S 2996
Calendar No. 730
110th CONGRESS
2d Session
S. 2996
[Report No. 110-333]
To authorize appropriations for fiscal year 2009 for intelligence
and intelligence-related activities of the United States Government,
the Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 8, 2008
Mr. ROCKEFELLER from the Select Committee on Intelligence, reported
the following original bill; which was read twice and placed on the
calendar
A BILL
To authorize appropriations for fiscal year 2009 for intelligence
and intelligence-related activities of the United States Government,
the Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Intelligence Authorization
Act for Fiscal Year 2009'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel level adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision
of the Central Intelligence Agency Retirement Act.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized
by law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements
of the intelligence community.
Sec. 303. Enhancement of authority of the Director of National Intelligence
for flexible personnel management among the elements of the intelligence
community.
Sec. 304. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 305. Annual personnel level assessments for the intelligence
community.
Subtitle B--Acquisition Matters
Sec. 311. Reports on the acquisition of major systems.
Sec. 312. Vulnerability assessments of major systems.
Sec. 313. Intelligence community business system modernization.
Sec. 314. Excessive cost growth of major systems.
Sec. 315. Prohibition on conflicts of interest in intelligence community
contracting.
Sec. 316. Future budget projections.
Subtitle C--Interrogation and Detention Related Matters
Sec. 321. Limitation on interrogation techniques.
Sec. 322. Prohibition on interrogations by contractors.
Sec. 323. Notification of the International Committee of the Red Cross.
Sec. 324. Report on compliance with the Detainee Treatment Act of
2005 and related provisions of the Military Commissions Act of 2006.
Subtitle D--Reporting Requirements
Sec. 331. Report on use of contractors by elements of the intelligence
community.
Sec. 332. Improvement of notification of Congress regarding intelligence
activities of the United States.
Sec. 333. Federal Bureau of Investigation intelligence transformation.
Sec. 334. Incorporation of reporting requirements.
Sec. 335. Repeal of certain reporting requirements.
Subtitle E--Other Matters
Sec. 341. Restriction on conduct of intelligence activities.
Sec. 342. Clarification of definition of intelligence community under
the National Security Act of 1947.
Sec. 343. Modification of availability of funds for different intelligence
activities.
Sec. 344. Additional limitation on availability of funds for intelligence
and intelligence-related activities.
Sec. 345. Limitation on reprogrammings and transfers of funds.
Sec. 346. Availability to public of certain intelligence funding information.
Sec. 347. Increase in penalties for disclosure of undercover intelligence
officers and agents.
Sec. 348. Authority to designate undercover operations to collect
foreign intelligence or counterintelligence.
Sec. 349. Language and intelligence analyst training program.
Sec. 350. Extension of authority to delete information about receipt
and disposition of foreign gifts and decorations.
Sec. 351. Extension of National Commission for the Review of the Research
and Development Programs of the United States Intelligence Community.
Sec. 352. Clarifying amendments relating to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004.
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. Modification of limitation on delegation by the Director
of National Intelligence of the protection of intelligence sources
and methods.
Sec. 404. Authorities of the Director of National Intelligence for
interagency funding.
Sec. 405. Clarification of limitation on colocation of the Office
of the Director of National Intelligence.
Sec. 406. Title of Chief Information Officer of the Intelligence Community.
Sec. 407. Inspector General of the Intelligence Community.
Sec. 408. Chief Financial Officer of the Intelligence Community.
Sec. 409. Leadership and location of certain offices and officials.
Sec. 410. National Space Intelligence Office.
Sec. 411. Operational files in the Office of the Director of National
Intelligence.
Sec. 412. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 413. Director of National Intelligence report on retirement benefits
for former employees of Air America.
Sec. 414. Repeal of certain authorities relating to the Office of
the National Counterintelligence Executive.
Sec. 415. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director of National Intelligence.
Sec. 416. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of National Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 421. Inapplicability to Director of the Central Intelligence
Agency of requirement for annual report on progress in auditable financial
statements.
Sec. 422. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 423. Technical amendments relating to titles of certain Central
Intelligence Agency positions.
Subtitle C--Defense Intelligence Components
Sec. 431. Enhancement of National Security Agency training program.
Sec. 432. Codification of authorities of National Security Agency
protective personnel.
Sec. 433. Inspector general matters.
Sec. 434. Confirmation of appointment of heads of certain components
of the intelligence community.
Sec. 435. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis and dissemination of certain
intelligence information.
Subtitle D--Other Elements
Sec. 441. Clarification of inclusion of Coast Guard and Drug Enforcement
Administration as elements of the intelligence community.
TITLE V--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION
Sec. 504. Establishment and functions of the Commission.
Sec. 505. Members and staff of the Commission.
Sec. 506. Powers and duties of the Commission.
Sec. 507. Report of the Commission.
Sec. 509. Nonapplicability of Federal Advisory Committee Act.
TITLE VI--TECHNICAL AMENDMENTS
Sec. 601. Technical amendment to the Central Intelligence Agency Act
of 1949.
Sec. 602. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 603. Technical clarification of certain references to Joint Military
Intelligence Program and Tactical Intelligence and Related Activities.
Sec. 604. Technical amendments to the National Security Act of 1947.
Sec. 605. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 606. Technical amendments to the Executive Schedule.
SEC. 2. DEFINITIONS.
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES- The term `congressional
intelligence committees' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the House
of Representatives.
(2) INTELLIGENCE COMMUNITY- The term `intelligence community' has
the meaning given that term in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy, and the
Department of the Air Force.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels- The amounts authorized
to be appropriated under section 101 and, subject to section 103, the
authorized personnel levels as of September 30, 2009, for the conduct
of the intelligence activities of the elements listed in paragraphs
(1) through (16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany the conference report
on the bill XXXXXXXX of the One Hundred Tenth Congress.
(b) Availability of Classified Schedule of Authorizations- The classified
Schedule of Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the Committee
on Appropriations of the House of Representatives, and to the President.
The President shall provide for suitable distribution of the Schedule,
or of appropriate portions of the Schedule, within the executive branch.
SEC. 103. PERSONNEL LEVEL ADJUSTMENTS.
(a) Authority for Increases- With the approval of the Director of the
Office of Management and Budget, the Director of National Intelligence
may authorize employment of civilian personnel in excess of the number
authorized for fiscal year 2009 by the classified Schedule of Authorizations
referred to in section 102(a) if the Director of National Intelligence
determines that such action is necessary to the performance of important
intelligence functions, except that the number of personnel employed
in excess of the number authorized under such section may not, for any
element of the intelligence community, exceed 5 percent of the number
of civilian personnel authorized under such section for such element.
(b) Transition to Full-Time Equivalency-
(1) TREATMENT FOR FISCAL YEAR 2009- For fiscal year 2009, the Director
of National Intelligence, in consultation with the head of each element
of the intelligence community, may treat the personnel ceilings authorized
under the classified Schedule of Authorizations referred to in section
102(a) as full-time equivalents.
(2) CONSIDERATION- In exercising the authority described in paragraph
(1), the Director of National Intelligence may consider the circumstances
under which civilian employees are employed and accounted for at each
element of the intelligence community in--
(A) a student program, trainee program, or similar program;
(B) reserve corps or equivalent status as a reemployed annuitant
or other employee;
(C) a joint duty rotational assignment; or
(D) other full-time or part-time status.
(3) NOTIFICATION TO CONGRESS- Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence
shall notify the congressional intelligence committees in writing
of--
(A) the policies for implementing the authorities described in paragraphs
(1) and (2); and
(B) the number of all civilian personnel employed by, or anticipated
to be employed by, each element of the intelligence community during
fiscal year 2009 accounted for--
(ii) by full-time equivalency; or
(iii) by any other method.
(4) TREATMENT FOR FISCAL YEAR 2010- The Director of National Intelligence
shall express the personnel levels for all civilian employees for
each element of the intelligence community in the congressional budget
justifications submitted for fiscal year 2010 as full-time equivalent
positions.
(c) Authority for Conversion of Activities Performed by Contractors-
(1) IN GENERAL- In addition to the authority in subsection (a) and
subject to paragraph (2), if the head of an element of the intelligence
community makes a determination that activities currently being performed
by contractor employees should be performed by employees of such element,
the Director of National Intelligence may authorize for that purpose
employment of additional full-time equivalent personnel in such element
equal to the number of full-time equivalent contractor employees performing
such activities.
(2) CONCURRENCE AND APPROVAL- The authority described in paragraph
(1) may not be exercised unless the Director of National Intelligence
concurs with the determination described in such paragraph and the
Director of the Office of Management and Budget approves such determination.
(d) Notice to Congressional Intelligence Committees- The Director of
National Intelligence shall notify the congressional intelligence committees
in writing at least 15 days prior to each exercise of an authority described
in subsection (a) or (b).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations- There is authorized to be appropriated
for the Intelligence Community Management Account of the Director of
National Intelligence for fiscal year 2009 the sum of $696,742,000.
(b) Authorized Personnel Levels- The elements within the Intelligence
Community Management Account of the Director of National Intelligence
are authorized 944 full-time or full-time equivalent personnel as of
September 30, 2009. Personnel serving in such elements may be permanent
employees of the Office of the Director of National Intelligence or
personnel detailed from other elements of the United States Government.
(c) Construction of Authorities- The Director of National Intelligence
may use the authorities described in subsections (a) and (c) of section
103 for the adjustment of personnel levels within the Intelligence Community
Management Account.
(d) Classified Authorizations-
(1) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized
to be appropriated for the Intelligence Community Management Account
by subsection (a), there are authorized to be appropriated for the
Community Management Account for fiscal year 2009 such additional
amounts as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September 30,
2010.
(2) AUTHORIZATION OF PERSONNEL- In addition to the personnel authorized
by subsection (b) for elements of the Intelligence Community Management
Account as of September 30, 2009, there are authorized such additional
personnel for the Community Management Account as of that date as
are specified in the classified Schedule of Authorizations referred
to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2009 the sum of
$279,200,000.
SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION
OF THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
Subparagraph (A) of section 235(b)(1) of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2055(b)(1)) is amended by striking `receiving
compensation under the Senior Intelligence Service pay schedule at the
rate' and inserting `who is at the Senior Intelligence Service rank'.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED
BY LAW.
Appropriations authorized by this Act for salary, pay, retirement, and
other benefits for employees of an agency or department of the United
States may be increased by such additional or supplemental amounts as
may be necessary for increases in such compensation or benefits authorized
by law.
SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO ELEMENTS
OF THE INTELLIGENCE COMMUNITY.
Except as provided in section 113 of the National Security Act of 1947
(50 U.S.C. 404h) and section 904(g)(2) of the Counterintelligence Enhancement
Act of 2002 (title IX of Public Law 107-306; 50 U.S.C. 402c(g)(2)) and
notwithstanding any other provision of law, in any fiscal year after
fiscal year 2008 an officer or employee of the United States or member
of the Armed Forces may be detailed to the staff of an element of the
intelligence community funded through the Community Management Account
from another element of the United States Government on a reimbursable
or nonreimbursable basis, as jointly agreed to by the Director of National
Intelligence and the head of the detailing element for a period not
to exceed 3 years.
SEC. 303. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE
FOR FLEXIBLE PERSONNEL MANAGEMENT AMONG THE ELEMENTS OF THE INTELLIGENCE
COMMUNITY.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsections:
`(s) Authority To Establish Positions in Excepted Service- (1) The Director
of National Intelligence may, with the concurrence of the head of the
department or agency concerned and in coordination with the Director
of the Office of Personnel Management--
`(A) convert competitive service positions, and the incumbents of
such positions, within an element of the intelligence community to
excepted service positions as the Director of National Intelligence
determines necessary to carry out the intelligence functions of such
element; and
`(B) establish the classification and ranges of rates of basic pay
for positions so converted, notwithstanding otherwise applicable laws
governing the classification and rates of basic pay for such positions.
`(2)(A) At the request of the Director of National Intelligence, the
head of a department or agency may establish new positions in the excepted
service within an element of such department or agency that is part
of the intelligence community if the Director determines that such positions
are necessary to carry out the intelligence functions of such element.
`(B) The Director of National Intelligence may establish the classification
and ranges of rates of basic pay for any position established under
subparagraph (A), notwithstanding otherwise applicable laws governing
the classification and rates of basic pay for such positions.
`(3) The head of the department or agency concerned is authorized to
appoint individuals for service in positions converted under paragraph
(1) or established under paragraph (2) without regard to the provisions
of chapter 33 of title 5, United States Code, governing appointments
in the competitive service, and to fix the compensation of such individuals
within the applicable ranges of rates of basic pay established by the
Director of National Intelligence.
`(4) The maximum rate of basic pay established under this subsection
is the rate for level III of the Executive Schedule under section 5314
of title 5, United States Code.
`(t) Pay Authority for Critical Positions- (1) Notwithstanding any pay
limitation established under any other provision of law applicable to
employees in elements of the intelligence community, the Director of
National Intelligence may, in consultation with the Director of the
Office of Personnel Management and the Director of the Office of Management
and Budget, grant authority to fix the rate of basic pay for 1 or more
positions within the intelligence community at a rate in excess of any
applicable limitation, subject to the provisions of this subsection.
The exercise of authority so granted is at the discretion of the head
of the department or agency employing the individual in a position covered
by such authority, subject to the provisions of this subsection and
any conditions established by the Director of National Intelligence
when granting such authority.
`(2) Authority under this subsection may be granted or exercised only--
`(A) with respect to a position which requires an extremely high level
of expertise and is critical to successful accomplishment of an important
mission; and
`(B) to the extent necessary to recruit or retain an individual exceptionally
well qualified for the position.
`(3) A rate of basic pay may not be fixed under this subsection at a
rate greater than the rate payable for level II of the Executive Schedule
under section 5313 of title 5, United States Code, except upon written
approval of the Director of National Intelligence or as otherwise authorized
by law.
`(4) A rate of basic pay may not be fixed under this subsection at a
rate greater than the rate payable for level I of the Executive Schedule
under section 5312 of title 5, United States Code, except upon written
approval of the President in response to a request by the Director of
National Intelligence or as otherwise authorized by law.
`(5) Any grant of authority under this subsection for a position shall
terminate at the discretion of the Director of National Intelligence.
`(u) Extension of Flexible Personnel Management Authorities- (1) Notwithstanding
any other provision of law, in order to ensure the equitable treatment
of employees across the intelligence community, the Director of National
Intelligence may, with the concurrence of the head of the department
or agency concerned, or for those matters that fall under the responsibilities
of the Office of Personnel Management under statute or executive order,
in coordination with the Director of the Office of Personnel Management,
authorize 1 or more elements of the intelligence community to adopt
compensation authority, performance management authority, and scholarship
authority that have been authorized for another element of the intelligence
community if the Director of National Intelligence--
`(A) determines that the adoption of such authority would improve
the management and performance of the intelligence community; and
`(B) submits to the congressional intelligence committees, not later
than 60 days before such authority is to take effect, notice of the
adoption of such authority by such element or elements, including
the authority to be so adopted, and an estimate of the costs associated
with the adoption of such authority.
`(2) To the extent that an existing compensation authority within the
intelligence community is limited to a particular category of employees
or a particular situation, the authority may be adopted in another element
of the intelligence community under this subsection only for employees
in an equivalent category or in an equivalent situation.
`(3) In this subsection, the term `compensation authority' means authority
involving basic pay (including position classification), premium pay,
awards, bonuses, incentives, allowances, differentials, student loan
repayments, and special payments, but does not include authorities as
follows:
`(A) Authorities related to benefits such as leave, severance pay,
retirement, and insurance.
`(B) Authority to grant a rank award by the President under section
4507, 4507a, or 3151(c) of title 5, United States Code, or any other
provision of law.
`(C) Compensation authorities and performance management authorities
provided under provisions of law relating to the Senior Executive
Service.'.
SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR
INTELLIGENCE COLLECTION PERSONNEL.
(a) Delegation of Authority- Section 116(b) of the National Security
Act of 1947 (50 U.S.C. 404k(b)) is amended--
(1) by inserting `(1)' before `The Director';
(2) in paragraph (1), as designated by paragraph (1) of this subsection,
by striking `may only delegate' and all that follows and inserting
`may delegate the authority in subsection (a) to the head of any other
element of the intelligence community'; and
(3) by adding at the end the following new paragraph:
`(2) The head of an element of the intelligence community to whom the
authority in subsection (a) is delegated pursuant to paragraph (1) may
further delegate such authority to senior officials of such element
as are specified in guidelines prescribed by the Director of National
Intelligence for purposes of this paragraph.'.
(b) Submission of Guidelines to Congress- Not later than 6 months after
the date of the enactment of this Act, the Director of National Intelligence
shall prescribe and submit to the congressional intelligence committees
the guidelines referred to in paragraph (2) of section 116(b) of the
National Security Act of 1947, as added by subsection (a).
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
(a) In General- Title V of the National Security Act of 1947 (50 U.S.C.
413 et seq.) is amended by inserting after section 506A the following
new section:
`SEC. 506B. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
`(a) Requirement To Provide- The Director of National Intelligence shall,
in consultation with the head of the element of the intelligence community
concerned, prepare an annual personnel level assessment for such element
of the intelligence community that assesses the personnel levels for
each such element for the fiscal year following the fiscal year in which
the assessment is submitted.
`(b) Schedule- Each assessment required by subsection (a) shall be submitted
to the congressional intelligence committees each year along with the
budget submitted by the President under section 1105 of title 31, United
States Code.
`(c) Contents- Each assessment required by subsection (a) submitted
during a fiscal year shall contain, at a minimum, the following information
for the element of the intelligence community concerned:
`(1) The budget submission for personnel costs for the upcoming fiscal
year.
`(2) The dollar and percentage increase or decrease of such costs
as compared to the personnel costs of the current fiscal year.
`(3) The dollar and percentage increase or decrease of such costs
as compared to the personnel costs during the prior 5 fiscal years.
`(4) The number of personnel positions requested for the upcoming
fiscal year.
`(5) The numerical and percentage increase or decrease of such number
as compared to the number of personnel positions of the current fiscal
year.
`(6) The numerical and percentage increase or decrease of such number
as compared to the number of personnel positions during the prior
5 fiscal years.
`(7) The best estimate of the number and costs of contractors to be
funded by the element for the upcoming fiscal year.
`(8) The numerical and percentage increase or decrease of such costs
of contractors as compared to the best estimate of the costs of contractors
of the current fiscal year.
`(9) A written justification for the requested personnel and contractor
levels.
`(10) The number of intelligence collectors and analysts employed
or contracted by each element of the intelligence community.
`(11) A list of all contractors that have been the subject of an investigation
completed by the Inspector General of any element of the intelligence
community during the preceding fiscal year, or are or have been the
subject of an investigation by such an Inspector General during the
current fiscal year.
`(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 contractor levels;
`(B) training resources to support the requested personnel levels;
and
`(C) funding to support the administrative and operational activities
of the requested personnel levels.'.
(b) Clerical Amendment- The table of contents in the first section of
that Act is amended by inserting after the item relating to section
506A the following new item:
`Sec. 506B. Annual personnel levels assessment for the intelligence
community.'.
Subtitle B--Acquisition Matters
SEC. 311. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
(a) Content of Reports- Clause (ii) of section 102A(q)(C) (50 U.S.C.
403-1(q)(C)) of the National Security Act of 1947 is amended by striking
the period at the end and inserting `that includes--'
`(I) the current total acquisition cost for such system, and the
history of such cost from the date the system was first included
in a report under this clause to the end of the calendar quarter
immediately proceeding the submittal of the report;
`(II) the current development schedule for such system, including
an estimate of annual development costs until development is completed;
`(III) the planned procurement schedule for such system, including
the best estimate of the Director of National Intelligence of
the annual costs and units to be procured until procurement is
completed;
`(IV) a full life-cycle cost analysis for such system;
`(V) the result of any significant test and evaluation of such
system as of the date of the submittal of the report, or, if a
significant test and evaluation has not been conducted, a statement
of the reasons therefor and the results of any other test and
evaluation that has been conducted of such system;
`(VI) the reasons for any change in acquisition cost, or schedule,
for such system from the previous report under this clause, if
applicable;
`(VII) each major contract related to such system; and
`(VIII) if there is any cost or schedule variance under a contract
referred to in subclause (VII) since the previous report under
this clause, the reasons for such cost or schedule variance.'.
(b) Determination of Increase in Costs- Subsection (q) of section 102A
of the National Security Act of 1947 (50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraph (4) and (5),
respectively; and
(2) by inserting after paragraph (2) the following:
`(3) Any determination of a percentage increase in the acquisition costs
of a major system for which a report is filed under paragraph (1)(C)(ii)
shall be stated in terms of constant dollars from the first fiscal year
in which funds are appropriated for such system.'.
(c) Definitions- Paragraph (5) of such subsection (q), as redesignated
by subsection (b)(1) of this section, is amended to read as follows:
`(A) The term `acquisition cost', with respect to a major system,
means the amount equal to the total cost for development and procurement
of, and system-specific construction for, such system.
`(B) The term `full life-cycle cost', with respect to the acquisition
of a major system, means all costs of development, procurement, construction,
deployment, and operation and support for such program, without regard
to funding source or management control, including costs of development
and procurement required to support or utilize such system.
`(C) The term `intelligence program', with respect to the acquisition
of a major system, means a program that--
`(i) is carried out to acquire such major system for an element
of the intelligence community; and
`(ii) is funded in whole out of amounts available for the National
Intelligence Program.
`(D) The term `major contract,' with respect to a major system acquisition,
means each of the 6 largest prime, subordinate, or government-furnished
equipment contracts under the program that is in excess of $40,000,000
and that is not a firm, fixed price contract.
`(E) The term `major system' has the meaning given that term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
`(F) The term `significant test and evaluation' means the functional
or environmental testing of a major system or of the subsystems that
combine to create a major system.'.
SEC. 312. VULNERABILITY ASSESSMENTS OF 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 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- The Director of National
Intelligence shall conduct an initial vulnerability assessment for any
major system and its significant items of supply that is proposed for
inclusion in the National Intelligence Program prior to completion of
Milestone B or an equivalent acquisition decision. The initial vulnerability
assessment of a major system and its significant items of supply shall,
at a minimum, use an analysis-based approach to--
`(1) identify vulnerabilities;
`(2) define exploitation potential;
`(3) examine the system's potential effectiveness;
`(4) determine overall vulnerability; and
`(5) make recommendations for risk reduction.
`(b) Subsequent Vulnerability Assessments- (1) The Director of National
Intelligence shall conduct subsequent vulnerability assessments of each
major system and its significant items of supply within the National
Intelligence Program--
`(A) periodically throughout the life span of the major system;
`(B) whenever the Director determines that a change in circumstances
warrants the issuance of a subsequent vulnerability assessment; or
`(C) upon the request of a congressional intelligence committee.
`(2) Any subsequent vulnerability assessment of a major system and its
significant items of supply shall, at a minimum, use 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 paragraphs (1) through (5) of subsection (a).
`(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 annual
consolidated 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) not later
than 10 days after the date of the completion of such assessment.
`(2) The Director of National Intelligence shall provide the congressional
intelligence committees with a proposed schedule for subsequent vulnerability
assessments of a major system under subsection (b) when providing such
committees with the initial vulnerability assessment under subsection
(a) of such system as required by subsection (d).
`(3) The results of vulnerability assessments conducted under subsection
(b) shall be included in the report to Congress required by section
102A(q).
`(e) Definitions- In this section:
`(1) The term `items of supply'--
`(A) means any individual part, component, subassembly, assembly,
or subsystem integral to a major system, and other property which
may be replaced during the service life of the major system, including
spare parts and replenishment parts; and
`(B) does not include packaging or labeling associated with shipment
or identification of items.
`(2) The term `major system' has the meaning given that term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
`(3) The term `Milestone B' means a decision to enter into system
development, integration, and demonstration pursuant to guidance prescribed
by the Director of National Intelligence.
`(4) The term `vulnerability assessment' means the process of identifying
and quantifying vulnerabilities in a major system and its significant
items of supply.'.
(b) Clerical Amendment- The table of contents in the first section of
the National Security Act of 1947, as amended by section 305 of this
Act, is further amended by inserting after the item relating to section
506B, as added by section 305(b), the following:
`Sec. 506C. Vulnerability assessments of major systems.'.
SEC. 313. INTELLIGENCE COMMUNITY BUSINESS SYSTEM MODERNIZATION.
(a) Intelligence Community Business System Modernization-
(1) IN GENERAL- Title V of the National Security Act of 1947 (50 U.S.C.
413 et seq.), as amended by sections 305 and 312 of this Act, is further
amended by inserting after section 506C, as added by section 312(a),
the following new section:
`INTELLIGENCE COMMUNITY BUSINESS SYSTEMS MODERNIZATION
`Sec. 506D. (a) Limitation on Obligation of Funds- (1) After April 1,
2009, no funds appropriated to any element of the intelligence community
may be obligated for an intelligence community financial management
or human resources business system modernization described in paragraph
(2), and after April 1, 2010, no funds appropriated to any element of
the intelligence community may be obligated for any business system
modernization described in paragraph (2) unless--
`(A) the approval authority designated by the Director of National
Intelligence under subsection (c)(2) makes the certification described
in paragraph (3) with respect to the intelligence community business
system modernization; and
`(B) the certification is approved by the appropriate authorities
within the intelligence community Strategic Enterprise Management
governance structure identified in subsection (f).
`(2) An intelligence community business system modernization described
in this paragraph is an intelligence community business system modernization
that--
`(A) will have a total cost in excess of $1,000,000; and
`(B) will receive more than 50 percent of the funds for such cost
from amounts appropriated for the National Intelligence Program.
`(3) The certification described in this paragraph for an intelligence
community business system modernization is a certification, made by
the approval authority designated by the Director under subsection (c)(2)
that the intelligence community business system modernization--
`(A) complies with the enterprise architecture under subsection (b);
or
`(i) to achieve a critical national security capability or address
a critical requirement in an area such as safety or security; or
`(ii) to prevent a significant adverse effect on a project that
is needed to achieve an essential capability, taking into consideration
the alternative solutions for preventing such adverse effect.
`(4) The obligation of funds for an intelligence community business
system modernization that does not comply with the requirements of this
subsection shall be treated as a violation of section 1341(a)(1)(A)
of title 31, United States Code.
`(b) Enterprise Architecture for Intelligence Community Business Systems-
(1) The Director of National Intelligence shall, acting through the
appropriate authorities within the intelligence community Strategic
Enterprise Management governance structure identified in subsection
(f), develop and implement an enterprise architecture to cover all intelligence
community business systems, and the functions and activities supported
by such business systems. The enterprise architecture shall be sufficiently
defined to effectively guide, constrain, and permit implementation of
interoperable intelligence community business system solutions, consistent
with applicable policies and procedures established by the Director
of the Office of Management and Budget.
`(2) The enterprise architecture under paragraph (1) shall include the
following:
`(A) An information infrastructure that, at a minimum, will enable
the intelligence community to--
`(i) comply with all Federal accounting, financial management, and
reporting requirements;
`(ii) routinely produce timely, accurate, and reliable financial
information for management purposes;
`(iii) integrate budget, accounting, and program information and
systems; and
`(iv) provide for the systematic 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 Modernization-
(1) The Director of National Intelligence shall be responsible for review,
approval, and oversight of the planning, design, acquisition, deployment,
operation, and maintenance of an intelligence community business system
modernization if more than 50 percent of the cost of the intelligence
community business system modernization is funded by amounts appropriated
for the National Intelligence Program.
`(2) The Director shall designate 1 or more appropriate officials of
the intelligence community to be responsible for making certifications
with respect to intelligence community business system modernizations
under subsection (a)(3).
`(d) Intelligence Community Business System Investment Review- (1) The
approval authority designated under subsection (c)(2) shall establish
and implement, not later than March 31, 2009, an investment review process
for the review of the planning, design, acquisition, development, deployment,
operation, maintenance, modernization, project cost, benefits, and risks
of the intelligence community business systems for which the approval
authority is responsible.
`(2) The investment review process under paragraph (1) shall--
`(A) meet the requirements of section 11312 of title 40, United States
Code; and
`(B) specifically set forth the responsibilities of the approval authority
under such review process.
`(3) The investment review process under paragraph (1) shall include
the following elements:
`(A) Review and approval by an investment review board (consisting
of appropriate representatives of the intelligence community) of each
intelligence community business system as an investment before the
obligation of funds for such system.
`(B) Periodic review, but not less often than annually, of every intelligence
community business system investment.
`(C) Thresholds for levels of review to ensure appropriate review
of intelligence community business system investments depending on
the scope, complexity, and cost of the system involved.
`(D) Procedures for making certifications in accordance with the requirements
of subsection (a)(3).
`(E) Mechanisms to ensure the consistency of the investment review
process with applicable guidance issued by the Director of National
Intelligence and the appropriate authorities within the intelligence
community Strategic Enterprise Management governance structure identified
in subsection (f).
`(F) Common decision criteria, including standards, requirements,
and priorities, for purposes of ensuring the integration of intelligence
community business systems.
`(e) Budget Information- For each fiscal year after fiscal year 2009,
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;
and
`(B) funds for business systems modernization identified for each
specific appropriation.
`(3) For each such system, identification of approval authority designated
for such system under subsection (c)(2).
`(4) The certification, if any, made under subsection (a)(3) with
respect to each such system.
`(f) Intelligence Community Strategic Enterprise Management Governance
Board-
`(1) The Director of National Intelligence shall establish a board
within the intelligence community Strategic Enterprise Management
governance structure (in this subsection referred to as the `Board').
`(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) be responsible for coordinating initiatives for intelligence
community business system modernization 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 modernization;
`(E) ensure that funds are obligated for intelligence community business
system modernization 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) Relation to Defense Business Systems Architecture, Accountability,
and Modernization Requirements- An intelligence community business system
that receives more than 50 percent of its funds from amounts available
for the National Intelligence Program shall be exempt from the requirements
of section 2222 of title 10, United States Code.
`(i) Relation to Clinger-Cohen Act- (1) The Director of National Intelligence
and the Chief Information Officer of the Intelligence Community shall
fulfill the executive agency responsibilities in chapter 113 of title
40, United States Code, for any intelligence community business system
that receives more than 50 percent of its funding from amounts appropriated
for the National Intelligence Program.
`(2) Any intelligence community business system covered by paragraph
(1) shall be exempt from the requirements of such chapter 113 that would
otherwise apply to the executive agency that contains the element of
the intelligence community involved.
`(j) Reports- Not later than March 15 of each of the years 2010 through
2014, the Director of National Intelligence shall submit to the congressional
intelligence committees a report on the compliance of the intelligence
community with the requirements of this section. Each such report shall--
`(1) describe actions taken and proposed for meeting the requirements
of subsection (a), including--
`(A) specific milestones and actual performance against specified
performance measures, and any revision of such milestones and performance
measures; and
`(B) specific actions on the intelligence community business system
modernizations submitted for certification under such subsection;
`(2) identify the number of intelligence community business system
modernizations that received a certification described in subsection
(a)(3)(B); and
`(3) describe specific improvements in business operations and cost
savings resulting from successful intelligence community business
systems modernization 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, other than a national security system, that is operated by,
for, or on behalf of the intelligence community, including financial
systems, mixed systems, financial data feeder systems, and the business
infrastructure capabilities shared by the systems of the business
enterprise architecture 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 modernization'
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.'.
(2) CLERICAL AMENDMENT- The table of contents in the first section
of that Act, as amended by sections 305 and 312 of this Act, is further
amended by inserting after the item relating to section 506C, as added
by section 312(b), the following new item:
`Sec. 506D. Intelligence community business systems modernization.'.
(1) CERTAIN DUTIES- Not later than 60 days after the date of the enactment
of this Act, the Director of National Intelligence shall--
(A) complete the delegation of responsibility for the review, approval,
and oversight of the planning, design, acquisition, deployment,
operation, maintenance, and modernization of intelligence community
business systems required by subsection (c) of section 506D of the
National Security Act of 1947 (as added by subsection (a)); and
(B) designate a vice chairman and personnel to serve on the appropriate
Intelligence Community Strategic Enterprise Management Governance
Board established under subsection (f) of such section 506D (as
so added).
(2) ENTERPRISE ARCHITECTURE-
(A) SCHEDULE FOR DEVELOPMENT- The Director shall develop the enterprise
architecture required by subsection (b) of such section 506D (as
so added) by not later than--
(i) March 1, 2009 for all intelligence community financial management
and human resource systems; and
(ii) March 1, 2010 for all remaining intelligence community business
systems.
(B) REQUIREMENT FOR IMPLEMENTATION PLAN- In developing such 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 December 31, 2007, 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 December 31, 2007, 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- The Director shall submit
the acquisition strategy described in subparagraph (B)(i) to the
congressional intelligence committees not later than--
(i) March 1, 2009 for all intelligence community financial management
and human resource systems; and
(ii) March 1, 2010 for all remaining intelligence community business
systems.
SEC. 314. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.
(a) Notification- Title V of the National Security Act of 1947, as amended
by sections 305, 312, and 313 of this Act, is further amended by inserting
after section 506D, as added by section 313(a), the following new section:
`EXCESSIVE COST GROWTH OF MAJOR SYSTEMS
`Sec. 506E. (a) Cost Increases of at Least 25 Percent- (1)(A) On a continuing
basis, and separate from the submission of any report on a major system
required by section 506E of this Act, the program manager shall determine
if the acquisition cost of such major system has increased by at least
25 percent as compared to the baseline cost of such major system.
`(B) Not later than 10 days after the date that a program manager determines
that an increase described in subparagraph (A) has occurred, the program
manager shall submit to the Director of National Intelligence notification
of such increase.
`(2)(A) If, after receiving a notification described in paragraph (1)(B),
the Director of National Intelligence determines that the acquisition
cost of a major system has increased by at least 25 percent, the Director
shall submit to the congressional intelligence committees a written
notification of such determination as described in subparagraph (B),
a description of the amount of the increase in the acquisition cost
of such major system, and a certification as described in subparagraph
(C).
`(B) The notification required by subparagraph (A) shall include--
`(i) an updated cost estimate;
`(ii) the date on which the determination covered by such notification
was made;
`(iii) contract performance assessment information with respect to
each significant contract or sub-contract related to such major system,
including the name of the contractor, the phase of the contract at
the time of the report, the percentage of work under the contract
that has been completed, any change in contract cost, the percentage
by which the contract is currently ahead or behind schedule, and a
summary explanation of significant occurrences, such as cost and schedule
variances, and the effect of such occurrences on future costs and
schedules;
`(iv) the prior estimate of the full life-cycle cost for such major
system, expressed in constant dollars and in current year dollars;
`(v) the current estimated full life-cycle cost of such major system,
expressed in constant dollars and current year dollars;
`(vi) a statement of the reasons for any increases in the full life-cycle
cost of such major system;
`(vii) the current change and the total change, in dollars and expressed
as a percentage, in the full life-cycle cost applicable to such major
system, stated both in constant dollars and current year dollars;
`(viii) the completion status of such major system expressed as the
percentage--
`(I) of the total number of years for which funds have been appropriated
for such major system compared to the number of years for which
it is planned that such funds will be appropriated; and
`(II) of the amount of funds that have been appropriated for such
major system compared to the total amount of such funds which it
is planned will be appropriated;
`(ix) the action taken and proposed to be taken to control future
cost growth of such major system; and
`(x) any changes made in the performance or schedule of such major
system and the extent to which such changes have contributed to the
increase in full life-cycle costs of such major system.
`(C) The certification described in this subparagraph is a written certification
made by the Director and submitted to the congressional intelligence
committees that--
`(i) the acquisition of such major system is essential to the national
security;
`(ii) there are no alternatives to such major system that will provide
equal or greater intelligence capability at equal or lesser cost to
completion;
`(iii) the new estimates of the full life-cycle cost for such major
system are reasonable; and
`(iv) the management structure for the acquisition of such major system
is adequate to manage and control full life-cycle cost of such major
system.
`(b) Cost Increases of at Least 50 Percent- (1)(A) On a continuing basis,
and separate from the submission of any report on a major system required
by section 506E of this Act, the program manager shall determine if
the acquisition cost of such major system has increased by at least
50 percent as compared to the baseline cost of such major system.
`(B) Not later than 10 days after the date that a program manager determines
that an increase described in subparagraph (A) has occurred, the program
manager shall submit to the Director of National Intelligence notification
of such increase.
`(2) If, after receiving a notification described in paragraph (1)(B),
the Director of National Intelligence determines that the acquisition
cost of a major system has increased by at least 50 percent as compared
to the baseline cost of such major system, the Director shall submit
to the congressional intelligence committees a written certification
stating that--
`(A) the acquisition of such major system is essential to the national
security;
`(B) there are no alternatives to such major system that will provide
equal or greater intelligence capability at equal or lesser cost to
completion;
`(C) the new estimates of the full life-cycle cost for such major
system are reasonable;
`(D) the management structure for the acquisition of such major system
is adequate to manage and control the full life-cycle cost of such
major system; and
`(E) if milestone decision authority had been delegated to the program
manager, such authority is revoked and returned to the Director, except
with respect to Department of Defense programs, such authority is
revoked and returned to the Director and the Secretary of Defense,
jointly.
`(3) In addition to the certification required by paragraph (2), the
Director of National Intelligence shall submit to the congressional
intelligence committees an updated notification, with current accompanying
information, as required by subsection (a)(2).
`(c) Prohibition on Obligation of Funds- (1) If a written certification
required under subsection (a)(2)(A) is not submitted to the congressional
intelligence committees within 60 days of the determination made under
subsection (a)(1), funds appropriated for the acquisition of a major
system may not be obligated for a major contract under the program.
Such prohibition on the obligation of funds shall cease to apply at
the end of the 30-day period of a continuous session of Congress that
begins on the date on which Congress receives the notification required
under subsection (a)(2)(A).
`(2) If a written certification required under subsection (b)(2) is
not submitted to the congressional intelligence committees within 60
days of the determination made under subsection (b)(2), funds appropriated
for the acquisition of a major system may not be obligated for a major
contract under the program. Such prohibition on the obligation of funds
for the acquisition of a major system shall cease to apply at the end
of the 30-day period of a continuous session of Congress that begins
on the date on which Congress receives the notification required under
subsection (b)(3).
`(d) Definitions- In this section:
`(1) The term `acquisition cost', with respect to a major system,
means the amount equal to the total cost for development and procurement
of, and system-specific construction for, such system.
`(2) The term `baseline cost', with respect to a major system, means
the projected acquisition cost of such system that is approved by
the Director of National Intelligence at Milestone B or an equivalent
acquisition decision for the development, procurement, and construction
of such system. The baseline cost may be in the form of an independent
cost estimate.
`(3) The term `full life-cycle cost', with respect to the acquisition
of a major system, means all costs of development, procurement, construction,
deployment, and operation and support for such program, without regard
to funding source or management control, including costs of development
and procurement required to support or utilize such system.
`(4) The term `independent cost estimate' has the meaning given that
term in section 506A(e).
`(5) The term `major system' has the meaning given that in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
`(6) The term `Milestone B' means a decision to enter into system
development, integration, and demonstration pursuant to guidance prescribed
by the Director of National Intelligence.
`(7) The term `program manager', with respect to a major system, means--
`(A) the head of the element of the intelligence community which
is responsible for the budget, cost, schedule, and performance of
the major system; or
`(B) in the case of a major system within the Office of the Director
of National Intelligence, the deputy who is responsible for the
budget, cost, schedule, and performance of the major system.'.
(b) Clerical Amendment- The table of contents in the first section of
that Act, as amended by sections 305, 312, and 313 of this Act, is further
amended by inserting after the items relating to section 506D, as added
by section 313(b), the following new item:
`Sec. 506E. Excessive cost growth of major systems.'.
SEC. 315. PROHIBITION ON CONFLICTS OF INTEREST IN INTELLIGENCE COMMUNITY
CONTRACTING.
(a) In General- Title V of the National Security Act of 1947, as amended
by sections 305, 312, 313, and 314 of this Act, is further amended by
inserting after section 506E, as added by section 314(a), the following
new section:
`PROHIBITION ON CONFLICTS OF INTEREST IN INTELLIGENCE COMMUNITY CONTRACTING
`Sec. 506F. (a) Prohibition on Conflicts of Interest- Beginning in fiscal
year 2010, a contract for the provision of advisory and assistance services
related to any major system acquisition with an element of the intelligence
community shall not be awarded to an entity whose business activities
include the provision of products or services related to the same major
system acquisition to any element of the intelligence community.
`(b) Definitions- In this section:
`(1) The term `contract for the provision of advisory and assistance
services' means a contract for activities that could otherwise be
considered inherently governmental but are provided by nongovernmental
sources to support or improve organizational policy development, decisionmaking,
management and administration, and program or project management and
administration.
`(2) The term `entity' includes any company, corporation, sole proprietorship,
person, or any other business arrangement, including a parent, affiliate,
or subsidiary thereto.
`(3) The term `major system' has the meaning given that term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).'.
(b) Clerical Amendment- The table of contents in the first section of
that Act, as amended by sections 305, 312, 313, and 314 of this Act,
is further amended by inserting after the items relating to section
506E, as added by section 314(b), the following new item:
`Sec. 506F. Prohibition on conflicts of interest in intelligence community
contracting.'.
SEC. 316. FUTURE BUDGET PROJECTIONS.
(a) In General- Title V of the National Security Act of 1947, as amended
by sections 305, 312, 313, 314, and 315 of this Act, is further amended
by inserting after section 506F, as added by section 315(a), the following
new section:
`FUTURE BUDGET PROJECTIONS
`Sec. 506G. (a) Future Year Intelligence Plans- (1) The Director of
National Intelligence, with the concurrence of the Office of Management
and Budget, shall provide to the congressional intelligence committees
a Future Year Intelligence Plan, as described in paragraph (2), for--
`(A) each expenditure center in the National Intelligence Program;
and
`(B) each major system in the National Intelligence Program.
`(2)(A) A Future Year Intelligence Plan submitted under this subsection
shall include the year-by-year proposed funding for each center or system
referred to in subparagraph (A) or (B) of paragraph (1), for the budget
year in which the Plan is submitted and not less than the 4 subsequent
budget years.
`(B) A Future Year Intelligence Plan submitted under subparagraph (B)
of paragraph (1) for a major system shall include--
`(i) the estimated total life-cycle cost of such major system; and
`(ii) any major acquisition or programmatic milestones for such major
system.
`(b) Long-Term Budget Projections- (1) The Director of National Intelligence,
with the concurrence of the Director of the Office of Management and
Budget, shall provide to the congressional intelligence committees a
Long-term Budget Projection for each element of the National Intelligence
Program acquiring a major system that includes the budget for such element
for the 10-year period following the last budget year for which proposed
funding was submitted under subsection (a)(2)(A).
`(2) A Long-term Budget Projection submitted under paragraph (1) shall
include, at a minimum, projections for the appropriate element of the
intelligence community for--
`(A) pay and benefits of officers and employees of such element;
`(B) other operating and support costs and minor acquisitions of such
element;
`(C) research and technology required by such element;
`(D) current and planned major system acquisitions for such element;
and
`(E) any unplanned but necessary next-generation major system acquisitions
for such element.
`(c) Submission to Congress- Each Future Year Intelligence Plan or Long-term
Budget Projection required under subsection (a) or (b) shall be submitted
to Congress along with the budget for a fiscal year submitted to Congress
by the President pursuant to section 1105(a) of title 31, United States
Code.
`(d) Content of Long-Term Budget Projections- (1) Each Long-term Budget
Projection submitted under subsection (b) shall include--
`(A) a budget projection based on constrained budgets, effective cost
and schedule execution of current or planned major system acquisitions,
and modest or no cost-growth for undefined, next-generation systems;
and
`(B) a budget projection based on constrained budgets, modest cost
increases in executing current and planned programs, and more costly
next-generation systems.
`(2) Each budget projection required by paragraph (1) shall include
a description of whether, and to what extent, the total projection for
each year exceeds the level that would result from applying the most
recent Office of Management and Budget inflation estimate to the budget
of that element of the intelligence community.
`(e) Increase in Future Budget Projections- (1) Not later than 30 days
prior to the date that an element of the intelligence community may
proceed to Milestone A, Milestone B, or an analogous stage of system
development, in the acquisition of a major system in the National Intelligence
Program, the Director of National Intelligence, with the concurrence
of the Director of the Office of Management and Budget, shall provide
a report on such major system to the congressional intelligence committees.
`(2)(A) A report submitted under paragraph (1) shall include an assessment
of whether, and to what extent, such acquisition, if developed, procured,
and operated, is projected to cause an increase in the most recent Future
Year Intelligence Plan and Long-term Budget Projection for that element
of the intelligence community.
`(B) If an increase is projected under subparagraph (A), the report
required by this subsection shall include a specific finding, and the
reasons therefor, by the Director of National Intelligence and the Director
of the Office of Management and Budget that such increase is necessary
for national security.
`(f) Definitions- In this section:
`(1) The term `major system' has the meaning given that term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
`(2) The term `Milestone A' means a decision to enter into concept
refinement and technology maturity demonstration pursuant to guidance
issued by the Director of National Intelligence.
`(3) The term `Milestone B' means a decision to enter into system
development, integration, and demonstration pursuant to guidance prescribed
by the Director of National Intelligence.'.
(b) Clerical Amendment- The table of contents in the first section of
that Act, as amended by sections 305, 312, 313, 314, and 315 of this
Act, is further amended by inserting after the items relating to section
506F, as added by section 315(b), the following new item:
`Sec. 506G. Future budget projections.'.
(c) Definition of Major System- Paragraph (3) of section 506A(e) of
the National Security Act of 1947 (50 U.S.C. 415a-1(e)) is amended to
read as follows:
`(3) The term `major system' has the meaning given that term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).'.
Subtitle C--Interrogation and Detention Related Matters
SEC. 321. LIMITATION ON INTERROGATION TECHNIQUES.
(a) Limitation- No individual in the custody or under the effective
control of personnel of an element of the intelligence community or
instrumentality of an element of the intelligence community, regardless
of nationality or physical location of such individual or personnel,
shall be subject to any treatment or technique of interrogation not
authorized by the United States Army Field Manual on Human Intelligence
Collector Operations.
(b) Instrumentality Defined- In this section, the term `instrumentality',
with respect to an element of the intelligence community, means a contractor
or subcontractor at any tier of the element of the intelligence community.
SEC. 322. PROHIBITION ON INTERROGATIONS BY CONTRACTORS.
The Director of the Central Intelligence Agency may not permit a contractor
or subcontractor to the Central Intelligence Agency to carry out an
interrogation of an individual. Any interrogation carried out on behalf
of the Central Intelligence Agency shall be conducted by an employee
of such Agency.
SEC. 323. NOTIFICATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS.
(a) Requirement- No funds authorized to be appropriated by this Act
may be used to detain any individual who is in the custody or under
the effective control of an element of the intelligence community (as
that term is defined in section 3 of the National Security Act of 1947
(50 U.S.C. 401a)) or an instrumentality of such element if the International
Committee of the Red Cross is not provided notification of the detention
of such individual and access to such individual in a manner consistent
with the practices of the Armed Forces.
(b) Construction- Nothing in this section shall be construed--
(1) to create or otherwise imply the authority to detain; or
(2) to limit or otherwise affect any other rights or obligations which
may arise under the Geneva Conventions or other laws, or to state
all of the situations under which notification to and access for the
International Committee of the Red Cross is required or allowed.
(c) Instrumentality Defined- In this section, the term `instrumentality',
with respect to an element of the intelligence community, means a contractor
or subcontractor at any tier of the element of the intelligence community.
SEC. 324. REPORT ON COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF
2005 AND RELATED PROVISIONS OF THE MILITARY COMMISSIONS ACT OF 2006.
(a) Report Required- Not later than 45 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a comprehensive report on all
measures taken by the Office of the Director of National Intelligence
and by each element, if any, of the intelligence community with relevant
responsibilities to comply with the provisions of the Detainee Treatment
Act of 2005 (title X of division A of Public Law 109-148; 119 Stat.
2739) and related provisions of the Military Commissions Act of 2006
(Public Law 109-366; 120 Stat. 2600).
(b) Elements- The report required by subsection (a) shall include the
following:
(1) A description of the detention or interrogation methods, if any,
that have been determined to comply with section 1003 of the Detainee
Treatment Act of 2005 (42 U.S.C. 2000dd) and section 6 of the Military
Commissions Act of 2006 (120 Stat. 2632) (including the amendments
made by such section) and, with respect to each such method--
(A) an identification of the official making such determination;
and
(B) a statement of the basis for such determination.
(2) A description of the detention or interrogation methods, if any,
whose use has been discontinued pursuant to the Detainee Treatment
Act of 2005 or the Military Commission Act of 2006, and, with respect
to each such method--
(A) an identification of the official making the determination to
discontinue such method; and
(B) a statement of the basis for such determination.
(3) A description of any actions that have been taken to implement
section 1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-1),
and, with respect to each such action--
(A) an identification of the official taking such action; and
(B) a statement of the basis for such action.
(4) Any other matters that the Director of National Intelligence considers
necessary to fully and currently inform the congressional intelligence
committees about the implementation of the Detainee Treatment Act
of 2005 and related provisions of the Military Commissions Act of
2006.
(5) An appendix containing--
(A) all guidelines for the application of the Detainee Treatment
Act of 2005 and related provisions of the Military Commissions Act
of 2006 to the detention or interrogation activities, if any, of
any element of the intelligence community; and
(B) any legal justifications of any office of the Department of
Justice related to the interpretation or application of the Detainee
Treatment Act of 2005 or related provisions of the Military Commissions
Act of 2006, with respect to the detention or interrogation activities,
of any element of the intelligence community.
(c) Form- The report required by subsection (a) shall be submitted in
classified form.
(d) Submission to the Congressional Armed Services Committees- To the
extent that the report required by subsection (a) addresses an element
of the intelligence community within the Department of Defense, that
portion of the report, and any associated material that is necessary
to make that portion understandable, shall also be submitted by the
Director of National Intelligence to the congressional armed services
committees.
(e) Congressional Armed Services Committee Defined- In this section,
the term `congressional armed services committees' means--
(1) the Committee on Armed Services of the Senate; and
(2) the Committee on Armed Services of the House of Representatives.
Subtitle D--Reporting Requirements
SEC. 331. REPORT ON USE OF CONTRACTORS BY ELEMENTS OF THE INTELLIGENCE
COMMUNITY.
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 that describes--
(1) any activity that is being conducted by 1 or more contractors
on behalf of an element of the intelligence community that the Director
believes should only be conducted by employees of an agency or department
of the United States;
(2) an estimate of the number of contractors conducting each such
activity; and
(3) the plan of the Director, if any, to have each such activity be
conducted by employees of an agency or department of the United States.
SEC. 332. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING INTELLIGENCE
ACTIVITIES OF THE UNITED STATES.
(a) Notice on Information Not Disclosed-
(1) IN GENERAL- Section 502 of the National Security Act of 1947 (50
U.S.C. 413a) is amended--
(A) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(B) by inserting after subsection (a) the following:
`(b) Notice on Information Not Disclosed- (1) If the Director of National
Intelligence or the head of a department, agency, or other entity of
the United States Government does not provide information required by
subsection (a) in full or to all the members of the congressional intelligence
committees and requests that such information not be so provided, the
Director shall, in a timely fashion, provide written notification to
all the members of such committees of the determination not to provide
such information in full or to all members of such committees. Such
notice shall include a statement of the reasons for such determination
and description that provides the main features of the intelligence
activities covered by such determination.
`(2) Nothing in this subsection shall be construed as authorizing less
than full and current disclosure to all the members of the congressional
intelligence committees of any information necessary to keep all such
members fully and currently informed on all intelligence activities
described in subsection (a).'; and
(C) by inserting after subsection (d), as redesignated by subparagraph
(A) of this section, the following:
`(e) Congressional Intelligence Committees Defined- In this section
the term `congressional intelligence committees' means the Select Committee
on Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.'.
(2) CONFORMING AMENDMENT- Subsection (d) of such section, as redesignated
by paragraph (1)(A) of this subsection, is amended by striking `subsection
(b)' and inserting `subsections (b) and (c)'.
(b) Reports and Notice on Covert Actions-
(1) FORM AND CONTENT OF CERTAIN REPORTS- Subsection (b) of section
503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A)
and (B), respectively;
(B) by inserting `(1)' after `(b)'; and
(C) by adding at the end the following:
`(2) Any information relating to a covert action that is submitted
to the congressional intelligence committees for the purposes of paragraph
(1) shall be in writing and shall contain the following:
`(A) A concise statement of any facts pertinent to such covert action.
`(B) An explanation of the significance of such covert action.'.
(2) NOTICE ON INFORMATION NOT DISCLOSED- Subsection (c) of such section
is amended by adding at the end the following:
`(5)(A) If the Director of National Intelligence or the head of a department,
agency, or other entity of the United States Government does not provide
information required by subsection (b) in full or to all the members
of the congressional intelligence committees, and requests that such
information not be so provided, the Director shall, in a timely fashion,
notify such committees of the determination not to provide such information
in full or to all members of such committees.
`(B) A notice required by subparagraph (A) shall be submitted in writing
in a classified form and include--
`(i) a statement of the reasons that such information will not be
provided in full or to all the members of the congressional intelligence
committees; and
`(ii) a description of the main features of the covert action described
in subsection (b) for which such information will not be provided.
`(C) Each member of the congressional intelligence committees shall
have unrestricted access to each notice required by subparagraph (A).'.
(3) MODIFICATION OF NATURE OF CHANGE OF COVERT ACTION TRIGGERING NOTICE
REQUIREMENTS- Subsection (d) of such section is amended by striking
`significant' the first place that term appears.
(4) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED- Such section is
further amended by adding at the end the following:
`(g) In this section, the term `congressional intelligence committees'
means the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives.'.
SEC. 333. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE TRANSFORMATION.
(a) Finding- Congress finds that the members of the National Commission
on Terrorist Attacks Upon the United States gave the Federal Bureau
of Investigation a `C' in their final report on intelligence reform.
Specifically, the members stated that `progress is being made-but it
is too slow. The FBI's shift to a counterterrorism posture is far from
institutionalized, and significant deficiencies remain. Reforms are
at risk from inertia and complacency; they must be accelerated, or they
will fail. Unless there is improvement in a reasonable period of time,
Congress will have to look at alternatives.'.
(b) Federal Bureau of Investigation Intelligence Transformation- The
Director of National Intelligence, in coordination with the Director
of the Federal Bureau of Investigation, shall establish performance
metrics and specific timetables related to the progress of the Federal
Bureau of Investigation in carrying out the following:
(1) Improving cooperation between the Federal Bureau of Intelligence
and the Office of the Director of National Intelligence.
(2) Improving the Federal Bureau of Investigation National Intelligence
Program budget structure.
(3) Improving intelligence enabling information technology.
(4) Advancing the analytic culture of the Federal Bureau of Investigation.
(5) Improving the intelligence training curriculum.
(6) Regionalization of the Federal Bureau of Investigation intelligence
program.
(7) Improving the Federal Bureau of Investigation's Weapons of Mass
Destruction Directorate.
(8) Improving the national security workforce management at the Federal
Bureau of Investigation.
(9) Improving the headquarters staffing of National Security Programs
of the Federal Bureau of Investigation.
(c) Report- On a semiannual basis during the 5-year period beginning
on the date of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a consolidated
report on the progress of the Federal Bureau of Investigation in carrying
out items in paragraphs (1) through (9) of subsection (b), including
an assessment of the metrics, timetables, and corrective actions referred
to in such subsection and a description of the activities being carried
out to ensure the Federal Bureau of Investigation is improving its performance.
SEC. 334. INCORPORATION OF REPORTING REQUIREMENTS.
Each requirement to submit a report to the congressional intelligence
committees that is included in the classified annex to this Act is hereby
incorporated into this Act and is hereby made a requirement in law.
SEC. 335. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Report on Intelligence-
(1) REPEAL- Section 109 of the National Security Act of 1947 (50 U.S.C.
404d) is repealed.
(2) CLERICAL AMENDMENT- The table of contents in the first section
of the National Security Act of 1947 is amended by striking the item
relating to section 109.
(b) Annual and Special Reports on Intelligence Sharing With the United
Nations- Section 112 of the National Security Act of 1947 (50 U.S.C.
404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as subsections
(b), (c), and (d), respectively.
(c) Annual 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).
(d) 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.
(e) Annual Report on Counterdrug Intelligence Matters- Section 826 of
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed.
(f) Biennial Report on the Safety and Security of Russian Nuclear Facilities
and Nuclear Military Forces-
(1) IN GENERAL- Section 114 of the National Security Act of 1947 (40
U.S.C. 404i) is amended--
(A) in the heading, by striking `ANNUAL'; and
(i) in the heading, by striking `Annual' and inserting `Biennial';
(ii) by striking `an annual' and inserting `a biennial'; and
(iii) by striking `each' and inserting `every other'.
(2) CLERICAL AMENDMENT- The table of contents in the first section
of that Act is amended by striking the item relating to section 114
and inserting the following:
`Sec. 114. Additional reports for the Director of National Intelligence.'.
(g) Annual Review of Dissemination Lists- Section 1102 of the National
Security Act of 1947 (50 U.S.C. 442a) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively.
(h) Biennial Report on Espionage by the People's Republic of China-
(1) IN GENERAL- Section 3151 of the National Defense Authorization
Act for Fiscal Year 2000 (42 U.S.C. 7383e) is amended--
(A) in the heading, by striking `ANNUAL' and inserting `BIENNIAL';
and
(i) in the heading, by striking `Annual' and inserting `Biennial';
and
(ii) by striking `an annual' and inserting `a biennial'
(2) CLERICAL AMENDMENT- The table of contents in subsection (b) of
section 2 of that Act (Public Law 106-65; 113 Stat. 512) is amended
by striking the item relating to section 3151 and inserting the following:
`Sec. 3151. Report by the President on espionage by the People's Republic
of China.'.
(i) Biennial Report on Dismantling of Strategic Nuclear Warheads-
(1) IN GENERAL- Section 1033 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 22 U.S.C. 5959 note)
is amended--
(A) in the heading by striking `ANNUAL' and inserting `BIENNIAL';
(i) in the heading, by striking `ANNUAL' and inserting `BIENNIAL';
(ii) by striking `each' and inserting `every other';
(iii) by striking `prior fiscal year' and inserting `prior 2 fiscal
years'; and
(iv) by striking `the fiscal year covered by the budget' and inserting
`the following 2 fiscal years';
(C) in subsection (b), by striking `The annual report' and inserting
`Each report submitted';
(D) in subsection (c), by striking `an annual' and inserting `a';
and
(E) in subsection (e), by striking `annual'.
(2) CLERICAL AMENDMENT- The table of contents in subsection (b) of
section 2 of that Act (Public Law 108-136; 117 Stat. 1392) is amended
by striking the item relating to section 1033 and inserting the following:
`Sec. 1033. Biennial report concerning dismantling of strategic nuclear
warheads.'.
(j) Conforming Amendments- Section 507(a) of the National Security Act
of 1947 (50 U.S.C. 415b(a)) is amended--
(A) by striking subparagraphs (A) and (B); and
(B) by redesignating subparagraphs (C) through (N) as subparagraphs
(A) through (L), respectively; and
(2) in paragraph (2), by striking subparagraph (D).
Subtitle E--Other Matters
SEC. 341. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 342. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER
THE NATIONAL SECURITY ACT OF 1947.
Subparagraph (L) of section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)) is amended by striking `other' the second place
it appears.
SEC. 343. 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. 344. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR INTELLIGENCE
AND INTELLIGENCE-RELATED ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is
amended--
(1) in subsection (a), by inserting `the congressional intelligence
committees have been fully and currently informed of such activity
and if' after `only if';
(2) by redesignating subsections (b), (c), (d), and (e) as subsections
(c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following:
`(b) In any case in which notice to the congressional intelligence committees
of an intelligence or intelligence-related activity is covered by section
502(b), or in which notice to the congressional intelligence committees
on a covert action is covered by section 503(c)(5), the congressional
intelligence committees shall be treated as being fully and currently
informed on such activity or covert action, as the case may be, for
purposes of subsection (a) if the requirements of such section 502(b)
or 503(c)(5), as applicable, have been met.'.
SEC. 345. LIMITATION ON REPROGRAMMINGS AND TRANSFERS OF FUNDS.
(a) In General- Subsection (a)(3) of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) is amended--
(1) in subparagraph (B), as amended by section 343 by striking `and'
at the end;
(2) in subparagraph (C), by adding `and' at the end; and
(3) by adding at the end the following new subparagraph:
`(D) the making available of such funds for such activity complies
with the requirements in subsection (d);'.
(b) Procedures- Such section is further amended--
(1) by redesignating subsections (e) and (f), as redesignated by section
344(2) as subsections (f) and (g), respectively; and
(2) by inserting after subsection (c) the following new subsection
(d):
`(d)(1) Except as provided in paragraph (2), if following a notice of
intent to make funds available for a different activity under subsection
(a)(3)(C) one of the congressional intelligence committees submits to
the element of the intelligence community that will carry out such activity
a request for additional information on such activity, such funds may
not be made available for such activity under subsection (a)(3) until
such date, up to 90 days after the date of such request, as specified
by such congressional intelligence committee.
`(2) The President may waive the requirements of paragraph (1) and make
funds available for an element of the intelligence community to carry
out a different activity under subsection (a)(3) if the President submits
to the congressional intelligence committees a certification providing
that--
`(A) the use of such funds for such activity is necessary to fulfill
an urgent operational requirement, excluding a cost overrun on the
acquisition of a major system, of an element of the intelligence community;
and
`(B) such waiver is necessary so that an element of the intelligence
community may carry out such activity prior to the date that funds
would be made available under paragraph (1).'.
(c) Definitions- Subsection (g) of such section, as redesignated by
subsection (b)(1) of this section, is amended--
(1) by redesignating paragraph (3) as paragraph (5);
(2) by redesignating paragraphs (1) and (2) as paragraphs (3) and
(1), respectively;
(3) by striking `and' at the end of paragraph (1), as redesignated
by paragraph (2) of this subsection;
(4) by inserting after paragraph (1), as so redesignated, the following:
`(2) the term `congressional intelligence committees' means the Select
Committee on Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives;'; and
(5) by inserting after paragraph (3), as redesignated by paragraph
(2) of this subsection, the following:
`(4) the term `major system' has the meaning given that term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403);
and'.
SEC. 346. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING INFORMATION.
Subsection (b) of section 601 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (50 U.S.C. 415c) is amended by striking
`2009' and inserting `2010'.
SEC. 347. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER INTELLIGENCE
OFFICERS AND AGENTS.
(a) 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'.
(b) Disclosure of Agent After Access to Classified Information- Subsection
(b) of such section is amended by striking `five years' and inserting
`10 years'.
SEC. 348. 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. 349. LANGUAGE AND INTELLIGENCE ANALYST TRAINING PROGRAM.
(a) In General- 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) is amended to read as follows:
`SEC. 922. LANGUAGE AND INTELLIGENCE ANALYST TRAINING PROGRAM.
`(a) Definitions- In this section:
`(1) DIRECTOR- The term `Director' means the Director of National
Intelligence.
`(2) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' has the meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
`(3) PROGRAM- The term `program' means the grant program to promote
language and intelligence analysis training authorized by subsection
(b).
`(b) Authority- The Director is authorized to carry out a grant program
to promote language and intelligence analysis, as described in this
section.
`(c) Purpose- The purpose of the program shall be to increase the number
of individuals qualified for an entry-level language analyst or intelligence
analyst position within an element of the intelligence community by
providing--
`(1) grants to qualified institutions of higher education, as described
in subsection (d); and
`(2) grants to qualified individuals, as described in subsection (e).
`(d) Grants to Institutions of Higher Education- (1) The Director is
authorized to provide a grant through the program to an institution
of higher education to develop a course of study to prepare students
of such institution for an entry-level language analyst or intelligence
analyst position within an element of the intelligence community.
`(2) An institution of higher education seeking a grant under this subsection
shall submit an application describing the proposed use of the grant
at such time and in such manner as the Director may require.
`(3) The Director shall award a grant to an institution of higher education
under this subsection--
`(A) on the basis of the ability of such institution to use the grant
to prepare students for an entry-level language analyst or intelligence
analyst position within an element of the intelligence community upon
completion of study at such institution; and
`(B) in a manner that provides for geographical diversity among the
institutions of higher education that receive such grants.
`(4) An institution of higher education that receives a grant under
this subsection shall submit to the Director regular reports regarding
the use of such grant, including--
`(A) a description of the benefits to students who participate in
the course of study funded by such grant;
`(B) a description of the results and accomplishments related to such
course of study; and
`(C) any other information that the Director may require.
`(5) The Director is authorized to provide an institution of higher
education that receives a grant under this section with advice and counsel
related to the use of such grant.
`(e) Grants to Individuals- (1) The Director is authorized to provide
a grant through the program to an individual to assist such individual
in pursuing a course of study--
`(A) identified by the Director as meeting a current or emerging mission
requirement of an element of the intelligence community; and
`(B) that will prepare such individual for an entry-level language
analyst or intelligence analyst position within an element of the
intelligence community.
`(2) The Director is authorized to provide a grant described in paragraph
(1) to an individual for the following purposes:
`(A) To provide a monthly stipend for each month that the individual
is pursuing a course of study described in paragraph (1).
`(B) To pay the individual's full tuition to permit the individual
to complete such a course of study.
`(C) To provide an allowance for books and materials that the individual
requires to complete such course of study.
`(D) To pay the individual's expenses for travel that is requested
by an element of the intelligence community related to the program.
`(3)(A) The Director shall select individuals to receive grants under
this subsection using such procedures as the Director determines are
appropriate.
`(B) An individual seeking a grant under this subsection shall submit
an application describing the proposed use of the grant at such time
and in such manner as the Director may require.
`(C) The total number of individuals receiving grants under this subsection
at any 1 time may not exceed 400.
`(D) The Director is authorized to screen and qualify each individual
selected to receive a grant under this subsection for the appropriate
security clearance without regard to the date that the employment relationship
between the individual and the element of the intelligence community
is formed.
`(4) An individual who receives a grant under this subsection shall
enter into an agreement to perform, upon such individual's completion
of a course of study described in paragraph (1), 1 year of service within
an element of the intelligence community, as approved by the Director,
for each academic year for which such individual received grant funds
under this subsection.
`(5) If an individual who receives a grant under this subsection--
`(A) fails to complete a course of study described in paragraph (1)
or the individual's participation in the program is terminated prior
to the completion of such course of study, either by the Director
for misconduct or voluntarily by the individual, the individual shall
reimburse the United States for the amount of such grant (excluding
the individual's stipend, pay, and allowances); or
`(B) fails to complete the service requirement with an element of
the intelligence community described in paragraph (4) after completion
of such course of study or if the individual's employment with such
element of the intelligence community is terminated either by the
head of such element for misconduct or voluntarily by the individual
prior to the individual's completion of such service requirement,
the individual shall--
`(i) reimburse the United States for full amount of such grant (excluding
the individual's stipend, pay, and allowances) if the individual
did not complete any portion of such service requirement; or
`(ii) reimburse the United States for the percentage of the total
amount of such grant (excluding the individual's stipend, pay, and
allowances) that is equal to the percentage of the period of such
service requirement that the individual did not serve.
`(6)(A) If an individual incurs an obligation to reimburse the United
States under subparagraph (A) or (B) of paragraph (5), the head of the
element of the intelligence community that employed or intended to employ
such individual shall notify the Director of such obligation.
`(B) Except as provided in subparagraph (D), an obligation to reimburse
the United States incurred under such subparagraph (A) or (B), including
interest due on such obligation, is for all purposes a debt owing the
United States.
`(C) A discharge in bankruptcy under title 11, United States Code, shall
not release an individual from an obligation to reimburse the United
States incurred under such subparagraph (A) or (B) if the final decree
of the discharge in bankruptcy is issued within 5 years after the last
day of the period of the service requirement described in subparagraph
(4).
`(D) The Director may release an individual from part or all of the
individual's obligation to reimburse the United States incurred under
such subparagraph (A) or (B) if the Director determines that equity
or the interests of the United States require such a release.
`(f) Management- In carrying out the program, the Director shall--
`(1) be responsible for the oversight of the program and the development
of policy guidance and implementing procedures for the program;
`(2) solicit participation of institutions of higher education in
the program through appropriate means; and
`(3) provide each individual who participates in the program under
subsection (e) information on opportunities available for employment
within an element of the intelligence community.
`(g) Penalties for Fraud- An institution of higher education or the
officers of such institution or an individual who receives a grant under
the program as a result of fraud in any aspect of the grant process
may be subject to criminal or civil penalties in accordance with applicable
Federal law.
`(h) Construction- Unless mutually agreed to by all parties, nothing
in this section may be construed to amend, modify, or abrogate any agreement,
contract, or employment relationship that was in effect on the day prior
to the date of enactment of the Intelligence Authorization Act for Fiscal
Year 2009.
`(i) Effect of Other Law- The Director shall administer the program
pursuant to the provisions of chapter 63 of title 31, United States
Code and chapter 75 of such title, except that the Comptroller General
of the United States shall have no authority, duty, or responsibility
in matters related to this program.'.
(b) Clerical Amendment- The table of contents in section 2(b) of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 is amended by striking the item relating to section 922 and inserting
the following:
`Sec. 922. Language and intelligence analyst training program.'.
SEC. 350. 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. 351. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE RESEARCH
AND DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY.
(1) IN GENERAL- Subsection (a) of section 1007 of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat.
2442) is amended by striking `September 1, 2004' and inserting `December
31, 2009'.
(2) EFFECTIVE DATE- Subject to paragraph (3), the amendment made by
paragraph (1) shall take effect as if included in the enactment of
such section 1007.
(3) COMMISSION MEMBERSHIP-
(A) IN GENERAL- The membership of the National Commission for the
Review of the Research and Development Programs of the United States
Intelligence Community established under subsection (a) of section
1002 of such Act (Public Law 107-306; 116 Stat. 2438) (referred
to in this section as the `Commission') shall be considered vacant
and new members shall be appointed in accordance with such section
1002, as amended by subparagraph (B).
(B) TECHNICAL AMENDMENT- Paragraph (1) of subsection (b) of such
section 1002 is amended by striking `The Deputy Director of Central
Intelligence for Community Management.' and inserting `The Principal
Deputy Director of National Intelligence.'.
(1) IN GENERAL- Of the amounts authorized to be appropriated by this
Act for the Intelligence Community Management Account, the Director
of National Intelligence shall make $2,000,000 available to the Commission
to carry out title X of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2437).
(2) AVAILABILITY- Amounts made available to the Commission pursuant
to paragraph (1) shall remain available until expended.
SEC. 352. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE INTELLIGENCE
AUTHORIZATION ACT FOR FISCAL YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for Fiscal Year
2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is amended--
(1) by striking `Director of Central Intelligence' and inserting `Director
of National Intelligence'; and
(2) by inserting `or in section 313 of such title,' after `subsection
(a)),'.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Responsibility of the Director of National Intelligence- Subsection
(b) of section 102 of the National Security Act of 1947 (50 U.S.C. 403)
is amended--
(1) in paragraph (2), by striking `and' at the end;
(A) by striking `2004,' and inserting `2004 (Public Law 108-458;
50 U.S.C. 403 note),'; and
(B) by striking the period at the end and inserting a semicolon
and `and'; and
(3) by adding after paragraph (3), the following new paragraph:
`(4) conduct accountability reviews of elements of the intelligence
community and the personnel of such elements, if appropriate.'.
(b) Tasking and Other Authorities- Subsection (f) of section 102A of
such Act (50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (7) and (8), as paragraphs (8) and
(9), respectively; and
(2) by inserting after paragraph (6), the following new paragraph:
`(7)(A) The Director of National Intelligence shall, if the Director
determines it is necessary, or may, if requested by a congressional
intelligence committee, conduct an accountability review of an element
of the intelligence community or the personnel of such element in relation
to a failure or deficiency within the intelligence community.
`(B) The Director of National Intelligence, in consultation with the
Attorney General, shall establish guidelines and procedures for conducting
an accountability review under subparagraph (A).
`(C)(i) The Director of National Intelligence shall provide the findings
of an accountability review conducted under subparagraph (A) and the
Director's recommendations for corrective or punitive action, if any,
to the head of the applicable element of the intelligence community.
Such recommendations may include a recommendation for dismissal of personnel.
`(ii) If the head of such element does not implement a recommendation
made by the Director under clause (i), the head of such element shall
submit to the congressional intelligence committees a notice of the
determination not to implement the recommendation, including the reasons
for the determination.
`(D) The requirements of this paragraph shall not limit any authority
of the Director of National Intelligence under subsection (m) or with
respect to supervision of the Central Intelligence Agency.'.
SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.
(a) Authorities for Interagency Funding- Section 102A(g)(1) of the National
Security Act of 1947 (50 U.S.C. 403-1(g)(1)) is amended--
(1) in subparagraph (E), by striking `and' at the end;
(2) in subparagraph (F), by striking the period and inserting a semicolon;
and
(3) by adding at the end the following new subparagraphs:
`(G) in carrying out this subsection, without regard to any other
provision of law (other than this Act and the National Security Intelligence
Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3643)),
expend funds and make funds available to other departments or agencies
of the United States for, and direct the development and fielding
of, systems of common concern related to the collection, processing,
analysis, exploitation, and dissemination of intelligence information;
and
`(H) for purposes of addressing critical gaps in intelligence information
sharing or access capabilities, have the authority to transfer funds
appropriated for a program within the National Intelligence Program
to a program funded by appropriations not within the National Intelligence
Program, consistent with paragraphs (3) through (7) of subsection
(d).'.
(b) Authorities of Heads of Other Departments and Agencies- Notwithstanding
any other provision of law, the head of any department or agency of
the United States is authorized to receive and utilize funds made available
to the department or agency by the Director of National Intelligence
pursuant to section 102A(g)(1) of the National Security Act of 1947
(50 U.S.C. 403-1(g)(1)), as amended by subsection (a), and receive and
utilize any system referred to in such section that is made available
to the department or agency.
(1) REQUIREMENT FOR REPORTS- Not later than February 1 of each of
the fiscal years 2010 through 2013, the Director of National Intelligence
shall submit to the congressional intelligence committees a report
detailing the distribution of funds and systems during the preceding
fiscal year pursuant to subparagraph (G) or (H) of section 102A(g)(1)
of the National Security Act of 1947 (50 U.S.C. 403-1(g)(1)), as added
by subsection (a).
(2) CONTENT- Each such report shall include--
(A) a listing of the agencies or departments to which such funds
or systems were distributed;
(B) a description of the purpose for which such funds or systems
were distributed; and
(C) a description of the expenditure of such funds, and the development,
fielding, and use of such systems by the receiving agency or department.
SEC. 403. MODIFICATION OF LIMITATION ON DELEGATION BY THE DIRECTOR
OF NATIONAL INTELLIGENCE OF THE PROTECTION OF INTELLIGENCE SOURCES AND
METHODS.
Section 102A(i)(3) of the National Security Act of 1947 (50 U.S.C. 403-1(i)(3))
is amended by inserting `or the Chief Information Officer of the Intelligence
Community' before the period at the end.
SEC. 404. AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE FOR
INTERAGENCY FUNDING.
(a) In General- 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:
`(u) Authorities for Interagency Funding- (1) Notwithstanding section
1346 of title 31, United States Code, or any other provision of law
prohibiting the interagency financing of activities described in subparagraph
(A) or (B), upon the request of the Director of National Intelligence,
any element of the intelligence community may use appropriated funds
to support or participate in the interagency activities of the following:
`(A) National intelligence centers established by the Director under
section 119B.
`(B) Boards, commissions, councils, committees, and similar groups
that are established--
`(i) for a term of not more than 2 years; and
`(2) No provision of law enacted after the date of the enactment of
the Intelligence Authorization Act for Fiscal Year 2009 shall be construed
to limit or supersede the authority in paragraph (1) unless such provision
makes specific reference to the authority in that paragraph.'.
(b) Reports- Not later than February 1 of each of the fiscal years 2010
through 2013, the Director of National Intelligence shall submit to
the congressional intelligence committees a report detailing the exercise
of any authority pursuant to subsection (u) of section 102A of the National
Security Act of 1947 (50 U.S.C. 403-1), as amended by subsection (a),
during the preceding fiscal year.
SEC. 405. CLARIFICATION OF LIMITATION ON COLOCATION OF THE OFFICE
OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 103(e) of the National Security Act of 1947 (50 U.S.C. 403-3(e))
is amended--
(1) by striking `With' and inserting `of Headquarters With Headquarters
of';
(2) by inserting `the headquarters of' before `the Office'; and
(3) by inserting `the headquarters of' before `any other element'.
SEC. 406. TITLE OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.
(a) 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 the heading, by adding `OF THE INTELLIGENCE COMMUNITY' after
`OFFICER';
(2) in subsection (a), by inserting `of the Intelligence Community'
after `Chief Information Officer';
(3) in subsection (b), by inserting `of the Intelligence Community'
after `Chief Information Officer';
(4) in subsection (c), by inserting `of the Intelligence Community'
after `Chief Information Officer'; and
(5) in subsection (d), by inserting `of the Intelligence Community'
after `Chief Information Officer' the first place it appears.
(b) Table of Contents- The table of contents for such Act is amended
by striking the item relating to section 103G and inserting the following:
`Sec. 103G. Chief Information Officer of the Intelligence Community.'.
SEC. 407. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(1) IN GENERAL- Title I of the National Security Act of 1947 (50 U.S.C.
402 et seq.) is amended by inserting after section 103G the following
new section:
`INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
`Sec. 103H. (a) Office of Inspector General of Intelligence Community-
There is within the Office of the Director of National Intelligence
an Office of the Inspector General of the Intelligence Community.
`(b) Purpose- The purpose of the Office of the Inspector General of
the Intelligence Community is to--
`(1) create an objective and effective office, appropriately accountable
to Congress, to initiate and conduct independently investigations,
inspections, and audits on matters within the responsibility and authority
of the Director of National Intelligence;
`(2) recommend policies designed--
`(A) to promote economy, efficiency, and effectiveness in the administration
and implementation of matters within the responsibility and authority
of the Director of National Intelligence; and
`(B) to prevent and detect fraud and abuse in such matters;
`(3) provide a means for keeping the Director of National Intelligence
fully and currently informed about--
`(A) problems and deficiencies relating to matters within the responsibility
and authority of the Director of National Intelligence; and
`(B) the necessity for, and the progress of, corrective actions;
and
`(4) in the manner prescribed by this section, ensure that the congressional
intelligence committees are kept similarly informed of--
`(A) significant problems and deficiencies relating to matters within
the responsibility and authority of the Director of National Intelligence;
and
`(B) the necessity for, and the progress of, corrective actions.
`(c) Inspector General of Intelligence Community- (1) There is an Inspector
General of the Intelligence Community, who shall be the head of the
Office of the Inspector General of the Intelligence Community, who shall
be appointed by the President, by and with the advice and consent of
the Senate.
`(2) The nomination of an individual for appointment as Inspector General
shall be made--
`(A) without regard to political affiliation;
`(B) solely on the basis of integrity, compliance with the security
standards of the intelligence community, and prior experience in the
field of intelligence or national security; and
`(C) on the basis of demonstrated ability in accounting, financial
analysis, law, management analysis, public administration, or auditing.
`(3) The Inspector General shall report directly to and be under the
general supervision of the Director of National Intelligence.
`(4) The Inspector General may be removed from office only by the President.
The President shall immediately communicate in writing to the congressional
intelligence committees the reasons for the removal of any individual
from the position of Inspector General.
`(d) Duties and Responsibilities- Subject to subsections (g) and (h),
it shall be the duty and responsibility of the Inspector General of
the Intelligence Community--
`(1) to provide policy direction for, and to plan, conduct, supervise,
and coordinate independently, the investigations, inspections, and
audits relating to matters within the responsibility and authority
of the Director of National Intelligence to ensure they are conducted
efficiently and in accordance with applicable law and regulations;
`(2) to keep the Director of National Intelligence fully and currently
informed concerning violations of law and regulations, violations
of civil liberties and privacy, fraud and other serious problems,
abuses, and deficiencies that may occur in matters within the responsibility
and authority of the Director, and to report the progress made in
implementing corrective action;
`(3) to take due regard for the protection of intelligence sources
and methods in the preparation of all reports issued by the Inspector
General, and, to the extent consistent with the purpose and objective
of such reports, take such measures as may be appropriate to minimize
the disclosure of intelligence sources and methods described in such
reports; and
`(4) in the execution of the duties and responsibilities under this
section, to comply with generally accepted government auditing standards.
`(e) Limitations on Activities- (1) The Director of National Intelligence
may prohibit the Inspector General of the Intelligence Community from
initiating, carrying out, or completing any investigation, inspection,
or audit if the Director determines that such prohibition is necessary
to protect vital national security interests of the United States.
`(2) If the Director exercises the authority under paragraph (1), the
Director shall submit an appropriately classified statement of the reasons
for the exercise of such authority within 7 days to the congressional
intelligence committees.
`(3) The Director shall advise the Inspector General at the time a report
under paragraph (2) is submitted, and, to the extent consistent with
the protection of intelligence sources and methods, provide the Inspector
General with a copy of such report.
`(4) The Inspector General may submit to the congressional intelligence
committees any comments on a report of which the Inspector General has
notice under paragraph (3) that the Inspector General considers appropriate.
`(f) Authorities- (1) The Inspector General of the Intelligence Community
shall have direct and prompt access to the Director of National Intelligence
when necessary for any purpose pertaining to the performance of the
duties of the Inspector General.
`(2)(A) The Inspector General shall have access to any employee, or
any employee of a contractor, of any element of the intelligence community
whose testimony is needed for the performance of the duties of the Inspector
General.
`(B) The Inspector General shall have direct access to all records,
reports, audits, reviews, documents, papers, recommendations, or other
material which relate to the programs and operations with respect to
which the Inspector General has responsibilities under this section.
`(C) The level of classification or compartmentation of information
shall not, in and of itself, provide a sufficient rationale for denying
the Inspector General access to any materials under subparagraph (B).
`(D) Failure on the part of any employee, or any employee of a contractor,
of any element of the intelligence community to cooperate with the Inspector
General shall be grounds for appropriate administrative actions by the
Director or, on the recommendation of the Director, other appropriate
officials of the intelligence community, including loss of employment
or the termination of an existing contractual relationship.
`(3) The Inspector General is authorized to receive and investigate
complaints or information from any person concerning the existence of
an activity constituting a violation of laws, rules, or regulations,
or mismanagement, gross waste of funds, abuse of authority, or a substantial
and specific danger to the public health and safety. Once such complaint
or information has been received from an employee of the Federal Government--
`(A) the Inspector General shall not disclose the identity of the
employee without the consent of the employee, unless the Inspector
General determines that such disclosure is unavoidable during the
course of the investigation or the disclosure is made to an official
of the Department of Justice responsible for determining whether a
prosecution should be undertaken; and
`(B) no action constituting a reprisal, or threat of reprisal, for
making such complaint may be taken by any employee in a position to
take such actions, unless the complaint was made or the information
was disclosed with the knowledge that it was false or with willful
disregard for its truth or falsity.
`(4) The Inspector General shall have authority to administer to or
take from any person an oath, affirmation, or affidavit, whenever necessary
in the performance of the duties of the Inspector General, which oath,
affirmation, or affidavit when administered or taken by or before an
employee of the Office of the Inspector General of the Intelligence
Community designated by the Inspector General shall have the same force
and effect as if administered or taken by, or before, an officer having
a seal.
`(5)(A) Except as provided in subparagraph (B), the Inspector General
is authorized to require by subpoena the production of all information,
documents, reports, answers, records, accounts, papers, and other data
and documentary evidence necessary in the performance of the duties
and responsibilities of the Inspector General.
`(B) In the case of departments, agencies, and other elements of the
United States Government, the Inspector General shall obtain information,
documents, reports, answers, records, accounts, papers, and other data
and evidence for the purpose specified in subparagraph (A) using procedures
other than by subpoenas.
`(C) The Inspector General may not issue a subpoena for, or on behalf
of, any other element of the intelligence community, including the Office
of the Director of National Intelligence.
`(D) In the case of contumacy or refusal to obey a subpoena issued under
this paragraph, the subpoena shall be enforceable by order of any appropriate
district court of the United States.
`(g) Coordination Among Inspectors General of Intelligence Community-
(1)(A) In the event of a matter within the jurisdiction of the Inspector
General of the Intelligence Community that may be subject to an investigation,
inspection, or audit by both the Inspector General of the Intelligence
Community and an Inspector General, whether statutory or administrative,
with oversight responsibility for an element or elements of the intelligence
community, the Inspector General of the Intelligence Community and such
other Inspector or Inspectors General shall expeditiously resolve the
question of which Inspector General shall conduct such investigation,
inspection, or audit.
`(B) In attempting to resolve a question under subparagraph (A), the
Inspectors General concerned may request the assistance of the Intelligence
Community Inspectors General Forum established under subparagraph (C).
In the event of a dispute between an Inspector General within an agency
or department of the United States Government and the Inspector General
of the Intelligence Community that has not been resolved with the assistance
of the Forum, the Inspectors General shall submit the question to the
Director of National Intelligence and the head of the agency or department
for resolution.
`(C) There is established the Intelligence Community Inspectors General
Forum which shall consist of all statutory or administrative Inspectors
General with oversight responsibility for an element or elements of
the intelligence community. The Inspector General of the Intelligence
Community shall serve as the chair of the Forum. The Forum shall have
no administrative authority over any Inspector General, but shall serve
as a mechanism for informing its members of the work of individual members
of the Forum that may be of common interest and discussing questions
about jurisdiction or access to employees, employees of a contractor,
records, audits, reviews, documents, recommendations, or other materials
that may involve or be of assistance to more than 1 of its members.
`(2) The Inspector General conducting an investigation, inspection,
or audit covered by paragraph (1) shall submit the results of such investigation,
inspection, or audit to any other Inspector General, including the Inspector
General of the Intelligence Community, with jurisdiction to conduct
such investigation, inspection, or audit who did not conduct such investigation,
inspection, or audit.
`(h) Staff and Other Support- (1) The Inspector General of the Intelligence
Community shall be provided with appropriate and adequate office space
at central and field office locations, together with such equipment,
office supplies, maintenance services, and communications facilities
and services as may be necessary for the operation of such offices.
`(2)(A) Subject to applicable law and the policies of the Director of
National Intelligence, the Inspector General shall select, appoint,
and employ such officers and employees as may be necessary to carry
out the functions of the Inspector General. The Inspector General shall
ensure that any officer or employee so selected, appointed, or employed
has security clearances appropriate for the assigned duties of such
officer or employee.
`(B) In making selections under subparagraph (A), the Inspector General
shall ensure that such officers and employees have the requisite training
and experience to enable the Inspector General to carry out the duties
of the Inspector General effectively.
`(C) In meeting the requirements of this paragraph, the Inspector General
shall create within the Office of the Inspector General of the Intelligence
Community a career cadre of sufficient size to provide appropriate continuity
and objectivity needed for the effective performance of the duties of
the Inspector General.
`(3)(A) Subject to the concurrence of the Director, the Inspector General
may request such information or assistance as may be necessary for carrying
out the duties and responsibilities of the Inspector General from any
department, agency, or other element of the United States Government.
`(B) Upon request of the Inspector General for information or assistance
under subparagraph (A), the head of the department, agency, or element
concerned shall, insofar as is practicable and not in contravention
of any existing statutory restriction or regulation of the department,
agency, or element, furnish to the Inspector General, or to an authorized
designee, such information or assistance.
`(C) The Inspector General of the Intelligence Community may, upon reasonable
notice to the head of any element of the intelligence community, conduct,
as authorized by this section, an investigation, inspection, or audit
of such element and may enter into any place occupied by such element
for purposes of the performance of the duties of the Inspector General.
`(i) Reports- (1)(A) The Inspector General of the Intelligence Community
shall, not later than January 31 and July 31 of each year, prepare and
submit to the Director of National Intelligence a classified, and, as
appropriate, unclassified semiannual report summarizing the activities
of the Office of the Inspector General of the Intelligence Community
during the immediately preceding 6-month period ending December 31 (of
the preceding year) and June 30, respectively. The Inspector General
of the Intelligence Community shall provide any portion of the report
involving a component of a department of the United States Government
to the head of that department simultaneously with submission of the
report to the Director of National Intelligence.
`(B) Each report under this paragraph shall include, at a minimum, the
following:
`(i) A list of the title or subject of each investigation, inspection,
or audit conducted during the period covered by such report, including
a summary of the progress of each particular investigation, inspection,
or audit since the preceding report of the Inspector General under
this paragraph.
`(ii) A description of significant problems, abuses, and deficiencies
relating to the administration and implementation of programs and
operations of the intelligence community, and in the relationships
between elements of the intelligence community, identified by the
Inspector General during the period covered by such report.
`(iii) A description of the recommendations for corrective or disciplinary
action made by the Inspector General during the period covered by
such report with respect to significant problems, abuses, or deficiencies
identified in clause (ii).
`(iv) A statement whether or not corrective or disciplinary action
has been completed on each significant recommendation described in
previous semiannual reports, and, in a case where corrective action
has been completed, a description of such corrective action.
`(v) A certification whether or not the Inspector General has had
full and direct access to all information relevant to the performance
of the functions of the Inspector General.
`(vi) A description of the exercise of the subpoena authority under
subsection (f)(5) by the Inspector General during the period covered
by such report.
`(vii) Such recommendations as the Inspector General considers appropriate
for legislation to promote economy, efficiency, and effectiveness
in the administration and implementation of matters within the responsibility
and authority of the Director of National Intelligence, and to detect
and eliminate fraud and abuse in such matters.
`(C) Not later than the 30 days after the date of receipt of a report
under subparagraph (A), the Director shall transmit the report to the
congressional intelligence committees together with any comments the
Director considers appropriate. The Director shall transmit to the committees
of the Senate and of the House of Representatives with jurisdiction
over a department of the United States Government any portion of the
report involving a component of such department simultaneously with
submission of the report to the congressional intelligence committees.
`(2)(A) The Inspector General shall report immediately to the Director
whenever the Inspector General becomes aware of particularly serious
or flagrant problems, abuses, or deficiencies relating to matters within
the responsibility and authority of the Director of National Intelligence.
`(B) The Director shall transmit to the congressional intelligence committees
each report under subparagraph (A) within 7 calendar days of receipt
of such report, together with such comments as the Director considers
appropriate. The Director shall transmit to the committees of the Senate
and of the House of Representatives with jurisdiction over a department
of the United States Government any portion of each report under subparagraph
(A) that involves a problem, abuse, or deficiency related to a component
of such department simultaneously with transmission of the report to
the congressional intelligence committees.
`(A) the Inspector General is unable to resolve any differences with
the Director affecting the execution of the duties or responsibilities
of the Inspector General;
`(B) an investigation, inspection, or audit carried out by the Inspector
General focuses on any current or former intelligence community official
who--
`(i) holds or held a position in an element of the intelligence
community that is subject to appointment by the President, whether
or not by and with the advice and consent of the Senate, including
such a position held on an acting basis;
`(ii) holds or held a position in an element of the intelligence
community, including a position held on an acting basis, that is
appointed by the Director of National Intelligence; or
`(iii) holds or held a position as head of an element of the intelligence
community or a position covered by subsection (b) or (c) of section
106;
`(C) a matter requires a report by the Inspector General to the Department
of Justice on possible criminal conduct by a current or former official
described in subparagraph (B);
`(D) the Inspector General receives notice from the Department of
Justice declining or approving prosecution of possible criminal conduct
of any current or former official described in subparagraph (B); or
`(E) the Inspector General, after exhausting all possible alternatives,
is unable to obtain significant documentary information in the course
of an investigation, inspection, or audit,
the Inspector General shall immediately notify and submit a report on
such matter to the congressional intelligence committees.
`(4) Pursuant to title V, the Director shall submit to the congressional
intelligence committees any report or findings and recommendations of
an investigation, inspection, or audit conducted by the office which
has been requested by the Chairman or Vice Chairman or Ranking Minority
Member of either committee.
`(5)(A) An employee of an element of the intelligence community, an
employee assigned or detailed to an element of the intelligence community,
or an employee of a contractor to the intelligence community who intends
to report to Congress a complaint or information with respect to an
urgent concern may report such complaint or information to the Inspector
General.
`(B) Not later than the end of the 14-calendar day period beginning
on the date of receipt from an employee of a complaint or information
under subparagraph (A), the Inspector General shall determine whether
the complaint or information appears credible. Upon making such a determination,
the Inspector General shall transmit to the Director a notice of that
determination, together with the complaint or information.
`(C) Upon receipt of a transmittal from the Inspector General under
subparagraph (B), the Director shall, within 7 calendar days of such
receipt, forward such transmittal to the congressional intelligence
committees, together with any comments the Director considers appropriate.
`(D)(i) If the Inspector General does not find credible under subparagraph
(B) a complaint or information submitted under subparagraph (A), or
does not transmit the complaint or information to the Director in accurate
form under subparagraph (B), the employee (subject to clause (ii)) may
submit the complaint or information to Congress by contacting either
or both of the congressional intelligence committees directly.
`(ii) An employee may contact the intelligence committees directly as
described in clause (i) only if the employee--
`(I) before making such a contact, furnishes to the Director, through
the Inspector General, a statement of the employee's complaint or
information and notice of the employee's intent to contact the congressional
intelligence committees directly; and
`(II) obtains and follows from the Director, through the Inspector
General, direction on how to contact the intelligence committees in
accordance with appropriate security practices.
`(iii) A member or employee of 1 of the congressional intelligence committees
who receives a complaint or information under clause (i) does so in
that member or employee's official capacity as a member or employee
of such committee.
`(E) The Inspector General shall notify an employee who reports a complaint
or information to the Inspector General under this paragraph of each
action taken under this paragraph with respect to the complaint or information.
Such notice shall be provided not later than 3 days after any such action
is taken.
`(F) An action taken by the Director or the Inspector General under
this paragraph shall not be subject to judicial review.
`(G) In this paragraph, the term `urgent concern' means any of the following:
`(i) A serious or flagrant problem, abuse, violation of law or Executive
order, or deficiency relating to the funding, administration, or operation
of an intelligence activity involving classified information, but
does not include differences of opinions concerning public policy
matters.
`(ii) A false statement to Congress, or a willful withholding from
Congress, on an issue of material fact relating to the funding, administration,
or operation of an intelligence activity.
`(iii) An action, including a personnel action described in section
2302(a)(2)(A) of title 5, United States Code, constituting reprisal
or threat of reprisal prohibited under subsection (f)(3)(B) of this
section in response to an employee's reporting an urgent concern in
accordance with this paragraph.
`(H) In support of this paragraph, Congress makes the findings set forth
in paragraphs (1) through (6) of section 701(b) of the Intelligence
Community Whistleblower Protection Act of 1998 (title VII of Public
Law 105-272; 5 U.S.C. App. 8H note).
`(6) In accordance with section 535 of title 28, United States Code,
the Inspector General shall report to the Attorney General any information,
allegation, or complaint received by the Inspector General relating
to violations of Federal criminal law that involves a program or operation
of an element of the intelligence community, or in the relationships
between the elements of the intelligence community, consistent with
such guidelines as may be issued by the Attorney General pursuant to
subsection (b)(2) of such section. A copy of each such report shall
be furnished to the Director.
`(j) Separate Budget Account- The Director of National Intelligence
shall, in accordance with procedures to be issued by the Director in
consultation with the congressional intelligence committees, include
in the National Intelligence Program budget a separate account for the
Office of Inspector General of the Intelligence Community.
`(k) Construction of Duties Regarding Elements of Intelligence Community-
Except as resolved pursuant to subsection (g), the performance by the
Inspector General of the Intelligence Community of any duty, responsibility,
or function regarding an element of the intelligence community shall
not be construed to modify or effect the duties and responsibilities
of any other Inspector General, whether statutory or administrative,
having duties and responsibilities relating to such element.'.
(2) CLERICAL AMENDMENT- The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after
the item relating to section 103G the following new item:
`Sec. 103H. Inspector General of the Intelligence Community.'.
(b) Repeal of Superseded Authority To Establish Position- Section 8K
of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.
(c) Executive Schedule Level IV- Section 5315 of title 5, United States
Code, is amended by adding at the end the following new item:
`Inspector General of the Intelligence Community.'.
SEC. 408. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
(a) Establishment- Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.), as amended by section 407 of this Act, is further
amended by inserting after section 103H, as added by section 407, the
following new section:
`CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY
`Sec. 103I. (a) Chief Financial Officer of the Intelligence Community-
To assist the Director of National Intelligence in carrying out the
responsibilities of the Director under this Act and other applicable
provisions of law, there shall be within the Office of the Director
of National Intelligence a Chief Financial Officer of the Intelligence
Community who shall be appointed by the Director.
`(b) Duties and Responsibilities- Subject to the direction of the Director
of National Intelligence, the Chief Financial Officer of the Intelligence
Community shall--
`(1) serve as the principal advisor to the Director of National Intelligence
and the Principal Deputy Director of National Intelligence on the
management and allocation of intelligence community budgetary resources;
`(2) establish and oversee a comprehensive and integrated strategic
process for resource management within the intelligence community;
`(3) ensure that the strategic plan of the Director of National Intelligence--
`(A) is based on budgetary constraints as specified in the Future
Year Intelligence Plans and Long-term Budget Projections required
by this Act; and
`(B) contains specific goals and objectives to support a performance-based
budget;
`(A) current and future major system acquisitions have validated
national requirements for meeting the strategic plan of the Director;
and
`(B) such requirements are prioritized based on budgetary constraints,
as specified in the Future Year Intelligence Plans and the Long-term
Intelligence Projections required by this Act;
`(5) prior to the obligation or expenditure of funds for the acquisition
of any major system pursuant to a Milestone A or Milestone B decision,
determine that such acquisition complies with the requirements of
paragraph (4);
`(6) ensure that the architectures of the Director are based on budgetary
constraints as specified in the Future Year Intelligence Plans and
the Long-term Budget Projections required by this Act;
`(7) coordinate or approve representations made to Congress by the
intelligence community regarding National Intelligence Program budgetary
resources;
`(8) preside, or assist in presiding, over any mission requirements,
acquisition, or architectural board formed within or by the Office
of the Director of National Intelligence; and
`(9) perform such other duties as may be prescribed by the Director
of National Intelligence or specified by law.
`(c) Other Law- The Chief Financial Officer of the Intelligence Community
shall serve as the Chief Financial Officer of the intelligence community
and, to the extent applicable, shall have the duties, responsibilities,
and authorities specified in the Chief Financial Officers Act of 1990
(Public Law 101-576; 104 Stat. 2823) and the amendments made by that
Act.
`(d) Prohibition on Simultaneous Service as Other Chief Financial Officer-
An individual serving in the position of Chief Financial Officer of
the Intelligence Community may not, while so serving, serve as the chief
financial officer of any other department or agency, or component thereof,
of the United States Government.
`(e) Definitions- In this section:
`(1) The term `major system' has the meaning given that term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
`(2) The term `Milestone A' means a decision to enter into concept
refinement and technology maturity demonstration pursuant to guidance
issued by the Director of National Intelligence.
`(3) The term `Milestone B' means a decision to enter into system
development, integration, and demonstration pursuant to guidance prescribed
by the Director of National Intelligence.'.
(b) Clerical Amendment- The table of contents in the first section of
the National Security Act of 1947, as amended by section 407, is further
amended by inserting after the item relating to section 103H, as added
by section 407(a)(2) the following new item:
`Sec. 103I. Chief Financial Officer of the Intelligence Community.'.
SEC. 409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
(a) National Counter Proliferation Center- Section 119A(a) of the National
Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
(1) by striking `(a) Establishment- Not later than 18 months after
the date of the enactment of the National Security Intelligence Reform
Act of 2004, the' and inserting the following:
`(1) ESTABLISHMENT- The'; and
(2) by adding at the end the following new paragraphs:
`(2) DIRECTOR- The head of the National Counter Proliferation Center
shall be the Director of the National Counter Proliferation Center,
who shall be appointed by the Director of National Intelligence.
`(3) LOCATION- The National Counter Proliferation Center shall be
located within the Office of the Director of National Intelligence.'.
(b) Officers- Section 103(c) of that Act (50 U.S.C. 403-3(c)) is amended--
(1) by redesignating paragraph (9) as paragraph (13); and
(2) by inserting after paragraph (8) the following new paragraphs:
`(9) The Chief Information Officer of the Intelligence Community.
`(10) The Inspector General of the Intelligence Community.
`(11) The Director of the National Counterterrorism Center.
`(12) The Director of the National Counter Proliferation Center.
`(13) Chief Financial Officer of the Intelligence Community.'.
SEC. 410. NATIONAL SPACE INTELLIGENCE OFFICE.
(1) IN GENERAL- Title I of the National Security Act of 1947 (50 U.S.C.
401 et seq.) is amended by adding at the end the following new section:
`NATIONAL SPACE INTELLIGENCE OFFICE
`Sec. 119C. (a) Establishment- There is established within the Office
of the Director of National Intelligence a National Space Intelligence
Office.
`(b) Director of National Space Intelligence Office- The National Intelligence
Officer for Science and Technology, or a successor position designated
by the Director of National Intelligence, shall act as the Director
of the National Space Intelligence Office.
`(c) Missions- The National Space Intelligence Office shall have the
following missions:
`(1) To coordinate and provide policy direction for the management
of space-related intelligence assets.
`(2) To prioritize collection activities consistent with the National
Intelligence Collection Priorities framework, or a successor framework
or other document designated by the Director of National Intelligence.
`(3) To provide policy direction for programs designed to ensure a
sufficient cadre of government and nongovernment personnel in fields
relating to space intelligence, including programs to support education,
recruitment, hiring, training, and retention of qualified personnel.
`(4) To evaluate independent analytic assessments of threats to classified
United States space intelligence systems throughout all phases of
the development, acquisition, and operation of such systems.
`(d) Access to Information- The Director of National Intelligence shall
ensure that the National Space Intelligence Office has access to all
national intelligence information (as appropriate), and such other information
(as appropriate and practical), necessary for the Office to carry out
the missions of the Office under subsection (c).
`(e) Separate Budget Account- The Director of National Intelligence
shall include in the National Intelligence Program budget a separate
line item for the National Space Intelligence Office.'.
(2) CLERICAL AMENDMENT- The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after
the item relating to section 119B the following new item:
`Sec. 119C. National Space Intelligence Office.'.
(b) Report on Organization of Office-
(1) REPORT REQUIRED- Not later than 180 days after the date of the
enactment of this Act, the Director of the National Space Intelligence
Office shall submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of the House
of Representatives a report on the organizational structure of the
National Space Intelligence Office established by section 119C of
the National Security Act of 1947 (as added by subsection (a)).
(2) ELEMENTS- The report required by paragraph (1) shall include the
following:
(A) The proposed organizational structure of the National Space
Intelligence Office.
(B) An identification of key participants in the Office.
(C) A strategic plan for the Office during the 5-year period beginning
on the date of the report.
SEC. 411. OPERATIONAL FILES IN 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:
`OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
`Sec. 706. (a) Records From Exempted Operational Files- (1) Any record
disseminated or otherwise provided to an element of the Office of the
Director of National Intelligence from the exempted operational files
of elements of the intelligence community designated in accordance with
this title, and any operational files created by the Office of the Director
of National Intelligence that incorporate such record in accordance
with subparagraph (A)(ii), shall be exempted from the provisions of
section 552 of title 5, United States Code, that require search, review,
publication, or disclosure in connection therewith, in any instance
in which--
`(A)(i) such record is shared within the Office of the Director of
National Intelligence and not disseminated by that Office beyond that
Office; or
`(ii) such record is incorporated into new records created by personnel
of the Office of the Director of National Intelligence and maintained
in operational files of the Office of the Director of National Intelligence
and such record is not disseminated by that Office beyond that Office;
and
`(B) the operational files from which such record has been obtained
continue to remain designated as operational files exempted from section
552 of title 5, United States Code.
`(2) The operational files of the Office of the Director of National
Intelligence referred to in paragraph (1)(A)(ii) shall be substantially
similar in nature to the originating operational files from which the
record was disseminated or provided, as such files are defined in this
title.
`(3) Records disseminated or otherwise provided to the Office of the
Director of National Intelligence from other elements of the intelligence
community that are not protected by paragraph (1), and that are authorized
to be disseminated beyond the Office of the Director of National Intelligence,
shall remain subject to search and review under section 552 of title
5, United States Code, but may continue to be exempted from the publication
and disclosure provisions of that section by the originating agency
to the extent that such section permits.
`(4) Notwithstanding any other provision of this title, records in the
exempted operational files of the Central Intelligence Agency, the National
Geospatial-Intelligence Agency, the National Reconnaissance Office,
the National Security Agency, or the Defense Intelligence Agency shall
not be subject to the search and review provisions of section 552 of
title 5, United States Code, solely because they have been disseminated
to an element or elements of the Office of the Director of National
Intelligence, or referenced in operational files of the Office of the
Director of National Intelligence and that are not disseminated beyond
the Office of the Director of National Intelligence.
`(5) Notwithstanding any other provision of this title, the incorporation
of records from the operational files of the Central Intelligence Agency,
the National Geospatial-Intelligence Agency, the National Reconnaissance
Office, the National Security Agency, or the Defense Intelligence Agency,
into operational files of the Office of the Director of National Intelligence
shall not subject that record or the operational files of the Central
Intelligence Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, the National Security Agency or the
Defense Intelligence Agency to the search and review provisions of section
552 of title 5, United States Code.
`(b) Other Records- (1) Files in the Office of the Director of National
Intelligence that are not exempted under subsection (a) of this section
which contain information derived or disseminated from exempted operational
files shall be subject to search and review under section 552 of title
5, United States Code.
`(2) The inclusion of information from exempted operational files in
files of the Office of the Director of National Intelligence that are
not exempted under subsection (a) shall not affect the exemption of
the originating operational files from search, review, publication,
or disclosure.
`(3) Records from exempted operational files of the Office of the Director
of National Intelligence which have been disseminated to and referenced
in files that are not exempted under subsection (a), and which have
been returned to exempted operational files of the Office of the Director
of National Intelligence for sole retention, shall be subject to search
and review.
`(c) Search and Review for Certain Purposes- Notwithstanding subsection
(a), exempted operational files shall continue to be subject to search
and review for information concerning any of the following:
`(1) United States citizens or aliens lawfully admitted for permanent
residence who have requested information on themselves pursuant to
the provisions of section 552 or 552a of title 5, United States Code.
`(2) Any special activity the existence of which is not exempt from
disclosure under the provisions of section 552 of title 5, United
States Code.
`(3) The specific subject matter of an investigation by any of the
following for any impropriety, or violation of law, Executive order,
or Presidential directive, in the conduct of an intelligence activity:
`(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 operational files exempted under subsection (a) to determine whether
such files, or any portion of such files, may be removed from the category
of exempted files.
`(2) The review required by paragraph (1) shall include consideration
of the historical value or other public interest in the subject matter
of the particular category of files or portions thereof and the potential
for declassifying a significant part of the information contained therein.
`(3) A complainant that alleges that the Director of National Intelligence
has improperly withheld records because of failure to comply with this
subsection may seek judicial review in the district court of the United
States of the district in which any of the parties reside, or in the
District of Columbia. In such a proceeding, the court's review shall
be limited to determining the following:
`(A) Whether the Director has conducted the review required by paragraph
(1) before the expiration of the 10-year period beginning on the date
of the enactment of the Intelligence Authorization Act for Fiscal
Year 2009 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) Applicability- The Director of National Intelligence will publish
a regulation listing the specific elements within the Office of the
Director of National Intelligence whose records can be exempted from
search and review under this section.
`(g) 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 of the Director of National Intelligence 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 of the Director of National
Intelligence, 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) When a complainant alleges that requested records are improperly
withheld because of improper placement solely in exempted operational
files, the complainant shall support such allegation with a sworn
written submission based upon personal knowledge or otherwise admissible
evidence.
`(D)(i) When a complainant alleges that requested records were improperly
withheld because of improper exemption of operational files, the Office
of the Director of National Intelligence shall meet its burden under
section 552(a)(4)(B) of title 5, United States Code, by demonstrating
to the court by sworn written submission that exempted operational
files likely to contain responsive records currently meet the criteria
set forth in subsection (a).
`(ii) The court may not order the Office of the Director of National
Intelligence to review the content of any exempted operational file
or files in order to make the demonstration required under clause
(i), unless the complainant disputes the Office's showing with a sworn
written submission based on personal knowledge or otherwise admissible
evidence.
`(E) In proceedings under subparagraph (C) or (D), 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.
`(F) If the court finds under this subsection that the Office of the
Director of National Intelligence has improperly withheld requested
records because of failure to comply with any provision of this section,
the court shall order the Office to search and review the appropriate
exempted operational file or files for the requested records and make
such records, or portions thereof, available in accordance with the
provisions of section 552 of title 5, United States Code, and such
order shall be the exclusive remedy for failure to comply with this
section.
`(G) If at any time following the filing of a complaint pursuant to
this paragraph the Office of the Director of National Intelligence
agrees to search the appropriate exempted operational file or files
for the requested records, the court shall dismiss the claim based
upon such complaint.'.
(b) Clerical Amendment- The table of contents in the first section of
the National Security Act of 1947 is amended by inserting after the
item relating to section 705 the following new item:
`Sec. 706. Operational files in the Office of the Director of National
Intelligence.'.
SEC. 412. 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. 413. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON RETIREMENT BENEFITS
FOR FORMER EMPLOYEES OF AIR AMERICA.
(a) In General- Not later than 120 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to Congress
a report on the advisability of providing Federal retirement benefits
to United States citizens for the service of such individuals before
1977 as employees of Air America or an associated company while such
company was owned or controlled by the United States Government and
operated or managed by the Central Intelligence Agency.
(1) IN GENERAL- The report required by subsection (a) shall include
the following:
(A) The history of Air America and associated companies before 1977,
including a description of--
(i) the relationship between such companies and the Central Intelligence
Agency and other elements of the United States Government;
(ii) the workforce of such companies;
(iii) the missions performed by such companies and their employees
for the United States; and
(iv) the casualties suffered by employees of such companies in
the course of their employment with such companies.
(B) A description of the retirement benefits contracted for or promised
to the employees of such companies before 1977, the contributions
made by such employees for such benefits, the retirement benefits
actually paid such employees, the entitlement of such employees
to the payment of future retirement benefits, and the likelihood
that former employees of such companies will receive any future
retirement benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former employees of such companies
have received or will receive by virtue of their employment with
such companies; and
(ii) the retirement benefits that such employees would have received
and in the future receive if such employees had been, or would
now be, treated as employees of the United States whose services
while in the employ of such companies had been or would now be
credited as Federal service for the purpose of Federal retirement
benefits.
(D) Any recommendations regarding the advisability of legislative
action to treat employment at such companies as Federal service
for the purpose of Federal retirement benefits in light of the relationship
between such companies and the United States Government and the
services and sacrifices of such employees to and for the United
States, and if legislative action is considered advisable, a proposal
for such action and an assessment of its costs.
(2) OTHER CONTENT- The Director of National Intelligence shall include
in the report any views of the Director of the Central Intelligence
Agency on the matters covered by the report that the Director of the
Central Intelligence Agency considers appropriate.
(c) Assistance of Comptroller General- The Comptroller General of the
United States shall, upon the request of the Director of National Intelligence
and in a manner consistent with the protection of classified information,
assist the Director in the preparation of the report required by subsection
(a).
(d) Form- The report required by subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(e) Definitions- In this section:
(1) AIR AMERICA- The term `Air America' means Air America, Incorporated.
(2) ASSOCIATED COMPANY- The term `associated company' means any company
associated with or subsidiary to Air America, including Air Asia Company
Limited and the Pacific Division of Southern Air Transport, Incorporated.
SEC. 414. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF
THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Repeal of Certain Authorities- Section 904 of the Counterintelligence
Enhancement Act of 2002 (title IX of Public Law 107-306; 50 U.S.C. 402c)
is amended--
(1) by striking subsections (d), (h), (i), and (j);
(2) by redesignating subsections (e), (f), (g), (k), (l), and (m)
as subsections (d), (e), (f), (g), (h), and (i), respectively; and
(3) in subsection (f), as redesignated by paragraph (2), by striking
paragraphs (3) and (4).
(b) Conforming Amendments- Such section 904 is further amended--
(1) in subsection (d), as redesignated by subsection (a)(2) of this
section, by striking `subsection (f)' each place it appears in paragraphs
(1) and (2) and inserting `subsection (e)'; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking `subsection (e)(1)' and inserting
`subsection (d)(1)'; and
(B) in paragraph (2), by striking `subsection (e)(2)' and inserting
`subsection (d)(2)'.
SEC. 415. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF NATIONAL
INTELLIGENCE AND THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
Subsection (j) of section 552a of title 5, United States Code, is amended--
(1) in paragraph (1), by striking `or';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new paragraph:
`(2) maintained by the Office of the Director of National Intelligence;
or'.
SEC. 416. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY
COMMITTEES OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
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.'.
Subtitle B--Central Intelligence Agency
SEC. 421. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY OF REQUIREMENT FOR ANNUAL REPORT ON PROGRESS IN AUDITABLE FINANCIAL
STATEMENTS.
Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-1)
is amended by striking `the Director of the Central Intelligence Agency,'.
SEC. 422. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE PERSONNEL
OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General- Section 5(a)(4) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403f(a)(4)) is amended--
(1) by inserting `(A)' after `(4)';
(2) in subparagraph (A), as so designated--
(A) by striking `and the protection' and inserting `the protection';
and
(B) by striking the semicolon and inserting `, 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; and'; and
(3) by adding at the end the following new subparagraph:
`(B) Authorize personnel engaged in the performance of protective
functions authorized pursuant to subparagraph (A), when engaged in,
and in furtherance of, the performance of such functions, to make
arrests without warrant for any offense against the United States
committed in the presence of such personnel, or for any felony cognizable
under the laws of the United States, if such personnel have reasonable
grounds to believe that the person to be arrested has committed or
is committing such felony, except that any authority pursuant to this
subparagraph may be exercised only in accordance with guidelines approved
by the Director and the Attorney General and such personnel may not
exercise any authority for the service of civil process or for the
investigation of criminal offenses;'.
(b) Requirement To Report- As soon as possible after the date of an
exercise of authority under subparagraph (B) of section 5(a)(4) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(4)), as added
by subsection (a)(3), and not later than 10 days after such date, the
Director of the Central Intelligence Agency shall submit to the congressional
intelligence committees a report describing such exercise of authority.
SEC. 423. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN CENTRAL
INTELLIGENCE AGENCY POSITIONS.
Section 17(d)(3)(B)(ii) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(d)(3)(B)(ii)) is amended--
(1) in subclause (I), by striking `Executive Director' and inserting
`Associate Deputy Director';
(2) in subclause (II), by striking `Deputy Director for Operations'
and inserting `Director of the National Clandestine Service';
(3) in subclause (III), by striking `Deputy Director for Intelligence'
and inserting `Director of Intelligence';
(4) in subclause (IV), by striking `Deputy Director for Administration'
and inserting `Director of Support'; and
(5) in subclause (V), by striking `Deputy Director for Science and
Technology' and inserting `Director of Science and Technology'.
Subtitle C--Defense Intelligence Components
SEC. 431. ENHANCEMENT OF NATIONAL SECURITY AGENCY TRAINING PROGRAM.
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'.
SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY AGENCY
PROTECTIVE PERSONNEL.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended
by adding at the end the following new section:
`Sec. 21. (a) The Director of the National Security Agency is authorized
to designate personnel of the National Security Agency to perform protective
functions for the Director and for any personnel of the Agency designated
by the Director.
`(b)(1) In the performance of protective functions under this section,
personnel of the Agency designated to perform protective functions pursuant
to subsection (a) are authorized, when engaged in, and in furtherance
of, the performance of such functions, to make arrests without a warrant
for--
`(A) any offense against the United States committed in the presence
of such personnel; or
`(B) any felony cognizable under the laws of the United States if
such personnel have reasonable grounds to believe that the person
to be arrested has committed or is committing such felony.
`(2) The authority in paragraph (1) may be exercised only in accordance
with guidelines approved by the Director and the Attorney General.
`(3) Personnel of the Agency designated to perform protective functions
pursuant to subsection (a) shall not exercise any authority for the
service of civil process or the investigation of criminal offenses.
`(c) Nothing in this section shall be construed to impair or otherwise
affect any authority under any other provision of law relating to the
performance of protective functions.
`(d) As soon as possible after the date of an exercise of authority
under this section and not later than 10 days after such date, the Director
shall submit to the congressional intelligence committees a report describing
such exercise of authority.
`(e) In this section, the term `congressional intelligence committees'
means--
`(1) the Select Committee on Intelligence of the Senate; and
`(2) the Permanent Select Committee on Intelligence of the House of
Representatives.'.
SEC. 433. INSPECTOR GENERAL MATTERS.
(a) Coverage Under Inspector General Act of 1978- Subsection (a)(2)
of section 8G of the Inspector General Act of 1978 (5 U.S.C. App. 8G)
is amended--
(1) by inserting `the Defense Intelligence Agency,' after `the Corporation
for Public Broadcasting,';
(2) by inserting `the National Geospatial-Intelligence Agency,' after
`the National Endowment for the Humanities,'; and
(3) by inserting `the National Reconnaissance Office, the National
Security Agency,' after `the National Labor Relations Board,'.
(b) Certain Designations Under Inspector General Act of 1978- Subsection
(a) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.
8H) is amended by adding at the end the following new paragraph:
`(3) The Inspectors General of the Defense Intelligence Agency, the
National Geospatial-Intelligence Agency, the National Reconnaissance
Office, and the National Security Agency shall be designees of the Inspector
General of the Department of Defense for purposes of this section.'.
(c) Power of Heads of Elements Over Investigations- Subsection (d) of
section 8G of the Inspector General Act of 1978 (5 U.S.C. App. 8G)--
(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 the authority not later than 7 days after the exercise
of the authority.
`(C) At the same time the Secretary submits under subparagraph (B) a
statement on the exercise of the authority in subparagraph (A) to the
committees of Congress specified in subparagraph (E), the Secretary
shall notify the Inspector General of such element of the submittal
of such statement and, to the extent consistent with the protection
of intelligence sources and methods, provide the Inspector General with
a copy of such statement. The Inspector General may submit to such committees
of Congress any comments on a notice or statement received by the Inspector
General under this subparagraph that the Inspector General considers
appropriate.
`(D) The elements of the intelligence community specified in this subparagraph
are as follows:
`(i) The Defense Intelligence Agency.
`(ii) The National Geospatial-Intelligence Agency.
`(iii) The National Reconnaissance Office.
`(iv) The National Security Agency.
`(E) The committees of Congress specified in this subparagraph are--
`(i) the Committee on Armed Services and the Select Committee on Intelligence
of the Senate; and
`(ii) the Committee on Armed Services and the Permanent Select Committee
on Intelligence of the House of Representatives.'.
SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN COMPONENTS
OF THE INTELLIGENCE COMMUNITY.
(a) Director of National Security Agency- The National Security Agency
Act of 1959 (50 U.S.C. 402 note) is amended by inserting after the first
section the following new section:
`Sec. 2. (a) There is a Director of the National Security Agency.
`(b) The Director of the National Security Agency shall be appointed
by the President, by and with the advice and consent of the Senate.
`(c) The Director of the National Security Agency shall be the head
of the National Security Agency and shall discharge such functions and
duties as are provided by this Act or otherwise by law.'.
(b) Director of National Geospatial-Intelligence Agency- Section 441(b)
of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively; and
(2) by inserting after paragraph (1) the following new paragraph (2):
`(2) The Director of the National Geospatial-Intelligence Agency shall
be appointed by the President, by and with the advice and consent of
the Senate.'.
(c) Director of National Reconnaissance Office- The Director of the
National Reconnaissance Office shall be appointed by the President,
by and with the advice and consent of the Senate.
(d) Positions of Importance and Responsibility-
(1) DESIGNATION OF POSITIONS- The President may designate any of the
positions referred to in paragraph (2) as positions of importance
and responsibility under section 601 of title 10, United States Code.
(2) COVERED POSITIONS- The positions referred to in this paragraph
are as follows:
(A) The Director of the National Security Agency.
(B) The Director of the National Geospatial-Intelligence Agency.
(C) The Director of the National Reconnaissance Office.
(e) Effective Date and Applicability-
(1) IN GENERAL- The amendments made by subsections (a) and (b), and
subsection (c), shall take effect on the date of the enactment of
this Act and shall apply upon the earlier of--
(A) the date of the nomination by the President of an individual
to serve in the position concerned, except that the individual serving
in such position as of the date of the enactment of this Act may
continue to perform such duties after such date of nomination and
until the individual appointed to such position, by and with the
advice and consent of the Senate, assumes the duties of such position;
or
(B) the date of the cessation of the performance of the duties of
such position by the individual performing such duties as of the
date of the enactment of this Act.
(2) POSITIONS OF IMPORTANCE AND RESPONSIBILITY- Subsection (d) shall
take effect on the date of the enactment of this Act.
SEC. 435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY FOR ANALYSIS AND DISSEMINATION OF CERTAIN
INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new paragraph (2):
`(2)(A) As directed by the Director of National Intelligence, the National
Geospatial-Intelligence Agency shall also develop a system to facilitate
the analysis, dissemination, and incorporation of likenesses, videos,
and presentations produced by ground-based platforms, including handheld
or clandestine photography taken by or on behalf of human intelligence
collection organizations or available as open-source information, into
the National System for Geospatial Intelligence.
`(B) The authority provided by this paragraph does not include authority
for the National Geospatial-Intelligence Agency to manage tasking of
handheld or clandestine photography taken by or on behalf of human intelligence
collection organizations.'; and
(3) in paragraph (3), as so redesignated, by striking `paragraph (1)'
and inserting `paragraphs (1) and (2)'.
Subtitle D--Other Elements
SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG ENFORCEMENT
ADMINISTRATION AS ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))
is amended--
(1) in subparagraph (H)--
(A) by inserting `the Coast Guard,' after `the Marine Corps,'; and
(B) by inserting `the Drug Enforcement Administration,' after `the
Federal Bureau of Investigation,'; and
(2) in subparagraph (K), by striking `, including the Office of Intelligence
of the Coast Guard'.
TITLE V--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION
SEC. 501. SHORT TITLE.
This title may be cited as the `Foreign Intelligence and Information
Commission Act'.
SEC. 502. DEFINITIONS.
(1) 2005 NATIONAL INTELLIGENCE STRATEGY- The term `2005 National Intelligence
Strategy' means the National Intelligence Strategy of the United States
of America released by the Director of National Intelligence on October
26, 2005.
(2) 2006 ANNUAL REPORT OF THE UNITED STATES INTELLIGENCE COMMUNITY
AND 2006 ANNUAL REPORT- The terms `2006 Annual Report of the United
States Intelligence Community' and `2006 Annual Report' mean the 2006
Annual Report of the United States Intelligence Community released
by the Director of National Intelligence in February 2007.
(3) COMMISSION- The term `Commission' means the Foreign Intelligence
and Information Commission established in section 504(a).
(4) 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.
(5) FOREIGN INTELLIGENCE, INTELLIGENCE, INTELLIGENCE COMMUNITY- The
terms `foreign intelligence', `intelligence', and `intelligence community'
have the meaning given those terms in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a).
(6) INFORMATION- The term `information' includes information of relevance
to the foreign policy of the United States collected and conveyed
through diplomatic reporting and other reporting by personnel of the
Government of the United States who are not employed by an element
of the intelligence community, including public and open-source information.
(7) STRATEGIC PLAN OF THE DEPARTMENT OF STATE- The term `Strategic
Plan of the Department of State' means the Strategic Plan for Fiscal
Years 2007-2012 of the Department of State and the United States Agency
for International Development revised on May 2, 2007.
SEC. 503. FINDINGS.
Congress makes the following findings:
(1) Accurate, timely, and comprehensive foreign intelligence and information
are critical to the national security of United States and the furtherance
of the foreign policy goals of the United States.
(2) It is in the national security and foreign policy interests of
the United States to ensure the global deployment of personnel of
the Government of the United States who are responsible for collecting,
reporting, and analyzing foreign intelligence and information, including
specifically personnel from the intelligence community and the Department
of State, as well as other elements of the Government of the United
States, and that adequate resources are committed to effect such collection,
reporting, and analysis.
(3) The National Security Strategy of the United States of America
issued on March 16, 2006 summarized the National Security Strategy
of the United States of America issued on September 17, 2002 and provided
that `defeating terrorism requires a long-term strategy and a break
with old patterns'.
(4) The National Security Strategy of the United States of America
issued on March 16, 2006 asserts that `our diplomats must be able
to step outside their traditional role to become more involved with
the challenges within other societies, helping them directly, channeling
assistance, and learning from their experience'.
(5) The 2005 National Intelligence Strategy and the 2006 Annual Report
of the United States Intelligence Community identified 5 major missions
of the intelligence community to support the national security requirements
of the United States, the first 2 of which, defeating terrorism and
preventing and countering the spread of weapons of mass destruction,
are global and transnational in nature.
(6) The third major mission identified by the 2005 National Intelligence
Strategy and the 2006 Annual Report, bolstering the growth of democracy
and sustaining peaceful democratic states, requires a global commitment
of intelligence resources.
(7) The 2005 National Intelligence Strategy and the 2006 Annual Report
identify as a major mission the need to `anticipate developments of
strategic concern and identify opportunities as well as vulnerabilities
for decision makers'.
(8) The 2006 Annual Report provides the following:
(A) `In a world in which developments in distant reaches of the
globe can quickly affect American citizens and interests at home
and abroad, the Intelligence Community must alert policy makers
to problems before they escalate and provide insights into their
causes and effects. Analysis must do more than just describe what
is happening and why; it must identify a range of opportunities
for (and likely consequences of) diplomatic, military, law enforcement,
economic, financial, or homeland security action. To support policymakers,
the Intelligence Community should develop, sustain, and maintain
access to expertise on every region, every transnational security
issue, and every threat to the American people.'.
(B) `[I]ntelligence collectors and analysts provide a great deal
of information to help policymakers understand the spread of free
institutions and the perils they often face.'.
(C) `We still need to re-balance, integrate, and optimize collection
capabilities to meet current and future customer and analytic priorities.
Collection is ... what gives the [Intelligence Community] its `competitive
advantage' in protecting the United States and its interests.'.
(D) `One challenge to improving the coverage of emerging and strategic
issues across the Intelligence Community has been the diversion
of resources to current crisis support ...'.
(E) `Collection against terrorists in places like Iraq and Afghanistan
took a substantial share of the [Intelligence Community's] resources
and efforts in FY 2006.'.
(F) `With so many [Intelligence Community] resources dedicated to
the War on Terror and WMD programs in closed regimes, the [Intelligence]
Community's collection efforts still have to devote significant
attention to potential or emerging threats of strategic consequence.'.
(9) On January 23, 2007, the Deputy Director of National Intelligence
for Collection testified to the Select Committee on Intelligence of
the Senate that there is a `need to get the Intelligence Community
back to what I grew up calling global reach', stating that `we don't
have that today'. She further testified that `our challenge is ...
with [Congress's] help [to get back] to a place where we can do global
reach, and pay attention to places that we are not'.
(10) On February 14, 2008, the Director of National Intelligence testified
to the Select Committee on Intelligence of the Senate that `certainly
current crisis support takes a disproportionate share' of intelligence
resources over emerging and strategic issues.
(11) The Strategic Plan of the Department of State--
(A) provides that `National security starts overseas, and our mission
is to create conditions abroad that serve and protect American citizens
and interests.';
(B) provides as a strategic goal that `Our diplomatic and development
activities will reduce the threat or impact of violent conflict
by developing early warning...capability.'; and
(C) establishes that the Department of State will `emphasize regional
solutions to regional problems and sustainable, long-term strategies
to address complex challenges'.
SEC. 504. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.
(a) Establishment- There is established in the legislative branch a
Foreign Intelligence and Information Commission.
(b) Functions- The Commission shall--
(1)(A) evaluate all global strategies of the Government of the United
States to collect foreign intelligence and information, including
public and open source information, based on current and projected
national security and foreign policy priorities; and
(B) provide recommendations to improve the process for formulating
such collection strategies;
(2)(A) evaluate the extent to which the Government of the United States
coordinates foreign intelligence and information collection and analysis
strategies across agencies and clandestine, diplomatic, military,
and open source channels; and
(B) provide recommendations to improve that coordination;
(3)(A) evaluate the extent to which the Government of the United States
directs human and budgetary resources toward foreign intelligence
and information collection and analysis across all agencies and through
the interagency process based on collection and analysis requirements;
and
(B) provide recommendations to ensure that adequate resources are
provided to meet such requirements;
(4)(A) evaluate the extent to which country missions participate in
the interagency strategies and budget allocations for foreign intelligence
and information collection, analysis, and reporting; and
(B) provide recommendations for the relevant role of country missions;
(5)(A) evaluate the extent to which major missions identified in the
2005 National Intelligence Strategy and the 2006 Annual Report of
the United States Intelligence Community, specifically related to
global and transnational issues, have been supported with human and
budgetary resources; and
(B) provide recommendations for directing resources to such missions;
(6)(A) evaluate the extent to which the requirement, stated in 2005
National Intelligence Strategy and the 2006 Annual Report, to provide
policy makers with intelligence and information to anticipate crises
before they occur and respond accordingly has been supported with
sustained human and budgetary resources, particularly in countries
and regions traditionally underserved by the intelligence community;
and
(B) provide recommendations for directing resources to such requirement;
(7)(A) evaluate the extent to which requirements to collect foreign
intelligence and information to anticipate crises or emerging threats
have been met through existing collection and analytical capabilities;
and
(B) provide recommendations for improving the prepositioning of foreign
intelligence and information collection and analytical capabilities
to meet such requirements;
(i) the extent to which foreign intelligence and information collection,
including diplomatic reporting and public and open source information
and analytical resources, have been disproportionately directed
toward current crises, rather than toward predictive analysis; and
(ii) the impact of the allocation of resources on finished intelligence
production and diplomatic reporting; and
(B) provide recommendations for improving collection, reporting, and
analysis of intelligence and information in accordance with the need
for predictive analysis, finished intelligence production, and diplomatic
reporting on emerging and strategic issues and on current crises;
(9)(A) evaluate all existing strategic plans for the collection, reporting,
and analysis of information obtained through diplomatic reporting
by the Department of State and other agencies and departments of the
United States that are not elements of the intelligence community
and the extent to which human and budgetary resources have supported
such plans; and
(B) provide recommendations to improve processes for establishing
such strategies;
(10)(A) evaluate the extent to which out-of-capital embassy posts
of personnel of the Department of State and other agencies and departments
of the United States contribute to information collection objectives;
and
(B) provide recommendations for improving collection, analysis, and
reporting capabilities of such posts or if such posts do not exist,
provide an assessment of whether there is a need for the creation
of such posts;
(11)(A) evaluate the extent to which the requirement, stated in the
Strategic Plan of the Department of State, to provide policy makers
information to anticipate crises before they occur and respond accordingly,
has been supported with sustained human and budgetary resources, particularly
in countries and regions traditionally underserved by the Department
of State staff and posts; and
(B) provide recommendations for directing resources to such requirements;
(12)(A) evaluate the extent to which the elements of the intelligence
community, the Department of State, and other agencies and departments
of the United States have promoted and developed language, cultural
training, and other qualifications for effective collection of foreign
intelligence and information in countries and regions to which the
resources of the intelligence community and the positioning of country
mission personnel have traditionally been limited; and
(B) provide recommendations for improving such language and other
qualifications;
(13)(A) evaluate the capabilities of the Government of the United
States to collect and report on foreign intelligence and information,
including public and open source information, and conduct analysis
with regard to ungoverned and undergoverned countries and regions,
terrorist safe havens, civil and regional conflicts, arms trafficking,
stability, corruption, radicalization and marginalization of specific
groups and human rights and governance concerns; and
(B) provide recommendations to improve collection, reporting, and
analysis with regard to such countries and regions and the issues
described in subparagraph (A);
(14)(A) identify any regional and thematic gaps in foreign intelligence
and information collection, analysis, and reporting; and
(B) provide recommendations to overcome such gaps, including gaps
related to the allocation of human and budgetary resources and processes
for collection, reporting, and analysis of such intelligence and information;
(15)(A) identify impediments to directing human and budgetary resources
toward collection, analysis, and reporting gaps, including the reasons
for, and consequences of, such impediments; and
(B) provide recommendations for overcoming such impediments;
(16)(A) evaluate policies of the elements of the intelligence community,
the Department of State and other agencies and departments of the
United States to ensure sustained deployment of qualified personnel
in remote or hardship areas of strategic significance; and
(B) provide recommendations for improving such policies; and
(17)(A) evaluate processes and mechanisms for reporting of information
from country missions to policy makers and human and budgetary resources
directed toward such reporting; and
(B) provide recommendations to improve such reporting.
SEC. 505. MEMBERS AND STAFF OF THE COMMISSION.
(a) Members of the Commission-
(1) APPOINTMENT- The Commission shall be composed of 14 members as
follows:
(A) Three members appointed by the majority leader of the Senate.
(B) Three members appointed by the minority leader of the Senate.
(C) Three members appointed by the Speaker of the House of Representatives.
(D) Three 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.
(A) IN GENERAL- Members of the Commission shall be individuals who--
(i) are private citizens; and
(I) knowledge and experience in foreign information and intelligence
collection, analysis, and reporting, including clandestine collection
and classified analysis, diplomatic reporting and analysis,
and collection of public and open source information;
(II) knowledge and experience in issues related to the national
security and foreign policy of the United States gained by serving
as a senior official of the Department of State, a member of
the Foreign Service, or an employee or officer of an appropriate
agency or department of the United States or an independent
organization with expertise in the field of international affairs;
or
(III) knowledge and experience with foreign policy decision
making.
(B) DIVERSITY OF EXPERIENCE- The individuals appointed to the Commission
should be selected with a view to establishing diversity of experience
with regard to various geographic regions, functions, and issues.
(3) TIME OF APPOINTMENT- The appointments under subsection (a) shall
be made not later than 60 days after the date of the enactment of
this Act.
(4) TERM OF APPOINTMENT- Members shall be appointed for the life of
the Commission.
(5) VACANCIES- Any vacancy of the Commission shall not affect the
powers of the Commission and shall be filled in the manner in which
the original appointment was made.
(6) CHAIR- The members of the Commission shall designate 1 of the
voting members to serve as the chair of the Commission.
(7) QUORUM- Eight members of the Commission shall constitute a quorum
for purposes of transacting the business of the Commission.
(8) MEETINGS- The Commission shall meet at the call of the chair and
shall meet regularly, not less than once every 3 months, during the
life of the Commission.
(1) IN GENERAL- The chair of the Commission may, without regard to
the civil service laws and regulations, appoint and terminate an executive
director and, in consultation with the executive director, appoint
and terminate such other additional personnel as may be necessary
to enable the Commission to perform its duties. In addition to the
executive director and 1 full-time support staff for the executive
director, there shall be additional staff with relevant intelligence
and foreign policy experience to help support the Commission's work.
(2) SELECTION OF THE EXECUTIVE DIRECTOR- The executive director shall
be selected with the approval of a majority of the members of the
Commission.
(A) EXECUTIVE DIRECTOR- The executive director shall be compensated
at the rate payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(B) STAFF- The chair of the Commission may fix the compensation
of other staff of the Commission without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such personnel
may not exceed the rate payable for level IV of the Executive Schedule
under section 5315 of such title.
(c) Experts and Consultants- This Commission is authorized to procure
temporary or intermittent services of experts and consultants as necessary
to the extent authorized by section 3109 of title 5, United States Code,
at rates not to exceed the maximum annual rate of basic pay payable
under section 5376 of such title.
(d) Staff and Services of Other Agencies or Department of the United
States- Upon the request of the Commission, the head of any agency or
department of the United States may detail, on a reimbursable or nonreimbursable
basis, any of the personnel of that department or agency to the Commission
to assist it in carrying out this Act. The detail of any such personnel
shall be without interruption or loss of civil service or Foreign Service
status or privilege.
(e) Security Clearance- The appropriate agencies or departments of the
United States shall cooperate with the Commission in expeditiously providing
to the members and staff of the Commission appropriate security clearances
to the extent possible pursuant to existing procedures and requirements.
SEC. 506. POWERS AND DUTIES OF THE COMMISSION.
(1) HEARINGS AND EVIDENCE- The Commission may, for the purpose of
carrying out this Act--
(A) hold hearings, sit and act at times and places in the United
States and in countries in which the United States has a diplomatic
presence, take testimony, and receive evidence as the Commission
considers advisable to carry out this Act; and
(B) subject to subsection (b)(1), require, by subpoena or otherwise,
the attendance and testimony of such witnesses and the production
of such books, records, correspondence, memoranda, papers, and documents,
as the Commission considers necessary.
(A) IN GENERAL- A subpoena may be issued under this section only--
(i) by the agreement of the chair of the Commission; and
(ii) by the affirmative vote of 6 members of the Commission.
(B) SIGNATURE- Subject to subparagraph (A), subpoenas issued under
this section may be issued under the signature of the chair or any
member designated by a majority of the Commission and may be served
by any person designated by the chair or by a member designated
by a majority of the Commission.
(A) IN GENERAL- In the case of contumacy or failure to obey a subpoena
issued under this section, the United States district court for
the judicial district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is returnable, may
issue an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the court
as a contempt of that court.
(B) ADDITIONAL ENFORCEMENT- In the case of any failure of any witness
to comply with any subpoena or to testify when summoned under authority
of this section, the Commission may, by majority vote, certify a
statement of fact constituting such failure to the appropriate United
States attorney, who may bring the matter before the grand jury
for its action, under the same statutory authority and procedures
as if the United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the United States
(2 U.S.C. 192 through 194).
(c) Information From Federal Agencies- The Commission may secure directly
from any agency or department of the United States such information
as the Commission considers necessary to carry out this Act. Upon request
of the chair of the Commission, the head of such agency or department
shall furnish such information to the Commission, subject to applicable
law.
(d) Postal Services- The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the United States.
(e) Administrative Support- The Administrator of General Services 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 Act.
(f) Administrative Procedures- The Commission may adopt such rules and
regulations, relating to administrative procedure, as may be reasonably
necessary to enable it to carry out this Act.
(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 Act.
(2) EXPENSES- Members of the Commission shall serve without pay but
shall be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(h) Gifts- No member of the Commission may receive a gift or benefit
by reason of such member's service on the Commission.
SEC. 507. REPORT OF THE COMMISSION.
(1) INTERIM REPORT- Not later than 18 months after the members of
the Commission are appointed under section 505(a), the Commission
shall submit an interim report to the congressional intelligence committees
setting forth the preliminary findings and recommendations of the
Commission described in section 504(b).
(2) FINAL REPORT- Not later than 6 months after the submission of
the report required by paragraph (1), the Commission shall submit
a final report setting forth the final findings and recommendations
of the Commission described in section 504(b) to the following:
(B) The Director of National Intelligence.
(C) The Secretary of State.
(D) The congressional intelligence committees.
(b) Individual or Dissenting Views- Each member of the Commission may
include that member's dissenting views in a report required by paragraph
(1) or (2) of subsection (a).
(c) Form of Report- The reports required by paragraphs (1) and (2) of
subsection (a), including any finding or recommendation of such report,
shall be submitted in both an unclassified and a classified form.
SEC. 508. TERMINATION.
The Commission shall terminate 60 days after the submission of the report
required by section 507(a)(2).
SEC. 509. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Commission.
SEC. 510. FUNDING.
(a) Transfer From the National Intelligence Program- Of the amounts
available for the National Intelligence Program for fiscal year 2009,
$5,000,000 shall be available for transfer to the Commission to carry
out this title.
(b) Availability- The amounts made available to the Commission pursuant
to subsection (a) shall remain available until the termination of the
Commission.
TITLE VI--TECHNICAL AMENDMENTS
SEC. 601. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE AGENCY ACT
OF 1949.
Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403f(a)(1)) is amended by striking `authorized under paragraphs (2)
and (3) of section 102(a), subsections (c)(7) and (d) of section 103,
subsections (a) and (g) of section 104, and section 303 of the National
Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7), (d), 403-4(a),
(g), and 405)' and inserting `authorized under section 104A of the National
Security Act of 1947 (50 U.S.C. 403-4a).'.
SEC. 602. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL
INTELLIGENCE PROGRAM.
(a) In General- Subsection (a) of section 1403 of the National Defense
Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is amended--
(1) in the heading, by striking `Foreign'; and
(2) by striking `foreign' each place it appears.
(b) Responsibility of Director of National Intelligence- That section
is further amended--
(1) in subsections (a) and (c), by striking `Director of Central Intelligence'
and inserting `Director of National Intelligence'; and
(2) in subsection (b), by inserting `of National Intelligence' after
`Director'.
(c) Conforming Amendment- The heading of that section is amended to
read as follows:
`SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.'.
SEC. 603. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT MILITARY
INTELLIGENCE PROGRAM AND TACTICAL INTELLIGENCE AND RELATED ACTIVITIES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended--
(1) in subsection (c)(3)(A), by striking `annual budgets for the Joint
Military Intelligence Program and for Tactical Intelligence and Related
Activities' and inserting `annual budget for the Military Intelligence
Program or any successor program or programs'; and
(2) in subsection (d)(1)(B), by striking `Joint Military Intelligence
Program' and inserting `Military Intelligence Program or any successor
program or programs'.
SEC. 604. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended
as follows:
(1) In section 102A (50 U.S.C. 403-1)--
(i) in paragraph (3), by striking `subparagraph (A)' in the matter
preceding subparagraph (A) and inserting `paragraph (1)(A)';
(ii) in paragraph (5)(A), by striking `or personnel' in the matter
preceding clause (i); and
(iii) in paragraph (5)(B), by striking `or agency involved' in
the second sentence and inserting `involved or the Director of
the Central Intelligence Agency (in the case of the Central Intelligence
Agency)';
(B) in subsection (l)(2)(B), by striking `section' and inserting
`paragraph'; and
(C) in subsection (n), by inserting `and Other' after `Acquisition'.
(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by striking
`subsection (h)' and inserting `subsection (i)'.
(3) In section 705(e)(2)(D)(i) (50 U.S.C. 432c(e)(2)(D)(i)), by striking
`responsible' and inserting `responsive'.
SEC. 605. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.
(a) Amendments to National Security Intelligence Reform Act of 2004-
The National Security Intelligence Reform Act of 2004 (title I of Public
Law 108-458; 118 Stat. 3643) is amended as follows:
(1) In section 1016(e)(10)(B) (6 U.S.C. 485(e)(10)(B)), by striking
`Attorney General' the second place it appears and inserting `Department
of Justice'.
(2) In section 1071(e), by striking `(1)'.
(3) In section 1072(b), in the subsection heading by inserting `Agency'
after `Intelligence'.
(b) Other Amendments to Intelligence Reform and Terrorism Prevention
Act of 2004- The Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3638) is amended as follows:
(1) In section 2001 (28 U.S.C. 532 note)--
(A) in subsection (c)(1), by inserting `of' before `an institutional
culture';
(B) in subsection (e)(2), by striking `the National Intelligence
Director in a manner consistent with section 112(e)' and inserting
`the Director of National Intelligence in a manner consistent with
applicable law'; and
(C) in subsection (f), by striking `shall,' in the matter preceding
paragraph (1) and inserting `shall'.
(2) In section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking `the Federal' and inserting `Federal';
and
(B) in paragraph (3), by striking `the specific' and inserting `specific'.
SEC. 606. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II- Section 5313 of title 5, United States
Code, is amended by striking the item relating to the Director of Central
Intelligence and inserting the following new item:
`Director of the Central Intelligence Agency.'.
(b) Executive Schedule Level III- Section 5314 of title 5, United States
Code, is amended by striking the item relating to the Deputy Directors
of Central Intelligence and inserting the following new item:
`Deputy Director of the Central Intelligence Agency.'.
(c) Executive Schedule Level IV- Section 5315 of title 5, United States
Code, is amended by striking the item relating to the General Counsel
of the Office of the National Intelligence Director and inserting the
following new item:
`General Counsel of the Office of the Director of National Intelligence.'.
Calendar No. 730
110th CONGRESS
2d Session
S. 2996
[Report No. 110-333]
A BILL
To authorize appropriations for fiscal year 2009 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency Retirement
and Disability System, and for other purposes.
May 8, 2008
Read twice and placed on the calendar
END
