[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5959 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 888
110th CONGRESS
  2d Session
                                H. R. 5959


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2008

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for fiscal year 2009 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Limitation on the use of covert action funds.
Sec. 106. Prohibition on use of funds to implement ``5 and out'' 
                            program of the Federal Bureau of 
                            Investigation.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of 
                            the Central Intelligence Agency Retirement 
                            Act.
           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                     Subtitle A--Personnel Matters

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements 
                            of the intelligence community.
Sec. 303. Multi-level security clearances.
Sec. 304. Delegation of authority for travel on common carriers for 
                            intelligence collection personnel.
Sec. 305. Annual personnel level assessments for the intelligence 
                            community.
Sec. 306. Comprehensive report on intelligence community contractors.
Sec. 307. Report on proposed pay for performance intelligence community 
                            personnel management system.
Sec. 308. Report on plans to increase diversity within the intelligence 
                            community.
Sec. 309. Report on security clearance determinations.
Sec. 310. Sense of Congress regarding the need for a robust workforce.
                       Subtitle B--Other Matters

Sec. 311. Restriction on conduct of intelligence activities.
Sec. 312. Clarification of definition of intelligence community under 
                            the National Security Act of 1947.
Sec. 313. Modification of availability of funds for different 
                            intelligence activities.
Sec. 314. Protection of certain national security information.
Sec. 315. Extension of authority to delete information about receipt 
                            and disposition of foreign gifts and 
                            decorations.
Sec. 316. Report on compliance with the Detainee Treatment Act of 2005 
                            and related provisions of the Military 
                            Commissions Act of 2006.
Sec. 317. Incorporation of reporting requirements.
Sec. 318. Repeal of certain reporting requirements.
Sec. 319. Enhancement of critical skills training program.
Sec. 320. Comprehensive national cybersecurity initiative advisory 
                            panel.
Sec. 321. Exception to alternative fuel procurement requirement.
  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Clarification of limitation on colocation of the Office of 
                            the Director of National Intelligence.
Sec. 402. Membership of the Director of National Intelligence on the 
                            Transportation Security Oversight Board.
Sec. 403. Additional duties of the Director of Science and Technology.
Sec. 404. Leadership and location of certain offices and officials.
Sec. 405. Plan to implement recommendations of the data center energy 
                            efficiency reports.
Sec. 406. Semiannual reports on nuclear programs of Iran, Syria, and 
                            North Korea.
Sec. 407. Title of Chief Information Officer of the Intelligence 
                            Community.
Sec. 408. Inspector General of the Intelligence Community.
Sec. 409. Annual report on foreign language proficiency in the 
                            intelligence community.
Sec. 410. Repeal of certain authorities relating to the Office of the 
                            National Counterintelligence Executive.
Sec. 411. National intelligence estimate on weapons of mass destruction 
                            in Syria.
Sec. 412. Report on intelligence resources dedicated to Iraq and 
                            Afghanistan.
Sec. 413. Ombudsman for intelligence community security clearances.
Sec. 414. Security clearance reciprocity.
Sec. 415. Report on international traffic in arms regulations.
Sec. 416. Report on nuclear trafficking.
Sec. 417. Study on revoking pensions of persons who commit unauthorized 
                            disclosures of classified information.
Sec. 418. Memorandum to holders of National Intelligence Estimate on 
                            Iran.
Sec. 419. National Intelligence Estimate on production and sale of 
                            narcotics in support of international 
                            terrorism.
                Subtitle B--Central Intelligence Agency

Sec. 421. Review of covert action programs by Inspector General of the 
                            Central Intelligence Agency.
Sec. 422. Inapplicability to Director of the Central Intelligence 
                            Agency of requirement for annual report on 
                            progress in auditable financial statements.
Sec. 423. Technical amendments relating to titles of certain Central 
                            Intelligence Agency positions.
Sec. 424. Clarifying amendments relating to section 105 of the 
                            Intelligence Authorization Act for Fiscal 
                            Year 2004.
Sec. 425. Prohibition on the use of private contractors for 
                            interrogations involving persons in the 
                            custody or control of the Central 
                            Intelligence Agency.
Sec. 426. Report on activities of the Central Intelligence Agency in 
                            Argentina.
              Subtitle C--Defense Intelligence Components

Sec. 431. Integration of the Counterintelligence Field Activity into 
                            the Defense Intelligence Agency.
                       Subtitle D--Other Elements

Sec. 441. Clarification of inclusion of Coast Guard and Drug 
                            Enforcement Administration as elements of 
                            the intelligence community.
Sec. 442. Report on transformation of the intelligence capabilities of 
                            the Federal Bureau of Investigation.
                         TITLE V--OTHER MATTERS

                Subtitle A--General Intelligence Matters

Sec. 501. Extension of National Commission for the Review of the 
                            Research and Development Programs of the 
                            United States Intelligence Community.
Sec. 502. Amendments to the National Security Act of 1947.
Sec. 503. Report on financial intelligence on terrorist assets.
Sec. 504. Notice of intelligence regarding North Korea and China.
Sec. 505. Sense of Congress regarding use of intelligence resources.
Sec. 506. Sense of Congress regarding Colombian paramilitary 
                            organizations.
Sec. 507. Jihadists.
                    Subtitle B--Technical Amendments

Sec. 511. Technical amendment to the Central Intelligence Agency Act of 
                            1949.
Sec. 512. Technical amendments relating to the multiyear National 
                            Intelligence Program.
Sec. 513. Technical clarification of certain references to Joint 
                            Military Intelligence Program and Tactical 
                            Intelligence and Related Activities.
Sec. 514. Technical amendments to the National Security Act of 1947.
Sec. 515. Technical amendments to the Intelligence Reform and Terrorism 
                            Prevention Act of 2004.
Sec. 516. Technical amendments to the Executive Schedule.
Sec. 517. Technical amendments relating to the National Geospatial-
                            Intelligence Agency.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
103, the authorized personnel ceilings as of September 30, 2009, for 
the conduct of the intelligence activities of the elements listed in 
paragraphs (1) through (16) of section 101, are those specified in the 
classified Schedule of Authorizations prepared to accompany the 
conference report on the bill H.R. 5959 of the One Hundred Tenth 
Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
classified Schedule of Authorizations referred to in subsection (a) 
shall be made available to the Committee on Appropriations of the 
Senate, the Committee on Appropriations of the House of 
Representatives, and to the President. The President shall provide for 
suitable distribution of the Schedule, or of appropriate portions of 
the Schedule, within the executive branch.
    (c) Earmarks.--
            (1) In general.--Nothing in the classified Schedule of 
        Authorizations, the joint explanatory statement to accompany 
        the conference report on the bill H.R. 5959 of the One Hundred 
        Tenth Congress, or the classified annex to this Act, shall be 
        construed to authorize or require the expenditure of funds for 
        an earmarked purpose.
            (2) Earmarked purpose defined.--In this subsection, the 
        term ``earmarked purpose'' means a provision or report language 
        included primarily at the request of a Member, Delegate, 
        Resident Commissioner of the House of Representatives or a 
        Senator providing, authorizing, or recommending a specific 
        amount of discretionary budget authority, credit authority, or 
        other spending authority for a contract, loan, loan guarantee, 
        grant, loan authority, or other expenditure with or to an 
        entity, or targeted to a specific State, locality, or 
        Congressional district, other than through a statutory or 
        administrative formula-driven or competitive award process.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Increases.--With the approval of the Director of 
the Office of Management and Budget, the Director of National 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 2009 by the classified 
Schedule of Authorizations referred to in section 102(a) if the 
Director of National Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed 3 percent of the number of civilian 
personnel authorized under such Schedule for such element.
    (b) Notice to Congressional Intelligence Committees.--The Director 
of National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to each exercise of an 
authority described in subsection (a).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2009 the sum of 
$648,842,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2010.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 772 full-time or full-time equivalent 
personnel as of September 30, 2009. Personnel serving in such elements 
may be permanent employees of the Office of the Director of National 
Intelligence or personnel detailed from other elements of the United 
States Government.
    (c) Construction of Authorities.--The authorities available to the 
Director of National Intelligence under section 103 are also available 
to the Director for the adjustment of personnel levels within the 
Intelligence Community Management Account.
    (d) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are 
        authorized to be appropriated for the Community Management 
        Account for fiscal year 2009 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for advanced 
        research and development shall remain available until September 
        30, 2010.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2009, there are authorized such additional personnel for the 
        Community Management Account as of that date as are specified 
        in the classified Schedule of Authorizations referred to in 
        section 102(a).

SEC. 105. LIMITATION ON THE USE OF COVERT ACTION FUNDS.

    (a) In General.--Not more than 25 percent of the funds authorized 
to be appropriated by this Act for the National Intelligence Program 
for covert actions may be obligated or expended until the date on which 
each member of the congressional intelligence committees has been fully 
and currently briefed on all authorizations for covert actions in 
effect on April 24, 2008.
    (b) Covert Action Defined.--In this section, the term ``covert 
action'' has the meaning given the term in section 503(g) of the 
National Security Act of 1947 (50 U.S.C. 413b(e)).

SEC. 106. PROHIBITION ON USE OF FUNDS TO IMPLEMENT ``5 AND OUT'' 
              PROGRAM OF THE FEDERAL BUREAU OF INVESTIGATION.

    None of the funds authorized to be appropriated in this Act may be 
used to implement the program of the Federal Bureau of Investigation 
requiring the mandatory reassignment of a supervisor of the Bureau 
after such supervisor serves in a management position for 5 years 
(commonly known as the ``5 and out'' program).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2009 the sum of 
$279,200,000.

SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION OF 
              THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.

    Subparagraph (A) of section 235(b)(1) of the Central Intelligence 
Agency Retirement Act (50 U.S.C. 2055(b)(1)) is amended by striking 
``receiving compensation under the Senior Intelligence Service pay 
schedule at the rate'' and inserting ``who is at the Senior 
Intelligence Service rank''.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                     Subtitle A--Personnel Matters

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO ELEMENTS 
              OF THE INTELLIGENCE COMMUNITY.

    Except as provided in section 113 of the National Security Act of 
1947 (50 U.S.C. 404h) and section 904(g)(2) of the Counterintelligence 
Enhancement Act of 2002 (title IX of Public Law 107-306; 50 U.S.C. 
402c(g)(2)) and notwithstanding any other provision of law, in any 
fiscal year after fiscal year 2008 an officer or employee of the United 
States or member of the Armed Forces may be detailed to the staff of an 
element of the intelligence community funded through the Community 
Management Account from another element of the United States Government 
on a reimbursable or nonreimbursable basis, as jointly agreed to by the 
Director of National Intelligence and the head of the detailing element 
(or the designees of such officials), for a period not to exceed 2 
years.

SEC. 303. MULTI-LEVEL SECURITY CLEARANCES.

    (a) In General.--Section 102A of the National Security Act of 1947 
(50 U.S.C. 403-1) is amended by adding at the end the following new 
subsection:
    ``(s) Multi-Level Security Clearances.--The Director of National 
Intelligence shall be responsible for ensuring that the elements of the 
intelligence community adopt a multi-level security clearance approach 
in order to enable the intelligence community to make more effective 
and efficient use of persons proficient in foreign languages or with 
cultural, linguistic, or other subject matter expertise that is 
critical to national security.''.
    (b) Implementation.--The Director of National Intelligence shall 
issue guidelines to the intelligence community on the implementation of 
subsection (s) of section 102A of the National Security Act of 1947, as 
added by subsection (a), not later than 90 days after the date of the 
enactment of this Act.

SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR 
              INTELLIGENCE COLLECTION PERSONNEL.

    (a) Delegation of Authority.--Section 116(b) of the National 
Security Act of 1947 (50 U.S.C. 404k(b)) is amended--
            (1) by inserting ``(1)'' before ``The Director'';
            (2) in paragraph (1), as designated by paragraph (1) of 
        this subsection, by striking ``may only delegate'' and all that 
        follows and inserting ``may delegate the authority in 
        subsection (a) to the head of any other element of the 
        intelligence community.''; and
            (3) by adding at the end the following new paragraph:
    ``(2) The head of an element of the intelligence community to whom 
the authority in subsection (a) is delegated pursuant to paragraph (1) 
may further delegate such authority to such senior officials of such 
element as are specified in guidelines prescribed by the Director of 
National Intelligence for purposes of this paragraph.''.
    (b) Submission of Guidelines to Congress.--Not later than 6 months 
after the date of the enactment of this Act, the Director of National 
Intelligence shall prescribe and submit to the congressional 
intelligence committees the guidelines referred to in paragraph (2) of 
section 116(b) of the National Security Act of 1947, as added by 
subsection (a).

SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE 
              COMMUNITY.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.) is amended by inserting after section 506A the 
following new section:

   ``annual personnel level assessment for the intelligence community

    ``Sec. 506B.  (a) Requirement To Provide.--The Director of National 
Intelligence shall, in consultation with the head of the element of the 
intelligence community concerned, prepare an annual personnel level 
assessment for such element of the intelligence community that assesses 
the personnel levels for each such element for the fiscal year 
following the fiscal year in which the assessment is submitted.
    ``(b) Schedule.--Each assessment required by subsection (a) shall 
be submitted to the congressional intelligence committees each year 
along with the budget submitted by the President under section 1105 of 
title 31, United States Code.
    ``(c) Contents.--Each assessment required by subsection (a) 
submitted during a fiscal year shall contain, at a minimum, the 
following information for the element of the intelligence community 
concerned:
            ``(1) The budget submission for personnel costs for the 
        upcoming fiscal year.
            ``(2) The dollar and percentage increase or decrease of 
        such costs as compared to the personnel costs of the current 
        fiscal year.
            ``(3) The dollar and percentage increase or decrease of 
        such costs as compared to the personnel costs during the prior 
        5 fiscal years.
            ``(4) The number of personnel positions requested for the 
        upcoming fiscal year.
            ``(5) The numerical and percentage increase or decrease of 
        such number as compared to the number of personnel positions of 
        the current fiscal year.
            ``(6) The numerical and percentage increase or decrease of 
        such number as compared to the number of personnel positions 
        during the prior 5 fiscal years.
            ``(7) The best estimate of the number and costs of 
        contractors to be funded by the element for the upcoming fiscal 
        year.
            ``(8) The numerical and percentage increase or decrease of 
        such costs of contractors as compared to the best estimate of 
        the costs of contractors of the current fiscal year.
            ``(9) The numerical and percentage increase or decrease of 
        such costs of contractors as compared to the cost of 
        contractors, and the number of contractors, during the prior 5 
        fiscal years.
            ``(10) A written justification for the requested personnel 
        and contractor levels.
            ``(11) The number of intelligence collectors and analysts 
        employed or contracted by each element of the intelligence 
        community.
            ``(12) A list of all contractors that have been the subject 
        of an investigation completed by the Inspector General of any 
        element of the intelligence community during the preceding 
        fiscal year, or are or have been the subject of an 
        investigation by such an Inspector General during the current 
        fiscal year.
            ``(13) A statement by the Director of National Intelligence 
        that, based on current and projected funding, the element 
        concerned will have sufficient--
                    ``(A) internal infrastructure to support the 
                requested personnel and contractor levels;
                    ``(B) training resources to support the requested 
                personnel levels; and
                    ``(C) funding to support the administrative and 
                operational activities of the requested personnel 
                levels.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by inserting after the item relating to section 
506A the following new item:

``Sec. 506B. Annual personnel level assessment for the intelligence 
                            community.''.

SEC. 306. COMPREHENSIVE REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.

    (a) Requirement for Report.--Not later than November 1, 2008, the 
Director of National Intelligence shall submit to the congressional 
intelligence committees a report describing the use of personal 
services contracts across the intelligence community, the impact of 
such contractors on the intelligence community workforce, plans for 
conversion of contractor employment into government employment, and the 
accountability mechanisms that govern the performance of such 
contractors.
    (b) Content.--
            (1) In general.--The report submitted under subsection (a) 
        shall include--
                    (A) a description of any relevant regulations or 
                guidance issued by the Director of National 
                Intelligence or the head of an element of the 
                intelligence community relating to minimum standards 
                required regarding the hiring, training, security 
                clearance, and assignment of contract personnel and how 
                those standards may differ from those for government 
                employees performing substantially similar functions;
                    (B) an identification of contracts where the 
                contractor is performing a substantially similar 
                functions to a government employee;
                    (C) an assessment of costs incurred or savings 
                achieved by awarding contracts for the performance of 
                such functions referred to in subparagraph (B) instead 
                of using full-time employees of the elements of the 
                intelligence community to perform such functions;
                    (D) an assessment of the appropriateness of using 
                contractors to perform the activities described in 
                paragraph (2);
                    (E) an estimate of the number of contracts, and the 
                number of personnel working under such contracts, 
                related to the performance of activities described in 
                paragraph (2);
                    (F) a comparison of the compensation of contract 
                employees and government employees performing 
                substantially similar functions;
                    (G) an analysis of the attrition of government 
                personnel for contractor positions that provide 
                substantially similar functions;
                    (H) a description of positions that will be 
                converted from contractor employment to government 
                employment;
                    (I) an analysis of the oversight and accountability 
                mechanisms applicable to personal services contracts 
                awarded for intelligence activities by each element of 
                the intelligence community during fiscal years 2006 and 
                2007;
                    (J) an analysis of procedures in use in the 
                intelligence community for conducting oversight of 
                contractors to ensure identification and prosecution of 
                criminal violations, financial waste, fraud, or other 
                abuses committed by contractors or contract personnel; 
                and
                    (K) an identification of best practices for 
                oversight and accountability mechanisms applicable to 
                personal services contracts.
            (2) Activities.--Activities described in this paragraph are 
        the following:
                    (A) Intelligence collection.
                    (B) Intelligence analysis.
                    (C) Covert actions, including rendition, detention, 
                and interrogation activities.

SEC. 307. REPORT ON PROPOSED PAY FOR PERFORMANCE INTELLIGENCE COMMUNITY 
              PERSONNEL MANAGEMENT SYSTEM.

    (a) Prohibition on Pay for Performance Until Report.--The Director 
of National Intelligence and the head of an element of the intelligence 
community may not implement a plan that provides compensation to 
personnel of that element of the intelligence community based on 
performance until the date that is 45 days after the date on which the 
Director of National Intelligence submits a report for that element 
under subsection (b).
    (b) Report.--The Director of National Intelligence shall submit to 
Congress a report on performance-based compensation for each element of 
the intelligence community, including, with respect to each such 
element--
            (1) a description of a proposed employee advisory group to 
        advise management on the implementation and management of a pay 
        for performance system in that element, including the scope of 
        responsibility of the group and the plan for the element for 
        ensuring diversity in the selection of members of the advisory 
        group;
            (2) a certification that all managers who will participate 
        in setting performance standards and pay pool administration 
        have been trained on the implementing guidance of the system 
        and the criteria upon which the certification is granted; and
            (3) a description of an external appeals mechanism for 
        employees who wish to appeal pay decisions to someone outside 
        the management chain of the element employing such employee.

SEC. 308. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE INTELLIGENCE 
              COMMUNITY.

    (a) Requirement for Report.--Not later than November 1, 2008, the 
Director of National Intelligence, in coordination with the heads of 
the elements of the intelligence community, shall submit to the 
congressional intelligence committees a report on the plans of each 
element to increase diversity within the intelligence community.
    (b) Content.--The report required by subsection (a) shall include 
specific implementation plans to increase diversity within each element 
of the intelligence community, including--
            (1) specific implementation plans for each such element 
        designed to achieve the goals articulated in the strategic plan 
        of the Director of National Intelligence on equal employment 
        opportunity and diversity;
            (2) specific plans and initiatives for each such element to 
        increase recruiting and hiring of diverse candidates;
            (3) specific plans and initiatives for each such element to 
        improve retention of diverse Federal employees at the junior, 
        midgrade, senior, and management levels;
            (4) a description of specific diversity awareness training 
        and education programs for senior officials and managers of 
        each such element; and
            (5) a description of performance metrics to measure the 
        success of carrying out the plans, initiatives, and programs 
        described in paragraphs (1) through (4).

SEC. 309. REPORT ON SECURITY CLEARANCE DETERMINATIONS.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.) is amended by adding at the end the following new 
section:

             ``report on security clearance determinations

    ``Sec. 508.  Not later than February 1 of each year, the Director 
of the Office of Management and Budget shall submit to Congress a 
report on security clearance determinations completed or ongoing during 
the preceding fiscal year that have taken longer than 1 year to 
complete. Such report shall include--
            ``(1) the number of security clearance determinations for 
        positions as employees of the Federal Government that required 
        more than 1 year to complete;
            ``(2) the number of security clearance determinations for 
        contractors that required more than 1 year to complete;
            ``(3) the agencies that investigated and adjudicated such 
        determinations; and
            ``(4) the cause of significant delays in such 
        determinations.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is 
further amended by inserting after the item relating to section 507 the 
following new item:

``Sec. 508. Report on security clearance determinations.''.

SEC. 310. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST WORKFORCE.

    It is the sense of Congress that--
            (1) a robust and highly skilled aerospace industry 
        workforce is critical to the success of intelligence community 
        programs and operations;
            (2) voluntary attrition, the retirement of many senior 
        workers, and difficulties in recruiting could leave the 
        intelligence community without access to the intellectual 
        capital and technical capabilities necessary to identify and 
        respond to potential threats; and
            (3) the Director of National Intelligence should work 
        cooperatively with other agencies of the Federal Government 
        responsible for programs related to space and the aerospace 
        industry to develop and implement policies, including those 
        with an emphasis on improving science, technology, engineering, 
        and mathematics education at all levels, to sustain and expand 
        the diverse workforce available to the intelligence community.

                       Subtitle B--Other Matters

SEC. 311. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 312. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER 
              THE NATIONAL SECURITY ACT OF 1947.

    Subparagraph (L) of section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)) is amended by striking ``other'' the second 
place it appears.

SEC. 313. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT 
              INTELLIGENCE ACTIVITIES.

    Subparagraph (B) of section 504(a)(3) of the National Security Act 
of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows:
            ``(B) the use of such funds for such activity supports an 
        emergent need, improves program effectiveness, or increases 
        efficiency; and''.

SEC. 314. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION.

    (a) Increase in Penalties for Disclosure of Undercover Intelligence 
Officers and Agents.--
            (1) Disclosure of agent after access to information 
        identifying agent.--Subsection (a) of section 601 of the 
        National Security Act of 1947 (50 U.S.C. 421) is amended by 
        striking ``ten years'' and inserting ``15 years''.
            (2) Disclosure of agent after access to classified 
        information.--Subsection (b) of such section is amended by 
        striking ``five years'' and inserting ``10 years''.
    (b) Modifications to Annual Report on Protection of Intelligence 
Identities.--The first sentence of section 603(a) of the National 
Security Act of 1947 (50 U.S.C. 423(a)) is amended by inserting 
``including an assessment of the need for any modification of this 
title for the purpose of improving legal protections for covert 
agents,'' after ``measures to protect the identities of covert 
agents,''.

SEC. 315. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT RECEIPT 
              AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.

    Paragraph (4) of section 7342(f) of title 5, United States Code, is 
amended to read as follows:
    ``(4)(A) In transmitting such listings for an element of the 
intelligence community, the head of such element may delete the 
information described in subparagraph (A) or (C) of paragraph (2) or in 
subparagraph (A) or (C) of paragraph (3) if the head of such element 
certifies in writing to the Secretary of State that the publication of 
such information could adversely affect United States intelligence 
sources or methods.
    ``(B) Any information not provided to the Secretary of State 
pursuant to the authority in subparagraph (A) shall be transmitted to 
the Director of National Intelligence who shall keep a record of such 
information.
    ``(C) In this paragraph, the term `intelligence community' has the 
meaning given the term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)).''.

SEC. 316. REPORT ON COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 2005 
              AND RELATED PROVISIONS OF THE MILITARY COMMISSIONS ACT OF 
              2006.

    (a) Report Required.--Not later than November 1, 2008, the Director 
of National Intelligence shall submit to the congressional intelligence 
committees a comprehensive report on all measures taken by the Office 
of the Director of National Intelligence and by each element, if any, 
of the intelligence community with relevant responsibilities to comply 
with the provisions of the Detainee Treatment Act of 2005 (title X of 
division A of Public Law 109-148; 119 Stat. 2739) and related 
provisions of the Military Commissions Act of 2006 (Public Law 109-366; 
120 Stat. 2600).
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the detention or interrogation 
        methods, if any, that have been determined to comply with 
        section 1003 of the Detainee Treatment Act of 2005 (119 Stat. 
        2739; 42 U.S.C. 2000dd) and section 6 of the Military 
        Commissions Act of 2006 (120 Stat. 2632; 18 U.S.C. 2441 note) 
        (including the amendments made by such section 6), and, with 
        respect to each such method--
                    (A) an identification of the official making such 
                determination; and
                    (B) a statement of the basis for such 
                determination.
            (2) A description of the detention or interrogation 
        methods, if any, the use of which has been discontinued 
        pursuant to the Detainee Treatment Act of 2005 or the Military 
        Commission Act of 2006, and, with respect to each such method--
                    (A) an identification of the official making the 
                determination to discontinue such method; and
                    (B) a statement of the basis for such 
                determination.
            (3) A description of any actions that have been taken to 
        implement section 1004 of the Detainee Treatment Act of 2005 
        (119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to each 
        such action--
                    (A) an identification of the official taking such 
                action; and
                    (B) a statement of the basis for such action.
            (4) Any other matters that the Director considers necessary 
        to fully and currently inform the congressional intelligence 
        committees about the implementation of the Detainee Treatment 
        Act of 2005 and related provisions of the Military Commissions 
        Act of 2006.
            (5) An appendix containing--
                    (A) all guidelines for the application of the 
                Detainee Treatment Act of 2005 and related provisions 
                of the Military Commissions Act of 2006 to the 
                detention or interrogation activities, if any, of any 
                element of the intelligence community; and
                    (B) all legal justifications of the Department of 
                Justice, including any office thereof, about the 
                meaning or application of the Detainee Treatment Act of 
                2005 or related provisions of the Military Commissions 
                Act of 2006 with respect to the detention or 
                interrogation activities, if any, of any element of the 
                intelligence community.
    (c) Form.--The report required by subsection (a) shall be submitted 
in classified form.
    (d) Submission to the Congressional Armed Services Committees.--To 
the extent that the report required by subsection (a) addresses an 
element of the intelligence community within the Department of Defense, 
that portion of the report, and any associated material that is 
necessary to make that portion understandable, shall also be submitted 
by the Director of National Intelligence to the congressional armed 
services committees.
    (e) Congressional Armed Services Committee Defined.--In this 
section, the term ``congressional armed services committees'' means--
            (1) the Committee on Armed Services of the Senate; and
            (2) the Committee on Armed Services of the House of 
        Representatives.

SEC. 317. INCORPORATION OF REPORTING REQUIREMENTS.

    Each requirement to submit a report to the congressional 
intelligence committees that is included in the classified annex to 
this Act is hereby incorporated into this Act and is hereby made a 
requirement in law.

SEC. 318. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

    (a) Annual Certification on Counterintelligence Initiatives.--
Section 1102(b) of the National Security Act of 1947 (50 U.S.C. 
442a(b)) is amended--
            (1) by striking ``(1)''; and
            (2) by striking paragraph (2).
    (b) Report and Certification Under Terrorist Identification 
Classification System.--Section 343 of the Intelligence Authorization 
Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (d), (e), (f), and (g), respectively.
    (c) Annual Report on Counterdrug Intelligence Matters.--Section 826 
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed.
    (d) Conforming Amendments.--Section 507(a)(2) of the National 
Security Act of 1947 (50 U.S.C. 415b(a)(2)) is amended by striking 
subparagraph (D).

SEC. 319. ENHANCEMENT OF CRITICAL SKILLS TRAINING PROGRAM.

    (a) National Security Agency.--Subsection (e) of section 16 of the 
National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by 
striking ``(1) When an employee'' and all that follows through ``(2) 
Agency efforts'' and inserting ``Agency efforts''.
    (b) Other Elements of the Intelligence Community.--
            (1) In general.--The National Security Act of 1947 is 
        amended by inserting after section 1021 (50 U.S.C. 441m) the 
        following new section:

        ``intelligence community acquisition of critical skills

    ``Sec. 1022.  (a) In General.--The head of an appropriate 
department may assign civilian employees of an element of the 
intelligence community that is a component of such appropriate 
department as students at accredited professional, technical, and other 
institutions of higher learning for training at the undergraduate level 
in skills critical to effective performance of the mission of such 
element of the intelligence community.
    ``(b) Payment of Expenses.--The head of an appropriate department 
may pay, directly or by reimbursement to employees, expenses incident 
to assignments under subsection (a), in any fiscal year only to the 
extent that appropriated funds are available for such purpose.
    ``(c) Eligibility.--
            ``(1) In general.--To be eligible for assignment under 
        subsection (a), an employee of an element of the intelligence 
        community must agree in writing--
                    ``(A) to continue in the service of such element 
                for the period of the assignment and to complete the 
                educational course of training for which the employee 
                is assigned;
                    ``(B) to continue in the service of such element 
                following completion of the assignment for a period of 
                one-and-a-half years for each year of the assignment or 
                part thereof;
                    ``(C) to reimburse the United States for the total 
                cost of education (excluding the employee's pay and 
                allowances) provided under this section to the employee 
                if, prior to the employee's completing the educational 
                course of training for which the employee is assigned, 
                the assignment or the employee's employment with such 
                element is terminated either by such element due to 
                misconduct by the employee or by the employee 
                voluntarily; and
                    ``(D) to reimburse the United States if, after 
                completing the educational course of training for which 
                the employee is assigned, the employee's employment 
                with such element is terminated either by such element 
                due to misconduct by the employee or by the employee 
                voluntarily, prior to the employee's completion of the 
                service obligation period described in subparagraph 
                (B), in an amount that bears the same ratio to the 
                total cost of the education (excluding the employee's 
                pay and allowances) provided to the employee as the 
                unserved portion of the service obligation period 
                described in subparagraph (B) bears to the total period 
                of the service obligation described in subparagraph 
                (B).
            ``(2) Debt owing the united states.--Subject to paragraph 
        (3), the obligation to reimburse the United States under an 
        agreement described in paragraph (1), including interest due on 
        such obligation, is for all purposes a debt owing the United 
        States.
            ``(3) Reimbursement.--
                    ``(A) Bankruptcy.--A discharge in bankruptcy under 
                title 11, United States Code, shall not release a 
                person from an obligation to reimburse the United 
                States required under an agreement described in 
                paragraph (1) if the final decree of the discharge in 
                bankruptcy is issued within five years after the last 
                day of the combined period of service obligation 
                described in subparagraphs (A) and (B) of paragraph 
                (1).
                    ``(B) Release.--The head of an appropriate 
                department may release a person, in whole or in part, 
                from the obligation to reimburse the United States 
                under an agreement described in paragraph (1) when, in 
                the discretion of such head of an appropriate 
                department, such head of an appropriate department 
                determines that equity or the interests of the United 
                States so require.
                    ``(C) Monthly payments.--The head of an appropriate 
                department shall permit an employee assigned under this 
                section who, prior to commencing a second academic year 
                of such assignment, voluntarily terminates the 
                assignment or the employee's employment with the 
                element of the intelligence community that is a 
                component of such appropriate department, to satisfy 
                the employee's obligation under an agreement described 
                in paragraph (1) to reimburse the United States by 
                reimbursement according to a schedule of monthly 
                payments which results in completion of reimbursement 
                by a date five years after the date of termination of 
                the assignment or employment or earlier at the option 
                of the employee.
    ``(d) Recruitment.--Efforts by an element of the intelligence 
community to recruit individuals at educational institutions for 
participation in the undergraduate training program established by this 
section shall be made openly and according to the common practices of 
universities and employers recruiting at such institutions.
    ``(e) Inapplication of Provisions on Training.--Chapter 41 of title 
5 and subsections (a) and (b) of section 3324 of title 31, United 
States Code, shall not apply with respect to this section.
    ``(f) Regulations.--A head of the appropriate department assigning 
employees in accordance with this section may issue such regulations as 
such head of the appropriate department considers necessary to carry 
out this section.
    ``(g) Rules of Construction.--
            ``(1) Component.--For purposes of this section--
                    ``(A) the Office of the Director of National 
                Intelligence shall be considered a component of such 
                Office; and
                    ``(B) the Central Intelligence Agency shall be 
                considered a component of such Agency.
            ``(2) Required education programs.--Nothing in this section 
        shall be construed to modify, affect, or supercede any 
        provision of law requiring or otherwise authorizing or 
        providing for a training program described in this section.
    ``(h) Appropriate Department Defined.--In this section, the term 
`appropriate department' means--
            ``(1) with respect to the Office of the Director of 
        National Intelligence, the Office of the Director of National 
        Intelligence;
            ``(2) with respect to the Central Intelligence Agency, 
        Central Intelligence Agency; and
            ``(3) with respect to an element of the intelligence 
        community other than the Office of the Director of National 
        Intelligence and the Central Intelligence Agency, the 
        department of the Federal Government of which such element of 
        the intelligence community is a component.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of the National Security Act of 1947 (50 U.S.C. 
        401 et seq.) is amended by inserting after the item relating to 
        section 1021 the following new item:

``Sec. 1022. Intelligence community acquisition of critical skills.''.

SEC. 320. COMPREHENSIVE NATIONAL CYBERSECURITY INITIATIVE ADVISORY 
              PANEL.

    Not later than February 1, 2009, the President shall submit to 
Congress a report on options for creating an advisory panel comprised 
of representatives of Congress, the Executive Branch, and the private 
sector to make policy and procedural recommendations for--
            (1) information security for the Federal Government;
            (2) critical infrastructure;
            (3) the authorities, roles, responsibilities of the 
        intelligence community, Department of Homeland Security, and 
        Department of Defense for purposes of supporting the 
        Comprehensive National Cybersecurity Initiative as described in 
        National Security Policy Directive 54/Homeland Security Policy 
        Directive 23 entitled ``Cybersecurity Policy'' signed by the 
        President on January 8, 2008; and
            (4) other matters related to paragraphs (1) through (3) as 
        the President considers appropriate.

SEC. 321. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

    Section 526(a) of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17142(a)) does not prohibit an element of the intelligence 
community from entering into a contract to purchase a generally 
available fuel that is not an alternative or synthetic fuel or 
predominantly produced from a nonconventional petroleum source, if--
            (1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel or fuel 
        from a nonconventional petroleum source;
            (2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a nonconventional 
        petroleum source; and
            (3) the contract does not provide incentives for a refinery 
        upgrade or expansion to allow a refinery to use or increase its 
        use of fuel from a nonconventional petroleum source.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

SEC. 401. CLARIFICATION OF LIMITATION ON COLOCATION OF THE OFFICE OF 
              THE DIRECTOR OF NATIONAL INTELLIGENCE.

    Section 103(e) of the National Security Act of 1947 (50 U.S.C. 403-
3(e)) is amended--
            (1) by striking ``With'' and inserting ``of Headquarters 
        With Headquarters of'';
            (2) by inserting ``the headquarters of'' before ``the 
        Office''; and
            (3) by striking ``any other element'' and inserting ``the 
        headquarters of any other element''.

SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE 
              TRANSPORTATION SECURITY OVERSIGHT BOARD.

    Subparagraph (F) of section 115(b)(1) of title 49, United States 
Code, is amended to read as follows:
                    ``(F) The Director of National Intelligence.''.

SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY.

    Section 103E of the National Security Act of 1947 (50 U.S.C. 403-
3e) is amended--
            (1) in subsection (c)--
                    (A) by redesignating paragraph (5) as paragraph 
                (7);
                    (B) in paragraph (4), by striking ``and'' at the 
                end; and
                    (C) by inserting after paragraph (4) the following:
            ``(5) assist the Director in establishing goals for basic, 
        applied, and advanced research to meet the technology needs of 
        the intelligence community;
            ``(6) submit to the congressional intelligence committees 
        an annual report on the science and technology strategy of the 
        Director that shows resources mapped to the goals of the 
        intelligence community; and''; and
            (2) in subsection (d)(3)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``and prioritize'' after 
                        ``coordinate''; and
                            (ii) by striking ``; and'' and inserting 
                        ``;'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) identify basic, advanced, and applied 
                research programs to be executed by elements of the 
                intelligence community; and''.

SEC. 404. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.

    (a) National Counter Proliferation Center.--Section 119A(a) of the 
National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
            (1) by striking ``(a) Establishment.--Not later than 18 
        months after the date of the enactment of the National Security 
        Intelligence Reform Act of 2004, the'' and inserting the 
        following:
    ``(a) In General.--
            ``(1) Establishment.--The''; and
            (2) by adding at the end the following new paragraphs:
            ``(2) Director.--The head of the National Counter 
        Proliferation Center shall be the Director of the National 
        Counter Proliferation Center, who shall be appointed by the 
        Director of National Intelligence.
            ``(3) Location.--The National Counter Proliferation Center 
        shall be located within the Office of the Director of National 
        Intelligence.''.
    (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is 
amended--
            (1) by redesignating paragraph (9) as paragraph (13); and
            (2) by inserting after paragraph (8) the following new 
        paragraphs:
            ``(9) The Chief Information Officer of the Intelligence 
        Community.
            ``(10) The Inspector General of the Intelligence Community.
            ``(11) The Director of the National Counterterrorism 
        Center.
            ``(12) The Director of the National Counter Proliferation 
        Center.''.

SEC. 405. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA CENTER ENERGY 
              EFFICIENCY REPORTS.

    (a) Plan.--The Director of National Intelligence shall develop a 
plan to implement the recommendations of the report submitted to 
Congress under section 1 of the Act entitled ``An Act to study and 
promote the use of energy efficient computer servers in the United 
States'' (Public Law 109-431; 120 Stat. 2920) across the intelligence 
community.
    (b) Report.--
            (1) In general.--Not later then November 1, 2008, the 
        Director of National Intelligence shall submit to the 
        congressional intelligence committees a report containing the 
        plan developed under subsection (a).
            (2) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.

SEC. 406. SEMIANNUAL REPORTS ON NUCLEAR PROGRAMS OF IRAN, SYRIA, AND 
              NORTH KOREA.

    (a) Reports.--
            (1) In general.--Title V of the National Security Act of 
        1947 (50 U.S.C. 413 et seq.), as amended by title III, is 
        further amended by adding at the end the following new section:

``semiannual reports on the nuclear programs of iran, syria, and north 
                                 korea

    ``Sec. 509.  (a) Requirement for Reports.--Not less frequently than 
every 180 days, the Director of National Intelligence shall submit to 
the congressional intelligence committees a report on the intentions 
and capabilities of the Islamic Republic of Iran, the Syrian Arab 
Republic, and the Democratic People's Republic of Korea, with regard to 
the nuclear programs of each such country.
    ``(b) Content.--Each report submitted under subsection (a) shall 
include, with respect to the Islamic Republic of Iran, the Syrian Arab 
Republic, and the Democratic People's Republic of Korea--
            ``(1) an assessment of nuclear weapons programs of each 
        such country;
            ``(2) an evaluation, consistent with existing reporting 
        standards and practices, of the sources upon which the 
        intelligence used to prepare the assessment described in 
        paragraph (1) is based, including the number of such sources 
        and an assessment of the reliability of each such source;
            ``(3) a summary of any intelligence related to any such 
        program gathered or developed since the previous report was 
        submitted under subsection (a), including intelligence 
        collected from both open and clandestine sources for each such 
        country; and
            ``(4) a discussion of any dissents, caveats, gaps in 
        knowledge, or other information that would reduce confidence in 
        the assessment described in paragraph (1).
    ``(c) National Intelligence Estimate.--The Director of National 
Intelligence may submit a National Intelligence Estimate on the 
intentions and capabilities of the Islamic Republic of Iran, the Syrian 
Arab Republic, or the Democratic People's Republic of Korea in lieu of 
a report required by subsection (a) for that country.
    ``(d) Form.--Each report submitted under subsection (a) may be 
submitted in classified form.''.
            (2) Applicability date.--The first report required to be 
        submitted under section 509 of the National Security Act of 
        1947, as added by paragraph (1), shall be submitted not later 
        than 30 days after the date of the enactment of this Act.
    (b) Conforming Amendment.--The table of contents in the first 
section of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is 
amended by inserting after the item relating to section 508 the 
following new item:

``Sec. 509. Semiannual reports on the nuclear programs of Iran, Syria, 
                            and North Korea.''.

SEC. 407. TITLE OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE 
              COMMUNITY.

    Section 103G of the National Security Act of 1947 (50 U.S.C. 403-
3g) is amended--
            (1) in subsection (a), by inserting ``of the Intelligence 
        Community'' after ``Chief Information Officer'';
            (2) in subsection (b), by inserting ``of the Intelligence 
        Community'' after ``Chief Information Officer'';
            (3) in subsection (c), by inserting ``of the Intelligence 
        Community'' after ``Chief Information Officer''; and
            (4) in subsection (d), by inserting ``of the Intelligence 
        Community'' after ``Chief Information Officer''.

SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

    (a) Establishment.--
            (1) In general.--Title I of the National Security Act of 
        1947 (50 U.S.C. 402 et seq.) is amended by inserting after 
        section 103G the following new section:

           ``inspector general of the intelligence community

    ``Sec. 103H.  (a) Office of Inspector General of Intelligence 
Community.--There is within the Office of the Director of National 
Intelligence an Office of the Inspector General of the Intelligence 
Community.
    ``(b) Purpose.--The purpose of the Office of the Inspector General 
of the Intelligence Community is to--
            ``(1) create an objective and effective office, 
        appropriately accountable to Congress, to initiate and conduct 
        independently investigations, inspections, and audits on 
        matters within the responsibility and authority of the Director 
        of National Intelligence;
            ``(2) recommend policies designed--
                    ``(A) to promote economy, efficiency, and 
                effectiveness in the administration and implementation 
                of matters within the responsibility and authority of 
                the Director of National Intelligence; and
                    ``(B) to prevent and detect fraud and abuse in such 
                matters;
            ``(3) provide a means for keeping the Director of National 
        Intelligence fully and currently informed about--
                    ``(A) problems and deficiencies relating to matters 
                within the responsibility and authority of the Director 
                of National Intelligence; and
                    ``(B) the necessity for, and the progress of, 
                corrective actions; and
            ``(4) in the manner prescribed by this section, ensure that 
        the congressional intelligence committees are kept similarly 
        informed of--
                    ``(A) significant problems and deficiencies 
                relating to matters within the responsibility and 
                authority of the Director of National Intelligence; and
                    ``(B) the necessity for, and the progress of, 
                corrective actions.
    ``(c) Inspector General of Intelligence Community.--(1) There is an 
Inspector General of the Intelligence Community, who shall be the head 
of the Office of the Inspector General of the Intelligence Community, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate.
    ``(2) The nomination of an individual for appointment as Inspector 
General shall be made--
            ``(A) without regard to political affiliation;
            ``(B) solely on the basis of integrity, compliance with the 
        security standards of the intelligence community, and prior 
        experience in the field of intelligence or national security; 
        and
            ``(C) on the basis of demonstrated ability in accounting, 
        financial analysis, law, management analysis, public 
        administration, or auditing.
    ``(3) The Inspector General shall report directly to and be under 
the general supervision of the Director of National Intelligence.
    ``(4) The Inspector General may be removed from office only by the 
President. The President shall immediately communicate in writing to 
the congressional intelligence committees the reasons for the removal 
of any individual from the position of Inspector General.
    ``(d) Duties and Responsibilities.--Subject to subsections (g) and 
(h), it shall be the duty and responsibility of the Inspector General 
of the Intelligence Community--
            ``(1) to provide policy direction for, and to plan, 
        conduct, supervise, and coordinate independently, the 
        investigations, inspections, and audits relating to matters 
        within the responsibility and authority of the Director of 
        National Intelligence to ensure they are conducted efficiently 
        and in accordance with applicable law and regulations;
            ``(2) to keep the Director of National Intelligence fully 
        and currently informed concerning violations of law and 
        regulations, violations of civil liberties and privacy, fraud 
        and other serious problems, abuses, and deficiencies that may 
        occur in matters within the responsibility and authority of the 
        Director, and to report the progress made in implementing 
        corrective action;
            ``(3) to take due regard for the protection of intelligence 
        sources and methods in the preparation of all reports issued by 
        the Inspector General, and, to the extent consistent with the 
        purpose and objective of such reports, take such measures as 
        may be appropriate to minimize the disclosure of intelligence 
        sources and methods described in such reports; and
            ``(4) in the execution of the duties and responsibilities 
        under this section, to comply with generally accepted 
        government auditing standards.
    ``(e) Limitations on Activities.--(1) The Director of National 
Intelligence may prohibit the Inspector General of the Intelligence 
Community from initiating, carrying out, or completing any 
investigation, inspection, or audit if the Director determines that 
such prohibition is necessary to protect vital national security 
interests of the United States.
    ``(2) If the Director exercises the authority under paragraph (1), 
the Director shall submit an appropriately classified statement of the 
reasons for the exercise of such authority within 7 days to the 
congressional intelligence committees.
    ``(3) The Director shall advise the Inspector General at the time a 
report under paragraph (2) is submitted, and, to the extent consistent 
with the protection of intelligence sources and methods, provide the 
Inspector General with a copy of such report.
    ``(4) The Inspector General may submit to the congressional 
intelligence committees any comments on a report of which the Inspector 
General has notice under paragraph (3) that the Inspector General 
considers appropriate.
    ``(f) Authorities.--(1) The Inspector General of the Intelligence 
Community shall have direct and prompt access to the Director of 
National Intelligence when necessary for any purpose pertaining to the 
performance of the duties of the Inspector General.
    ``(2)(A) The Inspector General shall have access to any employee, 
or any employee of a contractor, of any element of the intelligence 
community whose testimony is needed for the performance of the duties 
of the Inspector General.
    ``(B) The Inspector General shall have direct access to all 
records, reports, audits, reviews, documents, papers, recommendations, 
or other material which relate to the programs and operations with 
respect to which the Inspector General has responsibilities under this 
section.
    ``(C) The level of classification or compartmentation of 
information shall not, in and of itself, provide a sufficient rationale 
for denying the Inspector General access to any materials under 
subparagraph (B).
    ``(D) Failure on the part of any employee, or any employee of a 
contractor, of any element of the intelligence community to cooperate 
with the Inspector General shall be grounds for appropriate 
administrative actions by the Director or, on the recommendation of the 
Director, other appropriate officials of the intelligence community, 
including loss of employment or the termination of an existing 
contractual relationship.
    ``(3) The Inspector General is authorized to receive and 
investigate complaints or information from any person concerning the 
existence of an activity constituting a violation of laws, rules, or 
regulations, or mismanagement, gross waste of funds, abuse of 
authority, or a substantial and specific danger to the public health 
and safety. Once such complaint or information has been received from 
an employee of the Federal Government--
            ``(A) the Inspector General shall not disclose the identity 
        of the employee without the consent of the employee, unless the 
        Inspector General determines that such disclosure is 
        unavoidable during the course of the investigation or the 
        disclosure is made to an official of the Department of Justice 
        responsible for determining whether a prosecution should be 
        undertaken; and
            ``(B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint may be taken by any 
        employee in a position to take such actions, unless the 
        complaint was made or the information was disclosed with the 
        knowledge that it was false or with willful disregard for its 
        truth or falsity.
    ``(4) The Inspector General shall have authority to administer to 
or take from any person an oath, affirmation, or affidavit, whenever 
necessary in the performance of the duties of the Inspector General, 
which oath, affirmation, or affidavit when administered or taken by or 
before an employee of the Office of the Inspector General of the 
Intelligence Community designated by the Inspector General shall have 
the same force and effect as if administered or taken by, or before, an 
officer having a seal.
    ``(5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of all 
information, documents, reports, answers, records, accounts, papers, 
and other data and documentary evidence necessary in the performance of 
the duties and responsibilities of the Inspector General.
    ``(B) In the case of departments, agencies, and other elements of 
the United States Government, the Inspector General shall obtain 
information, documents, reports, answers, records, accounts, papers, 
and other data and evidence for the purpose specified in subparagraph 
(A) using procedures other than by subpoenas.
    ``(C) The Inspector General may not issue a subpoena for, or on 
behalf of, any other element of the intelligence community, including 
the Office of the Director of National Intelligence.
    ``(D) In the case of contumacy or refusal to obey a subpoena issued 
under this paragraph, the subpoena shall be enforceable by order of any 
appropriate district court of the United States.
    ``(g) Coordination Among Inspectors General of Intelligence 
Community.--(1)(A) In the event of a matter within the jurisdiction of 
the Inspector General of the Intelligence Community that may be subject 
to an investigation, inspection, or audit by both the Inspector General 
of the Intelligence Community and an Inspector General, whether 
statutory or administrative, with oversight responsibility for an 
element or elements of the intelligence community, the Inspector 
General of the Intelligence Community and such other Inspector or 
Inspectors General shall expeditiously resolve the question of which 
Inspector General shall conduct such investigation, inspection, or 
audit.
    ``(B) In attempting to resolve a question under subparagraph (A), 
the Inspectors General concerned may request the assistance of the 
Intelligence Community Inspectors General Forum established under 
subparagraph (C). In the event of a dispute between an Inspector 
General within an agency or department of the United States Government 
and the Inspector General of the Intelligence Community that has not 
been resolved with the assistance of the Forum, the Inspectors General 
shall submit the question to the Director of National Intelligence and 
the head of the agency or department for resolution.
    ``(C) There is established the Intelligence Community Inspectors 
General Forum which shall consist of all statutory or administrative 
Inspectors General with oversight responsibility for an element or 
elements of the intelligence community. The Inspector General of the 
Intelligence Community shall serve as the chair of the Forum. The Forum 
shall have no administrative authority over any Inspector General, but 
shall serve as a mechanism for informing its members of the work of 
individual members of the Forum that may be of common interest and 
discussing questions about jurisdiction or access to employees, 
employees of a contractor, records, audits, reviews, documents, 
recommendations, or other materials that may involve or be of 
assistance to more than one of its members.
    ``(2) The Inspector General conducting an investigation, 
inspection, or audit covered by paragraph (1) shall submit the results 
of such investigation, inspection, or audit to any other Inspector 
General, including the Inspector General of the Intelligence Community, 
with jurisdiction to conduct such investigation, inspection, or audit 
who did not conduct such investigation, inspection, or audit.
    ``(h) Staff and Other Support.--(1) The Inspector General of the 
Intelligence Community shall be provided with appropriate and adequate 
office space at central and field office locations, together with such 
equipment, office supplies, maintenance services, and communications 
facilities and services as may be necessary for the operation of such 
offices.
    ``(2)(A) Subject to applicable law and the policies of the Director 
of National Intelligence, the Inspector General shall select, appoint, 
and employ such officers and employees as may be necessary to carry out 
the functions of the Inspector General. The Inspector General shall 
ensure that any officer or employee so selected, appointed, or employed 
has security clearances appropriate for the assigned duties of such 
officer or employee.
    ``(B) In making selections under subparagraph (A), the Inspector 
General shall ensure that such officers and employees have the 
requisite training and experience to enable the Inspector General to 
carry out the duties of the Inspector General effectively.
    ``(C) In meeting the requirements of this paragraph, the Inspector 
General shall create within the Office of the Inspector General of the 
Intelligence Community a career cadre of sufficient size to provide 
appropriate continuity and objectivity needed for the effective 
performance of the duties of the Inspector General.
    ``(3)(A) Subject to the concurrence of the Director, the Inspector 
General may request such information or assistance as may be necessary 
for carrying out the duties and responsibilities of the Inspector 
General from any department, agency, or other element of the United 
States Government.
    ``(B) Upon request of the Inspector General for information or 
assistance under subparagraph (A), the head of the department, agency, 
or element concerned shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or regulation of 
the department, agency, or element, furnish to the Inspector General, 
or to an authorized designee, such information or assistance.
    ``(C) The Inspector General of the Intelligence Community may, upon 
reasonable notice to the head of any element of the intelligence 
community, conduct, as authorized by this section, an investigation, 
inspection, or audit of such element and may enter into any place 
occupied by such element for purposes of the performance of the duties 
of the Inspector General.
    ``(i) Reports.--(1)(A) The Inspector General of the Intelligence 
Community shall, not later than January 31 and July 31 of each year, 
prepare and submit to the Director of National Intelligence a 
classified, and, as appropriate, unclassified semiannual report 
summarizing the activities of the Office of the Inspector General of 
the Intelligence Community during the immediately preceding 6-month 
period ending December 31 (of the preceding year) and June 30, 
respectively. The Inspector General of the Intelligence Community shall 
provide any portion of the report involving a component of a department 
of the United States Government to the head of that department 
simultaneously with submission of the report to the Director of 
National Intelligence.
    ``(B) Each report under this paragraph shall include, at a minimum, 
the following:
            ``(i) A list of the title or subject of each investigation, 
        inspection, or audit conducted during the period covered by 
        such report, including a summary of the progress of each 
        particular investigation, inspection, or audit since the 
        preceding report of the Inspector General under this paragraph.
            ``(ii) A description of significant problems, abuses, and 
        deficiencies relating to the administration and implementation 
        of programs and operations of the intelligence community, and 
        in the relationships between elements of the intelligence 
        community, identified by the Inspector General during the 
        period covered by such report.
            ``(iii) A description of the recommendations for corrective 
        or disciplinary action made by the Inspector General during the 
        period covered by such report with respect to significant 
        problems, abuses, or deficiencies identified in clause (ii).
            ``(iv) A statement whether or not corrective or 
        disciplinary action has been completed on each significant 
        recommendation described in previous semiannual reports, and, 
        in a case where corrective action has been completed, a 
        description of such corrective action.
            ``(v) A certification whether or not the Inspector General 
        has had full and direct access to all information relevant to 
        the performance of the functions of the Inspector General.
            ``(vi) A description of the exercise of the subpoena 
        authority under subsection (f)(5) by the Inspector General 
        during the period covered by such report.
            ``(vii) Such recommendations as the Inspector General 
        considers appropriate for legislation to promote economy, 
        efficiency, and effectiveness in the administration and 
        implementation of matters within the responsibility and 
        authority of the Director of National Intelligence, and to 
        detect and eliminate fraud and abuse in such matters.
    ``(C) Not later than the 30 days after the date of receipt of a 
report under subparagraph (A), the Director shall transmit the report 
to the congressional intelligence committees together with any comments 
the Director considers appropriate. The Director shall transmit to the 
committees of the Senate and of the House of Representatives with 
jurisdiction over a department of the United States Government any 
portion of the report involving a component of such department 
simultaneously with submission of the report to the congressional 
intelligence committees.
    ``(2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of particularly 
serious or flagrant problems, abuses, or deficiencies relating to 
matters within the responsibility and authority of the Director of 
National Intelligence.
    ``(B) The Director shall transmit to the congressional intelligence 
committees each report under subparagraph (A) within 7 calendar days of 
receipt of such report, together with such comments as the Director 
considers appropriate. The Director shall transmit to the committees of 
the Senate and of the House of Representatives with jurisdiction over a 
department of the United States Government any portion of each report 
under subparagraph (A) that involves a problem, abuse, or deficiency 
related to a component of such department simultaneously with 
transmission of the report to the congressional intelligence 
committees.
    ``(3) In the event that--
            ``(A) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution of the 
        duties or responsibilities of the Inspector General;
            ``(B) an investigation, inspection, or audit carried out by 
        the Inspector General focuses on any current or former 
        intelligence community official who--
                    ``(i) holds or held a position in an element of the 
                intelligence community that is subject to appointment 
                by the President, whether or not by and with the advice 
                and consent of the Senate, including such a position 
                held on an acting basis;
                    ``(ii) holds or held a position in an element of 
                the intelligence community, including a position held 
                on an acting basis, that is appointed by the Director 
                of National Intelligence; or
                    ``(iii) holds or held a position as head of an 
                element of the intelligence community or a position 
                covered by subsection (b) or (c) of section 106;
            ``(C) a matter requires a report by the Inspector General 
        to the Department of Justice on possible criminal conduct by a 
        current or former official described in subparagraph (B);
            ``(D) the Inspector General receives notice from the 
        Department of Justice declining or approving prosecution of 
        possible criminal conduct of any current or former official 
        described in subparagraph (B); or
            ``(E) the Inspector General, after exhausting all possible 
        alternatives, is unable to obtain significant documentary 
        information in the course of an investigation, inspection, or 
        audit,
the Inspector General shall immediately notify and submit a report on 
such matter to the congressional intelligence committees.
    ``(4) Pursuant to title V, the Director shall submit to the 
congressional intelligence committees any report or findings and 
recommendations of an investigation, inspection, or audit conducted by 
the office which has been requested by the Chairman or Vice Chairman or 
Ranking Minority Member of either committee.
    ``(5)(A) An employee of an element of the intelligence community, 
an employee assigned or detailed to an element of the intelligence 
community, or an employee of a contractor to the intelligence community 
who intends to report to Congress a complaint or information with 
respect to an urgent concern may report such complaint or information 
to the Inspector General.
    ``(B) Not later than the end of the 14-calendar day period 
beginning on the date of receipt from an employee of a complaint or 
information under subparagraph (A), the Inspector General shall 
determine whether the complaint or information appears credible. Upon 
making such a determination, the Inspector General shall transmit to 
the Director a notice of that determination, together with the 
complaint or information.
    ``(C) Upon receipt of a transmittal from the Inspector General 
under subparagraph (B), the Director shall, within 7 calendar days of 
such receipt, forward such transmittal to the congressional 
intelligence committees, together with any comments the Director 
considers appropriate.
    ``(D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or information to 
the Director in accurate form under subparagraph (B), the employee 
(subject to clause (ii)) may submit the complaint or information to 
Congress by contacting either or both of the congressional intelligence 
committees directly.
    ``(ii) An employee may contact the intelligence committees directly 
as described in clause (i) only if the employee--
            ``(I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of the 
        employee's complaint or information and notice of the 
        employee's intent to contact the congressional intelligence 
        committees directly; and
            ``(II) obtains and follows from the Director, through the 
        Inspector General, direction on how to contact the intelligence 
        committees in accordance with appropriate security practices.
    ``(iii) A member or employee of 1 of the congressional intelligence 
committees who receives a complaint or information under clause (i) 
does so in that member or employee's official capacity as a member or 
employee of such committee.
    ``(E) The Inspector General shall notify an employee who reports a 
complaint or information to the Inspector General under this paragraph 
of each action taken under this paragraph with respect to the complaint 
or information. Such notice shall be provided not later than 3 days 
after any such action is taken.
    ``(F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
    ``(G) In this paragraph, the term `urgent concern' means any of the 
following:
            ``(i) A serious or flagrant problem, abuse, violation of 
        law or Executive order, or deficiency relating to the funding, 
        administration, or operation of an intelligence activity 
        involving classified information, but does not include 
        differences of opinions concerning public policy matters.
            ``(ii) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation of an 
        intelligence activity.
            ``(iii) An action, including a personnel action described 
        in section 2302(a)(2)(A) of title 5, United States Code, 
        constituting reprisal or threat of reprisal prohibited under 
        subsection (f)(3)(B) of this section in response to an 
        employee's reporting an urgent concern in accordance with this 
        paragraph.
    ``(H) In support of this paragraph, Congress makes the findings set 
forth in paragraphs (1) through (6) of section 701(b) of the 
Intelligence Community Whistleblower Protection Act of 1998 (title VII 
of Public Law 105-272; 5 U.S.C. App. 8H note).
    ``(6) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall report to the Attorney General any 
information, allegation, or complaint received by the Inspector General 
relating to violations of Federal criminal law that involves a program 
or operation of an element of the intelligence community, or in the 
relationships between the elements of the intelligence community, 
consistent with such guidelines as may be issued by the Attorney 
General pursuant to subsection (b)(2) of such section. A copy of each 
such report shall be furnished to the Director.
    ``(j) Separate Budget Account.--The Director of National 
Intelligence shall, in accordance with procedures to be issued by the 
Director in consultation with the congressional intelligence 
committees, include in the National Intelligence Program budget a 
separate account for the Office of Inspector General of the 
Intelligence Community.
    ``(k) Construction of Duties Regarding Elements of Intelligence 
Community.--Except as resolved pursuant to subsection (g), the 
performance by the Inspector General of the Intelligence Community of 
any duty, responsibility, or function regarding an element of the 
intelligence community shall not be construed to modify or effect the 
duties and responsibilities of any other Inspector General, whether 
statutory or administrative, having duties and responsibilities 
relating to such element.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of the National Security Act of 1947 is amended by 
        inserting after the item relating to section 103G the following 
        new item:

``Sec. 103H. Inspector General of the Intelligence Community.''.
    (b) Repeal of Superseded Authority To Establish Position.--Section 
8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.
    (c) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by adding at the end the following new item:
            ``Inspector General of the Intelligence Community.''.

SEC. 409. ANNUAL REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE 
              INTELLIGENCE COMMUNITY.

    (a) Report.--
            (1) In general.--Title V of the National Security Act of 
        1947 (50 U.S.C. 413 et seq.), as amended by section 406 of this 
        Act, is further amended by adding at the end the following new 
        section:

 ``report on foreign language proficiency in the intelligence community

    ``Sec. 510.  Not later than February 1 of each year, the Director 
of National Intelligence shall submit to the congressional intelligence 
committees a report on the proficiency in foreign languages and, if 
appropriate, in foreign dialects of each element of the intelligence 
community, including--
            ``(1) the number of positions authorized for such element 
        that require foreign language proficiency and the level of 
        proficiency required;
            ``(2) an estimate of the number of such positions that each 
        element will require during the 5-year period beginning on the 
        date of the submission of the report;
            ``(3) the number of positions authorized for such element 
        that require foreign language proficiency that are filled by--
                    ``(A) military personnel; and
                    ``(B) civilian personnel;
            ``(4) the number of applicants for positions in such 
        element in the previous fiscal year that indicated foreign 
        language proficiency, including the foreign language indicated 
        and the proficiency level;
            ``(5) the number of persons hired by such element with 
        foreign language proficiency, including the foreign language 
        and proficiency level;
            ``(6) the number of personnel of such element currently 
        attending foreign language training, including the provider of 
        such training;
            ``(7) a description of such element's efforts to recruit, 
        hire, train, and retain personnel that are proficient in a 
        foreign language;
            ``(8) an assessment of methods and models for basic, 
        advanced, and intensive foreign language training;
            ``(9) for each foreign language and, where appropriate, 
        dialect of a foreign language--
                    ``(A) the number of positions of such element that 
                require proficiency in the foreign language or dialect;
                    ``(B) the number of personnel of such element that 
                are serving in a position that requires proficiency in 
                the foreign language or dialect to perform the primary 
                duty of the position;
                    ``(C) the number of personnel of such element that 
                are serving in a position that does not require 
                proficiency in the foreign language or dialect to 
                perform the primary duty of the position;
                    ``(D) the number of personnel of such element rated 
                at each level of proficiency of the Interagency 
                Language Roundtable;
                    ``(E) whether the number of personnel at each level 
                of proficiency of the Interagency Language Roundtable 
                meets the requirements of such element;
                    ``(F) the number of personnel serving or hired to 
                serve as linguists for such element that are not 
                qualified as linguists under the standards of the 
                Interagency Language Roundtable;
                    ``(G) the number of personnel hired to serve as 
                linguists for such element during the preceding 
                calendar year;
                    ``(H) the number of personnel serving as linguists 
                that discontinued serving such element during the 
                preceding calendar year;
                    ``(I) the percentage of work requiring linguistic 
                skills that is fulfilled by an ally of the United 
                States; and
                    ``(J) the percentage of work requiring linguistic 
                skills that is fulfilled by contractors;
            ``(10) an assessment of the foreign language capacity and 
        capabilities of the intelligence community as a whole;
            ``(11) recommendations for eliminating required reports 
        relating to foreign-language proficiency that the Director of 
        National Intelligence considers outdated or no longer relevant; 
        and
            ``(12) an assessment of the feasibility of employing 
        foreign nationals lawfully present in the United States who 
        have previously worked as translators or interpreters for the 
        Armed Forces or another department or agency of the Federal 
        Government in Iraq or Afghanistan to meet the critical language 
        needs of such element.''.
            (2) Report date.--Section 507(a)(1) of such Act (50 U.S.C. 
        415b(a)(1)) is amended--
                    (A) by redesignating subparagraph (N) as 
                subparagraph (J); and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(K) The annual report on foreign language proficiency in 
        the intelligence community required by section 510.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of such Act is further amended by inserting after the item 
relating to section 509 the following new item:

``Sec. 510. Report on foreign language proficiency in the intelligence 
                            community.''.

SEC. 410. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF THE 
              NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

    (a) Repeal of Certain Authorities.--Section 904 of the 
Counterintelligence Enhancement Act of 2002 (title IX of Public Law 
107-306; 50 U.S.C. 402c) is amended--
            (1) by striking subsections (d), (h), (i), and (j); and
            (2) by redesignating subsections (e), (f), (g), (k), (l), 
        and (m) as subsections (d), (e), (f), (g), (h), and (i), 
        respectively; and
            (3) in subsection (f), as redesignated by paragraph (2), by 
        striking paragraphs (3) and (4).
    (b) Conforming Amendments.--Such section 904 is further amended--
            (1) in subsection (d), as redesignated by subsection (a)(2) 
        of this section, by striking ``subsection (f)'' each place it 
        appears in paragraphs (1) and (2) and inserting ``subsection 
        (e)''; and
            (2) in subsection (e), as so redesignated--
                    (A) in paragraph (1), by striking ``subsection 
                (e)(1)'' and inserting ``subsection (d)(1)''; and
                    (B) in paragraph (2), by striking ``subsection 
                (e)(2)'' and inserting ``subsection (d)(2)''.

SEC. 411. NATIONAL INTELLIGENCE ESTIMATE ON WEAPONS OF MASS DESTRUCTION 
              IN SYRIA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to Congress a National Intelligence Estimate on the history, 
status, and projected development of any weapons of mass destruction 
development program undertaken by the Government of Syria, or by any 
person on behalf of the Government of Syria.
    (b) Form.--The National Intelligence Estimate required under 
subsection (a) may be submitted in classified form.

SEC. 412. REPORT ON INTELLIGENCE RESOURCES DEDICATED TO IRAQ AND 
              AFGHANISTAN.

    Not later than 120 days after the date of the enactment of this 
Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on intelligence 
collection and analysis resources dedicated to Iraq and Afghanistan 
during fiscal years 2007 and 2008. Such report shall include detailed 
information on fiscal, human, technical, and other intelligence 
collection and analysis resources.

SEC. 413. OMBUDSMAN FOR INTELLIGENCE COMMUNITY SECURITY CLEARANCES.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by inserting after section 103H, as 
added by section 409 of this Act, the following new section:

       ``ombudsman for intelligence community security clearances

    ``Sec. 103I.  (a) Appointment.--The Director of National 
Intelligence shall appoint an ombudsman for intelligence community 
security clearances.
    ``(b) Provision of Information.--The head of an element of the 
intelligence community shall provide a person applying for a security 
clearance through or in coordination with such element with contact 
information for the ombudsman appointed under subsection (a).
    ``(c) Report.--Not later than November 1 of each year, the 
ombudsman appointed under subsection (a) shall submit to the 
congressional intelligence committees a report containing--
            ``(1) the number of persons applying for a security 
        clearance who have contacted the ombudsman during the preceding 
        12 months; and
            ``(2) a summary of the concerns, complaints, and questions 
        received by the ombudsman from persons applying for security 
        clearances.''.
    (b) Appointment Date.--The Director of National Intelligence shall 
appoint an ombudsman for intelligence community security clearances 
under section 103I(a) of the National Security Act of 1947, as added by 
subsection (a), not later than 60 days after the date of the enactment 
of this Act.
    (c) Conforming Amendment.--The table of contents in the first 
section of the National Security Act of 1947 is further amended by 
inserting after the item relating to section 103H the following new 
item:

``Sec. 103I. Ombudsman for intelligence community security 
                            clearances.''.

SEC. 414. SECURITY CLEARANCE RECIPROCITY.

    (a) Audit.--The Inspector General of the Intelligence Community 
shall conduct an audit of the reciprocity of security clearances in the 
intelligence community.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Inspector General of the Intelligence Community shall 
submit to the congressional intelligence committees a report containing 
the results of the audit conducted under subsection (a). Such report 
shall include an assessment of the time required to obtain a reciprocal 
security clearance for--
            (1) an employee of an element of the intelligence community 
        detailed to another element of the intelligence community;
            (2) an employee of an element of the intelligence community 
        seeking permanent employment with another element of the 
        intelligence community; and
            (3) a contractor seeking permanent employment with an 
        element of the intelligence community.

SEC. 415. REPORT ON INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.

    (a) Report.--Not later than February 1, 2009, the Director of 
National Intelligence shall submit to the congressional intelligence 
committees a report assessing--
            (1) the threat to national security presented by the 
        efforts of foreign countries to acquire, through espionage, 
        diversion, or other means, sensitive equipment and technology, 
        and the degree to which United States export controls 
        (including the International Traffic in Arms Regulations) are 
        adequate to defeat such efforts; and
            (2) the extent to which United States export controls are 
        well matched to the scope of the foreign threat such controls 
        are designed to defeat and whether other means could more 
        successfully defeat such threats.
    (b) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (c) International Traffic in Arms Regulations Defined.--The term 
``International Traffic in Arms Regulations'' means those regulations 
contained in parts 120 through 130 of title 22, Code of Federal 
Regulations (or successor regulations).

SEC. 416. REPORT ON NUCLEAR TRAFFICKING.

    (a) Report.--Not later than February 1, 2009, the Director of 
National Intelligence shall submit to the congressional intelligence 
committees, the Committee on Armed Services and the Committee on 
Foreign Affairs of the House of Representatives, and the Committee on 
Armed Services and the Committee on Foreign Relations of the Senate a 
report on the illicit trade of nuclear and radiological material and 
equipment.
    (b) Contents.--The report submitted under subsection (a) shall 
include, for a period of time including at least the preceding three 
years--
            (1) details of all known or suspected cases of the illicit 
        sale, transfer, brokering, or transport of nuclear or 
        radiological material or equipment useful for the production of 
        nuclear or radiological material or nuclear explosive devices;
            (2) an assessment of the countries that represent the 
        greatest risk of nuclear trafficking activities; and
            (3) a discussion of any dissents, caveats, gaps in 
        knowledge, or other information that would reduce confidence in 
        the assessment referred to in paragraph (2).
    (c) Form.--The report under subsection (a) may be submitted in 
classified form, but shall include an unclassified summary.

SEC. 417. STUDY ON REVOKING PENSIONS OF PERSONS WHO COMMIT UNAUTHORIZED 
              DISCLOSURES OF CLASSIFIED INFORMATION.

    (a) Study.--The Director of National Intelligence shall conduct a 
study on the feasibility of revoking the pensions of personnel in the 
intelligence community who commit unauthorized disclosures of 
classified information, including whether revoking such pensions is 
feasible under existing law or under the administrative authority of 
the Director of National Intelligence or any other head of an element 
of the intelligence community.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report containing the results 
of the study conducted under subsection (a).

SEC. 418. MEMORANDUM TO HOLDERS OF NATIONAL INTELLIGENCE ESTIMATE ON 
              IRAN.

    Not later than 90 days after the date of the enactment of this Act, 
the Director of National Intelligence shall issue a memorandum to 
holders of the National Intelligence Estimate entitled ``Iran: Nuclear 
Intentions and Capabilities'' regarding any intelligence on the nuclear 
program of Iran that has been gathered or emerged since the publication 
of such National Intelligence Estimate in October 2007.

SEC. 419. NATIONAL INTELLIGENCE ESTIMATE ON PRODUCTION AND SALE OF 
              NARCOTICS IN SUPPORT OF INTERNATIONAL TERRORISM.

    Not later than 1 year after the date of the enactment of this Act, 
the Director of National Intelligence shall submit to Congress a 
National Intelligence Estimate on the production and sale of narcotics 
in support of international terrorism, including the support the 
Taliban and al Qaeda receive from the sale of narcotics (particularly 
heroin) and the shift in production from opium to hashish in 
Afghanistan.

                Subtitle B--Central Intelligence Agency

SEC. 421. REVIEW OF COVERT ACTION PROGRAMS BY INSPECTOR GENERAL OF THE 
              CENTRAL INTELLIGENCE AGENCY.

    (a) In General.--Section 503 of the National Security Act of 1947 
(50 U.S.C. 413b) is amended by--
            (1) redesignating subsection (e) as subsection (g) and 
        transferring such subsection to the end; and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Inspector General Audits of Covert Actions.--
            ``(1) In general.--Subject to paragraph (2), the Inspector 
        General of the Central Intelligence Agency shall conduct an 
        audit of each covert action at least every 3 years. Such audits 
        shall be conducted subject to the provisions of paragraphs (3) 
        and (4) of subsection (b) of section 17 of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 403q).
            ``(2) Terminated, suspended programs.--The Inspector 
        General of the Central Intelligence Agency is not required to 
        conduct an audit under paragraph (1) of a covert action that 
        has been terminated or suspended if such covert action was 
        terminated or suspended prior to the last audit of such covert 
        action conducted by the Inspector General and has not been 
        restarted after the date on which such audit was completed.
            ``(3) Report.--Not later than 60 days after the completion 
        of an audit conducted pursuant to paragraph (1), the Inspector 
        General of the Central Intelligence Agency shall submit to the 
        congressional intelligence committees a report containing the 
        results of such audit.''.
    (b) Conforming Amendments.--Title V of the National Security Act of 
1947 (50 U.S.C. 413 et seq.) is amended--
            (1) in section 501(f) (50 U.S.C. 413(f)), by striking 
        ``503(e)'' and inserting ``503(g)'';
            (2) in section 502(a)(1) (50 U.S.C. 413b(a)(1)), by 
        striking ``503(e)'' and inserting ``503(g)''; and
            (3) in section 504(c) (50 U.S.C. 414(c)), by striking 
        ``503(e)'' and inserting ``503(g)''.

SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL INTELLIGENCE 
              AGENCY OF REQUIREMENT FOR ANNUAL REPORT ON PROGRESS IN 
              AUDITABLE FINANCIAL STATEMENTS.

    Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-
1) is amended by striking ``the Director of the Central Intelligence 
Agency,''.

SEC. 423. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN CENTRAL 
              INTELLIGENCE AGENCY POSITIONS.

    Section 17(d)(3)(B)(ii) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is amended--
            (1) in subclause (I), by striking ``Executive Director'' 
        and inserting ``Associate Deputy Director'';
            (2) in subclause (II), by striking ``Deputy Director for 
        Operations'' and inserting ``Director of the National 
        Clandestine Service'';
            (3) in subclause (III), by striking ``Deputy Director for 
        Intelligence'' and inserting ``Director of Intelligence'';
            (4) in subclause (IV), by striking ``Deputy Director for 
        Administration'' and inserting ``Director of Support''; and
            (5) in subclause (V), by striking ``Deputy Director for 
        Science and Technology'' and inserting ``Director of Science 
        and Technology''.

SEC. 424. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE 
              INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004.

    Section 105(b) of the Intelligence Authorization Act for Fiscal 
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is 
amended--
            (1) by striking ``Director of Central Intelligence'' and 
        inserting ``Director of National Intelligence''; and
            (2) by inserting ``or in section 313 of such title,'' after 
        ``subsection (a)),''.

SEC. 425. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR 
              INTERROGATIONS INVOLVING PERSONS IN THE CUSTODY OR 
              CONTROL OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) Prohibition.--Notwithstanding any other provision of law, the 
Director of the Central Intelligence Agency shall not expend or 
obligate funds for payment to any contractor to conduct the 
interrogation of a detainee or prisoner in custody or under the 
effective control of the Central Intelligence Agency.
    (b) Exception.--
            (1) In general.--The Director of the Central Intelligence 
        Agency may request, and the Director of National Intelligence 
        may grant, a written waiver of the requirement under subsection 
        (a) if the Director of the Central Intelligence Agency 
        determines that--
                    (A) no employee of the Federal Government is--
                            (i) capable of performing such 
                        interrogation; and
                            (ii) available to perform such 
                        interrogation; and
                    (B) such interrogation is in the national interest 
                of the United States and requires the use of a 
                contractor.
            (2) Clarification of applicability of certain laws.--Any 
        contractor conducting an interrogation pursuant to a waiver 
        under paragraph (1) shall be subject to all laws on the conduct 
        of interrogations that would apply if an employee of the 
        Federal Government were conducting the interrogation.

SEC. 426. REPORT ON ACTIVITIES OF THE CENTRAL INTELLIGENCE AGENCY IN 
              ARGENTINA.

    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall submit to the appropriate congressional committees a report 
containing the following:
            (1) A description of any information in the possession of 
        the intelligence community with respect to the following events 
        in the Republic of Argentina:
                    (A) The accession to power by the Military of the 
                Republic of Argentina in 1976.
                    (B) Violations of human rights committed by 
                officers or agents of the Argentine military and 
                security forces.
                    (C) Operation Condor and the fate of Argentine 
                people targeted, abducted, or killed during such 
                Operation, including Argentine children born in 
                captivity whose status remains unknown.
            (2) All information that may lead to the discovery of the 
        Argentine children born in captivity whose status remains 
        unknown.
            (3) A compilation of information referred to in paragraphs 
        (1) and (2) that has been declassified.
    (b) Update of Compilation.--Not later than 1 year after the date on 
which the report required under subsection (a) is submitted, and 
annually thereafter for three years, the Director of the Central 
Intelligence Agency shall submit to the appropriate congressional 
committees an update of the compilation referred to in subsection 
(a)(3).
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Permanent Select Committee on 
Intelligence and the Committee on Appropriations of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on Appropriations of the Senate.

              Subtitle C--Defense Intelligence Components

SEC. 431. INTEGRATION OF THE COUNTERINTELLIGENCE FIELD ACTIVITY INTO 
              THE DEFENSE INTELLIGENCE AGENCY.

    (a) Report.--Not later than November 1, 2008, the Under Secretary 
of Defense for Intelligence shall submit to the congressional 
intelligence and armed services committees a report outlining the 
process by which the Counterintelligence Field Activity is to be 
integrated into the Defense Intelligence Agency. Such report shall 
include--
            (1) a description of the nature of any law enforcement 
        authorities to be delegated to the Defense Intelligence Agency;
            (2) the authority under which the delegation of authority 
        referred to in paragraph (1) would occur; and
            (3) the guidelines for the implementation of such law 
        enforcement authorities.
    (b) Congressional Intelligence and Armed Services Committees.--In 
this section, the term ``congressional intelligence and armed services 
committees'' means--
            (1) the Permanent Select Committee on Intelligence of the 
        House of Representatives;
            (2) the Select Committee on Intelligence of the Senate; and
            (3) the Committees on Armed Services of the House of 
        Representatives and the Senate.

                       Subtitle D--Other Elements

SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG 
              ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE 
              INTELLIGENCE COMMUNITY.

    Section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)) is amended--
            (1) in subparagraph (H)--
                    (A) by inserting ``the Coast Guard,'' after ``the 
                Marine Corps,''; and
                    (B) by inserting ``the Drug Enforcement 
                Administration,'' after ``the Federal Bureau of 
                Investigation,''; and
            (2) in subparagraph (K), by striking ``, including the 
        Office of Intelligence of the Coast Guard''.

SEC. 442. REPORT ON TRANSFORMATION OF THE INTELLIGENCE CAPABILITIES OF 
              THE FEDERAL BUREAU OF INVESTIGATION.

    Not later than 120 days after the date of the enactment of this 
Act, the Director of the Federal Bureau of Investigation shall submit 
to the congressional intelligence committees a report describing the 
Director's long term vision for transforming the intelligence 
capabilities of the Bureau and the progress of the internal reforms of 
the Bureau intended to achieve that vision. Such report shall include--
            (1) the direction, strategy, and goals for transforming the 
        intelligence capabilities of the Bureau;
            (2) a description of what the fully functional intelligence 
        and national security functions of the Bureau should entail;
            (3) a candid assessment of the effect of internal reforms 
        at the Bureau and whether such reforms have moved the Bureau 
        towards achieving the goals of the Director for the 
        intelligence and national security functions of the Bureau; and
            (4) an assessment of how well the Bureau performs tasks 
        that are critical to the effective functioning of the Bureau as 
        an intelligence agency, including--
                    (A) identifying new intelligence targets within the 
                scope of the national security functions of the Bureau, 
                outside the parameters of an existing case file or 
                ongoing investigation;
                    (B) collecting intelligence domestically, including 
                collection through human and technical sources;
                    (C) recruiting human sources;
                    (D) training Special Agents to spot, assess, 
                recruit, and handle human sources;
                    (E) working collaboratively with other Federal 
                departments and agencies to jointly collect 
                intelligence on domestic counterterrorism and 
                counterintelligence targets;
                    (F) producing a common intelligence picture of 
                domestic threats to the national security of the United 
                States;
                    (G) producing high quality and timely intelligence 
                analysis;
                    (H) integrating intelligence analysts into its 
                intelligence collection operations; and
                    (I) sharing intelligence information with 
                intelligence community partners.

                         TITLE V--OTHER MATTERS

                Subtitle A--General Intelligence Matters

SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE 
              RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES 
              INTELLIGENCE COMMUNITY.

    (a) Extension.--
            (1) In general.--Subsection (a) of section 1007 of the 
        Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
        107-306; 116 Stat. 2442) is amended by striking ``September 1, 
        2004'' and inserting ``December 31, 2009''.
            (2) Effective date.--Subject to paragraph (3), the 
        amendment made by paragraph (1) shall take effect as if 
        included in the enactment of such section 1007.
            (3) Commission membership.--
                    (A) In general.--The membership of the National 
                Commission for the Review of the Research and 
                Development Programs of the United States Intelligence 
                Community established under subsection (a) of section 
                1002 of such Act (Public Law 107-306; 116 Stat. 2438) 
                (referred to in this section as the ``Commission'') 
                shall be considered vacant and new members shall be 
                appointed in accordance with such section 1002, as 
                amended by subparagraph (B).
                    (B) Technical amendment.--Paragraph (1) of section 
                1002(b) of such Act is amended by striking ``The Deputy 
                Director of Central Intelligence for Community 
                Management.'' and inserting ``The Principal Deputy 
                Director of National Intelligence.''.
            (4) Clarification of duties.--Section 1002(i) of such Act 
        is amended in the matter preceding paragraph (1) by striking 
        ``including--'' and inserting ``including advanced research and 
        development programs and activities. Such review shall 
        include--''.
    (b) Funding.--
            (1) In general.--Of the amounts authorized to be 
        appropriated by this Act for the Intelligence Community 
        Management Account, the Director of National Intelligence shall 
        make $2,000,000 available to the Commission to carry out title 
        X of the Intelligence Authorization Act for Fiscal Year 2003 
        (Public Law 107-306; 116 Stat. 2437).
            (2) Availability.--Amounts made available to the Commission 
        pursuant to paragraph (1) shall remain available until 
        expended.

SEC. 502. AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.

    (a) General Congressional Oversight.--Section 501(a) of the 
National Security Act of 1947 (50 U.S.C. 413(a)) is amended by adding 
at the end the following new paragraph:
    ``(3) In carrying out paragraph (1), the President shall provide to 
the congressional intelligence committees all information necessary to 
assess the lawfulness, effectiveness, cost, benefit, intelligence gain, 
budgetary authority, and risk of an intelligence activity, including--
            ``(A) the legal authority under which the intelligence 
        activity is being or was conducted;
            ``(B) any legal issues upon which guidance was sought in 
        carrying out or planning the intelligence activity, including 
        dissenting legal views;
            ``(C) any specific operational concerns arising from the 
        intelligence activity, including the risk of disclosing 
        intelligence sources or methods;
            ``(D) the likelihood that the intelligence activity will 
        exceed the planned or authorized expenditure of funds or other 
        resources; and
            ``(E) the likelihood that the intelligence activity will 
        fail.''.
    (b) Reporting on Activities Other Than Covert Actions.--Section 502 
of such Act (50 U.S.C. 413a) is amended by adding at the end the 
following new subsection:
    ``(d) Distribution of Information.--
            ``(1) Request.--Information or material provided in 
        accordance with subsection (a) shall be made available to each 
        member of the congressional intelligence committees, unless the 
        President requests that access to the information or material 
        be limited after determining that limiting such access is 
        essential to meet extraordinary circumstances affecting vital 
        interests of the United States. A request under this paragraph 
        and the extraordinary circumstances referred to in this 
        paragraph shall be detailed in writing to the Chair and ranking 
        minority member of the congressional intelligence committees.
            ``(2) Distribution.--If the President submits a request 
        under paragraph (1), the Chair and ranking minority member of 
        each congressional intelligence committee may jointly determine 
        whether and how to limit access to the information or material 
        within such committee. If the Chair and ranking minority member 
        of such committee are unable to agree on whether or how to 
        limit such access, access to the information or material will 
        be limited. Any information or material to which access is 
        limited shall subsequently be made available to each member of 
        the congressional intelligence communities at the earliest 
        possible time and shall include a detailed statement of the 
        reasons for not providing prior access.''.
    (c) Approval of Covert Actions.--Section 503(d) of the National 
Security Act of 1947 (50 U.S.C. 413b(d)) is amended--
            (1) by striking ``(d) The President'' and inserting 
        ``(d)(1) The President''; and
            (2) by adding at the end the following new paragraph:
    ``(2) For purposes of this subsection, an activity shall constitute 
a `significant undertaking' if the activity--
            ``(A) involves the potential for loss of life;
            ``(B) requires an expansion of existing authorities, 
        including authorities relating to research, development, or 
        operations;
            ``(C) results in the expenditure of significant funds or 
        other resources;
            ``(D) requires notification under section 504;
            ``(E) gives rise to a significant risk of disclosing 
        intelligence sources or methods; or
            ``(F) could cause serious damage to the diplomatic 
        relations of the United States if such activity were disclosed 
        without authorization.''.

SEC. 503. REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST ASSETS.

    (a) Annual Reports.--Section 118 of the National Security Act of 
1947 (50 U.S.C. 404m) is amended--
            (1) in the heading, by striking ``semiannual'' and 
        inserting ``annual''; and
            (2) in subsection (a)--
                    (A) in the heading, by striking ``Semiannual'' and 
                inserting ``Annual'';
                    (B) in the matter preceding paragraph (1)--
                            (i) by striking ``semiannual basis'' and 
                        inserting ``annual basis''; and
                            (ii) by striking ``preceding six-month 
                        period'' and inserting ``preceding year'';
                    (C) by striking paragraph (2); and
                    (D) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively.
    (b) Conforming Amendment.--Section 507 of the National Security Act 
of 1947 (50 U.S.C. 415b) is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following new subparagraph:
            ``(L) The annual report on financial intelligence on 
        terrorist assets required by section 118.''; and
            (2) in subsection (b), by striking paragraph (6).

SEC. 504. NOTICE OF INTELLIGENCE REGARDING NORTH KOREA AND CHINA.

    Section 501 of the National Security Act of 1947 (50 U.S.C. 413) is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) A notification to the congressional intelligence committees 
regarding intelligence information relating to North Korea or China 
after all or part of the information has been communicated to the 
governments of North Korea or China, respectively, shall not be 
construed to fulfill the duty under this title to keep the 
congressional intelligence committees fully and currently informed of 
the intelligence activities of the United States.''.

SEC. 505. SENSE OF CONGRESS REGARDING USE OF INTELLIGENCE RESOURCES.

    It is the sense of Congress that the resources authorized under 
this Act should not be diverted from human intelligence collection and 
other intelligence programs designed to combat al Qaeda in order to 
study global climate change.

SEC. 506. SENSE OF CONGRESS REGARDING COLOMBIAN PARAMILITARY 
              ORGANIZATIONS.

    It is the sense of Congress that--
            (1) the permanent defeat of the Revolutionary Armed Forces 
        of Columbia (FARC), United Self-Defense Forces of Colombia 
        (AUC), National Liberation Army (ELN), and other Colombian 
        paramilitary organizations is in the national interest of the 
        United States;
            (2) the Colombian operation that liberated Americans Keith 
        Stansell, Marc Gonsalves, and Thomas Howes and Ingrid 
        Betancourt and 11 other Colombian hostages from the FARC on 
        July 2, 2008, demonstrated the professionalism of Colombian 
        security forces and intelligence operatives;
            (3) intelligence and other cooperation by the United States 
        has played a key role in developing and reinforcing the 
        capabilities of the Government of Colombia to address terrorist 
        and narcoterrorist threats;
            (4) intelligence and other cooperation by the United States 
        has significantly contributed to the continued success of the 
        Government of Colombia in impacting the capabilities of 
        terrorist and narcoterrorist groups that have threatened the 
        national security of Colombia and the United States; and
            (5) it is critical that such assistance continue in order 
        to support the Government of Colombia in its efforts to 
        continue to capitalize on those successes.

SEC. 507. JIHADISTS.

    None of the funds authorized to be appropriated by this Act may be 
used to prohibit or discourage the use of the words or phrases 
``jihadist'', ``jihad'', ``Islamo-fascism'', ``caliphate'', 
``Islamist'', or ``Islamic terrorist'' by or within the intelligence 
community or the Federal Government.

                    Subtitle B--Technical Amendments

SEC. 511. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE AGENCY ACT OF 
              1949.

    Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f(a)(1)) is amended by striking ``authorized under paragraphs 
(2) and (3) of section 102(a), subsections (c)(7) and (d) of section 
103, subsections (a) and (g) of section 104, and section 303 of the 
National Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7), 
(d), 403-4(a), (g), and 405)'' and inserting ``authorized under section 
104A of the National Security Act of 1947 (50 U.S.C. 403-4a)''.

SEC. 512. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL 
              INTELLIGENCE PROGRAM.

    (a) In General.--Subsection (a) of section 1403 of the National 
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is 
amended--
            (1) in the heading, by striking ``Foreign''; and
            (2) by striking ``foreign'' each place it appears.
    (b) Responsibility of Director of National Intelligence.--That 
section is further amended--
            (1) in subsections (a) and (c), by striking ``Director of 
        Central Intelligence'' and inserting ``Director of National 
        Intelligence''; and
            (2) in subsection (b), by inserting ``of National 
        Intelligence'' after ``Director''.
    (c) Conforming Amendment.--The heading of that section is amended 
to read as follows:

``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.

SEC. 513. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT 
              MILITARY INTELLIGENCE PROGRAM AND TACTICAL INTELLIGENCE 
              AND RELATED ACTIVITIES.

    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) 
is amended--
            (1) in subsection (c)(3)(A), by striking ``annual budgets 
        for the Joint Military Intelligence Program and for Tactical 
        Intelligence and Related Activities'' and inserting ``annual 
        budget for the Military Intelligence Program or any successor 
        program or programs''; and
            (2) in subsection (d)(1)(B), by striking ``Joint Military 
        Intelligence Program'' and inserting ``Military Intelligence 
        Program or any successor program or programs''.

SEC. 514. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.

    The National Security Act of 1947 (50 U.S.C. 401 et seq.) is 
amended as follows:
            (1) In section 102A (50 U.S.C. 403-1)--
                    (A) in subsection (d)--
                            (i) in paragraph (3), by striking 
                        ``subparagraph (A)'' in the matter preceding 
                        subparagraph (A) and inserting ``paragraph 
                        (1)(A)'';
                            (ii) in paragraph (5)(A), by striking ``or 
                        personnel'' in the matter preceding clause (i); 
                        and
                            (iii) in paragraph (5)(B), by striking ``or 
                        agency involved'' in the second sentence and 
                        inserting ``involved or the Director of the 
                        Central Intelligence Agency (in the case of the 
                        Central Intelligence Agency)'';
                    (B) in subsection (l)(2)(B), by striking 
                ``section'' and inserting ``paragraph''; and
                    (C) in subsection (n), by inserting ``and Other'' 
                after ``Acquisition''.
            (2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
        striking ``subsection (h)'' and inserting ``subsection (i)''.
            (3) In section 705(e)(2)(D)(i) (50 U.S.C. 
        432c(e)(2)(D)(i)), by striking ``responsible'' and inserting 
        ``responsive''.

SEC. 515. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM 
              PREVENTION ACT OF 2004.

    (a) Amendments to National Security Intelligence Reform Act of 
2004.--The National Security Intelligence Reform Act of 2004 (title I 
of Public Law 108-458; 118 Stat. 3643) is amended as follows:
            (1) In section 1016(e)(10)(B) (6 U.S.C. 485(e)(10)(B)), by 
        striking ``Attorney General'' the second place it appears and 
        inserting ``Department of Justice''.
            (2) In section 1071(e), by striking ``(1)''.
            (3) In section 1072(b), in the subsection heading by 
        inserting ``Agency'' after ``Intelligence''.
    (b) Other Amendments to Intelligence Reform and Terrorism 
Prevention Act of 2004.--The Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638) is amended 
as follows:
            (1) In section 2001 (28 U.S.C. 532 note)--
                    (A) in subsection (c)(1), by inserting ``of'' 
                before ``an institutional culture'';
                    (B) in subsection (e)(2), by striking ``the 
                National Intelligence Director in a manner consistent 
                with section 112(e)'' and inserting ``the Director of 
                National Intelligence in a manner consistent with 
                applicable law''; and
                    (C) in subsection (f), by striking ``shall,'' in 
                the matter preceding paragraph (1) and inserting 
                ``shall''.
            (2) In section 2006 (28 U.S.C. 509 note)--
                    (A) in paragraph (2), by striking ``the Federal'' 
                and inserting ``Federal''; and
                    (B) in paragraph (3), by striking ``the specific'' 
                and inserting ``specific''.

SEC. 516. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

    (a) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended by striking the item relating to the Director 
of Central Intelligence and inserting the following new item:
            ``Director of the Central Intelligence Agency.''.
    (b) Executive Schedule Level III.--Section 5314 of title 5, United 
States Code, is amended by striking the item relating to the Deputy 
Directors of Central Intelligence and inserting the following new item:
            ``Deputy Director of the Central Intelligence Agency.''.
    (c) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by striking the item relating to the General 
Counsel of the Office of the National Intelligence Director and 
inserting the following new item:
            ``General Counsel of the Office of the Director of National 
        Intelligence.''.

SEC. 517. TECHNICAL AMENDMENTS RELATING TO THE NATIONAL GEOSPATIAL-
              INTELLIGENCE AGENCY.

    (a) Title 5.--Title 5, United States Code, is amended by striking 
``National Imagery and Mapping Agency'' each place it appears and 
inserting ``National Geospatial-Intelligence Agency''.
    (b) Title 44.--Title 44, United States Code, is amended--
            (1) in section 1336--
                    (A) in the heading, by striking ``National Imagery 
                and Mapping Agency'' and inserting ``National 
                Geospatial-Intelligence Agency''; and
                    (B) by striking ``National Imagery and Mapping 
                Agency'' each place it appears and inserting ``National 
                Geospatial-Intelligence Agency''; and
            (2) in the table of sections at the beginning of chapter 
        13, by striking the item relating to section 1336 and inserting 
        the following new item:

``1336. National Geospatial-Intelligence Agency: special 
                            publications.''.
    (c) Section 201 of the Homeland Security Act of 2002.--Section 
201(f)(2)(E) of the Homeland Security Act of 2002 (6 U.S.C. 121) is 
amended by striking ``National Imagery and Mapping Agency'' and 
inserting ``National Geospatial-Intelligence Agency''.

            Passed the House of Representatives July 16, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

                               By Robert F. Reeves,

                                                          Deputy Clerk.
                                                       Calendar No. 888

110th CONGRESS

  2d Session

                               H. R. 5959

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for fiscal year 2009 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

_______________________________________________________________________

                             July 17, 2008

            Received; read twice and placed on the calendar