[Congressional Record Volume 156, Number 118 (Thursday, August 5, 2010)]
[Senate]
[Pages S6767-S6799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010

  Mrs. FEINSTEIN. Madam President, I ask unanimous consent the Senate 
proceed to immediate consideration of Calendar No. 467, S. 3611.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3611) 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.

  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Madam President, I ask unanimous consent the 
amendment at the desk be considered and agreed to, and the bill, as 
amended, be read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4588) was agreed to, as follows:

      (Purpose: To strike provisions enacted by the Supplemental 
           Appropriations Act, 2010 and to improve the bill)

       On page 12, strike lines 3 through 9 and insert the 
     following:

     SEC. 106. BUDGETARY PROVISIONS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
       Beginning on page 88, strike line 20 and all that follows 
     through page 89, lines 16 and insert the following:
       (1) Congressional armed services committees.--To the extent 
     that the report required by subsection (a) addresses an 
     element of the intelligence community within the Department 
     of Defense, the Director of National Intelligence, in 
     consultation with the Secretary of Defense, shall submit that 
     portion of the report, and any associated material that is 
     necessary to make that portion understandable, to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives. The 
     Director of National Intelligence may authorize redactions of 
     the report and any associated materials submitted pursuant to 
     this paragraph, if such redactions are consistent with the 
     protection of sensitive intelligence sources and methods.
       (2) Congressional judiciary committees.--To the extent that 
     the report required by subsection (a) addresses an element of 
     the intelligence community within the Department of Justice, 
     the Director of National Intelligence, in consultation with 
     the Attorney General, shall submit that portion of the 
     report, and any associated material that is necessary to make 
     that portion understandable, to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives. The Director of National 
     Intelligence may authorize redactions of the report and any 
     associated materials submitted pursuant to this paragraph, if 
     such redactions are consistent with the protection of 
     sensitive intelligence sources and methods.
       Beginning on page 89, strike line 17 and all that follows 
     through page 91, line 6.
       Beginning on page 91, strike line 10 and all that follows 
     through page 92, line 15.
       On page 214, line 16, strike ``committees'' and insert 
     ``committees, the Committee on the Judiciary of the Senate, 
     and the Committee on the Judiciary of the House of 
     Representatives''.

  The bill (S. 3611), as amended, was ordered to be engrossed for a 
third reading and was read the third time.
  Mrs. FEINSTEIN. I now ask the pay-go letter from the Budget Committee 
be read, that upon its reading the bill, as amended, be passed, and the 
motion to reconsider be laid upon the table, with any statements 
relating thereto printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The legislative clerk read as follows:
  Mr. CONRAD. This is the Statement of Budgetary Effects of PAYGO 
Legislation for S. 3611.

       Total Budgetary Effects of S. 3611 for the 5-year Statutory 
     PAYGO Scorecard: $0.
       Total Budgetary Effects of S. 3611 for the 10-year 
     Statutory PAYGO Scorecard: $0.

  Also submitted for the Record as part of this statement is a table 
prepared by the Congressional Budget Office, which provides additional 
information on the budgetary effects of this Act.
  The table is as follows:

 CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3611, THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010, AS REPORTED BY THE SENATE SELECT COMMITTEE
                                                            ON INTELLIGENCE ON JULY 19, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         By fiscal year, in millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2010     2011     2012     2013     2014     2015     2016     2017     2018     2019     2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Net Increase or Decrease (-) in the Deficit
 
Statutory Pay-As-You-Go Impact         0        0        0        0        0        0        0        0        0        0        0         0         0
 a.............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
a The legislation would 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.

  The bill (S. 3611), as amended, was passed, as follows:

                                S. 3611

       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. Restriction on conduct of intelligence activities.
Sec. 106. Budgetary provisions.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of 
              the Central Intelligence Agency Retirement Act.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                     Subtitle A--Personnel Matters

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements 
              of the intelligence community.
Sec. 303. Pay authority for critical positions.
Sec. 304. Award of rank to members of the Senior National Intelligence 
              Service.
Sec. 305. Annual personnel level assessments for the intelligence 
              community.
Sec. 306. Temporary personnel authorizations for critical language 
              training.
Sec. 307. Conflict of interest regulations for intelligence community 
              employees.

                     Subtitle B--Education Programs

Sec. 311. Permanent authorization for the Pat Roberts Intelligence 
              Scholars Program.
Sec. 312. Modifications to the Louis Stokes Educational Scholarship 
              Program.
Sec. 313. Intelligence officer training program.
Sec. 314. Pilot program for intensive language instruction in African 
              languages.

                    Subtitle C--Acquisition Matters

Sec. 321. Vulnerability assessments of major systems.

[[Page S6768]]

Sec. 322. Intelligence community business system transformation.
Sec. 323. Reports on the acquisition of major systems.
Sec. 324. Critical cost growth in major systems.
Sec. 325. Future budget projections.
Sec. 326. National Intelligence Program funded acquisitions.

        Subtitle D--Congressional Oversight, Plans, and Reports

Sec. 331. Notification procedures.
Sec. 332. Certification of compliance with oversight requirements.
Sec. 333. Report on detention and interrogation activities.
Sec. 334. Summary of intelligence relating to terrorist recidivism of 
              detainees held at United States Naval Station, Guantanamo 
              Bay, Cuba.
Sec. 335. Report and strategic plan on biological weapons.
Sec. 336. Cybersecurity oversight.
Sec. 337. Report on foreign language proficiency in the intelligence 
              community.
Sec. 338. Report on plans to increase diversity within the intelligence 
              community.
Sec. 339. Report on intelligence community contractors.
Sec. 340. Study on electronic waste destruction practices of the 
              intelligence community.
Sec. 341. Review of records relating to potential health risks among 
              Desert Storm veterans.
Sec. 342. Review of Federal Bureau of Investigation exercise of 
              enforcement jurisdiction in foreign nations.
Sec. 343. Public release of information on procedures used in narcotics 
              airbridge denial program in Peru.
Sec. 344. Report on threat from dirty bombs.
Sec. 345. Report on creation of space intelligence office.
Sec. 346. Report on attempt to detonate explosive device on Northwest 
              Airlines flight 253.
Sec. 347. Repeal or modification of certain reporting requirements.
Sec. 348. Incorporation of reporting requirements.
Sec. 349. Conforming amendments for report submission dates.

                       Subtitle E--Other Matters

Sec. 361. Extension of authority to delete information about receipt 
              and disposition of foreign gifts and decorations.
Sec. 362. Modification of availability of funds for different 
              intelligence activities.
Sec. 363. Protection of certain national security information.
Sec. 364. National Intelligence Program budget.
Sec. 365. Improving the review authority of the Public Interest 
              Declassification Board.
Sec. 366. Authority to designate undercover operations to collect 
              foreign intelligence or counterintelligence.
Sec. 367. Security clearances: reports; reciprocity.
Sec. 368. Correcting long-standing material weaknesses.
Sec. 369. Intelligence community financial improvement and audit 
              readiness.

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

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Accountability reviews by the Director of National 
              Intelligence.
Sec. 402. Authorities for intelligence information sharing.
Sec. 403. Location of the Office of the Director of National 
              Intelligence.
Sec. 404. Title and appointment of Chief Information Officer of the 
              Intelligence Community.
Sec. 405. Inspector General of the Intelligence Community.
Sec. 406. Chief Financial Officer of the Intelligence Community.
Sec. 407. Leadership and location of certain offices and officials.
Sec. 408. Protection of certain files of the Office of the Director of 
              National Intelligence.
Sec. 409. Counterintelligence initiatives for the intelligence 
              community.
Sec. 410. Inapplicability of Federal Advisory Committee Act to advisory 
              committees of the Office of the Director of National 
              Intelligence.
Sec. 411. Membership of the Director of National Intelligence on the 
              Transportation Security Oversight Board.
Sec. 412. Repeal of certain authorities relating to the Office of the 
              National Counterintelligence Executive.
Sec. 413. Misuse of the Office of the Director of National Intelligence 
              name, initials, or seal.
Sec. 414. Plan to implement recommendations of the data center energy 
              efficiency reports.
Sec. 415. Director of National Intelligence support for reviews of 
              International Traffic in Arms Regulations and Export 
              Administration Regulations.

                Subtitle B--Central Intelligence Agency

Sec. 421. Additional functions and authorities for protective personnel 
              of the Central Intelligence Agency.
Sec. 422. Appeals from decisions involving contracts of the Central 
              Intelligence Agency.
Sec. 423. Deputy Director of the Central Intelligence Agency.
Sec. 424. Authority to authorize travel on a common carrier.
Sec. 425. Inspector General for the Central Intelligence Agency.
Sec. 426. Budget of the Inspector General for the Central Intelligence 
              Agency.
Sec. 427. Public availability of unclassified versions of certain 
              intelligence products.

              Subtitle C--Defense Intelligence Components

Sec. 431. Inspector general matters.
Sec. 432. Clarification of national security missions of National 
              Geospatial-Intelligence Agency for analysis and 
              dissemination of certain intelligence information.
Sec. 433. Director of Compliance of the National Security Agency.

                       Subtitle D--Other Elements

Sec. 441. Codification of additional elements of the intelligence 
              community.
Sec. 442. Authorization of appropriations for Coast Guard National 
              Tactical Integration Office.
Sec. 443. Retention and relocation bonuses for the Federal Bureau of 
              Investigation.
Sec. 444. Extension of the authority of the Federal Bureau of 
              Investigation to waive mandatory retirement provisions.
Sec. 445. Report and assessments on transformation of the intelligence 
              capabilities of the Federal Bureau of Investigation.

 TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE 
                             PROGRAM OFFICE

Sec. 501. Reorganization of the Diplomatic Telecommunications Service 
              Program Office.

     TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Establishment and functions of the Commission.
Sec. 604. Members and staff of the Commission.
Sec. 605. Powers and duties of the Commission.
Sec. 606. Report of the Commission.
Sec. 607. Termination.
Sec. 608. Nonapplicability of Federal Advisory Committee Act.
Sec. 609. Authorization of appropriations.

                        TITLE VII--OTHER MATTERS

Sec. 701. Extension of National Commission for the Review of the 
              Research and Development Programs of the United States 
              Intelligence Community.
Sec. 702. Classification review of executive branch materials in the 
              possession of the congressional intelligence committees.

                    TITLE VIII--TECHNICAL AMENDMENTS

Sec. 801. Technical amendments to the Foreign Intelligence Surveillance 
              Act of 1978.
Sec. 802. Technical amendments to the Central Intelligence Agency Act 
              of 1949.
Sec. 803. Technical amendments to title 10, United States Code.
Sec. 804. Technical amendments to the National Security Act of 1947.
Sec. 805. Technical amendments relating to the multiyear National 
              Intelligence Program.
Sec. 806. Technical amendments to the Intelligence Reform and Terrorism 
              Prevention Act of 2004.
Sec. 807. Technical amendments to the Executive Schedule.
Sec. 808. Technical amendments to section 105 of the Intelligence 
              Authorization Act for Fiscal Year 2004.
Sec. 809. Technical amendments to section 602 of the Intelligence 
              Authorization Act for Fiscal Year 1995.
Sec. 810. Technical amendments to section 403 of the Intelligence 
              Authorization Act, Fiscal Year 1992.

     SEC. 2. DEFINITIONS.

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

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2010 for the conduct of

[[Page S6769]]

     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 levels 
     (expressed as full-time equivalent positions) as of September 
     30, 2010, for the conduct of the intelligence activities of 
     the elements listed in paragraphs (1) through (16) of section 
     101, are those specified in the classified Schedule of 
     Authorizations prepared to accompany the bill S. 3611 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.--The Director of National 
     Intelligence may authorize the employment of civilian 
     personnel in excess of the number of full-time equivalent 
     positions for fiscal year 2010 authorized by the classified 
     Schedule of Authorizations referred to in section 102(a) if 
     the Director of National Intelligence determines that such 
     action is necessary for 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 section for such element.
       (b) Authority for Conversion of Activities Performed by 
     Contract Personnel.--
       (1) In general.--In addition to the authority in subsection 
     (a) and subject to paragraph (2), if the head of an element 
     of the intelligence community makes a determination that 
     activities currently being performed by contract personnel 
     should be performed by employees of such element, the 
     Director of National Intelligence, in order to reduce a 
     comparable number of contract personnel, may authorize for 
     that purpose employment of additional full-time equivalent 
     personnel in such element equal to the number of full-time 
     equivalent contract personnel performing such activities.
       (2) Concurrence and approval.--The authority described in 
     paragraph (1) may not be exercised unless the Director of 
     National Intelligence concurs with the determination 
     described in such paragraph.
       (c) Treatment of Certain Personnel.--The Director of 
     National Intelligence shall establish guidelines that govern, 
     for each element of the intelligence community, the treatment 
     under the personnel levels authorized under section 102(a), 
     including any exemption from such personnel levels, of 
     employment or assignment--
       (1) in a student program, trainee program, or similar 
     program;
       (2) in a reserve corps or as a reemployed annuitant; or
       (3) in details, joint duty, or long-term, full-time 
     training.
       (d) Notice to Congressional Intelligence Committees.--The 
     Director of National Intelligence shall notify the 
     congressional intelligence committees in writing at least 15 
     days prior to the initial exercise of an authority described 
     in subsection (a) or (b).

     SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2010 the sum of $710,612,000. 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 822 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 made 
     available 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 full-time equivalent 
     personnel for the Community Management Account as of that 
     date as are specified in the classified Schedule of 
     Authorizations referred to in section 102(a).

     SEC. 105. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

     SEC. 106. BUDGETARY PROVISIONS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. 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.

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

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

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                     Subtitle A--Personnel Matters

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

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

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

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.) is amended by inserting after 
     section 113 the following new section:


                      ``detail of other personnel

       ``Sec. 113A. Except as provided in section 904(g)(2) of the 
     Counterintelligence Enhancement Act of 2002 (50 U.S.C. 
     402c(g)(2)) and section 113 of this Act, and notwithstanding 
     any other provision of law, an officer or employee of the 
     United States or member of the Armed Forces may be detailed 
     to the staff of an element of the intelligence community 
     funded through the National Intelligence Program from another 
     element of the intelligence community or from another element 
     of the United States Government on a reimbursable or 
     nonreimbursable basis, as jointly agreed to by the head of 
     the receiving element and the head of the detailing element, 
     for a period not to exceed 2 years.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of such Act is amended by inserting after 
     the item relating to section 113 the following new item:

``Sec. 113A. Detail of other personnel.''.

     SEC. 303. PAY AUTHORITY FOR CRITICAL POSITIONS.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended by adding at the end the following 
     new subsection:
       ``(s) Pay Authority for Critical Positions.--(1) 
     Notwithstanding any pay limitation established under any 
     other provision of law applicable to employees in elements of 
     the intelligence community, the Director of National 
     Intelligence may, in coordination with the Director of the 
     Office of Personnel Management and the Director of the Office 
     of Management and Budget, grant authority to the head of a 
     department or agency to fix the rate of basic pay for one or 
     more positions within the intelligence community at a rate in 
     excess of any applicable limitation, subject to the 
     provisions of this subsection. The exercise of authority so 
     granted is at the discretion of the head of the department or 
     agency employing the individual in a position covered by such 
     authority, subject to

[[Page S6770]]

     the provisions of this subsection and any conditions 
     established by the Director of National Intelligence when 
     granting such authority.
       ``(2) Authority under this subsection may be granted or 
     exercised only--
       ``(A) with respect to a position that requires an extremely 
     high level of expertise and is critical to successful 
     accomplishment of an important mission; and
       ``(B) to the extent necessary to recruit or retain an 
     individual exceptionally well qualified for the position.
       ``(3) The head of a department or agency may not fix a rate 
     of basic pay under this subsection at a rate greater than the 
     rate payable for level II of the Executive Schedule under 
     section 5313 of title 5, United States Code, except upon 
     written approval of the Director of National Intelligence or 
     as otherwise authorized by law.
       ``(4) The head of a department or agency may not fix a rate 
     of basic pay under this subsection at a rate greater than the 
     rate payable for level I of the Executive Schedule under 
     section 5312 of title 5, United States Code, except upon 
     written approval of the President in response to a request by 
     the Director of National Intelligence or as otherwise 
     authorized by law.
       ``(5) Any grant of authority under this subsection for a 
     position shall terminate at the discretion of the Director of 
     National Intelligence.
       ``(6)(A) The Director of National Intelligence shall notify 
     the congressional intelligence committees not later than 30 
     days after the date on which the Director grants authority to 
     the head of a department or agency under this subsection.
       ``(B) The head of a department or agency to which the 
     Director of National Intelligence grants authority under this 
     subsection shall notify the congressional intelligence 
     committees and the Director of the exercise of such authority 
     not later than 30 days after the date on which such head 
     exercises such authority.''.

     SEC. 304. AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL 
                   INTELLIGENCE SERVICE.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1), as amended by section 303 of this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(t) Award of Rank to Members of the Senior National 
     Intelligence Service.--(1) The President, based on the 
     recommendation of the Director of National Intelligence, may 
     award a rank to a member of the Senior National Intelligence 
     Service or other intelligence community senior civilian 
     officer not already covered by such a rank award program in 
     the same manner in which a career appointee of an agency may 
     be awarded a rank under section 4507 of title 5, United 
     States Code.
       ``(2) The President may establish procedures to award a 
     rank under paragraph (1) to a member of the Senior National 
     Intelligence Service or a senior civilian officer of the 
     intelligence community whose identity as such a member or 
     officer is classified information (as defined in section 
     606(1)).''.

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

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


  ``annual personnel level assessments for the intelligence community

       ``Sec. 506B.  (a) Requirement To Provide.--The Director of 
     National Intelligence shall, in consultation with the head of 
     each element of the intelligence community, prepare an annual 
     personnel level assessment for such element that assesses the 
     personnel levels for such element for the fiscal year 
     following the fiscal year in which the assessment is 
     submitted.
       ``(b) Schedule.--Each assessment required by subsection (a) 
     shall be submitted to the congressional intelligence 
     committees each year at the time that the President submits 
     to Congress the budget for a fiscal year pursuant to section 
     1105 of title 31, United States Code.
       ``(c) Contents.--Each assessment required by subsection (a) 
     submitted during a fiscal year shall contain the following 
     information for the element of the intelligence community 
     concerned:
       ``(1) The budget submission for personnel costs for the 
     upcoming fiscal year.
       ``(2) The dollar and percentage increase or decrease of 
     such costs as compared to the personnel costs of the current 
     fiscal year.
       ``(3) The dollar and percentage increase or decrease of 
     such costs as compared to the personnel costs during the 
     prior 5 fiscal years.
       ``(4) The number of full-time equivalent positions that is 
     the basis for which personnel funds are requested for the 
     upcoming fiscal year.
       ``(5) The numerical and percentage increase or decrease of 
     the number referred to in paragraph (4) as compared to the 
     number of full-time equivalent positions of the current 
     fiscal year.
       ``(6) The numerical and percentage increase or decrease of 
     the number referred to in paragraph (4) as compared to the 
     number of full-time equivalent positions during the prior 5 
     fiscal years.
       ``(7) The best estimate of the number and costs of core 
     contract personnel to be funded by the element for the 
     upcoming fiscal year.
       ``(8) The numerical and percentage increase or decrease of 
     such costs of core contract personnel as compared to the best 
     estimate of the costs of core contract personnel of the 
     current fiscal year.
       ``(9) The numerical and percentage increase or decrease of 
     such number and such costs of core contract personnel as 
     compared to the number and cost of core contract personnel 
     during the prior 5 fiscal years.
       ``(10) A justification for the requested personnel and core 
     contract personnel levels.
       ``(11) The best estimate of the number of intelligence 
     collectors and analysts employed or contracted by each 
     element of the intelligence community.
       ``(12) A statement by the Director of National Intelligence 
     that, based on current and projected funding, the element 
     concerned will have sufficient--
       ``(A) internal infrastructure to support the requested 
     personnel and core contract personnel levels;
       ``(B) training resources to support the requested personnel 
     levels; and
       ``(C) funding to support the administrative and operational 
     activities of the requested personnel levels.''.
       (b) Applicability Date.--The first assessment required to 
     be submitted under section 506B(b) of the National Security 
     Act of 1947, as added by subsection (a), shall be submitted 
     to the congressional intelligence committees at the time that 
     the President submits to Congress the budget for fiscal year 
     2012 pursuant to section 1105 of title 31, United States 
     Code.
       (c) Table of Contents Amendment.--The table of contents in 
     the first section such Act, as amended by section 302 of this 
     Act, is further amended by inserting after the item relating 
     to section 506A the following new item:

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

     SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR CRITICAL 
                   LANGUAGE TRAINING.

       Section 102A(e) of the National Security Act of 1947 (50 
     U.S.C. 403-1(e)) is amended by--
       (1) redesignating paragraph (3) as paragraph (4); and
       (2) inserting after paragraph (2) the following new 
     paragraph:
       ``(3)(A) In addition to the number of full-time equivalent 
     positions authorized for the Office of the Director of 
     National Intelligence for a fiscal year, there is authorized 
     for such Office for each fiscal year an additional 100 full-
     time equivalent positions that may be used only for the 
     purposes described in subparagraph (B).
       ``(B) Except as provided in subparagraph (C), the Director 
     of National Intelligence may use a full-time equivalent 
     position authorized under subparagraph (A) only for the 
     purpose of providing a temporary transfer of personnel made 
     in accordance with paragraph (2) to an element of the 
     intelligence community to enable such element to increase the 
     total number of personnel authorized for such element, on a 
     temporary basis--
       ``(i) during a period in which a permanent employee of such 
     element is absent to participate in critical language 
     training; or
       ``(ii) to accept a permanent employee of another element of 
     the intelligence community to provide language-capable 
     services.
       ``(C) Paragraph (2)(B) shall not apply with respect to a 
     transfer of personnel made under subparagraph (B).
       ``(D) The Director of National Intelligence shall submit to 
     the congressional intelligence committees an annual report on 
     the use of authorities under this paragraph. Each such report 
     shall include a description of--
       ``(i) the number of transfers of personnel made by the 
     Director pursuant to subparagraph (B), disaggregated by each 
     element of the intelligence community;
       ``(ii) the critical language needs that were fulfilled or 
     partially fulfilled through the use of such transfers; and
       ``(iii) the cost to carry out subparagraph (B).''.

     SEC. 307. CONFLICT OF INTEREST REGULATIONS FOR INTELLIGENCE 
                   COMMUNITY EMPLOYEES.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1), as amended by section 304 of this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(u) Conflict of Interest Regulations.--(1) The Director 
     of National Intelligence, in consultation with the Director 
     of the Office of Government Ethics, shall issue regulations 
     prohibiting an officer or employee of an element of the 
     intelligence community from engaging in outside employment if 
     such employment creates a conflict of interest or appearance 
     thereof.
       ``(2) The Director of National Intelligence shall annually 
     submit to the congressional intelligence committees a report 
     describing all outside employment for officers and employees 
     of elements of the intelligence community that was authorized 
     by the head of an element of the intelligence community 
     during the preceding calendar year. Such report shall be 
     submitted each year on the date provided in section 507.''.

                     Subtitle B--Education Programs

     SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROBERTS 
                   INTELLIGENCE SCHOLARS PROGRAM.

       (a) Permanent Authorization.--Subtitle C of title X of the 
     National Security Act of

[[Page S6771]]

     1947 (50 U.S.C. 441m et seq.) is amended by adding at the end 
     the following new section:


                 ``program on recruitment and training

       ``Sec. 1022.  (a) Program.--(1) The Director of National 
     Intelligence shall carry out a program to ensure that 
     selected students or former students are provided funds to 
     continue academic training, or are reimbursed for academic 
     training previously obtained, in areas of specialization that 
     the Director, in consultation with the other heads of the 
     elements of the intelligence community, identifies as areas 
     in which the current capabilities of the intelligence 
     community are deficient or in which future capabilities of 
     the intelligence community are likely to be deficient.
       ``(2) A student or former student selected for 
     participation in the program shall commit to employment with 
     an element of the intelligence community, following 
     completion of appropriate academic training, under such terms 
     and conditions as the Director considers appropriate.
       ``(3) The program shall be known as the Pat Roberts 
     Intelligence Scholars Program.
       ``(b) Elements.--In carrying out the program under 
     subsection (a), the Director shall--
       ``(1) establish such requirements relating to the academic 
     training of participants as the Director considers 
     appropriate to ensure that participants are prepared for 
     employment as intelligence professionals; and
       ``(2) periodically review the areas of specialization of 
     the elements of the intelligence community to determine the 
     areas in which such elements are, or are likely to be, 
     deficient in capabilities.
       ``(c) Use of Funds.--Funds made available for the program 
     under subsection (a) shall be used--
       ``(1) to provide a monthly stipend for each month that a 
     student is pursuing a course of study;
       ``(2) to pay the full tuition of a student or former 
     student for the completion of such course of study;
       ``(3) to pay for books and materials that the student or 
     former student requires or required to complete such course 
     of study;
       ``(4) to pay the expenses of the student or former student 
     for travel requested by an element of the intelligence 
     community in relation to such program; or
       ``(5) for such other purposes the Director considers 
     reasonably appropriate to carry out such program.''.
       (b) Conforming Amendments.--
       (1) Table of contents amendment.--The table of contents in 
     the first section of such Act, as amended by section 305 of 
     this Act, is further amended--
       (A) by transferring the item relating to section 1002 so 
     such item immediately follows the item relating to section 
     1001; and
       (B) by inserting after the item relating to section 1021 
     the following new item:

``Sec. 1022. Program on recruitment and training.''.
       (2) Repeal of pilot program.--
       (A) Authority.--Section 318 of the Intelligence 
     Authorization Act for Fiscal Year 2004 (Public Law 108-177; 
     50 U.S.C. 441g note) is repealed.
       (B) Table of contents amendment.--The table of contents in 
     section 1 of the Intelligence Authorization Act for Fiscal 
     Year 2004 (Public Law 108-177; 117 Stat. 2599) is amended by 
     striking the item relating to section 318.

     SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDUCATIONAL 
                   SCHOLARSHIP PROGRAM.

       (a) Expansion of the Louis Stokes Educational Scholarship 
     Program to Graduate Students.--Section 16 of the National 
     Security Agency Act of 1959 (50 U.S.C. 402 note) is amended--
       (1) in subsection (a)--
       (A) by inserting ``and graduate'' after ``undergraduate''; 
     and
       (B) by striking ``the baccalaureate'' and inserting ``a 
     baccalaureate or graduate'';
       (2) in subsection (b), by inserting ``or graduate'' after 
     ``undergraduate'';
       (3) in subsection (e)(2), by inserting ``and graduate'' 
     after ``undergraduate''; and
       (4) by adding at the end the following new subsection:
       ``(h) The undergraduate and graduate training program 
     established under this section shall be known as the Louis 
     Stokes Educational Scholarship Program.''.
       (b) Authority for Participation by Individuals Who Are Not 
     Employed by the United States Government.--
       (1) In general.--Subsection (b) of section 16 of the 
     National Security Agency Act of 1959 (50 U.S.C. 402 note), as 
     amended by subsection (a)(2), is further amended by striking 
     ``civilian employees'' and inserting ``civilians who may or 
     may not be employees''.
       (2) Conforming amendments.--Section 16 of the National 
     Security Agency Act of 1959 (50 U.S.C. 402 note), as amended 
     by subsection (a), is further amended--
       (A) in subsection (c), by striking ``employees'' and 
     inserting ``program participants''; and
       (B) in subsection (d)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), strike ``an 
     employee of the Agency,'' and insert ``a program 
     participant,'';
       (II) in subparagraph (A), by striking ``employee'' and 
     inserting ``program participant'';
       (III) in subparagraph (C)--

       (aa) by striking ``employee'' each place that term appears 
     and inserting ``program participant''; and
       (bb) by striking ``employee's'' each place that term 
     appears and inserting ``program participant's''; and

       (IV) in subparagraph (D)--

       (aa) by striking ``employee'' each place that term appears 
     and inserting ``program participant''; and
       (bb) by striking ``employee's'' each place that term 
     appears and inserting ``program participant's''; and
       (ii) in paragraph (3)(C)--

       (I) by striking ``employee'' both places that term appears 
     and inserting ``program participant''; and
       (II) by striking ``employee's'' and inserting ``program 
     participant's''.

       (c) Termination of Program Participants.--Subsection 
     (d)(1)(C) of section 16 of the National Security Agency Act 
     of 1959 (50 U.S.C. 402 note), as amended by subsection 
     (b)(2)(B)(i)(III), is further amended by striking 
     ``terminated'' and all that follows and inserting 
     ``terminated--
       ``(i) by the Agency due to misconduct by the program 
     participant;
       ``(ii) by the program participant voluntarily; or
       ``(iii) by the Agency for the failure of the program 
     participant to maintain such level of academic standing in 
     the educational course of training as the Director of the 
     National Security Agency shall have specified in the 
     agreement of the program participant under this subsection; 
     and''.
       (d) Authority To Withhold Disclosure of Affiliation With 
     NSA.--Subsection (e) of Section 16 of the National Security 
     Agency Act of 1959 (50 U.S.C. 402 note) is amended by 
     striking ``(1) When an employee'' and all that follows 
     through ``(2) Agency efforts'' and inserting ``Agency 
     efforts''.
       (e) Authority of Elements of the Intelligence Community To 
     Establish a Stokes Educational Scholarship Program.--
       (1) Authority.--Subtitle C of title X of the National 
     Security Act of 1947 (50 U.S.C. 441m et seq.), as amended by 
     section 311 of this Act, is further amended by adding at the 
     end the following new section:


                   ``educational scholarship program

       ``Sec. 1023. The head of a department or agency containing 
     an element of the intelligence community may establish an 
     undergraduate or graduate training program with respect to 
     civilian employees and prospective civilian employees of such 
     element similar in purpose, conditions, content, and 
     administration to the program that the Secretary of Defense 
     is authorized to establish under section 16 of the National 
     Security Agency Act of 1959 (50 U.S.C. 402 note).''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947, as 
     amended by section 311 of this Act, is further amended by 
     inserting after the item relating to section 1022, as added 
     by such section 311, the following new item:

``Sec. 1023. Educational scholarship program.''.

     SEC. 313. INTELLIGENCE OFFICER TRAINING PROGRAM.

       (a) Program.--Subtitle C of title X of the National 
     Security Act of 1947 (50 U.S.C. 441m et seq.), as amended by 
     section 312(e) of this Act, is further amended by adding at 
     the end the following new section:


                ``intelligence officer training program

       ``Sec. 1024.  (a) Programs.--(1) The Director of National 
     Intelligence may carry out grant programs in accordance with 
     subsection (b) to enhance the recruitment and retention of an 
     ethnically and culturally diverse intelligence community 
     workforce with capabilities critical to the national security 
     interests of the United States.
       ``(2) In carrying out paragraph (1), the Director shall 
     identify the skills necessary to meet current or emergent 
     needs of the intelligence community and the educational 
     disciplines that will provide individuals with such skills.
       ``(b) Institutional Grant Program.--(1) The Director may 
     provide grants to institutions of higher education to support 
     the establishment or continued development of programs of 
     study in educational disciplines identified under subsection 
     (a)(2).
       ``(2) A grant provided under paragraph (1) may, with 
     respect to the educational disciplines identified under 
     subsection (a)(2), be used for the following purposes:
       ``(A) Curriculum or program development.
       ``(B) Faculty development.
       ``(C) Laboratory equipment or improvements.
       ``(D) Faculty research.
       ``(c) Application.--An institution of higher education 
     seeking a grant under this section shall submit an 
     application describing the proposed use of the grant at such 
     time and in such manner as the Director may require.
       ``(d) Reports.--An institution of higher education that 
     receives a grant under this section shall submit to the 
     Director regular reports regarding the use of such grant, 
     including--
       ``(1) a description of the benefits to students who 
     participate in the course of study funded by such grant;
       ``(2) a description of the results and accomplishments 
     related to such course of study; and
       ``(3) any other information that the Director may require.
       ``(e) Regulations.--The Director shall prescribe such 
     regulations as may be necessary to carry out this section.
       ``(f) Definitions.--In this section:
       ``(1) The term `Director' means the Director of National 
     Intelligence.

[[Page S6772]]

       ``(2) The term `institution of higher education' has the 
     meaning given the term in section 101 of the Higher Education 
     Act of 1965 (20 U.S.C. 1001).''.
       (b) Repeal of Duplicative Provisions.--
       (1) In general.--The following provisions of law are 
     repealed:
       (A) Subsections (b) through (g) of section 319 of the 
     Intelligence Authorization Act for Fiscal Year 2004 (Public 
     Law 108-177; 50 U.S.C. 403 note).
       (B) Section 1003 of the National Security Act of 1947 (50 
     U.S.C. 441g-2).
       (C) Section 922 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     50 U.S.C. 402 note).
       (2) Existing agreements.--Notwithstanding the repeals made 
     by paragraph (1), nothing in this subsection shall be 
     construed to amend, modify, or abrogate any agreement, 
     contract, or employment relationship that was in effect in 
     relation to the provisions repealed under paragraph (1) on 
     the day prior to the date of the enactment of this Act.
       (3) Technical amendment.--Section 319 of the Intelligence 
     Authorization Act for Fiscal Year 2004 (Public Law 108-177; 
     50 U.S.C. 403 note) is amended by striking ``(a) Findings.--
     ''.
       (c) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947, as 
     amended by section 312 of this Act, is further amended by 
     striking the item relating to section 1003 and inserting the 
     following new item:

``Sec. 1024. Intelligence officer training program.''.

     SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE INSTRUCTION IN 
                   AFRICAN LANGUAGES.

       (a) Establishment.--The Director of National Intelligence, 
     in consultation with the National Security Education Board 
     established under section 803(a) of the David L. Boren 
     National Security Education Act of 1991 (50 U.S.C. 1903(a)), 
     may establish a pilot program for intensive language 
     instruction in African languages.
       (b) Program.--A pilot program established under subsection 
     (a) shall provide scholarships for programs that provide 
     intensive language instruction--
       (1) in any of the five highest priority African languages 
     for which scholarships are not offered under the David L. 
     Boren National Security Education Act of 1991 (50 U.S.C. 1901 
     et seq.), as determined by the Director of National 
     Intelligence; and
       (2) both in the United States and in a country in which the 
     language is the native language of a significant portion of 
     the population, as determined by the Director of National 
     Intelligence.
       (c) Termination.--A pilot program established under 
     subsection (a) shall terminate on the date that is five years 
     after the date on which such pilot program is established.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $2,000,000.
       (2) Availability.--Funds authorized to be appropriated 
     under paragraph (1) shall remain available until the 
     termination of the pilot program in accordance with 
     subsection (c).

                    Subtitle C--Acquisition Matters

     SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.

       (a) Vulnerability Assessments of Major Systems.--
       (1) In general.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by section 305 of 
     this Act, is further amended by inserting after section 506B, 
     as added by section 305(a), the following new section:


              ``vulnerability assessments of major systems

       ``Sec. 506C.  (a) Initial Vulnerability Assessments.--
     (1)(A) Except as provided in subparagraph (B), the Director 
     of National Intelligence shall conduct and submit to the 
     congressional intelligence committees an initial 
     vulnerability assessment for each major system and its 
     significant items of supply--
       ``(i) except as provided in clause (ii), prior to the 
     completion of Milestone B or an equivalent acquisition 
     decision for the major system; or
       ``(ii) prior to the date that is 1 year after the date of 
     the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2010 in the case of a major system for which 
     Milestone B or an equivalent acquisition decision--
       ``(I) was completed prior to such date of enactment; or
       ``(II) is completed on a date during the 180-day period 
     following such date of enactment.
       ``(B) The Director may submit to the congressional 
     intelligence committees an initial vulnerability assessment 
     required by clause (ii) of subparagraph (A) not later than 
     180 days after the date such assessment is required to be 
     submitted under such clause if the Director notifies the 
     congressional intelligence committees of the extension of the 
     submission date under this subparagraph and provides a 
     justification for such extension.
       ``(C) The initial vulnerability assessment of a major 
     system and its significant items of supply shall include use 
     of an analysis-based approach to--
       ``(i) identify vulnerabilities;
       ``(ii) define exploitation potential;
       ``(iii) examine the system's potential effectiveness;
       ``(iv) determine overall vulnerability; and
       ``(v) make recommendations for risk reduction.
       ``(2) If an initial vulnerability assessment for a major 
     system is not submitted to the congressional intelligence 
     committees as required by paragraph (1), funds appropriated 
     for the acquisition of the major system may not be obligated 
     for a major contract related to the major system. Such 
     prohibition on the obligation of funds for the acquisition of 
     the major system shall cease to apply on the date on which 
     the congressional intelligence committees receive the initial 
     vulnerability assessment.
       ``(b) Subsequent Vulnerability Assessments.--(1) The 
     Director of National Intelligence shall, periodically 
     throughout the procurement of a major system or if the 
     Director determines that a change in circumstances warrants 
     the issuance of a subsequent vulnerability assessment, 
     conduct a subsequent vulnerability assessment of each major 
     system and its significant items of supply within the 
     National Intelligence Program.
       ``(2) Upon the request of a congressional intelligence 
     committee, the Director of National Intelligence may, if 
     appropriate, recertify the previous vulnerability assessment 
     or may conduct a subsequent vulnerability assessment of a 
     particular major system and its significant items of supply 
     within the National Intelligence Program.
       ``(3) Any subsequent vulnerability assessment of a major 
     system and its significant items of supply shall include use 
     of an analysis-based approach and, if applicable, a testing-
     based approach, to monitor the exploitation potential of such 
     system and reexamine the factors described in clauses (i) 
     through (v) of subsection (a)(1)(C).
       ``(c) Major System Management.--The Director of National 
     Intelligence shall give due consideration to the 
     vulnerability assessments prepared for a given major system 
     when developing and determining the National Intelligence 
     Program budget.
       ``(d) Congressional Oversight.--(1) The Director of 
     National Intelligence shall provide to the congressional 
     intelligence committees a copy of each vulnerability 
     assessment conducted under subsection (a) or (b) not later 
     than 10 days after the date of the completion of such 
     assessment.
       ``(2) The Director of National Intelligence shall provide 
     the congressional intelligence committees with a proposed 
     schedule for subsequent periodic vulnerability assessments of 
     a major system under subsection (b)(1) when providing such 
     committees with the initial vulnerability assessment under 
     subsection (a) of such system as required by paragraph (1).
       ``(e) Definitions.--In this section:
       ``(1) The term `item of supply' has the meaning given that 
     term in section 4(10) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403(10)).
       ``(2) The term `major contract' means each of the 6 largest 
     prime, associate, or Government-furnished equipment contracts 
     under a major system that is in excess of $40,000,000 and 
     that is not a firm, fixed price contract.
       ``(3) The term `major system' has the meaning given that 
     term in section 506A(e).
       ``(4) The term `Milestone B' means a decision to enter into 
     major system development and demonstration pursuant to 
     guidance prescribed by the Director of National Intelligence.
       ``(5) The term `vulnerability assessment' means the process 
     of identifying and quantifying vulnerabilities in a major 
     system and its significant items of supply.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947, as 
     amended by section 313 of this Act, is further amended by 
     inserting after the item relating to section 506B, as added 
     by section 305(c) of this Act, the following new item:

``Sec. 506C. Vulnerability assessments of major systems.''.
       (b) Definition of Major System.--Paragraph (3) of section 
     506A(e) of the National Security Act of 1947 (50 U.S.C. 415a-
     1(e)) is amended by striking ``(in current fiscal year 
     dollars)'' and inserting ``(based on fiscal year 2010 
     constant dollars)''.

     SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM 
                   TRANSFORMATION.

       (a) Intelligence Community Business System 
     Transformation.--
       (1) In general.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by section 321 of 
     this Act, is further amended by inserting after section 506C, 
     as added by section 321(a), the following new section:


        ``intelligence community business system transformation

       ``Sec. 506D.  (a) Limitation on Obligation of Funds.--(1) 
     Subject to paragraph (3), no funds appropriated to any 
     element of the intelligence community may be obligated for an 
     intelligence community business system transformation that 
     will have a total cost in excess of $3,000,000 unless--
       ``(A) the Director of the Office of Business Transformation 
     of the Office of the Director of National Intelligence makes 
     a certification described in paragraph (2) with respect to 
     such intelligence community business system transformation; 
     and
       ``(B) such certification is approved by the board 
     established under subsection (f).
       ``(2) The certification described in this paragraph for an 
     intelligence community business system transformation is a 
     certification made by the Director of the Office of

[[Page S6773]]

     Business Transformation of the Office of the Director of 
     National Intelligence that the intelligence community 
     business system transformation--
       ``(A) complies with the enterprise architecture under 
     subsection (b) and such other policies and standards that the 
     Director of National Intelligence considers appropriate; or
       ``(B) is necessary--
       ``(i) to achieve a critical national security capability or 
     address a critical requirement; or
       ``(ii) to prevent a significant adverse effect on a project 
     that is needed to achieve an essential capability, taking 
     into consideration any alternative solutions for preventing 
     such adverse effect.
       ``(3) With respect to a fiscal year after fiscal year 2010, 
     the amount referred to in paragraph (1) in the matter 
     preceding subparagraph (A) shall be equal to the sum of--
       ``(A) the amount in effect under such paragraph (1) for the 
     preceding fiscal year (determined after application of this 
     paragraph), plus
       ``(B) such amount multiplied by the annual percentage 
     increase in the consumer price index (all items; U.S. city 
     average) as of September of the previous fiscal year.
       ``(b) Enterprise Architecture for Intelligence Community 
     Business Systems.--(1) The Director of National Intelligence 
     shall, acting through the board established under subsection 
     (f), develop and implement an enterprise architecture to 
     cover all intelligence community business systems, and the 
     functions and activities supported by such business systems. 
     The enterprise architecture shall be sufficiently defined to 
     effectively guide, constrain, and permit implementation of 
     interoperable intelligence community business system 
     solutions, consistent with applicable policies and procedures 
     established by the Director of the Office of Management and 
     Budget.
       ``(2) The enterprise architecture under paragraph (1) shall 
     include the following:
       ``(A) An information infrastructure that will enable the 
     intelligence community to--
       ``(i) comply with all Federal accounting, financial 
     management, and reporting requirements;
       ``(ii) routinely produce timely, accurate, and reliable 
     financial information for management purposes;
       ``(iii) integrate budget, accounting, and program 
     information and systems; and
       ``(iv) provide for the measurement of performance, 
     including the ability to produce timely, relevant, and 
     reliable cost information.
       ``(B) Policies, procedures, data standards, and system 
     interface requirements that apply uniformly throughout the 
     intelligence community.
       ``(c) Responsibilities for Intelligence Community Business 
     System Transformation.--The Director of National Intelligence 
     shall be responsible for the entire life cycle of an 
     intelligence community business system transformation, 
     including review, approval, and oversight of the planning, 
     design, acquisition, deployment, operation, and maintenance 
     of the business system transformation.
       ``(d) Intelligence Community Business System Investment 
     Review.--(1) The Director of the Office of Business 
     Transformation of the Office of the Director of National 
     Intelligence shall establish and implement, not later than 
     September 30, 2010, an investment review process for the 
     intelligence community business systems for which the 
     Director of the Office of Business Transformation is 
     responsible.
       ``(2) The investment review process under paragraph (1) 
     shall--
       ``(A) meet the requirements of section 11312 of title 40, 
     United States Code; and
       ``(B) specifically set forth the responsibilities of the 
     Director of the Office of Business Transformation under such 
     review process.
       ``(3) The investment review process under paragraph (1) 
     shall include the following elements:
       ``(A) Review and approval by an investment review board 
     (consisting of appropriate representatives of the 
     intelligence community) of each intelligence community 
     business system as an investment before the obligation of 
     funds for such system.
       ``(B) Periodic review, but not less often than annually, of 
     every intelligence community business system investment.
       ``(C) Thresholds for levels of review to ensure appropriate 
     review of intelligence community business system investments 
     depending on the scope, complexity, and cost of the system 
     involved.
       ``(D) Procedures for making certifications in accordance 
     with the requirements of subsection (a)(2).
       ``(e) Budget Information.--For each fiscal year after 
     fiscal year 2011, the Director of National Intelligence shall 
     include in the materials the Director submits to Congress in 
     support of the budget for such fiscal year that is submitted 
     to Congress under section 1105 of title 31, United States 
     Code, the following information:
       ``(1) An identification of each intelligence community 
     business system for which funding is proposed in such budget.
       ``(2) An identification of all funds, by appropriation, 
     proposed in such budget for each such system, including--
       ``(A) funds for current services to operate and maintain 
     such system;
       ``(B) funds for business systems modernization identified 
     for each specific appropriation; and
       ``(C) funds for associated business process improvement or 
     reengineering efforts.
       ``(3) The certification, if any, made under subsection 
     (a)(2) with respect to each such system.
       ``(f) Intelligence Community Business System Transformation 
     Governance Board.--(1) The Director of National Intelligence 
     shall establish a board within the intelligence community 
     business system transformation governance structure (in this 
     subsection referred to as the `Board').
       ``(2) The Board shall--
       ``(A) recommend to the Director policies and procedures 
     necessary to effectively integrate all business activities 
     and any transformation, reform, reorganization, or process 
     improvement initiatives undertaken within the intelligence 
     community;
       ``(B) review and approve any major update of--
       ``(i) the enterprise architecture developed under 
     subsection (b); and
       ``(ii) any plans for an intelligence community business 
     systems modernization;
       ``(C) manage cross-domain integration consistent with such 
     enterprise architecture;
       ``(D) coordinate initiatives for intelligence community 
     business system transformation to maximize benefits and 
     minimize costs for the intelligence community, and 
     periodically report to the Director on the status of efforts 
     to carry out an intelligence community business system 
     transformation;
       ``(E) ensure that funds are obligated for intelligence 
     community business system transformation in a manner 
     consistent with subsection (a); and
       ``(F) carry out such other duties as the Director shall 
     specify.
       ``(g) Relation to Annual Registration Requirements.--
     Nothing in this section shall be construed to alter the 
     requirements of section 8083 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 989), 
     with regard to information technology systems (as defined in 
     subsection (d) of such section).
       ``(h) Relationship to Defense Business Enterprise 
     Architecture.--Nothing in this section shall be construed to 
     exempt funds authorized to be appropriated to the Department 
     of Defense from the requirements of section 2222 of title 10, 
     United States Code, to the extent that such requirements are 
     otherwise applicable.
       ``(i) Relation to Clinger-Cohen Act.--(1) Executive agency 
     responsibilities in chapter 113 of title 40, United States 
     Code, for any intelligence community business system 
     transformation shall be exercised jointly by--
       ``(A) the Director of National Intelligence and the Chief 
     Information Officer of the Intelligence Community; and
       ``(B) the head of the executive agency that contains the 
     element of the intelligence community involved and the chief 
     information officer of that executive agency.
       ``(2) The Director of National Intelligence and the head of 
     the executive agency referred to in paragraph (1)(B) shall 
     enter into a Memorandum of Understanding to carry out the 
     requirements of this section in a manner that best meets the 
     needs of the intelligence community and the executive agency.
       ``(j) Reports.--Not later than March 31 of each of the 
     years 2011 through 2015, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on the compliance of the intelligence 
     community with the requirements of this section. Each such 
     report shall--
       ``(1) describe actions taken and proposed for meeting the 
     requirements of subsection (a), including--
       ``(A) specific milestones and actual performance against 
     specified performance measures, and any revision of such 
     milestones and performance measures; and
       ``(B) specific actions on the intelligence community 
     business system transformations submitted for certification 
     under such subsection;
       ``(2) identify the number of intelligence community 
     business system transformations that received a certification 
     described in subsection (a)(2); and
       ``(3) describe specific improvements in business operations 
     and cost savings resulting from successful intelligence 
     community business systems transformation efforts.
       ``(k) Definitions.--In this section:
       ``(1) The term `enterprise architecture' has the meaning 
     given that term in section 3601(4) of title 44, United States 
     Code.
       ``(2) The terms `information system' and `information 
     technology' have the meanings given those terms in section 
     11101 of title 40, United States Code.
       ``(3) The term `intelligence community business system' 
     means an information system, including a national security 
     system, that is operated by, for, or on behalf of an element 
     of the intelligence community, including a financial system, 
     mixed system, financial data feeder system, and the business 
     infrastructure capabilities shared by the systems of the 
     business enterprise architecture, including people, process, 
     and technology, that build upon the core infrastructure used 
     to support business activities, such as acquisition, 
     financial management, logistics, strategic planning and 
     budgeting, installations and environment, and human resource 
     management.
       ``(4) The term `intelligence community business system 
     transformation' means--
       ``(A) the acquisition or development of a new intelligence 
     community business system; or

[[Page S6774]]

       ``(B) any significant modification or enhancement of an 
     existing intelligence community business system (other than 
     necessary to maintain current services).
       ``(5) The term `national security system' has the meaning 
     given that term in section 3542 of title 44, United States 
     Code.
       ``(6) The term `Office of Business Transformation of the 
     Office of the Director of National Intelligence' includes any 
     successor office that assumes the functions of the Office of 
     Business Transformation of the Office of the Director of 
     National Intelligence as carried out by the Office of 
     Business Transformation on the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2010.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of that Act, as amended by section 321 of 
     this Act, is further amended by inserting after the item 
     relating to section 506C, as added by section 321(a)(2), the 
     following new item:

``Sec. 506D. Intelligence community business system transformation.''.
       (b) Implementation.--
       (1) Certain duties.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall designate a chair and other members to 
     serve on the board established under subsection (f) of such 
     section 506D of the National Security Act of 1947 (as added 
     by subsection (a)).
       (2) Enterprise architecture.--
       (A) Schedule for development.--The Director shall develop 
     the enterprise architecture required by subsection (b) of 
     such section 506D (as so added), including the initial 
     Business Enterprise Architecture for business transformation, 
     not later than September 30, 2010.
       (B) Requirement for implementation plan.--In developing 
     such an enterprise architecture, the Director shall develop 
     an implementation plan for such enterprise architecture that 
     includes the following:
       (i) An acquisition strategy for new systems that are 
     expected to be needed to complete such enterprise 
     architecture, including specific time-phased milestones, 
     performance metrics, and a statement of the financial and 
     nonfinancial resource needs.
       (ii) An identification of the intelligence community 
     business systems in operation or planned as of September 30, 
     2010, that will not be a part of such enterprise 
     architecture, together with the schedule for the phased 
     termination of the utilization of any such systems.
       (iii) An identification of the intelligence community 
     business systems in operation or planned as of September 30, 
     2010, that will be a part of such enterprise architecture, 
     together with a strategy for modifying such systems to ensure 
     that such systems comply with such enterprise architecture.
       (C) Submission of acquisition strategy.--Based on the 
     results of an enterprise process management review and the 
     availability of funds, the Director shall submit the 
     acquisition strategy described in subparagraph (B)(i) to the 
     congressional intelligence committees not later than March 
     31, 2011.

     SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.

       (a) Reports.--
       (1) In general.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by section 322 of 
     this Act, is further amended by inserting after section 506D, 
     as added by section 322(a)(1), the following new section:


             ``reports on the acquisition of major systems

       ``Sec. 506E.  (a) Definitions.--In this section:
       ``(1) The term `cost estimate'--
       ``(A) means an assessment and quantification of all costs 
     and risks associated with the acquisition of a major system 
     based upon reasonably available information at the time the 
     Director establishes the 2010 adjusted total acquisition cost 
     for such system pursuant to subsection (h) or restructures 
     such system pursuant to section 506F(c); and
       ``(B) does not mean an `independent cost estimate'.
       ``(2) The term `critical cost growth threshold' means a 
     percentage increase in the total acquisition cost for a major 
     system of at least 25 percent over the total acquisition cost 
     for the major system as shown in the current Baseline 
     Estimate for the major system.
       ``(3)(A) The term `current Baseline Estimate' means the 
     projected total acquisition cost of a major system that is--
       ``(i) approved by the Director, or a designee of the 
     Director, at Milestone B or an equivalent acquisition 
     decision for the development, procurement, and construction 
     of such system;
       ``(ii) approved by the Director at the time such system is 
     restructured pursuant to section 506F(c); or
       ``(iii) the 2010 adjusted total acquisition cost determined 
     pursuant to subsection (h).
       ``(B) A current Baseline Estimate may be in the form of an 
     independent cost estimate.
       ``(4) Except as otherwise specifically provided, the term 
     `Director' means the Director of National Intelligence.
       ``(5) The term `independent cost estimate' has the meaning 
     given that term in section 506A(e).
       ``(6) The term `major contract' means each of the 6 largest 
     prime, associate, or Government-furnished equipment contracts 
     under a major system that is in excess of $40,000,000 and 
     that is not a firm, fixed price contract.
       ``(7) The term `major system' has the meaning given that 
     term in section 506A(e).
       ``(8) The term `Milestone B' means a decision to enter into 
     major system development and demonstration pursuant to 
     guidance prescribed by the Director.
       ``(9) The term `program manager' means--
       ``(A) the head of the element of the intelligence community 
     that is responsible for the budget, cost, schedule, and 
     performance of a major system; or
       ``(B) in the case of a major system within the Office of 
     the Director of National Intelligence, the deputy who is 
     responsible for the budget, cost, schedule, and performance 
     of the major system.
       ``(10) The term `significant cost growth threshold' means 
     the percentage increase in the total acquisition cost for a 
     major system of at least 15 percent over the total 
     acquisition cost for such system as shown in the current 
     Baseline Estimate for such system.
       ``(11) The term `total acquisition cost' means the amount 
     equal to the total cost for development and procurement of, 
     and system-specific construction for, a major system.
       ``(b) Major System Cost Reports.--(1) The program manager 
     for a major system shall, on a quarterly basis, submit to the 
     Director a major system cost report as described in paragraph 
     (2).
       ``(2) A major system cost report shall include the 
     following information (as of the last day of the quarter for 
     which the report is made):
       ``(A) The total acquisition cost for the major system.
       ``(B) Any cost variance or schedule variance in a major 
     contract for the major system since the contract was entered 
     into.
       ``(C) Any changes from a major system schedule milestones 
     or performances that are known, expected, or anticipated by 
     the program manager.
       ``(D) Any significant changes in the total acquisition cost 
     for development and procurement of any software component of 
     the major system, schedule milestones for such software 
     component of the major system, or expected performance of 
     such software component of the major system that are known, 
     expected, or anticipated by the program manager.
       ``(3) Each major system cost report required by paragraph 
     (1) shall be submitted not more than 30 days after the end of 
     the reporting quarter.
       ``(c) Reports for Breach of Significant or Critical Cost 
     Growth Thresholds.--If the program manager of a major system 
     for which a report has previously been submitted under 
     subsection (b) determines at any time during a quarter that 
     there is reasonable cause to believe that the total 
     acquisition cost for the major system has increased by a 
     percentage equal to or greater than the significant cost 
     growth threshold or critical cost growth threshold and if a 
     report indicating an increase of such percentage or more has 
     not previously been submitted to the Director, then the 
     program manager shall immediately submit to the Director a 
     major system cost report containing the information, 
     determined as of the date of the report, required under 
     subsection (b).
       ``(d) Notification to Congress of Cost Growth.--(1) 
     Whenever a major system cost report is submitted to the 
     Director, the Director shall determine whether the current 
     acquisition cost for the major system has increased by a 
     percentage equal to or greater than the significant cost 
     growth threshold or the critical cost growth threshold.
       ``(2) If the Director determines that the current total 
     acquisition cost has increased by a percentage equal to or 
     greater than the significant cost growth threshold or 
     critical cost growth threshold, the Director shall submit to 
     Congress a Major System Congressional Report pursuant to 
     subsection (e).
       ``(e) Requirement for Major System Congressional Report.--
     (1) Whenever the Director determines under subsection (d) 
     that the total acquisition cost of a major system has 
     increased by a percentage equal to or greater than the 
     significant cost growth threshold for the major system, a 
     Major System Congressional Report shall be submitted to 
     Congress not later than 45 days after the date on which the 
     Director receives the major system cost report for such major 
     system.
       ``(2) If the total acquisition cost of a major system (as 
     determined by the Director under subsection (d)) increases by 
     a percentage equal to or greater than the critical cost 
     growth threshold for the program or subprogram, the Director 
     shall take actions consistent with the requirements of 
     section 506F.
       ``(f) Major System Congressional Report Elements.--(1) 
     Except as provided in paragraph (2), each Major System 
     Congressional Report shall include the following:
       ``(A) The name of the major system.
       ``(B) The date of the preparation of the report.
       ``(C) The program phase of the major system as of the date 
     of the preparation of the report.
       ``(D) The estimate of the total acquisition cost for the 
     major system expressed in constant base-year dollars and in 
     current dollars.
       ``(E) The current Baseline Estimate for the major system in 
     constant base-year dollars and in current dollars.
       ``(F) A statement of the reasons for any increase in total 
     acquisition cost for the major system.

[[Page S6775]]

       ``(G) The completion status of the major system--
       ``(i) expressed as the percentage that the number of years 
     for which funds have been appropriated for the major system 
     is of the number of years for which it is planned that funds 
     will be appropriated for the major system; and
       ``(ii) expressed as the percentage that the amount of funds 
     that have been appropriated for the major system is of the 
     total amount of funds which it is planned will be 
     appropriated for the major system.
       ``(H) The fiscal year in which the major system was first 
     authorized and in which funds for such system were first 
     appropriated by Congress.
       ``(I) The current change and the total change, in dollars 
     and expressed as a percentage, in the total acquisition cost 
     for the major system, stated both in constant base-year 
     dollars and in current dollars.
       ``(J) The quantity of end items to be acquired under the 
     major system and the current change and total change, if any, 
     in that quantity.
       ``(K) The identities of the officers responsible for 
     management and cost control of the major system.
       ``(L) The action taken and proposed to be taken to control 
     future cost growth of the major system.
       ``(M) Any changes made in the performance or schedule 
     milestones of the major system and the extent to which such 
     changes have contributed to the increase in total acquisition 
     cost for the major system.
       ``(N) The following contract performance assessment 
     information with respect to each major contract under the 
     major system:
       ``(i) The name of the contractor.
       ``(ii) The phase that the contract is in at the time of the 
     preparation of the report.
       ``(iii) The percentage of work under the contract that has 
     been completed.
       ``(iv) Any current change and the total change, in dollars 
     and expressed as a percentage, in the contract cost.
       ``(v) The percentage by which the contract is currently 
     ahead of or behind schedule.
       ``(vi) A narrative providing a summary explanation of the 
     most significant occurrences, including cost and schedule 
     variances under major contracts of the major system, 
     contributing to the changes identified and a discussion of 
     the effect these occurrences will have on the future costs 
     and schedule of the major system.
       ``(O) In any case in which one or more problems with a 
     software component of the major system significantly 
     contributed to the increase in costs of the major system, the 
     action taken and proposed to be taken to solve such problems.
       ``(2) A Major System Congressional Report prepared for a 
     major system for which the increase in the total acquisition 
     cost is due to termination or cancellation of the entire 
     major system shall include only--
       ``(A) the information described in subparagraphs (A) 
     through (F) of paragraph (1); and
       ``(B) the total percentage change in total acquisition cost 
     for such system.
       ``(g) Prohibition on Obligation of Funds.--If a 
     determination of an increase by a percentage equal to or 
     greater than the significant cost growth threshold is made by 
     the Director under subsection (d) and a Major System 
     Congressional Report containing the information described in 
     subsection (f) is not submitted to Congress under subsection 
     (e)(1), or if a determination of an increase by a percentage 
     equal to or greater than the critical cost growth threshold 
     is made by the Director under subsection (d) and the Major 
     System Congressional Report containing the information 
     described in subsection (f) and section 506F(b)(3) and the 
     certification required by section 506F(b)(2) are not 
     submitted to Congress under subsection (e)(2), funds 
     appropriated for construction, research, development, test, 
     evaluation, and procurement may not be obligated for a major 
     contract under the major system. The prohibition on the 
     obligation of funds for a major system shall cease to apply 
     at the end of the 45-day period that begins on the date--
       ``(1) on which Congress receives the Major System 
     Congressional Report under subsection (e)(1) with respect to 
     that major system, in the case of a determination of an 
     increase by a percentage equal to or greater than the 
     significant cost growth threshold (as determined in 
     subsection (d)); or
       ``(2) on which Congress receives both the Major System 
     Congressional Report under subsection (e)(2) and the 
     certification of the Director under section 506F(b)(2) with 
     respect to that major system, in the case of an increase by a 
     percentage equal to or greater than the critical cost growth 
     threshold (as determined under subsection (d)).
       ``(h) Treatment of Cost Increases Prior to Enactment of 
     Intelligence Authorization Act for Fiscal Year 2010.--(1) Not 
     later than 180 days after the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2010, the 
     Director--
       ``(A) shall, for each major system, determine if the total 
     acquisition cost of such major system increased by a 
     percentage equal to or greater than the significant cost 
     growth threshold or the critical cost growth threshold prior 
     to such date of enactment;
       ``(B) shall establish for each major system for which the 
     total acquisition cost has increased by a percentage equal to 
     or greater than the significant cost growth threshold or the 
     critical cost growth threshold prior to such date of 
     enactment a revised current Baseline Estimate based upon an 
     updated cost estimate;
       ``(C) may, for a major system not described in subparagraph 
     (B), establish a revised current Baseline Estimate based upon 
     an updated cost estimate; and
       ``(D) shall submit to Congress a report describing--
       ``(i) each determination made under subparagraph (A);
       ``(ii) each revised current Baseline Estimate established 
     for a major system under subparagraph (B); and
       ``(iii) each revised current Baseline Estimate established 
     for a major system under subparagraph (C), including the 
     percentage increase of the total acquisition cost of such 
     major system that occurred prior to the date of the enactment 
     of such Act.
       ``(2) The revised current Baseline Estimate established for 
     a major system under subparagraph (B) or (C) of paragraph (1) 
     shall be the 2010 adjusted total acquisition cost for the 
     major system and may include the estimated cost of conducting 
     any vulnerability assessments for such major system required 
     under section 506C.
       ``(i) Requirements To Use Base Year Dollars.--Any 
     determination of a percentage increase under this section 
     shall be stated in terms of constant base year dollars.
       ``(j) Form of Report.--Any report required to be submitted 
     under this section may be submitted in a classified form.''.
       (2) Applicability date of quarterly reports.--The first 
     report required to be submitted under subsection (b) of 
     section 506E of the National Security Act of 1947, as added 
     by paragraph (1) of this subsection, shall be submitted with 
     respect to the first fiscal quarter that begins on a date 
     that is not less than 180 days after the date of the 
     enactment of this Act.
       (3) Table of contents amendment.--The table of contents in 
     the first section of that Act, as amended by section 322 of 
     this Act, is further amended by inserting after the item 
     relating to section 506D, as added by section 322(a)(2), the 
     following new item:

``Sec. 506E. Reports on the acquisition of major systems.''.
       (b) Major Defense Acquisition Programs.--Nothing in this 
     section, section 324, or an amendment made by this section or 
     section 324, shall be construed to exempt an acquisition 
     program of the Department of Defense from the requirements of 
     chapter 144 of title 10, United States Code or Department of 
     Defense Directive 5000, to the extent that such requirements 
     are otherwise applicable.

     SEC. 324. CRITICAL COST GROWTH IN MAJOR SYSTEMS.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by section 323 of 
     this Act, is further amended by inserting after section 506E, 
     as added by section 323(a), the following new section:


                ``critical cost growth in major systems

       ``Sec. 506F.  (a) Reassessment of Major System.--If the 
     Director of National Intelligence determines under section 
     506E(d) that the total acquisition cost of a major system has 
     increased by a percentage equal to or greater than the 
     critical cost growth threshold for the major system, the 
     Director shall--
       ``(1) determine the root cause or causes of the critical 
     cost growth, in accordance with applicable statutory 
     requirements, policies, procedures, and guidance; and
       ``(2) carry out an assessment of--
       ``(A) the projected cost of completing the major system if 
     current requirements are not modified;
       ``(B) the projected cost of completing the major system 
     based on reasonable modification of such requirements;
       ``(C) the rough order of magnitude of the costs of any 
     reasonable alternative system or capability; and
       ``(D) the need to reduce funding for other systems due to 
     the growth in cost of the major system.
       ``(b) Presumption of Termination.--(1) After conducting the 
     reassessment required by subsection (a) with respect to a 
     major system, the Director shall terminate the major system 
     unless the Director submits to Congress a Major System 
     Congressional Report containing a certification in accordance 
     with paragraph (2) and the information described in paragraph 
     (3). The Director shall submit such Major System 
     Congressional Report and certification not later than 90 days 
     after the date the Director receives the relevant major 
     system cost report under subsection (b) or (c) of section 
     506E.
       ``(2) A certification described by this paragraph with 
     respect to a major system is a written certification that--
       ``(A) the continuation of the major system is essential to 
     the national security;
       ``(B) there are no alternatives to the major system that 
     will provide acceptable capability to meet the intelligence 
     requirement at less cost;
       ``(C) the new estimates of the total acquisition cost have 
     been determined by the Director to be reasonable;
       ``(D) the major system is a higher priority than other 
     systems whose funding must be reduced to accommodate the 
     growth in cost of the major system; and
       ``(E) the management structure for the major system is 
     adequate to manage and control the total acquisition cost.
       ``(3) A Major System Congressional Report accompanying a 
     written certification under paragraph (2) shall include, in 
     addition to the requirements of section 506E(e), the root 
     cause analysis and assessment carried out

[[Page S6776]]

     pursuant to subsection (a), the basis for each determination 
     made in accordance with subparagraphs (A) through (E) of 
     paragraph (2), and a description of all funding changes made 
     as a result of the growth in the cost of the major system, 
     including reductions made in funding for other systems to 
     accommodate such cost growth, together with supporting 
     documentation.
       ``(c) Actions if Major System Not Terminated.--If the 
     Director elects not to terminate a major system pursuant to 
     subsection (b), the Director shall--
       ``(1) restructure the major system in a manner that 
     addresses the root cause or causes of the critical cost 
     growth, as identified pursuant to subsection (a), and ensures 
     that the system has an appropriate management structure as 
     set forth in the certification submitted pursuant to 
     subsection (b)(2)(E);
       ``(2) rescind the most recent Milestone approval for the 
     major system;
       ``(3) require a new Milestone approval for the major system 
     before taking any action to enter a new contract, exercise an 
     option under an existing contract, or otherwise extend the 
     scope of an existing contract under the system, except to the 
     extent determined necessary by the Milestone Decision 
     Authority, on a nondelegable basis, to ensure that the system 
     may be restructured as intended by the Director without 
     unnecessarily wasting resources;
       ``(4) establish a revised current Baseline Estimate for the 
     major system based upon an updated cost estimate; and
       ``(5) conduct regular reviews of the major system.
       ``(d) Actions if Major System Terminated.--If a major 
     system is terminated pursuant to subsection (b), the Director 
     shall submit to Congress a written report setting forth--
       ``(1) an explanation of the reasons for terminating the 
     major system;
       ``(2) the alternatives considered to address any problems 
     in the major system; and
       ``(3) the course the Director plans to pursue to meet any 
     intelligence requirements otherwise intended to be met by the 
     major system.
       ``(e) Form of Report.--Any report or certification required 
     to be submitted under this section may be submitted in a 
     classified form.
       ``(f) Waiver.--(1) The Director may waive the requirements 
     of subsections (d)(2), (e), and (g) of section 506E and 
     subsections (a)(2), (b), (c), and (d) of this section with 
     respect to a major system if the Director determines that at 
     least 90 percent of the amount of the current Baseline 
     Estimate for the major system has been expended.
       ``(2)(A) If the Director grants a waiver under paragraph 
     (1) with respect to a major system, the Director shall submit 
     to the congressional intelligence committees written notice 
     of the waiver that includes--
       ``(i) the information described in section 506E(f); and
       ``(ii) if the current total acquisition cost of the major 
     system has increased by a percentage equal to or greater than 
     the critical cost growth threshold--
       ``(I) a determination of the root cause or causes of the 
     critical cost growth, as described in subsection (a)(1); and
       ``(II) a certification that includes the elements described 
     in subparagraphs (A), (B), and (E) of subsection (b)(2).
       ``(B) The Director shall submit the written notice required 
     by subparagraph (A) not later than 90 days after the date 
     that the Director receives a major system cost report under 
     subsection (b) or (c) of section 506E that indicates that the 
     total acquisition cost for the major system has increased by 
     a percentage equal to or greater than the significant cost 
     growth threshold or critical cost growth threshold.
       ``(g) Definitions.--In this section, the terms `cost 
     estimate', `critical cost growth threshold', `current 
     Baseline Estimate', `major system', and `total acquisition 
     cost' have the meaning given those terms in section 
     506E(a).''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of that Act, as amended by section 323 of 
     this Act, is further amended by inserting after the items 
     relating to section 506E, as added by section 323(a)(3), the 
     following new item:

``Sec. 506F. Critical cost growth in major systems.''.

     SEC. 325. FUTURE BUDGET PROJECTIONS.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by section 324 of 
     this Act, is further amended by inserting after section 506F, 
     as added by section 324(a), the following new section:


                      ``future budget projections

       ``Sec. 506G.  (a) Future Year Intelligence Plans.--(1) The 
     Director of National Intelligence, with the concurrence of 
     the Director of the Office of Management and Budget, shall 
     provide to the congressional intelligence committees a Future 
     Year Intelligence Plan, as described in paragraph (2), for--
       ``(A) each expenditure center in the National Intelligence 
     Program; and
       ``(B) each major system in the National Intelligence 
     Program.
       ``(2)(A) A Future Year Intelligence Plan submitted under 
     this subsection shall include the year-by-year proposed 
     funding for each center or system referred to in subparagraph 
     (A) or (B) of paragraph (1), for the budget year for which 
     the Plan is submitted and not less than the 4 subsequent 
     fiscal years.
       ``(B) A Future Year Intelligence Plan submitted under 
     subparagraph (B) of paragraph (1) for a major system shall 
     include--
       ``(i) the estimated total life-cycle cost of such major 
     system; and
       ``(ii) major milestones that have significant resource 
     implications for such major system.
       ``(b) Long-term Budget Projections.--(1) The Director of 
     National Intelligence, with the concurrence of the Director 
     of the Office of Management and Budget, shall provide to the 
     congressional intelligence committees a Long-term Budget 
     Projection for each element of the intelligence community 
     funded under the National Intelligence Program acquiring a 
     major system that includes the budget for such element for 
     the 5-year period that begins on the day after the end of the 
     last fiscal year for which year-by-year proposed funding is 
     included in a Future Year Intelligence Plan for such major 
     system in accordance with subsection (a)(2)(A).
       ``(2) A Long-term Budget Projection submitted under 
     paragraph (1) shall include--
       ``(A) projections for the appropriate element of the 
     intelligence community for--
       ``(i) pay and benefits of officers and employees of such 
     element;
       ``(ii) other operating and support costs and minor 
     acquisitions of such element;
       ``(iii) research and technology required by such element;
       ``(iv) current and planned major system acquisitions for 
     such element;
       ``(v) any future major system acquisitions for such 
     element; and
       ``(vi) any additional funding projections that the Director 
     of National Intelligence considers appropriate;
       ``(B) a budget projection based on effective cost and 
     schedule execution of current or planned major system 
     acquisitions and application of Office of Management and 
     Budget inflation estimates to future major system 
     acquisitions;
       ``(C) any additional assumptions and projections that the 
     Director of National Intelligence considers appropriate; and
       ``(D) a description of whether, and to what extent, the 
     total projection for each year exceeds the level that would 
     result from applying the most recent Office of Management and 
     Budget inflation estimate to the budget of that element of 
     the intelligence community.
       ``(c) Submission to Congress.--The Director of National 
     Intelligence, with the concurrence of the Director of the 
     Office of Management and Budget, shall submit to the 
     congressional intelligence committees each Future Year 
     Intelligence Plan or Long-term Budget Projection required 
     under subsection (a) or (b) for a fiscal year at the time 
     that the President submits to Congress the budget for such 
     fiscal year pursuant section 1105 of title 31, United States 
     Code.
       ``(d) Major System Affordability Report.--(1) The Director 
     of National Intelligence, with the concurrence of the 
     Director of the Office of Management and Budget, shall 
     prepare a report on the acquisition of a major system funded 
     under the National Intelligence Program before the time that 
     the President submits to Congress the budget for the first 
     fiscal year in which appropriated funds are anticipated to be 
     obligated for the development or procurement of such major 
     system.
       ``(2) The report on such major system shall include an 
     assessment of whether, and to what extent, such acquisition, 
     if developed, procured, and operated, is projected to cause 
     an increase in the most recent Future Year Intelligence Plan 
     and Long-term Budget Projection submitted under section 506G 
     for an element of the intelligence community.
       ``(3) The Director of National Intelligence shall update 
     the report whenever an independent cost estimate must be 
     updated pursuant to section 506A(a)(4).
       ``(4) The Director of National Intelligence shall submit 
     each report required by this subsection at the time that the 
     President submits to Congress the budget for a fiscal year 
     pursuant to section 1105 of title 31, United States Code.
       ``(e) Definitions.--In this section:
       ``(1) Budget year.--The term `budget year' means the next 
     fiscal year for which the President is required to submit to 
     Congress a budget pursuant to section 1105 of title 31, 
     United States Code.
       ``(2) Independent cost estimate; major system.--The terms 
     `independent cost estimate' and `major system' have the 
     meaning given those terms in section 506A(e).''.
       (b) Applicability Date.--The first Future Year Intelligence 
     Plan and Long-term Budget Projection required to be submitted 
     under subsection (a) and (b) of section 506G of the National 
     Security Act of 1947, as added by subsection (a), shall be 
     submitted to the congressional intelligence committees at the 
     time that the President submits to Congress the budget for 
     fiscal year 2012 pursuant to section 1105 of title 31, United 
     States Code.
       (c) Conforming Amendments.--
       (1) Table of contents amendment.--The table of contents in 
     the first section of that Act, as amended by section 324 of 
     this Act, is further amended by inserting after the items 
     relating to section 506F, as added by section 324(b), the 
     following new item:

``Sec. 506G. Future budget projections.''.
       (2) Repeal of duplicative provision.--Section 8104 of the 
     Department of Defense Appropriations Act, 2010 (50 U.S.C. 
     415a-3; Public Law 111-118; 123 Stat. 3451) is repealed.

[[Page S6777]]

     SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS.

       Subsection (n) of section 102A of the National Security Act 
     of 1947 (50 U.S.C. 403-1) is amended by adding at the end the 
     following new paragraph:
       ``(4)(A) In addition to the authority referred to in 
     paragraph (1), the Director of National Intelligence may 
     authorize the head of an element of the intelligence 
     community to exercise an acquisition authority referred to in 
     section 3 or 8(a) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by such 
     element that is more than 50 percent funded under the 
     National Intelligence Program.
       ``(B) The head of an element of the intelligence community 
     may not exercise an authority referred to in subparagraph (A) 
     until--
       ``(i) the head of such element (without delegation) submits 
     to the Director of National Intelligence a written request 
     that includes--
       ``(I) a description of such authority requested to be 
     exercised;
       ``(II) an explanation of the need for such authority, 
     including an explanation of the reasons that other 
     authorities are insufficient; and
       ``(III) a certification that the mission of such element 
     would be--
       ``(aa) impaired if such authority is not exercised; or
       ``(bb) significantly and measurably enhanced if such 
     authority is exercised; and
       ``(ii) the Director of National Intelligence issues a 
     written authorization that includes--
       ``(I) a description of the authority referred to in 
     subparagraph (A) that is authorized to be exercised; and
       ``(II) a justification to support the exercise of such 
     authority.
       ``(C) A request and authorization to exercise an authority 
     referred to in subparagraph (A) may be made with respect to 
     an individual acquisition or with respect to a specific class 
     of acquisitions described in the request and authorization 
     referred to in subparagraph (B).
       ``(D)(i) A request from a head of an element of the 
     intelligence community located within one of the departments 
     described in clause (ii) to exercise an authority referred to 
     in subparagraph (A) shall be submitted to the Director of 
     National Intelligence in accordance with any procedures 
     established by the head of such department.
       ``(ii) The departments described in this clause are the 
     Department of Defense, the Department of Energy, the 
     Department of Homeland Security, the Department of Justice, 
     the Department of State, and the Department of the Treasury.
       ``(E)(i) The head of an element of the intelligence 
     community may not be authorized to utilize an authority 
     referred to in subparagraph (A) for a class of acquisitions 
     for a period of more than 3 years, except that the Director 
     of National Intelligence (without delegation) may authorize 
     the use of such an authority for not more than 6 years.
       ``(ii) Each authorization to utilize an authority referred 
     to in subparagraph (A) may be extended in accordance with the 
     requirements of subparagraph (B) for successive periods of 
     not more than 3 years, except that the Director of National 
     Intelligence (without delegation) may authorize an extension 
     period of not more than 6 years.
       ``(F) Subject to clauses (i) and (ii) of subparagraph (E), 
     the Director of National Intelligence may only delegate the 
     authority of the Director under subparagraphs (A) through (E) 
     to the Principal Deputy Director of National Intelligence or 
     a Deputy Director of National Intelligence.
       ``(G) The Director of National Intelligence shall submit--
       ``(i) to the congressional intelligence committees a 
     notification of an authorization to exercise an authority 
     referred to in subparagraph (A) or an extension of such 
     authorization that includes the written authorization 
     referred to in subparagraph (B)(ii); and
       ``(ii) to the Director of the Office of Management and 
     Budget a notification of an authorization to exercise an 
     authority referred to in subparagraph (A) for an acquisition 
     or class of acquisitions that will exceed $50,000,000 
     annually.
       ``(H) Requests and authorizations to exercise an authority 
     referred to in subparagraph (A) shall remain available within 
     the Office of the Director of National Intelligence for a 
     period of at least 6 years following the date of such request 
     or authorization.
       ``(I) Nothing in this paragraph may be construed to alter 
     or otherwise limit the authority of the Central Intelligence 
     Agency to independently exercise an authority under section 3 
     or 8(a) of the Central Intelligence Agency Act of 1949 (50 
     U.S.C. 403c and 403j(a)).''.

        Subtitle D--Congressional Oversight, Plans, and Reports

     SEC. 331. NOTIFICATION PROCEDURES.

       (a) Procedures.--Section 501(c) of the National Security 
     Act of 1947 (50 U.S.C. 413(c)) is amended by striking ``such 
     procedures'' and inserting ``such written procedures''.
       (b) Intelligence Activities.--Section 502(a)(2) of such Act 
     (50 U.S.C. 413a(a)(2)) is amended by inserting ``(including 
     the legal basis under which the intelligence activity is 
     being or was conducted)'' after ``concerning intelligence 
     activities''.
       (c) Covert Actions.--Section 503 of such Act (50 U.S.C. 
     413b) is amended--
       (1) in subsection (b)(2), by inserting ``(including the 
     legal basis under which the covert action is being or was 
     conducted)'' after ``concerning covert actions'';
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``in writing'' after 
     ``be reported'';
       (B) in paragraph (4), by striking ``committee. When'' and 
     inserting the following: ``committee.
       ``(5) When''; and
       (C) in paragraph (5), as designated by subparagraph (B)--
       (i) by inserting ``, or a notice provided under subsection 
     (d)(1),'' after ``access to a finding''; and
       (ii) by inserting ``written'' before ``statement'';
       (3) in subsection (d)--
       (A) by striking ``(d) The President'' and inserting 
     ``(d)(1) The President'';
       (B) in paragraph (1), as designated by subparagraph (A), by 
     inserting ``in writing'' after ``notified''; and
       (C) by adding at the end the following new paragraph:
       ``(2) In determining whether an activity constitutes a 
     significant undertaking for purposes of paragraph (1), the 
     President shall consider whether the activity--
       ``(A) involves significant risk of loss of life;
       ``(B) requires an expansion of existing authorities, 
     including authorities relating to research, development, or 
     operations;
       ``(C) results in the expenditure of significant funds or 
     other resources;
       ``(D) requires notification under section 504;
       ``(E) gives rise to a significant risk of disclosing 
     intelligence sources or methods; or
       ``(F) presents a reasonably foreseeable risk of serious 
     damage to the diplomatic relations of the United States if 
     such activity were disclosed without authorization.''; and
       (4) by adding at the end the following new subsection:
       ``(g) The President shall maintain--
       ``(1) a record of the Members of Congress to whom 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
       ``(2) each written statement provided under subsection 
     (c)(5).''.

     SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT 
                   REQUIREMENTS.

       (a) In General.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by section 325 of 
     this Act, is further amended by adding at the end the 
     following new section:


       ``certification of compliance with oversight requirements

       ``Sec. 508. The head of each element of the intelligence 
     community shall annually submit to the congressional 
     intelligence committees--
       ``(1) a certification that, to the best of the knowledge of 
     the head of such element--
       ``(A) the head of such element is in full compliance with 
     the requirements of this title; and
       ``(B) any information required to be submitted by the head 
     of such element under this Act before the date of the 
     submission of such certification has been properly submitted; 
     or
       ``(2) if the head of such element is unable to submit a 
     certification under paragraph (1), a statement--
       ``(A) of the reasons the head of such element is unable to 
     submit such a certification;
       ``(B) describing any information required to be submitted 
     by the head of such element under this Act before the date of 
     the submission of such statement that has not been properly 
     submitted; and
       ``(C) that the head of such element will submit such 
     information as soon as possible after the submission of such 
     statement.''.
       (b) Applicability Date.--The first certification or 
     statement required to be submitted by the head of each 
     element of the intelligence community under section 508 of 
     the National Security Act of 1947, as added by subsection 
     (a), shall be submitted not later than 90 days after the date 
     of the enactment of this Act.
       (c) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947, as 
     amended by section 325 of this Act, is further amended by 
     inserting after the item related to section 507 the following 
     new item:

``Sec. 508. Certification of compliance with oversight requirements.''.

     SEC. 333. REPORT ON DETENTION AND INTERROGATION ACTIVITIES.

       (a) Requirement for Report.--Not later than December 1, 
     2010, the Director of National Intelligence, in coordination 
     with the Attorney General and the Secretary of Defense, shall 
     submit to the congressional intelligence committees a 
     comprehensive report containing--
       (1) the policies and procedures of the United States 
     Government governing participation by an element of the 
     intelligence community in the interrogation of individuals 
     detained by the United States who are suspected of 
     international terrorism with the objective, in whole or in 
     part, of acquiring national intelligence, including such 
     policies and procedures of each appropriate element of the 
     intelligence community or interagency body established to 
     carry out interrogation;
       (2) the policies and procedures relating to any detention 
     by the Central Intelligence Agency of such individuals in 
     accordance with Executive Order 13491;
       (3) the legal basis for the policies and procedures 
     referred to in paragraphs (1) and (2);

[[Page S6778]]

       (4) the training and research to support the policies and 
     procedures referred to in paragraphs (1) and (2); and
       (5) any action that has been taken to implement section 
     1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-
     1).
       (b) Other Submission of Report.--
       (1) Congressional armed services committees.--To the extent 
     that the report required by subsection (a) addresses an 
     element of the intelligence community within the Department 
     of Defense, the Director of National Intelligence, in 
     consultation with the Secretary of Defense, shall submit that 
     portion of the report, and any associated material that is 
     necessary to make that portion understandable, to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives. The 
     Director of National Intelligence may authorize redactions of 
     the report and any associated materials submitted pursuant to 
     this paragraph, if such redactions are consistent with the 
     protection of sensitive intelligence sources and methods.
       (2) Congressional judiciary committees.--To the extent that 
     the report required by subsection (a) addresses an element of 
     the intelligence community within the Department of Justice, 
     the Director of National Intelligence, in consultation with 
     the Attorney General, shall submit that portion of the 
     report, and any associated material that is necessary to make 
     that portion understandable, to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives. The Director of National 
     Intelligence may authorize redactions of the report and any 
     associated materials submitted pursuant to this paragraph, if 
     such redactions are consistent with the protection of 
     sensitive intelligence sources and methods.
       (c) Form of Submissions.--Any submission required under 
     this section may be submitted in classified form.

     SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TERRORIST 
                   RECIDIVISM OF DETAINEES HELD AT UNITED STATES 
                   NAVAL STATION, GUANTANAMO BAY, CUBA.

       Not later than 60 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Director of the Central Intelligence 
     Agency and the Director of the Defense Intelligence Agency, 
     shall make publicly available an unclassified summary of--
       (1) intelligence relating to recidivism of detainees 
     currently or formerly held at the Naval Detention Facility at 
     Guantanamo Bay, Cuba, by the Department of Defense; and
       (2) an assessment of the likelihood that such detainees 
     will engage in terrorism or communicate with persons in 
     terrorist organizations.

     SEC. 335. REPORT AND STRATEGIC PLAN ON BIOLOGICAL WEAPONS.

       (a) Requirement for Report.--Not later than 180 days after 
     the date of the enactment of this Act, the Director of 
     National Intelligence shall submit to the congressional 
     intelligence committees a report on--
       (1) the intelligence collection efforts of the United 
     States dedicated to assessing the threat from biological 
     weapons from state, nonstate, or rogue actors, either foreign 
     or domestic; and
       (2) efforts to protect the biodefense knowledge and 
     infrastructure of the United States.
       (b) Content.--The report required by subsection (a) shall 
     include--
       (1) an assessment of the intelligence collection efforts of 
     the United States dedicated to detecting the development or 
     use of biological weapons by state, nonstate, or rogue 
     actors, either foreign or domestic;
       (2) information on fiscal, human, technical, open-source, 
     and other intelligence collection resources of the United 
     States dedicated for use to detect or protect against the 
     threat of biological weapons;
       (3) an assessment of any problems that may reduce the 
     overall effectiveness of United States intelligence 
     collection and analysis to identify and protect biological 
     weapons targets, including--
       (A) intelligence collection gaps or inefficiencies;
       (B) inadequate information sharing practices; or
       (C) inadequate cooperation among departments or agencies of 
     the United States;
       (4) a strategic plan prepared by the Director of National 
     Intelligence, in coordination with the Attorney General, the 
     Secretary of Defense, and the Secretary of Homeland Security, 
     that provides for actions for the appropriate elements of the 
     intelligence community to close important intelligence gaps 
     related to biological weapons;
       (5) a description of appropriate goals, schedules, 
     milestones, or metrics to measure the long-term effectiveness 
     of actions implemented to carry out the plan described in 
     paragraph (4); and
       (6) any long-term resource and human capital issues related 
     to the collection of intelligence regarding biological 
     weapons, including any recommendations to address shortfalls 
     of experienced and qualified staff possessing relevant 
     scientific, language, and technical skills.
       (c) Implementation of Strategic Plan.--Not later than 30 
     days after the date on which the Director of National 
     Intelligence submits the report required by subsection (a), 
     the Director shall begin implementation of the strategic plan 
     referred to in subsection (b)(4).

     SEC. 336. CYBERSECURITY OVERSIGHT.

       (a) Notification of Cybersecurity Programs.--
       (1) Requirement for notification.--
       (A) Existing programs.--Not later than 30 days after the 
     date of the enactment of this Act, the President shall submit 
     to Congress a notification for each cybersecurity program in 
     operation on such date that includes the documentation 
     referred to in subparagraphs (A) through (F) of paragraph 
     (2).
       (B) New programs.--Not later than 30 days after the date of 
     the commencement of operations of a new cybersecurity 
     program, the President shall submit to Congress a 
     notification of such commencement that includes the 
     documentation referred to in subparagraphs (A) through (F) of 
     paragraph (2).
       (2) Documentation.--A notification required by paragraph 
     (1) for a cybersecurity program shall include--
       (A) the legal basis for the cybersecurity program;
       (B) the certification, if any, made pursuant to section 
     2511(2)(a)(ii)(B) of title 18, United States Code, or other 
     statutory certification of legality for the cybersecurity 
     program;
       (C) the concept for the operation of the cybersecurity 
     program that is approved by the head of the appropriate 
     department or agency of the United States;
       (D) the assessment, if any, of the privacy impact of the 
     cybersecurity program prepared by the privacy or civil 
     liberties protection officer or comparable officer of such 
     department or agency;
       (E) the plan, if any, for independent audit or review of 
     the cybersecurity program to be carried out by the head of 
     such department or agency, in conjunction with the 
     appropriate inspector general; and
       (F) recommendations, if any, for legislation to improve the 
     capabilities of the United States Government to protect the 
     cybersecurity of the United States.
       (b) Program Reports.--
       (1) Requirement for reports.--The head of a department or 
     agency of the United States with responsibility for a 
     cybersecurity program for which a notification was submitted 
     under subsection (a), in consultation with the inspector 
     general for that department or agency, shall submit to 
     Congress and the President a report on such cybersecurity 
     program that includes--
       (A) the results of any audit or review of the cybersecurity 
     program carried out under the plan referred to in subsection 
     (a)(2)(E), if any; and
       (B) an assessment of whether the implementation of the 
     cybersecurity program--
       (i) is in compliance with--

       (I) the legal basis referred to in subsection (a)(2)(A); 
     and
       (II) an assessment referred to in subsection (a)(2)(D), if 
     any;

       (ii) is adequately described by the concept of operation 
     referred to in subsection (a)(2)(C); and
       (iii) includes an adequate independent audit or review 
     system and whether improvements to such independent audit or 
     review system are necessary.
       (2) Schedule for submission of reports.--
       (A) Existing programs.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter, 
     the head of a department or agency of the United States with 
     responsibility for a cybersecurity program for which a 
     notification is required to be submitted under subsection 
     (a)(1)(A) shall submit a report required under paragraph (1).
       (B) New programs.--Not later than 120 days after the date 
     on which a certification is submitted under subsection 
     (a)(1)(B), and annually thereafter, the head of a department 
     or agency of the United States with responsibility for the 
     cybersecurity program for which such certification is 
     submitted shall submit a report required under paragraph (1).
       (3) Cooperation and coordination.--
       (A) Cooperation.--The head of each department or agency of 
     the United States required to submit a report under paragraph 
     (1) for a particular cybersecurity program, and the inspector 
     general of each such department or agency, shall, to the 
     extent practicable, work in conjunction with any other such 
     head or inspector general required to submit such a report 
     for such cybersecurity program.
       (B) Coordination.--The heads of all of the departments and 
     agencies of the United States required to submit a report 
     under paragraph (1) for a particular cybersecurity program 
     shall designate one such head to coordinate the conduct of 
     the reports on such program.
       (c) Information Sharing Report.--Not later than one year 
     after the date of the enactment of this Act, the Inspector 
     General of the Department of Homeland Security and the 
     Inspector General of the Intelligence Community shall jointly 
     submit to Congress and the President a report on the status 
     of the sharing of cyber-threat information, including--
       (1) a description of how cyber-threat intelligence 
     information, including classified information, is shared 
     among the agencies and departments of the United States and 
     with persons responsible for critical infrastructure;
       (2) a description of the mechanisms by which classified 
     cyber-threat information is distributed;
       (3) an assessment of the effectiveness of cyber-threat 
     information sharing and distribution; and
       (4) any other matters identified by either Inspector 
     General that would help to fully

[[Page S6779]]

     inform Congress or the President regarding the effectiveness 
     and legality of cybersecurity programs.
       (d) Personnel Details.--
       (1) Authority to detail.--Notwithstanding any other 
     provision of law, the head of an element of the intelligence 
     community that is funded through the National Intelligence 
     Program may detail an officer or employee of such element to 
     the National Cyber Investigative Joint Task Force or to the 
     Department of Homeland Security to assist the Task Force or 
     the Department with cybersecurity, as jointly agreed by the 
     head of such element and the Task Force or the Department.
       (2) Basis for detail.--A personnel detail made under 
     paragraph (1) may be made--
       (A) for a period of not more than three years; and
       (B) on a reimbursable or nonreimbursable basis.
       (e) Additional Plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a plan for recruiting, 
     retaining, and training a highly-qualified cybersecurity 
     intelligence community workforce to secure the networks of 
     the intelligence community. Such plan shall include--
       (1) an assessment of the capabilities of the current 
     workforce;
       (2) an examination of issues of recruiting, retention, and 
     the professional development of such workforce, including the 
     possibility of providing retention bonuses or other forms of 
     compensation;
       (3) an assessment of the benefits of outreach and training 
     with both private industry and academic institutions with 
     respect to such workforce;
       (4) an assessment of the impact of the establishment of the 
     Department of Defense Cyber Command on such workforce;
       (5) an examination of best practices for making the 
     intelligence community workforce aware of cybersecurity best 
     practices and principles; and
       (6) strategies for addressing such other matters as the 
     Director of National Intelligence considers necessary to the 
     cybersecurity of the intelligence community.
       (f) Report on Guidelines and Legislation To Improve 
     Cybersecurity of the United States.--
       (1) Initial.--Not later than one year after the date of the 
     enactment of this Act, the Director of National Intelligence, 
     in coordination with the Attorney General, the Director of 
     the National Security Agency, the White House Cybersecurity 
     Coordinator, and any other officials the Director of National 
     Intelligence considers appropriate, shall submit to Congress 
     a report containing guidelines or legislative 
     recommendations, if appropriate, to improve the capabilities 
     of the intelligence community and law enforcement agencies to 
     protect the cybersecurity of the United States. Such report 
     shall include guidelines or legislative recommendations on--
       (A) improving the ability of the intelligence community to 
     detect hostile actions and attribute attacks to specific 
     parties;
       (B) the need for data retention requirements to assist the 
     intelligence community and law enforcement agencies;
       (C) improving the ability of the intelligence community to 
     anticipate nontraditional targets of foreign intelligence 
     services; and
       (D) the adequacy of existing criminal statutes to 
     successfully deter cyber attacks, including statutes 
     criminalizing the facilitation of criminal acts, the scope of 
     laws for which a cyber crime constitutes a predicate offense, 
     trespassing statutes, data breach notification requirements, 
     and victim restitution statutes.
       (2) Subsequent.--Not later than one year after the date on 
     which the initial report is submitted under paragraph (1), 
     and annually thereafter for two years, the Director of 
     National Intelligence, in consultation with the Attorney 
     General, the Director of the National Security Agency, the 
     White House Cybersecurity Coordinator, and any other 
     officials the Director of National Intelligence considers 
     appropriate, shall submit to Congress an update of the report 
     required under paragraph (1).
       (g) Sunset.--The requirements and authorities of 
     subsections (a) through (e) shall terminate on December 31, 
     2013.
       (h) Definitions.--In this section:
       (1) Cybersecurity program.--The term ``cybersecurity 
     program'' means a class or collection of similar 
     cybersecurity operations of a department or agency of the 
     United States that involves personally identifiable data that 
     is--
       (A) screened by a cybersecurity system outside of the 
     department or agency of the United States that was the 
     intended recipient of the personally identifiable data;
       (B) transferred, for the purpose of cybersecurity, outside 
     the department or agency of the United States that was the 
     intended recipient of the personally identifiable data; or
       (C) transferred, for the purpose of cybersecurity, to an 
     element of the intelligence community.
       (2) National cyber investigative joint task force.--The 
     term ``National Cyber Investigative Joint Task Force'' means 
     the multiagency cyber investigation coordination organization 
     overseen by the Director of the Federal Bureau of 
     Investigation known as the National Cyber Investigative Joint 
     Task Force that coordinates, integrates, and provides 
     pertinent information related to cybersecurity 
     investigations.
       (3) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given that term in section 
     1016 of the USA PATRIOT Act (42 U.S.C. 5195c).

     SEC. 337. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE 
                   INTELLIGENCE COMMUNITY.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, and biennially thereafter for four 
     years, the Director of National Intelligence shall submit to 
     the congressional intelligence committees and the Committees 
     on Armed Services of the House of Representatives and the 
     Senate a report on the proficiency in foreign languages and, 
     as appropriate, in foreign dialects, of each element of the 
     intelligence community, including--
       (1) the number of positions authorized for such element 
     that require foreign language proficiency and a description 
     of the level of proficiency required;
       (2) an estimate of the number of such positions that such 
     element will require during the five-year period beginning on 
     the date of the submission of the report;
       (3) the number of positions authorized for such element 
     that require foreign language proficiency that are filled 
     by--
       (A) military personnel; and
       (B) civilian personnel;
       (4) the number of applicants for positions in such element 
     in the preceding fiscal year that indicated foreign language 
     proficiency, including the foreign language indicated and the 
     proficiency level;
       (5) the number of persons hired by such element with 
     foreign language proficiency, including the foreign language 
     and a description of the proficiency level of such persons;
       (6) the number of personnel of such element currently 
     attending foreign language training, including the provider 
     of such training;
       (7) a description of the efforts of such element to 
     recruit, hire, train, and retain personnel that are 
     proficient in a foreign language;
       (8) an assessment of methods and models for basic, 
     advanced, and intensive foreign language training utilized by 
     such element;
       (9) for each foreign language and, as appropriate, dialect 
     of a foreign language--
       (A) the number of positions of such element that require 
     proficiency in the foreign language or dialect;
       (B) the number of personnel of such element that are 
     serving in a position that requires proficiency in the 
     foreign language or dialect to perform the primary duty of 
     the position;
       (C) the number of personnel of such element that are 
     serving in a position that does not require proficiency in 
     the foreign language or dialect to perform the primary duty 
     of the position;
       (D) the number of personnel of such element rated at each 
     level of proficiency of the Interagency Language Roundtable;
       (E) whether the number of personnel at each level of 
     proficiency of the Interagency Language Roundtable meets the 
     requirements of such element;
       (F) the number of personnel serving or hired to serve as 
     linguists for such element that are not qualified as 
     linguists under the standards of the Interagency Language 
     Roundtable;
       (G) the number of personnel hired to serve as linguists for 
     such element during the preceding calendar year;
       (H) the number of personnel serving as linguists that 
     discontinued serving such element during the preceding 
     calendar year;
       (I) the percentage of work requiring linguistic skills that 
     is fulfilled by a foreign country, international 
     organization, or other foreign entity; and
       (J) the percentage of work requiring linguistic skills that 
     is fulfilled by contractors;
       (10) an assessment of the foreign language capacity and 
     capabilities of the intelligence community as a whole;
       (11) an identification of any critical gaps in foreign 
     language proficiency with respect to such element and 
     recommendations for eliminating such gaps;
       (12) recommendations, if any, for eliminating required 
     reports relating to foreign-language proficiency that the 
     Director of National Intelligence considers outdated or no 
     longer relevant; and
       (13) an assessment of the feasibility of employing foreign 
     nationals lawfully present in the United States who have 
     previously worked as translators or interpreters for the 
     Armed Forces or another department or agency of the United 
     States Government in Iraq or Afghanistan to meet the critical 
     language needs of such element.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 338. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE 
                   INTELLIGENCE COMMUNITY.

       (a) Requirement for Report.--Not later than one year after 
     the date of the enactment of this Act, the Director of 
     National Intelligence, in coordination with the head of each 
     element of the intelligence community, shall submit to the 
     congressional intelligence committees a report on the plans 
     of each such element to increase diversity within the 
     intelligence community.
       (b) Content.--The report required by subsection (a) shall 
     include specific implementation plans to increase diversity 
     within each element of the intelligence community, 
     including--

[[Page S6780]]

       (1) specific implementation plans for each such element 
     designed to achieve the goals articulated in the strategic 
     plan of the Director of National Intelligence on equal 
     employment opportunity and diversity;
       (2) specific plans and initiatives for each such element to 
     increase recruiting and hiring of diverse candidates;
       (3) specific plans and initiatives for each such element to 
     improve retention of diverse Federal employees at the junior, 
     midgrade, senior, and management levels;
       (4) a description of specific diversity awareness training 
     and education programs for senior officials and managers of 
     each such element; and
       (5) a description of performance metrics to measure the 
     success of carrying out the plans, initiatives, and programs 
     described in paragraphs (1) through (4).
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 339. REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.

       (a) Requirement for Report.--Not later than February 1, 
     2011, the Director of National Intelligence shall submit to 
     the congressional intelligence committees and the Committees 
     on Armed Services of the House of Representatives and the 
     Senate a report describing the use of personal services 
     contracts across the intelligence community, the impact of 
     the use of such contracts on the intelligence community 
     workforce, plans for conversion of contractor employment into 
     United States Government employment, and the accountability 
     mechanisms that govern the performance of such personal 
     services contracts.
       (b) Content.--
       (1) In general.--The report submitted under subsection (a) 
     shall include--
       (A) a description of any relevant regulations or guidance 
     issued by the Director of National Intelligence or the head 
     of an element of the intelligence community and in effect as 
     of February 1, 2011, relating to minimum standards required 
     regarding the hiring, training, security clearance, and 
     assignment of contract personnel and how those standards may 
     differ from those for United States Government employees 
     performing substantially similar functions;
       (B) an identification of contracts in effect during the 
     preceding fiscal year under which the contractor is 
     performing substantially similar functions to a United States 
     Government employee;
       (C) an assessment of costs incurred or savings achieved 
     during the preceding fiscal year by awarding contracts for 
     the performance of such functions referred to in subparagraph 
     (B) instead of using full-time employees of the elements of 
     the intelligence community to perform such functions;
       (D) an assessment of the appropriateness of using 
     contractors to perform the activities described in paragraph 
     (2);
       (E) an estimate of the number of contracts, and the number 
     of personnel working under such contracts, related to the 
     performance of activities described in paragraph (2);
       (F) a comparison of the compensation of contract employees 
     and United States Government employees performing 
     substantially similar functions during the preceding fiscal 
     year;
       (G) an analysis of the attrition of United States 
     Government employees for contractor positions that provide 
     substantially similar functions during the preceding fiscal 
     year;
       (H) a description of positions that have been or will be 
     converted from contractor employment to United States 
     Government employment during fiscal years 2011 and 2012;
       (I) an analysis of the oversight and accountability 
     mechanisms applicable to personal services contracts awarded 
     for intelligence activities by each element of the 
     intelligence community during fiscal years 2009 and 2010;
       (J) an analysis of procedures in use in the intelligence 
     community as of February 1, 2011, for conducting oversight of 
     contractors to ensure identification and prosecution of 
     criminal violations, financial waste, fraud, or other abuses 
     committed by contractors or contract personnel; and
       (K) an identification of best practices for oversight and 
     accountability mechanisms applicable to personal services 
     contracts.
       (2) Activities.--Activities described in this paragraph are 
     the following:
       (A) Intelligence collection.
       (B) Intelligence analysis.
       (C) Covert actions, including rendition, detention, and 
     interrogation activities.

     SEC. 340. STUDY ON ELECTRONIC WASTE DESTRUCTION PRACTICES OF 
                   THE INTELLIGENCE COMMUNITY.

       (a) Study.--The Inspector General of the Intelligence 
     Community shall conduct a study on the electronic waste 
     destruction practices of the intelligence community. Such 
     study shall assess--
       (1) the security of the electronic waste disposal practices 
     of the intelligence community, including the potential for 
     counterintelligence exploitation of destroyed, discarded, or 
     recycled materials;
       (2) the environmental impact of such disposal practices; 
     and
       (3) methods to improve the security and environmental 
     impact of such disposal practices, including steps to prevent 
     the forensic exploitation of electronic waste.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Inspector General of the 
     Intelligence Community shall submit to the congressional 
     intelligence committees a report containing the results of 
     the study conducted under subsection (a).

     SEC. 341. REVIEW OF RECORDS RELATING TO POTENTIAL HEALTH 
                   RISKS AMONG DESERT STORM VETERANS.

       (a) Review.--The Director of the Central Intelligence 
     Agency shall conduct a classification review of the records 
     of the Agency that are relevant to the known or potential 
     health effects suffered by veterans of Operation Desert Storm 
     as described in the November 2008, report by the Department 
     of Veterans Affairs Research Advisory Committee on Gulf War 
     Veterans' Illnesses.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Director of the Central 
     Intelligence Agency shall submit to Congress the results of 
     the classification review conducted under subsection (a), 
     including the total number of records of the Agency that are 
     relevant.
       (c) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 342. REVIEW OF FEDERAL BUREAU OF INVESTIGATION EXERCISE 
                   OF ENFORCEMENT JURISDICTION IN FOREIGN NATIONS.

       Not later than 120 days after the date of the enactment of 
     this Act, the Director of the Federal Bureau of 
     Investigation, in consultation with the Secretary of State, 
     shall submit to Congress a review of constraints under 
     international law and the laws of foreign nations to the 
     assertion of enforcement jurisdiction with respect to 
     criminal investigations of terrorism offenses under the laws 
     of the United States conducted by agents of the Federal 
     Bureau of Investigation in foreign nations and using funds 
     made available for the National Intelligence Program, 
     including constraints identified in section 432 of the 
     Restatement (Third) of the Foreign Relations Law of the 
     United States.

     SEC. 343. PUBLIC RELEASE OF INFORMATION ON PROCEDURES USED IN 
                   NARCOTICS AIRBRIDGE DENIAL PROGRAM IN PERU.

       Not later than 30 days after the date of the enactment of 
     this Act, the Director of the Central Intelligence Agency 
     shall make publicly available an unclassified version of the 
     report of the Inspector General of the Central Intelligence 
     Agency entitled ``Procedures Used in Narcotics Airbridge 
     Denial Program in Peru, 1995-2001'', dated August 25, 2008.

     SEC. 344. REPORT ON THREAT FROM DIRTY BOMBS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Nuclear Regulatory Commission, shall 
     submit to Congress a report summarizing intelligence related 
     to the threat to the United States from weapons that use 
     radiological materials, including highly dispersible 
     substances such as cesium-137.

     SEC. 345. REPORT ON CREATION OF SPACE INTELLIGENCE OFFICE.

       Not later than 60 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to Congress a report on the feasibility and advisability of 
     creating a national space intelligence office to manage 
     space-related intelligence assets and access to such assets.

     SEC. 346. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE DEVICE ON 
                   NORTHWEST AIRLINES FLIGHT 253.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to Congress a report on the attempt to detonate an explosive 
     device aboard Northwest Airlines flight number 253 on 
     December 25, 2009. Such report shall describe the failures, 
     if any, to share or analyze intelligence or other information 
     and the measures that the intelligence community has taken or 
     will take to prevent such failures, including--
       (1) a description of the roles and responsibilities of the 
     counterterrorism analytic components of the intelligence 
     community in synchronizing, correlating, and analyzing all 
     sources of intelligence related to terrorism;
       (2) an assessment of the technological capabilities of the 
     United States Government to assess terrorist threats, 
     including--
       (A) a list of all databases used by counterterrorism 
     analysts;
       (B) a description of the steps taken by the intelligence 
     community to integrate all relevant terrorist databases and 
     allow for cross-database searches;
       (C) a description of the steps taken by the intelligence 
     community to correlate biographic information with terrorism-
     related intelligence; and
       (D) a description of the improvements to information 
     technology needed to enable the United States Government to 
     better share information;
       (3) any recommendations that the Director considers 
     appropriate for legislation to improve the sharing of 
     intelligence or information relating to terrorists;
       (4) a description of the steps taken by the intelligence 
     community to train analysts on watchlisting processes and 
     procedures;
       (5) a description of the manner in which watchlisting 
     information is entered, reviewed, searched, analyzed, and 
     acted upon by the relevant elements of the United States 
     Government;
       (6) a description of the steps the intelligence community 
     is taking to enhance the rigor and raise the standard of 
     tradecraft of intelligence analysis related to uncovering and 
     preventing terrorist plots;
       (7) a description of the processes and procedures by which 
     the intelligence community

[[Page S6781]]

     prioritizes terrorism threat leads and the standards used by 
     elements of the intelligence community to determine if 
     follow-up action is appropriate;
       (8) a description of the steps taken to enhance record 
     information on possible terrorists in the Terrorist 
     Identities Datamart Environment;
       (9) an assessment of how to meet the challenge associated 
     with exploiting the ever-increasing volume of information 
     available to the intelligence community; and
       (10) a description of the steps the intelligence community 
     has taken or will take to respond to any findings and 
     recommendations of the congressional intelligence committees, 
     with respect to any such failures, that have been transmitted 
     to the Director of National Intelligence.

     SEC. 347. REPEAL OR MODIFICATION OF CERTAIN REPORTING 
                   REQUIREMENTS.

       (a) Annual Report on Intelligence.--Section 109 of the 
     National Security Act of 1947 (50 U.S.C. 404d) is repealed.
       (b) Annual and Special Reports on Intelligence Sharing With 
     the United Nations.--Section 112 of the National Security Act 
     of 1947 (50 U.S.C. 404g) is amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively.
       (c) Annual Report on Progress in Auditable Financial 
     Statements.--Section 114A of the National Security Act of 
     1947 (50 U.S.C. 404i-1) is repealed.
       (d) Report on Financial Intelligence on Terrorist Assets.--
     Section 118 of the National Security Act of 1947 (50 U.S.C. 
     404m) is amended--
       (1) in the heading, by striking ``semiannual'' and 
     inserting ``annual'';
       (2) in subsection (a)--
       (A) in the heading, by striking ``Semiannual'' and 
     inserting ``Annual'';
       (B) in the matter preceding paragraph (1)--
       (i) by striking ``semiannual basis'' and inserting ``annual 
     basis''; and
       (ii) by striking ``preceding six-month period'' and 
     inserting ``preceding one-year period'';
       (C) by striking paragraph (2); and
       (D) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (3) in subsection (d)--
       (A) in paragraph (1), by inserting ``the Committee on Armed 
     Services,'' after ``the Committee on Appropriations,''; and
       (B) in paragraph (2), by inserting ``the Committee on Armed 
     Services,'' after ``the Committee on Appropriations,''.
       (e) Annual Certification on Counterintelligence 
     Initiatives.--Section 1102(b) of the National Security Act of 
     1947 (50 U.S.C. 442a(b)) is amended--
       (1) by striking ``(1)''; and
       (2) by striking paragraph (2).
       (f) Report and Certification Under Terrorist Identification 
     Classification System.--Section 343 of the Intelligence 
     Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is 
     amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (d), (e), (f), and (g), respectively.
       (g) Annual Report on Counterdrug Intelligence Matters.--
     Section 826 of the Intelligence Authorization Act for Fiscal 
     Year 2003 (Public Law 107-306; 21 U.S.C. 873 note) is 
     repealed.
       (h) Biennial Report on Foreign Industrial Espionage.--
     Subsection (b) of section 809 of the Intelligence 
     Authorization Act for Fiscal Year 1995 (50 U.S.C. App. 2170b) 
     is amended--
       (1) in the heading, by striking ``Annual Update'' and 
     inserting ``Biennial Report'';
       (2) by striking paragraphs (1) and (2) and inserting the 
     following new paragraph:
       ``(1) Requirement to submit.--Not later than February 1, 
     2011, and once every two years thereafter, the President 
     shall submit to the congressional intelligence committees and 
     congressional leadership a report updating the information 
     referred to in subsection (a)(1)D).''; and
       (3) by redesignating paragraph (3) as paragraph (2).
       (i) Table of Contents Amendments.--
       (1) National security act of 1947.--The table of contents 
     in the first section of the National Security Act of 1947, as 
     amended by section 332 of this Act, is further amended--
       (A) by striking the item relating to section 109;
       (B) by striking the item relating to section 114A; and
       (C) by striking the item relating to section 118 and 
     inserting the following new item:

``Sec. 118. Annual report on financial intelligence on terrorist 
              assets.''.

       (2) Intelligence authorization act for fiscal year 2003.--
     The table of contents in the first section of the 
     Intelligence Authorization Act for Fiscal Year 2003 (Public 
     Law 107-306; 116 Stat. 2383) is amended by striking the item 
     relating to section 826.

     SEC. 348. 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. 349. CONFORMING AMENDMENTS FOR REPORT SUBMISSION DATES.

       Section 507 of the National Security Act of 1947 (50 U.S.C. 
     415b) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking subparagraphs (A), (B), and (G);
       (ii) by redesignating subparagraphs (C), (D), (E), (F), 
     (H), (I), and (N) as subparagraphs (A), (B), (C), (D), (E), 
     (F), and (G), respectively; and
       (iii) by adding at the end the following new subparagraphs:
       ``(H) The annual report on outside employment of employees 
     of elements of the intelligence community required by section 
     102A(u)(2).
       ``(I) The annual report on financial intelligence on 
     terrorist assets required by section 118.''; and
       (B) in paragraph (2), by striking subparagraphs (C) and 
     (D); and
       (2) in subsection (b), by striking paragraph (6).

                       Subtitle E--Other Matters

     SEC. 361. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT 
                   RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND 
                   DECORATIONS.

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

     SEC. 362. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT 
                   INTELLIGENCE ACTIVITIES.

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

     SEC. 363. PROTECTION OF CERTAIN NATIONAL SECURITY 
                   INFORMATION.

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

     SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET.

       Section 601 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (50 U.S.C. 415c) is amended to read as 
     follows:

     ``SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE 
                   FUNDING INFORMATION.

       ``(a) Budget Request.--At the time that the President 
     submits to Congress the budget for a fiscal year pursuant to 
     section 1105 of title 31, United States Code, the President 
     shall disclose to the public the aggregate amount of 
     appropriations requested for that fiscal year for the 
     National Intelligence Program.
       ``(b) Amounts Appropriated Each Fiscal Year.--Not later 
     than 30 days after the end of each fiscal year, the Director 
     of National Intelligence shall disclose to the public the 
     aggregate amount of funds appropriated by Congress for the 
     National Intelligence Program for such fiscal year.
       ``(c) Waiver.--
       ``(1) In general.--The President may waive or postpone the 
     disclosure required by subsection (a) or (b) for a fiscal 
     year by submitting to the Select Committee on Intelligence of 
     the Senate and Permanent Select Committee on Intelligence of 
     the House of Representatives--
       ``(A) a statement, in unclassified form, that the 
     disclosure required in subsection (a) or (b) for that fiscal 
     year would damage national security; and
       ``(B) a statement detailing the reasons for the waiver or 
     postponement, which may be submitted in classified form.
       ``(2) Submission dates.--The President shall submit the 
     statements required under paragraph (1)--
       ``(A) in the case of a waiver or postponement of a 
     disclosure required under subsection (a), at the time of the 
     submission of the budget for the fiscal year for which such 
     disclosure is waived or postponed; and
       ``(B) in the case of a waiver or postponement of a 
     disclosure required under subsection (b), not later than 30 
     days after the

[[Page S6782]]

     date of the end of the fiscal year for which such disclosure 
     is waived or postponed.
       ``(d) Definition.--As used in this section, the term 
     `National Intelligence Program' has the meaning given the 
     term in section 3(6) of the National Security Act of 1947 (50 
     U.S.C. 401a(6)).''.

     SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC 
                   INTEREST DECLASSIFICATION BOARD.

       Paragraph (5) of section 703(b) of the Public Interest 
     Declassification Act of 2000 (50 U.S.C. 435 note) is 
     amended--
       (1) by striking ``jurisdiction,'' and inserting 
     ``jurisdiction or by a member of the committee of 
     jurisdiction,''; and
       (2) by inserting ``, to evaluate the proper classification 
     of certain records,'' after ``certain records''.

     SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPERATIONS TO 
                   COLLECT FOREIGN INTELLIGENCE OR 
                   COUNTERINTELLIGENCE.

       Paragraph (1) of section 102(b) of the Department of 
     Justice and Related Agencies Appropriations Act, 1993 (Public 
     Law 102-395; 28 U.S.C. 533 note) is amended in the flush text 
     following subparagraph (D) by striking ``(or, if designated 
     by the Director, the Assistant Director, Intelligence 
     Division) and the Attorney General (or, if designated by the 
     Attorney General, the Assistant Attorney General for National 
     Security)'' and inserting ``(or a designee of the Director 
     who is in a position not lower than Deputy Assistant Director 
     in the National Security Branch or a similar successor 
     position) and the Attorney General (or a designee of the 
     Attorney General who is in the National Security Division in 
     a position not lower than Deputy Assistant Attorney General 
     or a similar successor position)''.

     SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY.

       (a) Reports Relating to Security Clearances.--
       (1) Quadrennial audit; security clearance determinations.--
       (A) In general.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by section 325 of 
     this Act, is further amended by inserting after section 506G, 
     as added by section 325(a), the following new section:


                    ``reports on security clearances

       ``Sec. 506H.  (a) Quadrennial Audit of Position 
     Requirements.--(1) The President shall every four years 
     conduct an audit of the manner in which the executive branch 
     determines whether a security clearance is required for a 
     particular position in the United States Government.
       ``(2) Not later than 30 days after the completion of an 
     audit conducted under paragraph (1), the President shall 
     submit to Congress the results of such audit.
       ``(b) Report on Security Clearance Determinations.--(1) Not 
     later than February 1 of each year, the President shall 
     submit to Congress a report on the security clearance 
     process. Such report shall include, for each security 
     clearance level--
       ``(A) the number of employees of the United States 
     Government who--
       ``(i) held a security clearance at such level as of October 
     1 of the preceding year; and
       ``(ii) were approved for a security clearance at such level 
     during the preceding fiscal year;
       ``(B) the number of contractors to the United States 
     Government who--
       ``(i) held a security clearance at such level as of October 
     1 of the preceding year; and
       ``(ii) were approved for a security clearance at such level 
     during the preceding fiscal year; and
       ``(C) for each element of the intelligence community--
       ``(i) the total amount of time it took to process the 
     security clearance determination for such level that--
       ``(I) was among the 80 percent of security clearance 
     determinations made during the preceding fiscal year that 
     took the shortest amount of time to complete; and
       ``(II) took the longest amount of time to complete;
       ``(ii) the total amount of time it took to process the 
     security clearance determination for such level that--
       ``(I) was among the 90 percent of security clearance 
     determinations made during the preceding fiscal year that 
     took the shortest amount of time to complete; and
       ``(II) took the longest amount of time to complete;
       ``(iii) the number of pending security clearance 
     investigations for such level as of October 1 of the 
     preceding year that have remained pending for--
       ``(I) 4 months or less;
       ``(II) between 4 months and 8 months;
       ``(III) between 8 months and one year; and
       ``(IV) more than one year;
       ``(iv) the percentage of reviews during the preceding 
     fiscal year that resulted in a denial or revocation of a 
     security clearance;
       ``(v) the percentage of investigations during the preceding 
     fiscal year that resulted in incomplete information;
       ``(vi) the percentage of investigations during the 
     preceding fiscal year that did not result in enough 
     information to make a decision on potentially adverse 
     information; and
       ``(vii) for security clearance determinations completed or 
     pending during the preceding fiscal year that have taken 
     longer than one year to complete--
       ``(I) the number of security clearance determinations for 
     positions as employees of the United States Government that 
     required more than one year to complete;
       ``(II) the number of security clearance determinations for 
     contractors that required more than one year to complete;
       ``(III) the agencies that investigated and adjudicated such 
     determinations; and
       ``(IV) the cause of significant delays in such 
     determinations.
       ``(2) For purposes of paragraph (1), the President may 
     consider--
       ``(A) security clearances at the level of confidential and 
     secret as one security clearance level; and
       ``(B) security clearances at the level of top secret or 
     higher as one security clearance level.
       ``(c) Form.--The results required under subsection (a)(2) 
     and the reports required under subsection (b)(1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.''.
       (B) Initial audit.--The first audit required to be 
     conducted under section 506H(a)(1) of the National Security 
     Act of 1947, as added by subparagraph (A) of this paragraph, 
     shall be completed not later than February 1, 2011.
       (C) Table of contents amendment.--The table of contents in 
     the first section of such Act, as amended by section 348(i) 
     of this Act, is further amended by inserting after the item 
     relating to section 506G, as added by section 325 of this 
     Act, the following new item:

``Sec. 506H. Reports on security clearances.''.

       (2) Report on metrics for adjudication quality.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the President shall submit to Congress a report on security 
     clearance investigations and adjudications. Such report shall 
     include--
       (A) United States Government-wide adjudication guidelines 
     and metrics for adjudication quality;
       (B) a plan to improve the professional development of 
     security clearance adjudicators;
       (C) metrics to evaluate the effectiveness of interagency 
     clearance reciprocity;
       (D) United States Government-wide investigation standards 
     and metrics for investigation quality; and
       (E) the advisability, feasibility, counterintelligence 
     risk, and cost effectiveness of--
       (i) by not later than January 1, 2012, requiring the 
     investigation and adjudication of security clearances to be 
     conducted by not more than two Federal agencies; and
       (ii) by not later than January 1, 2015, requiring the 
     investigation and adjudication of security clearances to be 
     conducted by not more than one Federal agency.
       (b) Security Clearance Reciprocity.--
       (1) Audit.--The Inspector General of the Intelligence 
     Community shall conduct an audit of the reciprocity of 
     security clearances among the elements of the intelligence 
     community.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Inspector General of the 
     Intelligence Community shall submit to the congressional 
     intelligence committees a report containing the results of 
     the audit conducted under paragraph (1). Such report shall 
     include an assessment of the time required to obtain a 
     reciprocal security clearance for--
       (A) an employee of an element of the intelligence community 
     detailed to another element of the intelligence community;
       (B) an employee of an element of the intelligence community 
     seeking permanent employment with another element of the 
     intelligence community; and
       (C) a contractor seeking permanent employment with an 
     element of the intelligence community.
       (3) Form.--The report required under paragraph (2) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 368. CORRECTING LONG-STANDING MATERIAL WEAKNESSES.

       (a) Definitions.--In this section:
       (1) Covered element of the intelligence community.--The 
     term ``covered element of the intelligence community'' 
     means--
       (A) the Central Intelligence Agency;
       (B) the Defense Intelligence Agency;
       (C) the National Geospatial-Intelligence Agency;
       (D) the National Reconnaissance Office; or
       (E) the National Security Agency.
       (2) Independent auditor.--The term ``independent auditor'' 
     means an individual who--
       (A)(i) is a Federal, State, or local government auditor who 
     meets the independence standards included in generally 
     accepted government auditing standards; or
       (ii) is a public accountant who meets such independence 
     standards; and
       (B) is designated as an auditor by the Director of National 
     Intelligence or the head of a covered element of the 
     intelligence community, as appropriate.
       (3) Independent review.--The term ``independent review'' 
     means an audit, attestation, or examination conducted by an 
     independent auditor in accordance with generally accepted 
     government auditing standards.
       (4) Long-standing, correctable material weakness.--The term 
     ``long-standing, correctable material weakness'' means a 
     material weakness--
       (A) that was first reported in the annual financial report 
     of a covered element of the intelligence community for a 
     fiscal year prior to fiscal year 2007; and
       (B) the correction of which is not substantially dependent 
     on a business system that will not be implemented prior to 
     the end of fiscal year 2010.

[[Page S6783]]

       (5) Material weakness.--The term ``material weakness'' has 
     the meaning given that term under the Office of Management 
     and Budget Circular A-123, entitled ``Management's 
     Responsibility for Internal Control,'' revised December 21, 
     2004.
       (6) Senior intelligence management official.--The term 
     ``senior intelligence management official'' means an official 
     within a covered element of the intelligence community who 
     is--
       (A)(i) compensated under the Senior Intelligence Service 
     pay scale; or
       (ii) the head of a covered element of the intelligence 
     community; and
       (B) compensated for employment with funds appropriated 
     pursuant to an authorization of appropriations in this Act.
       (b) Identification of Senior Intelligence Management 
     Officials.--
       (1) Requirement to identify.--Not later than 30 days after 
     the date of the enactment of this Act, the head of a covered 
     element of the intelligence community shall designate a 
     senior intelligence management official of such element to be 
     responsible for correcting each long-standing, correctable 
     material weakness of such element.
       (2) Head of a covered element of the intelligence 
     community.--The head of a covered element of the intelligence 
     community may designate himself or herself as the senior 
     intelligence management official responsible for correcting a 
     long-standing, correctable material weakness under paragraph 
     (1).
       (3) Requirement to update designation.--If the head of a 
     covered element of the intelligence community determines that 
     a senior intelligence management official designated under 
     paragraph (1) is no longer responsible for correcting a long-
     standing, correctable material weakness, the head of such 
     element shall designate the successor to such official not 
     later than 10 days after the date of such determination.
       (c) Notification.--Not later than 10 days after the date on 
     which the head of a covered element of the intelligence 
     community has designated a senior intelligence management 
     official pursuant to paragraph (1) or (3) of subsection (b), 
     the head of such element shall provide written notification 
     of such designation to the Director of National Intelligence 
     and to such senior intelligence management official.
       (d) Correction of Long-Standing, Material Weakness.--
       (1) Determination of correction of deficiency.--If a long-
     standing, correctable material weakness is corrected, the 
     senior intelligence management official who is responsible 
     for correcting such long-standing, correctable material 
     weakness shall make and issue a determination of the 
     correction.
       (2) Basis for determination.--The determination of the 
     senior intelligence management official under paragraph (1) 
     shall be based on the findings of an independent review.
       (3) Notification and submission of findings.--A senior 
     intelligence management official who makes a determination 
     under paragraph (1) shall--
       (A) notify the head of the appropriate covered element of 
     the intelligence community of such determination at the time 
     the determination is made; and
       (B) ensure that the independent auditor whose findings are 
     the basis of a determination under paragraph (1) submits to 
     the head of the covered element of the intelligence community 
     and the Director of National Intelligence the findings that 
     such determination is based on not later than 5 days after 
     the date on which such determination is made.
       (e) Congressional Oversight.--The head of a covered element 
     of the intelligence community shall notify the congressional 
     intelligence committees not later than 30 days after the 
     date--
       (1) on which a senior intelligence management official is 
     designated under paragraph (1) or (3) of subsection (b) and 
     notified under subsection (c); or
       (2) of the correction of a long-standing, correctable 
     material weakness, as verified by an independent auditor 
     under subsection (d)(2).

     SEC. 369. INTELLIGENCE COMMUNITY FINANCIAL IMPROVEMENT AND 
                   AUDIT READINESS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall--
       (1) conduct a review of the status of the auditability 
     compliance of each element of the intelligence community; and
       (2) develop a plan and schedule to achieve a full, 
     unqualified audit of each element of the intelligence 
     community not later than September 30, 2013.

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

      Subtitle A--Office of the Director of National Intelligence

     SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE.

       Subsection (f) of section 102A of the National Security Act 
     of 1947 (50 U.S.C. 403-1) is amended--
       (1) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively; and
       (2) by inserting after paragraph (6) the following new 
     paragraph:
       ``(7)(A) The Director of National Intelligence shall, if 
     the Director determines it is necessary, or may, if requested 
     by a congressional intelligence committee, conduct an 
     accountability review of an element of the intelligence 
     community or the personnel of such element in relation to a 
     failure or deficiency within the intelligence community.
       ``(B) The Director of National Intelligence, in 
     consultation with the Attorney General, shall establish 
     guidelines and procedures for conducting an accountability 
     review under subparagraph (A).
       ``(C)(i) The Director of National Intelligence shall 
     provide the findings of an accountability review conducted 
     under subparagraph (A) and the Director's recommendations for 
     corrective or punitive action, if any, to the head of the 
     applicable element of the intelligence community. Such 
     recommendations may include a recommendation for dismissal of 
     personnel.
       ``(ii) If the head of such element does not implement a 
     recommendation made by the Director under clause (i), the 
     head of such element shall submit to the congressional 
     intelligence committees a notice of the determination not to 
     implement the recommendation, including the reasons for the 
     determination.
       ``(D) The requirements of this paragraph shall not be 
     construed to limit any authority of the Director of National 
     Intelligence under subsection (m) or with respect to 
     supervision of the Central Intelligence Agency.''.

     SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.

       (a) Authorities for Interagency Funding.--Section 
     102A(d)(2) of the National Security Act of 1947 (50 U.S.C. 
     403-1(d)(2)) is amended by striking ``Program to another such 
     program.'' and inserting ``Program--
       ``(A) to another such program;
       ``(B) to other departments or agencies of the United States 
     Government for the development and fielding of systems of 
     common concern related to the collection, processing, 
     analysis, exploitation, and dissemination of intelligence 
     information; or
       ``(C) to a program funded by appropriations not within the 
     National Intelligence Program to address critical gaps in 
     intelligence information sharing or access capabilities.''.
       (b) Authorities of Heads of Other Departments and 
     Agencies.--Notwithstanding any other provision of law, the 
     head of any department or agency of the United States is 
     authorized to receive and utilize funds made available to the 
     department or agency by the Director of National Intelligence 
     pursuant to section 102A(d)(2) of the National Security Act 
     of 1947 (50 U.S.C. 403-1(d)(2)), as amended by subsection 
     (a), and receive and utilize any system referred to in such 
     section that is made available to such department or agency.

     SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE.

       Subsection (e) of section 103 of the National Security Act 
     of 1947 (50 U.S.C. 403-3) is amended to read as follows:
       ``(e) Location of the Office of the Director of National 
     Intelligence.--The headquarters of the Office of the Director 
     of National Intelligence may be located in the Washington 
     metropolitan region, as that term is defined in section 8301 
     of title 40, United States Code.''.

     SEC. 404. TITLE AND APPOINTMENT OF CHIEF INFORMATION OFFICER 
                   OF THE INTELLIGENCE COMMUNITY.

       Section 103G of the National Security Act of 1947 (50 
     U.S.C. 403-3g) is amended--
       (1) in subsection (a)--
       (A) by inserting ``of the Intelligence Community'' after 
     ``Chief Information Officer''; and
       (B) by striking ``President,'' and all that follows and 
     inserting ``President.'';
       (2) by striking subsection (b) and redesignating 
     subsections (c) and (d) as subsections (b) and (c), 
     respectively;
       (3) in subsection (b) (as so redesignated), by inserting 
     ``of the Intelligence Community'' after ``Chief Information 
     Officer''; and
       (4) in subsection (c) (as so redesignated), by inserting 
     ``of the Intelligence Community'' before ``may not''.

     SEC. 405. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

       (a) Establishment.--
       (1) In general.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.), as amended by section 348 of 
     this Act, is further amended by inserting after section 103G 
     the following new section:


           ``inspector general of the intelligence community

       ``Sec. 103H.  (a) Office of Inspector General of the 
     Intelligence Community.--There is within the Office of the 
     Director of National Intelligence an Office of the Inspector 
     General of the Intelligence Community.
       ``(b) Purpose.--The purpose of the Office of the Inspector 
     General of the Intelligence Community is--
       ``(1) to create an objective and effective office, 
     appropriately accountable to Congress, to initiate and 
     conduct independent investigations, inspections, audits, and 
     reviews on programs and activities within the responsibility 
     and authority of the Director of National Intelligence;
       ``(2) to provide leadership and coordination and recommend 
     policies for activities designed--
       ``(A) to promote economy, efficiency, and effectiveness in 
     the administration and implementation of such programs and 
     activities; and
       ``(B) to prevent and detect fraud and abuse in such 
     programs and activities;
       ``(3) to provide a means for keeping the Director of 
     National Intelligence fully and currently informed about--

[[Page S6784]]

       ``(A) problems and deficiencies relating to the 
     administration of programs and activities within the 
     responsibility and authority of the Director of National 
     Intelligence; and
       ``(B) the necessity for, and the progress of, corrective 
     actions; and
       ``(4) in the manner prescribed by this section, to ensure 
     that the congressional intelligence committees are kept 
     similarly informed of--
       ``(A) significant problems and deficiencies relating to 
     programs and activities within the responsibility and 
     authority of the Director of National Intelligence; and
       ``(B) the necessity for, and the progress of, corrective 
     actions.
       ``(c) Inspector General of the Intelligence Community.--(1) 
     There is an Inspector General of the Intelligence Community, 
     who shall be the head of the Office of the Inspector General 
     of the Intelligence Community, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       ``(A) without regard to political affiliation;
       ``(B) on the basis of integrity, compliance with security 
     standards of the intelligence community, and prior experience 
     in the field of intelligence or national security; and
       ``(C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or investigations.
       ``(3) The Inspector General shall report directly to and be 
     under the general supervision of the Director of National 
     Intelligence.
       ``(4) The Inspector General may be removed from office only 
     by the President. The President shall communicate in writing 
     to the congressional intelligence committees the reasons for 
     the removal not later than 30 days prior to the effective 
     date of such removal. Nothing in this paragraph shall be 
     construed to prohibit a personnel action otherwise authorized 
     by law, other than transfer or removal.
       ``(d) Assistant Inspectors General.--Subject to the 
     policies of the Director of National Intelligence, the 
     Inspector General of the Intelligence Community shall--
       ``(1) appoint an Assistant Inspector General for Audit who 
     shall have the responsibility for supervising the performance 
     of auditing activities relating to programs and activities 
     within the responsibility and authority of the Director;
       ``(2) appoint an Assistant Inspector General for 
     Investigations who shall have the responsibility for 
     supervising the performance of investigative activities 
     relating to such programs and activities; and
       ``(3) appoint other Assistant Inspectors General that, in 
     the judgment of the Inspector General, are necessary to carry 
     out the duties of the Inspector General.
       ``(e) Duties and Responsibilities.--It shall be the duty 
     and responsibility of the Inspector General of the 
     Intelligence Community--
       ``(1) to provide policy direction for, and to plan, 
     conduct, supervise, and coordinate independently, the 
     investigations, inspections, audits, and reviews relating to 
     programs and activities within the responsibility and 
     authority of the Director of National Intelligence;
       ``(2) to keep the Director of National Intelligence fully 
     and currently informed concerning violations of law and 
     regulations, fraud, and other serious problems, abuses, and 
     deficiencies relating to the programs and activities within 
     the responsibility and authority of the Director, to 
     recommend corrective action concerning such problems, and to 
     report on the progress made in implementing such corrective 
     action;
       ``(3) to take due regard for the protection of intelligence 
     sources and methods in the preparation of all reports issued 
     by the Inspector General, and, to the extent consistent with 
     the purpose and objective of such reports, take such measures 
     as may be appropriate to minimize the disclosure of 
     intelligence sources and methods described in such reports; 
     and
       ``(4) in the execution of the duties and responsibilities 
     under this section, to comply with generally accepted 
     government auditing.
       ``(f) Limitations on Activities.--(1) The Director of 
     National Intelligence may prohibit the Inspector General of 
     the Intelligence Community from initiating, carrying out, or 
     completing any investigation, inspection, audit, or review if 
     the Director determines that such prohibition is necessary to 
     protect vital national security interests of the United 
     States.
       ``(2) Not later than seven days after the date on which the 
     Director exercises the authority under paragraph (1), the 
     Director shall submit to the congressional intelligence 
     committees an appropriately classified statement of the 
     reasons for the exercise of such authority.
       ``(3) The Director shall advise the Inspector General at 
     the time a statement under paragraph (2) is submitted, and, 
     to the extent consistent with the protection of intelligence 
     sources and methods, provide the Inspector General with a 
     copy of such statement.
       ``(4) The Inspector General may submit to the congressional 
     intelligence committees any comments on the statement of 
     which the Inspector General has notice under paragraph (3) 
     that the Inspector General considers appropriate.
       ``(g) Authorities.--(1) The Inspector General of the 
     Intelligence Community shall have direct and prompt access to 
     the Director of National Intelligence when necessary for any 
     purpose pertaining to the performance of the duties of the 
     Inspector General.
       ``(2)(A) The Inspector General shall, subject to the 
     limitations in subsection (f), make such investigations and 
     reports relating to the administration of the programs and 
     activities within the authorities and responsibilities of the 
     Director as are, in the judgment of the Inspector General, 
     necessary or desirable.
       ``(B) The Inspector General shall have access to any 
     employee, or any employee of a contractor, of any element of 
     the intelligence community needed for the performance of the 
     duties of the Inspector General.
       ``(C) The Inspector General shall have direct access to all 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other materials that relate to the 
     programs and activities with respect to which the Inspector 
     General has responsibilities under this section.
       ``(D) The level of classification or compartmentation of 
     information shall not, in and of itself, provide a sufficient 
     rationale for denying the Inspector General access to any 
     materials under subparagraph (C).
       ``(E) The Director, or on the recommendation of the 
     Director, another appropriate official of the intelligence 
     community, shall take appropriate administrative actions 
     against an employee, or an employee of a contractor, of an 
     element of the intelligence community that fails to cooperate 
     with the Inspector General. Such administrative action may 
     include loss of employment or the termination of an existing 
     contractual relationship.
       ``(3) The Inspector General is authorized to receive and 
     investigate, pursuant to subsection (h), complaints or 
     information from any person concerning the existence of an 
     activity within the authorities and responsibilities of the 
     Director of National Intelligence constituting a violation of 
     laws, rules, or regulations, or mismanagement, gross waste of 
     funds, abuse of authority, or a substantial and specific 
     danger to the public health and safety. Once such complaint 
     or information has been received from an employee of the 
     intelligence community--
       ``(A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       ``(B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint or disclosing such 
     information to the Inspector General may be taken by any 
     employee in a position to take such actions, unless the 
     complaint was made or the information was disclosed with the 
     knowledge that it was false or with willful disregard for its 
     truth or falsity.
       ``(4) The Inspector General shall have the authority to 
     administer to or take from any person an oath, affirmation, 
     or affidavit, whenever necessary in the performance of the 
     duties of the Inspector General, which oath, affirmation, or 
     affidavit when administered or taken by or before an employee 
     of the Office of the Inspector General of the Intelligence 
     Community designated by the Inspector General shall have the 
     same force and effect as if administered or taken by, or 
     before, an officer having a seal.
       ``(5)(A) Except as provided in subparagraph (B), the 
     Inspector General is authorized to require by subpoena the 
     production of all information, documents, reports, answers, 
     records, accounts, papers, and other data in any medium 
     (including electronically stored information, as well as any 
     tangible thing) and documentary evidence necessary in the 
     performance of the duties and responsibilities of the 
     Inspector General.
       ``(B) In the case of departments, agencies, and other 
     elements of the United States Government, the Inspector 
     General shall obtain information, documents, reports, 
     answers, records, accounts, papers, and other data and 
     evidence for the purpose specified in subparagraph (A) using 
     procedures other than by subpoenas.
       ``(C) The Inspector General may not issue a subpoena for, 
     or on behalf of, any component of the Office of the Director 
     of National Intelligence or any element of the intelligence 
     community, including the Office of the Director of National 
     Intelligence.
       ``(D) In the case of contumacy or refusal to obey a 
     subpoena issued under this paragraph, the subpoena shall be 
     enforceable by order of any appropriate district court of the 
     United States.
       ``(6) The Inspector General may obtain services as 
     authorized by section 3109 of title 5, United States Code, at 
     rates for individuals not to exceed the daily equivalent of 
     the maximum annual rate of basic pay payable for grade GS-15 
     of the General Schedule under section 5332 of title 5, United 
     States Code.
       ``(7) The Inspector General may, to the extent and in such 
     amounts as may be provided in appropriations, enter into 
     contracts and other arrangements for audits, studies, 
     analyses, and other services with public agencies and with 
     private persons, and to make such payments as may be 
     necessary to carry out the provisions of this section.
       ``(h) Coordination Among Inspectors General.--(1)(A) In the 
     event of a matter within the jurisdiction of the Inspector 
     General of the Intelligence Community that may be

[[Page S6785]]

     subject to an investigation, inspection, audit, or review by 
     both the Inspector General of the Intelligence Community and 
     an inspector general with oversight responsibility for an 
     element of the intelligence community, the Inspector General 
     of the Intelligence Community and such other inspector 
     general shall expeditiously resolve the question of which 
     inspector general shall conduct such investigation, 
     inspection, audit, or review to avoid unnecessary duplication 
     of the activities of the inspectors general.
       ``(B) In attempting to resolve a question under 
     subparagraph (A), the inspectors general concerned may 
     request the assistance of the Intelligence Community 
     Inspectors General Forum established under paragraph (2). In 
     the event of a dispute between an inspector general within a 
     department or agency of the United States Government and the 
     Inspector General of the Intelligence Community that has not 
     been resolved with the assistance of such Forum, the 
     inspectors general shall submit the question to the Director 
     of National Intelligence and the head of the affected 
     department or agency for resolution.
       ``(2)(A) There is established the Intelligence Community 
     Inspectors General Forum, which shall consist of all 
     statutory or administrative inspectors general with oversight 
     responsibility for an element of the intelligence community.
       ``(B) The Inspector General of the Intelligence Community 
     shall serve as the Chair of the Forum established under 
     subparagraph (A). The Forum shall have no administrative 
     authority over any inspector general, but shall serve as a 
     mechanism for informing its members of the work of individual 
     members of the Forum that may be of common interest and 
     discussing questions about jurisdiction or access to 
     employees, employees of contract personnel, records, audits, 
     reviews, documents, recommendations, or other materials that 
     may involve or be of assistance to more than one of its 
     members.
       ``(3) The inspector general conducting an investigation, 
     inspection, audit, or review covered by paragraph (1) shall 
     submit the results of such investigation, inspection, audit, 
     or review to any other inspector general, including the 
     Inspector General of the Intelligence Community, with 
     jurisdiction to conduct such investigation, inspection, 
     audit, or review who did not conduct such investigation, 
     inspection, audit, or review.
       ``(i) Counsel to the Inspector General.--(1) The Inspector 
     General of the Intelligence Community shall--
       ``(A) appoint a Counsel to the Inspector General who shall 
     report to the Inspector General; or
       ``(B) obtain the services of a counsel appointed by and 
     directly reporting to another inspector general or the 
     Council of the Inspectors General on Integrity and Efficiency 
     on a reimbursable basis.
       ``(2) The counsel appointed or obtained under paragraph (1) 
     shall perform such functions as the Inspector General may 
     prescribe.
       ``(j) Staff and Other Support.--(1) The Director of 
     National Intelligence shall provide the Inspector General of 
     the Intelligence Community with appropriate and adequate 
     office space at central and field office locations, together 
     with such equipment, office supplies, maintenance services, 
     and communications facilities and services as may be 
     necessary for the operation of such offices.
       ``(2)(A) Subject to applicable law and the policies of the 
     Director of National Intelligence, the Inspector General 
     shall select, appoint, and employ such officers and employees 
     as may be necessary to carry out the functions, powers, and 
     duties of the Inspector General. The Inspector General shall 
     ensure that any officer or employee so selected, appointed, 
     or employed has security clearances appropriate for the 
     assigned duties of such officer or employee.
       ``(B) In making selections under subparagraph (A), the 
     Inspector General shall ensure that such officers and 
     employees have the requisite training and experience to 
     enable the Inspector General to carry out the duties of the 
     Inspector General effectively.
       ``(C) In meeting the requirements of this paragraph, the 
     Inspector General shall create within the Office of the 
     Inspector General of the Intelligence Community a career 
     cadre of sufficient size to provide appropriate continuity 
     and objectivity needed for the effective performance of the 
     duties of the Inspector General.
       ``(3) Consistent with budgetary and personnel resources 
     allocated by the Director of National Intelligence, the 
     Inspector General has final approval of--
       ``(A) the selection of internal and external candidates for 
     employment with the Office of the Inspector General; and
       ``(B) all other personnel decisions concerning personnel 
     permanently assigned to the Office of the Inspector General, 
     including selection and appointment to the Senior 
     Intelligence Service, but excluding all security-based 
     determinations that are not within the authority of a head of 
     a component of the Office of the Director of National 
     Intelligence.
       ``(4)(A) Subject to the concurrence of the Director of 
     National Intelligence, the Inspector General may request such 
     information or assistance as may be necessary for carrying 
     out the duties and responsibilities of the Inspector General 
     from any department, agency, or other element of the United 
     States Government.
       ``(B) Upon request of the Inspector General for information 
     or assistance under subparagraph (A), the head of the 
     department, agency, or element concerned shall, insofar as is 
     practicable and not in contravention of any existing 
     statutory restriction or regulation of the department, 
     agency, or element, furnish to the Inspector General, such 
     information or assistance.
       ``(C) The Inspector General of the Intelligence Community 
     may, upon reasonable notice to the head of any element of the 
     intelligence community and in coordination with that 
     element's inspector general pursuant to subsection (h), 
     conduct, as authorized by this section, an investigation, 
     inspection, audit, or review of such element and may enter 
     into any place occupied by such element for purposes of the 
     performance of the duties of the Inspector General.
       ``(k) Reports.--(1)(A) The Inspector General of the 
     Intelligence Community shall, not later than January 31 and 
     July 31 of each year, prepare and submit to the Director of 
     National Intelligence a classified, and, as appropriate, 
     unclassified semiannual report summarizing the activities of 
     the Office of the Inspector General of the Intelligence 
     Community during the immediately preceding 6-month period 
     ending December 31 (of the preceding year) and June 30, 
     respectively. The Inspector General of the Intelligence 
     Community shall provide any portion of the report involving a 
     component of a department of the United States Government to 
     the head of that department simultaneously with submission of 
     the report to the Director of National Intelligence.
       ``(B) Each report under this paragraph shall include, at a 
     minimum, the following:
       ``(i) A list of the title or subject of each investigation, 
     inspection, audit, or review conducted during the period 
     covered by such report.
       ``(ii) A description of significant problems, abuses, and 
     deficiencies relating to the administration of programs and 
     activities of the intelligence community within the 
     responsibility and authority of the Director of National 
     Intelligence, and in the relationships between elements of 
     the intelligence community, identified by the Inspector 
     General during the period covered by such report.
       ``(iii) A description of the recommendations for corrective 
     action made by the Inspector General during the period 
     covered by such report with respect to significant problems, 
     abuses, or deficiencies identified in clause (ii).
       ``(iv) A statement of whether or not corrective action has 
     been completed on each significant recommendation described 
     in previous semiannual reports, and, in a case where 
     corrective action has been completed, a description of such 
     corrective action.
       ``(v) A certification of whether or not the Inspector 
     General has had full and direct access to all information 
     relevant to the performance of the functions of the Inspector 
     General.
       ``(vi) A description of the exercise of the subpoena 
     authority under subsection (g)(5) by the Inspector General 
     during the period covered by such report.
       ``(vii) Such recommendations as the Inspector General 
     considers appropriate for legislation to promote economy, 
     efficiency, and effectiveness in the administration and 
     implementation of programs and activities within the 
     responsibility and authority of the Director of National 
     Intelligence, and to detect and eliminate fraud and abuse in 
     such programs and activities.
       ``(C) Not later than 30 days after the date of receipt of a 
     report under subparagraph (A), the Director shall transmit 
     the report to the congressional intelligence committees 
     together with any comments the Director considers 
     appropriate. The Director shall transmit to the committees of 
     the Senate and of the House of Representatives with 
     jurisdiction over a department of the United States 
     Government any portion of the report involving a component of 
     such department simultaneously with submission of the report 
     to the congressional intelligence committees.
       ``(2)(A) The Inspector General shall report immediately to 
     the Director whenever the Inspector General becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to programs and activities within the 
     responsibility and authority of the Director of National 
     Intelligence.
       ``(B) The Director shall transmit to the congressional 
     intelligence committees each report under subparagraph (A) 
     within 7 calendar days of receipt of such report, together 
     with such comments as the Director considers appropriate. The 
     Director shall transmit to the committees of the Senate and 
     of the House of Representatives with jurisdiction over a 
     department of the United States Government any portion of 
     each report under subparagraph (A) that involves a problem, 
     abuse, or deficiency related to a component of such 
     department simultaneously with transmission of the report to 
     the congressional intelligence committees.
       ``(3)(A) In the event that--
       ``(i) the Inspector General is unable to resolve any 
     differences with the Director affecting the execution of the 
     duties or responsibilities of the Inspector General;
       ``(ii) an investigation, inspection, audit, or review 
     carried out by the Inspector General focuses on any current 
     or former intelligence community official who--
       ``(I) holds or held a position in an element of the 
     intelligence community that is subject to appointment by the 
     President, whether or not by and with the advice and consent 
     of the Senate, including such a position held on an acting 
     basis;

[[Page S6786]]

       ``(II) holds or held a position in an element of the 
     intelligence community, including a position held on an 
     acting basis, that is appointed by the Director of National 
     Intelligence; or
       ``(III) holds or held a position as head of an element of 
     the intelligence community or a position covered by 
     subsection (b) or (c) of section 106;
       ``(iii) a matter requires a report by the Inspector General 
     to the Department of Justice on possible criminal conduct by 
     a current or former official described in clause (ii);
       ``(iv) the Inspector General receives notice from the 
     Department of Justice declining or approving prosecution of 
     possible criminal conduct of any current or former official 
     described in clause (ii); or
       ``(v) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, 
     audit, or review,
     the Inspector General shall immediately notify, and submit a 
     report to, the congressional intelligence committees on such 
     matter.
       ``(B) The Inspector General shall submit to the committees 
     of the Senate and of the House of Representatives with 
     jurisdiction over a department of the United States 
     Government any portion of each report under subparagraph (A) 
     that involves an investigation, inspection, audit, or review 
     carried out by the Inspector General focused on any current 
     or former official of a component of such department 
     simultaneously with submission of the report to the 
     congressional intelligence committees.
       ``(4) The Director shall submit to the congressional 
     intelligence committees any report or findings and 
     recommendations of an investigation, inspection, audit, or 
     review conducted by the office which has been requested by 
     the Chairman or Vice Chairman or ranking minority member of 
     either committee.
       ``(5)(A) An employee of an element of the intelligence 
     community, an employee assigned or detailed to an element of 
     the intelligence community, or an employee of a contractor to 
     the intelligence community who intends to report to Congress 
     a complaint or information with respect to an urgent concern 
     may report such complaint or information to the Inspector 
     General.
       ``(B) Not later than the end of the 14-calendar-day period 
     beginning on the date of receipt from an employee of a 
     complaint or information under subparagraph (A), the 
     Inspector General shall determine whether the complaint or 
     information appears credible. Upon making such a 
     determination, the Inspector General shall transmit to the 
     Director a notice of that determination, together with the 
     complaint or information.
       ``(C) Upon receipt of a transmittal from the Inspector 
     General under subparagraph (B), the Director shall, within 7 
     calendar days of such receipt, forward such transmittal to 
     the congressional intelligence committees, together with any 
     comments the Director considers appropriate.
       ``(D)(i) If the Inspector General does not find credible 
     under subparagraph (B) a complaint or information submitted 
     under subparagraph (A), or does not transmit the complaint or 
     information to the Director in accurate form under 
     subparagraph (B), the employee (subject to clause (ii)) may 
     submit the complaint or information to Congress by contacting 
     either or both of the congressional intelligence committees 
     directly.
       ``(ii) An employee may contact the congressional 
     intelligence committees directly as described in clause (i) 
     only if the employee--
       ``(I) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact the congressional intelligence 
     committees directly; and
       ``(II) obtains and follows from the Director, through the 
     Inspector General, direction on how to contact the 
     congressional intelligence committees in accordance with 
     appropriate security practices.
       ``(iii) A member or employee of one of the congressional 
     intelligence committees who receives a complaint or 
     information under this subparagraph does so in that member or 
     employee's official capacity as a member or employee of such 
     committee.
       ``(E) The Inspector General shall notify an employee who 
     reports a complaint or information to the Inspector General 
     under this paragraph of each action taken under this 
     paragraph with respect to the complaint or information. Such 
     notice shall be provided not later than 3 days after any such 
     action is taken.
       ``(F) An action taken by the Director or the Inspector 
     General under this paragraph shall not be subject to judicial 
     review.
       ``(G) In this paragraph, the term `urgent concern' means 
     any of the following:
       ``(i) A serious or flagrant problem, abuse, violation of 
     law or Executive order, or deficiency relating to the 
     funding, administration, or operation of an intelligence 
     activity within the responsibility and authority of the 
     Director of National Intelligence involving classified 
     information, but does not include differences of opinions 
     concerning public policy matters.
       ``(ii) A false statement to Congress, or a willful 
     withholding from Congress, on an issue of material fact 
     relating to the funding, administration, or operation of an 
     intelligence activity.
       ``(iii) An action, including a personnel action described 
     in section 2302(a)(2)(A) of title 5, United States Code, 
     constituting reprisal or threat of reprisal prohibited under 
     subsection (g)(3)(B) of this section in response to an 
     employee's reporting an urgent concern in accordance with 
     this paragraph.
       ``(H) Nothing in this section shall be construed to limit 
     the protections afforded to an employee under section 17(d) 
     of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     403q(d)) or section 8H of the Inspector General Act of 1978 
     (5 U.S.C. App.).
       ``(6) In accordance with section 535 of title 28, United 
     States Code, the Inspector General shall expeditiously report 
     to the Attorney General any information, allegation, or 
     complaint received by the Inspector General relating to 
     violations of Federal criminal law that involves a program or 
     operation of an element of the intelligence community, or in 
     the relationships between the elements of the intelligence 
     community, consistent with such guidelines as may be issued 
     by the Attorney General pursuant to subsection (b)(2) of such 
     section. A copy of each such report shall be furnished to the 
     Director.
       ``(l) Construction of Duties Regarding Elements of 
     Intelligence Community.--Except as resolved pursuant to 
     subsection (h), the performance by the Inspector General of 
     the Intelligence Community of any duty, responsibility, or 
     function regarding an element of the intelligence community 
     shall not be construed to modify or affect the duties and 
     responsibilities of any other inspector general having duties 
     and responsibilities relating to such element.
       ``(m) Separate Budget Account.--The Director of National 
     Intelligence shall, in accordance with procedures issued by 
     the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for the Office of the 
     Inspector General of the Intelligence Community.
       ``(n) Budget.--(1) For each fiscal year, the Inspector 
     General of the Intelligence Community shall transmit a budget 
     estimate and request to the Director of National Intelligence 
     that specifies for such fiscal year--
       ``(A) the aggregate amount requested for the operations of 
     the Inspector General;
       ``(B) the amount requested for all training requirements of 
     the Inspector General, including a certification from the 
     Inspector General that the amount requested is sufficient to 
     fund all training requirements for the Office of the 
     Inspector General; and
       ``(C) the amount requested to support the Council of the 
     Inspectors General on Integrity and Efficiency, including a 
     justification for such amount.
       ``(2) In transmitting a proposed budget to the President 
     for a fiscal year, the Director of National Intelligence 
     shall include for such fiscal year--
       ``(A) the aggregate amount requested for the Inspector 
     General of the Intelligence Community;
       ``(B) the amount requested for Inspector General training;
       ``(C) the amount requested to support the Council of the 
     Inspectors General on Integrity and Efficiency; and
       ``(D) the comments of the Inspector General, if any, with 
     respect to such proposed budget.
       ``(3) The Director of National Intelligence shall submit to 
     the congressional intelligence committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives for each 
     fiscal year--
       ``(A) a separate statement of the budget estimate 
     transmitted pursuant to paragraph (1);
       ``(B) the amount requested by the Director for the 
     Inspector General pursuant to paragraph (2)(A);
       ``(C) the amount requested by the Director for the training 
     of personnel of the Office of the Inspector General pursuant 
     to paragraph (2)(B);
       ``(D) the amount requested by the Director for support for 
     the Council of the Inspectors General on Integrity and 
     Efficiency pursuant to paragraph (2)(C); and
       ``(E) the comments of the Inspector General under paragraph 
     (2)(D), if any, on the amounts requested pursuant to 
     paragraph (2), including whether such amounts would 
     substantially inhibit the Inspector General from performing 
     the duties of the Office of the Inspector General.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947, as 
     amended by section 348 of this Act, is further amended by 
     inserting after the item relating to section 103G the 
     following new item:

``Sec. 103H. Inspector General of the Intelligence Community.''.
       (b) Pay of Inspector General.--Subparagraph (A) of section 
     4(a)(3) of the Inspector General Reform Act of 2008 (Public 
     Law 110-409; 5 U.S.C. App. note) is amended by inserting 
     ``the Inspector General of the Intelligence Community,'' 
     after ``basic pay of''.
       (c) Construction.--Nothing in the amendment made by 
     subsection (a)(1) shall be construed to alter the duties and 
     responsibilities of the General Counsel of the Office of the 
     Director of National Intelligence.
       (d) Repeal of Superseded Authority To Establish Position.--
     Section 8K of the Inspector General Act of 1978 (5 U.S.C. 
     App.) shall be repealed on the date that the President 
     appoints, with the advice and consent of the Senate, the 
     first individual to serve as

[[Page S6787]]

     Inspector General for the Intelligence Community pursuant to 
     section 103H of the National Security Act of 1947, as added 
     by subsection (a), and such individual assumes the duties of 
     the Inspector General.

     SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE 
                   COMMUNITY.

       (a) Establishment.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.), as amended by section 405 of 
     this Act, is further amended by inserting after section 103H, 
     as added by section 405(a)(1), the following new section:


        ``chief financial officer of the intelligence community

       ``Sec. 103I.  (a) Chief Financial Officer of the 
     Intelligence Community.--To assist the Director of National 
     Intelligence in carrying out the responsibilities of the 
     Director under this Act and other applicable provisions of 
     law, there is within the Office of the Director of National 
     Intelligence a Chief Financial Officer of the Intelligence 
     Community who shall be appointed by the Director.
       ``(b) Duties and Responsibilities.--Subject to the 
     direction of the Director of National Intelligence, the Chief 
     Financial Officer of the Intelligence Community shall--
       ``(1) serve as the principal advisor to the Director of 
     National Intelligence and the Principal Deputy Director of 
     National Intelligence on the management and allocation of 
     intelligence community budgetary resources;
       ``(2) participate in overseeing a comprehensive and 
     integrated strategic process for resource management within 
     the intelligence community;
       ``(3) ensure that the strategic plan of the Director of 
     National Intelligence--
       ``(A) is based on budgetary constraints as specified in the 
     Future Year Intelligence Plans and Long-term Budget 
     Projections required under section 506G; and
       ``(B) contains specific goals and objectives to support a 
     performance-based budget;
       ``(4) prior to the obligation or expenditure of funds for 
     the acquisition of any major system pursuant to a Milestone A 
     or Milestone B decision, receive verification from 
     appropriate authorities that the national requirements for 
     meeting the strategic plan of the Director have been 
     established, and that such requirements are prioritized based 
     on budgetary constraints as specified in the Future Year 
     Intelligence Plans and the Long-term Budget Projections for 
     such major system required under section 506G;
       ``(5) ensure that the collection architectures of the 
     Director are based on budgetary constraints as specified in 
     the Future Year Intelligence Plans and the Long-term Budget 
     Projections required under section 506G;
       ``(6) coordinate or approve representations made to 
     Congress by the intelligence community regarding National 
     Intelligence Program budgetary resources;
       ``(7) participate in key mission requirements, 
     acquisitions, or architectural boards formed within or by the 
     Office of the Director of National Intelligence; and
       ``(8) perform such other duties as may be prescribed by the 
     Director of National Intelligence.
       ``(c) Other Law.--The Chief Financial Officer of the 
     Intelligence Community shall serve as the Chief Financial 
     Officer of the intelligence community and, to the extent 
     applicable, shall have the duties, responsibilities, and 
     authorities specified in chapter 9 of title 31, United States 
     Code.
       ``(d) Prohibition on Simultaneous Service as Other Chief 
     Financial Officer.--An individual serving in the position of 
     Chief Financial Officer of the Intelligence Community may 
     not, while so serving, serve as the chief financial officer 
     of any other department or agency, or component thereof, of 
     the United States Government.
       ``(e) Definitions.--In this section:
       ``(1) The term `major system' has the meaning given that 
     term in section 506A(e).
       ``(2) The term `Milestone A' has the meaning given that 
     term in section 506G(f).
       ``(3) The term `Milestone B' has the meaning given that 
     term in section 506C(e).''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947, as 
     amended by section 405(a), is further amended by inserting 
     after the item relating to section 103H, as added by section 
     405(a)(2), the following new item:

``Sec. 103I. Chief Financial Officer of the Intelligence Community.''.

     SEC. 407. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND 
                   OFFICIALS.

       (a) National Counter Proliferation Center.--Section 119A(a) 
     of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is 
     amended--
       (1) by striking ``Not later than 18 months after the date 
     of the enactment of the National Security Intelligence Reform 
     Act of 2004, the'' and inserting ``(1) The''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) The head of the National Counter Proliferation Center 
     shall be the Director of the National Counter Proliferation 
     Center, who shall be appointed by the Director of National 
     Intelligence.
       ``(3) The National Counter Proliferation Center shall be 
     located within the Office of the Director of National 
     Intelligence.''.
       (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
     3(c)) is amended--
       (1) by redesignating paragraph (9) as paragraph (14); and
       (2) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) The Chief Information Officer of the Intelligence 
     Community.
       ``(10) The Inspector General of the Intelligence Community.
       ``(11) The Director of the National Counterterrorism 
     Center.
       ``(12) The Director of the National Counter Proliferation 
     Center.
       ``(13) The Chief Financial Officer of the Intelligence 
     Community.''.

     SEC. 408. PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) In General.--Title VII of the National Security Act of 
     1947 (50 U.S.C. 431 et seq.) is amended by adding at the end 
     the following new section:


``protection of certain files of the office of the director of national 
                              intelligence

       ``Sec. 706.  (a) Inapplicability of FOIA to Exempted 
     Operational Files Provided to ODNI.--(1) Subject to paragraph 
     (2), the provisions of section 552 of title 5, United States 
     Code, that require search, review, publication, or disclosure 
     of a record shall not apply to a record provided to the 
     Office of the Director of National Intelligence by an element 
     of the intelligence community from the exempted operational 
     files of such element.
       ``(2) Paragraph (1) shall not apply with respect to a 
     record of the Office that--
       ``(A) contains information derived or disseminated from an 
     exempted operational file, unless such record is created by 
     the Office for the sole purpose of organizing such exempted 
     operational file for use by the Office;
       ``(B) is disseminated by the Office to a person other than 
     an officer, employee, or contractor of the Office; or
       ``(C) is no longer designated as an exempted operational 
     file in accordance with this title.
       ``(b) Effect of Providing Files to ODNI.--Notwithstanding 
     any other provision of this title, an exempted operational 
     file that is provided to the Office by an element of the 
     intelligence community shall not be subject to the provisions 
     of section 552 of title 5, United States Code, that require 
     search, review, publication, or disclosure of a record solely 
     because such element provides such exempted operational file 
     to the Office.
       ``(c) Search and Review for Certain Purposes.--
     Notwithstanding subsection (a) or (b), an exempted 
     operational file shall continue to be subject to search and 
     review for information concerning any of the following:
       ``(1) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code.
       ``(2) Any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code.
       ``(3) The specific subject matter of an investigation for 
     any impropriety or violation of law, Executive order, or 
     Presidential directive, in the conduct of an intelligence 
     activity by any of the following:
       ``(A) The Select Committee on Intelligence of the Senate.
       ``(B) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(C) The Intelligence Oversight Board.
       ``(D) The Department of Justice.
       ``(E) The Office of the Director of National Intelligence.
       ``(F) The Office of the Inspector General of the 
     Intelligence Community.
       ``(d) Decennial Review of Exempted Operational Files.--(1) 
     Not less than once every 10 years, the Director of National 
     Intelligence shall review the exemptions in force under 
     subsection (a) to determine whether such exemptions may be 
     removed from any category of exempted files or any portion 
     thereof.
       ``(2) The review required by paragraph (1) shall include 
     consideration of the historical value or other public 
     interest in the subject matter of the particular category of 
     files or portions thereof and the potential for declassifying 
     a significant part of the information contained therein.
       ``(3) A complainant that alleges that the Director of 
     National Intelligence has improperly withheld records because 
     of failure to comply with this subsection may seek judicial 
     review in the district court of the United States of the 
     district in which any of the parties reside, or in the 
     District of Columbia. In such a proceeding, the court's 
     review shall be limited to determining the following:
       ``(A) Whether the Director has conducted the review 
     required by paragraph (1) before the expiration of the 10-
     year period beginning on the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2010 or before 
     the expiration of the 10-year period beginning on the date of 
     the most recent review.
       ``(B) Whether the Director of National Intelligence, in 
     fact, considered the criteria set forth in paragraph (2) in 
     conducting the required review.
       ``(e) Supersedure of Other Laws.--The provisions of this 
     section may not be superseded except by a provision of law 
     that is enacted after the date of the enactment of this 
     section and that specifically cites and repeals or modifies 
     such provisions.
       ``(f) Allegation; Improper Withholding of Records; Judicial 
     Review.--(1) Except as provided in paragraph (2), whenever 
     any person who has requested agency records under section 552 
     of title 5, United States Code, alleges that the Office has 
     withheld records

[[Page S6788]]

     improperly because of failure to comply with any provision of 
     this section, judicial review shall be available under the 
     terms set forth in section 552(a)(4)(B) of title 5, United 
     States Code.
       ``(2) Judicial review shall not be available in the manner 
     provided for under paragraph (1) as follows:
       ``(A) In any case in which information specifically 
     authorized under criteria established by an Executive order 
     to be kept secret in the interests of national defense or 
     foreign relations is filed with, or produced for, the court 
     by the Office, such information shall be examined ex parte, 
     in camera by the court.
       ``(B) The court shall determine, to the fullest extent 
     practicable, the issues of fact based on sworn written 
     submissions of the parties.
       ``(C)(i) When a complainant alleges that requested records 
     were improperly withheld because of improper exemption of 
     operational files, the Office may meet the burden of the 
     Office under section 552(a)(4)(B) of title 5, United States 
     Code, by demonstrating to the court by sworn written 
     submission that exempted files likely to contain responsive 
     records are records provided to the Office by an element of 
     the intelligence community from the exempted operational 
     files of such element.
       ``(ii) The court may not order the Office to review the 
     content of any exempted file in order to make the 
     demonstration required under clause (i), unless the 
     complainant disputes the Office's showing with a sworn 
     written submission based on personal knowledge or otherwise 
     admissible evidence.
       ``(D) In proceedings under subparagraph (C), a party may 
     not obtain discovery pursuant to rules 26 through 36 of the 
     Federal Rules of Civil Procedure, except that requests for 
     admissions may be made pursuant to rules 26 and 36 of the 
     Federal Rules of Civil Procedure.
       ``(E) If the court finds under this subsection that the 
     Office has improperly withheld requested records because of 
     failure to comply with any provision of this section, the 
     court shall order the Office to search and review each 
     appropriate exempted file for the requested records and make 
     such records, or portions thereof, available in accordance 
     with the provisions of section 552 of title 5, United States 
     Code (commonly referred to as the Freedom of Information 
     Act), and such order shall be the exclusive remedy for 
     failure to comply with this section.
       ``(F) If at any time following the filing of a complaint 
     pursuant to this paragraph the Office agrees to search each 
     appropriate exempted file for the requested records, the 
     court shall dismiss the claim based upon such complaint.
       ``(g) Definitions.--In this section:
       ``(1) The term `exempted operational file' means a file of 
     an element of the intelligence community that, in accordance 
     with this title, is exempted from the provisions of section 
     552 of title 5, United States Code, that require search, 
     review, publication, or disclosure of such file.
       ``(2) Except as otherwise specifically provided, the term 
     `Office' means the Office of the Director of National 
     Intelligence.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947, as 
     amended by section 406(b) of this Act, is further amended by 
     inserting after the item relating to section 705 the 
     following new item:

``Sec. 706. Protection of certain files of the Office of the Director 
              of National Intelligence.''.

     SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE 
                   INTELLIGENCE COMMUNITY.

       Section 1102 of the National Security Act of 1947 (50 
     U.S.C. 442a) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (2); and
       (B) by striking ``(1) In'' and inserting ``In''; and
       (2) in subsection (c)--
       (A) by striking paragraph (2); and
       (B) by striking ``(1) The'' and inserting ``The''.

     SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT 
                   TO ADVISORY COMMITTEES OF THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) In General.--Section 4(b) of the Federal Advisory 
     Committee Act (5 U.S.C. App.) is amended--
       (1) in paragraph (1), by striking ``or'';
       (2) in paragraph (2), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the Office of the Director of National Intelligence, 
     if the Director of National Intelligence determines that for 
     reasons of national security such advisory committee cannot 
     comply with the requirements of this Act.''.
       (b) Annual Report.--
       (1) In general.--The Director of National Intelligence and 
     the Director of the Central Intelligence Agency shall each 
     submit to the congressional intelligence committees an annual 
     report on advisory committees created by each such Director. 
     Each report shall include--
       (A) a description of each such advisory committee, 
     including the subject matter of the committee; and
       (B) a list of members of each such advisory committee.
       (2) Report on reasons for odni exclusion of advisory 
     committee from faca.--Each report submitted by the Director 
     of National Intelligence in accordance with paragraph (1) 
     shall include the reasons for a determination by the Director 
     under section 4(b)(3) of the Federal Advisory Committee Act 
     (5 U.S.C. App.), as added by subsection (a) of this section, 
     that an advisory committee cannot comply with the 
     requirements of such Act.

     SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE 
                   ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.

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

     SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE 
                   OFFICE OF THE NATIONAL COUNTERINTELLIGENCE 
                   EXECUTIVE.

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

     SEC. 413. MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE NAME, INITIALS, OR SEAL.

       (a) Prohibition.--Title XI of the National Security Act of 
     1947 (50 U.S.C. 442 et seq.) is amended by adding at the end 
     the following new section:


 ``misuse of the office of the director of national intelligence name, 
                           initials, or seal

       ``Sec. 1103.  (a) Prohibited Acts.--No person may, except 
     with the written permission of the Director of National 
     Intelligence, or a designee of the Director, knowingly use 
     the words `Office of the Director of National Intelligence', 
     the initials `ODNI', the seal of the Office of the Director 
     of National Intelligence, or any colorable imitation of such 
     words, initials, or seal in connection with any merchandise, 
     impersonation, solicitation, or commercial activity in a 
     manner reasonably calculated to convey the impression that 
     such use is approved, endorsed, or authorized by the Director 
     of National Intelligence.
       ``(b) Injunction.--Whenever it appears to the Attorney 
     General that any person is engaged or is about to engage in 
     an act or practice which constitutes or will constitute 
     conduct prohibited by subsection (a), the Attorney General 
     may initiate a civil proceeding in a district court of the 
     United States to enjoin such act or practice. Such court 
     shall proceed as soon as practicable to the hearing and 
     determination of such action and may, at any time before 
     final determination, enter such restraining orders or 
     prohibitions, or take such other action as is warranted, to 
     prevent injury to the United States or to any person or class 
     of persons for whose protection the action is brought.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of such Act, as amended by section 408 of 
     this Act, is further amended by inserting after the item 
     relating to section 1102 the following new item:

``Sec. 1103. Misuse of the Office of the Director of National 
              Intelligence name, initials, or seal.''.

     SEC. 414. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA 
                   CENTER ENERGY EFFICIENCY REPORTS.

       (a) Plan.--The Director of National Intelligence shall 
     develop a plan to implement the recommendations of the report 
     submitted to Congress under section 1 of the Act entitled 
     ``An Act to study and promote the use of energy efficient 
     computer servers in the United States'' (Public Law 109-431; 
     120 Stat. 2920) across the intelligence community.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report containing the plan developed under 
     subsection (a).
       (2) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR 
                   REVIEWS OF INTERNATIONAL TRAFFIC IN ARMS 
                   REGULATIONS AND EXPORT ADMINISTRATION 
                   REGULATIONS.

       The Director of National Intelligence may provide support 
     for any review conducted by a department or agency of the 
     United States Government of the International Traffic in Arms 
     Regulations or Export Administration Regulations, including a 
     review of technologies and goods on the United States 
     Munitions List and Commerce Control List that

[[Page S6789]]

     may warrant controls that are different or additional to the 
     controls such technologies and goods are subject to at the 
     time of such review.

                Subtitle B--Central Intelligence Agency

     SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE 
                   PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.

       Section 5(a)(4) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403f(a)(4)) is amended--
       (1) by striking ``and the protection'' and inserting ``the 
     protection''; and
       (2) by inserting before the semicolon the following: ``, 
     and the protection of the Director of National Intelligence 
     and such personnel of the Office of the Director of National 
     Intelligence as the Director of National Intelligence may 
     designate''.

     SEC. 422. APPEALS FROM DECISIONS INVOLVING CONTRACTS OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       Section 8(d) of the Contract Disputes Act of 1978 (41 
     U.S.C. 607(d)) is amended by adding at the end 
     ``Notwithstanding any other provision of this section and any 
     other provision of law, an appeal from a decision of a 
     contracting officer of the Central Intelligence Agency 
     relative to a contract made by that Agency may be filed with 
     whichever of the Armed Services Board of Contract Appeals or 
     the Civilian Board of Contract Appeals is specified by such 
     contracting officer as the Board to which such an appeal may 
     be made and such Board shall have jurisdiction to decide that 
     appeal.''.

     SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.

       (a) Establishment and Duties of Deputy Director of the 
     CIA.--Title I of the National Security Act of 1947 (50 U.S.C. 
     402 et seq.), as amended by section 406 of this Act, is 
     further amended by inserting after section 104A the following 
     new section:


          ``deputy director of the central intelligence agency

       ``Sec. 104B.  (a) Deputy Director of the Central 
     Intelligence Agency.--There is a Deputy Director of the 
     Central Intelligence Agency who shall be appointed by the 
     President.
       ``(b) Duties.--The Deputy Director of the Central 
     Intelligence Agency shall--
       ``(1) assist the Director of the Central Intelligence 
     Agency in carrying out the duties and responsibilities of the 
     Director of the Central Intelligence Agency; and
       ``(2) during the absence or disability of the Director of 
     the Central Intelligence Agency, or during a vacancy in the 
     position of Director of the Central Intelligence Agency, act 
     for and exercise the powers of the Director of the Central 
     Intelligence Agency.''.
       (b) Conforming Amendments.--
       (1) Executive schedule iii.--Section 5314 of title 5, 
     United States Code, is amended by striking ``Deputy Directors 
     of Central Intelligence (2)'' and inserting ``Deputy Director 
     of the Central Intelligence Agency''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947, as 
     amended by section 414 of this Act, is further amended by 
     inserting after the item relating to section 104A the 
     following new item:

``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.
       (c) Applicability.--The amendments made by this section 
     shall apply on the earlier of--
       (1) the date of the appointment by the President of an 
     individual to serve as Deputy Director of the Central 
     Intelligence Agency pursuant to section 104B of the National 
     Security Act of 1947, as added by subsection (a), except that 
     the individual administratively performing the duties of the 
     Deputy Director of the Central Intelligence Agency as of the 
     date of the enactment of this Act may continue to perform 
     such duties until the individual appointed to the position of 
     Deputy Director of the Central Intelligence Agency assumes 
     the duties of such position; or
       (2) the date of the cessation of the performance of the 
     duties of the Deputy Director of the Central Intelligence 
     Agency by the individual administratively performing such 
     duties as of the date of the enactment of this Act.

     SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COMMON CARRIER.

       Subsection (b) of section 116 of the National Security Act 
     of 1947 (50 U.S.C. 404k) is amended by striking the period at 
     the end and inserting ``, who may delegate such authority to 
     other appropriate officials of the Central Intelligence 
     Agency.''.

     SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE 
                   AGENCY.

       (a) Appointment and Qualifications of the Inspector 
     General.--Paragraph (1) of section 17(b) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 403q(b)) is 
     amended by striking the second and third sentences and 
     inserting ``This appointment shall be made without regard to 
     political affiliation and shall be on the basis of integrity 
     and demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, or 
     investigation. Such appointment shall also be made on the 
     basis of compliance with the security standards of the Agency 
     and prior experience in the field of foreign intelligence.''.
       (b) Removal of the Inspector General.--Paragraph (6) of 
     section 17(b) of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 403q(b)) is amended--
       (1) by striking ``immediately''; and
       (2) by striking the period at the end and inserting ``not 
     later than 30 days prior to the effective date of such 
     removal. Nothing in this paragraph shall be construed to 
     prohibit a personnel action otherwise authorized by law, 
     other than transfer or removal.''.
       (c) Application of Semiannual Reporting Requirements With 
     Respect To Review Reports.--Paragraph (1) of section 17(d) of 
     the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     403q(d)) is amended in the matter preceding subparagraph (A) 
     by inserting ``review,'' after ``investigation,''.
       (d) Protection Against Reprisals.--Subparagraph (B) of 
     section 17(e)(3) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403q(e)(3)) is amended by inserting ``or 
     providing such information'' after ``making such complaint''.
       (e) Inspector General Subpoena Power.--Subparagraph (A) of 
     section 17(e)(5) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403q(e)(5)) is amended by inserting ``in any 
     medium (including electronically stored information or any 
     tangible thing)'' after ``other data''.
       (f) Other Administrative Authorities.--
       (1) In general.--Subsection (e) of section 17 of the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 403q), as 
     amended by subsections (d) and (e) of this section, is 
     further amended--
       (A) by redesignating paragraph (8) as subparagraph (9);
       (B) in paragraph (9), as so redesignated--
       (i) by striking ``Subject to the concurrence of the 
     Director, the'' and inserting ``The''; and
       (ii) by adding at the end the following: ``Consistent with 
     budgetary and personnel resources allocated by the Director, 
     the Inspector General has final approval of--
       ``(A) the selection of internal and external candidates for 
     employment with the Office of Inspector General; and
       ``(B) all other personnel decisions concerning personnel 
     permanently assigned to the Office of Inspector General, 
     including selection and appointment to the Senior 
     Intelligence Service, but excluding all security-based 
     determinations that are not within the authority of a head of 
     other Central Intelligence Agency offices.''; and
       (C) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8)(A) The Inspector General shall--
       ``(i) appoint a Counsel to the Inspector General who shall 
     report to the Inspector General; or
       ``(ii) obtain the services of a counsel appointed by and 
     directly reporting to another Inspector General or the 
     Council of the Inspectors General on Integrity and Efficiency 
     on a reimbursable basis.
       ``(B) The counsel appointed or obtained under subparagraph 
     (A) shall perform such functions as the Inspector General may 
     prescribe.''.
       (2) Construction.--Nothing in the amendment made by 
     paragraph (1)(C) shall be construed to alter the duties and 
     responsibilities of the General Counsel of the Central 
     Intelligence Agency.

     SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE CENTRAL 
                   INTELLIGENCE AGENCY.

       Subsection (f) of section 17 of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 403q) is amended--
       (1) by inserting ``(1)'' before ``Beginning''; and
       (2) by adding at the end the following new paragraph:
       ``(2) For each fiscal year, the Inspector General shall 
     transmit a budget estimate and request through the Director 
     to the Director of National Intelligence that specifies for 
     such fiscal year--
       ``(A) the aggregate amount requested for the operations of 
     the Inspector General;
       ``(B) the amount requested for all training requirements of 
     the Inspector General, including a certification from the 
     Inspector General that the amount requested is sufficient to 
     fund all training requirements for the Office; and
       ``(C) the amount requested to support the Council of the 
     Inspectors General on Integrity and Efficiency, including a 
     justification for such amount.
       ``(3) In transmitting a proposed budget to the President 
     for a fiscal year, the Director of National Intelligence 
     shall include for such fiscal year--
       ``(A) the aggregate amount requested for the Inspector 
     General of the Central Intelligence Agency;
       ``(B) the amount requested for Inspector General training;
       ``(C) the amount requested to support the Council of the 
     Inspectors General on Integrity and Efficiency; and
       ``(D) the comments of the Inspector General, if any, with 
     respect to such proposed budget.
       ``(4) The Director of National Intelligence shall submit to 
     the Committee on Appropriations and the Select Committee on 
     Intelligence of the Senate and the Committee on 
     Appropriations and the Permanent Select Committee on 
     Intelligence of the House of Representatives for each fiscal 
     year--
       ``(A) a separate statement of the budget estimate 
     transmitted pursuant to paragraph (2);
       ``(B) the amount requested by the Director of National 
     Intelligence for the Inspector General pursuant to paragraph 
     (3)(A);
       ``(C) the amount requested by the Director of National 
     Intelligence for training of personnel of the Office of the 
     Inspector General pursuant to paragraph (3)(B);
       ``(D) the amount requested by the Director of National 
     Intelligence for support for the

[[Page S6790]]

     Council of the Inspectors General on Integrity and Efficiency 
     pursuant to paragraph (3)(C); and
       ``(E) the comments of the Inspector General under paragraph 
     (3)(D), if any, on the amounts requested pursuant to 
     paragraph (3), including whether such amounts would 
     substantially inhibit the Inspector General from performing 
     the duties of the Office.''.

     SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED VERSIONS OF 
                   CERTAIN INTELLIGENCE PRODUCTS.

       The Director of the Central Intelligence Agency shall make 
     publicly available an unclassified version of any memoranda 
     or finished intelligence products assessing the--
       (1) information gained from high-value detainee reporting; 
     and
       (2) dated April 3, 2003, July 15, 2004, March 2, 2005, and 
     June 1, 2005.

              Subtitle C--Defense Intelligence Components

     SEC. 431. INSPECTOR GENERAL MATTERS.

       (a) Coverage Under Inspector General Act of 1978.--
     Subsection (a)(2) of section 8G of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended--
       (1) by inserting ``the Defense Intelligence Agency,'' after 
     ``the Corporation for Public Broadcasting,'';
       (2) by inserting ``the National Geospatial-Intelligence 
     Agency,'' after ``the National Endowment for the 
     Humanities,''; and
       (3) by inserting ``the National Reconnaissance Office, the 
     National Security Agency,'' after ``the National Labor 
     Relations Board,''.
       (b) Certain Designations Under Inspector General Act of 
     1978.--Subsection (a) of section 8H of the Inspector General 
     Act of 1978 (5 U.S.C. App.) is amended by adding at the end 
     the following new paragraph:
       ``(3) The Inspectors General of the Defense Intelligence 
     Agency, the National Geospatial-Intelligence Agency, the 
     National Reconnaissance Office, and the National Security 
     Agency shall be designees of the Inspector General of the 
     Department of Defense for purposes of this section.''.
       (c) Power of Heads of Elements Over Investigations.--
     Subsection (d) of section 8G of such Act (5 U.S.C. App.) is 
     amended--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) in the second sentence of paragraph (1), as designated 
     by paragraph (1) of this subsection, by striking ``The head'' 
     and inserting ``Except as provided in paragraph (2), the 
     head''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) The Secretary of Defense, in consultation with the 
     Director of National Intelligence, may prohibit the inspector 
     general of an element of the intelligence community specified 
     in subparagraph (D) from initiating, carrying out, or 
     completing any audit or investigation if the Secretary 
     determines that the prohibition is necessary to protect vital 
     national security interests of the United States.
       ``(B) If the Secretary exercises the authority under 
     subparagraph (A), the Secretary shall submit to the 
     committees of Congress specified in subparagraph (E) an 
     appropriately classified statement of the reasons for the 
     exercise of such authority not later than 7 days after the 
     exercise of such authority.
       ``(C) At the same time the Secretary submits under 
     subparagraph (B) a statement on the exercise of the authority 
     in subparagraph (A) to the committees of Congress specified 
     in subparagraph (E), the Secretary shall notify the inspector 
     general of such element of the submittal of such statement 
     and, to the extent consistent with the protection of 
     intelligence sources and methods, provide such inspector 
     general with a copy of such statement. Such inspector general 
     may submit to such committees of Congress any comments on a 
     notice or statement received by the inspector general under 
     this subparagraph that the inspector general considers 
     appropriate.
       ``(D) The elements of the intelligence community specified 
     in this subparagraph are as follows:
       ``(i) The Defense Intelligence Agency.
       ``(ii) The National Geospatial-Intelligence Agency.
       ``(iii) The National Reconnaissance Office.
       ``(iv) The National Security Agency.
       ``(E) The committees of Congress specified in this 
     subparagraph are--
       ``(i) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       ``(ii) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.''.

     SEC. 432. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF 
                   NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR 
                   ANALYSIS AND DISSEMINATION OF CERTAIN 
                   INTELLIGENCE INFORMATION.

       Section 442(a) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) As directed by the Director of National 
     Intelligence, the National Geospatial-Intelligence Agency 
     shall develop a system to facilitate the analysis, 
     dissemination, and incorporation of likenesses, videos, and 
     presentations produced by ground-based platforms, including 
     handheld or clandestine photography taken by or on behalf of 
     human intelligence collection organizations or available as 
     open-source information, into the National System for 
     Geospatial Intelligence.
       ``(B) The authority provided by this paragraph does not 
     include authority for the National Geospatial-Intelligence 
     Agency to manage tasking of handheld or clandestine 
     photography taken by or on behalf of human intelligence 
     collection organizations.''; and
       (3) in paragraph (3), as so redesignated, by striking 
     ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.

     SEC. 433. DIRECTOR OF COMPLIANCE OF THE NATIONAL SECURITY 
                   AGENCY.

       The National Security Agency Act of 1959 (50 U.S.C. 402 
     note) is amended by inserting after the first section the 
     following new section:
       ``Sec. 2.  There is a Director of Compliance of the 
     National Security Agency, who shall be appointed by the 
     Director of the National Security Agency and who shall be 
     responsible for the programs of compliance over mission 
     activities of the National Security Agency.''.

                       Subtitle D--Other Elements

     SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF THE 
                   INTELLIGENCE COMMUNITY.

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

     SEC. 442. AUTHORIZATION OF APPROPRIATIONS FOR COAST GUARD 
                   NATIONAL TACTICAL INTEGRATION OFFICE.

       Title 14, United States Code, is amended--
       (1) in paragraph (4) of section 93(a), by striking 
     ``function'' and inserting ``function, including research, 
     development, test, or evaluation related to intelligence 
     systems and capabilities,''; and
       (2) in paragraph (4) of section 662, by inserting 
     ``intelligence systems and capabilities or'' after ``related 
     to''.

     SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE FEDERAL 
                   BUREAU OF INVESTIGATION.

       Section 5759 of title 5, United States Code, is amended--
       (1) in subsection (a)(2), by striking ``is transferred to a 
     different geographic area with a higher cost of living'' and 
     inserting ``is subject to a mobility agreement and is 
     transferred to a position in a different geographical area in 
     which there is a shortage of critical skills'';
       (2) in subsection (b)(2), by striking the period at the end 
     and inserting ``, including requirements for a bonus 
     recipient's repayment of a bonus in circumstances determined 
     by the Director of the Federal Bureau of Investigation.'';
       (3) in subsection (c), by striking ``basic pay.'' and 
     inserting ``annual rate of basic pay. The bonus may be paid 
     in a lump sum or installments linked to completion of periods 
     of service.''; and
       (4) in subsection (d), by striking ``retention bonus'' and 
     inserting ``bonus paid under this section''.

     SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL BUREAU OF 
                   INVESTIGATION TO WAIVE MANDATORY RETIREMENT 
                   PROVISIONS.

       (a) Civil Service Retirement System.--Subsection (b) of 
     section 8335 of title 5, United States Code, is amended--
       (1) in the paragraph (2) enacted by section 112(a)(2) of 
     the Department of Justice Appropriations Act, 2005 (title I 
     of division B of Public Law 108-447; 118 Stat. 2868), by 
     striking ``2009'' and inserting ``2011''; and
       (2) by striking the paragraph (2) enacted by section 
     2005(a)(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3704).
       (b) Federal Employees' Retirement System.--Subsection (b) 
     of section 8425 of title 5, United States Code, is amended--
       (1) in the paragraph (2) enacted by section 112(b)(2) of 
     the Department of Justice Appropriations Act, 2005 (title I 
     of division B of Public Law 108-447; 118 Stat. 2868), by 
     striking ``2009'' and inserting ``2011''; and
       (2) by striking the paragraph (2) enacted by section 
     2005(b)(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3704).

     SEC. 445. REPORT AND ASSESSMENTS ON TRANSFORMATION OF THE 
                   INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU 
                   OF INVESTIGATION.

       (a) Report.--
       (1) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Federal Bureau 
     of Investigation, in consultation with the Director of 
     National Intelligence, shall submit to the congressional 
     intelligence committees, the Committee on the Judiciary of 
     the Senate, and the Committee on the Judiciary of the House 
     of Representatives a report describing--
       (A) a long-term vision for the intelligence capabilities of 
     the National Security Branch of the Bureau;
       (B) a strategic plan for the National Security Branch; and
       (C) the progress made in advancing the capabilities of the 
     National Security Branch.
       (2) Content.--The report required by paragraph (1) shall 
     include--
       (A) a description of the direction, strategy, and goals for 
     improving the intelligence capabilities of the National 
     Security Branch;

[[Page S6791]]

       (B) a description of the intelligence and national security 
     capabilities of the National Security Branch that will be 
     fully functional within the five-year period beginning on the 
     date on which the report is submitted;
       (C) a description--
       (i) of the internal reforms that were carried out at the 
     National Security Branch during the two-year period ending on 
     the date on which the report is submitted; and
       (ii) of the manner in which such reforms have advanced the 
     capabilities of the National Security Branch;
       (D) an assessment of the effectiveness of the National 
     Security Branch in performing tasks that are critical to the 
     effective functioning of the National Security Branch as an 
     intelligence agency, including--
       (i) human intelligence collection, both within and outside 
     the parameters of an existing case file or ongoing 
     investigation, in a manner that protects civil liberties;
       (ii) intelligence analysis, including the ability of the 
     National Security Branch to produce, and provide policymakers 
     with, information on national security threats to the United 
     States;
       (iii) management, including the ability of the National 
     Security Branch to manage and develop human capital and 
     implement an organizational structure that supports the 
     objectives and strategies of the Branch;
       (iv) integration of the National Security Branch into the 
     intelligence community, including an ability to robustly 
     share intelligence and effectively communicate and operate 
     with appropriate Federal, State, local, and tribal partners;
       (v) implementation of an infrastructure that supports the 
     national security and intelligence missions of the National 
     Security Branch, including proper information technology and 
     facilities; and
       (vi) reformation of the culture of the National Security 
     Branch, including the integration by the Branch of 
     intelligence analysts and other professional staff into 
     intelligence collection operations and the success of the 
     National Security Branch in ensuring that intelligence and 
     threat information drive the operations of the Branch;
       (E) performance metrics and specific annual timetables for 
     advancing the performance of the tasks referred to in clauses 
     (i) through (vi) of subparagraph (D) and a description of the 
     activities being undertaken to ensure that the performance of 
     the National Security Branch in carrying out such tasks 
     improves; and
       (F) an assessment of the effectiveness of the field office 
     supervisory term limit policy of the Federal Bureau of 
     Investigation that requires the mandatory reassignment of a 
     supervisor of the Bureau after a specific term of years.
       (b) Annual Assessments.--
       (1) Requirement for assessments.--Not later than 180 days 
     after the date on which the report required by subsection 
     (a)(1) is submitted, and annually thereafter for five years, 
     the Director of National Intelligence, in consultation with 
     the Director of the Federal Bureau of Investigation, shall 
     submit to the congressional intelligence committees, the 
     Committee on the Judiciary of the Senate, and the Committee 
     on the Judiciary of the House of Representatives an 
     assessment of the performance of the National Security Branch 
     in carrying out the tasks referred to in clauses (i) through 
     (vi) of subsection (a)(2)(D) in comparison to such 
     performance during previous years.
       (2) Considerations.--In conducting each assessment required 
     by paragraph (1), the Director of National Intelligence--
       (A) shall use the performance metrics and specific annual 
     timetables for carrying out such tasks referred to in 
     subsection (a)(2)(E); and
       (B) may request the assistance of any expert that the 
     Director considers appropriate, including an inspector 
     general of an appropriate department or agency.

 TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE 
                             PROGRAM OFFICE

     SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS 
                   SERVICE PROGRAM OFFICE.

       (a) Reorganization of the Diplomatic Telecommunications 
     Service Program Office.--
       (1) In general.--Subtitle B of title III of the 
     Intelligence Authorization Act for Fiscal Year 2001 (Public 
     Law 106-567; 22 U.S.C. 7301 et seq.) is amended by striking 
     sections 321, 322, 323, and 324, and inserting the following 
     new sections:

     ``SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM 
                   OFFICE.

       ``(a) Reorganization.--The Diplomatic Telecommunications 
     Service Program Office established pursuant to title V of 
     Public Law 102-140 shall be reorganized in accordance with 
     this subtitle.
       ``(b) Duties.--The duties of the DTS-PO include 
     implementing a program for the establishment and maintenance 
     of a DTS Network capable of providing multiple levels of 
     service to meet the wide-ranging needs of all United States 
     Government departments and agencies operating from diplomatic 
     and consular facilities outside of the United States, 
     including national security needs for secure, reliable, and 
     robust communications capabilities.

     ``SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC 
                   TELECOMMUNICATIONS SERVICE GOVERNANCE BOARD.

       ``(a) Governance Board.--
       ``(1) Establishment.--There is established the Diplomatic 
     Telecommunications Service Governance Board to direct and 
     oversee the activities and performance of the DTS-PO.
       ``(2) Executive agent.--
       ``(A) Designation.--The Director of the Office of 
     Management and Budget shall designate, from among the 
     departments and agencies of the United States Government that 
     use the DTS Network, a department or agency as the DTS-PO 
     Executive Agent.
       ``(B) Duties.--The Executive Agent designated under 
     subparagraph (A) shall--
       ``(i) nominate a Director of the DTS-PO for approval by the 
     Governance Board in accordance with subsection (e); and
       ``(ii) perform such other duties as established by the 
     Governance Board in the determination of written implementing 
     arrangements and other relevant and appropriate governance 
     processes and procedures under paragraph (3).
       ``(3) Requirement for implementing arrangements.--Subject 
     to the requirements of this subtitle, the Governance Board 
     shall determine the written implementing arrangements and 
     other relevant and appropriate governance processes and 
     procedures to manage, oversee, resource, or otherwise 
     administer the DTS-PO.
       ``(b) Membership.--
       ``(1) Selection.--The Director of the Office of Management 
     and Budget shall designate from among the departments and 
     agencies that use the DTS Network--
       ``(A) four departments and agencies to each appoint one 
     voting member of the Governance Board from the personnel of 
     such departments and agencies; and
       ``(B) any other departments and agencies that the Director 
     considers appropriate to each appoint one nonvoting member of 
     the Governance Board from the personnel of such departments 
     and agencies.
       ``(2) Voting and nonvoting members.--The Governance Board 
     shall consist of voting members and nonvoting members as 
     follows:
       ``(A) Voting members.--The voting members shall consist of 
     a Chair, who shall be designated by the Director of the 
     Office of Management and Budget, and the four members 
     appointed by departments and agencies designated under 
     paragraph (1)(A).
       ``(B) Nonvoting members.--The nonvoting members shall 
     consist of the members appointed by departments and agencies 
     designated under paragraph (1)(B) and shall act in an 
     advisory capacity.
       ``(c) Chair Duties and Authorities.--The Chair of the 
     Governance Board shall--
       ``(1) preside over all meetings and deliberations of the 
     Governance Board;
       ``(2) provide the Secretariat functions of the Governance 
     Board; and
       ``(3) propose bylaws governing the operation of the 
     Governance Board.
       ``(d) Quorum, Decisions, Meetings.--A quorum of the 
     Governance Board shall consist of the presence of the Chair 
     and four voting members. The decisions of the Governance 
     Board shall require a majority of the voting membership. The 
     Chair shall convene a meeting of the Governance Board not 
     less than four times each year to carry out the functions of 
     the Governance Board. The Chair or any voting member may 
     convene a meeting of the Governance Board.
       ``(e) Governance Board Duties.--The Governance Board shall 
     have the following duties with respect to the DTS-PO:
       ``(1) To approve and monitor the plans, services, 
     priorities, policies, and pricing methodology of the DTS-PO 
     for bandwidth costs and projects carried out at the request 
     of a department or agency that uses the DTS Network.
       ``(2) To provide to the DTS-PO Executive Agent the 
     recommendation of the Governance Board with respect to the 
     approval, disapproval, or modification of each annual budget 
     request for the DTS-PO, prior to the submission of any such 
     request by the Executive Agent.
       ``(3) To review the performance of the DTS-PO against plans 
     approved under paragraph (1) and the management activities 
     and internal controls of the DTS-PO.
       ``(4) To require from the DTS-PO any plans, reports, 
     documents, and records the Governance Board considers 
     necessary to perform its oversight responsibilities.
       ``(5) To conduct and evaluate independent audits of the 
     DTS-PO.
       ``(6) To approve or disapprove the nomination of the 
     Director of the DTS-PO by the Executive Agent with a majority 
     vote of the Governance Board.
       ``(7) To recommend to the Executive Agent the replacement 
     of the Director of the DTS-PO with a majority vote of the 
     Governance Board.
       ``(f) National Security Interests.--The Governance Board 
     shall ensure that those enhancements of, and the provision of 
     service for, telecommunication capabilities that involve the 
     national security interests of the United States receive the 
     highest prioritization.

     ``SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNICATIONS 
                   SERVICE.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for the operations, maintenance, development, enhancement, 
     modernization, and investment costs of the DTS Network and 
     the DTS-PO. Funds appropriated for allocation to the DTS-PO 
     shall remain available to the DTS-PO for a period of two 
     fiscal years.
       ``(b) Fees.--The DTS-PO shall charge a department or agency 
     that uses the DTS Network for only those bandwidth costs 
     attributable to such department or agency and for

[[Page S6792]]

     specific projects carried out at the request of such 
     department or agency, pursuant to the pricing methodology for 
     such bandwidth costs and such projects approved under section 
     322(e)(1), for which amounts have not been appropriated for 
     allocation to the DTS-PO. The DTS-PO is authorized to 
     directly receive payments from departments or agencies that 
     use the DTS Network and to invoice such departments or 
     agencies for the fees under this section either in advance 
     of, or upon or after, providing the bandwidth or performing 
     such projects. Such funds received from such departments or 
     agencies shall remain available to the DTS-PO for a period of 
     two fiscal years.

     ``SEC. 324. DEFINITIONS.

       ``In this subtitle:
       ``(1) DTS network.--The term `DTS Network' means the 
     worldwide telecommunications network supporting all United 
     States Government agencies and departments operating from 
     diplomatic and consular facilities outside of the United 
     States.
       ``(2) DTS-PO.--The term `DTS-PO' means the Diplomatic 
     Telecommunications Service Program Office.
       ``(3) Governance board.--The term `Governance Board' means 
     the Diplomatic Telecommunications Service Governance Board 
     established under section 322(a)(1).''.
       (2) Table of contents amendment.--The table of contents in 
     section 1(b) of the Intelligence Authorization Act for Fiscal 
     Year 2001 (Public Law 106-567; 114 Stat. 2831) is amended by 
     striking the items relating to sections 321, 322, 323, and 
     324 and inserting the following new items:

``Sec. 321. Diplomatic Telecommunications Service Program Office.
``Sec. 322. Establishment of the Diplomatic Telecommunications Service 
              Governance Board.
``Sec. 323. Funding of the Diplomatic Telecommunications Service.
``Sec. 324. Definitions.''.
       (b) Conforming Amendments.--
       (1) Repeal of suspension of reorganization.--
       (A) Repeal.--The Intelligence Authorization Act for Fiscal 
     Year 2002 (Public Law 107-108; 22 U.S.C. 7301 note) is 
     amended by striking section 311.
       (B) Table of contents amendment.--The table of contents in 
     section 1 of such Act is amended by striking the item 
     relating to section 311.
       (2) Repeal of reform.--
       (A) Repeal.--The Admiral James W. Nance and Meg Donovan 
     Foreign Relations Authorization Act, Fiscal Years 2000 and 
     2001 (as enacted into law by section 1000(a)(7) of Public Law 
     106-113 and contained in appendix G of that Act; 113 Stat. 
     1501A-405) is amended by striking section 305.
       (B) Table of contents amendment.--The table of contents in 
     section 2(b) of such Act is amended by striking the item 
     related to section 305.
       (3) Repeal of reporting requirements.--Section 507(b) of 
     the National Security Act of 1947 (50 U.S.C. 415b(b)), as 
     amended by section 351 of this Act, is further amended--
       (A) by striking paragraph (3); and
       (B) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively.

     TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Foreign Intelligence and 
     Information Commission Act''.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Foreign 
     Intelligence and Information Commission established in 
     section 603(a).
       (2) Foreign intelligence; intelligence.--The terms 
     ``foreign intelligence'' and ``intelligence'' have the 
     meaning given those terms in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 401a).
       (3) Information.--The term ``information'' includes 
     information of relevance to the foreign policy of the United 
     States collected and conveyed through diplomatic reporting 
     and other reporting by personnel of the United States 
     Government who are not employed by an element of the 
     intelligence community, including public and open-source 
     information.

     SEC. 603. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.

       (a) Establishment.--There is established in the legislative 
     branch a Foreign Intelligence and Information Commission.
       (b) Purpose.--The purpose of the Commission is to evaluate 
     systems and processes at the strategic, interagency level and 
     provide recommendations accordingly, and not to seek to 
     duplicate the functions of the Director of National 
     Intelligence.
       (c) Functions.--The Commission shall--
       (1) evaluate the current processes or systems for the 
     strategic integration of the intelligence community, 
     including the Open Source Center, and other elements of the 
     United States Government, including the Department of State, 
     with regard to the collection, reporting, and analysis of 
     foreign intelligence and information;
       (2) provide recommendations to improve or develop such 
     processes or systems to integrate the intelligence community 
     with other elements of the United States Government, 
     potentially including the development of an interagency 
     strategy that identifies--
       (A) the collection, reporting, and analysis requirements of 
     the United States Government;
       (B) the elements of the United States Government best 
     positioned to meet collection and reporting requirements, 
     with regard to missions, comparative institutional 
     advantages, and any other relevant factors; and
       (C) interagency budget and resource allocations necessary 
     to achieve such collection, reporting, and analytical 
     requirements;
       (3) evaluate the extent to which current intelligence 
     collection, reporting, and analysis strategies are intended 
     to provide global coverage and anticipate future threats, 
     challenges, and crises;
       (4) provide recommendations on how to incorporate into the 
     interagency strategy the means to anticipate future threats, 
     challenges, and crises, including by identifying and 
     supporting collection, reporting, and analytical capabilities 
     that are global in scope and directed at emerging, long-term, 
     and strategic targets;
       (5) provide recommendations on strategies for sustaining 
     human and budgetary resources to effect the global collection 
     and reporting missions identified in the interagency 
     strategy, including the prepositioning of collection and 
     reporting capabilities;
       (6) provide recommendations for developing, clarifying, 
     and, if necessary, bolstering current and future collection 
     and reporting roles and capabilities of elements of the 
     United States Government that are not elements of the 
     intelligence community deployed in foreign countries;
       (7) provide recommendations related to the role of 
     individual country missions in contributing to the 
     interagency strategy;
       (8) evaluate the extent to which the establishment of new 
     embassies and out-of-embassy posts are able to contribute to 
     expanded global coverage and increased collection and 
     reporting and provide recommendations related to the 
     establishment of new embassies and out-of-embassy posts;
       (9) provide recommendations on executive or legislative 
     changes necessary to establish any new executive branch 
     entity or to expand the authorities of any existing executive 
     branch entity, as needed to improve the strategic integration 
     referred to in paragraph (1) and develop and oversee the 
     implementation of any interagency strategy;
       (10) provide recommendations on processes for developing 
     and presenting to Congress budget requests for each relevant 
     element of the United States Government that reflect the 
     allocations identified in the interagency strategy and for 
     congressional oversight of the development and implementation 
     of the strategy; and
       (11) provide recommendations on any institutional reforms 
     related to the collection and reporting roles of individual 
     elements of the United States Government outside the 
     intelligence community, as well as any budgetary, 
     legislative, or other changes needed to achieve such reforms.

     SEC. 604. MEMBERS AND STAFF OF THE COMMISSION.

       (a) Members of the Commission.--
       (1) Appointment.--The Commission shall be composed of 10 
     members as follows:
       (A) Two members appointed by the majority leader of the 
     Senate.
       (B) Two members appointed by the minority leader of the 
     Senate.
       (C) Two members appointed by the Speaker of the House of 
     Representatives.
       (D) Two members appointed by the minority leader of the 
     House of Representatives.
       (E) One nonvoting member appointed by the Director of 
     National Intelligence.
       (F) One nonvoting member appointed by the Secretary of 
     State.
       (2) Selection.--
       (A) In general.--Members of the Commission shall be 
     individuals who--
       (i) are not officers or employees of the United States 
     Government or any State or local government; and
       (ii) have knowledge and experience--

       (I) in foreign information and intelligence collection, 
     reporting, and analysis, including clandestine collection and 
     classified analysis (such as experience in the intelligence 
     community), diplomatic reporting and analysis, and collection 
     of public and open-source information;
       (II) in issues related to the national security and foreign 
     policy of the United States gained by serving as a senior 
     official of the Department of State, a member of the Foreign 
     Service, an employee or officer of an appropriate department 
     or agency of the United States, or an independent 
     organization with expertise in the field of international 
     affairs; or
       (III) with foreign policy decision-making.

       (B) Diversity of experience.--The individuals appointed to 
     the Commission should be selected with a view to establishing 
     diversity of experience with regard to various geographic 
     regions, functions, and issues.
       (3) Consultation.--The Speaker and the minority leader of 
     the House of Representatives, the majority leader and the 
     minority leader of the Senate, the Director of National 
     Intelligence, and the Secretary of State shall consult among 
     themselves prior to the appointment of the members of the 
     Commission in order to achieve, to the maximum extent 
     possible, fair and equitable representation of various points 
     of view with respect to the matters to be considered by the 
     Commission in accordance with this title.
       (4) Time of appointment.--The appointments under subsection 
     (a) shall be made--
       (A) after the date on which funds are first appropriated 
     for the Commission pursuant to section 609; and

[[Page S6793]]

       (B) not later than 60 days after such date.
       (5) Term of appointment.--Members shall be appointed for 
     the life of the Commission.
       (6) Vacancies.--Any vacancy of the Commission shall not 
     affect the powers of the Commission and shall be filled in 
     the manner in which the original appointment was made.
       (7) Chair.--The voting members of the Commission shall 
     designate one of the voting members to serve as the chair of 
     the Commission.
       (8) Quorum.--Five voting members of the Commission shall 
     constitute a quorum for purposes of transacting the business 
     of the Commission.
       (9) Meetings.--The Commission shall meet at the call of the 
     chair and shall meet regularly, not less than once every 3 
     months, during the life of the Commission.
       (b) Staff.--
       (1) In general.--The chair of the Commission may, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service and chapter 
     51 and subchapter III of chapter 53 of that title relating to 
     classification of positions and General Schedule pay rates, 
     appoint and terminate an executive director and, in 
     consultation with the executive director, appoint and 
     terminate such other additional personnel as may be necessary 
     to enable the Commission to perform its duties. In addition 
     to the executive director and one full-time support staff for 
     the executive director, there shall be additional staff with 
     relevant intelligence and foreign policy experience to 
     support the work of the Commission.
       (2) Selection of the executive director.--The executive 
     director shall be selected with the approval of a majority of 
     the voting members of the Commission.
       (3) Compensation.--
       (A) Executive director.--The executive director shall be 
     compensated at the maximum annual rate payable for an 
     employee of a standing committee of the Senate under section 
     105(e) of the Legislative Branch Appropriations Act, 1968 (2 
     U.S.C. 61-1(e)), as adjusted by any order of the President 
     pro tempore of the Senate.
       (B) Staff.--The chair of the Commission may fix the 
     compensation of other personnel of the Commission without 
     regard to chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for such personnel may not exceed the maximum 
     annual rate payable for an employee of a standing committee 
     of the Senate under section 105(e) of the Legislative Branch 
     Appropriations Act, 1968 (2 U.S.C. 61-1(e)), as adjusted by 
     any order of the President pro tempore of the Senate.
       (c) Experts and Consultants.--The Commission is authorized 
     to procure temporary or intermittent services of experts and 
     consultants as necessary to the extent authorized by section 
     3109 of title 5, United States Code, at rates for individuals 
     not to exceed the daily equivalent of the maximum annual rate 
     of basic pay payable under section 5376 of such title.
       (d) Staff and Services of Other Agencies or Departments of 
     the United States.--Upon the request of the Commission, the 
     head of a department or agency of the United States may 
     detail, on a reimbursable or nonreimbursable basis, any of 
     the personnel of that department or agency to the Commission 
     to assist the Commission in carrying out this title. The 
     detail of any such personnel shall be without interruption or 
     loss of civil service or Foreign Service status or privilege.
       (e) Security Clearance.--The appropriate departments or 
     agencies of the United States shall cooperate with the 
     Commission in expeditiously providing to the members and 
     staff of the Commission appropriate security clearances to 
     the extent possible pursuant to existing procedures and 
     requirements.
       (f) Reports Under Ethics in Government Act of 1978.--
     Notwithstanding any other provision of law, for purposes of 
     title I of the Ethics in Government Act of 1978 (5 U.S.C. 
     App.), each member and staff of the Commission--
       (1) shall be deemed to be an officer or employee of the 
     Congress (as defined in section 109(13) of such title); and
       (2) shall file any report required to be filed by such 
     member or such staff (including by virtue of the application 
     of paragraph (1)) under title I of the Ethics in Government 
     Act of 1978 (5 U.S.C. App.) with the Secretary of the Senate.

     SEC. 605. POWERS AND DUTIES OF THE COMMISSION.

       (a) Hearings and Evidence.--The Commission may hold such 
     hearings, sit and act at such times and places, take such 
     testimony, and receive such evidence as the Commission 
     considers advisable to carry out this title.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any department or agency of the United 
     States such information as the Commission considers necessary 
     to carry out this title. Upon request of the chair of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission, subject to 
     applicable law.
       (c) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as a department or agency of the United States.
       (d) Administrative Support.--The Administrator of the 
     General Services Administration shall provide to the 
     Commission on a reimbursable basis (or, in the discretion of 
     the Administrator, on a nonreimbursable basis) such 
     administrative support services as the Commission may request 
     to carry out this title.
       (e) Administrative Procedures.--The Commission may adopt 
     such rules and regulations, relating to administrative 
     procedure, as may be reasonably necessary to enable the 
     Commission to carry out this title.
       (f) Travel.--
       (1) In general.--The members and staff of the Commission 
     may, with the approval of the Commission, conduct such travel 
     as is necessary to carry out this title.
       (2) Expenses.--Members of the Commission shall serve 
     without pay but shall be allowed travel expenses, including 
     per diem in lieu of subsistence, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Commission.
       (g) Gifts.--No member or staff of the Commission may 
     receive a gift or benefit by reason of the service of such 
     member or staff to the Commission.

     SEC. 606. REPORT OF THE COMMISSION.

       (a) In General.--
       (1) Interim report.--Not later than 300 days after the date 
     on which all members of the Commission are appointed under 
     section 604(a), the Commission shall submit to the 
     congressional intelligence committees an interim report 
     setting forth the preliminary evaluations and recommendations 
     of the Commission described in section 603(c).
       (2) Final report.--Not later than 60 days after the date of 
     the submission of the report required by paragraph (1), the 
     Commission shall submit a final report setting forth the 
     final evaluations and recommendations of the Commission 
     described in section 603(c) to each of the following:
       (A) The President.
       (B) The Director of National Intelligence.
       (C) The Secretary of State.
       (D) The congressional intelligence committees.
       (E) The Committee on Foreign Relations of the Senate.
       (F) The Committee on Foreign Affairs of the House of 
     Representatives.
       (b) Individual or Dissenting Views.--Each member of the 
     Commission may include that member's individual or dissenting 
     views in a report required by paragraph (1) or (2) of 
     subsection (a).
       (c) Form of Report.--The reports required by paragraphs (1) 
     and (2) of subsection (a), including any finding or 
     recommendation of such report, shall be submitted in 
     unclassified form, but may include a classified annex.

     SEC. 607. TERMINATION.

       (a) In General.--The Commission shall terminate on the date 
     that is 60 days after the date of the submission of the 
     report required by section 606(a)(2).
       (b) Transfer of Records.--Upon the termination of the 
     Commission under subsection (a), all records, files, 
     documents, and other materials in the possession, custody, or 
     control of the Commission shall be transferred to the Select 
     Committee on Intelligence of the Senate and deemed to be 
     records of such Committee.

     SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to the Commission.

     SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated 
     such sums as may be necessary to carry out this title.
       (b) Availability.--Amounts made available to the Commission 
     pursuant to subsection (a) shall remain available until 
     expended.

                        TITLE VII--OTHER MATTERS

     SEC. 701. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF 
                   THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE 
                   UNITED STATES INTELLIGENCE COMMUNITY.

       (a) Extension.--
       (1) In general.--Effective on the date on which funds are 
     first appropriated pursuant to subsection (b)(1) and subject 
     to paragraph (3), subsection (a) of section 1007 of the 
     Intelligence Authorization Act for Fiscal Year 2003 (Public 
     Law 107-306; 50 U.S.C. 401 note) is amended by striking 
     ``September 1, 2004,'' and inserting ``one year after the 
     date on which all members of the Commission are appointed 
     pursuant to section 701(a)(3) of the Intelligence 
     Authorization Act for Fiscal Year 2010,''.
       (2) Applicability of amendment.--The amendment made by 
     paragraph (1) shall take effect as if included in the 
     enactment of such section 1007.
       (3) Commission membership.--The membership of the National 
     Commission for the Review of the Research and Development 
     Programs of the United States Intelligence Community 
     established under subsection (a) of section 1002 of such Act 
     (Public Law 107-306; 50 U.S.C. 401 note) (referred to in this 
     section as the ``Commission'') shall be considered vacant and 
     new members shall be appointed in accordance with such 
     section 1002, as amended by subparagraph (B).
       (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.--

[[Page S6794]]

       (1) In general.--There is authorized to be appropriated 
     such sums as may be necessary to carry out this section.
       (2) Availability.--Amounts made available to the Commission 
     pursuant to paragraph (1) shall remain available until 
     expended.
       (3) Repeal of existing funding authority.--Section 1010 of 
     the Intelligence Authorization Act for Fiscal Year 2003 
     (Public Law 107-306; 50 U.S.C. 401 note) is repealed.
       (c) Technical Amendments.--
       (1) Director of central intelligence.--The Intelligence 
     Authorization Act for Fiscal Year 2003 (Public Law 107-306) 
     is amended by striking ``Director of Central Intelligence'' 
     each place it appears and inserting ``Director of National 
     Intelligence'' in the following provisions:
       (A) Section 1002(h)(2).
       (B) Section 1003(d)(1).
       (C) Section 1006(a)(1).
       (D) Section 1006(b).
       (E) Section 1007(a).
       (F) Section 1008.
       (2) Deputy director of central intelligence for community 
     management.--Paragraph (1) of section 1002(b) of such Act is 
     amended by striking ``The Deputy Director of Central 
     Intelligence for Community Management.'' and inserting ``The 
     Principal Deputy Director of National Intelligence.''.

     SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH MATERIALS 
                   IN THE POSSESSION OF THE CONGRESSIONAL 
                   INTELLIGENCE COMMITTEES.

       The Director of National Intelligence is authorized to 
     conduct, at the request of one of the congressional 
     intelligence committees and in accordance with procedures 
     established by that committee, a classification review of 
     materials in the possession of that committee that--
       (1) are not less than 25 years old; and
       (2) were created, or provided to that committee, by an 
     entity in the executive branch.

                    TITLE VIII--TECHNICAL AMENDMENTS

     SEC. 801. TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       The Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801 et seq.) is amended--
       (1) in section 101--
       (A) in subsection (a), by moving paragraph (7) two ems to 
     the right; and
       (B) by moving subsections (b) through (p) two ems to the 
     right;
       (2) in section 103, by redesignating subsection (i) as 
     subsection (h);
       (3) in section 109(a)--
       (A) in paragraph (1), by striking ``section 112.;'' and 
     inserting ``section 112;''; and
       (B) in paragraph (2), by striking the second period;
       (4) in section 301(1), by striking `` `United States' '' 
     and all that follows through ``and `State' '' and inserting 
     `` `United States', `person', `weapon of mass destruction', 
     and `State' '';
       (5) in section 304(b), by striking ``subsection (a)(3)'' 
     and inserting ``subsection (a)(2)''; and
       (6) in section 502(a), by striking ``a annual'' and 
     inserting ``an annual''.

     SEC. 802. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE 
                   AGENCY ACT OF 1949.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a 
     et seq.) is amended--
       (1) in paragraph (1) of section 5(a), by striking 
     ``authorized under paragraphs (2) and (3) of section 102(a), 
     subsections (c)(7) and (d) of section 103, subsections (a) 
     and (g) of section 104, and section 303 of the National 
     Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7), 
     (d), 403-4(a), (g), and 405)'' and inserting ``authorized 
     under section 104A of the National Security Act of 1947 (50 
     U.S.C. 403-4a).''; and
       (2) in section 17(d)(3)(B)--
       (A) in clause (i), by striking ``advise'' and inserting 
     ``advice''; and
       (B) by amending clause (ii) to read as follows:
       ``(ii) holds or held the position in the Agency, including 
     such a position held on an acting basis, of--
       ``(I) Deputy Director;
       ``(II) Associate Deputy Director;
       ``(III) Director of the National Clandestine Service;
       ``(IV) Director of Intelligence;
       ``(V) Director of Support; or
       ``(VI) Director of Science and Technology.''.

     SEC. 803. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 
                   CODE.

       Section 528(c) of title 10, United States Code, is 
     amended--
       (1) in the heading, by striking ``Associate Director of CIA 
     for Military Affairs'' and inserting ``Associate Director of 
     Military Affairs, CIA''; and
       (2) by striking ``Associate Director of the Central 
     Intelligence Agency for Military Affairs'' and inserting 
     ``Associate Director of Military Affairs, Central 
     Intelligence Agency, or any successor position''.

     SEC. 804. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT 
                   OF 1947.

       The National Security Act of 1947 (50 U.S.C. 401 et seq.) 
     is amended--
       (1) in section 3(4)(L), by striking ``other'' the second 
     place it appears;
       (2) in section 102A--
       (A) in subsection (c)(3)(A), by striking ``annual budgets 
     for the Joint Military Intelligence Program and for Tactical 
     Intelligence and Related Activities'' and inserting ``annual 
     budget for the Military Intelligence Program or any successor 
     program or programs'';
       (B) in subsection (d)--
       (i) in paragraph (1)(B), by striking ``Joint Military 
     Intelligence Program'' and inserting ``Military Intelligence 
     Program or any successor program or programs'';
       (ii) in paragraph (3) in the matter preceding subparagraph 
     (A), by striking ``subparagraph (A)'' and inserting 
     ``paragraph (1)(A)''; and
       (iii) in paragraph (5)--

       (I) in subparagraph (A), by striking ``or personnel'' in 
     the matter preceding clause (i); and
       (II) in subparagraph (B), by striking ``or agency 
     involved'' in the second sentence and inserting ``involved or 
     the Director of the Central Intelligence Agency (in the case 
     of the Central Intelligence Agency)'';

       (C) in subsection (l)(2)(B), by striking ``section'' and 
     inserting ``paragraph''; and
       (D) in subsection (n), by inserting ``and Other'' after 
     ``Acquisition'';
       (3) in section 103(b), by striking ``, the National 
     Security Act of 1947 (50 U.S.C. 401 et seq.),'';
       (4) in section 104A(g)(1) in the matter preceding 
     subparagraph (A), by striking ``Directorate of Operations'' 
     and inserting ``National Clandestine Service'';
       (5) in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
     striking ``subsection (h)'' and inserting ``subsection (i)'';
       (6) in section 701(b)(1), by striking ``Directorate of 
     Operations'' and inserting ``National Clandestine Service'';
       (7) in section 705(e)(2)(D)(i) (50 U.S.C. 
     432c(e)(2)(D)(i)), by striking ``responsible'' and inserting 
     ``responsive''; and
       (8) in section 1003(h)(2) in the matter preceding 
     subparagraph (A), by striking ``subsection (i)(2)(B)'' and 
     inserting ``subsection (g)(2)(B)''.

     SEC. 805. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR 
                   NATIONAL INTELLIGENCE PROGRAM.

       (a) In General.--Subsection (a) of section 1403 of the 
     National Defense Authorization Act for Fiscal Year 1991 (50 
     U.S.C. 404b) is amended--
       (1) in the heading, by striking ``Foreign''; and
       (2) by striking ``foreign'' each place it appears.
       (b) Responsibility of Director of National Intelligence.--
     Such section 1403, as amended by subsection (a), is further 
     amended--
       (1) in subsections (a) and (c), by striking ``Director of 
     Central Intelligence'' and inserting ``Director of National 
     Intelligence''; and
       (2) in subsection (b), by inserting ``of National 
     Intelligence'' after ``Director''.
       (c) Future-Years Defense Program.--Subsection (c) of such 
     section 1403, as amended by subsection (b), is further 
     amended by striking ``multiyear defense program submitted 
     pursuant to section 114a of title 10, United States Code'' 
     and inserting ``future-years defense program submitted 
     pursuant to section 221 of title 10, United States Code''.
       (d) Conforming Amendments.--
       (1) In general.--The heading of such section 1403 is 
     amended to read as follows:

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

       (2) Table of contents amendment.--The table of contents in 
     section 2 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1485) is 
     amended by striking the item relating to section 1403 and 
     inserting the following new item:

``Sec. 1403. Multiyear National Intelligence Program.''.

     SEC. 806. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND 
                   TERRORISM PREVENTION ACT OF 2004.

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

[[Page S6795]]

     SEC. 807. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

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

     SEC. 808. TECHNICAL AMENDMENTS TO SECTION 105 OF THE 
                   INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 
                   2004.

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

     SEC. 809. TECHNICAL AMENDMENTS TO SECTION 602 OF THE 
                   INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 
                   1995.

       Section 602 of the Intelligence Authorization Act for 
     Fiscal Year 1995 (50 U.S.C. 403-2b) is amended--
       (1) in subsection (a), in paragraph (2), by striking 
     ``Director of Central Intelligence'' and inserting ``Director 
     of National Intelligence''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence''; and
       (ii) in subparagraph (B), by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence''; and
       (C) in paragraph (3), by striking ``Director of Central 
     Intelligence'' and inserting ``Director of the Central 
     Intelligence Agency''.

     SEC. 810. TECHNICAL AMENDMENTS TO SECTION 403 OF THE 
                   INTELLIGENCE AUTHORIZATION ACT, FISCAL YEAR 
                   1992.

       (a) Role of the Director of National Intelligence.--Section 
     403 of the Intelligence Authorization Act, Fiscal Year 1992 
     (50 U.S.C. 403-2) is amended by striking ``The Director of 
     Central Intelligence'' and inserting the following:
       ``(a) In General.--The Director of National Intelligence''.
       (b) Definition of Intelligence Community.--Section 403 of 
     the Intelligence Authorization Act, Fiscal Year 1992, as 
     amended by subsection (a), is further amended--
       (1) by striking ``Intelligence Community'' and insert 
     ``intelligence community''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(b) Intelligence Community Defined.--In this section, the 
     term `intelligence community' has the meaning given that term 
     in section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)).''.

  Mrs. FEINSTEIN. It is my understanding the bill is passed. I thank 
the Senate for passage of this bill.
  This is a bill which the Senate Select Committee on Intelligence 
reported out by a unanimous 15-to-0 vote on July 19. This is the 
Senate's second time approving an intelligence authorization bill for 
fiscal year 2010. The committee reported S. 1494 unanimously in July 
2009, and the Senate passed it by unanimous consent in September 2009. 
The House passed its bill, its 2010 authorization bill, in February 
2010.
  The House and Senate Intelligence Committees then worked for months, 
together with the administration, to agree on a bill that would make a 
substantial contribution to national security and that would be able to 
pass both Chambers and become law with the President's approval. S. 
3611 is that agreement.
  I thank the White House for their efforts to come to an agreement on 
the legislation, as well as the efforts of the vice chairman, Senator 
Bond, and his staff. This is his last bill and, as such, I thank him 
very much for his cooperation in this matter, for the ability to work 
with him over this period of time.
  I would also like to acknowledge the leadership of the distinguished 
chairman of the House Intelligence Committee, Mr. Reyes.
  Broadly speaking, the bill advances the cause of effective oversight 
of the intelligence community and contributes significantly to the 
Director of National Intelligence's ability to direct and lead the 
intelligence community as an integrated whole.
  It is my understanding that the House will be back in session next 
week. I would urge them to take up this important legislation at that 
time.
  Our committee filed a detailed report on S. 3611, which is available 
both in print and on our Web site to all Members of the Senate, our 
colleagues in the House, and the public as Senate Report 111-223.
  The bill contains 106 sections divided into eight titles. Let me 
commend the reading of the bill and our report to all who may be 
interested in why it is essential that the Congress complete action on 
this needed and overdue legislation. In these remarks, I will only 
mention a few highlights.
  This is the committee's second report of an intelligence 
Authorization for fiscal year 2010. We reported S. 1494 unanimously in 
July 2009 and the Senate passed it by unanimous consent in September 
2009. The House passed its fiscal year 2010 in February 2010.
  The House and Senate Intelligence Committees then worked for months, 
together with the administration, to agree on a bill that would make a 
substantial contribution to national security and that would be able to 
pass both Chambers and become law with the President's approval. S. 
3611 is that agreement.
  Broadly speaking, the bill advances the cause of effective oversight 
of the intelligence community and contributes significantly to the 
Director of National Intelligence's ability to direct and lead the 
intelligence community as an integrated whole.
  To illustrate, with respect to oversight, the bill will complete an 
effort that the Senate began in 2004 to create a strong and independent 
statutory inspector general for the intelligence community. A principal 
focus of that community-wide IG will be on progress and problems with 
the integration of the efforts of the 16 components of the intelligence 
community. The bill also strengthens the CIA inspector general and 
provides a statutory basis for IGs in the major intelligence elements 
within the Department of Defense.
  This strengthened IG system within the intelligence community will 
provide greater visibility for the leaders of the IC, including the 
DNI, into management, information sharing and information security, and 
other problems within the intelligence community. The reports of their 
investigations and audits will also be, as IG reports have been, an 
invaluable aid for congressional oversight.
  Other parts of the bill will also directly aid congressional 
oversight. These include requirements that executive and legislative 
procedures on full and timely notifications to the intelligence 
committees be in writing and that written records of notifications to 
the intelligence committees of intelligence activities and covert 
actions also be in writing.
  Importantly, the bill also requires that the head of each 
intelligence element certify annually on compliance with substantial 
congressional notification requirements that already exist in title V 
of the National Security Act.
  The bill takes important steps to improve both executive and 
congressional oversight of intelligence community procurement and 
budget matters. In the coming years, all parts of the government will 
need to address the reality that appropriation levels will not rise as 
they have in the past. This means that controlling cost overruns and 
promoting sound long term budget planning is an essential part of 
national security. The bill takes important steps toward those 
objectives.
  The bill grants to the Director of National Intelligence important 
authorities to manage the intelligence community. These include 
authorities concerning personnel management, acquisition authority, and 
information sharing. There may be more to accomplish in all of these 
respects and we have invited General Clapper, if he is confirmed as I 
hope and expect he will, not to be hesitant in asking for additional 
authority if he identifies a need for it.
  As is detailed in the committee's report, there are 10 provisions in 
this legislation that enhance the DNI's authority and management 
flexibilities. Eight of those 10 provisions were requested by this 
administration or the prior one.
  There is more in this broad ranging legislation, from large to small 
items. Indeed, the very length of the bill is testimony to the fact 
that we have gone 5 years without an intelligence authorization. From 
fiscal years 1979 to 2005, the Congress had enacted an authorization 
for every fiscal year. The

[[Page S6796]]

fiscal year 2010 bill is an opportunity, which we must not lose, to get 
back on track.
  I will briefly note the reasons for the managers' amendment that the 
distinguished vice chairman, Senator Bond, and I have propounded.
  Three provisions of S. 3611 as reported by our committee on July 19, 
sections 106, 333(c.), and 334 of S. 3611, have been enacted into law 
by provisions of the Supplemental Appropriations Act, 2010, sections 
301, 308, and 3011 of Public Law 111-212, which the President signed 
into law on July 29. Accordingly, the managers' amendment deletes those 
now enacted provisions from S. 3611.
  The managers' amendment also addresses requests from the Budget and 
Judiciary Committees. As requested by the Budget Committee, the 
amendment adds a pay-go provision. I should note that the Congressional 
Budget Office table that will be printed in the Record indicates that 
the bill makes no changes in the government's direct spending. As 
requested by the Judiciary Committee, the amendment clarifies that 
reports provided to the Congress under several sections of the bill 
will be provided to the Judiciary Committee.
  This legislation reflects the negotiations with the House committee, 
the intelligence community, and the White House. Provisions that our 
committee, and the Senate, passed last September had to be removed due 
to veto threats or objections from the House of Representatives. I look 
forward to addressing some of those issues in future legislation.
  Beginning with our distinguished vice chairman, Senator Bond, and 
acknowledging also the leadership of the distinguished chairman of the 
House Intelligence Committee, Mr. Reyes, I would like to thank all of 
my colleagues for their work in producing a bill that will take 
important strides in improving the authority and oversight of the 
intelligence community through this 2010 bill, even as we recognize 
that there is more to achieve in authorization legislation for fiscal 
years 2011 and beyond.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. Madam President, I thank the chair of our committee. I 
thank her, her staff, for all of the good work that has gone into this 
bill, repeatedly, as she pointed out.
  For too many years Congress has failed to pass an intelligence 
authorization bill that could be signed into law. I am very pleased to 
join with Senator Feinstein, the distinguished chair of the Senate 
Select Committee on Intelligence, in achieving passage of S. 3611, the 
Intelligence Authorization Act for Fiscal Year 2010.
  Over the past several months, we worked closely with the House 
Permanent Select Committees on Intelligence and Administration to reach 
a compromise text that could serve as a conference report for this 
bill. The bill now before this Senate and having passed the Senate 
contains all of the elements of the compromise. It has been agreed to 
in advance by representatives of the administration. But, 
unfortunately, the House has thus far declined to move the process 
forward, bringing this bill formally to conference.
  The chair and I agreed that we would be able to move this process 
forward by having the Senate pass the compromise text for the House to 
consider when it returns next week.
  The intelligence authorization bill before us is a good bill. It will 
give the intelligence community the flexibility and authorities it 
needs to function effectively and will ensure appropriate intelligence 
oversight by this committee.
  I have often said that in creating the Director of National 
Intelligence, we gave him an awful lot of responsibility without all 
the authority he needed. Well, our bill attempts to address that 
problem by giving the DNI clearer authority and greater flexibility in 
overseeing the intelligence community.
  There are also a number of provisions in this bill that I believe are 
essential for promoting good government. Too often, we have seen 
programs or acquisitions of major systems balloon in cost and decrease 
in performance. That is unacceptable. We are in difficult economic 
times and the taxpayers are spending substantial sums of money to 
ensure that the intelligence community has the tools it needs to keep 
us safe. If we don't demand accountability for how these tools are 
operated or created, then we are failing the intelligence community, 
and, ultimately, we are failing the American people.
  So, for the past several years, I have sponsored amendments that 
require the intelligence community to perform vulnerability assessments 
of major systems and to keep track of excessive cost growth of major 
systems. This latter provision is modeled on the Nunn-McCurdy provision 
which has guided Defense Department acquisitions for years. I am happy 
to say that these provisions are part of this year's bill, too. I 
believe that these, and other good-government provisions, will 
encourage earlier identification and solving of problems relating to 
the acquisition of major systems. Too often, such problems have not 
been identified until exorbitant sums of money have been spent--and, 
unfortunately, at that point, there is often reluctance to cancel the 
project.
  Similarly, the intelligence community must get a handle on its 
personnel levels. In these tough economic times, it is more important 
than ever to make sure that the intelligence community is appropriately 
resourced to ensure that its personnel can effectively perform their 
respective national security missions.
  However, I am concerned about the number of contractors used by the 
intelligence community to perform functions better left to government 
employees. There are some jobs that demand the use of contractors, for 
example, certain technical jobs or short-term functions, but too often, 
the quick fix is just to hire contractors, not long-term support. And 
so, our bill includes a provision calling for annual personnel level 
assessments for the intelligence community. These assessments will 
ensure that, before more people are brought in, there are adequate 
resources to support them and enough work to keep them busy.
  These are just a few of the provisions in this bill that I believe 
are important for the success of our intelligence collection efforts 
and equally important for ensuring sound oversight by the intelligence 
committee.
  I commend Senator Feinstein for her leadership in shepherding this 
bill through the committee and the Senate. I appreciate her willingness 
to work through the countless issues raised throughout this process. I 
also thank my colleagues for supporting this bill.
  It is well-past time that Congress send an intelligence authorization 
bill to the President for his signature. Only by fulfilling our 
legislative function will we get back on track with performing 
effective and much-needed intelligence oversight.
  I, again, extend and expand my thanks to the distinguished chair for 
making sure the Senate Intelligence Committee can work in a bipartisan 
manner, which we have done on this bill, and on lengthy oversight 
matters that we have undertaken out of view of public scrutiny, 
obviously, but spending many days, many hours in meetings, looking over 
the wide range of critical efforts that are needed by our intelligence 
community to keep our country safe.
  Why does passing an authorization bill matter at this late date in 
the fiscal year? An annual intelligence authorization bill does more 
than just authorize funding for intelligence activities, funding that 
in many cases has already been appropriated and spent. But it is vital 
that the intelligence committees be able to provide direction for the 
expenditure of funds for the intelligence community. But by providing 
current and congressional guidance and statutory authority we can 
ensure that the intelligence community has the maximum flexibility, the 
capability it needs to function effectively, spend taxpayer funds 
wisely, and keep our Nation safe.
  The Senate bill has the full support of the Senate. Senior 
administration has said they will recommend the President sign this 
compromise text into law. I urge, once again, the Speaker of the House 
of Representatives to bring up this bill and pass it when the House 
returns to session next week so we can get back on track with 
performing effective intelligence oversight.
  Mr. LEAHY. Madam President. today the Senate passed a new version of 
the

[[Page S6797]]

Intelligence Authorization Act for Fiscal Year 2010 (S. 3611) with a 
manager's amendment to address key concerns of the Judiciary Committee. 
I appreciate the commitment of Senator Feinstein, the chair of the 
Senate Select Committee on Intelligence, to work with me to strengthen 
this important legislation. The bill the Senate has approved recognizes 
the shared jurisdiction of the committee on the Judiciary and the 
Select Committee on Intelligence in several legislative areas.
  Last fall, when an earlier version of this bill--S. 1494--was 
considered by the Senate, I recognized that several provisions in the 
bill fell under the jurisdiction of the Judiciary Committee. Senator 
Feinstein and I engaged in serious negotiations concerning these 
provisions. We negotiated agreements regarding exemptions to the 
Freedom of Information Act, FOIA, as well as numerous reporting 
requirements, such as a significant, new requirement for the Federal 
Bureau of Investigation--FBI--an agency clearly under the jurisdiction 
of the Judiciary Committee, and an important new cybersecurity 
oversight provision.
  Negotiations I undertook with Senator Feinstein last fall on the 
earlier version of the bill narrowed the operational files FOIA 
exemption for information provided by intelligence agencies to the 
Office of the Director of National Intelligence, ODNI, and struck a 
FOIA (b)(3) exemption for terrorist identity information. Those 
agreements were preserved in the new version of the bill, S. 3611.
  Senator Feinstein has told me she is also committed to ensuring that 
the Judiciary Committee will receive reports required by the bill's 
section 337, Cybersecurity Oversight. I appreciate Senator Feinstein's 
support for these improvements. The manager's amendment to the 
intelligence authorization bill agreed to today explicitly identifies 
the Judiciary Committee as a recipient of relevant reporting 
provisions.
  The intelligence authorization bill includes several reporting 
requirements that involve areas of long-standing interest and 
jurisdiction of the Judiciary Committee. The new version of the bill, 
S. 3611, ensures that the Judiciary Committee is a recipient of those 
reports. Section 333 of the bill directs the Director of National 
Intelligence to provide a comprehensive report on all measures taken by 
the Office of the Director of National Intelligence and by elements of 
the intelligence community to comply with the provisions of applicable 
law, international obligations, and executive orders relating to the 
detention and interrogation activities of the intelligence community. 
These include compliance with the Detainee Treatment Act of 2005; the 
Military Commissions Act of 2006; common Article 3 of the Geneva 
Conventions; the Convention Against Torture; Executive Order 13492, 
relating to lawful interrogations; and Executive Order 13493, relating 
to detention policy options.
  The managers' amendment to the intelligence authorization bill 
modifies section 333 to ensure that to the extent that the report 
addresses an element of the intelligence community within the 
Department of Justice, it shall be submitted, along with associated 
material, to the Judiciary Committees of the House and Senate. This 
reporting requirement is a cornerstone of the agreement I reached with 
Senator Feinstein last year. I am pleased to see it retained in the 
bill we passed today.
  I fought for years to obtain information about the Bush 
administration's detention and interrogation policies and practices, 
and the legal advice from that administration authorizing those 
policies and practices. The last administration refused to give this 
information to Congress, instead issuing secret legal advice that 
misconstrued our laws and international obligations with regard to the 
treatment of people in our custody. Years later we found out that the 
administration had sanctioned cruel interrogation techniques, including 
torture. It is imperative that the Judiciary Committee be fully 
informed of the extent to which the government is complying with our 
laws and international treaties relating to detention and interrogation 
in order to be able to conduct proper oversight and ensure that our 
government cannot shield policies that authorize practices in violation 
of our laws. The Judiciary Committee is an important partner in this 
oversight.
  Section 405 of the bill establishes a new Office of Inspector General 
of the intelligence community to conduct independent investigations, 
inspections, audits and reviews on programs and activities conducted 
under the authority of the Director of National Intelligence. Under 
this new authority, the inspector general is required to submit a 
semiannual report to the Director of National Intelligence summarizing 
its activities. The amendment incorporated into S. 1494 last fall, and 
carried over to S. 3611, modifies the reporting provision to require 
the inspector general to submit reports that focus on government 
officials to the committees of the Senate and the House of 
Representatives with jurisdiction over the department that official 
represents.
  Section 405 of the bill creates an entirely new inspector general 
with significant authority and responsibility in the intelligence 
community. That authority will implicate agencies within the 
jurisdiction of the Judiciary Committee, including the Department of 
Justice and components of the Department of Homeland Security. I 
believe this modification to the bill provides an important recognition 
of the Judiciary Committee's need to be involved in the investigations 
and activities of this new inspector general.
  Another significant new provision is section 445 of the bill, Report 
and Assessment on Transformation of the Intelligence Capabilities of 
the Federal Bureau of Investigation, which creates a broad new 
reporting requirement for the FBI. The Judiciary Committee has always 
had primary oversight over the FBI. As the FBI takes on more 
responsibility in the areas of intelligence and national security, its 
policies and practices in these areas must be subject to the oversight 
of Congress. The Intelligence Committees have particular expertise that 
make them an important partner in this oversight. However, it is the 
Judiciary Committee that has the primary legislative and oversight 
responsibilities over the FBI.
  I am very pleased that the bill passed today contains several 
important improvements that I recommended to strengthen FOIA. I am 
particularly pleased that the bill, as amended, does not contain a 
broad and unnecessary exemption to FOIA's disclosure requirements for 
terrorist identity information. That provision was included in an 
earlier version of the bill, but I worked to ensure it was struck it 
prior to passage of S. 1494 last fall. It is not included in S. 3611, 
the successor to S. 1494.
  No one would quibble with the notion that our government can--and 
should--keep some information secret to protect our national security. 
But, in the case of terrorist identity information, our government has 
successfully withheld this sensitive information under the existing 
FOIA exemptions for classified and law enforcement information. In 
addition, the many instances of mistaken identities and other errors on 
terrorist watchlists and ``no-fly'' lists make it clear that FOIA can 
be a valuable tool to help innocent Americans redress and correct 
mistakes on these lists.
  Lastly, as a result of my negotiations with Senator Feinstein last 
fall, S. 3611 narrows the exemption to FOIA's search requirements for 
operational files information that the Nation's intelligence agencies 
share with the ODNI. The bill makes it clear that operational files 
that are already exempt from these search requirements retain this 
exemption under circumstances where the files are disseminated to the 
ODNI. This carefully crafted compromise will help ensure both effective 
information sharing among our intelligence agencies and the free flow 
of information to the American public.
  I believe that S. 3611 and the managers amendment passed today 
recognize the value and significance of the shared jurisdiction in many 
areas of national security between the Judiciary and Intelligence 
Committees. The Judiciary Committee has long engaged in oversight and 
legislative activity regarding cyber threats and cybersecurity. Senator 
Feinstein and I have worked together in the Judiciary Committee for 
many years on these issues, and we both recognize the shared 
jurisdiction and responsibilities of the Judiciary and Intelligence 
Committees

[[Page S6798]]

with regard to oversight of cyber matters and cybersecurity.
  I appreciate Senator Feinstein's cooperation in adopting these 
improvements. In a letter sent to me yesterday, August 3, 2010, Senator 
Feinstein reiterated her commitment to work with the Judiciary 
Committee in the area of cyber matters. I ask unanimous consent to have 
her August 3, 2010 letter printed in the Record. I also ask unanimous 
consent to print in the Record an exchange of letters between Senator 
Feinstein and myself dated September 15 and 16, 2009, that discussed 
Senate jurisdiction over the section in the bill that addresses 
cybersecurity oversight. In the earlier version of the bill, S. 1494, 
the section was numbered 340. In the new version of the bill, S. 3611, 
the cybersecurity oversight section is numbered 337.
  The PRESIDING OFFICER. Without objection, it is so ordered. (See 
exhibit 1.)
  Mr. LEAHY. As Senator Feinstein has described it, Section 337 of the 
bill is intended to provide a preliminary framework for executive and 
congressional oversight of cybersecurity programs, as defined in the 
section, to ensure that these programs are consistent with legal 
authorities, preserve reasonable expectations of privacy, and are 
subject to independent audit and review. Section 337 of S. 3611 creates 
several reporting requirements with regard to the executive and 
congressional oversight of cybersecurity programs. These include 
Presidential notifications to Congress, reports to Congress and the 
President from the head of a department or agency with responsibility 
for cybersecurity programs, in conjunction with the inspector general 
of that department or agency, and a joint report to Congress and the 
President from the inspector general of the Department of Homeland 
Security and the inspector general of the intelligence community on the 
status of the sharing of cyber threat information within 1 year. I look 
forward to continuing to work with Senator Feinstein in the Judiciary 
Committee and in the Senate to ensure strong oversight and legislation 
with regard to cyber matters.
  I am pleased the Senate today will pass the amended Intelligence 
Authorization Act for Fiscal Year 2010. The progress that Senator 
Feinstein and I have made to improve this bill demonstrates the success 
we can have when we work together constructively.

                               Exhibit 1

                                                      U.S. Senate,


                             Select Committee on Intelligence,

                               Washington, DC, September 15, 2009.
     Hon. Patrick Leahy,
     Chairman, Committee on the Judiciary, Dirksen Office 
         Building, Washington, DC.
       Dear Chairman Leahy: As you know, our staffs have been in 
     discussions since the beginning of recess over various 
     provisions of S. 1494, the Intelligence Authorization Act for 
     Fiscal Year 2010, ordered reported from the Committee on July 
     22, 2009. Among the provisions at issue is Section 340, 
     Cybersecurity Oversight.
       Section 340 is intended to provide a preliminary framework 
     for executive and congressional oversight of cybersecurity 
     programs, as defined in the section, to ensure that these 
     programs are consistent with legal authorities, preserve 
     reasonable expectations of privacy, and are subject to 
     independent audit and review.
       Section 340 contains several reporting requirements. One 
     requires the President to provide certain notifications to 
     Congress. In addition, the head of a department or agency 
     with responsibility for cybersecurity programs, in 
     conjunction with the inspector general of that department or 
     agency, is to submit to Congress and the President periodic 
     reports on the program. Finally, the Inspector General of the 
     Department of Homeland Security and the Inspector General of 
     the Intelligence Community are jointly to submit a report to 
     Congress and the President on the status of the sharing of 
     cyber threat information within one year.
       Under the provision as reported, notifications and reports 
     under the section are to be submitted ``to the Congress.'' 
     Vice Chairman Bond and I have consulted with the Senate 
     parliamentarian to convey our recommendations for how 
     referrals of notifications and reports under the section 
     should be made.
       As we have discussed before, cybersecurity is a matter of 
     interest to many of the committees of the Senate. Of note is 
     the longstanding interest in, and jurisdiction over, cyber 
     matters by the Judiciary Committee. This includes but is not 
     necessarily limited to the cybersecurity of the Justice 
     Department and other departments and agencies under the 
     Committee's jurisdiction, privacy interests of the American 
     people, and legal dimensions of the government's cyber 
     activities. Given the Judiciary Committee's role in these 
     matters and the expectation that reports under Section 340 
     will touch on one or more of the Committee's areas of 
     jurisdiction, it is my strong belief that documents provided 
     to the Congress should be provided to the Judiciary 
     Committee.
       In addition, should the Intelligence Committee receive 
     reports under this section that are within the jurisdiction 
     of the Judiciary Committee but that are not provided to the 
     Judiciary Committee, I will ensure that access to those 
     reports is provided to Judiciary Committee members and staff 
     as appropriate.
       Thank you for your cooperation over this issue, and other 
     provisions of the intelligence legislation.
           Sincerely,
                                                 Dianne Feinstein,
     Chairman.
                                  ____

                                                      U.S. Senate,


                             Select Committee on Intelligence,

                                   Washington, DC, August 3, 2010.
     Hon. Patrick J. Leahy,
     Chairman, Committee on the Judiciary, Dirksen Office 
         Building, Washington, DC.
       Dear Chairman Leahy: We exchanged letters last September 
     about section 340 of S. 1494, the Intelligence Authorization 
     Act for Fiscal Year 2010. As described in the report of the 
     Select Committee on Intelligence, the purpose of section 340 
     is to establish a preliminary framework for executive and 
     legislative oversight to ensure that the federal government's 
     national cyber security mission is consistent with legal 
     authorities and preserves reasonable expectations of privacy.
       On September 16, 2009, you placed in the Congressional 
     Record, at 155 Cong. Rec. S9451, my letter to you of 
     September 15. Because section 340 provides for various 
     reports or notifications to be submitted ``to the Congress,'' 
     I wrote to convey to you my recognition of the Judiciary 
     Committee's long-standing interest in, and jurisdiction over, 
     cyber matters, and my belief that documents provided to 
     Congress under section 340 should be provided to the 
     Judiciary Committee. I also stated my commitment that should 
     the Intelligence Committee receive reports under section 340 
     that are within the jurisdiction of the Judiciary Committee 
     but are not provided to it, then I will ensure your 
     committee's member and staff access to those documents as 
     appropriate.
       The Intelligence Committee has now reported a second FY 
     2010 Intelligence Authorization, S. 3611, which is based on 
     the work of the House and Senate Intelligence Committees and 
     the Administration to reconcile S. 1494 and H.R. 2701, the 
     House intelligence bill. Section 337 of S. 3611 is the direct 
     descendant of section 340 of S. 1494. The legislative history 
     of section 340 of S. 1494, including my letter to you of 
     September 15, 2009, is part of the legislative history of 
     section 337 of S. 3611.
       The recognition I expressed of the role of the Judiciary 
     Committee in cyber matters, my belief in the right of the 
     Judiciary Committee to receive reports under section 337, and 
     my commitment to provide to your committee access to such 
     reports in the event they are provided to my committee but 
     not to yours, apply as much to section 337 of S. 3611 as they 
     applied to section 340 of S. 1494.
       I look forward to working with your committee, and other 
     interested committees of the Senate, in establishing a strong 
     basis for cyber security oversight.
           Sincerely,
                                                 Dianne Feinstein,
     Chairman.
                                  ____

                                                      U.S. Senate,


                                   Committee on the Judiciary,

                               Washington, DC, September 16, 2009.
     Hon. Dianne Feinstein,
     Chairman, Senate Select Committee on Intelligence, Hart 
         Senate Office Building, Washington, DC.
       Dear Chairman Feinstein: Thank you for your letter today 
     regarding S. 1494, the Intelligence Authorization Act for 
     Fiscal Year 2010. I was happy to work with you to reach 
     agreement on the amendment you are offering to the bill to 
     include the Judiciary Committee as a recipient of relevant 
     reporting provisions and to strike a proposed FOIA exemption 
     and modify another FOIA provision. I appreciate your support 
     for those improvements.
       I had my first opportunity to review this legislation when 
     it was hotlined on August 5. As you noted, our staffs have 
     been in discussions over various provisions of S. 1494 that 
     involve the jurisdiction of the Judiciary Committee and 
     issues on which it shares an interest with the Senate Select 
     Committee on Intelligence.
       Our understanding also includes the commitment in your 
     letter to me today to ensure that the Judiciary Committee 
     receives reports required by Section 340, Cybersecurity 
     Oversight. As you know as a member and former chair of the 
     Judiciary Committee Subcommittee on Terrorism and Homeland 
     Security, the Judiciary Committee has long engaged in 
     oversight and legislative activity regarding cyber threats 
     and cybersecurity. You and I have long worked together in the 
     Judiciary Committee on these issues and I appreciate your 
     recognition of the shared jurisdiction and responsibilities 
     of the Judiciary and Intelligence Committees with regard to 
     oversight of cyber matters and cybersecurity. I appreciate 
     your commitment to ensure that the Judiciary Committee will 
     receive reports received under the Cybersecurity Oversight 
     provision.
       As you have described it, Section 340 is intended to 
     provide a preliminary framework for executive and 
     congressional oversight of

[[Page S6799]]

     cybersecurity programs, as defined in the section, to ensure 
     that these programs are consistent with legal authorities, 
     preserve reasonable expectations of privacy, and are subject 
     to independent audit and review. Section 340 creates several 
     reporting requirement with regard to the executive and 
     congressional oversight of cybersecurity programs. These 
     include Presidential notifications to Congress, reports to 
     Congress and the President from the head of a department or 
     agency with responsibility for cybersecurity programs, in 
     conjunction with the inspector general of that department or 
     agency, and a joint report to Congress and the President from 
     the Inspector General of the Department of Homeland Security 
     and the Inspector General of the Intelligence Community on 
     the status of the sharing of cyber threat information within 
     one year.
       According to the legislative language, reports under the 
     section are to be submitted ``to the Congress.'' As you noted 
     in your letter, the Judiciary Committee has a ``longstanding 
     interest in, and jurisdiction over'' cyber matters and cyber 
     security. This includes criminal activities, cybersecurity 
     matters handled by the Justice Department and other 
     departments and agencies under the Judiciary Committee's 
     jurisdiction, the privacy interests of the American people, 
     and constitutional and legal dimensions of the Government's 
     cyber activities, including all legal guidance. Thank you for 
     your willingness to work together on this issue, and the 
     other provisions of the intelligence legislation.
       I look forward to continuing to work together with you in 
     the Judiciary Committee and in the Senate to ensure strong 
     oversight and legislation with regard to cyber matters.
           Sincerely,
                                                    Patrick Leahy,
                                                         Chairman.

  The PRESIDING OFFICER. The Senator from North Dakota.

                          ____________________