114th Congress } { Rept. 114-144
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
_______
June 9, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Nunes, from the Permanent Select Committee on Intelligence,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2596]
[Including cost estimate of the Congressional Budget Office]
The Permanent Select Committee on Intelligence, to whom was
referred the bill (H.R. 2596) to authorize appropriations for
fiscal year 2016 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary effects.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Subtitle A--General Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Prior congressional notification of initiations of certain
new special access programs.
Sec. 304. Prior congressional notification of transfers of funds for
certain intelligence activities.
Sec. 305. Designation of lead intelligence officer for tunnels.
Sec. 306. Clarification of authority of Privacy and Civil Liberties
Oversight Board.
Sec. 307. Reporting process required for tracking certain requests for
country clearance.
Sec. 308. Prohibition on sharing of certain information in response to
foreign government inquiries.
Sec. 309. National Cyber Threat Intelligence Integration Center.
Sec. 310. Intelligence community business system transformation.
Sec. 311. Inclusion of Inspector General of Intelligence Community in
Council of Inspectors General on Integrity and Efficiency.
Sec. 312. Authorities of the Inspector General for the Central
Intelligence Agency.
Sec. 313. Provision of information and assistance to Inspector General
of the Intelligence Community.
Sec. 314. Clarification relating to information access by Comptroller
General.
Sec. 315. Use of homeland security grant funds in conjunction with
Department of Energy national laboratories.
Sec. 316. Technical amendments relating to pay under title 5, United
States Code.
Subtitle B--Matters Relating to United States Naval Station, Guantanamo
Bay, Cuba
Sec. 321. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 322. Prohibition on use of funds to construct or modify facilities
in United States to house detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 323. Prohibition on use of funds to transfer or release
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba, to combat zones.
Subtitle C--Reports
Sec. 331. Reports to Congress on individuals formerly detained at
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 332. Reports on foreign fighters.
Sec. 333. Reports on prisoner population at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 334. Report on use of certain business concerns.
Sec. 335. Repeal of certain reporting requirements.
SEC. 2. DEFINITIONS.
In this Act:
(a) Congressional Intelligence Committees.--The term ``congressional
intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) 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. 3003(4)).
SEC. 3. BUDGETARY EFFECTS.
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 Budget Committee of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2016
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel ceilings as of September 30, 2016, 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
H.R. 2596 of the One Hundred Fourteenth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--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.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize employment of civilian personnel in excess of the number
authorized for fiscal year 2016 by the classified Schedule of
Authorizations referred to in section 102(a) if the Director of
National Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that the number
of personnel employed in excess of the number authorized under such
section may not, for any element of the intelligence community, exceed
3 percent of the number of civilian personnel authorized under such
schedule for such element.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The Director of
National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a).
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 2016 the sum of
$501,850,000. 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,
2017.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 785 positions as of September 30, 2016.
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) 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 2016 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section
102(a). Such additional amounts for advanced research and
development shall remain available until September 30, 2017.
(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, 2016, there
are authorized such additional personnel for the Community
Management Account as of that date as are specified in the
classified Schedule of Authorizations referred to in section
102(a).
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 2016 the sum of
$514,000,000.
TITLE III--GENERAL PROVISIONS
Subtitle A--General 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. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. PRIOR CONGRESSIONAL NOTIFICATION OF INITIATIONS OF CERTAIN
NEW SPECIAL ACCESS PROGRAMS.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for the intelligence community for fiscal year 2016 may be
used to initiate any new special access program pertaining to any
intelligence or intelligence-related activity or covert action unless
the Director of National Intelligence or the Secretary of Defense, as
appropriate, submits to the congressional intelligence committees and
the Committees on Armed Services of the House of Representatives and
the Senate, by not later than 30 days before initiating such a program,
written notification of the intention to initiate the program.
(b) Waiver.--
(1) In general.--The Director of National Intelligence or the
Secretary of Defense, as appropriate, may waive subsection (a)
with respect to the initiation of a new special access program
if the Director or Secretary, as the case may be, determines
that an emergency situation makes it impossible or impractical
to provide the notice required under such subsection by the
date that is 30 days before such initiation.
(2) Notice.--If the Director or Secretary issues a waiver
under paragraph (1), the Director or Secretary, as the case may
be, shall submit to the congressional intelligence committees
and the Committees on Armed Services of the House of
Representatives and the Senate, by not later than 48 hours
after the initiation of the new special access program covered
by the waiver, written notice of the waiver and a justification
for the waiver, including a description of the emergency
situation that necessitated the waiver.
(c) Special Access Program Defined.--In this section, the term
``special access program'' has the meaning given such term in Executive
Order 13526 as in effect on the date of the enactment of this Act.
SEC. 304. PRIOR CONGRESSIONAL NOTIFICATION OF TRANSFERS OF FUNDS FOR
CERTAIN INTELLIGENCE ACTIVITIES.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for the intelligence community for fiscal year 2016 may be
used to initiate a transfer of funds from the Joint Improvised
Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund
to be used for intelligence activities unless the Director of National
Intelligence or the Secretary of Defense, as appropriate, submits to
the congressional intelligence committees, by not later than 30 days
before initiating such a transfer, written notice of the transfer.
(b) Waiver.--
(1) In general.--The Director of National Intelligence or the
Secretary of Defense, as appropriate, may waive subsection (a)
with respect to the initiation of a transfer of funds if the
Director or Secretary, as the case may be, determines that an
emergency situation makes it impossible or impractical to
provide the notice required under such subsection by the date
that is 30 days before such initiation.
(2) Notice.--If the Director or Secretary issues a waiver
under paragraph (1), the Director or Secretary, as the case may
be, shall submit to the congressional intelligence committees,
by not later than 48 hours after the initiation of the transfer
of funds covered by the waiver, written notice of the waiver
and a justification for the waiver, including a description of
the emergency situation that necessitated the waiver.
SEC. 305. DESIGNATION OF LEAD INTELLIGENCE OFFICER FOR TUNNELS.
The Director of National Intelligence shall designate an official to
manage the collection and analysis of intelligence regarding the
tactical use of tunnels by state and nonstate actors.
SEC. 306. CLARIFICATION OF AUTHORITY OF PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD.
Section 1061(g) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(g)) is amended by adding at the end the
following new paragraph:
``(5) Limitations.--Nothing in this section shall be
construed to authorize the Board, or any agent thereof, to gain
access to information that an executive branch agency deems
related to covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C.
3093(e)).''.
SEC. 307. REPORTING PROCESS REQUIRED FOR TRACKING CERTAIN REQUESTS FOR
COUNTRY CLEARANCE.
(a) In General.--By not later than September 30, 2016, the Director
of National Intelligence shall establish a formal internal reporting
process for tracking requests for country clearance submitted to
overseas Director of National Intelligence representatives by
departments and agencies of the United States. Such reporting process
shall include a mechanism for tracking the department or agency that
submits each such request and the date on which each such request is
submitted.
(b) Congressional Briefing.--By not later than December 31, 2016, the
Director of National Intelligence shall brief the congressional
intelligence committees on the progress of the Director in establishing
the process required under subsection (a).
SEC. 308. PROHIBITION ON SHARING OF CERTAIN INFORMATION IN RESPONSE TO
FOREIGN GOVERNMENT INQUIRIES.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act for any element of the intelligence community may be used to
respond to, share, or authorize the sharing of any non-public
information related to intelligence activities carried out by the
United States in response to a legislative or judicial inquiry from a
foreign government into the intelligence activities of the United
States.
(b) Congressional Notification.--Not later than 30 days after an
element of the intelligence community receives a legislative or
judicial inquiry from a foreign government related to intelligence
activities carried out by the United States, the element shall submit
to the congressional intelligence committees written notification of
the inquiry.
(c) Clarification Regarding Collaboration With Foreign Partners.--The
prohibition under subsection (a) shall not be construed as limiting
routine intelligence activities with foreign partners, except in any
case in which the central focus of the collaboration with the foreign
partner is to obtain information for, or solicit a response to, a
legislative or judicial inquiry from a foreign government related to
intelligence activities carried out by the United States.
SEC. 309. NATIONAL CYBER THREAT INTELLIGENCE INTEGRATION CENTER.
(a) Establishment.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended--
(1) by redesignating section 119B as section 119C; and
(2) by inserting after section 119A the following new
section:
``SEC. 119B. CYBER THREAT INTELLIGENCE INTEGRATION CENTER.
``(a) Establishment.--There is within the Office of the Director of
National Intelligence a Cyber Threat Intelligence Integration Center.
``(b) Director.--There is a Director of the Cyber Threat Intelligence
Integration Center, who shall be the head of the Cyber Threat
Intelligence Integration Center, and who shall be appointed by the
Director of National Intelligence.
``(c) Primary Missions.--The Cyber Threat Intelligence Integration
Center shall--
``(1) serve as the primary organization within the Federal
Government for analyzing and integrating all intelligence
possessed or acquired by the United States pertaining to cyber
threats;
``(2) ensure that appropriate departments and agencies of the
Federal Government have full access to and receive all-source
intelligence support needed to execute the cyber threat
intelligence activities of such agencies and to perform
independent, alternative analyses;
``(3) disseminate cyber threat analysis to the President, the
appropriate departments and agencies of the Federal Government,
and the appropriate committees of Congress;
``(4) coordinate cyber threat intelligence activities of the
departments and agencies of the Federal Government; and
``(5) conduct strategic cyber threat intelligence planning
for the Federal Government.
``(d) Limitations.--The Cyber Threat Intelligence Integration
Center--
``(1) may not have more than 50 permanent positions;
``(2) in carrying out the primary missions of the Center
described in subsection (c), may not augment staffing through
detailees, assignees, or core contractor personnel or enter
into any personal services contracts to exceed the limitation
under paragraph (1); and
``(3) shall be located in a building owned or operated by an
element of the intelligence community as of the date of the
enactment of this section.''.
(b) Table of Contents Amendments.--The table of contents in the first
section of the National Security Act of 1947, as amended by section 102
of this title, is further amended by striking the item relating to
section 119B and inserting the following new items:
``Sec. 119B. Cyber Threat Intelligence Integration Center.
``Sec. 119C. National intelligence centers.''.
SEC. 310. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.
Section 506D of the National Security Act of 1947 (50 U.S.C. 3100) is
amended to read as follows:
``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 the Chief Information Officer of the Intelligence
Community makes a certification described in paragraph (2) with respect
to such intelligence community business system transformation.
``(2) The certification described in this paragraph for an
intelligence community business system transformation is a
certification made by the Chief Information Officer of the Intelligence
Community that the intelligence community business system
transformation--
``(A) complies with the enterprise architecture under
subsection (b) and such other policies and standards that the
Chief Information Officer of the Intelligence Community
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 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 Chief Information Officer of the Intelligence Community shall
establish and implement, not later than 60 days after October 7, 2010,
an investment review process for the intelligence community business
systems for which the Chief Information Officer of the Intelligence
Community 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
Chief Information Office of the Intelligence Community 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) 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).
``(f) Relationship to Defense Business Enterprise Architecture.--
Intelligence community business system transformations certified under
this section shall be deemed to be in compliance with section 2222 of
title 10, United States Code. Nothing in this section shall be
construed to exempt funds authorized to be appropriated to the
Department of Defense for activities other than an intelligence
community business system transformation from the requirements of such
section 2222, to the extent that such requirements are otherwise
applicable.
``(g) 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.
``(h) 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
``(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 3552(b) of title 44, United States
Code.''.
SEC. 311. INCLUSION OF INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY IN
COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY.
Section 11(b)(1)(B) of the Inspector General Act of 1978 (Public Law
95-452; 5 U.S.C. App.) is amended by striking ``the Office of the
Director of National Intelligence'' and inserting ``the Intelligence
Community''.
SEC. 312. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
(a) Information and Assistance.--Paragraph (9) of section 17(e) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(9)) is
amended to read as follows:
``(9)(A) The Inspector General may request such information or
assistance as may be necessary for carrying out the duties and
responsibilities of the Inspector General provided by this section from
any Federal, State, or local governmental agency or unit thereof.
``(B) Upon request of the Inspector General for information or
assistance from a department or agency of the Federal Government, the
head of the department or agency involved, insofar as practicable and
not in contravention of any existing statutory restriction or
regulation of such department or agency, shall furnish to the Inspector
General, or to an authorized designee, such information or assistance.
``(C) Nothing in this paragraph may be construed to provide any new
authority to the Central Intelligence Agency to conduct intelligence
activity in the United States.
``(D) In this paragraph, the term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any territory or
possession of the United States.''.
(b) Technical Amendments Relating to Selection of Employees.--
Paragraph (7) of such section (50 U.S.C. 3517(e)(7)) is amended--
(1) by inserting ``(A)'' before ``Subject to applicable
law''; and
(2) by adding at the end the following new subparagraph:
``(B) Consistent with budgetary and personnel resources allocated by
the Director, the Inspector General has final approval of--
``(i) the selection of internal and external candidates for
employment with the Office of Inspector General; and
``(ii) 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.''.
SEC. 313. PROVISION OF INFORMATION AND ASSISTANCE TO INSPECTOR GENERAL
OF THE INTELLIGENCE COMMUNITY.
Section 103H(j)(4) of the National Security Act of 1947 (50 U.S.C.
3033) is amended--
(1) in subparagraph (A), by striking ``any department,
agency, or other element of the United States Government'' and
inserting ``any Federal, State (as defined in section 804), or
local governmental agency or unit thereof''; and
(2) in subparagraph (B), by inserting ``from a department,
agency, or element of the Federal Government'' before ``under
subparagraph (A)''.
SEC. 314. CLARIFICATION RELATING TO INFORMATION ACCESS BY COMPTROLLER
GENERAL.
Section 348(a) of the Intelligence Authorization Act for Fiscal Year
2010 (Public Law 111-259; 124 Stat. 2700; 50 U.S.C. 3308) is amended by
adding at the end the following new paragraph:
``(4) Requests by certain congressional committees.--
Consistent with the protection of classified information, the
directive issued under paragraph (1) shall not prohibit the
Comptroller General from obtaining information necessary to
carry out the following audits or reviews:
``(A) An audit or review carried out--
``(i) at the request of the congressional
intelligence committees; or
``(ii) pursuant to--
``(I) an intelligence authorization
Act;
``(II) a committee report or joint
explanatory statement accompanying an
intelligence authorization Act; or
``(III) a classified annex to a
committee report or joint explanatory
statement accompanying an intelligence
authorization Act.
``(B) An audit or review pertaining to intelligence
activities of the Department of Defense carried out--
``(i) at the request of the congressional
defense committees (as defined in section
101(a)(16) of title 10, United States Code); or
``(ii) pursuant to a national defense
authorization Act.''.
SEC. 315. USE OF HOMELAND SECURITY GRANT FUNDS IN CONJUNCTION WITH
DEPARTMENT OF ENERGY NATIONAL LABORATORIES.
Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C.
609(a)) is amended in the matter preceding paragraph (1) by inserting
``including by working in conjunction with a National Laboratory (as
defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C.
15801(3)),'' after ``plans,''.
SEC. 316. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE 5, UNITED
STATES CODE.
Section 5102(a)(1) of title 5, United States Code, is amended--
(1) in clause (vii), by striking ``or'';
(2) by inserting after clause (vii) the following new clause:
``(viii) the Office of the Director of National
Intelligence;''; and
(3) in clause (x), by striking the period and inserting a
semicolon.
Subtitle B--Matters Relating to United States Naval Station, Guantanamo
Bay, Cuba
SEC. 321. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made available
to an element of the intelligence community may be used during the
period beginning on the date of the enactment of this Act and ending on
December 31, 2016, to transfer, release, or assist in the transfer or
release, to or within the United States, its territories, or
possessions, Khalid Sheikh Mohammed or any other individual detained at
Guantanamo (as such term is defined in section 322(c)).
SEC. 322. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES
IN UNITED STATES TO HOUSE DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available to an element of the intelligence community
may be used during the period beginning on the date of the enactment of
this Act and ending on December 31, 2016, to construct or modify any
facility in the United States, its territories, or possessions to house
any individual detained at Guantanamo for the purposes of detention or
imprisonment in the custody or under the control of the Department of
Defense.
(b) Exception.--The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section, the
term ``individual detained at Guantanamo'' means any individual located
at United States Naval Station, Guantanamo Bay, Cuba, as of October 1,
2009, who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 323. PROHIBITION ON USE OF FUNDS TO TRANSFER OR RELEASE
INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO COMBAT ZONES.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available to an element of the intelligence community
may be used during the period beginning on the date of the enactment of
this Act and ending on December 31, 2016, to transfer, release, or
assist in the transfer or release of any individual detained in the
custody or under the control of the Department of Defense at United
States Naval Station, Guantanamo Bay, Cuba, to a combat zone.
(b) Combat Zone Defined.--In this section, the term ``combat zone''
means any area designated as a combat zone for purposes of section 112
of the Internal Revenue Code of 1986 for which the income of a member
of the Armed Forces was excluded during 2014, 2015, or 2016 by reason
of the member's service on active duty in such area.
Subtitle C--Reports
SEC. 331. REPORTS TO CONGRESS ON INDIVIDUALS FORMERLY DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Additional Matters for Inclusion in Reports.--Subsection (c) of
section 319 of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1874; 10 U.S.C. 801 note) is amended by adding after
paragraph (5) the following new paragraphs:
``(6) A summary of all contact by any means of communication,
including telecommunications, electronic or technical means, in
person, written communications, or any other means of
communication, regardless of content, between any individual
formerly detained at Naval Station, Guantanamo Bay, Cuba, and
any individual known or suspected to be associated with a
foreign terrorist group.
``(7) A description of whether any of the contact described
in the summary required by paragraph (6) included any
information or discussion about hostilities against the United
States or its allies or partners.
``(8) For each individual described in paragraph (4), the
period of time between the date on which the individual was
released or transferred from Naval Station, Guantanamo Bay,
Cuba, and the date on which it is confirmed that the individual
is suspected or confirmed of reengaging in terrorist
activities.
``(9) The average period of time described in paragraph (8)
for all the individuals described in paragraph (4).''.
(b) Form.--Subsection (a) of such section is amended by adding at the
end the following: ``The reports may be submitted in classified
form.''.
(c) Rule of Construction.--Nothing in this section or the amendments
made by this section shall be construed to terminate, alter, modify,
override, or otherwise affect any reporting of information required
under section 319(c) of the Supplemental Appropriations Act, 2009
(Public Law 111-32; 123 Stat. 1874; 10 U.S.C. 801 note), as in effect
immediately before the enactment of this section.
SEC. 332. REPORTS ON FOREIGN FIGHTERS.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter, the Director of
National Intelligence shall submit to the congressional intelligence
committees a report on foreign fighter flows to and from Syria and to
and from Iraq. The Director shall define the term ``foreign fighter''
in such reports.
(b) Matters To Be Included.--Each report submitted under subsection
(a) shall include each of the following:
(1) The total number of foreign fighters who have traveled to
Syria or Iraq since January 1, 2011, the total number of
foreign fighters in Syria or Iraq as of the date of the
submittal of the report, the total number of foreign fighters
whose countries of origin have a visa waiver program described
in section 217 of the Immigration and Nationality Act (8 U.S.C.
1187), the total number of foreign fighters who have left Syria
or Iraq, the total number of female foreign fighters, and the
total number of deceased foreign fighters.
(2) The total number of United States persons who have
traveled or attempted to travel to Syria or Iraq since January
1, 2011, the total number of such persons who have arrived in
Syria or Iraq since such date, and the total number of such
persons who have returned to the United States from Syria or
Iraq since such date.
(3) The total number of foreign fighters in Terrorist
Identities Datamart Environment and the status of each such
foreign fighter in that database, the number of such foreign
fighters who are on a watchlist, and the number of such foreign
fighters who are not on a watchlist.
(4) The total number of foreign fighters who have been
processed with biometrics, including face images, fingerprints,
and iris scans.
(5) Any programmatic updates to the foreign fighter report
since the last report was issued, including updated analysis on
foreign country cooperation, as well as actions taken, such as
denying or revoking visas.
(6) A worldwide graphic that describes foreign fighters flows
to and from Syria, with points of origin by country.
(c) Form.--The reports submitted under subsection (a) may be
submitted in classified form.
(d) Termination.--The requirement to submit reports under subsection
(a) shall terminate on the date that is three years after the date of
the enactment of this Act.
SEC. 333. REPORTS ON PRISONER POPULATION AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 30 days thereafter, the Director of
the Defense Intelligence Agency, in coordination with the Director of
National Intelligence, shall submit to the Members of Congress
specified in subsection (b) a report on the prisoner population at the
detention facility at United States Naval Station, Guantanamo Bay,
Cuba.
(b) Specified Members and Committees of Congress.--The Members of
Congress specified in this subsection are the following:
(1) The majority leader and minority leader of the Senate.
(2) The Chairman and Ranking Member of the Committee on Armed
Services of the Senate.
(3) The Chairman and Vice Chairman of the Select Committee on
Intelligence of the Senate.
(4) The Chairman and Vice Chairman of the Committee on
Appropriations of the Senate.
(5) The Speaker of the House of Representatives.
(6) The minority leader of the House of Representatives.
(7) The Chairman and Ranking Member of the Committee on Armed
Services of the House of Representatives.
(8) The Chairman and Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives.
(9) The Chairman and Ranking Member of the Committee on
Appropriations of the House of Representatives.
(c) Matters To Be Included.--Each report submitted under subsection
(a) shall include each of the following:
(1) The name and country of origin of each prisoner detained
at the detention facility at United States Naval Station
Guantanamo Bay, Cuba, as of the date of such report.
(2) A current summary of the evidence, intelligence, and
information used to justify the detention of each prisoner
listed under paragraph (1) at United States Naval Station,
Guantanamo Bay, Cuba.
(3) A current accounting of all the measures taken to
transfer each prisoner listed under paragraph (1) to the
individual's country of citizenship or another country.
(4) A current description of the number of individuals
released or transferred from detention at United States Naval
Station, Guantanamo Bay, Cuba, who are confirmed or suspected
of returning to terrorist activities after such release or
transfer.
(5) An assessment of any efforts by foreign terrorist
organizations to recruit individuals released from detention at
United States Naval Station, Guantanamo Bay, Cuba.
(6) A summary of all contact by any means of communication,
including telecommunications, electronic or technical means, in
person, written communications, or any other means of
communication, regardless of content, between any individual
formerly detained at United States Naval Station, Guantanamo
Bay, Cuba, and any individual known or suspected to be
associated with a foreign terrorist group.
(7) A description of whether any of the contact described in
the summary required by paragraph (6) included any information
or discussion about hostilities against the United States or
its allies or partners.
(8) For each individual described in paragraph (4), the
period of time between the date on which the individual was
released or transferred from United States Naval Station,
Guantanamo Bay, Cuba, and the date on which it is confirmed
that the individual is suspected or confirmed of reengaging in
terrorist activities.
(9) The average period of time described in paragraph (8) for
all the individuals described in paragraph (4).
SEC. 334. REPORT ON USE OF CERTAIN BUSINESS CONCERNS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence communities a report on the
representation, as of the date of the report, of covered business
concerns among the contractors that are awarded contracts by elements
of the intelligence community for goods, equipment, tools, and
services.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) The representation of covered business concerns as
described in subsection (a), including such representation by--
(A) each type of covered business concern; and
(B) each element of the intelligence community.
(2) If, as of the date of the enactment of this Act, the
Director does not record and monitor the statistics required to
carry out this section, a description of the actions taken by
the Director to ensure that such statistics are recorded and
monitored beginning in fiscal year 2016.
(3) The actions the Director plans to take during fiscal year
2016 to enhance the awarding of contracts to covered business
concerns by elements of the intelligence community.
(c) Covered Business Concerns Defined.--In this section, the term
``covered business concerns'' means the following:
(1) Minority-owned businesses.
(2) Women-owned businesses.
(3) Small disadvantaged businesses.
(4) Service-disabled veteran-owned businesses.
(5) Veteran-owned small businesses.
SEC. 335. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Quadrennial Audit of Positions Requiring Security Clearances.--
Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is
amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(b) Reports on Role of Analysts at FBI and FBI Information Sharing.--
Section 2001(g) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458; 118 Stat. 3700; 28 U.S.C. 532 note) is
amended by striking paragraphs (3) and (4).
(c) Report on Outside Employment by Officers and Employees of
Intelligence Community.--
(1) In general.--Section 102A(u) of the National Security Act
of 1947 (50 U.S.C. 3024) is amended--
(A) by striking ``(1) The Director'' and inserting
``The Director''; and
(B) by striking paragraph (2).
(2) Conforming amendment.--Subsection (a) of section 507 of
such Act (50 U.S.C. 3106(a)) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraph (6) as paragraph (5).
(3) Technical amendment.--Subsection (c)(1) of such section
507 is amended by striking ``subsection (a)(1)'' and inserting
``subsection (a)''.
(d) Reports on Nuclear Aspirations of Non-state Entities.--Section
1055 of the National Defense Authorization Act for Fiscal Year 2010 (50
U.S.C. 2371) is repealed.
(e) Reports on Espionage by People's Republic of China.--Section 3151
of the National Defense Authorization Act for Fiscal Year 2000 (42
U.S.C. 7383e) is repealed.
(f) Reports on Security Vulnerabilities of National Laboratory
Computers.--Section 4508 of the Atomic Energy Defense Act (50 U.S.C.
2659) is repealed.
Purpose
The purpose of H.R. 2596 is to authorize the intelligence
and intelligence-related activities of the United States
Government for Fiscal Year 2016. These activities enhance the
national security of the United States, support and assist the
armed forces of the United States, and support the President in
the execution of the foreign policy of the United States.
Classified Annexes and Committee Intent
The classified annexes to this report include the
classified schedules of authorizations and their associated
explanatory language. The Committee views the classified
annexes as integral parts of this legislation. The classified
annexes contain thorough discussions of the issues considered
by the Committee underlying the funding authorizations found in
the classified schedules of authorizations. The Committee
expects that all intelligence programs discussed in the
classified annexes to this report will follow the guidance and
limitations set forth as associated language therein. The
classified schedules of authorizations are incorporated
directly into this legislation by virtue of section 102 of the
bill. The classified annexes are available for review by all
Members of the House of Representatives, subject to the
requirements of clause 13 of rule XXIII of the Rules of the
House of Representatives and rule 14 of the Rules of Procedure
for the House Permanent Select Committee on Intelligence.
Scope of Committee Review
The bill authorizes U.S. intelligence and intelligence-
related activities within the jurisdiction of the Committee,
including the National Intelligence Program (NIP) and the
Military Intelligence Program (MIP). The NIP consists of all
activities of the Office of the Director of National
Intelligence, as well as those intelligence, intelligence-
related, and counterintelligence activities conducted by: the
Central Intelligence Agency; the Department of Defense; the
Defense Intelligence Agency; the National Security Agency; the
National Reconnaissance Office; the National Geospatial-
Intelligence Agency; the Departments of the Army, Navy, and Air
Force; the Department of State; the Department of the Treasury;
the Department of Energy; the Department of Justice; the
Federal Bureau of Investigation; the U.S. Coast Guard; the
Department of Homeland Security; and the Drug Enforcement
Administration. The Committee has exclusive legislative,
authorizing, and oversight jurisdiction of these programs.
Committee Statement and Views
The Fiscal Year 2016 intelligence authorization bill funds
all U.S. intelligence activities, spanning 16 separate
agencies. It provides authorization for critical national
security functions, including: fighting terrorism and
countering the proliferation of weapons of mass destruction;
funding efforts to recover from unauthorized disclosures of
intelligence capabilities; sustaining activities in Afghanistan
and Iraq; investing in the resiliency of our national security
space architecture; providing policy direction on sensitive
intelligence operations; promoting intelligence integration
through investment in Intelligence Community-wide information
technology enterprises; augmenting military-related
intelligence, surveillance, and reconnaissance capabilities;
and funding initiatives to prevent cyber attacks and detect
insider threats.
This bill sustains today's intelligence capabilities and
provides for future capabilities while staying within the
funding constraints of the Budget Control Act (BCA). For Fiscal
Year 2016, the bill authorizes funding that is slightly below
the President's budget request level. Its funding levels are in
line with the levels appropriated by the appropriations act for
the National Intelligence Program and with the National Defense
Authorization Act for the Military Intelligence Program.
However, the Committee remains concerned that sustained fiscal
pressure on the Intelligence Community will exacerbate existing
gaps in global coverage for Fiscal Year 2017 and beyond.
The Overseas Contingency Operations (OCO) function provides
some relief from the BCA limits, in part because the Committee
has included certain funding requirements--consistent with H.R.
1735, the House-passed National Defense Authorization Act, and
H.R. 2685, the committee-passed Defense Appropriations Act--in
the OCO function that would normally be considered part of base
spending. Given the size of the federal debt, the Committee
does not take that action lightly. Rather, it funds these
requirements through the OCO accounts to avoid serious damage
to national security.
As most of the intelligence budget involves highly
classified programs, the bulk of this Committee's
recommendations each year are found in the classified annexes
to the bill. Among other initiatives, the bill increases
funding to enhance resiliency and survivability of our space
architecture, address insider threats, improve personnel
security programs, and encourage Intelligence Community efforts
to improve financial management. The classified annexes also
provide funds to encourage the Intelligence Community to
continue efforts to improve financial management.
The legislative provisions are comprised of changes to
statute that better enable the Community to conduct its
important mission and to strengthen oversight mechanisms where
needed.
Strengthening oversight mechanisms
The Committee continues to strengthen mechanisms that help
Congress enhance its oversight over elements of the
Intelligence Community. In particular, notification
requirements serve as a valuable tool to keep the Committee
fully and currently informed of intelligence and intelligence-
related activities worldwide. Sections 303 and 304 of the bill
ensure that specific elements of the executive branch provide
timely notification requirements on certain intelligence
activities.
Even so, the Committee seeks to improve its visibility into
the classification process and better understand how the
Intelligence Community determines the classification level of
especially sensitive reporting and analysis.
Therefore, the Committee directs the Director of National
Intelligence to provide, within 60 days of the enactment of
this Act, a report to the congressional intelligence
committees. The report shall outline each instance in the past
five years that the Office of the Director for National
Intelligence--or any other entity within the executive branch--
directed an element of the Intelligence Community to begin
disseminating existing uncompartmented intelligence reporting
or analysis through a compartment or subcompartment.
The Committee further directs the Director of National
Intelligence to issue a policy memorandum for each future
instance when an element of the Intelligence Community receives
direction to begin disseminating existing uncompartmented
intelligence reporting or analysis through a compartment or
subcompartment. The memorandum shall include: the intelligence
topic and compartment or subcompartment name; the rationale for
reporting the information through a compartment or
subcompartment; the identity of the agency that issued the
direction; the identity of the Intelligence Community element
that received the direction; the time frame under which the
Intelligence Community element must report the information
through compartment or subcompartment; and a plan to
disseminate the policy memorandum to relevant executive branch
entities. The Director of National Intelligence shall provide
the congressional intelligence committees with a copy of each
policy memorandum within 72 hours of its dissemination within
the executive branch.
Space resiliency
One key component of enabling resiliency for space systems
is maintaining assured access to space through multiple
reliable, competitive launch service providers. While there has
been initial progress in introducing competition for National
Reconnaissance Office and national security space launches, the
Committee remains concerned about the future of assured access
to space. In particular, the Committee understands that
currently, only Atlas V and more expensive heavy-class vehicles
have the performance to launch certain payloads.
In the National Defense Authorization Act for Fiscal Year
2015, Congress mandated the development, by 2019, of a next-
generation rocket propulsion system that enables the effective,
efficient, and expedient transition from the use of non-allied
space launch engines to a domestic alternative. The Committee
views assured access to space as a national security
imperative. The Committee therefore recommends continued
efforts to ensure competition between multiple launch service
providers and expedited development, as soon as feasible, of a
rocket propulsion system to meet National Reconnaissance Office
and national security requirements.
Intelligence activities at RAF Croughton
Section 2310 of H.R. 1735, the House-passed National
Defense Authorization Act, states that no funds may be expended
for the construction of the Joint Intelligence Analysis Complex
Consolidation, Phase 2, at Royal Air Force (RAF) Croughton,
United Kingdom, until the Secretary of the Air Force, in
coordination with the Director of the Defense Intelligence
Agency (DIA), provides a report to the congressional defense
committees.
That section also prohibits any actions to realign forces
at Lajes Air Force Base, Azores, until the Secretary of Defense
has determined, based on United States operational
requirements, that Lajes Air Force Base is not an optimal
location for either the Joint Intelligence Analysis Complex or
for critical communications or intelligence capabilities.
Furthermore, Section 8111 of H.R. 2685, the Defense
Appropriations Act for Fiscal Year 2016, contains the same
prohibition.
The Committee supports the limitations specified in Section
2310 of H.R. 1735 and Section 8111 of H.R. 2685.
In addition, the Committee directs the Under Secretary of
Defense for Intelligence and the Director of the DIA to jointly
provide a report to the congressional intelligence and defense
committees that details the criteria under which RAF Croughton
was selected as the site for the Joint Intelligence Analysis
Complex, including the estimated cost for the construction of
the complex, the estimated cost of infrastructure improvements
in the surrounding area, counterintelligence considerations,
and the cost of locality pay and Living Quarters Allowances for
personnel assigned to Croughton. The report should also explain
what, if any, alternative sites were considered for the Joint
Intelligence Analysis Complex and the costs associated with
those sites.
Therefore, the Committee directs that no funds may be
obligated or expended to realign any intelligence activities to
RAF Croughton, including for the construction of the Joint
Intelligence Analysis Complex Consolidation, Phase 2, until the
Committee receives the report and determination required by
Section 2310 of H.R. 1735 and Section 8111 of H.R. 2685, and
the report described in this section.
Declassification of bin Laden documents
In May 2015, the Office of the Director for National
Intelligence began to implement Section 313 of the Fiscal Year
2014 Intelligence Authorization Act by declassifying 86
intelligence reports the Intelligence Community generated based
on materials collected in Abbottabad, Pakistan, during the
mission that killed Usama Bin Laden. The Committee continues to
support fulsome access for citizens, academics, journalists,
and historians to the documents so long as declassification
does not negatively impact current intelligence operations,
sources, methods, potential Federal Bureau of Investigation
investigations, judicial proceedings, or other national
security interests. Despite several briefings on the topic, the
Committee still lacks sufficient understanding of what
materials were collected in the May 1, 2011 raid.
Therefore, the Committee directs the Central Intelligence
Agency, within 60 days of the enactment of this Act, to provide
the congressional intelligence committees with all intelligence
reports based on the documents collected in the May 1, 2011
raid that killed Usama Bin Laden.
Open source information
Terrorist groups like al-Qa'ida, Boko Haram, Al Shabaab,
and the Islamic State of Iraq and the Levant (ISIL)
successfully use the Internet to recruit, train, and fundraise.
Through popular public websites, such as video sharing and
social networking sites, the groups spread violent ideology and
misleading information, diminishing the value of U.S.
Government efforts to counter extremist content online.
The Committee believes that the U.S. Government as a whole,
and in particular the Intelligence Community, must improve its
efforts to understand the full scope of terrorist groups'
messaging campaigns and communications methods online. These
efforts should not be confined solely to intelligence analysts;
operational personnel, including intelligence and defense
officials, must be aware of how terrorist groups make use of
open source messaging.
Therefore, the Committee directs the Director of National
Intelligence and the Under Secretary of Defense for
Intelligence to jointly brief the congressional intelligence
committees within 180 days of the enactment of this Act on a
plan for improving the use of open source information
throughout the Intelligence Community and the Department of
Defense (DoD), including the U.S. Special Operations Command.
The plan should include: (1) ways to expand research and
development in the use of publicly available information in
relevant Intelligence Community and DoD elements, including any
commercially available tools and solutions; (2) a strategy for
how the Intelligence Community and the DoD can more effectively
work with private industry and non-governmental organizations
to gather, store, and analyze publicly available information;
and (3) a description of training and guidance available to
Intelligence Community and DoD personnel, including non-
analytic personnel, with respect to the use and analysis of
publicly available information.
Committee Consideration and Roll Call Votes
On June 4, 2015, the Committee met in open and closed
session and ordered the bill H.R. 2596 favorably reported, as
amended.
OPEN SESSION
In open session, the Committee considered the text of the
bill H.R. 2596. Chairman Nunes offered a manager's amendment to
H.R. 2596. The contents of the manager's amendment are
described in the Section-by-Section analysis and the
Explanation of Amendment. In particular, the amendment
incorporated a provision from Mr. Swalwell to allow national
laboratories to compete for homeland security grants and a
provision from Ms. Sewell to evaluate the representation of
minority-owned, women-owned, veteran-owned businesses and small
businesses among Intelligence Community contractors. The
Committee adopted the amendment by a voice vote.
Ranking Member Schiff offered an amendment that would
strike the Guantanamo Bay-related sections of the bill. The
Committee rejected the amendment by a voice vote.
Mr. Himes offered an amendment that would modify the
section of the bill that clarified the Privacy and Civil
Liberties Oversight Board's jurisdiction into covert action.
The Committee rejected the amendment by a voice vote.
Mr. Swalwell offered an amendment that would extend federal
loan forgiveness programs to individuals employed by a
contractor chosen to manage and operate a National Laboratory.
The Committee rejected the amendment by a voice vote.
CLOSED SESSION
Chairman Nunes moved to close the meeting for consideration
of the classified schedule of authorizations because national
security would be endangered if the matters to be considered
were disclosed. The motion was agreed to by a record vote of 17
ayes to 0 noes:
Voting aye: Mr. Nunes (chairman), Mr. Miller, Mr.
Conaway, Mr. LoBiondo, Mr. Rooney, Mr. Heck, Mr.
Pompeo, Mr. Turner, Mr. Wenstrup, Mr. Schiff, Mr.
Gutierrez, Mr. Himes, Mr. Carson, Ms. Speier, Mr.
Quigley, Mr. Swalwell, and Mr. Murphy.
Voting no: None.
The Committee considered the classified Fiscal Year 2016
schedule of authorizations, which it adopted by a voice vote.
OPEN SESSION
By unanimous consent, the Committee returned to open
session.
The Committee then adopted a motion by the Chairman to
favorably report the bill H.R. 2596 to the House, as amended,
including by reference the classified schedules of
authorizations, as amended. The motion was agreed to by a voice
vote.
Section-by-Section Analysis and Explanation of Amendment
Section 1--Short Title, Table of Contents
Section 1 lists the title and the table of contents of the
Intelligence Authorization Act for Fiscal Year 2016.
Section 2--Definitions
Section 2 defines the terms ``congressional intelligence
committees'' and the ``Intelligence Community'' that will be
used in the Intelligence Authorization Act for Fiscal Year
2016.
Section 3--Budgetary effects
Section 3 states that the budgetary effects of the Act
shall be determined by reference to the latest statement
entitled ``Budgetary Effects of PAYGO Legislation,'' submitted
for printing in the Congressional Record by the Chairman of the
Budget Committee of the House of Representatives.
TITLE I--INTELLIGENCE ACTIVITIES
Section 101--Authorization of appropriations
Section 101 lists the United States Government departments,
agencies, and other elements for which the Act authorizes
appropriations for intelligence and intelligence-related
activities for Fiscal Year 2016.
Section 102--Classified schedule of authorizations
Section 102 provides that the details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities and the applicable personnel
levels by program for Fiscal Year 2016 are contained in the
classified Schedule of Authorizations and that the classified
Schedule of Authorizations shall be made available to the
Committees on Appropriations of the Senate and House of
Representatives and to the President.
Section 103--Personnel ceiling adjustments
Section 103 provides that the Director of National
Intelligence may authorize employment of civilian personnel in
Fiscal Year 2016 in excess of the number of authorized
positions by an amount not exceeding three percent of the total
limit applicable to each Intelligence Community element under
Section 102. The Director of National Intelligence may do so
only if necessary to the performance of important intelligence
functions.
Section 104--Intelligence Community Management Account
Section 104 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the Director of National
Intelligence and sets the authorized personnel levels for the
elements within the ICMA for Fiscal Year 2016.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Section 201--Authorization of appropriations
Section 201 authorizes appropriations in the amount of
$514,000,000 for Fiscal Year 2016 for the Central Intelligence
Agency Retirement and Disability Fund.
TITLE III--GENERAL PROVISIONS
SUBTITLE A--GENERAL MATTERS
Section 301--Increase in employee compensation and benefits authorized
by law
Section 301 provides that funds authorized to be
appropriated by the Act for salary, pay, retirement, and other
benefits for federal employees may be increased by such
additional or supplemental amounts as may be necessary for
increases in compensation or benefits authorized by law.
Section 302--Restriction on conduct of intelligence activities
Section 302 provides that the authorization of
appropriations by the Act shall not be deemed to constitute
authority for the conduct of any intelligence activity that is
not otherwise authorized by the Constitution or laws of the
United States.
Section 303--Notification of new special access programs
Section 303 requires notification to the congressional
intelligence and defense committees before the Director of
National Intelligence or the Secretary of Defense initiates
certain new special access programs. Section 303 also waives
the notification requirement in emergency situations, but
requires the Director of National Intelligence or the Secretary
of Defense, as appropriate, to provide written notice of the
waiver and a justification for the waiver.
Section 304--Notification of transfers of funds for certain
intelligence activities
Section 304 requires notification to the congressional
intelligence committees before transferring funds from the
Joint Improvised Explosive Device Defeat Fund or the
Counterterrorism Partnerships Fund to be used for intelligence
activities.
Section 305--Designation of lead intelligence officer for tunnels
Section 305 requires the Director of National Intelligence
to designate an official to manage the collection and analysis
of intelligence regarding the tactical use of tunnels by State
and non-State actors.
Section 306--Clarification of authority of Privacy and Civil Liberties
Oversight Board
Section 306 amends the Intelligence Reform and Terrorism
Prevention Act of 2004 to clarify that nothing in the statute
authorizing the Privacy and Civil Liberties Oversight Board
should be construed to allow that Board to gain access to
information the executive branch deems to be related to covert
action.
Section 307--Reporting process for tracking country clearance requests
Section 307 requires the Director of National Intelligence
to establish a formal reporting process for tracking requests
for country clearance submitted to overseas Director of
National Intelligence representatives. Section 307 also
requires the Director of National Intelligence to brief the
congressional intelligence committees on its progress.
Section 308--Prohibition on sharing information in response to foreign
government inquiries
Section 308 prohibits any element of the intelligence
community from sharing any non-public information related to
intelligence activities carried out by the United States in
response to a legislative or judicial inquiry from a foreign
government into the intelligence activities of the United
States, except for routine intelligence activities with foreign
partners.
Section 309--National Cyber Threat Intelligence Integration Center
Section 309 amends Title I of the National Security Act of
1947 by inserting a new Section 119B. That new section
establishes the Cyber Threat Intelligence Integration Center
(CTIIC) within the Office of the Director of National
Intelligence. Section 119B also lays out the missions of the
CTIIC and imposes certain limitations regarding the center's
personnel and location.
Section 310--Intelligence community business system transformation
Section 310 amends section 506D of the National Security
Act of 1947 to transfer the statutory responsibilities of the
now-dissolved Office of Business Transformation to the Chief
Information Officer of the Intelligence Community. It also
clarifies that business system transformation projects
certified by the Chief Information Officer of the Intelligence
Community are deemed to be in compliance with section 2222 of
title 10, United States Code, which would otherwise require
these transformation efforts to be certified twice.
Section 311--Inclusion of Inspector General of Intelligence Community
in Council of Inspectors General on Integrity and Efficiency
Section 311 amends Section 11(b)(1)(B) of the Inspector
General Act of 1978 to reflect the correct name of the Office
of the Inspector General of the Intelligence Community. The
section also clarifies that the Inspector General of the
Intelligence Community is a member of the Council of the
Inspectors General on Integrity and Efficiency.
Section 312--Authorities of the Inspector General for the Central
Intelligence Agency
Section 312 amends Section 17 of the Central Intelligence
Agency Act of 1949 to consolidate the Inspector General's
personnel authorities and to provide the Inspector General with
the same authorities as other Inspector Generals to request
assistance and information from federal, state, and local
agencies or units thereof.
Section 313--Provision of information and assistance to Inspector
General of the Intelligence Community
Section 313 amends the National Security Act of 1947 to
clarify the Inspector General of the Intelligence Community's
authority to seek information and assistance from federal,
state, and local agencies or units thereof.
Section 314--Clarification relating to information access by
Comptroller General
Section 313 clarifies that the directive issued by the
Director of National Intelligence related to access by the
Comptroller General to Intelligence Community information shall
not prohibit the Comptroller General from obtaining information
necessary to carry out an audit or review at the request of the
congressional intelligence and defense committees.
Section 315--Expanding access to homeland security grant funds
Section 315 amends Section 2008(a) of the Homeland Security
Act of 2002 to clarify that the Department of Energy's national
laboratories may seek access to homeland security grant funds.
Section 316--Technical amendments relating to pay
Section 314 amends 5 U.S. C. 5102(a)(1) to expressly
exclude the Office of the Director of National Intelligence
(ODNI) from the provisions of chapter 51 of title 5, relating
to position classification, pay, and allowances for General
Schedule employees, which does not apply to ODNI by virtue of
the National Security Act. This proposal would have no
substantive effect.
SUBTITLE B--MATTERS RELATING TO GUANTANAMO BAY
Section 321--Prohibition on use of funds for transfer or release of
individual detained at Guantanamo Bay
Section 321 states that no amounts authorized to be
appropriated or otherwise made available to an element of the
Intelligence Community may be used to transfer or release
individuals detained at Guantanamo Bay.
Section 322--Prohibition on use of funds to construct or modify
facilities in the United States to house detainees transferred
from Guantanamo Bay
Section 322 states that no amounts authorized to be
appropriated or otherwise made available to an element of the
Intelligence Community may be used to construct or modify
facilities in the United States to house detainees transferred
from Guantanamo Bay.
Section 323--Prohibition on use of funds to transfer or release
individual detained at Guantanamo Bay to combat zones
Section 323 states that no amounts authorized to be
appropriated or otherwise made available to an element of the
Intelligence Community may be used to transfer or release an
individual detained at Guantanamo Bay to a combat zone. Section
323 defines combat zones for purposes of the Internal Revenue
Service for which the income of a member of the Armed Forces
was excluded during 2014, 2015, or 2016 by reason of a member's
service on active duty in such area.
SUBTITLE C--REPORTS
Section 331--Reports to Congress on individuals detained at Guantanamo
Bay
Section 331 amends section 319 of the Supplemental
Appropriations Act of 2009 to request additional information on
the activities of released detainees. In particular, Section
331 requires a summary of all contact by any means of
communication between any individual formerly detained at
Guantanamo Bay and any individual known or suspected to be
associated with a foreign terrorist group, a description of any
of the contact described above, and the period of time between
the date of release and transfer and the date of suspected or
confirmed reengagement.
Section 332--Reports on foreign fighters
Section 332 requires the Director of National Intelligence
to submit a report every 60 days for the three years following
the enactment of this Act to the congressional intelligence
committees on foreign fighter flows to and from Syria and Iraq.
Section 332 requires information on the total number of foreign
fighters who have traveled to Syria or Iraq, the total number
of United States persons who have traveled or attempted to
travel to Syria or Iraq, the total number of foreign fighters
in Terrorist Identities Datamart Environment, the total number
of foreign fighters who have been processed with biometrics,
any programmatic updates to the foreign fighter report, and a
worldwide graphic that describes foreign fighter flows to and
from Syria.
Section 333--Reports on prison population at Guantanamo Bay
Section 333 requires the Director of the Defense
Intelligence Agency to submit a report to specific Members of
Congress on the prisoner population at Guantanamo Bay. Section
333 requires the name and country of origin of each prisoner,
the current summary of evidence, intelligence, and information
used to justify detention, a current accounting of measures
taken to transfer each prisoner, a current description of the
number of individuals transferred or released who are confirmed
or suspected of returning to terrorist activities, an
assessment of any efforts by foreign terrorist organizations to
recruit individuals released from detention, a summary of all
contact by any means of communication between any individual
formerly detained at Guantanamo Bay and any individual known or
suspected to be associated with a foreign terrorist group, and
the period of time between the date of release and transfer and
the date of suspected or confirmed reengagement.
Section 334--Report on use of certain business concerns
Section 334 requires the Director of National Intelligence
to submit to the congressional intelligence committees a report
of covered business concerns--including minority-owned, women-
owned, small disadvantaged, service-enabled veteran-owned, and
veteran-owned small businesses--among contractors that are
awarded contracts by the intelligence community for goods,
equipment, tools and services.
Section 335--Repeal of certain reporting requirements
Section 335 repeals certain reporting requirements.
Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee held multiple
hearings on the classified budgetary issues raised by H.R.
2596. The bill, as reported by the Committee, reflects
conclusions reached by the Committee in light of this oversight
activity.
General Performance Goals and Objectives
The goals and objectives of H.R. 2596 are to authorize the
intelligence and intelligence-related activities of the United
States Government for Fiscal Year 2016. These activities
enhance the national security of the United States, support and
assist the armed forces of the United States, and support the
President in the execution of the foreign policy of the United
States.
The classified annexes that accompany this report reflect
in great detail the Committee's specific performance goals and
objectives at the programmatic level with respect to classified
programs.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. In compliance with this requirement, the Committee
has received a letter from the Congressional Budget Office
included herein.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 8, 2015.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2596, the
Intelligence Authorization Act for Fiscal Year 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is William Ma.
Sincerely,
Keith Hall, Director.
Enclosure.
H.R. 2596--Intelligence Authorization Act for Fiscal Year 2016
Summary: H.R. 2596 would authorize appropriations for
fiscal 2016 for intelligence activities of the U.S. government,
for the Intelligence Community Management Account (ICMA), and
for the Central Intelligence Agency Retirement and Disability
System (CIARDS).
CBO does not provide estimates for classified programs;
therefore, this estimate addresses only the unclassified
aspects of the bill. On that limited basis, CBO estimates that
implementing the unclassified provisions of the bill would cost
about $660 million over the 2016-2020 period, subject to
appropriation of the specified and estimated amounts. Enacting
H.R. 2596 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated costs to the Federal Government: The estimated
budgetary effects of H.R. 2596 are shown in the following
table. The costs of this legislation fall within budget
function 050 (national defense).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Intelligence Community Management Account:
Authorization Level............................ 502 0 0 0 0 502
Estimated Outlays.............................. 326 141 18 8 3 496
National Cyber Threat Intelligence Integration
Center:
Estimated Authorization Level.................. 35 36 37 38 39 185
Estimated Outlays.............................. 23 33 35 37 38 166
Total:
Estimated Authorization Level.............. 537 36 37 38 39 687
Estimated Outlays.......................... 349 174 53 45 41 662
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
2596 will be enacted near the beginning of fiscal year 2016,
that the specified and estimated amounts will be appropriated,
and that outlays will follow historical spending patterns for
existing or similar programs.
Intelligence Community Management Account
Section 104 would authorize an appropriation of nearly $502
million for fiscal year 2016 for the ICMA. That amount is about
one percent less than the amount appropriated for that account
for fiscal year 2015. The ICMA is the principal source of
funding for the Office of the Director of National Intelligence
(ODNI) and for managing the intelligence agencies. Assuming
appropriation of the specified amount, CBO estimates that
implementing section 104 would cost $496 million over the 2016-
2020 period.
National Cyber Threat Intelligence Integration Center
Section 309 would establish a National Cyber Threat
Intelligence Integration Center (CTIIC) that would be
responsible for analyzing, integrating, and disseminating
intelligence on cyber threats within the federal government. In
February of this year, based on authority in current law to
establish intelligence centers, the President announced his
intention to establish a CTIIC within the ODNI; however, the
process for establishing and creating that operational center
has not been completed. H.R. 2596 would require such a center
to have a maximum of 50 permanent positions. CBO estimates,
based on publicly available information regarding the planned
center, the personnel ceiling in HR. 2596, and budget data from
the Office of Management and Budget, that implementing this
provision would cost approximately $166 million over the 2016-
2020 period, assuming appropriation of the estimated amounts.
Central Intelligence Agency Retirement and Disability System
Section 201 would authorize the appropriation of $514
million for CIARDS for fiscal year 2016 to maintain the proper
funding level for operating that retirement and disability
system. Appropriations to CIARDS are treated as direct spending
in the budget. Because the amounts authorized to be
appropriated are the same as the amounts projected in CBO's
baseline, CBO does not ascribe any additional cost to this
provision.
Intergovernmental and private-sector impact: H.R. 2596
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Previous CBO estimate: On April 13, 2015, CBO transmitted a
cost estimate for H.R. 1560, the Protecting Cyber Networks Act,
as ordered reported by the House Permanent Select Committee on
Intelligence on March 26, 2015. Section 309 of H.R. 2596 is
similar to section 4 of H.R. 1560; both sections would
establish a CTIIC within the ODNI. CBO's estimated costs for
establishing a CTIIC are the same.
Estimate prepared by: Federal Costs: William Ma; Impact on
State, Local, and Tribal Governments: Jon Sperl; Impact on the
Private Sector: Paige Piper-Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Statement on Congressional Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee states that the bill as
reported contains no congressional earmarks, limited tax
benefits, or limited tariff benefits.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
* * * * * * *
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
* * * * * * *
Subtitle F--Privacy and Civil Liberties
SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) In General.--There is established as an independent
agency within the executive branch a Privacy and Civil
Liberties Oversight Board (referred to in this section as the
``Board'').
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) In conducting the war on terrorism, the
Government may need additional powers and may need to
enhance the use of its existing powers.
(2) This shift of power and authority to the
Government calls for an enhanced system of checks and
balances to protect the precious liberties that are
vital to our way of life and to ensure that the
Government uses its powers for the purposes for which
the powers were given.
(3) The National Commission on Terrorist Attacks Upon
the United States correctly concluded that ``The choice
between security and liberty is a false choice, as
nothing is more likely to endanger America's liberties
than the success of a terrorist attack at home. Our
history has shown us that insecurity threatens liberty.
Yet, if our liberties are curtailed, we lose the values
that we are struggling to defend.''.
(c) Purpose.--The Board shall--
(1) analyze and review actions the executive branch
takes to protect the Nation from terrorism, ensuring
that the need for such actions is balanced with the
need to protect privacy and civil liberties; and
(2) ensure that liberty concerns are appropriately
considered in the development and implementation of
laws, regulations, and policies related to efforts to
protect the Nation against terrorism.
(d) Functions.--
(1) Advice and counsel on policy development and
implementation.--The Board shall--
(A) review proposed legislation, regulations,
and policies related to efforts to protect the
Nation from terrorism, including the
development and adoption of information sharing
guidelines under subsections (d) and (f) of
section 1016;
(B) review the implementation of new and
existing legislation, regulations, and policies
related to efforts to protect the Nation from
terrorism, including the implementation of
information sharing guidelines under
subsections (d) and (f) of section 1016;
(C) advise the President and the departments,
agencies, and elements of the executive branch
to ensure that privacy and civil liberties are
appropriately considered in the development and
implementation of such legislation,
regulations, policies, and guidelines; and
(D) in providing advice on proposals to
retain or enhance a particular governmental
power, consider whether the department, agency,
or element of the executive branch has
established--
(i) that the need for the power is
balanced with the need to protect
privacy and civil liberties;
(ii) that there is adequate
supervision of the use by the executive
branch of the power to ensure
protection of privacy and civil
liberties; and
(iii) that there are adequate
guidelines and oversight to properly
confine its use.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and
procedures, and the implementation of the
regulations, policies, and procedures, of the
departments, agencies, and elements of the
executive branch relating to efforts to protect
the Nation from terrorism to ensure that
privacy and civil liberties are protected;
(B) the information sharing practices of the
departments, agencies, and elements of the
executive branch relating to efforts to protect
the Nation from terrorism to determine whether
they appropriately protect privacy and civil
liberties and adhere to the information sharing
guidelines issued or developed under
subsections (d) and (f) of section 1016 and to
other governing laws, regulations, and policies
regarding privacy and civil liberties; and
(C) other actions by the executive branch
relating to efforts to protect the Nation from
terrorism to determine whether such actions--
(i) appropriately protect privacy and
civil liberties; and
(ii) are consistent with governing
laws, regulations, and policies
regarding privacy and civil liberties.
(3) Relationship with privacy and civil liberties
officers.--The Board shall--
(A) receive and review reports and other
information from privacy officers and civil
liberties officers under section 1062;
(B) when appropriate, make recommendations to
such privacy officers and civil liberties
officers regarding their activities; and
(C) when appropriate, coordinate the
activities of such privacy officers and civil
liberties officers on relevant interagency
matters.
(4) Testimony.--The members of the Board shall appear
and testify before Congress upon request.
(e) Reports.--
(1) In general.--The Board shall--
(A) receive and review reports from privacy
officers and civil liberties officers under
section 1062; and
(B) periodically submit, not less than
semiannually, reports--
(i)(I) to the appropriate committees
of Congress, including the Committee on
the Judiciary of the Senate, the
Committee on the Judiciary of the House
of Representatives, the Committee on
Homeland Security and Governmental
Affairs of the Senate, the Committee on
Homeland Security of the House of
Representatives, the Committee on
Oversight and Government Reform of the
House of Representatives, the Select
Committee on Intelligence of the
Senate, and the Permanent Select
Committee on Intelligence of the House
of Representatives; and
(II) to the President; and
(ii) which shall be in unclassified
form to the greatest extent possible,
with a classified annex where
necessary.
(2) Contents.--Not less than 2 reports submitted each
year under paragraph (1)(B) shall include--
(A) a description of the major activities of
the Board during the preceding period;
(B) information on the findings, conclusions,
and recommendations of the Board resulting from
its advice and oversight functions under
subsection (d);
(C) the minority views on any findings,
conclusions, and recommendations of the Board
resulting from its advice and oversight
functions under subsection (d);
(D) each proposal reviewed by the Board under
subsection (d)(1) that--
(i) the Board advised against
implementation; and
(ii) notwithstanding such advice,
actions were taken to implement; and
(E) for the preceding period, any requests
submitted under subsection (g)(1)(D) for the
issuance of subpoenas that were modified or
denied by the Attorney General.
(f) Informing the Public.--The Board shall--
(1) make its reports, including its reports to
Congress, available to the public to the greatest
extent that is consistent with the protection of
classified information and applicable law; and
(2) hold public hearings and otherwise inform the
public of its activities, as appropriate and in a
manner consistent with the protection of classified
information and applicable law.
(g) Access to Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this
section, the Board is authorized to--
(A) have access from any department, agency,
or element of the executive branch, or any
Federal officer or employee of any such
department, agency, or element, to all relevant
records, reports, audits, reviews, documents,
papers, recommendations, or other relevant
material, including classified information
consistent with applicable law;
(B) interview, take statements from, or take
public testimony from personnel of any
department, agency, or element of the executive
branch, or any Federal officer or employee of
any such department, agency, or element;
(C) request information or assistance from
any State, tribal, or local government; and
(D) at the direction of a majority of the
members of the Board, submit a written request
to the Attorney General of the United States
that the Attorney General require, by subpoena,
persons (other than departments, agencies, and
elements of the executive branch) to produce
any relevant information, documents, reports,
answers, records, accounts, papers, and other
documentary or testimonial evidence.
(2) Review of subpoena request.--
(A) In general.--Not later than 30 days after
the date of receipt of a request by the Board
under paragraph (1)(D), the Attorney General
shall--
(i) issue the subpoena as requested;
or
(ii) provide the Board, in writing,
with an explanation of the grounds on
which the subpoena request has been
modified or denied.
(B) Notification.--If a subpoena request is
modified or denied under subparagraph (A)(ii),
the Attorney General shall, not later than 30
days after the date of that modification or
denial, notify the Committee on the Judiciary
of the Senate and the Committee on the
Judiciary of the House of Representatives.
(3) Enforcement of subpoena.--In the case of
contumacy or failure to obey a subpoena issued pursuant
to paragraph (1)(D), the United States district court
for the judicial district in which the subpoenaed
person resides, is served, or may be found may issue an
order requiring such person to produce the evidence
required by such subpoena.
(4) Agency cooperation.--Whenever information or
assistance requested under subparagraph (A) or (B) of
paragraph (1) is, in the judgment of the Board,
unreasonably refused or not provided, the Board shall
report the circumstances to the head of the department,
agency, or element concerned without delay. The head of
the department, agency, or element concerned shall
ensure that the Board is given access to the
information, assistance, material, or personnel the
Board determines to be necessary to carry out its
functions.
(5) Limitations.--Nothing in this section shall be
construed to authorize the Board, or any agent thereof,
to gain access to information that an executive branch
agency deems related to covert action, as such term is
defined in section 503(e) of the National Security Act
of 1947 (50 U.S.C. 3093(e)).
(h) Membership.--
(1) Members.--The Board shall be composed of a full-
time chairman and 4 additional members, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Qualifications.--Members of the Board shall be
selected solely on the basis of their professional
qualifications, achievements, public stature, expertise
in civil liberties and privacy, and relevant
experience, and without regard to political
affiliation, but in no event shall more than 3 members
of the Board be members of the same political party.
The President shall, before appointing an individual
who is not a member of the same political party as the
President, consult with the leadership of that party,
if any, in the Senate and House of Representatives.
(3) Incompatible office.--An individual appointed to
the Board may not, while serving on the Board, be an
elected official, officer, or employee of the Federal
Government, other than in the capacity as a member of
the Board.
(4) Term.--Each member of the Board shall serve a
term of 6 years, except that--
(A) a member appointed to a term of office
after the commencement of such term may serve
under such appointment only for the remainder
of such term; and
(B) upon the expiration of the term of office
of a member, the member shall continue to serve
until the member's successor has been appointed
and qualified, except that no member may serve
under this subparagraph--
(i) for more than 60 days when
Congress is in session unless a
nomination to fill the vacancy shall
have been submitted to the Senate; or
(ii) after the adjournment sine die
of the session of the Senate in which
such nomination is submitted.
(5) Quorum and meetings.--The Board shall meet upon
the call of the chairman or a majority of its members.
Three members of the Board shall constitute a quorum.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman.--The chairman of the Board
shall be compensated at the rate of pay payable
for a position at level III of the Executive
Schedule under section 5314 of title 5, United
States Code.
(B) Members.--Each member of the Board shall
be compensated at a rate of pay payable for a
position at level IV of the Executive Schedule
under section 5315 of title 5, United States
Code, for each day during which that member is
engaged in the actual performance of the duties
of the Board.
(2) Travel expenses.--Members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for persons employed
intermittently by the Government under section 5703(b)
of title 5, United States Code, while away from their
homes or regular places of business in the performance
of services for the Board.
(j) Staff.--
(1) Appointment and compensation.--The chairman of
the Board, in accordance with rules agreed upon by the
Board, shall appoint and fix the compensation of a
full-time executive director and such other personnel
as may be necessary to enable the Board to carry out
its functions, without regard to the provisions of
title 5, United States Code, governing appointments in
the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
(2) Detailees.--Any Federal employee may be detailed
to the Board without reimbursement from the Board, and
such detailee shall retain the rights, status, and
privileges of the detailee's regular employment without
interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and
consultants in accordance with section 3109 of title 5,
United States Code, at rates that do not exceed the
daily rate paid a person occupying a position at level
IV of the Executive Schedule under section 5315 of such
title.
(k) Security Clearances.--
(1) In general.--The appropriate departments,
agencies, and elements of the executive branch shall
cooperate with the Board to expeditiously provide the
Board members and staff with appropriate security
clearances to the extent possible under existing
procedures and requirements.
(2) Rules and procedures.--After consultation with
the Secretary of Defense, the Attorney General, and the
Director of National Intelligence, the Board shall
adopt rules and procedures of the Board for physical,
communications, computer, document, personnel, and
other security relating to carrying out the functions
of the Board.
(l) Treatment as Agency, Not as Advisory Committee.--The
Board--
(1) is an agency (as defined in section 551(1) of
title 5, United States Code); and
(2) is not an advisory committee (as defined in
section 3(2) of the Federal Advisory Committee Act (5
U.S.C. App.)).
(m) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section amounts as follows:
(1) For fiscal year 2008, $5,000,000.
(2) For fiscal year 2009, $6,650,000.
(3) For fiscal year 2010, $8,300,000.
(4) For fiscal year 2011, $10,000,000.
(5) For fiscal year 2012 and each subsequent fiscal
year, such sums as may be necessary.
* * * * * * *
TITLE II--FEDERAL BUREAU OF INVESTIGATION
SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon
the United States in its final report stated that,
under Director Robert Mueller, the Federal Bureau of
Investigation has made significant progress in
improving its intelligence capabilities.
(2) In the report, the members of the Commission also
urged that the Federal Bureau of Investigation fully
institutionalize the shift of the Bureau to a
preventive counterterrorism posture.
(b) Improvement of Intelligence Capabilities.--The Director
of the Federal Bureau of Investigation shall continue efforts
to improve the intelligence capabilities of the Federal Bureau
of Investigation and to develop and maintain within the Bureau
a national intelligence workforce.
(c) National Intelligence Workforce.--(1) In developing and
maintaining a national intelligence workforce under subsection
(b), the Director of the Federal Bureau of Investigation shall
develop and maintain a specialized and integrated national
intelligence workforce consisting of agents, analysts,
linguists, and surveillance specialists who are recruited,
trained, and rewarded in a manner which ensures the existence
within the Federal Bureau of Investigation of an institutional
culture with substantial expertise in, and commitment to, the
intelligence mission of the Bureau.
(2) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both
criminal justice matters and national intelligence matters.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent practicable,
be given the opportunity to undergo, during such agent's early
service with the Bureau, meaningful assignments in criminal
justice matters and in national intelligence matters.
(4) The Director shall--
(A) establish career positions in national
intelligence matters for agents, analysts, and related
personnel of the Bureau; and
(B) in furtherance of the requirement under
subparagraph (A) and to the maximum extent practicable,
afford agents, analysts, and related personnel of the
Bureau the opportunity to work in the career specialty
selected by such agents, analysts, and related
personnel over their entire career with the Bureau.
(5) The Director shall carry out a program to enhance the
capacity of the Bureau to recruit and retain individuals with
backgrounds in intelligence, international relations, language,
technology, and other skills relevant to the intelligence
mission of the Bureau.
(6) The Director shall, to the maximum extent practicable,
afford the analysts of the Bureau training and career
opportunities commensurate with the training and career
opportunities afforded analysts in other elements of the
intelligence community.
(7) Commencing as soon as practicable after the date of the
enactment of this Act, each direct supervisor of a Field
Intelligence Group, and each Bureau Operational Manager at the
Section Chief and Assistant Special Agent in Charge (ASAC)
level and above, shall be a certified intelligence officer.
(8) The Director shall, to the maximum extent practicable,
ensure that the successful discharge of advanced training
courses, and of one or more assignments to another element of
the intelligence community, is a precondition to advancement to
higher level intelligence assignments within the Bureau.
(d) Field Office Matters.--(1) In improving the intelligence
capabilities of the Federal Bureau of Investigation under
subsection (b), the Director of the Federal Bureau of
Investigation shall ensure that each Field Intelligence Group
reports directly to a field office senior manager responsible
for intelligence matters.
(2) The Director shall provide for such expansion of the
secure facilities in the field offices of the Bureau as is
necessary to ensure the discharge by the field offices of the
intelligence mission of the Bureau.
(3) The Director shall require that each Field Intelligence
Group manager ensures the integration of analysts, agents,
linguists, and surveillance personnel in the field.
(e) Discharge of Improvements.--(1) The Director of the
Federal Bureau of Investigation shall carry out subsections (b)
through (d) through the head of the Directorate of Intelligence
of the Federal Bureau of Investigation.
(2) The Director of the Federal Bureau of Investigation shall
carry out subsections (b) through (d) under the joint guidance
of the Attorney General and the Director of National
Intelligence in a manner consistent with applicable law.
(f) Budget Matters.--The Director of the Federal Bureau of
Investigation shall establish a budget structure of the Federal
Bureau of Investigation to reflect the four principal missions
of the Bureau as follows:
(1) Intelligence.
(2) Counterterrorism and counterintelligence.
(3) Criminal Enterprises/Federal Crimes.
(4) Criminal justice services.
(g) Reports.--(1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation shall submit to Congress a report on the
progress made as of the date of such report in carrying out the
requirements of this section.
(2) The Director shall include in each annual program review
of the Federal Bureau of Investigation that is submitted to
Congress a report on the progress made by each field office of
the Bureau during the period covered by such review in
addressing Bureau and national program priorities.
[(3) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shall
submit to Congress a report assessing the qualifications,
status, and roles of analysts at Bureau headquarters and in the
field offices of the Bureau.
[(4) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shall
submit to Congress a report on the progress of the Bureau in
implementing information-sharing principles.]
* * * * * * *
----------
NATIONAL SECURITY ACT OF 1947
short title
That this Act may be cited as the ``National Security Act of
1947''.
* * * * * * *
Title I--Coordination for National Security
* * * * * * *
[Sec. 119B. National intelligence centers.]
Sec. 119B. Cyber Threat Intelligence Integration Center.
Sec. 119C. National intelligence centers.
* * * * * * *
TITLE I--COORDINATION FOR NATIONAL SECURITY
* * * * * * *
responsibilities and authorities of the director of national
intelligence
Sec. 102A. (a) Provision of Intelligence.--(1) The Director
of National Intelligence shall be responsible for ensuring that
national intelligence is provided--
(A) to the President;
(B) to the heads of departments and agencies of the
executive branch;
(C) to the Chairman of the Joint Chiefs of Staff and
senior military commanders;
(D) to the Senate and House of Representatives and
the committees thereof; and
(E) to such other persons as the Director of National
Intelligence determines to be appropriate.
(2) Such national intelligence should be timely, objective,
independent of political considerations, and based upon all
sources available to the intelligence community and other
appropriate entities.
(b) Access to Intelligence.--Unless otherwise directed by the
President, the Director of National Intelligence shall have
access to all national intelligence and intelligence related to
the national security which is collected by any Federal
department, agency, or other entity, except as otherwise
provided by law or, as appropriate, under guidelines agreed
upon by the Attorney General and the Director of National
Intelligence.
(c) Budget Authorities.--(1) With respect to budget requests
and appropriations for the National Intelligence Program, the
Director of National Intelligence shall--
(A) based on intelligence priorities set by the
President, provide to the heads of departments
containing agencies or organizations within the
intelligence community, and to the heads of such
agencies and organizations, guidance for developing the
National Intelligence Program budget pertaining to such
agencies and organizations;
(B) based on budget proposals provided to the
Director of National Intelligence by the heads of
agencies and organizations within the intelligence
community and the heads of their respective departments
and, as appropriate, after obtaining the advice of the
Joint Intelligence Community Council, develop and
determine an annual consolidated National Intelligence
Program budget; and
(C) present such consolidated National Intelligence
Program budget, together with any comments from the
heads of departments containing agencies or
organizations within the intelligence community, to the
President for approval.
(2) In addition to the information provided under paragraph
(1)(B), the heads of agencies and organizations within the
intelligence community shall provide the Director of National
Intelligence such other information as the Director shall
request for the purpose of determining the annual consolidated
National Intelligence Program budget under that paragraph.
(3)(A) The Director of National Intelligence shall
participate in the development by the Secretary of Defense of
the annual budget for the Military Intelligence Program or any
successor program or programs.
(B) The Director of National Intelligence shall provide
guidance for the development of the annual budget for each
element of the intelligence community that is not within the
National Intelligence Program.
(4) The Director of National Intelligence shall ensure the
effective execution of the annual budget for intelligence and
intelligence-related activities.
(5)(A) The Director of National Intelligence shall be
responsible for managing appropriations for the National
Intelligence Program by directing the allotment or allocation
of such appropriations through the heads of the departments
containing agencies or organizations within the intelligence
community and the Director of the Central Intelligence Agency,
with prior notice (including the provision of appropriate
supporting information) to the head of the department
containing an agency or organization receiving any such
allocation or allotment or the Director of the Central
Intelligence Agency.
(B) Notwithstanding any other provision of law, pursuant to
relevant appropriations Acts for the National Intelligence
Program, the Director of the Office of Management and Budget
shall exercise the authority of the Director of the Office of
Management and Budget to apportion funds, at the exclusive
direction of the Director of National Intelligence, for
allocation to the elements of the intelligence community
through the relevant host executive departments and the Central
Intelligence Agency. Department comptrollers or appropriate
budget execution officers shall allot, allocate, reprogram, or
transfer funds appropriated for the National Intelligence
Program in an expeditious manner.
(C) The Director of National Intelligence shall monitor the
implementation and execution of the National Intelligence
Program by the heads of the elements of the intelligence
community that manage programs and activities that are part of
the National Intelligence Program, which may include audits and
evaluations.
(6) Apportionment and allotment of funds under this
subsection shall be subject to chapter 13 and section 1517 of
title 31, United States Code, and the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
(7)(A) The Director of National Intelligence shall provide a
semi-annual report, beginning April 1, 2005, and ending April
1, 2007, to the President and the Congress regarding
implementation of this section.
(B) The Director of National Intelligence shall report to the
President and the Congress not later than 15 days after
learning of any instance in which a departmental comptroller
acts in a manner inconsistent with the law (including permanent
statutes, authorization Acts, and appropriations Acts), or the
direction of the Director of National Intelligence, in carrying
out the National Intelligence Program.
(d) Role of Director of National Intelligence in Transfer and
Reprogramming of Funds.--(1)(A) No funds made available under
the National Intelligence Program may be transferred or
reprogrammed without the prior approval of the Director of
National Intelligence, except in accordance with procedures
prescribed by the Director of National Intelligence.
(B) The Secretary of Defense shall consult with the Director
of National Intelligence before transferring or reprogramming
funds made available under the Military Intelligence Program or
any successor program or programs.
(2) Subject to the succeeding provisions of this subsection,
the Director of National Intelligence may transfer or reprogram
funds appropriated for a program within the National
Intelligence 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.
(3) The Director of National Intelligence may only transfer
or reprogram funds referred to in paragraph (1)(A)--
(A) with the approval of the Director of the Office
of Management and Budget; and
(B) after consultation with the heads of departments
containing agencies or organizations within the
intelligence community to the extent such agencies or
organizations are affected, and, in the case of the
Central Intelligence Agency, after consultation with
the Director of the Central Intelligence Agency.
(4) The amounts available for transfer or reprogramming in
the National Intelligence Program in any given fiscal year, and
the terms and conditions governing such transfers and
reprogrammings, are subject to the provisions of annual
appropriations Acts and this subsection.
(5)(A) A transfer or reprogramming of funds may be made under
this subsection only if--
(i) the funds are being transferred to an activity
that is a higher priority intelligence activity;
(ii) the transfer or reprogramming supports an
emergent need, improves program effectiveness, or
increases efficiency;
(iii) the transfer or reprogramming does not involve
a transfer or reprogramming of funds to a Reserve for
Contingencies of the Director of National Intelligence
or the Reserve for Contingencies of the Central
Intelligence Agency;
(iv) the transfer or reprogramming results in a
cumulative transfer or reprogramming of funds out of
any department or agency, as appropriate, funded in the
National Intelligence Program in a single fiscal year--
(I) that is less than $150,000,000, and
(II) that is less than 5 percent of amounts
available to a department or agency under the
National Intelligence Program; and
(v) the transfer or reprogramming does not terminate
an acquisition program.
(B) A transfer or reprogramming may be made without regard to
a limitation set forth in clause (iv) or (v) of subparagraph
(A) if the transfer has the concurrence of the head of the
department involved or the Director of the Central Intelligence
Agency (in the case of the Central Intelligence Agency). The
authority to provide such concurrence may only be delegated by
the head of the department involved or the Director of the
Central Intelligence Agency (in the case of the Central
Intelligence Agency) to the deputy of such officer.
(6) Funds transferred or reprogrammed under this subsection
shall remain available for the same period as the
appropriations account to which transferred or reprogrammed.
(7) Any transfer or reprogramming of funds under this
subsection shall be carried out in accordance with existing
procedures applicable to reprogramming notifications for the
appropriate congressional committees. Any proposed transfer or
reprogramming for which notice is given to the appropriate
congressional committees shall be accompanied by a report
explaining the nature of the proposed transfer or reprogramming
and how it satisfies the requirements of this subsection. In
addition, the congressional intelligence committees shall be
promptly notified of any transfer or reprogramming of funds
made pursuant to this subsection in any case in which the
transfer or reprogramming would not have otherwise required
reprogramming notification under procedures in effect as of the
date of the enactment of this subsection.
(e) Transfer of Personnel.--(1)(A) In addition to any other
authorities available under law for such purposes, in the first
twelve months after establishment of a new national
intelligence center, the Director of National Intelligence,
with the approval of the Director of the Office of Management
and Budget and in consultation with the congressional
committees of jurisdiction referred to in subparagraph (B), may
transfer not more than 100 personnel authorized for elements of
the intelligence community to such center.
(B) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
(i) the congressional intelligence committees;
(ii) the Committees on Appropriations of the Senate
and the House of Representatives;
(iii) in the case of the transfer of personnel to or
from the Department of Defense, the Committees on Armed
Services of the Senate and the House of
Representatives; and
(iv) in the case of the transfer of personnel to or
from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
(C) The Director shall include in any notice under
subparagraph (B) an explanation of the nature of the transfer
and how it satisfies the requirements of this subsection.
(2)(A) The Director of National Intelligence, with the
approval of the Director of the Office of Management and Budget
and in accordance with procedures to be developed by the
Director of National Intelligence and the heads of the
departments and agencies concerned, may transfer personnel
authorized for an element of the intelligence community to
another such element for a period of not more than 2 years.
(B) A transfer of personnel may be made under this paragraph
only if--
(i) the personnel are being transferred to an
activity that is a higher priority intelligence
activity; and
(ii) the transfer supports an emergent need, improves
program effectiveness, or increases efficiency.
(C) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
(i) the congressional intelligence committees;
(ii) in the case of the transfer of personnel to or
from the Department of Defense, the Committees on Armed
Services of the Senate and the House of
Representatives; and
(iii) in the case of the transfer of personnel to or
from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
(D) The Director shall include in any notice under
subparagraph (C) an explanation of the nature of the transfer
and how it satisfies the requirements of this 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) For each of the fiscal years 2010, 2011, and 2012, 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).
(4) It is the sense of Congress that--
(A) the nature of the national security threats
facing the United States will continue to challenge the
intelligence community to respond rapidly and flexibly
to bring analytic resources to bear against emerging
and unforeseen requirements;
(B) both the Office of the Director of National
Intelligence and any analytic centers determined to be
necessary should be fully and properly supported with
appropriate levels of personnel resources and that the
President's yearly budget requests adequately support
those needs; and
(C) the President should utilize all legal and
administrative discretion to ensure that the Director
of National Intelligence and all other elements of the
intelligence community have the necessary resources and
procedures to respond promptly and effectively to
emerging and unforeseen national security challenges.
(f) Tasking and Other Authorities.--(1)(A) The Director of
National Intelligence shall--
(i) establish objectives, priorities, and guidance
for the intelligence community to ensure timely and
effective collection, processing, analysis, and
dissemination (including access by users to collected
data consistent with applicable law and, as
appropriate, the guidelines referred to in subsection
(b) and analytic products generated by or within the
intelligence community) of national intelligence;
(ii) determine requirements and priorities for, and
manage and direct the tasking of, collection, analysis,
production, and dissemination of national intelligence
by elements of the intelligence community, including--
(I) approving requirements (including those
requirements responding to needs provided by
consumers) for collection and analysis; and
(II) resolving conflicts in collection
requirements and in the tasking of national
collection assets of the elements of the
intelligence community; and
(iii) provide advisory tasking to intelligence
elements of those agencies and departments not within
the National Intelligence Program.
(B) The authority of the Director of National Intelligence
under subparagraph (A) shall not apply--
(i) insofar as the President so directs;
(ii) with respect to clause (ii) of subparagraph (A),
insofar as the Secretary of Defense exercises tasking
authority under plans or arrangements agreed upon by
the Secretary of Defense and the Director of National
Intelligence; or
(iii) to the direct dissemination of information to
State government and local government officials and
private sector entities pursuant to sections 201 and
892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
482).
(2) The Director of National Intelligence shall oversee the
National Counterterrorism Center and may establish such other
national intelligence centers as the Director determines
necessary.
(3)(A) The Director of National Intelligence shall prescribe,
in consultation with the heads of other agencies or elements of
the intelligence community, and the heads of their respective
departments, personnel policies and programs applicable to the
intelligence community that--
(i) encourage and facilitate assignments and details
of personnel to national intelligence centers, and
between elements of the intelligence community;
(ii) set standards for education, training, and
career development of personnel of the intelligence
community;
(iii) encourage and facilitate the recruitment and
retention by the intelligence community of highly
qualified individuals for the effective conduct of
intelligence activities;
(iv) ensure that the personnel of the intelligence
community are sufficiently diverse for purposes of the
collection and analysis of intelligence through the
recruitment and training of women, minorities, and
individuals with diverse ethnic, cultural, and
linguistic backgrounds;
(v) make service in more than one element of the
intelligence community a condition of promotion to such
positions within the intelligence community as the
Director shall specify; and
(vi) ensure the effective management of intelligence
community personnel who are responsible for
intelligence community-wide matters.
(B) Policies prescribed under subparagraph (A) shall not be
inconsistent with the personnel policies otherwise applicable
to members of the uniformed services.
(4) The Director of National Intelligence shall ensure
compliance with the Constitution and laws of the United States
by the Central Intelligence Agency and shall ensure such
compliance by other elements of the intelligence community
through the host executive departments that manage the programs
and activities that are part of the National Intelligence
Program.
(5) The Director of National Intelligence shall ensure the
elimination of waste and unnecessary duplication within the
intelligence community.
(6) The Director of National Intelligence shall establish
requirements and priorities for foreign intelligence
information to be collected under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide
assistance to the Attorney General to ensure that information
derived from electronic surveillance or physical searches under
that Act is disseminated so it may be used efficiently and
effectively for national intelligence purposes, except that the
Director shall have no authority to direct or undertake
electronic surveillance or physical search operations pursuant
to that Act unless authorized by statute or Executive order.
(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.
(8) The Director of National Intelligence shall perform such
other functions as the President may direct.
(9) Nothing in this title shall be construed as affecting the
role of the Department of Justice or the Attorney General under
the Foreign Intelligence Surveillance Act of 1978.
(g) Intelligence Information Sharing.--(1) The Director of
National Intelligence shall have principal authority to ensure
maximum availability of and access to intelligence information
within the intelligence community consistent with national
security requirements. The Director of National Intelligence
shall--
(A) establish uniform security standards and
procedures;
(B) establish common information technology
standards, protocols, and interfaces;
(C) ensure development of information technology
systems that include multi-level security and
intelligence integration capabilities;
(D) establish policies and procedures to resolve
conflicts between the need to share intelligence
information and the need to protect intelligence
sources and methods;
(E) develop an enterprise architecture for the
intelligence community and ensure that elements of the
intelligence community comply with such architecture;
(F) have procurement approval authority over all
enterprise architecture-related information technology
items funded in the National Intelligence Program; and
(G) in accordance with Executive Order No.
13526 (75 Fed. Reg. 707; relating to classified
national security information) (or any
subsequent corresponding executive order), and
part 2001 of title 32, Code of Federal
Regulations (or any subsequent corresponding
regulation), establish--
(i) guidance to standardize, in
appropriate cases, the formats for
classified and unclassified
intelligence products created by
elements of the intelligence community
for purposes of promoting the sharing
of intelligence products; and
(ii) policies and procedures
requiring the increased use, in
appropriate cases, and including
portion markings, of the classification
of portions of information within one
intelligence product.
(2) The President shall ensure that the Director of National
Intelligence has all necessary support and authorities to fully
and effectively implement paragraph (1).
(3) Except as otherwise directed by the President or with the
specific written agreement of the head of the department or
agency in question, a Federal agency or official shall not be
considered to have met any obligation to provide any
information, report, assessment, or other material (including
unevaluated intelligence information) to that department or
agency solely by virtue of having provided that information,
report, assessment, or other material to the Director of
National Intelligence or the National Counterterrorism Center.
(4) The Director of National Intelligence shall, in a timely
manner, report to Congress any statute, regulation, policy, or
practice that the Director believes impedes the ability of the
Director to fully and effectively ensure maximum availability
of access to intelligence information within the intelligence
community consistent with the protection of the national
security of the United States.
(h) Analysis.--To ensure the most accurate analysis of
intelligence is derived from all sources to support national
security needs, the Director of National Intelligence shall--
(1) implement policies and procedures--
(A) to encourage sound analytic methods and
tradecraft throughout the elements of the
intelligence community;
(B) to ensure that analysis is based upon all
sources available; and
(C) to ensure that the elements of the
intelligence community regularly conduct
competitive analysis of analytic products,
whether such products are produced by or
disseminated to such elements;
(2) ensure that resource allocation for intelligence
analysis is appropriately proportional to resource
allocation for intelligence collection systems and
operations in order to maximize analysis of all
collected data;
(3) ensure that differences in analytic judgment are
fully considered and brought to the attention of
policymakers; and
(4) ensure that sufficient relationships are
established between intelligence collectors and
analysts to facilitate greater understanding of the
needs of analysts.
(i) Protection of Intelligence Sources and Methods.--(1) The
Director of National Intelligence shall protect intelligence
sources and methods from unauthorized disclosure.
(2) Consistent with paragraph (1), in order to maximize the
dissemination of intelligence, the Director of National
Intelligence shall establish and implement guidelines for the
intelligence community for the following purposes:
(A) Classification of information under applicable
law, Executive orders, or other Presidential
directives.
(B) Access to and dissemination of intelligence, both
in final form and in the form when initially gathered.
(C) Preparation of intelligence products in such a
way that source information is removed to allow for
dissemination at the lowest level of classification
possible or in unclassified form to the extent
practicable.
(3) The Director may only delegate a duty or authority given
the Director under this subsection to the Principal Deputy
Director of National Intelligence.
(j) Uniform Procedures for Classified Information.--The
Director of National Intelligence, subject to the direction of
the President, shall--
(1) establish uniform standards and procedures for
the grant of access to sensitive compartmented
information to any officer or employee of any agency or
department of the United States and to employees of
contractors of those agencies or departments;
(2) ensure the consistent implementation of those
standards and procedures throughout such agencies and
departments;
(3) ensure that security clearances granted by
individual elements of the intelligence community are
recognized by all elements of the intelligence
community, and under contracts entered into by those
agencies;
(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most
expeditious manner possible consistent with applicable
standards for national security;
(5) ensure that the background of each employee or
officer of an element of the intelligence community,
each contractor to an element of the intelligence
community, and each individual employee of such a
contractor who has been determined to be eligible for
access to classified information is monitored on a
continual basis under standards developed by the
Director, including with respect to the frequency of
evaluation, during the period of eligibility of such
employee or officer of an element of the intelligence
community, such contractor, or such individual employee
to such a contractor to determine whether such employee
or officer of an element of the intelligence community,
such contractor, and such individual employee of such a
contractor continues to meet the requirements for
eligibility for access to classified information; and
(6) develop procedures to require information sharing
between elements of the intelligence community
concerning potentially derogatory security information
regarding an employee or officer of an element of the
intelligence community, a contractor to an element of
the intelligence community, or an individual employee
of such a contractor that may impact the eligibility of
such employee or officer of an element of the
intelligence community, such contractor, or such
individual employee of such a contractor for a security
clearance.
(k) Coordination With Foreign Governments.--Under the
direction of the President and in a manner consistent with
section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927), the Director of National Intelligence shall oversee the
coordination of the relationships between elements of the
intelligence community and the intelligence or security
services of foreign governments or international organizations
on all matters involving intelligence related to the national
security or involving intelligence acquired through clandestine
means.
(l) Enhanced Personnel Management.--(1)(A) The Director of
National Intelligence shall, under regulations prescribed by
the Director, provide incentives for personnel of elements of
the intelligence community to serve--
(i) on the staff of the Director of National
Intelligence;
(ii) on the staff of the national intelligence
centers;
(iii) on the staff of the National Counterterrorism
Center; and
(iv) in other positions in support of the
intelligence community management functions of the
Director.
(B) Incentives under subparagraph (A) may include financial
incentives, bonuses, and such other awards and incentives as
the Director considers appropriate.
(2)(A) Notwithstanding any other provision of law, the
personnel of an element of the intelligence community who are
assigned or detailed under paragraph (1)(A) to service under
the Director of National Intelligence shall be promoted at
rates equivalent to or better than personnel of such element
who are not so assigned or detailed.
(B) The Director may prescribe regulations to carry out this
paragraph.
(3)(A) The Director of National Intelligence shall prescribe
mechanisms to facilitate the rotation of personnel of the
intelligence community through various elements of the
intelligence community in the course of their careers in order
to facilitate the widest possible understanding by such
personnel of the variety of intelligence requirements, methods,
users, and capabilities.
(B) The mechanisms prescribed under subparagraph (A) may
include the following:
(i) The establishment of special occupational
categories involving service, over the course of a
career, in more than one element of the intelligence
community.
(ii) The provision of rewards for service in
positions undertaking analysis and planning of
operations involving two or more elements of the
intelligence community.
(iii) The establishment of requirements for
education, training, service, and evaluation for
service involving more than one element of the
intelligence community.
(C) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent
practical, seek to duplicate for civilian personnel within the
intelligence community the joint officer management policies
established by chapter 38 of title 10, United States Code, and
the other amendments made by title IV of the Goldwater-Nichols
Department of Defense Reorganization Act of 1986 (Public Law
99-433).
(4)(A) Except as provided in subparagraph (B) and
subparagraph (D), this subsection shall not apply with respect
to personnel of the elements of the intelligence community who
are members of the uniformed services.
(B) Mechanisms that establish requirements for education and
training pursuant to paragraph (3)(B)(iii) may apply with
respect to members of the uniformed services who are assigned
to an element of the intelligence community funded through the
National Intelligence Program, but such mechanisms shall not be
inconsistent with personnel policies and education and training
requirements otherwise applicable to members of the uniformed
services.
(C) The personnel policies and programs developed and
implemented under this subsection with respect to law
enforcement officers (as that term is defined in section
5541(3) of title 5, United States Code) shall not affect the
ability of law enforcement entities to conduct operations or,
through the applicable chain of command, to control the
activities of such law enforcement officers.
(D) Assignment to the Office of the Director of National
Intelligence of commissioned officers of the Armed Forces shall
be considered a joint-duty assignment for purposes of the joint
officer management policies prescribed by chapter 38 of title
10, United States Code, and other provisions of that title.
(m) Additional Authority With Respect to Personnel.--(1) In
addition to the authorities under subsection (f)(3), the
Director of National Intelligence may exercise with respect to
the personnel of the Office of the Director of National
Intelligence any authority of the Director of the Central
Intelligence Agency with respect to the personnel of the
Central Intelligence Agency under the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment
of this subsection to the same extent, and subject to the same
conditions and limitations, that the Director of the Central
Intelligence Agency may exercise such authority with respect to
personnel of the Central Intelligence Agency.
(2) Employees and applicants for employment of the Office of
the Director of National Intelligence shall have the same
rights and protections under the Office of the Director of
National Intelligence as employees of the Central Intelligence
Agency have under the Central Intelligence Agency Act of 1949,
and other applicable provisions of law, as of the date of the
enactment of this subsection.
(n) Acquisition and Other Authorities.--(1) In carrying out
the responsibilities and authorities under this section, the
Director of National Intelligence may exercise the acquisition
and appropriations authorities referred to in the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other
than the authorities referred to in section 8(b) of that Act
(50 U.S.C. 403j(b)).
(2) For the purpose of the exercise of any authority referred
to in paragraph (1), a reference to the head of an agency shall
be deemed to be a reference to the Director of National
Intelligence or the Principal Deputy Director of National
Intelligence.
(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency
may be made with respect to individual purchases and contracts
or with respect to classes of purchases or contracts, and shall
be final.
(B) Except as provided in subparagraph (C), the Director of
National Intelligence or the Principal Deputy Director of
National Intelligence may, in such official's discretion,
delegate to any officer or other official of the Office of the
Director of National Intelligence any authority to make a
determination or decision as the head of the agency under an
authority referred to in paragraph (1).
(C) The limitations and conditions set forth in section 3(d)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403c(d)) shall apply to the exercise by the Director of
National Intelligence of an authority referred to in paragraph
(1).
(D) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the
Central Intelligence Agency Act of 1949 shall be based upon
written findings made by the official making such determination
or decision, which findings shall be final and shall be
available within the Office of the Director of National
Intelligence for a period of at least six years following the
date of such determination or decision.
(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)).
(o) Consideration of Views of Elements of Intelligence
Community.--In carrying out the duties and responsibilities
under this section, the Director of National Intelligence shall
take into account the views of a head of a department
containing an element of the intelligence community and of the
Director of the Central Intelligence Agency.
(p) Responsibility of Director of National Intelligence
Regarding National Intelligence Program Budget Concerning the
Department of Defense.--Subject to the direction of the
President, the Director of National Intelligence shall, after
consultation with the Secretary of Defense, ensure that the
National Intelligence Program budgets for the elements of the
intelligence community that are within the Department of
Defense are adequate to satisfy the national intelligence needs
of the Department of Defense, including the needs of the
Chairman of the Joint Chiefs of Staff and the commanders of the
unified and specified commands, and wherever such elements are
performing Government-wide functions, the needs of other
Federal departments and agencies.
(q) Acquisitions of Major Systems.--(1) For each intelligence
program within the National Intelligence Program for the
acquisition of a major system, the Director of National
Intelligence shall--
(A) require the development and implementation of a
program management plan that includes cost, schedule,
and performance goals and program milestone criteria,
except that with respect to Department of Defense
programs the Director shall consult with the Secretary
of Defense;
(B) serve as exclusive milestone decision authority,
except that with respect to Department of Defense
programs the Director shall serve as milestone decision
authority jointly with the Secretary of Defense or the
designee of the Secretary; and
(C) periodically--
(i) review and assess the progress made
toward the achievement of the goals and
milestones established in such plan; and
(ii) submit to Congress a report on the
results of such review and assessment.
(2) If the Director of National Intelligence and the
Secretary of Defense are unable to reach an agreement on a
milestone decision under paragraph (1)(B), the President shall
resolve the conflict.
(3) Nothing in this subsection may be construed to limit the
authority of the Director of National Intelligence to delegate
to any other official any authority to perform the
responsibilities of the Director under this subsection.
(4) In this subsection:
(A) The term ``intelligence program'', with respect
to the acquisition of a major system, means a program
that--
(i) is carried out to acquire such major
system for an element of the intelligence
community; and
(ii) is funded in whole out of amounts
available for the National Intelligence
Program.
(B) The term ``major system'' has the meaning given
such term in section 4(9) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 403(9)).
(r) Performance of Common Services.--The Director of National
Intelligence shall, in consultation with the heads of
departments and agencies of the United States Government
containing elements within the intelligence community and with
the Director of the Central Intelligence Agency, coordinate the
performance by the elements of the intelligence community
within the National Intelligence Program of such services as
are of common concern to the intelligence community, which
services the Director of National Intelligence determines can
be more efficiently accomplished in a consolidated manner.
(s) Pay Authority for Critical Positions.--(1)
Notwithstanding any pay limitation established under any other
provision of law applicable to employees in elements of the
intelligence community, the Director of National Intelligence
may, in coordination with the Director of the Office of
Personnel Management and the Director of the Office of
Management and Budget, grant authority to the head of a
department or agency to fix the rate of basic pay for one or
more positions within the intelligence community at a rate in
excess of any applicable limitation, subject to the provisions
of this subsection. The exercise of authority so granted is at
the discretion of the head of the department or agency
employing the individual in a position covered by such
authority, subject to the provisions of this subsection and any
conditions established by the Director of National Intelligence
when granting such authority.
(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.
(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)).
(u) Conflict of Interest Regulations.--[(1) The Director] 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.]
(v) Authority To Establish Positions in Excepted Service.--
(1) The Director of National Intelligence, with the concurrence
of the head of the covered department concerned and in
consultation with the Director of the Office of Personnel
Management, may--
(A) convert competitive service positions, and the
incumbents of such positions, within an element of the
intelligence community in such department, to excepted
service positions as the Director of National
Intelligence determines necessary to carry out the
intelligence functions of such element; and
(B) establish new positions in the excepted service
within an element of the intelligence community in such
department, if the Director of National Intelligence
determines such positions are necessary to carry out
the intelligence functions of such element.
(2) An incumbent occupying a position on the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2012 selected to be converted to the excepted service under
this section shall have the right to refuse such conversion.
Once such individual no longer occupies the position, the
position may be converted to the excepted service.
(3) In this subsection, the term ``covered department'' means
the Department of Energy, the Department of Homeland Security,
the Department of State, or the Department of the Treasury.
(w) Nuclear Proliferation Assessment Statements Intelligence
Community Addendum.--The Director of National Intelligence, in
consultation with the heads of the appropriate elements of the
intelligence community and the Secretary of State, shall
provide to the President, the congressional intelligence
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate an addendum to each Nuclear Proliferation Assessment
Statement accompanying a civilian nuclear cooperation
agreement, containing a comprehensive analysis of the country's
export control system with respect to nuclear-related matters,
including interactions with other countries of proliferation
concern and the actual or suspected nuclear, dual-use, or
missile-related transfers to such countries.
(x) Requirements for Intelligence Community Contractors.--The
Director of National Intelligence, in consultation with the
head of each department of the Federal Government that contains
an element of the intelligence community and the Director of
the Central Intelligence Agency, shall--
(1) ensure that--
(A) any contractor to an element of the
intelligence community with access to a
classified network or classified information
develops and operates a security plan that is
consistent with standards established by the
Director of National Intelligence for
intelligence community networks; and
(B) each contract awarded by an element of
the intelligence community includes provisions
requiring the contractor comply with such plan
and such standards;
(2) conduct periodic assessments of each security
plan required under paragraph (1)(A) to ensure such
security plan complies with the requirements of such
paragraph; and
(3) ensure that the insider threat detection
capabilities and insider threat policies of the
intelligence community apply to facilities of
contractors with access to a classified network.
* * * * * * *
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--
(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 this provision shall qualify as a withholding
statute pursuant to subsection (b)(3) of section 552 of
title 5, United States Code (commonly known as the
``Freedom of Information Act''); 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 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] any Federal, State (as defined in section 804), or
local governmental agency or unit thereof.
(B) Upon request of the Inspector General for information or
assistance from a department, agency, or element of the Federal
Government 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 October 31 and
April 30 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 September 30 and March 31, respectively. The Inspector
General of the Intelligence Community shall provide any portion
of the report involving a component of a department of the
United States Government to the head of that department
simultaneously with submission of the report to the Director of
National Intelligence.
(B) Each report under this paragraph shall include, at a
minimum, the following:
(i) A list of the title or subject of each
investigation, inspection, audit, or review conducted
during the period covered by such report.
(ii) A description of significant problems, abuses,
and deficiencies relating to the administration of
programs and activities of the intelligence community
within the responsibility and authority of the Director
of National Intelligence, and in the relationships
between elements of the intelligence community,
identified by the Inspector General during the period
covered by such report.
(iii) A description of the recommendations for
corrective action made by the Inspector General during
the period covered by such report with respect to
significant problems, abuses, or deficiencies
identified in clause (ii).
(iv) A statement of whether or not corrective action
has been completed on each significant recommendation
described in previous semiannual reports, and, in a
case where corrective action has been completed, a
description of such corrective action.
(v) A certification of whether or not the Inspector
General has had full and direct access to all
information relevant to the performance of the
functions of the Inspector General.
(vi) A description of the exercise of the subpoena
authority under subsection (g)(5) by the Inspector
General during the period covered by such report.
(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote
economy, efficiency, and effectiveness in the
administration and implementation of programs and
activities within the responsibility and authority of
the Director of National Intelligence, and to detect
and eliminate fraud and abuse in such programs and
activities.
(C) Not later than 30 days after the date of receipt of a
report under subparagraph (A), the Director shall transmit the
report to the congressional intelligence committees together
with any comments the Director considers appropriate. The
Director shall transmit to the committees of the Senate and of
the House of Representatives with jurisdiction over a
department of the United States Government any portion of the
report involving a component of such department simultaneously
with submission of the report to the congressional intelligence
committees.
(2)(A) The Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to programs and activities within the
responsibility and authority of the Director of National
Intelligence.
(B) The Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within 7 calendar days of receipt of such report, together with
such comments as the Director considers appropriate. The
Director shall transmit to the committees of the Senate and of
the House of Representatives with jurisdiction over a
department of the United States Government any portion of each
report under subparagraph (A) that involves a problem, abuse,
or deficiency related to a component of such department
simultaneously with transmission of the report to the
congressional intelligence committees.
(3)(A) In the event that--
(i) the Inspector General is unable to resolve any
differences with the Director affecting the execution
of the duties or responsibilities of the Inspector
General;
(ii) an investigation, inspection, audit, or review
carried out by the Inspector General focuses on any
current or former intelligence community official who--
(I) holds or held a position in an element of
the intelligence community that is subject to
appointment by the President, whether or not by
and with the advice and consent of the Senate,
including such a position held on an acting
basis;
(II) holds or held a position in an element
of the intelligence community, including a
position held on an acting basis, that is
appointed by the Director of National
Intelligence; or
(III) holds or held a position as head of an
element of the intelligence community or a
position covered by subsection (b) or (c) of
section 106;
(iii) a matter requires a report by the Inspector
General to the Department of Justice on possible
criminal conduct by a current or former official
described in clause (ii);
(iv) the Inspector General receives notice from the
Department of Justice declining or approving
prosecution of possible criminal conduct of any current
or former official described in clause (ii); or
(v) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an
investigation, inspection, audit, or review,
the Inspector General shall immediately notify, and submit a
report to, the congressional intelligence committees on such
matter.
(B) The Inspector General shall submit to the committees of
the Senate and of the House of Representatives with
jurisdiction over a department of the United States Government
any portion of each report under subparagraph (A) that involves
an investigation, inspection, audit, or review carried out by
the Inspector General focused on any current or former official
of a component of such department simultaneously with
submission of the report to the congressional intelligence
committees.
(4) 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.).
(I) An individual who has submitted a complaint or
information to the Inspector General under this section may
notify any member of either of the congressional intelligence
committees, or a staff member of either of such committees, of
the fact that such individual has made a submission to the
Inspector General, and of the date on which such submission was
made.
(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.
(o) Information on Website.--(1) The Director of National
Intelligence shall establish and maintain on the homepage of
the publicly accessible website of the Office of the Director
of National Intelligence information relating to the Office of
the Inspector General of the Intelligence Community including
methods to contact the Inspector General.
(2) The information referred to in paragraph (1) shall be
obvious and facilitate accessibility to the information related
to the Office of the Inspector General of the Intelligence
Community.
* * * * * * *
SEC. 119B. CYBER THREAT INTELLIGENCE INTEGRATION CENTER.
(a) Establishment.--There is within the Office of the
Director of National Intelligence a Cyber Threat Intelligence
Integration Center.
(b) Director.--There is a Director of the Cyber Threat
Intelligence Integration Center, who shall be the head of the
Cyber Threat Intelligence Integration Center, and who shall be
appointed by the Director of National Intelligence.
(c) Primary Missions.--The Cyber Threat Intelligence
Integration Center shall--
(1) serve as the primary organization within the
Federal Government for analyzing and integrating all
intelligence possessed or acquired by the United States
pertaining to cyber threats;
(2) ensure that appropriate departments and agencies
of the Federal Government have full access to and
receive all-source intelligence support needed to
execute the cyber threat intelligence activities of
such agencies and to perform independent, alternative
analyses;
(3) disseminate cyber threat analysis to the
President, the appropriate departments and agencies of
the Federal Government, and the appropriate committees
of Congress;
(4) coordinate cyber threat intelligence activities
of the departments and agencies of the Federal
Government; and
(5) conduct strategic cyber threat intelligence
planning for the Federal Government.
(d) Limitations.--The Cyber Threat Intelligence Integration
Center--
(1) may not have more than 50 permanent positions;
(2) in carrying out the primary missions of the
Center described in subsection (c), may not augment
staffing through detailees, assignees, or core
contractor personnel or enter into any personal
services contracts to exceed the limitation under
paragraph (1); and
(3) shall be located in a building owned or operated
by an element of the intelligence community as of the
date of the enactment of this section.
national intelligence centers
Sec. [119B.] 119C. (a) Authority To Establish.--The Director
of National Intelligence may establish one or more national
intelligence centers to address intelligence priorities,
including, but not limited to, regional issues.
(b) Resources of Directors of Centers.--(1) The Director of
National Intelligence shall ensure that the head of each
national intelligence center under subsection (a) has
appropriate authority, direction, and control of such center,
and of the personnel assigned to such center, to carry out the
assigned mission of such center.
(2) The Director of National Intelligence shall ensure that
each national intelligence center has appropriate personnel to
accomplish effectively the mission of such center.
(c) Information Sharing.--The Director of National
Intelligence shall, to the extent appropriate and practicable,
ensure that each national intelligence center under subsection
(a) and the other elements of the intelligence community share
information in order to facilitate the mission of such center.
(d) Mission of Centers.--Pursuant to the direction of the
Director of National Intelligence, each national intelligence
center under subsection (a) may, in the area of intelligence
responsibility assigned to such center--
(1) have primary responsibility for providing all-
source analysis of intelligence based upon intelligence
gathered both domestically and abroad;
(2) have primary responsibility for identifying and
proposing to the Director of National Intelligence
intelligence collection and analysis and production
requirements; and
(3) perform such other duties as the Director of
National Intelligence shall specify.
(e) Review and Modification of Centers.--The Director of
National Intelligence shall determine on a regular basis
whether--
(1) the area of intelligence responsibility assigned
to each national intelligence center under subsection
(a) continues to meet appropriate intelligence
priorities; and
(2) the staffing and management of such center
remains appropriate for the accomplishment of the
mission of such center.
(f) Termination.--The Director of National Intelligence may
terminate any national intelligence center under subsection
(a).
(g) Separate Budget Account.--The Director of National
Intelligence shall, as appropriate, include in the National
Intelligence Program budget a separate line item for each
national intelligence center under subsection (a).
* * * * * * *
TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
* * * * * * *
[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 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 60
days after the enactment of the Intelligence Authorization Act
for Fiscal Year 2010, an investment review process for the
intelligence community business systems for which the Director
of the Office of Business Transformation is responsible.
[(2) The investment review process under paragraph (1)
shall--
[(A) meet the requirements of section 11312 of title
40, United States Code; and
[(B) specifically set forth the responsibilities of
the Director of the Office of Business Transformation
under such review process.
[(3) The investment review process under paragraph (1) shall
include the following elements:
[(A) Review and approval by an investment review
board (consisting of appropriate representatives of the
intelligence community) of each intelligence community
business system as an investment before the obligation
of funds for such system.
[(B) Periodic review, but not less often than
annually, of every intelligence community business
system investment.
[(C) Thresholds for levels of review to ensure
appropriate review of intelligence community business
system investments depending on the scope, complexity,
and cost of the system involved.
[(D) Procedures for making certifications in
accordance with the requirements of subsection (a)(2).
[(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 2014, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on
the compliance of the intelligence community with the
requirements of this section. Each such report shall--
[(1) describe actions taken and proposed for meeting
the requirements of subsection (a), including--
[(A) specific milestones and actual
performance against specified performance
measures, and any revision of such milestones
and performance measures; and
[(B) specific actions on the intelligence
community business system 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
[(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.]
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 the Chief
Information Officer of the Intelligence Community makes a
certification described in paragraph (2) with respect to such
intelligence community business system transformation.
(2) The certification described in this paragraph for an
intelligence community business system transformation is a
certification made by the Chief Information Officer of the
Intelligence Community that the intelligence community business
system transformation--
(A) complies with the enterprise architecture under
subsection (b) and such other policies and standards
that the Chief Information Officer of the Intelligence
Community 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 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 Chief Information Officer of the Intelligence
Community shall establish and implement, not later than 60 days
after October 7, 2010, an investment review process for the
intelligence community business systems for which the Chief
Information Officer of the Intelligence Community 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 Chief Information Office of the Intelligence
Community 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) 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).
(f) Relationship to Defense Business Enterprise
Architecture.--Intelligence community business system
transformations certified under this section shall be deemed to
be in compliance with section 2222 of title 10, United States
Code. Nothing in this section shall be construed to exempt
funds authorized to be appropriated to the Department of
Defense for activities other than an intelligence community
business system transformation from the requirements of such
section 2222, to the extent that such requirements are
otherwise applicable.
(g) 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.
(h) 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
(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 3552(b) of title 44,
United States Code.
* * * * * * *
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)] (a) 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)] (b) 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.
* * * * * * *
dates for submittal of various annual and semiannual reports to the
congressional intelligence committees
Sec. 507. (a) Annual Reports.--The date for the submittal to
the congressional intelligence committees of the following
annual reports shall be the date each year provided in
subsection (c)(1):
(1) The annual report of the Inspectors Generals of
the intelligence community on proposed resources and
activities of their offices required by section 8H(g)
of the Inspector General Act of 1978.
(2) The annual report on certifications for immunity
in interdiction of aircraft engaged in illicit drug
trafficking required by section 1012(c)(2) of the
National Defense Authorization Act for Fiscal Year 1995
(22 U.S.C. 2291-4(c)(2)).
(3) The annual report on activities under the David
L. Boren National Security Education Act of 1991 (title
VIII of Public Law 102-183; 50 U.S.C. 1901 et seq.)
required by section 806(a) of that Act (50 U.S.C.
1906(a)).
(4) The annual report on hiring and retention of
minority employees in the intelligence community
required by section 114(a).
[(5) The annual report on outside employment of
employees of elements of the intelligence community
required by section 102A(u)(2).]
[(6)] (5) The annual report on financial intelligence
on terrorist assets required by section 118.
(b) Semiannual Reports.--The dates for the submittal to the
congressional intelligence committees of the following
semiannual reports shall be the dates each year provided in
subsection (c)(2):
(1) The semiannual reports on decisions not to
prosecute certain violations of law under the
Classified Information Procedures Act (18 U.S.C. App.)
as required by section 13 of that Act.
(2) The semiannual reports on the disclosure of
information and consumer reports to the Federal Bureau
of Investigation for counterintelligence purposes
required by section 624(h)(2) of the Fair Credit
Reporting Act (15 U.S.C. 1681u(h)(2)).
(3) The semiannual provision of information on
requests for financial information for foreign
counterintelligence purposes required by section
1114(a)(5)(C) of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)(5)(C)).
(c) Submittal Dates for Reports.--(1) Except as provided in
subsection (d), each annual report listed in [subsection
(a)(1)] subsection (a) shall be submitted not later than
February 1.
(2) Except as provided in subsection (d), each semiannual
report listed in subsection (b) shall be submitted not later
than February 1 and August 1.
(d) Postponement of Submittal.--(1) Subject to paragraph (3),
the date for the submittal of--
(A) an annual report listed in subsection (a) may be
postponed until March 1; and
(B) a semiannual report listed in subsection (b) may
be postponed until March 1 or September 1, as the case
may be,
if the official required to submit such report submits to the
congressional intelligence committees a written notification of
such postponement.
(2)(A) Notwithstanding any other provision of law and subject
to paragraph (3), the date for the submittal to the
congressional intelligence committees of any report described
in subparagraph (B) may be postponed by not more than 30 days
from the date otherwise specified in the provision of law for
the submittal of such report if the official required to submit
such report submits to the congressional intelligence
committees a written notification of such postponement.
(B) A report described in this subparagraph is any report on
intelligence or intelligence-related activities of the United
States Government that is submitted under a provision of law
requiring the submittal of only a single report.
(3)(A) The date for the submittal of a report whose submittal
is postponed under paragraph (1) or (2) may be postponed beyond
the time provided for the submittal of such report under such
paragraph if the official required to submit such report
submits to the congressional intelligence committees a written
certification that preparation and submittal of such report at
such time will impede the work of officers or employees of the
intelligence community in a manner that will be detrimental to
the national security of the United States.
(B) A certification with respect to a report under
subparagraph (A) shall include a proposed submittal date for
such report, and such report shall be submitted not later than
that date.
* * * * * * *
----------
INSPECTOR GENERAL ACT OF 1978
* * * * * * *
SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY.
(a) Establishment and Mission.--
(1) Establishment.--There is established as an
independent entity within the executive branch the
Council of the Inspectors General on Integrity and
Efficiency (in this section referred to as the
``Council'').
(2) Mission.--The mission of the Council shall be
to--
(A) address integrity, economy, and
effectiveness issues that transcend individual
Government agencies; and
(B) increase the professionalism and
effectiveness of personnel by developing
policies, standards, and approaches to aid in
the establishment of a well-trained and highly
skilled workforce in the offices of the
Inspectors General.
(b) Membership.--
(1) In general.--The Council shall consist of the
following members:
(A) All Inspectors General whose offices are
established under--
(i) section 2; or
(ii) section 8G.
(B) The Inspectors General of [the Office of
the Director of National Intelligence] the
Intelligence Community and the Central
Intelligence Agency.
(C) The Controller of the Office of Federal
Financial Management.
(D) A senior level official of the Federal
Bureau of Investigation designated by the
Director of the Federal Bureau of
Investigation.
(E) The Director of the Office of Government
Ethics.
(F) The Special Counsel of the Office of
Special Counsel.
(G) The Deputy Director of the Office of
Personnel Management.
(H) The Deputy Director for Management of the
Office of Management and Budget.
(I) The Inspectors General of the Library of
Congress, Capitol Police, Government Printing
Office, Government Accountability Office, and
the Architect of the Capitol.
(2) Chairperson and executive chairperson.--
(A) Executive chairperson.--The Deputy
Director for Management of the Office of
Management and Budget shall be the Executive
Chairperson of the Council.
(B) Chairperson.--The Council shall elect 1
of the Inspectors General referred to in
paragraph (1)(A) or (B) to act as Chairperson
of the Council. The term of office of the
Chairperson shall be 2 years.
(3) Functions of chairperson and executive
chairperson.--
(A) Executive chairperson.--The Executive
Chairperson shall--
(i) preside over meetings of the
Council;
(ii) provide to the heads of agencies
and entities represented on the Council
summary reports of the activities of
the Council; and
(iii) provide to the Council such
information relating to the agencies
and entities represented on the Council
as assists the Council in performing
its functions.
(B) Chairperson.--The Chairperson shall--
(i) convene meetings of the Council--
(I) at least 6 times each
year;
(II) monthly to the extent
possible; and
(III) more frequently at the
discretion of the Chairperson;
(ii) carry out the functions and
duties of the Council under subsection
(c);
(iii) appoint a Vice Chairperson to
assist in carrying out the functions of
the Council and act in the absence of
the Chairperson, from a category of
Inspectors General described in
subparagraph (A)(i), (A)(ii), or (B) of
paragraph (1), other than the category
from which the Chairperson was elected;
(iv) make such payments from funds
otherwise available to the Council as
may be necessary to carry out the
functions of the Council;
(v) select, appoint, and employ
personnel as needed to carry out the
functions of the Council subject to the
provisions of title 5, United States
Code, governing appointments in the
competitive service, and the provisions
of chapter 51 and subchapter III of
chapter 53 of such title, relating to
classification and General Schedule pay
rates;
(vi) to the extent and in such
amounts as may be provided in advance
by appropriations Acts, made available
from the revolving fund established
under subsection (c)(3)(B), or as
otherwise provided by law, enter into
contracts and other arrangements with
public agencies and private persons to
carry out the functions and duties of
the Council;
(vii) establish, in consultation with
the members of the Council, such
committees as determined by the
Chairperson to be necessary and
appropriate for the efficient conduct
of Council functions; and
(viii) prepare and transmit a report
annually on behalf of the Council to
the President on the activities of the
Council.
(c) Functions and Duties of Council.--
(1) In general.--The Council shall--
(A) continually identify, review, and discuss
areas of weakness and vulnerability in Federal
programs and operations with respect to fraud,
waste, and abuse;
(B) develop plans for coordinated,
Governmentwide activities that address these
problems and promote economy and efficiency in
Federal programs and operations, including
interagency and interentity audit,
investigation, inspection, and evaluation
programs and projects to deal efficiently and
effectively with those problems concerning
fraud and waste that exceed the capability or
jurisdiction of an individual agency or entity;
(C) develop policies that will aid in the
maintenance of a corps of well-trained and
highly skilled Office of Inspector General
personnel;
(D) maintain an Internet website and other
electronic systems for the benefit of all
Inspectors General, as the Council determines
are necessary or desirable;
(E) maintain 1 or more academies as the
Council considers desirable for the
professional training of auditors,
investigators, inspectors, evaluators, and
other personnel of the various offices of
Inspector General;
(F) submit recommendations of individuals to
the appropriate appointing authority for any
appointment to an office of Inspector General
described under subsection (b)(1)(A) or (B);
(G) make such reports to Congress as the
Chairperson determines are necessary or
appropriate; and
(H) perform other duties within the authority
and jurisdiction of the Council, as
appropriate.
(2) Adherence and participation by members.--To the
extent permitted under law, and to the extent not
inconsistent with standards established by the
Comptroller General of the United States for audits of
Federal establishments, organizations, programs,
activities, and functions, each member of the Council,
as appropriate, shall--
(A) adhere to professional standards
developed by the Council; and
(B) participate in the plans, programs, and
projects of the Council, except that in the
case of a member described under subsection
(b)(1)(I), the member shall participate only to
the extent requested by the member and approved
by the Executive Chairperson and Chairperson.
(3) Additional administrative authorities.--
(A) Interagency funding.--Notwithstanding
section 1532 of title 31, United States Code,
or any other provision of law prohibiting the
interagency funding of activities described
under subclause (I), (II), or (III) of clause
(i), in the performance of the
responsibilities, authorities, and duties of
the Council--
(i) the Executive Chairperson may
authorize the use of interagency
funding for--
(I) Governmentwide training
of employees of the Offices of
the Inspectors General;
(II) the functions of the
Integrity Committee of the
Council; and
(III) any other authorized
purpose determined by the
Council; and
(ii) upon the authorization of the
Executive Chairperson, any department,
agency, or entity of the executive
branch which has a member on the
Council shall fund or participate in
the funding of such activities.
(B) Revolving fund.--
(i) In general.--The Council may--
(I) establish in the Treasury
of the United States a
revolving fund to be called the
Inspectors General Council
Fund; or
(II) enter into an
arrangement with a department
or agency to use an existing
revolving fund.
(ii) Amounts in revolving fund.--
(I) In general.--Amounts
transferred to the Council
under this subsection shall be
deposited in the revolving fund
described under clause (i)(I)
or (II).
(II) Training.--Any remaining
unexpended balances
appropriated for or otherwise
available to the Inspectors
General Criminal Investigator
Academy and the Inspectors
General Auditor Training
Institute shall be transferred
to the revolving fund described
under clause (i)(I) or (II).
(iii) Use of revolving fund.--
(I) In general.--Except as
provided under subclause (II),
amounts in the revolving fund
described under clause (i)(I)
or (II) may be used to carry
out the functions and duties of
the Council under this
subsection.
(II) Training.--Amounts
transferred into the revolving
fund described under clause
(i)(I) or (II) may be used for
the purpose of maintaining any
training academy as determined
by the Council.
(iv) Availability of funds.--Amounts
in the revolving fund described under
clause (i)(I) or (II) shall remain
available to the Council without fiscal
year limitation.
(C) Superseding provisions.--No provision of
law enacted after the date of enactment of this
subsection shall be construed to limit or
supersede any authority under subparagraph (A)
or (B), unless such provision makes specific
reference to the authority in that paragraph.
(4) Existing authorities and responsibilities.--The
establishment and operation of the Council shall not
affect--
(A) the role of the Department of Justice in
law enforcement and litigation;
(B) the authority or responsibilities of any
Government agency or entity; and
(C) the authority or responsibilities of
individual members of the Council.
(d) Integrity Committee.--
(1) Establishment.--The Council shall have an
Integrity Committee, which shall receive, review, and
refer for investigation allegations of wrongdoing that
are made against Inspectors General and staff members
of the various Offices of Inspector General described
under paragraph (4)(C).
(2) Membership.--The Integrity Committee shall
consist of the following members:
(A) The official of the Federal Bureau of
Investigation serving on the Council, who shall
serve as Chairperson of the Integrity
Committee, and maintain the records of the
Committee.
(B) Four Inspectors General described in
subparagraph (A) or (B) of subsection (b)(1)
appointed by the Chairperson of the Council,
representing both establishments and designated
Federal entities (as that term is defined in
section 8G(a)).
(C) The Special Counsel of the Office of
Special Counsel.
(D) The Director of the Office of Government
Ethics.
(3) Legal advisor.--The Chief of the Public Integrity
Section of the Criminal Division of the Department of
Justice, or his designee, shall serve as a legal
advisor to the Integrity Committee.
(4) Referral of allegations.--
(A) Requirement.--An Inspector General shall
refer to the Integrity Committee any allegation
of wrongdoing against a staff member of the
office of that Inspector General, if--
(i) review of the substance of the
allegation cannot be assigned to an
agency of the executive branch with
appropriate jurisdiction over the
matter; and
(ii) the Inspector General determines
that--
(I) an objective internal
investigation of the allegation
is not feasible; or
(II) an internal
investigation of the allegation
may appear not to be objective.
(B) Definition.--In this paragraph the term
``staff member'' means any employee of an
Office of Inspector General who--
(i) reports directly to an Inspector
General; or
(ii) is designated by an Inspector
General under subparagraph (C).
(C) Designation of staff members.--Each
Inspector General shall annually submit to the
Chairperson of the Integrity Committee a
designation of positions whose holders are
staff members for purposes of subparagraph (B).
(5) Review of allegations.--The Integrity Committee
shall--
(A) review all allegations of wrongdoing the
Integrity Committee receives against an
Inspector General, or against a staff member of
an Office of Inspector General described under
paragraph (4)(C);
(B) refer any allegation of wrongdoing to the
agency of the executive branch with appropriate
jurisdiction over the matter; and
(C) refer to the Chairperson of the Integrity
Committee any allegation of wrongdoing
determined by the Integrity Committee under
subparagraph (A) to be potentially meritorious
that cannot be referred to an agency under
subparagraph (B).
(6) Authority to investigate allegations.--
(A) Requirement.--The Chairperson of the
Integrity Committee shall cause a thorough and
timely investigation of each allegation
referred under paragraph (5)(C) to be conducted
in accordance with this paragraph.
(B) Resources.--At the request of the
Chairperson of the Integrity Committee, the
head of each agency or entity represented on
the Council--
(i) may provide resources necessary
to the Integrity Committee; and
(ii) may detail employees from that
agency or entity to the Integrity
Committee, subject to the control and
direction of the Chairperson, to
conduct an investigation under this
subsection.
(7) Procedures for investigations.--
(A) Standards applicable.--Investigations
initiated under this subsection shall be
conducted in accordance with the most current
Quality Standards for Investigations issued by
the Council or by its predecessors (the
President's Council on Integrity and Efficiency
and the Executive Council on Integrity and
Efficiency).
(B) Additional policies and procedures.--
(i) Establishment.--The Integrity
Committee, in conjunction with the
Chairperson of the Council, shall
establish additional policies and
procedures necessary to ensure fairness
and consistency in--
(I) determining whether to
initiate an investigation;
(II) conducting
investigations;
(III) reporting the results
of an investigation; and
(IV) providing the person who
is the subject of an
investigation with an
opportunity to respond to any
Integrity Committee report.
(ii) Submission to congress.--The
Council shall submit a copy of the
policies and procedures established
under clause (i) to the congressional
committees of jurisdiction.
(C) Reports.--
(i) Potentially meritorious
allegations.--For allegations described
under paragraph (5)(C), the Chairperson
of the Integrity Committee shall make a
report containing the results of the
investigation of the Chairperson and
shall provide such report to members of
the Integrity Committee.
(ii) Allegations of wrongdoing.--For
allegations referred to an agency under
paragraph (5)(B), the head of that
agency shall make a report containing
the results of the investigation and
shall provide such report to members of
the Integrity Committee.
(8) Assessment and final disposition.--
(A) In general.--With respect to any report
received under paragraph (7)(C), the Integrity
Committee shall--
(i) assess the report;
(ii) forward the report, with the
recommendations of the Integrity
Committee, including those on
disciplinary action, within 30 days (to
the maximum extent practicable) after
the completion of the investigation, to
the Executive Chairperson of the
Council and to the President (in the
case of a report relating to an
Inspector General of an establishment
or any employee of that Inspector
General) or the head of a designated
Federal entity (in the case of a report
relating to an Inspector General of
such an entity or any employee of that
Inspector General) for resolution; and
(iii) submit to the Committee on
Government Oversight and Reform of the
House of Representatives, the Committee
on Homeland Security and Governmental
Affairs of the Senate, and other
congressional committees of
jurisdiction an executive summary of
such report and recommendations within
30 days after the submission of such
report to the Executive Chairperson
under clause (ii).
(B) Disposition.--The Executive Chairperson
of the Council shall report to the Integrity
Committee the final disposition of the matter,
including what action was taken by the
President or agency head.
(9) Annual report.--The Council shall submit to
Congress and the President by December 31 of each year
a report on the activities of the Integrity Committee
during the preceding fiscal year, which shall include
the following:
(A) The number of allegations received.
(B) The number of allegations referred to
other agencies, including the number of
allegations referred for criminal
investigation.
(C) The number of allegations referred to the
Chairperson of the Integrity Committee for
investigation.
(D) The number of allegations closed without
referral.
(E) The date each allegation was received and
the date each allegation was finally disposed
of.
(F) In the case of allegations referred to
the Chairperson of the Integrity Committee, a
summary of the status of the investigation of
the allegations and, in the case of
investigations completed during the preceding
fiscal year, a summary of the findings of the
investigations.
(G) Other matters that the Council considers
appropriate.
(10) Requests for more information.--With respect to
paragraphs (8) and (9), the Council shall provide more
detailed information about specific allegations upon
request from any of the following:
(A) The chairperson or ranking member of the
Committee on Homeland Security and Governmental
Affairs of the Senate.
(B) The chairperson or ranking member of the
Committee on Oversight and Government Reform of
the House of Representatives.
(C) The chairperson or ranking member of the
congressional committees of jurisdiction.
(11) No right or benefit.--This subsection is not
intended to create any right or benefit, substantive or
procedural, enforceable at law by a person against the
United States, its agencies, its officers, or any
person.
* * * * * * *
----------
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
* * * * * * *
SEC. 17. INSPECTOR GENERAL FOR THE AGENCY.
(a) Purpose; Establishment.--In order to--
(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and
conduct independently inspections, investigations, and
audits relating to programs and operations of the
Agency;
(2) provide leadership and recommend policies
designed to promote economy, efficiency, and
effectiveness in the administration of such programs
and operations, and detect fraud and abuse in such
programs and operations;
(3) provide a means for keeping the Director fully
and currently informed about problems and deficiencies
relating to the administration of such programs and
operations, and the necessity for and the progress of
corrective actions; and
(4) in the manner prescribed by this section, ensure
that the Senate Select Committee on Intelligence and
the House Permanent Select Committee on Intelligence
(hereafter in this section referred to collectively as
the ``intelligence committees'') are kept similarly
informed of significant problems and deficiencies as
well as the necessity for and the progress of
corrective actions,
there is hereby established in the Agency an Office of
Inspector General (hereafter in this section referred to as the
``Office'').
(b) Appointment; Supervision; Removal.--(1) There shall be at
the head of the Office an Inspector General who shall be
appointed by the President, by and with the advice and consent
of the Senate. 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.
(2) The Inspector General shall report directly to and be
under the general supervision of the Director.
(3) The Director may prohibit the Inspector General from
initiating, carrying out, or completing any audit, inspection,
or investigation if the Director determines that such
prohibition is necessary to protect vital national security
interests of the United States.
(4) If the Director exercises any power under paragraph (3),
he shall submit an appropriately classified statement of the
reasons for the exercise of such power within seven days to the
intelligence committees. The Director shall advise the
Inspector General at the time such report is submitted, and, to
the extent consistent with the protection of intelligence
sources and methods, provide the Inspector General with a copy
of any such report. In such cases, the Inspector General may
submit such comments to the intelligence committees that he
considers appropriate.
(5) In accordance with section 535 of title 28, United States
Code, the Inspector General shall report to the Attorney
General any information, allegation, or complaint received by
the Inspector General relating to violations of Federal
criminal law that involve a program or operation of the Agency,
consistent with such guidelines as may be issued by the
Attorney General pursuant to subsection (b)(2) of such section.
A copy of all such reports shall be furnished to the Director.
(6) The Inspector General may be removed from office only by
the President. The President shall communicate in writing to
the intelligence committees the reasons for any such 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.
(c) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General appointed under this
section--
(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
inspections, investigations, and audits relating to the
programs and operations of the Agency to ensure they
are conducted efficiently and in accordance with
applicable law and regulations;
(2) to keep the Director fully and currently informed
concerning violations of law and regulations, fraud and
other serious problems, abuses and deficiencies that
may occur in such programs and operations, and to
report the progress made in implementing corrective
action;
(3) to take due regard for the protection of
intelligence sources and methods in the preparation of
all reports issued by the Office, 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 his responsibilities, to
comply with generally accepted government auditing
standards.
(d) Semiannual Reports; Immediate Reports of Serious or
Flagrant Problems; Reports of Functional Problems; Reports to
Congress on Urgent Concerns.--(1) The Inspector General shall,
not later than October 31 and April 30 of each year, prepare
and submit to the Director a classified semiannual report
summarizing the activities of the Office during the immediately
preceding six-month periods ending September 30 and March 31,
respectively. Not later than 30 days after the date of the
receipt of such reports, the Director shall transmit such
reports to the intelligence committees with any comments he may
deem appropriate. Such reports shall, at a minimum, include a
list of the title or subject of each inspection, investigation,
review, or audit conducted during the reporting period and--
(A) a description of significant problems, abuses,
and deficiencies relating to the administration of
programs and operations of the Agency identified by the
Office during the reporting period;
(B) a description of the recommendations for
corrective action made by the Office during the
reporting period with respect to significant problems,
abuses, or deficiencies identified in subparagraph (A);
(C) a statement of whether 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;
(D) a certification that the Inspector General has
had full and direct access to all information relevant
to the performance of his functions;
(E) a description of the exercise of the subpoena
authority under subsection (e)(5) by the Inspector
General during the reporting period; and
(F) such recommendations as the Inspector General may
wish to make concerning legislation to promote economy
and efficiency in the administration of programs and
operations undertaken by the Agency, and to detect and
eliminate fraud and abuse in such programs and
operations.
(2) The Inspector General shall report immediately to the
Director whenever he becomes aware of particularly serious or
flagrant problems, abuses, or deficiencies relating to the
administration of programs or operations. The Director shall
transmit such report to the intelligence committees within
seven calendar days, together with any comments he considers
appropriate.
(3) In the event that--
(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution
of the Inspector General's duties or responsibilities;
(B) an investigation, inspection, or audit carried
out by the Inspector General should focus on any
current or former Agency official who--
(i) holds or held a position in the Agency
that is subject to appointment by the
President, by and with the advice and consent
of the Senate, including such a position held
on an acting basis; or
(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.
(C) a matter requires a report by the Inspector
General to the Department of Justice on possible
criminal conduct by a current or former Agency official
described or referred to in subparagraph (B);
(D) the Inspector General receives notice from the
Department of Justice declining or approving
prosecution of possible criminal conduct of any of the
officials described in subparagraph (B); or
(E) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an
investigation, inspection, or audit,
the Inspector General shall immediately notify and submit a
report on such matter to the intelligence committees.
(4) Pursuant to Title V of the National Security Act of 1947,
the Director shall submit to the intelligence committees any
report or findings and recommendations of an inspection,
investigation, or audit conducted by the office which has been
requested by the Chairman or Ranking Minority Member of either
committee.
(5)(A) An employee of the Agency, or of a contractor to the
Agency, 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)(i) 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 notice of that
determination, together with the complaint or information.
(ii) If the Director determines that a complaint or
information transmitted under paragraph (1) would create a
conflict of interest for the Director, the Director shall
return the complaint or information to the Inspector General
with that determination and the Inspector General shall make
the transmission to the Director of National Intelligence. In
such a case, the requirements of this subsection for the
Director of the Central Intelligence Agency apply to the
Director of National Intelligence
(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
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 intelligence committees directly.
(ii) The employee may contact the intelligence committees
directly as described in clause (i) only if the employee--
(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of
the employee's complaint or information and notice of
the employee's intent to contact the intelligence
committees directly; and
(II) obtains and follows from the Director, through
the Inspector General, direction on how to contact the
intelligence committees in accordance with appropriate
security practices.
(iii) A member or employee of one of the intelligence
committees who receives a complaint or information under clause
(i) does so in that member or employee's official capacity as a
member or employee of that 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:
(i) 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 operations of an
intelligence activity involving classified
information, but does not include differences
of opinions concerning public policy matters.
(II) A false statement to Congress, or a
willful withholding from Congress, on an issue
of material fact relating to the funding,
administration, or operation of an intelligence
activity.
(III) An action, including a personnel action
described in section 2302(a)(2)(A) of title 5,
United States Code, constituting reprisal or
threat of reprisal prohibited under subsection
(e)(3)(B) in response to an employee's
reporting an urgent concern in accordance with
this paragraph.
(ii) The term ``intelligence committees'' means the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate.
(H) An individual who has submitted a complaint or
information to the Inspector General under this section may
notify any member of the Permanent Select Committee on
Intelligence of the House of Representatives or the Select
Committee on Intelligence of the Senate, or a staff member of
either such Committee, of the fact that such individual has
made a submission to the Inspector General, and of the date on
which such submission was made.
(e) Authorities of the Inspector General.--(1) The Inspector
General shall have direct and prompt access to the Director
when necessary for any purpose pertaining to the performance of
his duties.
(2) The Inspector General shall have access to any employee
or any employee of a contractor of the Agency whose testimony
is needed for the performance of his duties. In addition, he
shall have direct access to all records, reports, audits,
reviews, documents, papers, recommendations, or other material
which relate to the programs and operations with respect to
which the Inspector General has responsibilities under this
section. Failure on the part of any employee or contractor to
cooperate with the Inspector General shall be grounds for
appropriate administrative actions by the Director, to include
loss of employment or the termination of an existing
contractual relationship.
(3) The Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity constituting a
violation of laws, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority, or a substantial and
specific danger to the public health and safety. Once such
complaint or information has been received from an employee of
the Agency--
(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 providing such
information may be taken by any employee of the Agency
in a position to take such actions, unless the
complaint was made or the information was disclosed
with the knowledge that it was false or with willful
disregard for its truth or falsity.
(4) The Inspector General shall have authority to administer
to or take from any person an oath, affirmation, or affidavit,
whenever necessary in the performance of his duties, which oath
affirmation, or affidavit when administered or taken by or
before an employee of the Office 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 or any tangible thing) and
documentary evidence necessary in the performance of the duties
and responsibilities of the Inspector General.
(B) In the case of Government agencies, the Inspector General
shall obtain information, documents, reports, answers, records,
accounts, papers, and other data and evidence for the purpose
specified in subparagraph (A) using procedures other than by
subpoenas.
(C) The Inspector General may not issue a subpoena for or on
behalf of any other element or component of the Agency.
(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 shall be provided with appropriate
and adequate office space at central and field office
locations, together with such equipment, office supplies,
maintenance services, and communications facilities and
services as may be necessary for the operation of such offices.
(7) (A) Subject to applicable law and the policies of the
Director, the Inspector General shall select, appoint and
employ such officers and employees as may be necessary to carry
out his functions. In making such selections, the Inspector
General shall ensure that such officers and employees have the
requisite training and experience to enable him to carry out
his duties effectively. In this regard, the Inspector General
shall create within his organization a career cadre of
sufficient size to provide appropriate continuity and
objectivity needed for the effective performance of his duties.
(B) Consistent with budgetary and personnel resources
allocated by the Director, the Inspector General has final
approval of--
(i) the selection of internal and external candidates
for employment with the Office of Inspector General;
and
(ii) 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.
(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.
[(9) The Inspector General may request such information or
assistance as may be necessary for carrying out his duties and
responsibilities from any Government agency. Upon request of
the Inspector General for such information or assistance, the
head of the Government agency involved shall, insofar as is
practicable and not in contravention of any existing statutory
restriction or regulation of the Government agency concerned,
furnish to the Inspector General, or to an authorized designee,
such information or assistance. 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.]
(9)(A) The Inspector General may request such information or
assistance as may be necessary for carrying out the duties and
responsibilities of the Inspector General provided by this
section from any Federal, State, or local governmental agency
or unit thereof.
(B) Upon request of the Inspector General for information or
assistance from a department or agency of the Federal
Government, the head of the department or agency involved,
insofar as practicable and not in contravention of any existing
statutory restriction or regulation of such department or
agency, shall furnish to the Inspector General, or to an
authorized designee, such information or assistance.
(C) Nothing in this paragraph may be construed to provide any
new authority to the Central Intelligence Agency to conduct
intelligence activity in the United States.
(D) In this paragraph, the term ``State'' means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
and any territory or possession of the United States.
(f) Separate Budget Account.--(1) Beginning with fiscal year
1991, and in accordance with procedures to be issued by the
Director of National Intelligence in consultation with the
intelligence committees, the Director of National Intelligence
shall include in the National Intelligence Program budget a
separate account for the Office of Inspector General
established pursuant to this section.
(2) For each fiscal year, the Inspector General shall
transmit a budget estimate and request through the Director to
the Director of National Intelligence that specifies for such
fiscal year--
(A) the aggregate amount requested for the operations
of the Inspector General;
(B) the amount requested for all training
requirements of the Inspector General, including a
certification from the Inspector General that the
amount requested is sufficient to fund all training
requirements for the Office; and
(C) the amount requested to support the Council of
the Inspectors General on Integrity and Efficiency,
including a justification for such amount.
(3) In transmitting a proposed budget to the President for a
fiscal year, the Director of National Intelligence shall
include for such fiscal year--
(A) the aggregate amount requested for the Inspector
General of the Central Intelligence Agency;
(B) the amount requested for Inspector General
training;
(C) the amount requested to support the Council of
the Inspectors General on Integrity and Efficiency; and
(D) the comments of the Inspector General, if any,
with respect to such proposed budget.
(4) The Director of National Intelligence shall submit to the
Committee on Appropriations and the Select Committee on
Intelligence of the Senate and the Committee on Appropriations
and the Permanent Select Committee on Intelligence of the House
of Representatives for each fiscal year--
(A) a separate statement of the budget estimate
transmitted pursuant to paragraph (2);
(B) the amount requested by the Director of National
Intelligence for the Inspector General pursuant to
paragraph (3)(A);
(C) the amount requested by the Director of National
Intelligence for training of personnel of the Office of
the Inspector General pursuant to paragraph (3)(B);
(D) the amount requested by the Director of National
Intelligence for support for the Council of the
Inspectors General on Integrity and Efficiency pursuant
to paragraph (3)(C); and
(E) the comments of the Inspector General under
paragraph (3)(D), if any, on the amounts requested
pursuant to paragraph (3), including whether such
amounts would substantially inhibit the Inspector
General from performing the duties of the Office.
(g) Transfer.--There shall be transferred to the Office the
office of the Agency referred to as the ``Office of Inspector
General.'' The personnel, assets, liabilities, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, or available to such ``Office of Inspector
General'' are hereby transferred to the Office established
pursuant to this section.
(h) Information on Website.--(1) The Director of the Central
Intelligence Agency shall establish and maintain on the
homepage of the Agency's publicly accessible website
information relating to the Office of the Inspector General
including methods to contact the Inspector General.
(2) The information referred to in paragraph (1) shall be
obvious and facilitate accessibility to the information related
to the Office of the Inspector General.
* * * * * * *
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010
* * * * * * *
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
* * * * * * *
Subtitle D--Congressional Oversight, Plans, and Reports
* * * * * * *
SEC. 348. INFORMATION ACCESS BY THE COMPTROLLER GENERAL OF THE UNITED
STATES.
(a) DNI Directive Governing Access.--
(1) Requirement for directive.--The Director of
National Intelligence, in consultation with the
Comptroller General of the United States, shall issue a
written directive governing the access of the
Comptroller General to information in the possession of
an element of the intelligence community.
(2) Amendment to directive.--The Director of National
Intelligence, in consultation with the Comptroller
General, may issue an amendment to the directive issued
under paragraph (1) at any time the Director determines
such an amendment is appropriate.
(3) Relationship to other laws.--The directive issued
under paragraph (1) and any amendment to such directive
issued under paragraph (2) shall be consistent with the
provisions of--
(A) chapter 7 of title 31, United States
Code; and
(B) the National Security Act of 1947 (50
U.S.C. 401 et seq.).
(4) Requests by certain congressional committees.--
Consistent with the protection of classified
information, the directive issued under paragraph (1)
shall not prohibit the Comptroller General from
obtaining information necessary to carry out the
following audits or reviews:
(A) An audit or review carried out--
(i) at the request of the
congressional intelligence committees;
or
(ii) pursuant to--
(I) an intelligence
authorization Act;
(II) a committee report or
joint explanatory statement
accompanying an intelligence
authorization Act; or
(III) a classified annex to a
committee report or joint
explanatory statement
accompanying an intelligence
authorization Act.
(B) An audit or review pertaining to
intelligence activities of the Department of
Defense carried out--
(i) at the request of the
congressional defense committees (as
defined in section 101(a)(16) of title
10, United States Code); or
(ii) pursuant to a national defense
authorization Act.
(b) Confidentiality of Information.--
(1) Requirement for confidentiality.--The Comptroller
General of the United States shall ensure that the
level of confidentiality of information made available
to the Comptroller General pursuant to the directive
issued under subsection (a)(1) or an amendment to such
directive issued under subsection (a)(2) is not less
than the level of confidentiality of such information
required of the head of the element of the intelligence
community from which such information was obtained.
(2) Penalties for unauthorized disclosure.--An
officer or employee of the Government Accountability
Office shall be subject to the same statutory penalties
for unauthorized disclosure or use of such information
as an officer or employee of the element of the
intelligence community from which such information was
obtained.
(c) Submission to Congress.--
(1) Submission of directive.--The directive issued
under subsection (a)(1) shall be submitted to Congress
by the Director of National Intelligence, together with
any comments of the Comptroller General of the United
States, no later than May 1, 2011.
(2) Submission of amendment.--Any amendment to such
directive issued under subsection (a)(2) shall be
submitted to Congress by the Director, together with
any comments of the Comptroller General.
(d) Effective Date.--The directive issued under subsection
(a)(1) and any amendment to such directive issued under
subsection (a)(2) shall take effect 60 days after the date such
directive or amendment is submitted to Congress under
subsection (c), unless the Director determines that for reasons
of national security the directive or amendment should take
effect sooner.
* * * * * * *
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HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
SEC. 2008. USE OF FUNDS.
(a) Permitted Uses.--The Administrator shall permit the
recipient of a grant under section 2003 or 2004 to use grant
funds to achieve target capabilities related to preventing,
preparing for, protecting against, and responding to acts of
terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans,
including by working in conjunction with a National Laboratory
(as defined in section 2(3) of the Energy Policy Act of 2005
(42 U.S.C. 15801(3)), through--
(1) developing and enhancing homeland security,
emergency management, or other relevant plans,
assessments, or mutual aid agreements;
(2) designing, conducting, and evaluating training
and exercises, including training and exercises
conducted under section 512 of this Act and section 648
of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 748);
(3) protecting a system or asset included on the
prioritized critical infrastructure list established
under section 210E(a)(2);
(4) purchasing, upgrading, storing, or maintaining
equipment, including computer hardware and software;
(5) ensuring operability and achieving
interoperability of emergency communications;
(6) responding to an increase in the threat level
under the Homeland Security Advisory System, or to the
needs resulting from a National Special Security Event;
(7) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and
regional fusion centers that comply with the guidelines
established under section 210A(i);
(8) enhancing school preparedness;
(9) supporting public safety answering points;
(10) paying salaries and benefits for personnel,
including individuals employed by the grant recipient
on the date of the relevant grant application, to serve
as qualified intelligence analysts, regardless of
whether such analysts are current or new full-time
employees or contract employees;
(11) paying expenses directly related to
administration of the grant, except that such expenses
may not exceed 3 percent of the amount of the grant;
(12) any activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the State
Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program;
and
(13) any other appropriate activity, as determined by
the Administrator.
(b) Limitations on Use of Funds.--
(1) In general.--Funds provided under section 2003 or
2004 may not be used--
(A) to supplant State or local funds, except
that nothing in this paragraph shall prohibit
the use of grant funds provided to a State or
high-risk urban area for otherwise permissible
uses under subsection (a) on the basis that a
State or high-risk urban area has previously
used State or local funds to support the same
or similar uses; or
(B) for any State or local government cost-
sharing contribution.
(2) Personnel.--
(A) In general.--Not more than 50 percent of
the amount awarded to a grant recipient under
section 2003 or 2004 in any fiscal year may be
used to pay for personnel, including overtime
and backfill costs, in support of the permitted
uses under subsection (a).
(B) Waiver.--At the request of the recipient
of a grant under section 2003 or 2004, the
Administrator may grant a waiver of the
limitation under subparagraph (A).
(3) Limitations on discretion.--
(A) In general.--With respect to the use of
amounts awarded to a grant recipient under
section 2003 or 2004 for personnel costs in
accordance with paragraph (2) of this
subsection, the Administrator may not--
(i) impose a limit on the amount of
the award that may be used to pay for
personnel, or personnel-related, costs
that is higher or lower than the
percent limit imposed in paragraph
(2)(A); or
(ii) impose any additional limitation
on the portion of the funds of a
recipient that may be used for a
specific type, purpose, or category of
personnel, or personnel-related, costs.
(B) Analysts.--If amounts awarded to a grant
recipient under section 2003 or 2004 are used
for paying salary or benefits of a qualified
intelligence analyst under subsection (a)(10),
the Administrator shall make such amounts
available without time limitations placed on
the period of time that the analyst can serve
under the grant.
(4) Construction.--
(A) In general.--A grant awarded under
section 2003 or 2004 may not be used to acquire
land or to construct buildings or other
physical facilities.
(B) Exceptions.--
(i) In general.--Notwithstanding
subparagraph (A), nothing in this
paragraph shall prohibit the use of a
grant awarded under section 2003 or
2004 to achieve target capabilities
related to preventing, preparing for,
protecting against, or responding to
acts of terrorism, including through
the alteration or remodeling of
existing buildings for the purpose of
making such buildings secure against
acts of terrorism.
(ii) Requirements for exception.--No
grant awarded under section 2003 or
2004 may be used for a purpose
described in clause (i) unless--
(I) specifically approved by
the Administrator;
(II) any construction work
occurs under terms and
conditions consistent with the
requirements under section
611(j)(9) of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5196(j)(9)); and
(III) the amount allocated
for purposes under clause (i)
does not exceed the greater of
$1,000,000 or 15 percent of the
grant award.
(5) Recreation.--Grants awarded under this subtitle
may not be used for recreational or social purposes.
(c) Multiple-Purpose Funds.--Nothing in this subtitle shall
be construed to prohibit State, local, or tribal governments
from using grant funds under sections 2003 and 2004 in a manner
that enhances preparedness for disasters unrelated to acts of
terrorism, if such use assists such governments in achieving
target capabilities related to preventing, preparing for,
protecting against, or responding to acts of terrorism.
(d) Reimbursement of Costs.--
(1) Paid-on-call or volunteer reimbursement.--In
addition to the activities described in subsection (a),
a grant under section 2003 or 2004 may be used to
provide a reasonable stipend to paid-on-call or
volunteer emergency response providers who are not
otherwise compensated for travel to or participation in
training or exercises related to the purposes of this
subtitle. Any such reimbursement shall not be
considered compensation for purposes of rendering an
emergency response provider an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(2) Performance of federal duty.--An applicant for a
grant under section 2003 or 2004 may petition the
Administrator to use the funds from its grants under
those sections for the reimbursement of the cost of any
activity relating to preventing, preparing for,
protecting against, or responding to acts of terrorism
that is a Federal duty and usually performed by a
Federal agency, and that is being performed by a State
or local government under agreement with a Federal
agency.
(e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or
2004, the Administrator may authorize the grant recipient to
transfer all or part of the grant funds from uses specified in
the grant agreement to other uses authorized under this
section, if the Administrator determines that such transfer is
in the interests of homeland security.
(f) Equipment Standards.--If an applicant for a grant under
section 2003 or 2004 proposes to upgrade or purchase, with
assistance provided under that grant, new equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747),
the applicant shall include in its application an explanation
of why such equipment or systems will serve the needs of the
applicant better than equipment or systems that meet or exceed
such standards.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 51--CLASSIFICATION
* * * * * * *
Sec. 5102. Definitions; application
(a) For the purpose of this chapter--
(1) ``agency'' means--
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Publishing Office;
(E) the Office of the Architect of the
Capitol; and
(F) the government of the District of
Columbia;
but does not include--
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department
of Defense;
(vii) the Government Accountability Office;
[or]
(viii) the Office of the Director of National
Intelligence;
(ix) the Defense Intelligence Agency,
Department of Defense; or
(x) the National Geospatial-Intelligence
Agency, Department of Defense[.];
(2) ``employee'' means an individual employed in or
under an agency;
(3) ``position'' means the work, consisting of the
duties and responsibilities, assignable to an employee;
(4) ``class'' or ``class of positions'' includes all
positions which are sufficiently similar, as to--
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility;
and
(C) the qualification requirements of the
work;
to warrant similar treatment in personnel and pay
administration; and
(5) ``grade'' includes all classes of positions
which, although different with respect to kind or
subject-matter of work, are sufficiently equivalent as
to--
(A) level of difficulty and responsibility;
and
(B) level of qualification requirements of
the work;
to warrant their inclusion within one range of rates of
basic pay in the General Schedule.
(b) Except as provided by subsections (c) and (d) of this
section, this chapter applies to all civilian positions and
employees in or under an agency, including positions in local
boards and appeal boards within the Selective Service System
and employees occupying those positions.
(c) This chapter does not apply to--
(2) members of the Foreign Service whose pay is fixed
under the Foreign Service Act of 1980; and positions in
or under the Department of State which are--
(A) connected with the representation of the
United States to international organizations;
or
(B) specifically exempted by statute from
this chapter or other classification or pay
statute;
(3) physicians, dentists, nurses, and other employees
in the Veterans Health Administration of the Department
of Veterans Affairs whose pay is fixed under chapter 73
of title 38;
(4) teachers, school officials, and employees of the
Board of Education of the District of Columbia whose
pay is fixed under chapter 15 of title 31, District of
Columbia Code; the chief judges and the associate
judges of the Superior Court of the District of
Columbia and the District of Columbia Court of Appeals;
and nonjudicial employees of the District of Columbia
court system whose pay is fixed under title 11 of the
District of Columbia Code;
(5) members of the Metropolitan Police, the Fire
Department of the District of Columbia, the United
States Park Police, and the United States Secret
Service Uniformed Division; members of the police force
of the National Zoological Park whose pay is fixed
under section 5375 of this title; and members of the
police forces of the Bureau of Engraving and Printing
and the United States Mint whose pay is fixed under
section 5378 of this title;
(6) lighthouse keepers and civilian employees on
lightships and vessels of the Coast Guard whose pay is
fixed under section 432(f) and (g) of title 14;
(7) employees in recognized trades or crafts, or
other skilled mechanical crafts, or in unskilled,
semiskilled, or skilled manual-labor occupations, and
other employees including foremen and supervisors in
positions having trade, craft, or laboring experience
and knowledge as the paramount requirement, and
employees in the Bureau of Engraving and Printing whose
duties are to perform or to direct manual or machine
operations requiring special skill or experience, or to
perform or direct the counting, examining, sorting, or
other verification of the product of manual or machine
operations;
(8) officers and members of crews of vessels;
(9) employees of the Government Publishing Office
whose pay is fixed under section 305 of title 44;
(10) civilian professors, instructors, and lecturers
at a professional military education school (and, in
the case of the George C. Marshall European Center for
Security Studies, the Director and the Deputy Director)
whose pay is fixed under section 1595, 4021, 7478, or
9021 of title 10; civilian professors, lecturers, and
instructors at the Military Academy, the Naval Academy,
and the Air Force Academy whose pay is fixed under
sections 4338, 6952, and 9338, respectively, of title
10; senior professors, professors, associate and
assistant professors, and instructors at the Naval
Postgraduate School whose pay is fixed under section
7044 of title 10; the Provost and Academic Dean of the
Naval Postgraduate School whose pay is fixed under
section 7043 of title 10; civilian professors,
instructors, and lecturers in the defense acquisition
university structure (including the Defense Systems
Management College) whose pay is fixed under section
1746(b) of title 10;
(11) aliens or noncitizens of the United States who
occupy positions outside the United States;
(13) employees who serve without pay or at nominal
rates of pay;
(14) employees whose pay is not wholly from
appropriated funds of the United States (other than
employees of the Federal Retirement Thrift Investment
Management System appointed under section 8474(c)(2) of
this title), except that with respect to the Veterans'
Canteen Service, Department of Veterans Affairs this
paragraph applies only to employees necessary for the
transaction of the business of the Service at canteens,
warehouses, and storage depots whose employment is
authorized by section 7802 of title 38;
(15) employees whose pay is fixed under a cooperative
agreement between the United States and--
(A) a State or territory or possession of the
United States, or political subdivision
thereof; or
(B) an individual or organization outside the
service of the Government of the United States;
(16) student nurses, medical or dental interns,
residents-in-training, student dietitians, student
physical therapists, student occupational therapists,
and other student employees, assigned or attached to a
hospital, clinic, or laboratory primarily for training
purposes, whose pay is fixed under subchapter V of
chapter 53 of this title or sections 7405 and 7406 of
title 38;
(17) inmates, patients, or beneficiaries receiving
care or treatment or living in Government agencies or
institutions;
(18) experts or consultants, when employed
temporarily or intermittently in accordance with
section 3109 of this title;
(19) emergency or seasonal employees whose employment
is of uncertain or purely temporary duration, or who
are employed for brief periods at intervals;
(20) employees employed on a fee, contract, or piece
work basis;
(21) employees who may lawfully perform their duties
concurrently with their private profession, business,
or other employment, and whose duties require only a
portion of their time, when it is impracticable to
ascertain or anticipate the proportion of time devoted
to the service of the Government of the United States;
(22) ``teachers'' and ``teaching positions'' as
defined by section 901 of title 20;
(23) administrative patent judges and designated
administrative patent judges in the United States
Patent and Trademark Office;
(24) temporary positions in the Bureau of the Census
established under section 23 of title 13, and
enumerator positions in the Bureau of the Census;
(25) positions for which rates of basic pay are
individually fixed, or expressly authorized to be
fixed, by other statute, at or in excess of the rate
for level V of the Executive Schedule;
(26) civilian members of the faculty of the Coast
Guard Academy whose pay is fixed under section 186 of
title 14;
(27) members of the police of the Library of Congress
whose pay is fixed under section 167 of title 2;
(28) civilian members of the faculty of the Air Force
Institute of Technology whose pay is fixed under
section 9314 of title 10;
(29) administrative law judges appointed under
section 3105; or
(30) members of agency boards of contract appeals
appointed under section 7105(a)(2), (c)(2), or (d)(2)
of title 41.
(d) This chapter does not apply to an employee of the Office
of the Architect of the Capitol whose pay is fixed by other
statute. Subsection (c) of this section, except paragraph (7),
does not apply to the Office of the Architect of the Capitol.
(e) Except as may be specifically provided, this chapter does
not apply for pay purposes to any employee of the government of
the District of Columbia during fiscal year 2006 or any
succeeding fiscal year.
* * * * * * *
----------
SUPPLEMENTAL APPROPRIATIONS ACT, 2009
* * * * * * *
TITLE III--DEPARTMENT OF DEFENSE
* * * * * * *
(INCLUDING TRANSFER OF FUNDS)
* * * * * * *
Sec. 319. (a) Reports Required.--Not later than 60 days after
the date of the enactment of this Act and every 90 days
thereafter, the President shall submit to the members and
committees of Congress specified in subsection (b) a report on
the prisoner population at the detention facility at Naval
Station Guantanamo Bay, Cuba. The reports may be submitted in
classified form.
(b) Specified Members and Committees of Congress.--The
members and committees of Congress specified in this subsection
are the following:
(1) The majority leader and minority leader of the
Senate.
(2) The Chairman and Ranking Member on the Committee
on Armed Services of the Senate.
(3) The Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate.
(4) The Chairman and Vice Chairman of the Committee
on Appropriations of the Senate.
(5) The Speaker of the House of Representatives.
(6) The minority leader of the House of
Representatives.
(7) The Chairman and Ranking Member on the Committee
on Armed Services of the House of Representatives.
(8) The Chairman and Vice Chairman of the Permanent
Select Committee on Intelligence of the House of
Representatives.
(9) The Chairman and Ranking Member of the Committee
on Appropriations of the House of Representatives.
(c) Matters To Be Included.--Each report submitted under
subsection (a) shall include the following:
(1) The name and country of origin of each detainee
at the detention facility at Naval Station Guantanamo
Bay, Cuba, as of the date of such report.
(2) A current summary of the evidence, intelligence,
and information used to justify the detention of each
detainee listed under paragraph (1) at Naval Station
Guantanamo Bay.
(3) A current accounting of all the measures taken to
transfer each detainee listed under paragraph (1) to
the individual's country of citizenship or another
country.
(4) A current description of the number of
individuals released or transferred from detention at
Naval Station Guantanamo Bay who are confirmed or
suspected of returning to terrorist activities after
release or transfer from Naval Station Guantanamo Bay.
(5) An assessment of any efforts by al Qaeda to
recruit detainees released from detention at Naval
Station Guantanamo Bay.
(6) A summary of all contact by any means of
communication, including telecommunications, electronic
or technical means, in person, written communications,
or any other means of communication, regardless of
content, between any individual formerly detained at
Naval Station, Guantanamo Bay, Cuba, and any individual
known or suspected to be associated with a foreign
terrorist group.
(7) A description of whether any of the contact
described in the summary required by paragraph (6)
included any information or discussion about
hostilities against the United States or its allies or
partners.
(8) For each individual described in paragraph (4),
the period of time between the date on which the
individual was released or transferred from Naval
Station, Guantanamo Bay, Cuba, and the date on which it
is confirmed that the individual is suspected or
confirmed of reengaging in terrorist activities.
(9) The average period of time described in paragraph
(8) for all the individuals described in paragraph (4).
(d) Additional Matters To Be Included in Initial Report.--The
first report submitted under subsection (a) shall also include
the following:
(1) A description of the process that was previously
used for screening the detainees described by
subsection (c)(4) prior to their release or transfer
from detention at Naval Station Guantanamo Bay, Cuba.
(2) An assessment of the adequacy of that screening
process for reducing the risk that detainees previously
released or transferred from Naval Station Guantanamo
Bay would return to terrorist activities after release
or transfer from Naval Station Guantanamo Bay.
(3) An assessment of lessons learned from previous
releases and transfers of individuals who returned to
terrorist activities for reducing the risk that
detainees released or transferred from Naval Station
Guantanamo Bay will return to terrorist activities
after their release or transfer.
* * * * * * *
----------
SECTION 1055 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2010
[SEC. 1055. REPORT ON NUCLEAR ASPIRATIONS OF NON-STATE ENTITIES,
NUCLEAR WEAPONS AND RELATED PROGRAMS IN NON-
NUCLEAR-WEAPONS STATES AND COUNTRIES NOT PARTIES TO
THE NUCLEAR NON-PROLIFERATION TREATY, AND CERTAIN
FOREIGN PERSONS.
[(a) In general.--The Director of National Intelligence shall
biennially submit to the congressional defense committees, the
Select Committee on Intelligence of the Senate, the Permanent
Select Committee on Intelligence of the House of
Representatives, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives a report--
[(1) on the nuclear weapons programs and any related
programs of countries that are non-nuclear-weapons
state parties to the Treaty on Non-Proliferation of
Nuclear Weapons, done at Washington, London, and Moscow
July 1, 1968, and entered into force March 5, 1970
(commonly known as the ``Nuclear Non-Proliferation
Treaty'') and countries that are not parties to the
Treaty;
[(2) on the nuclear weapons aspirations of such non-
state entities as the Director considers appropriate to
include in the report; and
[(3) that identifies each foreign person that, during
the period covered by the report, made a material
contribution to the research, development, production,
or acquisition by a country of proliferation concern
of--
[(A) weapons of mass destruction (including
nuclear weapons, chemical weapons, or
biological weapons); or
[(B) ballistic or cruise missile systems.
[(b) Elements.--The report required under subsection (a)
shall include, with respect to each country described in
subsection (a)(1) and each non-state entity referred to in
subsection (a)(2), the following:
[(1) A statement of the number of nuclear weapons
possessed by such country or non-state entity.
[(2) An estimate of the total number of nuclear
weapons that such country or non-state entity seeks to
obtain and, in the case of such non-state entity, an
assessment of the extent to which such non-state entity
is seeking to develop a nuclear weapon or device or
radiological dispersion device.
[(3) A description of the technical characteristics
of any nuclear weapons possessed by such country or
non-state entity.
[(4) A description of nuclear weapons designs
available to such country or non-state entity.
[(5) A description of any sources of assistance with
respect to nuclear weapons design provided to or by
such country or non-state entity and, in the case of
assistance provided by such country or non-state
entity, a description of to whom such assistance was
provided.
[(6) An assessment of the annual capability of such
country and non-state entity to produce new or newly
designed nuclear weapons.
[(7) A description of the type of fissile materials
used in any nuclear weapons possessed by such country
or non-state entity.
[(8) An description of the location and production
capability of any fissile materials production
facilities in such country or controlled by such non-
state entity, the current status of any such
facilities, and any plans by such country or non-state
entity to develop such facilities.
[(9) An identification of the source of any fissile
materials used by such country or non-state entity, if
such materials are not produced in facilities referred
to in paragraph (8).
[(10) An assessment of the intentions of such country
or non-state entity to leverage civilian nuclear
capabilities for a nuclear weapons program.
[(11) A description of any delivery systems available
to such country or non-state entity and an assessment
of whether nuclear warheads have been mated, or there
are plans for such warheads to be mated, to any such
delivery system.
[(12) An assessment of the physical security of the
storage facilities for nuclear weapons in such country
or controlled by such non-state entity.
[(13) An assessment of whether such country is
modernizing or otherwise improving the safety,
security, and reliability of the nuclear weapons
stockpile of such country.
[(14) An assessment of the industrial capability and
capacity of such country or non-state entity to produce
nuclear weapons.
[(15) In the case of a country, an assessment of the
policy of such country on the employment and use of
nuclear weapons.
[(c) References to Other Reports.--Each report submitted
under subsection (a) shall include a copy of any other report
that is incorporated by reference into the report submitted
under subsection (a).
[(d) Unclassified Summary.--Each report submitted under
subsection (a) shall include an unclassified summary of such
report.
[(e) Submittal to Congress.--
[(1) In general.--Except as provided in paragraph
(2), the Director of National Intelligence shall submit
to the congressional defense committees, the Select
Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House
of Representatives the first report required under
subsection (a) by not later than September 1, 2010.
[(2) Notification of delay in submittal.--If the
Director of National Intelligence determines that it
will not be possible for the Director to submit the
first report required under subsection (a) by September
1, 2010, the Director shall, not later than August 1,
2010, submit to the committees specified in paragraph
(1) a notice--
[(A) that such report will not be submitted
by September 1, 2010; and
[(B) setting forth the date by which the
Director will submit such report.
[(f) Conforming Amendment.--Section 722 of the Combatting
Proliferation of Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2369) is repealed.
[(g) Definitions.--In this section:
[(1) Foreign person.--The term ``foreign person''
means any of the following:
[(A) A natural person who is not a citizen of
the United States.
[(B) A corporation, business association,
partnership, society, trust, or other
nongovernmental entity, organization, or group
that is organized under the laws of a foreign
country or has its principal place of business
in a foreign country.
[(C) Any foreign government or foreign
governmental entity operating as a business
enterprise or in any other capacity.
[(D) Any successor, subunit, or subsidiary of
any entity described in subparagraph (B) or
(C).
[(2) Country of proliferation concern.--The term
``country of proliferation concern'' means any country
identified by the Director of Central Intelligence as
having engaged in the acquisition of dual-use and other
technology useful for the development or production of
weapons of mass destruction (including nuclear weapons,
chemical weapons, and biological weapons) or advanced
conventional munitions--
[(A) in the most recent report under section
721 of the Combating Proliferation of Weapons
of Mass Destruction Act of 1996 (50 U.S.C.
2366); or
[(B) in any successor report on the
acquisition by foreign countries of dual-use
and other technology useful for the development
or production of weapons of mass destruction.]
----------
SECTION 3151 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2000
[SEC. 3151. ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE BY THE PEOPLE'S
REPUBLIC OF CHINA.
[(a) Annual Report Required.--The President shall transmit to
Congress an annual report on the steps being taken by the
Department of Energy, the Department of Defense, the Federal
Bureau of Investigation, the Central Intelligence Agency, and
all other relevant executive departments and agencies to
respond to espionage and other intelligence activities by the
People's Republic of China, particularly with respect to--
[(1) the theft of sophisticated United States nuclear
weapons design information; and
[(2) the targeting by the People's Republic of China
of United States nuclear weapons codes and other
national security information of strategic concern.
[(b) Initial Report.--The first report under this section
shall be transmitted not later than March 1, 2000.]
* * * * * * *
----------
ATOMIC ENERGY DEFENSE ACT
* * * * * * *
DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS
* * * * * * *
TITLE XLV--SAFEGUARDS AND SECURITY MATTERS
Subtitle A--Safeguards and Security
* * * * * * *
[SEC. 4508. REPORT ON SECURITY VULNERABILITIES OF NATIONAL SECURITY
LABORATORY COMPUTERS.
[(a) Report Required.--Not later than March 1 of each year,
the National Counterintelligence Policy Board shall prepare a
report on the security vulnerabilities of the computers of the
national security laboratories.
[(b) Preparation of Report.--In preparing the report, the
National Counterintelligence Policy Board shall establish a so-
called ``red team'' of individuals to perform an operational
evaluation of the security vulnerabilities of the computers of
one or more national security laboratories, including by direct
experimentation. Such individuals shall be selected by the
National Counterintelligence Policy Board from among employees
of the Department of Defense, the National Security Agency, the
Central Intelligence Agency, the Federal Bureau of
Investigation, and of other agencies, and may be detailed to
the National Counterintelligence Policy Board from such
agencies without reimbursement and without interruption or loss
of civil service status or privilege.
[(c) Submission of Report to Secretary of Energy and to FBI
Director.--Not later than March 1 of each year, the report
shall be submitted in classified and unclassified form to the
Secretary of Energy and the Director of the Federal Bureau of
Investigation.
[(d) Forwarding to Congressional Committees.--Not later than
30 days after the report is submitted, the Secretary and the
Director shall each separately forward that report, with the
recommendations in classified and unclassified form of the
Secretary or the Director, as applicable, in response to the
findings of that report, to the following:
[(1) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
[(2) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.]
* * * * * * *
Disclosure of Directed Rule Making
H.R. 2596 does not specifically direct any rule makings
within the meaning of 5 U.S.C. 551.
Duplication of Federal Programs
H.R. 2596 does not duplicate or reauthorize an established
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
The Intelligence Committee advanced the bipartisan
Intelligence Authorization Act (IAA) for Fiscal Year (FY) 2016
by voice vote.
The annual Intelligence Authorization Act is a critical
piece of legislation that ensures U.S. intelligence
professionals are fully resourced and authorized to exercise
those intelligence activities that protect the nation from the
myriad threats the U.S. faces at home and abroad. At the same
time, the bill ensures that the Committee maintains rigorous
oversight of all intelligence activities, even the most
sensitive programs undertaken by the Intelligence Community.
The FY 2016 IAA is thorough in scope and carefully
considered given the current fiscal environment. The
authorizations included in this bill provide for overall
funding at about 1% below the President's FY16 budget request,
and about 7% above the FY15 enacted budget level. This bill
makes cuts to less effective programs, adds money to
underfunded programs, and requires that intelligence agencies
regularly inform the Committee of efforts to increase
efficiencies, which ensures that allocated funds are spent
responsibly. This is how the budget serves as a critical
oversight tool for the Committee.
Importantly, the FY16 IAA:
a. Continues to support our overhead architecture by
funding our most critical programs, investing in space
protection and resiliency, preserving investments in
cutting-edge technologies, and by enhancing oversight
of contracting and procurement practices;
b. Promotes foreign partner capabilities;
c. Provides enhancements to human intelligence
capabilities and ensures sound oversight throughout
CIA's reorganization process;
d. Continues the Committee's emphasis on
counterintelligence and security reforms, in particular
this year at the Department of Energy, which is charged
with protecting some of our most sensitive national
security programs;
e. Provides resources to safeguard valuable signals
intelligence collection while enhancing oversight of
these and other sources of intelligence;
f. It emphasizes collection to monitor and ensure
compliance with treaties and potential international
agreements; and
g. Enhances oversight of Defense Special Operations
Forces activities worldwide.
A weakness of the bill, however, is that while it largely
makes appropriate cuts to some programs and adds wisely to
others, it does so by using short-term Overseas Contingency
Operations funding to evade the Budget Control Act (BCA) caps.
The Minority continues to have concerns with BCA funding caps
and with the effort to circumvent these limits for defense-
related programs only. The IAA in particular funds certain
programs that cannot benefit from OCO funding, and should
otherwise be funded at the appropriate levels.
Another weakness of the bill is the restrictions on closing
the prison at Guantanamo Bay. The Minority is deeply concerned
that the continued operation of the prison at Guantanamo Bay
serves as a recruitment tool for militants, undercuts our
relationships with our allies and our reputation for adherence
to the rule of law. We support an orderly closure of Guantanamo
Bay and the continued incarceration of those who pose a danger
to the United States and our allies in appropriate and secure
facilities elsewhere. Accordingly, Ranking Member Schiff
introduced an amendment to strike these provisions.
The Minority is also troubled with a lack of hard data--
even at a classified level--on the total number of combatants
and noncombatant civilians killed and injured as a result of
targeted lethal strikes from remotely piloted aircraft. Ranking
Member Schiff offered a classified amendment along the lines of
an unclassified amendment he offered last year on this issue.
In addition, the Minority introduced a variety of
amendments to strengthen the bill which did not pass, but
reflect continued areas of emphasis. Mr. Himes introduced an
amendment to modify a provision that unduly restricts the
Privacy and Civil Liberties Oversight Board's jurisdiction into
Covert Action. In addition, Mr. Swalwell introduced an
amendment to extend federal loan repayment to the men and women
of our National Labs, which would have helped aid the IC in
gaining expertise from the best and the brightest.
The Minority also has concerns with certain provisions
regarding military intelligence programs, including the cuts to
a priority Army intelligence program which serves as the
information sharing backbone for soldiers operating worldwide,
and with the bill's provision of additional funding for a Naval
Intelligence, Surveillance and Reconnaissance platform that
lacks certain collection capabilities, which the Committee has
opposed in previous bills.
Despite these and other challenges, which we will work to
fix as the bill moves forward, the House Intelligence Committee
reached agreement on this bill in a bipartisan manner, and many
important Minority amendments were incorporated in the
Chairman's Mark or the Manager's Amendment, including:
a. Ms. Sewell's amendment to ensure enhanced support
for diversity programs by directing additional efforts
to expand programs to rural universities;
b. Mr. Carson's provisions to better understand FBI
resource allocation against domestic and foreign
threats, and FBI and DNI roles in countering violent
extremism;
c. Ms. Speier's provision providing greater oversight
of the IC's liaison relationships;
d. Mr. Quigley's provision regarding intelligence
support to Ukraine; and
e. Mr. Swalwell's provision to clarify that DOE
National Labs can work with state and local government
recipients of homeland security grants.
f. Mr. Himes' effort to enhance the metrics involved
in a critically important IC program.
Ultimately, while the Minority has some serious concerns,
it supports this bill and remains committed to working to
improve it throughout the process.
Adam B. Schiff.
Luis V. Gutierrez.
James A. Himes.
Terri A. Sewell.
Andre Carson.
Jackie Speier.
Mike Quigley.
Eric Swalwell.
Patrick Murphy.
[all]
