jurisdiction: US

text:
 111th CONGRESS
 1st Session
 S. 1494
 IN THE SENATE OF THE UNITED
 STATES
 AN ACT
 To authorize appropriations for fiscal year
 2010 for intelligence and intelligence-related activities of the United States
 Government, the Community Management Account, and the Central Intelligence
 Agency Retirement and Disability System, and for other
 purposes.
 1.Short title; table of contents
 (a)Short titleThis Act may be cited as the
 Intelligence Authorization Act for
 Fiscal Year 2010.
 (b)Table of contentsThe table of contents for this Act is as
 follows:
 Sec. 1. Short title;
 table of contents.
 Sec. 2.
 Definitions.
 TITLE I—BUDGET AND
 PERSONNEL AUTHORIZATIONS
 Sec. 101. Authorization of appropriations.
 Sec. 102. Classified
 Schedule of Authorizations.
 Sec. 103. Personnel
 ceiling adjustments.
 Sec. 104.
 Intelligence Community Management Account.
 Sec. 105. Restriction
 on conduct of intelligence activities.
 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 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. Award of rank to members of the Senior National
 Intelligence Service.
 Sec. 305. Annual
 personnel level assessments for the intelligence community.
 Sec. 306. Temporary personnel authorizations for critical
 language training.
 Subtitle B—Education Programs
 Sec. 311. Permanent
 authorization for the Pat Roberts Intelligence Scholars Program.
 Sec. 312.
 Modifications to the Louis Stokes Educational Scholarship Program.
 Sec. 313.
 Intelligence officer education programs.
 Sec. 314. Review and report on education programs.
 Subtitle C—Acquisition Matters
 Sec. 321. Vulnerability assessments of major
 systems.
 Sec. 322. Intelligence community business system
 transformation.
 Sec. 323. Reports on the acquisition of major
 systems.
 Sec. 324. Excessive cost growth of major systems.
 Sec. 325. Future
 budget projections.
 Sec. 326. National Intelligence Program funded
 acquisitions.
 Subtitle
 D—Congressional Oversight, Plans, and Reports
 Sec. 331. General congressional oversight.
 Sec. 332. Improvement of notification of Congress regarding
 intelligence activities of the United States.
 Sec. 333. Requirement to provide legal authority for
 intelligence activities.
 Sec. 334. Additional limitation on availability of funds for
 intelligence and intelligence-related activities.
 Sec. 335. Audits of intelligence community by Government
 Accountability Office.
 Sec. 336. Report on compliance with laws, international
 obligations, and Executive orders on the detention and interrogation activities
 of the intelligence community.
 Sec. 337. Reports on national security threat posed by
 Guantanamo Bay detainees.
 Sec. 338. Report on
 retirement benefits for former employees of Air America.
 Sec. 339. Report and strategic plan on biological
 weapons.
 Sec. 340. Cybersecurity oversight.
 Sec. 341. Repeal or
 modification of certain reporting requirements.
 Subtitle E—Other Matters
 Sec. 351. Extension of authority to delete information about
 receipt and disposition of foreign gifts and decorations.
 Sec. 352.
 Modification of availability of funds for different intelligence
 activities.
 Sec. 353. Limitation on reprogrammings and transfers of
 funds.
 Sec. 354. Protection
 of certain national security information.
 Sec. 355. National Intelligence Program budget
 request.
 Sec. 356. Improving the review authority of the Public Interest
 Declassification Board.
 Sec. 357. Authority
 to designate undercover operations to collect foreign intelligence or
 counterintelligence.
 Sec. 358. Correcting long-standing material
 weaknesses.
 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. Authorities
 for interagency funding.
 Sec. 404. Location of
 the Office of the Director of National Intelligence.
 Sec. 405. Additional
 duties of the Director of Science and Technology.
 Sec. 406. Title and
 appointment 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. Protection of certain
 files of the Office of the Director of National Intelligence.
 Sec. 412. Counterintelligence initiatives for the intelligence
 community.
 Sec. 413.
 Applicability of the Privacy Act to the Director of National Intelligence and
 the Office of the Director of National Intelligence.
 Sec. 414. Inapplicability of Federal Advisory Committee Act to advisory
 committees of the Office of the Director of National Intelligence.
 Sec. 415. Membership
 of the Director of National Intelligence on the Transportation Security
 Oversight Board.
 Sec. 416. Repeal of certain authorities relating to the Office
 of the National Counterintelligence Executive.
 Sec. 417. Misuse of
 the Office of the Director of National Intelligence name, initials, or
 seal.
 Subtitle B—Central
 Intelligence Agency
 Sec. 421. Additional
 functions and authorities for protective personnel of the Central Intelligence
 Agency.
 Sec. 422. Appeals
 from decisions involving contracts of the Central Intelligence
 Agency.
 Sec. 423. Deputy Director of the Central Intelligence
 Agency.
 Sec. 424. Authority
 to authorize travel on a common carrier.
 Sec. 425. Inspector General for the Central Intelligence
 Agency.
 Sec. 426. Budget of the Inspector General for the Central
 Intelligence Agency.
 Sec. 427. Public availability of unclassified versions of
 certain intelligence products.
 Subtitle C—Defense Intelligence Components
 Sec. 431. Inspector general matters.
 Sec. 432.
 Confirmation of appointment of heads of certain components of the intelligence
 community.
 Sec. 433.
 Clarification of national security missions of National Geospatial-Intelligence
 Agency for analysis and dissemination of certain intelligence
 information.
 Sec. 434. Defense
 Intelligence Agency counterintelligence and expenditures.
 Subtitle D—Other
 Elements
 Sec. 441.
 Codification of additional elements of the intelligence community.
 Sec. 442. Authorization of appropriations for Coast Guard
 National Tactical Integration Office.
 Sec. 443. Retention and relocation bonuses for the Federal
 Bureau of Investigation.
 Sec. 444. Extending the authority of the Federal Bureau of
 Investigation to waive mandatory retirement provisions.
 Sec. 445. Report and assessments on transformation of the
 intelligence capabilities of the Federal Bureau of Investigation.
 TITLE V—Reorganization of the Diplomatic Telecommunications
 Service Program Office
 Sec. 501. Reorganization of the Diplomatic Telecommunications
 Service Program Office.
 TITLE VI—Foreign Intelligence and Information Commission
 Act
 Sec. 601. Short title.
 Sec. 602. Definitions.
 Sec. 603. Findings.
 Sec. 604. Establishment and functions of the
 Commission.
 Sec. 605. Members and staff of the Commission.
 Sec. 606. Powers and duties of the Commission.
 Sec. 607. Report of the Commission.
 Sec. 608. Termination.
 Sec. 609. Nonapplicability of Federal Advisory Committee
 Act.
 Sec. 610. Funding.
 TITLE VII—TECHNICAL AMENDMENTS
 Sec. 701. Technical
 amendments to the Foreign Intelligence Surveillance Act of
 1978.
 Sec. 702. Technical
 amendments to the Central Intelligence Agency Act of
 1949.
 Sec. 703. Technical
 amendments to title 10, United States
 Code.
 Sec. 704. Technical
 amendments to the National Security Act of
 1947.
 Sec. 705. Technical
 amendments relating to the multiyear National Intelligence Program.
 Sec. 706. Technical amendments to the Intelligence Reform and
 Terrorism Prevention Act of 2004.
 Sec. 707. Technical
 amendments to the Executive Schedule.
 Sec. 708. Technical amendments to section
 105 of the Intelligence Authorization Act for
 Fiscal Year 2004.
 Sec. 709. Technical amendments to section 602 of the
 Intelligence Authorization Act for Fiscal Year 1995.
 Sec. 710. Technical amendments to section 403 of the
 Intelligence Authorization Act, Fiscal Year 1992.
 2.DefinitionsIn this Act:
 (1)Congressional intelligence
 committeesThe 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 communityThe 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)).
 IBUDGET AND PERSONNEL
 AUTHORIZATIONS
 101.Authorization of
 appropriationsFunds are
 hereby authorized to be appropriated for fiscal year 2010 for the conduct of
 the intelligence and intelligence-related activities of the following elements
 of the United States Government:
 (1)The Office of the Director of National
 Intelligence.
 (2)The Central Intelligence Agency.
 (3)The Department of Defense.
 (4)The Defense Intelligence Agency.
 (5)The National Security Agency.
 (6)The Department of the Army, the Department
 of the Navy, and the Department of the Air Force.
 (7)The Coast Guard.
 (8)The Department of State.
 (9)The Department of the Treasury.
 (10)The Department of Energy.
 (11)The Department of Justice.
 (12)The Federal Bureau of Investigation.
 (13)The Drug Enforcement Administration.
 (14)The National Reconnaissance Office.
 (15)The National Geospatial-Intelligence
 Agency.
 (16)The Department of Homeland Security.
 102.Classified Schedule of
 Authorizations
 (a)Specifications of amounts and personnel
 levelsThe amounts authorized
 to be appropriated under section 101 and, subject to section 103, the
 authorized personnel levels (expressed as full-time equivalent positions) as of
 September 30, 2010, for the conduct of the intelligence activities of the
 elements listed in paragraphs (1) through (16) of section 101, are those
 specified in the classified Schedule of Authorizations prepared to accompany
 the conference report on the bill __ of the One Hundred Eleventh
 Congress.
 (b)Availability of classified Schedule of
 AuthorizationsThe 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.
 103.Personnel ceiling adjustments
 (a)Authority for increasesThe Director of National Intelligence may
 authorize the employment of civilian personnel in excess of the number of
 full-time equivalent positions for fiscal year 2010 authorized by the
 classified Schedule of Authorizations referred to in section 102(a) if the
 Director of National Intelligence determines that such action is necessary 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)Authority for conversion of activities
 performed by contract personnel
 (1)In generalIn addition to the authority in subsection
 (a) and subject to paragraph (2), if the head of an element of the intelligence
 community makes a determination that activities currently being performed by
 contract personnel should be performed by employees of such element, the
 Director of National Intelligence, in order to reduce a comparable number of
 contract personnel, may authorize for that purpose employment of additional
 full-time equivalent personnel in such element equal to the number of full-time
 equivalent contract personnel performing such activities.
 (2)Concurrence and approvalThe authority described in paragraph (1)
 may not be exercised unless the Director of National Intelligence concurs with
 the determination described in such paragraph.
 (c)Treatment of certain
 personnelThe Director of
 National Intelligence shall establish guidelines that govern, for each element
 of the intelligence community, the treatment under the personnel levels
 authorized under section 102(a), including any exemption from such personnel
 levels, of employment or assignment in—
 (1)a student program, trainee program, or
 similar program;
 (2)a reserve corps or as a reemployed
 annuitant; or
 (3)details, joint duty, or long term,
 full-time training.
 (d)Notice to congressional intelligence
 committeesThe Director of
 National Intelligence shall notify the congressional intelligence committees in
 writing at least 15 days prior to the initial exercise of an authority
 described in subsection (a) or (b).
 104.Intelligence Community Management
 Account
 (a)Authorization of
 appropriationsThere is
 authorized to be appropriated for the Intelligence Community Management Account
 of the Director of National Intelligence for fiscal year 2010 the sum of
 $786,812,000. Within such amount, funds identified in the classified Schedule
 of Authorizations referred to in section 102(a) for advanced research and
 development shall remain available until September 30, 2011.
 (b)Authorized personnel levelsThe elements within the Intelligence
 Community Management Account of the Director of National Intelligence are
 authorized 792 full-time equivalent personnel as of September 30, 2010.
 Personnel serving in such elements may be permanent employees of the Office of
 the Director of National Intelligence or personnel detailed from other elements
 of the United States Government.
 (c)Construction of authoritiesThe authorities available to the Director
 of National Intelligence under section 103 are also available to the Director
 for the adjustment of personnel levels within the Intelligence Community
 Management Account.
 (d)Classified authorizations
 (1)Authorization of
 appropriationsIn addition to
 amounts authorized to be appropriated for the Intelligence Community Management
 Account by subsection (a), there are authorized to be appropriated for the
 Community Management Account for fiscal year 2010 such additional amounts as
 are specified in the classified Schedule of Authorizations referred to in
 section 102(a). Such additional amounts for advanced research and development
 shall remain available until September 30, 2011.
 (2)Authorization of personnelIn addition to the personnel authorized by
 subsection (b) for elements of the Intelligence Community Management Account as
 of September 30, 2010, there are authorized such additional full-time
 equivalent personnel for the Community Management Account as of that date as
 are specified in the classified Schedule of Authorizations referred to in
 section 102(a).
 105.Restriction on conduct of intelligence
 activitiesThe 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.
 IICENTRAL INTELLIGENCE AGENCY RETIREMENT AND
 DISABILITY SYSTEM
 201.Authorization of
 appropriationsThere is
 authorized to be appropriated for the Central Intelligence Agency Retirement
 and Disability Fund for fiscal year 2010 the sum of $290,900,000.
 202.Technical modification to mandatory
 retirement provision of the Central Intelligence Agency Retirement
 ActSubparagraph (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.
 IIIGENERAL INTELLIGENCE COMMUNITY
 MATTERS
 APersonnel Matters
 301.Increase in employee compensation and
 benefits authorized by lawAppropriations authorized by this Act for
 salary, pay, retirement, and other benefits for Federal employees may be
 increased by such additional or supplemental amounts as may be necessary for
 increases in such compensation or benefits authorized by law.
 302.Enhanced flexibility in details to elements
 of the intelligence communityExcept 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, an officer
 or employee of the United States or member of the Armed Forces may be detailed
 to the staff of an element of the intelligence community funded through the
 National Intelligence Program from another element of the intelligence
 community or from another element of the United States Government on a
 reimbursable or nonreimbursable basis, as jointly agreed to by the head of the
 receiving element and the head of the detailing element (or the designees of
 such officials), for a period not to exceed 3 years.
 303.Enhancement of authority of the Director of
 National Intelligence for flexible personnel management among the elements of
 the intelligence communitySection 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.
 (5)Not later than 60 days prior to the date
 that Director of National Intelligence will convert a position under paragraph
 (1) or establish a position under paragraph (2), the Director shall submit to
 the congressional intelligence committees a notification of such conversion or
 establishment.
 (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 coordination 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.
 (6)The Director of National Intelligence shall
 notify the congressional intelligence committees within 30 days of any grant or
 exercise of authority under this subsection.
 (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.
 .
 304.Award of rank to members of the Senior
 National Intelligence ServiceSection 102A of the National Security Act of
 1947 (50 U.S.C. 403–1), as amended by section 303, is further amended by adding
 at the end the following:
 (v)Award of rank to members of the Senior
 National Intelligence ServiceThe President, based on the recommendations
 of the Director of National Intelligence, may award ranks to members of the
 Senior National Intelligence Service and other intelligence community senior
 civilian officers not already covered by such a rank award program in a manner
 consistent with the provisions of section 4507 of title 5, United States Code.
 The award of such rank shall be made per the direction of the Director of
 National Intelligence and in a manner consistent with the provisions of such
 section
 4507.
 .
 305.Annual personnel level assessments for the
 intelligence community
 (a)AssessmentTitle 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:
 506B.Annual personnel level assessments for the
 intelligence community
 (a)Requirement To provideThe Director of National Intelligence shall
 for the Office of the Director of National Intelligence and, 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)ScheduleEach 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)ContentsEach assessment required by subsection (a)
 submitted during a fiscal year shall contain the following information for the
 element of the intelligence community concerned:
 (1)The budget submission for personnel costs
 for the upcoming fiscal year.
 (2)The dollar and percentage increase or
 decrease of such costs as compared to the personnel costs of the current fiscal
 year.
 (3)The dollar and percentage increase or
 decrease of such costs as compared to the personnel costs during the prior 5
 fiscal years.
 (4)The number of full-time equivalent
 positions that is the basis for which personnel funds are requested for the
 upcoming fiscal year.
 (5)The numerical and percentage increase or
 decrease of such number as compared to the number of full-time equivalent
 positions of the current fiscal year.
 (6)The numerical and percentage increase or
 decrease of such number as compared to the number of full-time equivalent
 positions during the prior 5 fiscal years.
 (7)The best estimate of the number and costs
 of contract personnel to be funded by the element for the upcoming fiscal
 year.
 (8)The numerical and percentage increase or
 decrease of such costs of contract personnel as compared to the best estimate
 of the costs of contract personnel of the current fiscal year.
 (9)The numerical and percentage increase or
 decrease of such costs of contract personnel as compared to the cost of
 contract personnel, and the number of contract personnel, during the prior 5
 fiscal years.
 (10)A justification for the requested personnel
 and contract personnel levels.
 (11)The number of intelligence collectors and
 analysts employed or contracted by each element of the intelligence
 community.
 (12)A list of all contract personnel who have
 been the subject of an investigation or review 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 or review by
 such an inspector general during the current fiscal year.
 (13)A statement by the Director of National
 Intelligence that, based on current and projected funding, the element
 concerned will have sufficient—
 (A)internal infrastructure to support the
 requested personnel and contract personnel levels;
 (B)training resources to support the requested
 personnel levels; and
 (C)funding to support the administrative and
 operational activities of the requested personnel
 levels.
 .
 (b)Applicability dateThe first assessment required to be
 submitted under section 506B(b) of the National Security Act of 1947, as added
 by subsection (a), shall be submitted with the budget for fiscal year 2011
 submitted to Congress by the President under section 1105 of title 31, United
 States Code.
 (c)Table of contents amendmentThe table of contents in the first section
 of the National Security Act of 1947 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.
 .
 306.Temporary personnel authorizations for
 critical language training
 (a)FindingsCongress makes the following
 findings:
 (1)In 2009, eight years after the terrorist
 attacks of September 11, 2001, the intelligence community continues to lack an
 adequate supply of personnel trained in critical foreign languages.
 (2)A number of elements of the intelligence
 community are attempting to address that lack of supply by recruiting
 applicants who can speak, read, and understand critical foreign
 languages.
 (3)Leaders in the intelligence community have
 recognized that improved recruiting practices are only a partial solution and
 that improved language training for current intelligence community employees is
 also necessary.
 (4)While language education and instruction
 provides long-term benefits for both intelligence agencies and individual
 employees, it has short-term costs for supervisors whose staff are absent due
 to language training and could provide supervisors with an incentive to resist
 allowing individual employees to pursue language training.
 (5)If the head of an element of the
 intelligence community was able to increase the number of personnel at that
 element during the period that an employee is participating in language
 training, that element would not have to sacrifice short-term priorities to
 address language training needs.
 (6)The Director of National Intelligence is
 uniquely situated to evaluate language training needs across the intelligence
 community and assess whether that training would be enhanced if elements of the
 intelligence community were given temporary additional personnel
 authorizations.
 (7)The intelligence community has a difficult
 time finding, training, and providing security clearances to native foreign
 language speakers who are able to serve as translators and it would be
 beneficial if all elements of the intelligence community were able to harness
 the capabilities of these individuals.
 (8)The Director of National Intelligence is
 uniquely situated to identify translators within the intelligence community and
 provide for their temporary transfer from one element of the intelligence
 community to another element.
 (b)Temporary personnel authorizations
 (1)Authorized additional FTEsIn addition to the number of full-time
 equivalent positions authorized for the Office of the Director of National
 Intelligence for a fiscal year, there is authorized for such Office for each
 fiscal year an additional 100 full-time equivalent positions that may be
 utilized only for the purposes described in paragraph (2).
 (2)PurposesThe Director of National Intelligence may
 use a full-time equivalent position authorized under paragraph (1) only for the
 purposes of providing a temporary transfer of personnel made pursuant to the
 authority in section 102A(e)(2) of the National Security Act of 1947 (50 U.S.C.
 403–1(e)(2)) to an element of the intelligence community to enable such element
 to increase its total authorized number of personnel, on a temporary
 basis—
 (A)during a period in which a permanent
 employee of such element is absent to participate in critical language
 training; or
 (B)to accept a permanent employee of another
 element of the intelligence community to provide language-capable services a
 temporary basis.
 (c)Inapplicability of other lawSubparagraph (B) of section 102A(e)(2) of
 the National Security Act of 1947 (50 U.S.C. 403–1(e)(2)) shall not apply to a
 transfer of personnel authorizations made under this section.
 (d)Reporting requirements
 (1)Report to the Director of National
 IntelligenceAn element of
 the intelligence community that receives a temporary transfer of personnel
 authorized under subsection (b) shall submit to the Director of National
 Intelligence a report on such transfer that includes the length of time of the
 temporary transfer and which critical language need of such element was
 fulfilled or partially fulfilled by the transfer.
 (2)Annual report to CongressThe Director of National Intelligence shall
 submit to the congressional intelligence committees an annual report on this
 section. Each such report shall include a description of—
 (A)the number of transfers of personnel made
 by the Director pursuant to subsection (b), disaggregated by each element of
 the intelligence community;
 (B)the critical language that needs were
 fulfilled or partially fulfilled through the use of such transfers; and
 (C)the cost to carry out subsection
 (b).
 BEducation Programs
 311.Permanent authorization for the Pat Roberts
 Intelligence Scholars Program
 (a)In generalSubsection (a) of section 318 of the
 Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108–177; 50
 U.S.C. 441g note) is amended—
 (1)in the heading, by striking
 Pilot
 program and inserting In general;
 (2)in paragraph (1)—
 (A)by striking pilot;
 and
 (B)by inserting , acquisition,
 scientific, and technical, or other after analytic in
 both places that term appears;
 (3)in paragraph (2), by striking
 pilot; and
 (4)in paragraph (3), by striking
 pilot.
 (b)ElementsSubsection (b) of section 318 of the
 Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108–177; 50
 U.S.C. 411g note) is amended—
 (1)in the matter preceding paragraph (1), by
 striking pilot;
 (2)in paragraph (1), by striking
 analysts and inserting professionals; and
 (3)in paragraph (2), by inserting ,
 acquisition, scientific, and technical, or other after
 analytic.
 (c)Permanent authorizationSection 318 of the Intelligence
 Authorization Act for Fiscal Year 2004 (Public Law 108–177; 50 U.S.C. 411g
 note) is amended by striking subsections (c), (d), (e), (f), and (g).
 (d)Use of fundsSection 318 of the Intelligence
 Authorization Act for Fiscal Year 2004 (Public Law 108–177; 50 U.S.C. 411g
 note), as amended by subsection (c), is further amended by adding at the end
 the following:
 (c)Use of fundsFunds made available for the program may be
 used for the following purposes:
 (1)To provide a monthly stipend for each month
 that the individual is pursing a course of study described in subsection
 (a).
 (2)To pay such individual’s full tuition to
 permit the individual to complete such a course of study.
 (3)To provide an allowance for books and
 materials that such individual requires to complete such a course of
 study.
 (4)To pay such individual’s expenses for
 travel as requested by an element of the intelligence community related to the
 program.
 .
 (e)Conforming amendments
 (1)Section headingThe section heading of section 318 of the
 Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108–177; 117
 Stat. 2613) is amended to read as follows:
 318.Pat Roberts Intelligence Scholars
 Program
 .
 (2)Table of contentsThe table of contents in section 1(b) of
 the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108–177;
 117 Stat. 2599) is amended by striking the item relating to section 318 and
 inserting the following:
 Sec. 318. Pat Roberts Intelligence Scholars
 Program.
 .
 312.Modifications to the Louis Stokes
 Educational Scholarship Program
 (a)Expansion of the Louis Stokes Educational
 Scholarship Program to graduate studentsSection 16 of the National Security Agency
 Act of 1959 (50 U.S.C. 402 note) is amended—
 (1)in subsection (a)—
 (A)by inserting and graduate
 after undergraduate; and
 (B)by striking the
 baccalaureate and inserting a baccalaureate or
 graduate;
 (2)in subsection (b), by inserting or
 graduate after undergraduate;
 (3)in subsection (e)(2), by inserting
 and graduate after undergraduate; and
 (4)by adding at the end Such program
 shall be known as the Louis Stokes Educational Scholarship
 Program..
 (b)Authority for participation by individuals
 who are not employed by the Federal government
 (1)In generalSubsection (b) of section 16 of the
 National Security Agency Act of 1959 (50 U.S.C. 402 note), as amended by
 subsection (a)(2), is further amended by striking civilian
 employees and inserting civilians who may or may not be
 employees.
 (2)Replacement of the term
 employeeSection 16 of the National Security Agency
 Act of 1959 (50 U.S.C. 402 note), as amended by subsection (a), is further
 amended—
 (A)in subsection (c), by striking
 employees and inserting program
 participants;
 (B)in subsection (d)—
 (i)in paragraph
 (1)—
 (I)in the matter preceding subparagraph (A),
 strike an employee of the Agency and insert a program
 participant;
 (II)in subparagraph (A), by striking
 employee and inserting program
 participant;
 (III)in subparagraph (C)—
 (aa)by striking employee each
 place that term appears and inserting program participant;
 and
 (bb)by striking employee’s each
 place that term appears and inserting program participant’s;
 and
 (IV)in subparagraph (D)—
 (aa)by striking employee each
 place that term appears and inserting program participant;
 and
 (bb)by striking employee’s each
 place that term appears and inserting program participant’s;
 and
 (ii)in paragraph (3)(C)—
 (I)by striking employee both
 places that term appears and inserting program participant;
 and
 (II)by striking employee’s and
 inserting program participant’s; and
 (C)in subsection (e)(1), by striking
 employee and inserting program
 participant.
 (c)Termination of program
 participantsSubsection
 (d)(1)(C) of section 16 of the National Security Agency Act of 1959 (50 U.S.C.
 402 note), as amended by subsection (b)(2)(B)(i)(III), is further amended by
 striking terminated and all that follows and inserting
 “terminated—
 (i)by the Agency due to misconduct by the
 program participant;
 (ii)by the program participant voluntarily;
 or
 (iii)by the Agency for the failure of the
 program participant to maintain such level of academic standing in the
 educational course of training as the Director of the National Security Agency
 shall have specified in the agreement of the program participant under this
 subsection;
 and
 .
 (d)Authority To withhold disclosure of
 affiliation with NSASubsection (e) of Section 16 of the
 National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by
 striking (1) When an employee and all that follows through
 (2) Agency efforts and inserting Agency
 efforts.
 (e)Authority of elements of the Intelligence
 Community to establish a stokes educational scholarship programSection 102A of the National Security Act
 of 1947 (50 U.S.C. 403–1), as amended by sections 303 and 304, is further
 amended by adding at the end the following new subsection:
 (w)Educational scholarship
 programThe head of a
 department or agency containing an element of the intelligence community may
 establish an undergraduate or graduate training program with respect to
 civilian employees and prospective civilian employees of such element similar
 in purpose, conditions, content, and administration to the program which the
 Secretary of Defense is authorized to establish under section 16 of the
 National Security Agency Act of 1959 (50 U.S.C. 402 note) for civilian
 employees of the National Security
 Agency.
 .
 313.Intelligence officer education
 programs
 (a)AuthorityThe Director may carry out, or may
 authorize the head of an element of the intelligence community to carry out,
 programs in accordance with this section for the purposes described in
 subsection (c).
 (b)DefinitionsIn this section:
 (1)DirectorThe term Director means
 the Director of National Intelligence.
 (2)Institution of higher
 educationThe term
 institution of higher education has the meaning given the term
 in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
 (c)PurposesThe purpose of a program carried out under
 this section shall be—
 (1)to encourage the preparation, recruitment,
 and retention of civilian intelligence community personnel who posses language,
 analytic, scientific, technical, or other skills necessary to meet the needs of
 the intelligence community, as identified by the Director; and
 (2)to enhance recruitment and retention of an
 ethnically and culturally diverse workforce for the intelligence community with
 capabilities critical to the national security interests of the United
 States.
 (d)Authorized programsThe programs authorized under this section
 are as follows:
 (1)Grants to individualsA program carried out in accordance with
 subsection (e) to provide financial aid to an individual to pursue a program at
 an institution of higher education in language, analysis, science, technical
 fields, or other skills necessary to meet the needs of the intelligence
 community, as identified by the Director.
 (2)Grants to institutions of higher
 educationA program carried
 out in accordance with subsection (f) to provide a grant to an institution of
 higher education to develop a program of study in an area of study referred to
 paragraph (1).
 (e)Grants to individuals
 (1)In generalThe Director, or the head of an element of
 the intelligence community authorized by the Director under subsection (a), may
 award a grant to an individual who is pursuing an associate, baccalaureate,
 advanced degree, or certification in an area of study referred to in subsection
 (c)(1) at an institution of higher education.
 (2)Use or fundsA grant awarded to an individual under this
 section to enroll in a program at an institution of higher education may be
 used—
 (A)to pay the tuition, fees, and other costs
 of such program;
 (B)to pay the living expenses of the
 individual during the time the individual is enrolled in such program;
 or
 (C)to support internship activities of the
 individual within the intelligence community during the academic year or
 periods between academic years in which the individual is enrolled in such
 program.
 (3)Administration of grantsA grant of financial aid to an individual
 under this section shall be administered through—
 (A)the Pat Roberts Intelligence Scholars
 Program carried out under section 318 of the Intelligence Authorization Act for
 Fiscal Year 2004 (50 U.S.C. 441g note); or
 (B)the Louis Stokes Educational Scholarship
 Program carried out under section 16 of the National Security Agency Act of
 1959 (50 U.S.C. 402 note).
 (4)SelectionIn selecting an individual to receive a
 grant under this section to enroll in a program at an institution of higher
 education, the Director or head of an element of the intelligence community, as
 appropriate, shall consider whether such institution has been awarded a grant
 under this section.
 (5)Authority for screeningThe Director is authorized to screen and
 qualify each individual selected to receive a grant under this section for the
 appropriate security clearance without regard to the date that the employment
 relationship between the individual and an element of the intelligence
 community is formed, or whether it is ever formed.
 (f)Grants to institutions of higher
 education
 (1)In generalThe Director may award a grant to an
 institution of higher education to support the establishment, continued
 development, improvement, or administration of a program of study referred to
 in subsection (c)(1) at such institution.
 (2)Use of fundsA grant awarded to an institution of higher
 education under this section may be used for the following:
 (A)Curriculum or program development.
 (B)Faculty development.
 (C)Laboratory equipment or
 improvements.
 (D)Faculty research in language, analysis,
 science, technical, or other fields that meet current or emerging needs of the
 intelligence community as identified by the Director of National
 Intelligence.
 (3)ReportsAn institution of higher education awarded
 a grant under this section 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.
 (g)ApplicationAn individual or an institution of higher
 education seeking a grant under this section shall submit an application to the
 Director describing the proposed use of the grant at such time and in such
 manner as the Director may require.
 (h)RegulationsThe Director shall prescribe such
 regulations as are necessary to carry out this section.
 (i)Repeal of prior programs
 (1)In generalThe following provisions are
 repealed:
 (A)Section 319 of Intelligence Authorization
 Act for Fiscal Year 2004 (Public Law 108–177; 50 U.S.C. 403 note).
 (B)Section 1003 of the National Security Act
 of 1947 (50 U.S.C. 441g–2).
 (C)Section 922 of Ronald W. Reagan National
 Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 50 U.S.C.
 402 note).
 (2)Effect on prior agreementsAn agreement, contract, or employment
 relationship that was in effect pursuant to a provision repealed by
 subparagraph (A), (B), or (C) of paragraph (1) prior to the date of the
 enactment of this Act shall remain in effect unless all parties mutually agree
 to amend, modify, or abrogate such agreement, contract, or relationship.
 (3)Table of contents amendments
 (A)Intelligence Authorization Act for Fiscal
 Year 2004The Intelligence
 Authorization Act for Fiscal Year 2004 is amended in the table of contents in
 section 1(b), by striking the item relating to section 319.
 (B)Ronald W. Reagan National Defense
 Authorization Act for Fiscal Year 2005The Ronald W. Reagan National Defense
 Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1811) is
 amended—
 (i)in the table of contents in section 2(b),
 by striking the item relating to section 922; and
 (ii)in title IV in the table of contents
 preceding subtitle A, by striking the item relating to section 922.
 (j)Effect of other lawThe Director shall administer the
 Intelligence Officer Training 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.
 314.Review and report on education
 programs
 (a)Review
 (1)Requirement for reviewThe Director of National Intelligence shall
 review the programs described in paragraph (2) to determine if such
 programs—
 (A)meet the needs of the intelligence
 community to prepare, recruit, and retain a skilled and diverse
 workforce;
 (B)should be combined or otherwise integrated;
 and
 (C)constitute all the education programs
 carried out by the Director of National Intelligence or the head of an element
 of the intelligence community and, if not, whether other such educational
 programs could be combined or otherwise integrated with the programs described
 in paragraph (2).
 (2)Programs describedThe programs described in this paragraph
 are the following:
 (A)The Pat Roberts Intelligence Scholars
 Program carried out under section 318 of the Intelligence Authorization Act for
 Fiscal Year 2004 (50 U.S.C. 441g note), as amended by section 311.
 (B)The Louis Stokes Educational Scholarship
 Program carried out section 16 of the National Security Agency Act of 1959 (50
 U.S.C. 402 note), as amended by section 312.
 (C)The education grant programs carried out
 under section 313.
 (D)Any other program that provides for
 education or training of personnel of an element of the intelligence
 community.
 (b)ReportNot later than February 1, 2010, the
 Director of National Intelligence shall submit to the congressional
 intelligence committees a report on the results of the review required by
 subsection (a).
 CAcquisition Matters
 321.Vulnerability assessments of major
 systems
 (a)Vulnerability assessments of major
 systems
 (1)In generalTitle 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:
 506C.Vulnerability assessments of major
 systems(a)Initial vulnerability assessments
 (1)Requirement for initial vulnerability
 assessmentsThe 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 include use of an
 analysis-based approach to—
 (A)identify vulnerabilities;
 (B)define exploitation potential;
 (C)examine the system's potential
 effectiveness;
 (D)determine overall vulnerability; and
 (E)make recommendations for risk
 reduction.
 (2)Limitation on obligation of
 fundsFor any major system
 for which an initial vulnerability assessment is required under paragraph (1)
 on the date of the enactment of the Intelligence Authorization Act for Fiscal Year
 2010, such assessment shall be submitted to the congressional
 intelligence committees within 180 days of such date of enactment. If such
 assessment is not submitted to the congressional intelligence committees within
 180 days of such date of enactment, funds appropriated for the acquisition of
 the major system may not be obligated for a major contract related to the major
 system. Such prohibition on the obligation of funds for the acquisition of the
 major system shall cease to apply at the end of the 30-day period of a
 continuous session of Congress that begins on the date on which Congress
 receives the initial vulnerability assessment.
 (b)Subsequent vulnerability
 assessments(1)The Director of National Intelligence
 shall, periodically throughout the life span of a major system or if the
 Director determines that a change in circumstances warrants the issuance of a
 subsequent vulnerability assessment, conduct a subsequent vulnerability
 assessment of each major system and its significant items of supply within the
 National Intelligence Program.
 (2)Upon the request of a congressional
 intelligence committee, the Director of National Intelligence may conduct a
 subsequent vulnerability assessment of a particular major system and its
 significant items of supply within the National Intelligence Program.
 (3)Any subsequent vulnerability assessment of
 a major system and its significant items of supply shall include use of an
 analysis-based approach and, if applicable, a testing-based approach, to
 monitor the exploitation potential of such system and reexamine the factors
 described in subparagraphs (A) through (E) of subsection (a)(1).
 (c)Major system managementThe Director of National Intelligence shall
 give due consideration to the vulnerability assessments prepared for a given
 major system when developing and determining the National Intelligence Program
 budget.
 (d)Congressional oversight(1)The Director of National Intelligence shall
 provide to the congressional intelligence committees a copy of each
 vulnerability assessment conducted under subsection (a) or (b) not later than
 10 days after the date of the completion of such assessment.
 (2)The Director of National Intelligence shall
 provide the congressional intelligence committees with a proposed schedule for
 subsequent 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 paragraph (1).
 (e)DefinitionsIn 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 506A(e).
 (3)The term Milestone B means a
 decision to enter into system development 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.
 .
 (2)Table of contents amendmentThe 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.
 .
 (b)Definition of major systemParagraph (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).
 .
 322.Intelligence community business system
 transformation
 (a)Intelligence community business system
 transformation
 (1)In generalTitle V of the National Security Act of
 1947 (50 U.S.C. 413 et seq.), as amended by sections 305 and 321 of this Act,
 is further amended by inserting after section 506C, as added by section 321(a),
 the following new section:
 506D.Intelligence community business system
 transformation(a)Limitation on obligation of
 funds(1)After February 1, 2010, no funds
 appropriated to any element of the intelligence community may be obligated for
 an intelligence community business system transformation that will have a total
 cost in excess of $1,000,000 unless—
 (A)the approval authority designated by the
 Director of National Intelligence under subsection (c)(2) makes the
 certification described in paragraph (2) with respect to the intelligence
 community business system transformation; and
 (B)the certification is approved by the
 appropriate authorities within the intelligence community business system
 transformation governance structure identified in subsection (f).
 (2)The certification described in this
 paragraph for an intelligence community business system transformation is a
 certification, made by the approval authority designated by the Director under
 subsection (c)(2) that the intelligence community business system
 transformation—
 (A)complies with the enterprise architecture
 under subsection (b) and other Director of National Intelligence policy and
 standards; or
 (B)is
 necessary—
 (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.
 (b)Enterprise architecture for intelligence
 community business systems(1)The Director of National Intelligence
 shall, acting through the intelligence community business system transformation
 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 measurement of performance,
 including the ability to produce timely, relevant, and reliable cost
 information.
 (B)Policies, procedures, data standards, and
 system interface requirements that apply uniformly throughout the intelligence
 community.
 (c)Responsibilities for intelligence community
 business system transformation(1)The Director of National Intelligence shall
 be responsible for the entire life cycle of an intelligence community business
 system transformation, to include review, approval, and oversight of the
 planning, design, acquisition, deployment, operation, and maintenance of the
 business system transformation.
 (2)The Director shall designate one or more
 appropriate officials of the intelligence community to be responsible for
 making certifications with respect to intelligence community business system
 transformation under subsection (a)(2).
 (d)Intelligence community business system
 investment review(1)The approval authority designated under
 subsection (c)(2) shall establish and implement, not later than February 1,
 2010, an investment review process for 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)(2).
 (e)Budget informationFor each fiscal year after fiscal year
 2011, the Director of National Intelligence shall include in the materials the
 Director submits to Congress in support of the budget for such fiscal year that
 is submitted to Congress under section 1105 of title 31, United States Code,
 the following information:
 (1)An identification of each intelligence
 community business system for which funding is proposed in such budget.
 (2)An identification of all funds, by
 appropriation, proposed in such budget for each such system, including—
 (A)funds for current services to operate and
 maintain such system;
 (B)funds for business systems modernization
 identified for each specific appropriation; and
 (C)funds for associated business process
 improvement or reengineering efforts.
 (3)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)(2) with respect to each such system.
 (f)Intelligence community business system
 transformation governance board
 (1)The Director of National Intelligence shall
 establish a board within the intelligence community business system
 transformation governance structure (in this subsection referred to as the
 Board).
 (2)The Board shall—
 (A)recommend to the Director policies and
 procedures necessary to effectively integrate all business activities and any
 transformation, reform, reorganization, or process improvement initiatives
 under taken 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 transformation to maximize benefits
 and minimize costs for the intelligence community, and periodically report to
 the Director on the status of efforts to carry out an intelligence community
 business system transformation;
 (E)ensure that funds are obligated for
 intelligence community business system transformation in a manner consistent
 with subsection (a); and
 (F)carry out such other duties as the Director
 shall specify.
 (g)Relation to annual registration
 requirementsNothing in this
 section shall be construed to alter the requirements of section 8083 of the
 Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat.
 989), with regard to information technology systems (as defined in subsection
 (d) of such section).
 (h)Relationship to defense business enterprise
 architectureNothing in this
 section, or the amendments made by this section, shall be construed to exempt
 funds authorized to be appropriated to the Department of Defense from the
 requirements of section 2222 of title 10, United States Code, to the extent
 that such requirements are otherwise applicable.
 (i)Relation to Clinger-Cohen Act(1)Executive agency responsibilities in
 chapter 113 of title 40, United States Code, for any intelligence community
 business system transformation shall be exercised jointly by—
 (A)the Director of National Intelligence and
 the Chief Information Officer of the Intelligence Community; and
 (B)the head of the executive agency that
 contains the element of the intelligence community involved and the chief
 information officer of that executive agency.
 (2)The Director of National Intelligence and
 the head of the executive agency shall enter a Memorandum of Understanding to
 carry out the requirements of this section in a manner that best meets the
 needs of the intelligence community and the executive agency.
 (j)ReportsNot later than March 15 of each of the
 years 2011 through 2015, the Director of National Intelligence shall submit to
 the congressional intelligence committees a report on the compliance of the
 intelligence community with the requirements of this section. Each such report
 shall—
 (1)describe actions taken and proposed for
 meeting the requirements of subsection (a), including—
 (A)specific milestones and actual performance
 against specified performance measures, and any revision of such milestones and
 performance measures; and
 (B)specific actions on the intelligence
 community business system transformations submitted for certification under
 such subsection; and
 (2)identify the number of intelligence
 community business system transformations that received a certification
 described in subsection (a)(2)(B); and
 (3)describe specific improvements in business
 operations and cost savings resulting from successful intelligence community
 business systems transformation efforts.
 (k)DefinitionsIn this section:
 (1)Enterprise architectureThe term enterprise
 architecture has the meaning given that term in section 3601(4) of title
 44, United States Code.
 (2)Information system; information
 technologyThe terms
 information system and information technology have
 the meanings given those terms in section 11101 of title 40, United States
 Code.
 (3)Intelligence community business
 systemThe term
 intelligence community business system means an information
 system, including national security systems, that are operated by, for, or on
 behalf of the intelligence community or elements of the intelligence community
 as defined by law and Executive Order, including financial systems, mixed
 systems, financial data feeder systems, and the business infrastructure
 capabilities shared by the systems of the business enterprise architecture,
 including people, process, and technology, that build upon the core
 infrastructure used to support business activities, such as acquisition,
 financial management, logistics, strategic planning and budgeting,
 installations and environment, and human resource management.
 (4)Intelligence community business system
 transformationThe term
 intelligence community business system transformation
 means—
 (A)the acquisition or development of a new
 intelligence community business system; or
 (B)any significant modification or enhancement
 of an existing intelligence community business system (other than necessary to
 maintain current services).
 (5)National security systemThe term national security
 system has the meaning given that term in section 3542 of title 44,
 United States
 Code.
 .
 (2)Table of contents amendmentThe table of contents in the first section
 of that Act, as amended by sections 305 and 321 of this Act, is further amended
 by inserting after the item relating to section 506C, as added by section
 321(a)(2), the following new item:
 Sec. 506D. Intelligence
 community business systems
 transformation.
 .
 (b)Implementation
 (1)Certain
 dutiesNot 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 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 chairman and personnel to serve
 on the appropriate intelligence community business system transformation
 governance board established under subsection (f) of such section 506D (as so
 added).
 (2)Enterprise architecture
 (A)Schedule for developmentThe Director shall develop the enterprise
 architecture required by subsection (b) of such section 506D (as so added) to
 include the initial Business Enterprise Architecture for business
 transformation by December 31, 2009.
 (B)Requirement for implementation
 planIn developing such an
 enterprise architecture, the Director shall develop an implementation plan for
 such enterprise architecture that includes the following:
 (i)An acquisition strategy for new systems
 that are expected to be needed to complete such enterprise architecture,
 including specific time-phased milestones, performance metrics, and a statement
 of the financial and nonfinancial resource needs.
 (ii)An identification of the intelligence
 community business systems in operation or planned as of September 30, 2009,
 that will not be a part of such enterprise architecture, together with the
 schedule for the phased termination of the utilization of any such
 systems.
 (iii)An identification of the intelligence
 community business systems in operation or planned as of September 30, 2009,
 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
 strategyBased on the results
 of an enterprise process management review and the availability of funds, the
 Director shall submit the acquisition strategy described in subparagraph (B)(i)
 to the congressional intelligence committees not later than December 31,
 2009.
 323.Reports on the acquisition of major
 systems
 (a)Reports
 (1)In generalTitle V of the National Security Act of
 1947 (50 U.S.C. 413 et seq.), as amended by sections 305, 321, and 322 of this
 Act, is further amended by inserting after section 506D, as added by section
 322(a)(1), the following new section:
 506E.Reports on the acquisition of major
 systems(a)Annual reports required(1)The Director of National Intelligence shall
 submit to the congressional intelligence committees each year, at the same time
 the budget of the President for the fiscal year beginning in such year is
 submitted to Congress pursuant to section 1105 of title 31, United States Code,
 a separate report on each acquisition of a major system by an element of the
 intelligence community.
 (2)Each report under this section shall be
 known as a Report on the Acquisition of Major Systems.
 (b)ElementsEach report under this section shall
 include, for the acquisition of a major system, information on the
 following:
 (1)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 section to the end of the fiscal year
 immediately preceding the submission of the report under this section.
 (2)The current development schedule for the
 system, including an estimate of annual development costs until development is
 completed.
 (3)The planned procurement schedule for the
 system, including the best estimate of the Director of National Intelligence of
 the annual costs and units to be procured until procurement is
 completed.
 (4)A full life-cycle cost analysis for such
 system.
 (5)The result of any significant test and
 evaluation of such major system as of the date of the submission of such
 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.
 (6)The reasons for any change in acquisition
 cost, or schedule, for such system from the previous report under this section,
 if applicable.
 (7)The major contracts or subcontracts related
 to the major system.
 (8)If there is any cost or schedule variance
 under a contract referred to in paragraph (7) since the previous report under
 this section, the reasons for such cost or schedule variance.
 (c)Determination of increase in
 costsAny determination of a
 percentage increase in the acquisition costs of a major system for which a
 report is filed under this section shall be stated in terms of constant dollars
 from the first fiscal year in which funds are appropriated for such
 contract.
 (d)Submission to the congressional armed
 services committeesTo the
 extent that the report required by subsection (a) addresses an element of the
 intelligence community within the Department of Defense, the Director of
 National Intelligence shall submit that portion of the report, and any
 associated material that is necessary to make that portion understandable, to
 the Committee on Armed Services of the Senate and the Committee on Armed
 Services of the House of Representatives.
 (e)DefinitionsIn 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 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.
 (3)The term major contract,
 with respect to a major system acquisition, means each of the 6 largest prime,
 associate, 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.
 (4)The term major system has the
 meaning given that term in section 506A(e).
 (5)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.
 .
 (2)Applicability dateThe first report required to be submitted
 under section 506E(a) of the National Security Act of 1947, as added by
 paragraph (1), shall be submitted with the budget for fiscal year 2011
 submitted by the President under section 1105 of title 31, United States
 Code.
 (3)Table of contents amendmentThe table of contents in the first section
 of that Act, as amended by sections 305, 321, and 322 of this Act, is further
 amended by inserting after the item relating to section 506D, as added by
 section 322(a)(2), the following new item:
 Sec. 506E. Reports on the
 acquisition of major
 systems.
 .
 (b)Major defense acquisition
 programsNothing in this
 section, section 324, or an amendment made by this section or section 324,
 shall be construed to exempt an acquisition program of the Department of
 Defense from the requirements of chapter 144 of title 10, United States Code or
 Department of Defense Directive 5000, to the extent that such requirements are
 otherwise applicable.
 324.Excessive cost growth of major
 systems
 (a)NotificationTitle V of the National Security Act of
 1947 (50 U.S.C. 413 et seq.), as amended by sections 305, 321, 322, and 323 of
 this Act, is further amended by inserting after section 506E, as added by
 section 323(a), the following new section:
 506F.Excessive cost growth of major systems(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; and
 (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.
 (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 90 days of the notification made under subsection (a)(1)(B),
 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).
 (2)If a written certification required under
 subsection (b)(2) is not submitted to the congressional intelligence committees
 within 90 days of the notification made under subsection (b)(1)(B), 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)Initial certificationsNotwithstanding subsection (c), for any
 major system for which a written certification is required under either
 subsection (a)(2) or (b)(2) on the date of the enactment of the
 Intelligence Authorization Act for Fiscal
 Year 2010, such written certification shall be submitted to the
 congressional intelligence committees within 180 days of such date of
 enactment. If such written certification is not submitted to the congressional
 intelligence committees within 180 days of such date of enactment, 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 (a)(2) or
 (b)(3).
 (e)Submission to the congressional armed
 services committeesTo the
 extent that a submission required to be made to the congressional intelligence
 committees under this section addresses an element of the intelligence
 community within the Department of Defense, the Director of National
 Intelligence shall submit that portion of the submission, and any associated
 material that is necessary to make that portion understandable, to the
 Committee on Armed Services of the Senate and the Committee on Armed Services
 of the House of Representatives.
 (f)DefinitionsIn this section:
 (1)The term acquisition cost has
 the meaning given that term in section 506E(d).
 (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 cost
 estimate—
 (A)means an assessment and quantification of
 all costs and risks associated with the acquisition of a major system based
 upon reasonably available information at the time a written certification is
 required under either subsection (a)(2) or (b)(2); and
 (B)does not mean an independent cost
 estimate.
 (4)The term full life-cycle cost
 has the meaning given that term in section 506E(d).
 (5)The term independent cost
 estimate has the meaning given that term in section 506A(e).
 (6)The term major system has the
 meaning given that term in section 506A(e).
 (7)The term Milestone B means a
 decision to enter into system development and demonstration pursuant to
 guidance prescribed by the Director of National Intelligence.
 (8)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)Table of contents amendmentThe table of contents in the first section
 of that Act, as amended by sections 305, 321, 322, and 323 of this Act, is
 further amended by inserting after the items relating to section 506E, as added
 by section 323(a)(3), the following new item:
 Sec. 506F. Excessive
 cost growth of major
 systems.
 .
 325.Future budget projections
 (a)In generalTitle V of the National Security Act of
 1947 (50 U.S.C. 413 et seq.), as amended by sections 305, 321, 322, 323, and
 324 of this Act, is further amended by inserting after section 506F, as added
 by section 324(a), the following new section:
 506G.Future budget projections(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 for 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 5-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 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 CongressEach 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 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)New major system affordability
 report(1)Beginning on February 1, 2010, 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)DefinitionsIn this section:
 (1)The term major system has the
 meaning given that term in section 506A(e).
 (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)Applicability dateThe first Future Year Intelligence Plan or
 Long-term Budget Projection required to be submitted under subsection (a) or
 (b) of section 506G of the National Security Act of 1947, as added by
 subsection (a), shall be submitted with the budget for fiscal year 2011
 submitted by the President under section 1105 of title 31, United States
 Code.
 (c)Table of contents amendmentThe table of contents in the first section
 of that Act, as amended by sections 305, 321, 322, 323, and 324 of this Act, is
 further amended by inserting after the items relating to section 506F, as added
 by section 324(b), the following new item:
 Sec. 506G. Future budget
 projections.
 .
 326.National Intelligence Program funded
 acquisitionsSubsection (n) of
 section 102A of the National Security Act of 1947 (50 U.S.C. 403–1) is amended
 by adding at the end the following:
 (4)(A)In addition to the authority referred to in
 paragraph (1), the Director of National Intelligence may authorize the head of
 an element of the intelligence community to exercise an acquisition authority
 referred to in section 3 or 8(a) of the Central Intelligence Agency Act of 1949
 (50 U.S.C. 403c and 403j(a)) for an acquisition by such element that is more
 than 50 percent funded by the National Intelligence Program.
 (B)The head of an element of the intelligence
 community may not exercise an authority referred to in subparagraph (A)
 until—
 (i)the head of such element (without
 delegation) submits to the Director of National Intelligence a written request
 that includes—
 (I)a description of such authority requested
 to be exercised;
 (II)an explanation of the need for such
 authority, including an explanation of the reasons that other authorities are
 insufficient; and
 (III)a certification that the mission of such
 element would be—
 (aa)impaired if such authority is not
 exercised; or
 (bb)significantly and measurably enhanced if
 such authority is exercised; and
 (ii)the Director of National Intelligence or
 the Principal Deputy Director of National Intelligence or a Deputy Director of
 National Intelligence designated by the Director or the Principal Director
 issues a written authorization that includes—
 (I)a description of the authority referred to
 in subparagraph (A) that is authorized to be exercised; and
 (II)a justification to support the exercise of
 such authority.
 (C)A
 request and authorization to exercise an authority referred to in subparagraph
 (A) may be made with respect to individual acquisitions or with respect to a
 specific class of acquisitions described in the request and authorization
 referred to in subparagraph (B).
 (D)(i)A request from a head of an element of the
 intelligence community located within one of the departments described in
 clause (ii) to exercise an authority referred to in subparagraph (A) shall be
 transmitted to the Director of National Intelligence in accordance with any
 procedures established by the head of such department.
 (ii)The departments described in this clause
 are the Department of Defense, the Department of Energy, the Department of
 Homeland Security, the Department of Justice, the Department of State, and the
 Department of the Treasury.
 (E)(i)The head of an element of the intelligence
 community may not be authorized to utilize an authority referred to in
 subparagraph (A) for a class of acquisitions for a period of more than 3 years,
 except that the Director of National Intelligence may authorize the use of such
 an authority for not more than 6 years.
 (ii)Each such authorizations may be extended
 for successive 3- or 6-year periods, in accordance with requirements of
 subparagraph (B).
 (F)The Director of National Intelligence shall
 submit—
 (i)to
 the congressional intelligence committees a notification of an authorization to
 exercise an authority referred to in subparagraph (A) or an extension of such
 authorization that includes the written authorization referred to in
 subparagraph (B)(ii); and
 (ii)to the Director of the Office of Management
 and Budget a notification of an authorization to exercise an authority referred
 to in subparagraph (A) for an acquisition or class of acquisitions that will
 exceed $50,000,000 annually.
 (G)Requests and authorizations to exercise an
 authority referred to in subparagraph (A) shall remain available within the
 Office of the Director of National Intelligence for a period of at least 6
 years following the date of such request or authorization.
 (H)Nothing in this paragraph may be construed
 to alter or otherwise limit the authority of the Central Intelligence Agency to
 independently exercise an authority under section 3 or 8(a) of the Central
 Intelligence Agency Act of 1949 (50 U.S.C. 403c and
 403j(a)).
 .
 DCongressional Oversight, Plans, and
 Reports
 331.General congressional
 oversightSection 501(a) of
 the National Security Act of 1947 (50 U.S.C. 413(a)) is amended by inserting at
 the end the following:
 (3)There shall be no exception to the
 requirements in this title to inform the congressional intelligence committees
 of all intelligence activities and covert
 actions.
 .
 332.Improvement of notification of Congress
 regarding intelligence activities of the United States
 (a)Notice on information not
 disclosed
 (1)In generalSection 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; and
 (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, notify such committees of the determination not to provide such
 information in full or to all members of such committees. Such notice
 shall—
 (A)be
 submitted in writing in a classified form;
 (B)include—
 (i)a statement of the reasons for such
 determination; and
 (ii)a description that provides the main
 features of the intelligence activities covered by such determination;
 and
 (C)contain no restriction on access to such
 notice by all members of the committee.
 (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).
 .
 (2)Conforming amendmentSubsection (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
 reportsSubsection (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
 disclosedSubsection (c) of
 such section is amended by adding at the end the following:
 (5)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. Such notice
 shall—
 (A)be
 submitted in writing in a classified form;
 (B)include—
 (i)a statement of the reasons for such
 determination; and
 (ii)a description that provides the main
 features of the covert action covered by such determination; and
 (C)contain no restriction on access to such
 notice by all members of the
 committee.
 .
 (3)Modification of nature of change of covert
 action triggering notice requirementsSubsection (d) of such section is amended
 by striking significant the first place that term
 appears.
 333.Requirement to provide legal authority for
 intelligence activities
 (a)General intelligence
 activitiesSection 501(a) of
 the National Security Act of 1947 (50 U.S.C.413(a)), as amended by section 331,
 is further amended by adding at the end the following:
 (4)In carrying out paragraph (1), the
 President shall provide to the congressional intelligence committees the legal
 authority under which the intelligence activity is or was
 conducted.
 .
 (b)Actions other than covert
 actionsSection 502(a)(2) of
 the National Security Act of 1947 (50 U.S.C. 413a(a)(2)) is amended by striking
 activities, and inserting activities (including the legal
 authority under which an intelligence activity is or was
 conducted),.
 (c)Covert
 actionsParagraph (1)(B) of
 section 503(b) of the National Security Act of 1947 (50 U.S.C. 413b(b)), as
 redesignated by section 332 (b)(1), is amended by inserting ‘‘(including the
 legal authority under which a covert action is or was conducted)’’ after
 ‘‘concerning covert actions”.
 334.Additional limitation on availability of
 funds for intelligence and intelligence-related activitiesSection 504 of the National Security Act of
 1947 (50 U.S.C. 414) is amended—
 (1)in subsection (a), in the matter preceding
 paragraph (1), 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.
 .
 335.Audits of intelligence community by
 Government Accountability Office
 (a)In generalChapter 35 of title 31, United States Code,
 is amended by inserting after section 3523 the following:
 3523A.Audits of intelligence community by
 Government Accountability Office
 (a)In this section, the term
 intelligence community has the meaning given that term in section
 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
 (b)Congress finds that—
 (1)the authority of the Comptroller General to
 perform audits and evaluations of financial transactions, programs, and
 activities of elements of the intelligence community under sections 712, 717,
 3523, and 3524, and to obtain access to records for purposes of such audits and
 evaluations under section 716, is reaffirmed for matters referred to in
 paragraph (2); and
 (2)such audits and evaluations may be
 requested by a congressional committee of jurisdiction (such as the Select
 Committee on Intelligence of the Senate and the Permanent Select Committee on
 Intelligence of the House of Representatives), and may include matters relating
 to the management and administration of elements of the intelligence community
 in areas such as strategic planning, financial management, information
 technology, human capital, knowledge management, and information
 sharing.
 (c)(1)The Comptroller General may conduct an
 audit or evaluation involving intelligence sources and methods or covert
 actions only upon request of the Select Committee on Intelligence of the Senate
 or the Permanent Select Committee on Intelligence of the House of
 Representatives.
 (2)(A)Whenever the Comptroller General conducts
 an audit or evaluation under paragraph (1), the Comptroller General shall
 provide the results of such audit or evaluation only to the Select Committee on
 Intelligence of the Senate, the Permanent Select Committee on Intelligence of
 the House of Representatives, the Director of National Intelligence, and the
 head of the relevant element of the intelligence community.
 (B)The Comptroller General may only provide
 information obtained in the course of an audit or evaluation under paragraph
 (1) to the Select Committee on Intelligence of the Senate, the Permanent Select
 Committee on Intelligence of the House of Representatives, the Director of
 National Intelligence, and the head of the relevant element of the intelligence
 community.
 (3)(A)Notwithstanding any other provision of law,
 the Comptroller General may inspect records of any element of the intelligence
 community relating to intelligence sources and methods, or covert actions in
 order to conduct audits and evaluations under paragraph (1).
 (B)If, in the conduct of an audit or
 evaluation under paragraph (1), an agency record is not made available to the
 Comptroller General in accordance with section 716, the Comptroller General
 shall consult with the original requestor before filing a report under
 subsection (b)(1) of such section.
 (4)(A)The Comptroller General shall maintain the
 same level of confidentiality for a record made available for conducting an
 audit under paragraph (1) as is required of the head of the element of the
 intelligence community from which it is obtained. Officers and employees of the
 Government Accountability Office are subject to the same statutory penalties
 for unauthorized disclosure or use as officers or employees of the intelligence
 community element that provided the Comptroller General or officers and
 employees of the Government Accountability Office with access to such
 records.
 (B)All workpapers of the Comptroller General
 and all records and property of any element of the intelligence community that
 the Comptroller General uses during an audit or evaluation under paragraph (1)
 shall remain in facilities provided by that element of the intelligence
 community. Elements of the intelligence community shall give the Comptroller
 General suitable and secure offices and furniture, telephones, and access to
 copying facilities, for purposes of audits and evaluations under paragraph
 (1).
 (C)After consultation with the Select
 Committee on Intelligence of the Senate and with the Permanent Select Committee
 on Intelligence of the House of Representatives, the Comptroller General shall
 establish procedures to protect from unauthorized disclosure all classified and
 other sensitive information furnished to the Comptroller General or any
 representative of the Comptroller General for conducting an audit or evaluation
 under paragraph (1).
 (D)Before initiating an audit or evaluation
 under paragraph (1), the Comptroller General shall provide the Director of
 National Intelligence and the head of the relevant element with the name of
 each officer and employee of the Government Accountability Office who has
 obtained appropriate security clearance and to whom, upon proper
 identification, records, and information of the element of the intelligence
 community shall be made available in conducting the audit or evaluation.
 (d)Elements of the intelligence community
 shall cooperate fully with the Comptroller General and provide timely responses
 to Comptroller General requests for documentation and information made pursuant
 to this section.
 (e)With the exception of the types of audits
 and evaluations specified in subsection (c)(1), nothing in this section or any
 other provision of law shall be construed as restricting or limiting the
 authority of the Comptroller General to audit, evaluate, or obtain access to
 the records of elements of the intelligence community absent specific statutory
 language restricting or limiting such audits, evaluations, or access to
 records.
 .
 (b)Table of sections amendmentThe table of sections for chapter 35 of
 title 31, United States Code, is amended by inserting after the item relating
 to section 3523 the following:
 3523A. Audits of intelligence community by Government
 Accountability
 Office.
 .
 336.Report on compliance with laws,
 international obligations, and Executive orders on the detention and
 interrogation activities of the intelligence community
 (a)Report requiredNot later than December 1, 2009, the
 Director 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
 applicable law, international obligations, and executive orders relating to the
 detention or interrogation activities, if any, of any element of the
 intelligence community, including the Detainee Treatment Act of 2005 (title X
 of division A of Public Law 109–148; 119 Stat. 2739), related provisions of the
 Military Commissions Act of 2006 (Public Law 109–366; 120 Stat. 2600), common
 Article 3, the Convention Against Torture, Executive Order 13491 (74 Fed. Reg.
 4893; relating to ensuring lawful interrogations), and Executive Order 13493
 (74 Fed. Reg. 4901; relating to detention policy options).
 (b)DefinitionsIn this Act:
 (1)Common Article 3The term common Article 3
 means Article 3 of each of the Geneva Conventions.
 (2)Convention Against TortureThe term Convention Against
 Torture means the United Nations Convention Against Torture and Other
 Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on
 December 10, 1984.
 (3)DirectorThe term Director means the
 Director of National Intelligence.
 (4)Geneva ConventionsThe term Geneva Conventions
 means the following:
 (A)The Convention for the Amelioration of the
 Condition of the Wounded and Sick in Armed Forces in the Field, done at Geneva
 August 12, 1949 (6 UST 3114).
 (B)The Convention for the Amelioration of the
 Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, done
 at Geneva August 12, 1949 (6 UST 3217).
 (C)The Convention Relative to the Treatment of
 Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).
 (D)The Convention Relative to the Protection
 of Civilian Persons in Time of War, done at Geneva August 12, 1949 (6 UST
 3516).
 (c)ElementsThe 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
 applicable law, international obligations, and Executive orders, 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 any recommendations of a
 task force submitted pursuant to—
 (A)section 5(g) of Executive Order 13491 (74
 Fed. Reg. 4893; relating to ensuring lawful interrogations); or
 (B)section 1(g) of Executive Order 13493 (74
 Fed. Reg. 4901; relating to detention policy options).
 (3)A description of any actions taken pursuant
 to Executive Order 13491 or the recommendations of a task force issued pursuant
 to section 5(g) of Executive Order 13491 or section 1(g) of Executive Order
 13493 relating to detention or interrogation activities, if any, of any element
 of the intelligence community.
 (4)A description of any actions that have been
 taken to implement section 1004 of the Detainee Treatment Act of 2005 (119
 Stat. 2740; 42 U.S.C. 2000dd–1), and, with respect to each such action—
 (A)an identification of the official taking
 such action; and
 (B)a statement of the basis for such
 action.
 (5)Any other matters that the Director
 considers necessary to fully and currently inform the congressional
 intelligence committees about the implementation of applicable law,
 international obligations, and Executive orders relating to the detention or
 interrogation activities, if any, of any element of the intelligence community,
 including the Detainee Treatment Act of 2005 (title X of division A of Public
 Law 109–148; 119 Stat. 2739), related provisions of the Military Commissions
 Act of 2006 (Public Law 109–366; 120 Stat. 2600), common Article 3, the
 Convention Against Torture, Executive Order 13491, and Executive Order
 13493.
 (6)An appendix containing—
 (A)all guidelines for the application of
 applicable law, international obligations, or Executive orders to the detention
 or interrogation activities, if any, of any element of the intelligence
 community; and
 (B)the legal justifications of the Department
 of Justice about the meaning or application of applicable law, international
 obligations, or Executive orders, with respect to the detention or
 interrogation activities, if any, of any element of the intelligence
 community.
 (d)FormThe report required by subsection (a) shall
 be submitted in unclassified form, but may include a classified annex.
 (e)Submission to the congressional Armed
 Services CommitteesTo the
 extent that the report required by subsection (a) addresses an element of the
 intelligence community within the Department of Defense, the Director shall
 submit that portion of the report, and any associated material that is
 necessary to make that portion understandable, to the Committee on Armed
 Services of the Senate and the Committee on Armed Services of the House of
 Representatives.
 (f)Submission to
 the congressional judiciary committeesTo the extent that the
 report required by subsection (a) addresses an element of the intelligence
 community within the Department of Justice, the Director shall submit that
 portion of the report, and any associated material that is necessary to make
 that portion understandable, to the Committee on the Judiciary of the Senate
 and the Committee on the Judiciary of the House of Representatives.
 337.Reports on national security threat posed
 by Guantanamo Bay detaineesIn
 addition to the reports required by section 319 of the Supplemental
 Appropriations Act of 2009 (Public Law 111–32) and on the schedule required for
 such reports, the Director of National Intelligence shall submit to the
 congressional intelligence committees a report outlining the Director’s
 assessment of the suitability for release or transfer for detainees previously
 released or transferred, or to be released or transferred, from the Naval
 Detention Facility at Guantanamo Bay, Cuba to the United States or any other
 country. Each such report shall include—
 (1)a description of any objection to the
 release or recommendation against the release of such an individual made by any
 element of the intelligence community that determined the potential threat
 posed by a particular individual warranted the individual’s continued
 detention;
 (2)a detailed description of the intelligence
 information that led to such an objection or determination;
 (3)if an element of the intelligence community
 previously recommended against the release of such an individual and later
 retracted that recommendation, a detailed explanation of the reasoning for the
 retraction; and
 (4)an assessment of lessons learned from
 previous releases and transfers of individuals for whom the intelligence
 community objected or recommended against release.
 338.Report on retirement benefits for former
 employees of Air America
 (a)Requirement for reportNot later than 180 days after the date of
 the enactment of this Act, the Director of National Intelligence shall submit
 to Congress a report on the advisability of providing Federal retirement
 benefits to United States citizens for the service of such citizens prior to
 1977 as employees of Air America or an associated company during a period when
 Air America or the associated company was owned or controlled by the United
 States Government and operated or managed by the Central Intelligence
 Agency.
 (b)DefinitionsIn this section:
 (1)Air AmericaThe term Air America means Air
 America, Incorporated.
 (2)Associated companyThe term associated company
 means any entity associated with, predecessor to, or subsidiary to Air America,
 including Air Asia Company Limited, CAT Incorporated, Civil Air Transport
 Company Limited, and the Pacific Division of Southern Air Transport during the
 period when such an entity was owned and controlled by the United States
 Government.
 (c)Report elementsThe report required by subsection (a) shall
 include the following:
 (1)The history of Air America and the
 associated companies prior to 1977, including a description of—
 (A)the relationship between Air America and
 the associated companies and the Central Intelligence Agency or other elements
 of the United States Government;
 (B)the workforce of Air America and the
 associated companies;
 (C)the missions performed by Air America, the
 associated companies, and their employees for the United States; and
 (D)the casualties suffered by employees of Air
 America and the associated companies in the course of their employment.
 (2)A description of—
 (A)the retirement benefits contracted for, or
 promised to, the employees of Air America and the associated companies prior to
 1977;
 (B)the contributions made by such employees
 for such benefits;
 (C)the retirement benefits actually paid to
 such employees;
 (D)the entitlement of such employees to the
 payment of future retirement benefits; and
 (E)the likelihood that former employees of
 such companies will receive any future retirement benefits.
 (3)An assessment of the difference
 between—
 (A)the retirement benefits that former
 employees of Air America and the associated companies have received or will
 receive by virtue of their employment with Air America and the associated
 companies; and
 (B)the retirement benefits that such employees
 would have received or be eligible to receive if such employment was deemed to
 be employment by the United States Government and their service during such
 employment was credited as Federal service for the purpose of Federal
 retirement benefits.
 (4)(A)Any recommendations regarding the
 advisability of legislative action to treat such employment as Federal service
 for the purpose of Federal retirement benefits in light of the relationship
 between Air America and the associated companies and the United States
 Government and the services and sacrifices of such employees to and for the
 United States.
 (B)If
 legislative action is considered advisable under subparagraph (A), a proposal
 for such action and an assessment of its costs.
 (5)The opinions of the Director of the Central
 Intelligence Agency, if any, on the matters covered by the report that the
 Director of the Central Intelligence Agency considers appropriate.
 (d)Assistance of Comptroller
 GeneralThe 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).
 (e)FormThe report required by subsection (a) shall
 be submitted in unclassified form, but may include a classified annex.
 339.Report and strategic plan on biological
 weapons
 (a)Requirement for reportNot later than 180 days after the date of
 the enactment of this Act, the Director of National Intelligence shall submit
 to the congressional intelligence committees a report on—
 (1)the intelligence collection efforts of the
 United States dedicated to assessing the threat from biological weapons from
 state, non-state, or rogue actors, either foreign or domestic; and
 (2)efforts to protect the United States
 biodefense knowledge and infrastructure.
 (b)ContentThe report required by subsection (a) shall
 include—
 (1)an accurate assessment of the intelligence
 collection efforts of the United States dedicated to detecting the development
 or use of biological weapons by state, non-state, or rogue actors, either
 foreign or domestic;
 (2)detailed information on fiscal, human,
 technical, open source, and other intelligence collection resources of the
 United States dedicated for use against biological weapons;
 (3)an assessment of any problems that may
 reduce the overall effectiveness of United States intelligence collection and
 analysis to identify and protect biological weapons targets, including—
 (A)intelligence collection gaps or
 inefficiencies;
 (B)inadequate information sharing practices;
 or
 (C)inadequate cooperation among agencies or
 departments of the United States;
 (4)a strategic plan prepared by the Director
 of National Intelligence, in coordination with the Attorney General, the
 Secretary of Defense, and the Secretary of Homeland Security, that provides for
 actions for the appropriate elements of the intelligence community to close
 important intelligence gaps related to biological weapons;
 (5)a description of appropriate goals,
 schedules, milestones, or metrics to measure the long-term effectiveness of
 actions implemented to carry out the plan described in paragraph (4);
 and
 (6)any long-term resource and human capital
 issues related to the collection of intelligence regarding biological weapons,
 including any recommendations to address shortfalls of experienced and
 qualified staff possessing relevant scientific, language, and technical
 skills.
 (c)Implementation of strategic
 planNot later than 30 days
 after the date that the Director of National Intelligence submits the report
 required by subsection (a), the Director shall begin implementation of the
 strategic plan referred to in subsection (b)(4).
 340.Cybersecurity oversight
 (a)DefinitionsIn this section:
 (1)Cybersecurity programThe term cybersecurity program
 means a class or collection of similar cybersecurity operations of an agency or
 department of the United States that involves personally identifiable data that
 is—
 (A)screened by a cybersecurity system outside
 of the agency or department of the United States that was the intended
 recipient;
 (B)transferred, for the purpose of
 cybersecurity, outside the agency or department of the United States that was
 the intended recipient; or
 (C)transferred, for the purpose of
 cybersecurity, to an element of the intelligence community.
 (2)National Cyber Investigative Joint Task
 ForceThe term National
 Cyber Investigative Joint Task Force means the multi-agency cyber
 investigation coordination organization overseen by the Director of the Federal
 Bureau of Investigation known as the Nation Cyber Investigative Joint Task
 Force that coordinates, integrates, and provides pertinent information related
 to cybersecurity investigations.
 (3)Critical infrastructureThe term critical
 infrastructure has the meaning given that term in section 1016 of the
 USA PATRIOT Act (42 U.S.C. 5195c).
 (b)Notification of cybersecurity
 programs
 (1)Requirement for notification
 (A)Existing programsNot later than 30 days after the date of
 the enactment of this Act, the President shall submit to Congress a
 notification for each cybersecurity program in operation on such date that
 includes the documentation referred to in subparagraphs (A) through (E) of
 paragraph (2).
 (B)New programsNot later than 30 days after the date of
 the commencement of operations of a new cybersecurity program, the President
 shall submit to Congress a notification of such commencement that includes the
 documentation referred to in subparagraphs (A) through (E) of paragraph
 (2).
 (2)DocumentationA notification required by paragraph (1)
 for a cybersecurity program shall include—
 (A)the legal justification for the
 cybersecurity program;
 (B)the certification, if any, made pursuant to
 section 2511(2)(a)(ii)(B) of title 18, United States Code, or other statutory
 certification of legality for the cybersecurity program;
 (C)the concept for the operation of the
 cybersecurity program that is approved by the head of the appropriate agency or
 department;
 (D)the assessment, if any, of the privacy
 impact of the cybersecurity program prepared by the privacy or civil liberties
 protection officer or comparable officer of such agency or department;
 and
 (E)the plan, if any, for independent audit or
 review of the cybersecurity program to be carried out by the head of the
 relevant department or agency of the United States, in conjunction with the
 appropriate inspector general.
 (c)Program reports
 (1)Requirement for reportsThe head of a department or agency of the
 United States with responsibility for a cybersecurity program for which a
 notification was submitted under subsection (b), in conjunction with the
 inspector general for that department or agency, shall submit to Congress and
 the President, in accordance with the schedule set out in paragraph (2), a
 report on such cybersecurity program that includes—
 (A)the results of any audit or review of the
 cybersecurity program carried out under the plan referred to in subsection
 (b)(2)(E), if any; and
 (B)an assessment of whether the implementation
 of the cybersecurity program—
 (i)is in compliance with—
 (I)the legal justification referred to in
 subsection (b)(2)(A); and
 (II)the assessment referred to in subsection
 (b)(2)(D), if any;
 (ii)is adequately described by the concept of
 operation referred to in subsection (b)(2)(C), if any; and
 (iii)includes an adequate independent audit or
 review system and whether improvements to such independent audit or review
 system are necessary.
 (2)Schedule for submission of
 reportsThe reports required
 by paragraph (1) shall be submitted to Congress and the President according to
 the following schedule:
 (A)An initial report shall be submitted not
 later than 6 months after the date of the enactment of this Act.
 (B)A second report shall be submitted not
 later than 1 year after the date of the enactment of this Act.
 (C)Additional reports shall be submitted
 periodically thereafter, as necessary, as determined by the head of the
 relevant department or agency of the United States in conjunction with the
 inspector general of that department or agency.
 (3)Cooperation and coordination
 (A)CooperationThe head of each department or agency of
 the United States and inspector general required to submit a report under
 paragraph (1) shall work in conjunction, to the extent practicable, with any
 other such head or inspector general required to submit such a report.
 (B)CoordinationThe heads of each department or agency of
 the United States and inspectors general required to submit reports under
 paragraph (1) shall designate one such head and one such inspector general to
 coordinate the conduct of such reports.
 (d)Information sharing reportNot later than 1 year after the date of the
 enactment of this Act, the Inspector General of the Department of Homeland
 Security and the Inspector General of the Intelligence Community shall,
 jointly, submit to Congress and the President a report on the status of the
 sharing of cyber threat information, including—
 (1)a description of how cyber threat
 intelligence information, including classified information, is shared among the
 agencies and departments of the United States and with persons responsible for
 critical infrastructure;
 (2)a description of the mechanisms by which
 classified cyber threat information is distributed;
 (3)an assessment of the effectiveness of such
 information sharing and distribution; and
 (4)any other matters identified by such
 Inspectors General that would help to fully inform Congress or the President
 regarding the effectiveness and legality of cybersecurity programs.
 (e)Personnel details
 (1)Authority to detailNotwithstanding any other provision of law,
 the head of an element of the intelligence community that is funded through the
 National Intelligence Program may detail an officer or employee of such element
 to the National Cyber Investigative Joint Task Force or to the Department of
 Homeland Security to assist the Task Force or the Department with
 cybersecurity, as jointly agreed by the head of such element and the Task Force
 or the Department.
 (2)Basis for detailA personnel detail made under paragraph (1)
 may be made—
 (A)for a period of not more than 3 years;
 and
 (B)on a reimbursable or nonreimbursable
 basis.
 (f)SunsetThe requirements and authorities of this
 section shall terminate on December 31, 2012.
 341.Repeal or modification of certain reporting
 requirements
 (a)Annual report on intelligence
 (1)RepealSection 109 of the National Security Act of
 1947 (50 U.S.C. 404d) is repealed.
 (2)Table of contents amendmentThe 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 NationsSection 112 of the National Security Act of
 1947 (50 U.S.C. 404g) is amended—
 (1)by striking subsection (b); and
 (2)by redesignating subsections (c), (d), and
 (e) as subsections (b), (c), and (d), respectively.
 (c)Annual report on progress in auditable
 financial statements
 (1)RepealSection 114A of the National Security Act
 of 1947 (50 U.S.C. 404i–1) is repealed.
 (2)Table of contents amendmentThe table of contents in the first section
 of the National Security Act of 1947 is amended by striking the item relating
 to section 114A.
 (d)Elimination of reporting requirement on
 financial intelligence on terrorist assets
 (1)In generalSection 118 of the National Security Act of
 1947 (50 U.S.C. 404m) is amended—
 (A)in the section heading, by striking
 Semiannual report
 on and inserting Emergency notification
 regarding;
 (B)by striking subsection (a);
 (C)by redesignating subsection (b) as
 subsection (a);
 (D)by striking subsection (c); and
 (E)by redesignating subsection (d) as
 subsection (b).
 (2)Table of contents amendmentThe table of contents in the first section
 of the National Security Act of 1947 is amended by striking the item related to
 section 118 and inserting the following:
 Sec. 118. Emergency
 notification regarding financial intelligence on terrorist
 assets.
 .
 (e)Annual certification on counterintelligence
 initiativesSection 1102(b)
 of the National Security Act of 1947 (50 U.S.C. 442a(b)) is amended—
 (1)by striking (1); and
 (2)by striking paragraph (2).
 (f)Report and certification under terrorist
 identification classification systemSection 343 of the Intelligence
 Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n–2) is amended—
 (1)by striking subsection (d); and
 (2)by redesignating subsections (e), (f), (g),
 and (h) as subsections (d), (e), (f), and (g), respectively.
 (g)Annual report on counterdrug intelligence
 mattersSection 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.
 (h)Biennial report on foreign industrial
 espionageSubsection (b) of
 section 809 of the Intelligence Authorization Act for Fiscal Year 1995 (50
 U.S.C. App. 2170b) is amended—
 (1)in the heading, by striking
 Annual
 update and inserting Biennial report;
 (2)by striking paragraphs (1) and (2) and
 inserting the following:
 (1)Requirement to submitNot later than February 1, 2010 and once
 every two years thereafter, the President shall submit to the congressional
 intelligence committees and congressional leadership a report updating the
 information referred to in subsection (a) (1) (D) not later than February 1,
 2010 and every two years thereafter.
 ;
 and
 (3)by redesignating paragraph (3) as paragraph
 (2).
 (i)Conforming amendmentsSection 507(a) of the National Security Act
 of 1947 (50 U.S.C. 415b(a)) is amended—
 (1)in paragraph (1)—
 (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).
 EOther Matters
 351.Extension of authority to delete
 information about receipt and disposition of foreign gifts and
 decorationsParagraph (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 element
 of the intelligence community means an element of the intelligence
 community listed in or designated under section 3(4) of the National Security
 Act of 1947 (50 U.S.C.
 401a(4)).
 .
 352.Modification of availability of funds for
 different intelligence activitiesSubparagraph (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
 .
 353.Limitation on reprogrammings and transfers
 of funds
 (a)In GeneralParagraph (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
 353, 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)ProceduresSuch section 504 is further amended—
 (1)by redesignating subsections (c), (d), (e),
 and (f), as redesignated by section 334(2), as subsections (d), (e), (f), and
 (g), respectively; and
 (2)by inserting after subsection (b) the
 following new subsection (c):
 (c)(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)DefinitionsSubsection (g) of such section 504, as
 redesignated by subsection (b)(1) of this section, is amended—
 (1)by redesignating paragraph (3) as paragraph
 (4);
 (2)by redesignating paragraphs (1) and (2) as
 paragraphs (1) and (2), respectively;
 (3)by striking and at the end
 of paragraph (1), as redesignated by paragraph (2) of this subsection;
 and
 (4)by inserting after paragraph (2), as
 redesignated by paragraph (2) of this subsection, the following:
 (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);
 and
 .
 354.Protection of certain national security
 information
 (a)Increase in penalties for disclosure of
 undercover intelligence officers and agents
 (1)Disclosure of agent after access to
 information identifying agentSubsection (a) of section 601 of the
 National Security Act of 1947 (50 U.S.C. 421) is amended by striking ten
 years and inserting 15 years.
 (2)Disclosure of agent after access to
 classified informationSubsection (b) of such section is amended
 by striking five years and inserting 10
 years.
 (b)Modifications to annual report on
 protection of intelligence identitiesThe first sentence of section 603(a) of the
 National Security Act of 1947 (50 U.S.C. 423(a)) is amended by inserting
 including an assessment of the need for any modification of this title
 for the purpose of improving legal protections for covert agents, after
 measures to protect the identities of covert agents,.
 355.National Intelligence Program budget
 request
 (a)FindingCongress finds that the Report of the
 National Commission on Terrorist Attacks Upon the United States (the
 9/11 Commission) recommended that the overall amounts of
 money being appropriated for national intelligence and to its component
 agencies should no longer be kept secret and that Congress
 should pass a separate appropriations act for intelligence, defending the broad
 allocation of how these tens of billions of dollars have been assigned among
 the varieties of intelligence work..
 (b)National Intelligence Program budget
 requestSection 601 of the
 Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
 415c) is amended by striking subsection (b) and inserting the following:
 (b)Budget
 requestOn the date that the
 President submits to Congress the budget for a fiscal year required under
 section 1105 of title 31, United States Code, the President shall disclose to
 the public the aggregate amount of appropriations requested for that fiscal
 year for the National Intelligence
 Program.
 .
 356.Improving the review authority of the
 Public Interest Declassification BoardParagraph (5) of section 703(b) of the
 Public Interest Declassification Act of 2000 (50 U.S.C. 435 note) is
 amended—
 (1)by striking jurisdiction,
 and inserting jurisdiction or by a member of the committee of
 jurisdiction,; and
 (2)by inserting , evaluate the proper
 classification of certain records, after certain
 records.
 357.Authority to designate undercover
 operations to collect foreign intelligence or counterintelligenceParagraph (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).
 358.Correcting long-standing material
 weaknesses
 (a)DefinitionsIn this section:
 (1)Covered element of the intelligence
 communityThe term
 covered element of the intelligence community means—
 (A)the Central Intelligence Agency;
 (B)the Defense Intelligence Agency;
 (C)the National Geospatial-Intelligence
 Agency;
 (D)the National Reconnaissance Office;
 or
 (E)the National Security Agency.
 (2)Independent auditorThe term independent auditor
 means an individual who—
 (A)(i)is a Federal, State, or local government
 auditor who meets the independence standards included in generally accepted
 government auditing standards; or
 (ii)is a public accountant who meets such
 independence standards; and
 (B)is designated as an auditor by the Director
 of National Intelligence or the head of a covered element of the intelligence
 community, as appropriate.
 (3)Long-standing, correctable material
 weaknessThe term
 long-standing, correctable material weakness means a material
 weakness—
 (A)that was first reported in the annual
 financial report of a covered element of the intelligence community for a
 fiscal year prior to fiscal year 2007; and
 (B)the correction of which is not
 substantially dependent on a business system that will not be implemented prior
 to the end of fiscal year 2010.
 (4)Material weaknessThe term material weakness has
 the meaning given that term under the Office of Management and Budget Circular
 A–123, entitled Management's Responsibility for Internal
 Control, revised December 21, 2004.
 (5)Covered programThe term covered program
 means—
 (A)the Central Intelligence Agency
 Program;
 (B)the Consolidated Cryptologic
 Program;
 (C)the General Defense Intelligence
 Program;
 (D)the National Geospatial-Intelligence
 Program; or
 (E)the National Reconnaissance Program.
 (6)Senior intelligence management
 officialThe term
 senior intelligence management official means an official within a
 covered element of the intelligence community who holds a position—
 (A)(i)for which the level of the duties and
 responsibilities and the rate of pay are comparable to that of a
 position—
 (I)above grade 15 of the General Schedule (as
 described in section 5332 of title 5, United States Code); or
 (II)at or above level IV of the Executive Level
 (as described in section 5315 of title 5, United States Code); or
 (ii)as the head of a covered element of the
 intelligence community; and
 (B)which is compensated for employment with
 funds appropriated pursuant to an authorization of appropriations in this
 Act.
 (b)Identification of senior intelligence
 management officials
 (1)Requirement to identifyNot later than 30 days after the date of
 the enactment of this Act, the head of a covered element of the intelligence
 community shall identify each senior intelligence management official of such
 element who is responsible for correcting a long-standing, correctable material
 weakness.
 (2)Head of a covered element of the
 intelligence communityThe
 head of a covered element of the intelligence community may designate himself
 or herself as the senior intelligence management official responsible for
 correcting a long-standing, correctable material weakness.
 (3)Requirement to update
 designationIn the event a
 senior intelligence management official identified under paragraph (1) is
 determined by the head of the appropriate covered element of the intelligence
 community to no longer be responsible for correcting a long-standing,
 correctable material weakness, the head of such element shall identify the
 successor to such official not later than 10 days after the date of such
 determination.
 (c)NotificationNot later than 10 days after the date that
 the head of a covered element of the intelligence community has identified a
 senior intelligence management official pursuant to subsection (b)(1), the head
 of such element shall provide written notification of such identification to
 the Director of National Intelligence and to such senior intelligence
 management official.
 (d)Independent review
 (1)Notification of correction of
 deficiencyA senior
 intelligence management official who has received a notification under
 subsection (c) regarding a long-standing, correctable material weakness shall
 notify the head of the appropriate covered element of the intelligence
 community, not later than 5 days after the date that such official determines
 that the specified material weakness is corrected.
 (2)Requirement for independent review
 (A)In generalNot later than 10 days after the date a
 notification is provided under paragraph (1), the head of the appropriate
 covered element of the intelligence community shall appoint an independent
 auditor to conduct an independent review to determine whether the specified
 long-standing, correctable material weakness has been corrected.
 (B)Review already in processIf an independent review is already being
 conducted by an independent auditor, the head of the covered element of the
 intelligence community may approve the continuation of such review to comply
 with subparagraph (A).
 (C)Conduct of reviewA review conducted under subparagraph (A)
 or (B) shall be conducted as expeditiously as possible and in accordance with
 generally accepted accounting principles.
 (3)Notification of results of
 reviewNot later than 5 days
 after the date that a review required by paragraph (2) is completed, the
 independent auditor shall submit to the head of the covered element of the
 intelligence community, the Director of National Intelligence, and the senior
 intelligence management official involved a notification of the results of such
 review.
 (e)Congressional oversightThe head of a covered element of the
 intelligence community shall notify the congressional intelligence committees
 not later than 30 days after the date of—
 (1)that a senior intelligence management
 official is identified under subsection (b)(1) and notified under subsection
 (c); or
 (2)the correction of a long-standing,
 correctable material weakness, as verified by an independent review under
 subsection (d)(2).
 IVMATTERS RELATING TO ELEMENTS OF THE
 INTELLIGENCE COMMUNITY
 AOffice of the Director of National
 Intelligence
 401.Accountability reviews by the Director of
 National Intelligence
 (a)Responsibility of the Director of National
 IntelligenceSubsection (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;
 (2)in paragraph (3)—
 (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 ; and; and
 (3)by adding at the end 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 authoritiesSubsection (f) of section 102A of the
 National Security Act of 1947 (50 U.S.C. 403–1) is amended—
 (1)by redesignating paragraphs (7) and (8) as
 paragraphs (8) and (9), respectively; and
 (2)by inserting after paragraph (6) the
 following new paragraph:
 (7)(A)The Director of National Intelligence
 shall, if the Director determines it is necessary, or may, if requested by a
 congressional intelligence committee, conduct an accountability review of an
 element of the intelligence community or the personnel of such element in
 relation to a failure or deficiency within the intelligence community.
 (B)The Director of National Intelligence, in
 consultation with the Attorney General, shall establish guidelines and
 procedures for conducting an accountability review under subparagraph
 (A).
 (C)(i)The Director of National Intelligence shall
 provide the findings of an accountability review conducted under subparagraph
 (A) and the Director's recommendations for corrective or punitive action, if
 any, to the head of the applicable element of the intelligence community. Such
 recommendations may include a recommendation for dismissal of personnel.
 (ii)If the head of such element does not
 implement a recommendation made by the Director under clause (i), the head of
 such element shall submit to the congressional intelligence committees a notice
 of the determination not to implement the recommendation, including the reasons
 for the determination.
 (D)The requirements of this paragraph shall
 not limit any authority of the Director of National Intelligence under
 subsection (m) or with respect to supervision of the Central Intelligence
 Agency.
 .
 402.Authorities for intelligence information
 sharing
 (a)Authorities for interagency
 fundingSection 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 agenciesNotwithstanding
 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.
 (c)Reports
 (1)Requirement for reportsNot later than February 1 of each of the
 fiscal years 2011 through 2014, 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)ContentEach 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.
 403.Authorities for interagency
 funding
 (a)In generalSection 102A of the National Security Act
 of 1947 (50 U.S.C. 403–1), as amended by sections 303, 304, and 312, is further
 amended by adding at the end the following new subsection:
 (x)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
 (ii)by the Director.
 (2)No provision of law enacted after the date
 of the enactment of the Intelligence
 Authorization Act for Fiscal Year 2010 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)ReportsNot later than February 1 of each fiscal
 year 2011 through 2014, the Director of National Intelligence shall submit to
 the congressional intelligence committees a report detailing the exercise of
 any authority pursuant to subsection (x) of section 102A of the National
 Security Act of 1947 (50 U.S.C. 403–1), as added by subsection (a), during the
 preceding fiscal year.
 404.Location of the Office of the Director of
 National IntelligenceSubsection (e) of section 103 of the
 National Security Act of 1947 (50 U.S.C. 403–3) is amended to read as
 follows:
 (e)Location of the Office of the Director of
 National IntelligenceThe
 headquarters of the Office of the Director of National Intelligence may be
 located in the Washington metropolitan region, as that term is defined in
 section 8301 of title 40, United States
 Code.
 .
 405.Additional duties of the Director of
 Science and Technology
 (a)In generalSection 103E of the National Security Act
 of 1947 (50 U.S.C. 403–3e) is amended—
 (1)in subsection (c)—
 (A)by redesignating paragraph (5) as paragraph
 (7);
 (B)in paragraph (4), by striking
 and at the end; and
 (C)by inserting after paragraph (4) the
 following:
 (5)assist the Director in establishing goals
 for basic, applied, and advanced research to meet the technology needs of the
 intelligence community and to be executed by elements of the intelligence
 community by—
 (A)systematically identifying, assessing, and
 prioritizing the most significant intelligence challenges that require
 technical solutions; and
 (B)examining options to enhance the
 responsiveness of research programs;
 (6)submit to Congress an annual report on the
 science and technology strategy of the Director;
 and
 ;
 and
 (2)in paragraph (3) of subsection (d)—
 (A)by redesignating subparagraphs (A) and (B)
 as subparagraphs (B) and (C), respectively;
 (B)in subparagraph (B), as so redesignated, by
 inserting and prioritize after coordinate;
 and
 (C)by inserting before subparagraph (B), as so
 redesignated, the following new subparagraph:
 (A)identify basic, advanced, and applied
 research programs to be executed by elements of the intelligence
 community;
 .
 (b)Sense of Congress on supervision of the
 Director of Science and TechnologyIt is the sense of Congress that the
 Director of Science and Technology of the Office of the Director of National
 Intelligence should report only to a member of such Office who is appointed by
 the President, by and with the consent of the Senate.
 406.Title and appointment of Chief Information
 Officer of the Intelligence CommunitySection 103G of the National Security Act of
 1947 (50 U.S.C. 403–3g) is amended—
 (1)in subsection (a)—
 (A)by inserting of the Intelligence
 Community after Chief Information Officer; and
 (B)by striking President, and
 all that follows and inserting President.;
 (2)by striking subsection (b) and
 redesignating subsections (c) and (d) as subsections (b) and (c),
 respectively;
 (3)in subsection (b) (as so redesignated), by
 inserting of the Intelligence Community after Chief
 Information Officer; and
 (4)in subsection (c) (as so redesignated), by
 inserting of the Intelligence Community after Chief
 Information Officer the first place it appears.
 407.Inspector General of the Intelligence
 Community
 (a)Establishment
 (1)In generalTitle 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:
 103H.Inspector General of the Intelligence
 Community(a)Office of Inspector General of the
 Intelligence CommunityThere
 is within the Office of the Director of National Intelligence an Office of the
 Inspector General of the Intelligence Community.
 (b)PurposeThe purpose of the Office of the Inspector
 General of the Intelligence Community is—
 (1)to create an objective and effective
 office, appropriately accountable to Congress, to initiate and conduct
 independently investigations, inspections, audits, and reviews on programs and
 activities within the responsibility and authority of the Director of National
 Intelligence;
 (2)to provide leadership and coordination and
 recommend policies for activities designed—
 (A)to promote economy, efficiency, and
 effectiveness in the administration and implementation of such programs and
 activities; and
 (B)to prevent and detect fraud and abuse in
 such programs and activities;
 (3)to provide a means for keeping the Director
 of National Intelligence fully and currently informed about—
 (A)problems and deficiencies relating to the
 administration of programs and activities within the responsibility and
 authority of the Director of National Intelligence; and
 (B)the necessity for, and the progress of,
 corrective actions; and
 (4)in the manner prescribed by this section,
 to ensure that the congressional intelligence committees are kept similarly
 informed of—
 (A)significant problems and deficiencies
 relating to programs and activities within the responsibility and authority of
 the Director of National Intelligence; and
 (B)the necessity for, and the progress of,
 corrective actions.
 (c)Inspector General of the Intelligence
 Community(1)There is an Inspector General of the
 Intelligence Community, who shall be the head of the Office of the Inspector
 General of the Intelligence Community, who shall be appointed by the President,
 by and with the advice and consent of the Senate.
 (2)The nomination of an individual for
 appointment as Inspector General shall be made—
 (A)without regard to political
 affiliation;
 (B)on
 the basis of integrity, compliance with security standards of the intelligence
 community, and prior experience in the field of intelligence or national
 security; and
 (C)on
 the basis of demonstrated ability in accounting, financial analysis, law,
 management analysis, public administration, or investigations.
 (3)The Inspector General shall report directly
 to and be under the general supervision of the Director of National
 Intelligence.
 (4)The Inspector General may be removed from
 office only by the President. The President shall communicate in writing to the
 congressional intelligence committees the reasons for the removal not later
 than 30 days prior to the effective date of such removal.
 (d)Assistant Inspectors GeneralSubject to applicable law and the policies
 of the Director of National Intelligence, the Inspector General shall—
 (1)appoint an Assistant Inspector General for
 Audit who shall have the responsibility for supervising the performance of
 auditing activities relating to programs and activities within the
 responsibility and authority of the Director;
 (2)appoint an Assistant Inspector General for
 Investigations who shall have the responsibility for supervising the
 performance of investigative activities relating to such programs and
 activities; and
 (3)appoint other Assistant Inspectors General
 that, in the judgment of the Inspector General, are necessary to carry out the
 duties of the Inspector General.
 (e)Duties and responsibilitiesIt shall be the duty and responsibility of
 the Inspector General of the Intelligence Community—
 (1)to provide policy direction for, and to
 plan, conduct, supervise, and coordinate independently, the investigations,
 inspections, audits, and reviews relating to programs and activities within the
 responsibility and authority of the Director of National Intelligence;
 (2)to keep the Director of National
 Intelligence fully and currently informed concerning violations of law and
 regulations, fraud and other serious problems, abuses, and deficiencies
 relating to the programs and activities within the responsibility and authority
 of the Director, to recommend corrective action concerning such problems, and
 to report on the progress made in implementing such corrective action;
 (3)to take due regard for the protection of
 intelligence sources and methods in the preparation of all reports issued by
 the Inspector General, and, to the extent consistent with the purpose and
 objective of such reports, take such measures as may be appropriate to minimize
 the disclosure of intelligence sources and methods described in such reports;
 and
 (4)in the execution of the duties and
 responsibilities under this section, to comply with generally accepted
 government auditing.
 (f)Limitations on activities(1)The Director of National Intelligence may
 prohibit the Inspector General of the Intelligence Community from initiating,
 carrying out, or completing any investigation, inspection, audit, or review if
 the Director determines that such prohibition is necessary to protect vital
 national security interests of the United States.
 (2)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 statement under paragraph (2) is submitted, and, to the
 extent consistent with the protection of intelligence sources and methods,
 provide the Inspector General with a copy of such statement.
 (4)The Inspector General may submit to the
 congressional intelligence committees any comments on the statement of which
 the Inspector General has notice under paragraph (3) that the Inspector General
 considers appropriate.
 (g)Authorities(1)The Inspector General of the Intelligence
 Community shall have direct and prompt access to the Director of National
 Intelligence when necessary for any purpose pertaining to the performance of
 the duties of the Inspector General.
 (2)(A)The Inspector General shall, subject to the
 limitations in subsection (f), make such investigations and reports relating to
 the administration of the programs and activities within the authorities and
 responsibilities of the Director as are, in the judgment of the Inspector
 General, necessary or desirable.
 (B)The Inspector General shall have access to
 any employee, or any employee of contract personnel, of any element of the
 intelligence community needed for the performance of the duties of the
 Inspector General.
 (C)The Inspector General shall have direct
 access to all records, reports, audits, reviews, documents, papers,
 recommendations, or other material which relate to the programs and activities
 with respect to which the Inspector General has responsibilities under this
 section.
 (D)The level of classification or
 compartmentation of information shall not, in and of itself, provide a
 sufficient rationale for denying the Inspector General access to any materials
 under subparagraph (C).
 (E)The Director, or on the recommendation of
 the Director, another appropriate official of the intelligence community, shall
 take appropriate administrative actions against an employee, or an employee of
 contract personnel, of an element of the intelligence community that fails to
 cooperate with the Inspector General. Such administrative action may include
 loss of employment or the termination of an existing contractual
 relationship.
 (3)The Inspector General is authorized to
 receive and investigate, pursuant to subsection (h), complaints or information
 from any person concerning the existence of an activity within the authorities
 and responsibilities of the Director of National Intelligence constituting a
 violation of laws, rules, or regulations, or mismanagement, gross waste of
 funds, abuse of authority, or a substantial and specific danger to the public
 health and safety. Once such complaint or information has been received from an
 employee of the intelligence community—
 (A)the Inspector General shall not disclose
 the identity of the employee without the consent of the employee, unless the
 Inspector General determines that such disclosure is unavoidable during the
 course of the investigation or the disclosure is made to an official of the
 Department of Justice responsible for determining whether a prosecution should
 be undertaken; and
 (B)no
 action constituting a reprisal, or threat of reprisal, for making such
 complaint or disclosing such information to the Inspector General may be taken
 by any employee in a position to take such actions, unless the complaint was
 made or the information was disclosed with the knowledge that it was false or
 with willful disregard for its truth or falsity.
 (4)The Inspector General shall have authority
 to administer to or take from any person an oath, affirmation, or affidavit,
 whenever necessary in the performance of the duties of the Inspector General,
 which oath, affirmation, or affidavit when administered or taken by or before
 an employee of the Office of the Inspector General of the Intelligence
 Community designated by the Inspector General shall have the same force and
 effect as if administered or taken by, or before, an officer having a
 seal.
 (5)(A)Except as provided in subparagraph (B), the
 Inspector General is authorized to require by subpoena the production of all
 information, documents, reports, answers, records, accounts, papers, and other
 data in any medium (including electronically stored information, as well as any
 tangible thing) and documentary evidence necessary in the performance of the
 duties and responsibilities of the Inspector General.
 (B)In the case of departments, agencies, and
 other elements of the United States Government, the Inspector General shall
 obtain information, documents, reports, answers, records, accounts, papers, and
 other data and evidence for the purpose specified in subparagraph (A) using
 procedures other than by subpoenas.
 (C)The Inspector General may not issue a
 subpoena for, or on behalf of, any component of the Office of the Director of
 National Intelligence or any element of the intelligence community, including
 the Office of the Director of National Intelligence.
 (D)In the case of contumacy or refusal to obey
 a subpoena issued under this paragraph, the subpoena shall be enforceable by
 order of any appropriate district court of the United States.
 (6)The Inspector General may obtain services
 as authorized by section 3109 of title 5, United States Code, at daily rates
 not to exceed the equivalent rate prescribed for grade 15 of the General
 Schedule (as described in section 5332 of title 5, United States Code).
 (7)The Inspector General may, to the extent
 and in such amounts as may be provided in appropriations, enter into contracts
 and other arrangements for audits, studies, analyses, and other services with
 public agencies and with private persons, and to make such payments as may be
 necessary to carry out the provisions of this section.
 (h)Coordination among inspectors
 general(1)(A)In the event of a matter within the
 jurisdiction of the Inspector General of the Intelligence Community that may be
 subject to an investigation, inspection, audit, or review by both the Inspector
 General of the Intelligence Community and an inspector general, 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, audit, or review to avoid unnecessary
 duplication of the activities of the Offices of the Inspectors General.
 (B)In attempting to resolve a question under
 subparagraph (A), the inspectors general concerned may request the assistance
 of the Intelligence Community Inspectors General Forum established under
 paragraph (2). In the event of a dispute between an inspector general within 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
 such Forum, the inspectors general shall submit the question to the Director of
 National Intelligence and the head of the affected agency or department for
 resolution.
 (2)(A)There is established the Intelligence
 Community Inspectors General Forum, which shall consist of all statutory or
 administrative inspectors general with oversight responsibility for an element
 or elements of the intelligence community.
 (B)The Inspector General of the Intelligence
 Community shall serve as the Chair of the Forum established under subparagraph
 (A). The Forum shall have no administrative authority over any inspector
 general, but shall serve as a mechanism for informing its members of the work
 of individual members of the Forum that may be of common interest and
 discussing questions about jurisdiction or access to employees, employees of
 contract personnel, records, audits, reviews, documents, recommendations, or
 other materials that may involve or be of assistance to more than 1 of its
 members.
 (3)The Inspector General conducting an
 investigation, inspection, audit, or review covered by paragraph (1) shall
 submit the results of such investigation, inspection, audit, or review to any
 other Inspector General, including the Inspector General of the Intelligence
 Community, with jurisdiction to conduct such investigation, inspection, audit,
 or review who did not conduct such investigation, inspection, audit, or
 review.
 (i)Counsel to the Inspector
 GeneralThe Inspector General
 of the Intelligence Community shall—
 (1)appoint a Counsel to the Inspector General
 who shall report to the Inspector General; or
 (2)obtain the services of a counsel appointed
 by and directly reporting to another Inspector General or the Council of the
 Inspectors General on Integrity and Efficiency on a reimbursable basis.
 (j)Staff and other support(1)The Director of National Intelligence shall
 provide the Inspector General of the Intelligence Community with appropriate
 and adequate office space at central and field office locations, together with
 such equipment, office supplies, maintenance services, and communications
 facilities and services as may be necessary for the operation of such
 offices.
 (2)(A)Subject to applicable law and the policies
 of the Director of National Intelligence, the Inspector General shall select,
 appoint, and employ such officers and employees as may be necessary to carry
 out the functions, powers, and duties of the Inspector General. The Inspector
 General shall ensure that any officer or employee so selected, appointed, or
 employed has security clearances appropriate for the assigned duties of such
 officer or employee.
 (B)In making selections under subparagraph
 (A), the Inspector General shall ensure that such officers and employees have
 the requisite training and experience to enable the Inspector General to carry
 out the duties of the Inspector General effectively.
 (C)In meeting the requirements of this
 paragraph, the Inspector General shall create within the Office of the
 Inspector General of the Intelligence Community a career cadre of sufficient
 size to provide appropriate continuity and objectivity needed for the effective
 performance of the duties of the Inspector General.
 (3)Consistent with budgetary and personnel
 resources allocated by the Director of National Intelligence, the Inspector
 General has final approval of—
 (A)the selection of internal and external
 candidates for employment with the Office of the Inspector General; and
 (B)all other personnel decisions concerning
 personnel permanently assigned to the Office of Inspector General, including
 selection and appointment to the Senior Intelligence Service, but excluding all
 security based determinations that are not within the authority of a head of a
 component of the Office of the Director of National Intelligence.
 (4)(A)Subject to the concurrence of the Director
 of National Intelligence, the Inspector General may request such information or
 assistance as may be necessary for carrying out the duties and responsibilities
 of the Inspector General from any department, agency, or other element of the
 United States Government.
 (B)Upon request of the Inspector General for
 information or assistance under subparagraph (A), the head of the department,
 agency, or element concerned shall, insofar as is practicable and not in
 contravention of any existing statutory restriction or regulation of the
 department, agency, or element, furnish to the Inspector General, 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 and in coordination with that element’s inspector
 general pursuant to subsection (h), conduct, as authorized by this section, an
 investigation, inspection, audit, or review of such element and may enter into
 any place occupied by such element for purposes of the performance of the
 duties of the Inspector General.
 (k)Reports(1)(A)The Inspector General of the Intelligence
 Community shall, not later than January 31 and July 31 of each year, prepare
 and submit to the Director of National Intelligence a classified, and, as
 appropriate, unclassified semiannual report summarizing the activities of the
 Office of the Inspector General of the Intelligence Community during the
 immediately preceding 6-month period ending December 31 (of the preceding year)
 and June 30, respectively. The Inspector General of the Intelligence Community
 shall provide any portion of the report involving a component of a department
 of the United States Government to the head of that department simultaneously
 with submission of the report to the Director of National Intelligence.
 (B)Each report under this paragraph shall
 include, at a minimum, the following:
 (i)A
 list of the title or subject of each investigation, inspection, audit, or
 review conducted during the period covered by such report.
 (ii)A
 description of significant problems, abuses, and deficiencies relating to the
 administration of programs and activities of the intelligence community within
 the responsibility and authority of the Director of National Intelligence, and
 in the relationships between elements of the intelligence community, identified
 by the Inspector General during the period covered by such report.
 (iii)A description of the recommendations for
 corrective action made by the Inspector General during the period covered by
 such report with respect to significant problems, abuses, or deficiencies
 identified in clause (ii).
 (iv)A
 statement of whether or not corrective action has been completed on each
 significant recommendation described in previous semiannual reports, and, in a
 case where corrective action has been completed, a description of such
 corrective action.
 (v)A
 certification of whether or not the Inspector General has had full and direct
 access to all information relevant to the performance of the functions of the
 Inspector General.
 (vi)A
 description of the exercise of the subpoena authority under subsection (g)(5)
 by the Inspector General during the period covered by such report.
 (vii)Such recommendations as the Inspector
 General considers appropriate for legislation to promote economy, efficiency,
 and effectiveness in the administration and implementation of programs and
 activities within the responsibility and authority of the Director of National
 Intelligence, and to detect and eliminate fraud and abuse in such programs and
 activities.
 (C)Not later than 30 days after the date of
 receipt of a report under subparagraph (A), the Director shall transmit the
 report to the congressional intelligence committees together with any comments
 the Director considers appropriate. The Director shall transmit to the
 committees of the Senate and of the House of Representatives with jurisdiction
 over a department of the United States Government any portion of the report
 involving a component of such department simultaneously with submission of the
 report to the congressional intelligence committees.
 (2)(A)The Inspector General shall report
 immediately to the Director whenever the Inspector General becomes aware of
 particularly serious or flagrant problems, abuses, or deficiencies relating to
 programs and activities within the responsibility and authority of the Director
 of National Intelligence.
 (B)The Director shall transmit to the
 congressional intelligence committees each report under subparagraph (A) within
 7 calendar days of receipt of such report, together with such comments as the
 Director considers appropriate. The Director shall transmit to the committees
 of the Senate and of the House of Representatives with jurisdiction over a
 department of the United States Government any portion of each report under
 subparagraph (A) that involves a problem, abuse, or deficiency related to a
 component of such department simultaneously with transmission of the report to
 the congressional intelligence committees.
 (3)(A)In the event that—
 (i)the Inspector General is unable to resolve
 any differences with the Director affecting the execution of the duties or
 responsibilities of the Inspector General;
 (ii)an investigation, inspection, audit, or
 review carried out by the Inspector General focuses on any current or former
 intelligence community official who—
 (I)holds or held a position in an element of
 the intelligence community that is subject to appointment by the President,
 whether or not by and with the advice and consent of the Senate, including such
 a position held on an acting basis;
 (II)holds or held a position in an element of
 the intelligence community, including a position held on an acting basis, that
 is appointed by the Director of National Intelligence; or
 (III)holds or held a position as head of an
 element of the intelligence community or a position covered by subsection (b)
 or (c) of section 106;
 (iii)a matter requires a report by the Inspector
 General to the Department of Justice on possible criminal conduct by a current
 or former official described in clause (ii);
 (iv)the Inspector General receives notice from
 the Department of Justice declining or approving prosecution of possible
 criminal conduct of any current or former official described in clause (ii);
 or
 (v)the Inspector General, after exhausting all
 possible alternatives, is unable to obtain significant documentary information
 in the course of an investigation, inspection, audit, or review,
 the Inspector General shall immediately notify, and
 submit a report to, the congressional intelligence committees on such
 matter.(B)The Inspector General shall submit to the
 committees of the Senate and of the House of Representatives with jurisdiction
 over a department of the United States Government any portion of each report
 under subparagraph (A) that involves an investigation, inspection, audit, or
 review carried out by the Inspector General focused on any current or former
 official of a component of such department simultaneously with submission of
 the report to the congressional intelligence committees.
 (4)Pursuant to title V, the Director shall
 submit to the congressional intelligence committees any report or findings and
 recommendations of an investigation, inspection, audit, or review conducted by
 the office which has been requested by the Chairman or Vice Chairman or Ranking
 Minority Member of either committee.
 (5)(A)An employee of an element of the
 intelligence community, an employee assigned or detailed to an element of the
 intelligence community, or an employee of contract personnel 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 congressional
 intelligence committees in accordance with appropriate security
 practices.
 (iii)A member or employee of one of the
 congressional intelligence committees who receives a complaint or information
 under 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 within the responsibility and authority of the Director
 of National Intelligence involving classified information, but does not include
 differences of opinions concerning public policy matters.
 (ii)A
 false statement to Congress, or a willful withholding from Congress, on an
 issue of material fact relating to the funding, administration, or operation of
 an intelligence activity.
 (iii)An action, including a personnel action
 described in section 2302(a)(2)(A) of title 5, United States Code, constituting
 reprisal or threat of reprisal prohibited under subsection (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).
 (I)Nothing in this section shall be construed
 to limit the protections afforded to an employee under the Intelligence
 Community Whistleblower Protection Act of 1988 (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 expeditiously report to the
 Attorney General any information, allegation, or complaint received by the
 Inspector General relating to violations of Federal criminal law that involves
 a program or operation of an element of the intelligence community, or in the
 relationships between the elements of the intelligence community, consistent
 with such guidelines as may be issued by the Attorney General pursuant to
 subsection (b)(2) of such section. A copy of each such report shall be
 furnished to the Director.
 (l)Construction of duties regarding elements
 of intelligence communityExcept as resolved pursuant to subsection
 (h), the performance by the Inspector General of the Intelligence Community of
 any duty, responsibility, or function regarding an element of the intelligence
 community shall not be construed to modify or affect the duties and
 responsibilities of any other Inspector General, whether statutory or
 administrative, having duties and responsibilities relating to such
 element.
 (m)Separate budget accountThe 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.
 (n)Budget(1)For each fiscal year, the Inspector General
 of the Intelligence Community shall transmit a budget estimate and request to
 the Director of National Intelligence that specifies for such fiscal
 year—
 (A)the aggregate amount requested for the
 operations of the Inspector General;
 (B)the amount requested for all training
 requirements of the Inspector General, including a certification from the
 Inspector General that the amount requested is sufficient to fund all training
 requirements for the Office of the Inspector General; and
 (C)the amount requested to support the Council
 of the Inspectors General on Integrity and Efficiency, including a
 justification of such amount.
 (2)In transmitting a proposed budget to the
 President for a fiscal year, the Director of National Intelligence shall
 include for such fiscal year—
 (A)the aggregate amount requested for the
 Inspector General of the Intelligence Community;
 (B)the amount requested by the Inspector
 General for training;
 (C)the amounts requested to support of the
 Council of the Inspectors General on Integrity and Efficiency; and
 (D)the comments of the Inspector General, if
 any, with respect to the proposal.
 (3)The Director of National Intelligence shall
 submit to the congressional intelligence committees, the Committee on
 Appropriations of the Senate, and the Committee on Appropriations of the House
 of Representatives for each fiscal year—
 (A)a
 separate statement of the budget estimate transmitted pursuant to paragraph
 (1);
 (B)the amount requested by the Director for
 the Inspector General pursuant to paragraph (2);
 (C)the amount requested by the Director for
 training for personnel of the Office of the Inspector General;
 (D)the amount requested by the Director for
 support for the Council of the Inspectors General on Integrity and Efficiency;
 and
 (E)the comments of the Inspector General, if
 any, on the amount requested pursuant to paragraph (2), including whether such
 amount would substantially inhibit the Inspector General from performing the
 duties of the Office of the Inspector
 General.
 .
 (2)Table of contents amendmentThe 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)Pay of Inspector GeneralSubparagraph (A) of section 4(a)(3) of the
 Inspector General Reform Act of 2008 (Public Law 110–409; 5 U.S.C. App. note)
 is amended by inserting the Inspector General of the Intelligence
 Community, after basic pay of.
 (c)ConstructionNothing in the amendment made by subsection
 (a)(1) shall be construed to alter the duties and responsibilities of the
 General Counsel of the Office of the Director of National Intelligence. The
 Counsel to the Inspector General of the Intelligence Community appointed
 pursuant to section 103H(i) of the National Security Act of 1947 (50 U.S.C. 402
 et seq.), as added by subsection (a)(1), shall perform the functions as such
 Inspector General may prescribe.
 (d)Repeal of superseded authority To establish
 position
 (1)In generalSection 8K of the Inspector General Act of
 1978 (5 U.S.C. App.) shall be repealed on the date that the President nominates
 the first individual to serve as Inspector General for the Intelligence
 Community pursuant to section 103H of the National Security Act of 1947, as
 added by subsection (a).
 (2)TransitionNotwithstanding the repeal of section 8K of
 the Inspector General Act of 1978 (5 U.S.C. App.) pursuant to paragraph (1),
 the individual serving as Inspector General pursuant to such section 8K may
 continue such service until an individual is appointed as the Inspector General
 of the Intelligence Community, by and with the advice and consent of the
 Senate, pursuant to such section 103H and assumes the duties of that
 position.
 408.Chief Financial Officer of the Intelligence
 Community
 (a)EstablishmentTitle 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(a)(1), the
 following new section:
 103I.Chief Financial Officer of the Intelligence
 Community(a)Chief Financial Officer of the Intelligence
 CommunityTo 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 responsibilitiesSubject 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;
 (4)ensure that—
 (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 lawThe 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 officerAn 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)DefinitionsIn 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 amendmentThe table of contents in the first section
 of the National Security Act of 1947, as amended by section 406, 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.
 .
 409.Leadership and location of certain offices
 and officials
 (a)National Counter Proliferation
 CenterSection 119A(a) of the
 National Security Act of 1947 (50 U.S.C. 404o–1(a)) is amended—
 (1)by striking (a)
 Establishment.—Not later than 18 months after the
 date of the enactment of the National Security Intelligence Reform Act of 2004,
 the and inserting the following:
 (a)In General
 (1)EstablishmentThe
 ;
 and
 (2)by adding at the end the following new
 paragraphs:
 (2)DirectorThe 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)LocationThe National Counter Proliferation Center
 shall be located within the Office of the Director of National
 Intelligence.
 .
 (b)OfficersSection 103(c) of that Act (50 U.S.C.
 403–3(c)) is amended—
 (1)by redesignating paragraph (9) as paragraph
 (14); and
 (2)by inserting after paragraph (8) the
 following new paragraphs:
 (9)The Chief Information Officer of the
 Intelligence Community.
 (10)The Inspector General of the Intelligence
 Community.
 (11)The Director of the National
 Counterterrorism Center.
 (12)The Director of the National Counter
 Proliferation Center.
 (13)The Chief Financial Officer of the
 Intelligence
 Community
 .
 410.National Space Intelligence Office
 (a)Establishment
 (1)In generalTitle 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:
 119C.National Space Intelligence Office(a)EstablishmentThere is established within the Office of
 the Director of National Intelligence a National Space Intelligence
 Office.
 (b)Director of National Space Intelligence
 OfficeThe 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)MissionsThe 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 InformationThe 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 AccountThe Director of National Intelligence shall
 include in the National Intelligence Program budget a separate line item for
 the National Space Intelligence
 Office.
 .
 (2)Table of contents amendmentThe 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 requiredNot 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)ElementsThe 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.
 411.Protection of
 certain files of the Office of the Director of National Intelligence
 (a)In
 generalTitle 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:
 706.Protection of certain files of the Office of the Director of
 National Intelligence(a)Inapplicability of
 FOIA to exempted operational files provided to ODNI(1)Subject to paragraph
 (2), the provisions of section 552 of title 5, United States Code, that require
 search, review, publication, or disclosure of a record shall not apply to a
 record provided to the Office by an element of the intelligence community from
 the exempted operational files of such element.
 (2)Paragraph (1) shall not apply with
 respect to a record of the Office that—
 (A)contains information derived or
 disseminated from an exempted operational file, unless such record is created
 by the Office for the sole purpose of organizing such exempted operational file
 for use by the Office;
 (B)is disseminated by the Office to a
 person other than an officer, employee, or contractor of the Office; or
 (C)is no longer designated as an exempted
 operational file in accordance with this title.
 (b)Effect of
 providing files to ODNINotwithstanding any other provision of
 this title, an exempted operational file that is provided to the Office by an
 element of the intelligence community shall not be subject to the provisions of
 section 552 of title 5, United States Code, that require search, review,
 publication, or disclosure of a record solely because such element provides
 such exempted operational file to the Office.
 (c)DefinitionsIn
 this section:
 (1)The term
 exempted operational file means a file of an element of the
 intelligence community that, in accordance with this title, is exempted from
 the provisions of section 552 of title 5, United States Code, that require
 search, review, publication, or disclosure of such file.
 (2)Except as
 otherwise specifically provided, the term Office means the
 Office of the Director of National Intelligence.
 (d)Search and Review for Certain
 PurposesNotwithstanding
 subsection (a) or (b), 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 for any impropriety or violation of law, Executive order, or
 Presidential directive, in the conduct of an intelligence activity by any of
 the following:
 (A)The Select Committee on Intelligence of the
 Senate.
 (B)The Permanent Select Committee on
 Intelligence of the House of Representatives.
 (C)The Intelligence Oversight Board.
 (D)The Department of Justice.
 (E)The Office.
 (F)The Office of the Inspector General of the
 Intelligence Community.
 (e)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
 2010 or before the expiration of the 10-year period beginning on
 the date of the most recent review.
 (B)Whether the Director of National
 Intelligence, in fact, considered the criteria set forth in paragraph (2) in
 conducting the required review.
 (f)Supersedure of other lawsThe 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.
 (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 has withheld records improperly
 because of failure to comply with any provision of this section, judicial
 review shall be available under the terms set forth in section 552(a)(4)(B) of
 title 5, United States Code.
 (2)Judicial review shall not be available in
 the manner provided for under paragraph (1) as follows:
 (A)In any case in which information
 specifically authorized under criteria established by an Executive order to be
 kept secret in the interests of national defense or foreign relations is filed
 with, or produced for, the court by the Office, such information shall be
 examined ex parte, in camera by the court.
 (B)The court shall determine, to the fullest
 extent practicable, the issues of fact based on sworn written submissions of
 the parties.
 (C)(i)When a complainant alleges that requested
 records were improperly withheld because of improper exemption of operational
 files, the Office 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 files likely to contain responsive records are records provided
 to the Office by an element of the intelligence community from the exempted
 operational files of such element.
 (ii)The court may not order the Office to
 review the content of any exempted file 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.
 (D)In proceedings under subparagraph (C), a
 party may not obtain discovery pursuant to rules 26 through 36 of the Federal
 Rules of Civil Procedure, except that requests for admissions may be made
 pursuant to rules 26 and 36.
 (E)If the court finds under this subsection
 that the Office has improperly withheld requested records because of failure to
 comply with any provision of this section, the court shall order the Office to
 search and review the appropriate exempted 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.
 (F)If at any time following the filing of a
 complaint pursuant to this paragraph the Office agrees to search the
 appropriate exempted file or files for the requested records, the court shall
 dismiss the claim based upon such
 complaint.
 .
 (b)Table of contents amendmentThe 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. Protection of certain files of the Office of the
 Director of National
 Intelligence.
 .
 412.Counterintelligence initiatives for the
 intelligence communitySection
 1102 of the National Security Act of 1947 (50 U.S.C. 442a) is amended—
 (1)in subsection (a)—
 (A)by striking paragraph (2); and
 (B)by striking (1) In and
 inserting In; and
 (2)in subsection (c)—
 (A)by striking paragraph (2); and
 (B)by striking (1) The and
 inserting The.
 413.Applicability of the Privacy Act to the
 Director of National Intelligence and the Office of the Director of National
 IntelligenceSubsection (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
 .
 414.Inapplicability of
 Federal Advisory Committee Act to
 advisory committees of the Office of the Director of National
 Intelligence
 (a)In generalSection 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.
 .
 (b)Annual reportThe Director of National Intelligence and
 the Director of the Central Intelligence Agency shall each submit to the
 congressional intelligence committees an annual report on advisory committees
 created by each such Director. Each report shall include—
 (1)a description of each such advisory
 committee, including the subject matter of the committee; and
 (2)a list of members of each such advisory
 committee.
 415.Membership of the Director of National
 Intelligence on the Transportation Security Oversight BoardSubparagraph (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.
 .
 416.Repeal of certain authorities relating to
 the Office of the National Counterintelligence Executive
 (a)Repeal of certain authoritiesSection 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 amendmentsSuch 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).
 417.Misuse of the Office of the Director of
 National Intelligence name, initials, or seal
 (a)Prohibited actsNo person may, except with the written
 permission of the Director of National Intelligence, or a designee of the
 Director, knowingly use the words Office of the Director of National
 Intelligence, the initials ODNI, the seal of the Office
 of the Director of National Intelligence, or any colorable imitation of such
 words, initials, or seal in connection with any merchandise, impersonation,
 solicitation, or commercial activity in a manner reasonably calculated to
 convey the impression that such use is approved, endorsed, or authorized by the
 Director of National Intelligence.
 (b)InjunctionWhenever it appears to the Attorney General
 that any person is engaged or is about to engage in an act or practice which
 constitutes or will constitute conduct prohibited by subsection (a), the
 Attorney General may initiate a civil proceeding in a district court of the
 United States to enjoin such act or practice. Such court shall proceed as soon
 as practicable to the hearing and determination of such action and may, at any
 time before final determination, enter such restraining orders or prohibitions,
 or take such other action as is warranted, to prevent injury to the United
 States or to any person or class of persons for whose protection the action is
 brought.
 BCentral Intelligence Agency
 421.Additional functions and authorities for
 protective personnel of the Central Intelligence AgencySection 5(a)(4) of the Central Intelligence
 Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is amended—
 (1)by striking and the
 protection and inserting the protection; and
 (2)by inserting before the semicolon the
 following: , and the protection of the Director of National Intelligence
 and such personnel of the Office of the Director of National Intelligence as
 the Director of National Intelligence may designate.
 422.Appeals from decisions involving contracts
 of the Central Intelligence AgencySection 8(d) of the Contract Disputes Act of
 1978 (41 U.S.C. 607(d)) is amended by adding at the end the following new
 sentence: Notwithstanding any other provision of this section and any
 other provision of law, an appeal from a decision of a contracting officer of
 the Central Intelligence Agency relative to a contract made by that agency may
 be filed with whichever of the Armed Services Board of Contract Appeals or the
 Civilian Board of Contract Appeals is specified in the contract as the Board to
 which such an appeal may be made; and the Board so specified shall have
 jurisdiction to decide that appeal..
 423.Deputy Director of the Central Intelligence
 Agency
 (a)Establishment and duties of the position of
 deputy director of central intelligence agency
 (1)In generalTitle I of the National Security Act of
 1947 (50 U.S.C. 402 et seq.) is amended by adding after section 104A the
 following:
 104B.Deputy Director of the Central Intelligence
 Agency
 (a)Deputy Director of Central Intelligence
 AgencyThere is a Deputy
 Director of the Central Intelligence Agency who shall be appointed by the
 President, by and with the consent of the Senate.
 (b)Duties of Deputy Director of Central
 Intelligence AgencyThe
 Deputy Director of the Central Intelligence Agency shall—
 (1)assist the Director of the Central
 Intelligence Agency in carrying out the duties and responsibilities of the
 Director of the Central Intelligence Agency; and
 (2)act for, and exercise the powers of, the
 Director of the Central Intelligence Agency during the absence or disability of
 the Director of the Central Intelligence Agency, or during a vacancy in the
 position of Director of the Central Intelligence
 Agency.
 .
 (2)Table of contents amendmentThe table of contents in the first section
 of the National Security Act of 1947 is amended by inserting after the item
 relating to section 104A the following:
 Sec. 104B. Deputy
 Director of the Central Intelligence
 Agency.
 .
 (b)Executive schedule IIISection 5314 of Title 5, United States
 Code, is amended by striking the item relating to the Deputy Directors of the
 Central Intelligence Agency (2) and inserting the following:
 Deputy Director of the Central Intelligence
 Agency.
 .
 (c)Effective date and
 applicabilityThe amendment
 made by subsection (a) shall take effect on the date of the enactment of this
 Act and shall apply upon the earlier of—
 (1)the date of the appointment by the
 President of an individual to serve as Deputy Director of the Central
 Intelligence Agency, except that the individual administratively performing the
 duties of the Deputy Director of the Central Intelligence Agency as of the date
 of the enactment of this Act may continue to perform such duties until the
 individual appointed to the position of Deputy Director of the Central
 Intelligence Agency, by and with the advice and consent of the Senate, assumes
 the duties of such position; or
 (2)the date of the cessation of the
 performance of the duties of Deputy Director of the Central Intelligence Agency
 by the individual administratively performing such duties as of the date of the
 enactment of this Act.
 424.Authority to authorize travel on a common
 carrierSubsection (b) of
 section 116 of the National Security Act of 1947 (50 U.S.C. 404k) is amended by
 striking the period at the end and inserting , who may delegate such
 authority to other appropriate officials of the Central Intelligence
 Agency..
 425.Inspector General for the Central
 Intelligence Agency
 (a)Appointment and qualifications of the
 Inspector GeneralParagraph
 (1) of section 17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
 403q(b)) is amended by striking the second and third sentence and inserting
 This appointment shall be made without regard to political affiliation
 and shall be on the basis of integrity and demonstrated ability in accounting,
 auditing, financial analysis, law, management analysis, public administration,
 or investigation. Such appointment shall also be made on the basis of
 compliance with the security standards of the Agency and prior experience in
 the field of foreign intelligence..
 (b)Removal of the Inspector
 GeneralParagraph (6) of
 section 17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
 403q(b)) is amended—
 (1)by striking immediately;
 and
 (2)by striking the period at the end and
 inserting not later than 30 days prior to the effective date of such
 removal..
 (c)Application of semiannual reporting
 requirements with respect to review reportsParagraph (1) of section 17(d) of the
 Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) is amended in the
 matter preceding subparagraph (A) by inserting review, after
 investigation,.
 (d)Protection against reprisalsSubparagraph (B) of section 17(e)(3) of the
 Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(e)(3)) is amended by
 inserting or providing such information after making such
 complaint.
 (e)Inspector general subpoena
 powerSubparagraph (A) of
 section 17(e)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
 403q(e)(5)) is amended by inserting in any medium (including
 electronically stored information or any tangible thing) after
 other data.
 (f)Other administrative authorities
 (1)In generalSubsection (e) of section 17 of the Central
 Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended—
 (A)by redesignating paragraph (8) as
 subparagraph (9);
 (B)in paragraph (9), as so
 redesignated—
 (i)by striking Subject to the
 concurrence of the Director, the and inserting The;
 and
 (ii)by adding at the end “Consistent with
 budgetary and personnel resources allocated by the Director, the Inspector
 General has final approval of—
 (A)the selection of internal and external
 candidates for employment with the Office of Inspector General; and
 (B)all other personnel decisions concerning
 personnel permanently assigned to the Office of Inspector General, including
 selection and appointment to the Senior Intelligence Service, but excluding all
 security based determinations that are not within the authority of a head of
 other Central Intelligence Agency
 offices.
 ;
 and
 (C)by inserting after paragraph (7) the
 following:
 (8)The Inspector General shall—
 (A)appoint a Counsel to the Inspector General
 who shall report to the Inspector General; or
 (B)obtain the services of a counsel appointed
 by and directly reporting to another Inspector General or the Council of the
 Inspectors General on Integrity and Efficiency on a reimbursable
 basis.
 .
 (2)ConstructionNothing in the amendment made by paragraph
 (1)(C) shall be construed to alter the duties and responsibilities of the
 General Counsel of the Central Intelligence Agency. The Counsel to the
 Inspector General of the Central Intelligence Agency appointed pursuant to
 section 17(e)(8) of the Central Intelligence Agency Act of 1949, as added by
 such paragraph, shall perform the functions as such Inspector General may
 prescribe.
 426.Budget of the Inspector General for the
 Central Intelligence AgencySubsection (f) of section 17 of the Central
 Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended—
 (1)by inserting (1) before
 Beginning; and
 (2)by adding at the end the following:
 (2)For each fiscal year, the Inspector General
 shall transmit a budget estimate and request through the Director to the
 Director of National Intelligence that specifies for such fiscal year—
 (A)the aggregate amount requested for the
 operations of the Inspector General;
 (B)the amount requested for all training
 requirements of the Inspector General, including a certification from the
 Inspector General that the amount requested is sufficient to fund all training
 requirements for the Office; and
 (C)the amount requested to support the Council
 of the Inspectors General on Integrity and Efficiency, including a
 justification of such amount.
 (3)In transmitting a proposed budget to the
 President for a fiscal year, the Director of National Intelligence shall
 include for such fiscal year—
 (A)the aggregate amount requested for the
 Inspector General of the Central Intelligence Agency;
 (B)the amount requested for Inspector General
 for training;
 (C)the amounts requested to support of the
 Council of the Inspectors General on Integrity and Efficiency; and
 (D)the comments of the Inspector General, if
 any, with respect to the proposal.
 (4)The Director of National Intelligence shall
 submit to the Committee on Appropriations and the Select Committee on
 Intelligence of the Senate and the Committee on Appropriations and the
 Permanent Select Committee on Intelligence of the House of Representatives for
 each fiscal year—
 (A)a
 separate statement of the budget estimate transmitted pursuant to paragraph
 (2);
 (B)the amount requested by the Director of
 National Intelligence for the Inspector General pursuant to paragraph
 (3);
 (C)the amount requested by the Director of
 National Intelligence for training for personnel of the Office;
 (D)the amount requested by the Director of
 National Intelligence for support for the Council of the Inspectors General on
 Integrity and Efficiency; and
 (E)the comments of the Inspector General, if
 any, on the amount requested pursuant to paragraph (3), including whether such
 amount would substantially inhibit the Inspector General from performing the
 duties of the
 Office.
 .
 427.Public availability of unclassified
 versions of certain intelligence productsThe Director of the Central Intelligence
 Agency shall make publicly available an unclassified version of any memoranda
 or finished intelligence products assessing the information gained from
 high-value detainee reporting dated April 3, 2003, July 15, 2004, March 2,
 2005, and June 1, 2005.
 CDefense Intelligence Components
 431.Inspector general matters
 (a)Coverage Under Inspector General Act of
 1978Subsection (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 1978Subsection (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
 InvestigationsSubsection (d)
 of section 8G of such Act (5 U.S.C. App. 8G) is amended—
 (1)by inserting (1) after
 (d);
 (2)in the second sentence of paragraph (1), as
 designated by paragraph (1) of this subsection, by striking The
 head and inserting Except as provided in paragraph (2), the
 head; and
 (3)by adding at the end the following new
 paragraph:
 (2)(A)The Secretary of Defense, in consultation
 with the Director of National Intelligence, may prohibit the Inspector General
 of an element of the intelligence community specified in subparagraph (D) from
 initiating, carrying out, or completing any audit or investigation if the
 Secretary determines that the prohibition is necessary to protect vital
 national security interests of the United States.
 (B)If the Secretary exercises the authority
 under subparagraph (A), the Secretary shall submit to the committees of
 Congress specified in subparagraph (E) an appropriately classified statement of
 the reasons for the exercise of 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.
 .
 432.Confirmation of appointment of heads of
 certain components of the intelligence community
 (a)Director of national security
 agencyThe National Security
 Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting after the first
 section the following new section:
 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 AgencySection 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
 OfficeThe 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 positionsThe 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 positionsThe 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 generalThe 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
 responsibilitySubsection (d)
 shall take effect on the date of the enactment of this Act.
 433.Clarification of national security missions
 of National Geospatial-Intelligence Agency for analysis and dissemination of
 certain intelligence informationSection 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).
 434.Defense Intelligence Agency
 counterintelligence and expendituresSection 105 of the National Security Act of
 1947 (50 U.S.C. 403–5) is amended—
 (1)in subsection (b)(5), by inserting
 and counterintelligence after human
 intelligence;
 (2)by redesignating subsection (c) as
 subsection (d); and
 (3)by inserting after subsection (b) the
 following:
 (c)Expenditure of funds by the Defense
 Intelligence Agency(1)The amounts made available to the Director
 of the Defense Intelligence Agency for human intelligence and
 counterintelligence activities may be expended for objects of a confidential,
 extraordinary, or emergency nature, without regard to the provisions of law or
 regulation relating to the expenditure of Government funds, if accounted for by
 a certificate made by Director of the Defense Intelligence Agency. Each such
 certificate shall be deemed a sufficient voucher for the amount
 certified.
 (2)Not later than December 1 of each year, the
 Director of the Defense Intelligence Agency shall submit to the congressional
 intelligence committees a report on any expenditures made during the preceding
 fiscal year pursuant to the authority described in paragraph
 (1).
 .
 DOther Elements
 441.Codification of additional elements of the
 intelligence communitySection
 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.
 442.Authorization of appropriations for Coast
 Guard National Tactical Integration OfficeTitle 14, United States Code, is
 amended—
 (1)in paragraph (4) of section 93(a), by
 striking function and inserting function, including
 research, development, test, or evaluation related to intelligence systems and
 capabilities,; and
 (2)in paragraph (4) of section 662, by
 inserting intelligence systems and capabilities or after
 related to.
 443.Retention and relocation bonuses for the
 Federal Bureau of InvestigationSection 5759 of title 5 of the United States
 Code, is amended—
 (1)in subsection (a)(2), by striking “is
 transferred to a different geographic area with a higher cost of living” and
 inserting “is subject to a mobility agreement and is transferred to a position
 in a different geographical area in which there is a shortage of critical
 skills”;
 (2)in subsection (b)(2), by striking the
 period at the end and inserting “, including requirements for a bonus
 recipient’s repayment of a bonus in circumstances determined by the Director of
 the Federal Bureau of Investigation.”;
 (3)in subsection (c), by striking “basic pay.”
 and inserting “annual rate of basic pay. The bonus may be paid in a lump sum of
 installments linked to completion of periods of service.”;
 (4)in subsection (d), by striking “retention
 bonus” and inserting “bonus paid under this section”; and
 (5)by striking subsection (e).
 444.Extending the authority of the Federal
 Bureau of Investigation to waive mandatory retirement provisions
 (a)Civil Service Retirement
 SystemSubsection (b) of
 section 8335 of title 5, United States Code, is amended—
 (1)in the paragraph (2) enacted by section
 112(a)(2) of the Department of Justice Appropriations Act, 2005 (title I of
 division B of Public Law 108–447; 118 Stat. 2868) is amended by striking “2009”
 and inserting 2011; and
 (2)by striking the paragraph (2) enacted by
 section 2005(a)(2) of the Intelligence Reform and Terrorism Prevention Act of
 2004 (Public Law 108–458; 118 Stat. 3704).
 (b)Federal Employees' Retirement
 SystemSubsection (b) of
 section 8425 of title 5, United States Code, is amended—
 (1)in the paragraph (2) enacted by section
 112(b)(2) of the Department of Justice Appropriations Act, 2005 (title I of
 division B of Public Law 108–447; 118 Stat. 2868) is amended by striking “2009”
 and inserting 2011; and
 (2)by striking the paragraph (2) enacted by
 section 2005(b)(2) of the Intelligence Reform and Terrorism Prevention Act of
 2004 (Public Law 108–458; 118 Stat. 3704).
 445.Report and assessments on transformation of
 the intelligence capabilities of the Federal Bureau of Investigation
 (a)Report
 (1)RequirementNot later than 180 days after the date of
 the enactment of this Act, the Director of the Federal Bureau of Investigation,
 in consultation with the Director of National Intelligence, shall submit to the
 congressional intelligence committees, the Committee on the Judiciary of the
 Senate, and the Committee on the Judiciary of the House of Representatives a
 report describing—
 (A)a long-term vision for the intelligence
 capabilities of the Bureau’s National Security Branch;
 (B)a strategic plan for the National Security
 Branch; and
 (C)the progress made in advancing the
 capabilities of the National Security Branch.
 (2)ContentThe report required by paragraph (1) shall
 include—
 (A)a description of the direction, strategy,
 and goals for improving the intelligence capabilities of the National Security
 Branch;
 (B)a description of the intelligence and
 national security capabilities of the National Security Branch that will be
 fully functional within the 5-year period beginning on the date the report is
 submitted;
 (C)a description—
 (i)of the internal reforms that were carried
 out at the National Security Branch during the 2-year period ending on the date
 the report is submitted; and
 (ii)of the manner in which such reforms have
 advanced the capabilities of the National Security Branch;
 (D)an assessment of the effectiveness of the
 National Security Branch in performing tasks that are critical to the effective
 functioning of the National Security Branch as an intelligence agency,
 including—
 (i)human intelligence collection, both within
 and outside the parameters of an existing case file or ongoing investigation,
 in a manner that protects civil liberties;
 (ii)intelligence analysis, including the
 ability of the National Security Branch to produce, and provide policy-makers
 with, information on national security threats to the United States;
 (iii)management, including the ability of the
 National Security Branch to manage and develop human capital and implement an
 organizational structure that supports the Branch’s objectives and
 strategies;
 (iv)integration of the National Security Branch
 into the intelligence community, including an ability to robustly share
 intelligence and effectively communicate and operate with appropriate Federal,
 State, local, and tribal partners;
 (v)implementation of an infrastructure that
 supports the national security and intelligence missions of the National
 Security Branch, including proper information technology and facilities;
 and
 (vi)reformation of culture of the National
 Security Branch, including its integration of intelligence analysts and other
 professional staff into intelligence collection operations and its success in
 ensuring that intelligence and threat information drive its operations;
 and
 (E)performance metrics and specific annual
 timetables for advancing the performance of the tasks referred to in clauses
 (i) through (vi) of subparagraph (D) and a description of the activities being
 undertaken to ensure that the National Security Branch’s performance on such
 tasks improves.
 (b)Annual assessments
 (1)Requirement for assessmentsNot later than 180 days after the date on
 which the report required by subsection (a)(1) is submitted, and annually
 thereafter for each of the following 5 years, the Director of National
 Intelligence, in consultation with the Director of the Federal Bureau of
 Investigation, shall submit to the congressional intelligence committees an
 assessment of the progress of the National Security Branch in performing the
 tasks referred to in clauses (i) through (vi) of subsection (a)(2)(D) in
 comparison to its performance of such tasks during previous years.
 (2)ConsiderationsIn conducting each assessment required by
 paragraph (1), the Director of National Intelligence—
 (A)shall use the performance metrics and
 specific annual timetables for accomplishing such tasks referred to in
 subsection (a)(2)(E); and
 (B)may request the assistance of any expert
 that the Director considers appropriate, including an inspector general of an
 appropriate agency or department.
 VReorganization of the Diplomatic
 Telecommunications Service Program Office
 501.Reorganization of the Diplomatic
 Telecommunications Service Program Office
 (a)Reorganization of the Diplomatic
 Telecommunications Service Program Office
 (1)In generalSubtitle B of title III of the Intelligence
 Authorization Act for Fiscal Year 2001 (Public Law 106–567; 22 U.S.C. 7301 et
 seq.) is amended by striking sections 321, 322, 323, and 324, and inserting the
 following:
 321.Diplomatic Telecommunications Service
 Program Office
 (a)ReorganizationThe Diplomatic Telecommunications Service
 (hereinafter in this subtitle referred to as DTS) shall be
 reorganized in accordance with this subtitle.
 (b)In generalThe DTS encompasses the Diplomatic
 Telecommunications Service Program Office (hereinafter in this subtitle
 referred to as DTS–PO) and the DTS Network. The DTS Network is a
 worldwide telecommunications network supporting all United States Government
 agencies and departments operating from diplomatic and consular facilities
 abroad.
 (c)PurposesThe purpose and duties of DTS–PO is to
 implement a program for the establishment and maintenance of a DTS Network
 capable of providing multiple levels of service to meet the wide-ranging needs
 of all United States Government agencies and departments operating from
 diplomatic and consular facilities abroad, including national security needs
 for secure, reliable and robust communications capabilities.
 322.Establishment of the Diplomatic
 Telecommunications Service Governance Board
 (a)Governance board
 (1)EstablishmentThere is hereby established the Diplomatic
 Telecommunications Service Governance Board (hereinafter in this subtitle
 referred to as the Governance Board) for the purpose of
 directing and overseeing the activities and performance of the DTS Program
 Office. The heads of the departments and agencies, designated by the Director
 of the Office of Management and Budget from among the departments and agencies
 that use the DTS Network, shall appoint the members of the Governance Board
 from the personnel of those departments and agencies so designated.
 (2)Designation of an Executive
 AgentThe Director of the
 Office of Management and Budget shall also designate, from among the
 departments and agencies that use the DTS Network, the department or agency
 which shall be the DTS–PO Executive Agent.
 (3)Requirement for implementing
 arrangementsSubject to the
 requirements of this subtitle, the Governance Board shall determine the written
 implementing arrangements and other relevant and appropriate governance
 processes and procedures to manage, oversee, resource or otherwise administer
 DTS–PO. Such implementing arrangements may be classified if appropriate in
 accordance with criteria established by applicable law or Executive
 Orders.
 (b)Membership
 (1)In general
 (A)The Governance Board shall include voting
 members and nonvoting members.
 (B)The voting members shall consist of a
 Chair, who shall be designated by the Director of the Office of Management and
 Budget, and four other members from the departments and agencies that use the
 DTS Network.
 (C)The non-voting members shall be
 representative of DTS customer organizations and shall act in an advisory
 capacity.
 (c)Chair duties and authoritiesThe Governance Board Chair shall preside
 over all meetings and deliberations of the Governance Board and provide its
 Secretariat functions. The Governance Board Chair shall propose bylaws
 governing the operation of the Governance Board.
 (d)Quorum, decisions, meetingsA quorum of the Governance Board shall
 consist of the presence of the Chair and four voting members. The decisions of
 the Governance Board shall require a three-fifths majority of the voting
 membership. Meetings will be convened at least four times each year to carry
 out its functions. The Chair or any voting member may convene a meeting of the
 Governance Board.
 (e)Governance board duties and
 authoritiesThe Governance
 Board shall have the following duties and authorities with respect to DTS–PO,
 in addition to any other duties and authorities granted to the Board pursuant
 to law:
 (1)To approve and monitor DTS–PO’s plans,
 services, priorities, policies, and pricing methodology for bandwidth costs and
 customer-driven projects.
 (2)To recommend to the DTS–PO Executive Agent
 the Governance Board’s approval, disapproval, or modification of DTS–PO’s
 annual budget requests.
 (3)To review DTS–PO’s performance against
 approved plans, its management activities and internal controls.
 (4)To require from DTS–PO any plans, reports,
 documents and records the Governance Board considers necessary to perform its
 oversight responsibilities.
 (5)To conduct and evaluate independent audits
 of DTS–PO.
 (6)To approve or disapprove the Executive
 Agent’s nomination of the Director of DTS–PO with a three-fifths majority vote
 of the Governance Board.
 (7)To recommend to the Executive Agent the
 replacement of the Director of DTS–PO with a three-fifths majority vote of the
 Governance Board.
 (f)National security interestsThe Governance Board shall ensure that
 those enhancements of, and the provision of service for, telecommunication
 capabilities that involve the national security interests of the United States
 receive the highest prioritization.
 323.Funding of the Diplomatic Telecommunication
 Service
 (a)Authorization of
 appropriationsThere are
 authorized to be appropriated such sums as may be necessary for the operations,
 maintenance, development, enhancement, modernization, and investment costs of
 the DTS Network and DTS–PO. Funds appropriated for allocation to DTS–PO shall
 be made available to DTS–PO for a period of two fiscal years.
 (b)Customer feesDTS–PO shall charge customers for only
 those bandwidth costs attributable to the agency or department and for specific
 customer-driven projects, as set forth in section 322(e)(1), for which amounts
 have not been appropriated for allocation to DTS–PO. DTS–PO is authorized to
 directly receive customer payments and to invoice customers for the fees under
 this section either in advance of, or upon or after, providing the bandwidth or
 performing the specific customer-driven projects. Such funds received from DTS
 customers shall be made available to DTS–PO for a period of two fiscal
 years.
 .
 (2)Table of contents amendmentThe table of contents in section 1 of the
 Intelligence Authorization Act for Fiscal Year 2001 (Public Law 106–567) is
 amended by striking the items relating to sections 321, 322, 323, and 324 and
 inserting the following:
 Sec. 321. Diplomatic Telecommunications Service Program
 Office.
 Sec. 322. Establishment of the Diplomatic Telecommunications
 Service Governance Board.
 Sec. 323. Funding of the Diplomatic Telecommunication
 Service.
 .
 (b)Conforming amendments
 (1)Repeal of suspension of
 reorganizationThe
 Intelligence Authorization Act for Fiscal Year 2002 (Public Law 107–108; 22
 U.S.C. 7301 note) is amended by striking section 311.
 (2)Repeal of reformThe Admiral James W. Nance and Meg Donovan
 Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ((as enacted
 into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix
 G of that Act; 113 Stat. 1501A–405)) is amended by striking section 305.
 (3)Repeal of reporting
 requirementsSection 507(b)
 of the National Security Act of 1947 (50 U.S.C. 415b(b)) is amended—
 (A)by striking paragraph (3); and
 (B)by redesignating paragraphs (4), (5), and
 (6) as paragraphs (3), (4), and (5), respectively.
 VIForeign Intelligence and Information
 Commission Act
 601.Short titleThis title may be cited as the
 Foreign Intelligence and Information
 Commission Act.
 602.DefinitionsIn this title:
 (1)2005 National Intelligence
 StrategyThe 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 ReportThe 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)CommissionThe term Commission means the
 Foreign Intelligence and Information Commission established in section
 604(a).
 (4)Foreign intelligence,
 intelligenceThe terms
 foreign intelligence and intelligence have the
 meaning given those terms in section 3 of the National Security Act of 1947 (50
 U.S.C. 401a).
 (5)InformationThe 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.
 (6)Strategic Plan of the Department of
 StateThe 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 7, 2007.
 603.FindingsCongress 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 interest of the United States to ensure the global deployment of
 personnel of the Government of the United States who are responsible for
 collecting and reporting foreign intelligence and information, including
 personnel from the intelligence community, the Department of State, and other
 agencies and departments of the Government of the United States, and that
 adequate resources are committed to effect such collection and
 reporting.
 (3)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.
 (4)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 collection, reporting, and analytical capabilities.
 (5)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.
 (6)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)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..
 (C)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 . . ..
 (D)Collection against terrorists in
 places like Iraq and Afghanistan took a substantial share of the [Intelligence
 Community's] resources and efforts in FY 2006..
 (E)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..
 (7)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] help [to get back] to a place where we can
 do global reach, and pay attention to places that we are not..
 (8)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.
 (9)In responses to questions posed by the
 Select Committee on Intelligence of the Senate in advance of the February 5,
 2009 hearing on the nomination of Leon Panetta to be Director of the Central
 Intelligence Agency, Mr. Panetta stated that I am also concerned that we
 have not devoted sufficient resources to a broader set of national intelligence
 challenges – such as Russia, China, the global economic downturn, as well as
 unstable and weak governments in places such as Africa and Latin
 America..
 (10)On February 12, 2009, the Director of
 National Intelligence testified to the Select Committee on Intelligence of the
 Senate that I'd say the most significant gaps are the areas that are not
 traditional state threats, that we have not figured out the right way to
 collect information and we have not grown the analysts to do it. . .. We’re not
 as good with non-state actors..
 (11)On March 26, 2009, the Director of National
 Intelligence stated that We re-evaluate that National Intelligence
 Priority Framework formally ever six months and informally, as we have. And its
 quite remarkable, if you – you know those time-lapse pictures where things
 change? If you showed a time-lapse picture of that National Intelligence
 Priority Framework, you’d see, sort of, colors shifting over time as things
 came up, in terms of their threat or in terms of an opportunity that they – so
 I just, I think it’s a mistake to tie us down to, this is my important
 priority. There are enduring things we have to spend a lot of time on because
 you can’t instantly generate intelligence about a country that’s very good at
 keeping its secrets that you know is going to be a factor for a long time. And
 we have to work on those – we have to work on those every time. We have to keep
 an excellent baseline understanding of what’s going on in the world, but then
 we need to be able to flex..
 (12)The National Commission on Terrorist
 Attacks Upon the United States (hereinafter referred to as the 9/11
 Commission) reported that To find sanctuary, terrorist
 organizations have fled to some of the least governed, most lawless places in
 the world. The intelligence community has prepared a world map that highlights
 possible terrorist havens, using no secret intelligence – just indicating areas
 that combine rugged terrain, weak governance, room to hide or receive supplies,
 and low population density with a town or city near enough to allow necessary
 interaction with the outside world. Large areas scattered around the world meet
 these criteria..
 (13)The 9/11 Commission recommended that the
 U.S. government must identify and prioritize actual or potential
 terrorist sanctuaries. For each, it should have a realistic strategy to keep
 possible terrorists insecure and on the run, using all elements of national
 power. We should reach out, listen to, and work with other countries that can
 help..
 (14)On May 6, 2008, the Acting Director of the
 National Counterterrorism Center testified to the Select Committee on
 Intelligence of the Senate that I wish I had more resources to dedicate
 to longer-term threats, absolutely, that much of the information
 about the instability that can lead to safe havens or ideological
 radicalization comes not from covert collection but from open collection, best
 done by Foreign Service officers, and that there should be ways to
 direct resources toward whoever is best positioned to learn about safe-haven
 conditions.
 (15)On November 1, 2005, the Director of
 National Intelligence Open Source Center was established with functions that
 include collection, analysis and research, training, and information
 technology management to facilitate government-wide access and use of
 openly available information.
 (16)The Strategic Plan of the Department of
 State 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..
 (17)On January 22, 2009, James Steinberg, a
 nominee to be Deputy Secretary of State, testified to the Committee on Foreign
 Relations of the Senate that if we're going to be effective in this move
 towards smart power, then we have to understand how we reprioritize our
 resources to be able to achieve that... If we only think about the crisis of the
 moment, then we're not prepared as new challenges emerge. And we've seen this
 time and time again, that issues that were not immediately on the radar screen
 don't get the attention they deserve.... So the idea of looking forward and
 trying to figure out over the long term where our priorities need to be, how do
 we anticipate some of these challenges, and then judge how we have sort of
 assigned resources to take care of not only those current needs but also those
 long-term challenges I think has to be very important and part of a strategic
 planning strategy... although we have a very strong intelligence community, that
 there is a tremendous resource of people who've lived and worked out in the
 countries that we're dealing with and that, for a variety of reasons, the
 intelligence community is not always the best equipped to do that. They bring
 their own special skills. But the Foreign Service officers, and also people
 from outside the government, are enormous sources of information and value. And
 we need to find better ways, in my judgment, to have more contact with people
 in the private sector, from the NGOs, from the business community, from
 universities and the like, as part of our being able to touch and feel what's
 going on the ground..
 (18)On January 22, 2009, Jacob Lew, a nominee
 to be Deputy Secretary of State, testified to the Committee on Foreign
 Relations of the Senate that I believe strongly that resources have to
 follow priorities. The decision of where we need to be and what kinds of skills
 we need have to fit into a comprehensive strategy.... We need to work with our
 other Cabinet agency partners. There are 20 government agencies that have
 resources that work in or through our embassies. We don't need to recreate the
 wheel; we need to cooperate with each other and make sure that we have enough
 Foreign Service, civil service and locally engaged staff so that we can
 effectively coordinate the efforts that the United States puts on the ground. I
 think that it all begins with the strategic planning process. If we don't have
 a clear vision of what we need and what we want, were not going to be able to
 make the right resource allocation decisions. And we have to be able to look
 beyond this week, next week, or even next year.... We need to reach not just into
 the building but all the way into the field and make it clear that we have
 every intention of bringing the resources of the State Department to bear as we
 deal with these kinds of problems and challenges abroad, that we have knowledge
 in our embassies, in our consulates, about a range of issues, not just
 political issues — economic issues, scientific issues, cultural issues — that
 give us the broadest understanding of what's going on in an increasingly global
 world..
 (19)The Legal Attache offices and sub-offices
 of the Federal Bureau of Investigation are currently located in 75 cities
 around the world, providing coverage for more than 200 countries, territories,
 and islands.
 (20)On October 4, 2007, Thomas V. Fuentes,
 Assistant Director of the Federal Bureau of Investigation for Office of
 International Operations, testified to the Subcommittee on Border, Maritime,
 and Global Counterterrorism of the Committee on Homeland Security of the House
 of Representatives that the core mission of the Legal Attache
 offices is to establish and maintain liaison with principal law
 enforcement and security services in designated foreign countries... enabl[ing]
 the FBI to effectively and expeditiously conduct its responsibilities in
 combating international terrorism, organized crime, cyber crime, and general
 criminal matters, and that while they do not conduct foreign
 intelligence gathering,typical duties include ...
 conducting investigations in coordination with the host government;
 sharing investigative leads and information; briefing Embassy counterparts from
 other agencies, including law enforcement agencies, as appropriate, and
 Ambassadors... providing situation reports concerning cultural protocol; [and]
 assessing political and security climates..
 (21)The July 2008 Preliminary Findings by the
 Project on National Security Reform, entitled Enduring Security in an
 Unpredictable World: the Urgent Need for National Security Reform,
 included the following:
 (A)The lack of a national security strategy
 that clearly links ends, ways, and means and assigned roles and
 responsibilities to each department has encouraged a proliferation of
 department-level strategies. These department strategies are uncoordinated and
 do not systematically generate capabilities required for national
 objectives
 (B)The resource allocation process is not
 driven by any overall national plan or strategy for achieving broad objectives,
 and the results or effectiveness of the budgeting process cannot be measured
 against such objectives.
 (C)The national security system tends to
 overemphasize traditional security threats and under emphasize emerging
 challenges.
 604.Establishment and functions of the
 Commission
 (a)EstablishmentThere is established in the legislative
 branch a Foreign Intelligence and Information Commission.
 (b)FunctionsThe Commission shall—
 (1)evaluate any current processes or systems
 for the strategic integration of the intelligence community, including the Open
 Source Center, and other elements of the United States Government, including
 the Department of State, with regard to the collection, reporting and analysis
 of foreign intelligence and information;
 (2)provide recommendations to improve or
 develop such processes or systems to include the development of an inter-agency
 strategy that identifies—
 (A)the collection, reporting, and analysis
 requirements of the United States Government;
 (B)the elements of the United States
 Government best positioned to meet collection and reporting
 requirements;
 (C)collection and reporting missions for the
 intelligence community and other elements of the United States Government based
 on the requirements of the United States Government, comparative institutional
 advantages, and other relevant factors;
 (D)analytical capabilities needed to achieve
 the requirements of the United States Government; and
 (E)inter-agency budget and resource
 allocations necessary to achieve such collection, reporting, and analytical
 requirements;
 (3)evaluate the extent to which current
 intelligence collection, reporting, and analysis strategies are aimed at
 providing global coverage and anticipating future threats, challenges, and
 crises;
 (4)provide recommendations on how to
 incorporate into the inter-agency strategy the means to anticipate future
 threats, challenges, and crises, including by identifying and supporting
 collection, reporting, and analytical capabilities which are global in scope
 and which are directed at emerging, long-term, and strategic targets;
 (5)provide recommendations on strategies for
 sustaining human and budgetary resources to effect the global collection and
 reporting missions identified in the inter-agency strategy, including the
 prepositioning of collection and reporting capabilities;
 (6)provide recommendations for developing,
 clarifying, and, if necessary, bolstering current and future collection and
 reporting roles and capabilities of elements of the United States Government
 outside the intelligence community deployed overseas;
 (7)provide recommendations related to the role
 of individual country missions in contributing to the inter-agency
 strategy;
 (8)evaluate the extent to which the
 establishment of new embassies and out-of-embassy posts are able to contribute
 to expanded global coverage and increased collection and reporting and provide
 recommendations related to the establishment of new embassies and
 out-of-embassy posts;
 (9)provide recommendations related to the
 establishment of any new executive branch entity, or the expansion of the
 authorities of any existing executive branch entity, as needed to improve the
 strategic integration described in paragraph (1) and develop and oversee the
 implementation of the inter-agency strategy;
 (10)provide recommendations on any legislative
 changes necessary to establish any new entity or to expand the authorities of
 any existing entity, as described in paragraph (9);
 (11)provide recommendations on processes for
 developing and presenting to Congress budget requests for each relevant element
 of the United States Government that reflect the allocations identified in the
 inter-agency strategy and for congressional oversight of the development and
 implementation of the strategy; and
 (12)provide recommendations on any
 institutional reforms related to the collection and reporting roles of
 individual elements of the United States Government outside the intelligence
 community, as well as any budgetary, legislative, or other changes needed to
 achieve such reforms.
 605.Members and staff of the
 Commission
 (a)Members of the Commission
 (1)AppointmentThe Commission shall be composed of 10
 members as follows:
 (A)Two members appointed by the majority
 leader of the Senate.
 (B)Two members appointed by the minority
 leader of the Senate.
 (C)Two members appointed by the Speaker of the
 House of Representatives.
 (D)Two members appointed by the minority
 leader of the House of Representatives.
 (E)One nonvoting member appointed by the
 Director of National Intelligence.
 (F)One nonvoting member appointed by the
 Secretary of State.
 (2)Selection
 (A)In generalMembers of the Commission shall be
 individuals who—
 (i)are private citizens; and
 (ii)have—
 (I)knowledge and experience in foreign
 information and intelligence collection, reporting, and analysis, 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, 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 experienceThe 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 appointmentThe appointments under subsection (a) shall
 be made not later than 60 days after the date of the enactment of this
 Act.
 (4)Term of appointmentMembers shall be appointed for the life of
 the Commission.
 (5)VacanciesAny 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)ChairThe members of the Commission shall
 designate 1 of the voting members to serve as the chair of the
 Commission.
 (7)QuorumSix members of the Commission shall
 constitute a quorum for purposes of transacting the business of the
 Commission.
 (8)MeetingsThe Commission shall meet at the call of
 the chair and shall meet regularly, not less than once every 3 months, during
 the life of the Commission.
 (b)Staff
 (1)In generalThe 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
 directorThe executive
 director shall be selected with the approval of a majority of the members of
 the Commission.
 (3)Compensation
 (A)Executive directorThe 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)StaffThe 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 consultantsThis 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 StatesUpon the request of the Commission, the
 head of an 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 title. The detail
 of any such personnel shall be without interruption or loss of civil service or
 Foreign Service status or privilege.
 (e)Security clearanceThe 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.
 606.Powers and duties of the
 Commission
 (a)In general
 (1)Hearings and evidenceThe Commission may, for the purpose of
 carrying out this title—
 (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 title; 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.
 (b)Subpoenas
 (1)Issuance
 (A)In generalA 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 5 members of the
 Commission.
 (B)SignatureSubject 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.
 (2)Enforcement
 (A)In generalIn 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 enforcementIn 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, 103, or 104 of the Revised Statutes of the
 United States (2 U.S.C. 192, 193, and 194).
 (c)Information from Federal
 agenciesThe Commission may
 secure directly from any agency or department of the United States such
 information as the Commission considers necessary to carry out this title. Upon
 request of the chair of the Commission, the head of such agency or department
 shall furnish such information to the Commission, subject to applicable
 law.
 (d)Postal servicesThe Commission may use the United States
 mails in the same manner and under the same conditions as an agency or
 department of the United States.
 (e)Administrative supportThe Administrator of the General Services
 Administration shall provide to the Commission on a reimbursable basis (or, in
 the discretion of the Administrator, on a nonreimbursable basis) such
 administrative support services as the Commission may request to carry out this
 title.
 (f)Administrative proceduresThe Commission may adopt such rules and
 regulations, relating to administrative procedure, as may be reasonably
 necessary to enable it to carry out this title.
 (g)Travel
 (1)In generalThe members and staff of the Commission
 may, with the approval of the Commission, conduct such travel as is necessary
 to carry out this title.
 (2)ExpensesMembers 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)GiftsNo member of the Commission may receive a
 gift or benefit by reason of such member's service on the Commission.
 607.Report of the Commission
 (a)In general
 (1)Interim
 reportNot later than 1 year
 after the members of the Commission are appointed under section 5(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 604(b).
 (2)Final reportNot later than 4 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 604(b) to the following:
 (A)The President.
 (B)The Director of National
 Intelligence.
 (C)The Secretary of State.
 (D)The congressional intelligence
 committees.
 (E)The Committee on Foreign Relations of the
 Senate.
 (F)The Committee on Foreign Affairs of the
 House of Representatives.
 (b)Individual or dissenting
 viewsEach 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 reportThe 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.
 608.TerminationThe Commission shall terminate 60 days after
 the submission of the report required by section 607(a)(2).
 609.Nonapplicability of Federal Advisory
 Committee ActThe Federal
 Advisory Committee Act (5 U.S.C. App.) shall not apply to the
 Commission.
 610.Funding
 (a)Transfer from the national intelligence
 programOf the amounts
 available for the National Intelligence Program for fiscal year 2010,
 $4,000,000 shall be available for transfer to the Commission to carry out this
 title.
 (b)AvailabilityThe amounts made available to the
 Commission pursuant to subsection (a) shall remain available until the
 termination of the Commission.
 VIITECHNICAL AMENDMENTS
 701.Technical amendments to the Foreign
 Intelligence Surveillance Act of
 1978The Foreign Intelligence Surveillance Act of
 1978 (50 U.S.C. 1801 et seq.) is amended—
 (1)in section 101—
 (A)in subsection (a), by moving paragraph (7)
 two ems to the right; and
 (B)by moving subsections (b) through (p) two
 ems to the right;
 (2)in section 103, by redesignating subsection
 (i) as subsection (h);
 (3)in section 109(a)—
 (A)in paragraph (1), by striking
 section 112.; and inserting section 112;;
 and
 (B)in paragraph (2), by striking the second
 period;
 (4)in section 301(1), by striking
 United States and all that follows through
 and State and inserting United
 States, person, weapon of mass
 destruction, and State;
 (5)in section 304(b), by striking
 subsection (a)(3) and inserting subsection
 (a)(2); and
 (6)in section 502(a), by striking a
 annual and inserting an annual.
 702.Technical amendments to the Central
 Intelligence Agency Act of 1949The Central Intelligence Agency Act of 1949
 (50 U.S.C. 403a et seq.) is amended—
 (1)in paragraph (1) of section 5(a), by
 striking authorized under paragraphs (2) and (3) of section 102(a),
 subsections (c)(7) and (d) of section 103, subsections (a) and (g) of section
 104, and section 303 of the National Security Act of 1947 (50 U.S.C. 403(a)(2),
 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405) and inserting
 authorized under section 104A of the National Security Act of 1947 (50
 U.S.C. 403–4a).; and
 (2)in section 17(d)(3)(B)—
 (A)in clause (i), by striking
 advise and inserting advice; and
 (B)by amending clause (ii) to read as
 follows:
 (ii)holds or held the position in the Agency,
 including such a position held on an acting basis, of—
 (I)Deputy Director;
 (II)Associate Deputy Director;
 (III)Director of the National Clandestine
 Service;
 (IV)Director of Intelligence;
 (V)Director of Support; or
 (VI)Director of Science and
 Technology.
 .
 703.Technical amendments to title
 10, United States CodeSection 528(c) of title 10, United States
 Code, is amended—
 (1)in the heading, by striking
 Associate Director of CIA
 for Military Affairs and inserting
 Associate Director of
 Military Affairs, CIA; and
 (2)by striking Associate Director of
 the Central Intelligence Agency for Military Affairs and inserting
 Associate Director of Military Affairs, Central Intelligence Agency, or
 any successor position.
 704.Technical amendments to the National
 Security Act of 1947The National Security Act of 1947 (50 U.S.C.
 401 et seq.) is amended—
 (1)in section 3(4)(L), by striking
 other the second place it appears;
 (2)in section 102A—
 (A)in subsection (c)(3)(A), by striking
 annual budgets for the Joint Military Intelligence Program and for
 Tactical Intelligence and Related Activities and inserting
 annual budget for the Military Intelligence Program or any successor
 program or programs;
 (B)in subsection (d)—
 (i)in paragraph (1)(B), by striking
 Joint Military Intelligence Program and inserting
 Military Intelligence Program or any successor program or
 programs;
 (ii)in paragraph (3) in the matter preceding
 subparagraph (A), by striking subparagraph (A) and inserting
 paragraph (1)(A); and
 (iii)in paragraph (5)—
 (I)in subparagraph (A), by striking or
 personnel in the matter preceding clause (i); and
 (II)in subparagraph (B), by striking or
 agency involved in the second sentence and inserting involved or
 the Director of the Central Intelligence Agency (in the case of the Central
 Intelligence Agency);
 (C)in subsection (l)(2)(B), by striking
 section and inserting paragraph; and
 (D)in subsection (n), by inserting
 and
 Other after Acquisition;
 (3)in section 103(b), by striking , the
 National Security Act of 1947 (50 U.S.C. 401 et seq.),;
 (4)in section 104A(g)(1) in the matter
 preceding subparagraph (A), by striking Directorate of
 Operations and inserting National Clandestine
 Service;
 (5)in section 119(c)(2)(B) (50 U.S.C.
 404o(c)(2)(B)), by striking subsection (h) and inserting
 subsection (i);
 (6)in section 701(b)(1), by striking
 Directorate of Operations and inserting National
 Clandestine Service;
 (7)in section 705(e)(2)(D)(i) (50 U.S.C.
 432c(e)(2)(D)(i)), by striking responsible and inserting
 responsive; and
 (8)in section 1003(h)(2) in the matter
 preceding subparagraph (A), by striking subsection (i)(2)(B) and
 inserting subsection (g)(2)(B).
 705.Technical amendments relating to the
 multiyear National Intelligence Program
 (a)In generalSubsection (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
 IntelligenceSuch section
 1403, as amended by subsection (a), is further amended—
 (1)in subsections (a) and (c), by striking
 Director of Central Intelligence and inserting Director
 of National Intelligence; and
 (2)in subsection (b), by inserting of
 National Intelligence after Director.
 (c)Conforming amendments
 (1)In generalThe heading of such section 1403 is amended
 to read as follows:
 1403.Multiyear National Intelligence
 Program
 .
 (2)Table of contents amendmentThe table of contents in section 2 of the
 National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510;
 104 Stat. 1485) is amended by striking the item relating to section 1403 and
 inserting the following:
 Sec. 1403. Multiyear
 National Intelligence
 Program.
 .
 706.Technical amendments to the Intelligence
 Reform and Terrorism Prevention Act of
 2004
 (a)Amendments to the National Security
 Intelligence Reform Act of 2004The National Security Intelligence Reform
 Act of 2004 (title I of Public Law 108–458; 118 Stat. 3643) is amended—
 (1)in subparagraph (B) of section 1016(e)(10)
 (6 U.S.C. 485(e)(10)), by striking Attorney General the second
 place it appears and inserting Department of Justice;
 (2)in subsection (e) of section 1071, by
 striking (1); and
 (3)in subsection (b) of section 1072, in the
 subsection heading by inserting Agency after
 Intelligence.
 (b)Other Amendments to the Intelligence Reform
 and Terrorism Prevention Act of
 2004The Intelligence Reform and Terrorism
 Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3638) is amended—
 (1)in section 2001 (28 U.S.C. 532
 note)—
 (A)in paragraph (1) of subsection (c)—
 (i)by striking shall, and
 inserting shall; and
 (ii)by inserting of before
 an institutional culture;
 (B)in paragraph (2) of subsection (e), by
 striking the National Intelligence Director in a manner consistent with
 section 112(e) and inserting the Director of National
 Intelligence in a manner consistent with applicable law; and
 (C)in subsection (f), by striking
 shall, in the matter preceding paragraph (1) and inserting
 shall; and
 (2)in section 2006 (28 U.S.C. 509
 note)—
 (A)in paragraph (2), by striking the
 Federal and inserting Federal; and
 (B)in paragraph (3), by striking the
 specific and inserting specific.
 707.Technical amendments to the Executive
 Schedule
 (a)Executive Schedule Level IISection 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 IIISection 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 IVSection 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.
 .
 708.Technical amendments to section
 105 of the Intelligence Authorization Act for
 Fiscal Year 2004Section 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)),.
 709.Technical amendments to section 602 of the
 Intelligence Authorization Act for Fiscal Year 1995Section 602 of the Intelligence
 Authorization Act for Fiscal Year 1995 (50 U.S.C. 403–2b) is amended—
 (1)in subsection (a), in paragraph (2), by
 striking Director of Central Intelligence and inserting
 Director of National Intelligence; and
 (2)in subsection (b)—
 (A)in paragraph (1), by striking
 Director of Central Intelligence and inserting Director
 of National Intelligence;
 (B)in paragraph (2)—
 (i)in subparagraph (A), by striking
 Director of Central Intelligence and inserting Director
 of National Intelligence; and
 (ii)in subparagraph (B), by striking
 Director of Central Intelligence and inserting Director
 of National Intelligence; and
 (C)in paragraph (3), by striking
 Director of Central Intelligence and inserting Director
 of the Central Intelligence Agency.
 710.Technical amendments to section 403 of the
 Intelligence Authorization Act, Fiscal Year 1992
 (a)Role of the Director of National
 IntelligenceSection 403 of
 the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 403–2) is
 amended by striking The Director of Central Intelligence and
 inserting the following:
 (a)In generalThe Director of National
 Intelligence
 .
 (b)Definition of intelligence
 communitySection 403 of the
 Intelligence Authorization Act, Fiscal Year 1992, as amended by subsection (a),
 is further amended—
 (1)by striking Intelligence
 Community and insert intelligence community; and
 (2)by striking the second sentence and
 inserting the following:
 (b)Intelligence community
 definedIn this section, the
 term intelligence community has the meaning given that term in
 section 3(4) of the National Security Act of 1947 (50 U.S.C.
 401a(4)).
 .
 Passed the Senate
 September 16, 2009.
 Secretary