[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2701 Received in Senate (RDS)]
111th CONGRESS
2d Session
H. R. 2701
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2010
Received
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2010 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Prohibition on earmarks.
Sec. 106. Restriction on conduct of intelligence activities.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Temporary appointment to fill vacancies in Presidentially
appointed and Senate confirmed positions in
the Office of the Director of National
Intelligence.
Sec. 303. Enhanced flexibility in nonreimbursable details to elements
of the intelligence community.
Sec. 304. Provisions relating to the Defense Civilian Intelligence
Personnel System.
Sec. 305. Conflict of interest regulations and prohibition on certain
outside employment for intelligence
community employees.
Subtitle B--Education
Sec. 311. Permanent authorization for the Pat Roberts Intelligence
Scholars Program.
Sec. 312. Intelligence officer training program.
Sec. 313. Modifications to the Stokes educational scholarship program.
Sec. 314. Pilot program for intensive language instruction in African
languages.
Subtitle C--Congressional Oversight of Covert Actions
Sec. 321. Reporting on covert actions.
Subtitle D--Reports and Other Congressional Oversight
Sec. 331. Report on financial intelligence on terrorist assets.
Sec. 332. Annual personnel level assessments for the intelligence
community.
Sec. 333. Semiannual reports on nuclear weapons programs of Iran,
Syria, and North Korea.
Sec. 334. Report on foreign language proficiency in the intelligence
community.
Sec. 335. Government Accountability Office audits and investigations.
Sec. 336. Certification of compliance with oversight requirements.
Sec. 337. Reports on foreign industrial espionage.
Sec. 338. Report on intelligence community contractors.
Sec. 339. Report on transformation of the intelligence capabilities of
the Federal Bureau of Investigation.
Sec. 340. Report on intelligence resources dedicated to Iraq and
Afghanistan.
Sec. 341. Report on international traffic in arms regulations.
Sec. 342. Report on nuclear trafficking.
Sec. 343. Study on revoking pensions of persons who commit unauthorized
disclosures of classified information.
Sec. 344. Study on electronic waste destruction practices of the
intelligence community.
Sec. 345. Report on retirement benefits for former employees of Air
America.
Sec. 346. Study on college tuition programs for employees of the
intelligence community.
Sec. 347. Report on global supply chain vulnerabilities.
Sec. 348. Review of records relating to potential health risks among
Desert Storm veterans.
Sec. 349. Federal Bureau of Investigation field office supervisory term
limit policy.
Sec. 350. Summary of intelligence relating to terrorist recidivism of
detainees held at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 351. Summary of intelligence on Uighur detainees held at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 352. Report on interrogation research and training.
Sec. 353. Report on plans to increase diversity within the intelligence
community.
Sec. 354. Review of Federal Bureau of Investigation exercise of
enforcement jurisdiction in foreign
nations.
Sec. 355. Public release of information on procedures used in narcotics
airbridge denial program in Peru.
Sec. 356. Cybersecurity oversight.
Sec. 357. Reiteration of requirement to submit report on terrorism
financing.
Sec. 358. Report on questioning and detention of suspected terrorists.
Sec. 359. Report on dissemination of counterterrorism information to
local law enforcement agencies.
Sec. 360. Report on intelligence capabilities of State and local law
enforcement agencies.
Sec. 360A. Inspector General report on over-classification.
Sec. 360B. Report on threat from dirty bombs.
Sec. 360C. Report on activities of the intelligence community in
Argentina.
Sec. 360D. Report on National Security Agency strategy to protect
Department of Defense networks.
Sec. 360E. Report on creation of space intelligence office.
Sec. 360F. Plan to secure networks of the intelligence community.
Sec. 360G. Report on missile arsenal of Iran.
Sec. 360H. Study on best practices of foreign governments in combating
violent domestic extremism.
Sec. 360I. Report on information sharing practices of joint terrorism
task force.
Sec. 360J. Report on technology to enable information sharing.
Sec. 360K. Report on threats to energy security of the United States.
Sec. 360L. Report on attempt to detonate explosive device on Northwest
Airlines flight 253.
Sec. 360M. Repeal of certain reporting requirements.
Sec. 360N. Incorporation of reporting requirements.
Sec. 360O. Conforming amendments.
Subtitle E--Other Matters
Sec. 361. Modification of availability of funds for different
intelligence activities.
Sec. 362. Protection of certain national security information.
Sec. 363. Extension of authority to delete information about receipt
and disposition of foreign gifts and
decorations.
Sec. 364. Exemption of dissemination of terrorist identity information
from Freedom of Information Act.
Sec. 365. Misuse of the intelligence community and Office of the
Director of National Intelligence name,
initials, or seal.
Sec. 366. Security clearances: reports; ombudsman; reciprocity.
Sec. 367. Limitation on use of funds for the transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 368. Intelligence community financial improvement and audit
readiness.
Sec. 369. Sense of Congress on monitoring of northern border of the
United States.
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. Plan to implement recommendations of the data center energy
efficiency reports.
Sec. 405. Title of Chief Information Officer of the Intelligence
Community.
Sec. 406. Inspector General of the Intelligence Community.
Sec. 407. Director of National Intelligence support for reviews of
International Traffic in Arms Regulations
and Export Administration Regulations.
Subtitle B--Central Intelligence Agency
Sec. 411. Review of covert action programs by Inspector General of the
Central Intelligence Agency.
Sec. 412. Prohibition on the use of private contractors for
interrogations involving persons in the
custody of the Central Intelligence Agency.
Sec. 413. Appeals from decisions of Central Intelligence Agency
contracting officers.
Sec. 414. Deputy Director of the Central Intelligence Agency.
Sec. 415. Protection against reprisals.
Sec. 416. Requirement for video recording of interrogations of persons
in the custody of the Central Intelligence
Agency.
Subtitle C--Other Elements
Sec. 421. Homeland Security intelligence elements.
Sec. 422. Clarification of inclusion of Drug Enforcement Administration
as an element of the intelligence
community.
Sec. 423. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 424. Confirmation of appointment of heads of certain components of
the intelligence community.
Sec. 425. Associate Director of the National Security Agency for
Compliance and Training.
Sec. 426. Charter for the National Reconnaissance Office.
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. Classification review of executive branch materials in the
possession of the congressional
intelligence committees.
Sec. 503. Prohibition on use of funds to provide Miranda warnings to
certain persons outside of the United
States.
Sec. 504. Sense of Congress honoring the contributions of the Central
Intelligence Agency.
Sec. 505. Review of intelligence to determine if foreign connection to
anthrax attacks exists.
Sec. 505. Cybersecurity task force.
Subtitle B--Technical Amendments
Sec. 511. Technical amendments to the Central Intelligence Agency Act
of 1949.
Sec. 512. Technical amendment to mandatory retirement provision of
Central Intelligence Agency Retirement Act.
Sec. 513. Technical amendments to the Executive Schedule.
Sec. 514. Technical amendments to the Foreign Intelligence Surveillance
Act of 1978.
Sec. 515. Technical amendments to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004.
Sec. 516. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 517. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 518. Technical amendments to the National Security Act of 1947.
Sec. 519. Technical amendments to title 10, United States Code.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Select Committee on Intelligence of the
Senate.
(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 2010
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
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, 2010, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany the bill
H.R. 2701 of the One Hundred Eleventh Congress.
(b) Availability of Classified Schedule of Authorizations.--The
classified Schedule of Authorizations referred to in subsection (a)
shall be made available to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
SEC. 103. PERSONNEL 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 2010 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 2010 the sum of
$643,252,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2011.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 853 full-time or full-time equivalent
personnel as of September 30, 2010. Personnel serving in such elements
may be permanent employees of the Office of the Director of National
Intelligence or personnel detailed from other elements of the United
States Government.
(c) Construction of 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 2010 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September
30, 2011.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2010, there are authorized such additional 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. PROHIBITION ON EARMARKS.
(a) In General.--Nothing in the classified Schedule of
Authorizations, a report of the Permanent Select Committee on
Intelligence of the House of Representatives or the Select Committee on
Intelligence of the Senate to accompany the bill H.R. 2701 of the One
Hundred Eleventh Congress, a joint statement of the managers
accompanying a conference report on such bill, or the classified annex
to this Act, shall be construed to authorize or require the expenditure
of funds for a congressional earmark.
(b) Congressional Earmark Defined.--In this section, the term
``congressional earmark'' means a provision or report language included
primarily at the request of a Member, Delegate, or 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. 106. 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.
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 2010 the sum of
$290,900,000.
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. TEMPORARY APPOINTMENT TO FILL VACANCIES IN PRESIDENTIALLY
APPOINTED AND SENATE CONFIRMED POSITIONS IN THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 103 of the National Security Act of 1947 (50 U.S.C. 403-3)
is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) inserting after subsection (d) the following new
subsection:
``(e) Temporary Appointment to Fill Vacancies.--Notwithstanding
section 3345 of title 5, United States Code, if an officer of the
Office of the Director of National Intelligence, other than the
Director of National Intelligence, whose appointment to office is
required to be made by the President, by and with the advice and
consent of the Senate, dies, resigns, or is unable to perform the
functions and duties of the office--
``(1) if during the 365-day period immediately preceding
the date of death, resignation, or beginning of inability to
serve of the applicable officer, the person serving as the
first assistant to the office of such officer served as such
first assistant for not less than 90 days, such first assistant
shall perform the functions and duties of the office
temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code;
``(2) notwithstanding paragraph (1), the President may
direct a person who serves in an office for which appointment
is required to be made by the President, by and with the advice
and consent of the Senate, to perform the functions and duties
of the vacant office temporarily in an acting capacity subject
to the time limitations of such section 3346; or
``(3) notwithstanding paragraph (1), the Director of
National Intelligence shall recommend to the President, and the
President may direct, a person to perform the functions and
duties of the vacant office temporarily in an acting capacity
subject to the time limitations of such section 3346, if--
``(A) during the 365-day period preceding the date
of death, resignation, or beginning of inability to
serve of the applicable officer, such person served in
a position in an element of the intelligence community
for not less than 90 days;
``(B) the rate of pay for the position described
under subparagraph (A) is equal to or greater than the
minimum rate of pay payable for a position at GS-15 of
the General Schedule; and
``(C) in the case of a person who is employed by an
element of the intelligence community--
``(i) the Director of National Intelligence
shall consult with the head of such element;
and
``(ii) if the head of such element objects
to the recommendation, the Director of National
Intelligence may make the recommendation to the
President over the objection of the head of
such element after informing the President of
such objection.''.
SEC. 303. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO ELEMENTS
OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 113 the
following new section:
``detail of other personnel
``Sec. 113A. Except as provided in section 904(g)(2) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c(g)(2)) and
section 113 of this Act, and notwithstanding any other provision of
law, an officer or employee of the United States or member of the Armed
Forces may be detailed to an element of the intelligence community
funded through the Community Management Account from another element of
the United States Government on a reimbursable or nonreimbursable
basis, as jointly agreed to by the Director of National Intelligence
and the head of the detailing element, for a period not to exceed 2
years.''.
(b) Conforming Amendment.--The table of contents in the first
section of such Act (50 U.S.C. 401 note) is amended by inserting after
the item relating to section 113 the following new item:
``Sec. 113A. Detail of other personnel.''.
SEC. 304. PROVISIONS RELATING TO THE DEFENSE CIVILIAN INTELLIGENCE
PERSONNEL SYSTEM.
(a) Definitions.--For purposes of this section--
(1) the term ``covered position'' means a defense
intelligence position in the Department of Defense established
under chapter 83 of title 10, United States Code, excluding an
Intelligence Senior Level position designated under section
1607 of such title and any position in the Defense Intelligence
Senior Executive Service;
(2) the term ``DCIPS pay system'', as used with respect to
a covered position, means the provisions of the Defense
Civilian Intelligence Personnel System under which the rate of
salary or basic pay for such position is determined, excluding
any provisions relating to bonuses, awards, or any other
amounts not in the nature of salary or basic pay;
(3) the term ``Defense Civilian Intelligence Personnel
System'' means the personnel system established under chapter
83 of title 10, United States Code; and
(4) the term ``appropriate pay system'', as used with
respect to a covered position, means--
(A) the system under which, as of September 30,
2007, the rate of salary or basic pay for such position
was determined; or
(B) if subparagraph (A) does not apply, the system
under which, as of September 30, 2007, the rate of
salary or basic pay was determined for the positions
within the Department of Defense most similar to the
position involved,
excluding any provisions relating to bonuses, awards, or any
other amounts which are not in the nature of salary or basic
pay.
(b) Requirement That Appointments to Covered Positions After June
16, 2009, Be Subject to the Appropriate Pay System.--Notwithstanding
any other provision of law--
(1) the DCIPS pay system--
(A) shall not apply to any individual holding a
covered position who is not subject to such system as
of June 16, 2009; and
(B) shall not apply to any covered position which
is not subject to such system as of June 16, 2009; and
(2) any individual who, after June 16, 2009, is appointed
to a covered position shall accordingly be subject to the
appropriate pay system.
(c) Termination of DCIPS Pay System for Covered Positions and
Conversion of Employees Holding Covered Positions to the Appropriate
Pay System.--
(1) In general.--The Secretary of Defense shall take all
actions which may be necessary to provide, within 12 months
after the date of enactment of this Act, for the termination of
the DCIPS pay system with respect to covered positions and for
the conversion of any employees holding any covered positions
which, as of such date of enactment, remain subject to the
DCIPS pay system, to the appropriate pay system. No employee
shall suffer any loss of or decrease in pay because of the
preceding sentence.
(2) Report.--If the Secretary of Defense is of the view
that the DCIPS pay system should not be terminated with respect
to covered positions, as required by paragraph (1), the
Secretary shall submit to the President and both Houses of
Congress as soon as practicable, but in no event later than 6
months after the date of the enactment of this Act, a written
report setting forth a statement of the Secretary's views and
the reasons therefor. Such report shall specifically include--
(A) the Secretary's opinion as to whether the DCIPS
pay system should be continued, with or without
changes, with respect to covered positions; and
(B) if, in the opinion of the Secretary, the DCIPS
pay system should be continued with respect to covered
positions, with changes--
(i) a detailed description of the proposed
changes; and
(ii) a description of any administrative
action or legislation which may be necessary.
The requirements of this paragraph shall be carried out by the
Secretary of Defense in conjunction with the Director of the
Office of Personnel Management.
(d) Rule of Construction.--Nothing in this section shall be
considered to affect--
(1) the provisions of the Defense Civilian Intelligence
Personnel System governing aspects of compensation apart from
salary or basic pay; or
(2) the application of such provisions with respect to a
covered position or any individual holding a covered position,
including after June 16, 2009.
SEC. 305. CONFLICT OF INTEREST REGULATIONS AND PROHIBITION ON CERTAIN
OUTSIDE EMPLOYMENT FOR INTELLIGENCE COMMUNITY EMPLOYEES.
(a) Conflict of Interest Regulations.--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) Conflict of Interest Regulations.--(1) The Director of
National Intelligence, in consultation with the Director of the Office
of Government Ethics, shall issue regulations prohibiting an officer or
employee of an element of the intelligence community from engaging in
outside employment if such employment creates a conflict of interest or
appearance thereof.
``(2) The Director of National Intelligence shall annually submit
to the congressional intelligence committees a report describing all
outside employment for officers and employees of elements of the
intelligence community that was authorized by the head of an element of
the intelligence community during the preceding calendar year. Such
report shall be submitted each year on the date provided in section
507.''.
(b) Outside Employment.--
(1) Prohibition.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by adding at the end
the following new section:
``prohibition on certain outside employment of officers and employees
of the intelligence community
``Sec. 120. An officer or employee of an element of the
intelligence community may not personally own or effectively control an
entity that markets or sells for profit the use of knowledge or skills
that such officer or employee acquires or makes use of while carrying
out the official duties of such officer or employee as an officer or
employee of an element of the intelligence community.''.
(2) Conforming amendment.--The table of contents in the
first section of such Act (50 U.S.C. 401 note) is further
amended by inserting after the item relating to section 119B
the following new item:
``Sec. 120. Prohibition on certain outside employment of officers and
employees of the intelligence community.''.
Subtitle B--Education
SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROBERTS INTELLIGENCE
SCHOLARS PROGRAM.
(a) Permanent Authorization.--Subtitle C of title X of the National
Security Act of 1947 (50 U.S.C. 441m et seq.) is amended by adding at
the end the following new section:
``program on recruitment and training of intelligence analysts
``Sec. 1022. (a) Program.--(1) The Director of National
Intelligence shall carry out a program to ensure that selected students
or former students are provided funds to continue academic training, or
are reimbursed for academic training previously obtained, in areas of
specialization that the Director, in consultation with the other heads
of the elements of the intelligence community, identifies as areas in
which the current capabilities of the intelligence community are
deficient or in which future capabilities of the intelligence community
are likely to be deficient.
``(2) A student or former student selected for participation in the
program shall commit to employment with an element of the intelligence
community, following completion of appropriate academic training, under
such terms and conditions as the Director considers appropriate.
``(3) The program shall be known as the Pat Roberts Intelligence
Scholars Program.
``(b) Elements.--In carrying out the program under subsection (a),
the Director shall--
``(1) establish such requirements relating to the academic
training of participants as the Director considers appropriate
to ensure that participants are prepared for employment as
intelligence professionals; and
``(2) periodically review the areas of specialization of
the elements of the intelligence community to determine the
areas in which such elements are, or are likely to be,
deficient in capabilities.
``(c) Use of Funds.--Funds made available for the program under
subsection (a) shall be used to--
``(1) provide a monthly stipend for each month that a
student is pursuing a course of study;
``(2) pay the full tuition of a student or former student
for the completion of such course of study;
``(3) pay for books and materials that the student or
former student requires or required to complete such course of
study;
``(4) pay the expenses of the student or former student for
travel requested by an element of the intelligence community in
relation to such program; or
``(5) for such other purposes the Director considers
appropriate to carry out such program.''.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents in the first
section of such Act (50 U.S.C. 401 note), as amended by section
303 of this Act, is further amended by inserting after the item
relating to section 1021 the following new item:
``Sec. 1022. Program on recruitment and training of intelligence
analysts.''.
(2) Repeal of pilot program.--Section 318 of the
Intelligence Authorization Act for Fiscal Year 2004 (Public Law
108-177; 50 U.S.C. 441g note) is repealed.
SEC. 312. INTELLIGENCE OFFICER TRAINING PROGRAM.
(a) Program.--Subtitle C of title X of the National Security Act of
1947 (50 U.S.C. 441m et seq.), as amended by section 311 of this Act,
is further amended by adding at the end the following new section:
``intelligence officer training program
``Sec. 1023. (a) Programs.--(1) The Director of National
Intelligence may carry out grant programs in accordance with
subsections (b) and (c) to enhance the recruitment and retention of an
ethnically and culturally diverse intelligence community workforce with
capabilities critical to the national security interests of the United
States.
``(2) In carrying out paragraph (1), the Director of National
Intelligence shall identify the skills necessary to meet current or
emergent needs of the intelligence community and the educational
disciplines that will provide individuals with such skills.
``(b) Institutional Grant Program.--(1) The Director of National
Intelligence may provide grants to institutions of higher education to
support the establishment or continued development of programs of study
in educational disciplines identified under subsection (a)(2).
``(2) A grant provided under paragraph (1) may, with respect to the
educational disciplines identified under subsection (a)(2), be used for
the following purposes:
``(A) Curriculum or program development.
``(B) Faculty development.
``(C) Laboratory equipment or improvements.
``(D) Faculty research.
``(c) Grant Program for Historically Black Colleges and
Universities.--(1) The Director of National Intelligence may provide
grants to historically black colleges and universities to provide
programs of study in educational disciplines identified under
subsection (a)(2) or described in paragraph (2).
``(2) A grant provided under paragraph (1) may be used to provide
programs of study in the following educational disciplines:
``(A) Foreign languages, including Middle Eastern and South
Asian dialects.
``(B) Computer science.
``(C) Analytical courses.
``(D) Cryptography.
``(E) Study abroad programs.
``(d) Application.--An institution of higher education seeking a
grant under this section shall submit an application describing the
proposed use of the grant at such time and in such manner as the
Director may require.
``(e) Reports.--An institution of higher education that receives a
grant under this section shall submit to the Director regular reports
regarding the use of such grant, including--
``(1) a description of the benefits to students who
participate in the course of study funded by such grant;
``(2) a description of the results and accomplishments
related to such course of study; and
``(3) any other information that the Director may require.
``(f) Regulations.--The Director of National Intelligence shall
prescribe such regulations as may be necessary to carry out this
section.
``(g) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(2) Director.--The term `Director' means the Director of
National Intelligence.
``(3) Analytical courses.--The term `analytical courses'
mean programs of study involving--
``(A) analytic methodologies, including advanced
statistical, polling, econometric, mathematical, or
geospatial modeling methodologies;
``(B) analysis of counterterrorism, crime, and
counternarcotics;
``(C) economic analysis that includes analyzing and
interpreting economic trends and developments;
``(D) medical and health analysis, including the
assessment and analysis of global health issues,
trends, and disease outbreaks;
``(E) political analysis, including political,
social, cultural, and historical analysis to interpret
foreign political systems and developments; or
``(F) psychology, psychiatry, or sociology courses
that assess the psychological and social factors that
influence world events.
``(4) Computer science.--The term `computer science' means
a program of study in computer systems, computer science,
computer engineering, or hardware and software analysis,
integration, and maintenance.
``(5) Cryptography.--The term `cryptography' means a
program of study on the conversion of data into a scrambled
code that can be deciphered and sent across a public or private
network, and the applications of such conversion of data.
``(6) Historically black college and university.--The term
`historically black college and university' means an
institution of higher education that is a part B institution,
as such term is defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061).
``(7) Study abroad program.--The term `study abroad
program' means a program of study that--
``(A) takes places outside the geographical
boundaries of the United States;
``(B) focuses on areas of the world that are
critical to the national security interests of the
United States and are generally underrepresented in
study abroad programs at institutions of higher
education, including Africa, Asia, Central and Eastern
Europe, Eurasia, Latin American, and the Middle East;
and
``(C) is a credit or noncredit program.''.
(b) Repeal of Duplicative Provisions.--
(1) In general.--The following provisions of law are
repealed:
(A) Section 319 of the Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C.
403 note).
(B) Section 1003 of the National Security Act of
1947 (50 U.S.C. 441g-2).
(C) Section 922 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 50 U.S.C. 402 note).
(2) Existing agreements.--Notwithstanding the repeals made
by paragraph (1), nothing in this subsection shall be construed
to amend, modify, or abrogate any agreement, contract, or
employment relationship that was in effect in relation to the
provisions repealed under paragraph (1) on the day prior to the
date of the enactment of this Act.
(c) Conforming Amendments.--The table of contents in the first
section of the National Security Act of 1947 (50 U.S.C. 401 note), as
amended by section 311 of this Act, is further amended by--
(1) striking the item relating to section 1003; and
(2) inserting after the item relating to section 1022 the
following new item:
``Sec. 1023. Intelligence officer training program.''.
SEC. 313. MODIFICATIONS TO THE STOKES EDUCATIONAL SCHOLARSHIP PROGRAM.
(a) Expansion of Program to Graduate Students.--Section 16 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended--
(1) in subsection (a)--
(A) by striking ``undergraduate'' and inserting
``undergraduate and graduate''; and
(B) by striking ``the baccalaureate'' and inserting
``a baccalaureate or graduate''; and
(2) in subsection (e)(2), by striking ``undergraduate'' and
inserting ``undergraduate and graduate''.
(b) Termination.--Section 16(d)(1)(C) of such Act is amended by
striking ``terminated either by'' and all that follows and inserting
the following: ``terminated by--
``(i) the Agency due to misconduct by the person;
``(ii) the person voluntarily; or
``(iii) by the Agency for the failure of the person
to maintain such level of academic standing in the
educational course of training as the Director of the
National Security Agency specifies in the agreement
under this paragraph; and''.
(c) Authority To Withhold Disclosure of Affiliation With NSA.--
Section 16(e) 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''.
(d) Other Elements of the Intelligence Community.--
(1) Authorization.--Subtitle C of title X of the National
Security Act of 1947 (50 U.S.C. 441g et seq.), as amended by
section 312 of this Act, is further amended by adding at the
end the following new section:
``stokes scholarship program
``Sec. 1024. The head of an element of the intelligence community
may establish an undergraduate and graduate training program with
respect to civilian employees of such element in the same manner and
under the same conditions as the Secretary of Defense is authorized to
establish such a program under section 16 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note).''.
(2) Conforming amendment.--The table of contents in the
first section of such Act (50 U.S.C. 401 note), as amended by
section 312 of this Act, is further amended by inserting after
the item relating to section 1023 the following new item:
``Sec. 1024. Stokes scholarship program.''.
SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE INSTRUCTION IN AFRICAN
LANGUAGES.
(a) Establishment.--The Director of National Intelligence, in
consultation with the National Security Education Board established
under section 803(a) of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1903(a)), may establish a pilot program for
intensive language instruction in African languages.
(b) Program.--A pilot program established under subsection (a)
shall provide scholarships for programs that provide intensive language
instruction--
(1) in any of the five highest priority African languages
for which scholarships are not offered under such Act, as
determined by the Director of National Intelligence; and
(2) both in the United States and in a country in which the
language is the native language of a significant portion of the
population, as determined by the Director of National
Intelligence.
(c) Termination.--A pilot program established in accordance with
subsection (a) shall terminate on the date that is 5 years after the
date on which such pilot program is established.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $2,000,000.
(2) Availability.--Funds authorized to be appropriated
under paragraph (1) shall remain available until the
termination of the pilot program in accordance with subsection
(c).
Subtitle C--Congressional Oversight of Covert Actions
SEC. 321. REPORTING ON COVERT ACTIONS.
(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 specific operational concerns arising from the
intelligence activity, including the risk of disclosing
intelligence sources or methods;
``(C) the likelihood that the intelligence activity will
exceed the planned or authorized expenditure of funds or other
resources; and
``(D) the likelihood that the intelligence activity will
fail.''.
(b) Procedures.--Section 501(c) of such Act (50 U.S.C. 413(c)) is
amended by striking ``such procedures'' and inserting ``such written
procedures''.
(c) Intelligence Activities.--Section 502(a)(2) of such Act (50
U.S.C. 413a(a)(2)) is amended by inserting ``(including the legal
authority under which the intelligence activity is being or was
conducted)'' after ``concerning intelligence activities''.
(d) Covert Actions.--Section 503 of such Act (50 U.S.C. 413b) is
amended--
(1) in subsection (b)(2), by inserting ``(including the
legal authority under which the covert action is being or was
conducted)'' after ``concerning covert actions'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``in writing''
after ``be reported'';
(B) in paragraph (2), by striking ``If the
President'' and inserting ``Subject to paragraph (5),
if the President''; and
(C) by adding at the end the following new
paragraph:
``(5)(A) The President may only limit access to a finding
in accordance with this subsection or a notification in
accordance with subsection (d)(1) if the President submits to
the Members of Congress specified in paragraph (2) a
certification that it is essential to limit access to such
finding or such notification to meet extraordinary
circumstances affecting vital interests of the United States.
``(B) Not later than 180 days after a certification is
submitted in accordance with subparagraph (A) or this
subparagraph, the Director of National Intelligence shall--
``(i) provide access to the finding or notification
that is the subject of such certification to all
members of the congressional intelligence committees;
or
``(ii) submit to the Members of Congress specified
in paragraph (2) a certification that it is essential
to limit access to such finding or such notification to
meet extraordinary circumstances affecting vital
interests of the United States.'';
(3) in subsection (d)--
(A) by striking ``(d) The President'' and inserting
``(d)(1) The President'';
(B) in paragraph (1), as designated by subparagraph
(A) of this paragraph, by inserting ``in writing''
after ``notified''; and
(C) 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.''; and
(4) by adding at the end the following new subsections:
``(g)(1) A Member of Congress to which a finding is reported under
subsection (c) or notice is provided under subsection (d)(1) may submit
to the Director of National Intelligence an objection to any part of
such finding or such notice or to the limiting of access to such
finding or such notice. Not later than seven days after such an
objection is submitted to the Director of National Intelligence, the
Director shall report such objection in writing to the President and
such Member of Congress.
``(2) In any case where access to a finding reported under
subsection (c) or notice provided under subsection (d)(1) is not made
available to all members of a congressional intelligence committee in
accordance with subsection (c)(2), the President shall provide such
members with general information regarding the finding or notice.
``(3) The President shall--
``(A) maintain a record of the Members of Congress to which
a finding is reported under subsection (c) or notice is
provided under subsection (d)(1) and the date on which each
Member of Congress receives such finding or notice; and
``(B) not later than 30 days after the date on which such
finding is reported or such notice is provided, provide such
record to--
``(i) in the case of a finding reported or notice
provided to a Member of the House of Representatives,
the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(ii) in the case of a finding reported or notice
provided to a Member of the Senate, the Select
Committee on Intelligence of the Senate.''.
Subtitle D--Reports and Other Congressional Oversight
SEC. 331. REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST ASSETS.
Section 118 of the National Security Act of 1947 (50 U.S.C. 404m)
is amended--
(1) in the heading, by striking ``semiannual'' and
inserting ``annual'';
(2) in subsection (a)--
(A) in the heading, by striking ``Semiannual'' and
inserting ``Annual'';
(B) in the matter preceding paragraph (1)--
(i) by striking ``semiannual basis'' and
inserting ``annual basis''; and
(ii) by striking ``preceding six-month
period'' and inserting ``preceding one-year
period'';
(C) by striking paragraph (2); and
(D) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``the Committee
on Armed Services,'' after ``the Committee on
Appropriations,''; and
(B) in paragraph (2), by inserting ``the Committee
on Armed Services,'' after ``the Committee on
Appropriations,''.
SEC. 332. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
Title V of the National Security Act of 1947 (50 U.S.C. 413 et
seq.) is amended by inserting after section 507 the following new
section:
``annual personnel level assessment for the intelligence community
``Sec. 508. (a) Assessment.--The Director of National Intelligence
shall, in consultation with the head of each element of the
intelligence community, prepare an annual personnel level assessment
for such element that assesses the personnel levels of 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 in accordance with
section 1105 of title 31, United States Code.
``(c) Contents.--Each assessment required by subsection (a) shall
include, for the element of the intelligence community concerned, the
following information:
``(1) The budget submission for personnel costs of such
element 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
preceding five fiscal years.
``(4) The number of personnel positions requested for such
element 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
such element of the current fiscal year.
``(6) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions of
such element during the preceding five fiscal years.
``(7) The best estimate of the number and costs of
contractors to be funded by such 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 to be funded by such element during
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, of such element
during the preceding five 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 such element.
``(12) A list of all contractors that have been the subject
of an investigation completed by the inspector general of such
element during the preceding fiscal year, or are or have been
the subject of an investigation by such inspector general
during the current fiscal year.
``(13) A statement by the Director of National Intelligence
of whether, based on current and projected funding, such
element 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.''.
SEC. 333. SEMIANNUAL REPORTS ON NUCLEAR WEAPONS PROGRAMS OF IRAN,
SYRIA, AND NORTH KOREA.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 332, is further amended by
adding at the end the following new section:
``semiannual reports on the nuclear weapons 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 appropriate congressional 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 weapons 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
country;
``(2) an evaluation of the sources upon which the
intelligence used to prepare the assessment referred to in
paragraph (1) is based, including the number of such sources
and an assessment of the reliability of each source;
``(3) a summary of any intelligence related to any program
gathered or developed since the previous report was submitted
under subsection (a), including intelligence collected from
both open and clandestine sources for each country; and
``(4) a discussion of any dissents, caveats, gaps in
knowledge, or other information that would reduce confidence in
the assessment referred to 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) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the congressional intelligence committees;
``(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
``(3) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.''.
(b) Applicability Date.--The first report required to be submitted
under section 509 of the National Security Act of 1947, as added by
subsection (a), shall be submitted not later than 120 days after the
date of the enactment of this Act.
SEC. 334. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE INTELLIGENCE
COMMUNITY.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter for 4 years, the Director of National
Intelligence shall submit to the congressional intelligence committees
and the Committees on Armed Services of the House of Representatives
and the Senate a report on the proficiency in foreign languages and, as
appropriate, in foreign dialects, of each element of the intelligence
community, including--
(1) the number of positions authorized for such element
that require foreign language proficiency and 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 preceding fiscal year that indicated foreign language
proficiency, including the foreign language indicated and the
proficiency level;
(5) the number of persons hired by such element with
foreign language proficiency, including the foreign language
and 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 the efforts of such element to
recruit, hire, train, and retain personnel that are proficient
in a foreign language;
(8) an assessment of methods and models for basic,
advanced, and intensive foreign language training;
(9) for each foreign language and, as appropriate, dialect
of a foreign language--
(A) the number of positions of such element that
require proficiency in the foreign language or dialect;
(B) the number of personnel of such element that
are serving in a position that requires proficiency in
the foreign language or dialect to perform the primary
duty of the position;
(C) the number of personnel of such element that
are serving in a position that does not require
proficiency in the foreign language or dialect to
perform the primary duty of the position;
(D) the number of personnel of such element rated
at each level of proficiency of the Interagency
Language Roundtable;
(E) whether the number of personnel at each level
of proficiency of the Interagency Language Roundtable
meets the requirements of such element;
(F) the number of personnel serving or hired to
serve as linguists for such element that are not
qualified as linguists under the standards of the
Interagency Language Roundtable;
(G) the number of personnel hired to serve as
linguists for such element during the preceding
calendar year;
(H) the number of personnel serving as linguists
that discontinued serving such element during the
preceding calendar year;
(I) the percentage of work requiring linguistic
skills that is fulfilled by 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) an identification of any critical gaps in foreign
language proficiency with respect to such element and
recommendations for eliminating such gaps;
(12) recommendations for eliminating required reports
relating to foreign-language proficiency that the Director of
National Intelligence considers outdated or no longer relevant;
and
(13) an assessment of the feasibility of employing foreign
nationals lawfully present in the United States who have
previously worked as translators or interpreters for the Armed
Forces or another department or agency of the Federal
Government in Iraq or Afghanistan to meet the critical language
needs of such element.
SEC. 335. GOVERNMENT ACCOUNTABILITY OFFICE AUDITS AND INVESTIGATIONS.
Title V of the National Security Act of 1947 (50 U.S.C. 413 et
seq.), as amended by section 334 of this Act, is further amended by
adding at the end the following new section:
``government accountability office analyses, evaluations, and
investigations
``Sec. 511. (a) In General.--Except as provided in subsection (b),
the Director of National Intelligence shall ensure that personnel of
the Government Accountability Office designated by the Comptroller
General are provided with access to all information in the possession
of an element of the intelligence community that the Comptroller
General determines is necessary for such personnel to conduct an
analysis, evaluation, or investigation of a program or activity of an
element of the intelligence community that is requested by a committee
of Congress with jurisdiction over such program or activity.
``(b) Exception.--(1)(A) Subject to subparagraph (B), the Director
of National Intelligence may restrict access to information referred to
in subsection (a) by personnel designated in such subsection if the
Director determines that the restriction is necessary to protect vital
national security interests of the United States.
``(B) The Director of National Intelligence may not restrict access
under subparagraph (A) solely on the basis of the level of
classification or compartmentation of information that the personnel
designated in subsection (a) may seek access to while conducting an
analysis, evaluation, or investigation.
``(2) If the Director exercises the authority under paragraph (1),
the Director shall submit to each committee of Congress with
jurisdiction over the program or activity that is the subject of the
analysis, evaluation, or investigation for which the Director restricts
access to information under such paragraph an appropriately classified
statement of the reasons for the exercise of such authority within 7
days.
``(3) The Director shall notify the Comptroller General at the time
a statement under paragraph (2) is submitted, and, to the extent
consistent with the protection of intelligence sources and methods,
provide the Comptroller General with a copy of such statement.
``(4) The Comptroller General shall submit to each committee of
Congress to which the Director of National Intelligence submits a
statement under paragraph (2) any comments on the statement that the
Comptroller General considers appropriate.
``(c) Confidentiality.--(1) The Comptroller General shall maintain
the same level of confidentiality for information made available for an
analysis, evaluation, or investigation referred to in subsection (a) as
is required of the head of the element of the intelligence community
from which such information is obtained. Officers and employees of the
Government Accountability Office are subject to the same statutory
penalties for unauthorized disclosure or use of such information as
officers or employees of the element of the intelligence community that
provided the Comptroller General or officers and employees of the
Government Accountability Office with access to such information.
``(2) The Comptroller General shall establish procedures to protect
from unauthorized disclosure all classified and other sensitive
information furnished to the Comptroller General or any representative
of the Comptroller General for conducting an analysis, evaluation, or
investigation referred to in subsection (a).
``(3) Before initiating an analysis, evaluation, or investigation
referred to in subsection (a), the Comptroller General shall provide
the Director of National Intelligence and the head of each relevant
element of the intelligence community with the name of each officer and
employee of the Government Accountability Office who has obtained
appropriate security clearance and to whom, upon proper identification,
records and information of the element of the intelligence community
shall be made available in conducting such analysis, evaluation, or
investigation.''.
SEC. 336. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT REQUIREMENTS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 335 of this Act, is further
amended by adding at the end the following new section:
``certification of compliance with oversight requirements
``Sec. 512. The head of each element of the intelligence community
shall semiannually submit to the congressional intelligence
committees--
``(1) a certification that, to the best of the knowledge of
the head of such element--
``(A) the head of such element of the intelligence
community is in full compliance with the requirements
of this title; and
``(B) any information required to be submitted by
such head of such element under this Act before the
date of the submission of such certification has been
properly submitted; or
``(2) if such head of such element is unable to submit a
certification under paragraph (1), a statement--
``(A) of the reasons such head of such element is
not able to submit such a certification;
``(B) describing any information required to be
submitted by such head of such element under this Act
before the date of the submission of such statement
that has not been properly submitted; and
``(C) that the head of such element will submit
such information as soon as possible after the
submission of such statement.''.
(b) Applicability Date.--The first certification or statement
required to be submitted by the head of each element of the
intelligence community under section 512 of the National Security Act
of 1947, as added by subsection (a) of this section, shall be submitted
not later than 90 days after the date of the enactment of this Act.
SEC. 337. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE.
(a) In General.--Section 809(b) of the Intelligence Authorization
Act for Fiscal Year 1995 (50 U.S.C. App. 2170b(b)) is amended--
(1) in the heading, by striking ``Annual'' and inserting
``Biennial'';
(2) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Submission to congress.--The President shall
biennially submit to the congressional intelligence committees,
the Committees on Armed Services of the House of
Representatives and the Senate, and congressional leadership a
report updating the information referred to in subsection
(a)(1)(D).'';
(3) by striking paragraph (2); and
(4) by redesignating paragraph (3) as paragraph (2).
(b) Initial Report.--The first report required under section
809(b)(1) of such Act, as amended by subsection (a)(2) of this section,
shall be submitted not later than February 1, 2010.
SEC. 338. REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirement for Report.--Not later than November 1, 2010, the
Director of National Intelligence shall submit to the congressional
intelligence committees and the Committees on Armed Services of the
House of Representatives and the Senate a report describing the use of
personal services contracts across the intelligence community, the
impact of the use of such contracts on the intelligence community
workforce, plans for conversion of contractor employment into Federal
Government employment, and the accountability mechanisms that govern
the performance of such personal services contracts.
(b) Content.--
(1) In general.--The report submitted under subsection (a)
shall include--
(A) a description of any relevant regulations or
guidance issued by the Director of National
Intelligence or the head of an element of the
intelligence community 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 Federal
Government employees performing substantially similar
functions;
(B) an identification of contracts where the
contractor is performing substantially similar
functions to a Federal 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 Federal Government employees performing
substantially similar functions;
(G) an analysis of the attrition of Federal
Government personnel for contractor positions that
provide substantially similar functions;
(H) a description of positions that will be
converted from contractor employment to Federal
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 2008 and
2009;
(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. 339. 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 and the Committees on the
Judiciary of the House of Representatives and the Senate 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.
SEC. 340. 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 and the Secretary of Defense
shall jointly submit to the congressional intelligence committees and
the Committees on Armed Services of the House of Representatives and
the Senate a report on intelligence collection and analysis resources:
(1) dedicated to Iraq and Afghanistan during fiscal years 2008 and
2009; and (2) planned to be dedicated during fiscal year 2010. Such
report shall include detailed information on fiscal, human, technical,
and other intelligence collection and analysis resources.
SEC. 341. REPORT ON INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.
(a) Report.--Not later than February 1, 2011, the Director of
National Intelligence shall submit to the congressional intelligence
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
report assessing 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.
(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. 342. REPORT ON NUCLEAR TRAFFICKING.
(a) Report.--Not later than February 1, 2010, 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 3
years--
(1) details of all known or suspected cases of the illicit
sale, transfer, brokering, or transport of--
(A) nuclear or radiological material;
(B) equipment useful for the production of nuclear
or radiological material; or
(C) 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. 343. 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 of 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. 344. STUDY ON ELECTRONIC WASTE DESTRUCTION PRACTICES OF THE
INTELLIGENCE COMMUNITY.
(a) Study.--The Inspector General of the Intelligence Community
shall conduct a study on the electronic waste destruction practices of
the intelligence community. Such study shall assess--
(1) the security of the electronic waste disposal practices
of the intelligence community, including the potential for
counterintelligence exploitation of destroyed, discarded, or
recycled materials;
(2) the environmental impact of such disposal practices;
and
(3) methods to improve the security and environmental
impact of such disposal practices, including steps to prevent
the forensic exploitation of electronic waste.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a report containing
the results of the study conducted under subsection (a).
SEC. 345. REPORT ON RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR
AMERICA.
(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 report on the advisability of providing Federal
retirement benefits to United States citizens for the service of such
citizens prior to 1977 as employees of Air America or an associated
company during a period when Air America or the associated company was
owned or controlled by the United States Government and operated or
managed by the Central Intelligence Agency.
(b) Report Elements.--The report required by subsection (a) shall
include the following:
(1) The history of Air America and the associated companies
prior to 1977, including a description of--
(A) the relationship between Air America and the
associated companies and the Central Intelligence
Agency or any other element of the United States
Government;
(B) the workforce of Air America and the associated
companies;
(C) the missions performed by Air America, the
associated companies, and their employees for the
United States; and
(D) the casualties suffered by employees of Air
America and the associated companies in the course of
their employment.
(2) A description of--
(A) the retirement benefits contracted for or
promised to the employees of Air America and the
associated companies prior to 1977;
(B) the contributions made by such employees for
such benefits;
(C) the retirement benefits actually paid such
employees;
(D) the entitlement of such employees to the
payment of future retirement benefits; and
(E) the likelihood that such employees will receive
any future retirement benefits.
(3) An assessment of the difference between--
(A) the retirement benefits that former employees
of Air America and the associated companies have
received or will receive by virtue of their employment
with Air America and the associated companies; and
(B) the retirement benefits that such employees
would have received or be eligible to receive if such
employment was deemed to be employment by the United
States Government and their service during such
employment was credited as Federal service for the
purpose of Federal retirement benefits.
(4) Any recommendations regarding the advisability of
legislative action to treat such employment as Federal service
for the purpose of Federal retirement benefits in light of the
relationship between Air America and the associated companies
and the United States Government and the services and
sacrifices of such employees to and for the United States.
(5) If legislative action is considered advisable under
paragraph (4), a proposal for such action and an assessment of
its costs.
(6) The opinions of the Director of the Central
Intelligence Agency, if any, on any matters covered by the
report that the Director of the Central Intelligence Agency
considers appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Air america.--The term ``Air America'' means Air
America, Incorporated.
(2) Associated company.--The term ``associated company''
means any entity associated with, predecessor to, or subsidiary
to Air America, including Air Asia Company Limited, CAT
Incorporated, Civil Air Transport Company Limited, and the
Pacific Division of Southern Air Transport, during the period
when such an entity was owned and controlled by the United
States Government.
SEC. 346. STUDY ON COLLEGE TUITION PROGRAMS FOR EMPLOYEES OF THE
INTELLIGENCE COMMUNITY.
(a) Study.--The Director of National Intelligence shall conduct a
study on the feasability of--
(1) providing matching funds for contributions to college
savings programs made by employees of elements of the
intelligence community; and
(2) establishing a program to pay the college tuition of
each child of an employee of an element of the intelligence
community that has died in the performance of the official
duties of such employee.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report containing the results of the study
conducted under subsection (a).
(c) College Savings Program Defined.--In this section, the term
``college savings program'' means--
(1) a qualified tuition program, as defined in section 529
of the Internal Revenue Code of 1986;
(2) a Coverdell education savings account, as defined in
section 530 of the Internal Revenue Code of 1986; and
(3) any other appropriate program providing tax incentives
for saving funds to pay for college tuition, as determined by
the Director of National Intelligence.
SEC. 347. REPORT ON GLOBAL SUPPLY CHAIN VULNERABILITIES.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director of National Intelligence shall submit to
Congress a report on the global supply chain and global provision of
services to determine whether such supply chain and such services pose
a risk to defense and intelligence systems due to components that may
be counterfeit, defective, or deliberately manipulated by a foreign
government or a criminal organization or services that may be managed,
controlled, or manipulated by a foreign government or a criminal
organization.
(b) Review of Mitigation.--
(1) NCIX review.--The National Counterintelligence
Executive shall conduct a review of the adequacy of the
mechanisms to identify and mitigate vulnerabilities in the
global supply chain that pose a risk to defense and
intelligence systems due to components that may be counterfeit,
defective, or deliberately manipulated by a foreign government
or a criminal organization or services that may be managed,
controlled, or manipulated by a foreign government or a
criminal organization. Such review shall include an examination
of the threat posed by State-controlled and State-invested
enterprises and the extent to which the actions and activities
of such enterprises may be controlled, coerced, or influenced
by a foreign government.
(2) Submission.--Not later than 1 year after the date of
the enactment of this Act, the National Counterintelligence
Executive shall submit to Congress a report containing the
results of the review conducted under paragraph (1).
SEC. 348. REVIEW OF RECORDS RELATING TO POTENTIAL HEALTH RISKS AMONG
DESERT STORM VETERANS.
(a) Review.--The Director of the Central Intelligence Agency shall
conduct a classification review of the records of the Agency that are
relevant to the known or potential health effects suffered by veterans
of Operation Desert Storm as described in the November 2008, report by
the Department of Veterans Affairs Research Advisory Committee on Gulf
War Veterans Illnesses.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director of the Central Intelligence Agency shall
submit to Congress the results of the classification review conducted
under subsection (a), including the total number of records of the
Agency that are relevant.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 349. FEDERAL BUREAU OF INVESTIGATION FIELD OFFICE SUPERVISORY TERM
LIMIT POLICY.
None of the funds authorized to be appropriated by this Act may be
used to implement the field office supervisory term limit policy of the
Federal Bureau of Investigation requiring the mandatory reassignment of
a supervisor of the Bureau after a specific term of years.
SEC. 350. SUMMARY OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM OF
DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
Not later than 30 days after the date of the enactment of this Act,
the Director of National Intelligence, in consultation with the
Director of the Central Intelligence Agency and the Director of the
Defense Intelligence Agency, shall make publicly available an
unclassified summary of--
(1) intelligence relating to recidivism of detainees
currently or formerly held at United States Naval Station,
Guantanamo Bay, Cuba, by the Department of Defense; and
(2) an assessment of the likelihood that such detainees
will engage in terrorism or communicate with persons in
terrorist organizations.
SEC. 351. SUMMARY OF INTELLIGENCE ON UIGHUR DETAINEES HELD AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Not later than 30 days after the date of the enactment of this Act,
the Director of National Intelligence, in consultation with the
Director of the Central Intelligence Agency and the Director of the
Defense Intelligence Agency, shall make publicly available an
unclassified summary of--
(1) intelligence relating to threats posed by Uighur
detainees currently or formerly held at United States Naval
Station, Guantanamo Bay, Cuba, by the Department of Defense;
and
(2) an assessment of the likelihood that such detainees
will engage in terrorism or communicate with persons in
terrorist organizations.
SEC. 352. REPORT ON INTERROGATION RESEARCH AND TRAINING.
(a) Requirement for Report.--Not later than December 31, 2009, the
Director of National Intelligence, in coordination with the heads of
the relevant elements of the intelligence community, shall submit to
the congressional intelligence committees and the Committees on
Appropriations of the House of Representatives and the Senate a report
on the state of research, analysis, and training in interrogation and
debriefing practices.
(b) Content.--The report required under subsection (a) shall
include--
(1) an assessment of--
(A) the quality and value of scientific and
technical research in interrogation and debriefing
practices that has been conducted independently or in
affiliation with the Federal Government and the
identification of areas in which additional research
could potentially improve interrogation practices;
(B) the state of interrogation and debriefing
training in the intelligence community, including the
character and adequacy of the ethical component of such
training, and the identification of any gaps in
training;
(C) the adequacy of efforts to enhance career path
options for intelligence community personnel that serve
as interrogators and debriefers, including efforts to
recruit and retain career personnel; and
(D) the effectiveness of existing processes for
studying and implementing lessons learned and best
practices of interrogation and debriefing; and
(2) any recommendations that the Director considers
appropriate for improving the performance of the intelligence
community with respect to the issues described in subparagraphs
(A) through (D) of paragraph (1).
SEC. 353. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE INTELLIGENCE
COMMUNITY.
(a) Findings.--Congress finds the following:
(1) To most effectively carry out the mission of the
intelligence community to collect and analyze intelligence, the
intelligence community needs personnel that look and speak like
the citizens of the many nations in which the United States
needs to collect such intelligence.
(2) One of the great strengths of the United States is the
diversity of the people of the United States, diversity that
can positively contribute to the operational capabilities and
effectiveness of the intelligence community.
(3) In the past, the intelligence community has not
properly focused on hiring a diverse workforce and the
capabilities of the intelligence community have suffered due to
that lack of focus.
(4) The intelligence community must be deliberate and work
hard to hire a diverse workforce to improve the operational
capabilities and effectiveness of the intelligence community.
(b) Requirement for Report.--Not later than 1 year after the date
of the enactment of this Act, 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.
(c) Content.--The report required by subsection (b) 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. 354. REVIEW OF FEDERAL BUREAU OF INVESTIGATION EXERCISE OF
ENFORCEMENT JURISDICTION IN FOREIGN NATIONS.
Not later than 60 days after the date of the enactment of this Act,
the Director of the Federal Bureau of Investigation, in consultation
with the Secretary of State, shall submit to the appropriate committees
of Congress a review of constraints under international law and the
laws of foreign nations to the assertion of enforcement jurisdiction
with respect to criminal investigations of terrorism offenses under the
laws of the United States conducted by agents of the Federal Bureau of
Investigation in foreign nations and using funds made available for the
National Intelligence Program, including constraints identified in
section 432 of the Restatement (Third) of the Foreign Relations Law of
the United States.
SEC. 355. PUBLIC RELEASE OF INFORMATION ON PROCEDURES USED IN NARCOTICS
AIRBRIDGE DENIAL PROGRAM IN PERU.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Central Intelligence Agency shall make publicly
available an unclassified version of the report of the Inspector
General of the Central Intelligence Agency entitled ``Procedures Used
in Narcotics Airbridge Denial Program in Peru, 1995-2001'', dated
August 25, 2008.
SEC. 356. CYBERSECURITY OVERSIGHT.
(a) Notification of Cybersecurity Programs.--
(1) Requirement for notification.--
(A) Existing programs.--Not later than 30 days
after the date of the enactment of this Act, the
President shall submit to Congress a notification for
each cybersecurity program in operation on such date
that includes the documentation referred to in
subparagraphs (A) through (E) of paragraph (2).
(B) New programs.--Not later than 30 days after the
date of the commencement of operations of a new
cybersecurity program, the President shall submit to
Congress a notification of such commencement that
includes the documentation referred to in subparagraphs
(A) through (E) of paragraph (2).
(2) Documentation.--A notification required by paragraph
(1) for a cybersecurity program shall include--
(A) the legal justification for the cybersecurity
program;
(B) the certification, if any, made pursuant to
section 2511(2)(a)(ii)(B) of title 18, United States
Code, or other statutory certification of legality for
the cybersecurity program;
(C) the concept for the operation of the
cybersecurity program that is approved by the head of
the appropriate agency or department;
(D) the assessment, if any, of the privacy impact
of the cybersecurity program prepared by the privacy or
civil liberties protection officer or comparable
officer of such agency or department; and
(E) the plan, if any, for independent audit or
review of the cybersecurity program to be carried out
by the head of the relevant department or agency of the
United States, in conjunction with the appropriate
inspector general.
(b) Program Reports.--
(1) Requirement for reports.--The head of a department or
agency of the United States with responsibility for a
cybersecurity program for which a notification was submitted
under subsection (a), in consultation with the inspector
general for that department or agency, shall submit to Congress
and the President, in accordance with the schedule set out in
paragraph (2), a report on such cybersecurity program that
includes--
(A) the results of any audit or review of the
cybersecurity program carried out under the plan
referred to in subsection (a)(2)(E), if any; and
(B) an assessment of whether the implementation of
the cybersecurity program--
(i) is in compliance with--
(I) the legal justification
referred to in subsection (a)(2)(A);
and
(II) the assessment referred to in
subsection (a)(2)(D), if any;
(ii) is adequately described by the concept
of operation referred to in subsection
(a)(2)(C), if any; and
(iii) includes an adequate independent
audit or review system and whether improvements
to such independent audit or review system are
necessary.
(2) Schedule for submission of reports.--The reports
required by paragraph (1) shall be submitted to Congress and
the President according to the following schedule:
(A) An initial report shall be submitted not later
than 180 days after the date of the enactment of this
Act.
(B) A second report shall be submitted not later
than 1 year after the date of the enactment of this
Act.
(C) Additional reports shall be submitted
periodically following the submission of the reports
referred to in subparagraphs (A) and (B) as necessary,
as determined by the head of the relevant department or
agency of the United States in conjunction with the
inspector general of that department or agency.
(3) Cooperation and coordination.--
(A) Cooperation.--The head of each department or
agency of the United States required to submit a report
under paragraph (1) for a particular cybersecurity
program, and the inspector general of each such
department or agency, shall, to the extent practicable,
work in conjunction with any other such head or
inspector general required to submit such a report for
such cybersecurity program.
(B) Coordination.--The heads of all of the
departments and agencies of the United States required
to submit a report under paragraph (1) for a particular
cybersecurity program shall designate one such head to
coordinate the conduct of the reports on such program.
(c) Information Sharing Report.--Not later than 1 year after the
date of the enactment of this Act, the Inspector General of the
Department of Homeland Security and the Inspector General of the
Intelligence Community shall jointly submit to Congress and the
President a report on the status of the sharing of cyber threat
information, including--
(1) a description of how cyber threat intelligence
information, including classified information, is shared among
the agencies and departments of the United States and with
persons responsible for critical infrastructure;
(2) a description of the mechanisms by which classified
cyber threat information is distributed;
(3) an assessment of the effectiveness of such information
sharing and distribution; and
(4) any other matters identified by the Inspectors General
that would help to fully inform Congress or the President
regarding the effectiveness and legality of cybersecurity
programs.
(d) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other
provision of law, the head of an element of the intelligence
community that is funded through the National Intelligence
Program may detail an officer or employee of such element to
the National Cyber Investigative Joint Task Force or to the
Department of Homeland Security to assist the Task Force or the
Department with cybersecurity, as jointly agreed by the head of
such element and the Task Force or the Department.
(2) Basis for detail.--A personnel detail made under
paragraph (1) may be made--
(A) for a period of not more than 3 years; and
(B) on a reimbursable or nonreimbursable basis.
(e) Sunset.--The requirements and authorities of this section shall
terminate on December 31, 2012.
(f) Definitions.--In this section:
(1) Cybersecurity program.--The term ``cybersecurity
program'' means a class or collection of similar cybersecurity
operations of an agency or department of the United States that
involves personally identifiable data that is--
(A) screened by a cybersecurity system outside of
the agency or department of the United States that was
the intended recipient of the personally identifiable
data;
(B) transferred, for the purpose of cybersecurity,
outside the agency or department of the United States
that was the intended recipient of the personally
identifiable data; or
(C) transferred, for the purpose of cybersecurity,
to an element of the intelligence community.
(2) National cyber investigative joint task force.--The
term ``National Cyber Investigative Joint Task Force'' means
the multi-agency cyber investigation coordination organization
overseen by the Director of the Federal Bureau of Investigation
known as the Nation Cyber Investigative Joint Task Force that
coordinates, integrates, and provides pertinent information
related to cybersecurity investigations.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016 of the USA PATRIOT Act (42 U.S.C. 5195c).
SEC. 357. REITERATION OF REQUIREMENT TO SUBMIT REPORT ON TERRORISM
FINANCING.
Not later than 180 days after the date of the enactment of this
Act, the President, acting through the Secretary of the Treasury, shall
submit to Congress the report required to be submitted under section
6303(a) of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3750).
SEC. 358. REPORT ON QUESTIONING AND DETENTION OF SUSPECTED TERRORISTS.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, in consultation with the
Attorney General, shall submit to Congress a report containing--
(1) a description of the strategy of the Federal Government
for balancing the intelligence collection needs of the United
States with the interest of the United States in prosecuting
terrorist suspects; and
(2) a description of the policy of the Federal Government
with respect to the questioning, detention, trial, transfer,
release, or other disposition of suspected terrorists.
SEC. 359. REPORT ON DISSEMINATION OF COUNTERTERRORISM INFORMATION TO
LOCAL LAW ENFORCEMENT AGENCIES.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to Congress a
report on the dissemination of critical counterterrorism information
from the intelligence community to local law enforcement agencies,
including recommendations for improving the means of communication of
such information to local law enforcement agencies.
SEC. 360. REPORT ON INTELLIGENCE CAPABILITIES OF STATE AND LOCAL LAW
ENFORCEMENT AGENCIES.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to Congress a
report on the intelligence capabilities of State and local law
enforcement agencies. Such report shall include--
(1) an assessment of the ability of State and local law
enforcement agencies to analyze and fuse intelligence community
products with locally gathered information;
(2) a description of existing procedures of the
intelligence community to share with State and local law
enforcement agencies the tactics, techniques, and procedures
for intelligence collection, data management, and analysis
learned from global counterinsurgency and counterterror
operations;
(3) a description of current intelligence analysis training
provided by elements of the intelligence community to State and
local law enforcement agencies;
(4) an assessment of the need for a formal intelligence
training center to teach State and local law enforcement
agencies methods of intelligence collection and analysis; and
(5) an assessment of the efficiently of co-locating such an
intelligence training center with an existing intelligence
community or military intelligence training center.
SEC. 360A. INSPECTOR GENERAL REPORT ON OVER-CLASSIFICATION.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to Congress a report containing an analysis of
the problem of over-classification of intelligence and ways to address
such over-classification, including an analysis of the importance of
protecting sources and methods while providing law enforcement and the
public with as much access to information as possible.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 360B. REPORT ON THREAT FROM DIRTY BOMBS.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, in consultation with the
Nuclear Regulatory Commission, shall submit to Congress a report
summarizing intelligence related to the threat to the United States
from weapons that use radiological materials, including highly
dispersible substances such as cesium-137.
SEC. 360C. REPORT ON ACTIVITIES OF THE INTELLIGENCE COMMUNITY IN
ARGENTINA.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Director of National Intelligence 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 during counterinsurgency or
counterterror operations, including by the State
Intelligence Secretariat (Secretaria de Inteligencia
del Estado), Military Intelligence Detachment 141
(Destacamento de Inteligencia Militar 141 in Cordoba),
Military Intelligence Detachment 121 (Destacamento
Militar 121 in Rosario), Army Intelligence Battalion
601, the Army Reunion Center (Reunion Central del
Ejercito), and the Army First Corps in Buenos Aires.
(C) Operation Condor and Argentina's role in cross-
border counterinsurgency or counterterror operations
with Brazil, Bolivia, Chile, Paraguay, or Uruguay.
(2) Information on abductions, torture, disappearances, and
executions by security forces and other forms of repression,
including the fate of Argentine children born in captivity,
that took place at detention centers, including the following:
(A) The Argentine Navy Mechanical School (Escuela
Mecanica de la Armada).
(B) Automotores Orletti.
(C) Operaciones Tacticas 18.
(D) La Perla.
(E) Campo de Mayo.
(F) Institutos Militares.
(3) An appendix of declassified records reviewed and used
for the report submitted under this subsection.
(4) A descriptive index of information referred to in
paragraph (1) or (2) that is classified, including the identity
of each document that is classified, the reason for continuing
the classification of such document, and an explanation of how
the release of the document would damage the national security
interests of the United States.
(b) Review of Classified Documents.--Not later than 2 years after
the date on which the report required under subsection (a) is
submitted, the Director of National Intelligence shall review
information referred to in paragraph (1) or (2) of subsection (a) that
is classified to determine if any of such information should be
declassified.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--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.
SEC. 360D. REPORT ON NATIONAL SECURITY AGENCY STRATEGY TO PROTECT
DEPARTMENT OF DEFENSE NETWORKS.
Not later than 180 days after the date of the enactment of this
Act, the Director of the National Security Agency shall submit to
Congress a report on the strategy of the National Security Agency with
respect to securing networks of the Department of Defense within the
intelligence community.
SEC. 360E. REPORT ON CREATION OF SPACE INTELLIGENCE OFFICE.
Not later than 1 year after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress a report
on the feasibility and advisability of creating a national space
intelligence office to manage space-related intelligence assets and
access to such assets.
SEC. 360F. PLAN TO SECURE NETWORKS OF THE INTELLIGENCE COMMUNITY.
(a) Plan.--Not later than 180 days after the date of the enactment
of this Act, the President shall submit to Congress a plan to secure
the networks of the intelligence community. Such plan shall include
strategies for--
(1) securing the networks of the intelligence community
from unauthorized remote access, intrusion, or insider
tampering;
(2) recruiting, retaining, and training a highly-qualified
cybersecurity intelligence community workforce and include--
(A) an assessment of the capabilities of such
workforce;
(B) an examination of issues of recruiting,
retention, and the professional development of such
workforce, including the possibility of providing
retention bonuses or other forms of compensation;
(C) an assessment of the benefits of outreach and
training with both private industry and academic
institutions with respect to such workforce; and
(D) an assessment of the impact of the
establishment of the Department of Defense Cyber
Command on personnel and authorities of the
intelligence community;
(3) making the intelligence community workforce and the
public aware of cybersecurity best practices and principles;
(4) coordinating the intelligence community response to a
cybersecurity incident;
(5) collaborating with industry and academia to improve
cybersecurity for critical infrastructure, the defense
industrial base, and financial networks;
(6) addressing such other matters as the President
considers necessary to secure the cyberinfrastructure of the
intelligence community; and
(7) reviewing procurement laws and classification issues to
determine how to allow for greater information sharing on
specific cyber threats and attacks between private industry and
the intelligence community.
(b) Updates.--Not later than 90 days after the date on which the
plan referred to in subsection (a) is submitted to Congress, and every
90 days thereafter until the President submits the certification
referred to in subsection (c), the President shall report to Congress
on the status of the implementation of such plan and the progress
towards the objectives of such plan.
(c) Certification.--The President may submit to Congress a
certification that the objectives of the plan referred to in subsection
(a) have been achieved.
SEC. 360G. REPORT ON MISSILE ARSENAL OF IRAN.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report assessing the threat
posed by the missile arsenal of Iran to allies and interests of the
United States in the Persian Gulf.
SEC. 360H. STUDY ON BEST PRACTICES OF FOREIGN GOVERNMENTS IN COMBATING
VIOLENT DOMESTIC EXTREMISM.
(a) Study.--The Director of National Intelligence shall conduct a
study on the best practices of foreign governments (including the
intelligence services of such governments) to combat violent domestic
extremism.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report containing
the results of the study conducted under subsection (a).
SEC. 360I. REPORT ON INFORMATION SHARING PRACTICES OF JOINT TERRORISM
TASK FORCE.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Federal Bureau of Investigation shall submit
to Congress a report on the best practices or impediments to
information sharing in the Federal Bureau of Investigation-New York
Police Department Joint Terrorism Task Force, including ways in which
the combining of Federal, State, and local law enforcement resources
can result in the effective utilization of such resources.
SEC. 360J. REPORT ON TECHNOLOGY TO ENABLE INFORMATION SHARING.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to Congress and
the President a report describing the improvements to information
technology needed to enable elements of the Federal Government that are
not part of the intelligence community to better share information with
elements of the intelligence community.
SEC. 360K. REPORT ON THREATS TO ENERGY SECURITY OF THE UNITED STATES.
Not later than 1 year after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress a report
in unclassified form describing the future threats to describing the
future threats to the national security of the United States from
continued and increased dependence of the United States on oil sources
from foreign nations.
SEC. 360L. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE DEVICE ON NORTHWEST
AIRLINES FLIGHT 253.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to Congress a
report on the attempt to detonate an explosive device aboard Northwest
Airlines flight number 253 on December 25, 2009. Such report shall
describe any failures to share or analyze intelligence or other
information within or between elements of the United States Government
and the measures that the intelligence community has taken or will take
to prevent such failures, including--
(1) a description of the roles and responsibilities of the
counterterrorism analytic components of the intelligence
community in synchronizing, correlating, and analyzing all
sources of intelligence related to terrorism;
(2) an assessment of the technological capabilities of the
intelligence community to assess terrorist threats, including--
(A) a list of all databases used by
counterterrorism analysts;
(B) a description of the steps taken by the
intelligence community to integrate all relevant
terrorist databases and allow for cross-database
searches; and
(C) a description of the steps taken by the
intelligence community to correlate biographic
information with terrorism-related intelligence;
(3) a description of the steps taken by the intelligence
community to train analysts on watchlisting processes and
procedures;
(4) a description of how watchlisting information is
entered, reviewed, searched, analyzed, and acted upon by the
relevant elements of the intelligence community;
(5) a description of the steps the intelligence community
is taking to enhance the rigor and raise the standard of
tradecraft of intelligence analysis related to uncovering and
preventing terrorist plots;
(6) a description of the processes and procedures by which
the intelligence community prioritizes terrorism threat leads
and the standards used by elements of the intelligence
community to determine if follow-up action is appropriate;
(7) a description of the steps taken to enhance record
information on possible terrorists in the Terrorist Identities
Datamart Environment;
(8) an assessment of how to meet the challenge associated
with exploiting the ever-increasing volume of information
available to the intelligence community; and
(9) a description of the steps the intelligence community
has taken or will take to respond to any findings and
recommendations of the congressional intelligence committees,
with respect to such failures, that have been transmitted to
the Director of National Intelligence.
SEC. 360M. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Report on Intelligence.--Section 109 of the National
Security Act of 1947 (50 U.S.C. 404d) is repealed.
(b) Annual 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) The Director'' and inserting ``The
Director''; and
(2) by striking paragraph (2).
(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.
SEC. 360N. 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. 360O. CONFORMING AMENDMENTS.
(a) Report Submission Dates.--Section 507 of the National Security
Act of 1947 (50 U.S.C. 415b) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A) and (G);
(ii) by redesignating subparagraphs (B),
(C), (D), (E), (F), (H), (I), and (N) as
subparagraphs (A), (B), (C), (D), (E), (F),
(G), and (H), respectively; and
(iii) by adding at the end the following
new subparagraphs:
``(I) The annual report on financial intelligence on
terrorist assets required by section 118.
``(J) The annual report on foreign language proficiency in
the intelligence community required by section 510.
``(K) The annual report on outside employment required by
section 102A(s)(2).'';
(B) in paragraph (2), by striking subparagraph (D);
and
(2) in subsection (b), by striking paragraph (6).
(b) Table of Contents.--The table of contents in the first section
of such Act (50 U.S.C. 401 note), as amended by section 313 of this
Act, is further amended by--
(1) striking the item relating to section 109; and
(2) inserting after the item relating to section 507 the
following new items:
``Sec. 508. Annual personnel level assessment for the intelligence
community.
``Sec. 509. Semiannual reports on the nuclear weapons programs of Iran,
Syria, and North Korea.
``Sec. 510. Report on foreign language proficiency in the intelligence
community.
``Sec. 511. Government Accountability Office analyses, evaluations, and
investigations.
``Sec. 512. Certification of compliance with oversight requirements.''.
Subtitle E--Other Matters
SEC. 361. 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. 362. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION.
(a) Increase in Penalties for Disclosure of Undercover Intelligence
Officers and Agents.--
(1) Disclosure 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 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. 363. 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. 364. EXEMPTION OF DISSEMINATION OF TERRORIST IDENTITY INFORMATION
FROM FREEDOM OF INFORMATION ACT.
Section 119 of the National Security Act of 1947 (50 U.S.C. Section
404o) is amended by adding at the end the following new subsection:
``(k) Exemption of Dissemination of Terrorist Identity Information
From Freedom of Information Act.--(1) Terrorist identity information
disseminated for terrorist screening purposes or other authorized
counterterrorism purposes shall be exempt from disclosure under section
552 of title 5, United States Code.
``(2) In this section:
``(A) Authorized counterterrorism purpose.--The term
`authorized counterterrorism purpose' means disclosure to and
appropriate use by an element of the Federal Government of
terrorist identifiers of persons reasonably suspected to be
terrorists or supporters of terrorists.
``(B) Terrorist identity information.--The term `terrorist
identity information' means--
``(i) information from a database maintained by any
element of the Federal Government that would reveal
whether an individual has or has not been determined to
be a known or suspected terrorist or has or has not
been determined to be within the networks of contacts
and support of a known or suspected terrorist; and
``(ii) information related to a determination as to
whether or not an individual is or should be included
in the Terrorist Screening Database or other screening
databases based on a determination that the individual
is a known or suspected terrorist.
``(C) Terrorist identifiers.--The term `terrorist
identifiers'--
``(i) includes--
``(I) names and aliases;
``(II) dates or places of birth;
``(III) unique identifying numbers or
information;
``(IV) physical identifiers or biometrics;
and
``(V) any other identifying information
provided for watchlisting purposes; and
``(ii) does not include derogatory information or
information that would reveal or compromise
intelligence or law enforcement sources or methods.
``(D) Terrorist screening purpose.--The term `terrorist
screening purpose' means--
``(i) the collection, analysis, dissemination, and
use of terrorist identity information to determine
threats to the national security of the United States
from a terrorist or terrorism; and
``(ii) the use of such information for risk
assessment, inspection, and credentialing.''.
SEC. 365. MISUSE OF THE INTELLIGENCE COMMUNITY AND OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE NAME, INITIALS, OR
SEAL.
(a) Intelligence Community.--Title XI of the National Security Act
of 1947 (50 U.S.C. 442 et seq.) is amended by adding at the end the
following new section:
``misuse of the intelligence community name, initials, or seal
``Sec. 1103. (a) Prohibited Acts.--No person may, except with the
written permission of the Director of National Intelligence or a
designee of the Director, knowingly use the words `intelligence
community', the initials `IC', the seal of the intelligence community,
or any colorable imitation of such words, initials, or seal in
connection with any merchandise, impersonation, solicitation, or
commercial activity in a manner reasonably calculated to convey the
impression that such use is approved, endorsed, or authorized by the
Director of National Intelligence, except that employees of the
intelligence community may use the intelligence community name,
initials, and seal in accordance with regulations promulgated by the
Director of National Intelligence.
``(b) Injunction.--Whenever it appears to the Attorney General that
any person is engaged or is about to engage in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a),
the Attorney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice. Such court
shall proceed as soon as practicable to the hearing and determination
of such action and may, at any time before final determination, enter
such restraining orders or prohibitions, or take such other action as
is warranted, to prevent injury to the United States or to any person
or class of persons for whose protection the action is brought.''.
(b) Office of the Director of National Intelligence.--Title XI of
the National Security Act of 1947 (50 U.S.C. 442 et seq.), as amended
by subsection (a) of this section, is further amended by adding at the
end the following new section:
``misuse of the office of the director of national intelligence name,
initials, or seal
``Sec. 1104. (a) Prohibited Acts.--No person may, except with the
written permission of the Director of National Intelligence or a
designee of the Director, knowingly use the words `Office of the
Director of National Intelligence', the initials `ODNI', the seal of
the Office of the Director of National Intelligence, or any colorable
imitation of such words, initials, or seal in connection with any
merchandise, impersonation, solicitation, or commercial activity in a
manner reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the Director of National
Intelligence.
``(b) Injunction.--Whenever it appears to the Attorney General that
any person is engaged or is about to engage in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a),
the Attorney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice. Such court
shall proceed as soon as practicable to the hearing and determination
of such action and may, at any time before final determination, enter
such restraining orders or prohibitions, or take such other action as
is warranted, to prevent injury to the United States or to any person
or class of persons for whose protection the action is brought.''.
(c) Conforming Amendment.--The table of contents in the first
section of such Act (50 U.S.C. 401 note), as amended by section 357 of
this Act, is further amended by adding at the end the following new
items:
``Sec. 1103. Misuse of the intelligence community name, initials, or
seal.
``Sec. 1104. Misuse of the Office of the Director of National
Intelligence name, initials, or seal.''.
SEC. 366. SECURITY CLEARANCES: REPORTS; OMBUDSMAN; RECIPROCITY.
(a) Reports Relating to Security Clearances.--
(1) Quadrennial audit; security clearance determinations.--
(A) In general.--Title V of the National Security
Act of 1947 (50 U.S.C. 413 et seq.), as amended by
section 336 of this Act, is further amended by adding
at the end the following new section:
``reports on security clearances
``Sec. 513. (a) Quadrennial Audit of Position Requirements.--(1)
The President shall every 4 years conduct an audit of how the executive
branch determines whether a security clearance is required for a
particular position in the Federal Government.
``(2) Not later than 30 days after the completion of an audit
conducted under paragraph (1), the President shall submit to Congress
the results of such audit.
``(b) Report on Security Clearance Determinations.--(1) Not later
than February 1 of each year, the President shall submit to Congress a
report on the security clearance process. Such report shall include,
for each security clearance level--
``(A) the number of Federal Government employees who--
``(i) held a security clearance at such level as of
October 1 of the preceding year; and
``(ii) were approved for a security clearance at
such level during the preceding fiscal year;
``(B) the number of contractors to the Federal Government
who--
``(i) held a security clearance at such level as of
October 1 of the preceding year; and
``(ii) were approved for a security clearance at
such level during the preceding fiscal year; and
``(C) for each element of the intelligence community--
``(i) the amount of time it took to process the
fastest 80 percent of security clearance determinations
for such level;
``(ii) the amount of time it took to process the
fastest 90 percent of security clearance determinations
for such level;
``(iii) the number of open security clearance
investigations for such level that have remained open
for--
``(I) 4 months or less;
``(II) between 4 months and 8 months;
``(III) between 8 months and 12 months; and
``(IV) more than a year;
``(iv) the percentage of reviews during the
preceding fiscal year that resulted in a denial or
revocation of a security clearance;
``(v) the percentage of investigations during the
preceding fiscal year that resulted in incomplete
information;
``(vi) the percentage of investigations during the
preceding fiscal year that did not result in enough
information to make a decision on potentially adverse
information; and
``(vii) for security clearance determinations
completed or ongoing during the preceding fiscal year
that have taken longer than 1 year to complete--
``(I) the number of security clearance
determinations for positions as employees of
the Federal Government that required more than
1 year to complete;
``(II) the number of security clearance
determinations for contractors that required
more than 1 year to complete;
``(III) the agencies that investigated and
adjudicated such determinations; and
``(IV) the cause of significant delays in
such determinations.
``(2) For purposes of paragraph (1), the Director of National
Intelligence may consider--
``(A) security clearances at the level of confidential and
secret as one security clearance level; and
``(B) security clearances at the level of top secret or
higher as one security clearance level.''.
(B) Initial audit.--The first audit required to be
conducted under section 513(a)(1) of the National
Security Act of 1947 (as added by paragraph (1)) shall
be completed not later than February 1, 2010.
(C) Clerical amendment.--The table of contents in
the first section of such Act (50 U.S.C. 401 note), as
amended by section 365 of this Act, is further amended
by inserting after the item relating to section 512 the
following new item:
``Sec. 513. Reports on security clearances.''.
(2) Report on metrics for adjudication quality.--Not later
than 180 days after the date of enactment of this Act, the
President shall submit to Congress a report on security
clearance investigations and adjudications. Such report shall
include--
(A) Federal Government wide adjudication guidelines
and metrics for adjudication quality;
(B) a plan to improve the professional development
of security clearance adjudicators;
(C) metrics to evaluate the effectiveness of
interagency clearance reciprocity;
(D) Federal Government wide investigation standards
and metrics for investigation quality; and
(E) the feasibility, counterintelligence risk, and
cost effectiveness of--
(i) by not later than January 1, 2012,
requiring the investigation and adjudication of
security clearances to be conducted by not more
than two Federal agencies; and
(ii) by not later than January 1, 2015,
requiring the investigation and adjudication of
security clearances to be conducted by not more
than one Federal agency.
(b) Ombudsman for Intelligence Community Security Clearances.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 303 of this
Act, is further amended by inserting after section 103G the
following new section:
``ombudsman for intelligence community security clearances
``Sec. 103H. (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.''.
(2) Appointment date.--The Director of National
Intelligence shall appoint an ombudsman for intelligence
community security clearances under section 103H(a) of the
National Security Act of 1947, as added by paragraph (1), not
later than 120 days after the date of the enactment of this
Act.
(3) Conforming amendment.--The table of contents in the
first section of such Act (50 U.S.C. 401 note), as amended by
subsection (a)(1)(C) of this section, is further amended by
inserting after the item relating to section 103G the following
new item:
``Sec. 103H. Ombudsman for intelligence community security
clearances.''.
(c) Security Clearance Reciprocity.--
(1) Audit.--The Inspector General of the Intelligence
Community shall conduct an audit of the reciprocity of security
clearances in the intelligence community.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report containing the results of the
audit conducted under paragraph (1). Such report shall include
an assessment of the time required to obtain a reciprocal
security clearance for--
(A) an employee of an element of the intelligence
community detailed to another element of the
intelligence community;
(B) an employee of an element of the intelligence
community seeking permanent employment with another
element of the intelligence community; and
(C) a contractor seeking permanent employment with
an element of the intelligence community.
(d) Education on Combat-related Injuries.--Section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
435b) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Education on Combat-related Injuries.--
``(1) In general.--The head of the entity selected pursuant
to subsection (b) shall take such actions as such head
considers necessary to educate each authorized adjudicative
agency that is an element of the intelligence community on the
nature of combat-related injuries as they relate to
determinations of eligibility for access to classified
information for veterans who were deployed in support of a
contingency operation.
``(2) Definitions.--In this subsection:
``(A) Contingency operation.--The term `contingency
operation' has the meaning given the term in section
101(a)(13) of title 10, United States Code.
``(B) Intelligence community.--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)).
``(C) Veteran.--The term `veteran' has the meaning
given the term in section 101(2) of title 38, United
States Code.''.
SEC. 367. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) In General.--The Director of National Intelligence may not use
any of the amounts authorized to be appropriated in this Act for fiscal
year 2010 or any subsequent fiscal year to release or transfer any
individual described in subsection (d) to the United States, its
territories, or possessions, until 120 days after the President has
submitted to Congress the plan described in subsection (b).
(b) Plan Required.--The President shall submit to Congress a plan
on the disposition of each individual described in subsection (d). Such
plan shall include--
(1) an assessment of the risk that the individual described
in subsection (d) poses to the national security of the United
States, its territories, or possessions;
(2) a proposal for the disposition for each such
individual;
(3) a plan to mitigate any risks described in paragraph (1)
should the proposed disposition required by paragraph (2)
include the release or transfer to the United States, its
territories, or possessions of any such individual; and
(4) a summary of the consultation required in subsection
(c).
(c) Consultation Required.--The President shall consult with the
chief executive of the State, the District of Columbia, or the
territory or possession of the United States to which the disposition
in subsection (b) includes a release or transfer to that State,
District of Columbia, or territory or possession.
(d) Detainees Described.--An individual described in this
subsection is any individual who is located at United States Naval
Station, Guantanamo Bay, Cuba, as of the date of the enactment of this
Act, who--
(1) is not a citizen of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
SEC. 368. INTELLIGENCE COMMUNITY FINANCIAL IMPROVEMENT AND AUDIT
READINESS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is imperative that intelligence community-wide
auditability be achieved as soon as possible;
(2) the Business Transformation Office of the Office of the
Director of National Intelligence has made substantial progress
and must be of sufficient standing within the Office of the
Director of National Intelligence to move the plan for core
financial system requirements to reach intelligence community-
wide auditability forward;
(3) as of the date of the enactment of this Act, the
National Reconnaissance Office is the only element of the
intelligence community to have received a clean audit; and
(4) the National Reconnaissance Office should be commended
for the long hours and hard work invested by the Office to
achieve a clean audit.
(b) Review; Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) conduct a review of the status of the auditability
compliance of each element of the intelligence community; and
(2) develop a plan and timeline to achieve a full,
unqualified audit of each element of the intelligence community
not later than September 30, 2013.
SEC. 369. SENSE OF CONGRESS ON MONITORING OF NORTHERN BORDER OF THE
UNITED STATES.
(a) Finding.--Congress finds that suspected terrorists have
attempted to enter the United States through the international land and
maritime border of the United States and Canada.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the intelligence community should devote sufficient
resources, including technological and human resources, to
identifying and thwarting potential threats at the
international land and maritime border of the United States and
Canada; and
(2) the intelligence community should work closely with the
Government of Canada to identify and apprehend suspected
terrorists before such terrorists enter the United States.
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 of the National Security Act of 1947 (50 U.S.C. 403-3),
as amended by section 302(1) of this Act, is further amended--
(1) in subsection (f) (as so redesignated)--
(A) in the heading, by striking ``With'' and
inserting ``of Headquarters With Headquarters of'';
(B) by striking ``Commencing as of October 1, 2008,
the'' and inserting ``(1) Except as provided in
paragraph (2), the'';
(C) in paragraph (1), as designated by paragraph
(2) of this section, by inserting ``the headquarters
of'' before ``the Office'';
(D) in paragraph (1) (as so designated), by
striking ``any other element'' and inserting ``the
headquarters of any other element''; and
(E) by adding at the end the following new
paragraph:
``(2) The President may waive the limitation in paragraph (1) if
the President determines that--
``(A) a waiver is in the interests of national security; or
``(B) the costs of a headquarters of the Office of the
Director of National Intelligence that is separate from the
headquarters of the other elements of the intelligence
community outweighs the potential benefits of the
separation.''; and
(2) by adding at the end the following new subsection:
``(g) Location of the Office of the Director of National
Intelligence.--The headquarters of the Office of the Director of
National Intelligence may be located in the Washington metropolitan
region (as defined in section 8301 of title 40, United States Code).''.
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, or the
Director's designee.''.
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'' and
inserting ``;''; and
(C) by inserting after paragraph (4) the following
new paragraphs:
``(5) assist the Director of National Intelligence 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. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA CENTER ENERGY
EFFICIENCY REPORTS.
(a) Plan.--The Director of National Intelligence shall develop a
plan to implement the recommendations of the report submitted to
Congress under section 1 of the Act entitled ``An Act to study and
promote the use of energy efficient computer servers in the United
States'' (Public Law 109-431; 120 Stat. 2920) across the intelligence
community.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report containing the plan developed under
subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 405. 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) in the matter preceding paragraph
(1), 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. 406. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 366 of this
Act, is further amended by inserting after section 103H (as
added by such section 366) the following new section:
``inspector general of the intelligence community
``Sec. 103I. (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) be an independent and objective office appropriately
accountable to Congress and to initiate and conduct
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 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) 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;
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing; and
``(D) on the basis of expertise in investigations.
``(3) The Inspector General shall report directly to the Director
of National Intelligence.
``(4) The Inspector General may be removed from office only by the
President. The President shall communicate in writing to the
congressional intelligence committees the reasons for the removal of
any individual from the position of Inspector General not later than 30
days before the date on which the Inspector General is removed from
office. Nothing in this paragraph shall prohibit a personnel action
with respect to the Inspector General otherwise authorized by law,
other than transfer or removal.
``(d) Duties and Responsibilities.--Subject to subsections (g) and
(h), the Inspector General of the Intelligence Community shall--
``(1) provide policy direction for, and 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) keep the Director of National Intelligence and
Congress 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 report the progress made in implementing
corrective action;
``(3) 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, comply with generally accepted Federal
Government auditing standards.
``(e) Limitations on Activities.--(1)(A) Subject to subparagraph
(B), 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.
``(B) The Director of National Intelligence may not prohibit an
investigation, inspection, or audit under subparagraph (A) solely on
the basis of the level of classification or compartmentation of
information that the Inspector General may seek access to while
conducting such investigation, inspection, or audit.
``(2) If the Director exercises the authority under paragraph (1),
the Director shall submit to the congressional intelligence committees
an appropriately classified statement of the reasons for the exercise
of such authority within 7 days.
``(3) The Director shall notify 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 shall 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 Director or, on the recommendation of the Director,
another appropriate official of the intelligence community, shall take
appropriate administrative action against an employee, or employee of a
contractor, of an element of the intelligence community that fails to
cooperate with the Inspector General. Such administrative action may
include loss of employment or termination of an existing contractual
relationship.
``(3) The Inspector General shall, in accordance with subsection
(g), receive and investigate complaints or information from any person
concerning the existence of an activity within the authorities and
responsibilities of the Director of National Intelligence constituting
a violation of laws, rules, or regulations, or mismanagement, gross
waste of funds, abuse of authority, or a substantial and specific
danger to the public health and safety. Once such complaint or
information has been received from an employee of the 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, 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 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 may 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 element of the intelligence community, including the
Office of the Director of National Intelligence.
``(D) In the case of contumacy or refusal to obey a subpoena issued
under this paragraph, the subpoena shall be enforceable by order of any
appropriate district court of the United States.
``(6) The Inspector General may obtain services as authorized under
section 3109 of title 5, United States Code, at rates for individuals
not to exceed the daily equivalent of the maximum annual rate of basic
pay payable for grade GS-15 of the General Schedule under section 5332
of title 5, United States Code.
``(7) The Inspector may, to the extent and in such amounts as may
be provided in advance by appropriations Acts, enter into contracts and
other arrangements for audits, studies, analyses, and other services
with public agencies and with private persons, and to make such
payments as may be necessary to carry out the provisions of this
section.
``(g) Coordination Among the Inspectors General of the Intelligence
Community.--(1)(A) If a matter within the jurisdiction of the Inspector
General of the Intelligence Community that may be subject to an
investigation, inspection, review, or audit by both the Inspector
General of the Intelligence Community and an inspector general with
oversight responsibility for an element of the intelligence community,
the Inspector General of the Intelligence Community and such other
inspector general shall expeditiously resolve the question of which
inspector general shall conduct such investigation, inspection, review,
or audit to avoid unnecessary duplication of the activities of the
inspectors general.
``(B) In attempting to resolve a question under subparagraph (A),
the inspectors general concerned may request the assistance of the
Intelligence Community Inspectors General Forum established under
subparagraph (C). If a dispute between an inspector general within an
agency or department of the United States Government and the Inspector
General of the Intelligence Community 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
affected 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 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, review, or audit referred to in paragraph (1) shall submit
the results of such investigation, inspection, review, or audit to any
other inspector general, including the Inspector General of the
Intelligence Community, with jurisdiction to conduct such
investigation, inspection, review, or audit who did not conduct such
investigation, inspection, review, or audit.
``(h) Staff and Other Support.--(1) The Director of National
Intelligence shall provide the Inspector General of the Intelligence
Community with appropriate and adequate office space at central and
field office locations and with such equipment, office supplies,
maintenance services, and communications facilities and services as may
be necessary for the operation of such offices.
``(2)(A) The Inspector General shall select, appoint, and employ
such officers and employees as may be necessary to carry out the
functions, powers, and duties of the Inspector General. The Inspector
General shall ensure that any officer or employee selected, appointed,
or employed has a security clearance 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 recommend policies to the Director of National
Intelligence to create within 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) The Inspector General may, in consultation with the
Director, 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 furnish to the Inspector General, or to an
authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community may, upon
reasonable notice to the head of any element of the intelligence
community and in coordination with the inspector general of that
element pursuant to subsection (g), conduct an inspection, review, 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) Not later than January 31 and July 31 of
each year, the Inspector General of the Intelligence Community shall
prepare and submit to the Director of National Intelligence a report
summarizing the activities of the Office of the Inspector General of
the Intelligence Community during the preceding six-month period. 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 the following:
``(i) A list of the titles or subjects of each
investigation, inspection, review, 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
disciplinary action made by the Inspector General during the
period covered by such report with respect to significant
problems, abuses, or deficiencies described in clause (ii).
``(iv) A statement of 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 of whether or not the Inspector
General has had full and direct access to all information
relevant to the performance of the functions of the Inspector
General.
``(vi) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
``(vii) Any recommendations that 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 30 days after the date of receipt of a report
under subparagraph (A), the Director shall submit the report to the
congressional intelligence committees together with any comments the
Director considers appropriate.
``(D) Each report submitted under subparagraphs (A) and (C) shall
be submitted in unclassified form, but may include a classified annex.
``(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 submit to the congressional intelligence
committees each report under subparagraph (A) within 7 days of the
receipt of such report, together with such comments as the Director
considers appropriate. The Director shall submit to the committees of
the Senate and of the House of Representatives with jurisdiction over a
department of the United States Government any portion of each report
under subparagraph (A) that involves a problem, abuse, or deficiency
related to a component of such department simultaneously with
transmission of the report to the congressional intelligence
committees.
``(3) The Inspector General shall immediately notify and submit a
report to the congressional intelligence committees on an
investigation, inspection, review, or audit if--
``(A) the Inspector General is unable to resolve any
significant differences with the Director affecting the
execution of the duties or responsibilities of the Inspector
General;
``(B) the investigation, inspection, review, 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 such investigation, inspection,
review, or audit.
``(4)(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 of 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-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 submit to the Director a
notice of that determination, together with the complaint or
information.
``(C) Upon receipt of a submittal from the Inspector General under
subparagraph (B), the Director shall, not later than 7 days after 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 submit the complaint or information to
the Director in accurate form under subparagraph (B), the employee
(subject to clause (ii)) may submit the complaint or information to
Congress by contacting either or both of the congressional intelligence
committees directly.
``(ii) An employee may contact the congressional intelligence
committees directly as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the intelligence
committees in accordance with appropriate security practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or information under
clause (ii) 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) Nothing in this paragraph shall be construed to limit the
protections afforded an employee of or contractor to the Central
Intelligence Agency under section 17(e)(3) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403q(e)(3)).
``(H) 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.
``(5) 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 affect the
duties and responsibilities of any other inspector general 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 (50 U.S.C. 401
note), as amended by section 366 of this Act, is further
amended by inserting after the item relating to section 103H
the following new item:
``Sec. 103I. 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 III.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following new item:
``Inspector General of the Intelligence Community.''.
(d) Applicability Date; Transition.--
(1) Applicability.--The amendment made by subsection (b)
shall apply on the earlier of--
(A) the date of the appointment by the President
and confirmation by the Senate of an individual to
serve as Inspector General of the Intelligence
Community; or
(B) the date of the cessation of the performance of
the duties of the Inspector General of the Intelligence
Community by the individual serving as the Inspector
General of the Office of the Director of National
Intelligence as of the date of the enactment of this
Act.
(2) Transition.--The individual serving as the Inspector
General of the Office of the Director of National Intelligence
as of the date of the enactment of this Act shall perform the
duties of the Inspector General of the Intelligence Community
until the individual appointed to the position of Inspector
General of the Intelligence Community assumes the duties of
such position.
SEC. 407. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR REVIEWS OF
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS AND EXPORT
ADMINISTRATION REGULATIONS.
The Director of National Intelligence may provide support for any
review conducted by a department or agency of the Federal Government of
the International Traffic in Arms Regulations or Export Administration
Regulations, including a review of technologies and goods on the United
States Munitions List and Commerce Control List that may warrant
controls that are different or additional to the controls such
technologies and goods are subject to at the time of such review.
Subtitle B--Central Intelligence Agency
SEC. 411. REVIEW OF COVERT ACTION PROGRAMS BY INSPECTOR GENERAL OF THE
CENTRAL INTELLIGENCE AGENCY.
Section 17 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q) is amended--
(1) in subsection (b)(4)--
(A) by striking ``(4) If'' and inserting ``(4)(A)
If''; and
(B) by adding at the end the following new
subparagraph:
``(B) The Director may waive the requirement to submit the
statement required under subparagraph (A) within seven days of
prohibiting an audit, inspection, or investigation under paragraph (3)
if such audit, inspection, or investigation is related to a covert
action program. If the Director waives such requirement in accordance
with this subparagraph, the Director shall submit the statement
required under subparagraph (A) as soon as practicable, along with an
explanation of the reasons for delaying the submission of such
statement.'';
(2) in subsection (d)(1)--
(A) by redesignating subparagraphs (E) and (F) as
subsections (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the
following new subparagraph:
``(E) a list of the covert actions for which the Inspector
General has not completed an audit within the preceding three-
year period;''; and
(3) by adding at the end the following new subsection:
``(h) Covert Action Defined.--In this section, the term `covert
action' has the meaning given the term in section 503(e) of the
National Security Act of 1947 (50 U.S.C. 413b(e)).''.
SEC. 412. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR
INTERROGATIONS INVOLVING PERSONS IN THE CUSTODY OF THE
CENTRAL INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended by adding at the end the following new section:
``prohibition on the use of private contractors for interrogations
involving persons in the custody of the central intelligence agency
``Sec. 24. (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 the custody 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. 413. APPEALS FROM DECISIONS OF CENTRAL INTELLIGENCE AGENCY
CONTRACTING OFFICERS.
Section 8(d) of the Contract Disputes Act of 1978 (41 U.S.C.
607(d)) is amended by inserting before the sentence beginning with ``In
exercising'' the following new sentence: ``Notwithstanding any other
provision of law, an appeal from a decision of a contracting officer of
the Central Intelligence Agency relative to a contract made by that
agency may be filed with whichever of the Armed Services Board or the
Civilian Board is specified by the contracting officer as the Board to
which such an appeal may be made and the Board so specified shall have
jurisdiction to decide that appeal.''.
SEC. 414. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment and Duties of Deputy Director of CIA.--Title I of
the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by
inserting after section 104A the following new section:
``deputy director of the central intelligence agency
``Sec. 104B. (a) Deputy Director of Central Intelligence Agency.--
There is a Deputy Director of the Central Intelligence Agency who shall
be appointed by the President.
``(b) Duties.--The Deputy Director of the Central Intelligence
Agency shall--
``(1) assist the Director of the Central Intelligence
Agency in carrying out the duties and responsibilities of the
Director of the Central Intelligence Agency; and
``(2) during the absence or disability of the Director of
the Central Intelligence Agency, or during a vacancy in the
position of Director of the Central Intelligence Agency, act
for and exercise the powers of the Director of the Central
Intelligence Agency.''.
(b) Conforming Amendments.--
(1) Executive schedule iii.--Section 5314 of title 5,
United States Code, is amended by striking ``Deputy Directors
of Central Intelligence (2)'' and inserting ``Deputy Director
of the Central Intelligence Agency''.
(2) Table of contents.--The table of contents in the first
section of the National Security Act of 1947 (50 U.S.C. 401
note) is amended by inserting after the item relating to
section 104A the following new item:
``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.
(c) Applicability.--The amendments made by this section shall apply
on the earlier of--
(1) the date of the appointment by the President of an
individual to serve as Deputy Director of the Central
Intelligence Agency, except that the individual
administratively performing the duties of the Deputy Director
of the Central Intelligence Agency as of the date of the
enactment of this Act may continue to perform such duties until
the individual appointed to the position of Deputy Director of
the Central Intelligence Agency assumes the duties of such
position; or
(2) the date of the cessation of the performance of the
duties of the Deputy Director of the Central Intelligence
Agency by the individual administratively performing such
duties as of the date of the enactment of this Act.
SEC. 415. PROTECTION AGAINST REPRISALS.
Section 17(e)(3)(B) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(e)(3)(B)) is amended by inserting ``or providing such
information'' after ``making such complaint''.
SEC. 416. REQUIREMENT FOR VIDEO RECORDING OF INTERROGATIONS OF PERSONS
IN THE CUSTODY OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 403a et seq.), as amended by section 412 of this Act, is further
amended by adding at the end the following new section:
``requirement for video recording of interrogations of persons in the
custody of the central intelligence agency
``Sec. 25. (a) In General.--Except as provided in subsection (b),
the Director of the Central Intelligence Agency shall establish
guidelines to ensure that each interrogation of a person who is in the
custody of the Central Intelligence Agency is recorded in video form
and that the video recording of such interrogation is maintained--
``(1) for not less than 10 years from the date on which
such recording is made; and
``(2) until such time as such recording is no longer
relevant to an ongoing or anticipated legal proceeding or
investigation or required to be maintained under any other
provision of law.
``(b) Exception.--The requirement to record an interrogation in
video form under subsection (a) shall not apply with respect to an
interrogation incident to arrest conducted by Agency personnel
designated by the Director under section 15(a) that are assigned to the
headquarters of the Central Intelligence Agency and acting in the
official capacity of such personnel.
``(c) Interrogation Defined.--In this section, the term
`interrogation' means the systematic process of attempting to obtain
information from an uncooperative detainee.''.
(b) Submission of Guidelines.--Not later than 90 days after the
date of the enactment of this Act, the Director of the Central
Intelligence Agency shall submit to the congressional intelligence
committees the guidelines developed under section 25(a) of the Central
Intelligence Agency Act of 1949, as added by subsection (a) of this
section. Such guidelines shall be submitted in unclassified form, but
may contain a classified annex.
Subtitle C--Other Elements
SEC. 421. HOMELAND SECURITY INTELLIGENCE ELEMENTS.
Section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) is amended--
(1) in subparagraph (H), by inserting ``the Coast Guard,''
after ``the Marine Corps,''; and
(2) in subparagraph (K), by striking ``The elements'' and
all that follows through ``the Coast Guard'' and inserting
``The Office of Intelligence and Analysis of the Department of
Homeland Security''.
SEC. 422. CLARIFICATION OF INCLUSION OF DRUG ENFORCEMENT ADMINISTRATION
AS AN ELEMENT OF THE INTELLIGENCE COMMUNITY.
Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C.
401a(4)(H)), as amended by section 421 of this Act, is further amended
by inserting ``the Drug Enforcement Administration,'' after ``the
Federal Bureau of Investigation,''.
SEC. 423. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF THE
NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Repeal of Certain Authorities.--Section 904 of the
Counterintelligence Enhancement Act of 2002 (title IX of Public Law
107-306; 50 U.S.C. 402c) is amended--
(1) by striking subsections (d), (h), (i), and (j);
(2) by redesignating subsections (e), (f), (g), (k), (l),
and (m) as subsections (d), (e), (f), (g), (h), and (i),
respectively; and
(3) in subsection (f), as redesignated by paragraph (2) of
this subsection, 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--
(A) in paragraph (1), by striking ``subsection
(f)'' and inserting ``subsection (e)''; and
(B) in paragraph (2), by striking ``subsection
(f)'' 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. 424. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN COMPONENTS OF
THE INTELLIGENCE COMMUNITY.
(a) Director of National Security Agency.--The National Security
Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting after
the first section the following new section:
``Sec. 2. (a) There is a Director of the National Security Agency.
``(b) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(c) The Director of the National Security Agency shall be the
head of the National Security Agency and shall discharge such functions
and duties as are provided by this Act or otherwise by law.''.
(b) Director of National Reconnaissance Office.--The Director of
the National Reconnaissance Office shall be appointed by the President,
by and with the advice and consent of the Senate.
(c) Conforming Amendment.--Section 106(b)(2) of the National
Security Act of 1947 (50 U.S.C. 403-6(b)(2)) is amended--
(1) by striking subparagraphs (A) and (B);
(2) by redesignating subparagraphs (C) through (I) as
subparagraphs (A) through (G), respectively; and
(3) by moving subparagraph (G), as redesignated by
paragraph (2) of this subsection, 2 ems to the left.
(d) Effective Date and Applicability.--The amendment made by
subsection (a) and the provisions of subsection (b) shall apply upon
the earlier of--
(1) the date of the nomination by the President of an
individual to serve in the position concerned, except that the
individual serving in such position as of the date of the
enactment of this Act may continue to perform such duties after
such date of nomination and until the individual appointed to
such position, by and with the advice and consent of the
Senate, assumes the duties of such position; or
(2) the date of the cessation of the performance of the
duties of such position by the individual performing such
duties as of the date of the enactment of this Act.
SEC. 425. ASSOCIATE DIRECTOR OF THE NATIONAL SECURITY AGENCY FOR
COMPLIANCE AND TRAINING.
The National Security Agency Act of 1959 (50 U.S.C. 402 note), as
amended by section 424 of this Act, is further amended by inserting
after section 2 (as added by such section 424) the following new
section:
``Sec. 3. (a) There is an Associate Director of the National
Security Agency for Compliance and Training, who shall be appointed by
the Director of the National Security Agency.
``(b) The Associate Director of the National Security Agency for
Compliance and Training shall ensure that--
``(1) all programs and activities of the National Security
Agency are conducted in a manner consistent with all applicable
laws, regulations, and policies; and
``(2) the training of relevant personnel is sufficient to
ensure that such programs and activities are conducted in such
a manner.''.
SEC. 426. CHARTER FOR THE NATIONAL RECONNAISSANCE OFFICE.
Not later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence and the Secretary of Defense
shall jointly submit to the congressional intelligence committees and
the congressional defense committees (as defined in section 101(a)(16)
of title 10, United States Code) a revised charter for the National
Reconnaissance Office (in this section referred to as the ``NRO''). The
charter shall include the following:
(1) The organizational and governance structure of the NRO.
(2) NRO participation in the development and generation of
requirements and acquisition.
(3) The scope of NRO capabilities.
(4) The roles and responsibilities of the NRO and the
relationship of the NRO to other elements of the intelligence
community and the defense community.
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 ``February 1, 2011''.
(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. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH MATERIALS IN THE
POSSESSION OF THE CONGRESSIONAL INTELLIGENCE COMMITTEES.
The Director of National Intelligence shall, in accordance with
procedures established by each of the congressional intelligence
committees, conduct a classification review of materials in the
possession of each of those committees that--
(1) are not less than 25 years old; and
(2) were created, or provided to that committee, by the
executive branch.
SEC. 503. PROHIBITION ON USE OF FUNDS TO PROVIDE MIRANDA WARNINGS TO
CERTAIN PERSONS OUTSIDE OF THE UNITED STATES.
None of the funds authorized to be appropriated by this Act may be
used to provide the warnings of constitutional rights described in
Miranda v. Arizona, 384 U.S. 436 (U.S. 1966), to a person located
outside of the United States who is not a United States person and is--
(1) suspected of terrorism, associated with terrorists, or
believed to have knowledge of terrorists; or
(2) a detainee in the custody of the Armed Forces of the
United States.
SEC. 504. SENSE OF CONGRESS HONORING THE CONTRIBUTIONS OF THE CENTRAL
INTELLIGENCE AGENCY.
It is the sense of Congress to--
(1) honor the Central Intelligence Agency for its
contributions to the security of the United States and its
allies;
(2) recognize the Central Intelligence Agency's unique role
in combating terrorism;
(3) praise the Central Intelligence Agency for its success
in foiling recent terrorist plots and capturing senior members
of al-Qaeda;
(4) thank the Central Intelligence Agency for its crucial
support of United States military operations in Afghanistan and
Iraq;
(5) commend the men and women who gave their lives
defending the United States in the service of the Central
Intelligence Agency, especially noting those individuals who
remain unnamed; and
(6) urge the Central Intelligence Agency to continue its
dedicated work in the field of intelligence-gathering in order
to protect the people of the United States.
SEC. 505. REVIEW OF INTELLIGENCE TO DETERMINE IF FOREIGN CONNECTION TO
ANTHRAX ATTACKS EXISTS.
(a) Review.--The Inspector General of the Intelligence Community
shall conduct a review of available intelligence, including raw and
unfinished intelligence, to determine if there is any credible evidence
of a connection between a foreign entity and the attacks on the United
States in 2001 involving anthrax.
(b) Report.--
(1) In general.--The Inspector General shall submit to the
Permanent Select Committee on Intelligence, the Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives and the Select Committee on
Intelligence, the Committee on Homeland Security and
Governmental Affairs, and the Committee on the Judiciary of the
Senate a report containing the findings of the review conducted
under subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 506. CYBERSECURITY TASK FORCE.
(a) Establishment.--There is established a cybersecurity task force
(in this section referred to as the ``Task Force'').
(b) Membership.--
(1) In general.--The Task Force shall consist of the
following members:
(A) One member appointed by the Attorney General.
(B) One member appointed by the Director of the
National Security Agency.
(C) One member appointed by the Director of
National Intelligence.
(D) One member appointed by the White House
Cybersecurity Coordinator.
(E) One member appointed by the head of any other
agency or department that is designated by the Attorney
General to appoint a member to the Task Force.
(2) Chair.--The member of the Task Force appointed pursuant
to paragraph (1)(A) shall serve as the Chair of the Task Force.
(c) Study.--The Task Force shall conduct a study of existing tools
and provisions of law used by the intelligence community and law
enforcement agencies to protect the cybersecurity of the United States.
(d) Report.--
(1) Initial.--Not later than 1 year after the date of the
enactment of this Act, the Task Force shall submit to Congress
a report containing guidelines or legislative recommendations
to improve the capabilities of the intelligence community and
law enforcement agencies to protect the cybersecurity of the
United States. Such report shall include guidelines or
legislative recommendations on--
(A) improving the ability of the intelligence
community to detect hostile actions and attribute
attacks to specific parties;
(B) the need for data retention requirements to
assist the intelligence community and law enforcement
agencies;
(C) improving the ability of the intelligence
community to anticipate nontraditional targets of
foreign intelligence services; and
(D) the adequacy of existing criminal statutes to
successfully deter cyber attacks, including statutes
criminalizing the facilitation of criminal acts, the
scope of laws for which a cyber crime constitutes a
predicate offense, trespassing statutes, data breach
notification requirements, and victim restitution
statutes.
(2) Subsequent.--Not later than 1 year after the date on
which the initial report is submitted under paragraph (1), and
annually thereafter for 2 years, the Task Force shall submit to
Congress an update of the report required under paragraph (1).
(e) Termination.--The Task Force shall terminate on the date that
is 60 days after the date on which the last update of a report required
under subsection (d)(2) is submitted.
Subtitle B--Technical Amendments
SEC. 511. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY ACT
OF 1949.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended--
(1) in section 5(a)(1), by striking ``authorized under
paragraphs (2) and (3)'' and all that follows through ``(50
U.S.C. 403(a)(2), (3), 403-3(c)(7), (d), 403-4(a), (g), and
405)'' and inserting ``authorized under section 104A of the
National Security Act of 1947 (50 U.S.C. 403-4a)''; and
(2) in section 17(d)(3)(B)--
(A) in clause (i), by striking ``advise'' and
inserting ``advice''; and
(B) in clause (ii)--
(i) in subclause (I), by striking
``Executive Director'' and inserting
``Associate Deputy Director'';
(ii) in subclause (II), by striking
``Deputy Director for Operations'' and
inserting ``Director of the National
Clandestine Service'';
(iii) in subclause (III), by striking
``Deputy Director for Intelligence'' and
inserting ``Director of Intelligence'';
(iv) in subclause (IV), by striking
``Deputy Director for Administration'' and
inserting ``Director of Support''; and
(v) in subclause (V), by striking ``Deputy
Director for Science and Technology'' and
inserting ``Director of Science and
Technology''.
SEC. 512. TECHNICAL AMENDMENT TO MANDATORY RETIREMENT PROVISION OF
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
Section 235(b)(1)(A) of the Central Intelligence Agency Retirement
Act (50 U.S.C. 2055(b)(1)(A)) is amended to read as follows:
``(A) Upon reaching age 65, in the case of a
participant in the system who is at the Senior
Intelligence Service rank of level 4 or above; and''.
SEC. 513. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by striking the item relating to the Director
of Central Intelligence and inserting the following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code is amended by striking the item relating to the General
Counsel of the Office of the National Intelligence Director and
inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 514. TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended--
(1) in section 101--
(A) in subsection (a), by moving paragraph (7) 2
ems to the right; and
(B) by moving subsections (b) through (p) 2 ems to
the right;
(2) in section 103, by redesignating subsection (i) as
subsection (h);
(3) in section 109(a)--
(A) in paragraph (1), by striking ``section 112.;''
and inserting ``section 112;''; and
(B) in paragraph (2), by striking the second
period;
(4) in section 301(1), by striking ```United States''' and
all that follows through ``and `State''' and inserting
```United States', `person', `weapon of mass destruction', and
`State''';
(5) in section 304(b), by striking ``subsection (a)(3)''
and inserting ``subsection (a)(2)''; and
(6) in section 502(a), by striking ``a annual'' and
inserting ``an annual''.
SEC. 515. TECHNICAL AMENDMENTS TO SECTION 105 OF THE INTELLIGENCE
AUTHORIZATION ACT FOR FISCAL YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is
amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
SEC. 516. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.
The Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3638) is amended--
(1) in section 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 2001 (28 U.S.C. 532 note)--
(A) in subsection (c)(1)--
(i) by striking ``shall,'' and inserting
``shall''; and
(ii) 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) in the matter preceding
paragraph (1), by striking ``shall,'' and inserting
``shall''; and
(3) 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. 517. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL
INTELLIGENCE PROGRAM.
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'';
(2) in subsection (a)--
(A) in the heading, by striking ``Foreign'';
(B) by striking ``foreign'' each place it appears;
and
(C) by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence'';
(3) in subsection (b), by striking ``The Director'' and
inserting ``The Director of National Intelligence''; and
(4) in subsection (c)--
(A) by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(B) by striking ``section 114a'' and inserting
``section 221''.
SEC. 518. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
further amended--
(1) section 3(4)(L), by striking ``other'' the second place
it appears;
(2) in section 102A--
(A) in subsection (c)(3)(A), by striking ``annual
budgets for the Joint Military Intelligence Program and
for Tactical Intelligence and Related Activities'' and
inserting ``annual budget for the Military Intelligence
Program or any successor program'';
(B) in subsection (d)--
(i) in paragraph (1)(B), by striking
``Joint Military Intelligence Program'' and
inserting ``Military Intelligence Program or
any successor program'';
(ii) in paragraph (3) in the matter
preceding subparagraph (A), by striking
``subparagraph (A)'' and inserting ``paragraph
(1)(A)''; and
(iii) in paragraph (5)--
(I) in subparagraph (A), by
striking ``or personnel'' in the matter
preceding clause (i); and
(II) in subparagraph (B), by
striking ``or agency involved'' in the
second sentence and inserting
``involved or the Director of the
Central Intelligence Agency (in the
case of the Central Intelligence
Agency)'';
(C) in subsection (l)(2)(B), by striking
``section'' and inserting ``paragraph''; and
(D) in subsection (n), by inserting ``and Other''
after ``Acquisition'';
(3) in section 103(b), by striking ``, the National
Security Act of 1947 (50 U.S.C. 401 et seq.),'';
(4) in section 104A(g)(1) in the matter preceding
subparagraph (A), by striking ``Directorate of Operations'' and
inserting ``National Clandestine Service'';
(5) in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)'';
(6) in section 701(b)(1), by striking ``Directorate of
Operations'' and inserting ``National Clandestine Service'';
(7) in section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and inserting
``responsive''; and
(8) in the table of contents in the first section--
(A) by striking the item relating to section 1002;
and
(B) by inserting after the item relating to section
1001 the following new item:
``Sec. 1002. Framework for cross-disciplinary education and
training.''.
SEC. 519. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE.
Section 528(c) of title 10, United States Code, is amended--
(1) in the heading, by striking ``Associate Director of CIA
for Military Affairs'' and inserting ``Associate Director of
Military Affairs, CIA''; and
(2) by striking ``Associate Director of the Central
Intelligence Agency for Military Affairs'' and inserting
``Associate Director of Military Affairs, Central Intelligence
Agency, or any successor position''.
Passed the House of Representatives February 26, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.