[Congressional Record (Bound Edition), Volume 155 (2009), Part 16]
[Senate]
[Pages 21755-21789]
[From the U.S. Government Publishing Office, www.gpo.gov]




          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010

  Mr. CASEY. Mr. President, I ask unanimous consent the Senate proceed 
to the consideration of Calendar No. 120, S. 1494.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1494) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. FEINSTEIN. Mr. President, I rise today to speak about the 
Intelligence Authorization Act for fiscal year 2010, S. 1494, that the 
Senate has approved by unanimous consent.
  The legislation is the product of a bipartisan effort in the 
Intelligence Committee, which was reflected by the committee's 
unanimous vote of 15 to 0 on the bill. I thank Vice Chairman Bond for 
his efforts on the legislation and the full committee staff for their 
work.
  It has been 4 years since the Congress has passed and the President 
has signed an intelligence authorization act. This has meant that the 
law has not kept up with changes in the intelligence community and that 
Congress has not been able to require reforms and provide flexibilities 
that are sorely needed. I am pleased that the Senate has taken a major 
step toward enactment.
  Before summarizing some of the key provisions of this legislation, 
let me briefly describe the way in which it was written.
  The committee has worked with the Director of National Intelligence, 
DNI, ADM Dennis Blair, to identify areas where legislation is needed to 
better run and oversee the Nation's 16 intelligence agencies. Many of 
these provisions have been proposed and included in previous 
legislation reported out by the Intelligence Committee but have yet to 
be passed into law.
  At the request of the White House, we have separated issues of 
terrorist detention and interrogation from this bill and the committee 
intends to take up legislation on those issues separately. The 
committee has not changed its position from previous legislation on the 
need to have an effective and humane interrogation program that 
operates fully within the nation's laws and international commitments.
  The major themes of this bill are to strengthen the Director of 
National Intelligence to make sure that he has the management 
authorities and flexibilities needed to direct the intelligence 
community; insist upon stronger accountability and oversight mechanisms 
for intelligence activities, both within the executive branch and by 
the Congress; and to fund fully the intelligence community's share of 
the war efforts in Iraq and Afghanistan and the continuing 
counterterrorism operations against al-Qaida and other terrorist 
organizations worldwide.
  There is also a classified annex to this bill, which lays out the 
authorized funding levels for the National Intelligence Program. The 
theme of the annex is to shift funds from intelligence activities that 
are less capable, lower priority, or not performing to those that will 
provide the Nation with better capabilities for intelligence 
collection, analysis, counterintelligence, and covert action.
  The details of the classified annex are necessarily secret, but all 
Members are welcome to review them at the committee's offices at any 
time.
  Let me describe some of the notable provisions in more detail.
  To add to the management authorities of the Director of National 
Intelligence, the bill gives the Director of National Intelligence 
greater flexibility in personnel matters, including extending the 
length of time that personnel may be detailed to an intelligence agency 
to 3 years from the current 1 year. It also provides the Director, 
working with individual intelligence agencies, to shift or hire 
personnel by up to 5 percent above authorized personnel levels if 
intelligence requirements demand doing so. The bill authorizes the DNI 
to conduct accountability reviews of personnel and elements within the 
intelligence community, further clarifying that the Director is the 
senior official in the intelligence community. It seeks to prevent 
repetitions of information sharing problems by enabling the DNI to 
purchase necessary equipment or technology to improve information 
sharing with governmental departments or agencies regardless of whether 
they are part of the intelligence community. The bill also requires the 
intelligence community to continue putting in place the information 
technology necessary to assure information flows between its agencies.
  The committee has longstanding concerns with the way the intelligence 
community has briefed, or has failed to brief, the congressional 
Intelligence Committees on all intelligence activities and covert 
actions. Two major controversies, over CIA detention and interrogation 
and over the warrantless surveillance program of the National Security 
Agency, were both briefed only to the chairman and vice chairman of the 
Senate Intelligence Committee. The rest of the committee's membership 
was unaware of these programs for years.
  The bill strengthens the statutory requirements to keep the 
congressional intelligence committees ``fully and currently informed'' 
of intelligence activities and covert actions. The legislation makes 
clear that there is no exception to the obligation to brief Congress on 
intelligence activities and covert actions; requires that notifications 
include a description of the legal authority on which activities are 
undertaken; and requires that all committee members be provided with 
the broad outlines--the ``main features''--of intelligence programs in 
those instances where the sensitive operational details are provided 
only to a limited number of Senators.
  In addition to ensuring that notifications to the Congress are 
conducted, the bill includes a number of additional

[[Page 21756]]

provisions intended to strengthen intelligence oversight. These include 
creating an independent inspector general, confirmed by the Senate, to 
help the DNI oversee the intelligence community and strengthening the 
inspectors general of the National Security Agency, NSA, Defense 
Intelligence Agency, DIA, National Reconnaissance Office, NRO, and 
National Geospatial-Intelligence Agency, NGA, by listing them under the 
Inspector General Act of 1978.
  They include requiring Senate confirmation for the Directors of the 
National Security Agency, the National Reconnaissance Office, the 
National Geospatial-Intelligence Agency, and for the Deputy Director of 
the CIA. For several years, the Intelligence Committee has viewed these 
positions as holding substantial budgetary and policy responsibilities.
  They also include improving the intelligence community's ability to 
budget, manage finances, and run program acquisitions. I am unable to 
state publicly why these provisions are so important, but it is fair to 
say that intelligence agencies have had major failures in this regard. 
In this bill, we have sought to apply best practices from other parts 
of the government to intelligence community management and acquisitions 
with the goal of more efficiently and effectively using taxpayer 
dollars to fund intelligence activities.
  Finally, while I am unable to provide specifics due to reasons of 
classification, let me highlight five other parts of the bill and its 
classified annex that merit recognition.
  Satellites. To address a problem created by years of mismanagement 
and acquisition failures, the annex to this bill recommends a more 
capable and more affordable imagery satellite architecture that 
addresses the requirements of both our civilian policymakers and 
military warfighters.
  Languages. As our committee report notes, the intelligence 
community's language capabilities are abysmal. This bill authorizes 
increased funding to significantly improve language proficiencies. 
Rather than funding separate initiatives across the various 
intelligence agencies, this funding is provided to the Director of 
National Intelligence for allocation and coordination to maximize 
effectiveness.
  Research and Development. The U.S. intelligence community leads the 
world in the technical collection of intelligence. This success is the 
result of decades of investment in research and development. The annex 
to this bill recommends increases in investment on research and 
development to return to the level of funding necessary to maintain the 
nation's technological edge.
  Cybersecurity. The committee has held numerous hearings with the 
Acting Senior Director for Cybersecurity in the National Security 
Council, the Director of the National Security Agency, and the 
committee's Technical Advisory Group. I believe strongly that cyber 
attack and espionage by adversary nations and nonstate actors pose a 
grave threat to our Nation's national and economic security. I also 
believe, however, that initiatives underway to provide for security of 
the government's cyber networks need to be implemented and overseen 
carefully to ensure that privacy rights are upheld.
  For this reason, the bill includes a provision that establishes a 
framework for executive and congressional oversight for cybersecurity. 
Specifically, it requires reporting to Congress on the legal 
authorities for cyber-security programs, privacy assessments, and 
details of the concept of operations for these activities. The 
provision also requires thorough auditing of cyber-security programs by 
the relevant inspectors general, especially to determine compliance 
with law and privacy rights. Finally, the provision authorizes the 
detail of cyber experts from the intelligence community to the 
Department of Homeland Security and FBI to assist in their roles in 
cyber defense and law enforcement. The annex to the bill also adjusts 
funding levels to ensure that the President's request for cyber-
security activities are appropriately funded and are proceeding under 
clear legal and policy guidance.
  Report on compliance with laws related to detention and 
interrogation. As I noted, the administration and our committee 
continue to conduct reviews of detention and interrogation practices 
begun after September 11, 2001. This bill requires the DNI to report on 
how the intelligence community complies with all laws, international 
obligations, and executive orders related to the detention and 
interrogation of persons under their control.
  Following the reporting of our bill on July 22, we have worked with 
three committees of the Senate to resolve several questions.
  We have worked with the Armed Services Committee to develop a Senate 
resolution that will govern the sequence of referral, between that 
committee and the Intelligence Committee, of nominations for Director 
of the National Security Agency, the National Reconnaissance Office, 
and the National Geospatial-Intelligence Agency. That resolution has 
the support of Chairman Levin and Ranking Member McCain of the Armed 
Services Committee, as well as having my and Vice Chairman Bond's 
support. I will address the proposed resolution in a separate colloquy 
today with Chairman Levin.
  We have worked with Ranking Member Cochran of the Appropriations 
Committee on an agreement to strike, in a managers' amendment, section 
341 of the bill that would have expressed the sense of the Senate on an 
Appropriations Subcommittee on Intelligence. That internal Senate 
matter will continue to be discussed within the Senate but will not be 
a part of this bill.
  We have worked with Chairman Leahy of the Judiciary Committee to 
resolve several matters. The managers' amendment that Vice Chairman 
Bond and I have offered amends three provisions which require the 
submission of reports on various matters. The purpose of the amendments 
to sections 336, 407, and 445 is to ensure that the Judiciary Committee 
receives reports on matters within its jurisdiction. In consultation 
with the Office of the Director of National Intelligence, the managers' 
amendment amends section 411 on a FOIA operational file exemption to 
state more precisely the intent of the provision. The managers' 
amendment also strikes section 352 that establishes a FOIA exemption 
for terrorist identity information that is disseminated for terrorist 
screening purposes. As a comparable provision has been reported in the 
House, we expect that the provision will be the subject of further 
consideration at conference.
  Mr. President, the vice chairman and I have worked hard to produce 
bipartisan legislation that provides the intelligence community with 
the tools and resources needed to keep the Nation safe and to inform 
decisionmakers. This bill does just that. It strikes a balance between 
allowing intelligence agencies the latitude to conduct their operations 
while ensuring their legality and efficiency.
  I very much appreciate the Senate's approval of this legislation and 
look forward to bringing a conference report to the Senate as soon as 
possible.
  Mr. BOND. Mr. President, for too many years, Congress has failed to 
pass an intelligence authorization bill that could be signed into law. 
We came close once, only to have our efforts derailed by a problematic 
interrogation provision. We have solved that problem this year, and now 
I believe we finally have a product that we can move forward with the 
hope that it will soon be signed into law.
  The intelligence authorization bill before us will give the 
intelligence community the flexibility and authorities it needs to 
function effectively and will ensure appropriate intelligence oversight 
by this committee.
  Over the past several months, we have worked closely with the 
administration and other committees to address their concerns over 
various provisions. Of course, some concerns were easier to resolve 
than others. But we are now at a point that I believe we can pass this 
bill through the Senate.
  I have often said that in creating the Director of National 
Intelligence, we gave him an awful lot of responsibility

[[Page 21757]]

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 taxpayers, and we are 
failing the intelligence community.
  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. Now, I do not share the belief that the Office of the 
Director of National Intelligence is too large; in fact, I think we 
need to make sure that our National Counterterrorism Center and 
National Counterproliferation Center have more resources, not less. 
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. 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.
  Finally, the CIA's interrogation program has been a hot topic over 
the past few months. This spring, the administration declassified 
several Office of Legal Counsel opinions pertaining to the program but 
redacted much of the information concerning its effectiveness. I am 
generally opposed to releasing information about some of our most 
sensitive intelligence sources and methods, but in this case, I believe 
the record needed to be set straight. So I sponsored an amendment, that 
was accepted by the committee, requiring the Director of the CIA to 
release an unclassified summary of several memos that discuss the 
effectiveness of the interrogation program. The American people may 
decide for themselves whether or not the CIA's program was effective in 
preventing terrorist attacks on our nation and our allies.
  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 appreciated her 
willingness to work through the many issues raised throughout this 
process.
  I ask my colleagues to support this bill so that we can get back on 
track with performing effective intelligence oversight.


               Clarifying Responsibilities of Committees

  Mrs. FEINSTEIN. Mr. President, section 432 of S. 1494, the 
Intelligence Authorization Act for Fiscal year 2010 that is before the 
Senate today, provides that the Directors of the National Security 
Agency, the National Geospatial-Intelligence Agency, and the National 
Reconnaissance Office shall be appointed by the President with the 
advice and consent of the Senate. For several years, the Select 
Committee on Intelligence has been seeking the enactment of legislation 
to provide for Senate confirmation of these important positions. The 
Senate has previously endorsed this effort by including this 
requirement in the proposed Intelligence Authorization for Fiscal Year 
2008.
  It is our strong hope that the time has come to enact this 
fundamental measure to ensure adequate oversight of these three 
agencies whose spending constitutes a significant portion of the entire 
intelligence budget. In preparation for that, my colleague at the 
Intelligence Committee, our vice chairman Kit Bond, and I have worked 
with the leadership of the Armed Services Committee, Chairman Carl 
Levin and Ranking Member John McCain, to settle on the process by which 
our two committees will assist the Senate in a careful examination of 
the qualifications of nominees to head these agencies. The insights of 
both committees is important in that process because the three entities 
are housed in the Department of Defense and perform significant 
responsibilities there while also being major components of the 
intelligence community.
  The resolution that we have prepared recognizes the contribution that 
each of our committees should make to a thorough and timely process. It 
provides that if the nominee is an Active-Duty military officer, the 
confirmation process will begin in the Armed Services Committee and, if 
reported, the nomination will be sequentially referred to the 
Intelligence Committee for a prescribed period of time; namely, 30 days 
plus an additional 5 days if the 30-day period expires when the Senate 
is in recess. If the nominee is a civilian, the confirmation process 
will begin in the Intelligence Committee with a sequential referral to 
the Armed Services Committee under those same time limits. To ensure 
that the sequential referral does not delay completion of the committee 
part of the nomination process, the resolution provides for the 
automatic discharge of the nominations from the second committee if it 
has not reported with the prescribed period of time.
  This referral system recognizes the equities of each committee and 
will ensure that the Senate receives the benefit of the recommendations 
made by the two committees with the expertise necessary to advise the 
Senate about the qualifications of nominees to head these three 
important agencies.
  Although we are not formally introducing the resolution at this time, 
Vice Chairman Bond joins me in this public commitment to the Senate 
that we will ask our committee to report the resolution in time for 
consideration and adoption by the Senate in conjunction with a 
conference report on the fiscal year 2010 Intelligence authorization.
  I ask unanimous consent that the full text of the resolution, showing 
its cosponsorship by myself, Senator Levin, Senator Bond, and Senator 
McCain, be printed in the Record at the conclusion of the colloquy.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mrs. FEINSTEIN. I should note for the Senate that while the full text 
of the amendment includes language pertinent to other nominations, such 
as the Assistant Attorney General for National Security, the 
substantive change to section 17 of S. Res. 400 only bears on the 
sequence of responsibilities between the Armed Services and 
Intelligence Committees.
  I now turn to Senator Levin for his remarks.
  Mr. LEVIN. I would like to express my support for the proposed 
resolution which I believe will enable both of our committees to 
fulfill their responsibilities for ensuring that the nominations to 
head these important intelligence elements within the Department of 
Defense are thoroughly considered. I thank my distinguished colleague 
on the Armed Services Committee, our ranking member, Senator McCain, 
and our colleagues on the Intelligence Committee for reaching this 
agreement.

[[Page 21758]]



                               Exhibit 1

     111th CONGRESS
       1st Session

                               S. Res. __

     Amending Senate Resolution 400 (94th Congress) to clarify the 
     responsibility of committees of the Senate in the provision 
     of the advice and consent of the Senate to nominations to 
     positions in the intelligence community.
                               __________
                               
    IN THE SENATE OF THE UNITED STATES

   Mrs. Feinstein (for herself, Mr. Levin, Mr. Bond, and Mr. McCain) 
submitted the following resolution; which was referred to the Committee 
                             on __________

                               __________
                               

                               RESOLUTION

     Amending Senate Resolution 400 (94th Congress) to clarify the 
     responsibility of committees of the Senate in the provision 
     of the advice and consent of the Senate to nominations to 
     positions in the intelligence community.
       Resolved, That section 17 of Senate Resolution 400 (94th 
     Congress) is amended to read as follows:
       ``Sec. 17. (a)(1) Except as provided in subsection (b), the 
     select committee shall have jurisdiction to review, hold 
     hearings, and report the nominations of individuals for 
     positions in the intelligence community for which 
     appointments are made by the President, by and with the 
     advice and consent of the Senate.
       ``(2) Except as provided in subsection (b), a committee 
     with jurisdiction over the department or agency of the 
     Executive Branch within which is a position referred to in 
     paragraph (1) may hold hearings and interviews with 
     individuals nominated for such position, but only the select 
     committee shall report such nomination.
       ``(3) In this subsection, the term `intelligence community' 
     means an element of the intelligence community specified in 
     or designated under section 3(4) of the National Security Act 
     of 1947.
       ``(b)(1) With respect to the confirmation of appointment to 
     the position of Assistant Attorney General for National 
     Security, or any successor position, the nomination of any 
     individual by the President to serve in such position shall 
     be referred to the Committee on the Judiciary and, if and 
     when reported, to the select committee for not to exceed 20 
     calendar days, except that in cases when the 20-day period 
     expires while the Senate is in recess, the select committee 
     shall have 5 additional calendar days after the Senate 
     reconvenes to report the nomination.
       ``(2)(A) With respect to the confirmation of appointment to 
     the position of Director of the National Geospatial-
     Intelligence Agency, Director of the National Reconnaissance 
     Office, or Director of the National Security Agency, or any 
     successor position to such position, the nomination of any 
     individual by the President to serve in such position, who at 
     the time of the nomination is a member of the Armed Forces on 
     active duty, shall be referred to the Committee on Armed 
     Services, and, if and when reported, to the select committee 
     for not to exceed 30 calendar days, except that in cases when 
     the 30-day period expires while the Senate is in recess, the 
     select committee shall have 5 additional calendar days after 
     the Senate reconvenes to report the nomination.
       ``(B) With respect to the confirmation of appointment to 
     the position of Director of the National Geospatial-
     Intelligence Agency, Director of the National Reconnaissance 
     Office, or Director of the National Security Agency, or any 
     successor to such position, the nomination of any individual 
     by the President to serve in such position, who at the time 
     of the nomination is not a member of the Armed Forces on 
     active duty, shall be referred to the select committee and, 
     if and when reported, to the Committee on Armed Services for 
     not to exceed 30 calendar days, except that in cases when the 
     30-day period expires while the Senate is in recess, the 
     Committee on Armed Services shall have an additional 5 
     calendar days after the Senate reconvenes to report the 
     nomination.
       ``(3) If, upon the expiration of the period of sequential 
     referral described in paragraphs (1) and (2), the committee 
     to which the nomination was sequentially referred has not 
     reported the nomination, the nomination shall be 
     automatically discharged from that committee and placed on 
     the Executive Calendar.''.
  Mr. LEAHY. Mr. President, today the Senate will pass the amended 
Intelligence Authorization Act for fiscal year 2010, S.1494. 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.
  The first opportunity to review this legislation arose on August 5, 
shortly before the Senate was scheduled to recess, and in the midst of 
the debate on the confirmation of Associate Justice Sonia Sotomayor. At 
that time, I recognized several provisions in the bill that fall under 
the jurisdiction of the Judiciary Committee, as well as issues about 
which the committee shares an interest with the Select Committee on 
Intelligence. Since that time, Senator Feinstein and I, as well as our 
staffs, have 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.
  The amendment to the intelligence authorization bill agreed to today 
identifies the Judiciary Committee as a recipient of relevant reporting 
provisions, narrows the operational files FOIA exemption for 
information provided by intelligence agencies to the Office of the 
Director of National Intelligence, ODNI, and strikes a FOIA (b)(3) 
exemption for terrorist identity information. Senator Feinstein has 
told me she is also committed to ensuring that the Judiciary Committee 
will receive reports required by the bill's section 340, cybersecurity 
oversight. I appreciate Senator Feinstein's support for these 
improvements.
  The intelligence authorization bill includes several reporting 
requirements that involve areas of long-standing interest and 
jurisdiction of the Judiciary Committee. The amended bill ensures that 
the Judiciary Committee is a recipient of those reports. Section 336 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 or 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 No. 13493, 
relating to detention policy options.
  The amendment to the intelligence authorization bill modifies section 
336 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.
  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 407 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 modifies the 
reporting provision to require the inspector general to submit reports 
that

[[Page 21759]]

focus on Government officials to the committees of the Senate and the 
House of Representatives with jurisdiction over the department that 
official represents.
  Section 407 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 amendment adopted today contains several 
important improvements that I recommended to strengthen FOIA. I am 
particularly pleased that the bill, as amended, deletes a broad and 
unnecessary exemption to FOIA's disclosure requirements for terrorist 
identity information.
  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, the revised bill also narrows the exemption to FOIA's search 
requirements for operational files information that the Nation's 
intelligence agencies share with the ODNI. The bill now 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 the amendment strengthens this legislation by recognizing 
the value and significance of the shared jurisdiction in many areas of 
national security between the Judiciary and Intelligence Committees. I 
appreciate Senator Feinstein's cooperation in adopting these 
improvements. In a letter sent to me today, Senator Feinstein has also 
committed to continuing to work with the Judiciary Committee in the 
area of cyber matters. I will ask to have her letter printed in the 
Record.
  The agreement to proceed with the intelligence authorization bill 
today includes a commitment to ensure that the Judiciary Committee 
receives reports required by the bill's section 340, cybersecurity 
oversight. 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 with regard to oversight of cyber matters and cybersecurity.
  As Senator Feinstein has described it, section 340 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 340 of the bill 
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 one 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.
  Mr. President. I ask unanimous consent to have the letter to which I 
referred printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                      U.S. Senate,


                             Select Committee on Intelligence,

                               Washington, DC, September 15, 2009.
     Hon. Patrick Leahy,
     Chairman, Committee on the Judiciary,
     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.

  Mr. CASEY. Mr. President, I ask unanimous consent that the Feinstein-
Bond amendment, which is at the desk, be considered and agreed to and 
that

[[Page 21760]]

the motion to reconsider be laid upon the table, that the bill as 
amended be read a third time, passed, that the motion to reconsider be 
laid upon the table, and that any statements be printed at the 
appropriate place in the Record as if read with the above occurring 
without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2422) was agreed to.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  The bill (S. 1494), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1494

       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.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

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

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                     Subtitle A--Personnel Matters

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Enhanced flexibility in details to elements of the 
              intelligence community.
Sec. 303. Enhancement of authority of the Director of National 
              Intelligence for flexible personnel management among the 
              elements of the intelligence community.
Sec. 304. Award of rank to members of the Senior National Intelligence 
              Service.
Sec. 305. Annual personnel level assessments for the intelligence 
              community.
Sec. 306. Temporary personnel authorizations for critical language 
              training.

                     Subtitle B--Education Programs

Sec. 311. Permanent authorization for the Pat Roberts Intelligence 
              Scholars Program.
Sec. 312. Modifications to the Louis Stokes Educational Scholarship 
              Program.
Sec. 313. Intelligence officer education programs.
Sec. 314. Review and report on education programs.

                    Subtitle C--Acquisition Matters

Sec. 321. Vulnerability assessments of major systems.
Sec. 322. Intelligence community business system transformation.
Sec. 323. Reports on the acquisition of major systems.
Sec. 324. Excessive cost growth of major systems.
Sec. 325. Future budget projections.
Sec. 326. National Intelligence Program funded acquisitions.

        Subtitle D--Congressional Oversight, Plans, and Reports

Sec. 331. General congressional oversight.
Sec. 332. Improvement of notification of Congress regarding 
              intelligence activities of the United States.
Sec. 333. Requirement to provide legal authority for intelligence 
              activities.
Sec. 334. Additional limitation on availability of funds for 
              intelligence and intelligence-related activities.
Sec. 335. Audits of intelligence community by Government Accountability 
              Office.
Sec. 336. Report on compliance with laws, international obligations, 
              and Executive orders on the detention and interrogation 
              activities of the intelligence community.
Sec. 337. Reports on national security threat posed by Guantanamo Bay 
              detainees.
Sec. 338. Report on retirement benefits for former employees of Air 
              America.
Sec. 339. Report and strategic plan on biological weapons.
Sec. 340. Cybersecurity oversight.
Sec. 341. Repeal or modification of certain reporting requirements.

                       Subtitle E--Other Matters

Sec. 351. Extension of authority to delete information about receipt 
              and disposition of foreign gifts and decorations.
Sec. 352. Modification of availability of funds for different 
              intelligence activities.
Sec. 353. Limitation on reprogrammings and transfers of funds.
Sec. 354. Protection of certain national security information.
Sec. 355. National Intelligence Program budget request.
Sec. 356. Improving the review authority of the Public Interest 
              Declassification Board.
Sec. 357. Authority to designate undercover operations to collect 
              foreign intelligence or counterintelligence.
Sec. 358. Correcting long-standing material weaknesses.

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

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Accountability reviews by the Director of National 
              Intelligence.
Sec. 402. Authorities for intelligence information sharing.
Sec. 403. Authorities for interagency funding.
Sec. 404. Location of the Office of the Director of National 
              Intelligence.
Sec. 405. Additional duties of the Director of Science and Technology.
Sec. 406. Title and appointment of Chief Information Officer of the 
              Intelligence Community.
Sec. 407. Inspector General of the Intelligence Community.
Sec. 408. Chief Financial Officer of the Intelligence Community.
Sec. 409. Leadership and location of certain offices and officials.
Sec. 410. National Space Intelligence Office.
Sec. 411. Protection of certain files of the Office of the Director of 
              National Intelligence.
Sec. 412. Counterintelligence initiatives for the intelligence 
              community.
Sec. 413. Applicability of the Privacy Act to the Director of National 
              Intelligence and the Office of the Director of National 
              Intelligence.
Sec. 414. Inapplicability of Federal Advisory Committee Act to advisory 
              committees of the Office of the Director of National 
              Intelligence.
Sec. 415. Membership of the Director of National Intelligence on the 
              Transportation Security Oversight Board.
Sec. 416. Repeal of certain authorities relating to the Office of the 
              National Counterintelligence Executive.
Sec. 417. Misuse of the Office of the Director of National Intelligence 
              name, initials, or seal.

                Subtitle B--Central Intelligence Agency

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

              Subtitle C--Defense Intelligence Components

Sec. 431. Inspector general matters.
Sec. 432. Confirmation of appointment of heads of certain components of 
              the intelligence community.
Sec. 433. Clarification of national security missions of National 
              Geospatial-Intelligence Agency for analysis and 
              dissemination of certain intelligence information.
Sec. 434. Defense Intelligence Agency counterintelligence and 
              expenditures.

                       Subtitle D--Other Elements

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

[[Page 21761]]

Sec. 445. Report and assessments on transformation of the intelligence 
              capabilities of the Federal Bureau of Investigation.

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

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

     TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Findings.
Sec. 604. Establishment and functions of the Commission.
Sec. 605. Members and staff of the Commission.
Sec. 606. Powers and duties of the Commission.
Sec. 607. Report of the Commission.
Sec. 608. Termination.
Sec. 609. Nonapplicability of Federal Advisory Committee Act.
Sec. 610. Funding.

                    TITLE VII--TECHNICAL AMENDMENTS

Sec. 701. Technical amendments to the Foreign Intelligence Surveillance 
              Act of 1978.
Sec. 702. Technical amendments to the Central Intelligence Agency Act 
              of 1949.
Sec. 703. Technical amendments to title 10, United States Code.
Sec. 704. Technical amendments to the National Security Act of 1947.
Sec. 705. Technical amendments relating to the multiyear National 
              Intelligence Program.
Sec. 706. Technical amendments to the Intelligence Reform and Terrorism 
              Prevention Act of 2004.
Sec. 707. Technical amendments to the Executive Schedule.
Sec. 708. Technical amendments to section 105 of the Intelligence 
              Authorization Act for Fiscal Year 2004.
Sec. 709. Technical amendments to section 602 of the Intelligence 
              Authorization Act for Fiscal Year 1995.
Sec. 710. Technical amendments to section 403 of the Intelligence 
              Authorization Act, Fiscal Year 1992.

     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 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 conference report on 
     the bill __ 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 to the performance of important 
     intelligence functions, except that the number of personnel 
     employed in excess of the number authorized under such 
     section may not, for any element of the intelligence 
     community, exceed 5 percent of the number of civilian 
     personnel authorized under such section for such element.
       (b) Authority for Conversion of Activities Performed by 
     Contract Personnel.--
       (1) In 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 in--
       (1) a student program, trainee program, or similar program;
       (2) a reserve corps or as a reemployed annuitant; or
       (3) details, joint duty, or long term, full-time training.
       (d) Notice to Congressional Intelligence 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 $786,812,000. Within such amount, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 102(a) for advanced research and 
     development shall remain available until September 30, 2011.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 792 full-time equivalent 
     personnel as of September 30, 2010. Personnel serving in such 
     elements may be permanent employees of the Office of the 
     Director of National Intelligence or personnel detailed from 
     other elements of the United States Government.
       (c) Construction of Authorities.--The authorities available 
     to the Director of National Intelligence under section 103 
     are also available to the Director for the adjustment of 
     personnel levels within the Intelligence Community Management 
     Account.
       (d) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     authorized to be appropriated for the Community Management 
     Account for fiscal year 2010 such additional amounts as are 
     specified in the classified Schedule of Authorizations 
     referred to in section 102(a). Such additional amounts for 
     advanced research and development shall remain available 
     until September 30, 2011.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence Community Management Account as of September 30, 
     2010, there are authorized such additional 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 which is not otherwise authorized by 
     the Constitution or the laws of the United States.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2010 the sum of $290,900,000.

     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

[[Page 21762]]

     (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 DETAILS TO ELEMENTS OF THE 
                   INTELLIGENCE COMMUNITY.

       Except as provided in section 113 of the National Security 
     Act of 1947 (50 U.S.C. 404h) and section 904(g)(2) of the 
     Counterintelligence Enhancement Act of 2002 (title IX of 
     Public Law 107-306; 50 U.S.C. 402c(g)(2)) and notwithstanding 
     any other provision of law, an officer or employee of the 
     United States or member of the Armed Forces may be detailed 
     to the staff of an element of the intelligence community 
     funded through the National Intelligence Program from another 
     element of the intelligence community or from another element 
     of the United States Government on a reimbursable or 
     nonreimbursable basis, as jointly agreed to by the head of 
     the receiving element and the head of the detailing element 
     (or the designees of such officials), for a period not to 
     exceed 3 years.

     SEC. 303. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE FOR FLEXIBLE PERSONNEL 
                   MANAGEMENT AMONG THE ELEMENTS OF THE 
                   INTELLIGENCE COMMUNITY.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended by adding at the end the following 
     new subsections:
       ``(s) Authority To Establish Positions in Excepted 
     Service.--(1) The Director of National Intelligence may, with 
     the concurrence of the head of the department or agency 
     concerned and in coordination with the Director of the Office 
     of Personnel Management--
       ``(A) convert competitive service positions, and the 
     incumbents of such positions, within an element of the 
     intelligence community to excepted service positions as the 
     Director of National Intelligence determines necessary to 
     carry out the intelligence functions of such element; and
       ``(B) establish the classification and ranges of rates of 
     basic pay for positions so converted, notwithstanding 
     otherwise applicable laws governing the classification and 
     rates of basic pay for such positions.
       ``(2)(A) At the request of the Director of National 
     Intelligence, the head of a department or agency may 
     establish new positions in the excepted service within an 
     element of such department or agency that is part of the 
     intelligence community if the Director determines that such 
     positions are necessary to carry out the intelligence 
     functions of such element.
       ``(B) The Director of National Intelligence may establish 
     the classification and ranges of rates of basic pay for any 
     position established under subparagraph (A), notwithstanding 
     otherwise applicable laws governing the classification and 
     rates of basic pay for such positions.
       ``(3) The head of the department or agency concerned is 
     authorized to appoint individuals for service in positions 
     converted under paragraph (1) or established under paragraph 
     (2) without regard to the provisions of chapter 33 of title 
     5, United States Code, governing appointments in the 
     competitive service, and to fix the compensation of such 
     individuals within the applicable ranges of rates of basic 
     pay established by the Director of National Intelligence.
       ``(4) The maximum rate of basic pay established under this 
     subsection is the rate for level III of the Executive 
     Schedule under section 5314 of title 5, United States Code.
       ``(5) Not later than 60 days prior to the date that 
     Director of National Intelligence will convert a position 
     under paragraph (1) or establish a position under paragraph 
     (2), the Director shall submit to the congressional 
     intelligence committees a notification of such conversion or 
     establishment.
       ``(t) Pay Authority for Critical Positions.--(1) 
     Notwithstanding any pay limitation established under any 
     other provision of law applicable to employees in elements of 
     the intelligence community, the Director of National 
     Intelligence may, in coordination with the Director of the 
     Office of Personnel Management and the Director of the Office 
     of Management and Budget, grant authority to fix the rate of 
     basic pay for 1 or more positions within the intelligence 
     community at a rate in excess of any applicable limitation, 
     subject to the provisions of this subsection. The exercise of 
     authority so granted is at the discretion of the head of the 
     department or agency employing the individual in a position 
     covered by such authority, subject to the provisions of this 
     subsection and any conditions established by the Director of 
     National Intelligence when granting such authority.
       ``(2) Authority under this subsection may be granted or 
     exercised only--
       ``(A) with respect to a position which requires an 
     extremely high level of expertise and is critical to 
     successful accomplishment of an important mission; and
       ``(B) to the extent necessary to recruit or retain an 
     individual exceptionally well qualified for the position.
       ``(3) A rate of basic pay may not be fixed under this 
     subsection at a rate greater than the rate payable for level 
     II of the Executive Schedule under section 5313 of title 5, 
     United States Code, except upon written approval of the 
     Director of National Intelligence or as otherwise authorized 
     by law.
       ``(4) A rate of basic pay may not be fixed under this 
     subsection at a rate greater than the rate payable for level 
     I of the Executive Schedule under section 5312 of title 5, 
     United States Code, except upon written approval of the 
     President in response to a request by the Director of 
     National Intelligence or as otherwise authorized by law.
       ``(5) Any grant of authority under this subsection for a 
     position shall terminate at the discretion of the Director of 
     National Intelligence.
       ``(6) The Director of National Intelligence shall notify 
     the congressional intelligence committees within 30 days of 
     any grant or exercise of authority under this subsection.
       ``(u) Extension of Flexible Personnel Management 
     Authorities.--(1) Notwithstanding any other provision of law, 
     in order to ensure the equitable treatment of employees 
     across the intelligence community, the Director of National 
     Intelligence may, with the concurrence of the head of the 
     department or agency concerned, or for those matters that 
     fall under the responsibilities of the Office of Personnel 
     Management under statute or executive order, in coordination 
     with the Director of the Office of Personnel Management, 
     authorize 1 or more elements of the intelligence community to 
     adopt compensation authority, performance management 
     authority, and scholarship authority that have been 
     authorized for another element of the intelligence community 
     if the Director of National Intelligence--
       ``(A) determines that the adoption of such authority would 
     improve the management and performance of the intelligence 
     community; and
       ``(B) submits to the congressional intelligence committees, 
     not later than 60 days before such authority is to take 
     effect, notice of the adoption of such authority by such 
     element or elements, including the authority to be so 
     adopted, and an estimate of the costs associated with the 
     adoption of such authority.
       ``(2) To the extent that an existing compensation authority 
     within the intelligence community is limited to a particular 
     category of employees or a particular situation, the 
     authority may be adopted in another element of the 
     intelligence community under this subsection only for 
     employees in an equivalent category or in an equivalent 
     situation.
       ``(3) In this subsection, the term `compensation authority' 
     means authority involving basic pay (including position 
     classification), premium pay, awards, bonuses, incentives, 
     allowances, differentials, student loan repayments, and 
     special payments, but does not include authorities as 
     follows:
       ``(A) Authorities related to benefits such as leave, 
     severance pay, retirement, and insurance.
       ``(B) Authority to grant a rank award by the President 
     under section 4507, 4507a, or 3151(c) of title 5, United 
     States Code, or any other provision of law.
       ``(C) Compensation authorities and performance management 
     authorities provided under provisions of law relating to the 
     Senior Executive Service.''.

     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, is further amended 
     by adding at the end the following:
       ``(v) Award of Rank to Members of the Senior National 
     Intelligence Service.--The President, based on the 
     recommendations of the Director of National Intelligence, may 
     award ranks to members of the Senior National Intelligence 
     Service and other intelligence community senior civilian 
     officers not already covered by such a rank award program in 
     a manner consistent with the provisions of section 4507 of 
     title 5, United States Code. The award of such rank shall be 
     made per the direction of the Director of National 
     Intelligence and in a manner consistent with the provisions 
     of such section 4507.''.

     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:

     ``SEC. 506B. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE 
                   INTELLIGENCE COMMUNITY.

       ``(a) Requirement To Provide.--The Director of National 
     Intelligence shall for the Office of the Director of National 
     Intelligence and, in consultation with the head of the 
     element of the intelligence community concerned, prepare an 
     annual personnel level assessment for such element of the 
     intelligence

[[Page 21763]]

     community that assesses the personnel levels for each such 
     element for the fiscal year following the fiscal year in 
     which the assessment is submitted.
       ``(b) Schedule.--Each assessment required by subsection (a) 
     shall be submitted to the congressional intelligence 
     committees each year along with the budget submitted by the 
     President under section 1105 of title 31, United States Code.
       ``(c) Contents.--Each assessment required by subsection (a) 
     submitted during a fiscal year shall contain the following 
     information for the element of the intelligence community 
     concerned:
       ``(1) The budget submission for personnel costs for the 
     upcoming fiscal year.
       ``(2) The dollar and percentage increase or decrease of 
     such costs as compared to the personnel costs of the current 
     fiscal year.
       ``(3) The dollar and percentage increase or decrease of 
     such costs as compared to the personnel costs during the 
     prior 5 fiscal years.
       ``(4) The number of full-time equivalent positions that is 
     the basis for which personnel funds are requested for the 
     upcoming fiscal year.
       ``(5) The numerical and percentage increase or decrease of 
     such number as compared to the number of full-time equivalent 
     positions of the current fiscal year.
       ``(6) The numerical and percentage increase or decrease of 
     such number as compared to the number of full-time equivalent 
     positions during the prior 5 fiscal years.
       ``(7) The best estimate of the number and costs of contract 
     personnel to be funded by the element for the upcoming fiscal 
     year.
       ``(8) The numerical and percentage increase or decrease of 
     such costs of contract personnel as compared to the best 
     estimate of the costs of contract personnel of the current 
     fiscal year.
       ``(9) The numerical and percentage increase or decrease of 
     such costs of contract personnel as compared to the cost of 
     contract personnel, and the number of contract personnel, 
     during the prior 5 fiscal years.
       ``(10) A justification for the requested personnel and 
     contract personnel levels.
       ``(11) The number of intelligence collectors and analysts 
     employed or contracted by each element of the intelligence 
     community.
       ``(12) A list of all contract personnel who have been the 
     subject of an investigation or review completed by the 
     inspector general of any element of the intelligence 
     community during the preceding fiscal year, or are or have 
     been the subject of an investigation or review by such an 
     inspector general during the current fiscal year.
       ``(13) A statement by the Director of National Intelligence 
     that, based on current and projected funding, the element 
     concerned will have sufficient--
       ``(A) internal infrastructure to support the requested 
     personnel and contract personnel levels;
       ``(B) training resources to support the requested personnel 
     levels; and
       ``(C) funding to support the administrative and operational 
     activities of the requested personnel levels.''.
       (b) Applicability 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 
     with the budget for fiscal year 2011 submitted to Congress by 
     the President under section 1105 of title 31, United States 
     Code.
       (c) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 506A 
     the following new item:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) In 2009, eight years after the terrorist attacks of 
     September 11, 2001, the intelligence community continues to 
     lack an adequate supply of personnel trained in critical 
     foreign languages.
       (2) A number of elements of the intelligence community are 
     attempting to address that lack of supply by recruiting 
     applicants who can speak, read, and understand critical 
     foreign languages.
       (3) Leaders in the intelligence community have recognized 
     that improved recruiting practices are only a partial 
     solution and that improved language training for current 
     intelligence community employees is also necessary.
       (4) While language education and instruction provides long-
     term benefits for both intelligence agencies and individual 
     employees, it has short-term costs for supervisors whose 
     staff are absent due to language training and could provide 
     supervisors with an incentive to resist allowing individual 
     employees to pursue language training.
       (5) If the head of an element of the intelligence community 
     was able to increase the number of personnel at that element 
     during the period that an employee is participating in 
     language training, that element would not have to sacrifice 
     short-term priorities to address language training needs.
       (6) The Director of National Intelligence is uniquely 
     situated to evaluate language training needs across the 
     intelligence community and assess whether that training would 
     be enhanced if elements of the intelligence community were 
     given temporary additional personnel authorizations.
       (7) The intelligence community has a difficult time 
     finding, training, and providing security clearances to 
     native foreign language speakers who are able to serve as 
     translators and it would be beneficial if all elements of the 
     intelligence community were able to harness the capabilities 
     of these individuals.
       (8) The Director of National Intelligence is uniquely 
     situated to identify translators within the intelligence 
     community and provide for their temporary transfer from one 
     element of the intelligence community to another element.
       (b) Temporary Personnel Authorizations.--
       (1) Authorized additional ftes.--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 
     utilized only for the purposes described in paragraph (2).
       (2) Purposes.--The Director of National Intelligence may 
     use a full-time equivalent position authorized under 
     paragraph (1) only for the purposes of providing a temporary 
     transfer of personnel made pursuant to the authority in 
     section 102A(e)(2) of the National Security Act of 1947 (50 
     U.S.C. 403-1(e)(2)) to an element of the intelligence 
     community to enable such element to increase its total 
     authorized number of personnel, on a temporary basis--
       (A) during a period in which a permanent employee of such 
     element is absent to participate in critical language 
     training; or
       (B) to accept a permanent employee of another element of 
     the intelligence community to provide language-capable 
     services a temporary basis.
       (c) Inapplicability of Other Law.--Subparagraph (B) of 
     section 102A(e)(2) of the National Security Act of 1947 (50 
     U.S.C. 403-1(e)(2)) shall not apply to a transfer of 
     personnel authorizations made under this section.
       (d) Reporting Requirements.--
       (1) Report to the director of national intelligence.--An 
     element of the intelligence community that receives a 
     temporary transfer of personnel authorized under subsection 
     (b) shall submit to the Director of National Intelligence a 
     report on such transfer that includes the length of time of 
     the temporary transfer and which critical language need of 
     such element was fulfilled or partially fulfilled by the 
     transfer.
       (2) Annual report to congress.--The Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees an annual report on this section. Each such report 
     shall include a description of--
       (A) the number of transfers of personnel made by the 
     Director pursuant to subsection (b), disaggregated by each 
     element of the intelligence community;
       (B) the critical language that needs were fulfilled or 
     partially fulfilled through the use of such transfers; and
       (C) the cost to carry out subsection (b).

                     Subtitle B--Education Programs

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

       (a) In General.--Subsection (a) of section 318 of the 
     Intelligence Authorization Act for Fiscal Year 2004 (Public 
     Law 108-177; 50 U.S.C. 441g note) is amended--
       (1) in the heading, by striking ``Pilot Program'' and 
     inserting ``In General'';
       (2) in paragraph (1)--
       (A) by striking ``pilot''; and
       (B) by inserting ``, acquisition, scientific, and 
     technical, or other'' after ``analytic'' in both places that 
     term appears;
       (3) in paragraph (2), by striking ``pilot''; and
       (4) in paragraph (3), by striking ``pilot''.
       (b) Elements.--Subsection (b) of section 318 of the 
     Intelligence Authorization Act for Fiscal Year 2004 (Public 
     Law 108-177; 50 U.S.C. 411g note) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``pilot'';
       (2) in paragraph (1), by striking ``analysts'' and 
     inserting ``professionals''; and
       (3) in paragraph (2), by inserting ``, acquisition, 
     scientific, and technical, or other'' after ``analytic''.
       (c) Permanent Authorization.--Section 318 of the 
     Intelligence Authorization Act for Fiscal Year 2004 (Public 
     Law 108-177; 50 U.S.C. 411g note) is amended by striking 
     subsections (c), (d), (e), (f), and (g).
       (d) Use of Funds.--Section 318 of the Intelligence 
     Authorization Act for Fiscal Year 2004 (Public Law 108-177; 
     50 U.S.C. 411g note), as amended by subsection (c), is 
     further amended by adding at the end the following:
       ``(c) Use of Funds.--Funds made available for the program 
     may be used for the following purposes:
       ``(1) To provide a monthly stipend for each month that the 
     individual is pursing a course of study described in 
     subsection (a).
       ``(2) To pay such individual's full tuition to permit the 
     individual to complete such a course of study.

[[Page 21764]]

       ``(3) To provide an allowance for books and materials that 
     such individual requires to complete such a course of study.
       ``(4) To pay such individual's expenses for travel as 
     requested by an element of the intelligence community related 
     to the program.''.
       (e) Conforming Amendments.--
       (1) Section heading.--The section heading of section 318 of 
     the Intelligence Authorization Act for Fiscal Year 2004 
     (Public Law 108-177; 117 Stat. 2613) is amended to read as 
     follows:

     ``SEC. 318. PAT ROBERTS INTELLIGENCE SCHOLARS PROGRAM.''.

       (2) Table of contents.--The table of contents in section 
     1(b) of the Intelligence Authorization Act for Fiscal Year 
     2004 (Public Law 108-177; 117 Stat. 2599) is amended by 
     striking the item relating to section 318 and inserting the 
     following:

``Sec. 318. Pat Roberts Intelligence Scholars Program.''.

     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 ``Such program shall be known as 
     the Louis Stokes Educational Scholarship Program.''.
       (b) Authority for Participation by Individuals Who Are Not 
     Employed by the Federal Government.--
       (1) In 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) Replacement of the term ``employee''.--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'';
       (B) in subsection (d)--
       (i) in paragraph (1)--

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

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

       (IV) in subparagraph (D)--

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

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

       (C) in subsection (e)(1), by striking ``employee'' and 
     inserting ``program participant''.
       (c) Termination of Program 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.--Section 
     102A of the National Security Act of 1947 (50 U.S.C. 403-1), 
     as amended by sections 303 and 304, is further amended by 
     adding at the end the following new subsection:
       ``(w) Educational Scholarship Program.--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 which the Secretary of Defense is authorized to 
     establish under section 16 of the National Security Agency 
     Act of 1959 (50 U.S.C. 402 note) for civilian employees of 
     the National Security Agency.''.

     SEC. 313. INTELLIGENCE OFFICER EDUCATION PROGRAMS.

       (a) Authority.--The Director may carry out, or may 
     authorize the head of an element of the intelligence 
     community to carry out, programs in accordance with this 
     section for the purposes described in subsection (c).
       (b) Definitions.--In this section:
       (1) Director.--The term ``Director'' means ``the Director 
     of National Intelligence''.
       (2) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (c) Purposes.--The purpose of a program carried out under 
     this section shall be--
       (1) to encourage the preparation, recruitment, and 
     retention of civilian intelligence community personnel who 
     posses language, analytic, scientific, technical, or other 
     skills necessary to meet the needs of the intelligence 
     community, as identified by the Director; and
       (2) to enhance recruitment and retention of an ethnically 
     and culturally diverse workforce for the intelligence 
     community with capabilities critical to the national security 
     interests of the United States.
       (d) Authorized Programs.--The programs authorized under 
     this section are as follows:
       (1) Grants to individuals.--A program carried out in 
     accordance with subsection (e) to provide financial aid to an 
     individual to pursue a program at an institution of higher 
     education in language, analysis, science, technical fields, 
     or other skills necessary to meet the needs of the 
     intelligence community, as identified by the Director.
       (2) Grants to institutions of higher education.--A program 
     carried out in accordance with subsection (f) to provide a 
     grant to an institution of higher education to develop a 
     program of study in an area of study referred to paragraph 
     (1).
       (e) Grants to Individuals.--
       (1) In general.--The Director, or the head of an element of 
     the intelligence community authorized by the Director under 
     subsection (a), may award a grant to an individual who is 
     pursuing an associate, baccalaureate, advanced degree, or 
     certification in an area of study referred to in subsection 
     (c)(1) at an institution of higher education.
       (2) Use or funds.--A grant awarded to an individual under 
     this section to enroll in a program at an institution of 
     higher education may be used--
       (A) to pay the tuition, fees, and other costs of such 
     program;
       (B) to pay the living expenses of the individual during the 
     time the individual is enrolled in such program; or
       (C) to support internship activities of the individual 
     within the intelligence community during the academic year or 
     periods between academic years in which the individual is 
     enrolled in such program.
       (3) Administration of grants.--A grant of financial aid to 
     an individual under this section shall be administered 
     through--
       (A) the Pat Roberts Intelligence Scholars Program carried 
     out under section 318 of the Intelligence Authorization Act 
     for Fiscal Year 2004 (50 U.S.C. 441g note); or
       (B) the Louis Stokes Educational Scholarship Program 
     carried out under section 16 of the National Security Agency 
     Act of 1959 (50 U.S.C. 402 note).
       (4) Selection.--In selecting an individual to receive a 
     grant under this section to enroll in a program at an 
     institution of higher education, the Director or head of an 
     element of the intelligence community, as appropriate, shall 
     consider whether such institution has been awarded a grant 
     under this section.
       (5) Authority for screening.--The Director is authorized to 
     screen and qualify each individual selected to receive a 
     grant under this section for the appropriate security 
     clearance without regard to the date that the employment 
     relationship between the individual and an element of the 
     intelligence community is formed, or whether it is ever 
     formed.
       (f) Grants to Institutions of Higher Education.--
       (1) In general.--The Director may award a grant to an 
     institution of higher education to support the establishment, 
     continued development, improvement, or administration of a 
     program of study referred to in subsection (c)(1) at such 
     institution.
       (2) Use of funds.--A grant awarded to an institution of 
     higher education under this section may be used for the 
     following:
       (A) Curriculum or program development.
       (B) Faculty development.
       (C) Laboratory equipment or improvements.
       (D) Faculty research in language, analysis, science, 
     technical, or other fields that meet current or emerging 
     needs of the intelligence community as identified by the 
     Director of National Intelligence.
       (3) Reports.--An institution of higher education awarded a 
     grant under this section

[[Page 21765]]

     shall submit to the Director regular reports regarding the 
     use of such grant, including--
       (A) a description of the benefits to students who 
     participate in the course of study funded by such grant;
       (B) a description of the results and accomplishments 
     related to such course of study; and
       (C) any other information that the Director may require.
       (g) Application.--An individual or an institution of higher 
     education seeking a grant under this section shall submit an 
     application to the Director describing the proposed use of 
     the grant at such time and in such manner as the Director may 
     require.
       (h) Regulations.--The Director shall prescribe such 
     regulations as are necessary to carry out this section.
       (i) Repeal of Prior Programs.--
       (1) In general.--The following provisions are repealed:
       (A) Section 319 of Intelligence Authorization Act for 
     Fiscal Year 2004 (Public Law 108-177; 50 U.S.C. 403 note).
       (B) Section 1003 of the National Security Act of 1947 (50 
     U.S.C. 441g-2).
       (C) Section 922 of Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     50 U.S.C. 402 note).
       (2) Effect on prior agreements.--An agreement, contract, or 
     employment relationship that was in effect pursuant to a 
     provision repealed by subparagraph (A), (B), or (C) of 
     paragraph (1) prior to the date of the enactment of this Act 
     shall remain in effect unless all parties mutually agree to 
     amend, modify, or abrogate such agreement, contract, or 
     relationship.
       (3) Table of contents amendments.--
       (A) Intelligence authorization act for fiscal year 2004.--
     The Intelligence Authorization Act for Fiscal Year 2004 is 
     amended in the table of contents in section 1(b), by striking 
     the item relating to section 319.
       (B) Ronald w. reagan national defense authorization act for 
     fiscal year 2005.--The Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 1811) is amended--
       (i) in the table of contents in section 2(b), by striking 
     the item relating to section 922; and
       (ii) in title IV in the table of contents preceding 
     subtitle A, by striking the item relating to section 922.
       (j) Effect of Other Law.--The Director shall administer the 
     Intelligence Officer Training Program pursuant to the 
     provisions of chapter 63 of title 31, United States Code and 
     chapter 75 of such title, except that the Comptroller General 
     of the United States shall have no authority, duty, or 
     responsibility in matters related to this program.

     SEC. 314. REVIEW AND REPORT ON EDUCATION PROGRAMS.

       (a) Review.--
       (1) Requirement for review.--The Director of National 
     Intelligence shall review the programs described in paragraph 
     (2) to determine if such programs--
       (A) meet the needs of the intelligence community to 
     prepare, recruit, and retain a skilled and diverse workforce;
       (B) should be combined or otherwise integrated; and
       (C) constitute all the education programs carried out by 
     the Director of National Intelligence or the head of an 
     element of the intelligence community and, if not, whether 
     other such educational programs could be combined or 
     otherwise integrated with the programs described in paragraph 
     (2).
       (2) Programs described.--The programs described in this 
     paragraph are the following:
       (A) The Pat Roberts Intelligence Scholars Program carried 
     out under section 318 of the Intelligence Authorization Act 
     for Fiscal Year 2004 (50 U.S.C. 441g note), as amended by 
     section 311.
       (B) The Louis Stokes Educational Scholarship Program 
     carried out section 16 of the National Security Agency Act of 
     1959 (50 U.S.C. 402 note), as amended by section 312.
       (C) The education grant programs carried out under section 
     313.
       (D) Any other program that provides for education or 
     training of personnel of an element of the intelligence 
     community.
       (b) Report.--Not later than February 1, 2010, the Director 
     of National Intelligence shall submit to the congressional 
     intelligence committees a report on the results of the review 
     required by subsection (a).

                    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) Requirement for initial vulnerability assessments.--
     The Director of National Intelligence shall conduct an 
     initial vulnerability assessment for any major system and its 
     significant items of supply that is proposed for inclusion in 
     the National Intelligence Program prior to completion of 
     Milestone B or an equivalent acquisition decision. The 
     initial vulnerability assessment of a major system and its 
     significant items of supply shall include use of an analysis-
     based approach to--
       ``(A) identify vulnerabilities;
       ``(B) define exploitation potential;
       ``(C) examine the system's potential effectiveness;
       ``(D) determine overall vulnerability; and
       ``(E) make recommendations for risk reduction.
       ``(2) Limitation on obligation of funds.--For any major 
     system for which an initial vulnerability assessment is 
     required under paragraph (1) on the date of the enactment of 
     the Intelligence Authorization Act for Fiscal Year 2010, such 
     assessment shall be submitted to the congressional 
     intelligence committees within 180 days of such date of 
     enactment. If such assessment is not submitted to the 
     congressional intelligence committees within 180 days of such 
     date of enactment, funds appropriated for the acquisition of 
     the major system may not be obligated for a major contract 
     related to the major system. Such prohibition on the 
     obligation of funds for the acquisition of the major system 
     shall cease to apply at the end of the 30-day period of a 
     continuous session of Congress that begins on the date on 
     which Congress receives the initial vulnerability assessment.
       ``(b) Subsequent Vulnerability Assessments.--(1) The 
     Director of National Intelligence shall, periodically 
     throughout the life span of a major system or if the Director 
     determines that a change in circumstances warrants the 
     issuance of a subsequent vulnerability assessment, conduct a 
     subsequent vulnerability assessment of each major system and 
     its significant items of supply within the National 
     Intelligence Program.
       ``(2) Upon the request of a congressional intelligence 
     committee, the Director of National Intelligence may conduct 
     a subsequent vulnerability assessment of a particular major 
     system and its significant items of supply within the 
     National Intelligence Program.
       ``(3) Any subsequent vulnerability assessment of a major 
     system and its significant items of supply shall include use 
     of an analysis-based approach and, if applicable, a testing-
     based approach, to monitor the exploitation potential of such 
     system and reexamine the factors described in subparagraphs 
     (A) through (E) of subsection (a)(1).
       ``(c) Major System 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 vulnerability assessments of a major 
     system under subsection (b) when providing such committees 
     with the initial vulnerability assessment under subsection 
     (a) of such system as required by paragraph (1).
       ``(e) Definitions.--In this section:
       ``(1) The term `items of supply'--
       ``(A) means any individual part, component, subassembly, 
     assembly, or subsystem integral to a major system, and other 
     property which may be replaced during the service life of the 
     major system, including spare parts and replenishment parts; 
     and
       ``(B) does not include packaging or labeling associated 
     with shipment or identification of items.
       ``(2) The term `major system' has the meaning given that 
     term in section 506A(e).
       ``(3) The term `Milestone B' means a decision to enter into 
     system development and demonstration pursuant to guidance 
     prescribed by the Director of National Intelligence.
       ``(4) The term `vulnerability assessment' means the process 
     of identifying and quantifying vulnerabilities in a major 
     system and its significant items of supply.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947, as 
     amended by section 305 of this Act, is further amended by 
     inserting after the item relating to section 506B, as added 
     by section 305(b), the following:

``Sec. 506C. Vulnerability assessments of major systems.''.

       (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 to read as follows:
       ``(3) The term `major system' has the meaning given that 
     term in section 4 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403).''.

     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

[[Page 21766]]

     amended by sections 305 and 321 of this Act, is further 
     amended by inserting after section 506C, as added by section 
     321(a), the following new section:


        ``intelligence community business system transformation

       ``Sec. 506D.  (a) Limitation on Obligation of Funds.--(1) 
     After February 1, 2010, no funds appropriated to any element 
     of the intelligence community may be obligated for an 
     intelligence community business system transformation that 
     will have a total cost in excess of $1,000,000 unless--
       ``(A) the approval authority designated by the Director of 
     National Intelligence under subsection (c)(2) makes the 
     certification described in paragraph (2) with respect to the 
     intelligence community business system transformation; and
       ``(B) the certification is approved by the appropriate 
     authorities within the intelligence community business system 
     transformation governance structure identified in subsection 
     (f).
       ``(2) The certification described in this paragraph for an 
     intelligence community business system transformation is a 
     certification, made by the approval authority designated by 
     the Director under subsection (c)(2) that the intelligence 
     community business system transformation--
       ``(A) complies with the enterprise architecture under 
     subsection (b) and other Director of National Intelligence 
     policy and standards; or
       ``(B) is necessary--
       ``(i) to achieve a critical national security capability or 
     address a critical requirement in an area such as safety or 
     security; or
       ``(ii) to prevent a significant adverse effect on a project 
     that is needed to achieve an essential capability, taking 
     into consideration the alternative solutions for preventing 
     such adverse effect.
       ``(b) Enterprise Architecture for Intelligence Community 
     Business Systems.--(1) The Director of National Intelligence 
     shall, acting through the intelligence community business 
     system transformation governance structure identified in 
     subsection (f), develop and implement an enterprise 
     architecture to cover all intelligence community business 
     systems, and the functions and activities supported by such 
     business systems. The enterprise architecture shall be 
     sufficiently defined to effectively guide, constrain, and 
     permit implementation of interoperable intelligence community 
     business system solutions, consistent with applicable 
     policies and procedures established by the Director of the 
     Office of Management and Budget.
       ``(2) The enterprise architecture under paragraph (1) shall 
     include the following--
       ``(A) An information infrastructure that, at a minimum, 
     will enable the intelligence community to--
       ``(i) comply with all Federal accounting, financial 
     management, and reporting requirements;
       ``(ii) routinely produce timely, accurate, and reliable 
     financial information for management purposes;
       ``(iii) integrate budget, accounting, and program 
     information and systems; and
       ``(iv) provide for the measurement of performance, 
     including the ability to produce timely, relevant, and 
     reliable cost information.
       ``(B) Policies, procedures, data standards, and system 
     interface requirements that apply uniformly throughout the 
     intelligence community.
       ``(c) Responsibilities for Intelligence Community Business 
     System Transformation.--(1) The Director of National 
     Intelligence shall be responsible for the entire life cycle 
     of an intelligence community business system transformation, 
     to include review, approval, and oversight of the planning, 
     design, acquisition, deployment, operation, and maintenance 
     of the business system transformation.
       ``(2) The Director shall designate one or more appropriate 
     officials of the intelligence community to be responsible for 
     making certifications with respect to intelligence community 
     business system transformation under subsection (a)(2).
       ``(d) Intelligence Community Business System Investment 
     Review.--(1) The approval authority designated under 
     subsection (c)(2) shall establish and implement, not later 
     than February 1, 2010, an investment review process for the 
     intelligence community business systems for which the 
     approval authority is responsible.
       ``(2) The investment review process under paragraph (1) 
     shall--
       ``(A) meet the requirements of section 11312 of title 40, 
     United States Code; and
       ``(B) specifically set forth the responsibilities of the 
     approval authority under such review process.
       ``(3) The investment review process under paragraph (1) 
     shall include the following elements:
       ``(A) Review and approval by an investment review board 
     (consisting of appropriate representatives of the 
     intelligence community) of each intelligence community 
     business system as an investment before the obligation of 
     funds for such system.
       ``(B) Periodic review, but not less often than annually, of 
     every intelligence community business system investment.
       ``(C) Thresholds for levels of review to ensure appropriate 
     review of intelligence community business system investments 
     depending on the scope, complexity, and cost of the system 
     involved.
       ``(D) Procedures for making certifications in accordance 
     with the requirements of subsection (a)(2).
       ``(e) Budget 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) For each such system, identification of approval 
     authority designated for such system under subsection (c)(2).
       ``(4) The certification, if any, made under subsection 
     (a)(2) with respect to each such system.
       ``(f) Intelligence Community Business System Transformation 
     Governance Board.--
       ``(1) The Director of National Intelligence shall establish 
     a board within the intelligence community business system 
     transformation governance structure (in this subsection 
     referred to as the `Board').
       ``(2) The Board shall--
       ``(A) recommend to the Director policies and procedures 
     necessary to effectively integrate all business activities 
     and any transformation, reform, reorganization, or process 
     improvement initiatives under taken within the intelligence 
     community;
       ``(B) review and approve any major update of--
       ``(i) the enterprise architecture developed under 
     subsection (b); and
       ``(ii) any plans for an intelligence community business 
     systems modernization;
       ``(C) manage cross-domain integration consistent with such 
     enterprise architecture;
       ``(D) be responsible for coordinating initiatives for 
     intelligence community business system transformation to 
     maximize benefits and minimize costs for the intelligence 
     community, and periodically report to the Director on the 
     status of efforts to carry out an intelligence community 
     business system transformation;
       ``(E) ensure that funds are obligated for intelligence 
     community business system transformation in a manner 
     consistent with subsection (a); and
       ``(F) carry out such other duties as the Director shall 
     specify.
       ``(g) Relation to Annual Registration 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, or the amendments 
     made by this section, shall be construed to exempt funds 
     authorized to be appropriated to the Department of Defense 
     from the requirements of section 2222 of title 10, United 
     States Code, to the extent that such requirements are 
     otherwise applicable.
       ``(i) Relation to Clinger-Cohen Act.--(1) Executive agency 
     responsibilities in chapter 113 of title 40, United States 
     Code, for any intelligence community business system 
     transformation shall be exercised jointly by--
       ``(A) the Director of National Intelligence and the Chief 
     Information Officer of the Intelligence Community; and
       ``(B) the head of the executive agency that contains the 
     element of the intelligence community involved and the chief 
     information officer of that executive agency.
       ``(2) The Director of National Intelligence and the head of 
     the executive agency shall enter a Memorandum of 
     Understanding to carry out the requirements of this section 
     in a manner that best meets the needs of the intelligence 
     community and the executive agency.
       ``(j) Reports.--Not later than March 15 of each of the 
     years 2011 through 2015, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on the compliance of the intelligence 
     community with the requirements of this section. Each such 
     report shall--
       ``(1) describe actions taken and proposed for meeting the 
     requirements of subsection (a), including--
       ``(A) specific milestones and actual performance against 
     specified performance measures, and any revision of such 
     milestones and performance measures; and
       ``(B) specific actions on the intelligence community 
     business system transformations submitted for certification 
     under such subsection; and
       ``(2) identify the number of intelligence community 
     business system transformations

[[Page 21767]]

     that received a certification described in subsection 
     (a)(2)(B); and
       ``(3) describe specific improvements in business operations 
     and cost savings resulting from successful intelligence 
     community business systems transformation efforts.
       ``(k) Definitions.--In this section:
       ``(1) Enterprise architecture.--The term `enterprise 
     architecture' has the meaning given that term in section 
     3601(4) of title 44, United States Code.
       ``(2) Information system; information technology.--The 
     terms `information system' and `information technology' have 
     the meanings given those terms in section 11101 of title 40, 
     United States Code.
       ``(3) Intelligence community business system.--The term 
     `intelligence community business system' means an information 
     system, including national security systems, that are 
     operated by, for, or on behalf of the intelligence community 
     or elements of the intelligence community as defined by law 
     and Executive Order, including financial systems, mixed 
     systems, financial data feeder systems, and the business 
     infrastructure capabilities shared by the systems of the 
     business enterprise architecture, including people, process, 
     and technology, that build upon the core infrastructure used 
     to support business activities, such as acquisition, 
     financial management, logistics, strategic planning and 
     budgeting, installations and environment, and human resource 
     management.
       ``(4) Intelligence community business system 
     transformation.--The term `intelligence community business 
     system transformation' means--
       ``(A) the acquisition or development of a new intelligence 
     community business system; or
       ``(B) any significant modification or enhancement of an 
     existing intelligence community business system (other than 
     necessary to maintain current services).
       ``(5) National security system.--The term `national 
     security system' has the meaning given that term in section 
     3542 of title 44, United States Code.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of that Act, as amended by sections 305 and 
     321 of this Act, is further amended by inserting after the 
     item relating to section 506C, as added by section 321(a)(2), 
     the following new item:

``Sec. 506D. Intelligence community business systems transformation.''.

       (b) Implementation.--
       (1) Certain duties.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall--
       (A) complete the delegation of responsibility for the 
     review, approval, and oversight of intelligence community 
     business systems required by subsection (c) of section 506D 
     of the National Security Act of 1947 (as added by subsection 
     (a)); and
       (B) designate a chairman and personnel to serve on the 
     appropriate intelligence community business system 
     transformation governance board established under subsection 
     (f) of such section 506D (as so added).
       (2) Enterprise architecture.--
       (A) Schedule for development.--The Director shall develop 
     the enterprise architecture required by subsection (b) of 
     such section 506D (as so added) to include the initial 
     Business Enterprise Architecture for business transformation 
     by December 31, 2009.
       (B) Requirement for implementation 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, 
     2009, that will not be a part of such enterprise 
     architecture, together with the schedule for the phased 
     termination of the utilization of any such systems.
       (iii) An identification of the intelligence community 
     business systems in operation or planned as of September 30, 
     2009, that will be a part of such enterprise architecture, 
     together with a strategy for modifying such systems to ensure 
     that such systems comply with such enterprise architecture.
       (C) Submission of acquisition 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 December 
     31, 2009.

     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 sections 305, 
     321, and 322 of this Act, is further amended by inserting 
     after section 506D, as added by section 322(a)(1), the 
     following new section:


             ``reports on the acquisition of major systems

       ``Sec. 506E.  (a) Annual Reports Required.--(1) The 
     Director of National Intelligence shall submit to the 
     congressional intelligence committees each year, at the same 
     time the budget of the President for the fiscal year 
     beginning in such year is submitted to Congress pursuant to 
     section 1105 of title 31, United States Code, a separate 
     report on each acquisition of a major system by an element of 
     the intelligence community.
       ``(2) Each report under this section shall be known as a 
     `Report on the Acquisition of Major Systems'.
       ``(b) Elements.--Each report under this section shall 
     include, for the acquisition of a major system, information 
     on the following:
       ``(1) The current total acquisition cost for such system, 
     and the history of such cost from the date the system was 
     first included in a report under this section to the end of 
     the fiscal year immediately preceding the submission of the 
     report under this section.
       ``(2) The current development schedule for the system, 
     including an estimate of annual development costs until 
     development is completed.
       ``(3) The planned procurement schedule for the system, 
     including the best estimate of the Director of National 
     Intelligence of the annual costs and units to be procured 
     until procurement is completed.
       ``(4) A full life-cycle cost analysis for such system.
       ``(5) The result of any significant test and evaluation of 
     such major system as of the date of the submission of such 
     report, or, if a significant test and evaluation has not been 
     conducted, a statement of the reasons therefor and the 
     results of any other test and evaluation that has been 
     conducted of such system.
       ``(6) The reasons for any change in acquisition cost, or 
     schedule, for such system from the previous report under this 
     section, if applicable.
       ``(7) The major contracts or subcontracts related to the 
     major system.
       ``(8) If there is any cost or schedule variance under a 
     contract referred to in paragraph (7) since the previous 
     report under this section, the reasons for such cost or 
     schedule variance.
       ``(c) Determination of Increase in Costs.--Any 
     determination of a percentage increase in the acquisition 
     costs of a major system for which a report is filed under 
     this section shall be stated in terms of constant dollars 
     from the first fiscal year in which funds are appropriated 
     for such contract.
       ``(d) Submission to the Congressional Armed Services 
     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 shall submit that portion of the 
     report, and any associated material that is necessary to make 
     that portion understandable, to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives.
       ``(e) Definitions.--In this section:
       ``(1) The term `acquisition cost', with respect to a major 
     system, means the amount equal to the total cost for 
     development and procurement of, and system-specific 
     construction for, such system.
       ``(2) The term `full life-cycle cost', with respect to the 
     acquisition of a major system, means all costs of 
     development, procurement, construction, deployment, and 
     operation and support for such program, without regard to 
     funding source or management control, including costs of 
     development and procurement required to support or utilize 
     such system.
       ``(3) The term `major contract,' with respect to a major 
     system acquisition, means each of the 6 largest prime, 
     associate, or government-furnished equipment contracts under 
     the program that is in excess of $40,000,000 and that is not 
     a firm, fixed price contract.
       ``(4) The term `major system' has the meaning given that 
     term in section 506A(e).
       ``(5) The term `significant test and evaluation' means the 
     functional or environmental testing of a major system or of 
     the subsystems that combine to create a major system.''.
       (2) Applicability date.--The first report required to be 
     submitted under section 506E(a) of the National Security Act 
     of 1947, as added by paragraph (1), shall be submitted with 
     the budget for fiscal year 2011 submitted by the President 
     under section 1105 of title 31, United States Code.
       (3) Table of contents amendment.--The table of contents in 
     the first section of that Act, as amended by sections 305, 
     321, and 322 of this Act, is further amended by inserting 
     after the item relating to section 506D, as added by section 
     322(a)(2), the following new item:

``Sec. 506E. Reports on the acquisition of major systems.''.

       (b) Major Defense Acquisition 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.

[[Page 21768]]



     SEC. 324. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.

       (a) Notification.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), as amended by sections 305, 
     321, 322, and 323 of this Act, is further amended by 
     inserting after section 506E, as added by section 323(a), the 
     following new section:

                ``excessive cost growth of major systems

       ``Sec. 506F.  (a) Cost Increases of at Least 25 Percent.--
     (1)(A) On a continuing basis, and separate from the 
     submission of any report on a major system required by 
     section 506E of this Act, the program manager shall determine 
     if the acquisition cost of such major system has increased by 
     at least 25 percent as compared to the baseline cost of such 
     major system.
       ``(B) Not later than 10 days after the date that a program 
     manager determines that an increase described in subparagraph 
     (A) has occurred, the program manager shall submit to the 
     Director of National Intelligence notification of such 
     increase.
       ``(2)(A) If, after receiving a notification described in 
     paragraph (1)(B), the Director of National Intelligence 
     determines that the acquisition cost of a major system has 
     increased by at least 25 percent, the Director shall submit 
     to the congressional intelligence committees a written 
     notification of such determination as described in 
     subparagraph (B), a description of the amount of the increase 
     in the acquisition cost of such major system, and a 
     certification as described in subparagraph (C).
       ``(B) The notification required by subparagraph (A) shall 
     include--
       ``(i) an updated cost estimate;
       ``(ii) the date on which the determination covered by such 
     notification was made;
       ``(iii) contract performance assessment information with 
     respect to each significant contract or sub-contract related 
     to such major system, including the name of the contractor, 
     the phase of the contract at the time of the report, the 
     percentage of work under the contract that has been 
     completed, any change in contract cost, the percentage by 
     which the contract is currently ahead or behind schedule, and 
     a summary explanation of significant occurrences, such as 
     cost and schedule variances, and the effect of such 
     occurrences on future costs and schedules;
       ``(iv) the prior estimate of the full life-cycle cost for 
     such major system, expressed in constant dollars and in 
     current year dollars;
       ``(v) the current estimated full life-cycle cost of such 
     major system, expressed in constant dollars and current year 
     dollars;
       ``(vi) a statement of the reasons for any increases in the 
     full life-cycle cost of such major system;
       ``(vii) the current change and the total change, in dollars 
     and expressed as a percentage, in the full life-cycle cost 
     applicable to such major system, stated both in constant 
     dollars and current year dollars;
       ``(viii) the completion status of such major system 
     expressed as the percentage--
       ``(I) of the total number of years for which funds have 
     been appropriated for such major system compared to the 
     number of years for which it is planned that such funds will 
     be appropriated; and
       ``(II) of the amount of funds that have been appropriated 
     for such major system compared to the total amount of such 
     funds which it is planned will be appropriated;
       ``(ix) the action taken and proposed to be taken to control 
     future cost growth of such major system; and
       ``(x) any changes made in the performance or schedule of 
     such major system and the extent to which such changes have 
     contributed to the increase in full life-cycle costs of such 
     major system.
       ``(C) The certification described in this subparagraph is a 
     written certification made by the Director and submitted to 
     the congressional intelligence committees that--
       ``(i) the acquisition of such major system is essential to 
     the national security;
       ``(ii) there are no alternatives to such major system that 
     will provide equal or greater intelligence capability at 
     equal or lesser cost to completion;
       ``(iii) the new estimates of the full life-cycle cost for 
     such major system are reasonable; and
       ``(iv) the management structure for the acquisition of such 
     major system is adequate to manage and control full life-
     cycle cost of such major system.
       ``(b) Cost Increases of at Least 50 Percent.--(1)(A) On a 
     continuing basis, and separate from the submission of any 
     report on a major system required by section 506E of this 
     Act, the program manager shall determine if the acquisition 
     cost of such major system has increased by at least 50 
     percent as compared to the baseline cost of such major 
     system.
       ``(B) Not later than 10 days after the date that a program 
     manager determines that an increase described in subparagraph 
     (A) has occurred, the program manager shall submit to the 
     Director of National Intelligence notification of such 
     increase.
       ``(2) If, after receiving a notification described in 
     paragraph (1)(B), the Director of National Intelligence 
     determines that the acquisition cost of a major system has 
     increased by at least 50 percent as compared to the baseline 
     cost of such major system, the Director shall submit to the 
     congressional intelligence committees a written certification 
     stating that--
       ``(A) the acquisition of such major system is essential to 
     the national security;
       ``(B) there are no alternatives to such major system that 
     will provide equal or greater intelligence capability at 
     equal or lesser cost to completion;
       ``(C) the new estimates of the full life-cycle cost for 
     such major system are reasonable; and
       ``(D) the management structure for the acquisition of such 
     major system is adequate to manage and control the full life-
     cycle cost of such major system.
       ``(3) In addition to the certification required by 
     paragraph (2), the Director of National Intelligence shall 
     submit to the congressional intelligence committees an 
     updated notification, with current accompanying information, 
     as required by subsection (a)(2).
       ``(c) Prohibition on Obligation of Funds.--(1) If a written 
     certification required under subsection (a)(2)(A) is not 
     submitted to the congressional intelligence committees within 
     90 days of the notification made under subsection (a)(1)(B), 
     funds appropriated for the acquisition of a major system may 
     not be obligated for a major contract under the program. Such 
     prohibition on the obligation of funds shall cease to apply 
     at the end of the 30-day period of a continuous session of 
     Congress that begins on the date on which Congress receives 
     the notification required under subsection (a)(2).
       ``(2) If a written certification required under subsection 
     (b)(2) is not submitted to the congressional intelligence 
     committees within 90 days of the notification made under 
     subsection (b)(1)(B), funds appropriated for the acquisition 
     of a major system may not be obligated for a major contract 
     under the program. Such prohibition on the obligation of 
     funds for the acquisition of a major system shall cease to 
     apply at the end of the 30-day period of a continuous session 
     of Congress that begins on the date on which Congress 
     receives the notification required under subsection (b)(3).
       ``(d) Initial Certifications.--Notwithstanding subsection 
     (c), for any major system for which a written certification 
     is required under either subsection (a)(2) or (b)(2) on the 
     date of the enactment of the Intelligence Authorization Act 
     for Fiscal Year 2010, such written certification shall be 
     submitted to the congressional intelligence committees within 
     180 days of such date of enactment. If such written 
     certification is not submitted to the congressional 
     intelligence committees within 180 days of such date of 
     enactment, funds appropriated for the acquisition of a major 
     system may not be obligated for a major contract under the 
     program. Such prohibition on the obligation of funds for the 
     acquisition of a major system shall cease to apply at the end 
     of the 30-day period of a continuous session of Congress that 
     begins on the date on which Congress receives the 
     notification required under subsection (a)(2) or (b)(3).
       ``(e) Submission to the Congressional Armed Services 
     Committees.--To the extent that a submission required to be 
     made to the congressional intelligence committees under this 
     section addresses an element of the intelligence community 
     within the Department of Defense, the Director of National 
     Intelligence shall submit that portion of the submission, and 
     any associated material that is necessary to make that 
     portion understandable, to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives.
       ``(f) Definitions.--In this section:
       ``(1) The term `acquisition cost' has the meaning given 
     that term in section 506E(d).
       ``(2) The term `baseline cost', with respect to a major 
     system, means the projected acquisition cost of such system 
     that is approved by the Director of National Intelligence at 
     Milestone B or an equivalent acquisition decision for the 
     development, procurement, and construction of such system. 
     The baseline cost may be in the form of an independent cost 
     estimate.
       ``(3) The term `cost estimate'--
       ``(A) means an assessment and quantification of all costs 
     and risks associated with the acquisition of a major system 
     based upon reasonably available information at the time a 
     written certification is required under either subsection 
     (a)(2) or (b)(2); and
       ``(B) does not mean an `independent cost estimate'.
       ``(4) The term `full life-cycle cost' has the meaning given 
     that term in section 506E(d).
       ``(5) The term `independent cost estimate' has the meaning 
     given that term in section 506A(e).
       ``(6) The term `major system' has the meaning given that 
     term in section 506A(e).
       ``(7) The term `Milestone B' means a decision to enter into 
     system development and demonstration pursuant to guidance 
     prescribed by the Director of National Intelligence.
       ``(8) The term `program manager', with respect to a major 
     system, means--
       ``(A) the head of the element of the intelligence community 
     which is responsible for the budget, cost, schedule, and 
     performance of the major system; or

[[Page 21769]]

       ``(B) in the case of a major system within the Office of 
     the Director of National Intelligence, the deputy who is 
     responsible for the budget, cost, schedule, and performance 
     of the major system.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of that Act, as amended by sections 305, 
     321, 322, and 323 of this Act, is further amended by 
     inserting after the items relating to section 506E, as added 
     by section 323(a)(3), the following new item:

``Sec. 506F. Excessive cost growth of major systems.''.

     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 sections 305, 
     321, 322, 323, and 324 of this Act, is further amended by 
     inserting after section 506F, as added by section 324(a), the 
     following new section:


                      ``future budget projections

       ``Sec. 506G.  (a) Future Year Intelligence Plans.--(1) The 
     Director of National Intelligence, with the concurrence of 
     the Office of Management and Budget, shall provide to the 
     congressional intelligence committees a Future Year 
     Intelligence Plan, as described in paragraph (2), for--
       ``(A) each expenditure center in the National Intelligence 
     Program; and
       ``(B) each major system in the National Intelligence 
     Program.
       ``(2)(A) A Future Year Intelligence Plan submitted under 
     this subsection shall include the year-by-year proposed 
     funding for each center or system referred to in subparagraph 
     (A) or (B) of paragraph (1), for the budget year for which 
     the Plan is submitted and not less than the 4 subsequent 
     budget years.
       ``(B) A Future Year Intelligence Plan submitted under 
     subparagraph (B) of paragraph (1) for a major system shall 
     include--
       ``(i) the estimated total life-cycle cost of such major 
     system; and
       ``(ii) any major acquisition or programmatic milestones for 
     such major system.
       ``(b) Long-term Budget Projections.--(1) The Director of 
     National Intelligence, with the concurrence of the Director 
     of the Office of Management and Budget, shall provide to the 
     congressional intelligence committees a Long-term Budget 
     Projection for each element of the National Intelligence 
     Program acquiring a major system that includes the budget for 
     such element for the 5-year period following the last budget 
     year for which proposed funding was submitted under 
     subsection (a)(2)(A).
       ``(2) A Long-term Budget Projection submitted under 
     paragraph (1) shall include projections for the appropriate 
     element of the intelligence community for--
       ``(A) pay and benefits of officers and employees of such 
     element;
       ``(B) other operating and support costs and minor 
     acquisitions of such element;
       ``(C) research and technology required by such element;
       ``(D) current and planned major system acquisitions for 
     such element; and
       ``(E) any unplanned but necessary next-generation major 
     system acquisitions for such element.
       ``(c) Submission to Congress.--Each Future Year 
     Intelligence Plan or Long-term Budget Projection required 
     under subsection (a) or (b) shall be submitted to Congress 
     along with the budget for a fiscal year submitted to Congress 
     by the President pursuant to section 1105 of title 31, United 
     States Code.
       ``(d) Content of Long-term Budget Projections.--(1) Each 
     Long-term Budget Projection submitted under subsection (b) 
     shall include--
       ``(A) a budget projection based on constrained budgets, 
     effective cost and schedule execution of current or planned 
     major system acquisitions, and modest or no cost-growth for 
     undefined, next-generation systems; and
       ``(B) a budget projection based on constrained budgets, 
     modest cost increases in executing current and planned 
     programs, and more costly next-generation systems.
       ``(2) Each budget projection required by paragraph (1) 
     shall include a description of whether, and to what extent, 
     the total projection for each year exceeds the level that 
     would result from applying the most recent Office of 
     Management and Budget inflation estimate to the budget of 
     that element of the intelligence community.
       ``(e) New Major System Affordability Report.--(1) Beginning 
     on February 1, 2010, not later than 30 days prior to the date 
     that an element of the intelligence community may proceed to 
     Milestone A, Milestone B, or an analogous stage of system 
     development, in the acquisition of a major system in the 
     National Intelligence Program, the Director of National 
     Intelligence, with the concurrence of the Director of the 
     Office of Management and Budget, shall provide a report on 
     such major system to the congressional intelligence 
     committees.
       ``(2)(A) A report submitted under paragraph (1) shall 
     include an assessment of whether, and to what extent, such 
     acquisition, if developed, procured, and operated, is 
     projected to cause an increase in the most recent Future Year 
     Intelligence Plan and Long-term Budget Projection for that 
     element of the intelligence community.
       ``(B) If an increase is projected under subparagraph (A), 
     the report required by this subsection shall include a 
     specific finding, and the reasons therefor, by the Director 
     of National Intelligence and the Director of the Office of 
     Management and Budget that such increase is necessary for 
     national security.
       ``(f) Definitions.--In this section:
       ``(1) The term `major system' has the meaning given that 
     term in section 506A(e).
       ``(2) The term `Milestone A' means a decision to enter into 
     concept refinement and technology maturity demonstration 
     pursuant to guidance issued by the Director of National 
     Intelligence.
       ``(3) The term `Milestone B' means a decision to enter into 
     system development, integration, and demonstration pursuant 
     to guidance prescribed by the Director of National 
     Intelligence.''.
       (b) Applicability Date.--The first Future Year Intelligence 
     Plan or Long-term Budget Projection required to be submitted 
     under subsection (a) or (b) of section 506G of the National 
     Security Act of 1947, as added by subsection (a), shall be 
     submitted with the budget for fiscal year 2011 submitted by 
     the President under section 1105 of title 31, United States 
     Code.
       (c) Table of Contents Amendment.--The table of contents in 
     the first section of that Act, as amended by sections 305, 
     321, 322, 323, and 324 of this Act, is further amended by 
     inserting after the items relating to section 506F, as added 
     by section 324(b), the following new item:

``Sec. 506G. Future budget projections.''.

     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:
       ``(4)(A) In addition to the authority referred to in 
     paragraph (1), the Director of National Intelligence may 
     authorize the head of an element of the intelligence 
     community to exercise an acquisition authority referred to in 
     section 3 or 8(a) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by such 
     element that is more than 50 percent funded by the National 
     Intelligence Program.
       ``(B) The head of an element of the intelligence community 
     may not exercise an authority referred to in subparagraph (A) 
     until--
       ``(i) the head of such element (without delegation) submits 
     to the Director of National Intelligence a written request 
     that includes--
       ``(I) a description of such authority requested to be 
     exercised;
       ``(II) an explanation of the need for such authority, 
     including an explanation of the reasons that other 
     authorities are insufficient; and
       ``(III) a certification that the mission of such element 
     would be--
       ``(aa) impaired if such authority is not exercised; or
       ``(bb) significantly and measurably enhanced if such 
     authority is exercised; and
       ``(ii) the Director of National Intelligence or the 
     Principal Deputy Director of National Intelligence or a 
     Deputy Director of National Intelligence designated by the 
     Director or the Principal Director issues a written 
     authorization that includes--
       ``(I) a description of the authority referred to in 
     subparagraph (A) that is authorized to be exercised; and
       ``(II) a justification to support the exercise of such 
     authority.
       ``(C) A request and authorization to exercise an authority 
     referred to in subparagraph (A) may be made with respect to 
     individual acquisitions or with respect to a specific class 
     of acquisitions described in the request and authorization 
     referred to in subparagraph (B).
       ``(D)(i) A request from a head of an element of the 
     intelligence community located within one of the departments 
     described in clause (ii) to exercise an authority referred to 
     in subparagraph (A) shall be transmitted to the Director of 
     National Intelligence in accordance with any procedures 
     established by the head of such department.
       ``(ii) The departments described in this clause are the 
     Department of Defense, the Department of Energy, the 
     Department of Homeland Security, the Department of Justice, 
     the Department of State, and the Department of the Treasury.
       ``(E)(i) The head of an element of the intelligence 
     community may not be authorized to utilize an authority 
     referred to in subparagraph (A) for a class of acquisitions 
     for a period of more than 3 years, except that the Director 
     of National Intelligence may authorize the use of such an 
     authority for not more than 6 years.
       ``(ii) Each such authorizations may be extended for 
     successive 3- or 6-year periods, in accordance with 
     requirements of subparagraph (B).
       ``(F) The Director of National Intelligence shall submit--
       ``(i) to the congressional intelligence committees a 
     notification of an authorization to exercise an authority 
     referred to in subparagraph (A) or an extension of such 
     authorization that includes the written authorization 
     referred to in subparagraph (B)(ii); and
       ``(ii) to the Director of the Office of Management and 
     Budget a notification of an authorization to exercise an 
     authority referred

[[Page 21770]]

     to in subparagraph (A) for an acquisition or class of 
     acquisitions that will exceed $50,000,000 annually.
       ``(G) Requests and authorizations to exercise an authority 
     referred to in subparagraph (A) shall remain available within 
     the Office of the Director of National Intelligence for a 
     period of at least 6 years following the date of such request 
     or authorization.
       ``(H) Nothing in this paragraph may be construed to alter 
     or otherwise limit the authority of the Central Intelligence 
     Agency to independently exercise an authority under section 3 
     or 8(a) of the Central Intelligence Agency Act of 1949 (50 
     U.S.C. 403c and 403j(a)).''.

        Subtitle D--Congressional Oversight, Plans, and Reports

     SEC. 331. GENERAL CONGRESSIONAL OVERSIGHT.

       Section 501(a) of the National Security Act of 1947 (50 
     U.S.C. 413(a)) is amended by inserting at the end the 
     following:
       ``(3) There shall be no exception to the requirements in 
     this title to inform the congressional intelligence 
     committees of all intelligence activities and covert 
     actions.''.

     SEC. 332. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING 
                   INTELLIGENCE ACTIVITIES OF THE UNITED STATES.

       (a) Notice on Information Not Disclosed.--
       (1) In general.--Section 502 of the National Security Act 
     of 1947 (50 U.S.C. 413a) is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following:
       ``(b) Notice on Information Not Disclosed.--(1) If the 
     Director of National Intelligence or the head of a 
     department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (a) in full or to all the members of the 
     congressional intelligence committees and requests that such 
     information not be so provided, the Director shall, in a 
     timely fashion, notify such committees of the determination 
     not to provide such information in full or to all members of 
     such committees. Such notice shall--
       ``(A) be submitted in writing in a classified form;
       ``(B) include--
       ``(i) a statement of the reasons for such determination; 
     and
       ``(ii) a description that provides the main features of the 
     intelligence activities covered by such determination; and
       ``(C) contain no restriction on access to such notice by 
     all members of the committee.
       ``(2) Nothing in this subsection shall be construed as 
     authorizing less than full and current disclosure to all the 
     members of the congressional intelligence committees of any 
     information necessary to keep all such members fully and 
     currently informed on all intelligence activities described 
     in subsection (a).''.
       (2) Conforming amendment.--Subsection (d) of such section, 
     as redesignated by paragraph (1)(A) of this subsection, is 
     amended by striking ``subsection (b)'' and inserting 
     ``subsections (b) and (c)''.
       (b) Reports and Notice on Covert Actions.--
       (1) Form and content of certain reports.--Subsection (b) of 
     section 503 of such Act (50 U.S.C. 413b) is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by inserting ``(1)'' after ``(b)''; and
       (C) by adding at the end the following:
       ``(2) Any information relating to a covert action that is 
     submitted to the congressional intelligence committees for 
     the purposes of paragraph (1) shall be in writing and shall 
     contain the following:
       ``(A) A concise statement of any facts pertinent to such 
     covert action.
       ``(B) An explanation of the significance of such covert 
     action.''.
       (2) Notice on information not disclosed.--Subsection (c) of 
     such section is amended by adding at the end the following:
       ``(5) If the Director of National Intelligence or the head 
     of a department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (b) in full or to all the members of the 
     congressional intelligence committees, and requests that such 
     information not be so provided, the Director shall, in a 
     timely fashion, notify such committees of the determination 
     not to provide such information in full or to all members of 
     such committees. Such notice shall--
       ``(A) be submitted in writing in a classified form;
       ``(B) include--
       ``(i) a statement of the reasons for such determination; 
     and
       ``(ii) a description that provides the main features of the 
     covert action covered by such determination; and
       ``(C) contain no restriction on access to such notice by 
     all members of the committee.''.
       (3) Modification of nature of change of covert action 
     triggering notice requirements.--Subsection (d) of such 
     section is amended by striking ``significant'' the first 
     place that term appears.

     SEC. 333. REQUIREMENT TO PROVIDE LEGAL AUTHORITY FOR 
                   INTELLIGENCE ACTIVITIES.

       (a) General Intelligence Activities.--Section 501(a) of the 
     National Security Act of 1947 (50 U.S.C.413(a)), as amended 
     by section 331, is further amended by adding at the end the 
     following:
       ``(4) In carrying out paragraph (1), the President shall 
     provide to the congressional intelligence committees the 
     legal authority under which the intelligence activity is or 
     was conducted.''.
       (b) Actions Other Than Covert Actions.--Section 502(a)(2) 
     of the National Security Act of 1947 (50 U.S.C. 413a(a)(2)) 
     is amended by striking ``activities,'' and inserting 
     ``activities (including the legal authority under which an 
     intelligence activity is or was conducted),''.
       (c) Covert Actions.--Paragraph (1)(B) of section 503(b) of 
     the National Security Act of 1947 (50 U.S.C. 413b(b)), as 
     redesignated by section 332 (b)(1), is amended by inserting 
     ``(including the legal authority under which a covert action 
     is or was conducted)'' after ``concerning covert actions''.

     SEC. 334. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   INTELLIGENCE AND INTELLIGENCE-RELATED 
                   ACTIVITIES.

       Section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``the congressional intelligence committees 
     have been fully and currently informed of such activity and 
     if'' after ``only if'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) In any case in which notice to the congressional 
     intelligence committees of an intelligence or intelligence-
     related activity is covered by section 502(b), or in which 
     notice to the congressional intelligence committees on a 
     covert action is covered by section 503(c)(5), the 
     congressional intelligence committees shall be treated as 
     being fully and currently informed on such activity or covert 
     action, as the case may be, for purposes of subsection (a) if 
     the requirements of such section 502(b) or 503(c)(5), as 
     applicable, have been met.''.

     SEC. 335. AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT 
                   ACCOUNTABILITY OFFICE.

       (a) In General.--Chapter 35 of title 31, United States 
     Code, is amended by inserting after section 3523 the 
     following:

     ``Sec. 3523A. Audits of intelligence community by Government 
       Accountability Office

       ``(a) In this section, the term `intelligence community' 
     has the meaning given that term in section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 401a(4)).
       ``(b) Congress finds that--
       ``(1) the authority of the Comptroller General to perform 
     audits and evaluations of financial transactions, programs, 
     and activities of elements of the intelligence community 
     under sections 712, 717, 3523, and 3524, and to obtain access 
     to records for purposes of such audits and evaluations under 
     section 716, is reaffirmed for matters referred to in 
     paragraph (2); and
       ``(2) such audits and evaluations may be requested by a 
     congressional committee of jurisdiction (such as the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives), and may include matters relating to the 
     management and administration of elements of the intelligence 
     community in areas such as strategic planning, financial 
     management, information technology, human capital, knowledge 
     management, and information sharing.
       ``(c)(1) The Comptroller General may conduct an audit or 
     evaluation involving intelligence sources and methods or 
     covert actions only upon request of the Select Committee on 
     Intelligence of the Senate or the Permanent Select Committee 
     on Intelligence of the House of Representatives.
       ``(2)(A) Whenever the Comptroller General conducts an audit 
     or evaluation under paragraph (1), the Comptroller General 
     shall provide the results of such audit or evaluation only to 
     the Select Committee on Intelligence of the Senate, the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives, the Director of National Intelligence, and 
     the head of the relevant element of the intelligence 
     community.
       ``(B) The Comptroller General may only provide information 
     obtained in the course of an audit or evaluation under 
     paragraph (1) to the Select Committee on Intelligence of the 
     Senate, the Permanent Select Committee on Intelligence of the 
     House of Representatives, the Director of National 
     Intelligence, and the head of the relevant element of the 
     intelligence community.
       ``(3)(A) Notwithstanding any other provision of law, the 
     Comptroller General may inspect records of any element of the 
     intelligence community relating to intelligence sources and 
     methods, or covert actions in order to conduct audits and 
     evaluations under paragraph (1).
       ``(B) If, in the conduct of an audit or evaluation under 
     paragraph (1), an agency record is not made available to the 
     Comptroller General in accordance with section 716, the

[[Page 21771]]

     Comptroller General shall consult with the original requestor 
     before filing a report under subsection (b)(1) of such 
     section.
       ``(4)(A) The Comptroller General shall maintain the same 
     level of confidentiality for a record made available for 
     conducting an audit under paragraph (1) as is required of the 
     head of the element of the intelligence community from which 
     it is obtained. Officers and employees of the Government 
     Accountability Office are subject to the same statutory 
     penalties for unauthorized disclosure or use as officers or 
     employees of the intelligence community element that provided 
     the Comptroller General or officers and employees of the 
     Government Accountability Office with access to such records.
       ``(B) All workpapers of the Comptroller General and all 
     records and property of any element of the intelligence 
     community that the Comptroller General uses during an audit 
     or evaluation under paragraph (1) shall remain in facilities 
     provided by that element of the intelligence community. 
     Elements of the intelligence community shall give the 
     Comptroller General suitable and secure offices and 
     furniture, telephones, and access to copying facilities, for 
     purposes of audits and evaluations under paragraph (1).
       ``(C) After consultation with the Select Committee on 
     Intelligence of the Senate and with the Permanent Select 
     Committee on Intelligence of the House of Representatives, 
     the Comptroller General shall establish procedures to protect 
     from unauthorized disclosure all classified and other 
     sensitive information furnished to the Comptroller General or 
     any representative of the Comptroller General for conducting 
     an audit or evaluation under paragraph (1).
       ``(D) Before initiating an audit or evaluation under 
     paragraph (1), the Comptroller General shall provide the 
     Director of National Intelligence and the head of the 
     relevant element with the name of each officer and employee 
     of the Government Accountability Office who has obtained 
     appropriate security clearance and to whom, upon proper 
     identification, records, and information of the element of 
     the intelligence community shall be made available in 
     conducting the audit or evaluation.
       ``(d) Elements of the intelligence community shall 
     cooperate fully with the Comptroller General and provide 
     timely responses to Comptroller General requests for 
     documentation and information made pursuant to this section.
       ``(e) With the exception of the types of audits and 
     evaluations specified in subsection (c)(1), nothing in this 
     section or any other provision of law shall be construed as 
     restricting or limiting the authority of the Comptroller 
     General to audit, evaluate, or obtain access to the records 
     of elements of the intelligence community absent specific 
     statutory language restricting or limiting such audits, 
     evaluations, or access to records.''.
       (b) Table of Sections Amendment.--The table of sections for 
     chapter 35 of title 31, United States Code, is amended by 
     inserting after the item relating to section 3523 the 
     following:

``3523A. Audits of intelligence community by Government Accountability 
              Office.''.

     SEC. 336. REPORT ON COMPLIANCE WITH LAWS, INTERNATIONAL 
                   OBLIGATIONS, AND EXECUTIVE ORDERS ON THE 
                   DETENTION AND INTERROGATION ACTIVITIES OF THE 
                   INTELLIGENCE COMMUNITY.

       (a) Report Required.--Not later than December 1, 2009, the 
     Director shall submit to the congressional intelligence 
     committees a comprehensive report on all measures taken by 
     the Office of the Director of National Intelligence and by 
     each element, if any, of the intelligence community with 
     relevant responsibilities to comply with the provisions of 
     applicable law, international obligations, and executive 
     orders relating to the detention or interrogation activities, 
     if any, of any element of the intelligence community, 
     including the Detainee Treatment Act of 2005 (title X of 
     division A of Public Law 109-148; 119 Stat. 2739), related 
     provisions of the Military Commissions Act of 2006 (Public 
     Law 109-366; 120 Stat. 2600), common Article 3, the 
     Convention Against Torture, Executive Order 13491 (74 Fed. 
     Reg. 4893; relating to ensuring lawful interrogations), and 
     Executive Order 13493 (74 Fed. Reg. 4901; relating to 
     detention policy options).
       (b) Definitions.--In this Act:
       (1) Common article 3.--The term ``common Article 3'' means 
     Article 3 of each of the Geneva Conventions.
       (2) Convention against torture.--The term ``Convention 
     Against Torture'' means the United Nations Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York on December 10, 1984.
       (3) Director.--The term ``Director'' means the Director of 
     National Intelligence.
       (4) Geneva conventions.--The term ``Geneva Conventions'' 
     means the following:
       (A) The Convention for the Amelioration of the Condition of 
     the Wounded and Sick in Armed Forces in the Field, done at 
     Geneva August 12, 1949 (6 UST 3114).
       (B) The Convention for the Amelioration of the Condition of 
     Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 
     done at Geneva August 12, 1949 (6 UST 3217).
       (C) The Convention Relative to the Treatment of Prisoners 
     of War, done at Geneva August 12, 1949 (6 UST 3316).
       (D) The Convention Relative to the Protection of Civilian 
     Persons in Time of War, done at Geneva August 12, 1949 (6 UST 
     3516).
       (c) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the detention or interrogation 
     methods, if any, that have been determined to comply with 
     applicable law, international obligations, and Executive 
     orders, and, with respect to each such method--
       (A) an identification of the official making such 
     determination; and
       (B) a statement of the basis for such determination.
       (2) A description of any recommendations of a task force 
     submitted pursuant to--
       (A) section 5(g) of Executive Order 13491 (74 Fed. Reg. 
     4893; relating to ensuring lawful interrogations); or
       (B) section 1(g) of Executive Order 13493 (74 Fed. Reg. 
     4901; relating to detention policy options).
       (3) A description of any actions taken pursuant to 
     Executive Order 13491 or the recommendations of a task force 
     issued pursuant to section 5(g) of Executive Order 13491 or 
     section 1(g) of Executive Order 13493 relating to detention 
     or interrogation activities, if any, of any element of the 
     intelligence community.
       (4) A description of any actions that have been taken to 
     implement section 1004 of the Detainee Treatment Act of 2005 
     (119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to 
     each such action--
       (A) an identification of the official taking such action; 
     and
       (B) a statement of the basis for such action.
       (5) Any other matters that the Director considers necessary 
     to fully and currently inform the congressional intelligence 
     committees about the implementation of applicable law, 
     international obligations, and Executive orders relating to 
     the detention or interrogation activities, if any, of any 
     element of the intelligence community, including the Detainee 
     Treatment Act of 2005 (title X of division A of Public Law 
     109-148; 119 Stat. 2739), related provisions of the Military 
     Commissions Act of 2006 (Public Law 109-366; 120 Stat. 2600), 
     common Article 3, the Convention Against Torture, Executive 
     Order 13491, and Executive Order 13493.
       (6) An appendix containing--
       (A) all guidelines for the application of applicable law, 
     international obligations, or Executive orders to the 
     detention or interrogation activities, if any, of any element 
     of the intelligence community; and
       (B) the legal justifications of the Department of Justice 
     about the meaning or application of applicable law, 
     international obligations, or Executive orders, with respect 
     to the detention or interrogation activities, if any, of any 
     element of the intelligence community.
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Submission to the Congressional Armed Services 
     Committees.--To the extent that the report required by 
     subsection (a) addresses an element of the intelligence 
     community within the Department of Defense, the Director 
     shall submit that portion of the report, and any associated 
     material that is necessary to make that portion 
     understandable, to the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives.
       (f) Submission to the Congressional Judiciary 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 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.

     SEC. 337. REPORTS ON NATIONAL SECURITY THREAT POSED BY 
                   GUANTANAMO BAY DETAINEES.

       In addition to the reports required by section 319 of the 
     Supplemental Appropriations Act of 2009 (Public Law 111-32) 
     and on the schedule required for such reports, the Director 
     of National Intelligence shall submit to the congressional 
     intelligence committees a report outlining the Director's 
     assessment of the suitability for release or transfer for 
     detainees previously released or transferred, or to be 
     released or transferred, from the Naval Detention Facility at 
     Guantanamo Bay, Cuba to the United States or any other 
     country. Each such report shall include--
       (1) a description of any objection to the release or 
     recommendation against the release of such an individual made 
     by any element of the intelligence community that determined 
     the potential threat posed by a particular individual 
     warranted the individual's continued detention;
       (2) a detailed description of the intelligence information 
     that led to such an objection or determination;
       (3) if an element of the intelligence community previously 
     recommended against the

[[Page 21772]]

     release of such an individual and later retracted that 
     recommendation, a detailed explanation of the reasoning for 
     the retraction; and
       (4) an assessment of lessons learned from previous releases 
     and transfers of individuals for whom the intelligence 
     community objected or recommended against release.

     SEC. 338. REPORT ON RETIREMENT BENEFITS FOR FORMER EMPLOYEES 
                   OF AIR AMERICA.

       (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 Congress a report on 
     the advisability of providing Federal retirement benefits to 
     United States citizens for the service of such citizens prior 
     to 1977 as employees of Air America or an associated company 
     during a period when Air America or the associated company 
     was owned or controlled by the United States Government and 
     operated or managed by the Central Intelligence Agency.
       (b) Definitions.--In this section:
       (1) Air america.--The term ``Air America'' means Air 
     America, Incorporated.
       (2) Associated company.--The term ``associated company'' 
     means any entity associated with, predecessor to, or 
     subsidiary to Air America, including Air Asia Company 
     Limited, CAT Incorporated, Civil Air Transport Company 
     Limited, and the Pacific Division of Southern Air Transport 
     during the period when such an entity was owned and 
     controlled by the United States Government.
       (c) Report Elements.--The report required by subsection (a) 
     shall include the following:
       (1) The history of Air America and the associated companies 
     prior to 1977, including a description of--
       (A) the relationship between Air America and the associated 
     companies and the Central Intelligence Agency or other 
     elements of the United States Government;
       (B) the workforce of Air America and the associated 
     companies;
       (C) the missions performed by Air America, the associated 
     companies, and their employees for the United States; and
       (D) the casualties suffered by employees of Air America and 
     the associated companies in the course of their employment.
       (2) A description of--
       (A) the retirement benefits contracted for, or promised to, 
     the employees of Air America and the associated companies 
     prior to 1977;
       (B) the contributions made by such employees for such 
     benefits;
       (C) the retirement benefits actually paid to such 
     employees;
       (D) the entitlement of such employees to the payment of 
     future retirement benefits; and
       (E) the likelihood that former employees of such companies 
     will receive any future retirement benefits.
       (3) An assessment of the difference between--
       (A) the retirement benefits that former employees of Air 
     America and the associated companies have received or will 
     receive by virtue of their employment with Air America and 
     the associated companies; and
       (B) the retirement benefits that such employees would have 
     received or be eligible to receive if such employment was 
     deemed to be employment by the United States Government and 
     their service during such employment was credited as Federal 
     service for the purpose of Federal retirement benefits.
       (4)(A) Any recommendations regarding the advisability of 
     legislative action to treat such employment as Federal 
     service for the purpose of Federal retirement benefits in 
     light of the relationship between Air America and the 
     associated companies and the United States Government and the 
     services and sacrifices of such employees to and for the 
     United States.
       (B) If legislative action is considered advisable under 
     subparagraph (A), a proposal for such action and an 
     assessment of its costs.
       (5) The opinions of the Director of the Central 
     Intelligence Agency, if any, on the matters covered by the 
     report that the Director of the Central Intelligence Agency 
     considers appropriate.
       (d) Assistance of Comptroller General.--The Comptroller 
     General of the United States shall, upon the request of the 
     Director of National Intelligence and in a manner consistent 
     with the protection of classified information, assist the 
     Director in the preparation of the report required by 
     subsection (a).
       (e) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 339. 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, non-state, or rogue actors, either 
     foreign or domestic; and
       (2) efforts to protect the United States biodefense 
     knowledge and infrastructure.
       (b) Content.--The report required by subsection (a) shall 
     include--
       (1) an accurate assessment of the intelligence collection 
     efforts of the United States dedicated to detecting the 
     development or use of biological weapons by state, non-state, 
     or rogue actors, either foreign or domestic;
       (2) detailed information on fiscal, human, technical, open 
     source, and other intelligence collection resources of the 
     United States dedicated for use against biological weapons;
       (3) an assessment of any problems that may reduce the 
     overall effectiveness of United States intelligence 
     collection and analysis to identify and protect biological 
     weapons targets, including--
       (A) intelligence collection gaps or inefficiencies;
       (B) inadequate information sharing practices; or
       (C) inadequate cooperation among agencies or departments of 
     the United States;
       (4) a strategic plan prepared by the Director of National 
     Intelligence, in coordination with the Attorney General, the 
     Secretary of Defense, and the Secretary of Homeland Security, 
     that provides for actions for the appropriate elements of the 
     intelligence community to close important intelligence gaps 
     related to biological weapons;
       (5) a description of appropriate goals, schedules, 
     milestones, or metrics to measure the long-term effectiveness 
     of actions implemented to carry out the plan described in 
     paragraph (4); and
       (6) any long-term resource and human capital issues related 
     to the collection of intelligence regarding biological 
     weapons, including any recommendations to address shortfalls 
     of experienced and qualified staff possessing relevant 
     scientific, language, and technical skills.
       (c) Implementation of Strategic Plan.--Not later than 30 
     days after the date that the Director of National 
     Intelligence submits the report required by subsection (a), 
     the Director shall begin implementation of the strategic plan 
     referred to in subsection (b)(4).

     SEC. 340. CYBERSECURITY OVERSIGHT.

       (a) Definitions.--In this section:
       (1) Cybersecurity program.--The term ``cybersecurity 
     program'' means a class or collection of similar 
     cybersecurity operations of an agency or department of the 
     United States that involves personally identifiable data that 
     is--
       (A) screened by a cybersecurity system outside of the 
     agency or department of the United States that was the 
     intended recipient;
       (B) transferred, for the purpose of cybersecurity, outside 
     the agency or department of the United States that was the 
     intended recipient; or
       (C) transferred, for the purpose of cybersecurity, to an 
     element of the intelligence community.
       (2) National cyber investigative joint task force.--The 
     term ``National Cyber Investigative Joint Task Force'' means 
     the multi-agency cyber investigation coordination 
     organization overseen by the Director of the Federal Bureau 
     of Investigation known as the Nation Cyber Investigative 
     Joint Task Force that coordinates, integrates, and provides 
     pertinent information related to cybersecurity 
     investigations.
       (3) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given that term in section 
     1016 of the USA PATRIOT Act (42 U.S.C. 5195c).
       (b) Notification of Cybersecurity Programs.--
       (1) Requirement for notification.--
       (A) Existing programs.--Not later than 30 days after the 
     date of the enactment of this Act, the President shall submit 
     to Congress a notification for each cybersecurity program in 
     operation on such date that includes the documentation 
     referred to in subparagraphs (A) through (E) of paragraph 
     (2).
       (B) New programs.--Not later than 30 days after the date of 
     the commencement of operations of a new cybersecurity 
     program, the President shall submit to Congress a 
     notification of such commencement that includes the 
     documentation referred to in subparagraphs (A) through (E) of 
     paragraph (2).
       (2) Documentation.--A notification required by paragraph 
     (1) for a cybersecurity program shall include--
       (A) the legal justification for the cybersecurity program;
       (B) the certification, if any, made pursuant to section 
     2511(2)(a)(ii)(B) of title 18, United States Code, or other 
     statutory certification of legality for the cybersecurity 
     program;
       (C) the concept for the operation of the cybersecurity 
     program that is approved by the head of the appropriate 
     agency or department;
       (D) the assessment, if any, of the privacy impact of the 
     cybersecurity program prepared by the privacy or civil 
     liberties protection officer or comparable officer of such 
     agency or department; and
       (E) the plan, if any, for independent audit or review of 
     the cybersecurity program to be carried out by the head of 
     the relevant department or agency of the United States, in 
     conjunction with the appropriate inspector general.
       (c) Program Reports.--
       (1) Requirement for reports.--The head of a department or 
     agency of the United

[[Page 21773]]

     States with responsibility for a cybersecurity program for 
     which a notification was submitted under subsection (b), in 
     conjunction with the inspector general for that department or 
     agency, shall submit to Congress and the President, in 
     accordance with the schedule set out in paragraph (2), a 
     report on such cybersecurity program that includes--
       (A) the results of any audit or review of the cybersecurity 
     program carried out under the plan referred to in subsection 
     (b)(2)(E), if any; and
       (B) an assessment of whether the implementation of the 
     cybersecurity program--
       (i) is in compliance with--

       (I) the legal justification referred to in subsection 
     (b)(2)(A); and
       (II) the assessment referred to in subsection (b)(2)(D), if 
     any;

       (ii) is adequately described by the concept of operation 
     referred to in subsection (b)(2)(C), if any; and
       (iii) includes an adequate independent audit or review 
     system and whether improvements to such independent audit or 
     review system are necessary.
       (2) Schedule for submission of reports.--The reports 
     required by paragraph (1) shall be submitted to Congress and 
     the President according to the following schedule:
       (A) An initial report shall be submitted not later than 6 
     months after the date of the enactment of this Act.
       (B) A second report shall be submitted not later than 1 
     year after the date of the enactment of this Act.
       (C) Additional reports shall be submitted periodically 
     thereafter, as necessary, as determined by the head of the 
     relevant department or agency of the United States in 
     conjunction with the inspector general of that department or 
     agency.
       (3) Cooperation and coordination.--
       (A) Cooperation.--The head of each department or agency of 
     the United States and inspector general required to submit a 
     report under paragraph (1) shall work in conjunction, to the 
     extent practicable, with any other such head or inspector 
     general required to submit such a report.
       (B) Coordination.--The heads of each department or agency 
     of the United States and inspectors general required to 
     submit reports under paragraph (1) shall designate one such 
     head and one such inspector general to coordinate the conduct 
     of such reports.
       (d) Information Sharing Report.--Not later than 1 year 
     after the date of the enactment of this Act, the Inspector 
     General of the Department of Homeland Security and the 
     Inspector General of the Intelligence Community shall, 
     jointly, submit to Congress and the President a report on the 
     status of the sharing of cyber threat information, 
     including--
       (1) a description of how cyber threat intelligence 
     information, including classified information, is shared 
     among the agencies and departments of the United States and 
     with persons responsible for critical infrastructure;
       (2) a description of the mechanisms by which classified 
     cyber threat information is distributed;
       (3) an assessment of the effectiveness of such information 
     sharing and distribution; and
       (4) any other matters identified by such Inspectors General 
     that would help to fully inform Congress or the President 
     regarding the effectiveness and legality of cybersecurity 
     programs.
       (e) Personnel Details.--
       (1) Authority to detail.--Notwithstanding any other 
     provision of law, the head of an element of the intelligence 
     community that is funded through the National Intelligence 
     Program may detail an officer or employee of such element to 
     the National Cyber Investigative Joint Task Force or to the 
     Department of Homeland Security to assist the Task Force or 
     the Department with cybersecurity, as jointly agreed by the 
     head of such element and the Task Force or the Department.
       (2) Basis for detail.--A personnel detail made under 
     paragraph (1) may be made--
       (A) for a period of not more than 3 years; and
       (B) on a reimbursable or nonreimbursable basis.
       (f) Sunset.--The requirements and authorities of this 
     section shall terminate on December 31, 2012.

     SEC. 341. REPEAL OR MODIFICATION OF CERTAIN REPORTING 
                   REQUIREMENTS.

       (a) Annual Report on Intelligence.--
       (1) Repeal.--Section 109 of the National Security Act of 
     1947 (50 U.S.C. 404d) is repealed.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by striking the item relating to section 109.
       (b) Annual and Special Reports on Intelligence Sharing With 
     the United Nations.--Section 112 of the National Security Act 
     of 1947 (50 U.S.C. 404g) is amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively.
       (c) Annual Report on Progress in Auditable Financial 
     Statements.--
       (1) Repeal.--Section 114A of the National Security Act of 
     1947 (50 U.S.C. 404i-1) is repealed.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by striking the item relating to section 114A.
       (d) Elimination of Reporting Requirement on Financial 
     Intelligence on Terrorist Assets.--
       (1) In general.--Section 118 of the National Security Act 
     of 1947 (50 U.S.C. 404m) is amended--
       (A) in the section heading, by striking ``SEMIANNUAL REPORT 
     ON'' and inserting ``EMERGENCY NOTIFICATION REGARDING'';
       (B) by striking subsection (a);
       (C) by redesignating subsection (b) as subsection (a);
       (D) by striking subsection (c); and
       (E) by redesignating subsection (d) as subsection (b).
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by striking the item related to section 118 and 
     inserting the following:

``Sec. 118. Emergency notification regarding financial intelligence on 
              terrorist assets.''.

       (e) Annual Certification on Counterintelligence 
     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; 116 Stat. 2429; 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:
       ``(1) Requirement to submit.--Not later than February 1, 
     2010 and once every two years thereafter, the President shall 
     submit to the congressional intelligence committees and 
     congressional leadership a report updating the information 
     referred to in subsection (a)(1)(D) not later than February 
     1, 2010 and every two years thereafter.''; and
       (3) by redesignating paragraph (3) as paragraph (2).
       (i) Conforming Amendments.--Section 507(a) of the National 
     Security Act of 1947 (50 U.S.C. 415b(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking subparagraphs (A) and (B); and
       (B) by redesignating subparagraphs (C) through (N) as 
     subparagraphs (A) through (L), respectively; and
       (2) in paragraph (2), by striking subparagraph (D).

                       Subtitle E--Other Matters

     SEC. 351. 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 `element of the 
     intelligence community' means an element of the intelligence 
     community listed in or designated under section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 401a(4)).''.

     SEC. 352. 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. 353. LIMITATION ON REPROGRAMMINGS AND TRANSFERS OF 
                   FUNDS.

       (a) In General.--Paragraph (3) of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) is amended--
       (1) in subparagraph (B), as amended by section 353, by 
     striking ``and'' at the end;

[[Page 21774]]

       (2) in subparagraph (C), by adding ``and'' at the end; and
       (3) by adding at the end the following new subparagraph:
       ``(D) the making available of such funds for such activity 
     complies with the requirements in subsection (d);''.
       (b) Procedures.--Such section 504 is further amended--
       (1) by redesignating subsections (c), (d), (e), and (f), as 
     redesignated by section 334(2), as subsections (d), (e), (f), 
     and (g), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c)(1) Except as provided in paragraph (2), if following 
     a notice of intent to make funds available for a different 
     activity under subsection (a)(3)(C) one of the congressional 
     intelligence committees submits to the element of the 
     intelligence community that will carry out such activity a 
     request for additional information on such activity, such 
     funds may not be made available for such activity under 
     subsection (a)(3) until such date, up to 90 days after the 
     date of such request, as specified by such congressional 
     intelligence committee.
       ``(2) The President may waive the requirements of paragraph 
     (1) and make funds available for an element of the 
     intelligence community to carry out a different activity 
     under subsection (a)(3) if the President submits to the 
     congressional intelligence committees a certification 
     providing that--
       ``(A) the use of such funds for such activity is necessary 
     to fulfill an urgent operational requirement, excluding a 
     cost overrun on the acquisition of a major system, of an 
     element of the intelligence community; and
       ``(B) such waiver is necessary so that an element of the 
     intelligence community may carry out such activity prior to 
     the date that funds would be made available under paragraph 
     (1).''.
       (c) Definitions.--Subsection (g) of such section 504, as 
     redesignated by subsection (b)(1) of this section, is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4);
       (2) by redesignating paragraphs (1) and (2) as paragraphs 
     (1) and (2), respectively;
       (3) by striking ``and'' at the end of paragraph (1), as 
     redesignated by paragraph (2) of this subsection; and
       (4) by inserting after paragraph (2), as redesignated by 
     paragraph (2) of this subsection, the following:
       ``(3) the term `major system' has the meaning given that 
     term in section 4 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403); and''.

     SEC. 354. PROTECTION OF CERTAIN NATIONAL SECURITY 
                   INFORMATION.

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

     SEC. 355. NATIONAL INTELLIGENCE PROGRAM BUDGET REQUEST.

       (a) Finding.--Congress finds that the Report of the 
     National Commission on Terrorist Attacks Upon the United 
     States (the ``9/11 Commission'') recommended that ``the 
     overall amounts of money being appropriated for national 
     intelligence and to its component agencies should no longer 
     be kept secret'' and that ``Congress should pass a separate 
     appropriations act for intelligence, defending the broad 
     allocation of how these tens of billions of dollars have been 
     assigned among the varieties of intelligence work.''.
       (b) National Intelligence Program Budget Request.--Section 
     601 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (50 U.S.C. 415c) is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Budget Request.--On the date that the President 
     submits to Congress the budget for a fiscal year required 
     under section 1105 of title 31, United States Code, the 
     President shall disclose to the public the aggregate amount 
     of appropriations requested for that fiscal year for the 
     National Intelligence Program.''.

     SEC. 356. 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 ``, evaluate the proper classification of 
     certain records,'' after ``certain records''.

     SEC. 357. 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. 358. 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) 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.
       (4) 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.
       (5) Covered program.--The term ``covered program'' means--
       (A) the Central Intelligence Agency Program;
       (B) the Consolidated Cryptologic Program;
       (C) the General Defense Intelligence Program;
       (D) the National Geospatial-Intelligence Program; or
       (E) the National Reconnaissance Program.
       (6) Senior intelligence management official.--The term 
     ``senior intelligence management official'' means an official 
     within a covered element of the intelligence community who 
     holds a position--
       (A)(i) for which the level of the duties and 
     responsibilities and the rate of pay are comparable to that 
     of a position--
       (I) above grade 15 of the General Schedule (as described in 
     section 5332 of title 5, United States Code); or
       (II) at or above level IV of the Executive Level (as 
     described in section 5315 of title 5, United States Code); or
       (ii) as the head of a covered element of the intelligence 
     community; and
       (B) which is compensated for employment with funds 
     appropriated pursuant to an authorization of appropriations 
     in this Act.
       (b) Identification of Senior Intelligence Management 
     Officials.--
       (1) Requirement to 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 identify each 
     senior intelligence management official of such element who 
     is responsible for correcting a long-standing, correctable 
     material weakness.
       (2) Head of a covered element of the intelligence 
     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.
       (3) Requirement to update designation.--In the event a 
     senior intelligence management official identified under 
     paragraph (1) is determined by the head of the appropriate 
     covered element of the intelligence community to no longer be 
     responsible for correcting a long-standing, correctable 
     material weakness, the head of such element shall identify 
     the successor to such official not later than 10 days after 
     the date of such determination.
       (c) Notification.--Not later than 10 days after the date 
     that the head of a covered element of the intelligence 
     community has

[[Page 21775]]

     identified a senior intelligence management official pursuant 
     to subsection (b)(1), the head of such element shall provide 
     written notification of such identification to the Director 
     of National Intelligence and to such senior intelligence 
     management official.
       (d) Independent Review.--
       (1) Notification of correction of deficiency.--A senior 
     intelligence management official who has received a 
     notification under subsection (c) regarding a long-standing, 
     correctable material weakness shall notify the head of the 
     appropriate covered element of the intelligence community, 
     not later than 5 days after the date that such official 
     determines that the specified material weakness is corrected.
       (2) Requirement for independent review.--
       (A) In general.--Not later than 10 days after the date a 
     notification is provided under paragraph (1), the head of the 
     appropriate covered element of the intelligence community 
     shall appoint an independent auditor to conduct an 
     independent review to determine whether the specified long-
     standing, correctable material weakness has been corrected.
       (B) Review already in process.--If an independent review is 
     already being conducted by an independent auditor, the head 
     of the covered element of the intelligence community may 
     approve the continuation of such review to comply with 
     subparagraph (A).
       (C) Conduct of review.--A review conducted under 
     subparagraph (A) or (B) shall be conducted as expeditiously 
     as possible and in accordance with generally accepted 
     accounting principles.
       (3) Notification of results of review.--Not later than 5 
     days after the date that a review required by paragraph (2) 
     is completed, the independent auditor shall submit to the 
     head of the covered element of the intelligence community, 
     the Director of National Intelligence, and the senior 
     intelligence management official involved a notification of 
     the results of such review.
       (e) Congressional 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 
     of--
       (1) that a senior intelligence management official is 
     identified under subsection (b)(1) and notified under 
     subsection (c); or
       (2) the correction of a long-standing, correctable material 
     weakness, as verified by an independent review under 
     subsection (d)(2).

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

      Subtitle A--Office of the Director of National Intelligence

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

       (a) Responsibility of the Director of National 
     Intelligence.--Subsection (b) of section 102 of the National 
     Security Act of 1947 (50 U.S.C. 403) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3)--
       (A) by striking ``2004,'' and inserting ``2004 (Public Law 
     108-458; 50 U.S.C. 403 note),''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) conduct accountability reviews of elements of the 
     intelligence community and the personnel of such elements, if 
     appropriate.''.
       (b) Tasking and Other Authorities.--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 limit 
     any authority of the Director of National Intelligence under 
     subsection (m) or with respect to supervision of the Central 
     Intelligence Agency.''.

     SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.

       (a) Authorities for Interagency Funding.--Section 
     102A(g)(1) of the National Security Act of 1947 (50 U.S.C. 
     403-1(g)(1)) is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period and 
     inserting a semicolon; and
       (3) by adding at the end the following new subparagraphs:
       ``(G) in carrying out this subsection, without regard to 
     any other provision of law (other than this Act and the 
     National Security Intelligence Reform Act of 2004 (title I of 
     Public Law 108-458; 118 Stat. 3643)), expend funds and make 
     funds available to other departments or agencies of the 
     United States for, and direct the development and fielding 
     of, systems of common concern related to the collection, 
     processing, analysis, exploitation, and dissemination of 
     intelligence information; and
       ``(H) for purposes of addressing critical gaps in 
     intelligence information sharing or access capabilities, have 
     the authority to transfer funds appropriated for a program 
     within the National Intelligence Program to a program funded 
     by appropriations not within the National Intelligence 
     Program, consistent with paragraphs (3) through (7) of 
     subsection (d).''.
       (b) Authorities of Heads of Other Departments and 
     Agencies.--Notwithstanding any other provision of law, the 
     head of any department or agency of the United States is 
     authorized to receive and utilize funds made available to the 
     department or agency by the Director of National Intelligence 
     pursuant to section 102A(g)(1) of the National Security Act 
     of 1947 (50 U.S.C. 403-1(g)(1)), as amended by subsection 
     (a), and receive and utilize any system referred to in such 
     section that is made available to the department or agency.
       (c) Reports.--
       (1) Requirement for reports.--Not later than February 1 of 
     each of the fiscal years 2011 through 2014, the Director of 
     National Intelligence shall submit to the congressional 
     intelligence committees a report detailing the distribution 
     of funds and systems during the preceding fiscal year 
     pursuant to subparagraph (G) or (H) of section 102A(g)(1) of 
     the National Security Act of 1947 (50 U.S.C. 403-1(g)(1)), as 
     added by subsection (a).
       (2) Content.--Each such report shall include--
       (A) a listing of the agencies or departments to which such 
     funds or systems were distributed;
       (B) a description of the purpose for which such funds or 
     systems were distributed; and
       (C) a description of the expenditure of such funds, and the 
     development, fielding, and use of such systems by the 
     receiving agency or department.

     SEC. 403. AUTHORITIES FOR INTERAGENCY FUNDING.

       (a) In General.--Section 102A of the National Security Act 
     of 1947 (50 U.S.C. 403-1), as amended by sections 303, 304, 
     and 312, is further amended by adding at the end the 
     following new subsection:
       ``(x) Authorities for Interagency Funding.--(1) 
     Notwithstanding section 1346 of title 31, United States Code, 
     or any other provision of law prohibiting the interagency 
     financing of activities described in subparagraph (A) or (B), 
     upon the request of the Director of National Intelligence, 
     any element of the intelligence community may use 
     appropriated funds to support or participate in the 
     interagency activities of the following:
       ``(A) National intelligence centers established by the 
     Director under section 119B.
       ``(B) Boards, commissions, councils, committees, and 
     similar groups that are established--
       ``(i) for a term of not more than 2 years; and
       ``(ii) by the Director.
       ``(2) No provision of law enacted after the date of the 
     enactment of the Intelligence Authorization Act for Fiscal 
     Year 2010 shall be construed to limit or supersede the 
     authority in paragraph (1) unless such provision makes 
     specific reference to the authority in that paragraph.''.
       (b) Reports.--Not later than February 1 of each fiscal year 
     2011 through 2014, the Director of National Intelligence 
     shall submit to the congressional intelligence committees a 
     report detailing the exercise of any authority pursuant to 
     subsection (x) of section 102A of the National Security Act 
     of 1947 (50 U.S.C. 403-1), as added by subsection (a), during 
     the preceding fiscal year.

     SEC. 404. 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. 405. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND 
                   TECHNOLOGY.

       (a) In General.--Section 103E of the National Security Act 
     of 1947 (50 U.S.C. 403-3e) is amended--

[[Page 21776]]

       (1) in subsection (c)--
       (A) by redesignating paragraph (5) as paragraph (7);
       (B) in paragraph (4), by striking ``and'' at the end; and
       (C) by inserting after paragraph (4) the following:
       ``(5) assist the Director in establishing goals for basic, 
     applied, and advanced research to meet the technology needs 
     of the intelligence community and to be executed by elements 
     of the intelligence community by--
       ``(A) systematically identifying, assessing, and 
     prioritizing the most significant intelligence challenges 
     that require technical solutions; and
       ``(B) examining options to enhance the responsiveness of 
     research programs;
       ``(6) submit to Congress an annual report on the science 
     and technology strategy of the Director; and''; and
       (2) in paragraph (3) of subsection (d)--
       (A) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
       (B) in subparagraph (B), as so redesignated, by inserting 
     ``and prioritize'' after ``coordinate''; and
       (C) by inserting before subparagraph (B), as so 
     redesignated, the following new subparagraph:
       ``(A) identify basic, advanced, and applied research 
     programs to be executed by elements of the intelligence 
     community;''.
       (b) Sense of Congress on Supervision of the Director of 
     Science and Technology.--It is the sense of Congress that the 
     Director of Science and Technology of the Office of the 
     Director of National Intelligence should report only to a 
     member of such Office who is appointed by the President, by 
     and with the consent of the Senate.

     SEC. 406. 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'' after ``Chief Information 
     Officer'' the first place it appears.

     SEC. 407. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

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


           ``inspector general of the intelligence community

       ``Sec. 103H.  (a) Office of Inspector General of 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 independently investigations, inspections, audits, 
     and reviews on programs and activities within the 
     responsibility and authority of the Director of National 
     Intelligence;
       ``(2) to provide leadership and coordination and recommend 
     policies for activities designed--
       ``(A) to promote economy, efficiency, and effectiveness in 
     the administration and implementation of such programs and 
     activities; and
       ``(B) to prevent and detect fraud and abuse in such 
     programs and activities;
       ``(3) to provide a means for keeping the Director of 
     National Intelligence fully and currently informed about--
       ``(A) problems and deficiencies relating to the 
     administration of programs and activities within the 
     responsibility and authority of the Director of National 
     Intelligence; and
       ``(B) the necessity for, and the progress of, corrective 
     actions; and
       ``(4) in the manner prescribed by this section, to ensure 
     that the congressional intelligence committees are kept 
     similarly informed of--
       ``(A) significant problems and deficiencies relating to 
     programs and activities within the responsibility and 
     authority of the Director of National Intelligence; and
       ``(B) the necessity for, and the progress of, corrective 
     actions.
       ``(c) Inspector General of the Intelligence Community.--(1) 
     There is an Inspector General of the Intelligence Community, 
     who shall be the head of the Office of the Inspector General 
     of the Intelligence Community, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       ``(A) without regard to political affiliation;
       ``(B) on the basis of integrity, compliance with security 
     standards of the intelligence community, and prior experience 
     in the field of intelligence or national security; and
       ``(C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or investigations.
       ``(3) The Inspector General shall report directly to and be 
     under the general supervision of the Director of National 
     Intelligence.
       ``(4) The Inspector General may be removed from office only 
     by the President. The President shall communicate in writing 
     to the congressional intelligence committees the reasons for 
     the removal not later than 30 days prior to the effective 
     date of such removal.
       ``(d) Assistant Inspectors General.--Subject to applicable 
     law and the policies of the Director of National 
     Intelligence, the Inspector General shall--
       ``(1) appoint an Assistant Inspector General for Audit who 
     shall have the responsibility for supervising the performance 
     of auditing activities relating to programs and activities 
     within the responsibility and authority of the Director;
       ``(2) appoint an Assistant Inspector General for 
     Investigations who shall have the responsibility for 
     supervising the performance of investigative activities 
     relating to such programs and activities; and
       ``(3) appoint other Assistant Inspectors General that, in 
     the judgment of the Inspector General, are necessary to carry 
     out the duties of the Inspector General.
       ``(e) Duties and 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) If the Director exercises the authority under 
     paragraph (1), the Director shall submit an appropriately 
     classified statement of the reasons for the exercise of such 
     authority within 7 days to the congressional intelligence 
     committees.
       ``(3) The Director shall advise the Inspector General at 
     the time a statement under paragraph (2) is submitted, and, 
     to the extent consistent with the protection of intelligence 
     sources and methods, provide the Inspector General with a 
     copy of such statement.
       ``(4) The Inspector General may submit to the congressional 
     intelligence committees any comments on the statement of 
     which the Inspector General has notice under paragraph (3) 
     that the Inspector General considers appropriate.
       ``(g) Authorities.--(1) The Inspector General of the 
     Intelligence Community shall have direct and prompt access to 
     the Director of National Intelligence when necessary for any 
     purpose pertaining to the performance of the duties of the 
     Inspector General.
       ``(2)(A) The Inspector General shall, subject to the 
     limitations in subsection (f), make such investigations and 
     reports relating to the administration of the programs and 
     activities within the authorities and responsibilities of the 
     Director as are, in the judgment of the Inspector General, 
     necessary or desirable.
       ``(B) The Inspector General shall have access to any 
     employee, or any employee of contract personnel, of any 
     element of the intelligence community needed for the 
     performance of the duties of the Inspector General.
       ``(C) The Inspector General shall have direct access to all 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other material which relate to the 
     programs and activities with respect to which the Inspector 
     General has responsibilities under this section.

[[Page 21777]]

       ``(D) The level of classification or compartmentation of 
     information shall not, in and of itself, provide a sufficient 
     rationale for denying the Inspector General access to any 
     materials under subparagraph (C).
       ``(E) The Director, or on the recommendation of the 
     Director, another appropriate official of the intelligence 
     community, shall take appropriate administrative actions 
     against an employee, or an employee of contract personnel, of 
     an element of the intelligence community that fails to 
     cooperate with the Inspector General. Such administrative 
     action may include loss of employment or the termination of 
     an existing contractual relationship.
       ``(3) The Inspector General is authorized to receive and 
     investigate, pursuant to subsection (h), complaints or 
     information from any person concerning the existence of an 
     activity within the authorities and responsibilities of the 
     Director of National Intelligence constituting a violation of 
     laws, rules, or regulations, or mismanagement, gross waste of 
     funds, abuse of authority, or a substantial and specific 
     danger to the public health and safety. Once such complaint 
     or information has been received from an employee of the 
     intelligence community--
       ``(A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       ``(B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint or disclosing such 
     information to the Inspector General may be taken by any 
     employee in a position to take such actions, unless the 
     complaint was made or the information was disclosed with the 
     knowledge that it was false or with willful disregard for its 
     truth or falsity.
       ``(4) The Inspector General shall have authority to 
     administer to or take from any person an oath, affirmation, 
     or affidavit, whenever necessary in the performance of the 
     duties of the Inspector General, which oath, affirmation, or 
     affidavit when administered or taken by or before an employee 
     of the Office of the Inspector General of the Intelligence 
     Community designated by the Inspector General shall have the 
     same force and effect as if administered or taken by, or 
     before, an officer having a seal.
       ``(5)(A) Except as provided in subparagraph (B), the 
     Inspector General is authorized to require by subpoena the 
     production of all information, documents, reports, answers, 
     records, accounts, papers, and other data in any medium 
     (including electronically stored information, as well as any 
     tangible thing) and documentary evidence necessary in the 
     performance of the duties and responsibilities of the 
     Inspector General.
       ``(B) In the case of departments, agencies, and other 
     elements of the United States Government, the Inspector 
     General shall obtain information, documents, reports, 
     answers, records, accounts, papers, and other data and 
     evidence for the purpose specified in subparagraph (A) using 
     procedures other than by subpoenas.
       ``(C) The Inspector General may not issue a subpoena for, 
     or on behalf of, any component of the Office of the Director 
     of National Intelligence or any element of the intelligence 
     community, including the Office of the Director of National 
     Intelligence.
       ``(D) In the case of contumacy or refusal to obey a 
     subpoena issued under this paragraph, the subpoena shall be 
     enforceable by order of any appropriate district court of the 
     United States.
       ``(6) The Inspector General may obtain services as 
     authorized by section 3109 of title 5, United States Code, at 
     daily rates not to exceed the equivalent rate prescribed for 
     grade 15 of the General Schedule (as described in section 
     5332 of title 5, United States Code).
       ``(7) The Inspector General may, to the extent and in such 
     amounts as may be provided in appropriations, enter into 
     contracts and other arrangements for audits, studies, 
     analyses, and other services with public agencies and with 
     private persons, and to make such payments as may be 
     necessary to carry out the provisions of this section.
       ``(h) Coordination Among Inspectors General.--(1)(A) In the 
     event of a matter within the jurisdiction of the Inspector 
     General of the Intelligence Community that may be subject to 
     an investigation, inspection, audit, or review by both the 
     Inspector General of the Intelligence Community and an 
     inspector general, whether statutory or administrative, with 
     oversight responsibility for an element or elements of the 
     intelligence community, the Inspector General of the 
     Intelligence Community and such other inspector or inspectors 
     general shall expeditiously resolve the question of which 
     inspector general shall conduct such investigation, 
     inspection, audit, or review to avoid unnecessary duplication 
     of the activities of the Offices of the Inspectors General.
       ``(B) In attempting to resolve a question under 
     subparagraph (A), the inspectors general concerned may 
     request the assistance of the Intelligence Community 
     Inspectors General Forum established under paragraph (2). In 
     the event of a dispute between an inspector general within an 
     agency or department of the United States Government and the 
     Inspector General of the Intelligence Community that has not 
     been resolved with the assistance of such Forum, the 
     inspectors general shall submit the question to the Director 
     of National Intelligence and the head of the affected agency 
     or department for resolution.
       ``(2)(A) There is established the Intelligence Community 
     Inspectors General Forum, which shall consist of all 
     statutory or administrative inspectors general with oversight 
     responsibility for an element or elements of the intelligence 
     community.
       ``(B) The Inspector General of the Intelligence Community 
     shall serve as the Chair of the Forum established under 
     subparagraph (A). The Forum shall have no administrative 
     authority over any inspector general, but shall serve as a 
     mechanism for informing its members of the work of individual 
     members of the Forum that may be of common interest and 
     discussing questions about jurisdiction or access to 
     employees, employees of contract personnel, records, audits, 
     reviews, documents, recommendations, or other materials that 
     may involve or be of assistance to more than 1 of its 
     members.
       ``(3) The Inspector General conducting an investigation, 
     inspection, audit, or review covered by paragraph (1) shall 
     submit the results of such investigation, inspection, audit, 
     or review to any other Inspector General, including the 
     Inspector General of the Intelligence Community, with 
     jurisdiction to conduct such investigation, inspection, 
     audit, or review who did not conduct such investigation, 
     inspection, audit, or review.
       ``(i) Counsel to the Inspector General.--The Inspector 
     General of the Intelligence Community shall--
       ``(1) appoint a Counsel to the Inspector General who shall 
     report to the Inspector General; or
       ``(2) obtain the services of a counsel appointed by and 
     directly reporting to another Inspector General or the 
     Council of the Inspectors General on Integrity and Efficiency 
     on a reimbursable basis.
       ``(j) Staff and Other Support.--(1) The Director of 
     National Intelligence shall provide the Inspector General of 
     the Intelligence Community with appropriate and adequate 
     office space at central and field office locations, together 
     with such equipment, office supplies, maintenance services, 
     and communications facilities and services as may be 
     necessary for the operation of such offices.
       ``(2)(A) Subject to applicable law and the policies of the 
     Director of National Intelligence, the Inspector General 
     shall select, appoint, and employ such officers and employees 
     as may be necessary to carry out the functions, powers, and 
     duties of the Inspector General. The Inspector General shall 
     ensure that any officer or employee so selected, appointed, 
     or employed has security clearances appropriate for the 
     assigned duties of such officer or employee.
       ``(B) In making selections under subparagraph (A), the 
     Inspector General shall ensure that such officers and 
     employees have the requisite training and experience to 
     enable the Inspector General to carry out the duties of the 
     Inspector General effectively.
       ``(C) In meeting the requirements of this paragraph, the 
     Inspector General shall create within the Office of the 
     Inspector General of the Intelligence Community a career 
     cadre of sufficient size to provide appropriate continuity 
     and objectivity needed for the effective performance of the 
     duties of the Inspector General.
       ``(3) Consistent with budgetary and personnel resources 
     allocated by the Director of National Intelligence, the 
     Inspector General has final approval of--
       ``(A) the selection of internal and external candidates for 
     employment with the Office of the Inspector General; and
       ``(B) all other personnel decisions concerning personnel 
     permanently assigned to the Office of Inspector General, 
     including selection and appointment to the Senior 
     Intelligence Service, but excluding all security based 
     determinations that are not within the authority of a head of 
     a component of the Office of the Director of National 
     Intelligence.
       ``(4)(A) Subject to the concurrence of the Director of 
     National Intelligence, the Inspector General may request such 
     information or assistance as may be necessary for carrying 
     out the duties and responsibilities of the Inspector General 
     from any department, agency, or other element of the United 
     States Government.
       ``(B) Upon request of the Inspector General for information 
     or assistance under subparagraph (A), the head of the 
     department, agency, or element concerned shall, insofar as is 
     practicable and not in contravention of any existing 
     statutory restriction or regulation of the department, 
     agency, or element, furnish to the Inspector General, or to 
     an authorized designee, such information or assistance.
       ``(C) The Inspector General of the Intelligence Community 
     may, upon reasonable notice to the head of any element of the 
     intelligence community and in coordination with that 
     element's inspector general pursuant to subsection (h), 
     conduct, as authorized by this section, an investigation, 
     inspection, audit, or review of such element and may

[[Page 21778]]

     enter into any place occupied by such element for purposes of 
     the performance of the duties of the Inspector General.
       ``(k) Reports.--(1)(A) The Inspector General of the 
     Intelligence Community shall, not later than January 31 and 
     July 31 of each year, prepare and submit to the Director of 
     National Intelligence a classified, and, as appropriate, 
     unclassified semiannual report summarizing the activities of 
     the Office of the Inspector General of the Intelligence 
     Community during the immediately preceding 6-month period 
     ending December 31 (of the preceding year) and June 30, 
     respectively. The Inspector General of the Intelligence 
     Community shall provide any portion of the report involving a 
     component of a department of the United States Government to 
     the head of that department simultaneously with submission of 
     the report to the Director of National Intelligence.
       ``(B) Each report under this paragraph shall include, at a 
     minimum, the following:
       ``(i) A list of the title or subject of each investigation, 
     inspection, audit, or review conducted during the period 
     covered by such report.
       ``(ii) A description of significant problems, abuses, and 
     deficiencies relating to the administration of programs and 
     activities of the intelligence community within the 
     responsibility and authority of the Director of National 
     Intelligence, and in the relationships between elements of 
     the intelligence community, identified by the Inspector 
     General during the period covered by such report.
       ``(iii) A description of the recommendations for corrective 
     action made by the Inspector General during the period 
     covered by such report with respect to significant problems, 
     abuses, or deficiencies identified in clause (ii).
       ``(iv) A statement of whether or not corrective action has 
     been completed on each significant recommendation described 
     in previous semiannual reports, and, in a case where 
     corrective action has been completed, a description of such 
     corrective action.
       ``(v) A certification of whether or not the Inspector 
     General has had full and direct access to all information 
     relevant to the performance of the functions of the Inspector 
     General.
       ``(vi) A description of the exercise of the subpoena 
     authority under subsection (g)(5) by the Inspector General 
     during the period covered by such report.
       ``(vii) Such recommendations as the Inspector General 
     considers appropriate for legislation to promote economy, 
     efficiency, and effectiveness in the administration and 
     implementation of programs and activities within the 
     responsibility and authority of the Director of National 
     Intelligence, and to detect and eliminate fraud and abuse in 
     such programs and activities.
       ``(C) Not later than 30 days after the date of receipt of a 
     report under subparagraph (A), the Director shall transmit 
     the report to the congressional intelligence committees 
     together with any comments the Director considers 
     appropriate. The Director shall transmit to the committees of 
     the Senate and of the House of Representatives with 
     jurisdiction over a department of the United States 
     Government any portion of the report involving a component of 
     such department simultaneously with submission of the report 
     to the congressional intelligence committees.
       ``(2)(A) The Inspector General shall report immediately to 
     the Director whenever the Inspector General becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to programs and activities within the 
     responsibility and authority of the Director of National 
     Intelligence.
       ``(B) The Director shall transmit to the congressional 
     intelligence committees each report under subparagraph (A) 
     within 7 calendar days of receipt of such report, together 
     with such comments as the Director considers appropriate. The 
     Director shall transmit to the committees of the Senate and 
     of the House of Representatives with jurisdiction over a 
     department of the United States Government any portion of 
     each report under subparagraph (A) that involves a problem, 
     abuse, or deficiency related to a component of such 
     department simultaneously with transmission of the report to 
     the congressional intelligence committees.
       ``(3)(A) In the event that--
       ``(i) the Inspector General is unable to resolve any 
     differences with the Director affecting the execution of the 
     duties or responsibilities of the Inspector General;
       ``(ii) an investigation, inspection, audit, or review 
     carried out by the Inspector General focuses on any current 
     or former intelligence community official who--
       ``(I) holds or held a position in an element of the 
     intelligence community that is subject to appointment by the 
     President, whether or not by and with the advice and consent 
     of the Senate, including such a position held on an acting 
     basis;
       ``(II) holds or held a position in an element of the 
     intelligence community, including a position held on an 
     acting basis, that is appointed by the Director of National 
     Intelligence; or
       ``(III) holds or held a position as head of an element of 
     the intelligence community or a position covered by 
     subsection (b) or (c) of section 106;
       ``(iii) a matter requires a report by the Inspector General 
     to the Department of Justice on possible criminal conduct by 
     a current or former official described in clause (ii);
       ``(iv) the Inspector General receives notice from the 
     Department of Justice declining or approving prosecution of 
     possible criminal conduct of any current or former official 
     described in clause (ii); or
       ``(v) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, 
     audit, or review, the Inspector General shall immediately 
     notify, and submit a report to, the congressional 
     intelligence committees on such matter.
       ``(B) The Inspector General shall submit to the committees 
     of the Senate and of the House of Representatives with 
     jurisdiction over a department of the United States 
     Government any portion of each report under subparagraph (A) 
     that involves an investigation, inspection, audit, or review 
     carried out by the Inspector General focused on any current 
     or former official of a component of such department 
     simultaneously with submission of the report to the 
     congressional intelligence committees.
       ``(4) Pursuant to title V, the Director shall submit to the 
     congressional intelligence committees any report or findings 
     and recommendations of an investigation, inspection, audit, 
     or review conducted by the office which has been requested by 
     the Chairman or Vice Chairman or Ranking Minority Member of 
     either committee.
       ``(5)(A) An employee of an element of the intelligence 
     community, an employee assigned or detailed to an element of 
     the intelligence community, or an employee of contract 
     personnel to the intelligence community who intends to report 
     to Congress a complaint or information with respect to an 
     urgent concern may report such complaint or information to 
     the Inspector General.
       ``(B) Not later than the end of the 14-calendar-day period 
     beginning on the date of receipt from an employee of a 
     complaint or information under subparagraph (A), the 
     Inspector General shall determine whether the complaint or 
     information appears credible. Upon making such a 
     determination, the Inspector General shall transmit to the 
     Director a notice of that determination, together with the 
     complaint or information.
       ``(C) Upon receipt of a transmittal from the Inspector 
     General under subparagraph (B), the Director shall, within 7 
     calendar days of such receipt, forward such transmittal to 
     the congressional intelligence committees, together with any 
     comments the Director considers appropriate.
       ``(D)(i) If the Inspector General does not find credible 
     under subparagraph (B) a complaint or information submitted 
     under subparagraph (A), or does not transmit the complaint or 
     information to the Director in accurate form under 
     subparagraph (B), the employee (subject to clause (ii)) may 
     submit the complaint or information to Congress by contacting 
     either or both of the congressional intelligence committees 
     directly.
       ``(ii) An employee may contact the intelligence committees 
     directly as described in clause (i) only if the employee--
       ``(I) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact the congressional intelligence 
     committees directly; and
       ``(II) obtains and follows from the Director, through the 
     Inspector General, direction on how to contact the 
     congressional intelligence committees in accordance with 
     appropriate security practices.
       ``(iii) A member or employee of one of the congressional 
     intelligence committees who receives a complaint or 
     information under clause (i) does so in that member or 
     employee's official capacity as a member or employee of such 
     committee.
       ``(E) The Inspector General shall notify an employee who 
     reports a complaint or information to the Inspector General 
     under this paragraph of each action taken under this 
     paragraph with respect to the complaint or information. Such 
     notice shall be provided not later than 3 days after any such 
     action is taken.
       ``(F) An action taken by the Director or the Inspector 
     General under this paragraph shall not be subject to judicial 
     review.
       ``(G) In this paragraph, the term `urgent concern' means 
     any of the following:
       ``(i) A serious or flagrant problem, abuse, violation of 
     law or Executive order, or deficiency relating to the 
     funding, administration, or operation of an intelligence 
     activity within the responsibility and authority of the 
     Director of National Intelligence involving classified 
     information, but does not include differences of opinions 
     concerning public policy matters.
       ``(ii) A false statement to Congress, or a willful 
     withholding from Congress, on an issue of material fact 
     relating to the funding, administration, or operation of an 
     intelligence activity.
       ``(iii) An action, including a personnel action described 
     in section 2302(a)(2)(A) of title 5, United States Code, 
     constituting reprisal or threat of reprisal prohibited under 
     subsection (f)(3)(B) of this section in response to

[[Page 21779]]

     an employee's reporting an urgent concern in accordance with 
     this paragraph.
       ``(H) In support of this paragraph, Congress makes the 
     findings set forth in paragraphs (1) through (6) of section 
     701(b) of the Intelligence Community Whistleblower Protection 
     Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App. 
     8H note).
       ``(I) Nothing in this section shall be construed to limit 
     the protections afforded to an employee under the 
     Intelligence Community Whistleblower Protection Act of 1988 
     (title VII of Public Law 105-272, 5 U.S.C. App. 8H note).
       ``(6) In accordance with section 535 of title 28, United 
     States Code, the Inspector General shall expeditiously report 
     to the Attorney General any information, allegation, or 
     complaint received by the Inspector General relating to 
     violations of Federal criminal law that involves a program or 
     operation of an element of the intelligence community, or in 
     the relationships between the elements of the intelligence 
     community, consistent with such guidelines as may be issued 
     by the Attorney General pursuant to subsection (b)(2) of such 
     section. A copy of each such report shall be furnished to the 
     Director.
       ``(l) Construction of Duties Regarding Elements of 
     Intelligence 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, whether 
     statutory or administrative, having duties and 
     responsibilities relating to such element.
       ``(m) Separate Budget Account.--The Director of National 
     Intelligence shall, in accordance with procedures to be 
     issued by the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for the Office of Inspector 
     General of the Intelligence Community.
       ``(n) Budget.--(1) For each fiscal year, the Inspector 
     General of the Intelligence Community shall transmit a budget 
     estimate and request to the Director of National Intelligence 
     that specifies for such fiscal year--
       ``(A) the aggregate amount requested for the operations of 
     the Inspector General;
       ``(B) the amount requested for all training requirements of 
     the Inspector General, including a certification from the 
     Inspector General that the amount requested is sufficient to 
     fund all training requirements for the Office of the 
     Inspector General; and
       ``(C) the amount requested to support the Council of the 
     Inspectors General on Integrity and Efficiency, including a 
     justification of such amount.
       ``(2) In transmitting a proposed budget to the President 
     for a fiscal year, the Director of National Intelligence 
     shall include for such fiscal year--
       ``(A) the aggregate amount requested for the Inspector 
     General of the Intelligence Community;
       ``(B) the amount requested by the Inspector General for 
     training;
       ``(C) the amounts requested to support of the Council of 
     the Inspectors General on Integrity and Efficiency; and
       ``(D) the comments of the Inspector General, if any, with 
     respect to the proposal.
       ``(3) The Director of National Intelligence shall submit to 
     the congressional intelligence committees, the Committee on 
     Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives for each 
     fiscal year--
       ``(A) a separate statement of the budget estimate 
     transmitted pursuant to paragraph (1);
       ``(B) the amount requested by the Director for the 
     Inspector General pursuant to paragraph (2);
       ``(C) the amount requested by the Director for training for 
     personnel of the Office of the Inspector General;
       ``(D) the amount requested by the Director for support for 
     the Council of the Inspectors General on Integrity and 
     Efficiency; and
       ``(E) the comments of the Inspector General, if any, on the 
     amount requested pursuant to paragraph (2), including whether 
     such amount would substantially inhibit the Inspector General 
     from performing the duties of the Office of the Inspector 
     General.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 103G 
     the following new item:

``Sec. 103H. Inspector General of the Intelligence Community.''.

       (b) 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. The Counsel to the 
     Inspector General of the Intelligence Community appointed 
     pursuant to section 103H(i) of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.), as added by subsection (a)(1), 
     shall perform the functions as such Inspector General may 
     prescribe.
       (d) Repeal of Superseded Authority To Establish Position.--
       (1) In general.--Section 8K of the Inspector General Act of 
     1978 (5 U.S.C. App.) shall be repealed on the date that the 
     President nominates the first individual to serve as 
     Inspector General for the Intelligence Community pursuant to 
     section 103H of the National Security Act of 1947, as added 
     by subsection (a).
       (2) Transition.--Notwithstanding the repeal of section 8K 
     of the Inspector General Act of 1978 (5 U.S.C. App.) pursuant 
     to paragraph (1), the individual serving as Inspector General 
     pursuant to such section 8K may continue such service until 
     an individual is appointed as the Inspector General of the 
     Intelligence Community, by and with the advice and consent of 
     the Senate, pursuant to such section 103H and assumes the 
     duties of that position.

     SEC. 408. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE 
                   COMMUNITY.

       (a) Establishment.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.), as amended by section 407 of 
     this Act, is further amended by inserting after section 103H, 
     as added by section 407(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 shall be within the Office of the Director of 
     National Intelligence a Chief Financial Officer of the 
     Intelligence Community who shall be appointed by the 
     Director.
       ``(b) Duties and Responsibilities.--Subject to the 
     direction of the Director of National Intelligence, the Chief 
     Financial Officer of the Intelligence Community shall--
       ``(1) serve as the principal advisor to the Director of 
     National Intelligence and the Principal Deputy Director of 
     National Intelligence on the management and allocation of 
     intelligence community budgetary resources;
       ``(2) establish and oversee a comprehensive and integrated 
     strategic process for resource management within the 
     intelligence community;
       ``(3) ensure that the strategic plan of the Director of 
     National Intelligence--
       ``(A) is based on budgetary constraints as specified in the 
     Future Year Intelligence Plans and Long-term Budget 
     Projections required by this Act; and
       ``(B) contains specific goals and objectives to support a 
     performance-based budget;
       ``(4) ensure that--
       ``(A) current and future major system acquisitions have 
     validated national requirements for meeting the strategic 
     plan of the Director; and
       ``(B) such requirements are prioritized based on budgetary 
     constraints, as specified in the Future Year Intelligence 
     Plans and the Long-term Intelligence Projections required by 
     this Act;
       ``(5) prior to the obligation or expenditure of funds for 
     the acquisition of any major system pursuant to a Milestone A 
     or Milestone B decision, determine that such acquisition 
     complies with the requirements of paragraph (4);
       ``(6) ensure that the architectures of the Director are 
     based on budgetary constraints as specified in the Future 
     Year Intelligence Plans and the Long-term Budget Projections 
     required by this Act;
       ``(7) coordinate or approve representations made to 
     Congress by the intelligence community regarding National 
     Intelligence Program budgetary resources;
       ``(8) preside, or assist in presiding, over any mission 
     requirements, acquisition, or architectural board formed 
     within or by the Office of the Director of National 
     Intelligence; and
       ``(9) perform such other duties as may be prescribed by the 
     Director of National Intelligence or specified by law.
       ``(c) Other Law.--The Chief Financial Officer of the 
     Intelligence Community shall serve as the Chief Financial 
     Officer of the intelligence community and, to the extent 
     applicable, shall have the duties, responsibilities, and 
     authorities specified in the Chief Financial Officers Act of 
     1990 (Public Law 101-576; 104 Stat. 2823) and the amendments 
     made by that Act.
       ``(d) Prohibition on Simultaneous Service as Other Chief 
     Financial Officer.--An individual serving in the position of 
     Chief Financial Officer of the Intelligence Community may 
     not, while so serving, serve as the chief financial officer 
     of any other department or agency, or component thereof, of 
     the United States Government.
       ``(e) Definitions.--In this section:
       ``(1) The term `major system' has the meaning given that 
     term in section 4 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403).
       ``(2) The term `Milestone A' means a decision to enter into 
     concept refinement and technology maturity demonstration 
     pursuant to guidance issued by the Director of National 
     Intelligence.
       ``(3) The term `Milestone B' means a decision to enter into 
     system development, integration, and demonstration pursuant 
     to guidance prescribed by the Director of National 
     Intelligence.''.

[[Page 21780]]

       (b) Clerical Amendment.--The table of contents in the first 
     section of the National Security Act of 1947, as amended by 
     section 406, is further amended by inserting after the item 
     relating to section 103H, as added by section 407(a)(2) the 
     following new item:

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

     SEC. 409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND 
                   OFFICIALS.

       (a) National Counter Proliferation Center.--Section 119A(a) 
     of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is 
     amended--
       (1) by striking ``(a) Establishment.--Not later than 18 
     months after the date of the enactment of the National 
     Security Intelligence Reform Act of 2004, the'' and inserting 
     the following:
       ``(a) In General.--
       ``(1) Establishment.--The''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Director.--The head of the National Counter 
     Proliferation Center shall be the Director of the National 
     Counter Proliferation Center, who shall be appointed by the 
     Director of National Intelligence.
       ``(3) Location.--The National Counter Proliferation Center 
     shall be located within the Office of the Director of 
     National Intelligence.''.
       (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
     3(c)) is amended--
       (1) by redesignating paragraph (9) as paragraph (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. 410. NATIONAL SPACE INTELLIGENCE OFFICE.

       (a) Establishment.--
       (1) In general.--Title I of the National Security Act of 
     1947 (50 U.S.C. 401 et seq.) is amended by adding at the end 
     the following new section:


                  ``national space intelligence office

       ``Sec. 119C.  (a) Establishment.--There is established 
     within the Office of the Director of National Intelligence a 
     National Space Intelligence Office.
       ``(b) Director of National Space Intelligence Office.--The 
     National Intelligence Officer for Science and Technology, or 
     a successor position designated by the Director of National 
     Intelligence, shall act as the Director of the National Space 
     Intelligence Office.
       ``(c) Missions.--The National Space Intelligence Office 
     shall have the following missions:
       ``(1) To coordinate and provide policy direction for the 
     management of space-related intelligence assets.
       ``(2) To prioritize collection activities consistent with 
     the National Intelligence Collection Priorities framework, or 
     a successor framework or other document designated by the 
     Director of National Intelligence.
       ``(3) To provide policy direction for programs designed to 
     ensure a sufficient cadre of government and nongovernment 
     personnel in fields relating to space intelligence, including 
     programs to support education, recruitment, hiring, training, 
     and retention of qualified personnel.
       ``(4) To evaluate independent analytic assessments of 
     threats to classified United States space intelligence 
     systems throughout all phases of the development, 
     acquisition, and operation of such systems.
       ``(d) Access to Information.--The Director of National 
     Intelligence shall ensure that the National Space 
     Intelligence Office has access to all national intelligence 
     information (as appropriate), and such other information (as 
     appropriate and practical), necessary for the Office to carry 
     out the missions of the Office under subsection (c).
       ``(e) Separate Budget Account.--The Director of National 
     Intelligence shall include in the National Intelligence 
     Program budget a separate line item for the National Space 
     Intelligence Office.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 119B 
     the following new item:

``Sec. 119C. National Space Intelligence Office.''.

       (b) Report on Organization of Office.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of the 
     National Space Intelligence Office shall submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on the organizational structure of 
     the National Space Intelligence Office established by section 
     119C of the National Security Act of 1947 (as added by 
     subsection (a)).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The proposed organizational structure of the National 
     Space Intelligence Office.
       (B) An identification of key participants in the Office.
       (C) A strategic plan for the Office during the 5-year 
     period beginning on the date of the report.

     SEC. 411. 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 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) 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.
       ``(d) Search and Review for Certain Purposes.--
     Notwithstanding subsection (a) or (b), exempted operational 
     files shall continue to be subject to search and review for 
     information concerning any of the following:
       ``(1) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code.
       ``(2) Any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code.
       ``(3) The specific subject matter of an investigation for 
     any impropriety or violation of law, Executive order, or 
     Presidential directive, in the conduct of an intelligence 
     activity by any of the following:
       ``(A) The Select Committee on Intelligence of the Senate.
       ``(B) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(C) The Intelligence Oversight Board.
       ``(D) The Department of Justice.
       ``(E) The Office.
       ``(F) The Office of the Inspector General of the 
     Intelligence Community.
       ``(e) Decennial Review of Exempted Operational Files.--(1) 
     Not less than once every 10 years, the Director of National 
     Intelligence shall review the operational files exempted 
     under subsection (a) to determine whether such files, or any 
     portion of such files, may be removed from the category of 
     exempted files.
       ``(2) The review required by paragraph (1) shall include 
     consideration of the historical value or other public 
     interest in the subject matter of the particular category of 
     files or portions thereof and the potential for declassifying 
     a significant part of the information contained therein.
       ``(3) A complainant that alleges that the Director of 
     National Intelligence has improperly withheld records because 
     of failure to comply with this subsection may seek judicial 
     review in the district court of the United States of the 
     district in which any of the parties reside, or in the 
     District of Columbia. In such a proceeding, the court's 
     review shall be limited to determining the following:
       ``(A) Whether the Director has conducted the review 
     required by paragraph (1) before the expiration of the 10-
     year period beginning on the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2010 or before 
     the expiration of the 10-year period beginning on the date of 
     the most recent review.
       ``(B) Whether the Director of National Intelligence, in 
     fact, considered the criteria set forth in paragraph (2) in 
     conducting the required review.
       ``(f) Supersedure of Other 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

[[Page 21781]]

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

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

     SEC. 412. 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. 413. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE AND THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       Subsection (j) of section 552a of title 5, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``or'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) maintained by the Office of the Director of National 
     Intelligence; or''.

     SEC. 414. 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.''.
       (b) Annual Report.--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--
       (1) a description of each such advisory committee, 
     including the subject matter of the committee; and
       (2) a list of members of each such advisory committee.

     SEC. 415. 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. 416. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE 
                   OFFICE OF THE NATIONAL COUNTERINTELLIGENCE 
                   EXECUTIVE.

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

     SEC. 417. MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE NAME, INITIALS, OR SEAL.

       (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.

                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 the following 
     new sentence: ``Notwithstanding any other provision of this 
     section and any other provision of law, an appeal from a 
     decision of a contracting officer of the Central Intelligence 
     Agency relative to a contract made by that agency may be 
     filed with whichever of the Armed Services Board of Contract 
     Appeals or the Civilian Board of Contract Appeals is 
     specified in the contract as the Board to which such an 
     appeal may be made; and the Board so specified shall have 
     jurisdiction to decide that appeal.''.

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

       (a) Establishment and Duties of the Position of Deputy 
     Director of Central Intelligence Agency.--
       (1) In general.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.) is amended by adding after 
     section 104A the following:

     ``SEC. 104B. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE 
                   AGENCY.

       ``(a) Deputy Director of Central Intelligence Agency.--
     There is a Deputy Director of the Central Intelligence Agency 
     who

[[Page 21782]]

     shall be appointed by the President, by and with the consent 
     of the Senate.
       ``(b) Duties of Deputy Director of Central Intelligence 
     Agency.--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) act for, and exercise the powers of, the Director of 
     the Central Intelligence Agency during the absence or 
     disability of the Director of the Central Intelligence 
     Agency, or during a vacancy in the position of Director of 
     the Central Intelligence Agency.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 104A 
     the following:

``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.

       (b) Executive Schedule III.--Section 5314 of Title 5, 
     United States Code, is amended by striking the item relating 
     to the Deputy Directors of the Central Intelligence Agency 
     (2) and inserting the following:
     ``Deputy Director of the Central Intelligence Agency.''.
       (c) Effective Date and Applicability.--The amendment made 
     by subsection (a) shall take effect on the date of the 
     enactment of this Act and shall apply upon the earlier of--
       (1) the date of the appointment by the President of an 
     individual to serve as Deputy Director of the Central 
     Intelligence Agency, except that the individual 
     administratively performing the duties of the Deputy Director 
     of the Central Intelligence Agency as of the date of the 
     enactment of this Act may continue to perform such duties 
     until the individual appointed to the position of Deputy 
     Director of the Central Intelligence Agency, by and with the 
     advice and consent of the Senate, assumes the duties of such 
     position; or
       (2) the date of the cessation of the performance of the 
     duties of Deputy Director of the Central Intelligence Agency 
     by the individual administratively performing such duties as 
     of the date of the enactment of this Act.

     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 sentence and 
     inserting ``This appointment shall be made without regard to 
     political affiliation and shall be on the basis of integrity 
     and demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, or 
     investigation. Such appointment shall also be made on the 
     basis of compliance with the security standards of the Agency 
     and prior experience in the field of foreign intelligence.''.
       (b) Removal of the Inspector 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.''.
       (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) is 
     amended--
       (A) by redesignating paragraph (8) as subparagraph (9);
       (B) in paragraph (9), as so redesignated--
       (i) by striking ``Subject to the concurrence of the 
     Director, the'' and inserting ``The''; and
       (ii) by adding at the end ``Consistent with budgetary and 
     personnel resources allocated by the Director, the Inspector 
     General has final approval of--
       ``(A) the selection of internal and external candidates for 
     employment with the Office of Inspector General; and
       ``(B) all other personnel decisions concerning personnel 
     permanently assigned to the Office of Inspector General, 
     including selection and appointment to the Senior 
     Intelligence Service, but excluding all security based 
     determinations that are not within the authority of a head of 
     other Central Intelligence Agency offices.''; and
       (C) by inserting after paragraph (7) the following:
       ``(8) The Inspector General shall--
       ``(A) appoint a Counsel to the Inspector General who shall 
     report to the Inspector General; or
       ``(B) obtain the services of a counsel appointed by and 
     directly reporting to another Inspector General or the 
     Council of the Inspectors General on Integrity and Efficiency 
     on a reimbursable basis.''.
       (2) 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. The Counsel to the Inspector General of 
     the Central Intelligence Agency appointed pursuant to section 
     17(e)(8) of the Central Intelligence Agency Act of 1949, as 
     added by such paragraph, shall perform the functions as such 
     Inspector General may prescribe.

     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:
       ``(2) For each fiscal year, the Inspector General shall 
     transmit a budget estimate and request through the Director 
     to the Director of National Intelligence that specifies for 
     such fiscal year--
       ``(A) the aggregate amount requested for the operations of 
     the Inspector General;
       ``(B) the amount requested for all training requirements of 
     the Inspector General, including a certification from the 
     Inspector General that the amount requested is sufficient to 
     fund all training requirements for the Office; and
       ``(C) the amount requested to support the Council of the 
     Inspectors General on Integrity and Efficiency, including a 
     justification of such amount.
       ``(3) In transmitting a proposed budget to the President 
     for a fiscal year, the Director of National Intelligence 
     shall include for such fiscal year--
       ``(A) the aggregate amount requested for the Inspector 
     General of the Central Intelligence Agency;
       ``(B) the amount requested for Inspector General for 
     training;
       ``(C) the amounts requested to support of the Council of 
     the Inspectors General on Integrity and Efficiency; and
       ``(D) the comments of the Inspector General, if any, with 
     respect to the proposal.
       ``(4) The Director of National Intelligence shall submit to 
     the Committee on Appropriations and the Select Committee on 
     Intelligence of the Senate and the Committee on 
     Appropriations and the Permanent Select Committee on 
     Intelligence of the House of Representatives for each fiscal 
     year--
       ``(A) a separate statement of the budget estimate 
     transmitted pursuant to paragraph (2);
       ``(B) the amount requested by the Director of National 
     Intelligence for the Inspector General pursuant to paragraph 
     (3);
       ``(C) the amount requested by the Director of National 
     Intelligence for training for personnel of the Office;
       ``(D) the amount requested by the Director of National 
     Intelligence for support for the Council of the Inspectors 
     General on Integrity and Efficiency; and
       ``(E) the comments of the Inspector General, if any, on the 
     amount requested pursuant to paragraph (3), including whether 
     such amount would substantially inhibit the Inspector General 
     from performing the duties of the Office.''.

     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 information 
     gained from high-value detainee reporting 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. 8G) is amended--
       (1) by inserting ``the Defense Intelligence Agency,'' after 
     ``the Corporation for Public Broadcasting,'';
       (2) by inserting ``the National Geospatial-Intelligence 
     Agency,'' after ``the National Endowment for the 
     Humanities,''; and
       (3) by inserting ``the National Reconnaissance Office, the 
     National Security Agency,'' after ``the National Labor 
     Relations Board,''.
       (b) Certain Designations Under Inspector General Act of 
     1978.--Subsection (a) of section 8H of the Inspector General 
     Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the 
     end the following new paragraph:
       ``(3) The Inspectors General of the Defense Intelligence 
     Agency, the National

[[Page 21783]]

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

     SEC. 432. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN 
                   COMPONENTS OF THE INTELLIGENCE COMMUNITY.

       (a) Director of National Security Agency.--The National 
     Security Agency Act of 1959 (50 U.S.C. 402 note) is amended 
     by inserting after the first section the following new 
     section:
       ``Sec. 2. (a) There is a Director of the National Security 
     Agency.
       ``(b) The Director of the National Security Agency shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(c) The Director of the National Security Agency shall be 
     the head of the National Security Agency and shall discharge 
     such functions and duties as are provided by this Act or 
     otherwise by law.''.
       (b) Director of National Geospatial-Intelligence Agency.--
     Section 441(b) of title 10, United States Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Director of the National Geospatial-Intelligence 
     Agency shall be appointed by the President, by and with the 
     advice and consent of the Senate.''.
       (c) Director of National Reconnaissance Office.--The 
     Director of the National Reconnaissance Office shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       (d) Positions of Importance and Responsibility.--
       (1) Designation of positions.--The President may designate 
     any of the positions referred to in paragraph (2) as 
     positions of importance and responsibility under section 601 
     of title 10, United States Code.
       (2) Covered positions.--The positions referred to in this 
     paragraph are as follows:
       (A) The Director of the National Security Agency.
       (B) The Director of the National Geospatial-Intelligence 
     Agency.
       (C) The Director of the National Reconnaissance Office.
       (e) Effective Date and Applicability.--
       (1) In general.--The amendments made by subsections (a) and 
     (b), and subsection (c), shall take effect on the date of the 
     enactment of this Act and shall apply upon the earlier of--
       (A) the date of the nomination by the President of an 
     individual to serve in the position concerned, except that 
     the individual serving in such position as of the date of the 
     enactment of this Act may continue to perform such duties 
     after such date of nomination and until the individual 
     appointed to such position, by and with the advice and 
     consent of the Senate, assumes the duties of such position; 
     or
       (B) the date of the cessation of the performance of the 
     duties of such position by the individual performing such 
     duties as of the date of the enactment of this Act.
       (2) Positions of importance and responsibility.--Subsection 
     (d) shall take effect on the date of the enactment of this 
     Act.

     SEC. 433. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF 
                   NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR 
                   ANALYSIS AND DISSEMINATION OF CERTAIN 
                   INTELLIGENCE INFORMATION.

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

     SEC. 434. DEFENSE INTELLIGENCE AGENCY COUNTERINTELLIGENCE AND 
                   EXPENDITURES.

       Section 105 of the National Security Act of 1947 (50 U.S.C. 
     403-5) is amended--
       (1) in subsection (b)(5), by inserting ``and 
     counterintelligence'' after ``human intelligence'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Expenditure of Funds by the Defense Intelligence 
     Agency.--(1) The amounts made available to the Director of 
     the Defense Intelligence Agency for human intelligence and 
     counterintelligence activities may be expended for objects of 
     a confidential, extraordinary, or emergency nature, without 
     regard to the provisions of law or regulation relating to the 
     expenditure of Government funds, if accounted for by a 
     certificate made by Director of the Defense Intelligence 
     Agency. Each such certificate shall be deemed a sufficient 
     voucher for the amount certified.
       ``(2) Not later than December 1 of each year, the Director 
     of the Defense Intelligence Agency shall submit to the 
     congressional intelligence committees a report on any 
     expenditures made during the preceding fiscal year pursuant 
     to the authority described in paragraph (1).''.

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

[[Page 21784]]

     installments linked to completion of periods of service.'';
       (4) in subsection (d), by striking ``retention bonus'' and 
     inserting ``bonus paid under this section''; and
       (5) by striking subsection (e).

     SEC. 444. EXTENDING 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) is 
     amended by striking ``2009'' and inserting ``2011''; and
       (2) by striking the paragraph (2) enacted by section 
     2005(a)(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3704).
       (b) Federal Employees' Retirement 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) is 
     amended by striking ``2009'' and inserting ``2011''; and
       (2) by striking the paragraph (2) enacted by section 
     2005(b)(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3704).

     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 Bureau's National Security Branch;
       (B) a strategic plan for the National Security Branch; and
       (C) the progress made in advancing the capabilities of the 
     National Security Branch.
       (2) 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;
       (B) a description of the intelligence and national security 
     capabilities of the National Security Branch that will be 
     fully functional within the 5-year period beginning on the 
     date the report is submitted;
       (C) a description--
       (i) of the internal reforms that were carried out at the 
     National Security Branch during the 2-year period ending on 
     the date the report is submitted; and
       (ii) of the manner in which such reforms have advanced the 
     capabilities of the National Security Branch;
       (D) an assessment of the effectiveness of the National 
     Security Branch in performing tasks that are critical to the 
     effective functioning of the National Security Branch as an 
     intelligence agency, including--
       (i) human intelligence collection, both within and outside 
     the parameters of an existing case file or ongoing 
     investigation, in a manner that protects civil liberties;
       (ii) intelligence analysis, including the ability of the 
     National Security Branch to produce, and provide policy-
     makers with, information on national security threats to the 
     United States;
       (iii) management, including the ability of the National 
     Security Branch to manage and develop human capital and 
     implement an organizational structure that supports the 
     Branch's objectives and strategies;
       (iv) integration of the National Security Branch into the 
     intelligence community, including an ability to robustly 
     share intelligence and effectively communicate and operate 
     with appropriate Federal, State, local, and tribal partners;
       (v) implementation of an infrastructure that supports the 
     national security and intelligence missions of the National 
     Security Branch, including proper information technology and 
     facilities; and
       (vi) reformation of culture of the National Security 
     Branch, including its integration of intelligence analysts 
     and other professional staff into intelligence collection 
     operations and its success in ensuring that intelligence and 
     threat information drive its operations; and
       (E) performance metrics and specific annual timetables for 
     advancing the performance of the tasks referred to in clauses 
     (i) through (vi) of subparagraph (D) and a description of the 
     activities being undertaken to ensure that the National 
     Security Branch's performance on such tasks improves.
       (b) Annual Assessments.--
       (1) Requirement for assessments.--Not later than 180 days 
     after the date on which the report required by subsection 
     (a)(1) is submitted, and annually thereafter for each of the 
     following 5 years, the Director of National Intelligence, in 
     consultation with the Director of the Federal Bureau of 
     Investigation, shall submit to the congressional intelligence 
     committees an assessment of the progress of the National 
     Security Branch in performing the tasks referred to in 
     clauses (i) through (vi) of subsection (a)(2)(D) in 
     comparison to its performance of such tasks during previous 
     years.
       (2) 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 accomplishing such tasks referred to in 
     subsection (a)(2)(E); and
       (B) may request the assistance of any expert that the 
     Director considers appropriate, including an inspector 
     general of an appropriate agency or department.

 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:

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

       ``(a) Reorganization.--The Diplomatic Telecommunications 
     Service (hereinafter in this subtitle referred to as `DTS') 
     shall be reorganized in accordance with this subtitle.
       ``(b) In General.--The DTS encompasses the Diplomatic 
     Telecommunications Service Program Office (hereinafter in 
     this subtitle referred to as `DTS-PO') and the DTS Network. 
     The DTS Network is a worldwide telecommunications network 
     supporting all United States Government agencies and 
     departments operating from diplomatic and consular facilities 
     abroad.
       ``(c) Purposes.--The purpose and duties of DTS-PO is to 
     implement a program for the establishment and maintenance of 
     a DTS Network capable of providing multiple levels of service 
     to meet the wide-ranging needs of all United States 
     Government agencies and departments operating from diplomatic 
     and consular facilities abroad, including national security 
     needs for secure, reliable and robust communications 
     capabilities.

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

       ``(a) Governance Board.--
       ``(1) Establishment.--There is hereby established the 
     Diplomatic Telecommunications Service Governance Board 
     (hereinafter in this subtitle referred to as the `Governance 
     Board') for the purpose of directing and overseeing the 
     activities and performance of the DTS Program Office. The 
     heads of the departments and agencies, designated by the 
     Director of the Office of Management and Budget from among 
     the departments and agencies that use the DTS Network, shall 
     appoint the members of the Governance Board from the 
     personnel of those departments and agencies so designated.
       ``(2) Designation of an executive agent.--The Director of 
     the Office of Management and Budget shall also designate, 
     from among the departments and agencies that use the DTS 
     Network, the department or agency which shall be the DTS-PO 
     Executive Agent.
       ``(3) Requirement for implementing 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 DTS-PO. Such implementing arrangements may be 
     classified if appropriate in accordance with criteria 
     established by applicable law or Executive Orders.
       ``(b) Membership.--
       ``(1) In general.--
       ``(A) The Governance Board shall include voting members and 
     nonvoting members.
       ``(B) The voting members shall consist of a Chair, who 
     shall be designated by the Director of the Office of 
     Management and Budget, and four other members from the 
     departments and agencies that use the DTS Network.
       ``(C) The non-voting members shall be representative of DTS 
     customer organizations and shall act in an advisory capacity.
       ``(c) Chair Duties and Authorities.--The Governance Board 
     Chair shall preside over all meetings and deliberations of 
     the Governance Board and provide its Secretariat functions. 
     The Governance Board Chair shall propose bylaws governing the 
     operation of the Governance Board.
       ``(d) Quorum, Decisions, 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 three-fifths majority of the voting 
     membership. Meetings will be convened at least four times 
     each year to carry out its functions. The Chair or any voting 
     member may convene a meeting of the Governance Board.
       ``(e) Governance Board Duties and Authorities.--The 
     Governance Board shall have the following duties and 
     authorities with respect to DTS-PO, in addition to any

[[Page 21785]]

     other duties and authorities granted to the Board pursuant to 
     law:
       ``(1) To approve and monitor DTS-PO's plans, services, 
     priorities, policies, and pricing methodology for bandwidth 
     costs and customer-driven projects.
       ``(2) To recommend to the DTS-PO Executive Agent the 
     Governance Board's approval, disapproval, or modification of 
     DTS-PO's annual budget requests.
       ``(3) To review DTS-PO's performance against approved 
     plans, its management activities and internal controls.
       ``(4) To require from DTS-PO any plans, reports, documents 
     and records the Governance Board considers necessary to 
     perform its oversight responsibilities.
       ``(5) To conduct and evaluate independent audits of DTS-PO.
       ``(6) To approve or disapprove the Executive Agent's 
     nomination of the Director of DTS-PO with a three-fifths 
     majority vote of the Governance Board.
       ``(7) To recommend to the Executive Agent the replacement 
     of the Director of DTS-PO with a three-fifths majority vote 
     of the Governance Board.
       ``(f) National Security 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 TELECOMMUNICATION 
                   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 
     DTS-PO. Funds appropriated for allocation to DTS-PO shall be 
     made available to DTS-PO for a period of two fiscal years.
       ``(b) Customer Fees.--DTS-PO shall charge customers for 
     only those bandwidth costs attributable to the agency or 
     department and for specific customer-driven projects, as set 
     forth in section 322(e)(1), for which amounts have not been 
     appropriated for allocation to DTS-PO. DTS-PO is authorized 
     to directly receive customer payments and to invoice 
     customers for the fees under this section either in advance 
     of, or upon or after, providing the bandwidth or performing 
     the specific customer-driven projects. Such funds received 
     from DTS customers shall be made available to DTS-PO for a 
     period of two fiscal years.''.
       (2) Table of contents amendment.--The table of contents in 
     section 1 of the Intelligence Authorization Act for Fiscal 
     Year 2001 (Public Law 106-567) is amended by striking the 
     items relating to sections 321, 322, 323, and 324 and 
     inserting the following:

``Sec. 321. Diplomatic Telecommunications Service Program Office.
``Sec. 322. Establishment of the Diplomatic Telecommunications Service 
              Governance Board.
``Sec. 323. Funding of the Diplomatic Telecommunication Service.''.
       (b) Conforming Amendments.--
       (1) Repeal of suspension of reorganization.--The 
     Intelligence Authorization Act for Fiscal Year 2002 (Public 
     Law 107-108; 22 U.S.C. 7301 note) is amended by striking 
     section 311.
       (2) Repeal of reform.--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.
       (3) Repeal of reporting requirements.--Section 507(b) of 
     the National Security Act of 1947 (50 U.S.C. 415b(b)) is 
     amended--
       (A) by striking paragraph (3); and
       (B) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (3), (4), and (5), respectively.

     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) 2005 national intelligence strategy.--The term ``2005 
     National Intelligence Strategy'' means the National 
     Intelligence Strategy of the United States of America 
     released by the Director of National Intelligence on October 
     26, 2005.
       (2) 2006 annual report of the united states intelligence 
     community and 2006 annual report.--The terms ``2006 Annual 
     Report of the United States Intelligence Community'' and 
     ``2006 Annual Report'' mean the 2006 Annual Report of the 
     United States Intelligence Community released by the Director 
     of National Intelligence in February 2007.
       (3) Commission.--The term ``Commission'' means the Foreign 
     Intelligence and Information Commission established in 
     section 604(a).
       (4) 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).
       (5) Information.--The term ``information'' includes 
     information of relevance to the foreign policy of the United 
     States collected and conveyed through diplomatic reporting 
     and other reporting by personnel of the Government of the 
     United States who are not employed by an element of the 
     intelligence community, including public and open-source 
     information.
       (6) Strategic plan of the department of state.--The term 
     ``Strategic Plan of the Department of State'' means the 
     Strategic Plan for Fiscal Years 2007-2012 of the Department 
     of State and the United States Agency for International 
     Development revised on May 7, 2007.

     SEC. 603. FINDINGS.

       Congress makes the following findings:
       (1) Accurate, timely, and comprehensive foreign 
     intelligence and information are critical to the national 
     security of United States and the furtherance of the foreign 
     policy goals of the United States.
       (2) It is in the national security and foreign policy 
     interest of the United States to ensure the global deployment 
     of personnel of the Government of the United States who are 
     responsible for collecting and reporting foreign intelligence 
     and information, including personnel from the intelligence 
     community, the Department of State, and other agencies and 
     departments of the Government of the United States, and that 
     adequate resources are committed to effect such collection 
     and reporting.
       (3) The 2005 National Intelligence Strategy and the 2006 
     Annual Report of the United States Intelligence Community 
     identified 5 major missions of the intelligence community to 
     support the national security requirements of the United 
     States, the first 2 of which, defeating terrorism and 
     preventing and countering the spread of weapons of mass 
     destruction, are global and transnational in nature.
       (4) The third major mission identified by the 2005 National 
     Intelligence Strategy and the 2006 Annual Report, bolstering 
     the growth of democracy and sustaining peaceful democratic 
     states, requires a global commitment of collection, 
     reporting, and analytical capabilities.
       (5) The 2005 National Intelligence Strategy and the 2006 
     Annual Report identify as a major mission the need to 
     ``anticipate developments of strategic concern and identify 
     opportunities as well as vulnerabilities for decision 
     makers''.
       (6) The 2006 Annual Report provides the following:
       (A) ``In a world in which developments in distant reaches 
     of the globe can quickly affect American citizens and 
     interests at home and abroad, the Intelligence Community must 
     alert policy makers to problems before they escalate and 
     provide insights into their causes and effects. Analysis must 
     do more than just describe what is happening and why; it must 
     identify a range of opportunities for (and likely 
     consequences of) diplomatic, military, law enforcement, 
     economic, financial, or homeland security action. To support 
     policymakers, the Intelligence Community should develop, 
     sustain, and maintain access to expertise on every region, 
     every transnational security issue, and every threat to the 
     American people.''.
       (B) ``We still need to re-balance, integrate, and optimize 
     collection capabilities to meet current and future customer 
     and analytic priorities. Collection is . . . what gives the 
     [Intelligence Community] its `competitive advantage' in 
     protecting the United States and its interests.''.
       (C) ``One challenge to improving the coverage of emerging 
     and strategic issues across the Intelligence Community has 
     been the diversion of resources to current crisis support . . 
     .''.
       (D) ``Collection against terrorists in places like Iraq and 
     Afghanistan took a substantial share of the [Intelligence 
     Community's] resources and efforts in FY 2006.''.
       (E) ``With so many [Intelligence Community] resources 
     dedicated to the War on Terror and WMD programs in closed 
     regimes, the [Intelligence] Community's collection efforts 
     still have to devote significant attention to potential or 
     emerging threats of strategic consequence.''.
       (7) On January 23, 2007, the Deputy Director of National 
     Intelligence for Collection testified to the Select Committee 
     on Intelligence of the Senate that there is a ``need to get 
     the Intelligence Community back to what I grew up calling 
     global reach'', stating that ``we don't have that today''. 
     She further testified that ``our challenge is . . . with 
     [Congress] help [to get back] to a place where we can do 
     global reach, and pay attention to places that we are not.''.
       (8) On February 14, 2008, the Director of National 
     Intelligence testified to the Select Committee on 
     Intelligence of the Senate that ``certainly current crisis 
     support takes a disproportionate share'' of intelligence 
     resources over emerging and strategic issues.
       (9) In responses to questions posed by the Select Committee 
     on Intelligence of the Senate in advance of the February 5, 
     2009 hearing on the nomination of Leon Panetta to be Director 
     of the Central Intelligence Agency, Mr. Panetta stated that 
     ``I am also concerned that we have not devoted sufficient 
     resources to a broader set of national intelligence 
     challenges - such as Russia, China,

[[Page 21786]]

     the global economic downturn, as well as unstable and weak 
     governments in places such as Africa and Latin America.''.
       (10) On February 12, 2009, the Director of National 
     Intelligence testified to the Select Committee on 
     Intelligence of the Senate that ``I'd say the most 
     significant gaps are the areas that are not traditional state 
     threats, that we have not figured out the right way to 
     collect information and we have not grown the analysts to do 
     it. . .. We're not as good with non-state actors.''.
       (11) On March 26, 2009, the Director of National 
     Intelligence stated that ``We re-evaluate that National 
     Intelligence Priority Framework formally ever six months and 
     informally, as we have. And its quite remarkable, if you - 
     you know those time-lapse pictures where things change? If 
     you showed a time-lapse picture of that National Intelligence 
     Priority Framework, you'd see, sort of, colors shifting over 
     time as things came up, in terms of their threat or in terms 
     of an opportunity that they - so I just, I think it's a 
     mistake to tie us down to, this is my important priority. 
     There are enduring things we have to spend a lot of time on 
     because you can't instantly generate intelligence about a 
     country that's very good at keeping its secrets that you know 
     is going to be a factor for a long time. And we have to work 
     on those - we have to work on those every time. We have to 
     keep an excellent baseline understanding of what's going on 
     in the world, but then we need to be able to flex.''.
       (12) The National Commission on Terrorist Attacks Upon the 
     United States (hereinafter referred to as the ``9/11 
     Commission'') reported that ``To find sanctuary, terrorist 
     organizations have fled to some of the least governed, most 
     lawless places in the world. The intelligence community has 
     prepared a world map that highlights possible terrorist 
     havens, using no secret intelligence - just indicating areas 
     that combine rugged terrain, weak governance, room to hide or 
     receive supplies, and low population density with a town or 
     city near enough to allow necessary interaction with the 
     outside world. Large areas scattered around the world meet 
     these criteria.''.
       (13) The 9/11 Commission recommended that the ``U.S. 
     government must identify and prioritize actual or potential 
     terrorist sanctuaries. For each, it should have a realistic 
     strategy to keep possible terrorists insecure and on the run, 
     using all elements of national power. We should reach out, 
     listen to, and work with other countries that can help.''.
       (14) On May 6, 2008, the Acting Director of the National 
     Counterterrorism Center testified to the Select Committee on 
     Intelligence of the Senate that ``I wish I had more resources 
     to dedicate to longer-term threats, absolutely,'' that ``much 
     of the information about the instability that can lead to 
     safe havens or ideological radicalization comes not from 
     covert collection but from open collection, best done by 
     Foreign Service officers,'' and that there should be ways to 
     direct resources toward whoever is best positioned to learn 
     about safe-haven conditions.
       (15) On November 1, 2005, the Director of National 
     Intelligence Open Source Center was established with 
     functions that ``include collection, analysis and research, 
     training, and information technology management to facilitate 
     government-wide access and use'' of openly available 
     information.
       (16) The Strategic Plan of the Department of State provides 
     as a strategic goal that ``Our diplomatic and development 
     activities will reduce the threat or impact of violent 
     conflict by developing early warning . . . capability.''.
       (17) On January 22, 2009, James Steinberg, a nominee to be 
     Deputy Secretary of State, testified to the Committee on 
     Foreign Relations of the Senate that ``if we're going to be 
     effective in this move towards smart power, then we have to 
     understand how we reprioritize our resources to be able to 
     achieve that. . . If we only think about the crisis of the 
     moment, then we're not prepared as new challenges emerge. And 
     we've seen this time and time again, that issues that were 
     not immediately on the radar screen don't get the attention 
     they deserve. . .. So the idea of looking forward and trying 
     to figure out over the long term where our priorities need to 
     be, how do we anticipate some of these challenges, and then 
     judge how we have sort of assigned resources to take care of 
     not only those current needs but also those long-term 
     challenges I think has to be very important and part of a 
     strategic planning strategy. . . although we have a very 
     strong intelligence community, that there is a tremendous 
     resource of people who've lived and worked out in the 
     countries that we're dealing with and that, for a variety of 
     reasons, the intelligence community is not always the best 
     equipped to do that. They bring their own special skills. But 
     the Foreign Service officers, and also people from outside 
     the government, are enormous sources of information and 
     value. And we need to find better ways, in my judgment, to 
     have more contact with people in the private sector, from the 
     NGOs, from the business community, from universities and the 
     like, as part of our being able to touch and feel what's 
     going on the ground.''.
       (18) On January 22, 2009, Jacob Lew, a nominee to be Deputy 
     Secretary of State, testified to the Committee on Foreign 
     Relations of the Senate that ``I believe strongly that 
     resources have to follow priorities. The decision of where we 
     need to be and what kinds of skills we need have to fit into 
     a comprehensive strategy. . .. We need to work with our other 
     Cabinet agency partners. There are 20 government agencies 
     that have resources that work in or through our embassies. We 
     don't need to recreate the wheel; we need to cooperate with 
     each other and make sure that we have enough Foreign Service, 
     civil service and locally engaged staff so that we can 
     effectively coordinate the efforts that the United States 
     puts on the ground. I think that it all begins with the 
     strategic planning process. If we don't have a clear vision 
     of what we need and what we want, were not going to be able 
     to make the right resource allocation decisions. And we have 
     to be able to look beyond this week, next week, or even next 
     year. . .. We need to reach not just into the building but 
     all the way into the field and make it clear that we have 
     every intention of bringing the resources of the State 
     Department to bear as we deal with these kinds of problems 
     and challenges abroad, that we have knowledge in our 
     embassies, in our consulates, about a range of issues, not 
     just political issues -- economic issues, scientific issues, 
     cultural issues -- that give us the broadest understanding of 
     what's going on in an increasingly global world.''.
       (19) The Legal Attache offices and sub-offices of the 
     Federal Bureau of Investigation are currently located in 75 
     cities around the world, providing coverage for more than 200 
     countries, territories, and islands.
       (20) On October 4, 2007, Thomas V. Fuentes, Assistant 
     Director of the Federal Bureau of Investigation for Office of 
     International Operations, testified to the Subcommittee on 
     Border, Maritime, and Global Counterterrorism of the 
     Committee on Homeland Security of the House of 
     Representatives that the ``core mission'' of the Legal 
     Attache offices ``is to establish and maintain liaison with 
     principal law enforcement and security services in designated 
     foreign countries. . . enabl[ing] the FBI to effectively and 
     expeditiously conduct its responsibilities in combating 
     international terrorism, organized crime, cyber crime, and 
     general criminal matters,'' and that while ``they do not 
     conduct foreign intelligence gathering,'' ``typical duties'' 
     include . . . ``conducting investigations in coordination 
     with the host government; sharing investigative leads and 
     information; briefing Embassy counterparts from other 
     agencies, including law enforcement agencies, as appropriate, 
     and Ambassadors. . . providing situation reports concerning 
     cultural protocol; [and] assessing political and security 
     climates.''.
       (21) The July 2008 Preliminary Findings by the Project on 
     National Security Reform, entitled ``Enduring Security in an 
     Unpredictable World: the Urgent Need for National Security 
     Reform,'' included the following:
       (A) The lack of a national security strategy that clearly 
     links ends, ways, and means and assigned roles and 
     responsibilities to each department has encouraged a 
     proliferation of department-level strategies. These 
     department strategies are uncoordinated and do not 
     systematically generate capabilities required for national 
     objectives
       (B) The resource allocation process is not driven by any 
     overall national plan or strategy for achieving broad 
     objectives, and the results or effectiveness of the budgeting 
     process cannot be measured against such objectives.
       (C) The national security system tends to overemphasize 
     traditional security threats and under emphasize emerging 
     challenges.

     SEC. 604. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.

       (a) Establishment.--There is established in the legislative 
     branch a Foreign Intelligence and Information Commission.
       (b) Functions.--The Commission shall--
       (1) evaluate any current processes or systems for the 
     strategic integration of the intelligence community, 
     including the Open Source Center, and other elements of the 
     United States Government, including the Department of State, 
     with regard to the collection, reporting and analysis of 
     foreign intelligence and information;
       (2) provide recommendations to improve or develop such 
     processes or systems to include the development of an inter-
     agency strategy that identifies--
       (A) the collection, reporting, and analysis requirements of 
     the United States Government;
       (B) the elements of the United States Government best 
     positioned to meet collection and reporting requirements;
       (C) collection and reporting missions for the intelligence 
     community and other elements of the United States Government 
     based on the requirements of the United States Government, 
     comparative institutional advantages, and other relevant 
     factors;
       (D) analytical capabilities needed to achieve the 
     requirements of the United States Government; and
       (E) inter-agency budget and resource allocations necessary 
     to achieve such collection, reporting, and analytical 
     requirements;
       (3) evaluate the extent to which current intelligence 
     collection, reporting, and analysis

[[Page 21787]]

     strategies are aimed at providing global coverage and 
     anticipating future threats, challenges, and crises;
       (4) provide recommendations on how to incorporate into the 
     inter-agency strategy the means to anticipate future threats, 
     challenges, and crises, including by identifying and 
     supporting collection, reporting, and analytical capabilities 
     which are global in scope and which are directed at emerging, 
     long-term, and strategic targets;
       (5) provide recommendations on strategies for sustaining 
     human and budgetary resources to effect the global collection 
     and reporting missions identified in the inter-agency 
     strategy, including the prepositioning of collection and 
     reporting capabilities;
       (6) provide recommendations for developing, clarifying, 
     and, if necessary, bolstering current and future collection 
     and reporting roles and capabilities of elements of the 
     United States Government outside the intelligence community 
     deployed overseas;
       (7) provide recommendations related to the role of 
     individual country missions in contributing to the inter-
     agency strategy;
       (8) evaluate the extent to which the establishment of new 
     embassies and out-of-embassy posts are able to contribute to 
     expanded global coverage and increased collection and 
     reporting and provide recommendations related to the 
     establishment of new embassies and out-of-embassy posts;
       (9) provide recommendations related to the establishment of 
     any new executive branch entity, or the expansion of the 
     authorities of any existing executive branch entity, as 
     needed to improve the strategic integration described in 
     paragraph (1) and develop and oversee the implementation of 
     the inter-agency strategy;
       (10) provide recommendations on any legislative changes 
     necessary to establish any new entity or to expand the 
     authorities of any existing entity, as described in paragraph 
     (9);
       (11) provide recommendations on processes for developing 
     and presenting to Congress budget requests for each relevant 
     element of the United States Government that reflect the 
     allocations identified in the inter-agency strategy and for 
     congressional oversight of the development and implementation 
     of the strategy; and
       (12) provide recommendations on any institutional reforms 
     related to the collection and reporting roles of individual 
     elements of the United States Government outside the 
     intelligence community, as well as any budgetary, 
     legislative, or other changes needed to achieve such reforms.

     SEC. 605. 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 private citizens; and
       (ii) have--

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

       (B) Diversity of experience.--The individuals appointed to 
     the Commission should be selected with a view to establishing 
     diversity of experience with regard to various geographic 
     regions, functions, and issues.
       (3) Time of appointment.--The appointments under subsection 
     (a) shall be made not later than 60 days after the date of 
     the enactment of this Act.
       (4) Term of appointment.--Members shall be appointed for 
     the life of the Commission.
       (5) Vacancies.--Any vacancy of the Commission shall not 
     affect the powers of the Commission and shall be filled in 
     the manner in which the original appointment was made.
       (6) Chair.--The members of the Commission shall designate 1 
     of the voting members to serve as the chair of the 
     Commission.
       (7) Quorum.--Six members of the Commission shall constitute 
     a quorum for purposes of transacting the business of the 
     Commission.
       (8) Meetings.--The Commission shall meet at the call of the 
     chair and shall meet regularly, not less than once every 3 
     months, during the life of the Commission.
       (b) Staff.--
       (1) In general.--The chair of the Commission may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and, in consultation with the 
     executive director, appoint and terminate such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties. In addition to the 
     executive director and 1 full-time support staff for the 
     executive director, there shall be additional staff with 
     relevant intelligence and foreign policy experience to help 
     support the Commission's work.
       (2) Selection of the executive director.--The executive 
     director shall be selected with the approval of a majority of 
     the members of the Commission.
       (3) Compensation.--
       (A) Executive director.--The executive director shall be 
     compensated at the rate payable for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.
       (B) Staff.--The chair of the Commission may fix the 
     compensation of other staff of the Commission without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of title 5, United States Code, relating to classification 
     of positions and General Schedule pay rates, except that the 
     rate of pay for such personnel may not exceed the rate 
     payable for level IV of the Executive Schedule under section 
     5315 of such title.
       (c) Experts and Consultants.--This Commission is authorized 
     to procure temporary or intermittent services of experts and 
     consultants as necessary to the extent authorized by section 
     3109 of title 5, United States Code, at rates not to exceed 
     the maximum annual rate of basic pay payable under section 
     5376 of such title.
       (d) Staff and Services of Other Agencies or Department of 
     the United States.--Upon the request of the Commission, the 
     head of an agency or department of the United States may 
     detail, on a reimbursable or nonreimbursable basis, any of 
     the personnel of that department or agency to the Commission 
     to assist it in carrying out this title. The detail of any 
     such personnel shall be without interruption or loss of civil 
     service or Foreign Service status or privilege.
       (e) Security Clearance.--The appropriate agencies or 
     departments of the United States shall cooperate with the 
     Commission in expeditiously providing to the members and 
     staff of the Commission appropriate security clearances to 
     the extent possible pursuant to existing procedures and 
     requirements.

     SEC. 606. POWERS AND DUTIES OF THE COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission may, for the 
     purpose of carrying out this title--
       (A) hold hearings, sit and act at times and places in the 
     United States and in countries in which the United States has 
     a diplomatic presence, take testimony, and receive evidence 
     as the Commission considers advisable to carry out this 
     title; and
       (B) subject to subsection (b)(1), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission considers 
     necessary.
       (b) Subpoenas.--
       (1) Issuance.--
       (A) In general.--A subpoena may be issued under this 
     section only--
       (i) by the agreement of the chair of the Commission; and
       (ii) by the affirmative vote of 5 members of the 
     Commission.
       (B) Signature.--Subject to subparagraph (A), subpoenas 
     issued under this section may be issued under the signature 
     of the chair or any member designated by a majority of the 
     Commission and may be served by any person designated by the 
     chair or by a member designated by a majority of the 
     Commission.
       (2) Enforcement.--
       (A) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under this section, the United States 
     district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (B) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102, 103, or 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192, 193, and 194).
       (c) Information From Federal Agencies.--The Commission may 
     secure directly from any agency or department of the United 
     States such information as the Commission considers necessary 
     to carry out this

[[Page 21788]]

     title. Upon request of the chair of the Commission, the head 
     of such agency or department shall furnish such information 
     to the Commission, subject to applicable law.
       (d) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as an agency or department of the United States.
       (e) Administrative 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.
       (f) Administrative Procedures.--The Commission may adopt 
     such rules and regulations, relating to administrative 
     procedure, as may be reasonably necessary to enable it to 
     carry out this title.
       (g) 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.
       (h) Gifts.--No member of the Commission may receive a gift 
     or benefit by reason of such member's service on the 
     Commission.

     SEC. 607. REPORT OF THE COMMISSION.

       (a) In General.--
       (1) Interim report.--Not later than 1 year after the 
     members of the Commission are appointed under section 5(a), 
     the Commission shall submit an interim report to the 
     congressional intelligence committees setting forth the 
     preliminary findings and recommendations of the Commission 
     described in section 604(b).
       (2) Final report.--Not later than 4 months after the 
     submission of the report required by paragraph (1), the 
     Commission shall submit a final report setting forth the 
     final findings and recommendations of the Commission 
     described in section 604(b) to the following:
       (A) The President.
       (B) The Director of National Intelligence.
       (C) The Secretary of State.
       (D) The congressional intelligence committees.
       (E) The Committee on Foreign Relations of the Senate.
       (F) The Committee on Foreign Affairs of the House of 
     Representatives.
       (b) Individual or Dissenting Views.--Each member of the 
     Commission may include that member's dissenting views in a 
     report required by paragraph (1) or (2) of subsection (a).
       (c) Form of Report.--The reports required by paragraphs (1) 
     and (2) of subsection (a), including any finding or 
     recommendation of such report, shall be submitted in both an 
     unclassified and a classified form.

     SEC. 608. TERMINATION.

       The Commission shall terminate 60 days after the submission 
     of the report required by section 607(a)(2).

     SEC. 609. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

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

     SEC. 610. FUNDING.

       (a) Transfer From the National Intelligence Program.--Of 
     the amounts available for the National Intelligence Program 
     for fiscal year 2010, $4,000,000 shall be available for 
     transfer to the Commission to carry out this title.
       (b) Availability.--The amounts made available to the 
     Commission pursuant to subsection (a) shall remain available 
     until the termination of the Commission.

                    TITLE VII--TECHNICAL AMENDMENTS

     SEC. 701. 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. 702. 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. 703. 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. 704. 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. 705. 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) 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

[[Page 21789]]

     Defense Authorization Act for Fiscal Year 1991 (Public Law 
     101-510; 104 Stat. 1485) is amended by striking the item 
     relating to section 1403 and inserting the following:

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

     SEC. 706. 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''.

     SEC. 707. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

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

     SEC. 708. 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. 709. 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. 710. 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)).''.

                          ____________________