[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5959 Placed on Calendar Senate (PCS)]
Calendar No. 888
110th CONGRESS
2d Session
H. R. 5959
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 17, 2008
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2009 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Limitation on the use of covert action funds.
Sec. 106. Prohibition on use of funds to implement ``5 and out''
program of the Federal Bureau of
Investigation.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of
the Central Intelligence Agency Retirement
Act.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements
of the intelligence community.
Sec. 303. Multi-level security clearances.
Sec. 304. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 305. Annual personnel level assessments for the intelligence
community.
Sec. 306. Comprehensive report on intelligence community contractors.
Sec. 307. Report on proposed pay for performance intelligence community
personnel management system.
Sec. 308. Report on plans to increase diversity within the intelligence
community.
Sec. 309. Report on security clearance determinations.
Sec. 310. Sense of Congress regarding the need for a robust workforce.
Subtitle B--Other Matters
Sec. 311. Restriction on conduct of intelligence activities.
Sec. 312. Clarification of definition of intelligence community under
the National Security Act of 1947.
Sec. 313. Modification of availability of funds for different
intelligence activities.
Sec. 314. Protection of certain national security information.
Sec. 315. Extension of authority to delete information about receipt
and disposition of foreign gifts and
decorations.
Sec. 316. Report on compliance with the Detainee Treatment Act of 2005
and related provisions of the Military
Commissions Act of 2006.
Sec. 317. Incorporation of reporting requirements.
Sec. 318. Repeal of certain reporting requirements.
Sec. 319. Enhancement of critical skills training program.
Sec. 320. Comprehensive national cybersecurity initiative advisory
panel.
Sec. 321. Exception to alternative fuel procurement requirement.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Clarification of limitation on colocation of the Office of
the Director of National Intelligence.
Sec. 402. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 403. Additional duties of the Director of Science and Technology.
Sec. 404. Leadership and location of certain offices and officials.
Sec. 405. Plan to implement recommendations of the data center energy
efficiency reports.
Sec. 406. Semiannual reports on nuclear programs of Iran, Syria, and
North Korea.
Sec. 407. Title of Chief Information Officer of the Intelligence
Community.
Sec. 408. Inspector General of the Intelligence Community.
Sec. 409. Annual report on foreign language proficiency in the
intelligence community.
Sec. 410. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 411. National intelligence estimate on weapons of mass destruction
in Syria.
Sec. 412. Report on intelligence resources dedicated to Iraq and
Afghanistan.
Sec. 413. Ombudsman for intelligence community security clearances.
Sec. 414. Security clearance reciprocity.
Sec. 415. Report on international traffic in arms regulations.
Sec. 416. Report on nuclear trafficking.
Sec. 417. Study on revoking pensions of persons who commit unauthorized
disclosures of classified information.
Sec. 418. Memorandum to holders of National Intelligence Estimate on
Iran.
Sec. 419. National Intelligence Estimate on production and sale of
narcotics in support of international
terrorism.
Subtitle B--Central Intelligence Agency
Sec. 421. Review of covert action programs by Inspector General of the
Central Intelligence Agency.
Sec. 422. Inapplicability to Director of the Central Intelligence
Agency of requirement for annual report on
progress in auditable financial statements.
Sec. 423. Technical amendments relating to titles of certain Central
Intelligence Agency positions.
Sec. 424. Clarifying amendments relating to section 105 of the
Intelligence Authorization Act for Fiscal
Year 2004.
Sec. 425. Prohibition on the use of private contractors for
interrogations involving persons in the
custody or control of the Central
Intelligence Agency.
Sec. 426. Report on activities of the Central Intelligence Agency in
Argentina.
Subtitle C--Defense Intelligence Components
Sec. 431. Integration of the Counterintelligence Field Activity into
the Defense Intelligence Agency.
Subtitle D--Other Elements
Sec. 441. Clarification of inclusion of Coast Guard and Drug
Enforcement Administration as elements of
the intelligence community.
Sec. 442. Report on transformation of the intelligence capabilities of
the Federal Bureau of Investigation.
TITLE V--OTHER MATTERS
Subtitle A--General Intelligence Matters
Sec. 501. Extension of National Commission for the Review of the
Research and Development Programs of the
United States Intelligence Community.
Sec. 502. Amendments to the National Security Act of 1947.
Sec. 503. Report on financial intelligence on terrorist assets.
Sec. 504. Notice of intelligence regarding North Korea and China.
Sec. 505. Sense of Congress regarding use of intelligence resources.
Sec. 506. Sense of Congress regarding Colombian paramilitary
organizations.
Sec. 507. Jihadists.
Subtitle B--Technical Amendments
Sec. 511. Technical amendment to the Central Intelligence Agency Act of
1949.
Sec. 512. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 513. Technical clarification of certain references to Joint
Military Intelligence Program and Tactical
Intelligence and Related Activities.
Sec. 514. Technical amendments to the National Security Act of 1947.
Sec. 515. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 516. Technical amendments to the Executive Schedule.
Sec. 517. Technical amendments relating to the National Geospatial-
Intelligence Agency.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2009
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, 2009, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany the
conference report on the bill H.R. 5959 of the One Hundred Tenth
Congress.
(b) Availability of Classified Schedule of Authorizations.--The
classified Schedule of Authorizations referred to in subsection (a)
shall be made available to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
(c) Earmarks.--
(1) In general.--Nothing in the classified Schedule of
Authorizations, the joint explanatory statement to accompany
the conference report on the bill H.R. 5959 of the One Hundred
Tenth Congress, or the classified annex to this Act, shall be
construed to authorize or require the expenditure of funds for
an earmarked purpose.
(2) Earmarked purpose defined.--In this subsection, the
term ``earmarked purpose'' means a provision or report language
included primarily at the request of a Member, Delegate,
Resident Commissioner of the House of Representatives or a
Senator providing, authorizing, or recommending a specific
amount of discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan guarantee,
grant, loan authority, or other expenditure with or to an
entity, or targeted to a specific State, locality, or
Congressional district, other than through a statutory or
administrative formula-driven or competitive award process.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--With the approval of the Director of
the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2009 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) 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 2009 the sum of
$648,842,000. 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,
2010.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 772 full-time or full-time equivalent
personnel as of September 30, 2009. Personnel serving in such elements
may be permanent employees of the Office of the Director of National
Intelligence or personnel detailed from other elements of the United
States Government.
(c) Construction of Authorities.--The authorities available to the
Director of National Intelligence under section 103 are also available
to the Director for the adjustment of personnel levels within the
Intelligence Community Management Account.
(d) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2009 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, 2010.
(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,
2009, 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).
SEC. 105. LIMITATION ON THE USE OF COVERT ACTION FUNDS.
(a) In General.--Not more than 25 percent of the funds authorized
to be appropriated by this Act for the National Intelligence Program
for covert actions may be obligated or expended until the date on which
each member of the congressional intelligence committees has been fully
and currently briefed on all authorizations for covert actions in
effect on April 24, 2008.
(b) Covert Action Defined.--In this section, the term ``covert
action'' has the meaning given the term in section 503(g) of the
National Security Act of 1947 (50 U.S.C. 413b(e)).
SEC. 106. PROHIBITION ON USE OF FUNDS TO IMPLEMENT ``5 AND OUT''
PROGRAM OF THE FEDERAL BUREAU OF INVESTIGATION.
None of the funds authorized to be appropriated in this Act may be
used to implement the program of the Federal Bureau of Investigation
requiring the mandatory reassignment of a supervisor of the Bureau
after such supervisor serves in a management position for 5 years
(commonly known as the ``5 and out'' program).
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 2009 the sum of
$279,200,000.
SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION OF
THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
Subparagraph (A) of section 235(b)(1) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2055(b)(1)) is amended by striking
``receiving compensation under the Senior Intelligence Service pay
schedule at the rate'' and inserting ``who is at the Senior
Intelligence Service rank''.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO ELEMENTS
OF THE INTELLIGENCE COMMUNITY.
Except as provided in section 113 of the National Security Act of
1947 (50 U.S.C. 404h) and section 904(g)(2) of the Counterintelligence
Enhancement Act of 2002 (title IX of Public Law 107-306; 50 U.S.C.
402c(g)(2)) and notwithstanding any other provision of law, in any
fiscal year after fiscal year 2008 an officer or employee of the United
States or member of the Armed Forces may be detailed to the staff of an
element of the intelligence community funded through the Community
Management Account from another element of the United States Government
on a reimbursable or nonreimbursable basis, as jointly agreed to by the
Director of National Intelligence and the head of the detailing element
(or the designees of such officials), for a period not to exceed 2
years.
SEC. 303. MULTI-LEVEL SECURITY CLEARANCES.
(a) In General.--Section 102A of the National Security Act of 1947
(50 U.S.C. 403-1) is amended by adding at the end the following new
subsection:
``(s) Multi-Level Security Clearances.--The Director of National
Intelligence shall be responsible for ensuring that the elements of the
intelligence community adopt a multi-level security clearance approach
in order to enable the intelligence community to make more effective
and efficient use of persons proficient in foreign languages or with
cultural, linguistic, or other subject matter expertise that is
critical to national security.''.
(b) Implementation.--The Director of National Intelligence shall
issue guidelines to the intelligence community on the implementation of
subsection (s) of section 102A of the National Security Act of 1947, as
added by subsection (a), not later than 90 days after the date of the
enactment of this Act.
SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR
INTELLIGENCE COLLECTION PERSONNEL.
(a) Delegation of Authority.--Section 116(b) of the National
Security Act of 1947 (50 U.S.C. 404k(b)) is amended--
(1) by inserting ``(1)'' before ``The Director'';
(2) in paragraph (1), as designated by paragraph (1) of
this subsection, by striking ``may only delegate'' and all that
follows and inserting ``may delegate the authority in
subsection (a) to the head of any other element of the
intelligence community.''; and
(3) by adding at the end the following new paragraph:
``(2) The head of an element of the intelligence community to whom
the authority in subsection (a) is delegated pursuant to paragraph (1)
may further delegate such authority to such senior officials of such
element as are specified in guidelines prescribed by the Director of
National Intelligence for purposes of this paragraph.''.
(b) Submission of Guidelines to Congress.--Not later than 6 months
after the date of the enactment of this Act, the Director of National
Intelligence shall prescribe and submit to the congressional
intelligence committees the guidelines referred to in paragraph (2) of
section 116(b) of the National Security Act of 1947, as added by
subsection (a).
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by inserting after section 506A the
following new section:
``annual personnel level assessment for the intelligence community
``Sec. 506B. (a) Requirement To Provide.--The Director of National
Intelligence shall, in consultation with the head of the element of the
intelligence community concerned, prepare an annual personnel level
assessment for such element of the intelligence community that assesses
the personnel levels for each such element for the fiscal year
following the fiscal year in which the assessment is submitted.
``(b) Schedule.--Each assessment required by subsection (a) shall
be submitted to the congressional intelligence committees each year
along with the budget submitted by the President under section 1105 of
title 31, United States Code.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain, at a minimum, the
following information for the element of the intelligence community
concerned:
``(1) The budget submission for personnel costs for the
upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs of the current
fiscal year.
``(3) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs during the prior
5 fiscal years.
``(4) The number of personnel positions requested for the
upcoming fiscal year.
``(5) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions of
the current fiscal year.
``(6) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions
during the prior 5 fiscal years.
``(7) The best estimate of the number and costs of
contractors to be funded by the element for the upcoming fiscal
year.
``(8) The numerical and percentage increase or decrease of
such costs of contractors as compared to the best estimate of
the costs of contractors of the current fiscal year.
``(9) The numerical and percentage increase or decrease of
such costs of contractors as compared to the cost of
contractors, and the number of contractors, during the prior 5
fiscal years.
``(10) A written justification for the requested personnel
and contractor levels.
``(11) The number of intelligence collectors and analysts
employed or contracted by each element of the intelligence
community.
``(12) A list of all contractors that have been the subject
of an investigation completed by the Inspector General of any
element of the intelligence community during the preceding
fiscal year, or are or have been the subject of an
investigation by such an Inspector General during the current
fiscal year.
``(13) A statement by the Director of National Intelligence
that, based on current and projected funding, the element
concerned will have sufficient--
``(A) internal infrastructure to support the
requested personnel and contractor levels;
``(B) training resources to support the requested
personnel levels; and
``(C) funding to support the administrative and
operational activities of the requested personnel
levels.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting after the item relating to section
506A the following new item:
``Sec. 506B. Annual personnel level assessment for the intelligence
community.''.
SEC. 306. COMPREHENSIVE REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirement for Report.--Not later than November 1, 2008, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report describing the use of personal
services contracts across the intelligence community, the impact of
such contractors on the intelligence community workforce, plans for
conversion of contractor employment into government employment, and the
accountability mechanisms that govern the performance of such
contractors.
(b) Content.--
(1) In general.--The report submitted under subsection (a)
shall include--
(A) a description of any relevant regulations or
guidance issued by the Director of National
Intelligence or the head of an element of the
intelligence community relating to minimum standards
required regarding the hiring, training, security
clearance, and assignment of contract personnel and how
those standards may differ from those for government
employees performing substantially similar functions;
(B) an identification of contracts where the
contractor is performing a substantially similar
functions to a government employee;
(C) an assessment of costs incurred or savings
achieved by awarding contracts for the performance of
such functions referred to in subparagraph (B) instead
of using full-time employees of the elements of the
intelligence community to perform such functions;
(D) an assessment of the appropriateness of using
contractors to perform the activities described in
paragraph (2);
(E) an estimate of the number of contracts, and the
number of personnel working under such contracts,
related to the performance of activities described in
paragraph (2);
(F) a comparison of the compensation of contract
employees and government employees performing
substantially similar functions;
(G) an analysis of the attrition of government
personnel for contractor positions that provide
substantially similar functions;
(H) a description of positions that will be
converted from contractor employment to government
employment;
(I) an analysis of the oversight and accountability
mechanisms applicable to personal services contracts
awarded for intelligence activities by each element of
the intelligence community during fiscal years 2006 and
2007;
(J) an analysis of procedures in use in the
intelligence community for conducting oversight of
contractors to ensure identification and prosecution of
criminal violations, financial waste, fraud, or other
abuses committed by contractors or contract personnel;
and
(K) an identification of best practices for
oversight and accountability mechanisms applicable to
personal services contracts.
(2) Activities.--Activities described in this paragraph are
the following:
(A) Intelligence collection.
(B) Intelligence analysis.
(C) Covert actions, including rendition, detention,
and interrogation activities.
SEC. 307. REPORT ON PROPOSED PAY FOR PERFORMANCE INTELLIGENCE COMMUNITY
PERSONNEL MANAGEMENT SYSTEM.
(a) Prohibition on Pay for Performance Until Report.--The Director
of National Intelligence and the head of an element of the intelligence
community may not implement a plan that provides compensation to
personnel of that element of the intelligence community based on
performance until the date that is 45 days after the date on which the
Director of National Intelligence submits a report for that element
under subsection (b).
(b) Report.--The Director of National Intelligence shall submit to
Congress a report on performance-based compensation for each element of
the intelligence community, including, with respect to each such
element--
(1) a description of a proposed employee advisory group to
advise management on the implementation and management of a pay
for performance system in that element, including the scope of
responsibility of the group and the plan for the element for
ensuring diversity in the selection of members of the advisory
group;
(2) a certification that all managers who will participate
in setting performance standards and pay pool administration
have been trained on the implementing guidance of the system
and the criteria upon which the certification is granted; and
(3) a description of an external appeals mechanism for
employees who wish to appeal pay decisions to someone outside
the management chain of the element employing such employee.
SEC. 308. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE INTELLIGENCE
COMMUNITY.
(a) Requirement for Report.--Not later than November 1, 2008, the
Director of National Intelligence, in coordination with the heads of
the elements of the intelligence community, shall submit to the
congressional intelligence committees a report on the plans of each
element to increase diversity within the intelligence community.
(b) Content.--The report required by subsection (a) shall include
specific implementation plans to increase diversity within each element
of the intelligence community, including--
(1) specific implementation plans for each such element
designed to achieve the goals articulated in the strategic plan
of the Director of National Intelligence on equal employment
opportunity and diversity;
(2) specific plans and initiatives for each such element to
increase recruiting and hiring of diverse candidates;
(3) specific plans and initiatives for each such element to
improve retention of diverse Federal employees at the junior,
midgrade, senior, and management levels;
(4) a description of specific diversity awareness training
and education programs for senior officials and managers of
each such element; and
(5) a description of performance metrics to measure the
success of carrying out the plans, initiatives, and programs
described in paragraphs (1) through (4).
SEC. 309. REPORT ON SECURITY CLEARANCE DETERMINATIONS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by adding at the end the following new
section:
``report on security clearance determinations
``Sec. 508. Not later than February 1 of each year, the Director
of the Office of Management and Budget shall submit to Congress a
report on security clearance determinations completed or ongoing during
the preceding fiscal year that have taken longer than 1 year to
complete. Such report shall include--
``(1) the number of security clearance determinations for
positions as employees of the Federal Government that required
more than 1 year to complete;
``(2) the number of security clearance determinations for
contractors that required more than 1 year to complete;
``(3) the agencies that investigated and adjudicated such
determinations; and
``(4) the cause of significant delays in such
determinations.''.
(b) Conforming Amendment.--The table of contents in the first
section of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is
further amended by inserting after the item relating to section 507 the
following new item:
``Sec. 508. Report on security clearance determinations.''.
SEC. 310. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST WORKFORCE.
It is the sense of Congress that--
(1) a robust and highly skilled aerospace industry
workforce is critical to the success of intelligence community
programs and operations;
(2) voluntary attrition, the retirement of many senior
workers, and difficulties in recruiting could leave the
intelligence community without access to the intellectual
capital and technical capabilities necessary to identify and
respond to potential threats; and
(3) the Director of National Intelligence should work
cooperatively with other agencies of the Federal Government
responsible for programs related to space and the aerospace
industry to develop and implement policies, including those
with an emphasis on improving science, technology, engineering,
and mathematics education at all levels, to sustain and expand
the diverse workforce available to the intelligence community.
Subtitle B--Other Matters
SEC. 311. 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. 312. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER
THE NATIONAL SECURITY ACT OF 1947.
Subparagraph (L) of section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)) is amended by striking ``other'' the second
place it appears.
SEC. 313. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT
INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National Security Act
of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows:
``(B) the use of such funds for such activity supports an
emergent need, improves program effectiveness, or increases
efficiency; and''.
SEC. 314. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION.
(a) Increase in Penalties for Disclosure of Undercover Intelligence
Officers and Agents.--
(1) Disclosure of agent after access to information
identifying agent.--Subsection (a) of section 601 of the
National Security Act of 1947 (50 U.S.C. 421) is amended by
striking ``ten years'' and inserting ``15 years''.
(2) Disclosure of agent after access to classified
information.--Subsection (b) of such section is amended by
striking ``five years'' and inserting ``10 years''.
(b) Modifications to Annual Report on Protection of Intelligence
Identities.--The first sentence of section 603(a) of the National
Security Act of 1947 (50 U.S.C. 423(a)) is amended by inserting
``including an assessment of the need for any modification of this
title for the purpose of improving legal protections for covert
agents,'' after ``measures to protect the identities of covert
agents,''.
SEC. 315. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT RECEIPT
AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.
Paragraph (4) of section 7342(f) of title 5, United States Code, is
amended to read as follows:
``(4)(A) In transmitting such listings for an element of the
intelligence community, the head of such element may delete the
information described in subparagraph (A) or (C) of paragraph (2) or in
subparagraph (A) or (C) of paragraph (3) if the head of such element
certifies in writing to the Secretary of State that the publication of
such information could adversely affect United States intelligence
sources or methods.
``(B) Any information not provided to the Secretary of State
pursuant to the authority in subparagraph (A) shall be transmitted to
the Director of National Intelligence who shall keep a record of such
information.
``(C) In this paragraph, the term `intelligence community' has the
meaning given the term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).''.
SEC. 316. REPORT ON COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 2005
AND RELATED PROVISIONS OF THE MILITARY COMMISSIONS ACT OF
2006.
(a) Report Required.--Not later than November 1, 2008, the Director
of National Intelligence shall submit to the congressional intelligence
committees a comprehensive report on all measures taken by the Office
of the Director of National Intelligence and by each element, if any,
of the intelligence community with relevant responsibilities to comply
with the provisions of the Detainee Treatment Act of 2005 (title X of
division A of Public Law 109-148; 119 Stat. 2739) and related
provisions of the Military Commissions Act of 2006 (Public Law 109-366;
120 Stat. 2600).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
section 1003 of the Detainee Treatment Act of 2005 (119 Stat.
2739; 42 U.S.C. 2000dd) and section 6 of the Military
Commissions Act of 2006 (120 Stat. 2632; 18 U.S.C. 2441 note)
(including the amendments made by such section 6), and, with
respect to each such method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such
determination.
(2) A description of the detention or interrogation
methods, if any, the use of which has been discontinued
pursuant to the Detainee Treatment Act of 2005 or the Military
Commission Act of 2006, and, with respect to each such method--
(A) an identification of the official making the
determination to discontinue such method; and
(B) a statement of the basis for such
determination.
(3) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to each
such action--
(A) an identification of the official taking such
action; and
(B) a statement of the basis for such action.
(4) Any other matters that the Director considers necessary
to fully and currently inform the congressional intelligence
committees about the implementation of the Detainee Treatment
Act of 2005 and related provisions of the Military Commissions
Act of 2006.
(5) An appendix containing--
(A) all guidelines for the application of the
Detainee Treatment Act of 2005 and related provisions
of the Military Commissions Act of 2006 to the
detention or interrogation activities, if any, of any
element of the intelligence community; and
(B) all legal justifications of the Department of
Justice, including any office thereof, about the
meaning or application of the Detainee Treatment Act of
2005 or related provisions of the Military Commissions
Act of 2006 with respect to the detention or
interrogation activities, if any, of any element of the
intelligence community.
(c) Form.--The report required by subsection (a) shall be submitted
in classified form.
(d) Submission to the Congressional Armed Services Committees.--To
the extent that the report required by subsection (a) addresses an
element of the intelligence community within the Department of Defense,
that portion of the report, and any associated material that is
necessary to make that portion understandable, shall also be submitted
by the Director of National Intelligence to the congressional armed
services committees.
(e) Congressional Armed Services Committee Defined.--In this
section, the term ``congressional armed services committees'' means--
(1) the Committee on Armed Services of the Senate; and
(2) the Committee on Armed Services of the House of
Representatives.
SEC. 317. INCORPORATION OF REPORTING REQUIREMENTS.
Each requirement to submit a report to the congressional
intelligence committees that is included in the classified annex to
this Act is hereby incorporated into this Act and is hereby made a
requirement in law.
SEC. 318. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Certification on Counterintelligence Initiatives.--
Section 1102(b) of the National Security Act of 1947 (50 U.S.C.
442a(b)) is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(b) Report and Certification Under Terrorist Identification
Classification System.--Section 343 of the Intelligence Authorization
Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
(c) Annual Report on Counterdrug Intelligence Matters.--Section 826
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed.
(d) Conforming Amendments.--Section 507(a)(2) of the National
Security Act of 1947 (50 U.S.C. 415b(a)(2)) is amended by striking
subparagraph (D).
SEC. 319. ENHANCEMENT OF CRITICAL SKILLS TRAINING PROGRAM.
(a) National Security Agency.--Subsection (e) of section 16 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by
striking ``(1) When an employee'' and all that follows through ``(2)
Agency efforts'' and inserting ``Agency efforts''.
(b) Other Elements of the Intelligence Community.--
(1) In general.--The National Security Act of 1947 is
amended by inserting after section 1021 (50 U.S.C. 441m) the
following new section:
``intelligence community acquisition of critical skills
``Sec. 1022. (a) In General.--The head of an appropriate
department may assign civilian employees of an element of the
intelligence community that is a component of such appropriate
department as students at accredited professional, technical, and other
institutions of higher learning for training at the undergraduate level
in skills critical to effective performance of the mission of such
element of the intelligence community.
``(b) Payment of Expenses.--The head of an appropriate department
may pay, directly or by reimbursement to employees, expenses incident
to assignments under subsection (a), in any fiscal year only to the
extent that appropriated funds are available for such purpose.
``(c) Eligibility.--
``(1) In general.--To be eligible for assignment under
subsection (a), an employee of an element of the intelligence
community must agree in writing--
``(A) to continue in the service of such element
for the period of the assignment and to complete the
educational course of training for which the employee
is assigned;
``(B) to continue in the service of such element
following completion of the assignment for a period of
one-and-a-half years for each year of the assignment or
part thereof;
``(C) to reimburse the United States for the total
cost of education (excluding the employee's pay and
allowances) provided under this section to the employee
if, prior to the employee's completing the educational
course of training for which the employee is assigned,
the assignment or the employee's employment with such
element is terminated either by such element due to
misconduct by the employee or by the employee
voluntarily; and
``(D) to reimburse the United States if, after
completing the educational course of training for which
the employee is assigned, the employee's employment
with such element is terminated either by such element
due to misconduct by the employee or by the employee
voluntarily, prior to the employee's completion of the
service obligation period described in subparagraph
(B), in an amount that bears the same ratio to the
total cost of the education (excluding the employee's
pay and allowances) provided to the employee as the
unserved portion of the service obligation period
described in subparagraph (B) bears to the total period
of the service obligation described in subparagraph
(B).
``(2) Debt owing the united states.--Subject to paragraph
(3), the obligation to reimburse the United States under an
agreement described in paragraph (1), including interest due on
such obligation, is for all purposes a debt owing the United
States.
``(3) Reimbursement.--
``(A) Bankruptcy.--A discharge in bankruptcy under
title 11, United States Code, shall not release a
person from an obligation to reimburse the United
States required under an agreement described in
paragraph (1) if the final decree of the discharge in
bankruptcy is issued within five years after the last
day of the combined period of service obligation
described in subparagraphs (A) and (B) of paragraph
(1).
``(B) Release.--The head of an appropriate
department may release a person, in whole or in part,
from the obligation to reimburse the United States
under an agreement described in paragraph (1) when, in
the discretion of such head of an appropriate
department, such head of an appropriate department
determines that equity or the interests of the United
States so require.
``(C) Monthly payments.--The head of an appropriate
department shall permit an employee assigned under this
section who, prior to commencing a second academic year
of such assignment, voluntarily terminates the
assignment or the employee's employment with the
element of the intelligence community that is a
component of such appropriate department, to satisfy
the employee's obligation under an agreement described
in paragraph (1) to reimburse the United States by
reimbursement according to a schedule of monthly
payments which results in completion of reimbursement
by a date five years after the date of termination of
the assignment or employment or earlier at the option
of the employee.
``(d) Recruitment.--Efforts by an element of the intelligence
community to recruit individuals at educational institutions for
participation in the undergraduate training program established by this
section shall be made openly and according to the common practices of
universities and employers recruiting at such institutions.
``(e) Inapplication of Provisions on Training.--Chapter 41 of title
5 and subsections (a) and (b) of section 3324 of title 31, United
States Code, shall not apply with respect to this section.
``(f) Regulations.--A head of the appropriate department assigning
employees in accordance with this section may issue such regulations as
such head of the appropriate department considers necessary to carry
out this section.
``(g) Rules of Construction.--
``(1) Component.--For purposes of this section--
``(A) the Office of the Director of National
Intelligence shall be considered a component of such
Office; and
``(B) the Central Intelligence Agency shall be
considered a component of such Agency.
``(2) Required education programs.--Nothing in this section
shall be construed to modify, affect, or supercede any
provision of law requiring or otherwise authorizing or
providing for a training program described in this section.
``(h) Appropriate Department Defined.--In this section, the term
`appropriate department' means--
``(1) with respect to the Office of the Director of
National Intelligence, the Office of the Director of National
Intelligence;
``(2) with respect to the Central Intelligence Agency,
Central Intelligence Agency; and
``(3) with respect to an element of the intelligence
community other than the Office of the Director of National
Intelligence and the Central Intelligence Agency, the
department of the Federal Government of which such element of
the intelligence community is a component.''.
(2) Conforming amendment.--The table of contents in the
first section of the National Security Act of 1947 (50 U.S.C.
401 et seq.) is amended by inserting after the item relating to
section 1021 the following new item:
``Sec. 1022. Intelligence community acquisition of critical skills.''.
SEC. 320. COMPREHENSIVE NATIONAL CYBERSECURITY INITIATIVE ADVISORY
PANEL.
Not later than February 1, 2009, the President shall submit to
Congress a report on options for creating an advisory panel comprised
of representatives of Congress, the Executive Branch, and the private
sector to make policy and procedural recommendations for--
(1) information security for the Federal Government;
(2) critical infrastructure;
(3) the authorities, roles, responsibilities of the
intelligence community, Department of Homeland Security, and
Department of Defense for purposes of supporting the
Comprehensive National Cybersecurity Initiative as described in
National Security Policy Directive 54/Homeland Security Policy
Directive 23 entitled ``Cybersecurity Policy'' signed by the
President on January 8, 2008; and
(4) other matters related to paragraphs (1) through (3) as
the President considers appropriate.
SEC. 321. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.
Section 526(a) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17142(a)) does not prohibit an element of the intelligence
community from entering into a contract to purchase a generally
available fuel that is not an alternative or synthetic fuel or
predominantly produced from a nonconventional petroleum source, if--
(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel or fuel
from a nonconventional petroleum source;
(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a nonconventional
petroleum source; and
(3) the contract does not provide incentives for a refinery
upgrade or expansion to allow a refinery to use or increase its
use of fuel from a nonconventional petroleum source.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. CLARIFICATION OF LIMITATION ON COLOCATION OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 103(e) of the National Security Act of 1947 (50 U.S.C. 403-
3(e)) is amended--
(1) by striking ``With'' and inserting ``of Headquarters
With Headquarters of'';
(2) by inserting ``the headquarters of'' before ``the
Office''; and
(3) by striking ``any other element'' and inserting ``the
headquarters of any other element''.
SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE
TRANSPORTATION SECURITY OVERSIGHT BOARD.
Subparagraph (F) of section 115(b)(1) of title 49, United States
Code, is amended to read as follows:
``(F) The Director of National Intelligence.''.
SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY.
Section 103E of the National Security Act of 1947 (50 U.S.C. 403-
3e) is amended--
(1) in subsection (c)--
(A) by redesignating paragraph (5) as paragraph
(7);
(B) in paragraph (4), by striking ``and'' at the
end; and
(C) by inserting after paragraph (4) the following:
``(5) assist the Director in establishing goals for basic,
applied, and advanced research to meet the technology needs of
the intelligence community;
``(6) submit to the congressional intelligence committees
an annual report on the science and technology strategy of the
Director that shows resources mapped to the goals of the
intelligence community; and''; and
(2) in subsection (d)(3)--
(A) in subparagraph (A)--
(i) by inserting ``and prioritize'' after
``coordinate''; and
(ii) by striking ``; and'' and inserting
``;'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) identify basic, advanced, and applied
research programs to be executed by elements of the
intelligence community; and''.
SEC. 404. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a) of the
National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
(1) by striking ``(a) Establishment.--Not later than 18
months after the date of the enactment of the National Security
Intelligence Reform Act of 2004, the'' and inserting the
following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the National
Counter Proliferation Center, who shall be appointed by the
Director of National Intelligence.
``(3) Location.--The National Counter Proliferation Center
shall be located within the Office of the Director of National
Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is
amended--
(1) by redesignating paragraph (9) as paragraph (13); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism
Center.
``(12) The Director of the National Counter Proliferation
Center.''.
SEC. 405. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA CENTER ENERGY
EFFICIENCY REPORTS.
(a) Plan.--The Director of National Intelligence shall develop a
plan to implement the recommendations of the report submitted to
Congress under section 1 of the Act entitled ``An Act to study and
promote the use of energy efficient computer servers in the United
States'' (Public Law 109-431; 120 Stat. 2920) across the intelligence
community.
(b) Report.--
(1) In general.--Not later then November 1, 2008, the
Director of National Intelligence shall submit to the
congressional intelligence committees a report containing the
plan developed under subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 406. SEMIANNUAL REPORTS ON NUCLEAR PROGRAMS OF IRAN, SYRIA, AND
NORTH KOREA.
(a) Reports.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by title III, is
further amended by adding at the end the following new section:
``semiannual reports on the nuclear programs of iran, syria, and north
korea
``Sec. 509. (a) Requirement for Reports.--Not less frequently than
every 180 days, the Director of National Intelligence shall submit to
the congressional intelligence committees a report on the intentions
and capabilities of the Islamic Republic of Iran, the Syrian Arab
Republic, and the Democratic People's Republic of Korea, with regard to
the nuclear programs of each such country.
``(b) Content.--Each report submitted under subsection (a) shall
include, with respect to the Islamic Republic of Iran, the Syrian Arab
Republic, and the Democratic People's Republic of Korea--
``(1) an assessment of nuclear weapons programs of each
such country;
``(2) an evaluation, consistent with existing reporting
standards and practices, of the sources upon which the
intelligence used to prepare the assessment described in
paragraph (1) is based, including the number of such sources
and an assessment of the reliability of each such source;
``(3) a summary of any intelligence related to any such
program gathered or developed since the previous report was
submitted under subsection (a), including intelligence
collected from both open and clandestine sources for each such
country; and
``(4) a discussion of any dissents, caveats, gaps in
knowledge, or other information that would reduce confidence in
the assessment described in paragraph (1).
``(c) National Intelligence Estimate.--The Director of National
Intelligence may submit a National Intelligence Estimate on the
intentions and capabilities of the Islamic Republic of Iran, the Syrian
Arab Republic, or the Democratic People's Republic of Korea in lieu of
a report required by subsection (a) for that country.
``(d) Form.--Each report submitted under subsection (a) may be
submitted in classified form.''.
(2) Applicability date.--The first report required to be
submitted under section 509 of the National Security Act of
1947, as added by paragraph (1), shall be submitted not later
than 30 days after the date of the enactment of this Act.
(b) Conforming Amendment.--The table of contents in the first
section of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended by inserting after the item relating to section 508 the
following new item:
``Sec. 509. Semiannual reports on the nuclear programs of Iran, Syria,
and North Korea.''.
SEC. 407. TITLE OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103G of the National Security Act of 1947 (50 U.S.C. 403-
3g) is amended--
(1) in subsection (a), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(2) in subsection (b), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(3) in subsection (c), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer''; and
(4) in subsection (d), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer''.
SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 103G the following new section:
``inspector general of the intelligence community
``Sec. 103H. (a) Office of Inspector General of Intelligence
Community.--There is within the Office of the Director of National
Intelligence an Office of the Inspector General of the Intelligence
Community.
``(b) Purpose.--The purpose of the Office of the Inspector General
of the Intelligence Community is to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and conduct
independently investigations, inspections, and audits on
matters within the responsibility and authority of the Director
of National Intelligence;
``(2) recommend policies designed--
``(A) to promote economy, efficiency, and
effectiveness in the administration and implementation
of matters within the responsibility and authority of
the Director of National Intelligence; and
``(B) to prevent and detect fraud and abuse in such
matters;
``(3) provide a means for keeping the Director of National
Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to matters
within the responsibility and authority of the Director
of National Intelligence; and
``(B) the necessity for, and the progress of,
corrective actions; and
``(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of--
``(A) significant problems and deficiencies
relating to matters within the responsibility and
authority of the Director of National Intelligence; and
``(B) the necessity for, and the progress of,
corrective actions.
``(c) Inspector General of Intelligence Community.--(1) There is an
Inspector General of the Intelligence Community, who shall be the head
of the Office of the Inspector General of the Intelligence Community,
who shall be appointed by the President, by and with the advice and
consent of the Senate.
``(2) The nomination of an individual for appointment as Inspector
General shall be made--
``(A) without regard to political affiliation;
``(B) solely on the basis of integrity, compliance with the
security standards of the intelligence community, and prior
experience in the field of intelligence or national security;
and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
``(3) The Inspector General shall report directly to and be under
the general supervision of the Director of National Intelligence.
``(4) The Inspector General may be removed from office only by the
President. The President shall immediately communicate in writing to
the congressional intelligence committees the reasons for the removal
of any individual from the position of Inspector General.
``(d) Duties and Responsibilities.--Subject to subsections (g) and
(h), it shall be the duty and responsibility of the Inspector General
of the Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, and audits relating to matters
within the responsibility and authority of the Director of
National Intelligence to ensure they are conducted efficiently
and in accordance with applicable law and regulations;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, fraud
and other serious problems, abuses, and deficiencies that may
occur in matters within the responsibility and authority of the
Director, and to report the progress made in implementing
corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by
the Inspector General, and, to the extent consistent with the
purpose and objective of such reports, take such measures as
may be appropriate to minimize the disclosure of intelligence
sources and methods described in such reports; and
``(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing standards.
``(e) Limitations on Activities.--(1) The Director of National
Intelligence may prohibit the Inspector General of the Intelligence
Community from initiating, carrying out, or completing any
investigation, inspection, or audit if the Director determines that
such prohibition is necessary to protect vital national security
interests of the United States.
``(2) If the Director exercises the authority under paragraph (1),
the Director shall submit an appropriately classified statement of the
reasons for the exercise of such authority within 7 days to the
congressional intelligence committees.
``(3) The Director shall advise the Inspector General at the time a
report under paragraph (2) is submitted, and, to the extent consistent
with the protection of intelligence sources and methods, provide the
Inspector General with a copy of such report.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the Inspector
General has notice under paragraph (3) that the Inspector General
considers appropriate.
``(f) Authorities.--(1) The Inspector General of the Intelligence
Community shall have direct and prompt access to the Director of
National Intelligence when necessary for any purpose pertaining to the
performance of the duties of the Inspector General.
``(2)(A) The Inspector General shall have access to any employee,
or any employee of a contractor, of any element of the intelligence
community whose testimony is needed for the performance of the duties
of the Inspector General.
``(B) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers, recommendations,
or other material which relate to the programs and operations with
respect to which the Inspector General has responsibilities under this
section.
``(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient rationale
for denying the Inspector General access to any materials under
subparagraph (B).
``(D) Failure on the part of any employee, or any employee of a
contractor, of any element of the intelligence community to cooperate
with the Inspector General shall be grounds for appropriate
administrative actions by the Director or, on the recommendation of the
Director, other appropriate officials of the intelligence community,
including loss of employment or the termination of an existing
contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person concerning the
existence of an activity constituting a violation of laws, rules, or
regulations, or mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the public health
and safety. Once such complaint or information has been received from
an employee of the Federal Government--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless the
Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of Justice
responsible for determining whether a prosecution should be
undertaken; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee in a position to take such actions, unless the
complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its
truth or falsity.
``(4) The Inspector General shall have authority to administer to
or take from any person an oath, affirmation, or affidavit, whenever
necessary in the performance of the duties of the Inspector General,
which oath, affirmation, or affidavit when administered or taken by or
before an employee of the Office of the Inspector General of the
Intelligence Community designated by the Inspector General shall have
the same force and effect as if administered or taken by, or before, an
officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the Inspector
General is authorized to require by subpoena the production of all
information, documents, reports, answers, records, accounts, papers,
and other data and documentary evidence necessary in the performance of
the duties and responsibilities of the Inspector General.
``(B) In the case of departments, agencies, and other elements of
the United States Government, the Inspector General shall obtain
information, documents, reports, answers, records, accounts, papers,
and other data and evidence for the purpose specified in subparagraph
(A) using procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for, or on
behalf of, any other element of the intelligence community, including
the Office of the Director of National Intelligence.
``(D) In the case of contumacy or refusal to obey a subpoena issued
under this paragraph, the subpoena shall be enforceable by order of any
appropriate district court of the United States.
``(g) Coordination Among Inspectors General of Intelligence
Community.--(1)(A) In the event of a matter within the jurisdiction of
the Inspector General of the Intelligence Community that may be subject
to an investigation, inspection, or audit by both the Inspector General
of the Intelligence Community and an Inspector General, whether
statutory or administrative, with oversight responsibility for an
element or elements of the intelligence community, the Inspector
General of the Intelligence Community and such other Inspector or
Inspectors General shall expeditiously resolve the question of which
Inspector General shall conduct such investigation, inspection, or
audit.
``(B) In attempting to resolve a question under subparagraph (A),
the Inspectors General concerned may request the assistance of the
Intelligence Community Inspectors General Forum established under
subparagraph (C). In the event of a dispute between an Inspector
General within an agency or department of the United States Government
and the Inspector General of the Intelligence Community that has not
been resolved with the assistance of the Forum, the Inspectors General
shall submit the question to the Director of National Intelligence and
the head of the agency or department for resolution.
``(C) There is established the Intelligence Community Inspectors
General Forum which shall consist of all statutory or administrative
Inspectors General with oversight responsibility for an element or
elements of the intelligence community. The Inspector General of the
Intelligence Community shall serve as the chair of the Forum. The Forum
shall have no administrative authority over any Inspector General, but
shall serve as a mechanism for informing its members of the work of
individual members of the Forum that may be of common interest and
discussing questions about jurisdiction or access to employees,
employees of a contractor, records, audits, reviews, documents,
recommendations, or other materials that may involve or be of
assistance to more than one of its members.
``(2) The Inspector General conducting an investigation,
inspection, or audit covered by paragraph (1) shall submit the results
of such investigation, inspection, or audit to any other Inspector
General, including the Inspector General of the Intelligence Community,
with jurisdiction to conduct such investigation, inspection, or audit
who did not conduct such investigation, inspection, or audit.
``(h) Staff and Other Support.--(1) The Inspector General of the
Intelligence Community shall be provided with appropriate and adequate
office space at central and field office locations, together with such
equipment, office supplies, maintenance services, and communications
facilities and services as may be necessary for the operation of such
offices.
``(2)(A) Subject to applicable law and the policies of the Director
of National Intelligence, the Inspector General shall select, appoint,
and employ such officers and employees as may be necessary to carry out
the functions of the Inspector General. The Inspector General shall
ensure that any officer or employee so selected, appointed, or employed
has security clearances appropriate for the assigned duties of such
officer or employee.
``(B) In making selections under subparagraph (A), the Inspector
General shall ensure that such officers and employees have the
requisite training and experience to enable the Inspector General to
carry out the duties of the Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the Inspector
General shall create within the Office of the Inspector General of the
Intelligence Community a career cadre of sufficient size to provide
appropriate continuity and objectivity needed for the effective
performance of the duties of the Inspector General.
``(3)(A) Subject to the concurrence of the Director, the Inspector
General may request such information or assistance as may be necessary
for carrying out the duties and responsibilities of the Inspector
General from any department, agency, or other element of the United
States Government.
``(B) Upon request of the Inspector General for information or
assistance under subparagraph (A), the head of the department, agency,
or element concerned shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the department, agency, or element, furnish to the Inspector General,
or to an authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community may, upon
reasonable notice to the head of any element of the intelligence
community, conduct, as authorized by this section, an investigation,
inspection, or audit of such element and may enter into any place
occupied by such element for purposes of the performance of the duties
of the Inspector General.
``(i) Reports.--(1)(A) The Inspector General of the Intelligence
Community shall, not later than January 31 and July 31 of each year,
prepare and submit to the Director of National Intelligence a
classified, and, as appropriate, unclassified semiannual report
summarizing the activities of the Office of the Inspector General of
the Intelligence Community during the immediately preceding 6-month
period ending December 31 (of the preceding year) and June 30,
respectively. The Inspector General of the Intelligence Community shall
provide any portion of the report involving a component of a department
of the United States Government to the head of that department
simultaneously with submission of the report to the Director of
National Intelligence.
``(B) Each report under this paragraph shall include, at a minimum,
the following:
``(i) A list of the title or subject of each investigation,
inspection, or audit conducted during the period covered by
such report, including a summary of the progress of each
particular investigation, inspection, or audit since the
preceding report of the Inspector General under this paragraph.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration and implementation
of programs and operations of the intelligence community, and
in the relationships between elements of the intelligence
community, identified by the Inspector General during the
period covered by such report.
``(iii) A description of the recommendations for corrective
or disciplinary action made by the Inspector General during the
period covered by such report with respect to significant
problems, abuses, or deficiencies identified in clause (ii).
``(iv) A statement whether or not corrective or
disciplinary action has been completed on each significant
recommendation described in previous semiannual reports, and,
in a case where corrective action has been completed, a
description of such corrective action.
``(v) A certification whether or not the Inspector General
has had full and direct access to all information relevant to
the performance of the functions of the Inspector General.
``(vi) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
``(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of matters within the responsibility and
authority of the Director of National Intelligence, and to
detect and eliminate fraud and abuse in such matters.
``(C) Not later than the 30 days after the date of receipt of a
report under subparagraph (A), the Director shall transmit the report
to the congressional intelligence committees together with any comments
the Director considers appropriate. The Director shall transmit to the
committees of the Senate and of the House of Representatives with
jurisdiction over a department of the United States Government any
portion of the report involving a component of such department
simultaneously with submission of the report to the congressional
intelligence committees.
``(2)(A) The Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to
matters within the responsibility and authority of the Director of
National Intelligence.
``(B) The Director shall transmit to the congressional intelligence
committees each report under subparagraph (A) within 7 calendar days of
receipt of such report, together with such comments as the Director
considers appropriate. The Director shall transmit to the committees of
the Senate and of the House of Representatives with jurisdiction over a
department of the United States Government any portion of each report
under subparagraph (A) that involves a problem, abuse, or deficiency
related to a component of such department simultaneously with
transmission of the report to the congressional intelligence
committees.
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(B) an investigation, inspection, or audit carried out by
the Inspector General focuses on any current or former
intelligence community official who--
``(i) holds or held a position in an element of the
intelligence community that is subject to appointment
by the President, whether or not by and with the advice
and consent of the Senate, including such a position
held on an acting basis;
``(ii) holds or held a position in an element of
the intelligence community, including a position held
on an acting basis, that is appointed by the Director
of National Intelligence; or
``(iii) holds or held a position as head of an
element of the intelligence community or a position
covered by subsection (b) or (c) of section 106;
``(C) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by a
current or former official described in subparagraph (B);
``(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or
``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a report on
such matter to the congressional intelligence committees.
``(4) Pursuant to title V, the Director shall submit to the
congressional intelligence committees any report or findings and
recommendations of an investigation, inspection, or audit conducted by
the office which has been requested by the Chairman or Vice Chairman or
Ranking Minority Member of either committee.
``(5)(A) An employee of an element of the intelligence community,
an employee assigned or detailed to an element of the intelligence
community, or an employee of a contractor to the intelligence community
who intends to report to Congress a complaint or information with
respect to an urgent concern may report such complaint or information
to the Inspector General.
``(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a complaint or
information under subparagraph (A), the Inspector General shall
determine whether the complaint or information appears credible. Upon
making such a determination, the Inspector General shall transmit to
the Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector General
under subparagraph (B), the Director shall, within 7 calendar days of
such receipt, forward such transmittal to the congressional
intelligence committees, together with any comments the Director
considers appropriate.
``(D)(i) If the Inspector General does not find credible under
subparagraph (B) a complaint or information submitted under
subparagraph (A), or does not transmit the complaint or information to
the Director in accurate form under subparagraph (B), the employee
(subject to clause (ii)) may submit the complaint or information to
Congress by contacting either or both of the congressional intelligence
committees directly.
``(ii) An employee may contact the intelligence committees directly
as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the intelligence
committees in accordance with appropriate security practices.
``(iii) A member or employee of 1 of the congressional intelligence
committees who receives a complaint or information under clause (i)
does so in that member or employee's official capacity as a member or
employee of such committee.
``(E) The Inspector General shall notify an employee who reports a
complaint or information to the Inspector General under this paragraph
of each action taken under this paragraph with respect to the complaint
or information. Such notice shall be provided not later than 3 days
after any such action is taken.
``(F) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.
``(G) In this paragraph, the term `urgent concern' means any of the
following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the funding,
administration, or operation of an intelligence activity
involving classified information, but does not include
differences of opinions concerning public policy matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(iii) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with this
paragraph.
``(H) In support of this paragraph, Congress makes the findings set
forth in paragraphs (1) through (6) of section 701(b) of the
Intelligence Community Whistleblower Protection Act of 1998 (title VII
of Public Law 105-272; 5 U.S.C. App. 8H note).
``(6) In accordance with section 535 of title 28, United States
Code, the Inspector General shall report to the Attorney General any
information, allegation, or complaint received by the Inspector General
relating to violations of Federal criminal law that involves a program
or operation of an element of the intelligence community, or in the
relationships between the elements of the intelligence community,
consistent with such guidelines as may be issued by the Attorney
General pursuant to subsection (b)(2) of such section. A copy of each
such report shall be furnished to the Director.
``(j) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures to be issued by the
Director in consultation with the congressional intelligence
committees, include in the National Intelligence Program budget a
separate account for the Office of Inspector General of the
Intelligence Community.
``(k) Construction of Duties Regarding Elements of Intelligence
Community.--Except as resolved pursuant to subsection (g), the
performance by the Inspector General of the Intelligence Community of
any duty, responsibility, or function regarding an element of the
intelligence community shall not be construed to modify or effect the
duties and responsibilities of any other Inspector General, whether
statutory or administrative, having duties and responsibilities
relating to such element.''.
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 103G the following
new item:
``Sec. 103H. Inspector General of the Intelligence Community.''.
(b) Repeal of Superseded Authority To Establish Position.--Section
8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.
(c) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following new item:
``Inspector General of the Intelligence Community.''.
SEC. 409. ANNUAL REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE
INTELLIGENCE COMMUNITY.
(a) Report.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 406 of this
Act, is further amended by adding at the end the following new
section:
``report on foreign language proficiency in the intelligence community
``Sec. 510. Not later than February 1 of each year, the Director
of National Intelligence shall submit to the congressional intelligence
committees a report on the proficiency in foreign languages and, if
appropriate, in foreign dialects of each element of the intelligence
community, including--
``(1) the number of positions authorized for such element
that require foreign language proficiency and the level of
proficiency required;
``(2) an estimate of the number of such positions that each
element will require during the 5-year period beginning on the
date of the submission of the report;
``(3) the number of positions authorized for such element
that require foreign language proficiency that are filled by--
``(A) military personnel; and
``(B) civilian personnel;
``(4) the number of applicants for positions in such
element in the previous fiscal year that indicated foreign
language proficiency, including the foreign language indicated
and the proficiency level;
``(5) the number of persons hired by such element with
foreign language proficiency, including the foreign language
and proficiency level;
``(6) the number of personnel of such element currently
attending foreign language training, including the provider of
such training;
``(7) a description of such element's efforts to recruit,
hire, train, and retain personnel that are proficient in a
foreign language;
``(8) an assessment of methods and models for basic,
advanced, and intensive foreign language training;
``(9) for each foreign language and, where appropriate,
dialect of a foreign language--
``(A) the number of positions of such element that
require proficiency in the foreign language or dialect;
``(B) the number of personnel of such element that
are serving in a position that requires proficiency in
the foreign language or dialect to perform the primary
duty of the position;
``(C) the number of personnel of such element that
are serving in a position that does not require
proficiency in the foreign language or dialect to
perform the primary duty of the position;
``(D) the number of personnel of such element rated
at each level of proficiency of the Interagency
Language Roundtable;
``(E) whether the number of personnel at each level
of proficiency of the Interagency Language Roundtable
meets the requirements of such element;
``(F) the number of personnel serving or hired to
serve as linguists for such element that are not
qualified as linguists under the standards of the
Interagency Language Roundtable;
``(G) the number of personnel hired to serve as
linguists for such element during the preceding
calendar year;
``(H) the number of personnel serving as linguists
that discontinued serving such element during the
preceding calendar year;
``(I) the percentage of work requiring linguistic
skills that is fulfilled by an ally of the United
States; and
``(J) the percentage of work requiring linguistic
skills that is fulfilled by contractors;
``(10) an assessment of the foreign language capacity and
capabilities of the intelligence community as a whole;
``(11) recommendations for eliminating required reports
relating to foreign-language proficiency that the Director of
National Intelligence considers outdated or no longer relevant;
and
``(12) an assessment of the feasibility of employing
foreign nationals lawfully present in the United States who
have previously worked as translators or interpreters for the
Armed Forces or another department or agency of the Federal
Government in Iraq or Afghanistan to meet the critical language
needs of such element.''.
(2) Report date.--Section 507(a)(1) of such Act (50 U.S.C.
415b(a)(1)) is amended--
(A) by redesignating subparagraph (N) as
subparagraph (J); and
(B) by adding at the end the following new
subparagraph:
``(K) The annual report on foreign language proficiency in
the intelligence community required by section 510.''.
(b) Conforming Amendment.--The table of contents in the first
section of such Act is further amended by inserting after the item
relating to section 509 the following new item:
``Sec. 510. Report on foreign language proficiency in the intelligence
community.''.
SEC. 410. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF THE
NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (title IX of Public Law
107-306; 50 U.S.C. 402c) is amended--
(1) by striking subsections (d), (h), (i), and (j); and
(2) by redesignating subsections (e), (f), (g), (k), (l),
and (m) as subsections (d), (e), (f), (g), (h), and (i),
respectively; and
(3) in subsection (f), as redesignated by paragraph (2), by
striking paragraphs (3) and (4).
(b) Conforming Amendments.--Such section 904 is further amended--
(1) in subsection (d), as redesignated by subsection (a)(2)
of this section, by striking ``subsection (f)'' each place it
appears in paragraphs (1) and (2) and inserting ``subsection
(e)''; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection
(e)(1)'' and inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection
(e)(2)'' and inserting ``subsection (d)(2)''.
SEC. 411. NATIONAL INTELLIGENCE ESTIMATE ON WEAPONS OF MASS DESTRUCTION
IN SYRIA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a National Intelligence Estimate on the history,
status, and projected development of any weapons of mass destruction
development program undertaken by the Government of Syria, or by any
person on behalf of the Government of Syria.
(b) Form.--The National Intelligence Estimate required under
subsection (a) may be submitted in classified form.
SEC. 412. REPORT ON INTELLIGENCE RESOURCES DEDICATED TO IRAQ AND
AFGHANISTAN.
Not later than 120 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on intelligence
collection and analysis resources dedicated to Iraq and Afghanistan
during fiscal years 2007 and 2008. Such report shall include detailed
information on fiscal, human, technical, and other intelligence
collection and analysis resources.
SEC. 413. OMBUDSMAN FOR INTELLIGENCE COMMUNITY SECURITY CLEARANCES.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 103H, as
added by section 409 of this Act, the following new section:
``ombudsman for intelligence community security clearances
``Sec. 103I. (a) Appointment.--The Director of National
Intelligence shall appoint an ombudsman for intelligence community
security clearances.
``(b) Provision of Information.--The head of an element of the
intelligence community shall provide a person applying for a security
clearance through or in coordination with such element with contact
information for the ombudsman appointed under subsection (a).
``(c) Report.--Not later than November 1 of each year, the
ombudsman appointed under subsection (a) shall submit to the
congressional intelligence committees a report containing--
``(1) the number of persons applying for a security
clearance who have contacted the ombudsman during the preceding
12 months; and
``(2) a summary of the concerns, complaints, and questions
received by the ombudsman from persons applying for security
clearances.''.
(b) Appointment Date.--The Director of National Intelligence shall
appoint an ombudsman for intelligence community security clearances
under section 103I(a) of the National Security Act of 1947, as added by
subsection (a), not later than 60 days after the date of the enactment
of this Act.
(c) Conforming Amendment.--The table of contents in the first
section of the National Security Act of 1947 is further amended by
inserting after the item relating to section 103H the following new
item:
``Sec. 103I. Ombudsman for intelligence community security
clearances.''.
SEC. 414. SECURITY CLEARANCE RECIPROCITY.
(a) Audit.--The Inspector General of the Intelligence Community
shall conduct an audit of the reciprocity of security clearances in the
intelligence community.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a report containing
the results of the audit conducted under subsection (a). Such report
shall include an assessment of the time required to obtain a reciprocal
security clearance for--
(1) an employee of an element of the intelligence community
detailed to another element of the intelligence community;
(2) an employee of an element of the intelligence community
seeking permanent employment with another element of the
intelligence community; and
(3) a contractor seeking permanent employment with an
element of the intelligence community.
SEC. 415. REPORT ON INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.
(a) Report.--Not later than February 1, 2009, the Director of
National Intelligence shall submit to the congressional intelligence
committees a report assessing--
(1) the threat to national security presented by the
efforts of foreign countries to acquire, through espionage,
diversion, or other means, sensitive equipment and technology,
and the degree to which United States export controls
(including the International Traffic in Arms Regulations) are
adequate to defeat such efforts; and
(2) the extent to which United States export controls are
well matched to the scope of the foreign threat such controls
are designed to defeat and whether other means could more
successfully defeat such threats.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) International Traffic in Arms Regulations Defined.--The term
``International Traffic in Arms Regulations'' means those regulations
contained in parts 120 through 130 of title 22, Code of Federal
Regulations (or successor regulations).
SEC. 416. REPORT ON NUCLEAR TRAFFICKING.
(a) Report.--Not later than February 1, 2009, the Director of
National Intelligence shall submit to the congressional intelligence
committees, the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Armed Services and the Committee on Foreign Relations of the Senate a
report on the illicit trade of nuclear and radiological material and
equipment.
(b) Contents.--The report submitted under subsection (a) shall
include, for a period of time including at least the preceding three
years--
(1) details of all known or suspected cases of the illicit
sale, transfer, brokering, or transport of nuclear or
radiological material or equipment useful for the production of
nuclear or radiological material or nuclear explosive devices;
(2) an assessment of the countries that represent the
greatest risk of nuclear trafficking activities; and
(3) a discussion of any dissents, caveats, gaps in
knowledge, or other information that would reduce confidence in
the assessment referred to in paragraph (2).
(c) Form.--The report under subsection (a) may be submitted in
classified form, but shall include an unclassified summary.
SEC. 417. STUDY ON REVOKING PENSIONS OF PERSONS WHO COMMIT UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) Study.--The Director of National Intelligence shall conduct a
study on the feasibility of revoking the pensions of personnel in the
intelligence community who commit unauthorized disclosures of
classified information, including whether revoking such pensions is
feasible under existing law or under the administrative authority of
the Director of National Intelligence or any other head of an element
of the intelligence community.
(b) Report.--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 committees a report containing the results
of the study conducted under subsection (a).
SEC. 418. MEMORANDUM TO HOLDERS OF NATIONAL INTELLIGENCE ESTIMATE ON
IRAN.
Not later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence shall issue a memorandum to
holders of the National Intelligence Estimate entitled ``Iran: Nuclear
Intentions and Capabilities'' regarding any intelligence on the nuclear
program of Iran that has been gathered or emerged since the publication
of such National Intelligence Estimate in October 2007.
SEC. 419. NATIONAL INTELLIGENCE ESTIMATE ON PRODUCTION AND SALE OF
NARCOTICS IN SUPPORT OF INTERNATIONAL TERRORISM.
Not later than 1 year after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress a
National Intelligence Estimate on the production and sale of narcotics
in support of international terrorism, including the support the
Taliban and al Qaeda receive from the sale of narcotics (particularly
heroin) and the shift in production from opium to hashish in
Afghanistan.
Subtitle B--Central Intelligence Agency
SEC. 421. REVIEW OF COVERT ACTION PROGRAMS BY INSPECTOR GENERAL OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Section 503 of the National Security Act of 1947
(50 U.S.C. 413b) is amended by--
(1) redesignating subsection (e) as subsection (g) and
transferring such subsection to the end; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Inspector General Audits of Covert Actions.--
``(1) In general.--Subject to paragraph (2), the Inspector
General of the Central Intelligence Agency shall conduct an
audit of each covert action at least every 3 years. Such audits
shall be conducted subject to the provisions of paragraphs (3)
and (4) of subsection (b) of section 17 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q).
``(2) Terminated, suspended programs.--The Inspector
General of the Central Intelligence Agency is not required to
conduct an audit under paragraph (1) of a covert action that
has been terminated or suspended if such covert action was
terminated or suspended prior to the last audit of such covert
action conducted by the Inspector General and has not been
restarted after the date on which such audit was completed.
``(3) Report.--Not later than 60 days after the completion
of an audit conducted pursuant to paragraph (1), the Inspector
General of the Central Intelligence Agency shall submit to the
congressional intelligence committees a report containing the
results of such audit.''.
(b) Conforming Amendments.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended--
(1) in section 501(f) (50 U.S.C. 413(f)), by striking
``503(e)'' and inserting ``503(g)'';
(2) in section 502(a)(1) (50 U.S.C. 413b(a)(1)), by
striking ``503(e)'' and inserting ``503(g)''; and
(3) in section 504(c) (50 U.S.C. 414(c)), by striking
``503(e)'' and inserting ``503(g)''.
SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY OF REQUIREMENT FOR ANNUAL REPORT ON PROGRESS IN
AUDITABLE FINANCIAL STATEMENTS.
Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-
1) is amended by striking ``the Director of the Central Intelligence
Agency,''.
SEC. 423. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN CENTRAL
INTELLIGENCE AGENCY POSITIONS.
Section 17(d)(3)(B)(ii) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is amended--
(1) in subclause (I), by striking ``Executive Director''
and inserting ``Associate Deputy Director'';
(2) in subclause (II), by striking ``Deputy Director for
Operations'' and inserting ``Director of the National
Clandestine Service'';
(3) in subclause (III), by striking ``Deputy Director for
Intelligence'' and inserting ``Director of Intelligence'';
(4) in subclause (IV), by striking ``Deputy Director for
Administration'' and inserting ``Director of Support''; and
(5) in subclause (V), by striking ``Deputy Director for
Science and Technology'' and inserting ``Director of Science
and Technology''.
SEC. 424. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is
amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
SEC. 425. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR
INTERROGATIONS INVOLVING PERSONS IN THE CUSTODY OR
CONTROL OF THE CENTRAL INTELLIGENCE AGENCY.
(a) Prohibition.--Notwithstanding any other provision of law, the
Director of the Central Intelligence Agency shall not expend or
obligate funds for payment to any contractor to conduct the
interrogation of a detainee or prisoner in custody or under the
effective control of the Central Intelligence Agency.
(b) Exception.--
(1) In general.--The Director of the Central Intelligence
Agency may request, and the Director of National Intelligence
may grant, a written waiver of the requirement under subsection
(a) if the Director of the Central Intelligence Agency
determines that--
(A) no employee of the Federal Government is--
(i) capable of performing such
interrogation; and
(ii) available to perform such
interrogation; and
(B) such interrogation is in the national interest
of the United States and requires the use of a
contractor.
(2) Clarification of applicability of certain laws.--Any
contractor conducting an interrogation pursuant to a waiver
under paragraph (1) shall be subject to all laws on the conduct
of interrogations that would apply if an employee of the
Federal Government were conducting the interrogation.
SEC. 426. REPORT ON ACTIVITIES OF THE CENTRAL INTELLIGENCE AGENCY IN
ARGENTINA.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the appropriate congressional committees a report
containing the following:
(1) A description of any information in the possession of
the intelligence community with respect to the following events
in the Republic of Argentina:
(A) The accession to power by the Military of the
Republic of Argentina in 1976.
(B) Violations of human rights committed by
officers or agents of the Argentine military and
security forces.
(C) Operation Condor and the fate of Argentine
people targeted, abducted, or killed during such
Operation, including Argentine children born in
captivity whose status remains unknown.
(2) All information that may lead to the discovery of the
Argentine children born in captivity whose status remains
unknown.
(3) A compilation of information referred to in paragraphs
(1) and (2) that has been declassified.
(b) Update of Compilation.--Not later than 1 year after the date on
which the report required under subsection (a) is submitted, and
annually thereafter for three years, the Director of the Central
Intelligence Agency shall submit to the appropriate congressional
committees an update of the compilation referred to in subsection
(a)(3).
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the Permanent Select Committee on
Intelligence and the Committee on Appropriations of the House of
Representatives and the Select Committee on Intelligence and the
Committee on Appropriations of the Senate.
Subtitle C--Defense Intelligence Components
SEC. 431. INTEGRATION OF THE COUNTERINTELLIGENCE FIELD ACTIVITY INTO
THE DEFENSE INTELLIGENCE AGENCY.
(a) Report.--Not later than November 1, 2008, the Under Secretary
of Defense for Intelligence shall submit to the congressional
intelligence and armed services committees a report outlining the
process by which the Counterintelligence Field Activity is to be
integrated into the Defense Intelligence Agency. Such report shall
include--
(1) a description of the nature of any law enforcement
authorities to be delegated to the Defense Intelligence Agency;
(2) the authority under which the delegation of authority
referred to in paragraph (1) would occur; and
(3) the guidelines for the implementation of such law
enforcement authorities.
(b) Congressional Intelligence and Armed Services Committees.--In
this section, the term ``congressional intelligence and armed services
committees'' means--
(1) the Permanent Select Committee on Intelligence of the
House of Representatives;
(2) the Select Committee on Intelligence of the Senate; and
(3) the Committees on Armed Services of the House of
Representatives and the Senate.
Subtitle D--Other Elements
SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG
ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after ``the
Marine Corps,''; and
(B) by inserting ``the Drug Enforcement
Administration,'' after ``the Federal Bureau of
Investigation,''; and
(2) in subparagraph (K), by striking ``, including the
Office of Intelligence of the Coast Guard''.
SEC. 442. REPORT ON TRANSFORMATION OF THE INTELLIGENCE CAPABILITIES OF
THE FEDERAL BUREAU OF INVESTIGATION.
Not later than 120 days after the date of the enactment of this
Act, the Director of the Federal Bureau of Investigation shall submit
to the congressional intelligence committees a report describing the
Director's long term vision for transforming the intelligence
capabilities of the Bureau and the progress of the internal reforms of
the Bureau intended to achieve that vision. Such report shall include--
(1) the direction, strategy, and goals for transforming the
intelligence capabilities of the Bureau;
(2) a description of what the fully functional intelligence
and national security functions of the Bureau should entail;
(3) a candid assessment of the effect of internal reforms
at the Bureau and whether such reforms have moved the Bureau
towards achieving the goals of the Director for the
intelligence and national security functions of the Bureau; and
(4) an assessment of how well the Bureau performs tasks
that are critical to the effective functioning of the Bureau as
an intelligence agency, including--
(A) identifying new intelligence targets within the
scope of the national security functions of the Bureau,
outside the parameters of an existing case file or
ongoing investigation;
(B) collecting intelligence domestically, including
collection through human and technical sources;
(C) recruiting human sources;
(D) training Special Agents to spot, assess,
recruit, and handle human sources;
(E) working collaboratively with other Federal
departments and agencies to jointly collect
intelligence on domestic counterterrorism and
counterintelligence targets;
(F) producing a common intelligence picture of
domestic threats to the national security of the United
States;
(G) producing high quality and timely intelligence
analysis;
(H) integrating intelligence analysts into its
intelligence collection operations; and
(I) sharing intelligence information with
intelligence community partners.
TITLE V--OTHER MATTERS
Subtitle A--General Intelligence Matters
SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES
INTELLIGENCE COMMUNITY.
(a) Extension.--
(1) In general.--Subsection (a) of section 1007 of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2442) is amended by striking ``September 1,
2004'' and inserting ``December 31, 2009''.
(2) Effective date.--Subject to paragraph (3), the
amendment made by paragraph (1) shall take effect as if
included in the enactment of such section 1007.
(3) Commission membership.--
(A) In general.--The membership of the National
Commission for the Review of the Research and
Development Programs of the United States Intelligence
Community established under subsection (a) of section
1002 of such Act (Public Law 107-306; 116 Stat. 2438)
(referred to in this section as the ``Commission'')
shall be considered vacant and new members shall be
appointed in accordance with such section 1002, as
amended by subparagraph (B).
(B) Technical amendment.--Paragraph (1) of section
1002(b) of such Act is amended by striking ``The Deputy
Director of Central Intelligence for Community
Management.'' and inserting ``The Principal Deputy
Director of National Intelligence.''.
(4) Clarification of duties.--Section 1002(i) of such Act
is amended in the matter preceding paragraph (1) by striking
``including--'' and inserting ``including advanced research and
development programs and activities. Such review shall
include--''.
(b) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated by this Act for the Intelligence Community
Management Account, the Director of National Intelligence shall
make $2,000,000 available to the Commission to carry out title
X of the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306; 116 Stat. 2437).
(2) Availability.--Amounts made available to the Commission
pursuant to paragraph (1) shall remain available until
expended.
SEC. 502. AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
(a) General Congressional Oversight.--Section 501(a) of the
National Security Act of 1947 (50 U.S.C. 413(a)) is amended by adding
at the end the following new paragraph:
``(3) In carrying out paragraph (1), the President shall provide to
the congressional intelligence committees all information necessary to
assess the lawfulness, effectiveness, cost, benefit, intelligence gain,
budgetary authority, and risk of an intelligence activity, including--
``(A) the legal authority under which the intelligence
activity is being or was conducted;
``(B) any legal issues upon which guidance was sought in
carrying out or planning the intelligence activity, including
dissenting legal views;
``(C) any specific operational concerns arising from the
intelligence activity, including the risk of disclosing
intelligence sources or methods;
``(D) the likelihood that the intelligence activity will
exceed the planned or authorized expenditure of funds or other
resources; and
``(E) the likelihood that the intelligence activity will
fail.''.
(b) Reporting on Activities Other Than Covert Actions.--Section 502
of such Act (50 U.S.C. 413a) is amended by adding at the end the
following new subsection:
``(d) Distribution of Information.--
``(1) Request.--Information or material provided in
accordance with subsection (a) shall be made available to each
member of the congressional intelligence committees, unless the
President requests that access to the information or material
be limited after determining that limiting such access is
essential to meet extraordinary circumstances affecting vital
interests of the United States. A request under this paragraph
and the extraordinary circumstances referred to in this
paragraph shall be detailed in writing to the Chair and ranking
minority member of the congressional intelligence committees.
``(2) Distribution.--If the President submits a request
under paragraph (1), the Chair and ranking minority member of
each congressional intelligence committee may jointly determine
whether and how to limit access to the information or material
within such committee. If the Chair and ranking minority member
of such committee are unable to agree on whether or how to
limit such access, access to the information or material will
be limited. Any information or material to which access is
limited shall subsequently be made available to each member of
the congressional intelligence communities at the earliest
possible time and shall include a detailed statement of the
reasons for not providing prior access.''.
(c) Approval of Covert Actions.--Section 503(d) of the National
Security Act of 1947 (50 U.S.C. 413b(d)) is amended--
(1) by striking ``(d) The President'' and inserting
``(d)(1) The President''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of this subsection, an activity shall constitute
a `significant undertaking' if the activity--
``(A) involves the potential for loss of life;
``(B) requires an expansion of existing authorities,
including authorities relating to research, development, or
operations;
``(C) results in the expenditure of significant funds or
other resources;
``(D) requires notification under section 504;
``(E) gives rise to a significant risk of disclosing
intelligence sources or methods; or
``(F) could cause serious damage to the diplomatic
relations of the United States if such activity were disclosed
without authorization.''.
SEC. 503. REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST ASSETS.
(a) Annual Reports.--Section 118 of the National Security Act of
1947 (50 U.S.C. 404m) is amended--
(1) in the heading, by striking ``semiannual'' and
inserting ``annual''; and
(2) in subsection (a)--
(A) in the heading, by striking ``Semiannual'' and
inserting ``Annual'';
(B) in the matter preceding paragraph (1)--
(i) by striking ``semiannual basis'' and
inserting ``annual basis''; and
(ii) by striking ``preceding six-month
period'' and inserting ``preceding year'';
(C) by striking paragraph (2); and
(D) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(b) Conforming Amendment.--Section 507 of the National Security Act
of 1947 (50 U.S.C. 415b) is amended--
(1) in subsection (a)(1), by adding at the end the
following new subparagraph:
``(L) The annual report on financial intelligence on
terrorist assets required by section 118.''; and
(2) in subsection (b), by striking paragraph (6).
SEC. 504. NOTICE OF INTELLIGENCE REGARDING NORTH KOREA AND CHINA.
Section 501 of the National Security Act of 1947 (50 U.S.C. 413) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) A notification to the congressional intelligence committees
regarding intelligence information relating to North Korea or China
after all or part of the information has been communicated to the
governments of North Korea or China, respectively, shall not be
construed to fulfill the duty under this title to keep the
congressional intelligence committees fully and currently informed of
the intelligence activities of the United States.''.
SEC. 505. SENSE OF CONGRESS REGARDING USE OF INTELLIGENCE RESOURCES.
It is the sense of Congress that the resources authorized under
this Act should not be diverted from human intelligence collection and
other intelligence programs designed to combat al Qaeda in order to
study global climate change.
SEC. 506. SENSE OF CONGRESS REGARDING COLOMBIAN PARAMILITARY
ORGANIZATIONS.
It is the sense of Congress that--
(1) the permanent defeat of the Revolutionary Armed Forces
of Columbia (FARC), United Self-Defense Forces of Colombia
(AUC), National Liberation Army (ELN), and other Colombian
paramilitary organizations is in the national interest of the
United States;
(2) the Colombian operation that liberated Americans Keith
Stansell, Marc Gonsalves, and Thomas Howes and Ingrid
Betancourt and 11 other Colombian hostages from the FARC on
July 2, 2008, demonstrated the professionalism of Colombian
security forces and intelligence operatives;
(3) intelligence and other cooperation by the United States
has played a key role in developing and reinforcing the
capabilities of the Government of Colombia to address terrorist
and narcoterrorist threats;
(4) intelligence and other cooperation by the United States
has significantly contributed to the continued success of the
Government of Colombia in impacting the capabilities of
terrorist and narcoterrorist groups that have threatened the
national security of Colombia and the United States; and
(5) it is critical that such assistance continue in order
to support the Government of Colombia in its efforts to
continue to capitalize on those successes.
SEC. 507. JIHADISTS.
None of the funds authorized to be appropriated by this Act may be
used to prohibit or discourage the use of the words or phrases
``jihadist'', ``jihad'', ``Islamo-fascism'', ``caliphate'',
``Islamist'', or ``Islamic terrorist'' by or within the intelligence
community or the Federal Government.
Subtitle B--Technical Amendments
SEC. 511. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE AGENCY ACT OF
1949.
Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(a)(1)) is amended by striking ``authorized under paragraphs
(2) and (3) of section 102(a), subsections (c)(7) and (d) of section
103, subsections (a) and (g) of section 104, and section 303 of the
National Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7),
(d), 403-4(a), (g), and 405)'' and inserting ``authorized under section
104A of the National Security Act of 1947 (50 U.S.C. 403-4a)''.
SEC. 512. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL
INTELLIGENCE PROGRAM.
(a) In General.--Subsection (a) of section 1403 of the National
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is
amended--
(1) in the heading, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of Director of National Intelligence.--That
section is further amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Conforming Amendment.--The heading of that section is amended
to read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
SEC. 513. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT
MILITARY INTELLIGENCE PROGRAM AND TACTICAL INTELLIGENCE
AND RELATED ACTIVITIES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended--
(1) in subsection (c)(3)(A), by striking ``annual budgets
for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities'' and inserting ``annual
budget for the Military Intelligence Program or any successor
program or programs''; and
(2) in subsection (d)(1)(B), by striking ``Joint Military
Intelligence Program'' and inserting ``Military Intelligence
Program or any successor program or programs''.
SEC. 514. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended as follows:
(1) In section 102A (50 U.S.C. 403-1)--
(A) in subsection (d)--
(i) in paragraph (3), by striking
``subparagraph (A)'' in the matter preceding
subparagraph (A) and inserting ``paragraph
(1)(A)'';
(ii) in paragraph (5)(A), by striking ``or
personnel'' in the matter preceding clause (i);
and
(iii) in paragraph (5)(B), by striking ``or
agency involved'' in the second sentence and
inserting ``involved or the Director of the
Central Intelligence Agency (in the case of the
Central Intelligence Agency)'';
(B) in subsection (l)(2)(B), by striking
``section'' and inserting ``paragraph''; and
(C) in subsection (n), by inserting ``and Other''
after ``Acquisition''.
(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(3) In section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and inserting
``responsive''.
SEC. 515. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.
(a) Amendments to National Security Intelligence Reform Act of
2004.--The National Security Intelligence Reform Act of 2004 (title I
of Public Law 108-458; 118 Stat. 3643) is amended as follows:
(1) In section 1016(e)(10)(B) (6 U.S.C. 485(e)(10)(B)), by
striking ``Attorney General'' the second place it appears and
inserting ``Department of Justice''.
(2) In section 1071(e), by striking ``(1)''.
(3) In section 1072(b), in the subsection heading by
inserting ``Agency'' after ``Intelligence''.
(b) Other Amendments to Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638) is amended
as follows:
(1) In section 2001 (28 U.S.C. 532 note)--
(A) in subsection (c)(1), by inserting ``of''
before ``an institutional culture'';
(B) in subsection (e)(2), by striking ``the
National Intelligence Director in a manner consistent
with section 112(e)'' and inserting ``the Director of
National Intelligence in a manner consistent with
applicable law''; and
(C) in subsection (f), by striking ``shall,'' in
the matter preceding paragraph (1) and inserting
``shall''.
(2) In section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking ``the Federal''
and inserting ``Federal''; and
(B) in paragraph (3), by striking ``the specific''
and inserting ``specific''.
SEC. 516. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by striking the item relating to the Director
of Central Intelligence and inserting the following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Directors of Central Intelligence and inserting the following new item:
``Deputy Director of the Central Intelligence Agency.''.
(c) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by striking the item relating to the General
Counsel of the Office of the National Intelligence Director and
inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 517. TECHNICAL AMENDMENTS RELATING TO THE NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
(a) Title 5.--Title 5, United States Code, is amended by striking
``National Imagery and Mapping Agency'' each place it appears and
inserting ``National Geospatial-Intelligence Agency''.
(b) Title 44.--Title 44, United States Code, is amended--
(1) in section 1336--
(A) in the heading, by striking ``National Imagery
and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''; and
(B) by striking ``National Imagery and Mapping
Agency'' each place it appears and inserting ``National
Geospatial-Intelligence Agency''; and
(2) in the table of sections at the beginning of chapter
13, by striking the item relating to section 1336 and inserting
the following new item:
``1336. National Geospatial-Intelligence Agency: special
publications.''.
(c) Section 201 of the Homeland Security Act of 2002.--Section
201(f)(2)(E) of the Homeland Security Act of 2002 (6 U.S.C. 121) is
amended by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
Passed the House of Representatives July 16, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
By Robert F. Reeves,
Deputy Clerk.
Calendar No. 888
110th CONGRESS
2d Session
H. R. 5959
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2009 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
_______________________________________________________________________
July 17, 2008
Received; read twice and placed on the calendar