[Congressional Record: August 5, 2010 (Senate)]
[Page S6767-S6799]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010
Mrs. FEINSTEIN. Madam President, I ask unanimous consent the Senate
proceed to immediate consideration of Calendar No. 467, S. 3611.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3611) 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.
The PRESIDING OFFICER. The Senator from California.
Mrs. FEINSTEIN. Madam President, I ask unanimous consent the
amendment at the desk be considered and agreed to, and the bill, as
amended, be read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4588) was agreed to, as follows:
(Purpose: To strike provisions enacted by the Supplemental
Appropriations Act, 2010 and to improve the bill)
On page 12, strike lines 3 through 9 and insert the
following:
SEC. 106. BUDGETARY PROVISIONS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Beginning on page 88, strike line 20 and all that follows
through page 89, lines 16 and insert the following:
(1) Congressional armed services committees.--To the extent
that the report required by subsection (a) addresses an
element of the intelligence community within the Department
of Defense, the Director of National Intelligence, in
consultation with the Secretary of Defense, shall submit that
portion of the report, and any associated material that is
necessary to make that portion understandable, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives. The
Director of National Intelligence may authorize redactions of
the report and any associated materials submitted pursuant to
this paragraph, if such redactions are consistent with the
protection of sensitive intelligence sources and methods.
(2) Congressional judiciary committees.--To the extent that
the report required by subsection (a) addresses an element of
the intelligence community within the Department of Justice,
the Director of National Intelligence, in consultation with
the Attorney General, shall submit that portion of the
report, and any associated material that is necessary to make
that portion understandable, to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives. The Director of National
Intelligence may authorize redactions of the report and any
associated materials submitted pursuant to this paragraph, if
such redactions are consistent with the protection of
sensitive intelligence sources and methods.
Beginning on page 89, strike line 17 and all that follows
through page 91, line 6.
Beginning on page 91, strike line 10 and all that follows
through page 92, line 15.
On page 214, line 16, strike ``committees'' and insert
``committees, the Committee on the Judiciary of the Senate,
and the Committee on the Judiciary of the House of
Representatives''.
The bill (S. 3611), as amended, was ordered to be engrossed for a
third reading and was read the third time.
Mrs. FEINSTEIN. I now ask the pay-go letter from the Budget Committee
be read, that upon its reading the bill, as amended, be passed, and the
motion to reconsider be laid upon the table, with any statements
relating thereto printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The legislative clerk read as follows:
Mr. CONRAD. This is the Statement of Budgetary Effects of PAYGO
Legislation for S. 3611.
Total Budgetary Effects of S. 3611 for the 5-year Statutory
PAYGO Scorecard: $0.
Total Budgetary Effects of S. 3611 for the 10-year
Statutory PAYGO Scorecard: $0.
Also submitted for the Record as part of this statement is a table
prepared by the Congressional Budget Office, which provides additional
information on the budgetary effects of this Act.
The table is as follows:
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3611, THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010, AS REPORTED BY THE SENATE SELECT COMMITTEE
ON INTELLIGENCE ON JULY 19, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase or Decrease (-) in the Deficit
Statutory Pay-As-You-Go Impact 0 0 0 0 0 0 0 0 0 0 0 0 0
a.............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
a The legislation would 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.
The bill (S. 3611), as amended, was passed, as follows:
S. 3611
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.
Sec. 106. Budgetary provisions.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of
the Central Intelligence Agency Retirement Act.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements
of the intelligence community.
Sec. 303. Pay authority for critical positions.
Sec. 304. Award of rank to members of the Senior National Intelligence
Service.
Sec. 305. Annual personnel level assessments for the intelligence
community.
Sec. 306. Temporary personnel authorizations for critical language
training.
Sec. 307. Conflict of interest regulations for intelligence community
employees.
Subtitle B--Education Programs
Sec. 311. Permanent authorization for the Pat Roberts Intelligence
Scholars Program.
Sec. 312. Modifications to the Louis Stokes Educational Scholarship
Program.
Sec. 313. Intelligence officer training program.
Sec. 314. Pilot program for intensive language instruction in African
languages.
Subtitle C--Acquisition Matters
Sec. 321. Vulnerability assessments of major systems.
[[Page S6768]]
Sec. 322. Intelligence community business system transformation.
Sec. 323. Reports on the acquisition of major systems.
Sec. 324. Critical cost growth in major systems.
Sec. 325. Future budget projections.
Sec. 326. National Intelligence Program funded acquisitions.
Subtitle D--Congressional Oversight, Plans, and Reports
Sec. 331. Notification procedures.
Sec. 332. Certification of compliance with oversight requirements.
Sec. 333. Report on detention and interrogation activities.
Sec. 334. Summary of intelligence relating to terrorist recidivism of
detainees held at United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 335. Report and strategic plan on biological weapons.
Sec. 336. Cybersecurity oversight.
Sec. 337. Report on foreign language proficiency in the intelligence
community.
Sec. 338. Report on plans to increase diversity within the intelligence
community.
Sec. 339. Report on intelligence community contractors.
Sec. 340. Study on electronic waste destruction practices of the
intelligence community.
Sec. 341. Review of records relating to potential health risks among
Desert Storm veterans.
Sec. 342. Review of Federal Bureau of Investigation exercise of
enforcement jurisdiction in foreign nations.
Sec. 343. Public release of information on procedures used in narcotics
airbridge denial program in Peru.
Sec. 344. Report on threat from dirty bombs.
Sec. 345. Report on creation of space intelligence office.
Sec. 346. Report on attempt to detonate explosive device on Northwest
Airlines flight 253.
Sec. 347. Repeal or modification of certain reporting requirements.
Sec. 348. Incorporation of reporting requirements.
Sec. 349. Conforming amendments for report submission dates.
Subtitle E--Other Matters
Sec. 361. Extension of authority to delete information about receipt
and disposition of foreign gifts and decorations.
Sec. 362. Modification of availability of funds for different
intelligence activities.
Sec. 363. Protection of certain national security information.
Sec. 364. National Intelligence Program budget.
Sec. 365. Improving the review authority of the Public Interest
Declassification Board.
Sec. 366. Authority to designate undercover operations to collect
foreign intelligence or counterintelligence.
Sec. 367. Security clearances: reports; reciprocity.
Sec. 368. Correcting long-standing material weaknesses.
Sec. 369. Intelligence community financial improvement and audit
readiness.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Accountability reviews by the Director of National
Intelligence.
Sec. 402. Authorities for intelligence information sharing.
Sec. 403. Location of the Office of the Director of National
Intelligence.
Sec. 404. Title and appointment of Chief Information Officer of the
Intelligence Community.
Sec. 405. Inspector General of the Intelligence Community.
Sec. 406. Chief Financial Officer of the Intelligence Community.
Sec. 407. Leadership and location of certain offices and officials.
Sec. 408. Protection of certain files of the Office of the Director of
National Intelligence.
Sec. 409. Counterintelligence initiatives for the intelligence
community.
Sec. 410. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of National
Intelligence.
Sec. 411. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 412. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 413. Misuse of the Office of the Director of National Intelligence
name, initials, or seal.
Sec. 414. Plan to implement recommendations of the data center energy
efficiency reports.
Sec. 415. Director of National Intelligence support for reviews of
International Traffic in Arms Regulations and Export
Administration Regulations.
Subtitle B--Central Intelligence Agency
Sec. 421. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 422. Appeals from decisions involving contracts of the Central
Intelligence Agency.
Sec. 423. Deputy Director of the Central Intelligence Agency.
Sec. 424. Authority to authorize travel on a common carrier.
Sec. 425. Inspector General for the Central Intelligence Agency.
Sec. 426. Budget of the Inspector General for the Central Intelligence
Agency.
Sec. 427. Public availability of unclassified versions of certain
intelligence products.
Subtitle C--Defense Intelligence Components
Sec. 431. Inspector general matters.
Sec. 432. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis and
dissemination of certain intelligence information.
Sec. 433. Director of Compliance of the National Security Agency.
Subtitle D--Other Elements
Sec. 441. Codification of additional elements of the intelligence
community.
Sec. 442. Authorization of appropriations for Coast Guard National
Tactical Integration Office.
Sec. 443. Retention and relocation bonuses for the Federal Bureau of
Investigation.
Sec. 444. Extension of the authority of the Federal Bureau of
Investigation to waive mandatory retirement provisions.
Sec. 445. Report and assessments on transformation of the intelligence
capabilities of the Federal Bureau of Investigation.
TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE
Sec. 501. Reorganization of the Diplomatic Telecommunications Service
Program Office.
TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Establishment and functions of the Commission.
Sec. 604. Members and staff of the Commission.
Sec. 605. Powers and duties of the Commission.
Sec. 606. Report of the Commission.
Sec. 607. Termination.
Sec. 608. Nonapplicability of Federal Advisory Committee Act.
Sec. 609. Authorization of appropriations.
TITLE VII--OTHER MATTERS
Sec. 701. Extension of National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community.
Sec. 702. Classification review of executive branch materials in the
possession of the congressional intelligence committees.
TITLE VIII--TECHNICAL AMENDMENTS
Sec. 801. Technical amendments to the Foreign Intelligence Surveillance
Act of 1978.
Sec. 802. Technical amendments to the Central Intelligence Agency Act
of 1949.
Sec. 803. Technical amendments to title 10, United States Code.
Sec. 804. Technical amendments to the National Security Act of 1947.
Sec. 805. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 806. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 807. Technical amendments to the Executive Schedule.
Sec. 808. Technical amendments to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004.
Sec. 809. Technical amendments to section 602 of the Intelligence
Authorization Act for Fiscal Year 1995.
Sec. 810. Technical amendments to section 403 of the Intelligence
Authorization Act, Fiscal Year 1992.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2010 for the conduct of
[[Page S6769]]
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 bill S. 3611 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 for the performance of important
intelligence functions, except that the number of personnel
employed in excess of the number authorized under such
section may not, for any element of the intelligence
community, exceed 3 percent of the number of civilian
personnel authorized under such 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--
(1) in a student program, trainee program, or similar
program;
(2) in a reserve corps or as a reemployed annuitant; or
(3) in 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 $710,612,000. 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 822 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 made
available 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 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 that is not otherwise authorized by the
Constitution or the laws of the United States.
SEC. 106. BUDGETARY PROVISIONS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. 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 NONREIMBURSABLE DETAILS TO
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 113 the following new section:
``detail of other personnel
``Sec. 113A. Except as provided in section 904(g)(2) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C.
402c(g)(2)) and section 113 of this Act, and notwithstanding
any other provision of law, an officer or employee of the
United States or member of the Armed Forces may be detailed
to the staff of an element of the intelligence community
funded through the National Intelligence Program from another
element of the intelligence community or from another element
of the United States Government on a reimbursable or
nonreimbursable basis, as jointly agreed to by the head of
the receiving element and the head of the detailing element,
for a period not to exceed 2 years.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of such Act is amended by inserting after
the item relating to section 113 the following new item:
``Sec. 113A. Detail of other personnel.''.
SEC. 303. PAY AUTHORITY FOR CRITICAL POSITIONS.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended by adding at the end the following
new subsection:
``(s) Pay Authority for Critical Positions.--(1)
Notwithstanding any pay limitation established under any
other provision of law applicable to employees in elements of
the intelligence community, the Director of National
Intelligence may, in coordination with the Director of the
Office of Personnel Management and the Director of the Office
of Management and Budget, grant authority to the head of a
department or agency to fix the rate of basic pay for one or
more positions within the intelligence community at a rate in
excess of any applicable limitation, subject to the
provisions of this subsection. The exercise of authority so
granted is at the discretion of the head of the department or
agency employing the individual in a position covered by such
authority, subject to
[[Page S6770]]
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 that requires an extremely
high level of expertise and is critical to successful
accomplishment of an important mission; and
``(B) to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) The head of a department or agency may not fix a rate
of basic pay under this subsection at a rate greater than the
rate payable for level II of the Executive Schedule under
section 5313 of title 5, United States Code, except upon
written approval of the Director of National Intelligence or
as otherwise authorized by law.
``(4) The head of a department or agency may not fix a rate
of basic pay under this subsection at a rate greater than the
rate payable for level I of the Executive Schedule under
section 5312 of title 5, United States Code, except upon
written approval of the President in response to a request by
the Director of National Intelligence or as otherwise
authorized by law.
``(5) Any grant of authority under this subsection for a
position shall terminate at the discretion of the Director of
National Intelligence.
``(6)(A) The Director of National Intelligence shall notify
the congressional intelligence committees not later than 30
days after the date on which the Director grants authority to
the head of a department or agency under this subsection.
``(B) The head of a department or agency to which the
Director of National Intelligence grants authority under this
subsection shall notify the congressional intelligence
committees and the Director of the exercise of such authority
not later than 30 days after the date on which such head
exercises such authority.''.
SEC. 304. AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL
INTELLIGENCE SERVICE.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1), as amended by section 303 of this Act, is
further amended by adding at the end the following new
subsection:
``(t) Award of Rank to Members of the Senior National
Intelligence Service.--(1) The President, based on the
recommendation of the Director of National Intelligence, may
award a rank to a member of the Senior National Intelligence
Service or other intelligence community senior civilian
officer not already covered by such a rank award program in
the same manner in which a career appointee of an agency may
be awarded a rank under section 4507 of title 5, United
States Code.
``(2) The President may establish procedures to award a
rank under paragraph (1) to a member of the Senior National
Intelligence Service or a senior civilian officer of the
intelligence community whose identity as such a member or
officer is classified information (as defined in section
606(1)).''.
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE
INTELLIGENCE COMMUNITY.
(a) Assessment.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by inserting after
section 506A the following new section:
``annual personnel level assessments for the intelligence community
``Sec. 506B. (a) Requirement To Provide.--The Director of
National Intelligence shall, in consultation with the head of
each element of the intelligence community, prepare an annual
personnel level assessment for such element that assesses the
personnel levels for such element for the fiscal year
following the fiscal year in which the assessment is
submitted.
``(b) Schedule.--Each assessment required by subsection (a)
shall be submitted to the congressional intelligence
committees each year at the time that the President submits
to Congress the budget for a fiscal year pursuant to section
1105 of title 31, United States Code.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain the following
information for the element of the intelligence community
concerned:
``(1) The budget submission for personnel costs for the
upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs of the current
fiscal year.
``(3) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs during the
prior 5 fiscal years.
``(4) The number of full-time equivalent positions that is
the basis for which personnel funds are requested for the
upcoming fiscal year.
``(5) The numerical and percentage increase or decrease of
the number referred to in paragraph (4) as compared to the
number of full-time equivalent positions of the current
fiscal year.
``(6) The numerical and percentage increase or decrease of
the number referred to in paragraph (4) as compared to the
number of full-time equivalent positions during the prior 5
fiscal years.
``(7) The best estimate of the number and costs of core
contract personnel to be funded by the element for the
upcoming fiscal year.
``(8) The numerical and percentage increase or decrease of
such costs of core contract personnel as compared to the best
estimate of the costs of core contract personnel of the
current fiscal year.
``(9) The numerical and percentage increase or decrease of
such number and such costs of core contract personnel as
compared to the number and cost of core contract personnel
during the prior 5 fiscal years.
``(10) A justification for the requested personnel and core
contract personnel levels.
``(11) The best estimate of the number of intelligence
collectors and analysts employed or contracted by each
element of the intelligence community.
``(12) A statement by the Director of National Intelligence
that, based on current and projected funding, the element
concerned will have sufficient--
``(A) internal infrastructure to support the requested
personnel and core contract personnel levels;
``(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
to the congressional intelligence committees at the time that
the President submits to Congress the budget for fiscal year
2012 pursuant to section 1105 of title 31, United States
Code.
(c) Table of Contents Amendment.--The table of contents in
the first section such Act, as amended by section 302 of this
Act, is further amended by inserting after the item relating
to section 506A the following new item:
``Sec. 506B. Annual personnel level assessments for the intelligence
community.''.
SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR CRITICAL
LANGUAGE TRAINING.
Section 102A(e) of the National Security Act of 1947 (50
U.S.C. 403-1(e)) is amended by--
(1) redesignating paragraph (3) as paragraph (4); and
(2) inserting after paragraph (2) the following new
paragraph:
``(3)(A) In addition to the number of full-time equivalent
positions authorized for the Office of the Director of
National Intelligence for a fiscal year, there is authorized
for such Office for each fiscal year an additional 100 full-
time equivalent positions that may be used only for the
purposes described in subparagraph (B).
``(B) Except as provided in subparagraph (C), the Director
of National Intelligence may use a full-time equivalent
position authorized under subparagraph (A) only for the
purpose of providing a temporary transfer of personnel made
in accordance with paragraph (2) to an element of the
intelligence community to enable such element to increase the
total number of personnel authorized for such element, on a
temporary basis--
``(i) during a period in which a permanent employee of such
element is absent to participate in critical language
training; or
``(ii) to accept a permanent employee of another element of
the intelligence community to provide language-capable
services.
``(C) Paragraph (2)(B) shall not apply with respect to a
transfer of personnel made under subparagraph (B).
``(D) The Director of National Intelligence shall submit to
the congressional intelligence committees an annual report on
the use of authorities under this paragraph. Each such report
shall include a description of--
``(i) the number of transfers of personnel made by the
Director pursuant to subparagraph (B), disaggregated by each
element of the intelligence community;
``(ii) the critical language needs that were fulfilled or
partially fulfilled through the use of such transfers; and
``(iii) the cost to carry out subparagraph (B).''.
SEC. 307. CONFLICT OF INTEREST REGULATIONS FOR INTELLIGENCE
COMMUNITY EMPLOYEES.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1), as amended by section 304 of this Act, is
further amended by adding at the end the following new
subsection:
``(u) Conflict of Interest Regulations.--(1) The Director
of National Intelligence, in consultation with the Director
of the Office of Government Ethics, shall issue regulations
prohibiting an officer or employee of an element of the
intelligence community from engaging in outside employment if
such employment creates a conflict of interest or appearance
thereof.
``(2) The Director of National Intelligence shall annually
submit to the congressional intelligence committees a report
describing all outside employment for officers and employees
of elements of the intelligence community that was authorized
by the head of an element of the intelligence community
during the preceding calendar year. Such report shall be
submitted each year on the date provided in section 507.''.
Subtitle B--Education Programs
SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROBERTS
INTELLIGENCE SCHOLARS PROGRAM.
(a) Permanent Authorization.--Subtitle C of title X of the
National Security Act of
[[Page S6771]]
1947 (50 U.S.C. 441m et seq.) is amended by adding at the end
the following new section:
``program on recruitment and training
``Sec. 1022. (a) Program.--(1) The Director of National
Intelligence shall carry out a program to ensure that
selected students or former students are provided funds to
continue academic training, or are reimbursed for academic
training previously obtained, in areas of specialization that
the Director, in consultation with the other heads of the
elements of the intelligence community, identifies as areas
in which the current capabilities of the intelligence
community are deficient or in which future capabilities of
the intelligence community are likely to be deficient.
``(2) A student or former student selected for
participation in the program shall commit to employment with
an element of the intelligence community, following
completion of appropriate academic training, under such terms
and conditions as the Director considers appropriate.
``(3) The program shall be known as the Pat Roberts
Intelligence Scholars Program.
``(b) Elements.--In carrying out the program under
subsection (a), the Director shall--
``(1) establish such requirements relating to the academic
training of participants as the Director considers
appropriate to ensure that participants are prepared for
employment as intelligence professionals; and
``(2) periodically review the areas of specialization of
the elements of the intelligence community to determine the
areas in which such elements are, or are likely to be,
deficient in capabilities.
``(c) Use of Funds.--Funds made available for the program
under subsection (a) shall be used--
``(1) to provide a monthly stipend for each month that a
student is pursuing a course of study;
``(2) to pay the full tuition of a student or former
student for the completion of such course of study;
``(3) to pay for books and materials that the student or
former student requires or required to complete such course
of study;
``(4) to pay the expenses of the student or former student
for travel requested by an element of the intelligence
community in relation to such program; or
``(5) for such other purposes the Director considers
reasonably appropriate to carry out such program.''.
(b) Conforming Amendments.--
(1) Table of contents amendment.--The table of contents in
the first section of such Act, as amended by section 305 of
this Act, is further amended--
(A) by transferring the item relating to section 1002 so
such item immediately follows the item relating to section
1001; and
(B) by inserting after the item relating to section 1021
the following new item:
``Sec. 1022. Program on recruitment and training.''.
(2) Repeal of pilot program.--
(A) Authority.--Section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177;
50 U.S.C. 441g note) is repealed.
(B) Table of contents amendment.--The table of contents in
section 1 of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 117 Stat. 2599) is amended by
striking the item relating to section 318.
SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDUCATIONAL
SCHOLARSHIP PROGRAM.
(a) Expansion of the Louis Stokes Educational Scholarship
Program to Graduate Students.--Section 16 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended--
(1) in subsection (a)--
(A) by inserting ``and graduate'' after ``undergraduate'';
and
(B) by striking ``the baccalaureate'' and inserting ``a
baccalaureate or graduate'';
(2) in subsection (b), by inserting ``or graduate'' after
``undergraduate'';
(3) in subsection (e)(2), by inserting ``and graduate''
after ``undergraduate''; and
(4) by adding at the end the following new subsection:
``(h) The undergraduate and graduate training program
established under this section shall be known as the Louis
Stokes Educational Scholarship Program.''.
(b) Authority for Participation by Individuals Who Are Not
Employed by the United States Government.--
(1) In general.--Subsection (b) of section 16 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note), as
amended by subsection (a)(2), is further amended by striking
``civilian employees'' and inserting ``civilians who may or
may not be employees''.
(2) Conforming amendments.--Section 16 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note), as amended
by subsection (a), is further amended--
(A) in subsection (c), by striking ``employees'' and
inserting ``program participants''; and
(B) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), strike ``an
employee of the Agency,'' and insert ``a program
participant,'';
(II) in subparagraph (A), by striking ``employee'' and
inserting ``program participant'';
(III) in subparagraph (C)--
(aa) by striking ``employee'' each place that term appears
and inserting ``program participant''; and
(bb) by striking ``employee's'' each place that term
appears and inserting ``program participant's''; and
(IV) in subparagraph (D)--
(aa) by striking ``employee'' each place that term appears
and inserting ``program participant''; and
(bb) by striking ``employee's'' each place that term
appears and inserting ``program participant's''; and
(ii) in paragraph (3)(C)--
(I) by striking ``employee'' both places that term appears
and inserting ``program participant''; and
(II) by striking ``employee's'' and inserting ``program
participant's''.
(c) Termination of Program Participants.--Subsection
(d)(1)(C) of section 16 of the National Security Agency Act
of 1959 (50 U.S.C. 402 note), as amended by subsection
(b)(2)(B)(i)(III), is further amended by striking
``terminated'' and all that follows and inserting
``terminated--
``(i) by the Agency due to misconduct by the program
participant;
``(ii) by the program participant voluntarily; or
``(iii) by the Agency for the failure of the program
participant to maintain such level of academic standing in
the educational course of training as the Director of the
National Security Agency shall have specified in the
agreement of the program participant under this subsection;
and''.
(d) Authority To Withhold Disclosure of Affiliation With
NSA.--Subsection (e) of Section 16 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note) is amended by
striking ``(1) When an employee'' and all that follows
through ``(2) Agency efforts'' and inserting ``Agency
efforts''.
(e) Authority of Elements of the Intelligence Community To
Establish a Stokes Educational Scholarship Program.--
(1) Authority.--Subtitle C of title X of the National
Security Act of 1947 (50 U.S.C. 441m et seq.), as amended by
section 311 of this Act, is further amended by adding at the
end the following new section:
``educational scholarship program
``Sec. 1023. The head of a department or agency containing
an element of the intelligence community may establish an
undergraduate or graduate training program with respect to
civilian employees and prospective civilian employees of such
element similar in purpose, conditions, content, and
administration to the program that the Secretary of Defense
is authorized to establish under section 16 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note).''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 311 of this Act, is further amended by
inserting after the item relating to section 1022, as added
by such section 311, the following new item:
``Sec. 1023. Educational scholarship program.''.
SEC. 313. INTELLIGENCE OFFICER TRAINING PROGRAM.
(a) Program.--Subtitle C of title X of the National
Security Act of 1947 (50 U.S.C. 441m et seq.), as amended by
section 312(e) of this Act, is further amended by adding at
the end the following new section:
``intelligence officer training program
``Sec. 1024. (a) Programs.--(1) The Director of National
Intelligence may carry out grant programs in accordance with
subsection (b) to enhance the recruitment and retention of an
ethnically and culturally diverse intelligence community
workforce with capabilities critical to the national security
interests of the United States.
``(2) In carrying out paragraph (1), the Director shall
identify the skills necessary to meet current or emergent
needs of the intelligence community and the educational
disciplines that will provide individuals with such skills.
``(b) Institutional Grant Program.--(1) The Director may
provide grants to institutions of higher education to support
the establishment or continued development of programs of
study in educational disciplines identified under subsection
(a)(2).
``(2) A grant provided under paragraph (1) may, with
respect to the educational disciplines identified under
subsection (a)(2), be used for the following purposes:
``(A) Curriculum or program development.
``(B) Faculty development.
``(C) Laboratory equipment or improvements.
``(D) Faculty research.
``(c) Application.--An institution of higher education
seeking a grant under this section shall submit an
application describing the proposed use of the grant at such
time and in such manner as the Director may require.
``(d) Reports.--An institution of higher education that
receives a grant under this section shall submit to the
Director regular reports regarding the use of such grant,
including--
``(1) a description of the benefits to students who
participate in the course of study funded by such grant;
``(2) a description of the results and accomplishments
related to such course of study; and
``(3) any other information that the Director may require.
``(e) Regulations.--The Director shall prescribe such
regulations as may be necessary to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `Director' means the Director of National
Intelligence.
[[Page S6772]]
``(2) The term `institution of higher education' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).''.
(b) Repeal of Duplicative Provisions.--
(1) In general.--The following provisions of law are
repealed:
(A) Subsections (b) through (g) of section 319 of the
Intelligence Authorization Act for Fiscal Year 2004 (Public
Law 108-177; 50 U.S.C. 403 note).
(B) Section 1003 of the National Security Act of 1947 (50
U.S.C. 441g-2).
(C) Section 922 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
50 U.S.C. 402 note).
(2) Existing agreements.--Notwithstanding the repeals made
by paragraph (1), nothing in this subsection shall be
construed to amend, modify, or abrogate any agreement,
contract, or employment relationship that was in effect in
relation to the provisions repealed under paragraph (1) on
the day prior to the date of the enactment of this Act.
(3) Technical amendment.--Section 319 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177;
50 U.S.C. 403 note) is amended by striking ``(a) Findings.--
''.
(c) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 312 of this Act, is further amended by
striking the item relating to section 1003 and inserting the
following new item:
``Sec. 1024. Intelligence officer training program.''.
SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE INSTRUCTION IN
AFRICAN LANGUAGES.
(a) Establishment.--The Director of National Intelligence,
in consultation with the National Security Education Board
established under section 803(a) of the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1903(a)),
may establish a pilot program for intensive language
instruction in African languages.
(b) Program.--A pilot program established under subsection
(a) shall provide scholarships for programs that provide
intensive language instruction--
(1) in any of the five highest priority African languages
for which scholarships are not offered under the David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1901
et seq.), as determined by the Director of National
Intelligence; and
(2) both in the United States and in a country in which the
language is the native language of a significant portion of
the population, as determined by the Director of National
Intelligence.
(c) Termination.--A pilot program established under
subsection (a) shall terminate on the date that is five years
after the date on which such pilot program is established.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $2,000,000.
(2) Availability.--Funds authorized to be appropriated
under paragraph (1) shall remain available until the
termination of the pilot program in accordance with
subsection (c).
Subtitle C--Acquisition Matters
SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.
(a) Vulnerability Assessments of Major Systems.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 305 of
this Act, is further amended by inserting after section 506B,
as added by section 305(a), the following new section:
``vulnerability assessments of major systems
``Sec. 506C. (a) Initial Vulnerability Assessments.--
(1)(A) Except as provided in subparagraph (B), the Director
of National Intelligence shall conduct and submit to the
congressional intelligence committees an initial
vulnerability assessment for each major system and its
significant items of supply--
``(i) except as provided in clause (ii), prior to the
completion of Milestone B or an equivalent acquisition
decision for the major system; or
``(ii) prior to the date that is 1 year after the date of
the enactment of the Intelligence Authorization Act for
Fiscal Year 2010 in the case of a major system for which
Milestone B or an equivalent acquisition decision--
``(I) was completed prior to such date of enactment; or
``(II) is completed on a date during the 180-day period
following such date of enactment.
``(B) The Director may submit to the congressional
intelligence committees an initial vulnerability assessment
required by clause (ii) of subparagraph (A) not later than
180 days after the date such assessment is required to be
submitted under such clause if the Director notifies the
congressional intelligence committees of the extension of the
submission date under this subparagraph and provides a
justification for such extension.
``(C) The initial vulnerability assessment of a major
system and its significant items of supply shall include use
of an analysis-based approach to--
``(i) identify vulnerabilities;
``(ii) define exploitation potential;
``(iii) examine the system's potential effectiveness;
``(iv) determine overall vulnerability; and
``(v) make recommendations for risk reduction.
``(2) If an initial vulnerability assessment for a major
system is not submitted to the congressional intelligence
committees as required by paragraph (1), funds appropriated
for the acquisition of the major system may not be obligated
for a major contract related to the major system. Such
prohibition on the obligation of funds for the acquisition of
the major system shall cease to apply on the date on which
the congressional intelligence committees receive the initial
vulnerability assessment.
``(b) Subsequent Vulnerability Assessments.--(1) The
Director of National Intelligence shall, periodically
throughout the procurement of a major system or if the
Director determines that a change in circumstances warrants
the issuance of a subsequent vulnerability assessment,
conduct a subsequent vulnerability assessment of each major
system and its significant items of supply within the
National Intelligence Program.
``(2) Upon the request of a congressional intelligence
committee, the Director of National Intelligence may, if
appropriate, recertify the previous vulnerability assessment
or may conduct a subsequent vulnerability assessment of a
particular major system and its significant items of supply
within the National Intelligence Program.
``(3) Any subsequent vulnerability assessment of a major
system and its significant items of supply shall include use
of an analysis-based approach and, if applicable, a testing-
based approach, to monitor the exploitation potential of such
system and reexamine the factors described in clauses (i)
through (v) of subsection (a)(1)(C).
``(c) Major System Management.--The Director of National
Intelligence shall give due consideration to the
vulnerability assessments prepared for a given major system
when developing and determining the National Intelligence
Program budget.
``(d) 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 periodic vulnerability assessments of
a major system under subsection (b)(1) when providing such
committees with the initial vulnerability assessment under
subsection (a) of such system as required by paragraph (1).
``(e) Definitions.--In this section:
``(1) The term `item of supply' has the meaning given that
term in section 4(10) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(10)).
``(2) The term `major contract' means each of the 6 largest
prime, associate, or Government-furnished equipment contracts
under a major system that is in excess of $40,000,000 and
that is not a firm, fixed price contract.
``(3) The term `major system' has the meaning given that
term in section 506A(e).
``(4) The term `Milestone B' means a decision to enter into
major system development and demonstration pursuant to
guidance prescribed by the Director of National Intelligence.
``(5) The term `vulnerability assessment' means the process
of identifying and quantifying vulnerabilities in a major
system and its significant items of supply.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 313 of this Act, is further amended by
inserting after the item relating to section 506B, as added
by section 305(c) of this Act, the following new item:
``Sec. 506C. Vulnerability assessments of major systems.''.
(b) Definition of Major System.--Paragraph (3) of section
506A(e) of the National Security Act of 1947 (50 U.S.C. 415a-
1(e)) is amended by striking ``(in current fiscal year
dollars)'' and inserting ``(based on fiscal year 2010
constant dollars)''.
SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM
TRANSFORMATION.
(a) Intelligence Community Business System
Transformation.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 321 of
this Act, is further amended by inserting after section 506C,
as added by section 321(a), the following new section:
``intelligence community business system transformation
``Sec. 506D. (a) Limitation on Obligation of Funds.--(1)
Subject to paragraph (3), no funds appropriated to any
element of the intelligence community may be obligated for an
intelligence community business system transformation that
will have a total cost in excess of $3,000,000 unless--
``(A) the Director of the Office of Business Transformation
of the Office of the Director of National Intelligence makes
a certification described in paragraph (2) with respect to
such intelligence community business system transformation;
and
``(B) such certification is approved by the board
established under subsection (f).
``(2) The certification described in this paragraph for an
intelligence community business system transformation is a
certification made by the Director of the Office of
[[Page S6773]]
Business Transformation of the Office of the Director of
National Intelligence that the intelligence community
business system transformation--
``(A) complies with the enterprise architecture under
subsection (b) and such other policies and standards that the
Director of National Intelligence considers appropriate; or
``(B) is necessary--
``(i) to achieve a critical national security capability or
address a critical requirement; or
``(ii) to prevent a significant adverse effect on a project
that is needed to achieve an essential capability, taking
into consideration any alternative solutions for preventing
such adverse effect.
``(3) With respect to a fiscal year after fiscal year 2010,
the amount referred to in paragraph (1) in the matter
preceding subparagraph (A) shall be equal to the sum of--
``(A) the amount in effect under such paragraph (1) for the
preceding fiscal year (determined after application of this
paragraph), plus
``(B) such amount multiplied by the annual percentage
increase in the consumer price index (all items; U.S. city
average) as of September of the previous fiscal year.
``(b) Enterprise Architecture for Intelligence Community
Business Systems.--(1) The Director of National Intelligence
shall, acting through the board established under subsection
(f), develop and implement an enterprise architecture to
cover all intelligence community business systems, and the
functions and activities supported by such business systems.
The enterprise architecture shall be sufficiently defined to
effectively guide, constrain, and permit implementation of
interoperable intelligence community business system
solutions, consistent with applicable policies and procedures
established by the Director of the Office of Management and
Budget.
``(2) The enterprise architecture under paragraph (1) shall
include the following:
``(A) An information infrastructure that will enable the
intelligence community to--
``(i) comply with all Federal accounting, financial
management, and reporting requirements;
``(ii) routinely produce timely, accurate, and reliable
financial information for management purposes;
``(iii) integrate budget, accounting, and program
information and systems; and
``(iv) provide for the measurement of performance,
including the ability to produce timely, relevant, and
reliable cost information.
``(B) Policies, procedures, data standards, and system
interface requirements that apply uniformly throughout the
intelligence community.
``(c) Responsibilities for Intelligence Community Business
System Transformation.--The Director of National Intelligence
shall be responsible for the entire life cycle of an
intelligence community business system transformation,
including review, approval, and oversight of the planning,
design, acquisition, deployment, operation, and maintenance
of the business system transformation.
``(d) Intelligence Community Business System Investment
Review.--(1) The Director of the Office of Business
Transformation of the Office of the Director of National
Intelligence shall establish and implement, not later than
September 30, 2010, an investment review process for the
intelligence community business systems for which the
Director of the Office of Business Transformation is
responsible.
``(2) The investment review process under paragraph (1)
shall--
``(A) meet the requirements of section 11312 of title 40,
United States Code; and
``(B) specifically set forth the responsibilities of the
Director of the Office of Business Transformation under such
review process.
``(3) The investment review process under paragraph (1)
shall include the following elements:
``(A) Review and approval by an investment review board
(consisting of appropriate representatives of the
intelligence community) of each intelligence community
business system as an investment before the obligation of
funds for such system.
``(B) Periodic review, but not less often than annually, of
every intelligence community business system investment.
``(C) Thresholds for levels of review to ensure appropriate
review of intelligence community business system investments
depending on the scope, complexity, and cost of the system
involved.
``(D) Procedures for making certifications in accordance
with the requirements of subsection (a)(2).
``(e) Budget Information.--For each fiscal year after
fiscal year 2011, the Director of National Intelligence shall
include in the materials the Director submits to Congress in
support of the budget for such fiscal year that is submitted
to Congress under section 1105 of title 31, United States
Code, the following information:
``(1) An identification of each intelligence community
business system for which funding is proposed in such budget.
``(2) An identification of all funds, by appropriation,
proposed in such budget for each such system, including--
``(A) funds for current services to operate and maintain
such system;
``(B) funds for business systems modernization identified
for each specific appropriation; and
``(C) funds for associated business process improvement or
reengineering efforts.
``(3) The certification, if any, made under subsection
(a)(2) with respect to each such system.
``(f) Intelligence Community Business System Transformation
Governance Board.--(1) The Director of National Intelligence
shall establish a board within the intelligence community
business system transformation governance structure (in this
subsection referred to as the `Board').
``(2) The Board shall--
``(A) recommend to the Director policies and procedures
necessary to effectively integrate all business activities
and any transformation, reform, reorganization, or process
improvement initiatives undertaken within the intelligence
community;
``(B) review and approve any major update of--
``(i) the enterprise architecture developed under
subsection (b); and
``(ii) any plans for an intelligence community business
systems modernization;
``(C) manage cross-domain integration consistent with such
enterprise architecture;
``(D) coordinate initiatives for intelligence community
business system transformation to maximize benefits and
minimize costs for the intelligence community, and
periodically report to the Director on the status of efforts
to carry out an intelligence community business system
transformation;
``(E) ensure that funds are obligated for intelligence
community business system transformation in a manner
consistent with subsection (a); and
``(F) carry out such other duties as the Director shall
specify.
``(g) Relation to Annual Registration Requirements.--
Nothing in this section shall be construed to alter the
requirements of section 8083 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 989),
with regard to information technology systems (as defined in
subsection (d) of such section).
``(h) Relationship to Defense Business Enterprise
Architecture.--Nothing in this section shall be construed to
exempt funds authorized to be appropriated to the Department
of Defense from the requirements of section 2222 of title 10,
United States Code, to the extent that such requirements are
otherwise applicable.
``(i) Relation to Clinger-Cohen Act.--(1) Executive agency
responsibilities in chapter 113 of title 40, United States
Code, for any intelligence community business system
transformation shall be exercised jointly by--
``(A) the Director of National Intelligence and the Chief
Information Officer of the Intelligence Community; and
``(B) the head of the executive agency that contains the
element of the intelligence community involved and the chief
information officer of that executive agency.
``(2) The Director of National Intelligence and the head of
the executive agency referred to in paragraph (1)(B) shall
enter into a Memorandum of Understanding to carry out the
requirements of this section in a manner that best meets the
needs of the intelligence community and the executive agency.
``(j) Reports.--Not later than March 31 of each of the
years 2011 through 2015, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the compliance of the intelligence
community with the requirements of this section. Each such
report shall--
``(1) describe actions taken and proposed for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance against
specified performance measures, and any revision of such
milestones and performance measures; and
``(B) specific actions on the intelligence community
business system transformations submitted for certification
under such subsection;
``(2) identify the number of intelligence community
business system transformations that received a certification
described in subsection (a)(2); and
``(3) describe specific improvements in business operations
and cost savings resulting from successful intelligence
community business systems transformation efforts.
``(k) Definitions.--In this section:
``(1) The term `enterprise architecture' has the meaning
given that term in section 3601(4) of title 44, United States
Code.
``(2) The terms `information system' and `information
technology' have the meanings given those terms in section
11101 of title 40, United States Code.
``(3) The term `intelligence community business system'
means an information system, including a national security
system, that is operated by, for, or on behalf of an element
of the intelligence community, including a financial system,
mixed system, financial data feeder system, and the business
infrastructure capabilities shared by the systems of the
business enterprise architecture, including people, process,
and technology, that build upon the core infrastructure used
to support business activities, such as acquisition,
financial management, logistics, strategic planning and
budgeting, installations and environment, and human resource
management.
``(4) The term `intelligence community business system
transformation' means--
``(A) the acquisition or development of a new intelligence
community business system; or
[[Page S6774]]
``(B) any significant modification or enhancement of an
existing intelligence community business system (other than
necessary to maintain current services).
``(5) The term `national security system' has the meaning
given that term in section 3542 of title 44, United States
Code.
``(6) The term `Office of Business Transformation of the
Office of the Director of National Intelligence' includes any
successor office that assumes the functions of the Office of
Business Transformation of the Office of the Director of
National Intelligence as carried out by the Office of
Business Transformation on the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2010.''.
(2) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by section 321 of
this Act, is further amended by inserting after the item
relating to section 506C, as added by section 321(a)(2), the
following new item:
``Sec. 506D. Intelligence community business system transformation.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall designate a chair and other members to
serve on the board established under subsection (f) of such
section 506D of the National Security Act of 1947 (as added
by subsection (a)).
(2) Enterprise architecture.--
(A) Schedule for development.--The Director shall develop
the enterprise architecture required by subsection (b) of
such section 506D (as so added), including the initial
Business Enterprise Architecture for business transformation,
not later than September 30, 2010.
(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,
2010, 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,
2010, 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 March
31, 2011.
SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
(a) Reports.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 322 of
this Act, is further amended by inserting after section 506D,
as added by section 322(a)(1), the following new section:
``reports on the acquisition of major systems
``Sec. 506E. (a) Definitions.--In this section:
``(1) The term `cost estimate'--
``(A) means an assessment and quantification of all costs
and risks associated with the acquisition of a major system
based upon reasonably available information at the time the
Director establishes the 2010 adjusted total acquisition cost
for such system pursuant to subsection (h) or restructures
such system pursuant to section 506F(c); and
``(B) does not mean an `independent cost estimate'.
``(2) The term `critical cost growth threshold' means a
percentage increase in the total acquisition cost for a major
system of at least 25 percent over the total acquisition cost
for the major system as shown in the current Baseline
Estimate for the major system.
``(3)(A) The term `current Baseline Estimate' means the
projected total acquisition cost of a major system that is--
``(i) approved by the Director, or a designee of the
Director, at Milestone B or an equivalent acquisition
decision for the development, procurement, and construction
of such system;
``(ii) approved by the Director at the time such system is
restructured pursuant to section 506F(c); or
``(iii) the 2010 adjusted total acquisition cost determined
pursuant to subsection (h).
``(B) A current Baseline Estimate may be in the form of an
independent cost estimate.
``(4) Except as otherwise specifically provided, the term
`Director' means the Director of National Intelligence.
``(5) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(6) The term `major contract' means each of the 6 largest
prime, associate, or Government-furnished equipment contracts
under a major system that is in excess of $40,000,000 and
that is not a firm, fixed price contract.
``(7) The term `major system' has the meaning given that
term in section 506A(e).
``(8) The term `Milestone B' means a decision to enter into
major system development and demonstration pursuant to
guidance prescribed by the Director.
``(9) The term `program manager' means--
``(A) the head of the element of the intelligence community
that is responsible for the budget, cost, schedule, and
performance of a major system; or
``(B) in the case of a major system within the Office of
the Director of National Intelligence, the deputy who is
responsible for the budget, cost, schedule, and performance
of the major system.
``(10) The term `significant cost growth threshold' means
the percentage increase in the total acquisition cost for a
major system of at least 15 percent over the total
acquisition cost for such system as shown in the current
Baseline Estimate for such system.
``(11) The term `total acquisition cost' means the amount
equal to the total cost for development and procurement of,
and system-specific construction for, a major system.
``(b) Major System Cost Reports.--(1) The program manager
for a major system shall, on a quarterly basis, submit to the
Director a major system cost report as described in paragraph
(2).
``(2) A major system cost report shall include the
following information (as of the last day of the quarter for
which the report is made):
``(A) The total acquisition cost for the major system.
``(B) Any cost variance or schedule variance in a major
contract for the major system since the contract was entered
into.
``(C) Any changes from a major system schedule milestones
or performances that are known, expected, or anticipated by
the program manager.
``(D) Any significant changes in the total acquisition cost
for development and procurement of any software component of
the major system, schedule milestones for such software
component of the major system, or expected performance of
such software component of the major system that are known,
expected, or anticipated by the program manager.
``(3) Each major system cost report required by paragraph
(1) shall be submitted not more than 30 days after the end of
the reporting quarter.
``(c) Reports for Breach of Significant or Critical Cost
Growth Thresholds.--If the program manager of a major system
for which a report has previously been submitted under
subsection (b) determines at any time during a quarter that
there is reasonable cause to believe that the total
acquisition cost for the major system has increased by a
percentage equal to or greater than the significant cost
growth threshold or critical cost growth threshold and if a
report indicating an increase of such percentage or more has
not previously been submitted to the Director, then the
program manager shall immediately submit to the Director a
major system cost report containing the information,
determined as of the date of the report, required under
subsection (b).
``(d) Notification to Congress of Cost Growth.--(1)
Whenever a major system cost report is submitted to the
Director, the Director shall determine whether the current
acquisition cost for the major system has increased by a
percentage equal to or greater than the significant cost
growth threshold or the critical cost growth threshold.
``(2) If the Director determines that the current total
acquisition cost has increased by a percentage equal to or
greater than the significant cost growth threshold or
critical cost growth threshold, the Director shall submit to
Congress a Major System Congressional Report pursuant to
subsection (e).
``(e) Requirement for Major System Congressional Report.--
(1) Whenever the Director determines under subsection (d)
that the total acquisition cost of a major system has
increased by a percentage equal to or greater than the
significant cost growth threshold for the major system, a
Major System Congressional Report shall be submitted to
Congress not later than 45 days after the date on which the
Director receives the major system cost report for such major
system.
``(2) If the total acquisition cost of a major system (as
determined by the Director under subsection (d)) increases by
a percentage equal to or greater than the critical cost
growth threshold for the program or subprogram, the Director
shall take actions consistent with the requirements of
section 506F.
``(f) Major System Congressional Report Elements.--(1)
Except as provided in paragraph (2), each Major System
Congressional Report shall include the following:
``(A) The name of the major system.
``(B) The date of the preparation of the report.
``(C) The program phase of the major system as of the date
of the preparation of the report.
``(D) The estimate of the total acquisition cost for the
major system expressed in constant base-year dollars and in
current dollars.
``(E) The current Baseline Estimate for the major system in
constant base-year dollars and in current dollars.
``(F) A statement of the reasons for any increase in total
acquisition cost for the major system.
[[Page S6775]]
``(G) The completion status of the major system--
``(i) expressed as the percentage that the number of years
for which funds have been appropriated for the major system
is of the number of years for which it is planned that funds
will be appropriated for the major system; and
``(ii) expressed as the percentage that the amount of funds
that have been appropriated for the major system is of the
total amount of funds which it is planned will be
appropriated for the major system.
``(H) The fiscal year in which the major system was first
authorized and in which funds for such system were first
appropriated by Congress.
``(I) The current change and the total change, in dollars
and expressed as a percentage, in the total acquisition cost
for the major system, stated both in constant base-year
dollars and in current dollars.
``(J) The quantity of end items to be acquired under the
major system and the current change and total change, if any,
in that quantity.
``(K) The identities of the officers responsible for
management and cost control of the major system.
``(L) The action taken and proposed to be taken to control
future cost growth of the major system.
``(M) Any changes made in the performance or schedule
milestones of the major system and the extent to which such
changes have contributed to the increase in total acquisition
cost for the major system.
``(N) The following contract performance assessment
information with respect to each major contract under the
major system:
``(i) The name of the contractor.
``(ii) The phase that the contract is in at the time of the
preparation of the report.
``(iii) The percentage of work under the contract that has
been completed.
``(iv) Any current change and the total change, in dollars
and expressed as a percentage, in the contract cost.
``(v) The percentage by which the contract is currently
ahead of or behind schedule.
``(vi) A narrative providing a summary explanation of the
most significant occurrences, including cost and schedule
variances under major contracts of the major system,
contributing to the changes identified and a discussion of
the effect these occurrences will have on the future costs
and schedule of the major system.
``(O) In any case in which one or more problems with a
software component of the major system significantly
contributed to the increase in costs of the major system, the
action taken and proposed to be taken to solve such problems.
``(2) A Major System Congressional Report prepared for a
major system for which the increase in the total acquisition
cost is due to termination or cancellation of the entire
major system shall include only--
``(A) the information described in subparagraphs (A)
through (F) of paragraph (1); and
``(B) the total percentage change in total acquisition cost
for such system.
``(g) Prohibition on Obligation of Funds.--If a
determination of an increase by a percentage equal to or
greater than the significant cost growth threshold is made by
the Director under subsection (d) and a Major System
Congressional Report containing the information described in
subsection (f) is not submitted to Congress under subsection
(e)(1), or if a determination of an increase by a percentage
equal to or greater than the critical cost growth threshold
is made by the Director under subsection (d) and the Major
System Congressional Report containing the information
described in subsection (f) and section 506F(b)(3) and the
certification required by section 506F(b)(2) are not
submitted to Congress under subsection (e)(2), funds
appropriated for construction, research, development, test,
evaluation, and procurement may not be obligated for a major
contract under the major system. The prohibition on the
obligation of funds for a major system shall cease to apply
at the end of the 45-day period that begins on the date--
``(1) on which Congress receives the Major System
Congressional Report under subsection (e)(1) with respect to
that major system, in the case of a determination of an
increase by a percentage equal to or greater than the
significant cost growth threshold (as determined in
subsection (d)); or
``(2) on which Congress receives both the Major System
Congressional Report under subsection (e)(2) and the
certification of the Director under section 506F(b)(2) with
respect to that major system, in the case of an increase by a
percentage equal to or greater than the critical cost growth
threshold (as determined under subsection (d)).
``(h) Treatment of Cost Increases Prior to Enactment of
Intelligence Authorization Act for Fiscal Year 2010.--(1) Not
later than 180 days after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2010, the
Director--
``(A) shall, for each major system, determine if the total
acquisition cost of such major system increased by a
percentage equal to or greater than the significant cost
growth threshold or the critical cost growth threshold prior
to such date of enactment;
``(B) shall establish for each major system for which the
total acquisition cost has increased by a percentage equal to
or greater than the significant cost growth threshold or the
critical cost growth threshold prior to such date of
enactment a revised current Baseline Estimate based upon an
updated cost estimate;
``(C) may, for a major system not described in subparagraph
(B), establish a revised current Baseline Estimate based upon
an updated cost estimate; and
``(D) shall submit to Congress a report describing--
``(i) each determination made under subparagraph (A);
``(ii) each revised current Baseline Estimate established
for a major system under subparagraph (B); and
``(iii) each revised current Baseline Estimate established
for a major system under subparagraph (C), including the
percentage increase of the total acquisition cost of such
major system that occurred prior to the date of the enactment
of such Act.
``(2) The revised current Baseline Estimate established for
a major system under subparagraph (B) or (C) of paragraph (1)
shall be the 2010 adjusted total acquisition cost for the
major system and may include the estimated cost of conducting
any vulnerability assessments for such major system required
under section 506C.
``(i) Requirements To Use Base Year Dollars.--Any
determination of a percentage increase under this section
shall be stated in terms of constant base year dollars.
``(j) Form of Report.--Any report required to be submitted
under this section may be submitted in a classified form.''.
(2) Applicability date of quarterly reports.--The first
report required to be submitted under subsection (b) of
section 506E of the National Security Act of 1947, as added
by paragraph (1) of this subsection, shall be submitted with
respect to the first fiscal quarter that begins on a date
that is not less than 180 days after the date of the
enactment of this Act.
(3) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by section 322 of
this Act, is further amended by inserting after the item
relating to section 506D, as added by section 322(a)(2), the
following new item:
``Sec. 506E. Reports on the acquisition of major systems.''.
(b) 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. CRITICAL COST GROWTH IN MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 323 of
this Act, is further amended by inserting after section 506E,
as added by section 323(a), the following new section:
``critical cost growth in major systems
``Sec. 506F. (a) Reassessment of Major System.--If the
Director of National Intelligence determines under section
506E(d) that the total acquisition cost of a major system has
increased by a percentage equal to or greater than the
critical cost growth threshold for the major system, the
Director shall--
``(1) determine the root cause or causes of the critical
cost growth, in accordance with applicable statutory
requirements, policies, procedures, and guidance; and
``(2) carry out an assessment of--
``(A) the projected cost of completing the major system if
current requirements are not modified;
``(B) the projected cost of completing the major system
based on reasonable modification of such requirements;
``(C) the rough order of magnitude of the costs of any
reasonable alternative system or capability; and
``(D) the need to reduce funding for other systems due to
the growth in cost of the major system.
``(b) Presumption of Termination.--(1) After conducting the
reassessment required by subsection (a) with respect to a
major system, the Director shall terminate the major system
unless the Director submits to Congress a Major System
Congressional Report containing a certification in accordance
with paragraph (2) and the information described in paragraph
(3). The Director shall submit such Major System
Congressional Report and certification not later than 90 days
after the date the Director receives the relevant major
system cost report under subsection (b) or (c) of section
506E.
``(2) A certification described by this paragraph with
respect to a major system is a written certification that--
``(A) the continuation of the major system is essential to
the national security;
``(B) there are no alternatives to the major system that
will provide acceptable capability to meet the intelligence
requirement at less cost;
``(C) the new estimates of the total acquisition cost have
been determined by the Director to be reasonable;
``(D) the major system is a higher priority than other
systems whose funding must be reduced to accommodate the
growth in cost of the major system; and
``(E) the management structure for the major system is
adequate to manage and control the total acquisition cost.
``(3) A Major System Congressional Report accompanying a
written certification under paragraph (2) shall include, in
addition to the requirements of section 506E(e), the root
cause analysis and assessment carried out
[[Page S6776]]
pursuant to subsection (a), the basis for each determination
made in accordance with subparagraphs (A) through (E) of
paragraph (2), and a description of all funding changes made
as a result of the growth in the cost of the major system,
including reductions made in funding for other systems to
accommodate such cost growth, together with supporting
documentation.
``(c) Actions if Major System Not Terminated.--If the
Director elects not to terminate a major system pursuant to
subsection (b), the Director shall--
``(1) restructure the major system in a manner that
addresses the root cause or causes of the critical cost
growth, as identified pursuant to subsection (a), and ensures
that the system has an appropriate management structure as
set forth in the certification submitted pursuant to
subsection (b)(2)(E);
``(2) rescind the most recent Milestone approval for the
major system;
``(3) require a new Milestone approval for the major system
before taking any action to enter a new contract, exercise an
option under an existing contract, or otherwise extend the
scope of an existing contract under the system, except to the
extent determined necessary by the Milestone Decision
Authority, on a nondelegable basis, to ensure that the system
may be restructured as intended by the Director without
unnecessarily wasting resources;
``(4) establish a revised current Baseline Estimate for the
major system based upon an updated cost estimate; and
``(5) conduct regular reviews of the major system.
``(d) Actions if Major System Terminated.--If a major
system is terminated pursuant to subsection (b), the Director
shall submit to Congress a written report setting forth--
``(1) an explanation of the reasons for terminating the
major system;
``(2) the alternatives considered to address any problems
in the major system; and
``(3) the course the Director plans to pursue to meet any
intelligence requirements otherwise intended to be met by the
major system.
``(e) Form of Report.--Any report or certification required
to be submitted under this section may be submitted in a
classified form.
``(f) Waiver.--(1) The Director may waive the requirements
of subsections (d)(2), (e), and (g) of section 506E and
subsections (a)(2), (b), (c), and (d) of this section with
respect to a major system if the Director determines that at
least 90 percent of the amount of the current Baseline
Estimate for the major system has been expended.
``(2)(A) If the Director grants a waiver under paragraph
(1) with respect to a major system, the Director shall submit
to the congressional intelligence committees written notice
of the waiver that includes--
``(i) the information described in section 506E(f); and
``(ii) if the current total acquisition cost of the major
system has increased by a percentage equal to or greater than
the critical cost growth threshold--
``(I) a determination of the root cause or causes of the
critical cost growth, as described in subsection (a)(1); and
``(II) a certification that includes the elements described
in subparagraphs (A), (B), and (E) of subsection (b)(2).
``(B) The Director shall submit the written notice required
by subparagraph (A) not later than 90 days after the date
that the Director receives a major system cost report under
subsection (b) or (c) of section 506E that indicates that the
total acquisition cost for the major system has increased by
a percentage equal to or greater than the significant cost
growth threshold or critical cost growth threshold.
``(g) Definitions.--In this section, the terms `cost
estimate', `critical cost growth threshold', `current
Baseline Estimate', `major system', and `total acquisition
cost' have the meaning given those terms in section
506E(a).''.
(b) Table of Contents Amendment.--The table of contents in
the first section of that Act, as amended by section 323 of
this Act, is further amended by inserting after the items
relating to section 506E, as added by section 323(a)(3), the
following new item:
``Sec. 506F. Critical cost growth in major systems.''.
SEC. 325. FUTURE BUDGET PROJECTIONS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 324 of
this Act, is further amended by inserting after section 506F,
as added by section 324(a), the following new section:
``future budget projections
``Sec. 506G. (a) Future Year Intelligence Plans.--(1) The
Director of National Intelligence, with the concurrence of
the Director of the Office of Management and Budget, shall
provide to the congressional intelligence committees a Future
Year Intelligence Plan, as described in paragraph (2), for--
``(A) each expenditure center in the National Intelligence
Program; and
``(B) each major system in the National Intelligence
Program.
``(2)(A) A Future Year Intelligence Plan submitted under
this subsection shall include the year-by-year proposed
funding for each center or system referred to in subparagraph
(A) or (B) of paragraph (1), for the budget year for which
the Plan is submitted and not less than the 4 subsequent
fiscal years.
``(B) A Future Year Intelligence Plan submitted under
subparagraph (B) of paragraph (1) for a major system shall
include--
``(i) the estimated total life-cycle cost of such major
system; and
``(ii) major milestones that have significant resource
implications for such major system.
``(b) Long-term Budget Projections.--(1) The Director of
National Intelligence, with the concurrence of the Director
of the Office of Management and Budget, shall provide to the
congressional intelligence committees a Long-term Budget
Projection for each element of the intelligence community
funded under the National Intelligence Program acquiring a
major system that includes the budget for such element for
the 5-year period that begins on the day after the end of the
last fiscal year for which year-by-year proposed funding is
included in a Future Year Intelligence Plan for such major
system in accordance with subsection (a)(2)(A).
``(2) A Long-term Budget Projection submitted under
paragraph (1) shall include--
``(A) projections for the appropriate element of the
intelligence community for--
``(i) pay and benefits of officers and employees of such
element;
``(ii) other operating and support costs and minor
acquisitions of such element;
``(iii) research and technology required by such element;
``(iv) current and planned major system acquisitions for
such element;
``(v) any future major system acquisitions for such
element; and
``(vi) any additional funding projections that the Director
of National Intelligence considers appropriate;
``(B) a budget projection based on effective cost and
schedule execution of current or planned major system
acquisitions and application of Office of Management and
Budget inflation estimates to future major system
acquisitions;
``(C) any additional assumptions and projections that the
Director of National Intelligence considers appropriate; and
``(D) a description of whether, and to what extent, the
total projection for each year exceeds the level that would
result from applying the most recent Office of Management and
Budget inflation estimate to the budget of that element of
the intelligence community.
``(c) Submission to Congress.--The Director of National
Intelligence, with the concurrence of the Director of the
Office of Management and Budget, shall submit to the
congressional intelligence committees each Future Year
Intelligence Plan or Long-term Budget Projection required
under subsection (a) or (b) for a fiscal year at the time
that the President submits to Congress the budget for such
fiscal year pursuant section 1105 of title 31, United States
Code.
``(d) Major System Affordability Report.--(1) The Director
of National Intelligence, with the concurrence of the
Director of the Office of Management and Budget, shall
prepare a report on the acquisition of a major system funded
under the National Intelligence Program before the time that
the President submits to Congress the budget for the first
fiscal year in which appropriated funds are anticipated to be
obligated for the development or procurement of such major
system.
``(2) The report on such major system shall include an
assessment of whether, and to what extent, such acquisition,
if developed, procured, and operated, is projected to cause
an increase in the most recent Future Year Intelligence Plan
and Long-term Budget Projection submitted under section 506G
for an element of the intelligence community.
``(3) The Director of National Intelligence shall update
the report whenever an independent cost estimate must be
updated pursuant to section 506A(a)(4).
``(4) The Director of National Intelligence shall submit
each report required by this subsection at the time that the
President submits to Congress the budget for a fiscal year
pursuant to section 1105 of title 31, United States Code.
``(e) Definitions.--In this section:
``(1) Budget year.--The term `budget year' means the next
fiscal year for which the President is required to submit to
Congress a budget pursuant to section 1105 of title 31,
United States Code.
``(2) Independent cost estimate; major system.--The terms
`independent cost estimate' and `major system' have the
meaning given those terms in section 506A(e).''.
(b) Applicability Date.--The first Future Year Intelligence
Plan and Long-term Budget Projection required to be submitted
under subsection (a) and (b) of section 506G of the National
Security Act of 1947, as added by subsection (a), shall be
submitted to the congressional intelligence committees at the
time that the President submits to Congress the budget for
fiscal year 2012 pursuant to section 1105 of title 31, United
States Code.
(c) Conforming Amendments.--
(1) Table of contents amendment.--The table of contents in
the first section of that Act, as amended by section 324 of
this Act, is further amended by inserting after the items
relating to section 506F, as added by section 324(b), the
following new item:
``Sec. 506G. Future budget projections.''.
(2) Repeal of duplicative provision.--Section 8104 of the
Department of Defense Appropriations Act, 2010 (50 U.S.C.
415a-3; Public Law 111-118; 123 Stat. 3451) is repealed.
[[Page S6777]]
SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS.
Subsection (n) of section 102A of the National Security Act
of 1947 (50 U.S.C. 403-1) is amended by adding at the end the
following new paragraph:
``(4)(A) In addition to the authority referred to in
paragraph (1), the Director of National Intelligence may
authorize the head of an element of the intelligence
community to exercise an acquisition authority referred to in
section 3 or 8(a) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by such
element that is more than 50 percent funded under the
National Intelligence Program.
``(B) The head of an element of the intelligence community
may not exercise an authority referred to in subparagraph (A)
until--
``(i) the head of such element (without delegation) submits
to the Director of National Intelligence a written request
that includes--
``(I) a description of such authority requested to be
exercised;
``(II) an explanation of the need for such authority,
including an explanation of the reasons that other
authorities are insufficient; and
``(III) a certification that the mission of such element
would be--
``(aa) impaired if such authority is not exercised; or
``(bb) significantly and measurably enhanced if such
authority is exercised; and
``(ii) the Director of National Intelligence issues a
written authorization that includes--
``(I) a description of the authority referred to in
subparagraph (A) that is authorized to be exercised; and
``(II) a justification to support the exercise of such
authority.
``(C) A request and authorization to exercise an authority
referred to in subparagraph (A) may be made with respect to
an individual acquisition or with respect to a specific class
of acquisitions described in the request and authorization
referred to in subparagraph (B).
``(D)(i) A request from a head of an element of the
intelligence community located within one of the departments
described in clause (ii) to exercise an authority referred to
in subparagraph (A) shall be submitted to the Director of
National Intelligence in accordance with any procedures
established by the head of such department.
``(ii) The departments described in this clause are the
Department of Defense, the Department of Energy, the
Department of Homeland Security, the Department of Justice,
the Department of State, and the Department of the Treasury.
``(E)(i) The head of an element of the intelligence
community may not be authorized to utilize an authority
referred to in subparagraph (A) for a class of acquisitions
for a period of more than 3 years, except that the Director
of National Intelligence (without delegation) may authorize
the use of such an authority for not more than 6 years.
``(ii) Each authorization to utilize an authority referred
to in subparagraph (A) may be extended in accordance with the
requirements of subparagraph (B) for successive periods of
not more than 3 years, except that the Director of National
Intelligence (without delegation) may authorize an extension
period of not more than 6 years.
``(F) Subject to clauses (i) and (ii) of subparagraph (E),
the Director of National Intelligence may only delegate the
authority of the Director under subparagraphs (A) through (E)
to the Principal Deputy Director of National Intelligence or
a Deputy Director of National Intelligence.
``(G) The Director of National Intelligence shall submit--
``(i) to the congressional intelligence committees a
notification of an authorization to exercise an authority
referred to in subparagraph (A) or an extension of such
authorization that includes the written authorization
referred to in subparagraph (B)(ii); and
``(ii) to the Director of the Office of Management and
Budget a notification of an authorization to exercise an
authority referred to in subparagraph (A) for an acquisition
or class of acquisitions that will exceed $50,000,000
annually.
``(H) Requests and authorizations to exercise an authority
referred to in subparagraph (A) shall remain available within
the Office of the Director of National Intelligence for a
period of at least 6 years following the date of such request
or authorization.
``(I) Nothing in this paragraph may be construed to alter
or otherwise limit the authority of the Central Intelligence
Agency to independently exercise an authority under section 3
or 8(a) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403c and 403j(a)).''.
Subtitle D--Congressional Oversight, Plans, and Reports
SEC. 331. NOTIFICATION PROCEDURES.
(a) Procedures.--Section 501(c) of the National Security
Act of 1947 (50 U.S.C. 413(c)) is amended by striking ``such
procedures'' and inserting ``such written procedures''.
(b) Intelligence Activities.--Section 502(a)(2) of such Act
(50 U.S.C. 413a(a)(2)) is amended by inserting ``(including
the legal basis under which the intelligence activity is
being or was conducted)'' after ``concerning intelligence
activities''.
(c) Covert Actions.--Section 503 of such Act (50 U.S.C.
413b) is amended--
(1) in subsection (b)(2), by inserting ``(including the
legal basis under which the covert action is being or was
conducted)'' after ``concerning covert actions'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``in writing'' after
``be reported'';
(B) in paragraph (4), by striking ``committee. When'' and
inserting the following: ``committee.
``(5) When''; and
(C) in paragraph (5), as designated by subparagraph (B)--
(i) by inserting ``, or a notice provided under subsection
(d)(1),'' after ``access to a finding''; and
(ii) by inserting ``written'' before ``statement'';
(3) in subsection (d)--
(A) by striking ``(d) The President'' and inserting
``(d)(1) The President'';
(B) in paragraph (1), as designated by subparagraph (A), by
inserting ``in writing'' after ``notified''; and
(C) by adding at the end the following new paragraph:
``(2) In determining whether an activity constitutes a
significant undertaking for purposes of paragraph (1), the
President shall consider whether the activity--
``(A) involves significant risk of loss of life;
``(B) requires an expansion of existing authorities,
including authorities relating to research, development, or
operations;
``(C) results in the expenditure of significant funds or
other resources;
``(D) requires notification under section 504;
``(E) gives rise to a significant risk of disclosing
intelligence sources or methods; or
``(F) presents a reasonably foreseeable risk of serious
damage to the diplomatic relations of the United States if
such activity were disclosed without authorization.''; and
(4) by adding at the end the following new subsection:
``(g) The President shall maintain--
``(1) a record of the Members of Congress to whom a finding
is reported under subsection (c) or notice is provided under
subsection (d)(1) and the date on which each Member of
Congress receives such finding or notice; and
``(2) each written statement provided under subsection
(c)(5).''.
SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT
REQUIREMENTS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 325 of
this Act, is further amended by adding at the end the
following new section:
``certification of compliance with oversight requirements
``Sec. 508. The head of each element of the intelligence
community shall annually submit to the congressional
intelligence committees--
``(1) a certification that, to the best of the knowledge of
the head of such element--
``(A) the head of such element is in full compliance with
the requirements of this title; and
``(B) any information required to be submitted by the head
of such element under this Act before the date of the
submission of such certification has been properly submitted;
or
``(2) if the head of such element is unable to submit a
certification under paragraph (1), a statement--
``(A) of the reasons the head of such element is unable to
submit such a certification;
``(B) describing any information required to be submitted
by the head of such element under this Act before the date of
the submission of such statement that has not been properly
submitted; and
``(C) that the head of such element will submit such
information as soon as possible after the submission of such
statement.''.
(b) Applicability Date.--The first certification or
statement required to be submitted by the head of each
element of the intelligence community under section 508 of
the National Security Act of 1947, as added by subsection
(a), shall be submitted not later than 90 days after the date
of the enactment of this Act.
(c) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 325 of this Act, is further amended by
inserting after the item related to section 507 the following
new item:
``Sec. 508. Certification of compliance with oversight requirements.''.
SEC. 333. REPORT ON DETENTION AND INTERROGATION ACTIVITIES.
(a) Requirement for Report.--Not later than December 1,
2010, the Director of National Intelligence, in coordination
with the Attorney General and the Secretary of Defense, shall
submit to the congressional intelligence committees a
comprehensive report containing--
(1) the policies and procedures of the United States
Government governing participation by an element of the
intelligence community in the interrogation of individuals
detained by the United States who are suspected of
international terrorism with the objective, in whole or in
part, of acquiring national intelligence, including such
policies and procedures of each appropriate element of the
intelligence community or interagency body established to
carry out interrogation;
(2) the policies and procedures relating to any detention
by the Central Intelligence Agency of such individuals in
accordance with Executive Order 13491;
(3) the legal basis for the policies and procedures
referred to in paragraphs (1) and (2);
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(4) the training and research to support the policies and
procedures referred to in paragraphs (1) and (2); and
(5) any action that has been taken to implement section
1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-
1).
(b) Other Submission of Report.--
(1) Congressional armed services committees.--To the extent
that the report required by subsection (a) addresses an
element of the intelligence community within the Department
of Defense, the Director of National Intelligence, in
consultation with the Secretary of Defense, shall submit that
portion of the report, and any associated material that is
necessary to make that portion understandable, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives. The
Director of National Intelligence may authorize redactions of
the report and any associated materials submitted pursuant to
this paragraph, if such redactions are consistent with the
protection of sensitive intelligence sources and methods.
(2) Congressional judiciary committees.--To the extent that
the report required by subsection (a) addresses an element of
the intelligence community within the Department of Justice,
the Director of National Intelligence, in consultation with
the Attorney General, shall submit that portion of the
report, and any associated material that is necessary to make
that portion understandable, to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives. The Director of National
Intelligence may authorize redactions of the report and any
associated materials submitted pursuant to this paragraph, if
such redactions are consistent with the protection of
sensitive intelligence sources and methods.
(c) Form of Submissions.--Any submission required under
this section may be submitted in classified form.
SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TERRORIST
RECIDIVISM OF DETAINEES HELD AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.
Not later than 60 days after the date of the enactment of
this Act, the Director of National Intelligence, in
consultation with the Director of the Central Intelligence
Agency and the Director of the Defense Intelligence Agency,
shall make publicly available an unclassified summary of--
(1) intelligence relating to recidivism of detainees
currently or formerly held at the Naval Detention Facility at
Guantanamo Bay, Cuba, by the Department of Defense; and
(2) an assessment of the likelihood that such detainees
will engage in terrorism or communicate with persons in
terrorist organizations.
SEC. 335. REPORT AND STRATEGIC PLAN ON BIOLOGICAL WEAPONS.
(a) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report on--
(1) the intelligence collection efforts of the United
States dedicated to assessing the threat from biological
weapons from state, nonstate, or rogue actors, either foreign
or domestic; and
(2) efforts to protect the biodefense knowledge and
infrastructure of the United States.
(b) Content.--The report required by subsection (a) shall
include--
(1) an assessment of the intelligence collection efforts of
the United States dedicated to detecting the development or
use of biological weapons by state, nonstate, or rogue
actors, either foreign or domestic;
(2) information on fiscal, human, technical, open-source,
and other intelligence collection resources of the United
States dedicated for use to detect or protect against the
threat of biological weapons;
(3) an assessment of any problems that may reduce the
overall effectiveness of United States intelligence
collection and analysis to identify and protect biological
weapons targets, including--
(A) intelligence collection gaps or inefficiencies;
(B) inadequate information sharing practices; or
(C) inadequate cooperation among departments or agencies of
the United States;
(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 on which the Director of National
Intelligence submits the report required by subsection (a),
the Director shall begin implementation of the strategic plan
referred to in subsection (b)(4).
SEC. 336. CYBERSECURITY OVERSIGHT.
(a) 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 (F) of paragraph
(2).
(B) New programs.--Not later than 30 days after the date of
the commencement of operations of a new cybersecurity
program, the President shall submit to Congress a
notification of such commencement that includes the
documentation referred to in subparagraphs (A) through (F) of
paragraph (2).
(2) Documentation.--A notification required by paragraph
(1) for a cybersecurity program shall include--
(A) the legal basis for the cybersecurity program;
(B) the certification, if any, made pursuant to section
2511(2)(a)(ii)(B) of title 18, United States Code, or other
statutory certification of legality for the cybersecurity
program;
(C) the concept for the operation of the cybersecurity
program that is approved by the head of the appropriate
department or agency of the United States;
(D) the assessment, if any, of the privacy impact of the
cybersecurity program prepared by the privacy or civil
liberties protection officer or comparable officer of such
department or agency;
(E) the plan, if any, for independent audit or review of
the cybersecurity program to be carried out by the head of
such department or agency, in conjunction with the
appropriate inspector general; and
(F) recommendations, if any, for legislation to improve the
capabilities of the United States Government to protect the
cybersecurity of the United States.
(b) Program Reports.--
(1) Requirement for reports.--The head of a department or
agency of the United States with responsibility for a
cybersecurity program for which a notification was submitted
under subsection (a), in consultation with the inspector
general for that department or agency, shall submit to
Congress and the President a report on such cybersecurity
program that includes--
(A) the results of any audit or review of the cybersecurity
program carried out under the plan referred to in subsection
(a)(2)(E), if any; and
(B) an assessment of whether the implementation of the
cybersecurity program--
(i) is in compliance with--
(I) the legal basis referred to in subsection (a)(2)(A);
and
(II) an assessment referred to in subsection (a)(2)(D), if
any;
(ii) is adequately described by the concept of operation
referred to in subsection (a)(2)(C); and
(iii) includes an adequate independent audit or review
system and whether improvements to such independent audit or
review system are necessary.
(2) Schedule for submission of reports.--
(A) Existing programs.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter,
the head of a department or agency of the United States with
responsibility for a cybersecurity program for which a
notification is required to be submitted under subsection
(a)(1)(A) shall submit a report required under paragraph (1).
(B) New programs.--Not later than 120 days after the date
on which a certification is submitted under subsection
(a)(1)(B), and annually thereafter, the head of a department
or agency of the United States with responsibility for the
cybersecurity program for which such certification is
submitted shall submit a report required under paragraph (1).
(3) Cooperation and coordination.--
(A) Cooperation.--The head of each department or agency of
the United States required to submit a report under paragraph
(1) for a particular cybersecurity program, and the inspector
general of each such department or agency, shall, to the
extent practicable, work in conjunction with any other such
head or inspector general required to submit such a report
for such cybersecurity program.
(B) Coordination.--The heads of all of the departments and
agencies of the United States required to submit a report
under paragraph (1) for a particular cybersecurity program
shall designate one such head to coordinate the conduct of
the reports on such program.
(c) Information Sharing Report.--Not later than one year
after the date of the enactment of this Act, the Inspector
General of the Department of Homeland Security and the
Inspector General of the Intelligence Community shall jointly
submit to Congress and the President a report on the status
of the sharing of cyber-threat information, including--
(1) a description of how cyber-threat intelligence
information, including classified information, is shared
among the agencies and departments of the United States and
with persons responsible for critical infrastructure;
(2) a description of the mechanisms by which classified
cyber-threat information is distributed;
(3) an assessment of the effectiveness of cyber-threat
information sharing and distribution; and
(4) any other matters identified by either Inspector
General that would help to fully
[[Page S6779]]
inform Congress or the President regarding the effectiveness
and legality of cybersecurity programs.
(d) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other
provision of law, the head of an element of the intelligence
community that is funded through the National Intelligence
Program may detail an officer or employee of such element to
the National Cyber Investigative Joint Task Force or to the
Department of Homeland Security to assist the Task Force or
the Department with cybersecurity, as jointly agreed by the
head of such element and the Task Force or the Department.
(2) Basis for detail.--A personnel detail made under
paragraph (1) may be made--
(A) for a period of not more than three years; and
(B) on a reimbursable or nonreimbursable basis.
(e) Additional Plan.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to Congress a plan for recruiting,
retaining, and training a highly-qualified cybersecurity
intelligence community workforce to secure the networks of
the intelligence community. Such plan shall include--
(1) an assessment of the capabilities of the current
workforce;
(2) an examination of issues of recruiting, retention, and
the professional development of such workforce, including the
possibility of providing retention bonuses or other forms of
compensation;
(3) an assessment of the benefits of outreach and training
with both private industry and academic institutions with
respect to such workforce;
(4) an assessment of the impact of the establishment of the
Department of Defense Cyber Command on such workforce;
(5) an examination of best practices for making the
intelligence community workforce aware of cybersecurity best
practices and principles; and
(6) strategies for addressing such other matters as the
Director of National Intelligence considers necessary to the
cybersecurity of the intelligence community.
(f) Report on Guidelines and Legislation To Improve
Cybersecurity of the United States.--
(1) Initial.--Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence,
in coordination with the Attorney General, the Director of
the National Security Agency, the White House Cybersecurity
Coordinator, and any other officials the Director of National
Intelligence considers appropriate, shall submit to Congress
a report containing guidelines or legislative
recommendations, if appropriate, to improve the capabilities
of the intelligence community and law enforcement agencies to
protect the cybersecurity of the United States. Such report
shall include guidelines or legislative recommendations on--
(A) improving the ability of the intelligence community to
detect hostile actions and attribute attacks to specific
parties;
(B) the need for data retention requirements to assist the
intelligence community and law enforcement agencies;
(C) improving the ability of the intelligence community to
anticipate nontraditional targets of foreign intelligence
services; and
(D) the adequacy of existing criminal statutes to
successfully deter cyber attacks, including statutes
criminalizing the facilitation of criminal acts, the scope of
laws for which a cyber crime constitutes a predicate offense,
trespassing statutes, data breach notification requirements,
and victim restitution statutes.
(2) Subsequent.--Not later than one year after the date on
which the initial report is submitted under paragraph (1),
and annually thereafter for two years, the Director of
National Intelligence, in consultation with the Attorney
General, the Director of the National Security Agency, the
White House Cybersecurity Coordinator, and any other
officials the Director of National Intelligence considers
appropriate, shall submit to Congress an update of the report
required under paragraph (1).
(g) Sunset.--The requirements and authorities of
subsections (a) through (e) shall terminate on December 31,
2013.
(h) Definitions.--In this section:
(1) Cybersecurity program.--The term ``cybersecurity
program'' means a class or collection of similar
cybersecurity operations of a department or agency of the
United States that involves personally identifiable data that
is--
(A) screened by a cybersecurity system outside of the
department or agency of the United States that was the
intended recipient of the personally identifiable data;
(B) transferred, for the purpose of cybersecurity, outside
the department or agency of the United States that was the
intended recipient of the personally identifiable data; or
(C) transferred, for the purpose of cybersecurity, to an
element of the intelligence community.
(2) National cyber investigative joint task force.--The
term ``National Cyber Investigative Joint Task Force'' means
the multiagency cyber investigation coordination organization
overseen by the Director of the Federal Bureau of
Investigation known as the National Cyber Investigative Joint
Task Force that coordinates, integrates, and provides
pertinent information related to cybersecurity
investigations.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016 of the USA PATRIOT Act (42 U.S.C. 5195c).
SEC. 337. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE
INTELLIGENCE COMMUNITY.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and biennially thereafter for four
years, the Director of National Intelligence shall submit to
the congressional intelligence committees and the Committees
on Armed Services of the House of Representatives and the
Senate a report on the proficiency in foreign languages and,
as appropriate, in foreign dialects, of each element of the
intelligence community, including--
(1) the number of positions authorized for such element
that require foreign language proficiency and a description
of the level of proficiency required;
(2) an estimate of the number of such positions that such
element will require during the five-year period beginning on
the date of the submission of the report;
(3) the number of positions authorized for such element
that require foreign language proficiency that are filled
by--
(A) military personnel; and
(B) civilian personnel;
(4) the number of applicants for positions in such element
in the preceding fiscal year that indicated foreign language
proficiency, including the foreign language indicated and the
proficiency level;
(5) the number of persons hired by such element with
foreign language proficiency, including the foreign language
and a description of the proficiency level of such persons;
(6) the number of personnel of such element currently
attending foreign language training, including the provider
of such training;
(7) a description of the efforts of such element to
recruit, hire, train, and retain personnel that are
proficient in a foreign language;
(8) an assessment of methods and models for basic,
advanced, and intensive foreign language training utilized by
such element;
(9) for each foreign language and, as appropriate, dialect
of a foreign language--
(A) the number of positions of such element that require
proficiency in the foreign language or dialect;
(B) the number of personnel of such element that are
serving in a position that requires proficiency in the
foreign language or dialect to perform the primary duty of
the position;
(C) the number of personnel of such element that are
serving in a position that does not require proficiency in
the foreign language or dialect to perform the primary duty
of the position;
(D) the number of personnel of such element rated at each
level of proficiency of the Interagency Language Roundtable;
(E) whether the number of personnel at each level of
proficiency of the Interagency Language Roundtable meets the
requirements of such element;
(F) the number of personnel serving or hired to serve as
linguists for such element that are not qualified as
linguists under the standards of the Interagency Language
Roundtable;
(G) the number of personnel hired to serve as linguists for
such element during the preceding calendar year;
(H) the number of personnel serving as linguists that
discontinued serving such element during the preceding
calendar year;
(I) the percentage of work requiring linguistic skills that
is fulfilled by a foreign country, international
organization, or other foreign entity; and
(J) the percentage of work requiring linguistic skills that
is fulfilled by contractors;
(10) an assessment of the foreign language capacity and
capabilities of the intelligence community as a whole;
(11) an identification of any critical gaps in foreign
language proficiency with respect to such element and
recommendations for eliminating such gaps;
(12) recommendations, if any, for eliminating required
reports relating to foreign-language proficiency that the
Director of National Intelligence considers outdated or no
longer relevant; and
(13) an assessment of the feasibility of employing foreign
nationals lawfully present in the United States who have
previously worked as translators or interpreters for the
Armed Forces or another department or agency of the United
States Government in Iraq or Afghanistan to meet the critical
language needs of such element.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 338. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE
INTELLIGENCE COMMUNITY.
(a) Requirement for Report.--Not later than one year after
the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the head of each
element of the intelligence community, shall submit to the
congressional intelligence committees a report on the plans
of each such element to increase diversity within the
intelligence community.
(b) Content.--The report required by subsection (a) shall
include specific implementation plans to increase diversity
within each element of the intelligence community,
including--
[[Page S6780]]
(1) specific implementation plans for each such element
designed to achieve the goals articulated in the strategic
plan of the Director of National Intelligence on equal
employment opportunity and diversity;
(2) specific plans and initiatives for each such element to
increase recruiting and hiring of diverse candidates;
(3) specific plans and initiatives for each such element to
improve retention of diverse Federal employees at the junior,
midgrade, senior, and management levels;
(4) a description of specific diversity awareness training
and education programs for senior officials and managers of
each such element; and
(5) a description of performance metrics to measure the
success of carrying out the plans, initiatives, and programs
described in paragraphs (1) through (4).
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 339. REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirement for Report.--Not later than February 1,
2011, the Director of National Intelligence shall submit to
the congressional intelligence committees and the Committees
on Armed Services of the House of Representatives and the
Senate a report describing the use of personal services
contracts across the intelligence community, the impact of
the use of such contracts on the intelligence community
workforce, plans for conversion of contractor employment into
United States Government employment, and the accountability
mechanisms that govern the performance of such personal
services contracts.
(b) Content.--
(1) In general.--The report submitted under subsection (a)
shall include--
(A) a description of any relevant regulations or guidance
issued by the Director of National Intelligence or the head
of an element of the intelligence community and in effect as
of February 1, 2011, relating to minimum standards required
regarding the hiring, training, security clearance, and
assignment of contract personnel and how those standards may
differ from those for United States Government employees
performing substantially similar functions;
(B) an identification of contracts in effect during the
preceding fiscal year under which the contractor is
performing substantially similar functions to a United States
Government employee;
(C) an assessment of costs incurred or savings achieved
during the preceding fiscal year by awarding contracts for
the performance of such functions referred to in subparagraph
(B) instead of using full-time employees of the elements of
the intelligence community to perform such functions;
(D) an assessment of the appropriateness of using
contractors to perform the activities described in paragraph
(2);
(E) an estimate of the number of contracts, and the number
of personnel working under such contracts, related to the
performance of activities described in paragraph (2);
(F) a comparison of the compensation of contract employees
and United States Government employees performing
substantially similar functions during the preceding fiscal
year;
(G) an analysis of the attrition of United States
Government employees for contractor positions that provide
substantially similar functions during the preceding fiscal
year;
(H) a description of positions that have been or will be
converted from contractor employment to United States
Government employment during fiscal years 2011 and 2012;
(I) an analysis of the oversight and accountability
mechanisms applicable to personal services contracts awarded
for intelligence activities by each element of the
intelligence community during fiscal years 2009 and 2010;
(J) an analysis of procedures in use in the intelligence
community as of February 1, 2011, for conducting oversight of
contractors to ensure identification and prosecution of
criminal violations, financial waste, fraud, or other abuses
committed by contractors or contract personnel; and
(K) an identification of best practices for oversight and
accountability mechanisms applicable to personal services
contracts.
(2) Activities.--Activities described in this paragraph are
the following:
(A) Intelligence collection.
(B) Intelligence analysis.
(C) Covert actions, including rendition, detention, and
interrogation activities.
SEC. 340. STUDY ON ELECTRONIC WASTE DESTRUCTION PRACTICES OF
THE INTELLIGENCE COMMUNITY.
(a) Study.--The Inspector General of the Intelligence
Community shall conduct a study on the electronic waste
destruction practices of the intelligence community. Such
study shall assess--
(1) the security of the electronic waste disposal practices
of the intelligence community, including the potential for
counterintelligence exploitation of destroyed, discarded, or
recycled materials;
(2) the environmental impact of such disposal practices;
and
(3) methods to improve the security and environmental
impact of such disposal practices, including steps to prevent
the forensic exploitation of electronic waste.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report containing the results of
the study conducted under subsection (a).
SEC. 341. REVIEW OF RECORDS RELATING TO POTENTIAL HEALTH
RISKS AMONG DESERT STORM VETERANS.
(a) Review.--The Director of the Central Intelligence
Agency shall conduct a classification review of the records
of the Agency that are relevant to the known or potential
health effects suffered by veterans of Operation Desert Storm
as described in the November 2008, report by the Department
of Veterans Affairs Research Advisory Committee on Gulf War
Veterans' Illnesses.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Director of the Central
Intelligence Agency shall submit to Congress the results of
the classification review conducted under subsection (a),
including the total number of records of the Agency that are
relevant.
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 342. REVIEW OF FEDERAL BUREAU OF INVESTIGATION EXERCISE
OF ENFORCEMENT JURISDICTION IN FOREIGN NATIONS.
Not later than 120 days after the date of the enactment of
this Act, the Director of the Federal Bureau of
Investigation, in consultation with the Secretary of State,
shall submit to Congress a review of constraints under
international law and the laws of foreign nations to the
assertion of enforcement jurisdiction with respect to
criminal investigations of terrorism offenses under the laws
of the United States conducted by agents of the Federal
Bureau of Investigation in foreign nations and using funds
made available for the National Intelligence Program,
including constraints identified in section 432 of the
Restatement (Third) of the Foreign Relations Law of the
United States.
SEC. 343. PUBLIC RELEASE OF INFORMATION ON PROCEDURES USED IN
NARCOTICS AIRBRIDGE DENIAL PROGRAM IN PERU.
Not later than 30 days after the date of the enactment of
this Act, the Director of the Central Intelligence Agency
shall make publicly available an unclassified version of the
report of the Inspector General of the Central Intelligence
Agency entitled ``Procedures Used in Narcotics Airbridge
Denial Program in Peru, 1995-2001'', dated August 25, 2008.
SEC. 344. REPORT ON THREAT FROM DIRTY BOMBS.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence, in
consultation with the Nuclear Regulatory Commission, shall
submit to Congress a report summarizing intelligence related
to the threat to the United States from weapons that use
radiological materials, including highly dispersible
substances such as cesium-137.
SEC. 345. REPORT ON CREATION OF SPACE INTELLIGENCE OFFICE.
Not later than 60 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit
to Congress a report on the feasibility and advisability of
creating a national space intelligence office to manage
space-related intelligence assets and access to such assets.
SEC. 346. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE DEVICE ON
NORTHWEST AIRLINES FLIGHT 253.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit
to Congress a report on the attempt to detonate an explosive
device aboard Northwest Airlines flight number 253 on
December 25, 2009. Such report shall describe the failures,
if any, to share or analyze intelligence or other information
and the measures that the intelligence community has taken or
will take to prevent such failures, including--
(1) a description of the roles and responsibilities of the
counterterrorism analytic components of the intelligence
community in synchronizing, correlating, and analyzing all
sources of intelligence related to terrorism;
(2) an assessment of the technological capabilities of the
United States Government to assess terrorist threats,
including--
(A) a list of all databases used by counterterrorism
analysts;
(B) a description of the steps taken by the intelligence
community to integrate all relevant terrorist databases and
allow for cross-database searches;
(C) a description of the steps taken by the intelligence
community to correlate biographic information with terrorism-
related intelligence; and
(D) a description of the improvements to information
technology needed to enable the United States Government to
better share information;
(3) any recommendations that the Director considers
appropriate for legislation to improve the sharing of
intelligence or information relating to terrorists;
(4) a description of the steps taken by the intelligence
community to train analysts on watchlisting processes and
procedures;
(5) a description of the manner in which watchlisting
information is entered, reviewed, searched, analyzed, and
acted upon by the relevant elements of the United States
Government;
(6) a description of the steps the intelligence community
is taking to enhance the rigor and raise the standard of
tradecraft of intelligence analysis related to uncovering and
preventing terrorist plots;
(7) a description of the processes and procedures by which
the intelligence community
[[Page S6781]]
prioritizes terrorism threat leads and the standards used by
elements of the intelligence community to determine if
follow-up action is appropriate;
(8) a description of the steps taken to enhance record
information on possible terrorists in the Terrorist
Identities Datamart Environment;
(9) an assessment of how to meet the challenge associated
with exploiting the ever-increasing volume of information
available to the intelligence community; and
(10) a description of the steps the intelligence community
has taken or will take to respond to any findings and
recommendations of the congressional intelligence committees,
with respect to any such failures, that have been transmitted
to the Director of National Intelligence.
SEC. 347. REPEAL OR MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS.
(a) Annual Report on Intelligence.--Section 109 of the
National Security Act of 1947 (50 U.S.C. 404d) is repealed.
(b) Annual and Special Reports on Intelligence Sharing With
the United Nations.--Section 112 of the National Security Act
of 1947 (50 U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual Report on Progress in Auditable Financial
Statements.--Section 114A of the National Security Act of
1947 (50 U.S.C. 404i-1) is repealed.
(d) Report on Financial Intelligence on Terrorist Assets.--
Section 118 of the National Security Act of 1947 (50 U.S.C.
404m) is amended--
(1) in the heading, by striking ``semiannual'' and
inserting ``annual'';
(2) in subsection (a)--
(A) in the heading, by striking ``Semiannual'' and
inserting ``Annual'';
(B) in the matter preceding paragraph (1)--
(i) by striking ``semiannual basis'' and inserting ``annual
basis''; and
(ii) by striking ``preceding six-month period'' and
inserting ``preceding one-year period'';
(C) by striking paragraph (2); and
(D) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``the Committee on Armed
Services,'' after ``the Committee on Appropriations,''; and
(B) in paragraph (2), by inserting ``the Committee on Armed
Services,'' after ``the Committee on Appropriations,''.
(e) Annual Certification on Counterintelligence
Initiatives.--Section 1102(b) of the National Security Act of
1947 (50 U.S.C. 442a(b)) is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(f) Report and Certification Under Terrorist Identification
Classification System.--Section 343 of the Intelligence
Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is
amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
(g) Annual Report on Counterdrug Intelligence Matters.--
Section 826 of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 21 U.S.C. 873 note) is
repealed.
(h) Biennial Report on Foreign Industrial Espionage.--
Subsection (b) of section 809 of the Intelligence
Authorization Act for Fiscal Year 1995 (50 U.S.C. App. 2170b)
is amended--
(1) in the heading, by striking ``Annual Update'' and
inserting ``Biennial Report'';
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraph:
``(1) Requirement to submit.--Not later than February 1,
2011, and once every two years thereafter, the President
shall submit to the congressional intelligence committees and
congressional leadership a report updating the information
referred to in subsection (a)(1)D).''; and
(3) by redesignating paragraph (3) as paragraph (2).
(i) Table of Contents Amendments.--
(1) National security act of 1947.--The table of contents
in the first section of the National Security Act of 1947, as
amended by section 332 of this Act, is further amended--
(A) by striking the item relating to section 109;
(B) by striking the item relating to section 114A; and
(C) by striking the item relating to section 118 and
inserting the following new item:
``Sec. 118. Annual report on financial intelligence on terrorist
assets.''.
(2) Intelligence authorization act for fiscal year 2003.--
The table of contents in the first section of the
Intelligence Authorization Act for Fiscal Year 2003 (Public
Law 107-306; 116 Stat. 2383) is amended by striking the item
relating to section 826.
SEC. 348. INCORPORATION OF REPORTING REQUIREMENTS.
Each requirement to submit a report to the congressional
intelligence committees that is included in the classified
annex to this Act is hereby incorporated into this Act and is
hereby made a requirement in law.
SEC. 349. CONFORMING AMENDMENTS FOR REPORT SUBMISSION DATES.
Section 507 of the National Security Act of 1947 (50 U.S.C.
415b) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A), (B), and (G);
(ii) by redesignating subparagraphs (C), (D), (E), (F),
(H), (I), and (N) as subparagraphs (A), (B), (C), (D), (E),
(F), and (G), respectively; and
(iii) by adding at the end the following new subparagraphs:
``(H) The annual report on outside employment of employees
of elements of the intelligence community required by section
102A(u)(2).
``(I) The annual report on financial intelligence on
terrorist assets required by section 118.''; and
(B) in paragraph (2), by striking subparagraphs (C) and
(D); and
(2) in subsection (b), by striking paragraph (6).
Subtitle E--Other Matters
SEC. 361. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT
RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND
DECORATIONS.
Paragraph (4) of section 7342(f) of title 5, United States
Code, is amended to read as follows:
``(4)(A) In transmitting such listings for an element of
the intelligence community, the head of such element may
delete the information described in subparagraph (A) or (C)
of paragraph (2) or in subparagraph (A) or (C) of paragraph
(3) if the head of such element certifies in writing to the
Secretary of State that the publication of such information
could adversely affect United States intelligence sources or
methods.
``(B) Any information not provided to the Secretary of
State pursuant to the authority in subparagraph (A) shall be
transmitted to the Director of National Intelligence who
shall keep a record of such information.
``(C) In this paragraph, the term `intelligence community'
has the meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).''.
SEC. 362. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT
INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National
Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to read
as follows:
``(B) the use of such funds for such activity supports an
emergent need, improves program effectiveness, or increases
efficiency; and''.
SEC. 363. PROTECTION OF CERTAIN NATIONAL SECURITY
INFORMATION.
(a) Increase in Penalties for Disclosure of Undercover
Intelligence Officers and Agents.--
(1) Disclosure of agent after access to information
identifying agent.--Subsection (a) of section 601 of the
National Security Act of 1947 (50 U.S.C. 421) is amended by
striking ``ten years'' and inserting ``15 years''.
(2) Disclosure of agent after access to classified
information.--Subsection (b) of such section is amended by
striking ``five years'' and inserting ``10 years''.
(b) Modifications to Annual Report on Protection of
Intelligence Identities.--The first sentence of section
603(a) of the National Security Act of 1947 (50 U.S.C.
423(a)) is amended by inserting ``including an assessment of
the need, if any, for modification of this title for the
purpose of improving legal protections for covert agents,''
after ``measures to protect the identities of covert
agents,''.
SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET.
Section 601 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (50 U.S.C. 415c) is amended to read as
follows:
``SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE
FUNDING INFORMATION.
``(a) Budget Request.--At the time that the President
submits to Congress the budget for a fiscal year pursuant to
section 1105 of title 31, United States Code, the President
shall disclose to the public the aggregate amount of
appropriations requested for that fiscal year for the
National Intelligence Program.
``(b) Amounts Appropriated Each Fiscal Year.--Not later
than 30 days after the end of each fiscal year, the Director
of National Intelligence shall disclose to the public the
aggregate amount of funds appropriated by Congress for the
National Intelligence Program for such fiscal year.
``(c) Waiver.--
``(1) In general.--The President may waive or postpone the
disclosure required by subsection (a) or (b) for a fiscal
year by submitting to the Select Committee on Intelligence of
the Senate and Permanent Select Committee on Intelligence of
the House of Representatives--
``(A) a statement, in unclassified form, that the
disclosure required in subsection (a) or (b) for that fiscal
year would damage national security; and
``(B) a statement detailing the reasons for the waiver or
postponement, which may be submitted in classified form.
``(2) Submission dates.--The President shall submit the
statements required under paragraph (1)--
``(A) in the case of a waiver or postponement of a
disclosure required under subsection (a), at the time of the
submission of the budget for the fiscal year for which such
disclosure is waived or postponed; and
``(B) in the case of a waiver or postponement of a
disclosure required under subsection (b), not later than 30
days after the
[[Page S6782]]
date of the end of the fiscal year for which such disclosure
is waived or postponed.
``(d) Definition.--As used in this section, the term
`National Intelligence Program' has the meaning given the
term in section 3(6) of the National Security Act of 1947 (50
U.S.C. 401a(6)).''.
SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC
INTEREST DECLASSIFICATION BOARD.
Paragraph (5) of section 703(b) of the Public Interest
Declassification Act of 2000 (50 U.S.C. 435 note) is
amended--
(1) by striking ``jurisdiction,'' and inserting
``jurisdiction or by a member of the committee of
jurisdiction,''; and
(2) by inserting ``, to evaluate the proper classification
of certain records,'' after ``certain records''.
SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPERATIONS TO
COLLECT FOREIGN INTELLIGENCE OR
COUNTERINTELLIGENCE.
Paragraph (1) of section 102(b) of the Department of
Justice and Related Agencies Appropriations Act, 1993 (Public
Law 102-395; 28 U.S.C. 533 note) is amended in the flush text
following subparagraph (D) by striking ``(or, if designated
by the Director, the Assistant Director, Intelligence
Division) and the Attorney General (or, if designated by the
Attorney General, the Assistant Attorney General for National
Security)'' and inserting ``(or a designee of the Director
who is in a position not lower than Deputy Assistant Director
in the National Security Branch or a similar successor
position) and the Attorney General (or a designee of the
Attorney General who is in the National Security Division in
a position not lower than Deputy Assistant Attorney General
or a similar successor position)''.
SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY.
(a) Reports Relating to Security Clearances.--
(1) Quadrennial audit; security clearance determinations.--
(A) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 325 of
this Act, is further amended by inserting after section 506G,
as added by section 325(a), the following new section:
``reports on security clearances
``Sec. 506H. (a) Quadrennial Audit of Position
Requirements.--(1) The President shall every four years
conduct an audit of the manner in which the executive branch
determines whether a security clearance is required for a
particular position in the United States Government.
``(2) Not later than 30 days after the completion of an
audit conducted under paragraph (1), the President shall
submit to Congress the results of such audit.
``(b) Report on Security Clearance Determinations.--(1) Not
later than February 1 of each year, the President shall
submit to Congress a report on the security clearance
process. Such report shall include, for each security
clearance level--
``(A) the number of employees of the United States
Government who--
``(i) held a security clearance at such level as of October
1 of the preceding year; and
``(ii) were approved for a security clearance at such level
during the preceding fiscal year;
``(B) the number of contractors to the United States
Government who--
``(i) held a security clearance at such level as of October
1 of the preceding year; and
``(ii) were approved for a security clearance at such level
during the preceding fiscal year; and
``(C) for each element of the intelligence community--
``(i) the total amount of time it took to process the
security clearance determination for such level that--
``(I) was among the 80 percent of security clearance
determinations made during the preceding fiscal year that
took the shortest amount of time to complete; and
``(II) took the longest amount of time to complete;
``(ii) the total amount of time it took to process the
security clearance determination for such level that--
``(I) was among the 90 percent of security clearance
determinations made during the preceding fiscal year that
took the shortest amount of time to complete; and
``(II) took the longest amount of time to complete;
``(iii) the number of pending security clearance
investigations for such level as of October 1 of the
preceding year that have remained pending for--
``(I) 4 months or less;
``(II) between 4 months and 8 months;
``(III) between 8 months and one year; and
``(IV) more than one year;
``(iv) the percentage of reviews during the preceding
fiscal year that resulted in a denial or revocation of a
security clearance;
``(v) the percentage of investigations during the preceding
fiscal year that resulted in incomplete information;
``(vi) the percentage of investigations during the
preceding fiscal year that did not result in enough
information to make a decision on potentially adverse
information; and
``(vii) for security clearance determinations completed or
pending during the preceding fiscal year that have taken
longer than one year to complete--
``(I) the number of security clearance determinations for
positions as employees of the United States Government that
required more than one year to complete;
``(II) the number of security clearance determinations for
contractors that required more than one year to complete;
``(III) the agencies that investigated and adjudicated such
determinations; and
``(IV) the cause of significant delays in such
determinations.
``(2) For purposes of paragraph (1), the President may
consider--
``(A) security clearances at the level of confidential and
secret as one security clearance level; and
``(B) security clearances at the level of top secret or
higher as one security clearance level.
``(c) Form.--The results required under subsection (a)(2)
and the reports required under subsection (b)(1) shall be
submitted in unclassified form, but may include a classified
annex.''.
(B) Initial audit.--The first audit required to be
conducted under section 506H(a)(1) of the National Security
Act of 1947, as added by subparagraph (A) of this paragraph,
shall be completed not later than February 1, 2011.
(C) Table of contents amendment.--The table of contents in
the first section of such Act, as amended by section 348(i)
of this Act, is further amended by inserting after the item
relating to section 506G, as added by section 325 of this
Act, the following new item:
``Sec. 506H. Reports on security clearances.''.
(2) Report on metrics for adjudication quality.--Not later
than 180 days after the date of the enactment of this Act,
the President shall submit to Congress a report on security
clearance investigations and adjudications. Such report shall
include--
(A) United States Government-wide adjudication guidelines
and metrics for adjudication quality;
(B) a plan to improve the professional development of
security clearance adjudicators;
(C) metrics to evaluate the effectiveness of interagency
clearance reciprocity;
(D) United States Government-wide investigation standards
and metrics for investigation quality; and
(E) the advisability, feasibility, counterintelligence
risk, and cost effectiveness of--
(i) by not later than January 1, 2012, requiring the
investigation and adjudication of security clearances to be
conducted by not more than two Federal agencies; and
(ii) by not later than January 1, 2015, requiring the
investigation and adjudication of security clearances to be
conducted by not more than one Federal agency.
(b) Security Clearance Reciprocity.--
(1) Audit.--The Inspector General of the Intelligence
Community shall conduct an audit of the reciprocity of
security clearances among the elements of the intelligence
community.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report containing the results of
the audit conducted under paragraph (1). Such report shall
include an assessment of the time required to obtain a
reciprocal security clearance for--
(A) an employee of an element of the intelligence community
detailed to another element of the intelligence community;
(B) an employee of an element of the intelligence community
seeking permanent employment with another element of the
intelligence community; and
(C) a contractor seeking permanent employment with an
element of the intelligence community.
(3) Form.--The report required under paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 368. 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) Independent review.--The term ``independent review''
means an audit, attestation, or examination conducted by an
independent auditor in accordance with generally accepted
government auditing standards.
(4) Long-standing, correctable material weakness.--The term
``long-standing, correctable material weakness'' means a
material weakness--
(A) that was first reported in the annual financial report
of a covered element of the intelligence community for a
fiscal year prior to fiscal year 2007; and
(B) the correction of which is not substantially dependent
on a business system that will not be implemented prior to
the end of fiscal year 2010.
[[Page S6783]]
(5) Material weakness.--The term ``material weakness'' has
the meaning given that term under the Office of Management
and Budget Circular A-123, entitled ``Management's
Responsibility for Internal Control,'' revised December 21,
2004.
(6) Senior intelligence management official.--The term
``senior intelligence management official'' means an official
within a covered element of the intelligence community who
is--
(A)(i) compensated under the Senior Intelligence Service
pay scale; or
(ii) the head of a covered element of the intelligence
community; and
(B) compensated for employment with funds appropriated
pursuant to an authorization of appropriations in this Act.
(b) Identification of Senior Intelligence Management
Officials.--
(1) Requirement to identify.--Not later than 30 days after
the date of the enactment of this Act, the head of a covered
element of the intelligence community shall designate a
senior intelligence management official of such element to be
responsible for correcting each long-standing, correctable
material weakness of such element.
(2) Head of a covered element of the intelligence
community.--The head of a covered element of the intelligence
community may designate himself or herself as the senior
intelligence management official responsible for correcting a
long-standing, correctable material weakness under paragraph
(1).
(3) Requirement to update designation.--If the head of a
covered element of the intelligence community determines that
a senior intelligence management official designated under
paragraph (1) is no longer responsible for correcting a long-
standing, correctable material weakness, the head of such
element shall designate the successor to such official not
later than 10 days after the date of such determination.
(c) Notification.--Not later than 10 days after the date on
which the head of a covered element of the intelligence
community has designated a senior intelligence management
official pursuant to paragraph (1) or (3) of subsection (b),
the head of such element shall provide written notification
of such designation to the Director of National Intelligence
and to such senior intelligence management official.
(d) Correction of Long-Standing, Material Weakness.--
(1) Determination of correction of deficiency.--If a long-
standing, correctable material weakness is corrected, the
senior intelligence management official who is responsible
for correcting such long-standing, correctable material
weakness shall make and issue a determination of the
correction.
(2) Basis for determination.--The determination of the
senior intelligence management official under paragraph (1)
shall be based on the findings of an independent review.
(3) Notification and submission of findings.--A senior
intelligence management official who makes a determination
under paragraph (1) shall--
(A) notify the head of the appropriate covered element of
the intelligence community of such determination at the time
the determination is made; and
(B) ensure that the independent auditor whose findings are
the basis of a determination under paragraph (1) submits to
the head of the covered element of the intelligence community
and the Director of National Intelligence the findings that
such determination is based on not later than 5 days after
the date on which such determination is made.
(e) Congressional Oversight.--The head of a covered element
of the intelligence community shall notify the congressional
intelligence committees not later than 30 days after the
date--
(1) on which a senior intelligence management official is
designated under paragraph (1) or (3) of subsection (b) and
notified under subsection (c); or
(2) of the correction of a long-standing, correctable
material weakness, as verified by an independent auditor
under subsection (d)(2).
SEC. 369. INTELLIGENCE COMMUNITY FINANCIAL IMPROVEMENT AND
AUDIT READINESS.
Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall--
(1) conduct a review of the status of the auditability
compliance of each element of the intelligence community; and
(2) develop a plan and schedule to achieve a full,
unqualified audit of each element of the intelligence
community not later than September 30, 2013.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (f) of section 102A of the National Security Act
of 1947 (50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7)(A) The Director of National Intelligence shall, if
the Director determines it is necessary, or may, if requested
by a congressional intelligence committee, conduct an
accountability review of an element of the intelligence
community or the personnel of such element in relation to a
failure or deficiency within the intelligence community.
``(B) 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 be
construed to limit any authority of the Director of National
Intelligence under subsection (m) or with respect to
supervision of the Central Intelligence Agency.''.
SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.
(a) Authorities for Interagency Funding.--Section
102A(d)(2) of the National Security Act of 1947 (50 U.S.C.
403-1(d)(2)) is amended by striking ``Program to another such
program.'' and inserting ``Program--
``(A) to another such program;
``(B) to other departments or agencies of the United States
Government for the development and fielding of systems of
common concern related to the collection, processing,
analysis, exploitation, and dissemination of intelligence
information; or
``(C) to a program funded by appropriations not within the
National Intelligence Program to address critical gaps in
intelligence information sharing or access capabilities.''.
(b) Authorities of Heads of Other Departments and
Agencies.--Notwithstanding any other provision of law, the
head of any department or agency of the United States is
authorized to receive and utilize funds made available to the
department or agency by the Director of National Intelligence
pursuant to section 102A(d)(2) of the National Security Act
of 1947 (50 U.S.C. 403-1(d)(2)), as amended by subsection
(a), and receive and utilize any system referred to in such
section that is made available to such department or agency.
SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (e) of section 103 of the National Security Act
of 1947 (50 U.S.C. 403-3) is amended to read as follows:
``(e) Location of the Office of the Director of National
Intelligence.--The headquarters of the Office of the Director
of National Intelligence may be located in the Washington
metropolitan region, as that term is defined in section 8301
of title 40, United States Code.''.
SEC. 404. TITLE AND APPOINTMENT OF CHIEF INFORMATION OFFICER
OF THE INTELLIGENCE COMMUNITY.
Section 103G of the National Security Act of 1947 (50
U.S.C. 403-3g) is amended--
(1) in subsection (a)--
(A) by inserting ``of the Intelligence Community'' after
``Chief Information Officer''; and
(B) by striking ``President,'' and all that follows and
inserting ``President.'';
(2) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c),
respectively;
(3) in subsection (b) (as so redesignated), by inserting
``of the Intelligence Community'' after ``Chief Information
Officer''; and
(4) in subsection (c) (as so redesignated), by inserting
``of the Intelligence Community'' before ``may not''.
SEC. 405. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 348 of
this Act, is further 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 independent 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--
[[Page S6784]]
``(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. Nothing in this paragraph shall be
construed to prohibit a personnel action otherwise authorized
by law, other than transfer or removal.
``(d) Assistant Inspectors General.--Subject to the
policies of the Director of National Intelligence, the
Inspector General of the Intelligence Community shall--
``(1) appoint an Assistant Inspector General for Audit who
shall have the responsibility for supervising the performance
of auditing activities relating to programs and activities
within the responsibility and authority of the Director;
``(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and activities; and
``(3) appoint other Assistant Inspectors General that, in
the judgment of the Inspector General, are necessary to carry
out the duties of the Inspector General.
``(e) Duties and Responsibilities.--It shall be the duty
and responsibility of the Inspector General of the
Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, audits, and reviews relating to
programs and activities within the responsibility and
authority of the Director of National Intelligence;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, fraud, and other serious problems, abuses, and
deficiencies relating to the programs and activities within
the responsibility and authority of the Director, to
recommend corrective action concerning such problems, and to
report on the progress made in implementing such corrective
action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued
by the Inspector General, and, to the extent consistent with
the purpose and objective of such reports, take such measures
as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports;
and
``(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing.
``(f) Limitations on Activities.--(1) The Director of
National Intelligence may prohibit the Inspector General of
the Intelligence Community from initiating, carrying out, or
completing any investigation, inspection, audit, or review if
the Director determines that such prohibition is necessary to
protect vital national security interests of the United
States.
``(2) Not later than seven days after the date on which the
Director exercises the authority under paragraph (1), the
Director shall submit to the congressional intelligence
committees an appropriately classified statement of the
reasons for the exercise of such authority.
``(3) The Director shall advise the Inspector General at
the time a statement under paragraph (2) is submitted, and,
to the extent consistent with the protection of intelligence
sources and methods, provide the Inspector General with a
copy of such statement.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on the statement of
which the Inspector General has notice under paragraph (3)
that the Inspector General considers appropriate.
``(g) Authorities.--(1) The Inspector General of the
Intelligence Community shall have direct and prompt access to
the Director of National Intelligence when necessary for any
purpose pertaining to the performance of the duties of the
Inspector General.
``(2)(A) 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 a contractor, of any element of
the intelligence community needed for the performance of the
duties of the Inspector General.
``(C) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers,
recommendations, or other materials that relate to the
programs and activities with respect to which the Inspector
General has responsibilities under this section.
``(D) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient
rationale for denying the Inspector General access to any
materials under subparagraph (C).
``(E) The Director, or on the recommendation of the
Director, another appropriate official of the intelligence
community, shall take appropriate administrative actions
against an employee, or an employee of a contractor, of an
element of the intelligence community that fails to cooperate
with the Inspector General. Such administrative action may
include loss of employment or the termination of an existing
contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate, pursuant to subsection (h), complaints or
information from any person concerning the existence of an
activity within the authorities and responsibilities of the
Director of National Intelligence constituting a violation of
laws, rules, or regulations, or mismanagement, gross waste of
funds, abuse of authority, or a substantial and specific
danger to the public health and safety. Once such complaint
or information has been received from an employee of the
intelligence community--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless
the Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of
Justice responsible for determining whether a prosecution
should be undertaken; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint or disclosing such
information to the Inspector General may be taken by any
employee in a position to take such actions, unless the
complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its
truth or falsity.
``(4) The Inspector General shall have the authority to
administer to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of the
duties of the Inspector General, which oath, affirmation, or
affidavit when administered or taken by or before an employee
of the Office of the Inspector General of the Intelligence
Community designated by the Inspector General shall have the
same force and effect as if administered or taken by, or
before, an officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the
Inspector General is authorized to require by subpoena the
production of all information, documents, reports, answers,
records, accounts, papers, and other data in any medium
(including electronically stored information, as well as any
tangible thing) and documentary evidence necessary in the
performance of the duties and responsibilities of the
Inspector General.
``(B) In the case of departments, agencies, and other
elements of the United States Government, the Inspector
General shall obtain information, documents, reports,
answers, records, accounts, papers, and other data and
evidence for the purpose specified in subparagraph (A) using
procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for,
or on behalf of, any component of the Office of the Director
of National Intelligence or any element of the intelligence
community, including the Office of the Director of National
Intelligence.
``(D) In the case of contumacy or refusal to obey a
subpoena issued under this paragraph, the subpoena shall be
enforceable by order of any appropriate district court of the
United States.
``(6) The Inspector General may obtain services as
authorized by section 3109 of title 5, United States Code, at
rates for individuals not to exceed the daily equivalent of
the maximum annual rate of basic pay payable for grade GS-15
of the General Schedule under section 5332 of title 5, United
States Code.
``(7) The Inspector General may, to the extent and in such
amounts as may be provided in appropriations, enter into
contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with
private persons, and to make such payments as may be
necessary to carry out the provisions of this section.
``(h) Coordination Among Inspectors General.--(1)(A) In the
event of a matter within the jurisdiction of the Inspector
General of the Intelligence Community that may be
[[Page S6785]]
subject to an investigation, inspection, audit, or review by
both the Inspector General of the Intelligence Community and
an inspector general with oversight responsibility for an
element of the intelligence community, the Inspector General
of the Intelligence Community and such other inspector
general shall expeditiously resolve the question of which
inspector general shall conduct such investigation,
inspection, audit, or review to avoid unnecessary duplication
of the activities of the inspectors general.
``(B) In attempting to resolve a question under
subparagraph (A), the inspectors general concerned may
request the assistance of the Intelligence Community
Inspectors General Forum established under paragraph (2). In
the event of a dispute between an inspector general within a
department or agency of the United States Government and the
Inspector General of the Intelligence Community that has not
been resolved with the assistance of such Forum, the
inspectors general shall submit the question to the Director
of National Intelligence and the head of the affected
department or agency for resolution.
``(2)(A) There is established the Intelligence Community
Inspectors General Forum, which shall consist of all
statutory or administrative inspectors general with oversight
responsibility for an element of the intelligence community.
``(B) The Inspector General of the Intelligence Community
shall serve as the Chair of the Forum established under
subparagraph (A). The Forum shall have no administrative
authority over any inspector general, but shall serve as a
mechanism for informing its members of the work of individual
members of the Forum that may be of common interest and
discussing questions about jurisdiction or access to
employees, employees of contract personnel, records, audits,
reviews, documents, recommendations, or other materials that
may involve or be of assistance to more than one of its
members.
``(3) The inspector general conducting an investigation,
inspection, audit, or review covered by paragraph (1) shall
submit the results of such investigation, inspection, audit,
or review to any other inspector general, including the
Inspector General of the Intelligence Community, with
jurisdiction to conduct such investigation, inspection,
audit, or review who did not conduct such investigation,
inspection, audit, or review.
``(i) Counsel to the Inspector General.--(1) The Inspector
General of the Intelligence Community shall--
``(A) appoint a Counsel to the Inspector General who shall
report to the Inspector General; or
``(B) obtain the services of a counsel appointed by and
directly reporting to another inspector general or the
Council of the Inspectors General on Integrity and Efficiency
on a reimbursable basis.
``(2) The counsel appointed or obtained under paragraph (1)
shall perform such functions as the Inspector General may
prescribe.
``(j) Staff and Other Support.--(1) The Director of
National Intelligence shall provide the Inspector General of
the Intelligence Community with appropriate and adequate
office space at central and field office locations, together
with such equipment, office supplies, maintenance services,
and communications facilities and services as may be
necessary for the operation of such offices.
``(2)(A) Subject to applicable law and the policies of the
Director of National Intelligence, the Inspector General
shall select, appoint, and employ such officers and employees
as may be necessary to carry out the functions, powers, and
duties of the Inspector General. The Inspector General shall
ensure that any officer or employee so selected, appointed,
or employed has security clearances appropriate for the
assigned duties of such officer or employee.
``(B) In making selections under subparagraph (A), the
Inspector General shall ensure that such officers and
employees have the requisite training and experience to
enable the Inspector General to carry out the duties of the
Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the
Inspector General shall create within the Office of the
Inspector General of the Intelligence Community a career
cadre of sufficient size to provide appropriate continuity
and objectivity needed for the effective performance of the
duties of the Inspector General.
``(3) Consistent with budgetary and personnel resources
allocated by the Director of National Intelligence, the
Inspector General has final approval of--
``(A) the selection of internal and external candidates for
employment with the Office of the Inspector General; and
``(B) all other personnel decisions concerning personnel
permanently assigned to the Office of the Inspector General,
including selection and appointment to the Senior
Intelligence Service, but excluding all security-based
determinations that are not within the authority of a head of
a component of the Office of the Director of National
Intelligence.
``(4)(A) Subject to the concurrence of the Director of
National Intelligence, the Inspector General may request such
information or assistance as may be necessary for carrying
out the duties and responsibilities of the Inspector General
from any department, agency, or other element of the United
States Government.
``(B) Upon request of the Inspector General for information
or assistance under subparagraph (A), the head of the
department, agency, or element concerned shall, insofar as is
practicable and not in contravention of any existing
statutory restriction or regulation of the department,
agency, or element, furnish to the Inspector General, such
information or assistance.
``(C) The Inspector General of the Intelligence Community
may, upon reasonable notice to the head of any element of the
intelligence community and in coordination with that
element's inspector general pursuant to subsection (h),
conduct, as authorized by this section, an investigation,
inspection, audit, or review of such element and may enter
into any place occupied by such element for purposes of the
performance of the duties of the Inspector General.
``(k) Reports.--(1)(A) The Inspector General of the
Intelligence Community shall, not later than January 31 and
July 31 of each year, prepare and submit to the Director of
National Intelligence a classified, and, as appropriate,
unclassified semiannual report summarizing the activities of
the Office of the Inspector General of the Intelligence
Community during the immediately preceding 6-month period
ending December 31 (of the preceding year) and June 30,
respectively. The Inspector General of the Intelligence
Community shall provide any portion of the report involving a
component of a department of the United States Government to
the head of that department simultaneously with submission of
the report to the Director of National Intelligence.
``(B) Each report under this paragraph shall include, at a
minimum, the following:
``(i) A list of the title or subject of each investigation,
inspection, audit, or review conducted during the period
covered by such report.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration of programs and
activities of the intelligence community within the
responsibility and authority of the Director of National
Intelligence, and in the relationships between elements of
the intelligence community, identified by the Inspector
General during the period covered by such report.
``(iii) A description of the recommendations for corrective
action made by the Inspector General during the period
covered by such report with respect to significant problems,
abuses, or deficiencies identified in clause (ii).
``(iv) A statement of whether or not corrective action has
been completed on each significant recommendation described
in previous semiannual reports, and, in a case where
corrective action has been completed, a description of such
corrective action.
``(v) A certification of whether or not the Inspector
General has had full and direct access to all information
relevant to the performance of the functions of the Inspector
General.
``(vi) A description of the exercise of the subpoena
authority under subsection (g)(5) by the Inspector General
during the period covered by such report.
``(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;
[[Page S6786]]
``(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) The Director shall submit to the congressional
intelligence committees any report or findings and
recommendations of an investigation, inspection, audit, or
review conducted by the office which has been requested by
the Chairman or Vice Chairman or ranking minority member of
either committee.
``(5)(A) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of a contractor to
the intelligence community who intends to report to Congress
a complaint or information with respect to an urgent concern
may report such complaint or information to the Inspector
General.
``(B) Not later than the end of the 14-calendar-day period
beginning on the date of receipt from an employee of a
complaint or information under subparagraph (A), the
Inspector General shall determine whether the complaint or
information appears credible. Upon making such a
determination, the Inspector General shall transmit to the
Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector
General under subparagraph (B), the Director shall, within 7
calendar days of such receipt, forward such transmittal to
the congressional intelligence committees, together with any
comments the Director considers appropriate.
``(D)(i) If the Inspector General does not find credible
under subparagraph (B) a complaint or information submitted
under subparagraph (A), or does not transmit the complaint or
information to the Director in accurate form under
subparagraph (B), the employee (subject to clause (ii)) may
submit the complaint or information to Congress by contacting
either or both of the congressional intelligence committees
directly.
``(ii) An employee may contact the congressional
intelligence committees directly as described in clause (i)
only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the
congressional intelligence committees in accordance with
appropriate security practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or
information under this subparagraph does so in that member or
employee's official capacity as a member or employee of such
committee.
``(E) The Inspector General shall notify an employee who
reports a complaint or information to the Inspector General
under this paragraph of each action taken under this
paragraph with respect to the complaint or information. Such
notice shall be provided not later than 3 days after any such
action is taken.
``(F) An action taken by the Director or the Inspector
General under this paragraph shall not be subject to judicial
review.
``(G) In this paragraph, the term `urgent concern' means
any of the following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the
funding, administration, or operation of an intelligence
activity within the responsibility and authority of the
Director of National Intelligence involving classified
information, but does not include differences of opinions
concerning public policy matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(iii) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (g)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with
this paragraph.
``(H) Nothing in this section shall be construed to limit
the protections afforded to an employee under section 17(d)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(d)) or section 8H of the Inspector General Act of 1978
(5 U.S.C. App.).
``(6) In accordance with section 535 of title 28, United
States Code, the Inspector General shall expeditiously report
to the Attorney General any information, allegation, or
complaint received by the Inspector General relating to
violations of Federal criminal law that involves a program or
operation of an element of the intelligence community, or in
the relationships between the elements of the intelligence
community, consistent with such guidelines as may be issued
by the Attorney General pursuant to subsection (b)(2) of such
section. A copy of each such report shall be furnished to the
Director.
``(l) Construction of Duties Regarding Elements of
Intelligence Community.--Except as resolved pursuant to
subsection (h), the performance by the Inspector General of
the Intelligence Community of any duty, responsibility, or
function regarding an element of the intelligence community
shall not be construed to modify or affect the duties and
responsibilities of any other inspector general having duties
and responsibilities relating to such element.
``(m) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures issued by
the Director in consultation with the congressional
intelligence committees, include in the National Intelligence
Program budget a separate account for the Office of the
Inspector General of the Intelligence Community.
``(n) Budget.--(1) For each fiscal year, the Inspector
General of the Intelligence Community shall transmit a budget
estimate and request to the Director of National Intelligence
that specifies for such fiscal year--
``(A) the aggregate amount requested for the operations of
the Inspector General;
``(B) the amount requested for all training requirements of
the Inspector General, including a certification from the
Inspector General that the amount requested is sufficient to
fund all training requirements for the Office of the
Inspector General; and
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency, including a
justification for such amount.
``(2) In transmitting a proposed budget to the President
for a fiscal year, the Director of National Intelligence
shall include for such fiscal year--
``(A) the aggregate amount requested for the Inspector
General of the Intelligence Community;
``(B) the amount requested for Inspector General training;
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to such proposed budget.
``(3) The Director of National Intelligence shall submit to
the congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives for each
fiscal year--
``(A) a separate statement of the budget estimate
transmitted pursuant to paragraph (1);
``(B) the amount requested by the Director for the
Inspector General pursuant to paragraph (2)(A);
``(C) the amount requested by the Director for the training
of personnel of the Office of the Inspector General pursuant
to paragraph (2)(B);
``(D) the amount requested by the Director for support for
the Council of the Inspectors General on Integrity and
Efficiency pursuant to paragraph (2)(C); and
``(E) the comments of the Inspector General under paragraph
(2)(D), if any, on the amounts requested pursuant to
paragraph (2), including whether such amounts would
substantially inhibit the Inspector General from performing
the duties of the Office of the Inspector General.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 348 of this Act, is further amended by
inserting after the item relating to section 103G the
following new item:
``Sec. 103H. Inspector General of the Intelligence Community.''.
(b) Pay of Inspector General.--Subparagraph (A) of section
4(a)(3) of the Inspector General Reform Act of 2008 (Public
Law 110-409; 5 U.S.C. App. note) is amended by inserting
``the Inspector General of the Intelligence Community,''
after ``basic pay of''.
(c) Construction.--Nothing in the amendment made by
subsection (a)(1) shall be construed to alter the duties and
responsibilities of the General Counsel of the Office of the
Director of National Intelligence.
(d) Repeal of Superseded Authority To Establish Position.--
Section 8K of the Inspector General Act of 1978 (5 U.S.C.
App.) shall be repealed on the date that the President
appoints, with the advice and consent of the Senate, the
first individual to serve as
[[Page S6787]]
Inspector General for the Intelligence Community pursuant to
section 103H of the National Security Act of 1947, as added
by subsection (a), and such individual assumes the duties of
the Inspector General.
SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE
COMMUNITY.
(a) Establishment.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 405 of
this Act, is further amended by inserting after section 103H,
as added by section 405(a)(1), the following new section:
``chief financial officer of the intelligence community
``Sec. 103I. (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 is within the Office of the Director of National
Intelligence a Chief Financial Officer of the Intelligence
Community who shall be appointed by the Director.
``(b) Duties and Responsibilities.--Subject to the
direction of the Director of National Intelligence, the Chief
Financial Officer of the Intelligence Community shall--
``(1) serve as the principal advisor to the Director of
National Intelligence and the Principal Deputy Director of
National Intelligence on the management and allocation of
intelligence community budgetary resources;
``(2) participate in overseeing a comprehensive and
integrated strategic process for resource management within
the intelligence community;
``(3) ensure that the strategic plan of the Director of
National Intelligence--
``(A) is based on budgetary constraints as specified in the
Future Year Intelligence Plans and Long-term Budget
Projections required under section 506G; and
``(B) contains specific goals and objectives to support a
performance-based budget;
``(4) prior to the obligation or expenditure of funds for
the acquisition of any major system pursuant to a Milestone A
or Milestone B decision, receive verification from
appropriate authorities that the national requirements for
meeting the strategic plan of the Director have been
established, and that such requirements are prioritized based
on budgetary constraints as specified in the Future Year
Intelligence Plans and the Long-term Budget Projections for
such major system required under section 506G;
``(5) ensure that the collection architectures of the
Director are based on budgetary constraints as specified in
the Future Year Intelligence Plans and the Long-term Budget
Projections required under section 506G;
``(6) coordinate or approve representations made to
Congress by the intelligence community regarding National
Intelligence Program budgetary resources;
``(7) participate in key mission requirements,
acquisitions, or architectural boards formed within or by the
Office of the Director of National Intelligence; and
``(8) perform such other duties as may be prescribed by the
Director of National Intelligence.
``(c) Other Law.--The Chief Financial Officer of the
Intelligence Community shall serve as the Chief Financial
Officer of the intelligence community and, to the extent
applicable, shall have the duties, responsibilities, and
authorities specified in chapter 9 of title 31, United States
Code.
``(d) Prohibition on Simultaneous Service as Other Chief
Financial Officer.--An individual serving in the position of
Chief Financial Officer of the Intelligence Community may
not, while so serving, serve as the chief financial officer
of any other department or agency, or component thereof, of
the United States Government.
``(e) Definitions.--In this section:
``(1) The term `major system' has the meaning given that
term in section 506A(e).
``(2) The term `Milestone A' has the meaning given that
term in section 506G(f).
``(3) The term `Milestone B' has the meaning given that
term in section 506C(e).''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 405(a), is further amended by inserting
after the item relating to section 103H, as added by section
405(a)(2), the following new item:
``Sec. 103I. Chief Financial Officer of the Intelligence Community.''.
SEC. 407. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND
OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a)
of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is
amended--
(1) by striking ``Not later than 18 months after the date
of the enactment of the National Security Intelligence Reform
Act of 2004, the'' and inserting ``(1) The''; and
(2) by adding at the end the following new paragraphs:
``(2) The head of the National Counter Proliferation Center
shall be the Director of the National Counter Proliferation
Center, who shall be appointed by the Director of National
Intelligence.
``(3) The National Counter Proliferation Center shall be
located within the Office of the Director of National
Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
3(c)) is amended--
(1) by redesignating paragraph (9) as paragraph (14); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism
Center.
``(12) The Director of the National Counter Proliferation
Center.
``(13) The Chief Financial Officer of the Intelligence
Community.''.
SEC. 408. PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Title VII of the National Security Act of
1947 (50 U.S.C. 431 et seq.) is amended by adding at the end
the following new section:
``protection of certain files of the office of the director of national
intelligence
``Sec. 706. (a) Inapplicability of FOIA to Exempted
Operational Files Provided to ODNI.--(1) Subject to paragraph
(2), the provisions of section 552 of title 5, United States
Code, that require search, review, publication, or disclosure
of a record shall not apply to a record provided to the
Office of the Director of National Intelligence by an element
of the intelligence community from the exempted operational
files of such element.
``(2) Paragraph (1) shall not apply with respect to a
record of the Office that--
``(A) contains information derived or disseminated from an
exempted operational file, unless such record is created by
the Office for the sole purpose of organizing such exempted
operational file for use by the Office;
``(B) is disseminated by the Office to a person other than
an officer, employee, or contractor of the Office; or
``(C) is no longer designated as an exempted operational
file in accordance with this title.
``(b) Effect of Providing Files to ODNI.--Notwithstanding
any other provision of this title, an exempted operational
file that is provided to the Office by an element of the
intelligence community shall not be subject to the provisions
of section 552 of title 5, United States Code, that require
search, review, publication, or disclosure of a record solely
because such element provides such exempted operational file
to the Office.
``(c) Search and Review for Certain Purposes.--
Notwithstanding subsection (a) or (b), an exempted
operational file shall continue to be subject to search and
review for information concerning any of the following:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a
of title 5, United States Code.
``(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code.
``(3) The specific subject matter of an investigation for
any impropriety or violation of law, Executive order, or
Presidential directive, in the conduct of an intelligence
activity by any of the following:
``(A) The Select Committee on Intelligence of the Senate.
``(B) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of National Intelligence.
``(F) The Office of the Inspector General of the
Intelligence Community.
``(d) Decennial Review of Exempted Operational Files.--(1)
Not less than once every 10 years, the Director of National
Intelligence shall review the exemptions in force under
subsection (a) to determine whether such exemptions may be
removed from any category of exempted files or any portion
thereof.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public
interest in the subject matter of the particular category of
files or portions thereof and the potential for declassifying
a significant part of the information contained therein.
``(3) A complainant that alleges that the Director of
National Intelligence has improperly withheld records because
of failure to comply with this subsection may seek judicial
review in the district court of the United States of the
district in which any of the parties reside, or in the
District of Columbia. In such a proceeding, the court's
review shall be limited to determining the following:
``(A) Whether the Director has conducted the review
required by paragraph (1) before the expiration of the 10-
year period beginning on the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2010 or before
the expiration of the 10-year period beginning on the date of
the most recent review.
``(B) Whether the Director of National Intelligence, in
fact, considered the criteria set forth in paragraph (2) in
conducting the required review.
``(e) Supersedure of Other Laws.--The provisions of this
section may not be superseded except by a provision of law
that is enacted after the date of the enactment of this
section and that specifically cites and repeals or modifies
such provisions.
``(f) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as provided in paragraph (2), whenever
any person who has requested agency records under section 552
of title 5, United States Code, alleges that the Office has
withheld records
[[Page S6788]]
improperly because of failure to comply with any provision of
this section, judicial review shall be available under the
terms set forth in section 552(a)(4)(B) of title 5, United
States Code.
``(2) Judicial review shall not be available in the manner
provided for under paragraph (1) as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive order
to be kept secret in the interests of national defense or
foreign relations is filed with, or produced for, the court
by the Office, such information shall be examined ex parte,
in camera by the court.
``(B) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written
submissions of the parties.
``(C)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Office may meet the burden of the
Office under section 552(a)(4)(B) of title 5, United States
Code, by demonstrating to the court by sworn written
submission that exempted files likely to contain responsive
records are records provided to the Office by an element of
the intelligence community from the exempted operational
files of such element.
``(ii) The court may not order the Office to review the
content of any exempted file in order to make the
demonstration required under clause (i), unless the
complainant disputes the Office's showing with a sworn
written submission based on personal knowledge or otherwise
admissible evidence.
``(D) In proceedings under subparagraph (C), a party may
not obtain discovery pursuant to rules 26 through 36 of the
Federal Rules of Civil Procedure, except that requests for
admissions may be made pursuant to rules 26 and 36 of the
Federal Rules of Civil Procedure.
``(E) If the court finds under this subsection that the
Office has improperly withheld requested records because of
failure to comply with any provision of this section, the
court shall order the Office to search and review each
appropriate exempted file for the requested records and make
such records, or portions thereof, available in accordance
with the provisions of section 552 of title 5, United States
Code (commonly referred to as the Freedom of Information
Act), and such order shall be the exclusive remedy for
failure to comply with this section.
``(F) If at any time following the filing of a complaint
pursuant to this paragraph the Office agrees to search each
appropriate exempted file for the requested records, the
court shall dismiss the claim based upon such complaint.
``(g) Definitions.--In this section:
``(1) The term `exempted operational file' means a file of
an element of the intelligence community that, in accordance
with this title, is exempted from the provisions of section
552 of title 5, United States Code, that require search,
review, publication, or disclosure of such file.
``(2) Except as otherwise specifically provided, the term
`Office' means the Office of the Director of National
Intelligence.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 406(b) of this Act, is further amended by
inserting after the item relating to section 705 the
following new item:
``Sec. 706. Protection of certain files of the Office of the Director
of National Intelligence.''.
SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE
INTELLIGENCE COMMUNITY.
Section 1102 of the National Security Act of 1947 (50
U.S.C. 442a) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by striking ``(1) In'' and inserting ``In''; and
(2) in subsection (c)--
(A) by striking paragraph (2); and
(B) by striking ``(1) The'' and inserting ``The''.
SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT
TO ADVISORY COMMITTEES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Section 4(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or'';
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) the Office of the Director of National Intelligence,
if the Director of National Intelligence determines that for
reasons of national security such advisory committee cannot
comply with the requirements of this Act.''.
(b) Annual Report.--
(1) In general.--The Director of National Intelligence and
the Director of the Central Intelligence Agency shall each
submit to the congressional intelligence committees an annual
report on advisory committees created by each such Director.
Each report shall include--
(A) a description of each such advisory committee,
including the subject matter of the committee; and
(B) a list of members of each such advisory committee.
(2) Report on reasons for odni exclusion of advisory
committee from faca.--Each report submitted by the Director
of National Intelligence in accordance with paragraph (1)
shall include the reasons for a determination by the Director
under section 4(b)(3) of the Federal Advisory Committee Act
(5 U.S.C. App.), as added by subsection (a) of this section,
that an advisory committee cannot comply with the
requirements of such Act.
SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE
ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.
Subparagraph (F) of section 115(b)(1) of title 49, United
States Code, is amended to read as follows:
``(F) The Director of National Intelligence, or the
Director's designee.''.
SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE
OFFICE OF THE NATIONAL COUNTERINTELLIGENCE
EXECUTIVE.
(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c)
is amended--
(1) by striking subsections (d), (h), (i), and (j);
(2) by redesignating subsections (e), (f), (g), (k), (l),
and (m) as subsections (d), (e), (f), (g), (h), and (i),
respectively; and
(3) in subsection (f), as redesignated by paragraph (2), by
striking paragraphs (3) and (4).
(b) Conforming Amendments.--Such section 904 is further
amended--
(1) in subsection (d), as redesignated by subsection (a)(2)
of this section, by striking ``subsection (f)'' each place it
appears in paragraphs (1) and (2) and inserting ``subsection
(e)''; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection (e)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection (e)(2)'' and
inserting ``subsection (d)(2)''.
SEC. 413. MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE NAME, INITIALS, OR SEAL.
(a) Prohibition.--Title XI of the National Security Act of
1947 (50 U.S.C. 442 et seq.) is amended by adding at the end
the following new section:
``misuse of the office of the director of national intelligence name,
initials, or seal
``Sec. 1103. (a) Prohibited Acts.--No person may, except
with the written permission of the Director of National
Intelligence, or a designee of the Director, knowingly use
the words `Office of the Director of National Intelligence',
the initials `ODNI', the seal of the Office of the Director
of National Intelligence, or any colorable imitation of such
words, initials, or seal in connection with any merchandise,
impersonation, solicitation, or commercial activity in a
manner reasonably calculated to convey the impression that
such use is approved, endorsed, or authorized by the Director
of National Intelligence.
``(b) Injunction.--Whenever it appears to the Attorney
General that any person is engaged or is about to engage in
an act or practice which constitutes or will constitute
conduct prohibited by subsection (a), the Attorney General
may initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court
shall proceed as soon as practicable to the hearing and
determination of such action and may, at any time before
final determination, enter such restraining orders or
prohibitions, or take such other action as is warranted, to
prevent injury to the United States or to any person or class
of persons for whose protection the action is brought.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of such Act, as amended by section 408 of
this Act, is further amended by inserting after the item
relating to section 1102 the following new item:
``Sec. 1103. Misuse of the Office of the Director of National
Intelligence name, initials, or seal.''.
SEC. 414. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA
CENTER ENERGY EFFICIENCY REPORTS.
(a) Plan.--The Director of National Intelligence shall
develop a plan to implement the recommendations of the report
submitted to Congress under section 1 of the Act entitled
``An Act to study and promote the use of energy efficient
computer servers in the United States'' (Public Law 109-431;
120 Stat. 2920) across the intelligence community.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report containing the plan developed under
subsection (a).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR
REVIEWS OF INTERNATIONAL TRAFFIC IN ARMS
REGULATIONS AND EXPORT ADMINISTRATION
REGULATIONS.
The Director of National Intelligence may provide support
for any review conducted by a department or agency of the
United States Government of the International Traffic in Arms
Regulations or Export Administration Regulations, including a
review of technologies and goods on the United States
Munitions List and Commerce Control List that
[[Page S6789]]
may warrant controls that are different or additional to the
controls such technologies and goods are subject to at the
time of such review.
Subtitle B--Central Intelligence Agency
SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE
PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.
Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(a)(4)) is amended--
(1) by striking ``and the protection'' and inserting ``the
protection''; and
(2) by inserting before the semicolon the following: ``,
and the protection of the Director of National Intelligence
and such personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate''.
SEC. 422. APPEALS FROM DECISIONS INVOLVING CONTRACTS OF THE
CENTRAL INTELLIGENCE AGENCY.
Section 8(d) of the Contract Disputes Act of 1978 (41
U.S.C. 607(d)) is amended by adding at the end
``Notwithstanding any other provision of this section and any
other provision of law, an appeal from a decision of a
contracting officer of the Central Intelligence Agency
relative to a contract made by that Agency may be filed with
whichever of the Armed Services Board of Contract Appeals or
the Civilian Board of Contract Appeals is specified by such
contracting officer as the Board to which such an appeal may
be made and such Board shall have jurisdiction to decide that
appeal.''.
SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment and Duties of Deputy Director of the
CIA.--Title I of the National Security Act of 1947 (50 U.S.C.
402 et seq.), as amended by section 406 of this Act, is
further amended by inserting after section 104A the following
new section:
``deputy director of the central intelligence agency
``Sec. 104B. (a) Deputy Director of the Central
Intelligence Agency.--There is a Deputy Director of the
Central Intelligence Agency who shall be appointed by the
President.
``(b) Duties.--The Deputy Director of the Central
Intelligence Agency shall--
``(1) assist the Director of the Central Intelligence
Agency in carrying out the duties and responsibilities of the
Director of the Central Intelligence Agency; and
``(2) during the absence or disability of the Director of
the Central Intelligence Agency, or during a vacancy in the
position of Director of the Central Intelligence Agency, act
for and exercise the powers of the Director of the Central
Intelligence Agency.''.
(b) Conforming Amendments.--
(1) Executive schedule iii.--Section 5314 of title 5,
United States Code, is amended by striking ``Deputy Directors
of Central Intelligence (2)'' and inserting ``Deputy Director
of the Central Intelligence Agency''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 414 of this Act, is further amended by
inserting after the item relating to section 104A the
following new item:
``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.
(c) Applicability.--The amendments made by this section
shall apply on the earlier of--
(1) the date of the appointment by the President of an
individual to serve as Deputy Director of the Central
Intelligence Agency pursuant to section 104B of the National
Security Act of 1947, as added by subsection (a), except that
the individual administratively performing the duties of the
Deputy Director of the Central Intelligence Agency as of the
date of the enactment of this Act may continue to perform
such duties until the individual appointed to the position of
Deputy Director of the Central Intelligence Agency assumes
the duties of such position; or
(2) the date of the cessation of the performance of the
duties of the Deputy Director of the Central Intelligence
Agency by the individual administratively performing such
duties as of the date of the enactment of this Act.
SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COMMON CARRIER.
Subsection (b) of section 116 of the National Security Act
of 1947 (50 U.S.C. 404k) is amended by striking the period at
the end and inserting ``, who may delegate such authority to
other appropriate officials of the Central Intelligence
Agency.''.
SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE
AGENCY.
(a) Appointment and Qualifications of the Inspector
General.--Paragraph (1) of section 17(b) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(b)) is
amended by striking the second and third sentences and
inserting ``This appointment shall be made without regard to
political affiliation and shall be on the basis of integrity
and demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigation. Such appointment shall also be made on the
basis of compliance with the security standards of the Agency
and prior experience in the field of foreign intelligence.''.
(b) Removal of the Inspector General.--Paragraph (6) of
section 17(b) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(b)) is amended--
(1) by striking ``immediately''; and
(2) by striking the period at the end and inserting ``not
later than 30 days prior to the effective date of such
removal. Nothing in this paragraph shall be construed to
prohibit a personnel action otherwise authorized by law,
other than transfer or removal.''.
(c) Application of Semiannual Reporting Requirements With
Respect To Review Reports.--Paragraph (1) of section 17(d) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(d)) is amended in the matter preceding subparagraph (A)
by inserting ``review,'' after ``investigation,''.
(d) Protection Against Reprisals.--Subparagraph (B) of
section 17(e)(3) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(e)(3)) is amended by inserting ``or
providing such information'' after ``making such complaint''.
(e) Inspector General Subpoena Power.--Subparagraph (A) of
section 17(e)(5) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(e)(5)) is amended by inserting ``in any
medium (including electronically stored information or any
tangible thing)'' after ``other data''.
(f) Other Administrative Authorities.--
(1) In general.--Subsection (e) of section 17 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q), as
amended by subsections (d) and (e) of this section, is
further amended--
(A) by redesignating paragraph (8) as subparagraph (9);
(B) in paragraph (9), as so redesignated--
(i) by striking ``Subject to the concurrence of the
Director, the'' and inserting ``The''; and
(ii) by adding at the end the following: ``Consistent with
budgetary and personnel resources allocated by the Director,
the Inspector General has final approval of--
``(A) the selection of internal and external candidates for
employment with the Office of Inspector General; and
``(B) all other personnel decisions concerning personnel
permanently assigned to the Office of Inspector General,
including selection and appointment to the Senior
Intelligence Service, but excluding all security-based
determinations that are not within the authority of a head of
other Central Intelligence Agency offices.''; and
(C) by inserting after paragraph (7) the following new
paragraph:
``(8)(A) The Inspector General shall--
``(i) appoint a Counsel to the Inspector General who shall
report to the Inspector General; or
``(ii) obtain the services of a counsel appointed by and
directly reporting to another Inspector General or the
Council of the Inspectors General on Integrity and Efficiency
on a reimbursable basis.
``(B) The counsel appointed or obtained under subparagraph
(A) shall perform such functions as the Inspector General may
prescribe.''.
(2) 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.
SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
Subsection (f) of section 17 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403q) is amended--
(1) by inserting ``(1)'' before ``Beginning''; and
(2) by adding at the end the following new paragraph:
``(2) For each fiscal year, the Inspector General shall
transmit a budget estimate and request through the Director
to the Director of National Intelligence that specifies for
such fiscal year--
``(A) the aggregate amount requested for the operations of
the Inspector General;
``(B) the amount requested for all training requirements of
the Inspector General, including a certification from the
Inspector General that the amount requested is sufficient to
fund all training requirements for the Office; and
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency, including a
justification for such amount.
``(3) In transmitting a proposed budget to the President
for a fiscal year, the Director of National Intelligence
shall include for such fiscal year--
``(A) the aggregate amount requested for the Inspector
General of the Central Intelligence Agency;
``(B) the amount requested for Inspector General training;
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to such proposed budget.
``(4) The Director of National Intelligence shall submit to
the Committee on Appropriations and the Select Committee on
Intelligence of the Senate and the Committee on
Appropriations and the Permanent Select Committee on
Intelligence of the House of Representatives for each fiscal
year--
``(A) a separate statement of the budget estimate
transmitted pursuant to paragraph (2);
``(B) the amount requested by the Director of National
Intelligence for the Inspector General pursuant to paragraph
(3)(A);
``(C) the amount requested by the Director of National
Intelligence for training of personnel of the Office of the
Inspector General pursuant to paragraph (3)(B);
``(D) the amount requested by the Director of National
Intelligence for support for the
[[Page S6790]]
Council of the Inspectors General on Integrity and Efficiency
pursuant to paragraph (3)(C); and
``(E) the comments of the Inspector General under paragraph
(3)(D), if any, on the amounts requested pursuant to
paragraph (3), including whether such amounts would
substantially inhibit the Inspector General from performing
the duties of the Office.''.
SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED VERSIONS OF
CERTAIN INTELLIGENCE PRODUCTS.
The Director of the Central Intelligence Agency shall make
publicly available an unclassified version of any memoranda
or finished intelligence products assessing the--
(1) information gained from high-value detainee reporting;
and
(2) dated April 3, 2003, July 15, 2004, March 2, 2005, and
June 1, 2005.
Subtitle C--Defense Intelligence Components
SEC. 431. INSPECTOR GENERAL MATTERS.
(a) Coverage Under Inspector General Act of 1978.--
Subsection (a)(2) of section 8G of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) by inserting ``the Defense Intelligence Agency,'' after
``the Corporation for Public Broadcasting,'';
(2) by inserting ``the National Geospatial-Intelligence
Agency,'' after ``the National Endowment for the
Humanities,''; and
(3) by inserting ``the National Reconnaissance Office, the
National Security Agency,'' after ``the National Labor
Relations Board,''.
(b) Certain Designations Under Inspector General Act of
1978.--Subsection (a) of section 8H of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by adding at the end
the following new paragraph:
``(3) The Inspectors General of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and the National Security
Agency shall be designees of the Inspector General of the
Department of Defense for purposes of this section.''.
(c) Power of Heads of Elements Over Investigations.--
Subsection (d) of section 8G of such Act (5 U.S.C. App.) is
amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) in the second sentence of paragraph (1), as designated
by paragraph (1) of this subsection, by striking ``The head''
and inserting ``Except as provided in paragraph (2), the
head''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The Secretary of Defense, in consultation with the
Director of National Intelligence, may prohibit the inspector
general of an element of the intelligence community specified
in subparagraph (D) from initiating, carrying out, or
completing any audit or investigation if the Secretary
determines that the prohibition is necessary to protect vital
national security interests of the United States.
``(B) If the Secretary exercises the authority under
subparagraph (A), the Secretary shall submit to the
committees of Congress specified in subparagraph (E) an
appropriately classified statement of the reasons for the
exercise of such authority not later than 7 days after the
exercise of such authority.
``(C) At the same time the Secretary submits under
subparagraph (B) a statement on the exercise of the authority
in subparagraph (A) to the committees of Congress specified
in subparagraph (E), the Secretary shall notify the inspector
general of such element of the submittal of such statement
and, to the extent consistent with the protection of
intelligence sources and methods, provide such inspector
general with a copy of such statement. Such inspector general
may submit to such committees of Congress any comments on a
notice or statement received by the inspector general under
this subparagraph that the inspector general considers
appropriate.
``(D) The elements of the intelligence community specified
in this subparagraph are as follows:
``(i) The Defense Intelligence Agency.
``(ii) The National Geospatial-Intelligence Agency.
``(iii) The National Reconnaissance Office.
``(iv) The National Security Agency.
``(E) The committees of Congress specified in this
subparagraph are--
``(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.
SEC. 432. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR
ANALYSIS AND DISSEMINATION OF CERTAIN
INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National
Intelligence, the National Geospatial-Intelligence Agency
shall develop a system to facilitate the analysis,
dissemination, and incorporation of likenesses, videos, and
presentations produced by ground-based platforms, including
handheld or clandestine photography taken by or on behalf of
human intelligence collection organizations or available as
open-source information, into the National System for
Geospatial Intelligence.
``(B) The authority provided by this paragraph does not
include authority for the National Geospatial-Intelligence
Agency to manage tasking of handheld or clandestine
photography taken by or on behalf of human intelligence
collection organizations.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
SEC. 433. DIRECTOR OF COMPLIANCE OF THE NATIONAL SECURITY
AGENCY.
The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by inserting after the first section the
following new section:
``Sec. 2. There is a Director of Compliance of the
National Security Agency, who shall be appointed by the
Director of the National Security Agency and who shall be
responsible for the programs of compliance over mission
activities of the National Security Agency.''.
Subtitle D--Other Elements
SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)) is amended--
(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, United States Code, is amended--
(1) in subsection (a)(2), by striking ``is transferred to a
different geographic area with a higher cost of living'' and
inserting ``is subject to a mobility agreement and is
transferred to a position in a different geographical area in
which there is a shortage of critical skills'';
(2) in subsection (b)(2), by striking the period at the end
and inserting ``, including requirements for a bonus
recipient's repayment of a bonus in circumstances determined
by the Director of the Federal Bureau of Investigation.'';
(3) in subsection (c), by striking ``basic pay.'' and
inserting ``annual rate of basic pay. The bonus may be paid
in a lump sum or installments linked to completion of periods
of service.''; and
(4) in subsection (d), by striking ``retention bonus'' and
inserting ``bonus paid under this section''.
SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL BUREAU OF
INVESTIGATION TO WAIVE MANDATORY RETIREMENT
PROVISIONS.
(a) Civil Service Retirement System.--Subsection (b) of
section 8335 of title 5, United States Code, is amended--
(1) in the paragraph (2) enacted by section 112(a)(2) of
the Department of Justice Appropriations Act, 2005 (title I
of division B of Public Law 108-447; 118 Stat. 2868), by
striking ``2009'' and inserting ``2011''; and
(2) by striking the paragraph (2) enacted by section
2005(a)(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3704).
(b) Federal Employees' Retirement System.--Subsection (b)
of section 8425 of title 5, United States Code, is amended--
(1) in the paragraph (2) enacted by section 112(b)(2) of
the Department of Justice Appropriations Act, 2005 (title I
of division B of Public Law 108-447; 118 Stat. 2868), by
striking ``2009'' and inserting ``2011''; and
(2) by striking the paragraph (2) enacted by section
2005(b)(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3704).
SEC. 445. REPORT AND ASSESSMENTS ON TRANSFORMATION OF THE
INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU
OF INVESTIGATION.
(a) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation, in consultation with the Director of
National Intelligence, shall submit to the congressional
intelligence committees, the Committee on the Judiciary of
the Senate, and the Committee on the Judiciary of the House
of Representatives a report describing--
(A) a long-term vision for the intelligence capabilities of
the National Security Branch of the Bureau;
(B) a strategic plan for the National Security Branch; and
(C) the progress made in advancing the capabilities of the
National Security Branch.
(2) Content.--The report required by paragraph (1) shall
include--
(A) a description of the direction, strategy, and goals for
improving the intelligence capabilities of the National
Security Branch;
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(B) a description of the intelligence and national security
capabilities of the National Security Branch that will be
fully functional within the five-year period beginning on the
date on which the report is submitted;
(C) a description--
(i) of the internal reforms that were carried out at the
National Security Branch during the two-year period ending on
the date on which the report is submitted; and
(ii) of the manner in which such reforms have advanced the
capabilities of the National Security Branch;
(D) an assessment of the effectiveness of the National
Security Branch in performing tasks that are critical to the
effective functioning of the National Security Branch as an
intelligence agency, including--
(i) human intelligence collection, both within and outside
the parameters of an existing case file or ongoing
investigation, in a manner that protects civil liberties;
(ii) intelligence analysis, including the ability of the
National Security Branch to produce, and provide policymakers
with, information on national security threats to the United
States;
(iii) management, including the ability of the National
Security Branch to manage and develop human capital and
implement an organizational structure that supports the
objectives and strategies of the Branch;
(iv) integration of the National Security Branch into the
intelligence community, including an ability to robustly
share intelligence and effectively communicate and operate
with appropriate Federal, State, local, and tribal partners;
(v) implementation of an infrastructure that supports the
national security and intelligence missions of the National
Security Branch, including proper information technology and
facilities; and
(vi) reformation of the culture of the National Security
Branch, including the integration by the Branch of
intelligence analysts and other professional staff into
intelligence collection operations and the success of the
National Security Branch in ensuring that intelligence and
threat information drive the operations of the Branch;
(E) performance metrics and specific annual timetables for
advancing the performance of the tasks referred to in clauses
(i) through (vi) of subparagraph (D) and a description of the
activities being undertaken to ensure that the performance of
the National Security Branch in carrying out such tasks
improves; and
(F) an assessment of the effectiveness of the field office
supervisory term limit policy of the Federal Bureau of
Investigation that requires the mandatory reassignment of a
supervisor of the Bureau after a specific term of years.
(b) Annual Assessments.--
(1) Requirement for assessments.--Not later than 180 days
after the date on which the report required by subsection
(a)(1) is submitted, and annually thereafter for five years,
the Director of National Intelligence, in consultation with
the Director of the Federal Bureau of Investigation, shall
submit to the congressional intelligence committees, the
Committee on the Judiciary of the Senate, and the Committee
on the Judiciary of the House of Representatives an
assessment of the performance of the National Security Branch
in carrying out the tasks referred to in clauses (i) through
(vi) of subsection (a)(2)(D) in comparison to such
performance during previous years.
(2) Considerations.--In conducting each assessment required
by paragraph (1), the Director of National Intelligence--
(A) shall use the performance metrics and specific annual
timetables for carrying out such tasks referred to in
subsection (a)(2)(E); and
(B) may request the assistance of any expert that the
Director considers appropriate, including an inspector
general of an appropriate department or agency.
TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE
SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS
SERVICE PROGRAM OFFICE.
(a) Reorganization of the Diplomatic Telecommunications
Service Program Office.--
(1) In general.--Subtitle B of title III of the
Intelligence Authorization Act for Fiscal Year 2001 (Public
Law 106-567; 22 U.S.C. 7301 et seq.) is amended by striking
sections 321, 322, 323, and 324, and inserting the following
new sections:
``SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM
OFFICE.
``(a) Reorganization.--The Diplomatic Telecommunications
Service Program Office established pursuant to title V of
Public Law 102-140 shall be reorganized in accordance with
this subtitle.
``(b) Duties.--The duties of the DTS-PO include
implementing a program for the establishment and maintenance
of a DTS Network capable of providing multiple levels of
service to meet the wide-ranging needs of all United States
Government departments and agencies operating from diplomatic
and consular facilities outside of the United States,
including national security needs for secure, reliable, and
robust communications capabilities.
``SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC
TELECOMMUNICATIONS SERVICE GOVERNANCE BOARD.
``(a) Governance Board.--
``(1) Establishment.--There is established the Diplomatic
Telecommunications Service Governance Board to direct and
oversee the activities and performance of the DTS-PO.
``(2) Executive agent.--
``(A) Designation.--The Director of the Office of
Management and Budget shall designate, from among the
departments and agencies of the United States Government that
use the DTS Network, a department or agency as the DTS-PO
Executive Agent.
``(B) Duties.--The Executive Agent designated under
subparagraph (A) shall--
``(i) nominate a Director of the DTS-PO for approval by the
Governance Board in accordance with subsection (e); and
``(ii) perform such other duties as established by the
Governance Board in the determination of written implementing
arrangements and other relevant and appropriate governance
processes and procedures under paragraph (3).
``(3) Requirement for implementing arrangements.--Subject
to the requirements of this subtitle, the Governance Board
shall determine the written implementing arrangements and
other relevant and appropriate governance processes and
procedures to manage, oversee, resource, or otherwise
administer the DTS-PO.
``(b) Membership.--
``(1) Selection.--The Director of the Office of Management
and Budget shall designate from among the departments and
agencies that use the DTS Network--
``(A) four departments and agencies to each appoint one
voting member of the Governance Board from the personnel of
such departments and agencies; and
``(B) any other departments and agencies that the Director
considers appropriate to each appoint one nonvoting member of
the Governance Board from the personnel of such departments
and agencies.
``(2) Voting and nonvoting members.--The Governance Board
shall consist of voting members and nonvoting members as
follows:
``(A) Voting members.--The voting members shall consist of
a Chair, who shall be designated by the Director of the
Office of Management and Budget, and the four members
appointed by departments and agencies designated under
paragraph (1)(A).
``(B) Nonvoting members.--The nonvoting members shall
consist of the members appointed by departments and agencies
designated under paragraph (1)(B) and shall act in an
advisory capacity.
``(c) Chair Duties and Authorities.--The Chair of the
Governance Board shall--
``(1) preside over all meetings and deliberations of the
Governance Board;
``(2) provide the Secretariat functions of the Governance
Board; and
``(3) propose bylaws governing the operation of the
Governance Board.
``(d) Quorum, Decisions, Meetings.--A quorum of the
Governance Board shall consist of the presence of the Chair
and four voting members. The decisions of the Governance
Board shall require a majority of the voting membership. The
Chair shall convene a meeting of the Governance Board not
less than four times each year to carry out the functions of
the Governance Board. The Chair or any voting member may
convene a meeting of the Governance Board.
``(e) Governance Board Duties.--The Governance Board shall
have the following duties with respect to the DTS-PO:
``(1) To approve and monitor the plans, services,
priorities, policies, and pricing methodology of the DTS-PO
for bandwidth costs and projects carried out at the request
of a department or agency that uses the DTS Network.
``(2) To provide to the DTS-PO Executive Agent the
recommendation of the Governance Board with respect to the
approval, disapproval, or modification of each annual budget
request for the DTS-PO, prior to the submission of any such
request by the Executive Agent.
``(3) To review the performance of the DTS-PO against plans
approved under paragraph (1) and the management activities
and internal controls of the DTS-PO.
``(4) To require from the DTS-PO any plans, reports,
documents, and records the Governance Board considers
necessary to perform its oversight responsibilities.
``(5) To conduct and evaluate independent audits of the
DTS-PO.
``(6) To approve or disapprove the nomination of the
Director of the DTS-PO by the Executive Agent with a majority
vote of the Governance Board.
``(7) To recommend to the Executive Agent the replacement
of the Director of the DTS-PO with a majority vote of the
Governance Board.
``(f) National Security Interests.--The Governance Board
shall ensure that those enhancements of, and the provision of
service for, telecommunication capabilities that involve the
national security interests of the United States receive the
highest prioritization.
``SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNICATIONS
SERVICE.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
for the operations, maintenance, development, enhancement,
modernization, and investment costs of the DTS Network and
the DTS-PO. Funds appropriated for allocation to the DTS-PO
shall remain available to the DTS-PO for a period of two
fiscal years.
``(b) Fees.--The DTS-PO shall charge a department or agency
that uses the DTS Network for only those bandwidth costs
attributable to such department or agency and for
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specific projects carried out at the request of such
department or agency, pursuant to the pricing methodology for
such bandwidth costs and such projects approved under section
322(e)(1), for which amounts have not been appropriated for
allocation to the DTS-PO. The DTS-PO is authorized to
directly receive payments from departments or agencies that
use the DTS Network and to invoice such departments or
agencies for the fees under this section either in advance
of, or upon or after, providing the bandwidth or performing
such projects. Such funds received from such departments or
agencies shall remain available to the DTS-PO for a period of
two fiscal years.
``SEC. 324. DEFINITIONS.
``In this subtitle:
``(1) DTS network.--The term `DTS Network' means the
worldwide telecommunications network supporting all United
States Government agencies and departments operating from
diplomatic and consular facilities outside of the United
States.
``(2) DTS-PO.--The term `DTS-PO' means the Diplomatic
Telecommunications Service Program Office.
``(3) Governance board.--The term `Governance Board' means
the Diplomatic Telecommunications Service Governance Board
established under section 322(a)(1).''.
(2) Table of contents amendment.--The table of contents in
section 1(b) of the Intelligence Authorization Act for Fiscal
Year 2001 (Public Law 106-567; 114 Stat. 2831) is amended by
striking the items relating to sections 321, 322, 323, and
324 and inserting the following new items:
``Sec. 321. Diplomatic Telecommunications Service Program Office.
``Sec. 322. Establishment of the Diplomatic Telecommunications Service
Governance Board.
``Sec. 323. Funding of the Diplomatic Telecommunications Service.
``Sec. 324. Definitions.''.
(b) Conforming Amendments.--
(1) Repeal of suspension of reorganization.--
(A) Repeal.--The Intelligence Authorization Act for Fiscal
Year 2002 (Public Law 107-108; 22 U.S.C. 7301 note) is
amended by striking section 311.
(B) Table of contents amendment.--The table of contents in
section 1 of such Act is amended by striking the item
relating to section 311.
(2) Repeal of reform.--
(A) Repeal.--The Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act; 113 Stat.
1501A-405) is amended by striking section 305.
(B) Table of contents amendment.--The table of contents in
section 2(b) of such Act is amended by striking the item
related to section 305.
(3) Repeal of reporting requirements.--Section 507(b) of
the National Security Act of 1947 (50 U.S.C. 415b(b)), as
amended by section 351 of this Act, is further amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Foreign Intelligence and
Information Commission Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Foreign
Intelligence and Information Commission established in
section 603(a).
(2) Foreign intelligence; intelligence.--The terms
``foreign intelligence'' and ``intelligence'' have the
meaning given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
(3) Information.--The term ``information'' includes
information of relevance to the foreign policy of the United
States collected and conveyed through diplomatic reporting
and other reporting by personnel of the United States
Government who are not employed by an element of the
intelligence community, including public and open-source
information.
SEC. 603. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.
(a) Establishment.--There is established in the legislative
branch a Foreign Intelligence and Information Commission.
(b) Purpose.--The purpose of the Commission is to evaluate
systems and processes at the strategic, interagency level and
provide recommendations accordingly, and not to seek to
duplicate the functions of the Director of National
Intelligence.
(c) Functions.--The Commission shall--
(1) evaluate the current processes or systems for the
strategic integration of the intelligence community,
including the Open Source Center, and other elements of the
United States Government, including the Department of State,
with regard to the collection, reporting, and analysis of
foreign intelligence and information;
(2) provide recommendations to improve or develop such
processes or systems to integrate the intelligence community
with other elements of the United States Government,
potentially including the development of an interagency
strategy that identifies--
(A) the collection, reporting, and analysis requirements of
the United States Government;
(B) the elements of the United States Government best
positioned to meet collection and reporting requirements,
with regard to missions, comparative institutional
advantages, and any other relevant factors; and
(C) interagency budget and resource allocations necessary
to achieve such collection, reporting, and analytical
requirements;
(3) evaluate the extent to which current intelligence
collection, reporting, and analysis strategies are intended
to provide global coverage and anticipate future threats,
challenges, and crises;
(4) provide recommendations on how to incorporate into the
interagency strategy the means to anticipate future threats,
challenges, and crises, including by identifying and
supporting collection, reporting, and analytical capabilities
that are global in scope and directed at emerging, long-term,
and strategic targets;
(5) provide recommendations on strategies for sustaining
human and budgetary resources to effect the global collection
and reporting missions identified in the interagency
strategy, including the prepositioning of collection and
reporting capabilities;
(6) provide recommendations for developing, clarifying,
and, if necessary, bolstering current and future collection
and reporting roles and capabilities of elements of the
United States Government that are not elements of the
intelligence community deployed in foreign countries;
(7) provide recommendations related to the role of
individual country missions in contributing to the
interagency strategy;
(8) evaluate the extent to which the establishment of new
embassies and out-of-embassy posts are able to contribute to
expanded global coverage and increased collection and
reporting and provide recommendations related to the
establishment of new embassies and out-of-embassy posts;
(9) provide recommendations on executive or legislative
changes necessary to establish any new executive branch
entity or to expand the authorities of any existing executive
branch entity, as needed to improve the strategic integration
referred to in paragraph (1) and develop and oversee the
implementation of any interagency strategy;
(10) provide recommendations on processes for developing
and presenting to Congress budget requests for each relevant
element of the United States Government that reflect the
allocations identified in the interagency strategy and for
congressional oversight of the development and implementation
of the strategy; and
(11) provide recommendations on any institutional reforms
related to the collection and reporting roles of individual
elements of the United States Government outside the
intelligence community, as well as any budgetary,
legislative, or other changes needed to achieve such reforms.
SEC. 604. MEMBERS AND STAFF OF THE COMMISSION.
(a) Members of the Commission.--
(1) Appointment.--The Commission shall be composed of 10
members as follows:
(A) Two members appointed by the majority leader of the
Senate.
(B) Two members appointed by the minority leader of the
Senate.
(C) Two members appointed by the Speaker of the House of
Representatives.
(D) Two members appointed by the minority leader of the
House of Representatives.
(E) One nonvoting member appointed by the Director of
National Intelligence.
(F) One nonvoting member appointed by the Secretary of
State.
(2) Selection.--
(A) In general.--Members of the Commission shall be
individuals who--
(i) are not officers or employees of the United States
Government or any State or local government; and
(ii) have knowledge and experience--
(I) in foreign information and intelligence collection,
reporting, and analysis, including clandestine collection and
classified analysis (such as experience in the intelligence
community), diplomatic reporting and analysis, and collection
of public and open-source information;
(II) in issues related to the national security and foreign
policy of the United States gained by serving as a senior
official of the Department of State, a member of the Foreign
Service, an employee or officer of an appropriate department
or agency of the United States, or an independent
organization with expertise in the field of international
affairs; or
(III) with foreign policy decision-making.
(B) Diversity of experience.--The individuals appointed to
the Commission should be selected with a view to establishing
diversity of experience with regard to various geographic
regions, functions, and issues.
(3) Consultation.--The Speaker and the minority leader of
the House of Representatives, the majority leader and the
minority leader of the Senate, the Director of National
Intelligence, and the Secretary of State shall consult among
themselves prior to the appointment of the members of the
Commission in order to achieve, to the maximum extent
possible, fair and equitable representation of various points
of view with respect to the matters to be considered by the
Commission in accordance with this title.
(4) Time of appointment.--The appointments under subsection
(a) shall be made--
(A) after the date on which funds are first appropriated
for the Commission pursuant to section 609; and
[[Page S6793]]
(B) not later than 60 days after such date.
(5) Term of appointment.--Members shall be appointed for
the life of the Commission.
(6) Vacancies.--Any vacancy of the Commission shall not
affect the powers of the Commission and shall be filled in
the manner in which the original appointment was made.
(7) Chair.--The voting members of the Commission shall
designate one of the voting members to serve as the chair of
the Commission.
(8) Quorum.--Five voting members of the Commission shall
constitute a quorum for purposes of transacting the business
of the Commission.
(9) Meetings.--The Commission shall meet at the call of the
chair and shall meet regularly, not less than once every 3
months, during the life of the Commission.
(b) Staff.--
(1) In general.--The chair of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service and chapter
51 and subchapter III of chapter 53 of that title relating to
classification of positions and General Schedule pay rates,
appoint and terminate an executive director and, in
consultation with the executive director, appoint and
terminate such other additional personnel as may be necessary
to enable the Commission to perform its duties. In addition
to the executive director and one full-time support staff for
the executive director, there shall be additional staff with
relevant intelligence and foreign policy experience to
support the work of the Commission.
(2) Selection of the executive director.--The executive
director shall be selected with the approval of a majority of
the voting members of the Commission.
(3) Compensation.--
(A) Executive director.--The executive director shall be
compensated at the maximum annual rate payable for an
employee of a standing committee of the Senate under section
105(e) of the Legislative Branch Appropriations Act, 1968 (2
U.S.C. 61-1(e)), as adjusted by any order of the President
pro tempore of the Senate.
(B) Staff.--The chair of the Commission may fix the
compensation of other personnel of the Commission without
regard to chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay for such personnel may not exceed the maximum
annual rate payable for an employee of a standing committee
of the Senate under section 105(e) of the Legislative Branch
Appropriations Act, 1968 (2 U.S.C. 61-1(e)), as adjusted by
any order of the President pro tempore of the Senate.
(c) Experts and Consultants.--The Commission is authorized
to procure temporary or intermittent services of experts and
consultants as necessary to the extent authorized by section
3109 of title 5, United States Code, at rates for individuals
not to exceed the daily equivalent of the maximum annual rate
of basic pay payable under section 5376 of such title.
(d) Staff and Services of Other Agencies or Departments of
the United States.--Upon the request of the Commission, the
head of a department or agency of the United States may
detail, on a reimbursable or nonreimbursable basis, any of
the personnel of that department or agency to the Commission
to assist the Commission in carrying out this title. The
detail of any such personnel shall be without interruption or
loss of civil service or Foreign Service status or privilege.
(e) Security Clearance.--The appropriate departments or
agencies of the United States shall cooperate with the
Commission in expeditiously providing to the members and
staff of the Commission appropriate security clearances to
the extent possible pursuant to existing procedures and
requirements.
(f) Reports Under Ethics in Government Act of 1978.--
Notwithstanding any other provision of law, for purposes of
title I of the Ethics in Government Act of 1978 (5 U.S.C.
App.), each member and staff of the Commission--
(1) shall be deemed to be an officer or employee of the
Congress (as defined in section 109(13) of such title); and
(2) shall file any report required to be filed by such
member or such staff (including by virtue of the application
of paragraph (1)) under title I of the Ethics in Government
Act of 1978 (5 U.S.C. App.) with the Secretary of the Senate.
SEC. 605. POWERS AND DUTIES OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out this title.
(b) Information From Federal Agencies.--The Commission may
secure directly from any department or agency of the United
States such information as the Commission considers necessary
to carry out this title. Upon request of the chair of the
Commission, the head of such department or agency shall
furnish such information to the Commission, subject to
applicable law.
(c) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as a department or agency of the United States.
(d) Administrative Support.--The Administrator of the
General Services Administration shall provide to the
Commission on a reimbursable basis (or, in the discretion of
the Administrator, on a nonreimbursable basis) such
administrative support services as the Commission may request
to carry out this title.
(e) Administrative Procedures.--The Commission may adopt
such rules and regulations, relating to administrative
procedure, as may be reasonably necessary to enable the
Commission to carry out this title.
(f) Travel.--
(1) In general.--The members and staff of the Commission
may, with the approval of the Commission, conduct such travel
as is necessary to carry out this title.
(2) Expenses.--Members of the Commission shall serve
without pay but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Commission.
(g) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
SEC. 606. REPORT OF THE COMMISSION.
(a) In General.--
(1) Interim report.--Not later than 300 days after the date
on which all members of the Commission are appointed under
section 604(a), the Commission shall submit to the
congressional intelligence committees an interim report
setting forth the preliminary evaluations and recommendations
of the Commission described in section 603(c).
(2) Final report.--Not later than 60 days after the date of
the submission of the report required by paragraph (1), the
Commission shall submit a final report setting forth the
final evaluations and recommendations of the Commission
described in section 603(c) to each of the following:
(A) The President.
(B) The Director of National Intelligence.
(C) The Secretary of State.
(D) The congressional intelligence committees.
(E) The Committee on Foreign Relations of the Senate.
(F) The Committee on Foreign Affairs of the House of
Representatives.
(b) Individual or Dissenting Views.--Each member of the
Commission may include that member's individual or dissenting
views in a report required by paragraph (1) or (2) of
subsection (a).
(c) Form of Report.--The reports required by paragraphs (1)
and (2) of subsection (a), including any finding or
recommendation of such report, shall be submitted in
unclassified form, but may include a classified annex.
SEC. 607. TERMINATION.
(a) In General.--The Commission shall terminate on the date
that is 60 days after the date of the submission of the
report required by section 606(a)(2).
(b) Transfer of Records.--Upon the termination of the
Commission under subsection (a), all records, files,
documents, and other materials in the possession, custody, or
control of the Commission shall be transferred to the Select
Committee on Intelligence of the Senate and deemed to be
records of such Committee.
SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
such sums as may be necessary to carry out this title.
(b) Availability.--Amounts made available to the Commission
pursuant to subsection (a) shall remain available until
expended.
TITLE VII--OTHER MATTERS
SEC. 701. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF
THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE
UNITED STATES INTELLIGENCE COMMUNITY.
(a) Extension.--
(1) In general.--Effective on the date on which funds are
first appropriated pursuant to subsection (b)(1) and subject
to paragraph (3), subsection (a) of section 1007 of the
Intelligence Authorization Act for Fiscal Year 2003 (Public
Law 107-306; 50 U.S.C. 401 note) is amended by striking
``September 1, 2004,'' and inserting ``one year after the
date on which all members of the Commission are appointed
pursuant to section 701(a)(3) of the Intelligence
Authorization Act for Fiscal Year 2010,''.
(2) Applicability of amendment.--The amendment made by
paragraph (1) shall take effect as if included in the
enactment of such section 1007.
(3) Commission membership.--The membership of the National
Commission for the Review of the Research and Development
Programs of the United States Intelligence Community
established under subsection (a) of section 1002 of such Act
(Public Law 107-306; 50 U.S.C. 401 note) (referred to in this
section as the ``Commission'') shall be considered vacant and
new members shall be appointed in accordance with such
section 1002, as amended by subparagraph (B).
(4) Clarification of duties.--Section 1002(i) of such Act
is amended in the matter preceding paragraph (1) by striking
``including--'' and inserting ``including advanced research
and development programs and activities. Such review shall
include--''.
(b) Funding.--
[[Page S6794]]
(1) In general.--There is authorized to be appropriated
such sums as may be necessary to carry out this section.
(2) Availability.--Amounts made available to the Commission
pursuant to paragraph (1) shall remain available until
expended.
(3) Repeal of existing funding authority.--Section 1010 of
the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306; 50 U.S.C. 401 note) is repealed.
(c) Technical Amendments.--
(1) Director of central intelligence.--The Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306)
is amended by striking ``Director of Central Intelligence''
each place it appears and inserting ``Director of National
Intelligence'' in the following provisions:
(A) Section 1002(h)(2).
(B) Section 1003(d)(1).
(C) Section 1006(a)(1).
(D) Section 1006(b).
(E) Section 1007(a).
(F) Section 1008.
(2) Deputy director of central intelligence for community
management.--Paragraph (1) of section 1002(b) of such Act is
amended by striking ``The Deputy Director of Central
Intelligence for Community Management.'' and inserting ``The
Principal Deputy Director of National Intelligence.''.
SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH MATERIALS
IN THE POSSESSION OF THE CONGRESSIONAL
INTELLIGENCE COMMITTEES.
The Director of National Intelligence is authorized to
conduct, at the request of one of the congressional
intelligence committees and in accordance with procedures
established by that committee, a classification review of
materials in the possession of that committee that--
(1) are not less than 25 years old; and
(2) were created, or provided to that committee, by an
entity in the executive branch.
TITLE VIII--TECHNICAL AMENDMENTS
SEC. 801. TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) is amended--
(1) in section 101--
(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. 802. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE
AGENCY ACT OF 1949.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a
et seq.) is amended--
(1) in paragraph (1) of section 5(a), 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. 803. 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. 804. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT
OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.)
is amended--
(1) in section 3(4)(L), 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. 805. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR
NATIONAL INTELLIGENCE PROGRAM.
(a) In General.--Subsection (a) of section 1403 of the
National Defense Authorization Act for Fiscal Year 1991 (50
U.S.C. 404b) is amended--
(1) in the heading, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of Director of National Intelligence.--
Such section 1403, as amended by subsection (a), is further
amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Future-Years Defense Program.--Subsection (c) of such
section 1403, as amended by subsection (b), is further
amended by striking ``multiyear defense program submitted
pursuant to section 114a of title 10, United States Code''
and inserting ``future-years defense program submitted
pursuant to section 221 of title 10, United States Code''.
(d) Conforming Amendments.--
(1) In general.--The heading of such section 1403 is
amended to read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
(2) Table of contents amendment.--The table of contents in
section 2 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1485) is
amended by striking the item relating to section 1403 and
inserting the following new item:
``Sec. 1403. Multiyear National Intelligence Program.''.
SEC. 806. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) Amendments to the National Security Intelligence Reform
Act of 2004.--The National Security Intelligence Reform Act
of 2004 (title I of Public Law 108-458; 118 Stat. 3643) is
amended--
(1) in subparagraph (B) of section 1016(e)(10) (6 U.S.C.
485(e)(10)), by striking ``Attorney General'' the second
place it appears and inserting ``Department of Justice'';
(2) in subsection (e) of section 1071, 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''.
[[Page S6795]]
SEC. 807. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5,
United States Code, is amended by striking the item relating
to the Director of Central Intelligence and inserting the
following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by striking the item relating
to the General Counsel of the Office of the National
Intelligence Director and inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 808. TECHNICAL AMENDMENTS TO SECTION 105 OF THE
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
2004.
Section 105(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2603; 31
U.S.C. 311 note) is amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
SEC. 809. TECHNICAL AMENDMENTS TO SECTION 602 OF THE
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1995.
Section 602 of the Intelligence Authorization Act for
Fiscal Year 1995 (50 U.S.C. 403-2b) is amended--
(1) in subsection (a), in paragraph (2), by striking
``Director of Central Intelligence'' and inserting ``Director
of National Intelligence''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(ii) in subparagraph (B), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(C) in paragraph (3), by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central
Intelligence Agency''.
SEC. 810. TECHNICAL AMENDMENTS TO SECTION 403 OF THE
INTELLIGENCE AUTHORIZATION ACT, FISCAL YEAR
1992.
(a) Role of the Director of National Intelligence.--Section
403 of the Intelligence Authorization Act, Fiscal Year 1992
(50 U.S.C. 403-2) is amended by striking ``The Director of
Central Intelligence'' and inserting the following:
``(a) In General.--The Director of National Intelligence''.
(b) Definition of Intelligence Community.--Section 403 of
the Intelligence Authorization Act, Fiscal Year 1992, as
amended by subsection (a), is further amended--
(1) by striking ``Intelligence Community'' and 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)).''.
Mrs. FEINSTEIN. It is my understanding the bill is passed. I thank
the Senate for passage of this bill.
This is a bill which the Senate Select Committee on Intelligence
reported out by a unanimous 15-to-0 vote on July 19. This is the
Senate's second time approving an intelligence authorization bill for
fiscal year 2010. The committee reported S. 1494 unanimously in July
2009, and the Senate passed it by unanimous consent in September 2009.
The House passed its bill, its 2010 authorization bill, in February
2010.
The House and Senate Intelligence Committees then worked for months,
together with the administration, to agree on a bill that would make a
substantial contribution to national security and that would be able to
pass both Chambers and become law with the President's approval. S.
3611 is that agreement.
I thank the White House for their efforts to come to an agreement on
the legislation, as well as the efforts of the vice chairman, Senator
Bond, and his staff. This is his last bill and, as such, I thank him
very much for his cooperation in this matter, for the ability to work
with him over this period of time.
I would also like to acknowledge the leadership of the distinguished
chairman of the House Intelligence Committee, Mr. Reyes.
Broadly speaking, the bill advances the cause of effective oversight
of the intelligence community and contributes significantly to the
Director of National Intelligence's ability to direct and lead the
intelligence community as an integrated whole.
It is my understanding that the House will be back in session next
week. I would urge them to take up this important legislation at that
time.
Our committee filed a detailed report on S. 3611, which is available
both in print and on our Web site to all Members of the Senate, our
colleagues in the House, and the public as Senate Report 111-223.
The bill contains 106 sections divided into eight titles. Let me
commend the reading of the bill and our report to all who may be
interested in why it is essential that the Congress complete action on
this needed and overdue legislation. In these remarks, I will only
mention a few highlights.
This is the committee's second report of an intelligence
Authorization for fiscal year 2010. We reported S. 1494 unanimously in
July 2009 and the Senate passed it by unanimous consent in September
2009. The House passed its fiscal year 2010 in February 2010.
The House and Senate Intelligence Committees then worked for months,
together with the administration, to agree on a bill that would make a
substantial contribution to national security and that would be able to
pass both Chambers and become law with the President's approval. S.
3611 is that agreement.
Broadly speaking, the bill advances the cause of effective oversight
of the intelligence community and contributes significantly to the
Director of National Intelligence's ability to direct and lead the
intelligence community as an integrated whole.
To illustrate, with respect to oversight, the bill will complete an
effort that the Senate began in 2004 to create a strong and independent
statutory inspector general for the intelligence community. A principal
focus of that community-wide IG will be on progress and problems with
the integration of the efforts of the 16 components of the intelligence
community. The bill also strengthens the CIA inspector general and
provides a statutory basis for IGs in the major intelligence elements
within the Department of Defense.
This strengthened IG system within the intelligence community will
provide greater visibility for the leaders of the IC, including the
DNI, into management, information sharing and information security, and
other problems within the intelligence community. The reports of their
investigations and audits will also be, as IG reports have been, an
invaluable aid for congressional oversight.
Other parts of the bill will also directly aid congressional
oversight. These include requirements that executive and legislative
procedures on full and timely notifications to the intelligence
committees be in writing and that written records of notifications to
the intelligence committees of intelligence activities and covert
actions also be in writing.
Importantly, the bill also requires that the head of each
intelligence element certify annually on compliance with substantial
congressional notification requirements that already exist in title V
of the National Security Act.
The bill takes important steps to improve both executive and
congressional oversight of intelligence community procurement and
budget matters. In the coming years, all parts of the government will
need to address the reality that appropriation levels will not rise as
they have in the past. This means that controlling cost overruns and
promoting sound long term budget planning is an essential part of
national security. The bill takes important steps toward those
objectives.
The bill grants to the Director of National Intelligence important
authorities to manage the intelligence community. These include
authorities concerning personnel management, acquisition authority, and
information sharing. There may be more to accomplish in all of these
respects and we have invited General Clapper, if he is confirmed as I
hope and expect he will, not to be hesitant in asking for additional
authority if he identifies a need for it.
As is detailed in the committee's report, there are 10 provisions in
this legislation that enhance the DNI's authority and management
flexibilities. Eight of those 10 provisions were requested by this
administration or the prior one.
There is more in this broad ranging legislation, from large to small
items. Indeed, the very length of the bill is testimony to the fact
that we have gone 5 years without an intelligence authorization. From
fiscal years 1979 to 2005, the Congress had enacted an authorization
for every fiscal year. The
[[Page S6796]]
fiscal year 2010 bill is an opportunity, which we must not lose, to get
back on track.
I will briefly note the reasons for the managers' amendment that the
distinguished vice chairman, Senator Bond, and I have propounded.
Three provisions of S. 3611 as reported by our committee on July 19,
sections 106, 333(c.), and 334 of S. 3611, have been enacted into law
by provisions of the Supplemental Appropriations Act, 2010, sections
301, 308, and 3011 of Public Law 111-212, which the President signed
into law on July 29. Accordingly, the managers' amendment deletes those
now enacted provisions from S. 3611.
The managers' amendment also addresses requests from the Budget and
Judiciary Committees. As requested by the Budget Committee, the
amendment adds a pay-go provision. I should note that the Congressional
Budget Office table that will be printed in the Record indicates that
the bill makes no changes in the government's direct spending. As
requested by the Judiciary Committee, the amendment clarifies that
reports provided to the Congress under several sections of the bill
will be provided to the Judiciary Committee.
This legislation reflects the negotiations with the House committee,
the intelligence community, and the White House. Provisions that our
committee, and the Senate, passed last September had to be removed due
to veto threats or objections from the House of Representatives. I look
forward to addressing some of those issues in future legislation.
Beginning with our distinguished vice chairman, Senator Bond, and
acknowledging also the leadership of the distinguished chairman of the
House Intelligence Committee, Mr. Reyes, I would like to thank all of
my colleagues for their work in producing a bill that will take
important strides in improving the authority and oversight of the
intelligence community through this 2010 bill, even as we recognize
that there is more to achieve in authorization legislation for fiscal
years 2011 and beyond.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Madam President, I thank the chair of our committee. I
thank her, her staff, for all of the good work that has gone into this
bill, repeatedly, as she pointed out.
For too many years Congress has failed to pass an intelligence
authorization bill that could be signed into law. I am very pleased to
join with Senator Feinstein, the distinguished chair of the Senate
Select Committee on Intelligence, in achieving passage of S. 3611, the
Intelligence Authorization Act for Fiscal Year 2010.
Over the past several months, we worked closely with the House
Permanent Select Committees on Intelligence and Administration to reach
a compromise text that could serve as a conference report for this
bill. The bill now before this Senate and having passed the Senate
contains all of the elements of the compromise. It has been agreed to
in advance by representatives of the administration. But,
unfortunately, the House has thus far declined to move the process
forward, bringing this bill formally to conference.
The chair and I agreed that we would be able to move this process
forward by having the Senate pass the compromise text for the House to
consider when it returns next week.
The intelligence authorization bill before us is a good bill. It will
give the intelligence community the flexibility and authorities it
needs to function effectively and will ensure appropriate intelligence
oversight by this committee.
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 intelligence community,
and, ultimately, we are failing the American people.
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. In these tough economic times, it is more important
than ever to make sure that the intelligence community is appropriately
resourced to ensure that its personnel can effectively perform their
respective national security missions.
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. And
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.
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 appreciate her willingness
to work through the countless issues raised throughout this process. I
also thank my colleagues for supporting this bill.
It is well-past time that Congress send an intelligence authorization
bill to the President for his signature. Only by fulfilling our
legislative function will we get back on track with performing
effective and much-needed intelligence oversight.
I, again, extend and expand my thanks to the distinguished chair for
making sure the Senate Intelligence Committee can work in a bipartisan
manner, which we have done on this bill, and on lengthy oversight
matters that we have undertaken out of view of public scrutiny,
obviously, but spending many days, many hours in meetings, looking over
the wide range of critical efforts that are needed by our intelligence
community to keep our country safe.
Why does passing an authorization bill matter at this late date in
the fiscal year? An annual intelligence authorization bill does more
than just authorize funding for intelligence activities, funding that
in many cases has already been appropriated and spent. But it is vital
that the intelligence committees be able to provide direction for the
expenditure of funds for the intelligence community. But by providing
current and congressional guidance and statutory authority we can
ensure that the intelligence community has the maximum flexibility, the
capability it needs to function effectively, spend taxpayer funds
wisely, and keep our Nation safe.
The Senate bill has the full support of the Senate. Senior
administration has said they will recommend the President sign this
compromise text into law. I urge, once again, the Speaker of the House
of Representatives to bring up this bill and pass it when the House
returns to session next week so we can get back on track with
performing effective intelligence oversight.
Mr. LEAHY. Madam President. today the Senate passed a new version of
the
[[Page S6797]]
Intelligence Authorization Act for Fiscal Year 2010 (S. 3611) with a
manager's amendment to address key concerns of the Judiciary Committee.
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.
Last fall, when an earlier version of this bill--S. 1494--was
considered by the Senate, I recognized that several provisions in the
bill fell under the jurisdiction of the Judiciary Committee. Senator
Feinstein and I 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.
Negotiations I undertook with Senator Feinstein last fall on the
earlier version of the bill narrowed the operational files FOIA
exemption for information provided by intelligence agencies to the
Office of the Director of National Intelligence, ODNI, and struck a
FOIA (b)(3) exemption for terrorist identity information. Those
agreements were preserved in the new version of the bill, S. 3611.
Senator Feinstein has told me she is also committed to ensuring that
the Judiciary Committee will receive reports required by the bill's
section 337, Cybersecurity Oversight. I appreciate Senator Feinstein's
support for these improvements. The manager's amendment to the
intelligence authorization bill agreed to today explicitly identifies
the Judiciary Committee as a recipient of relevant reporting
provisions.
The intelligence authorization bill includes several reporting
requirements that involve areas of long-standing interest and
jurisdiction of the Judiciary Committee. The new version of the bill,
S. 3611, ensures that the Judiciary Committee is a recipient of those
reports. Section 333 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 and 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 13493, relating
to detention policy options.
The managers' amendment to the intelligence authorization bill
modifies section 333 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. This
reporting requirement is a cornerstone of the agreement I reached with
Senator Feinstein last year. I am pleased to see it retained in the
bill we passed today.
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 405 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 last fall, and
carried over to S. 3611, 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 405 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 bill passed today contains several
important improvements that I recommended to strengthen FOIA. I am
particularly pleased that the bill, as amended, does not contain a
broad and unnecessary exemption to FOIA's disclosure requirements for
terrorist identity information. That provision was included in an
earlier version of the bill, but I worked to ensure it was struck it
prior to passage of S. 1494 last fall. It is not included in S. 3611,
the successor to S. 1494.
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, as a result of my negotiations with Senator Feinstein last
fall, S. 3611 narrows the exemption to FOIA's search requirements for
operational files information that the Nation's intelligence agencies
share with the ODNI. The bill 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 that S. 3611 and the managers amendment passed today
recognize the value and significance of the shared jurisdiction in many
areas of national security between the Judiciary and Intelligence
Committees. 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
[[Page S6798]]
with regard to oversight of cyber matters and cybersecurity.
I appreciate Senator Feinstein's cooperation in adopting these
improvements. In a letter sent to me yesterday, August 3, 2010, Senator
Feinstein reiterated her commitment to work with the Judiciary
Committee in the area of cyber matters. I ask unanimous consent to have
her August 3, 2010 letter printed in the Record. I also ask unanimous
consent to print in the Record an exchange of letters between Senator
Feinstein and myself dated September 15 and 16, 2009, that discussed
Senate jurisdiction over the section in the bill that addresses
cybersecurity oversight. In the earlier version of the bill, S. 1494,
the section was numbered 340. In the new version of the bill, S. 3611,
the cybersecurity oversight section is numbered 337.
The PRESIDING OFFICER. Without objection, it is so ordered. (See
exhibit 1.)
Mr. LEAHY. As Senator Feinstein has described it, Section 337 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 337 of S. 3611 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 1 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.
Exhibit 1
U.S. Senate,
Select Committee on Intelligence,
Washington, DC, September 15, 2009.
Hon. Patrick Leahy,
Chairman, Committee on the Judiciary, Dirksen Office
Building, 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.
____
U.S. Senate,
Select Committee on Intelligence,
Washington, DC, August 3, 2010.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary, Dirksen Office
Building, Washington, DC.
Dear Chairman Leahy: We exchanged letters last September
about section 340 of S. 1494, the Intelligence Authorization
Act for Fiscal Year 2010. As described in the report of the
Select Committee on Intelligence, the purpose of section 340
is to establish a preliminary framework for executive and
legislative oversight to ensure that the federal government's
national cyber security mission is consistent with legal
authorities and preserves reasonable expectations of privacy.
On September 16, 2009, you placed in the Congressional
Record, at 155 Cong. Rec. S9451, my letter to you of
September 15. Because section 340 provides for various
reports or notifications to be submitted ``to the Congress,''
I wrote to convey to you my recognition of the Judiciary
Committee's long-standing interest in, and jurisdiction over,
cyber matters, and my belief that documents provided to
Congress under section 340 should be provided to the
Judiciary Committee. I also stated my commitment that should
the Intelligence Committee receive reports under section 340
that are within the jurisdiction of the Judiciary Committee
but are not provided to it, then I will ensure your
committee's member and staff access to those documents as
appropriate.
The Intelligence Committee has now reported a second FY
2010 Intelligence Authorization, S. 3611, which is based on
the work of the House and Senate Intelligence Committees and
the Administration to reconcile S. 1494 and H.R. 2701, the
House intelligence bill. Section 337 of S. 3611 is the direct
descendant of section 340 of S. 1494. The legislative history
of section 340 of S. 1494, including my letter to you of
September 15, 2009, is part of the legislative history of
section 337 of S. 3611.
The recognition I expressed of the role of the Judiciary
Committee in cyber matters, my belief in the right of the
Judiciary Committee to receive reports under section 337, and
my commitment to provide to your committee access to such
reports in the event they are provided to my committee but
not to yours, apply as much to section 337 of S. 3611 as they
applied to section 340 of S. 1494.
I look forward to working with your committee, and other
interested committees of the Senate, in establishing a strong
basis for cyber security oversight.
Sincerely,
Dianne Feinstein,
Chairman.
____
U.S. Senate,
Committee on the Judiciary,
Washington, DC, September 16, 2009.
Hon. Dianne Feinstein,
Chairman, Senate Select Committee on Intelligence, Hart
Senate Office Building, Washington, DC.
Dear Chairman Feinstein: Thank you for your letter today
regarding S. 1494, the Intelligence Authorization Act for
Fiscal Year 2010. I was happy to work with you to reach
agreement on the amendment you are offering to the bill to
include the Judiciary Committee as a recipient of relevant
reporting provisions and to strike a proposed FOIA exemption
and modify another FOIA provision. I appreciate your support
for those improvements.
I had my first opportunity to review this legislation when
it was hotlined on August 5. As you noted, our staffs have
been in discussions over various provisions of S. 1494 that
involve the jurisdiction of the Judiciary Committee and
issues on which it shares an interest with the Senate Select
Committee on Intelligence.
Our understanding also includes the commitment in your
letter to me today to ensure that the Judiciary Committee
receives reports required by Section 340, Cybersecurity
Oversight. As you know as a member and former chair of the
Judiciary Committee Subcommittee on Terrorism and Homeland
Security, the Judiciary Committee has long engaged in
oversight and legislative activity regarding cyber threats
and cybersecurity. You and I have long worked together in the
Judiciary Committee on these issues and I appreciate your
recognition of the shared jurisdiction and responsibilities
of the Judiciary and Intelligence Committees with regard to
oversight of cyber matters and cybersecurity. I appreciate
your commitment to ensure that the Judiciary Committee will
receive reports received under the Cybersecurity Oversight
provision.
As you have described it, Section 340 is intended to
provide a preliminary framework for executive and
congressional oversight of
[[Page S6799]]
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 creates several
reporting requirement 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.
According to the legislative language, reports under the
section are to be submitted ``to the Congress.'' As you noted
in your letter, the Judiciary Committee has a ``longstanding
interest in, and jurisdiction over'' cyber matters and cyber
security. This includes criminal activities, cybersecurity
matters handled by the Justice Department and other
departments and agencies under the Judiciary Committee's
jurisdiction, the privacy interests of the American people,
and constitutional and legal dimensions of the Government's
cyber activities, including all legal guidance. Thank you for
your willingness to work together on this issue, and the
other provisions of the intelligence legislation.
I look forward to continuing to work together with you in
the Judiciary Committee and in the Senate to ensure strong
oversight and legislation with regard to cyber matters.
Sincerely,
Patrick Leahy,
Chairman.
The PRESIDING OFFICER. The Senator from North Dakota.
____________________
