community.--The
term ``covered element of the intelligence community''
means--
(A) the Central Intelligence Agency;
(B) the Defense Intelligence Agency;
(C) the National Geospatial-Intelligence Agency;
(D) the National Reconnaissance Office; or
(E) the National Security Agency.
(2) Independent auditor.--The term ``independent auditor''
means an individual who--
(A)(i) is a Federal, State, or local government auditor who
meets the independence standards included in generally
accepted government auditing standards; or
(ii) is a public accountant who meets such independence
standards; and
(B) is designated as an auditor by the Director of National
Intelligence or the head of a covered element of the
intelligence community, as appropriate.
(3) Long-standing, correctable material weakness.--The term
``long-standing, correctable material weakness'' means a
material weakness--
(A) that was first reported in the annual financial report
of a covered element of the intelligence community for a
fiscal year prior to fiscal year 2007; and
(B) the correction of which is not substantially dependent
on a business system that will not be implemented prior to
the end of fiscal year 2010.
(4) Material weakness.--The term ``material weakness'' has
the meaning given that term under the Office of Management
and Budget Circular A-123, entitled ``Management's
Responsibility for Internal Control,'' revised December 21,
2004.
(5) Covered program.--The term ``covered program'' means--
(A) the Central Intelligence Agency Program;
(B) the Consolidated Cryptologic Program;
(C) the General Defense Intelligence Program;
[[Page S9466]]
(D) the National Geospatial-Intelligence Program; or
(E) the National Reconnaissance Program.
(6) Senior intelligence management official.--The term
``senior intelligence management official'' means an official
within a covered element of the intelligence community who
holds a position--
(A)(i) for which the level of the duties and
responsibilities and the rate of pay are comparable to that
of a position--
(I) above grade 15 of the General Schedule (as described in
section 5332 of title 5, United States Code); or
(II) at or above level IV of the Executive Level (as
described in section 5315 of title 5, United States Code); or
(ii) as the head of a covered element of the intelligence
community; and
(B) which is compensated for employment with funds
appropriated pursuant to an authorization of appropriations
in this Act.
(b) Identification of Senior Intelligence Management
Officials.--
(1) Requirement to identify.--Not later than 30 days after
the date of the enactment of this Act, the head of a covered
element of the intelligence community shall identify each
senior intelligence management official of such element who
is responsible for correcting a long-standing, correctable
material weakness.
(2) Head of a covered element of the intelligence
community.--The head of a covered element of the intelligence
community may designate himself or herself as the senior
intelligence management official responsible for correcting a
long-standing, correctable material weakness.
(3) Requirement to update designation.--In the event a
senior intelligence management official identified under
paragraph (1) is determined by the head of the appropriate
covered element of the intelligence community to no longer be
responsible for correcting a long-standing, correctable
material weakness, the head of such element shall identify
the successor to such official not later than 10 days after
the date of such determination.
(c) Notification.--Not later than 10 days after the date
that the head of a covered element of the intelligence
community has identified a senior intelligence management
official pursuant to subsection (b)(1), the head of such
element shall provide written notification of such
identification to the Director of National Intelligence and
to such senior intelligence management official.
(d) Independent Review.--
(1) Notification of correction of deficiency.--A senior
intelligence management official who has received a
notification under subsection (c) regarding a long-standing,
correctable material weakness shall notify the head of the
appropriate covered element of the intelligence community,
not later than 5 days after the date that such official
determines that the specified material weakness is corrected.
(2) Requirement for independent review.--
(A) In general.--Not later than 10 days after the date a
notification is provided under paragraph (1), the head of the
appropriate covered element of the intelligence community
shall appoint an independent auditor to conduct an
independent review to determine whether the specified long-
standing, correctable material weakness has been corrected.
(B) Review already in process.--If an independent review is
already being conducted by an independent auditor, the head
of the covered element of the intelligence community may
approve the continuation of such review to comply with
subparagraph (A).
(C) Conduct of review.--A review conducted under
subparagraph (A) or (B) shall be conducted as expeditiously
as possible and in accordance with generally accepted
accounting principles.
(3) Notification of results of review.--Not later than 5
days after the date that a review required by paragraph (2)
is completed, the independent auditor shall submit to the
head of the covered element of the intelligence community,
the Director of National Intelligence, and the senior
intelligence management official involved a notification of
the results of such review.
(e) Congressional Oversight.--The head of a covered element
of the intelligence community shall notify the congressional
intelligence committees not later than 30 days after the date
of--
(1) that a senior intelligence management official is
identified under subsection (b)(1) and notified under
subsection (c); or
(2) the correction of a long-standing, correctable material
weakness, as verified by an independent review under
subsection (d)(2).
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Responsibility of the Director of National
Intelligence.--Subsection (b) of section 102 of the National
Security Act of 1947 (50 U.S.C. 403) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) by striking ``2004,'' and inserting ``2004 (Public Law
108-458; 50 U.S.C. 403 note),''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(4) conduct accountability reviews of elements of the
intelligence community and the personnel of such elements, if
appropriate.''.
(b) Tasking and Other Authorities.--Subsection (f) of
section 102A of the National Security Act of 1947 (50 U.S.C.
403-1) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7)(A) The Director of National Intelligence shall, if
the Director determines it is necessary, or may, if requested
by a congressional intelligence committee, conduct an
accountability review of an element of the intelligence
community or the personnel of such element in relation to a
failure or deficiency within the intelligence community.
``(B) The Director of National Intelligence, in
consultation with the Attorney General, shall establish
guidelines and procedures for conducting an accountability
review under subparagraph (A).
``(C)(i) The Director of National Intelligence shall
provide the findings of an accountability review conducted
under subparagraph (A) and the Director's recommendations for
corrective or punitive action, if any, to the head of the
applicable element of the intelligence community. Such
recommendations may include a recommendation for dismissal of
personnel.
``(ii) If the head of such element does not implement a
recommendation made by the Director under clause (i), the
head of such element shall submit to the congressional
intelligence committees a notice of the determination not to
implement the recommendation, including the reasons for the
determination.
``(D) The requirements of this paragraph shall not limit
any authority of the Director of National Intelligence under
subsection (m) or with respect to supervision of the Central
Intelligence Agency.''.
SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.
(a) Authorities for Interagency Funding.--Section
102A(g)(1) of the National Security Act of 1947 (50 U.S.C.
403-1(g)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) in carrying out this subsection, without regard to
any other provision of law (other than this Act and the
National Security Intelligence Reform Act of 2004 (title I of
Public Law 108-458; 118 Stat. 3643)), expend funds and make
funds available to other departments or agencies of the
United States for, and direct the development and fielding
of, systems of common concern related to the collection,
processing, analysis, exploitation, and dissemination of
intelligence information; and
``(H) for purposes of addressing critical gaps in
intelligence information sharing or access capabilities, have
the authority to transfer funds appropriated for a program
within the National Intelligence Program to a program funded
by appropriations not within the National Intelligence
Program, consistent with paragraphs (3) through (7) of
subsection (d).''.
(b) Authorities of Heads of Other Departments and
Agencies.--Notwithstanding any other provision of law, the
head of any department or agency of the United States is
authorized to receive and utilize funds made available to the
department or agency by the Director of National Intelligence
pursuant to section 102A(g)(1) of the National Security Act
of 1947 (50 U.S.C. 403-1(g)(1)), as amended by subsection
(a), and receive and utilize any system referred to in such
section that is made available to the department or agency.
(c) Reports.--
(1) Requirement for reports.--Not later than February 1 of
each of the fiscal years 2011 through 2014, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report detailing the distribution
of funds and systems during the preceding fiscal year
pursuant to subparagraph (G) or (H) of section 102A(g)(1) of
the National Security Act of 1947 (50 U.S.C. 403-1(g)(1)), as
added by subsection (a).
(2) Content.--Each such report shall include--
(A) a listing of the agencies or departments to which such
funds or systems were distributed;
(B) a description of the purpose for which such funds or
systems were distributed; and
(C) a description of the expenditure of such funds, and the
development, fielding, and use of such systems by the
receiving agency or department.
SEC. 403. AUTHORITIES FOR INTERAGENCY FUNDING.
(a) In General.--Section 102A of the National Security Act
of 1947 (50 U.S.C. 403-1), as amended by sections 303, 304,
and 312, is further amended by adding at the end the
following new subsection:
``(x) Authorities for Interagency Funding.--(1)
Notwithstanding section 1346 of title 31, United States Code,
or any other provision of law prohibiting the interagency
financing of activities described in subparagraph (A) or (B),
upon the request of the Director of National Intelligence,
any element of the intelligence community may use
appropriated funds to support or participate in the
interagency activities of the following:
[[Page S9467]]
``(A) National intelligence centers established by the
Director under section 119B.
``(B) Boards, commissions, councils, committees, and
similar groups that are established--
``(i) for a term of not more than 2 years; and
``(ii) by the Director.
``(2) No provision of law enacted after the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2010 shall be construed to limit or supersede the
authority in paragraph (1) unless such provision makes
specific reference to the authority in that paragraph.''.
(b) Reports.--Not later than February 1 of each fiscal year
2011 through 2014, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report detailing the exercise of any authority pursuant to
subsection (x) of section 102A of the National Security Act
of 1947 (50 U.S.C. 403-1), as added by subsection (a), during
the preceding fiscal year.
SEC. 404. LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (e) of section 103 of the National Security Act
of 1947 (50 U.S.C. 403-3) is amended to read as follows:
``(e) Location of the Office of the Director of National
Intelligence.--The headquarters of the Office of the Director
of National Intelligence may be located in the Washington
metropolitan region, as that term is defined in section 8301
of title 40, United States Code.''.
SEC. 405. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND
TECHNOLOGY.
(a) In General.--Section 103E of the National Security Act
of 1947 (50 U.S.C. 403-3e) is amended--
(1) in subsection (c)--
(A) by redesignating paragraph (5) as paragraph (7);
(B) in paragraph (4), by striking ``and'' at the end; and
(C) by inserting after paragraph (4) the following:
``(5) assist the Director in establishing goals for basic,
applied, and advanced research to meet the technology needs
of the intelligence community and to be executed by elements
of the intelligence community by--
``(A) systematically identifying, assessing, and
prioritizing the most significant intelligence challenges
that require technical solutions; and
``(B) examining options to enhance the responsiveness of
research programs;
``(6) submit to Congress an annual report on the science
and technology strategy of the Director; and''; and
(2) in paragraph (3) of subsection (d)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(B) in subparagraph (B), as so redesignated, by inserting
``and prioritize'' after ``coordinate''; and
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) identify basic, advanced, and applied research
programs to be executed by elements of the intelligence
community;''.
(b) Sense of Congress on Supervision of the Director of
Science and Technology.--It is the sense of Congress that the
Director of Science and Technology of the Office of the
Director of National Intelligence should report only to a
member of such Office who is appointed by the President, by
and with the consent of the Senate.
SEC. 406. TITLE AND APPOINTMENT OF CHIEF INFORMATION OFFICER
OF THE INTELLIGENCE COMMUNITY.
Section 103G of the National Security Act of 1947 (50
U.S.C. 403-3g) is amended--
(1) in subsection (a)--
(A) by inserting ``of the Intelligence Community'' after
``Chief Information Officer''; and
(B) by striking ``President,'' and all that follows and
inserting ``President.'';
(2) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c),
respectively;
(3) in subsection (b) (as so redesignated), by inserting
``of the Intelligence Community'' after ``Chief Information
Officer''; and
(4) in subsection (c) (as so redesignated), by inserting
``of the Intelligence Community'' after ``Chief Information
Officer'' the first place it appears.
SEC. 407. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 103G the following new section:
``inspector general of the intelligence community
``Sec. 103H. (a) Office of Inspector General of the
Intelligence Community.--There is within the Office of the
Director of National Intelligence an Office of the Inspector
General of the Intelligence Community.
``(b) Purpose.--The purpose of the Office of the Inspector
General of the Intelligence Community is--
``(1) to create an objective and effective office,
appropriately accountable to Congress, to initiate and
conduct independently investigations, inspections, audits,
and reviews on programs and activities within the
responsibility and authority of the Director of National
Intelligence;
``(2) to provide leadership and coordination and recommend
policies for activities designed--
``(A) to promote economy, efficiency, and effectiveness in
the administration and implementation of such programs and
activities; and
``(B) to prevent and detect fraud and abuse in such
programs and activities;
``(3) to provide a means for keeping the Director of
National Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to the
administration of programs and activities within the
responsibility and authority of the Director of National
Intelligence; and
``(B) the necessity for, and the progress of, corrective
actions; and
``(4) in the manner prescribed by this section, to ensure
that the congressional intelligence committees are kept
similarly informed of--
``(A) significant problems and deficiencies relating to
programs and activities within the responsibility and
authority of the Director of National Intelligence; and
``(B) the necessity for, and the progress of, corrective
actions.
``(c) Inspector General of the Intelligence Community.--(1)
There is an Inspector General of the Intelligence Community,
who shall be the head of the Office of the Inspector General
of the Intelligence Community, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The nomination of an individual for appointment as
Inspector General shall be made--
``(A) without regard to political affiliation;
``(B) on the basis of integrity, compliance with security
standards of the intelligence community, and prior experience
in the field of intelligence or national security; and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or investigations.
``(3) The Inspector General shall report directly to and be
under the general supervision of the Director of National
Intelligence.
``(4) The Inspector General may be removed from office only
by the President. The President shall communicate in writing
to the congressional intelligence committees the reasons for
the removal not later than 30 days prior to the effective
date of such removal.
``(d) Assistant Inspectors General.--Subject to applicable
law and the policies of the Director of National
Intelligence, the Inspector General shall--
``(1) appoint an Assistant Inspector General for Audit who
shall have the responsibility for supervising the performance
of auditing activities relating to programs and activities
within the responsibility and authority of the Director;
``(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and activities; and
``(3) appoint other Assistant Inspectors General that, in
the judgment of the Inspector General, are necessary to carry
out the duties of the Inspector General.
``(e) Duties and Responsibilities.--It shall be the duty
and responsibility of the Inspector General of the
Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, audits, and reviews relating to
programs and activities within the responsibility and
authority of the Director of National Intelligence;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, fraud and other serious problems, abuses, and
deficiencies relating to the programs and activities within
the responsibility and authority of the Director, to
recommend corrective action concerning such problems, and to
report on the progress made in implementing such corrective
action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued
by the Inspector General, and, to the extent consistent with
the purpose and objective of such reports, take such measures
as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports;
and
``(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing.
``(f) Limitations on Activities.--(1) The Director of
National Intelligence may prohibit the Inspector General of
the Intelligence Community from initiating, carrying out, or
completing any investigation, inspection, audit, or review if
the Director determines that such prohibition is necessary to
protect vital national security interests of the United
States.
``(2) If the Director exercises the authority under
paragraph (1), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
authority within 7 days to the congressional intelligence
committees.
``(3) The Director shall advise the Inspector General at
the time a statement under paragraph (2) is submitted, and,
to the extent
[[Page S9468]]
consistent with the protection of intelligence sources and
methods, provide the Inspector General with a copy of such
statement.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on the statement of
which the Inspector General has notice under paragraph (3)
that the Inspector General considers appropriate.
``(g) Authorities.--(1) The Inspector General of the
Intelligence Community shall have direct and prompt access to
the Director of National Intelligence when necessary for any
purpose pertaining to the performance of the duties of the
Inspector General.
``(2)(A) The Inspector General shall, subject to the
limitations in subsection (f), make such investigations and
reports relating to the administration of the programs and
activities within the authorities and responsibilities of the
Director as are, in the judgment of the Inspector General,
necessary or desirable.
``(B) The Inspector General shall have access to any
employee, or any employee of contract personnel, of any
element of the intelligence community needed for the
performance of the duties of the Inspector General.
``(C) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to the
programs and activities with respect to which the Inspector
General has responsibilities under this section.
``(D) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient
rationale for denying the Inspector General access to any
materials under subparagraph (C).
``(E) The Director, or on the recommendation of the
Director, another appropriate official of the intelligence
community, shall take appropriate administrative actions
against an employee, or an employee of contract personnel, of
an element of the intelligence community that fails to
cooperate with the Inspector General. Such administrative
action may include loss of employment or the termination of
an existing contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate, pursuant to subsection (h), complaints or
information from any person concerning the existence of an
activity within the authorities and responsibilities of the
Director of National Intelligence constituting a violation of
laws, rules, or regulations, or mismanagement, gross waste of
funds, abuse of authority, or a substantial and specific
danger to the public health and safety. Once such complaint
or information has been received from an employee of the
intelligence community--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless
the Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of
Justice responsible for determining whether a prosecution
should be undertaken; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint or disclosing such
information to the Inspector General may be taken by any
employee in a position to take such actions, unless the
complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its
truth or falsity.
``(4) The Inspector General shall have authority to
administer to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of the
duties of the Inspector General, which oath, affirmation, or
affidavit when administered or taken by or before an employee
of the Office of the Inspector General of the Intelligence
Community designated by the Inspector General shall have the
same force and effect as if administered or taken by, or
before, an officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the
Inspector General is authorized to require by subpoena the
production of all information, documents, reports, answers,
records, accounts, papers, and other data in any medium
(including electronically stored information, as well as any
tangible thing) and documentary evidence necessary in the
performance of the duties and responsibilities of the
Inspector General.
``(B) In the case of departments, agencies, and other
elements of the United States Government, the Inspector
General shall obtain information, documents, reports,
answers, records, accounts, papers, and other data and
evidence for the purpose specified in subparagraph (A) using
procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for,
or on behalf of, any component of the Office of the Director
of National Intelligence or any element of the intelligence
community, including the Office of the Director of National
Intelligence.
``(D) In the case of contumacy or refusal to obey a
subpoena issued under this paragraph, the subpoena shall be
enforceable by order of any appropriate district court of the
United States.
``(6) The Inspector General may obtain services as
authorized by section 3109 of title 5, United States Code, at
daily rates not to exceed the equivalent rate prescribed for
grade 15 of the General Schedule (as described in section
5332 of title 5, United States Code).
``(7) The Inspector General may, to the extent and in such
amounts as may be provided in appropriations, enter into
contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with
private persons, and to make such payments as may be
necessary to carry out the provisions of this section.
``(h) Coordination Among Inspectors General.--(1)(A) In the
event of a matter within the jurisdiction of the Inspector
General of the Intelligence Community that may be subject to
an investigation, inspection, audit, or review by both the
Inspector General of the Intelligence Community and an
inspector general, whether statutory or administrative, with
oversight responsibility for an element or elements of the
intelligence community, the Inspector General of the
Intelligence Community and such other inspector or inspectors
general shall expeditiously resolve the question of which
inspector general shall conduct such investigation,
inspection, audit, or review to avoid unnecessary duplication
of the activities of the Offices of the Inspectors General.
``(B) In attempting to resolve a question under
subparagraph (A), the inspectors general concerned may
request the assistance of the Intelligence Community
Inspectors General Forum established under paragraph (2). In
the event of a dispute between an inspector general within an
agency or department of the United States Government and the
Inspector General of the Intelligence Community that has not
been resolved with the assistance of such Forum, the
inspectors general shall submit the question to the Director
of National Intelligence and the head of the affected agency
or department for resolution.
``(2)(A) There is established the Intelligence Community
Inspectors General Forum, which shall consist of all
statutory or administrative inspectors general with oversight
responsibility for an element or elements of the intelligence
community.
``(B) The Inspector General of the Intelligence Community
shall serve as the Chair of the Forum established under
subparagraph (A). The Forum shall have no administrative
authority over any inspector general, but shall serve as a
mechanism for informing its members of the work of individual
members of the Forum that may be of common interest and
discussing questions about jurisdiction or access to
employees, employees of contract personnel, records, audits,
reviews, documents, recommendations, or other materials that
may involve or be of assistance to more than 1 of its
members.
``(3) The Inspector General conducting an investigation,
inspection, audit, or review covered by paragraph (1) shall
submit the results of such investigation, inspection, audit,
or review to any other Inspector General, including the
Inspector General of the Intelligence Community, with
jurisdiction to conduct such investigation, inspection,
audit, or review who did not conduct such investigation,
inspection, audit, or review.
``(i) Counsel to the Inspector General.--The Inspector
General of the Intelligence Community shall--
``(1) appoint a Counsel to the Inspector General who shall
report to the Inspector General; or
``(2) obtain the services of a counsel appointed by and
directly reporting to another Inspector General or the
Council of the Inspectors General on Integrity and Efficiency
on a reimbursable basis.
``(j) Staff and Other Support.--(1) The Director of
National Intelligence shall provide the Inspector General of
the Intelligence Community with appropriate and adequate
office space at central and field office locations, together
with such equipment, office supplies, maintenance services,
and communications facilities and services as may be
necessary for the operation of such offices.
``(2)(A) Subject to applicable law and the policies of the
Director of National Intelligence, the Inspector General
shall select, appoint, and employ such officers and employees
as may be necessary to carry out the functions, powers, and
duties of the Inspector General. The Inspector General shall
ensure that any officer or employee so selected, appointed,
or employed has security clearances appropriate for the
assigned duties of such officer or employee.
``(B) In making selections under subparagraph (A), the
Inspector General shall ensure that such officers and
employees have the requisite training and experience to
enable the Inspector General to carry out the duties of the
Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the
Inspector General shall create within the Office of the
Inspector General of the Intelligence Community a career
cadre of sufficient size to provide appropriate continuity
and objectivity needed for the effective performance of the
duties of the Inspector General.
``(3) Consistent with budgetary and personnel resources
allocated by the Director of National Intelligence, the
Inspector General has final approval of--
``(A) the selection of internal and external candidates for
employment with the Office of the Inspector General; and
``(B) all other personnel decisions concerning personnel
permanently assigned to the Office of Inspector General,
including selection and appointment to the Senior
Intelligence Service, but excluding all security based
determinations that are not within the authority of a head of
a component of the Office of the Director of National
Intelligence.
[[Page S9469]]
``(4)(A) Subject to the concurrence of the Director of
National Intelligence, the Inspector General may request such
information or assistance as may be necessary for carrying
out the duties and responsibilities of the Inspector General
from any department, agency, or other element of the United
States Government.
``(B) Upon request of the Inspector General for information
or assistance under subparagraph (A), the head of the
department, agency, or element concerned shall, insofar as is
practicable and not in contravention of any existing
statutory restriction or regulation of the department,
agency, or element, furnish to the Inspector General, or to
an authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community
may, upon reasonable notice to the head of any element of the
intelligence community and in coordination with that
element's inspector general pursuant to subsection (h),
conduct, as authorized by this section, an investigation,
inspection, audit, or review of such element and may enter
into any place occupied by such element for purposes of the
performance of the duties of the Inspector General.
``(k) Reports.--(1)(A) The Inspector General of the
Intelligence Community shall, not later than January 31 and
July 31 of each year, prepare and submit to the Director of
National Intelligence a classified, and, as appropriate,
unclassified semiannual report summarizing the activities of
the Office of the Inspector General of the Intelligence
Community during the immediately preceding 6-month period
ending December 31 (of the preceding year) and June 30,
respectively. The Inspector General of the Intelligence
Community shall provide any portion of the report involving a
component of a department of the United States Government to
the head of that department simultaneously with submission of
the report to the Director of National Intelligence.
``(B) Each report under this paragraph shall include, at a
minimum, the following:
``(i) A list of the title or subject of each investigation,
inspection, audit, or review conducted during the period
covered by such report.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration of programs and
activities of the intelligence community within the
responsibility and authority of the Director of National
Intelligence, and in the relationships between elements of
the intelligence community, identified by the Inspector
General during the period covered by such report.
``(iii) A description of the recommendations for corrective
action made by the Inspector General during the period
covered by such report with respect to significant problems,
abuses, or deficiencies identified in clause (ii).
``(iv) A statement of whether or not corrective action has
been completed on each significant recommendation described
in previous semiannual reports, and, in a case where
corrective action has been completed, a description of such
corrective action.
``(v) A certification of whether or not the Inspector
General has had full and direct access to all information
relevant to the performance of the functions of the Inspector
General.
``(vi) A description of the exercise of the subpoena
authority under subsection (g)(5) by the Inspector General
during the period covered by such report.
``(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of programs and activities within the
responsibility and authority of the Director of National
Intelligence, and to detect and eliminate fraud and abuse in
such programs and activities.
``(C) Not later than 30 days after the date of receipt of a
report under subparagraph (A), the Director shall transmit
the report to the congressional intelligence committees
together with any comments the Director considers
appropriate. The Director shall transmit to the committees of
the Senate and of the House of Representatives with
jurisdiction over a department of the United States
Government any portion of the report involving a component of
such department simultaneously with submission of the report
to the congressional intelligence committees.
``(2)(A) The Inspector General shall report immediately to
the Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to programs and activities within the
responsibility and authority of the Director of National
Intelligence.
``(B) The Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within 7 calendar days of receipt of such report, together
with such comments as the Director considers appropriate. The
Director shall transmit to the committees of the Senate and
of the House of Representatives with jurisdiction over a
department of the United States Government any portion of
each report under subparagraph (A) that involves a problem,
abuse, or deficiency related to a component of such
department simultaneously with transmission of the report to
the congressional intelligence committees.
``(3)(A) In the event that--
``(i) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(ii) an investigation, inspection, audit, or review
carried out by the Inspector General focuses on any current
or former intelligence community official who--
``(I) holds or held a position in an element of the
intelligence community that is subject to appointment by the
President, whether or not by and with the advice and consent
of the Senate, including such a position held on an acting
basis;
``(II) holds or held a position in an element of the
intelligence community, including a position held on an
acting basis, that is appointed by the Director of National
Intelligence; or
``(III) holds or held a position as head of an element of
the intelligence community or a position covered by
subsection (b) or (c) of section 106;
``(iii) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by
a current or former official described in clause (ii);
``(iv) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in clause (ii); or
``(v) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection,
audit, or review,
the Inspector General shall immediately notify, and submit a
report to, the congressional intelligence committees on such
matter.
``(B) The Inspector General shall submit to the committees
of the Senate and of the House of Representatives with
jurisdiction over a department of the United States
Government any portion of each report under subparagraph (A)
that involves an investigation, inspection, audit, or review
carried out by the Inspector General focused on any current
or former official of a component of such department
simultaneously with submission of the report to the
congressional intelligence committees.
``(4) Pursuant to title V, the Director shall submit to the
congressional intelligence committees any report or findings
and recommendations of an investigation, inspection, audit,
or review conducted by the office which has been requested by
the Chairman or Vice Chairman or Ranking Minority Member of
either committee.
``(5)(A) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of contract
personnel to the intelligence community who intends to report
to Congress a complaint or information with respect to an
urgent concern may report such complaint or information to
the Inspector General.
``(B) Not later than the end of the 14-calendar-day period
beginning on the date of receipt from an employee of a
complaint or information under subparagraph (A), the
Inspector General shall determine whether the complaint or
information appears credible. Upon making such a
determination, the Inspector General shall transmit to the
Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector
General under subparagraph (B), the Director shall, within 7
calendar days of such receipt, forward such transmittal to
the congressional intelligence committees, together with any
comments the Director considers appropriate.
``(D)(i) If the Inspector General does not find credible
under subparagraph (B) a complaint or information submitted
under subparagraph (A), or does not transmit the complaint or
information to the Director in accurate form under
subparagraph (B), the employee (subject to clause (ii)) may
submit the complaint or information to Congress by contacting
either or both of the congressional intelligence committees
directly.
``(ii) An employee may contact the intelligence committees
directly as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the
congressional intelligence committees in accordance with
appropriate security practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or
information under clause (i) does so in that member or
employee's official capacity as a member or employee of such
committee.
``(E) The Inspector General shall notify an employee who
reports a complaint or information to the Inspector General
under this paragraph of each action taken under this
paragraph with respect to the complaint or information. Such
notice shall be provided not later than 3 days after any such
action is taken.
``(F) An action taken by the Director or the Inspector
General under this paragraph shall not be subject to judicial
review.
``(G) In this paragraph, the term `urgent concern' means
any of the following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the
funding, administration, or operation of an intelligence
activity
[[Page S9470]]
within the responsibility and authority of the Director of
National Intelligence involving classified information, but
does not include differences of opinions concerning public
policy matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(iii) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with
this paragraph.
``(H) In support of this paragraph, Congress makes the
findings set forth in paragraphs (1) through (6) of section
701(b) of the Intelligence Community Whistleblower Protection
Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App.
8H note).
``(I) Nothing in this section shall be construed to limit
the protections afforded to an employee under the
Intelligence Community Whistleblower Protection Act of 1988
(title VII of Public Law 105-272, 5 U.S.C. App. 8H note).
``(6) In accordance with section 535 of title 28, United
States Code, the Inspector General shall expeditiously report
to the Attorney General any information, allegation, or
complaint received by the Inspector General relating to
violations of Federal criminal law that involves a program or
operation of an element of the intelligence community, or in
the relationships between the elements of the intelligence
community, consistent with such guidelines as may be issued
by the Attorney General pursuant to subsection (b)(2) of such
section. A copy of each such report shall be furnished to the
Director.
``(l) Construction of Duties Regarding Elements of
Intelligence Community.--Except as resolved pursuant to
subsection (h), the performance by the Inspector General of
the Intelligence Community of any duty, responsibility, or
function regarding an element of the intelligence community
shall not be construed to modify or affect the duties and
responsibilities of any other Inspector General, whether
statutory or administrative, having duties and
responsibilities relating to such element.
``(m) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures to be
issued by the Director in consultation with the congressional
intelligence committees, include in the National Intelligence
Program budget a separate account for the Office of Inspector
General of the Intelligence Community.
``(n) Budget.--(1) For each fiscal year, the Inspector
General of the Intelligence Community shall transmit a budget
estimate and request to the Director of National Intelligence
that specifies for such fiscal year--
``(A) the aggregate amount requested for the operations of
the Inspector General;
``(B) the amount requested for all training requirements of
the Inspector General, including a certification from the
Inspector General that the amount requested is sufficient to
fund all training requirements for the Office of the
Inspector General; and
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency, including a
justification of such amount.
``(2) In transmitting a proposed budget to the President
for a fiscal year, the Director of National Intelligence
shall include for such fiscal year--
``(A) the aggregate amount requested for the Inspector
General of the Intelligence Community;
``(B) the amount requested by the Inspector General for
training;
``(C) the amounts requested to support of the Council of
the Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to the proposal.
``(3) The Director of National Intelligence shall submit to
the congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives for each
fiscal year--
``(A) a separate statement of the budget estimate
transmitted pursuant to paragraph (1);
``(B) the amount requested by the Director for the
Inspector General pursuant to paragraph (2);
``(C) the amount requested by the Director for training for
personnel of the Office of the Inspector General;
``(D) the amount requested by the Director for support for
the Council of the Inspectors General on Integrity and
Efficiency; and
``(E) the comments of the Inspector General, if any, on the
amount requested pursuant to paragraph (2), including whether
such amount would substantially inhibit the Inspector General
from performing the duties of the Office of the Inspector
General.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 103G
the following new item:
``Sec. 103H. Inspector General of the Intelligence Community.''.
(b) Pay of Inspector General.--Subparagraph (A) of section
4(a)(3) of the Inspector General Reform Act of 2008 (Public
Law 110-409; 5 U.S.C. App. note) is amended by inserting
``the Inspector General of the Intelligence Community,''
after ``basic pay of''.
(c) Construction.--Nothing in the amendment made by
subsection (a)(1) shall be construed to alter the duties and
responsibilities of the General Counsel of the Office of the
Director of National Intelligence. The Counsel to the
Inspector General of the Intelligence Community appointed
pursuant to section 103H(i) of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as added by subsection (a)(1),
shall perform the functions as such Inspector General may
prescribe.
(d) Repeal of Superseded Authority To Establish Position.--
(1) In general.--Section 8K of the Inspector General Act of
1978 (5 U.S.C. App.) shall be repealed on the date that the
President nominates the first individual to serve as
Inspector General for the Intelligence Community pursuant to
section 103H of the National Security Act of 1947, as added
by subsection (a).
(2) Transition.--Notwithstanding the repeal of section 8K
of the Inspector General Act of 1978 (5 U.S.C. App.) pursuant
to paragraph (1), the individual serving as Inspector General
pursuant to such section 8K may continue such service until
an individual is appointed as the Inspector General of the
Intelligence Community, by and with the advice and consent of
the Senate, pursuant to such section 103H and assumes the
duties of that position.
SEC. 408. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE
COMMUNITY.
(a) Establishment.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 407 of
this Act, is further amended by inserting after section 103H,
as added by section 407(a)(1), the following new section:
``chief financial officer of the intelligence community
``Sec. 103I. (a) Chief Financial Officer of the
Intelligence Community.--To assist the Director of National
Intelligence in carrying out the responsibilities of the
Director under this Act and other applicable provisions of
law, there shall be within the Office of the Director of
National Intelligence a Chief Financial Officer of the
Intelligence Community who shall be appointed by the
Director.
``(b) Duties and Responsibilities.--Subject to the
direction of the Director of National Intelligence, the Chief
Financial Officer of the Intelligence Community shall--
``(1) serve as the principal advisor to the Director of
National Intelligence and the Principal Deputy Director of
National Intelligence on the management and allocation of
intelligence community budgetary resources;
``(2) establish and oversee a comprehensive and integrated
strategic process for resource management within the
intelligence community;
``(3) ensure that the strategic plan of the Director of
National Intelligence--
``(A) is based on budgetary constraints as specified in the
Future Year Intelligence Plans and Long-term Budget
Projections required by this Act; and
``(B) contains specific goals and objectives to support a
performance-based budget;
``(4) ensure that--
``(A) current and future major system acquisitions have
validated national requirements for meeting the strategic
plan of the Director; and
``(B) such requirements are prioritized based on budgetary
constraints, as specified in the Future Year Intelligence
Plans and the Long-term Intelligence Projections required by
this Act;
``(5) prior to the obligation or expenditure of funds for
the acquisition of any major system pursuant to a Milestone A
or Milestone B decision, determine that such acquisition
complies with the requirements of paragraph (4);
``(6) ensure that the architectures of the Director are
based on budgetary constraints as specified in the Future
Year Intelligence Plans and the Long-term Budget Projections
required by this Act;
``(7) coordinate or approve representations made to
Congress by the intelligence community regarding National
Intelligence Program budgetary resources;
``(8) preside, or assist in presiding, over any mission
requirements, acquisition, or architectural board formed
within or by the Office of the Director of National
Intelligence; and
``(9) perform such other duties as may be prescribed by the
Director of National Intelligence or specified by law.
``(c) Other Law.--The Chief Financial Officer of the
Intelligence Community shall serve as the Chief Financial
Officer of the intelligence community and, to the extent
applicable, shall have the duties, responsibilities, and
authorities specified in the Chief Financial Officers Act of
1990 (Public Law 101-576; 104 Stat. 2823) and the amendments
made by that Act.
``(d) Prohibition on Simultaneous Service as Other Chief
Financial Officer.--An individual serving in the position of
Chief Financial Officer of the Intelligence Community may
not, while so serving, serve as the chief financial officer
of any other department or agency, or component thereof, of
the United States Government.
``(e) Definitions.--In this section:
``(1) The term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
``(2) The term `Milestone A' means a decision to enter into
concept refinement and technology maturity demonstration
pursuant to guidance issued by the Director of National
Intelligence.
[[Page S9471]]
``(3) The term `Milestone B' means a decision to enter into
system development, integration, and demonstration pursuant
to guidance prescribed by the Director of National
Intelligence.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by
section 406, is further amended by inserting after the item
relating to section 103H, as added by section 407(a)(2) the
following new item:
``Sec. 103I. Chief Financial Officer of the Intelligence Community.''.
SEC. 409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND
OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a)
of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is
amended--
(1) by striking ``(a) Establishment.--Not later than 18
months after the date of the enactment of the National
Security Intelligence Reform Act of 2004, the'' and inserting
the following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the National
Counter Proliferation Center, who shall be appointed by the
Director of National Intelligence.
``(3) Location.--The National Counter Proliferation Center
shall be located within the Office of the Director of
National Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
3(c)) is amended--
(1) by redesignating paragraph (9) as paragraph (14); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism
Center.
``(12) The Director of the National Counter Proliferation
Center.
``(13) The Chief Financial Officer of the Intelligence
Community''.
SEC. 410. NATIONAL SPACE INTELLIGENCE OFFICE.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
``national space intelligence office
``Sec. 119C. (a) Establishment.--There is established
within the Office of the Director of National Intelligence a
National Space Intelligence Office.
``(b) Director of National Space Intelligence Office.--The
National Intelligence Officer for Science and Technology, or
a successor position designated by the Director of National
Intelligence, shall act as the Director of the National Space
Intelligence Office.
``(c) Missions.--The National Space Intelligence Office
shall have the following missions:
``(1) To coordinate and provide policy direction for the
management of space-related intelligence assets.
``(2) To prioritize collection activities consistent with
the National Intelligence Collection Priorities framework, or
a successor framework or other document designated by the
Director of National Intelligence.
``(3) To provide policy direction for programs designed to
ensure a sufficient cadre of government and nongovernment
personnel in fields relating to space intelligence, including
programs to support education, recruitment, hiring, training,
and retention of qualified personnel.
``(4) To evaluate independent analytic assessments of
threats to classified United States space intelligence
systems throughout all phases of the development,
acquisition, and operation of such systems.
``(d) Access to Information.--The Director of National
Intelligence shall ensure that the National Space
Intelligence Office has access to all national intelligence
information (as appropriate), and such other information (as
appropriate and practical), necessary for the Office to carry
out the missions of the Office under subsection (c).
``(e) Separate Budget Account.--The Director of National
Intelligence shall include in the National Intelligence
Program budget a separate line item for the National Space
Intelligence Office.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 119B
the following new item:
``Sec. 119C. National Space Intelligence Office.''.
(b) Report on Organization of Office.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
National Space Intelligence Office shall submit to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a report on the organizational structure of
the National Space Intelligence Office established by section
119C of the National Security Act of 1947 (as added by
subsection (a)).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The proposed organizational structure of the National
Space Intelligence Office.
(B) An identification of key participants in the Office.
(C) A strategic plan for the Office during the 5-year
period beginning on the date of the report.
SEC. 411. PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Title VII of the National Security Act of
1947 (50 U.S.C. 431 et seq.) is amended by adding at the end
the following new section:
``protection of certain files of the office of the director of national
intelligence
``Sec. 706. (a) Inapplicability of FOIA to Exempted
Operational Files Provided to ODNI.--(1) Subject to paragraph
(2), the provisions of section 552 of title 5, United States
Code, that require search, review, publication, or disclosure
of a record shall not apply to a record provided to the
Office by an element of the intelligence community from the
exempted operational files of such element.
``(2) Paragraph (1) shall not apply with respect to a
record of the Office that--
``(A) contains information derived or disseminated from an
exempted operational file, unless such record is created by
the Office for the sole purpose of organizing such exempted
operational file for use by the Office;
``(B) is disseminated by the Office to a person other than
an officer, employee, or contractor of the Office; or
``(C) is no longer designated as an exempted operational
file in accordance with this title.
``(b) Effect of Providing Files to ODNI.--Notwithstanding
any other provision of this title, an exempted operational
file that is provided to the Office by an element of the
intelligence community shall not be subject to the provisions
of section 552 of title 5, United States Code, that require
search, review, publication, or disclosure of a record solely
because such element provides such exempted operational file
to the Office.
``(c) Definitions.--In this section:
``(1) The term `exempted operational file' means a file of
an element of the intelligence community that, in accordance
with this title, is exempted from the provisions of section
552 of title 5, United States Code, that require search,
review, publication, or disclosure of such file.
``(2) Except as otherwise specifically provided, the term
`Office' means the Office of the Director of National
Intelligence.
``(d) Search and Review for Certain Purposes.--
Notwithstanding subsection (a) or (b), exempted operational
files shall continue to be subject to search and review for
information concerning any of the following:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a
of title 5, United States Code.
``(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code.
``(3) The specific subject matter of an investigation for
any impropriety or violation of law, Executive order, or
Presidential directive, in the conduct of an intelligence
activity by any of the following:
``(A) The Select Committee on Intelligence of the Senate.
``(B) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office.
``(F) The Office of the Inspector General of the
Intelligence Community.
``(e) Decennial Review of Exempted Operational Files.--(1)
Not less than once every 10 years, the Director of National
Intelligence shall review the operational files exempted
under subsection (a) to determine whether such files, or any
portion of such files, may be removed from the category of
exempted files.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public
interest in the subject matter of the particular category of
files or portions thereof and the potential for declassifying
a significant part of the information contained therein.
``(3) A complainant that alleges that the Director of
National Intelligence has improperly withheld records because
of failure to comply with this subsection may seek judicial
review in the district court of the United States of the
district in which any of the parties reside, or in the
District of Columbia. In such a proceeding, the court's
review shall be limited to determining the following:
``(A) Whether the Director has conducted the review
required by paragraph (1) before the expiration of the 10-
year period beginning on the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2010 or before
the expiration of the 10-year period beginning on the date of
the most recent review.
``(B) Whether the Director of National Intelligence, in
fact, considered the criteria set forth in paragraph (2) in
conducting the required review.
``(f) 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.
``(g) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as
[[Page S9472]]
provided in paragraph (2), whenever any person who has
requested agency records under section 552 of title 5, United
States Code, alleges that the Office has withheld records
improperly because of failure to comply with any provision of
this section, judicial review shall be available under the
terms set forth in section 552(a)(4)(B) of title 5, United
States Code.
``(2) Judicial review shall not be available in the manner
provided for under paragraph (1) as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive order
to be kept secret in the interests of national defense or
foreign relations is filed with, or produced for, the court
by the Office, such information shall be examined ex parte,
in camera by the court.
``(B) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written
submissions of the parties.
``(C)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Office 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 files likely to contain responsive records are
records provided to the Office by an element of the
intelligence community from the exempted operational files of
such element.
``(ii) The court may not order the Office to review the
content of any exempted 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.
``(D) In proceedings under subparagraph (C), a party may
not obtain discovery pursuant to rules 26 through 36 of the
Federal Rules of Civil Procedure, except that requests for
admissions may be made pursuant to rules 26 and 36.
``(E) If the court finds under this subsection that the
Office has improperly withheld requested records because of
failure to comply with any provision of this section, the
court shall order the Office to search and review the
appropriate exempted 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.
``(F) If at any time following the filing of a complaint
pursuant to this paragraph the Office agrees to search the
appropriate exempted file or files for the requested records,
the court shall dismiss the claim based upon such
complaint.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 705
the following new item:
``Sec. 706. Protection of certain files of the Office of the Director
of National Intelligence.''.
SEC. 412. COUNTERINTELLIGENCE INITIATIVES FOR THE
INTELLIGENCE COMMUNITY.
Section 1102 of the National Security Act of 1947 (50
U.S.C. 442a) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by striking ``(1) In'' and inserting ``In''; and
(2) in subsection (c)--
(A) by striking paragraph (2); and
(B) by striking ``(1) The'' and inserting ``The''.
SEC. 413. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF
NATIONAL INTELLIGENCE AND THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
Subsection (j) of section 552a of title 5, United States
Code, is amended--
(1) in paragraph (1), by striking ``or'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) maintained by the Office of the Director of National
Intelligence; or''.
SEC. 414. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT
TO ADVISORY COMMITTEES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Section 4(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or'';
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) the Office of the Director of National
Intelligence.''.
(b) Annual Report.--The Director of National Intelligence
and the Director of the Central Intelligence Agency shall
each submit to the congressional intelligence committees an
annual report on advisory committees created by each such
Director. Each report shall include--
(1) a description of each such advisory committee,
including the subject matter of the committee; and
(2) a list of members of each such advisory committee.
SEC. 415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE
ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.
Subparagraph (F) of section 115(b)(1) of title 49, United
States Code, is amended to read as follows:
``(F) The Director of National Intelligence, or the
Director's designee.''.
SEC. 416. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE
OFFICE OF THE NATIONAL COUNTERINTELLIGENCE
EXECUTIVE.
(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (title IX of
Public Law 107-306; 50 U.S.C. 402c) is amended--
(1) by striking subsections (d), (h), (i), and (j);
(2) by redesignating subsections (e), (f), (g), (k), (l),
and (m) as subsections (d), (e), (f), (g), (h), and (i),
respectively; and
(3) in subsection (f), as redesignated by paragraph (2), by
striking paragraphs (3) and (4).
(b) Conforming Amendments.--Such section 904 is further
amended--
(1) in subsection (d), as redesignated by subsection (a)(2)
of this section, by striking ``subsection (f)'' each place it
appears in paragraphs (1) and (2) and inserting ``subsection
(e)''; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection (e)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection (e)(2)'' and
inserting ``subsection (d)(2)''.
SEC. 417. MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE NAME, INITIALS, OR SEAL.
(a) Prohibited Acts.--No person may, except with the
written permission of the Director of National Intelligence,
or a designee of the Director, knowingly use the words
``Office of the Director of National Intelligence'', the
initials ``ODNI'', the seal of the Office of the Director of
National Intelligence, or any colorable imitation of such
words, initials, or seal in connection with any merchandise,
impersonation, solicitation, or commercial activity in a
manner reasonably calculated to convey the impression that
such use is approved, endorsed, or authorized by the Director
of National Intelligence.
(b) Injunction.--Whenever it appears to the Attorney
General that any person is engaged or is about to engage in
an act or practice which constitutes or will constitute
conduct prohibited by subsection (a), the Attorney General
may initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court
shall proceed as soon as practicable to the hearing and
determination of such action and may, at any time before
final determination, enter such restraining orders or
prohibitions, or take such other action as is warranted, to
prevent injury to the United States or to any person or class
of persons for whose protection the action is brought.
Subtitle B--Central Intelligence Agency
SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE
PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.
Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(a)(4)) is amended--
(1) by striking ``and the protection'' and inserting ``the
protection''; and
(2) by inserting before the semicolon the following: ``,
and the protection of the Director of National Intelligence
and such personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate''.
SEC. 422. APPEALS FROM DECISIONS INVOLVING CONTRACTS OF THE
CENTRAL INTELLIGENCE AGENCY.
Section 8(d) of the Contract Disputes Act of 1978 (41
U.S.C. 607(d)) is amended by adding at the end the following
new sentence: ``Notwithstanding any other provision of this
section and any other provision of law, an appeal from a
decision of a contracting officer of the Central Intelligence
Agency relative to a contract made by that agency may be
filed with whichever of the Armed Services Board of Contract
Appeals or the Civilian Board of Contract Appeals is
specified in the contract as the Board to which such an
appeal may be made; and the Board so specified shall have
jurisdiction to decide that appeal.''.
SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment and Duties of the Position of Deputy
Director of Central Intelligence Agency.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by adding after
section 104A the following:
``SEC. 104B. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY.
``(a) Deputy Director of Central Intelligence Agency.--
There is a Deputy Director of the Central Intelligence Agency
who shall be appointed by the President, by and with the
consent of the Senate.
``(b) Duties of Deputy Director of Central Intelligence
Agency.--The Deputy Director of the Central Intelligence
Agency shall--
``(1) assist the Director of the Central Intelligence
Agency in carrying out the duties and responsibilities of the
Director of the Central Intelligence Agency; and
``(2) act for, and exercise the powers of, the Director of
the Central Intelligence Agency during the absence or
disability of the Director of the Central Intelligence
Agency, or
[[Page S9473]]
during a vacancy in the position of Director of the Central
Intelligence Agency.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 104A
the following:
``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.
(b) Executive Schedule III.--Section 5314 of Title 5,
United States Code, is amended by striking the item relating
to the Deputy Directors of the Central Intelligence Agency
(2) and inserting the following:
``Deputy Director of the Central Intelligence Agency.''.
(c) Effective Date and Applicability.--The amendment made
by subsection (a) shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(1) the date of the appointment by the President of an
individual to serve as Deputy Director of the Central
Intelligence Agency, except that the individual
administratively performing the duties of the Deputy Director
of the Central Intelligence Agency as of the date of the
enactment of this Act may continue to perform such duties
until the individual appointed to the position of Deputy
Director of the Central Intelligence Agency, by and with the
advice and consent of the Senate, assumes the duties of such
position; or
(2) the date of the cessation of the performance of the
duties of Deputy Director of the Central Intelligence Agency
by the individual administratively performing such duties as
of the date of the enactment of this Act.
SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COMMON CARRIER.
Subsection (b) of section 116 of the National Security Act
of 1947 (50 U.S.C. 404k) is amended by striking the period at
the end and inserting ``, who may delegate such authority to
other appropriate officials of the Central Intelligence
Agency.''.
SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE
AGENCY.
(a) Appointment and Qualifications of the Inspector
General.--Paragraph (1) of section 17(b) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(b)) is
amended by striking the second and third sentence and
inserting ``This appointment shall be made without regard to
political affiliation and shall be on the basis of integrity
and demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigation. Such appointment shall also be made on the
basis of compliance with the security standards of the Agency
and prior experience in the field of foreign intelligence.''.
(b) Removal of the Inspector General.--Paragraph (6) of
section 17(b) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(b)) is amended--
(1) by striking ``immediately''; and
(2) by striking the period at the end and inserting ``not
later than 30 days prior to the effective date of such
removal.''.
(c) Application of Semiannual Reporting Requirements With
Respect to Review Reports.--Paragraph (1) of section 17(d) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(d)) is amended in the matter preceding subparagraph (A)
by inserting ``review,'' after ``investigation,''.
(d) Protection Against Reprisals.--Subparagraph (B) of
section 17(e)(3) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(e)(3)) is amended by inserting ``or
providing such information'' after ``making such complaint''.
(e) Inspector General Subpoena Power.--Subparagraph (A) of
section 17(e)(5) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(e)(5)) is amended by inserting ``in any
medium (including electronically stored information or any
tangible thing)'' after ``other data''.
(f) Other Administrative Authorities.--
(1) In general.--Subsection (e) of section 17 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q) is
amended--
(A) by redesignating paragraph (8) as subparagraph (9);
(B) in paragraph (9), as so redesignated--
(i) by striking ``Subject to the concurrence of the
Director, the'' and inserting ``The''; and
(ii) by adding at the end ``Consistent with budgetary and
personnel resources allocated by the Director, the Inspector
General has final approval of--
``(A) the selection of internal and external candidates for
employment with the Office of Inspector General; and
``(B) all other personnel decisions concerning personnel
permanently assigned to the Office of Inspector General,
including selection and appointment to the Senior
Intelligence Service, but excluding all security based
determinations that are not within the authority of a head of
other Central Intelligence Agency offices.''; and
(C) by inserting after paragraph (7) the following:
``(8) The Inspector General shall--
``(A) appoint a Counsel to the Inspector General who shall
report to the Inspector General; or
``(B) obtain the services of a counsel appointed by and
directly reporting to another Inspector General or the
Council of the Inspectors General on Integrity and Efficiency
on a reimbursable basis.''.
(2) Construction.--Nothing in the amendment made by
paragraph (1)(C) shall be construed to alter the duties and
responsibilities of the General Counsel of the Central
Intelligence Agency. The Counsel to the Inspector General of
the Central Intelligence Agency appointed pursuant to section
17(e)(8) of the Central Intelligence Agency Act of 1949, as
added by such paragraph, shall perform the functions as such
Inspector General may prescribe.
SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
Subsection (f) of section 17 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403q) is amended--
(1) by inserting ``(1)'' before ``Beginning''; and
(2) by adding at the end the following:
``(2) For each fiscal year, the Inspector General shall
transmit a budget estimate and request through the Director
to the Director of National Intelligence that specifies for
such fiscal year--
``(A) the aggregate amount requested for the operations of
the Inspector General;
``(B) the amount requested for all training requirements of
the Inspector General, including a certification from the
Inspector General that the amount requested is sufficient to
fund all training requirements for the Office; and
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency, including a
justification of such amount.
``(3) In transmitting a proposed budget to the President
for a fiscal year, the Director of National Intelligence
shall include for such fiscal year--
``(A) the aggregate amount requested for the Inspector
General of the Central Intelligence Agency;
``(B) the amount requested for Inspector General for
training;
``(C) the amounts requested to support of the Council of
the Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to the proposal.
``(4) The Director of National Intelligence shall submit to
the Committee on Appropriations and the Select Committee on
Intelligence of the Senate and the Committee on
Appropriations and the Permanent Select Committee on
Intelligence of the House of Representatives for each fiscal
year--
``(A) a separate statement of the budget estimate
transmitted pursuant to paragraph (2);
``(B) the amount requested by the Director of National
Intelligence for the Inspector General pursuant to paragraph
(3);
``(C) the amount requested by the Director of National
Intelligence for training for personnel of the Office;
``(D) the amount requested by the Director of National
Intelligence for support for the Council of the Inspectors
General on Integrity and Efficiency; and
``(E) the comments of the Inspector General, if any, on the
amount requested pursuant to paragraph (3), including whether
such amount would substantially inhibit the Inspector General
from performing the duties of the Office.''.
SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED VERSIONS OF
CERTAIN INTELLIGENCE PRODUCTS.
The Director of the Central Intelligence Agency shall make
publicly available an unclassified version of any memoranda
or finished intelligence products assessing the information
gained from high-value detainee reporting dated April 3,
2003, July 15, 2004, March 2, 2005, and June 1, 2005.
Subtitle C--Defense Intelligence Components
SEC. 431. INSPECTOR GENERAL MATTERS.
(a) Coverage Under Inspector General Act of 1978.--
Subsection (a)(2) of section 8G of the Inspector General Act
of 1978 (5 U.S.C. App. 8G) is amended--
(1) by inserting ``the Defense Intelligence Agency,'' after
``the Corporation for Public Broadcasting,'';
(2) by inserting ``the National Geospatial-Intelligence
Agency,'' after ``the National Endowment for the
Humanities,''; and
(3) by inserting ``the National Reconnaissance Office, the
National Security Agency,'' after ``the National Labor
Relations Board,''.
(b) Certain Designations Under Inspector General Act of
1978.--Subsection (a) of section 8H of the Inspector General
Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the
end the following new paragraph:
``(3) The Inspectors General of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and the National Security
Agency shall be designees of the Inspector General of the
Department of Defense for purposes of this section.''.
(c) Power of Heads of Elements Over Investigations.--
Subsection (d) of section 8G of such Act (5 U.S.C. App. 8G)
is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) in the second sentence of paragraph (1), as designated
by paragraph (1) of this subsection, by striking ``The head''
and inserting ``Except as provided in paragraph (2), the
head''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The Secretary of Defense, in consultation with the
Director of National Intelligence, may prohibit the Inspector
General of an element of the intelligence community specified
in subparagraph (D) from initiating, carrying out, or
completing any audit or investigation if the Secretary
determines that the prohibition is necessary to
[[Page S9474]]
protect vital national security interests of the United
States.
``(B) If the Secretary exercises the authority under
subparagraph (A), the Secretary shall submit to the
committees of Congress specified in subparagraph (E) an
appropriately classified statement of the reasons for the
exercise of the authority not later than 7 days after the
exercise of the authority.
``(C) At the same time the Secretary submits under
subparagraph (B) a statement on the exercise of the authority
in subparagraph (A) to the committees of Congress specified
in subparagraph (E), the Secretary shall notify the Inspector
General of such element of the submittal of such statement
and, to the extent consistent with the protection of
intelligence sources and methods, provide the Inspector
General with a copy of such statement. The Inspector General
may submit to such committees of Congress any comments on a
notice or statement received by the Inspector General under
this subparagraph that the Inspector General considers
appropriate.
``(D) The elements of the intelligence community specified
in this subparagraph are as follows:
``(i) The Defense Intelligence Agency.
``(ii) The National Geospatial-Intelligence Agency.
``(iii) The National Reconnaissance Office.
``(iv) The National Security Agency.
``(E) The committees of Congress specified in this
subparagraph are--
``(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.
SEC. 432. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN
COMPONENTS OF THE INTELLIGENCE COMMUNITY.
(a) Director of National Security Agency.--The National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended
by inserting after the first section the following new
section:
``Sec. 2. (a) There is a Director of the National Security
Agency.
``(b) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(c) The Director of the National Security Agency shall be
the head of the National Security Agency and shall discharge
such functions and duties as are provided by this Act or
otherwise by law.''.
(b) Director of National Geospatial-Intelligence Agency.--
Section 441(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of the National Geospatial-Intelligence
Agency shall be appointed by the President, by and with the
advice and consent of the Senate.''.
(c) Director of National Reconnaissance Office.--The
Director of the National Reconnaissance Office shall be
appointed by the President, by and with the advice and
consent of the Senate.
(d) Positions of Importance and Responsibility.--
(1) Designation of positions.--The President may designate
any of the positions referred to in paragraph (2) as
positions of importance and responsibility under section 601
of title 10, United States Code.
(2) Covered positions.--The positions referred to in this
paragraph are as follows:
(A) The Director of the National Security Agency.
(B) The Director of the National Geospatial-Intelligence
Agency.
(C) The Director of the National Reconnaissance Office.
(e) Effective Date and Applicability.--
(1) In general.--The amendments made by subsections (a) and
(b), and subsection (c), shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(A) the date of the nomination by the President of an
individual to serve in the position concerned, except that
the individual serving in such position as of the date of the
enactment of this Act may continue to perform such duties
after such date of nomination and until the individual
appointed to such position, by and with the advice and
consent of the Senate, assumes the duties of such position;
or
(B) the date of the cessation of the performance of the
duties of such position by the individual performing such
duties as of the date of the enactment of this Act.
(2) Positions of importance and responsibility.--Subsection
(d) shall take effect on the date of the enactment of this
Act.
SEC. 433. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR
ANALYSIS AND DISSEMINATION OF CERTAIN
INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National
Intelligence, the National Geospatial-Intelligence Agency
shall also develop a system to facilitate the analysis,
dissemination, and incorporation of likenesses, videos, and
presentations produced by ground-based platforms, including
handheld or clandestine photography taken by or on behalf of
human intelligence collection organizations or available as
open-source information, into the National System for
Geospatial Intelligence.
``(B) The authority provided by this paragraph does not
include authority for the National Geospatial-Intelligence
Agency to manage tasking of handheld or clandestine
photography taken by or on behalf of human intelligence
collection organizations.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
SEC. 434. DEFENSE INTELLIGENCE AGENCY COUNTERINTELLIGENCE AND
EXPENDITURES.
Section 105 of the National Security Act of 1947 (50 U.S.C.
403-5) is amended--
(1) in subsection (b)(5), by inserting ``and
counterintelligence'' after ``human intelligence'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Expenditure of Funds by the Defense Intelligence
Agency.--(1) The amounts made available to the Director of
the Defense Intelligence Agency for human intelligence and
counterintelligence activities may be expended for objects of
a confidential, extraordinary, or emergency nature, without
regard to the provisions of law or regulation relating to the
expenditure of Government funds, if accounted for by a
certificate made by Director of the Defense Intelligence
Agency. Each such certificate shall be deemed a sufficient
voucher for the amount certified.
``(2) Not later than December 1 of each year, the Director
of the Defense Intelligence Agency shall submit to the
congressional intelligence committees a report on any
expenditures made during the preceding fiscal year pursuant
to the authority described in paragraph (1).''.
Subtitle D--Other Elements
SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after ``the Marine
Corps,''; and
(B) by inserting ``the Drug Enforcement Administration,''
after ``the Federal Bureau of Investigation,''; and
(2) in subparagraph (K), by striking ``, including the
Office of Intelligence of the Coast Guard''.
SEC. 442. AUTHORIZATION OF APPROPRIATIONS FOR COAST GUARD
NATIONAL TACTICAL INTEGRATION OFFICE.
Title 14, United States Code, is amended--
(1) in paragraph (4) of section 93(a), by striking
``function'' and inserting ``function, including research,
development, test, or evaluation related to intelligence
systems and capabilities,''; and
(2) in paragraph (4) of section 662, by inserting
``intelligence systems and capabilities or'' after ``related
to''.
SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE FEDERAL
BUREAU OF INVESTIGATION.
Section 5759 of title 5 of the United States Code, is
amended--
(1) in subsection (a)(2), by striking ``is transferred to a
different geographic area with a higher cost of living'' and
inserting ``is subject to a mobility agreement and is
transferred to a position in a different geographical area in
which there is a shortage of critical skills'';
(2) in subsection (b)(2), by striking the period at the end
and inserting ``, including requirements for a bonus
recipient's repayment of a bonus in circumstances determined
by the Director of the Federal Bureau of Investigation.'';
(3) in subsection (c), by striking ``basic pay.'' and
inserting ``annual rate of basic pay. The bonus may be paid
in a lump sum of installments linked to completion of periods
of service.'';
(4) in subsection (d), by striking ``retention bonus'' and
inserting ``bonus paid under this section''; and
(5) by striking subsection (e).
SEC. 444. EXTENDING THE AUTHORITY OF THE FEDERAL BUREAU OF
INVESTIGATION TO WAIVE MANDATORY RETIREMENT
PROVISIONS.
(a) Civil Service Retirement System.--Subsection (b) of
section 8335 of title 5, United States Code, is amended--
(1) in the paragraph (2) enacted by section 112(a)(2) of
the Department of Justice Appropriations Act, 2005 (title I
of division B of Public Law 108-447; 118 Stat. 2868) is
amended by striking ``2009'' and inserting ``2011''; and
(2) by striking the paragraph (2) enacted by section
2005(a)(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3704).
(b) Federal Employees' Retirement System.--Subsection (b)
of section 8425 of title 5, United States Code, is amended--
(1) in the paragraph (2) enacted by section 112(b)(2) of
the Department of Justice Appropriations Act, 2005 (title I
of division B of Public Law 108-447; 118 Stat. 2868) is
amended by striking ``2009'' and inserting ``2011''; and
(2) by striking the paragraph (2) enacted by section
2005(b)(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3704).
[[Page S9475]]
SEC. 445. REPORT AND ASSESSMENTS ON TRANSFORMATION OF THE
INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU
OF INVESTIGATION.
(a) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation, in consultation with the Director of
National Intelligence, shall submit to the congressional
intelligence committees, the Committee on the Judiciary of
the Senate, and the Committee on the Judiciary of the House
of Representatives a report describing--
(A) a long-term vision for the intelligence capabilities of
the Bureau's National Security Branch;
(B) a strategic plan for the National Security Branch; and
(C) the progress made in advancing the capabilities of the
National Security Branch.
(2) Content.--The report required by paragraph (1) shall
include--
(A) a description of the direction, strategy, and goals for
improving the intelligence capabilities of the National
Security Branch;
(B) a description of the intelligence and national security
capabilities of the National Security Branch that will be
fully functional within the 5-year period beginning on the
date the report is submitted;
(C) a description--
(i) of the internal reforms that were carried out at the
National Security Branch during the 2-year period ending on
the date the report is submitted; and
(ii) of the manner in which such reforms have advanced the
capabilities of the National Security Branch;
(D) an assessment of the effectiveness of the National
Security Branch in performing tasks that are critical to the
effective functioning of the National Security Branch as an
intelligence agency, including--
(i) human intelligence collection, both within and outside
the parameters of an existing case file or ongoing
investigation, in a manner that protects civil liberties;
(ii) intelligence analysis, including the ability of the
National Security Branch to produce, and provide policy-
makers with, information on national security threats to the
United States;
(iii) management, including the ability of the National
Security Branch to manage and develop human capital and
implement an organizational structure that supports the
Branch's objectives and strategies;
(iv) integration of the National Security Branch into the
intelligence community, including an ability to robustly
share intelligence and effectively communicate and operate
with appropriate Federal, State, local, and tribal partners;
(v) implementation of an infrastructure that supports the
national security and intelligence missions of the National
Security Branch, including proper information technology and
facilities; and
(vi) reformation of culture of the National Security
Branch, including its integration of intelligence analysts
and other professional staff into intelligence collection
operations and its success in ensuring that intelligence and
threat information drive its operations; and
(E) performance metrics and specific annual timetables for
advancing the performance of the tasks referred to in clauses
(i) through (vi) of subparagraph (D) and a description of the
activities being undertaken to ensure that the National
Security Branch's performance on such tasks improves.
(b) Annual Assessments.--
(1) Requirement for assessments.--Not later than 180 days
after the date on which the report required by subsection
(a)(1) is submitted, and annually thereafter for each of the
following 5 years, the Director of National Intelligence, in
consultation with the Director of the Federal Bureau of
Investigation, shall submit to the congressional intelligence
committees an assessment of the progress of the National
Security Branch in performing the tasks referred to in
clauses (i) through (vi) of subsection (a)(2)(D) in
comparison to its performance of such tasks during previous
years.
(2) Considerations.--In conducting each assessment required
by paragraph (1), the Director of National Intelligence--
(A) shall use the performance metrics and specific annual
timetables for accomplishing such tasks referred to in
subsection (a)(2)(E); and
(B) may request the assistance of any expert that the
Director considers appropriate, including an inspector
general of an appropriate agency or department.
TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE
SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS
SERVICE PROGRAM OFFICE.
(a) Reorganization of the Diplomatic Telecommunications
Service Program Office.--
(1) In general.--Subtitle B of title III of the
Intelligence Authorization Act for Fiscal Year 2001 (Public
Law 106-567; 22 U.S.C. 7301 et seq.) is amended by striking
sections 321, 322, 323, and 324, and inserting the following:
``SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM
OFFICE.
``(a) Reorganization.--The Diplomatic Telecommunications
Service (hereinafter in this subtitle referred to as `DTS')
shall be reorganized in accordance with this subtitle.
``(b) In General.--The DTS encompasses the Diplomatic
Telecommunications Service Program Office (hereinafter in
this subtitle referred to as `DTS-PO') and the DTS Network.
The DTS Network is a worldwide telecommunications network
supporting all United States Government agencies and
departments operating from diplomatic and consular facilities
abroad.
``(c) Purposes.--The purpose and duties of DTS-PO is to
implement a program for the establishment and maintenance of
a DTS Network capable of providing multiple levels of service
to meet the wide-ranging needs of all United States
Government agencies and departments operating from diplomatic
and consular facilities abroad, including national security
needs for secure, reliable and robust communications
capabilities.
``SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC
TELECOMMUNICATIONS SERVICE GOVERNANCE BOARD.
``(a) Governance Board.--
``(1) Establishment.--There is hereby established the
Diplomatic Telecommunications Service Governance Board
(hereinafter in this subtitle referred to as the `Governance
Board') for the purpose of directing and overseeing the
activities and performance of the DTS Program Office. The
heads of the departments and agencies, designated by the
Director of the Office of Management and Budget from among
the departments and agencies that use the DTS Network, shall
appoint the members of the Governance Board from the
personnel of those departments and agencies so designated.
``(2) Designation of an executive agent.--The Director of
the Office of Management and Budget shall also designate,
from among the departments and agencies that use the DTS
Network, the department or agency which shall be the DTS-PO
Executive Agent.
``(3) Requirement for implementing arrangements.--Subject
to the requirements of this subtitle, the Governance Board
shall determine the written implementing arrangements and
other relevant and appropriate governance processes and
procedures to manage, oversee, resource or otherwise
administer DTS-PO. Such implementing arrangements may be
classified if appropriate in accordance with criteria
established by applicable law or Executive Orders.
``(b) Membership.--
``(1) In general.--
``(A) The Governance Board shall include voting members and
nonvoting members.
``(B) The voting members shall consist of a Chair, who
shall be designated by the Director of the Office of
Management and Budget, and four other members from the
departments and agencies that use the DTS Network.
``(C) The non-voting members shall be representative of DTS
customer organizations and shall act in an advisory capacity.
``(c) Chair Duties and Authorities.--The Governance Board
Chair shall preside over all meetings and deliberations of
the Governance Board and provide its Secretariat functions.
The Governance Board Chair shall propose bylaws governing the
operation of the Governance Board.
``(d) Quorum, Decisions, Meetings.--A quorum of the
Governance Board shall consist of the presence of the Chair
and four voting members. The decisions of the Governance
Board shall require a three-fifths majority of the voting
membership. Meetings will be convened at least four times
each year to carry out its functions. The Chair or any voting
member may convene a meeting of the Governance Board.
``(e) Governance Board Duties and Authorities.--The
Governance Board shall have the following duties and
authorities with respect to DTS-PO, in addition to any other
duties and authorities granted to the Board pursuant to law:
``(1) To approve and monitor DTS-PO's plans, services,
priorities, policies, and pricing methodology for bandwidth
costs and customer-driven projects.
``(2) To recommend to the DTS-PO Executive Agent the
Governance Board's approval, disapproval, or modification of
DTS-PO's annual budget requests.
``(3) To review DTS-PO's performance against approved
plans, its management activities and internal controls.
``(4) To require from DTS-PO any plans, reports, documents
and records the Governance Board considers necessary to
perform its oversight responsibilities.
``(5) To conduct and evaluate independent audits of DTS-PO.
``(6) To approve or disapprove the Executive Agent's
nomination of the Director of DTS-PO with a three-fifths
majority vote of the Governance Board.
``(7) To recommend to the Executive Agent the replacement
of the Director of DTS-PO with a three-fifths majority vote
of the Governance Board.
``(f) National Security Interests.--The Governance Board
shall ensure that those enhancements of, and the provision of
service for, telecommunication capabilities that involve the
national security interests of the United States receive the
highest prioritization.
``SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNICATION
SERVICE.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
for the operations, maintenance, development, enhancement,
modernization, and investment costs of the DTS Network and
DTS-PO. Funds appropriated for allocation to DTS-PO shall be
made available to DTS-PO for a period of two fiscal years.
[[Page S9476]]
``(b) Customer Fees.--DTS-PO shall charge customers for
only those bandwidth costs attributable to the agency or
department and for specific customer-driven projects, as set
forth in section 322(e)(1), for which amounts have not been
appropriated for allocation to DTS-PO. DTS-PO is authorized
to directly receive customer payments and to invoice
customers for the fees under this section either in advance
of, or upon or after, providing the bandwidth or performing
the specific customer-driven projects. Such funds received
from DTS customers shall be made available to DTS-PO for a
period of two fiscal years.''.
(2) Table of contents amendment.--The table of contents in
section 1 of the Intelligence Authorization Act for Fiscal
Year 2001 (Public Law 106-567) is amended by striking the
items relating to sections 321, 322, 323, and 324 and
inserting the following:
``Sec. 321. Diplomatic Telecommunications Service Program Office.
``Sec. 322. Establishment of the Diplomatic Telecommunications Service
Governance Board.
``Sec. 323. Funding of the Diplomatic Telecommunication Service.''.
(b) Conforming Amendments.--
(1) Repeal of suspension of reorganization.--The
Intelligence Authorization Act for Fiscal Year 2002 (Public
Law 107-108; 22 U.S.C. 7301 note) is amended by striking
section 311.
(2) Repeal of reform.--The Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 ((as enacted into law by section 1000(a)(7) of
Public Law 106-113 and contained in appendix G of that Act;
113 Stat. 1501A-405)) is amended by striking section 305.
(3) Repeal of reporting requirements.--Section 507(b) of
the National Security Act of 1947 (50 U.S.C. 415b(b)) is
amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively.
TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Foreign Intelligence and
Information Commission Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) 2005 national intelligence strategy.--The term ``2005
National Intelligence Strategy'' means the National
Intelligence Strategy of the United States of America
released by the Director of National Intelligence on October
26, 2005.
(2) 2006 annual report of the united states intelligence
community and 2006 annual report.--The terms ``2006 Annual
Report of the United States Intelligence Community'' and
``2006 Annual Report'' mean the 2006 Annual Report of the
United States Intelligence Community released by the Director
of National Intelligence in February 2007.
(3) Commission.--The term ``Commission'' means the Foreign
Intelligence and Information Commission established in
section 604(a).
(4) Foreign intelligence, intelligence.--The terms
``foreign intelligence'' and ``intelligence'' have the
meaning given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
(5) Information.--The term ``information'' includes
information of relevance to the foreign policy of the United
States collected and conveyed through diplomatic reporting
and other reporting by personnel of the Government of the
United States who are not employed by an element of the
intelligence community, including public and open-source
information.
(6) Strategic plan of the department of state.--The term
``Strategic Plan of the Department of State'' means the
Strategic Plan for Fiscal Years 2007-2012 of the Department
of State and the United States Agency for International
Development revised on May 7, 2007.
SEC. 603. FINDINGS.
Congress makes the following findings:
(1) Accurate, timely, and comprehensive foreign
intelligence and information are critical to the national
security of United States and the furtherance of the foreign
policy goals of the United States.
(2) It is in the national security and foreign policy
interest of the United States to ensure the global deployment
of personnel of the Government of the United States who are
responsible for collecting and reporting foreign intelligence
and information, including personnel from the intelligence
community, the Department of State, and other agencies and
departments of the Government of the United States, and that
adequate resources are committed to effect such collection
and reporting.
(3) The 2005 National Intelligence Strategy and the 2006
Annual Report of the United States Intelligence Community
identified 5 major missions of the intelligence community to
support the national security requirements of the United
States, the first 2 of which, defeating terrorism and
preventing and countering the spread of weapons of mass
destruction, are global and transnational in nature.
(4) The third major mission identified by the 2005 National
Intelligence Strategy and the 2006 Annual Report, bolstering
the growth of democracy and sustaining peaceful democratic
states, requires a global commitment of collection,
reporting, and analytical capabilities.
(5) The 2005 National Intelligence Strategy and the 2006
Annual Report identify as a major mission the need to
``anticipate developments of strategic concern and identify
opportunities as well as vulnerabilities for decision
makers''.
(6) The 2006 Annual Report provides the following:
(A) ``In a world in which developments in distant reaches
of the globe can quickly affect American citizens and
interests at home and abroad, the Intelligence Community must
alert policy makers to problems before they escalate and
provide insights into their causes and effects. Analysis must
do more than just describe what is happening and why; it must
identify a range of opportunities for (and likely
consequences of) diplomatic, military, law enforcement,
economic, financial, or homeland security action. To support
policymakers, the Intelligence Community should develop,
sustain, and maintain access to expertise on every region,
every transnational security issue, and every threat to the
American people.''.
(B) ``We still need to re-balance, integrate, and optimize
collection capabilities to meet current and future customer
and analytic priorities. Collection is . . . what gives the
[Intelligence Community] its `competitive advantage' in
protecting the United States and its interests.''.
(C) ``One challenge to improving the coverage of emerging
and strategic issues across the Intelligence Community has
been the diversion of resources to current crisis support . .
.''.
(D) ``Collection against terrorists in places like Iraq and
Afghanistan took a substantial share of the [Intelligence
Community's] resources and efforts in FY 2006.''.
(E) ``With so many [Intelligence Community] resources
dedicated to the War on Terror and WMD programs in closed
regimes, the [Intelligence] Community's collection efforts
still have to devote significant attention to potential or
emerging threats of strategic consequence.''.
(7) On January 23, 2007, the Deputy Director of National
Intelligence for Collection testified to the Select Committee
on Intelligence of the Senate that there is a ``need to get
the Intelligence Community back to what I grew up calling
global reach'', stating that ``we don't have that today''.
She further testified that ``our challenge is . . . with
[Congress] help [to get back] to a place where we can do
global reach, and pay attention to places that we are not.''.
(8) On February 14, 2008, the Director of National
Intelligence testified to the Select Committee on
Intelligence of the Senate that ``certainly current crisis
support takes a disproportionate share'' of intelligence
resources over emerging and strategic issues.
(9) In responses to questions posed by the Select Committee
on Intelligence of the Senate in advance of the February 5,
2009 hearing on the nomination of Leon Panetta to be Director
of the Central Intelligence Agency, Mr. Panetta stated that
``I am also concerned that we have not devoted sufficient
resources to a broader set of national intelligence
challenges - such as Russia, China, the global economic
downturn, as well as unstable and weak governments in places
such as Africa and Latin America.''.
(10) On February 12, 2009, the Director of National
Intelligence testified to the Select Committee on
Intelligence of the Senate that ``I'd say the most
significant gaps are the areas that are not traditional state
threats, that we have not figured out the right way to
collect information and we have not grown the analysts to do
it. . .. We're not as good with non-state actors.''.
(11) On March 26, 2009, the Director of National
Intelligence stated that ``We re-evaluate that National
Intelligence Priority Framework formally ever six months and
informally, as we have. And its quite remarkable, if you -
you know those time-lapse pictures where things change? If
you showed a time-lapse picture of that National Intelligence
Priority Framework, you'd see, sort of, colors shifting over
time as things came up, in terms of their threat or in terms
of an opportunity that they - so I just, I think it's a
mistake to tie us down to, this is my important priority.
There are enduring things we have to spend a lot of time on
because you can't instantly generate intelligence about a
country that's very good at keeping its secrets that you know
is going to be a factor for a long time. And we have to work
on those - we have to work on those every time. We have to
keep an excellent baseline understanding of what's going on
in the world, but then we need to be able to flex.''.
(12) The National Commission on Terrorist Attacks Upon the
United States (hereinafter referred to as the ``9/11
Commission'') reported that ``To find sanctuary, terrorist
organizations have fled to some of the least governed, most
lawless places in the world. The intelligence community has
prepared a world map that highlights possible terrorist
havens, using no secret intelligence - just indicating areas
that combine rugged terrain, weak governance, room to hide or
receive supplies, and low population density with a town or
city near enough to allow necessary interaction with the
outside world. Large areas scattered around the world meet
these criteria.''.
(13) The 9/11 Commission recommended that the ``U.S.
government must identify and prioritize actual or potential
terrorist sanctuaries. For each, it should have a realistic
strategy to keep possible terrorists insecure and on the run,
using all elements of national power. We should reach out,
listen to,
[[Page S9477]]
and work with other countries that can help.''.
(14) On May 6, 2008, the Acting Director of the National
Counterterrorism Center testified to the Select Committee on
Intelligence of the Senate that ``I wish I had more resources
to dedicate to longer-term threats, absolutely,'' that ``much
of the information about the instability that can lead to
safe havens or ideological radicalization comes not from
covert collection but from open collection, best done by
Foreign Service officers,'' and that there should be ways to
direct resources toward whoever is best positioned to learn
about safe-haven conditions.
(15) On November 1, 2005, the Director of National
Intelligence Open Source Center was established with
functions that ``include collection, analysis and research,
training, and information technology management to facilitate
government-wide access and use'' of openly available
information.
(16) The Strategic Plan of the Department of State provides
as a strategic goal that ``Our diplomatic and development
activities will reduce the threat or impact of violent
conflict by developing early warning . . . capability.''.
(17) On January 22, 2009, James Steinberg, a nominee to be
Deputy Secretary of State, testified to the Committee on
Foreign Relations of the Senate that ``if we're going to be
effective in this move towards smart power, then we have to
understand how we reprioritize our resources to be able to
achieve that. . . If we only think about the crisis of the
moment, then we're not prepared as new challenges emerge. And
we've seen this time and time again, that issues that were
not immediately on the radar screen don't get the attention
they deserve. . .. So the idea of looking forward and trying
to figure out over the long term where our priorities need to
be, how do we anticipate some of these challenges, and then
judge how we have sort of assigned resources to take care of
not only those current needs but also those long-term
challenges I think has to be very important and part of a
strategic planning strategy. . . although we have a very
strong intelligence community, that there is a tremendous
resource of people who've lived and worked out in the
countries that we're dealing with and that, for a variety of
reasons, the intelligence community is not always the best
equipped to do that. They bring their own special skills. But
the Foreign Service officers, and also people from outside
the government, are enormous sources of information and
value. And we need to find better ways, in my judgment, to
have more contact with people in the private sector, from the
NGOs, from the business community, from universities and the
like, as part of our being able to touch and feel what's
going on the ground.''.
(18) On January 22, 2009, Jacob Lew, a nominee to be Deputy
Secretary of State, testified to the Committee on Foreign
Relations of the Senate that ``I believe strongly that
resources have to follow priorities. The decision of where we
need to be and what kinds of skills we need have to fit into
a comprehensive strategy. . .. We need to work with our other
Cabinet agency partners. There are 20 government agencies
that have resources that work in or through our embassies. We
don't need to recreate the wheel; we need to cooperate with
each other and make sure that we have enough Foreign Service,
civil service and locally engaged staff so that we can
effectively coordinate the efforts that the United States
puts on the ground. I think that it all begins with the
strategic planning process. If we don't have a clear vision
of what we need and what we want, were not going to be able
to make the right resource allocation decisions. And we have
to be able to look beyond this week, next week, or even next
year. . .. We need to reach not just into the building but
all the way into the field and make it clear that we have
every intention of bringing the resources of the State
Department to bear as we deal with these kinds of problems
and challenges abroad, that we have knowledge in our
embassies, in our consulates, about a range of issues, not
just political issues -- economic issues, scientific issues,
cultural issues -- that give us the broadest understanding of
what's going on in an increasingly global world.''.
(19) The Legal Attache offices and sub-offices of the
Federal Bureau of Investigation are currently located in 75
cities around the world, providing coverage for more than 200
countries, territories, and islands.
(20) On October 4, 2007, Thomas V. Fuentes, Assistant
Director of the Federal Bureau of Investigation for Office of
International Operations, testified to the Subcommittee on
Border, Maritime, and Global Counterterrorism of the
Committee on Homeland Security of the House of
Representatives that the ``core mission'' of the Legal
Attache offices ``is to establish and maintain liaison with
principal law enforcement and security services in designated
foreign countries. . . enabl[ing] the FBI to effectively and
expeditiously conduct its responsibilities in combating
international terrorism, organized crime, cyber crime, and
general criminal matters,'' and that while ``they do not
conduct foreign intelligence gathering,'' ``typical duties''
include . . . ``conducting investigations in coordination
with the host government; sharing investigative leads and
information; briefing Embassy counterparts from other
agencies, including law enforcement agencies, as appropriate,
and Ambassadors. . . providing situation reports concerning
cultural protocol; [and] assessing political and security
climates.''.
(21) The July 2008 Preliminary Findings by the Project on
National Security Reform, entitled ``Enduring Security in an
Unpredictable World: the Urgent Need for National Security
Reform,'' included the following:
(A) The lack of a national security strategy that clearly
links ends, ways, and means and assigned roles and
responsibilities to each department has encouraged a
proliferation of department-level strategies. These
department strategies are uncoordinated and do not
systematically generate capabilities required for national
objectives
(B) The resource allocation process is not driven by any
overall national plan or strategy for achieving broad
objectives, and the results or effectiveness of the budgeting
process cannot be measured against such objectives.
(C) The national security system tends to overemphasize
traditional security threats and under emphasize emerging
challenges.
SEC. 604. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.
(a) Establishment.--There is established in the legislative
branch a Foreign Intelligence and Information Commission.
(b) Functions.--The Commission shall--
(1) evaluate any current processes or systems for the
strategic integration of the intelligence community,
including the Open Source Center, and other elements of the
United States Government, including the Department of State,
with regard to the collection, reporting and analysis of
foreign intelligence and information;
(2) provide recommendations to improve or develop such
processes or systems to include the development of an inter-
agency strategy that identifies--
(A) the collection, reporting, and analysis requirements of
the United States Government;
(B) the elements of the United States Government best
positioned to meet collection and reporting requirements;
(C) collection and reporting missions for the intelligence
community and other elements of the United States Government
based on the requirements of the United States Government,
comparative institutional advantages, and other relevant
factors;
(D) analytical capabilities needed to achieve the
requirements of the United States Government; and
(E) inter-agency budget and resource allocations necessary
to achieve such collection, reporting, and analytical
requirements;
(3) evaluate the extent to which current intelligence
collection, reporting, and analysis strategies are aimed at
providing global coverage and anticipating future threats,
challenges, and crises;
(4) provide recommendations on how to incorporate into the
inter-agency strategy the means to anticipate future threats,
challenges, and crises, including by identifying and
supporting collection, reporting, and analytical capabilities
which are global in scope and which are directed at emerging,
long-term, and strategic targets;
(5) provide recommendations on strategies for sustaining
human and budgetary resources to effect the global collection
and reporting missions identified in the inter-agency
strategy, including the prepositioning of collection and
reporting capabilities;
(6) provide recommendations for developing, clarifying,
and, if necessary, bolstering current and future collection
and reporting roles and capabilities of elements of the
United States Government outside the intelligence community
deployed overseas;
(7) provide recommendations related to the role of
individual country missions in contributing to the inter-
agency strategy;
(8) evaluate the extent to which the establishment of new
embassies and out-of-embassy posts are able to contribute to
expanded global coverage and increased collection and
reporting and provide recommendations related to the
establishment of new embassies and out-of-embassy posts;
(9) provide recommendations related to the establishment of
any new executive branch entity, or the expansion of the
authorities of any existing executive branch entity, as
needed to improve the strategic integration described in
paragraph (1) and develop and oversee the implementation of
the inter-agency strategy;
(10) provide recommendations on any legislative changes
necessary to establish any new entity or to expand the
authorities of any existing entity, as described in paragraph
(9);
(11) provide recommendations on processes for developing
and presenting to Congress budget requests for each relevant
element of the United States Government that reflect the
allocations identified in the inter-agency strategy and for
congressional oversight of the development and implementation
of the strategy; and
(12) provide recommendations on any institutional reforms
related to the collection and reporting roles of individual
elements of the United States Government outside the
intelligence community, as well as any budgetary,
legislative, or other changes needed to achieve such reforms.
SEC. 605. MEMBERS AND STAFF OF THE COMMISSION.
(a) Members of the Commission.--
(1) Appointment.--The Commission shall be composed of 10
members as follows:
[[Page S9478]]
(A) Two members appointed by the majority leader of the
Senate.
(B) Two members appointed by the minority leader of the
Senate.
(C) Two members appointed by the Speaker of the House of
Representatives.
(D) Two members appointed by the minority leader of the
House of Representatives.
(E) One nonvoting member appointed by the Director of
National Intelligence.
(F) One nonvoting member appointed by the Secretary of
State.
(2) Selection.--
(A) In general.--Members of the Commission shall be
individuals who--
(i) are private citizens; and
(ii) have--
(I) knowledge and experience in foreign information and
intelligence collection, reporting, and analysis, including
clandestine collection and classified analysis, diplomatic
reporting and analysis, and collection of public and open
source information;
(II) knowledge and experience in issues related to the
national security and foreign policy of the United States
gained by serving as a senior official of the Department of
State, a member of the Foreign Service, an employee or
officer of an appropriate agency or department of the United
States, or an independent organization with expertise in the
field of international affairs; or
(III) knowledge and experience with foreign policy decision
making.
(B) Diversity of experience.--The individuals appointed to
the Commission should be selected with a view to establishing
diversity of experience with regard to various geographic
regions, functions, and issues.
(3) Time of appointment.--The appointments under subsection
(a) shall be made not later than 60 days after the date of
the enactment of this Act.
(4) Term of appointment.--Members shall be appointed for
the life of the Commission.
(5) Vacancies.--Any vacancy of the Commission shall not
affect the powers of the Commission and shall be filled in
the manner in which the original appointment was made.
(6) Chair.--The members of the Commission shall designate 1
of the voting members to serve as the chair of the
Commission.
(7) Quorum.--Six members of the Commission shall constitute
a quorum for purposes of transacting the business of the
Commission.
(8) Meetings.--The Commission shall meet at the call of the
chair and shall meet regularly, not less than once every 3
months, during the life of the Commission.
(b) Staff.--
(1) In general.--The chair of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and, in consultation with the
executive director, appoint and terminate such other
additional personnel as may be necessary to enable the
Commission to perform its duties. In addition to the
executive director and 1 full-time support staff for the
executive director, there shall be additional staff with
relevant intelligence and foreign policy experience to help
support the Commission's work.
(2) Selection of the executive director.--The executive
director shall be selected with the approval of a majority of
the members of the Commission.
(3) Compensation.--
(A) Executive director.--The executive director shall be
compensated at the rate payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(B) Staff.--The chair of the Commission may fix the
compensation of other staff of the Commission without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates, except that the
rate of pay for such personnel may not exceed the rate
payable for level IV of the Executive Schedule under section
5315 of such title.
(c) Experts and Consultants.--This Commission is authorized
to procure temporary or intermittent services of experts and
consultants as necessary to the extent authorized by section
3109 of title 5, United States Code, at rates not to exceed
the maximum annual rate of basic pay payable under section
5376 of such title.
(d) Staff and Services of Other Agencies or Department of
the United States.--Upon the request of the Commission, the
head of an agency or department of the United States may
detail, on a reimbursable or nonreimbursable basis, any of
the personnel of that department or agency to the Commission
to assist it in carrying out this title. The detail of any
such personnel shall be without interruption or loss of civil
service or Foreign Service status or privilege.
(e) Security Clearance.--The appropriate agencies or
departments of the United States shall cooperate with the
Commission in expeditiously providing to the members and
staff of the Commission appropriate security clearances to
the extent possible pursuant to existing procedures and
requirements.
SEC. 606. POWERS AND DUTIES OF THE COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission may, for the
purpose of carrying out this title--
(A) hold hearings, sit and act at times and places in the
United States and in countries in which the United States has
a diplomatic presence, take testimony, and receive evidence
as the Commission considers advisable to carry out this
title; and
(B) subject to subsection (b)(1), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission considers
necessary.
(b) Subpoenas.--
(1) Issuance.--
(A) In general.--A subpoena may be issued under this
section only--
(i) by the agreement of the chair of the Commission; and
(ii) by the affirmative vote of 5 members of the
Commission.
(B) Signature.--Subject to subparagraph (A), subpoenas
issued under this section may be issued under the signature
of the chair or any member designated by a majority of the
Commission and may be served by any person designated by the
chair or by a member designated by a majority of the
Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or failure to
obey a subpoena issued under this section, the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(B) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102, 103, or 104 of the Revised Statutes of the
United States (2 U.S.C. 192, 193, and 194).
(c) Information From Federal Agencies.--The Commission may
secure directly from any agency or department of the United
States such information as the Commission considers necessary
to carry out this title. Upon request of the chair of the
Commission, the head of such agency or department shall
furnish such information to the Commission, subject to
applicable law.
(d) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as an agency or department of the United States.
(e) Administrative Support.--The Administrator of the
General Services Administration shall provide to the
Commission on a reimbursable basis (or, in the discretion of
the Administrator, on a nonreimbursable basis) such
administrative support services as the Commission may request
to carry out this title.
(f) Administrative Procedures.--The Commission may adopt
such rules and regulations, relating to administrative
procedure, as may be reasonably necessary to enable it to
carry out this title.
(g) Travel.--
(1) In general.--The members and staff of the Commission
may, with the approval of the Commission, conduct such travel
as is necessary to carry out this title.
(2) Expenses.--Members of the Commission shall serve
without pay but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Commission.
(h) Gifts.--No member of the Commission may receive a gift
or benefit by reason of such member's service on the
Commission.
SEC. 607. REPORT OF THE COMMISSION.
(a) In General.--
(1) Interim report.--Not later than 1 year after the
members of the Commission are appointed under section 5(a),
the Commission shall submit an interim report to the
congressional intelligence committees setting forth the
preliminary findings and recommendations of the Commission
described in section 604(b).
(2) Final report.--Not later than 4 months after the
submission of the report required by paragraph (1), the
Commission shall submit a final report setting forth the
final findings and recommendations of the Commission
described in section 604(b) to the following:
(A) The President.
(B) The Director of National Intelligence.
(C) The Secretary of State.
(D) The congressional intelligence committees.
(E) The Committee on Foreign Relations of the Senate.
(F) The Committee on Foreign Affairs of the House of
Representatives.
(b) Individual or Dissenting Views.--Each member of the
Commission may include that member's dissenting views in a
report required by paragraph (1) or (2) of subsection (a).
(c) Form of Report.--The reports required by paragraphs (1)
and (2) of subsection (a), including any finding or
recommendation of such report, shall be submitted in both an
unclassified and a classified form.
SEC. 608. TERMINATION.
The Commission shall terminate 60 days after the submission
of the report required by section 607(a)(2).
[[Page S9479]]
SEC. 609. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
SEC. 610. FUNDING.
(a) Transfer From the National Intelligence Program.--Of
the amounts available for the National Intelligence Program
for fiscal year 2010, $4,000,000 shall be available for
transfer to the Commission to carry out this title.
(b) Availability.--The amounts made available to the
Commission pursuant to subsection (a) shall remain available
until the termination of the Commission.
TITLE VII--TECHNICAL AMENDMENTS
SEC. 701. TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) is amended--
(1) in section 101--
(A) in subsection (a), by moving paragraph (7) two ems to
the right; and
(B) by moving subsections (b) through (p) two ems to the
right;
(2) in section 103, by redesignating subsection (i) as
subsection (h);
(3) in section 109(a)--
(A) in paragraph (1), by striking ``section 112.;'' and
inserting ``section 112;''; and
(B) in paragraph (2), by striking the second period;
(4) in section 301(1), by striking `` `United States' ''
and all that follows through ``and `State' '' and inserting
`` `United States', `person', `weapon of mass destruction',
and `State' '';
(5) in section 304(b), by striking ``subsection (a)(3)''
and inserting ``subsection (a)(2)''; and
(6) in section 502(a), by striking ``a annual'' and
inserting ``an annual''.
SEC. 702. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE
AGENCY ACT OF 1949.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a
et seq.) is amended--
(1) in paragraph (1) of section 5(a), by striking
``authorized under paragraphs (2) and (3) of section 102(a),
subsections (c)(7) and (d) of section 103, subsections (a)
and (g) of section 104, and section 303 of the National
Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7),
(d), 403-4(a), (g), and 405)'' and inserting ``authorized
under section 104A of the National Security Act of 1947 (50
U.S.C. 403-4a).''; and
(2) in section 17(d)(3)(B)--
(A) in clause (i), by striking ``advise'' and inserting
``advice''; and
(B) by amending clause (ii) to read as follows:
``(ii) holds or held the position in the Agency, including
such a position held on an acting basis, of--
``(I) Deputy Director;
``(II) Associate Deputy Director;
``(III) Director of the National Clandestine Service;
``(IV) Director of Intelligence;
``(V) Director of Support; or
``(VI) Director of Science and Technology.''.
SEC. 703. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES
CODE.
Section 528(c) of title 10, United States Code, is
amended--
(1) in the heading, by striking ``Associate Director of CIA
for Military Affairs'' and inserting ``Associate Director of
Military Affairs, CIA''; and
(2) by striking ``Associate Director of the Central
Intelligence Agency for Military Affairs'' and inserting
``Associate Director of Military Affairs, Central
Intelligence Agency, or any successor position''.
SEC. 704. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT
OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.)
is amended--
(1) in section 3(4)(L), by striking ``other'' the second
place it appears;
(2) in section 102A--
(A) in subsection (c)(3)(A), by striking ``annual budgets
for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities'' and inserting ``annual
budget for the Military Intelligence Program or any successor
program or programs'';
(B) in subsection (d)--
(i) in paragraph (1)(B), by striking ``Joint Military
Intelligence Program'' and inserting ``Military Intelligence
Program or any successor program or programs'';
(ii) in paragraph (3) in the matter preceding subparagraph
(A), by striking ``subparagraph (A)'' and inserting
``paragraph (1)(A)''; and
(iii) in paragraph (5)--
(I) in subparagraph (A), by striking ``or personnel'' in
the matter preceding clause (i); and
(II) in subparagraph (B), by striking ``or agency
involved'' in the second sentence and inserting ``involved or
the Director of the Central Intelligence Agency (in the case
of the Central Intelligence Agency)'';
(C) in subsection (l)(2)(B), by striking ``section'' and
inserting ``paragraph''; and
(D) in subsection (n), by inserting ``and Other'' after
``Acquisition'';
(3) in section 103(b), by striking ``, the National
Security Act of 1947 (50 U.S.C. 401 et seq.),'';
(4) in section 104A(g)(1) in the matter preceding
subparagraph (A), by striking ``Directorate of Operations''
and inserting ``National Clandestine Service'';
(5) in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)'';
(6) in section 701(b)(1), by striking ``Directorate of
Operations'' and inserting ``National Clandestine Service'';
(7) in section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and inserting
``responsive''; and
(8) in section 1003(h)(2) in the matter preceding
subparagraph (A), by striking ``subsection (i)(2)(B)'' and
inserting ``subsection (g)(2)(B)''.
SEC. 705. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR
NATIONAL INTELLIGENCE PROGRAM.
(a) In General.--Subsection (a) of section 1403 of the
National Defense Authorization Act for Fiscal Year 1991 (50
U.S.C. 404b) is amended--
(1) in the heading, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of Director of National Intelligence.--
Such section 1403, as amended by subsection (a), is further
amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Conforming Amendments.--
(1) In general.--The heading of such section 1403 is
amended to read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
(2) Table of contents amendment.--The table of contents in
section 2 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1485) is
amended by striking the item relating to section 1403 and
inserting the following:
``Sec. 1403. Multiyear National Intelligence Program.''.
SEC. 706. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) Amendments to the National Security Intelligence Reform
Act of 2004.--The National Security Intelligence Reform Act
of 2004 (title I of Public Law 108-458; 118 Stat. 3643) is
amended--
(1) in subparagraph (B) of section 1016(e)(10) (6 U.S.C.
485(e)(10)), by striking ``Attorney General'' the second
place it appears and inserting ``Department of Justice'';
(2) in subsection (e) of section 1071, by striking ``(1)'';
and
(3) in subsection (b) of section 1072, in the subsection
heading by inserting ``Agency'' after ``Intelligence''.
(b) Other Amendments to the Intelligence Reform and
Terrorism Prevention Act of 2004.--The Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118
Stat. 3638) is amended--
(1) in section 2001 (28 U.S.C. 532 note)--
(A) in paragraph (1) of subsection (c)--
(i) by striking ``shall,'' and inserting ``shall''; and
(ii) by inserting ``of'' before ``an institutional
culture'';
(B) in paragraph (2) of subsection (e), by striking ``the
National Intelligence Director in a manner consistent with
section 112(e)'' and inserting ``the Director of National
Intelligence in a manner consistent with applicable law'';
and
(C) in subsection (f), by striking ``shall,'' in the matter
preceding paragraph (1) and inserting ``shall''; and
(2) in section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking ``the Federal'' and
inserting ``Federal''; and
(B) in paragraph (3), by striking ``the specific'' and
inserting ``specific''.
SEC. 707. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5,
United States Code, is amended by striking the item relating
to the Director of Central Intelligence and inserting the
following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level III.--Section 5314 of title 5,
United States Code, is amended by striking the item relating
to the Deputy Directors of Central Intelligence and inserting
the following new item:
``Deputy Director of the Central Intelligence Agency.''.
(c) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by striking the item relating
to the General Counsel of the Office of the National
Intelligence Director and inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 708. TECHNICAL AMENDMENTS TO SECTION 105 OF THE
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
2004.
Section 105(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2603; 31
U.S.C. 311 note) is amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
SEC. 709. TECHNICAL AMENDMENTS TO SECTION 602 OF THE
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1995.
Section 602 of the Intelligence Authorization Act for
Fiscal Year 1995 (50 U.S.C. 403-2b) is amended--
(1) in subsection (a), in paragraph (2), by striking
``Director of Central Intelligence''
[[Page S9480]]
and inserting ``Director of National Intelligence''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(ii) in subparagraph (B), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(C) in paragraph (3), by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central
Intelligence Agency''.
SEC. 710. TECHNICAL AMENDMENTS TO SECTION 403 OF THE
INTELLIGENCE AUTHORIZATION ACT, FISCAL YEAR
1992.
(a) Role of the Director of National Intelligence.--Section
403 of the Intelligence Authorization Act, Fiscal Year 1992
(50 U.S.C. 403-2) is amended by striking ``The Director of
Central Intelligence'' and inserting the following:
``(a) In General.--The Director of National Intelligence''.
(b) Definition of Intelligence Community.--Section 403 of
the Intelligence Authorization Act, Fiscal Year 1992, as
amended by subsection (a), is further amended--
(1) by striking ``Intelligence Community'' and insert
``intelligence community''; and
(2) by striking the second sentence and inserting the
following:
``(b) Intelligence Community Defined.--In this section, the
term `intelligence community' has the meaning given that term
in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).''.
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