[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2701 Enrolled Bill (ENR)]
H.R.2701
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To authorize appropriations for fiscal year 2010 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Restriction on conduct of intelligence activities.
Sec. 103. Budgetary provisions.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Technical modification to mandatory retirement provision of
the Central Intelligence Agency Retirement Act.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements of
the intelligence community.
Sec. 303. Pay authority for critical positions.
Sec. 304. Award of rank to members of the Senior National Intelligence
Service.
Sec. 305. Annual personnel level assessments for the intelligence
community.
Sec. 306. Temporary personnel authorizations for critical language
training.
Sec. 307. Conflict of interest regulations for intelligence community
employees.
Subtitle B--Education Programs
Sec. 311. Permanent authorization for the Pat Roberts Intelligence
Scholars Program.
Sec. 312. Modifications to the Louis Stokes Educational Scholarship
Program.
Sec. 313. Intelligence officer training program.
Sec. 314. Pilot program for intensive language instruction in African
languages.
Subtitle C--Acquisition Matters
Sec. 321. Vulnerability assessments of major systems.
Sec. 322. Intelligence community business system transformation.
Sec. 323. Reports on the acquisition of major systems.
Sec. 324. Critical cost growth in major systems.
Sec. 325. Future budget projections.
Sec. 326. National Intelligence Program funded acquisitions.
Subtitle D--Congressional Oversight, Plans, and Reports
Sec. 331. Notification procedures.
Sec. 332. Certification of compliance with oversight requirements.
Sec. 333. Report on detention and interrogation activities.
Sec. 334. Summary of intelligence relating to terrorist recidivism of
detainees held at United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 335. Report and strategic plan on biological weapons.
Sec. 336. Cybersecurity oversight.
Sec. 337. Report on foreign language proficiency in the intelligence
community.
Sec. 338. Report on plans to increase diversity within the intelligence
community.
Sec. 339. Report on intelligence community contractors.
Sec. 340. Study on electronic waste destruction practices of the
intelligence community.
Sec. 341. Review of records relating to potential health risks among
Desert Storm veterans.
Sec. 342. Review of Federal Bureau of Investigation exercise of
enforcement jurisdiction in foreign nations.
Sec. 343. Public release of information on procedures used in narcotics
airbridge denial program in Peru.
Sec. 344. Report on threat from dirty bombs.
Sec. 345. Report on creation of space intelligence office.
Sec. 346. Report on attempt to detonate explosive device on Northwest
Airlines flight 253.
Sec. 347. Repeal or modification of certain reporting requirements.
Sec. 348. Information access by the Comptroller General of the United
States.
Sec. 349. Conforming amendments for report submission dates.
Subtitle E--Other Matters
Sec. 361. Extension of authority to delete information about receipt and
disposition of foreign gifts and decorations.
Sec. 362. Modification of availability of funds for different
intelligence activities.
Sec. 363. Protection of certain national security information.
Sec. 364. National Intelligence Program budget.
Sec. 365. Improving the review authority of the Public Interest
Declassification Board.
Sec. 366. Authority to designate undercover operations to collect
foreign intelligence or counterintelligence.
Sec. 367. Security clearances: reports; reciprocity.
Sec. 368. Correcting long-standing material weaknesses.
Sec. 369. Intelligence community financial improvement and audit
readiness.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Accountability reviews by the Director of National
Intelligence.
Sec. 402. Authorities for intelligence information sharing.
Sec. 403. Location of the Office of the Director of National
Intelligence.
Sec. 404. Title and appointment of Chief Information Officer of the
Intelligence Community.
Sec. 405. Inspector General of the Intelligence Community.
Sec. 406. Chief Financial Officer of the Intelligence Community.
Sec. 407. Leadership and location of certain offices and officials.
Sec. 408. Protection of certain files of the Office of the Director of
National Intelligence.
Sec. 409. Counterintelligence initiatives for the intelligence
community.
Sec. 410. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of National
Intelligence.
Sec. 411. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 412. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 413. Misuse of the Office of the Director of National Intelligence
name, initials, or seal.
Sec. 414. Plan to implement recommendations of the data center energy
efficiency reports.
Sec. 415. Director of National Intelligence support for reviews of
International Traffic in Arms Regulations and Export
Administration Regulations.
Subtitle B--Central Intelligence Agency
Sec. 421. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 422. Appeals from decisions involving contracts of the Central
Intelligence Agency.
Sec. 423. Deputy Director of the Central Intelligence Agency.
Sec. 424. Authority to authorize travel on a common carrier.
Sec. 425. Inspector General for the Central Intelligence Agency.
Sec. 426. Budget of the Inspector General for the Central Intelligence
Agency.
Sec. 427. Public availability of unclassified versions of certain
intelligence products.
Subtitle C--Defense Intelligence Components
Sec. 431. Inspector general matters.
Sec. 432. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis and dissemination
of certain intelligence information.
Sec. 433. Director of Compliance of the National Security Agency.
Subtitle D--Other Elements
Sec. 441. Codification of additional elements of the intelligence
community.
Sec. 442. Authorization of appropriations for Coast Guard National
Tactical Integration Office.
Sec. 443. Retention and relocation bonuses for the Federal Bureau of
Investigation.
Sec. 444. Extension of the authority of the Federal Bureau of
Investigation to waive mandatory retirement provisions.
Sec. 445. Report and assessments on transformation of the intelligence
capabilities of the Federal Bureau of Investigation.
TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE
Sec. 501. Reorganization of the Diplomatic Telecommunications Service
Program Office.
TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Establishment and functions of the Commission.
Sec. 604. Members and staff of the Commission.
Sec. 605. Powers and duties of the Commission.
Sec. 606. Report of the Commission.
Sec. 607. Termination.
Sec. 608. Nonapplicability of Federal Advisory Committee Act.
Sec. 609. Authorization of appropriations.
TITLE VII--OTHER MATTERS
Sec. 701. Extension of National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community.
Sec. 702. Classification review of executive branch materials in the
possession of the congressional intelligence committees.
TITLE VIII--TECHNICAL AMENDMENTS
Sec. 801. Technical amendments to the Foreign Intelligence Surveillance
Act of 1978.
Sec. 802. Technical amendments to the Central Intelligence Agency Act of
1949.
Sec. 803. Technical amendments to title 10, United States Code.
Sec. 804. Technical amendments to the National Security Act of 1947.
Sec. 805. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 806. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 807. Technical amendments to the Executive Schedule.
Sec. 808. Technical amendments to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004.
Sec. 809. Technical amendments to section 602 of the Intelligence
Authorization Act for Fiscal Year 1995.
Sec. 810. Technical amendments to section 403 of the Intelligence
Authorization Act, Fiscal Year 1992.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
For the purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414), appropriated funds available to an intelligence
agency may be obligated or expended for an intelligence or
intelligence-related activity as appropriated for fiscal year 2010, as
modified by such reprogramming and transfers of funds authorized by and
reported to the appropriate congressional committees.
SEC. 102. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
that is not otherwise authorized by the Constitution or the laws of the
United States.
SEC. 103. BUDGETARY PROVISIONS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION
OF THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
Subparagraph (A) of section 235(b)(1) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2055(b)(1)) is amended by striking
``receiving compensation under the Senior Intelligence Service pay
schedule at the rate'' and inserting ``who is at the Senior
Intelligence Service rank''.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED
BY LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 113 the
following new section:
``detail of other personnel
``Sec. 113A. Except as provided in section 904(g)(2) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c(g)(2)) and
section 113 of this Act, and notwithstanding any other provision of
law, an officer or employee of the United States or member of the Armed
Forces may be detailed to the staff of an element of the intelligence
community funded through the National Intelligence Program from another
element of the intelligence community or from another element of the
United States Government on a reimbursable or nonreimbursable basis, as
jointly agreed to by the head of the receiving element and the head of
the detailing element, for a period not to exceed 2 years.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of such Act is amended by inserting after the item
relating to section 113 the following new item:
``Sec. 113A. Detail of other personnel.''.
SEC. 303. PAY AUTHORITY FOR CRITICAL POSITIONS.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsection:
``(s) Pay Authority for Critical Positions.--(1) Notwithstanding
any pay limitation established under any other provision of law
applicable to employees in elements of the intelligence community, the
Director of National Intelligence may, in coordination with the
Director of the Office of Personnel Management and the Director of the
Office of Management and Budget, grant authority to the head of a
department or agency to fix the rate of basic pay for one or more
positions within the intelligence community at a rate in excess of any
applicable limitation, subject to the provisions of this subsection.
The exercise of authority so granted is at the discretion of the head
of the department or agency employing the individual in a position
covered by such authority, subject to the provisions of this subsection
and any conditions established by the Director of National Intelligence
when granting such authority.
``(2) Authority under this subsection may be granted or exercised
only--
``(A) with respect to a position that requires an extremely
high level of expertise and is critical to successful
accomplishment of an important mission; and
``(B) to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) The head of a department or agency may not fix a rate of
basic pay under this subsection at a rate greater than the rate payable
for level II of the Executive Schedule under section 5313 of title 5,
United States Code, except upon written approval of the Director of
National Intelligence or as otherwise authorized by law.
``(4) The head of a department or agency may not fix a rate of
basic pay under this subsection at a rate greater than the rate payable
for level I of the Executive Schedule under section 5312 of title 5,
United States Code, except upon written approval of the President in
response to a request by the Director of National Intelligence or as
otherwise authorized by law.
``(5) Any grant of authority under this subsection for a position
shall terminate at the discretion of the Director of National
Intelligence.
``(6)(A) The Director of National Intelligence shall notify the
congressional intelligence committees not later than 30 days after the
date on which the Director grants authority to the head of a department
or agency under this subsection.
``(B) The head of a department or agency to which the Director of
National Intelligence grants authority under this subsection shall
notify the congressional intelligence committees and the Director of
the exercise of such authority not later than 30 days after the date on
which such head exercises such authority.''.
SEC. 304. AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL
INTELLIGENCE SERVICE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 303 of this Act, is further amended by adding
at the end the following new subsection:
``(t) Award of Rank to Members of the Senior National Intelligence
Service.--(1) The President, based on the recommendation of the
Director of National Intelligence, may award a rank to a member of the
Senior National Intelligence Service or other intelligence community
senior civilian officer not already covered by such a rank award
program in the same manner in which a career appointee of an agency may
be awarded a rank under section 4507 of title 5, United States Code.
``(2) The President may establish procedures to award a rank under
paragraph (1) to a member of the Senior National Intelligence Service
or a senior civilian officer of the intelligence community whose
identity as such a member or officer is classified information (as
defined in section 606(1)).''.
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
(a) Assessment.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by inserting after section 506A the
following new section:
``annual personnel level assessments for the intelligence community
``Sec. 506B. (a) Requirement To Provide.--The Director of National
Intelligence shall, in consultation with the head of each element of
the intelligence community, prepare an annual personnel level
assessment for such element that assesses the personnel levels for such
element for the fiscal year following the fiscal year in which the
assessment is submitted.
``(b) Schedule.--Each assessment required by subsection (a) shall
be submitted to the congressional intelligence committees each year at
the time that the President submits to Congress the budget for a fiscal
year pursuant to section 1105 of title 31, United States Code.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain the following information
for the element of the intelligence community concerned:
``(1) The budget submission for personnel costs for the
upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of such
costs as compared to the personnel costs of the current fiscal
year.
``(3) The dollar and percentage increase or decrease of such
costs as compared to the personnel costs during the prior 5 fiscal
years.
``(4) The number of full-time equivalent positions that is the
basis for which personnel funds are requested for the upcoming
fiscal year.
``(5) The numerical and percentage increase or decrease of the
number referred to in paragraph (4) as compared to the number of
full-time equivalent positions of the current fiscal year.
``(6) The numerical and percentage increase or decrease of the
number referred to in paragraph (4) as compared to the number of
full-time equivalent positions during the prior 5 fiscal years.
``(7) The best estimate of the number and costs of core
contract personnel to be funded by the element for the upcoming
fiscal year.
``(8) The numerical and percentage increase or decrease of such
costs of core contract personnel as compared to the best estimate
of the costs of core contract personnel of the current fiscal year.
``(9) The numerical and percentage increase or decrease of such
number and such costs of core contract personnel as compared to the
number and cost of core contract personnel during the prior 5
fiscal years.
``(10) A justification for the requested personnel and core
contract personnel levels.
``(11) The best estimate of the number of intelligence
collectors and analysts employed or contracted by each element of
the intelligence community.
``(12) A statement by the Director of National Intelligence
that, based on current and projected funding, the element concerned
will have sufficient--
``(A) internal infrastructure to support the requested
personnel and core contract personnel levels;
``(B) training resources to support the requested personnel
levels; and
``(C) funding to support the administrative and operational
activities of the requested personnel levels.''.
(b) Applicability Date.--The first assessment required to be
submitted under section 506B(b) of the National Security Act of 1947,
as added by subsection (a), shall be submitted to the congressional
intelligence committees at the time that the President submits to
Congress the budget for fiscal year 2012 pursuant to section 1105 of
title 31, United States Code.
(c) Table of Contents Amendment.--The table of contents in the
first section of such Act, as amended by section 302 of this Act, is
further amended by inserting after the item relating to section 506A
the following new item:
``Sec. 506B. Annual personnel level assessments for the intelligence
community.''.
SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR CRITICAL LANGUAGE
TRAINING.
Section 102A(e) of the National Security Act of 1947 (50 U.S.C.
403-1(e)) is amended by--
(1) redesignating paragraph (3) as paragraph (4); and
(2) inserting after paragraph (2) the following new paragraph:
``(3)(A) In addition to the number of full-time equivalent
positions authorized for the Office of the Director of National
Intelligence for a fiscal year, there is authorized for such Office for
each fiscal year an additional 100 full-time equivalent positions that
may be used only for the purposes described in subparagraph (B).
``(B) Except as provided in subparagraph (C), the Director of
National Intelligence may use a full-time equivalent position
authorized under subparagraph (A) only for the purpose of providing a
temporary transfer of personnel made in accordance with paragraph (2)
to an element of the intelligence community to enable such element to
increase the total number of personnel authorized for such element, on
a temporary basis--
``(i) during a period in which a permanent employee of such
element is absent to participate in critical language training; or
``(ii) to accept a permanent employee of another element of the
intelligence community to provide language-capable services.
``(C) Paragraph (2)(B) shall not apply with respect to a transfer
of personnel made under subparagraph (B).
``(D) The Director of National Intelligence shall submit to the
congressional intelligence committees an annual report on the use of
authorities under this paragraph. Each such report shall include a
description of--
``(i) the number of transfers of personnel made by the Director
pursuant to subparagraph (B), disaggregated by each element of the
intelligence community;
``(ii) the critical language needs that were fulfilled or
partially fulfilled through the use of such transfers; and
``(iii) the cost to carry out subparagraph (B).''.
SEC. 307. CONFLICT OF INTEREST REGULATIONS FOR INTELLIGENCE
COMMUNITY EMPLOYEES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 304 of this Act, is further amended by adding
at the end the following new subsection:
``(u) Conflict of Interest Regulations.--(1) The Director of
National Intelligence, in consultation with the Director of the Office
of Government Ethics, shall issue regulations prohibiting an officer or
employee of an element of the intelligence community from engaging in
outside employment if such employment creates a conflict of interest or
appearance thereof.
``(2) The Director of National Intelligence shall annually submit
to the congressional intelligence committees a report describing all
outside employment for officers and employees of elements of the
intelligence community that was authorized by the head of an element of
the intelligence community during the preceding calendar year. Such
report shall be submitted each year on the date provided in section
507.''.
Subtitle B--Education Programs
SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROBERTS INTELLIGENCE
SCHOLARS PROGRAM.
(a) Permanent Authorization.--Subtitle C of title X of the National
Security Act of 1947 (50 U.S.C. 441m et seq.) is amended by adding at
the end the following new section:
``program on recruitment and training
``Sec. 1022. (a) Program.--(1) The Director of National
Intelligence shall carry out a program to ensure that selected students
or former students are provided funds to continue academic training, or
are reimbursed for academic training previously obtained, in areas of
specialization that the Director, in consultation with the other heads
of the elements of the intelligence community, identifies as areas in
which the current capabilities of the intelligence community are
deficient or in which future capabilities of the intelligence community
are likely to be deficient.
``(2) A student or former student selected for participation in the
program shall commit to employment with an element of the intelligence
community, following completion of appropriate academic training, under
such terms and conditions as the Director considers appropriate.
``(3) The program shall be known as the Pat Roberts Intelligence
Scholars Program.
``(b) Elements.--In carrying out the program under subsection (a),
the Director shall--
``(1) establish such requirements relating to the academic
training of participants as the Director considers appropriate to
ensure that participants are prepared for employment as
intelligence professionals; and
``(2) periodically review the areas of specialization of the
elements of the intelligence community to determine the areas in
which such elements are, or are likely to be, deficient in
capabilities.
``(c) Use of Funds.--Funds made available for the program under
subsection (a) shall be used--
``(1) to provide a monthly stipend for each month that a
student is pursuing a course of study;
``(2) to pay the full tuition of a student or former student
for the completion of such course of study;
``(3) to pay for books and materials that the student or former
student requires or required to complete such course of study;
``(4) to pay the expenses of the student or former student for
travel requested by an element of the intelligence community in
relation to such program; or
``(5) for such other purposes the Director considers reasonably
appropriate to carry out such program.''.
(b) Conforming Amendments.--
(1) Table of contents amendment.--The table of contents in the
first section of such Act, as amended by section 305 of this Act,
is further amended--
(A) by transferring the item relating to section 1002 so
such item immediately follows the item relating to section
1001; and
(B) by inserting after the item relating to section 1021
the following new item:
``Sec. 1022. Program on recruitment and training.''.
(2) Repeal of pilot program.--
(A) Authority.--Section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
U.S.C. 441g note) is repealed.
(B) Table of contents amendment.--The table of contents in
section 1 of the Intelligence Authorization Act for Fiscal Year
2004 (Public Law 108-177; 117 Stat. 2599) is amended by
striking the item relating to section 318.
SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDUCATIONAL SCHOLARSHIP
PROGRAM.
(a) Expansion of the Louis Stokes Educational Scholarship Program
to Graduate Students.--Section 16 of the National Security Agency Act
of 1959 (50 U.S.C. 402 note) is amended--
(1) in subsection (a)--
(A) by inserting ``and graduate'' after ``undergraduate'';
and
(B) by striking ``the baccalaureate'' and inserting ``a
baccalaureate or graduate'';
(2) in subsection (b), by inserting ``or graduate'' after
``undergraduate'';
(3) in subsection (e)(2), by inserting ``and graduate'' after
``undergraduate''; and
(4) by adding at the end the following new subsection:
``(h) The undergraduate and graduate training program established
under this section shall be known as the Louis Stokes Educational
Scholarship Program.''.
(b) Authority for Participation by Individuals Who Are Not Employed
by the United States Government.--
(1) In general.--Subsection (b) of section 16 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note), as amended by
subsection (a)(2), is further amended by striking ``civilian
employees'' and inserting ``civilians who may or may not be
employees''.
(2) Conforming amendments.--Section 16 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note), as amended by subsection
(a), is further amended--
(A) in subsection (c), by striking ``employees'' and
inserting ``program participants''; and
(B) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A),
strike ``an employee of the Agency,'' and insert ``a
program participant,'';
(II) in subparagraph (A), by striking ``employee''
and inserting ``program participant'';
(III) in subparagraph (C)--
(aa) by striking ``employee'' each place that
term appears and inserting ``program participant'';
and
(bb) by striking ``employee's'' each place that
term appears and inserting ``program
participant's''; and
(IV) in subparagraph (D)--
(aa) by striking ``employee'' each place that
term appears and inserting ``program participant'';
and
(bb) by striking ``employee's'' each place that
term appears and inserting ``program
participant's''; and
(ii) in paragraph (3)(C)--
(I) by striking ``employee'' both places that term
appears and inserting ``program participant''; and
(II) by striking ``employee's'' and inserting
``program participant's''.
(c) Termination of Program Participants.--Subsection (d)(1)(C) of
section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402
note), as amended by subsection (b)(2)(B)(i)(III), is further amended
by striking ``terminated'' and all that follows and inserting
``terminated--
``(i) by the Agency due to misconduct by the program
participant;
``(ii) by the program participant voluntarily; or
``(iii) by the Agency for the failure of the program
participant to maintain such level of academic standing in the
educational course of training as the Director of the National
Security Agency shall have specified in the agreement of the
program participant under this subsection; and''.
(d) Authority To Withhold Disclosure of Affiliation With NSA.--
Subsection (e) of Section 16 of the National Security Agency Act of
1959 (50 U.S.C. 402 note) is amended by striking ``(1) When an
employee'' and all that follows through ``(2) Agency efforts'' and
inserting ``Agency efforts''.
(e) Authority of Elements of the Intelligence Community To
Establish a Stokes Educational Scholarship Program.--
(1) Authority.--Subtitle C of title X of the National Security
Act of 1947 (50 U.S.C. 441m et seq.), as amended by section 311 of
this Act, is further amended by adding at the end the following new
section:
``educational scholarship program
``Sec. 1023. The head of a department or agency containing an
element of the intelligence community may establish an undergraduate or
graduate training program with respect to civilian employees and
prospective civilian employees of such element similar in purpose,
conditions, content, and administration to the program that the
Secretary of Defense is authorized to establish under section 16 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note).''.
(2) Table of contents amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 311 of this Act, is further amended by inserting after the
item relating to section 1022, as added by such section 311, the
following new item:
``Sec. 1023. Educational scholarship program.''.
SEC. 313. INTELLIGENCE OFFICER TRAINING PROGRAM.
(a) Program.--Subtitle C of title X of the National Security Act of
1947 (50 U.S.C. 441m et seq.), as amended by section 312(e) of this
Act, is further amended by adding at the end the following new section:
``intelligence officer training program
``Sec. 1024. (a) Programs.--(1) The Director of National
Intelligence may carry out grant programs in accordance with subsection
(b) to enhance the recruitment and retention of an ethnically and
culturally diverse intelligence community workforce with capabilities
critical to the national security interests of the United States.
``(2) In carrying out paragraph (1), the Director shall identify
the skills necessary to meet current or emergent needs of the
intelligence community and the educational disciplines that will
provide individuals with such skills.
``(b) Institutional Grant Program.--(1) The Director may provide
grants to institutions of higher education to support the establishment
or continued development of programs of study in educational
disciplines identified under subsection (a)(2).
``(2) A grant provided under paragraph (1) may, with respect to the
educational disciplines identified under subsection (a)(2), be used for
the following purposes:
``(A) Curriculum or program development.
``(B) Faculty development.
``(C) Laboratory equipment or improvements.
``(D) Faculty research.
``(c) Application.--An institution of higher education seeking a
grant under this section shall submit an application describing the
proposed use of the grant at such time and in such manner as the
Director may require.
``(d) Reports.--An institution of higher education that receives a
grant under this section shall submit to the Director regular reports
regarding the use of such grant, including--
``(1) a description of the benefits to students who participate
in the course of study funded by such grant;
``(2) a description of the results and accomplishments related
to such course of study; and
``(3) any other information that the Director may require.
``(e) Regulations.--The Director shall prescribe such regulations
as may be necessary to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `Director' means the Director of National
Intelligence.
``(2) The term `institution of higher education' has the
meaning given the term in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).''.
(b) Repeal of Duplicative Provisions.--
(1) In general.--The following provisions of law are repealed:
(A) Subsections (b) through (g) of section 319 of the
Intelligence Authorization Act for Fiscal Year 2004 (Public Law
108-177; 50 U.S.C. 403 note).
(B) Section 1003 of the National Security Act of 1947 (50
U.S.C. 441g-2).
(C) Section 922 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 50
U.S.C. 402 note).
(2) Existing agreements.--Notwithstanding the repeals made by
paragraph (1), nothing in this subsection shall be construed to
amend, modify, or abrogate any agreement, contract, or employment
relationship that was in effect in relation to the provisions
repealed under paragraph (1) on the day prior to the date of the
enactment of this Act.
(3) Technical amendment.--Section 319 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
U.S.C. 403 note) is amended by striking ``(a) Findings.--''.
(c) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 312 of this Act, is further amended by striking the item
relating to section 1003 and inserting the following new item:
``Sec. 1024. Intelligence officer training program.''.
SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE INSTRUCTION IN
AFRICAN LANGUAGES.
(a) Establishment.--The Director of National Intelligence, in
consultation with the National Security Education Board established
under section 803(a) of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1903(a)), may establish a pilot program for
intensive language instruction in African languages.
(b) Program.--A pilot program established under subsection (a)
shall provide scholarships for programs that provide intensive language
instruction--
(1) in any of the five highest priority African languages for
which scholarships are not offered under the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1901 et seq.),
as determined by the Director of National Intelligence; and
(2) both in the United States and in a country in which the
language is the native language of a significant portion of the
population, as determined by the Director of National Intelligence.
(c) Termination.--A pilot program established under subsection (a)
shall terminate on the date that is five years after the date on which
such pilot program is established.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $2,000,000.
(2) Availability.--Funds authorized to be appropriated under
paragraph (1) shall remain available until the termination of the
pilot program in accordance with subsection (c).
Subtitle C--Acquisition Matters
SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.
(a) Vulnerability Assessments of Major Systems.--
(1) In general.--Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.), as amended by section 305 of this Act, is
further amended by inserting after section 506B, as added by
section 305(a), the following new section:
``vulnerability assessments of major systems
``Sec. 506C. (a) Initial Vulnerability Assessments.--(1)(A) Except
as provided in subparagraph (B), the Director of National Intelligence
shall conduct and submit to the congressional intelligence committees
an initial vulnerability assessment for each major system and its
significant items of supply--
``(i) except as provided in clause (ii), prior to the
completion of Milestone B or an equivalent acquisition decision for
the major system; or
``(ii) prior to the date that is 1 year after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2010 in the case of a major system for which Milestone B or an
equivalent acquisition decision--
``(I) was completed prior to such date of enactment; or
``(II) is completed on a date during the 180-day period
following such date of enactment.
``(B) The Director may submit to the congressional intelligence
committees an initial vulnerability assessment required by clause (ii)
of subparagraph (A) not later than 180 days after the date such
assessment is required to be submitted under such clause if the
Director notifies the congressional intelligence committees of the
extension of the submission date under this subparagraph and provides a
justification for such extension.
``(C) The initial vulnerability assessment of a major system and
its significant items of supply shall include use of an analysis-based
approach to--
``(i) identify vulnerabilities;
``(ii) define exploitation potential;
``(iii) examine the system's potential effectiveness;
``(iv) determine overall vulnerability; and
``(v) make recommendations for risk reduction.
``(2) If an initial vulnerability assessment for a major system is
not submitted to the congressional intelligence committees as required
by paragraph (1), funds appropriated for the acquisition of the major
system may not be obligated for a major contract related to the major
system. Such prohibition on the obligation of funds for the acquisition
of the major system shall cease to apply on the date on which the
congressional intelligence committees receive the initial vulnerability
assessment.
``(b) Subsequent Vulnerability Assessments.--(1) The Director of
National Intelligence shall, periodically throughout the procurement of
a major system or if the Director determines that a change in
circumstances warrants the issuance of a subsequent vulnerability
assessment, conduct a subsequent vulnerability assessment of each major
system and its significant items of supply within the National
Intelligence Program.
``(2) Upon the request of a congressional intelligence committee,
the Director of National Intelligence may, if appropriate, recertify
the previous vulnerability assessment or may conduct a subsequent
vulnerability assessment of a particular major system and its
significant items of supply within the National Intelligence Program.
``(3) Any subsequent vulnerability assessment of a major system and
its significant items of supply shall include use of an analysis-based
approach and, if applicable, a testing-based approach, to monitor the
exploitation potential of such system and reexamine the factors
described in clauses (i) through (v) of subsection (a)(1)(C).
``(c) Major System Management.--The Director of National
Intelligence shall give due consideration to the vulnerability
assessments prepared for a given major system when developing and
determining the National Intelligence Program budget.
``(d) Congressional Oversight.--(1) The Director of National
Intelligence shall provide to the congressional intelligence committees
a copy of each vulnerability assessment conducted under subsection (a)
or (b) not later than 10 days after the date of the completion of such
assessment.
``(2) The Director of National Intelligence shall provide the
congressional intelligence committees with a proposed schedule for
subsequent periodic vulnerability assessments of a major system under
subsection (b)(1) when providing such committees with the initial
vulnerability assessment under subsection (a) of such system as
required by paragraph (1).
``(e) Definitions.--In this section:
``(1) The term `item of supply' has the meaning given that term
in section 4(10) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(10)).
``(2) The term `major contract' means each of the 6 largest
prime, associate, or Government-furnished equipment contracts under
a major system that is in excess of $40,000,000 and that is not a
firm, fixed price contract.
``(3) The term `major system' has the meaning given that term
in section 506A(e).
``(4) The term `Milestone B' means a decision to enter into
major system development and demonstration pursuant to guidance
prescribed by the Director of National Intelligence.
``(5) The term `vulnerability assessment' means the process of
identifying and quantifying vulnerabilities in a major system and
its significant items of supply.''.
(2) Table of contents amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 313 of this Act, is further amended by inserting after the
item relating to section 506B, as added by section 305(c) of this
Act, the following new item:
``Sec. 506C. Vulnerability assessments of major systems.''.
(b) Definition of Major System.--Paragraph (3) of section 506A(e)
of the National Security Act of 1947 (50 U.S.C. 415a-1(e)) is amended
by striking ``(in current fiscal year dollars)'' and inserting ``(based
on fiscal year 2010 constant dollars)''.
SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.
(a) Intelligence Community Business System Transformation.--
(1) In general.--Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.), as amended by section 321 of this Act, is
further amended by inserting after section 506C, as added by
section 321(a), the following new section:
``intelligence community business system transformation
``Sec. 506D. (a) Limitation on Obligation of Funds.--(1) Subject
to paragraph (3), no funds appropriated to any element of the
intelligence community may be obligated for an intelligence community
business system transformation that will have a total cost in excess of
$3,000,000 unless--
``(A) the Director of the Office of Business Transformation of
the Office of the Director of National Intelligence makes a
certification described in paragraph (2) with respect to such
intelligence community business system transformation; and
``(B) such certification is approved by the board established
under subsection (f).
``(2) The certification described in this paragraph for an
intelligence community business system transformation is a
certification made by the Director of the Office of Business
Transformation of the Office of the Director of National Intelligence
that the intelligence community business system transformation--
``(A) complies with the enterprise architecture under
subsection (b) and such other policies and standards that the
Director of National Intelligence considers appropriate; or
``(B) is necessary--
``(i) to achieve a critical national security capability or
address a critical requirement; or
``(ii) to prevent a significant adverse effect on a project
that is needed to achieve an essential capability, taking into
consideration any alternative solutions for preventing such
adverse effect.
``(3) With respect to a fiscal year after fiscal year 2010, the
amount referred to in paragraph (1) in the matter preceding
subparagraph (A) shall be equal to the sum of--
``(A) the amount in effect under such paragraph (1) for the
preceding fiscal year (determined after application of this
paragraph), plus
``(B) such amount multiplied by the annual percentage increase
in the consumer price index (all items; U.S. city average) as of
September of the previous fiscal year.
``(b) Enterprise Architecture for Intelligence Community Business
Systems.--(1) The Director of National Intelligence shall, acting
through the board established under subsection (f), develop and
implement an enterprise architecture to cover all intelligence
community business systems, and the functions and activities supported
by such business systems. The enterprise architecture shall be
sufficiently defined to effectively guide, constrain, and permit
implementation of interoperable intelligence community business system
solutions, consistent with applicable policies and procedures
established by the Director of the Office of Management and Budget.
``(2) The enterprise architecture under paragraph (1) shall include
the following:
``(A) An information infrastructure that will enable the
intelligence community to--
``(i) comply with all Federal accounting, financial
management, and reporting requirements;
``(ii) routinely produce timely, accurate, and reliable
financial information for management purposes;
``(iii) integrate budget, accounting, and program
information and systems; and
``(iv) provide for the measurement of performance,
including the ability to produce timely, relevant, and reliable
cost information.
``(B) Policies, procedures, data standards, and system
interface requirements that apply uniformly throughout the
intelligence community.
``(c) Responsibilities for Intelligence Community Business System
Transformation.--The Director of National Intelligence shall be
responsible for the entire life cycle of an intelligence community
business system transformation, including review, approval, and
oversight of the planning, design, acquisition, deployment, operation,
and maintenance of the business system transformation.
``(d) Intelligence Community Business System Investment Review.--
(1) The Director of the Office of Business Transformation of the Office
of the Director of National Intelligence shall establish and implement,
not later than 60 days after the enactment of the Intelligence
Authorization Act for Fiscal Year 2010, an investment review process
for the intelligence community business systems for which the Director
of the Office of Business Transformation is responsible.
``(2) The investment review process under paragraph (1) shall--
``(A) meet the requirements of section 11312 of title 40,
United States Code; and
``(B) specifically set forth the responsibilities of the
Director of the Office of Business Transformation under such review
process.
``(3) The investment review process under paragraph (1) shall
include the following elements:
``(A) Review and approval by an investment review board
(consisting of appropriate representatives of the intelligence
community) of each intelligence community business system as an
investment before the obligation of funds for such system.
``(B) Periodic review, but not less often than annually, of
every intelligence community business system investment.
``(C) Thresholds for levels of review to ensure appropriate
review of intelligence community business system investments
depending on the scope, complexity, and cost of the system
involved.
``(D) Procedures for making certifications in accordance with
the requirements of subsection (a)(2).
``(e) Budget Information.--For each fiscal year after fiscal year
2011, the Director of National Intelligence shall include in the
materials the Director submits to Congress in support of the budget for
such fiscal year that is submitted to Congress under section 1105 of
title 31, United States Code, the following information:
``(1) An identification of each intelligence community business
system for which funding is proposed in such budget.
``(2) An identification of all funds, by appropriation,
proposed in such budget for each such system, including--
``(A) funds for current services to operate and maintain
such system;
``(B) funds for business systems modernization identified
for each specific appropriation; and
``(C) funds for associated business process improvement or
reengineering efforts.
``(3) The certification, if any, made under subsection (a)(2)
with respect to each such system.
``(f) Intelligence Community Business System Transformation
Governance Board.--(1) The Director of National Intelligence shall
establish a board within the intelligence community business system
transformation governance structure (in this subsection referred to as
the `Board').
``(2) The Board shall--
``(A) recommend to the Director policies and procedures
necessary to effectively integrate all business activities and any
transformation, reform, reorganization, or process improvement
initiatives undertaken within the intelligence community;
``(B) review and approve any major update of--
``(i) the enterprise architecture developed under
subsection (b); and
``(ii) any plans for an intelligence community business
systems modernization;
``(C) manage cross-domain integration consistent with such
enterprise architecture;
``(D) coordinate initiatives for intelligence community
business system transformation to maximize benefits and minimize
costs for the intelligence community, and periodically report to
the Director on the status of efforts to carry out an intelligence
community business system transformation;
``(E) ensure that funds are obligated for intelligence
community business system transformation in a manner consistent
with subsection (a); and
``(F) carry out such other duties as the Director shall
specify.
``(g) Relation to Annual Registration Requirements.--Nothing in
this section shall be construed to alter the requirements of section
8083 of the Department of Defense Appropriations Act, 2005 (Public Law
108-287; 118 Stat. 989), with regard to information technology systems
(as defined in subsection (d) of such section).
``(h) Relationship to Defense Business Enterprise Architecture.--
Nothing in this section shall be construed to exempt funds authorized
to be appropriated to the Department of Defense from the requirements
of section 2222 of title 10, United States Code, to the extent that
such requirements are otherwise applicable.
``(i) Relation to Clinger-Cohen Act.--(1) Executive agency
responsibilities in chapter 113 of title 40, United States Code, for
any intelligence community business system transformation shall be
exercised jointly by--
``(A) the Director of National Intelligence and the Chief
Information Officer of the Intelligence Community; and
``(B) the head of the executive agency that contains the
element of the intelligence community involved and the chief
information officer of that executive agency.
``(2) The Director of National Intelligence and the head of the
executive agency referred to in paragraph (1)(B) shall enter into a
Memorandum of Understanding to carry out the requirements of this
section in a manner that best meets the needs of the intelligence
community and the executive agency.
``(j) Reports.--Not later than March 31 of each of the years 2011
through 2015, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the compliance of the
intelligence community with the requirements of this section. Each such
report shall--
``(1) describe actions taken and proposed for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance against
specified performance measures, and any revision of such
milestones and performance measures; and
``(B) specific actions on the intelligence community
business system transformations submitted for certification
under such subsection;
``(2) identify the number of intelligence community business
system transformations that received a certification described in
subsection (a)(2); and
``(3) describe specific improvements in business operations and
cost savings resulting from successful intelligence community
business systems transformation efforts.
``(k) Definitions.--In this section:
``(1) The term `enterprise architecture' has the meaning given
that term in section 3601(4) of title 44, United States Code.
``(2) The terms `information system' and `information
technology' have the meanings given those terms in section 11101 of
title 40, United States Code.
``(3) The term `intelligence community business system' means
an information system, including a national security system, that
is operated by, for, or on behalf of an element of the intelligence
community, including a financial system, mixed system, financial
data feeder system, and the business infrastructure capabilities
shared by the systems of the business enterprise architecture,
including people, process, and technology, that build upon the core
infrastructure used to support business activities, such as
acquisition, financial management, logistics, strategic planning
and budgeting, installations and environment, and human resource
management.
``(4) The term `intelligence community business system
transformation' means--
``(A) the acquisition or development of a new intelligence
community business system; or
``(B) any significant modification or enhancement of an
existing intelligence community business system (other than
necessary to maintain current services).
``(5) The term `national security system' has the meaning given
that term in section 3542 of title 44, United States Code.
``(6) The term `Office of Business Transformation of the Office
of the Director of National Intelligence' includes any successor
office that assumes the functions of the Office of Business
Transformation of the Office of the Director of National
Intelligence as carried out by the Office of Business
Transformation on the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2010.''.
(2) Table of contents amendment.--The table of contents in the
first section of that Act, as amended by section 321 of this Act,
is further amended by inserting after the item relating to section
506C, as added by section 321(a)(2), the following new item:
``Sec. 506D. Intelligence community business system transformation.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence
shall designate a chair and other members to serve on the board
established under subsection (f) of such section 506D of the
National Security Act of 1947 (as added by subsection (a)).
(2) Enterprise architecture.--
(A) Schedule for development.--The Director shall develop
the enterprise architecture required by subsection (b) of such
section 506D (as so added), including the initial Business
Enterprise Architecture for business transformation, not later
than 60 days after the enactment of this Act.
(B) Requirement for implementation plan.--In developing
such an enterprise architecture, the Director shall develop an
implementation plan for such enterprise architecture that
includes the following:
(i) An acquisition strategy for new systems that are
expected to be needed to complete such enterprise
architecture, including specific time-phased milestones,
performance metrics, and a statement of the financial and
nonfinancial resource needs.
(ii) An identification of the intelligence community
business systems in operation or planned as of the date
that is 60 days after the enactment of this Act that will
not be a part of such enterprise architecture, together
with the schedule for the phased termination of the
utilization of any such systems.
(iii) An identification of the intelligence community
business systems in operation or planned as of such date,
that will be a part of such enterprise architecture,
together with a strategy for modifying such systems to
ensure that such systems comply with such enterprise
architecture.
(C) Submission of acquisition strategy.--Based on the
results of an enterprise process management review and the
availability of funds, the Director shall submit the
acquisition strategy described in subparagraph (B)(i) to the
congressional intelligence committees not later than March 31,
2011.
SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
(a) Reports.--
(1) In general.--Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.), as amended by section 322 of this Act, is
further amended by inserting after section 506D, as added by
section 322(a)(1), the following new section:
``reports on the acquisition of major systems
``Sec. 506E. (a) Definitions.--In this section:
``(1) The term `cost estimate'--
``(A) means an assessment and quantification of all costs
and risks associated with the acquisition of a major system
based upon reasonably available information at the time the
Director establishes the 2010 adjusted total acquisition cost
for such system pursuant to subsection (h) or restructures such
system pursuant to section 506F(c); and
``(B) does not mean an `independent cost estimate'.
``(2) The term `critical cost growth threshold' means a
percentage increase in the total acquisition cost for a major
system of at least 25 percent over the total acquisition cost for
the major system as shown in the current Baseline Estimate for the
major system.
``(3)(A) The term `current Baseline Estimate' means the
projected total acquisition cost of a major system that is--
``(i) approved by the Director, or a designee of the
Director, at Milestone B or an equivalent acquisition decision
for the development, procurement, and construction of such
system;
``(ii) approved by the Director at the time such system is
restructured pursuant to section 506F(c); or
``(iii) the 2010 adjusted total acquisition cost determined
pursuant to subsection (h).
``(B) A current Baseline Estimate may be in the form of an
independent cost estimate.
``(4) Except as otherwise specifically provided, the term
`Director' means the Director of National Intelligence.
``(5) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(6) The term `major contract' means each of the 6 largest
prime, associate, or Government-furnished equipment contracts under
a major system that is in excess of $40,000,000 and that is not a
firm, fixed price contract.
``(7) The term `major system' has the meaning given that term
in section 506A(e).
``(8) The term `Milestone B' means a decision to enter into
major system development and demonstration pursuant to guidance
prescribed by the Director.
``(9) The term `program manager' means--
``(A) the head of the element of the intelligence community
that is responsible for the budget, cost, schedule, and
performance of a major system; or
``(B) in the case of a major system within the Office of
the Director of National Intelligence, the deputy who is
responsible for the budget, cost, schedule, and performance of
the major system.
``(10) The term `significant cost growth threshold' means the
percentage increase in the total acquisition cost for a major
system of at least 15 percent over the total acquisition cost for
such system as shown in the current Baseline Estimate for such
system.
``(11) The term `total acquisition cost' means the amount equal
to the total cost for development and procurement of, and system-
specific construction for, a major system.
``(b) Major System Cost Reports.--(1) The program manager for a
major system shall, on a quarterly basis, submit to the Director a
major system cost report as described in paragraph (2).
``(2) A major system cost report shall include the following
information (as of the last day of the quarter for which the report is
made):
``(A) The total acquisition cost for the major system.
``(B) Any cost variance or schedule variance in a major
contract for the major system since the contract was entered into.
``(C) Any changes from a major system schedule milestones or
performances that are known, expected, or anticipated by the
program manager.
``(D) Any significant changes in the total acquisition cost for
development and procurement of any software component of the major
system, schedule milestones for such software component of the
major system, or expected performance of such software component of
the major system that are known, expected, or anticipated by the
program manager.
``(3) Each major system cost report required by paragraph (1) shall
be submitted not more than 30 days after the end of the reporting
quarter.
``(c) Reports for Breach of Significant or Critical Cost Growth
Thresholds.--If the program manager of a major system for which a
report has previously been submitted under subsection (b) determines at
any time during a quarter that there is reasonable cause to believe
that the total acquisition cost for the major system has increased by a
percentage equal to or greater than the significant cost growth
threshold or critical cost growth threshold and if a report indicating
an increase of such percentage or more has not previously been
submitted to the Director, then the program manager shall immediately
submit to the Director a major system cost report containing the
information, determined as of the date of the report, required under
subsection (b).
``(d) Notification to Congress of Cost Growth.--(1) Whenever a
major system cost report is submitted to the Director, the Director
shall determine whether the current acquisition cost for the major
system has increased by a percentage equal to or greater than the
significant cost growth threshold or the critical cost growth
threshold.
``(2) If the Director determines that the current total acquisition
cost has increased by a percentage equal to or greater than the
significant cost growth threshold or critical cost growth threshold,
the Director shall submit to Congress a Major System Congressional
Report pursuant to subsection (e).
``(e) Requirement for Major System Congressional Report.--(1)
Whenever the Director determines under subsection (d) that the total
acquisition cost of a major system has increased by a percentage equal
to or greater than the significant cost growth threshold for the major
system, a Major System Congressional Report shall be submitted to
Congress not later than 45 days after the date on which the Director
receives the major system cost report for such major system.
``(2) If the total acquisition cost of a major system (as
determined by the Director under subsection (d)) increases by a
percentage equal to or greater than the critical cost growth threshold
for the program or subprogram, the Director shall take actions
consistent with the requirements of section 506F.
``(f) Major System Congressional Report Elements.--(1) Except as
provided in paragraph (2), each Major System Congressional Report shall
include the following:
``(A) The name of the major system.
``(B) The date of the preparation of the report.
``(C) The program phase of the major system as of the date of
the preparation of the report.
``(D) The estimate of the total acquisition cost for the major
system expressed in constant base-year dollars and in current
dollars.
``(E) The current Baseline Estimate for the major system in
constant base-year dollars and in current dollars.
``(F) A statement of the reasons for any increase in total
acquisition cost for the major system.
``(G) The completion status of the major system--
``(i) expressed as the percentage that the number of years
for which funds have been appropriated for the major system is
of the number of years for which it is planned that funds will
be appropriated for the major system; and
``(ii) expressed as the percentage that the amount of funds
that have been appropriated for the major system is of the
total amount of funds which it is planned will be appropriated
for the major system.
``(H) The fiscal year in which the major system was first
authorized and in which funds for such system were first
appropriated by Congress.
``(I) The current change and the total change, in dollars and
expressed as a percentage, in the total acquisition cost for the
major system, stated both in constant base-year dollars and in
current dollars.
``(J) The quantity of end items to be acquired under the major
system and the current change and total change, if any, in that
quantity.
``(K) The identities of the officers responsible for management
and cost control of the major system.
``(L) The action taken and proposed to be taken to control
future cost growth of the major system.
``(M) Any changes made in the performance or schedule
milestones of the major system and the extent to which such changes
have contributed to the increase in total acquisition cost for the
major system.
``(N) The following contract performance assessment information
with respect to each major contract under the major system:
``(i) The name of the contractor.
``(ii) The phase that the contract is in at the time of the
preparation of the report.
``(iii) The percentage of work under the contract that has
been completed.
``(iv) Any current change and the total change, in dollars
and expressed as a percentage, in the contract cost.
``(v) The percentage by which the contract is currently
ahead of or behind schedule.
``(vi) A narrative providing a summary explanation of the
most significant occurrences, including cost and schedule
variances under major contracts of the major system,
contributing to the changes identified and a discussion of the
effect these occurrences will have on the future costs and
schedule of the major system.
``(O) In any case in which one or more problems with a software
component of the major system significantly contributed to the
increase in costs of the major system, the action taken and
proposed to be taken to solve such problems.
``(2) A Major System Congressional Report prepared for a major
system for which the increase in the total acquisition cost is due to
termination or cancellation of the entire major system shall include
only--
``(A) the information described in subparagraphs (A) through
(F) of paragraph (1); and
``(B) the total percentage change in total acquisition cost for
such system.
``(g) Prohibition on Obligation of Funds.--If a determination of an
increase by a percentage equal to or greater than the significant cost
growth threshold is made by the Director under subsection (d) and a
Major System Congressional Report containing the information described
in subsection (f) is not submitted to Congress under subsection (e)(1),
or if a determination of an increase by a percentage equal to or
greater than the critical cost growth threshold is made by the Director
under subsection (d) and the Major System Congressional Report
containing the information described in subsection (f) and section
506F(b)(3) and the certification required by section 506F(b)(2) are not
submitted to Congress under subsection (e)(2), funds appropriated for
construction, research, development, test, evaluation, and procurement
may not be obligated for a major contract under the major system. The
prohibition on the obligation of funds for a major system shall cease
to apply at the end of the 45-day period that begins on the date--
``(1) on which Congress receives the Major System Congressional
Report under subsection (e)(1) with respect to that major system,
in the case of a determination of an increase by a percentage equal
to or greater than the significant cost growth threshold (as
determined in subsection (d)); or
``(2) on which Congress receives both the Major System
Congressional Report under subsection (e)(2) and the certification
of the Director under section 506F(b)(2) with respect to that major
system, in the case of an increase by a percentage equal to or
greater than the critical cost growth threshold (as determined
under subsection (d)).
``(h) Treatment of Cost Increases Prior to Enactment of
Intelligence Authorization Act for Fiscal Year 2010.--(1) Not later
than 180 days after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2010, the Director--
``(A) shall, for each major system, determine if the total
acquisition cost of such major system increased by a percentage
equal to or greater than the significant cost growth threshold or
the critical cost growth threshold prior to such date of enactment;
``(B) shall establish for each major system for which the total
acquisition cost has increased by a percentage equal to or greater
than the significant cost growth threshold or the critical cost
growth threshold prior to such date of enactment a revised current
Baseline Estimate based upon an updated cost estimate;
``(C) may, for a major system not described in subparagraph
(B), establish a revised current Baseline Estimate based upon an
updated cost estimate; and
``(D) shall submit to Congress a report describing--
``(i) each determination made under subparagraph (A);
``(ii) each revised current Baseline Estimate established
for a major system under subparagraph (B); and
``(iii) each revised current Baseline Estimate established
for a major system under subparagraph (C), including the
percentage increase of the total acquisition cost of such major
system that occurred prior to the date of the enactment of such
Act.
``(2) The revised current Baseline Estimate established for a major
system under subparagraph (B) or (C) of paragraph (1) shall be the 2010
adjusted total acquisition cost for the major system and may include
the estimated cost of conducting any vulnerability assessments for such
major system required under section 506C.
``(i) Requirements To Use Base Year Dollars.--Any determination of
a percentage increase under this section shall be stated in terms of
constant base year dollars.
``(j) Form of Report.--Any report required to be submitted under
this section may be submitted in a classified form.''.
(2) Applicability date of quarterly reports.--The first report
required to be submitted under subsection (b) of section 506E of
the National security Act of 1947, as added by paragraph (1) of
this subsection, shall be submitted with respect to the first
fiscal quarter that begins on a date that is not less than 180 days
after the date of the enactment of this Act.
(3) Table of contents amendment.--The table of contents in the
first section of that Act, as amended by section 322 of this Act,
is further amended by inserting after the item relating to section
506D, as added by section 322(a)(2), the following new item:
``Sec. 506E. Reports on the acquisition of major systems.''.
(b) Major Defense Acquisition Programs.--Nothing in this section,
section 324, or an amendment made by this section or section 324, shall
be construed to exempt an acquisition program of the Department of
Defense from the requirements of chapter 144 of title 10, United States
Code or Department of Defense Directive 5000, to the extent that such
requirements are otherwise applicable.
SEC. 324. CRITICAL COST GROWTH IN MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 323 of this Act, is further
amended by inserting after section 506E, as added by section 323(a),
the following new section:
``critical cost growth in major systems
``Sec. 506F. (a) Reassessment of Major System.--If the Director of
National Intelligence determines under section 506E(d) that the total
acquisition cost of a major system has increased by a percentage equal
to or greater than the critical cost growth threshold for the major
system, the Director shall--
``(1) determine the root cause or causes of the critical cost
growth, in accordance with applicable statutory requirements,
policies, procedures, and guidance; and
``(2) carry out an assessment of--
``(A) the projected cost of completing the major system if
current requirements are not modified;
``(B) the projected cost of completing the major system
based on reasonable modification of such requirements;
``(C) the rough order of magnitude of the costs of any
reasonable alternative system or capability; and
``(D) the need to reduce funding for other systems due to
the growth in cost of the major system.
``(b) Presumption of Termination.--(1) After conducting the
reassessment required by subsection (a) with respect to a major system,
the Director shall terminate the major system unless the Director
submits to Congress a Major System Congressional Report containing a
certification in accordance with paragraph (2) and the information
described in paragraph (3). The Director shall submit such Major System
Congressional Report and certification not later than 90 days after the
date the Director receives the relevant major system cost report under
subsection (b) or (c) of section 506E.
``(2) A certification described by this paragraph with respect to a
major system is a written certification that--
``(A) the continuation of the major system is essential to the
national security;
``(B) there are no alternatives to the major system that will
provide acceptable capability to meet the intelligence requirement
at less cost;
``(C) the new estimates of the total acquisition cost have been
determined by the Director to be reasonable;
``(D) the major system is a higher priority than other systems
whose funding must be reduced to accommodate the growth in cost of
the major system; and
``(E) the management structure for the major system is adequate
to manage and control the total acquisition cost.
``(3) A Major System Congressional Report accompanying a written
certification under paragraph (2) shall include, in addition to the
requirements of section 506E(e), the root cause analysis and assessment
carried out pursuant to subsection (a), the basis for each
determination made in accordance with subparagraphs (A) through (E) of
paragraph (2), and a description of all funding changes made as a
result of the growth in the cost of the major system, including
reductions made in funding for other systems to accommodate such cost
growth, together with supporting documentation.
``(c) Actions if Major System Not Terminated.--If the Director
elects not to terminate a major system pursuant to subsection (b), the
Director shall--
``(1) restructure the major system in a manner that addresses
the root cause or causes of the critical cost growth, as identified
pursuant to subsection (a), and ensures that the system has an
appropriate management structure as set forth in the certification
submitted pursuant to subsection (b)(2)(E);
``(2) rescind the most recent Milestone approval for the major
system;
``(3) require a new Milestone approval for the major system
before taking any action to enter a new contract, exercise an
option under an existing contract, or otherwise extend the scope of
an existing contract under the system, except to the extent
determined necessary by the Milestone Decision Authority, on a
nondelegable basis, to ensure that the system may be restructured
as intended by the Director without unnecessarily wasting
resources;
``(4) establish a revised current Baseline Estimate for the
major system based upon an updated cost estimate; and
``(5) conduct regular reviews of the major system.
``(d) Actions if Major System Terminated.--If a major system is
terminated pursuant to subsection (b), the Director shall submit to
Congress a written report setting forth--
``(1) an explanation of the reasons for terminating the major
system;
``(2) the alternatives considered to address any problems in
the major system; and
``(3) the course the Director plans to pursue to meet any
intelligence requirements otherwise intended to be met by the major
system.
``(e) Form of Report.--Any report or certification required to be
submitted under this section may be submitted in a classified form.
``(f) Waiver.--(1) The Director may waive the requirements of
subsections (d)(2), (e), and (g) of section 506E and subsections
(a)(2), (b), (c), and (d) of this section with respect to a major
system if the Director determines that at least 90 percent of the
amount of the current Baseline Estimate for the major system has been
expended.
``(2)(A) If the Director grants a waiver under paragraph (1) with
respect to a major system, the Director shall submit to the
congressional intelligence committees written notice of the waiver that
includes--
``(i) the information described in section 506E(f); and
``(ii) if the current total acquisition cost of the major
system has increased by a percentage equal to or greater than the
critical cost growth threshold--
``(I) a determination of the root cause or causes of the
critical cost growth, as described in subsection (a)(1); and
``(II) a certification that includes the elements described
in subparagraphs (A), (B), and (E) of subsection (b)(2).
``(B) The Director shall submit the written notice required by
subparagraph (A) not later than 90 days after the date that the
Director receives a major system cost report under subsection (b) or
(c) of section 506E that indicates that the total acquisition cost for
the major system has increased by a percentage equal to or greater than
the significant cost growth threshold or critical cost growth
threshold.
``(g) Definitions.--In this section, the terms `cost estimate',
`critical cost growth threshold', `current Baseline Estimate', `major
system', and `total acquisition cost' have the meaning given those
terms in section 506E(a).''.
(b) Table of Contents Amendment.--The table of contents in the
first section of that Act, as amended by section 323 of this Act, is
further amended by inserting after the items relating to section 506E,
as added by section 323(a)(3), the following new item:
``Sec. 506F. Critical cost growth in major systems.''.
SEC. 325. FUTURE BUDGET PROJECTIONS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 324 of this Act, is further
amended by inserting after section 506F, as added by section 324(a),
the following new section:
``future budget projections
``Sec. 506G. (a) Future Year Intelligence Plans.--(1) The Director
of National Intelligence, with the concurrence of the Director of the
Office of Management and Budget, shall provide to the congressional
intelligence committees a Future Year Intelligence Plan, as described
in paragraph (2), for--
``(A) each expenditure center in the National Intelligence
Program; and
``(B) each major system in the National Intelligence Program.
``(2)(A) A Future Year Intelligence Plan submitted under this
subsection shall include the year-by-year proposed funding for each
center or system referred to in subparagraph (A) or (B) of paragraph
(1), for the budget year for which the Plan is submitted and not less
than the 4 subsequent fiscal years.
``(B) A Future Year Intelligence Plan submitted under subparagraph
(B) of paragraph (1) for a major system shall include--
``(i) the estimated total life-cycle cost of such major system;
and
``(ii) major milestones that have significant resource
implications for such major system.
``(b) Long-term Budget Projections.--(1) The Director of National
Intelligence, with the concurrence of the Director of the Office of
Management and Budget, shall provide to the congressional intelligence
committees a Long-term Budget Projection for each element of the
intelligence community funded under the National Intelligence Program
acquiring a major system that includes the budget for such element for
the 5-year period that begins on the day after the end of the last
fiscal year for which year-by-year proposed funding is included in a
Future Year Intelligence Plan for such major system in accordance with
subsection (a)(2)(A).
``(2) A Long-term Budget Projection submitted under paragraph (1)
shall include--
``(A) projections for the appropriate element of the
intelligence community for--
``(i) pay and benefits of officers and employees of such
element;
``(ii) other operating and support costs and minor
acquisitions of such element;
``(iii) research and technology required by such element;
``(iv) current and planned major system acquisitions for
such element;
``(v) any future major system acquisitions for such
element; and
``(vi) any additional funding projections that the Director
of National Intelligence considers appropriate;
``(B) a budget projection based on effective cost and schedule
execution of current or planned major system acquisitions and
application of Office of Management and Budget inflation estimates
to future major system acquisitions;
``(C) any additional assumptions and projections that the
Director of National Intelligence considers appropriate; and
``(D) a description of whether, and to what extent, the total
projection for each year exceeds the level that would result from
applying the most recent Office of Management and Budget inflation
estimate to the budget of that element of the intelligence
community.
``(c) Submission to Congress.--The Director of National
Intelligence, with the concurrence of the Director of the Office of
Management and Budget, shall submit to the congressional intelligence
committees each Future Year Intelligence Plan or Long-term Budget
Projection required under subsection (a) or (b) for a fiscal year at
the time that the President submits to Congress the budget for such
fiscal year pursuant section 1105 of title 31, United States Code.
``(d) Major System Affordability Report.--(1) The Director of
National Intelligence, with the concurrence of the Director of the
Office of Management and Budget, shall prepare a report on the
acquisition of a major system funded under the National Intelligence
Program before the time that the President submits to Congress the
budget for the first fiscal year in which appropriated funds are
anticipated to be obligated for the development or procurement of such
major system.
``(2) The report on such major system shall include an assessment
of whether, and to what extent, such acquisition, if developed,
procured, and operated, is projected to cause an increase in the most
recent Future Year Intelligence Plan and Long-term Budget Projection
submitted under section 506G for an element of the intelligence
community.
``(3) The Director of National Intelligence shall update the report
whenever an independent cost estimate must be updated pursuant to
section 506A(a)(4).
``(4) The Director of National Intelligence shall submit each
report required by this subsection at the time that the President
submits to Congress the budget for a fiscal year pursuant to section
1105 of title 31, United States Code.
``(e) Definitions.--In this section:
``(1) Budget year.--The term `budget year' means the next
fiscal year for which the President is required to submit to
Congress a budget pursuant to section 1105 of title 31, United
States Code.
``(2) Independent cost estimate; major system.--The terms
`independent cost estimate' and `major system' have the meaning
given those terms in section 506A(e).''.
(b) Applicability Date.--The first Future Year Intelligence Plan
and Long-term Budget Projection required to be submitted under
subsection (a) and (b) of section 506G of the National Security Act of
1947, as added by subsection (a), shall be submitted to the
congressional intelligence committees at the time that the President
submits to Congress the budget for fiscal year 2012 pursuant to section
1105 of title 31, United States Code.
(c) Conforming Amendments.--
(1) Table of contents amendment.--The table of contents in the
first section of that Act, as amended by section 324 of this Act,
is further amended by inserting after the items relating to section
506F, as added by section 324(b), the following new item:
``Sec. 506G. Future budget projections.''.
(2) Repeal of duplicative provision.--Section 8104 of the
Department of Defense Appropriations Act, 2010 (50 U.S.C. 415a-3;
Public Law 111-118; 123 Stat. 3451) is repealed.
SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS.
Subsection (n) of section 102A of the National Security Act of 1947
(50 U.S.C. 403-1) is amended by adding at the end the following new
paragraph:
``(4)(A) In addition to the authority referred to in paragraph (1),
the Director of National Intelligence may authorize the head of an
element of the intelligence community to exercise an acquisition
authority referred to in section 3 or 8(a) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by
such element that is more than 50 percent funded under the National
Intelligence Program.
``(B) The head of an element of the intelligence community may not
exercise an authority referred to in subparagraph (A) until--
``(i) the head of such element (without delegation) submits to
the Director of National Intelligence a written request that
includes--
``(I) a description of such authority requested to be
exercised;
``(II) an explanation of the need for such authority,
including an explanation of the reasons that other authorities
are insufficient; and
``(III) a certification that the mission of such element
would be--
``(aa) impaired if such authority is not exercised; or
``(bb) significantly and measurably enhanced if such
authority is exercised; and
``(ii) the Director of National Intelligence issues a written
authorization that includes--
``(I) a description of the authority referred to in
subparagraph (A) that is authorized to be exercised; and
``(II) a justification to support the exercise of such
authority.
``(C) A request and authorization to exercise an authority referred
to in subparagraph (A) may be made with respect to an individual
acquisition or with respect to a specific class of acquisitions
described in the request and authorization referred to in subparagraph
(B).
``(D)(i) A request from a head of an element of the intelligence
community located within one of the departments described in clause
(ii) to exercise an authority referred to in subparagraph (A) shall be
submitted to the Director of National Intelligence in accordance with
any procedures established by the head of such department.
``(ii) The departments described in this clause are the Department
of Defense, the Department of Energy, the Department of Homeland
Security, the Department of Justice, the Department of State, and the
Department of the Treasury.
``(E)(i) The head of an element of the intelligence community may
not be authorized to utilize an authority referred to in subparagraph
(A) for a class of acquisitions for a period of more than 3 years,
except that the Director of National Intelligence (without delegation)
may authorize the use of such an authority for not more than 6 years.
``(ii) Each authorization to utilize an authority referred to in
subparagraph (A) may be extended in accordance with the requirements of
subparagraph (B) for successive periods of not more than 3 years,
except that the Director of National Intelligence (without delegation)
may authorize an extension period of not more than 6 years.
``(F) Subject to clauses (i) and (ii) of subparagraph (E), the
Director of National Intelligence may only delegate the authority of
the Director under subparagraphs (A) through (E) to the Principal
Deputy Director of National Intelligence or a Deputy Director of
National Intelligence.
``(G) The Director of National Intelligence shall submit--
``(i) to the congressional intelligence committees a
notification of an authorization to exercise an authority referred
to in subparagraph (A) or an extension of such authorization that
includes the written authorization referred to in subparagraph
(B)(ii); and
``(ii) to the Director of the Office of Management and Budget a
notification of an authorization to exercise an authority referred
to in subparagraph (A) for an acquisition or class of acquisitions
that will exceed $50,000,000 annually.
``(H) Requests and authorizations to exercise an authority referred
to in subparagraph (A) shall remain available within the Office of the
Director of National Intelligence for a period of at least 6 years
following the date of such request or authorization.
``(I) Nothing in this paragraph may be construed to alter or
otherwise limit the authority of the Central Intelligence Agency to
independently exercise an authority under section 3 or 8(a) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and
403j(a)).''.
Subtitle D--Congressional Oversight, Plans, and Reports
SEC. 331. NOTIFICATION PROCEDURES.
(a) Procedures.--Section 501(c) of the National Security Act of
1947 (50 U.S.C. 413(c)) is amended by striking ``such procedures'' and
inserting ``such written procedures''.
(b) Intelligence Activities.--Section 502(a)(2) of such Act (50
U.S.C. 413a(a)(2)) is amended by inserting ``(including the legal basis
under which the intelligence activity is being or was conducted)''
after ``concerning intelligence activities''.
(c) Covert Actions.--Section 503 of such Act (50 U.S.C. 413b) is
amended--
(1) in subsection (b)(2), by inserting ``(including the legal
basis under which the covert action is being or was conducted)''
after ``concerning covert actions'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``in writing'' after
``be reported'';
(B) in paragraph (4), by striking ``committee. When'' and
inserting the following: ``committee.
``(5)(A) When''; and
(C) in paragraph (5), as designated by subparagraph (B)--
(i) in subparagraph (A), as so designated--
(I) by inserting ``, or a notification provided
under subsection (d)(1),'' after ``access to a
finding'';
(II) by inserting ``written'' before ``statement'';
and
(ii) by adding at the end the following new
subparagraph:
``(B) Not later than 180 days after a statement of reasons
is submitted in accordance with subparagraph (A) or this
subparagraph, the President shall ensure that--
``(i) all members of the congressional intelligence
committees are provided access to the finding or
notification; or
``(ii) a statement of reasons that it is essential to
continue to limit access to such finding or such
notification to meet extraordinary circumstances affecting
vital interests of the United States is submitted to the
Members of Congress specified in paragraph (2).'';
(3) in subsection (d)--
(A) by striking ``(d) The President'' and inserting
``(d)(1) The President'';
(B) in paragraph (1), as designated by subparagraph (A), by
inserting ``in writing'' after ``notified''; and
(C) by adding at the end the following new paragraph:
``(2) In determining whether an activity constitutes a
significant undertaking for purposes of paragraph (1), the
President shall consider whether the activity--
``(A) involves significant risk of loss of life;
``(B) requires an expansion of existing authorities,
including authorities relating to research, development, or
operations;
``(C) results in the expenditure of significant funds or
other resources;
``(D) requires notification under section 504;
``(E) gives rise to a significant risk of disclosing
intelligence sources or methods; or
``(F) presents a reasonably foreseeable risk of serious
damage to the diplomatic relations of the United States if such
activity were disclosed without authorization.''; and
(4) by adding at the end the following new subsection:
``(g)(1) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1) is not
made available to all members of a congressional intelligence committee
in accordance with subsection (c)(2), the President shall notify all
members of such committee that such finding or such notification has
been provided only to the members specified in subsection (c)(2).
``(2) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1) is not
made available to all members of a congressional intelligence committee
in accordance with subsection (c)(2), the President shall provide to
all members of such committee a general description regarding the
finding or notification, as applicable, consistent with the reasons for
not yet fully informing all members of such committee.
``(3) The President shall maintain--
``(A) a record of the members of Congress to whom a finding is
reported under subsection (c) or notification is provided under
subsection (d)(1) and the date on which each member of Congress
receives such finding or notification; and
``(B) each written statement provided under subsection
(c)(5).''.
SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT REQUIREMENTS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 325 of this Act, is further
amended by adding at the end the following new section:
``certification of compliance with oversight requirements
``Sec. 508. The head of each element of the intelligence community
shall annually submit to the congressional intelligence committees--
``(1) a certification that, to the best of the knowledge of the
head of such element--
``(A) the head of such element is in full compliance with
the requirements of this title; and
``(B) any information required to be submitted by the head
of such element under this Act before the date of the
submission of such certification has been properly submitted;
or
``(2) if the head of such element is unable to submit a
certification under paragraph (1), a statement--
``(A) of the reasons the head of such element is unable to
submit such a certification;
``(B) describing any information required to be submitted
by the head of such element under this Act before the date of
the submission of such statement that has not been properly
submitted; and
``(C) that the head of such element will submit such
information as soon as possible after the submission of such
statement.''.
(b) Applicability Date.--The first certification or statement
required to be submitted by the head of each element of the
intelligence community under section 508 of the National Security Act
of 1947, as added by subsection (a), shall be submitted not later than
90 days after the date of the enactment of this Act.
(c) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 325 of this Act, is further amended by inserting after the item
related to section 507 the following new item:
``Sec. 508. Certification of compliance with oversight requirements.''.
SEC. 333. REPORT ON DETENTION AND INTERROGATION ACTIVITIES.
(a) Requirement for Report.--Not later than December 1, 2010, the
Director of National Intelligence, in coordination with the Attorney
General and the Secretary of Defense, shall submit to the congressional
intelligence committees a comprehensive report containing--
(1) the policies and procedures of the United States Government
governing participation by an element of the intelligence community
in the interrogation of individuals detained by the United States
who are suspected of international terrorism with the objective, in
whole or in part, of acquiring national intelligence, including
such policies and procedures of each appropriate element of the
intelligence community or interagency body established to carry out
interrogations;
(2) the policies and procedures relating to any detention by
the Central Intelligence Agency of such individuals in accordance
with Executive Order 13491;
(3) the legal basis for the policies and procedures referred to
in paragraphs (1) and (2);
(4) the training and research to support the policies and
procedures referred to in paragraphs (1) and (2); and
(5) any action that has been taken to implement section 1004 of
the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-1).
(b) Other Submission of Report.--
(1) Congressional armed services committees.--To the extent
that the report required by subsection (a) addresses an element of
the intelligence community within the Department of Defense, the
Director of National Intelligence, in consultation with the
Secretary of Defense, shall submit that portion of the report, and
any associated material that is necessary to make that portion
understandable, to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives. The Director of National Intelligence may
authorize redactions of the report and any associated materials
submitted pursuant to this paragraph, if such redactions are
consistent with the protection of sensitive intelligence sources
and methods.
(2) Congressional judiciary committees.--To the extent that the
report required by subsection (a) addresses an element of the
intelligence community within the Department of Justice, the
Director of National Intelligence, in consultation with the
Attorney General, shall submit that portion of the report, and any
associated material that is necessary to make that portion
understandable, to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives. The
Director of National Intelligence may authorize redactions of the
report and any associated materials submitted pursuant to this
paragraph, if such redactions are consistent with the protection of
sensitive intelligence sources and methods.
(c) Form of Submissions.--Any submission required under this
section may be submitted in classified form.
SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM
OF DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Not later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence, in consultation with the
Director of the Central Intelligence Agency and the Director of the
Defense Intelligence Agency, shall make publicly available an
unclassified summary of--
(1) intelligence relating to recidivism of detainees currently
or formerly held at the Naval Detention Facility at Guantanamo Bay,
Cuba, by the Department of Defense; and
(2) an assessment of the likelihood that such detainees will
engage in terrorism or communicate with persons in terrorist
organizations.
SEC. 335. REPORT AND STRATEGIC PLAN ON BIOLOGICAL WEAPONS.
(a) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a report on--
(1) the intelligence collection efforts of the United States
dedicated to assessing the threat from biological weapons from
state, nonstate, or rogue actors, either foreign or domestic; and
(2) efforts to protect the biodefense knowledge and
infrastructure of the United States.
(b) Content.--The report required by subsection (a) shall include--
(1) an assessment of the intelligence collection efforts of the
United States dedicated to detecting the development or use of
biological weapons by state, nonstate, or rogue actors, either
foreign or domestic;
(2) information on fiscal, human, technical, open-source, and
other intelligence collection resources of the United States
dedicated for use to detect or protect against the threat of
biological weapons;
(3) an assessment of any problems that may reduce the overall
effectiveness of United States intelligence collection and analysis
to identify and protect biological weapons targets, including--
(A) intelligence collection gaps or inefficiencies;
(B) inadequate information sharing practices; or
(C) inadequate cooperation among departments or agencies of
the United States;
(4) a strategic plan prepared by the Director of National
Intelligence, in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Homeland Security, that
provides for actions for the appropriate elements of the
intelligence community to close important intelligence gaps related
to biological weapons;
(5) a description of appropriate goals, schedules, milestones,
or metrics to measure the long-term effectiveness of actions
implemented to carry out the plan described in paragraph (4); and
(6) any long-term resource and human capital issues related to
the collection of intelligence regarding biological weapons,
including any recommendations to address shortfalls of experienced
and qualified staff possessing relevant scientific, language, and
technical skills.
(c) Implementation of Strategic Plan.--Not later than 30 days after
the date on which the Director of National Intelligence submits the
report required by subsection (a), the Director shall begin
implementation of the strategic plan referred to in subsection (b)(4).
SEC. 336. CYBERSECURITY OVERSIGHT.
(a) Notification of Cybersecurity Programs.--
(1) Requirement for notification.--
(A) Existing programs.--Not later than 30 days after the
date of the enactment of this Act, the President shall submit
to Congress a notification for each cybersecurity program in
operation on such date that includes the documentation referred
to in subparagraphs (A) through (F) of paragraph (2).
(B) New programs.--Not later than 30 days after the date of
the commencement of operations of a new cybersecurity program,
the President shall submit to Congress a notification of such
commencement that includes the documentation referred to in
subparagraphs (A) through (F) of paragraph (2).
(2) Documentation.--A notification required by paragraph (1)
for a cybersecurity program shall include--
(A) the legal basis for the cybersecurity program;
(B) the certification, if any, made pursuant to section
2511(2)(a)(ii)(B) of title 18, United States Code, or other
statutory certification of legality for the cybersecurity
program;
(C) the concept for the operation of the cybersecurity
program that is approved by the head of the appropriate
department or agency of the United States;
(D) the assessment, if any, of the privacy impact of the
cybersecurity program prepared by the privacy or civil
liberties protection officer or comparable officer of such
department or agency;
(E) the plan, if any, for independent audit or review of
the cybersecurity program to be carried out by the head of such
department or agency, in conjunction with the appropriate
inspector general; and
(F) recommendations, if any, for legislation to improve the
capabilities of the United States Government to protect the
cybersecurity of the United States.
(b) Program Reports.--
(1) Requirement for reports.--The head of a department or
agency of the United States with responsibility for a cybersecurity
program for which a notification was submitted under subsection
(a), in consultation with the inspector general for that department
or agency, shall submit to Congress and the President a report on
such cybersecurity program that includes--
(A) the results of any audit or review of the cybersecurity
program carried out under the plan referred to in subsection
(a)(2)(E), if any; and
(B) an assessment of whether the implementation of the
cybersecurity program--
(i) is in compliance with--
(I) the legal basis referred to in subsection
(a)(2)(A); and
(II) an assessment referred to in subsection
(a)(2)(D), if any;
(ii) is adequately described by the concept of
operation referred to in subsection (a)(2)(C); and
(iii) includes an adequate independent audit or review
system and whether improvements to such independent audit
or review system are necessary.
(2) Schedule for submission of reports.--
(A) Existing programs.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter, the
head of a department or agency of the United States with
responsibility for a cybersecurity program for which a
notification is required to be submitted under subsection
(a)(1)(A) shall submit a report required under paragraph (1).
(B) New programs.--Not later than 120 days after the date
on which a certification is submitted under subsection
(a)(1)(B), and annually thereafter, the head of a department or
agency of the United States with responsibility for the
cybersecurity program for which such certification is submitted
shall submit a report required under paragraph (1).
(3) Cooperation and coordination.--
(A) Cooperation.--The head of each department or agency of
the United States required to submit a report under paragraph
(1) for a particular cybersecurity program, and the inspector
general of each such department or agency, shall, to the extent
practicable, work in conjunction with any other such head or
inspector general required to submit such a report for such
cybersecurity program.
(B) Coordination.--The heads of all of the departments and
agencies of the United States required to submit a report under
paragraph (1) for a particular cybersecurity program shall
designate one such head to coordinate the conduct of the
reports on such program.
(c) Information Sharing Report.--Not later than one year after the
date of the enactment of this Act, the Inspector General of the
Department of Homeland Security and the Inspector General of the
Intelligence Community shall jointly submit to Congress and the
President a report on the status of the sharing of cyber-threat
information, including--
(1) a description of how cyber-threat intelligence information,
including classified information, is shared among the agencies and
departments of the United States and with persons responsible for
critical infrastructure;
(2) a description of the mechanisms by which classified cyber-
threat information is distributed;
(3) an assessment of the effectiveness of cyber-threat
information sharing and distribution; and
(4) any other matters identified by either Inspector General
that would help to fully inform Congress or the President regarding
the effectiveness and legality of cybersecurity programs.
(d) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other provision
of law, the head of an element of the intelligence community that
is funded through the National Intelligence Program may detail an
officer or employee of such element to the National Cyber
Investigative Joint Task Force or to the Department of Homeland
Security to assist the Task Force or the Department with
cybersecurity, as jointly agreed by the head of such element and
the Task Force or the Department.
(2) Basis for detail.--A personnel detail made under paragraph
(1) may be made--
(A) for a period of not more than three years; and
(B) on a reimbursable or nonreimbursable basis.
(e) Additional Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a plan for recruiting, retaining, and training a
highly-qualified cybersecurity intelligence community workforce to
secure the networks of the intelligence community. Such plan shall
include--
(1) an assessment of the capabilities of the current workforce;
(2) an examination of issues of recruiting, retention, and the
professional development of such workforce, including the
possibility of providing retention bonuses or other forms of
compensation;
(3) an assessment of the benefits of outreach and training with
both private industry and academic institutions with respect to
such workforce;
(4) an assessment of the impact of the establishment of the
Department of Defense Cyber Command on such workforce;
(5) an examination of best practices for making the
intelligence community workforce aware of cybersecurity best
practices and principles; and
(6) strategies for addressing such other matters as the
Director of National Intelligence considers necessary to the
cybersecurity of the intelligence community.
(f) Report on Guidelines and Legislation To Improve Cybersecurity
of the United States.--
(1) Initial.--Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Attorney General, the Director of the
National Security Agency, the White House Cybersecurity
Coordinator, and any other officials the Director of National
Intelligence considers appropriate, shall submit to Congress a
report containing guidelines or legislative recommendations, if
appropriate, to improve the capabilities of the intelligence
community and law enforcement agencies to protect the cybersecurity
of the United States. Such report shall include guidelines or
legislative recommendations on--
(A) improving the ability of the intelligence community to
detect hostile actions and attribute attacks to specific
parties;
(B) the need for data retention requirements to assist the
intelligence community and law enforcement agencies;
(C) improving the ability of the intelligence community to
anticipate nontraditional targets of foreign intelligence
services; and
(D) the adequacy of existing criminal statutes to
successfully deter cyber attacks, including statutes
criminalizing the facilitation of criminal acts, the scope of
laws for which a cyber crime constitutes a predicate offense,
trespassing statutes, data breach notification requirements,
and victim restitution statutes.
(2) Subsequent.--Not later than one year after the date on
which the initial report is submitted under paragraph (1), and
annually thereafter for two years, the Director of National
Intelligence, in consultation with the Attorney General, the
Director of the National Security Agency, the White House
Cybersecurity Coordinator, and any other officials the Director of
National Intelligence considers appropriate, shall submit to
Congress an update of the report required under paragraph (1).
(g) Sunset.--The requirements and authorities of subsections (a)
through (e) shall terminate on December 31, 2013.
(h) Definitions.--In this section:
(1) Cybersecurity program.--The term ``cybersecurity program''
means a class or collection of similar cybersecurity operations of
a department or agency of the United States that involves
personally identifiable data that is--
(A) screened by a cybersecurity system outside of the
department or agency of the United States that was the intended
recipient of the personally identifiable data;
(B) transferred, for the purpose of cybersecurity, outside
the department or agency of the United States that was the
intended recipient of the personally identifiable data; or
(C) transferred, for the purpose of cybersecurity, to an
element of the intelligence community.
(2) National cyber investigative joint task force.--The term
``National Cyber Investigative Joint Task Force'' means the
multiagency cyber investigation coordination organization overseen
by the Director of the Federal Bureau of Investigation known as the
National Cyber Investigative Joint Task Force that coordinates,
integrates, and provides pertinent information related to
cybersecurity investigations.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section 1016 of
the USA PATRIOT Act (42 U.S.C. 5195c).
SEC. 337. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE
INTELLIGENCE COMMUNITY.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and biennially thereafter for four years, the
Director of National Intelligence shall submit to the congressional
intelligence committees and the Committees on Armed Services of the
House of Representatives and the Senate a report on the proficiency in
foreign languages and, as appropriate, in foreign dialects, of each
element of the intelligence community, including--
(1) the number of positions authorized for such element that
require foreign language proficiency and a description of the level
of proficiency required;
(2) an estimate of the number of such positions that such
element will require during the five-year period beginning on the
date of the submission of the report;
(3) the number of positions authorized for such element that
require foreign language proficiency that are filled by--
(A) military personnel; and
(B) civilian personnel;
(4) the number of applicants for positions in such element in
the preceding fiscal year that indicated foreign language
proficiency, including the foreign language indicated and the
proficiency level;
(5) the number of persons hired by such element with foreign
language proficiency, including the foreign language and a
description of the proficiency level of such persons;
(6) the number of personnel of such element currently attending
foreign language training, including the provider of such training;
(7) a description of the efforts of such element to recruit,
hire, train, and retain personnel that are proficient in a foreign
language;
(8) an assessment of methods and models for basic, advanced,
and intensive foreign language training utilized by such element;
(9) for each foreign language and, as appropriate, dialect of a
foreign language--
(A) the number of positions of such element that require
proficiency in the foreign language or dialect;
(B) the number of personnel of such element that are
serving in a position that requires proficiency in the foreign
language or dialect to perform the primary duty of the
position;
(C) the number of personnel of such element that are
serving in a position that does not require proficiency in the
foreign language or dialect to perform the primary duty of the
position;
(D) the number of personnel of such element rated at each
level of proficiency of the Interagency Language Roundtable;
(E) whether the number of personnel at each level of
proficiency of the Interagency Language Roundtable meets the
requirements of such element;
(F) the number of personnel serving or hired to serve as
linguists for such element that are not qualified as linguists
under the standards of the Interagency Language Roundtable;
(G) the number of personnel hired to serve as linguists for
such element during the preceding calendar year;
(H) the number of personnel serving as linguists that
discontinued serving such element during the preceding calendar
year;
(I) the percentage of work requiring linguistic skills that
is fulfilled by a foreign country, international organization,
or other foreign entity; and
(J) the percentage of work requiring linguistic skills that
is fulfilled by contractors;
(10) an assessment of the foreign language capacity and
capabilities of the intelligence community as a whole;
(11) an identification of any critical gaps in foreign language
proficiency with respect to such element and recommendations for
eliminating such gaps;
(12) recommendations, if any, for eliminating required reports
relating to foreign-language proficiency that the Director of
National Intelligence considers outdated or no longer relevant; and
(13) an assessment of the feasibility of employing foreign
nationals lawfully present in the United States who have previously
worked as translators or interpreters for the Armed Forces or
another department or agency of the United States Government in
Iraq or Afghanistan to meet the critical language needs of such
element.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 338. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE
INTELLIGENCE COMMUNITY.
(a) Requirement for Report.--Not later than one year after the date
of the enactment of this Act, the Director of National Intelligence, in
coordination with the head of each element of the intelligence
community, shall submit to the congressional intelligence committees a
report on the plans of each such element to increase diversity within
the intelligence community.
(b) Content.--The report required by subsection (a) shall include
specific implementation plans to increase diversity within each element
of the intelligence community, including--
(1) specific implementation plans for each such element
designed to achieve the goals articulated in the strategic plan of
the Director of National Intelligence on equal employment
opportunity and diversity;
(2) specific plans and initiatives for each such element to
increase recruiting and hiring of diverse candidates;
(3) specific plans and initiatives for each such element to
improve retention of diverse Federal employees at the junior,
midgrade, senior, and management levels;
(4) a description of specific diversity awareness training and
education programs for senior officials and managers of each such
element; and
(5) a description of performance metrics to measure the success
of carrying out the plans, initiatives, and programs described in
paragraphs (1) through (4).
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 339. REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirement for Report.--Not later than February 1, 2011, the
Director of National Intelligence shall submit to the congressional
intelligence committees and the Committees on Armed Services of the
House of Representatives and the Senate a report describing the use of
personal services contracts across the intelligence community, the
impact of the use of such contracts on the intelligence community
workforce, plans for conversion of contractor employment into United
States Government employment, and the accountability mechanisms that
govern the performance of such personal services contracts.
(b) Content.--
(1) In general.--The report submitted under subsection (a)
shall include--
(A) a description of any relevant regulations or guidance
issued by the Director of National Intelligence or the head of
an element of the intelligence community and in effect as of
February 1, 2011, relating to minimum standards required
regarding the hiring, training, security clearance, and
assignment of contract personnel and how those standards may
differ from those for United States Government employees
performing substantially similar functions;
(B) an identification of contracts in effect during the
preceding fiscal year under which the contractor is performing
substantially similar functions to a United States Government
employee;
(C) an assessment of costs incurred or savings achieved
during the preceding fiscal year by awarding contracts for the
performance of such functions referred to in subparagraph (B)
instead of using full-time employees of the elements of the
intelligence community to perform such functions;
(D) an assessment of the appropriateness of using
contractors to perform the activities described in paragraph
(2);
(E) an estimate of the number of contracts, and the number
of personnel working under such contracts, related to the
performance of activities described in paragraph (2);
(F) a comparison of the compensation of contract employees
and United States Government employees performing substantially
similar functions during the preceding fiscal year;
(G) an analysis of the attrition of United States
Government employees for contractor positions that provide
substantially similar functions during the preceding fiscal
year;
(H) a description of positions that have been or will be
converted from contractor employment to United States
Government employment during fiscal years 2011 and 2012;
(I) an analysis of the oversight and accountability
mechanisms applicable to personal services contracts awarded
for intelligence activities by each element of the intelligence
community during fiscal years 2009 and 2010;
(J) an analysis of procedures in use in the intelligence
community as of February 1, 2011, for conducting oversight of
contractors to ensure identification and prosecution of
criminal violations, financial waste, fraud, or other abuses
committed by contractors or contract personnel; and
(K) an identification of best practices for oversight and
accountability mechanisms applicable to personal services
contracts.
(2) Activities.--Activities described in this paragraph are the
following:
(A) Intelligence collection.
(B) Intelligence analysis.
(C) Covert actions, including rendition, detention, and
interrogation activities.
SEC. 340. STUDY ON ELECTRONIC WASTE DESTRUCTION PRACTICES OF THE
INTELLIGENCE COMMUNITY.
(a) Study.--The Inspector General of the Intelligence Community
shall conduct a study on the electronic waste destruction practices of
the intelligence community. Such study shall assess--
(1) the security of the electronic waste disposal practices of
the intelligence community, including the potential for
counterintelligence exploitation of destroyed, discarded, or
recycled materials;
(2) the environmental impact of such disposal practices; and
(3) methods to improve the security and environmental impact of
such disposal practices, including steps to prevent the forensic
exploitation of electronic waste.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
report containing the results of the study conducted under subsection
(a).
SEC. 341. REVIEW OF RECORDS RELATING TO POTENTIAL HEALTH RISKS
AMONG DESERT STORM VETERANS.
(a) Review.--The Director of the Central Intelligence Agency shall
conduct a classification review of the records of the Agency that are
relevant to the known or potential health effects suffered by veterans
of Operation Desert Storm as described in the November 2008, report by
the Department of Veterans Affairs Research Advisory Committee on Gulf
War Veterans' Illnesses.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to Congress the results of the classification review
conducted under subsection (a), including the total number of records
of the Agency that are relevant.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 342. REVIEW OF FEDERAL BUREAU OF INVESTIGATION EXERCISE OF
ENFORCEMENT JURISDICTION IN FOREIGN NATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Director of the Federal Bureau of Investigation, in
consultation with the Secretary of State, shall submit to Congress a
review of constraints under international law and the laws of foreign
nations to the assertion of enforcement jurisdiction with respect to
criminal investigations of terrorism offenses under the laws of the
United States conducted by agents of the Federal Bureau of
Investigation in foreign nations and using funds made available for the
National Intelligence Program, including constraints identified in
section 432 of the Restatement (Third) of the Foreign Relations Law of
the United States.
SEC. 343. PUBLIC RELEASE OF INFORMATION ON PROCEDURES USED IN
NARCOTICS AIRBRIDGE DENIAL PROGRAM IN PERU.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Central Intelligence Agency shall make publicly
available an unclassified version of the report of the Inspector
General of the Central Intelligence Agency entitled ``Procedures Used
in Narcotics Airbridge Denial Program in Peru, 1995-2001'', dated
August 25, 2008.
SEC. 344. REPORT ON THREAT FROM DIRTY BOMBS.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, in consultation with the
Nuclear Regulatory Commission, shall submit to Congress a report
summarizing intelligence related to the threat to the United States
from weapons that use radiological materials, including highly
dispersible substances such as cesium-137.
SEC. 345. REPORT ON CREATION OF SPACE INTELLIGENCE OFFICE.
Not later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress a report
on the feasibility and advisability of creating a national space
intelligence office to manage space-related intelligence assets and
access to such assets.
SEC. 346. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE DEVICE ON
NORTHWEST AIRLINES FLIGHT 253.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to Congress a
report on the attempt to detonate an explosive device aboard Northwest
Airlines flight number 253 on December 25, 2009. Such report shall
describe the failures, if any, to share or analyze intelligence or
other information and the measures that the intelligence community has
taken or will take to prevent such failures, including--
(1) a description of the roles and responsibilities of the
counterterrorism analytic components of the intelligence community
in synchronizing, correlating, and analyzing all sources of
intelligence related to terrorism;
(2) an assessment of the technological capabilities of the
United States Government to assess terrorist threats, including--
(A) a list of all databases used by counterterrorism
analysts;
(B) a description of the steps taken by the intelligence
community to integrate all relevant terrorist databases and
allow for cross-database searches;
(C) a description of the steps taken by the intelligence
community to correlate biographic information with terrorism-
related intelligence; and
(D) a description of the improvements to information
technology needed to enable the United States Government to
better share information;
(3) any recommendations that the Director considers appropriate
for legislation to improve the sharing of intelligence or
information relating to terrorists;
(4) a description of the steps taken by the intelligence
community to train analysts on watchlisting processes and
procedures;
(5) a description of the manner in which watchlisting
information is entered, reviewed, searched, analyzed, and acted
upon by the relevant elements of the United States Government;
(6) a description of the steps the intelligence community is
taking to enhance the rigor and raise the standard of tradecraft of
intelligence analysis related to uncovering and preventing
terrorist plots;
(7) a description of the processes and procedures by which the
intelligence community prioritizes terrorism threat leads and the
standards used by elements of the intelligence community to
determine if follow-up action is appropriate;
(8) a description of the steps taken to enhance record
information on possible terrorists in the Terrorist Identities
Datamart Environment;
(9) an assessment of how to meet the challenge associated with
exploiting the ever-increasing volume of information available to
the intelligence community; and
(10) a description of the steps the intelligence community has
taken or will take to respond to any findings and recommendations
of the congressional intelligence committees, with respect to any
such failures, that have been transmitted to the Director of
National Intelligence.
SEC. 347. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Report on Intelligence.--Section 109 of the National
Security Act of 1947 (50 U.S.C. 404d) is repealed.
(b) Annual and Special Reports on Intelligence Sharing With the
United Nations.--Section 112 of the National Security Act of 1947 (50
U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual Report on Progress in Auditable Financial Statements.--
Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-1) is
repealed.
(d) Report on Financial Intelligence on Terrorist Assets.--Section
118 of the National Security Act of 1947 (50 U.S.C. 404m) is amended--
(1) in the heading, by striking ``semiannual'' and inserting
``annual'';
(2) in subsection (a)--
(A) in the heading, by striking ``Semiannual'' and
inserting ``Annual'';
(B) in the matter preceding paragraph (1)--
(i) by striking ``semiannual basis'' and inserting
``annual basis''; and
(ii) by striking ``preceding six-month period'' and
inserting ``preceding one-year period'';
(C) by striking paragraph (2); and
(D) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``the Committee on Armed
Services,'' after ``the Committee on Appropriations,''; and
(B) in paragraph (2), by inserting ``the Committee on Armed
Services,'' after ``the Committee on Appropriations,''.
(e) Annual Certification on Counterintelligence Initiatives.--
Section 1102(b) of the National Security Act of 1947 (50 U.S.C.
442a(b)) is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(f) Report and Certification Under Terrorist Identification
Classification System.--Section 343 of the Intelligence Authorization
Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
(g) Annual Report on Counterdrug Intelligence Matters.--Section 826
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 21 U.S.C. 873 note) is repealed.
(h) Biennial Report on Foreign Industrial Espionage.--Subsection
(b) of section 809 of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. App. 2170b) is amended--
(1) in the heading, by striking ``Annual Update'' and inserting
``Biennial Report'';
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraph:
``(1) Requirement to submit.--Not later than February 1, 2011,
and once every two years thereafter, the President shall submit to
the congressional intelligence committees and congressional
leadership a report updating the information referred to in
subsection (a)(1)D).''; and
(3) by redesignating paragraph (3) as paragraph (2).
(i) Table of Contents Amendments.--
(1) National security act of 1947.--The table of contents in
the first section of the National Security Act of 1947, as amended
by section 332 of this Act, is further amended--
(A) by striking the item relating to section 109;
(B) by striking the item relating to section 114A; and
(C) by striking the item relating to section 118 and
inserting the following new item:
``Sec. 118. Annual report on financial intelligence on terrorist
assets.''.
(2) Intelligence authorization act for fiscal year 2003.--The
table of contents in the first section of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116
Stat. 2383) is amended by striking the item relating to section
826.
SEC. 348. INFORMATION ACCESS BY THE COMPTROLLER GENERAL OF THE
UNITED STATES.
(a) DNI Directive Governing Access.--
(1) Requirement for directive.--The Director of National
Intelligence, in consultation with the Comptroller General of the
United States, shall issue a written directive governing the access
of the Comptroller General to information in the possession of an
element of the intelligence community.
(2) Amendment to directive.--The Director of National
Intelligence, in consultation with the Comptroller General, may
issue an amendment to the directive issued under paragraph (1) at
any time the Director determines such an amendment is appropriate.
(3) Relationship to other laws.--The directive issued under
paragraph (1) and any amendment to such directive issued under
paragraph (2) shall be consistent with the provisions of--
(A) chapter 7 of title 31, United States Code; and
(B) the National Security Act of 1947 (50 U.S.C. 401 et
seq.).
(b) Confidentiality of Information.--
(1) Requirement for confidentiality.--The Comptroller General
of the United States shall ensure that the level of confidentiality
of information made available to the Comptroller General pursuant
to the directive issued under subsection (a)(1) or an amendment to
such directive issued under subsection (a)(2) is not less than the
level of confidentiality of such information required of the head
of the element of the intelligence community from which such
information was obtained.
(2) Penalties for unauthorized disclosure.--An officer or
employee of the Government Accountability Office shall be subject
to the same statutory penalties for unauthorized disclosure or use
of such information as an officer or employee of the element of the
intelligence community from which such information was obtained.
(c) Submission to Congress.--
(1) Submission of directive.--The directive issued under
subsection (a)(1) shall be submitted to Congress by the Director of
National Intelligence, together with any comments of the
Comptroller General of the United States, no later than May 1,
2011.
(2) Submission of amendment.--Any amendment to such directive
issued under subsection (a)(2) shall be submitted to Congress by
the Director, together with any comments of the Comptroller
General.
(d) Effective Date.--The directive issued under subsection (a)(1)
and any amendment to such directive issued under subsection (a)(2)
shall take effect 60 days after the date such directive or amendment is
submitted to Congress under subsection (c), unless the Director
determines that for reasons of national security the directive or
amendment should take effect sooner.
SEC. 349. CONFORMING AMENDMENTS FOR REPORT SUBMISSION DATES.
Section 507 of the National Security Act of 1947 (50 U.S.C. 415b)
is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A), (B), and (G);
(ii) by redesignating subparagraphs (C), (D), (E), (F),
(H), (I), and (N) as subparagraphs (A), (B), (C), (D), (E),
(F), and (G), respectively; and
(iii) by adding at the end the following new
subparagraphs:
``(H) The annual report on outside employment of employees of
elements of the intelligence community required by section
102A(u)(2).
``(I) The annual report on financial intelligence on terrorist
assets required by section 118.''; and
(B) in paragraph (2), by striking subparagraphs (C) and
(D); and
(2) in subsection (b), by striking paragraph (6).
Subtitle E--Other Matters
SEC. 361. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT
RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.
Paragraph (4) of section 7342(f) of title 5, United States Code, is
amended to read as follows:
``(4)(A) In transmitting such listings for an element of the
intelligence community, the head of such element may delete the
information described in subparagraph (A) or (C) of paragraph (2) or in
subparagraph (A) or (C) of paragraph (3) if the head of such element
certifies in writing to the Secretary of State that the publication of
such information could adversely affect United States intelligence
sources or methods.
``(B) Any information not provided to the Secretary of State
pursuant to the authority in subparagraph (A) shall be transmitted to
the Director of National Intelligence who shall keep a record of such
information.
``(C) In this paragraph, the term `intelligence community' has the
meaning given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).''.
SEC. 362. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT
INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National Security Act
of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows:
``(B) the use of such funds for such activity supports an
emergent need, improves program effectiveness, or increases
efficiency; and''.
SEC. 363. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION.
(a) Increase in Penalties for Disclosure of Undercover Intelligence
Officers and Agents.--
(1) Disclosure of agent after access to information identifying
agent.--Subsection (a) of section 601 of the National Security Act
of 1947 (50 U.S.C. 421) is amended by striking ``ten years'' and
inserting ``15 years''.
(2) Disclosure of agent after access to classified
information.--Subsection (b) of such section is amended by striking
``five years'' and inserting ``10 years''.
(b) Modifications to Annual Report on Protection of Intelligence
Identities.--The first sentence of section 603(a) of the National
Security Act of 1947 (50 U.S.C. 423(a)) is amended by inserting
``including an assessment of the need, if any, for modification of this
title for the purpose of improving legal protections for covert
agents,'' after ``measures to protect the identities of covert
agents,''.
SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET.
Section 601 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (50 U.S.C. 415c) is amended to read as follows:
``SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
``(a) Budget Request.--At the time that the President submits to
Congress the budget for a fiscal year pursuant to section 1105 of title
31, United States Code, the President shall disclose to the public the
aggregate amount of appropriations requested for that fiscal year for
the National Intelligence Program.
``(b) Amounts Appropriated Each Fiscal Year.--Not later than 30
days after the end of each fiscal year, the Director of National
Intelligence shall disclose to the public the aggregate amount of funds
appropriated by Congress for the National Intelligence Program for such
fiscal year.
``(c) Waiver.--
``(1) In general.--The President may waive or postpone the
disclosure required by subsection (a) or (b) for a fiscal year by
submitting to the Select Committee on Intelligence of the Senate
and Permanent Select Committee on Intelligence of the House of
Representatives--
``(A) a statement, in unclassified form, that the
disclosure required in subsection (a) or (b) for that fiscal
year would damage national security; and
``(B) a statement detailing the reasons for the waiver or
postponement, which may be submitted in classified form.
``(2) Submission dates.--The President shall submit the
statements required under paragraph (1)--
``(A) in the case of a waiver or postponement of a
disclosure required under subsection (a), at the time of the
submission of the budget for the fiscal year for which such
disclosure is waived or postponed; and
``(B) in the case of a waiver or postponement of a
disclosure required under subsection (b), not later than 30
days after the date of the end of the fiscal year for which
such disclosure is waived or postponed.
``(d) Definition.--As used in this section, the term `National
Intelligence Program' has the meaning given the term in section 3(6) of
the National Security Act of 1947 (50 U.S.C. 401a(6)).''.
SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC INTEREST
DECLASSIFICATION BOARD.
Paragraph (5) of section 703(b) of the Public Interest
Declassification Act of 2000 (50 U.S.C. 435 note) is amended--
(1) by striking ``jurisdiction,'' and inserting ``jurisdiction
or by a member of the committee of jurisdiction,''; and
(2) by inserting ``, to evaluate the proper classification of
certain records,'' after ``certain records''.
SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPERATIONS TO COLLECT
FOREIGN INTELLIGENCE OR COUNTERINTELLIGENCE.
Paragraph (1) of section 102(b) of the Department of Justice and
Related Agencies Appropriations Act, 1993 (Public Law 102-395; 28
U.S.C. 533 note) is amended in the flush text following subparagraph
(D) by striking ``(or, if designated by the Director, the Assistant
Director, Intelligence Division) and the Attorney General (or, if
designated by the Attorney General, the Assistant Attorney General for
National Security)'' and inserting ``(or a designee of the Director who
is in a position not lower than Deputy Assistant Director in the
National Security Branch or a similar successor position) and the
Attorney General (or a designee of the Attorney General who is in the
National Security Division in a position not lower than Deputy
Assistant Attorney General or a similar successor position)''.
SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY.
(a) Reports Relating to Security Clearances.--
(1) Quadrennial audit; security clearance determinations.--
(A) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 325 of this
Act, is further amended by inserting after section 506G, as
added by section 325(a), the following new section:
``reports on security clearances
``Sec. 506H. (a) Quadrennial Audit of Position Requirements.--(1)
The President shall every four years conduct an audit of the manner in
which the executive branch determines whether a security clearance is
required for a particular position in the United States Government.
``(2) Not later than 30 days after the completion of an audit
conducted under paragraph (1), the President shall submit to Congress
the results of such audit.
``(b) Report on Security Clearance Determinations.--(1) Not later
than February 1 of each year, the President shall submit to Congress a
report on the security clearance process. Such report shall include,
for each security clearance level--
``(A) the number of employees of the United States Government
who--
``(i) held a security clearance at such level as of October
1 of the preceding year; and
``(ii) were approved for a security clearance at such level
during the preceding fiscal year;
``(B) the number of contractors to the United States Government
who--
``(i) held a security clearance at such level as of October
1 of the preceding year; and
``(ii) were approved for a security clearance at such level
during the preceding fiscal year; and
``(C) for each element of the intelligence community--
``(i) the total amount of time it took to process the
security clearance determination for such level that--
``(I) was among the 80 percent of security clearance
determinations made during the preceding fiscal year that
took the shortest amount of time to complete; and
``(II) took the longest amount of time to complete;
``(ii) the total amount of time it took to process the
security clearance determination for such level that--
``(I) was among the 90 percent of security clearance
determinations made during the preceding fiscal year that
took the shortest amount of time to complete; and
``(II) took the longest amount of time to complete;
``(iii) the number of pending security clearance
investigations for such level as of October 1 of the preceding
year that have remained pending for--
``(I) 4 months or less;
``(II) between 4 months and 8 months;
``(III) between 8 months and one year; and
``(IV) more than one year;
``(iv) the percentage of reviews during the preceding
fiscal year that resulted in a denial or revocation of a
security clearance;
``(v) the percentage of investigations during the preceding
fiscal year that resulted in incomplete information;
``(vi) the percentage of investigations during the
preceding fiscal year that did not result in enough information
to make a decision on potentially adverse information; and
``(vii) for security clearance determinations completed or
pending during the preceding fiscal year that have taken longer
than one year to complete--
``(I) the number of security clearance determinations
for positions as employees of the United States Government
that required more than one year to complete;
``(II) the number of security clearance determinations
for contractors that required more than one year to
complete;
``(III) the agencies that investigated and adjudicated
such determinations; and
``(IV) the cause of significant delays in such
determinations.
``(2) For purposes of paragraph (1), the President may consider--
``(A) security clearances at the level of confidential and
secret as one security clearance level; and
``(B) security clearances at the level of top secret or higher
as one security clearance level.
``(c) Form.--The results required under subsection (a)(2) and the
reports required under subsection (b)(1) shall be submitted in
unclassified form, but may include a classified annex.''.
(B) Initial audit.--The first audit required to be
conducted under section 506H(a)(1) of the National Security Act
of 1947, as added by subparagraph (A) of this paragraph, shall
be completed not later than February 1, 2011.
(C) Table of contents amendment.--The table of contents in
the first section of such Act, as amended by section 347(i) of
this Act, is further amended by inserting after the item
relating to section 506G, as added by section 325 of this Act,
the following new item:
``Sec. 506H. Reports on security clearances.''.
(2) Report on metrics for adjudication quality.--Not later than
180 days after the date of the enactment of this Act, the President
shall submit to Congress a report on security clearance
investigations and adjudications. Such report shall include--
(A) United States Government-wide adjudication guidelines
and metrics for adjudication quality;
(B) a plan to improve the professional development of
security clearance adjudicators;
(C) metrics to evaluate the effectiveness of interagency
clearance reciprocity;
(D) United States Government-wide investigation standards
and metrics for investigation quality; and
(E) the advisability, feasibility, counterintelligence
risk, and cost effectiveness of--
(i) by not later than January 1, 2012, requiring the
investigation and adjudication of security clearances to be
conducted by not more than two Federal agencies; and
(ii) by not later than January 1, 2015, requiring the
investigation and adjudication of security clearances to be
conducted by not more than one Federal agency.
(b) Security Clearance Reciprocity.--
(1) Audit.--The Inspector General of the Intelligence Community
shall conduct an audit of the reciprocity of security clearances
among the elements of the intelligence community.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees
a report containing the results of the audit conducted under
paragraph (1). Such report shall include an assessment of the time
required to obtain a reciprocal security clearance for--
(A) an employee of an element of the intelligence community
detailed to another element of the intelligence community;
(B) an employee of an element of the intelligence community
seeking permanent employment with another element of the
intelligence community; and
(C) a contractor seeking permanent employment with an
element of the intelligence community.
(3) Form.--The report required under paragraph (2) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 368. CORRECTING LONG-STANDING MATERIAL WEAKNESSES.
(a) Definitions.--In this section:
(1) Covered element of the intelligence community.--The term
``covered element of the intelligence community'' means--
(A) the Central Intelligence Agency;
(B) the Defense Intelligence Agency;
(C) the National Geospatial-Intelligence Agency;
(D) the National Reconnaissance Office; or
(E) the National Security Agency.
(2) Independent auditor.--The term ``independent auditor''
means an individual who--
(A)(i) is a Federal, State, or local government auditor who
meets the independence standards included in generally accepted
government auditing standards; or
(ii) is a public accountant who meets such independence
standards; and
(B) is designated as an auditor by the Director of National
Intelligence or the head of a covered element of the
intelligence community, as appropriate.
(3) Independent review.--The term ``independent review'' means
an audit, attestation, or examination conducted by an independent
auditor in accordance with generally accepted government auditing
standards.
(4) Long-standing, correctable material weakness.--The term
``long-standing, correctable material weakness'' means a material
weakness--
(A) that was first reported in the annual financial report
of a covered element of the intelligence community for a fiscal
year prior to fiscal year 2007; and
(B) the correction of which is not substantially dependent
on a business system that was not implemented prior to the end
of fiscal year 2010.
(5) Material weakness.--The term ``material weakness'' has the
meaning given that term under the Office of Management and Budget
Circular A-123, entitled ``Management's Responsibility for Internal
Control,'' revised December 21, 2004.
(6) Senior intelligence management official.--The term ``senior
intelligence management official'' means an official within a
covered element of the intelligence community who is--
(A)(i) compensated under the Senior Intelligence Service
pay scale; or
(ii) the head of a covered element of the intelligence
community; and
(B) compensated for employment with funds appropriated
pursuant to an authorization of appropriations in this Act.
(b) Identification of Senior Intelligence Management Officials.--
(1) Requirement to identify.--Not later than 30 days after the
date of the enactment of this Act, the head of a covered element of
the intelligence community shall designate a senior intelligence
management official of such element to be responsible for
correcting each long-standing, correctable material weakness of
such element.
(2) Head of a covered element of the intelligence community.--
The head of a covered element of the intelligence community may
designate himself or herself as the senior intelligence management
official responsible for correcting a long-standing, correctable
material weakness under paragraph (1).
(3) Requirement to update designation.--If the head of a
covered element of the intelligence community determines that a
senior intelligence management official designated under paragraph
(1) is no longer responsible for correcting a long-standing,
correctable material weakness, the head of such element shall
designate the successor to such official not later than 10 days
after the date of such determination.
(c) Notification.--Not later than 10 days after the date on which
the head of a covered element of the intelligence community has
designated a senior intelligence management official pursuant to
paragraph (1) or (3) of subsection (b), the head of such element shall
provide written notification of such designation to the Director of
National Intelligence and to such senior intelligence management
official.
(d) Correction of Long-Standing, Material Weakness.--
(1) Determination of correction of deficiency.--If a long-
standing, correctable material weakness is corrected, the senior
intelligence management official who is responsible for correcting
such long-standing, correctable material weakness shall make and
issue a determination of the correction.
(2) Basis for determination.--The determination of the senior
intelligence management official under paragraph (1) shall be based
on the findings of an independent review.
(3) Notification and submission of findings.--A senior
intelligence management official who makes a determination under
paragraph (1) shall--
(A) notify the head of the appropriate covered element of
the intelligence community of such determination at the time
the determination is made; and
(B) ensure that the independent auditor whose findings are
the basis of a determination under paragraph (1) submits to the
head of the covered element of the intelligence community and
the Director of National Intelligence the findings that such
determination is based on not later than 5 days after the date
on which such determination is made.
(e) Congressional Oversight.--The head of a covered element of the
intelligence community shall notify the congressional intelligence
committees not later than 30 days after the date--
(1) on which a senior intelligence management official is
designated under paragraph (1) or (3) of subsection (b) and
notified under subsection (c); or
(2) of the correction of a long-standing, correctable material
weakness, as verified by an independent auditor under subsection
(d)(2).
SEC. 369. INTELLIGENCE COMMUNITY FINANCIAL IMPROVEMENT AND AUDIT
READINESS.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall--
(1) conduct a review of the status of the auditability
compliance of each element of the intelligence community; and
(2) develop a plan and schedule to achieve a full, unqualified
audit of each element of the intelligence community not later than
September 30, 2013.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (f) of section 102A of the National Security Act of 1947
(50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs (8)
and (9), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7)(A) The Director of National Intelligence shall, if the
Director determines it is necessary, or may, if requested by a
congressional intelligence committee, conduct an accountability review
of an element of the intelligence community or the personnel of such
element in relation to a failure or deficiency within the intelligence
community.
``(B) The Director of National Intelligence, in consultation with
the Attorney General, shall establish guidelines and procedures for
conducting an accountability review under subparagraph (A).
``(C)(i) The Director of National Intelligence shall provide the
findings of an accountability review conducted under subparagraph (A)
and the Director's recommendations for corrective or punitive action,
if any, to the head of the applicable element of the intelligence
community. Such recommendations may include a recommendation for
dismissal of personnel.
``(ii) If the head of such element does not implement a
recommendation made by the Director under clause (i), the head of such
element shall submit to the congressional intelligence committees a
notice of the determination not to implement the recommendation,
including the reasons for the determination.
``(D) The requirements of this paragraph shall not be construed to
limit any authority of the Director of National Intelligence under
subsection (m) or with respect to supervision of the Central
Intelligence Agency.''.
SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.
(a) Authorities for Interagency Funding.--Section 102A(d)(2) of the
National Security Act of 1947 (50 U.S.C. 403-1(d)(2)) is amended by
striking ``Program to another such program.'' and inserting ``Program--
``(A) to another such program;
``(B) to other departments or agencies of the United States
Government for the development and fielding of systems of common
concern related to the collection, processing, analysis,
exploitation, and dissemination of intelligence information; or
``(C) to a program funded by appropriations not within the
National Intelligence Program to address critical gaps in
intelligence information sharing or access capabilities.''.
(b) Authorities of Heads of Other Departments and Agencies.--
Notwithstanding any other provision of law, the head of any department
or agency of the United States is authorized to receive and utilize
funds made available to the department or agency by the Director of
National Intelligence pursuant to section 102A(d)(2) of the National
Security Act of 1947 (50 U.S.C. 403-1(d)(2)), as amended by subsection
(a), and receive and utilize any system referred to in such section
that is made available to such department or agency.
SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (e) of section 103 of the National Security Act of 1947
(50 U.S.C. 403-3) is amended to read as follows:
``(e) Location of the Office of the Director of National
Intelligence.--The headquarters of the Office of the Director of
National Intelligence may be located in the Washington metropolitan
region, as that term is defined in section 8301 of title 40, United
States Code.''.
SEC. 404. TITLE AND APPOINTMENT OF CHIEF INFORMATION OFFICER OF THE
INTELLIGENCE COMMUNITY.
Section 103G of the National Security Act of 1947 (50 U.S.C. 403-
3g) is amended--
(1) in subsection (a)--
(A) by inserting ``of the Intelligence Community'' after
``Chief Information Officer''; and
(B) by striking ``President,'' and all that follows and
inserting ``President.'';
(2) by striking subsection (b) and redesignating subsections
(c) and (d) as subsections (b) and (c), respectively;
(3) in subsection (b) (as so redesignated), by inserting ``of
the Intelligence Community'' after ``Chief Information Officer'';
and
(4) in subsection (c) (as so redesignated), by inserting ``of
the Intelligence Community'' before ``may not''.
SEC. 405. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.), as amended by section 347 of this Act, is
further amended by inserting after section 103G the following new
section:
``inspector general of the intelligence community
``Sec. 103H. (a) Office of Inspector General of the Intelligence
Community.--There is within the Office of the Director of National
Intelligence an Office of the Inspector General of the Intelligence
Community.
``(b) Purpose.--The purpose of the Office of the Inspector General
of the Intelligence Community is--
``(1) to create an objective and effective office,
appropriately accountable to Congress, to initiate and conduct
independent investigations, inspections, audits, and reviews on
programs and activities within the responsibility and authority of
the Director of National Intelligence;
``(2) to provide leadership and coordination and recommend
policies for activities designed--
``(A) to promote economy, efficiency, and effectiveness in
the administration and implementation of such programs and
activities; and
``(B) to prevent and detect fraud and abuse in such
programs and activities;
``(3) to provide a means for keeping the Director of National
Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to the
administration of programs and activities within the
responsibility and authority of the Director of National
Intelligence; and
``(B) the necessity for, and the progress of, corrective
actions; and
``(4) in the manner prescribed by this section, to ensure that
the congressional intelligence committees are kept similarly
informed of--
``(A) significant problems and deficiencies relating to
programs and activities within the responsibility and authority
of the Director of National Intelligence; and
``(B) the necessity for, and the progress of, corrective
actions.
``(c) Inspector General of the Intelligence Community.--(1) There
is an Inspector General of the Intelligence Community, who shall be the
head of the Office of the Inspector General of the Intelligence
Community, who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The nomination of an individual for appointment as Inspector
General shall be made--
``(A) without regard to political affiliation;
``(B) on the basis of integrity, compliance with security
standards of the intelligence community, and prior experience in
the field of intelligence or national security; and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or investigations.
``(3) The Inspector General shall report directly to and be under
the general supervision of the Director of National Intelligence.
``(4) The Inspector General may be removed from office only by the
President. The President shall communicate in writing to the
congressional intelligence committees the reasons for the removal not
later than 30 days prior to the effective date of such removal. Nothing
in this paragraph shall be construed to prohibit a personnel action
otherwise authorized by law, other than transfer or removal.
``(d) Assistant Inspectors General.--Subject to the policies of the
Director of National Intelligence, the Inspector General of the
Intelligence Community shall--
``(1) appoint an Assistant Inspector General for Audit who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and activities within the
responsibility and authority of the Director;
``(2) appoint an Assistant Inspector General for Investigations
who shall have the responsibility for supervising the performance
of investigative activities relating to such programs and
activities; and
``(3) appoint other Assistant Inspectors General that, in the
judgment of the Inspector General, are necessary to carry out the
duties of the Inspector General.
``(e) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General of the Intelligence Community--
``(1) to provide policy direction for, and to plan, conduct,
supervise, and coordinate independently, the investigations,
inspections, audits, and reviews relating to programs and
activities within the responsibility and authority of the Director
of National Intelligence;
``(2) to keep the Director of National Intelligence fully and
currently informed concerning violations of law and regulations,
fraud, and other serious problems, abuses, and deficiencies
relating to the programs and activities within the responsibility
and authority of the Director, to recommend corrective action
concerning such problems, and to report on the progress made in
implementing such corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by the
Inspector General, and, to the extent consistent with the purpose
and objective of such reports, take such measures as may be
appropriate to minimize the disclosure of intelligence sources and
methods described in such reports; and
``(4) in the execution of the duties and responsibilities under
this section, to comply with generally accepted government
auditing.
``(f) Limitations on Activities.--(1) The Director of National
Intelligence may prohibit the Inspector General of the Intelligence
Community from initiating, carrying out, or completing any
investigation, inspection, audit, or review if the Director determines
that such prohibition is necessary to protect vital national security
interests of the United States.
``(2) Not later than seven days after the date on which the
Director exercises the authority under paragraph (1), the Director
shall submit to the congressional intelligence committees an
appropriately classified statement of the reasons for the exercise of
such authority.
``(3) The Director shall advise the Inspector General at the time a
statement under paragraph (2) is submitted, and, to the extent
consistent with the protection of intelligence sources and methods,
provide the Inspector General with a copy of such statement.
``(4) The Inspector General may submit to the congressional
intelligence committees any comments on the statement of which the
Inspector General has notice under paragraph (3) that the Inspector
General considers appropriate.
``(g) Authorities.--(1) The Inspector General of the Intelligence
Community shall have direct and prompt access to the Director of
National Intelligence when necessary for any purpose pertaining to the
performance of the duties of the Inspector General.
``(2)(A) The Inspector General shall, subject to the limitations in
subsection (f), make such investigations and reports relating to the
administration of the programs and activities within the authorities
and responsibilities of the Director as are, in the judgment of the
Inspector General, necessary or desirable.
``(B) The Inspector General shall have access to any employee, or
any employee of a contractor, of any element of the intelligence
community needed for the performance of the duties of the Inspector
General.
``(C) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers, recommendations,
or other materials that relate to the programs and activities with
respect to which the Inspector General has responsibilities under this
section.
``(D) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient rationale
for denying the Inspector General access to any materials under
subparagraph (C).
``(E) The Director, or on the recommendation of the Director,
another appropriate official of the intelligence community, shall take
appropriate administrative actions against an employee, or an employee
of a contractor, of an element of the intelligence community that fails
to cooperate with the Inspector General. Such administrative action may
include loss of employment or the termination of an existing
contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate, pursuant to subsection (h), complaints or information from
any person concerning the existence of an activity within the
authorities and responsibilities of the Director of National
Intelligence constituting a violation of laws, rules, or regulations,
or mismanagement, gross waste of funds, abuse of authority, or a
substantial and specific danger to the public health and safety. Once
such complaint or information has been received from an employee of the
intelligence community--
``(A) the Inspector General shall not disclose the identity of
the employee without the consent of the employee, unless the
Inspector General determines that such disclosure is unavoidable
during the course of the investigation or the disclosure is made to
an official of the Department of Justice responsible for
determining whether a prosecution should be undertaken; and
``(B) no action constituting a reprisal, or threat of reprisal,
for making such complaint or disclosing such information to the
Inspector General may be taken by any employee in a position to
take such actions, unless the complaint was made or the information
was disclosed with the knowledge that it was false or with willful
disregard for its truth or falsity.
``(4) The Inspector General shall have the authority to administer
to or take from any person an oath, affirmation, or affidavit, whenever
necessary in the performance of the duties of the Inspector General,
which oath, affirmation, or affidavit when administered or taken by or
before an employee of the Office of the Inspector General of the
Intelligence Community designated by the Inspector General shall have
the same force and effect as if administered or taken by, or before, an
officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the Inspector
General is authorized to require by subpoena the production of all
information, documents, reports, answers, records, accounts, papers,
and other data in any medium (including electronically stored
information, as well as any tangible thing) and documentary evidence
necessary in the performance of the duties and responsibilities of the
Inspector General.
``(B) In the case of departments, agencies, and other elements of
the United States Government, the Inspector General shall obtain
information, documents, reports, answers, records, accounts, papers,
and other data and evidence for the purpose specified in subparagraph
(A) using procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for, or on
behalf of, any component of the Office of the Director of National
Intelligence or any element of the intelligence community, including
the Office of the Director of National Intelligence.
``(D) In the case of contumacy or refusal to obey a subpoena issued
under this paragraph, the subpoena shall be enforceable by order of any
appropriate district court of the United States.
``(6) The Inspector General may obtain services as authorized by
section 3109 of title 5, United States Code, at rates for individuals
not to exceed the daily equivalent of the maximum annual rate of basic
pay payable for grade GS-15 of the General Schedule under section 5332
of title 5, United States Code.
``(7) The Inspector General may, to the extent and in such amounts
as may be provided in appropriations, enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, and to make such payments as
may be necessary to carry out the provisions of this section.
``(h) Coordination Among Inspectors General.--(1)(A) In the event
of a matter within the jurisdiction of the Inspector General of the
Intelligence Community that may be subject to an investigation,
inspection, audit, or review by both the Inspector General of the
Intelligence Community and an inspector general with oversight
responsibility for an element of the intelligence community, the
Inspector General of the Intelligence Community and such other
inspector general shall expeditiously resolve the question of which
inspector general shall conduct such investigation, inspection, audit,
or review to avoid unnecessary duplication of the activities of the
inspectors general.
``(B) In attempting to resolve a question under subparagraph (A),
the inspectors general concerned may request the assistance of the
Intelligence Community Inspectors General Forum established under
paragraph (2). In the event of a dispute between an inspector general
within a department or agency of the United States Government and the
Inspector General of the Intelligence Community that has not been
resolved with the assistance of such Forum, the inspectors general
shall submit the question to the Director of National Intelligence and
the head of the affected department or agency for resolution.
``(2)(A) There is established the Intelligence Community Inspectors
General Forum, which shall consist of all statutory or administrative
inspectors general with oversight responsibility for an element of the
intelligence community.
``(B) The Inspector General of the Intelligence Community shall
serve as the Chair of the Forum established under subparagraph (A). The
Forum shall have no administrative authority over any inspector
general, but shall serve as a mechanism for informing its members of
the work of individual members of the Forum that may be of common
interest and discussing questions about jurisdiction or access to
employees, employees of contract personnel, records, audits, reviews,
documents, recommendations, or other materials that may involve or be
of assistance to more than one of its members.
``(3) The inspector general conducting an investigation,
inspection, audit, or review covered by paragraph (1) shall submit the
results of such investigation, inspection, audit, or review to any
other inspector general, including the Inspector General of the
Intelligence Community, with jurisdiction to conduct such
investigation, inspection, audit, or review who did not conduct such
investigation, inspection, audit, or review.
``(i) Counsel to the Inspector General.--(1) The Inspector General
of the Intelligence Community shall--
``(A) appoint a Counsel to the Inspector General who shall
report to the Inspector General; or
``(B) obtain the services of a counsel appointed by and
directly reporting to another inspector general or the Council of
the Inspectors General on Integrity and Efficiency on a
reimbursable basis.
``(2) The counsel appointed or obtained under paragraph (1) shall
perform such functions as the Inspector General may prescribe.
``(j) Staff and Other Support.--(1) The Director of National
Intelligence shall provide the Inspector General of the Intelligence
Community with appropriate and adequate office space at central and
field office locations, together with such equipment, office supplies,
maintenance services, and communications facilities and services as may
be necessary for the operation of such offices.
``(2)(A) Subject to applicable law and the policies of the Director
of National Intelligence, the Inspector General shall select, appoint,
and employ such officers and employees as may be necessary to carry out
the functions, powers, and duties of the Inspector General. The
Inspector General shall ensure that any officer or employee so
selected, appointed, or employed has security clearances appropriate
for the assigned duties of such officer or employee.
``(B) In making selections under subparagraph (A), the Inspector
General shall ensure that such officers and employees have the
requisite training and experience to enable the Inspector General to
carry out the duties of the Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the Inspector
General shall create within the Office of the Inspector General of the
Intelligence Community a career cadre of sufficient size to provide
appropriate continuity and objectivity needed for the effective
performance of the duties of the Inspector General.
``(3) Consistent with budgetary and personnel resources allocated
by the Director of National Intelligence, the Inspector General has
final approval of--
``(A) the selection of internal and external candidates for
employment with the Office of the Inspector General; and
``(B) all other personnel decisions concerning personnel
permanently assigned to the Office of the Inspector General,
including selection and appointment to the Senior Intelligence
Service, but excluding all security-based determinations that are
not within the authority of a head of a component of the Office of
the Director of National Intelligence.
``(4)(A) Subject to the concurrence of the Director of National
Intelligence, the Inspector General may request such information or
assistance as may be necessary for carrying out the duties and
responsibilities of the Inspector General from any department, agency,
or other element of the United States Government.
``(B) Upon request of the Inspector General for information or
assistance under subparagraph (A), the head of the department, agency,
or element concerned shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the department, agency, or element, furnish to the Inspector General,
such information or assistance.
``(C) The Inspector General of the Intelligence Community may, upon
reasonable notice to the head of any element of the intelligence
community and in coordination with that element's inspector general
pursuant to subsection (h), conduct, as authorized by this section, an
investigation, inspection, audit, or review of such element and may
enter into any place occupied by such element for purposes of the
performance of the duties of the Inspector General.
``(k) Reports.--(1)(A) The Inspector General of the Intelligence
Community shall, not later than January 31 and July 31 of each year,
prepare and submit to the Director of National Intelligence a
classified, and, as appropriate, unclassified semiannual report
summarizing the activities of the Office of the Inspector General of
the Intelligence Community during the immediately preceding 6-month
period ending December 31 (of the preceding year) and June 30,
respectively. The Inspector General of the Intelligence Community shall
provide any portion of the report involving a component of a department
of the United States Government to the head of that department
simultaneously with submission of the report to the Director of
National Intelligence.
``(B) Each report under this paragraph shall include, at a minimum,
the following:
``(i) A list of the title or subject of each investigation,
inspection, audit, or review conducted during the period covered by
such report.
``(ii) A description of significant problems, abuses, and
deficiencies relating to the administration of programs and
activities of the intelligence community within the responsibility
and authority of the Director of National Intelligence, and in the
relationships between elements of the intelligence community,
identified by the Inspector General during the period covered by
such report.
``(iii) A description of the recommendations for corrective
action made by the Inspector General during the period covered by
such report with respect to significant problems, abuses, or
deficiencies identified in clause (ii).
``(iv) A statement of whether or not corrective action has been
completed on each significant recommendation described in previous
semiannual reports, and, in a case where corrective action has been
completed, a description of such corrective action.
``(v) A certification of whether or not the Inspector General
has had full and direct access to all information relevant to the
performance of the functions of the Inspector General.
``(vi) A description of the exercise of the subpoena authority
under subsection (g)(5) by the Inspector General during the period
covered by such report.
``(vii) Such recommendations as the Inspector General considers
appropriate for legislation to promote economy, efficiency, and
effectiveness in the administration and implementation of programs
and activities within the responsibility and authority of the
Director of National Intelligence, and to detect and eliminate
fraud and abuse in such programs and activities.
``(C) Not later than 30 days after the date of receipt of a report
under subparagraph (A), the Director shall transmit the report to the
congressional intelligence committees together with any comments the
Director considers appropriate. The Director shall transmit to the
committees of the Senate and of the House of Representatives with
jurisdiction over a department of the United States Government any
portion of the report involving a component of such department
simultaneously with submission of the report to the congressional
intelligence committees.
``(2)(A) The Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to
programs and activities within the responsibility and authority of the
Director of National Intelligence.
``(B) The Director shall transmit to the congressional intelligence
committees each report under subparagraph (A) within 7 calendar days of
receipt of such report, together with such comments as the Director
considers appropriate. The Director shall transmit to the committees of
the Senate and of the House of Representatives with jurisdiction over a
department of the United States Government any portion of each report
under subparagraph (A) that involves a problem, abuse, or deficiency
related to a component of such department simultaneously with
transmission of the report to the congressional intelligence
committees.
``(3)(A) In the event that--
``(i) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the duties
or responsibilities of the Inspector General;
``(ii) an investigation, inspection, audit, or review carried
out by the Inspector General focuses on any current or former
intelligence community official who--
``(I) holds or held a position in an element of the
intelligence community that is subject to appointment by the
President, whether or not by and with the advice and consent of
the Senate, including such a position held on an acting basis;
``(II) holds or held a position in an element of the
intelligence community, including a position held on an acting
basis, that is appointed by the Director of National
Intelligence; or
``(III) holds or held a position as head of an element of
the intelligence community or a position covered by subsection
(b) or (c) of section 106;
``(iii) a matter requires a report by the Inspector General to
the Department of Justice on possible criminal conduct by a current
or former official described in clause (ii);
``(iv) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in clause (ii); or
``(v) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, audit,
or review,
the Inspector General shall immediately notify, and submit a report to,
the congressional intelligence committees on such matter.
``(B) The Inspector General shall submit to the committees of the
Senate and of the House of Representatives with jurisdiction over a
department of the United States Government any portion of each report
under subparagraph (A) that involves an investigation, inspection,
audit, or review carried out by the Inspector General focused on any
current or former official of a component of such department
simultaneously with submission of the report to the congressional
intelligence committees.
``(4) The Director shall submit to the congressional intelligence
committees any report or findings and recommendations of an
investigation, inspection, audit, or review conducted by the office
which has been requested by the Chairman or Vice Chairman or ranking
minority member of either committee.
``(5)(A) An employee of an element of the intelligence community,
an employee assigned or detailed to an element of the intelligence
community, or an employee of a contractor to the intelligence community
who intends to report to Congress a complaint or information with
respect to an urgent concern may report such complaint or information
to the Inspector General.
``(B) Not later than the end of the 14-calendar-day period
beginning on the date of receipt from an employee of a complaint or
information under subparagraph (A), the Inspector General shall
determine whether the complaint or information appears credible. Upon
making such a determination, the Inspector General shall transmit to
the Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector General
under subparagraph (B), the Director shall, within 7 calendar days of
such receipt, forward such transmittal to the congressional
intelligence committees, together with any comments the Director
considers appropriate.
``(D)(i) If the Inspector General does not find credible under
subparagraph (B) a complaint or information submitted under
subparagraph (A), or does not transmit the complaint or information to
the Director in accurate form under subparagraph (B), the employee
(subject to clause (ii)) may submit the complaint or information to
Congress by contacting either or both of the congressional intelligence
committees directly.
``(ii) An employee may contact the congressional intelligence
committees directly as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the Director,
through the Inspector General, a statement of the employee's
complaint or information and notice of the employee's intent to
contact the congressional intelligence committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the congressional
intelligence committees in accordance with appropriate security
practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or information under
this subparagraph does so in that member or employee's official
capacity as a member or employee of such committee.
``(E) The Inspector General shall notify an employee who reports a
complaint or information to the Inspector General under this paragraph
of each action taken under this paragraph with respect to the complaint
or information. Such notice shall be provided not later than 3 days
after any such action is taken.
``(F) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.
``(G) In this paragraph, the term `urgent concern' means any of the
following:
``(i) A serious or flagrant problem, abuse, violation of law or
Executive order, or deficiency relating to the funding,
administration, or operation of an intelligence activity within the
responsibility and authority of the Director of National
Intelligence involving classified information, but does not include
differences of opinions concerning public policy matters.
``(ii) A false statement to Congress, or a willful withholding
from Congress, on an issue of material fact relating to the
funding, administration, or operation of an intelligence activity.
``(iii) An action, including a personnel action described in
section 2302(a)(2)(A) of title 5, United States Code, constituting
reprisal or threat of reprisal prohibited under subsection
(g)(3)(B) of this section in response to an employee's reporting an
urgent concern in accordance with this paragraph.
``(H) Nothing in this section shall be construed to limit the
protections afforded to an employee under section 17(d) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) or section 8H of
the Inspector General Act of 1978 (5 U.S.C. App.).
``(6) In accordance with section 535 of title 28, United States
Code, the Inspector General shall expeditiously report to the Attorney
General any information, allegation, or complaint received by the
Inspector General relating to violations of Federal criminal law that
involves a program or operation of an element of the intelligence
community, or in the relationships between the elements of the
intelligence community, consistent with such guidelines as may be
issued by the Attorney General pursuant to subsection (b)(2) of such
section. A copy of each such report shall be furnished to the Director.
``(l) Construction of Duties Regarding Elements of Intelligence
Community.--Except as resolved pursuant to subsection (h), the
performance by the Inspector General of the Intelligence Community of
any duty, responsibility, or function regarding an element of the
intelligence community shall not be construed to modify or affect the
duties and responsibilities of any other inspector general having
duties and responsibilities relating to such element.
``(m) Separate Budget Account.--The Director of National
Intelligence shall, in accordance with procedures issued by the
Director in consultation with the congressional intelligence
committees, include in the National Intelligence Program budget a
separate account for the Office of the Inspector General of the
Intelligence Community.
``(n) Budget.--(1) For each fiscal year, the Inspector General of
the Intelligence Community shall transmit a budget estimate and request
to the Director of National Intelligence that specifies for such fiscal
year--
``(A) the aggregate amount requested for the operations of the
Inspector General;
``(B) the amount requested for all training requirements of the
Inspector General, including a certification from the Inspector
General that the amount requested is sufficient to fund all
training requirements for the Office of the Inspector General; and
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency, including a
justification for such amount.
``(2) In transmitting a proposed budget to the President for a
fiscal year, the Director of National Intelligence shall include for
such fiscal year--
``(A) the aggregate amount requested for the Inspector General
of the Intelligence Community;
``(B) the amount requested for Inspector General training;
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to such proposed budget.
``(3) The Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives for each fiscal year--
``(A) a separate statement of the budget estimate transmitted
pursuant to paragraph (1);
``(B) the amount requested by the Director for the Inspector
General pursuant to paragraph (2)(A);
``(C) the amount requested by the Director for the training of
personnel of the Office of the Inspector General pursuant to
paragraph (2)(B);
``(D) the amount requested by the Director for support for the
Council of the Inspectors General on Integrity and Efficiency
pursuant to paragraph (2)(C); and
``(E) the comments of the Inspector General under paragraph
(2)(D), if any, on the amounts requested pursuant to paragraph (2),
including whether such amounts would substantially inhibit the
Inspector General from performing the duties of the Office of the
Inspector General.''.
(2) Table of contents amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 347 of this Act, is further amended by inserting after the
item relating to section 103G the following new item:
``Sec. 103H. Inspector General of the Intelligence Community.''.
(b) Pay of Inspector General.--Subparagraph (A) of section 4(a)(3)
of the Inspector General Reform Act of 2008 (Public Law 110-409; 5
U.S.C. App. note) is amended by inserting ``the Inspector General of
the Intelligence Community,'' after ``basic pay of''.
(c) Construction.--Nothing in the amendment made by subsection
(a)(1) shall be construed to alter the duties and responsibilities of
the General Counsel of the Office of the Director of National
Intelligence.
(d) Repeal of Superseded Authority To Establish Position.--Section
8K of the Inspector General Act of 1978 (5 U.S.C. App.) shall be
repealed on the date that the President appoints, with the advice and
consent of the Senate, the first individual to serve as Inspector
General for the Intelligence Community pursuant to section 103H of the
National Security Act of 1947, as added by subsection (a), and such
individual assumes the duties of the Inspector General.
SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.), as amended by section 405 of this Act, is
further amended by inserting after section 103H, as added by section
405(a)(1), the following new section:
``chief financial officer of the intelligence community
``Sec. 103I. (a) Chief Financial Officer of the Intelligence
Community.--To assist the Director of National Intelligence in carrying
out the responsibilities of the Director under this Act and other
applicable provisions of law, there is within the Office of the
Director of National Intelligence a Chief Financial Officer of the
Intelligence Community who shall be appointed by the Director.
``(b) Duties and Responsibilities.--Subject to the direction of the
Director of National Intelligence, the Chief Financial Officer of the
Intelligence Community shall--
``(1) serve as the principal advisor to the Director of
National Intelligence and the Principal Deputy Director of National
Intelligence on the management and allocation of intelligence
community budgetary resources;
``(2) participate in overseeing a comprehensive and integrated
strategic process for resource management within the intelligence
community;
``(3) ensure that the strategic plan of the Director of
National Intelligence--
``(A) is based on budgetary constraints as specified in the
Future Year Intelligence Plans and Long-term Budget Projections
required under section 506G; and
``(B) contains specific goals and objectives to support a
performance-based budget;
``(4) prior to the obligation or expenditure of funds for the
acquisition of any major system pursuant to a Milestone A or
Milestone B decision, receive verification from appropriate
authorities that the national requirements for meeting the
strategic plan of the Director have been established, and that such
requirements are prioritized based on budgetary constraints as
specified in the Future Year Intelligence Plans and the Long-term
Budget Projections for such major system required under section
506G;
``(5) ensure that the collection architectures of the Director
are based on budgetary constraints as specified in the Future Year
Intelligence Plans and the Long-term Budget Projections required
under section 506G;
``(6) coordinate or approve representations made to Congress by
the intelligence community regarding National Intelligence Program
budgetary resources;
``(7) participate in key mission requirements, acquisitions, or
architectural boards formed within or by the Office of the Director
of National Intelligence; and
``(8) perform such other duties as may be prescribed by the
Director of National Intelligence.
``(c) Other Law.--The Chief Financial Officer of the Intelligence
Community shall serve as the Chief Financial Officer of the
intelligence community and, to the extent applicable, shall have the
duties, responsibilities, and authorities specified in chapter 9 of
title 31, United States Code.
``(d) Prohibition on Simultaneous Service as Other Chief Financial
Officer.--An individual serving in the position of Chief Financial
Officer of the Intelligence Community may not, while so serving, serve
as the chief financial officer of any other department or agency, or
component thereof, of the United States Government.
``(e) Definitions.--In this section:
``(1) The term `major system' has the meaning given that term
in section 506A(e).
``(2) The term `Milestone A' has the meaning given that term in
section 506G(f).
``(3) The term `Milestone B' has the meaning given that term in
section 506C(e).''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 405(a), is further amended by inserting after the item relating
to section 103H, as added by section 405(a)(2), the following new item:
``Sec. 103I. Chief Financial Officer of the Intelligence Community.''.
SEC. 407. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a) of the
National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
(1) by striking ``Not later than 18 months after the date of
the enactment of the National Security Intelligence Reform Act of
2004, the'' and inserting ``(1) The''; and
(2) by adding at the end the following new paragraphs:
``(2) The head of the National Counter Proliferation Center shall
be the Director of the National Counter Proliferation Center, who shall
be appointed by the Director of National Intelligence.
``(3) The National Counter Proliferation Center shall be located
within the Office of the Director of National Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is
amended--
(1) by redesignating paragraph (9) as paragraph (14); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism Center.
``(12) The Director of the National Counter Proliferation
Center.
``(13) The Chief Financial Officer of the Intelligence
Community.''.
SEC. 408. PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE DIRECTOR
OF NATIONAL INTELLIGENCE.
(a) In General.--Title VII of the National Security Act of 1947 (50
U.S.C. 431 et seq.) is amended by adding at the end the following new
section:
``protection of certain files of the office of the director of
national intelligence
``Sec. 706. (a) Inapplicability of FOIA to Exempted Operational
Files Provided to ODNI.--(1) Subject to paragraph (2), the provisions
of section 552 of title 5, United States Code, that require search,
review, publication, or disclosure of a record shall not apply to a
record provided to the Office of the Director of National Intelligence
by an element of the intelligence community from the exempted
operational files of such element.
``(2) Paragraph (1) shall not apply with respect to a record of the
Office that--
``(A) contains information derived or disseminated from an
exempted operational file, unless such record is created by the
Office for the sole purpose of organizing such exempted operational
file for use by the Office;
``(B) is disseminated by the Office to a person other than an
officer, employee, or contractor of the Office; or
``(C) is no longer designated as an exempted operational file
in accordance with this title.
``(b) Effect of Providing Files to ODNI.--Notwithstanding any other
provision of this title, an exempted operational file that is provided
to the Office by an element of the intelligence community shall not be
subject to the provisions of section 552 of title 5, United States
Code, that require search, review, publication, or disclosure of a
record solely because such element provides such exempted operational
file to the Office.
``(c) Search and Review for Certain Purposes.--Notwithstanding
subsection (a) or (b), an exempted operational file shall continue to
be subject to search and review for information concerning any of the
following:
``(1) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on themselves
pursuant to the provisions of section 552 or 552a of title 5,
United States Code.
``(2) Any special activity the existence of which is not exempt
from disclosure under the provisions of section 552 of title 5,
United States Code.
``(3) The specific subject matter of an investigation for any
impropriety or violation of law, Executive order, or Presidential
directive, in the conduct of an intelligence activity by any of the
following:
``(A) The Select Committee on Intelligence of the Senate.
``(B) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of National Intelligence.
``(F) The Office of the Inspector General of the
Intelligence Community.
``(d) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of National Intelligence shall
review the exemptions in force under subsection (a) to determine
whether such exemptions may be removed from any category of exempted
files or any portion thereof.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of the particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant that alleges that the Director of National
Intelligence has improperly withheld records because of failure to
comply with this subsection may seek judicial review in the district
court of the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding, the
court's review shall be limited to determining the following:
``(A) Whether the Director has conducted the review required by
paragraph (1) before the expiration of the 10-year period beginning
on the date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2010 or before the expiration of the 10-year period
beginning on the date of the most recent review.
``(B) Whether the Director of National Intelligence, in fact,
considered the criteria set forth in paragraph (2) in conducting
the required review.
``(e) Supersedure of Other Laws.--The provisions of this section
may not be superseded except by a provision of law that is enacted
after the date of the enactment of this section and that specifically
cites and repeals or modifies such provisions.
``(f) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as provided in paragraph (2), whenever any person
who has requested agency records under section 552 of title 5, United
States Code, alleges that the Office has withheld records improperly
because of failure to comply with any provision of this section,
judicial review shall be available under the terms set forth in section
552(a)(4)(B) of title 5, United States Code.
``(2) Judicial review shall not be available in the manner provided
for under paragraph (1) as follows:
``(A) In any case in which information specifically authorized
under criteria established by an Executive order to be kept secret
in the interests of national defense or foreign relations is filed
with, or produced for, the court by the Office, such information
shall be examined ex parte, in camera by the court.
``(B) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written submissions
of the parties.
``(C)(i) When a complainant alleges that requested records were
improperly withheld because of improper exemption of operational
files, the Office may meet the burden of the Office under section
552(a)(4)(B) of title 5, United States Code, by demonstrating to
the court by sworn written submission that exempted files likely to
contain responsive records are records provided to the Office by an
element of the intelligence community from the exempted operational
files of such element.
``(ii) The court may not order the Office to review the content
of any exempted file in order to make the demonstration required
under clause (i), unless the complainant disputes the Office's
showing with a sworn written submission based on personal knowledge
or otherwise admissible evidence.
``(D) In proceedings under subparagraph (C), a party may not
obtain discovery pursuant to rules 26 through 36 of the Federal
Rules of Civil Procedure, except that requests for admissions may
be made pursuant to rules 26 and 36 of the Federal Rules of Civil
Procedure.
``(E) If the court finds under this subsection that the Office
has improperly withheld requested records because of failure to
comply with any provision of this section, the court shall order
the Office to search and review each appropriate exempted file for
the requested records and make such records, or portions thereof,
available in accordance with the provisions of section 552 of title
5, United States Code (commonly referred to as the Freedom of
Information Act), and such order shall be the exclusive remedy for
failure to comply with this section.
``(F) If at any time following the filing of a complaint
pursuant to this paragraph the Office agrees to search each
appropriate exempted file for the requested records, the court
shall dismiss the claim based upon such complaint.
``(g) Definitions.--In this section:
``(1) The term `exempted operational file' means a file of an
element of the intelligence community that, in accordance with this
title, is exempted from the provisions of section 552 of title 5,
United States Code, that require search, review, publication, or
disclosure of such file.
``(2) Except as otherwise specifically provided, the term
`Office' means the Office of the Director of National
Intelligence.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 406(b) of this Act, is further amended by inserting after the
item relating to section 705 the following new item:
``Sec. 706. Protection of certain files of the Office of the Director of
National Intelligence.''.
SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE INTELLIGENCE
COMMUNITY.
Section 1102 of the National Security Act of 1947 (50 U.S.C. 442a)
is amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by striking ``(1) In'' and inserting ``In''; and
(2) in subsection (c)--
(A) by striking paragraph (2); and
(B) by striking ``(1) The'' and inserting ``The''.
SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO
ADVISORY COMMITTEES OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) In General.--Section 4(b) of the Federal Advisory Committee Act
(5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or'';
(2) in paragraph (2), by striking the period and inserting ``;
or''; and
(3) by adding at the end the following new paragraph:
``(3) the Office of the Director of National Intelligence, if
the Director of National Intelligence determines that for reasons
of national security such advisory committee cannot comply with the
requirements of this Act.''.
(b) Annual Report.--
(1) In general.--The Director of National Intelligence and the
Director of the Central Intelligence Agency shall each submit to
the congressional intelligence committees an annual report on
advisory committees created by each such Director. Each report
shall include--
(A) a description of each such advisory committee,
including the subject matter of the committee; and
(B) a list of members of each such advisory committee.
(2) Report on reasons for odni exclusion of advisory committee
from faca.--Each report submitted by the Director of National
Intelligence in accordance with paragraph (1) shall include the
reasons for a determination by the Director under section 4(b)(3)
of the Federal Advisory Committee Act (5 U.S.C. App.), as added by
subsection (a) of this section, that an advisory committee cannot
comply with the requirements of such Act.
SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON
THE TRANSPORTATION SECURITY OVERSIGHT BOARD.
Subparagraph (F) of section 115(b)(1) of title 49, United States
Code, is amended to read as follows:
``(F) The Director of National Intelligence, or the
Director's designee.''.
SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF
THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c) is
amended--
(1) by striking subsections (d), (h), (i), and (j);
(2) by redesignating subsections (e), (f), (g), (k), (l), and
(m) as subsections (d), (e), (f), (g), (h), and (i), respectively;
and
(3) in subsection (f), as redesignated by paragraph (2), by
striking paragraphs (3) and (4).
(b) Conforming Amendments.--Such section 904 is further amended--
(1) in subsection (d), as redesignated by subsection (a)(2) of
this section, by striking ``subsection (f)'' each place it appears
in paragraphs (1) and (2) and inserting ``subsection (e)''; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection (e)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection (e)(2)'' and
inserting ``subsection (d)(2)''.
SEC. 413. MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE NAME, INITIALS, OR SEAL.
(a) Prohibition.--Title XI of the National Security Act of 1947 (50
U.S.C. 442 et seq.) is amended by adding at the end the following new
section:
``misuse of the office of the director of national intelligence name,
initials, or seal
``Sec. 1103. (a) Prohibited Acts.--No person may, except with the
written permission of the Director of National Intelligence, or a
designee of the Director, knowingly use the words `Office of the
Director of National Intelligence', the initials `ODNI', the seal of
the Office of the Director of National Intelligence, or any colorable
imitation of such words, initials, or seal in connection with any
merchandise, impersonation, solicitation, or commercial activity in a
manner reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the Director of National
Intelligence.
``(b) Injunction.--Whenever it appears to the Attorney General that
any person is engaged or is about to engage in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a),
the Attorney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice. Such court
shall proceed as soon as practicable to the hearing and determination
of such action and may, at any time before final determination, enter
such restraining orders or prohibitions, or take such other action as
is warranted, to prevent injury to the United States or to any person
or class of persons for whose protection the action is brought.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of such Act, as amended by section 408 of this Act, is
further amended by inserting after the item relating to section 1102
the following new item:
``Sec. 1103. Misuse of the Office of the Director of National
Intelligence name, initials, or seal.''.
SEC. 414. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA CENTER
ENERGY EFFICIENCY REPORTS.
(a) Plan.--The Director of National Intelligence shall develop a
plan to implement the recommendations of the report submitted to
Congress under section 1 of the Act entitled ``An Act to study and
promote the use of energy efficient computer servers in the United
States'' (Public Law 109-431; 120 Stat. 2920) across the intelligence
community.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report
containing the plan developed under subsection (a).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR REVIEWS OF
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS AND EXPORT
ADMINISTRATION REGULATIONS.
The Director of National Intelligence may provide support for any
review conducted by a department or agency of the United States
Government of the International Traffic in Arms Regulations or Export
Administration Regulations, including a review of technologies and
goods on the United States Munitions List and Commerce Control List
that may warrant controls that are different or additional to the
controls such technologies and goods are subject to at the time of such
review.
Subtitle B--Central Intelligence Agency
SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE
PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.
Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(a)(4)) is amended--
(1) by striking ``and the protection'' and inserting ``the
protection''; and
(2) by inserting before the semicolon the following: ``, and
the protection of the Director of National Intelligence and such
personnel of the Office of the Director of National Intelligence as
the Director of National Intelligence may designate''.
SEC. 422. APPEALS FROM DECISIONS INVOLVING CONTRACTS OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 8(d) of the Contract Disputes Act of 1978 (41 U.S.C.
607(d)) is amended by adding at the end ``Notwithstanding any other
provision of this section and any other provision of law, an appeal
from a decision of a contracting officer of the Central Intelligence
Agency relative to a contract made by that Agency may be filed with
whichever of the Armed Services Board of Contract Appeals or the
Civilian Board of Contract Appeals is specified by such contracting
officer as the Board to which such an appeal may be made and such Board
shall have jurisdiction to decide that appeal.''.
SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment and Duties of Deputy Director of the CIA.--Title
I of the National Security Act of 1947 (50 U.S.C. 402 et seq.), as
amended by section 406 of this Act, is further amended by inserting
after section 104A the following new section:
``deputy director of the central intelligence agency
``Sec. 104B. (a) Deputy Director of the Central Intelligence
Agency.--There is a Deputy Director of the Central Intelligence Agency
who shall be appointed by the President.
``(b) Duties.--The Deputy Director of the Central Intelligence
Agency shall--
``(1) assist the Director of the Central Intelligence Agency in
carrying out the duties and responsibilities of the Director of the
Central Intelligence Agency; and
``(2) during the absence or disability of the Director of the
Central Intelligence Agency, or during a vacancy in the position of
Director of the Central Intelligence Agency, act for and exercise
the powers of the Director of the Central Intelligence Agency.''.
(b) Conforming Amendments.--
(1) Executive schedule iii.--Section 5314 of title 5, United
States Code, is amended by striking ``Deputy Directors of Central
Intelligence (2)'' and inserting ``Deputy Director of the Central
Intelligence Agency''.
(2) Table of contents amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 414 of this Act, is further amended by inserting after the
item relating to section 104A the following new item:
``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.
(c) Applicability.--The amendments made by this section shall apply
on the earlier of--
(1) the date of the appointment by the President of an
individual to serve as Deputy Director of the Central Intelligence
Agency pursuant to section 104B of the National Security Act of
1947, as added by subsection (a), except that the individual
administratively performing the duties of the Deputy Director of
the Central Intelligence Agency as of the date of the enactment of
this Act may continue to perform such duties until the individual
appointed to the position of Deputy Director of the Central
Intelligence Agency assumes the duties of such position; or
(2) the date of the cessation of the performance of the duties
of the Deputy Director of the Central Intelligence Agency by the
individual administratively performing such duties as of the date
of the enactment of this Act.
SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COMMON CARRIER.
Subsection (b) of section 116 of the National Security Act of 1947
(50 U.S.C. 404k) is amended by striking the period at the end and
inserting ``, who may delegate such authority to other appropriate
officials of the Central Intelligence Agency.''.
SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE AGENCY.
(a) Appointment and Qualifications of the Inspector General.--
Paragraph (1) of section 17(b) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403q(b)) is amended by striking the second and third
sentences and inserting ``This appointment shall be made without regard
to political affiliation and shall be on the basis of integrity and
demonstrated ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigation. Such
appointment shall also be made on the basis of compliance with the
security standards of the Agency and prior experience in the field of
foreign intelligence.''.
(b) Removal of the Inspector General.--Paragraph (6) of section
17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(b)) is amended--
(1) by striking ``immediately''; and
(2) by striking the period at the end and inserting ``not later
than 30 days prior to the effective date of such removal. Nothing
in this paragraph shall be construed to prohibit a personnel action
otherwise authorized by law, other than transfer or removal.''.
(c) Application of Semiannual Reporting Requirements With Respect
To Review Reports.--Paragraph (1) of section 17(d) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) is amended in the
matter preceding subparagraph (A) by inserting ``review,'' after
``investigation,''.
(d) Protection Against Reprisals.--Subparagraph (B) of section
17(e)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(e)(3)) is amended by inserting ``or providing such information''
after ``making such complaint''.
(e) Inspector General Subpoena Power.--Subparagraph (A) of section
17(e)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(e)(5)) is amended by inserting ``in any medium (including
electronically stored information or any tangible thing)'' after
``other data''.
(f) Other Administrative Authorities.--
(1) In general.--Subsection (e) of section 17 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q), as amended by
subsections (d) and (e) of this section, is further amended--
(A) by redesignating paragraph (8) as subparagraph (9);
(B) in paragraph (9), as so redesignated--
(i) by striking ``Subject to the concurrence of the
Director, the'' and inserting ``The''; and
(ii) by adding at the end the following: ``Consistent
with budgetary and personnel resources allocated by the
Director, the Inspector General has final approval of--
``(A) the selection of internal and external candidates for
employment with the Office of Inspector General; and
``(B) all other personnel decisions concerning personnel
permanently assigned to the Office of Inspector General,
including selection and appointment to the Senior Intelligence
Service, but excluding all security-based determinations that
are not within the authority of a head of other Central
Intelligence Agency offices.''; and
(C) by inserting after paragraph (7) the following new
paragraph:
``(8)(A) The Inspector General shall--
``(i) appoint a Counsel to the Inspector General who shall
report to the Inspector General; or
``(ii) obtain the services of a counsel appointed by and
directly reporting to another Inspector General or the Council of
the Inspectors General on Integrity and Efficiency on a
reimbursable basis.
``(B) The counsel appointed or obtained under subparagraph (A)
shall perform such functions as the Inspector General may prescribe.''.
(2) Construction.--Nothing in the amendment made by paragraph
(1)(C) shall be construed to alter the duties and responsibilities
of the General Counsel of the Central Intelligence Agency.
SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
Subsection (f) of section 17 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403q) is amended--
(1) by inserting ``(1)'' before ``Beginning''; and
(2) by adding at the end the following new paragraph:
``(2) For each fiscal year, the Inspector General shall transmit a
budget estimate and request through the Director to the Director of
National Intelligence that specifies for such fiscal year--
``(A) the aggregate amount requested for the operations of the
Inspector General;
``(B) the amount requested for all training requirements of the
Inspector General, including a certification from the Inspector
General that the amount requested is sufficient to fund all
training requirements for the Office; and
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency, including a
justification for such amount.
``(3) In transmitting a proposed budget to the President for a
fiscal year, the Director of National Intelligence shall include for
such fiscal year--
``(A) the aggregate amount requested for the Inspector General
of the Central Intelligence Agency;
``(B) the amount requested for Inspector General training;
``(C) the amount requested to support the Council of the
Inspectors General on Integrity and Efficiency; and
``(D) the comments of the Inspector General, if any, with
respect to such proposed budget.
``(4) The Director of National Intelligence shall submit to the
Committee on Appropriations and the Select Committee on Intelligence of
the Senate and the Committee on Appropriations and the Permanent Select
Committee on Intelligence of the House of Representatives for each
fiscal year--
``(A) a separate statement of the budget estimate transmitted
pursuant to paragraph (2);
``(B) the amount requested by the Director of National
Intelligence for the Inspector General pursuant to paragraph
(3)(A);
``(C) the amount requested by the Director of National
Intelligence for training of personnel of the Office of the
Inspector General pursuant to paragraph (3)(B);
``(D) the amount requested by the Director of National
Intelligence for support for the Council of the Inspectors General
on Integrity and Efficiency pursuant to paragraph (3)(C); and
``(E) the comments of the Inspector General under paragraph
(3)(D), if any, on the amounts requested pursuant to paragraph (3),
including whether such amounts would substantially inhibit the
Inspector General from performing the duties of the Office.''.
SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED VERSIONS OF CERTAIN
INTELLIGENCE PRODUCTS.
The Director of the Central Intelligence Agency shall make publicly
available an unclassified version of any memoranda or finished
intelligence products assessing the--
(1) information gained from high-value detainee reporting; and
(2) dated April 3, 2003, July 15, 2004, March 2, 2005, and June
1, 2005.
Subtitle C--Defense Intelligence Components
SEC. 431. INSPECTOR GENERAL MATTERS.
(a) Coverage Under Inspector General Act of 1978.--Subsection
(a)(2) of section 8G of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) by inserting ``the Defense Intelligence Agency,'' after
``the Corporation for Public Broadcasting,'';
(2) by inserting ``the National Geospatial-Intelligence
Agency,'' after ``the National Endowment for the Humanities,''; and
(3) by inserting ``the National Reconnaissance Office, the
National Security Agency,'' after ``the National Labor Relations
Board,''.
(b) Certain Designations Under Inspector General Act of 1978.--
Subsection (a) of section 8H of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following new
paragraph:
``(3) The Inspectors General of the Defense Intelligence Agency,
the National Geospatial-Intelligence Agency, the National
Reconnaissance Office, and the National Security Agency shall be
designees of the Inspector General of the Department of Defense for
purposes of this section.''.
(c) Power of Heads of Elements Over Investigations.--Subsection (d)
of section 8G of such Act (5 U.S.C. App.) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) in the second sentence of paragraph (1), as designated by
paragraph (1) of this subsection, by striking ``The head'' and
inserting ``Except as provided in paragraph (2), the head''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The Secretary of Defense, in consultation with the
Director of National Intelligence, may prohibit the inspector general
of an element of the intelligence community specified in subparagraph
(D) from initiating, carrying out, or completing any audit or
investigation if the Secretary determines that the prohibition is
necessary to protect vital national security interests of the United
States.
``(B) If the Secretary exercises the authority under subparagraph
(A), the Secretary shall submit to the committees of Congress specified
in subparagraph (E) an appropriately classified statement of the
reasons for the exercise of such authority not later than 7 days after
the exercise of such authority.
``(C) At the same time the Secretary submits under subparagraph (B)
a statement on the exercise of the authority in subparagraph (A) to the
committees of Congress specified in subparagraph (E), the Secretary
shall notify the inspector general of such element of the submittal of
such statement and, to the extent consistent with the protection of
intelligence sources and methods, provide such inspector general with a
copy of such statement. Such inspector general may submit to such
committees of Congress any comments on a notice or statement received
by the inspector general under this subparagraph that the inspector
general considers appropriate.
``(D) The elements of the intelligence community specified in this
subparagraph are as follows:
``(i) The Defense Intelligence Agency.
``(ii) The National Geospatial-Intelligence Agency.
``(iii) The National Reconnaissance Office.
``(iv) The National Security Agency.
``(E) The committees of Congress specified in this subparagraph
are--
``(i) the Committee on Armed Services and the Select Committee
on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.''.
SEC. 432. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY FOR ANALYSIS AND DISSEMINATION OF
CERTAIN INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National Intelligence, the
National Geospatial-Intelligence Agency shall develop a system to
facilitate the analysis, dissemination, and incorporation of
likenesses, videos, and presentations produced by ground-based
platforms, including handheld or clandestine photography taken by or on
behalf of human intelligence collection organizations or available as
open-source information, into the National System for Geospatial
Intelligence.
``(B) The authority provided by this paragraph does not include
authority for the National Geospatial-Intelligence Agency to manage
tasking of handheld or clandestine photography taken by or on behalf of
human intelligence collection organizations.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
SEC. 433. DIRECTOR OF COMPLIANCE OF THE NATIONAL SECURITY AGENCY.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by inserting after the first section the following new section:
``Sec. 2. There is a Director of Compliance of the National
Security Agency, who shall be appointed by the Director of the National
Security Agency and who shall be responsible for the programs of
compliance over mission activities of the National Security Agency.''.
Subtitle D--Other Elements
SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF THE INTELLIGENCE
COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after ``the Marine
Corps,''; and
(B) by inserting ``the Drug Enforcement Administration,''
after ``the Federal Bureau of Investigation,''; and
(2) in subparagraph (K), by striking ``, including the Office
of Intelligence of the Coast Guard''.
SEC. 442. AUTHORIZATION OF APPROPRIATIONS FOR COAST GUARD NATIONAL
TACTICAL INTEGRATION OFFICE.
Title 14, United States Code, is amended--
(1) in paragraph (4) of section 93(a), by striking ``function''
and inserting ``function, including research, development, test, or
evaluation related to intelligence systems and capabilities,''; and
(2) in paragraph (4) of section 662, by inserting
``intelligence systems and capabilities or'' after ``related to''.
SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE FEDERAL BUREAU
OF INVESTIGATION.
Section 5759 of title 5, United States Code, is amended--
(1) in subsection (a)(2), by striking ``is transferred to a
different geographic area with a higher cost of living'' and
inserting ``is subject to a mobility agreement and is transferred
to a position in a different geographical area in which there is a
shortage of critical skills'';
(2) in subsection (b)(2), by striking the period at the end and
inserting ``, including requirements for a bonus recipient's
repayment of a bonus in circumstances determined by the Director of
the Federal Bureau of Investigation.'';
(3) in subsection (c), by striking ``basic pay.'' and inserting
``annual rate of basic pay. The bonus may be paid in a lump sum or
installments linked to completion of periods of service.''; and
(4) in subsection (d), by striking ``retention bonus'' and
inserting ``bonus paid under this section''.
SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL BUREAU OF
INVESTIGATION TO WAIVE MANDATORY RETIREMENT PROVISIONS.
(a) Civil Service Retirement System.--Subsection (b) of section
8335 of title 5, United States Code, is amended--
(1) in the paragraph (2) enacted by section 112(a)(2) of the
Department of Justice Appropriations Act, 2005 (title I of division
B of Public Law 108-447; 118 Stat. 2868), by striking ``2009'' and
inserting ``2011''; and
(2) by striking the paragraph (2) enacted by section 2005(a)(2)
of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3704).
(b) Federal Employees' Retirement System.--Subsection (b) of
section 8425 of title 5, United States Code, is amended--
(1) in the paragraph (2) enacted by section 112(b)(2) of the
Department of Justice Appropriations Act, 2005 (title I of division
B of Public Law 108-447; 118 Stat. 2868), by striking ``2009'' and
inserting ``2011''; and
(2) by striking the paragraph (2) enacted by section 2005(b)(2)
of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3704).
SEC. 445. REPORT AND ASSESSMENTS ON TRANSFORMATION OF THE
INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) Report.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation, in consultation with the Director of National
Intelligence, shall submit to the congressional intelligence
committees, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives a report
describing--
(A) a long-term vision for the intelligence capabilities of
the National Security Branch of the Bureau;
(B) a strategic plan for the National Security Branch; and
(C) the progress made in advancing the capabilities of the
National Security Branch.
(2) Content.--The report required by paragraph (1) shall
include--
(A) a description of the direction, strategy, and goals for
improving the intelligence capabilities of the National
Security Branch;
(B) a description of the intelligence and national security
capabilities of the National Security Branch that will be fully
functional within the five-year period beginning on the date on
which the report is submitted;
(C) a description--
(i) of the internal reforms that were carried out at
the National Security Branch during the two-year period
ending on the date on which the report is submitted; and
(ii) of the manner in which such reforms have advanced
the capabilities of the National Security Branch;
(D) an assessment of the effectiveness of the National
Security Branch in performing tasks that are critical to the
effective functioning of the National Security Branch as an
intelligence agency, including--
(i) human intelligence collection, both within and
outside the parameters of an existing case file or ongoing
investigation, in a manner that protects civil liberties;
(ii) intelligence analysis, including the ability of
the National Security Branch to produce, and provide
policymakers with, information on national security threats
to the United States;
(iii) management, including the ability of the National
Security Branch to manage and develop human capital and
implement an organizational structure that supports the
objectives and strategies of the Branch;
(iv) integration of the National Security Branch into
the intelligence community, including an ability to
robustly share intelligence and effectively communicate and
operate with appropriate Federal, State, local, and tribal
partners;
(v) implementation of an infrastructure that supports
the national security and intelligence missions of the
National Security Branch, including proper information
technology and facilities; and
(vi) reformation of the culture of the National
Security Branch, including the integration by the Branch of
intelligence analysts and other professional staff into
intelligence collection operations and the success of the
National Security Branch in ensuring that intelligence and
threat information drive the operations of the Branch;
(E) performance metrics and specific annual timetables for
advancing the performance of the tasks referred to in clauses
(i) through (vi) of subparagraph (D) and a description of the
activities being undertaken to ensure that the performance of
the National Security Branch in carrying out such tasks
improves; and
(F) an assessment of the effectiveness of the field office
supervisory term limit policy of the Federal Bureau of
Investigation that requires the mandatory reassignment of a
supervisor of the Bureau after a specific term of years.
(b) Annual Assessments.--
(1) Requirement for assessments.--Not later than 180 days after
the date on which the report required by subsection (a)(1) is
submitted, and annually thereafter for five years, the Director of
National Intelligence, in consultation with the Director of the
Federal Bureau of Investigation, shall submit to the congressional
intelligence committees, the Committee on the Judiciary of the
Senate, and the Committee on the Judiciary of the House of
Representatives an assessment of the performance of the National
Security Branch in carrying out the tasks referred to in clauses
(i) through (vi) of subsection (a)(2)(D) in comparison to such
performance during previous years.
(2) Considerations.--In conducting each assessment required by
paragraph (1), the Director of National Intelligence--
(A) shall use the performance metrics and specific annual
timetables for carrying out such tasks referred to in
subsection (a)(2)(E); and
(B) may request the assistance of any expert that the
Director considers appropriate, including an inspector general
of an appropriate department or agency.
TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE
SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS
SERVICE PROGRAM OFFICE.
(a) Reorganization of the Diplomatic Telecommunications Service
Program Office.--
(1) In general.--Subtitle B of title III of the Intelligence
Authorization Act for Fiscal Year 2001 (Public Law 106-567; 22
U.S.C. 7301 et seq.) is amended by striking sections 321, 322, 323,
and 324, and inserting the following new sections:
``SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
``(a) Reorganization.--The Diplomatic Telecommunications Service
Program Office established pursuant to title V of Public Law 102-140
shall be reorganized in accordance with this subtitle.
``(b) Duties.--The duties of the DTS-PO include implementing a
program for the establishment and maintenance of a DTS Network capable
of providing multiple levels of service to meet the wide-ranging needs
of all United States Government departments and agencies operating from
diplomatic and consular facilities outside of the United States,
including national security needs for secure, reliable, and robust
communications capabilities.
``SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC TELECOMMUNICATIONS
SERVICE GOVERNANCE BOARD.
``(a) Governance Board.--
``(1) Establishment.--There is established the Diplomatic
Telecommunications Service Governance Board to direct and oversee
the activities and performance of the DTS-PO.
``(2) Executive agent.--
``(A) Designation.--The Director of the Office of
Management and Budget shall designate, from among the
departments and agencies of the United States Government that
use the DTS Network, a department or agency as the DTS-PO
Executive Agent.
``(B) Duties.--The Executive Agent designated under
subparagraph (A) shall--
``(i) nominate a Director of the DTS-PO for approval by
the Governance Board in accordance with subsection (e); and
``(ii) perform such other duties as established by the
Governance Board in the determination of written
implementing arrangements and other relevant and
appropriate governance processes and procedures under
paragraph (3).
``(3) Requirement for implementing arrangements.--Subject to
the requirements of this subtitle, the Governance Board shall
determine the written implementing arrangements and other relevant
and appropriate governance processes and procedures to manage,
oversee, resource, or otherwise administer the DTS-PO.
``(b) Membership.--
``(1) Selection.--The Director of the Office of Management and
Budget shall designate from among the departments and agencies that
use the DTS Network--
``(A) four departments and agencies to each appoint one
voting member of the Governance Board from the personnel of
such departments and agencies; and
``(B) any other departments and agencies that the Director
considers appropriate to each appoint one nonvoting member of
the Governance Board from the personnel of such departments and
agencies.
``(2) Voting and nonvoting members.--The Governance Board shall
consist of voting members and nonvoting members as follows:
``(A) Voting members.--The voting members shall consist of
a Chair, who shall be designated by the Director of the Office
of Management and Budget, and the four members appointed by
departments and agencies designated under paragraph (1)(A).
``(B) Nonvoting members.--The nonvoting members shall
consist of the members appointed by departments and agencies
designated under paragraph (1)(B) and shall act in an advisory
capacity.
``(c) Chair Duties and Authorities.--The Chair of the Governance
Board shall--
``(1) preside over all meetings and deliberations of the
Governance Board;
``(2) provide the Secretariat functions of the Governance
Board; and
``(3) propose bylaws governing the operation of the Governance
Board.
``(d) Quorum, Decisions, Meetings.--A quorum of the Governance
Board shall consist of the presence of the Chair and four voting
members. The decisions of the Governance Board shall require a majority
of the voting membership. The Chair shall convene a meeting of the
Governance Board not less than four times each year to carry out the
functions of the Governance Board. The Chair or any voting member may
convene a meeting of the Governance Board.
``(e) Governance Board Duties.--The Governance Board shall have the
following duties with respect to the DTS-PO:
``(1) To approve and monitor the plans, services, priorities,
policies, and pricing methodology of the DTS-PO for bandwidth costs
and projects carried out at the request of a department or agency
that uses the DTS Network.
``(2) To provide to the DTS-PO Executive Agent the
recommendation of the Governance Board with respect to the
approval, disapproval, or modification of each annual budget
request for the DTS-PO, prior to the submission of any such request
by the Executive Agent.
``(3) To review the performance of the DTS-PO against plans
approved under paragraph (1) and the management activities and
internal controls of the DTS-PO.
``(4) To require from the DTS-PO any plans, reports, documents,
and records the Governance Board considers necessary to perform its
oversight responsibilities.
``(5) To conduct and evaluate independent audits of the DTS-PO.
``(6) To approve or disapprove the nomination of the Director
of the DTS-PO by the Executive Agent with a majority vote of the
Governance Board.
``(7) To recommend to the Executive Agent the replacement of
the Director of the DTS-PO with a majority vote of the Governance
Board.
``(f) National Security Interests.--The Governance Board shall
ensure that those enhancements of, and the provision of service for,
telecommunication capabilities that involve the national security
interests of the United States receive the highest prioritization.
``SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for the operations,
maintenance, development, enhancement, modernization, and investment
costs of the DTS Network and the DTS-PO. Funds appropriated for
allocation to the DTS-PO shall remain available to the DTS-PO for a
period of two fiscal years.
``(b) Fees.--The DTS-PO shall charge a department or agency that
uses the DTS Network for only those bandwidth costs attributable to
such department or agency and for specific projects carried out at the
request of such department or agency, pursuant to the pricing
methodology for such bandwidth costs and such projects approved under
section 322(e)(1), for which amounts have not been appropriated for
allocation to the DTS-PO. The DTS-PO is authorized to directly receive
payments from departments or agencies that use the DTS Network and to
invoice such departments or agencies for the fees under this section
either in advance of, or upon or after, providing the bandwidth or
performing such projects. Such funds received from such departments or
agencies shall remain available to the DTS-PO for a period of two
fiscal years.
``SEC. 324. DEFINITIONS.
``In this subtitle:
``(1) DTS network.--The term `DTS Network' means the worldwide
telecommunications network supporting all United States Government
agencies and departments operating from diplomatic and consular
facilities outside of the United States.
``(2) DTS-PO.--The term `DTS-PO' means the Diplomatic
Telecommunications Service Program Office.
``(3) Governance board.--The term `Governance Board' means the
Diplomatic Telecommunications Service Governance Board established
under section 322(a)(1).''.
(2) Table of contents amendment.--The table of contents in
section 1(b) of the Intelligence Authorization Act for Fiscal Year
2001 (Public Law 106-567; 114 Stat. 2831) is amended by striking
the items relating to sections 321, 322, 323, and 324 and inserting
the following new items:
``Sec. 321. Diplomatic Telecommunications Service Program Office.
``Sec. 322. Establishment of the Diplomatic Telecommunications Service
Governance Board.
``Sec. 323. Funding of the Diplomatic Telecommunications Service.
``Sec. 324. Definitions.''.
(b) Conforming Amendments.--
(1) Repeal of suspension of reorganization.--
(A) Repeal.--The Intelligence Authorization Act for Fiscal
Year 2002 (Public Law 107-108; 22 U.S.C. 7301 note) is amended
by striking section 311.
(B) Table of contents amendment.--The table of contents in
section 1 of such Act is amended by striking the item relating
to section 311.
(2) Repeal of reform.--
(A) Repeal.--The Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act; 113 Stat. 1501A-
405) is amended by striking section 305.
(B) Table of contents amendment.--The table of contents in
section 2(b) of such Act is amended by striking the item
related to section 305.
(3) Repeal of reporting requirements.--Section 507(b) of the
National Security Act of 1947 (50 U.S.C. 415b(b)), as amended by
section 351 of this Act, is further amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Foreign Intelligence and
Information Commission Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Foreign
Intelligence and Information Commission established in section
603(a).
(2) Foreign intelligence; intelligence.--The terms ``foreign
intelligence'' and ``intelligence'' have the meaning given those
terms in section 3 of the National Security Act of 1947 (50 U.S.C.
401a).
(3) Information.--The term ``information'' includes information
of relevance to the foreign policy of the United States collected
and conveyed through diplomatic reporting and other reporting by
personnel of the United States Government who are not employed by
an element of the intelligence community, including public and
open-source information.
SEC. 603. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.
(a) Establishment.--There is established in the legislative branch
a Foreign Intelligence and Information Commission.
(b) Purpose.--The purpose of the Commission is to evaluate systems
and processes at the strategic, interagency level and provide
recommendations accordingly, and not to seek to duplicate the functions
of the Director of National Intelligence.
(c) Functions.--The Commission shall--
(1) evaluate the current processes or systems for the strategic
integration of the intelligence community, including the Open
Source Center, and other elements of the United States Government,
including the Department of State, with regard to the collection,
reporting, and analysis of foreign intelligence and information;
(2) provide recommendations to improve or develop such
processes or systems to integrate the intelligence community with
other elements of the United States Government, potentially
including the development of an interagency strategy that
identifies--
(A) the collection, reporting, and analysis requirements of
the United States Government;
(B) the elements of the United States Government best
positioned to meet collection and reporting requirements, with
regard to missions, comparative institutional advantages, and
any other relevant factors; and
(C) interagency budget and resource allocations necessary
to achieve such collection, reporting, and analytical
requirements;
(3) evaluate the extent to which current intelligence
collection, reporting, and analysis strategies are intended to
provide global coverage and anticipate future threats, challenges,
and crises;
(4) provide recommendations on how to incorporate into the
interagency strategy the means to anticipate future threats,
challenges, and crises, including by identifying and supporting
collection, reporting, and analytical capabilities that are global
in scope and directed at emerging, long-term, and strategic
targets;
(5) provide recommendations on strategies for sustaining human
and budgetary resources to effect the global collection and
reporting missions identified in the interagency strategy,
including the prepositioning of collection and reporting
capabilities;
(6) provide recommendations for developing, clarifying, and, if
necessary, bolstering current and future collection and reporting
roles and capabilities of elements of the United States Government
that are not elements of the intelligence community deployed in
foreign countries;
(7) provide recommendations related to the role of individual
country missions in contributing to the interagency strategy;
(8) evaluate the extent to which the establishment of new
embassies and out-of-embassy posts are able to contribute to
expanded global coverage and increased collection and reporting and
provide recommendations related to the establishment of new
embassies and out-of-embassy posts;
(9) provide recommendations on executive or legislative changes
necessary to establish any new executive branch entity or to expand
the authorities of any existing executive branch entity, as needed
to improve the strategic integration referred to in paragraph (1)
and develop and oversee the implementation of any interagency
strategy;
(10) provide recommendations on processes for developing and
presenting to Congress budget requests for each relevant element of
the United States Government that reflect the allocations
identified in the interagency strategy and for congressional
oversight of the development and implementation of the strategy;
and
(11) provide recommendations on any institutional reforms
related to the collection and reporting roles of individual
elements of the United States Government outside the intelligence
community, as well as any budgetary, legislative, or other changes
needed to achieve such reforms.
SEC. 604. MEMBERS AND STAFF OF THE COMMISSION.
(a) Members of the Commission.--
(1) Appointment.--The Commission shall be composed of 10
members as follows:
(A) Two members appointed by the majority leader of the
Senate.
(B) Two members appointed by the minority leader of the
Senate.
(C) Two members appointed by the Speaker of the House of
Representatives.
(D) Two members appointed by the minority leader of the
House of Representatives.
(E) One nonvoting member appointed by the Director of
National Intelligence.
(F) One nonvoting member appointed by the Secretary of
State.
(2) Selection.--
(A) In general.--Members of the Commission shall be
individuals who--
(i) are not officers or employees of the United States
Government or any State or local government; and
(ii) have knowledge and experience--
(I) in foreign information and intelligence
collection, reporting, and analysis, including
clandestine collection and classified analysis (such as
experience in the intelligence community), diplomatic
reporting and analysis, and collection of public and
open-source information;
(II) in issues related to the national security and
foreign policy of the United States gained by serving
as a senior official of the Department of State, a
member of the Foreign Service, an employee or officer
of an appropriate department or agency of the United
States, or an independent organization with expertise
in the field of international affairs; or
(III) with foreign policy decision-making.
(B) Diversity of experience.--The individuals appointed to
the Commission should be selected with a view to establishing
diversity of experience with regard to various geographic
regions, functions, and issues.
(3) Consultation.--The Speaker and the minority leader of the
House of Representatives, the majority leader and the minority
leader of the Senate, the Director of National Intelligence, and
the Secretary of State shall consult among themselves prior to the
appointment of the members of the Commission in order to achieve,
to the maximum extent possible, fair and equitable representation
of various points of view with respect to the matters to be
considered by the Commission in accordance with this title.
(4) Time of appointment.--The appointments under subsection (a)
shall be made--
(A) after the date on which funds are first appropriated
for the Commission pursuant to section 609; and
(B) not later than 60 days after such date.
(5) Term of appointment.--Members shall be appointed for the
life of the Commission.
(6) Vacancies.--Any vacancy of the Commission shall not affect
the powers of the Commission and shall be filled in the manner in
which the original appointment was made.
(7) Chair.--The voting members of the Commission shall
designate one of the voting members to serve as the chair of the
Commission.
(8) Quorum.--Five voting members of the Commission shall
constitute a quorum for purposes of transacting the business of the
Commission.
(9) Meetings.--The Commission shall meet at the call of the
chair and shall meet regularly, not less than once every 3 months,
during the life of the Commission.
(b) Staff.--
(1) In general.--The chair of the Commission may, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service and chapter 51 and
subchapter III of chapter 53 of that title relating to
classification of positions and General Schedule pay rates, appoint
and terminate an executive director and, in consultation with the
executive director, appoint and terminate such other additional
personnel as may be necessary to enable the Commission to perform
its duties. In addition to the executive director and one full-time
support staff for the executive director, there shall be additional
staff with relevant intelligence and foreign policy experience to
support the work of the Commission.
(2) Selection of the executive director.--The executive
director shall be selected with the approval of a majority of the
voting members of the Commission.
(3) Compensation.--
(A) Executive director.--The executive director shall be
compensated at the maximum annual rate payable for an employee
of a standing committee of the Senate under section 105(e) of
the Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61-
1(e)), as adjusted by any order of the President pro tempore of
the Senate.
(B) Staff.--The chair of the Commission may fix the
compensation of other personnel of the Commission without
regard to chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay for
such personnel may not exceed the maximum annual rate payable
for an employee of a standing committee of the Senate under
section 105(e) of the Legislative Branch Appropriations Act,
1968 (2 U.S.C. 61-1(e)), as adjusted by any order of the
President pro tempore of the Senate.
(c) Experts and Consultants.--The Commission is authorized to
procure temporary or intermittent services of experts and consultants
as necessary to the extent authorized by section 3109 of title 5,
United States Code, at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable under
section 5376 of such title.
(d) Staff and Services of Other Agencies or Departments of the
United States.--Upon the request of the Commission, the head of a
department or agency of the United States may detail, on a reimbursable
or nonreimbursable basis, any of the personnel of that department or
agency to the Commission to assist the Commission in carrying out this
title. The detail of any such personnel shall be without interruption
or loss of civil service or Foreign Service status or privilege.
(e) Security Clearance.--The appropriate departments or agencies of
the United States shall cooperate with the Commission in expeditiously
providing to the members and staff of the Commission appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements.
(f) Reports Under Ethics in Government Act of 1978.--
Notwithstanding any other provision of law, for purposes of title I of
the Ethics in Government Act of 1978 (5 U.S.C. App.), each member and
staff of the Commission--
(1) shall be deemed to be an officer or employee of the
Congress (as defined in section 109(13) of such title); and
(2) shall file any report required to be filed by such member
or such staff (including by virtue of the application of paragraph
(1)) under title I of the Ethics in Government Act of 1978 (5
U.S.C. App.) with the Secretary of the Senate.
SEC. 605. POWERS AND DUTIES OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may hold such hearings,
sit and act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry out this
title.
(b) Information From Federal Agencies.--The Commission may secure
directly from any department or agency of the United States such
information as the Commission considers necessary to carry out this
title. Upon request of the chair of the Commission, the head of such
department or agency shall furnish such information to the Commission,
subject to applicable law.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as a department
or agency of the United States.
(d) Administrative Support.--The Administrator of the General
Services Administration shall provide to the Commission on a
reimbursable basis (or, in the discretion of the Administrator, on a
nonreimbursable basis) such administrative support services as the
Commission may request to carry out this title.
(e) Administrative Procedures.--The Commission may adopt such rules
and regulations, relating to administrative procedure, as may be
reasonably necessary to enable the Commission to carry out this title.
(f) Travel.--
(1) In general.--The members and staff of the Commission may,
with the approval of the Commission, conduct such travel as is
necessary to carry out this title.
(2) Expenses.--Members of the Commission shall serve without
pay but shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States Code,
while away from their homes or regular places of business in the
performance of services for the Commission.
(g) Gifts.--No member or staff of the Commission may receive a gift
or benefit by reason of the service of such member or staff to the
Commission.
SEC. 606. REPORT OF THE COMMISSION.
(a) In General.--
(1) Interim report.--Not later than 300 days after the date on
which all members of the Commission are appointed under section
604(a), the Commission shall submit to the congressional
intelligence committees an interim report setting forth the
preliminary evaluations and recommendations of the Commission
described in section 603(c).
(2) Final report.--Not later than 60 days after the date of the
submission of the report required by paragraph (1), the Commission
shall submit a final report setting forth the final evaluations and
recommendations of the Commission described in section 603(c) to
each of the following:
(A) The President.
(B) The Director of National Intelligence.
(C) The Secretary of State.
(D) The congressional intelligence committees.
(E) The Committee on Foreign Relations of the Senate.
(F) The Committee on Foreign Affairs of the House of
Representatives.
(b) Individual or Dissenting Views.--Each member of the Commission
may include that member's individual or dissenting views in a report
required by paragraph (1) or (2) of subsection (a).
(c) Form of Report.--The reports required by paragraphs (1) and (2)
of subsection (a), including any finding or recommendation of such
report, shall be submitted in unclassified form, but may include a
classified annex.
SEC. 607. TERMINATION.
(a) In General.--The Commission shall terminate on the date that is
60 days after the date of the submission of the report required by
section 606(a)(2).
(b) Transfer of Records.--Upon the termination of the Commission
under subsection (a), all records, files, documents, and other
materials in the possession, custody, or control of the Commission
shall be transferred to the Select Committee on Intelligence of the
Senate and deemed to be records of such Committee.
SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated such sums
as may be necessary to carry out this title.
(b) Availability.--Amounts made available to the Commission
pursuant to subsection (a) shall remain available until expended.
TITLE VII--OTHER MATTERS
SEC. 701. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES
INTELLIGENCE COMMUNITY.
(a) Extension.--
(1) In general.--Effective on the date on which funds are first
appropriated pursuant to subsection (b)(1) and subject to paragraph
(3), subsection (a) of section 1007 of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50
U.S.C. 401 note) is amended by striking ``September 1, 2004,'' and
inserting ``one year after the date on which all members of the
Commission are appointed pursuant to section 701(a)(3) of the
Intelligence Authorization Act for Fiscal Year 2010,''.
(2) Applicability of amendment.--The amendment made by
paragraph (1) shall take effect as if included in the enactment of
such section 1007.
(3) Commission membership.--The membership of the National
Commission for the Review of the Research and Development Programs
of the United States Intelligence Community established under
subsection (a) of section 1002 of such Act (Public Law 107-306; 50
U.S.C. 401 note) (referred to in this section as the
``Commission'') shall be considered vacant and new members shall be
appointed in accordance with such section 1002, as amended by this
section.
(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.--There is authorized to be appropriated such
sums as may be necessary to carry out this section.
(2) Availability.--Amounts made available to the Commission
pursuant to paragraph (1) shall remain available until expended.
(3) Repeal of existing funding authority.--Section 1010 of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 50 U.S.C. 401 note) is repealed.
(c) Technical Amendments.--
(1) Director of central intelligence.--The Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306) is
amended by striking ``Director of Central Intelligence'' each place
it appears and inserting ``Director of National Intelligence'' in
the following provisions:
(A) Section 1002(h)(2).
(B) Section 1003(d)(1).
(C) Section 1006(a)(1).
(D) Section 1006(b).
(E) Section 1007(a).
(F) Section 1008.
(2) Deputy director of central intelligence for community
management.--Paragraph (1) of section 1002(b) of such Act is
amended by striking ``The Deputy Director of Central Intelligence
for Community Management.'' and inserting ``The Principal Deputy
Director of National Intelligence.''.
SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH MATERIALS IN
THE POSSESSION OF THE CONGRESSIONAL INTELLIGENCE COMMITTEES.
The Director of National Intelligence is authorized to conduct, at
the request of one of the congressional intelligence committees and in
accordance with procedures established by that committee, a
classification review of materials in the possession of that committee
that--
(1) are not less than 25 years old; and
(2) were created, or provided to that committee, by an entity
in the executive branch.
TITLE VIII--TECHNICAL AMENDMENTS
SEC. 801. TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended--
(1) in section 101--
(A) in subsection (a), by moving paragraph (7) two ems to
the right; and
(B) by moving subsections (b) through (p) two ems to the
right;
(2) in section 103, by redesignating subsection (i) as
subsection (h);
(3) in section 109(a)--
(A) in paragraph (1), by striking ``section 112.;'' and
inserting ``section 112;''; and
(B) in paragraph (2), by striking the second period;
(4) in section 301(1), by striking ```United States''' and all
that follows through ``and `State''' and inserting ```United
States', `person', `weapon of mass destruction', and `State''';
(5) in section 304(b), by striking ``subsection (a)(3)'' and
inserting ``subsection (a)(2)''; and
(6) in section 502(a), by striking ``a annual'' and inserting
``an annual''.
SEC. 802. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY
ACT OF 1949.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended--
(1) in paragraph (1) of section 5(a), by striking ``authorized
under paragraphs (2) and (3) of section 102(a), subsections (c)(7)
and (d) of section 103, subsections (a) and (g) of section 104, and
section 303 of the National Security Act of 1947 (50 U.S.C.
403(a)(2), (3), 403-3(c)(7), (d), 403-4(a), (g), and 405)'' and
inserting ``authorized under section 104A of the National Security
Act of 1947 (50 U.S.C. 403-4a).''; and
(2) in section 17(d)(3)(B)--
(A) in clause (i), by striking ``advise'' and inserting
``advice''; and
(B) by amending clause (ii) to read as follows:
``(ii) holds or held the position in the Agency, including
such a position held on an acting basis, of--
``(I) Deputy Director;
``(II) Associate Deputy Director;
``(III) Director of the National Clandestine Service;
``(IV) Director of Intelligence;
``(V) Director of Support; or
``(VI) Director of Science and Technology.''.
SEC. 803. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE.
Section 528(c) of title 10, United States Code, is amended--
(1) in the heading, by striking ``Associate Director of CIA for
Military Affairs'' and inserting ``Associate Director of Military
Affairs, CIA''; and
(2) by striking ``Associate Director of the Central
Intelligence Agency for Military Affairs'' and inserting
``Associate Director of Military Affairs, Central Intelligence
Agency, or any successor position''.
SEC. 804. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF
1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended--
(1) in section 3(4)(L), by striking ``other'' the second place
it appears;
(2) in section 102A--
(A) in subsection (c)(3)(A), by striking ``annual budgets
for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities'' and inserting ``annual
budget for the Military Intelligence Program or any successor
program or programs'';
(B) in subsection (d)--
(i) in paragraph (1)(B), by striking ``Joint Military
Intelligence Program'' and inserting ``Military
Intelligence Program or any successor program or
programs'';
(ii) in paragraph (3) in the matter preceding
subparagraph (A), by striking ``subparagraph (A)'' and
inserting ``paragraph (1)(A)''; and
(iii) in paragraph (5)--
(I) in subparagraph (A), by striking ``or
personnel'' in the matter preceding clause (i); and
(II) in subparagraph (B), by striking ``or agency
involved'' in the second sentence and inserting
``involved or the Director of the Central Intelligence
Agency (in the case of the Central Intelligence
Agency)'';
(C) in subsection (l)(2)(B), by striking ``section'' and
inserting ``paragraph''; and
(D) in subsection (n), by inserting ``and Other'' after
``Acquisition'';
(3) in section 103(b), by striking ``, the National Security
Act of 1947 (50 U.S.C. 401 et seq.),'';
(4) in section 104A(g)(1) in the matter preceding subparagraph
(A), by striking ``Directorate of Operations'' and inserting
``National Clandestine Service'';
(5) in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)'';
(6) in section 701(b)(1), by striking ``Directorate of
Operations'' and inserting ``National Clandestine Service'';
(7) in section 705(e)(2)(D)(i) (50 U.S.C. 432c(e)(2)(D)(i)), by
striking ``responsible'' and inserting ``responsive''; and
(8) in section 1003(h)(2) in the matter preceding subparagraph
(A), by striking ``subsection (i)(2)(B)'' and inserting
``subsection (g)(2)(B)''.
SEC. 805. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL
INTELLIGENCE PROGRAM.
(a) In General.--Subsection (a) of section 1403 of the National
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is
amended--
(1) in the heading, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of Director of National Intelligence.--Such
section 1403, as amended by subsection (a), is further amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Future-Years Defense Program.--Subsection (c) of such section
1403, as amended by subsection (b), is further amended by striking
``multiyear defense program submitted pursuant to section 114a of title
10, United States Code'' and inserting ``future-years defense program
submitted pursuant to section 221 of title 10, United States Code''.
(d) Conforming Amendments.--
(1) In general.--The heading of such section 1403 is amended to
read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
(2) Table of contents amendment.--The table of contents in
section 2 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1485) is amended by striking
the item relating to section 1403 and inserting the following new
item:
``Sec. 1403. Multiyear National Intelligence Program.''.
SEC. 806. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) Amendments to the National Security Intelligence Reform Act of
2004.--The National Security Intelligence Reform Act of 2004 (title I
of Public Law 108-458; 118 Stat. 3643) is amended--
(1) in subparagraph (B) of section 1016(e)(10) (6 U.S.C.
485(e)(10)), by striking ``Attorney General'' the second place it
appears and inserting ``Department of Justice'';
(2) in subsection (e) of section 1071, by striking ``(1)''; and
(3) in subsection (b) of section 1072, in the subsection
heading by inserting ``Agency'' after ``Intelligence''.
(b) Other Amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638) is
amended--
(1) in section 2001 (28 U.S.C. 532 note)--
(A) in paragraph (1) of subsection (c)--
(i) by striking ``shall,'' and inserting ``shall''; and
(ii) by inserting ``of'' before ``an institutional
culture'';
(B) in paragraph (2) of subsection (e), by striking ``the
National Intelligence Director in a manner consistent with
section 112(e)'' and inserting ``the Director of National
Intelligence in a manner consistent with applicable law''; and
(C) in subsection (f), by striking ``shall,'' in the matter
preceding paragraph (1) and inserting ``shall''; and
(2) in section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking ``the Federal'' and
inserting ``Federal''; and
(B) in paragraph (3), by striking ``the specific'' and
inserting ``specific''.
SEC. 807. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by striking the item relating to the Director
of Central Intelligence and inserting the following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by striking the item relating to the General
Counsel of the Office of the National Intelligence Director and
inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 808. TECHNICAL AMENDMENTS TO SECTION 105 OF THE INTELLIGENCE
AUTHORIZATION ACT FOR FISCAL YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is
amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
SEC. 809. TECHNICAL AMENDMENTS TO SECTION 602 OF THE INTELLIGENCE
AUTHORIZATION ACT FOR FISCAL YEAR 1995.
Section 602 of the Intelligence Authorization Act for Fiscal Year
1995 (50 U.S.C. 403-2b) is amended--
(1) in subsection (a), in paragraph (2), by striking ``Director
of Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(ii) in subparagraph (B), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(C) in paragraph (3), by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central
Intelligence Agency''.
SEC. 810. TECHNICAL AMENDMENTS TO SECTION 403 OF THE INTELLIGENCE
AUTHORIZATION ACT, FISCAL YEAR 1992.
(a) Role of the Director of National Intelligence.--Section 403 of
the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 403-2)
is amended by striking ``The Director of Central Intelligence'' and
inserting the following:
``(a) In General.--The Director of National Intelligence''.
(b) Definition of Intelligence Community.--Section 403 of the
Intelligence Authorization Act, Fiscal Year 1992, as amended by
subsection (a), is further amended--
(1) by striking ``Intelligence Community'' and inserting
``intelligence community''; and
(2) by striking the second sentence and inserting the
following:
``(b) Intelligence Community Defined.--In this section, the term
`intelligence community' has the meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.