    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-259
    111th Congress

    An Act

    To authorize appropriations for fiscal year 2010 for intelligence and
    intelligence-related activities of the United States Government, the
    Community Management Account, and the Central Intelligence Agency
    Retirement and Disability System, and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence
    Authorization Act for Fiscal Year 2010''.
    (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Definitions.

    TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

    Sec. 101. Authorization of appropriations.
    Sec. 102. Restriction on conduct of intelligence activities.
    Sec. 103. Budgetary provisions.

    TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

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

    TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

    Subtitle A--Personnel Matters

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

    Subtitle B--Education Programs

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

    Subtitle C--Acquisition Matters

    Sec. 321. Vulnerability assessments of major systems.
    Sec. 322. Intelligence community business system transformation.
    Sec. 323. Reports on the acquisition of major systems.
    Sec. 324. Critical cost growth in major systems.
    Sec. 325. Future budget projections.

    [[Page 2655]]

    Sec. 326. National Intelligence Program funded acquisitions.

    Subtitle D--Congressional Oversight, Plans, and Reports

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

    Subtitle E--Other Matters

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

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

    Subtitle A--Office of the Director of National Intelligence

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

    Subtitle B--Central Intelligence Agency

    Sec. 421. Additional functions and authorities for protective personnel
    of the Central Intelligence Agency.

    [[Page 2656]]

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

    Subtitle C--Defense Intelligence Components

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

    Subtitle D--Other Elements

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

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

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

    TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT

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

    TITLE VII--OTHER MATTERS

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

    TITLE VIII--TECHNICAL AMENDMENTS

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

    SEC. 2. <> DEFINITIONS.

    In this Act:
    (1) Congressional intelligence committees.--The term
    ``congressional intelligence committees'' means--

    [[Page 2657]]

    (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.

    For the purposes of section 504 of the National Security Act of 1947
    (50 U.S.C. 414), appropriated funds available to an intelligence agency
    may be obligated or expended for an intelligence or intelligence-related
    activity as appropriated for fiscal year 2010, as modified by such
    reprogramming and transfers of funds authorized by and reported to the
    appropriate congressional committees.
    SEC. 102. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed
    to constitute authority for the conduct of any intelligence activity
    that is not otherwise authorized by the Constitution or the laws of the
    United States.
    SEC. 103. BUDGETARY PROVISIONS.

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

    TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

    SEC. 201. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION
    OF THE CENTRAL INTELLIGENCE AGENCY
    RETIREMENT ACT.

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

    [[Page 2658]]

    TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

    Subtitle A--Personnel Matters

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

    Appropriations authorized by this Act for salary, pay, retirement,
    and other benefits for Federal employees may be increased by such
    additional or supplemental amounts as may be necessary for increases in
    such compensation or benefits authorized by law.
    SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO
    ELEMENTS OF THE INTELLIGENCE COMMUNITY.

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

    ``detail of other personnel

    ``Sec. 113A.  <> Except as provided in section
    904(g)(2) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C.
    402c(g)(2)) and section 113 of this Act, and notwithstanding any other
    provision of law, an officer or employee of the United States or member
    of the Armed Forces may be detailed to the staff of an element of the
    intelligence community funded through the National Intelligence Program
    from another element of the intelligence community or from another
    element of the United States Government on a reimbursable or
    nonreimbursable basis, as jointly agreed to by the head of the receiving
    element and the head of the detailing element, for a period not to
    exceed 2 years.''.

    (b) Table of Contents Amendment.--The table of contents in the first
    section of such Act is amended by inserting after the item relating to
    section 113 the following new item:

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

    SEC. 303. PAY AUTHORITY FOR CRITICAL POSITIONS.

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

    [[Page 2659]]

    ``(2) Authority under this subsection may be granted or exercised
    only--
    ``(A) with respect to a position that requires an extremely
    high level of expertise and is critical to successful
    accomplishment of an important mission; and
    ``(B) to the extent necessary to recruit or retain an
    individual exceptionally well qualified for the position.

    ``(3) The head of a department or agency may not fix a rate of basic
    pay under this subsection at a rate greater than the rate payable for
    level II of the Executive Schedule under section 5313 of title 5, United
    States Code, except upon written approval of the Director of National
    Intelligence or as otherwise authorized by law.
    ``(4) The head of a department or agency may not fix a rate of basic
    pay under this subsection at a rate greater than the rate payable for
    level I of the Executive Schedule under section 5312 of title 5, United
    States Code, except upon written approval of the President in response
    to a request by the Director of National Intelligence or as otherwise
    authorized by law.
    ``(5) Any grant of authority under this subsection for a position
    shall terminate at the discretion of the Director of National
    Intelligence.
    ``(6)(A) <> The Director of
    National Intelligence shall notify the congressional intelligence
    committees not later than 30 days after the date on which the Director
    grants authority to the head of a department or agency under this
    subsection.

    ``(B) The head of a department or agency to which the Director of
    National Intelligence grants authority under this subsection shall
    notify the congressional intelligence committees and the Director of the
    exercise of such authority not later than 30 days after the date on
    which such head exercises such authority.''.
    SEC. 304. AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL
    INTELLIGENCE SERVICE.

    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1),
    as amended by section 303 of this Act, is further amended by adding at
    the end the following new subsection:
    ``(t) Award of Rank to Members of the Senior National Intelligence
    Service.--(1) The President, based on the recommendation of the Director
    of National Intelligence, may award a rank to a member of the Senior
    National Intelligence Service or other intelligence community senior
    civilian officer not already covered by such a rank award program in the
    same manner in which a career appointee of an agency may be awarded a
    rank under section 4507 of title 5, United States Code.
    ``(2) The President may establish procedures to award a rank under
    paragraph (1) to a member of the Senior National Intelligence Service or
    a senior civilian officer of the intelligence community whose identity
    as such a member or officer is classified information (as defined in
    section 606(1)).''.
    SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
    COMMUNITY.

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

    [[Page 2660]]

    ``annual personnel level assessments for the intelligence community

    ``Sec. 506B.  <> (a) Requirement To Provide.--
    The Director of National Intelligence shall, in consultation with the
    head of each element of the intelligence community, prepare an annual
    personnel level assessment for such element that assesses the personnel
    levels for such element for the fiscal year following the fiscal year in
    which the assessment is submitted.

    ``(b) Schedule.--Each assessment required by subsection (a) shall be
    submitted to the congressional intelligence committees each year at the
    time that the President submits to Congress the budget for a fiscal year
    pursuant to section 1105 of title 31, United States Code.
    ``(c) Contents.--Each assessment required by subsection (a)
    submitted during a fiscal year shall contain the following information
    for the element of the intelligence community concerned:
    ``(1) The budget submission for personnel costs for the
    upcoming fiscal year.
    ``(2) The dollar and percentage increase or decrease of such
    costs as compared to the personnel costs of the current fiscal
    year.
    ``(3) The dollar and percentage increase or decrease of such
    costs as compared to the personnel costs during the prior 5
    fiscal years.
    ``(4) The number of full-time equivalent positions that is
    the basis for which personnel funds are requested for the
    upcoming fiscal year.
    ``(5) The numerical and percentage increase or decrease of
    the number referred to in paragraph (4) as compared to the
    number of full-time equivalent positions of the current fiscal
    year.
    ``(6) The numerical and percentage increase or decrease of
    the number referred to in paragraph (4) as compared to the
    number of full-time equivalent positions during the prior 5
    fiscal years.
    ``(7) The best estimate of the number and costs of core
    contract personnel to be funded by the element for the upcoming
    fiscal year.
    ``(8) The numerical and percentage increase or decrease of
    such costs of core contract personnel as compared to the best
    estimate of the costs of core contract personnel of the current
    fiscal year.
    ``(9) The numerical and percentage increase or decrease of
    such number and such costs of core contract personnel as
    compared to the number and cost of core contract personnel
    during the prior 5 fiscal years.
    ``(10) A justification for the requested personnel and core
    contract personnel levels.
    ``(11) The best estimate of the number of intelligence
    collectors and analysts employed or contracted by each element
    of the intelligence community.
    ``(12) A statement by the Director of National Intelligence
    that, based on current and projected funding, the element
    concerned will have sufficient--
    ``(A) internal infrastructure to support the
    requested personnel and core contract personnel levels;

    [[Page 2661]]

    ``(B) training resources to support the requested
    personnel levels; and
    ``(C) funding to support the administrative and
    operational activities of the requested personnel
    levels.''.

    (b) <>  Applicability Date.--The first
    assessment required to be submitted under section 506B(b) of the
    National Security Act of 1947, as added by subsection (a), shall be
    submitted to the congressional intelligence committees at the time that
    the President submits to Congress the budget for fiscal year 2012
    pursuant to section 1105 of title 31, United States Code.

    (c) Table of Contents Amendment.--The table of contents in the first
    section of such Act, as amended by section 302 of this Act, is further
    amended by inserting after the item relating to section 506A the
    following new item:

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

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

    Section 102A(e) of the National Security Act of 1947 (50 U.S.C. 403-
    1(e)) is amended by--
    (1) redesignating paragraph (3) as paragraph (4); and
    (2) inserting after paragraph (2) the following new
    paragraph:

    ``(3)(A) In addition to the number of full-time equivalent positions
    authorized for the Office of the Director of National Intelligence for a
    fiscal year, there is authorized for such Office for each fiscal year an
    additional 100 full-time equivalent positions that may be used only for
    the purposes described in subparagraph (B).
    ``(B) Except as provided in subparagraph (C), the Director of
    National Intelligence may use a full-time equivalent position authorized
    under subparagraph (A) only for the purpose of providing a temporary
    transfer of personnel made in accordance with paragraph (2) to an
    element of the intelligence community to enable such element to increase
    the total number of personnel authorized for such element, on a
    temporary basis--
    ``(i) during a period in which a permanent employee of such
    element is absent to participate in critical language training;
    or
    ``(ii) to accept a permanent employee of another element of
    the intelligence community to provide language-capable services.

    ``(C) Paragraph (2)(B) shall not apply with respect to a transfer of
    personnel made under subparagraph (B).
    ``(D) <>  The Director of National Intelligence
    shall submit to the congressional intelligence committees an annual
    report on the use of authorities under this paragraph. Each such report
    shall include a description of--
    ``(i) the number of transfers of personnel made by the
    Director pursuant to subparagraph (B), disaggregated by each
    element of the intelligence community;
    ``(ii) the critical language needs that were fulfilled or
    partially fulfilled through the use of such transfers; and
    ``(iii) the cost to carry out subparagraph (B).''.

    [[Page 2662]]

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

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

    Subtitle B--Education Programs

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

    (a) Permanent Authorization.--Subtitle C of title X of the National
    Security Act of 1947 (50 U.S.C. 441m et seq.) is amended by adding at
    the end the following new section:

    ``program on recruitment and training

    ``Sec. 1022.  <> (a) Program.--(1) The
    Director of National Intelligence shall carry out a program to ensure
    that selected students or former students are provided funds to continue
    academic training, or are reimbursed for academic training previously
    obtained, in areas of specialization that the Director, in consultation
    with the other heads of the elements of the intelligence community,
    identifies as areas in which the current capabilities of the
    intelligence community are deficient or in which future capabilities of
    the intelligence community are likely to be deficient.

    ``(2) A student or former student selected for participation in the
    program shall commit to employment with an element of the intelligence
    community, following completion of appropriate academic training, under
    such terms and conditions as the Director considers appropriate.
    ``(3) The program shall be known as the Pat Roberts Intelligence
    Scholars Program.
    ``(b) Elements.--In carrying out the program under subsection (a),
    the Director shall--
    ``(1) establish such requirements relating to the academic
    training of participants as the Director considers appropriate
    to ensure that participants are prepared for employment as
    intelligence professionals; and
    ``(2) periodically review the areas of specialization of the
    elements of the intelligence community to determine the areas in
    which such elements are, or are likely to be, deficient in
    capabilities.

    [[Page 2663]]

    ``(c) Use of Funds.--Funds made available for the program under
    subsection (a) shall be used--
    ``(1) to provide a monthly stipend for each month that a
    student is pursuing a course of study;
    ``(2) to pay the full tuition of a student or former student
    for the completion of such course of study;
    ``(3) to pay for books and materials that the student or
    former student requires or required to complete such course of
    study;
    ``(4) to pay the expenses of the student or former student
    for travel requested by an element of the intelligence community
    in relation to such program; or
    ``(5) for such other purposes the Director considers
    reasonably appropriate to carry out such program.''.

    (b) Conforming Amendments.--
    (1) Table of contents amendment.--The table of contents in
    the first section of such Act, as amended by section 305 of this
    Act, is further amended--
    (A) by transferring the item relating to section
    1002 so such item immediately follows the item relating
    to section 1001; and
    (B) by inserting after the item relating to section
    1021 the following new item:

    ``Sec. 1022. Program on recruitment and training.''.

    (2) Repeal of pilot program.--
    (A) Authority.--Section 318 of the Intelligence
    Authorization Act for Fiscal Year 2004 (Public Law 108-
    177; 50 U.S.C. 441g note) is repealed.
    (B) Table of contents amendment.--The table of
    contents in section 1 of the Intelligence Authorization
    Act for Fiscal Year 2004 (Public Law 108-177; 117 Stat.
    2599) is amended by striking the item relating to
    section 318.
    SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDUCATIONAL
    SCHOLARSHIP PROGRAM.

    (a) Expansion of the Louis Stokes Educational Scholarship Program to
    Graduate Students.--Section 16 of the National Security Agency Act of
    1959 (50 U.S.C. 402 note) is amended--
    (1) in subsection (a)--
    (A) by inserting ``and graduate'' after
    ``undergraduate''; and
    (B) by striking ``the baccalaureate'' and inserting
    ``a baccalaureate or graduate'';
    (2) in subsection (b), by inserting ``or graduate'' after
    ``undergraduate'';
    (3) in subsection (e)(2), by inserting ``and graduate''
    after ``undergraduate''; and
    (4) by adding at the end the following new subsection:

    ``(h) The undergraduate and graduate training program established
    under this section shall be known as the Louis Stokes Educational
    Scholarship Program.''.
    (b) Authority for Participation by Individuals Who Are Not Employed
    by the United States Government.--
    (1) In general.--Subsection (b) of section 16 of the
    National Security Agency Act of 1959 (50 U.S.C. 402 note), as
    amended by subsection (a)(2), is further amended by striking

    [[Page 2664]]

    ``civilian employees'' and inserting ``civilians who may or may
    not be employees''.
    (2) Conforming amendments.--Section 16 of the National
    Security Agency Act of 1959 (50 U.S.C. 402 note), as amended by
    subsection (a), is further amended--
    (A) in subsection (c), by striking ``employees'' and
    inserting ``program participants''; and
    (B) in subsection (d)--
    (i) in paragraph (1)--
    (I) in the matter preceding
    subparagraph (A), strike ``an employee
    of the Agency,'' and insert ``a program
    participant,'';
    (II) in subparagraph (A), by
    striking ``employee'' and inserting
    ``program participant'';
    (III) in subparagraph (C)--
    (aa) by striking
    ``employee'' each place that
    term appears and inserting
    ``program participant''; and
    (bb) by striking
    ``employee's'' each place that
    term appears and inserting
    ``program participant's''; and
    (IV) in subparagraph (D)--
    (aa) by striking
    ``employee'' each place that
    term appears and inserting
    ``program participant''; and
    (bb) by striking
    ``employee's'' each place that
    term appears and inserting
    ``program participant's''; and
    (ii) in paragraph (3)(C)--
    (I) by striking ``employee'' both
    places that term appears and inserting
    ``program participant''; and
    (II) by striking ``employee's'' and
    inserting ``program participant's''.

    (c) Termination of Program Participants.--Subsection (d)(1)(C) of
    section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402
    note), as amended by subsection (b)(2)(B)(i)(III), is further amended by
    striking ``terminated'' and all that follows and inserting
    ``terminated--
    ``(i) by the Agency due to misconduct by the program
    participant;
    ``(ii) by the program participant voluntarily; or
    ``(iii) by the Agency for the failure of the program
    participant to maintain such level of academic standing
    in the educational course of training as the Director of
    the National Security Agency shall have specified in the
    agreement of the program participant under this
    subsection; and''.

    (d) Authority To Withhold Disclosure of Affiliation With NSA.--
    Subsection (e) of Section 16 of the National Security Agency Act of 1959
    (50 U.S.C. 402 note) is amended by striking ``(1) When an employee'' and
    all that follows through ``(2) Agency efforts'' and inserting ``Agency
    efforts''.
    (e) Authority of Elements of the Intelligence Community To Establish
    a Stokes Educational Scholarship Program.--
    (1) Authority.--Subtitle C of title X of the National
    Security Act of 1947 (50 U.S.C. 441m et seq.), as amended by

    [[Page 2665]]

    section 311 of this Act, is further amended by adding at the end
    the following new section:

    ``educational scholarship program

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

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

    SEC. 313. INTELLIGENCE OFFICER TRAINING PROGRAM.

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

    ``intelligence officer training program

    ``Sec. 1024.  <> (a) Programs.--(1) The Director
    of National Intelligence may carry out grant programs in accordance with
    subsection (b) to enhance the recruitment and retention of an ethnically
    and culturally diverse intelligence community workforce with
    capabilities critical to the national security interests of the United
    States.

    ``(2) In carrying out paragraph (1), the Director shall identify the
    skills necessary to meet current or emergent needs of the intelligence
    community and the educational disciplines that will provide individuals
    with such skills.
    ``(b) Institutional Grant Program.--(1) The Director may provide
    grants to institutions of higher education to support the establishment
    or continued development of programs of study in educational disciplines
    identified under subsection (a)(2).
    ``(2) A grant provided under paragraph (1) may, with respect to the
    educational disciplines identified under subsection (a)(2), be used for
    the following purposes:
    ``(A) Curriculum or program development.
    ``(B) Faculty development.
    ``(C) Laboratory equipment or improvements.
    ``(D) Faculty research.

    ``(c) Application.--An institution of higher education seeking a
    grant under this section shall submit an application describing the
    proposed use of the grant at such time and in such manner as the
    Director may require.
    ``(d) Reports.--An institution of higher education that receives a
    grant under this section shall submit to the Director regular reports
    regarding the use of such grant, including--
    ``(1) a description of the benefits to students who
    participate in the course of study funded by such grant;

    [[Page 2666]]

    ``(2) a description of the results and accomplishments
    related to such course of study; and
    ``(3) any other information that the Director may require.

    ``(e) Regulations.--The Director shall prescribe such regulations as
    may be necessary to carry out this section.
    ``(f) Definitions.--In this section:
    ``(1) The term `Director' means the Director of National
    Intelligence.
    ``(2) The term `institution of higher education' has the
    meaning given the term in section 101 of the Higher Education
    Act of 1965 (20 U.S.C. 1001).''.

    (b) Repeal of Duplicative Provisions.--
    (1) In general.--The following provisions of law are
    repealed:
    (A) Subsections (b) through (g) of section 319 of
    the Intelligence Authorization Act for Fiscal Year 2004
    (Public Law 108-177; 50 U.S.C. 403 note).
    (B) Section 1003 of the National Security Act of
    1947 (50 U.S.C. 441g-2).
    (C) Section 922 of the Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005 (Public
    Law 108-375; 50 U.S.C. 402 note).
    (2) <>  Existing agreements.--
    Notwithstanding the repeals made by paragraph (1), nothing in
    this subsection shall be construed to amend, modify, or abrogate
    any agreement, contract, or employment relationship that was in
    effect in relation to the provisions repealed under paragraph
    (1) on the day prior to the date of the enactment of this Act.
    (3) Technical amendment.--Section 319 of the Intelligence
    Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
    U.S.C. 403 note) is amended by striking ``(a) Findings.--''.

    (c) Table of Contents Amendment.--The table of contents in the first
    section of the National Security Act of 1947, as amended by section 312
    of this Act, is further amended by striking the item relating to section
    1003 and inserting the following new item:

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

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

    (a) Establishment.--The Director of National Intelligence, in
    consultation with the National Security Education Board established
    under section 803(a) of the David L. Boren National Security Education
    Act of 1991 (50 U.S.C. 1903(a)), may establish a pilot program for
    intensive language instruction in African languages.
    (b) Program.--A pilot program established under subsection (a) shall
    provide scholarships for programs that provide intensive language
    instruction--
    (1) in any of the five highest priority African languages
    for which scholarships are not offered under the David L. Boren
    National Security Education Act of 1991 (50 U.S.C. 1901 et
    seq.), as determined by the Director of National Intelligence;
    and
    (2) both in the United States and in a country in which the
    language is the native language of a significant portion of the
    population, as determined by the Director of National
    Intelligence.

    [[Page 2667]]

    (c) Termination.--A pilot program established under subsection (a)
    shall terminate on the date that is five years after the date on which
    such pilot program is established.
    (d) Authorization of Appropriations.--
    (1) In general.--There is authorized to be appropriated to
    carry out this section $2,000,000.
    (2) Availability.--Funds authorized to be appropriated under
    paragraph (1) shall remain available until the termination of
    the pilot program in accordance with subsection (c).

    Subtitle C--Acquisition Matters

    SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.

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

    ``vulnerability assessments of major systems

    ``Sec. 506C.  <> (a) Initial Vulnerability
    Assessments.--(1)(A) Except as provided in subparagraph (B), the
    Director of National Intelligence shall conduct and submit to the
    congressional intelligence committees an initial vulnerability
    assessment for each major system and its significant items of supply--
    ``(i) except as provided in clause (ii), prior to the
    completion of Milestone B or an equivalent acquisition decision
    for the major system; or
    ``(ii) prior to the date that is 1 year after the date of
    the enactment of the Intelligence Authorization Act for Fiscal
    Year 2010 in the case of a major system for which Milestone B or
    an equivalent acquisition decision--
    ``(I) was completed prior to such date of enactment;
    or
    ``(II) is completed on a date during the 180-day
    period following such date of enactment.

    ``(B) <>  The Director may submit to
    the congressional intelligence committees an initial vulnerability
    assessment required by clause (ii) of subparagraph (A) not later than
    180 days after the date such assessment is required to be submitted
    under such clause if the Director notifies the congressional
    intelligence committees of the extension of the submission date under
    this subparagraph and provides a justification for such extension.

    ``(C) The initial vulnerability assessment of a major system and its
    significant items of supply shall include use of an analysis-based
    approach to--
    ``(i) identify vulnerabilities;
    ``(ii) define exploitation potential;
    ``(iii) examine the system's potential effectiveness;
    ``(iv) determine overall vulnerability; and
    ``(v) make recommendations for risk reduction.

    ``(2) If an initial vulnerability assessment for a major system is
    not submitted to the congressional intelligence committees as required
    by paragraph (1), funds appropriated for the acquisition of the major
    system may not be obligated for a major contract related to the major
    system. Such prohibition on the obligation

    [[Page 2668]]

    of funds for the acquisition of the major system shall cease to apply on
    the date on which the congressional intelligence committees receive the
    initial vulnerability assessment.
    ``(b) Subsequent Vulnerability Assessments.--(1) The Director of
    National Intelligence shall, periodically throughout the procurement of
    a major system or if the Director determines that a change in
    circumstances warrants the issuance of a subsequent vulnerability
    assessment, conduct a subsequent vulnerability assessment of each major
    system and its significant items of supply within the National
    Intelligence Program.
    ``(2) Upon the request of a congressional intelligence committee,
    the Director of National Intelligence may, if appropriate, recertify the
    previous vulnerability assessment or may conduct a subsequent
    vulnerability assessment of a particular major system and its
    significant items of supply within the National Intelligence Program.
    ``(3) Any subsequent vulnerability assessment of a major system and
    its significant items of supply shall include use of an analysis-based
    approach and, if applicable, a testing-based approach, to monitor the
    exploitation potential of such system and reexamine the factors
    described in clauses (i) through (v) of subsection (a)(1)(C).
    ``(c) Major System Management.--The Director of National
    Intelligence shall give due consideration to the vulnerability
    assessments prepared for a given major system when developing and
    determining the National Intelligence Program budget.
    ``(d) <>  Congressional Oversight.--(1)
    The Director of National Intelligence shall provide to the congressional
    intelligence committees a copy of each vulnerability assessment
    conducted under subsection (a) or (b) not later than 10 days after the
    date of the completion of such assessment.

    ``(2) <>  The Director of National
    Intelligence shall provide the congressional intelligence committees
    with a proposed schedule for subsequent periodic vulnerability
    assessments of a major system under subsection (b)(1) when providing
    such committees with the initial vulnerability assessment under
    subsection (a) of such system as required by paragraph (1).

    ``(e) Definitions.--In this section:
    ``(1) The term `item of supply' has the meaning given that
    term in section 4(10) of the Office of Federal Procurement
    Policy Act (41 U.S.C. 403(10)).
    ``(2) The term `major contract' means each of the 6 largest
    prime, associate, or Government-furnished equipment contracts
    under a major system that is in excess of $40,000,000 and that
    is not a firm, fixed price contract.
    ``(3) The term `major system' has the meaning given that
    term in section 506A(e).
    ``(4) The term `Milestone B' means a decision to enter into
    major system development and demonstration pursuant to guidance
    prescribed by the Director of National Intelligence.
    ``(5) The term `vulnerability assessment' means the process
    of identifying and quantifying vulnerabilities in a major system
    and its significant items of supply.''.
    (2) Table of contents amendment.--The table of contents in
    the first section of the National Security Act of 1947, as
    amended by section 313 of this Act, is further amended by

    [[Page 2669]]

    inserting after the item relating to section 506B, as added by
    section 305(c) of this Act, the following new item:

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

    (b) Definition of Major System.--Paragraph (3) of section 506A(e) of
    the National Security Act of 1947 (50 U.S.C. 415a-1(e)) is amended by
    striking ``(in current fiscal year dollars)'' and inserting ``(based on
    fiscal year 2010 constant dollars)''.
    SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.

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

    ``intelligence community business system transformation

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

    ``(2) <> The certification described in this
    paragraph for an intelligence community business system transformation
    is a certification made by the Director of the Office of Business
    Transformation of the Office of the Director of National Intelligence
    that the intelligence community business system transformation--
    ``(A) complies with the enterprise architecture under
    subsection (b) and such other policies and standards that the
    Director of National Intelligence considers appropriate; or
    ``(B) is necessary--
    ``(i) to achieve a critical national security
    capability or address a critical requirement; or
    ``(ii) to prevent a significant adverse effect on a
    project that is needed to achieve an essential
    capability, taking into consideration any alternative
    solutions for preventing such adverse effect.

    ``(3) With respect to a fiscal year after fiscal year 2010, the
    amount referred to in paragraph (1) in the matter preceding subparagraph
    (A) shall be equal to the sum of--
    ``(A) the amount in effect under such paragraph (1) for the
    preceding fiscal year (determined after application of this
    paragraph), plus
    ``(B) such amount multiplied by the annual percentage
    increase in the consumer price index (all items; U.S. city
    average) as of September of the previous fiscal year.

    ``(b) Enterprise Architecture for Intelligence Community Business
    Systems.--(1) The Director of National Intelligence shall, acting
    through the board established under subsection (f), develop

    [[Page 2670]]

    and implement an enterprise architecture to cover all intelligence
    community business systems, and the functions and activities supported
    by such business systems. The enterprise architecture shall be
    sufficiently defined to effectively guide, constrain, and permit
    implementation of interoperable intelligence community business system
    solutions, consistent with applicable policies and procedures
    established by the Director of the Office of Management and Budget.
    ``(2) The enterprise architecture under paragraph (1) shall include
    the following:
    ``(A) An information infrastructure that will enable the
    intelligence community to--
    ``(i) comply with all Federal accounting, financial
    management, and reporting requirements;
    ``(ii) routinely produce timely, accurate, and
    reliable financial information for management purposes;
    ``(iii) integrate budget, accounting, and program
    information and systems; and
    ``(iv) provide for the measurement of performance,
    including the ability to produce timely, relevant, and
    reliable cost information.
    ``(B) Policies, procedures, data standards, and system
    interface requirements that apply uniformly throughout the
    intelligence community.

    ``(c) Responsibilities for Intelligence Community Business System
    Transformation.--The Director of National Intelligence shall be
    responsible for the entire life cycle of an intelligence community
    business system transformation, including review, approval, and
    oversight of the planning, design, acquisition, deployment, operation,
    and maintenance of the business system transformation.
    ``(d) Intelligence Community Business System Investment Review.--
    (1) <>  The Director of the Office of Business
    Transformation of the Office of the Director of National Intelligence
    shall establish and implement, not later than 60 days after the
    enactment of the Intelligence Authorization Act for Fiscal Year 2010, an
    investment review process for the intelligence community business
    systems for which the Director of the Office of Business Transformation
    is responsible.

    ``(2) The investment review process under paragraph (1) shall--
    ``(A) meet the requirements of section 11312 of title 40,
    United States Code; and
    ``(B) specifically set forth the responsibilities of the
    Director of the Office of Business Transformation under such
    review process.

    ``(3) The investment review process under paragraph (1) shall
    include the following elements:
    ``(A) Review and approval by an investment review board
    (consisting of appropriate representatives of the intelligence
    community) of each intelligence community business system as an
    investment before the obligation of funds for such system.
    ``(B) Periodic review, but not less often than annually, of
    every intelligence community business system investment.
    ``(C) Thresholds for levels of review to ensure appropriate
    review of intelligence community business system investments
    depending on the scope, complexity, and cost of the system
    involved.

    [[Page 2671]]

    ``(D) Procedures for making certifications in accordance
    with the requirements of subsection (a)(2).

    ``(e) Budget Information.--For each fiscal year after fiscal year
    2011, the Director of National Intelligence shall include in the
    materials the Director submits to Congress in support of the budget for
    such fiscal year that is submitted to Congress under section 1105 of
    title 31, United States Code, the following information:
    ``(1) An identification of each intelligence community
    business system for which funding is proposed in such budget.
    ``(2) An identification of all funds, by appropriation,
    proposed in such budget for each such system, including--
    ``(A) funds for current services to operate and
    maintain such system;
    ``(B) funds for business systems modernization
    identified for each specific appropriation; and
    ``(C) funds for associated business process
    improvement or reengineering efforts.
    ``(3) The certification, if any, made under subsection
    (a)(2) with respect to each such system.

    ``(f) Intelligence Community Business System Transformation
    Governance Board.--(1) <>  The Director of
    National Intelligence shall establish a board within the intelligence
    community business system transformation governance structure (in this
    subsection referred to as the `Board').

    ``(2) The Board shall--
    ``(A) recommend to the Director policies and procedures
    necessary to effectively integrate all business activities and
    any transformation, reform, reorganization, or process
    improvement initiatives undertaken within the intelligence
    community;
    ``(B) review and approve any major update of--
    ``(i) the enterprise architecture developed under
    subsection (b); and
    ``(ii) any plans for an intelligence community
    business systems modernization;
    ``(C) manage cross-domain integration consistent with such
    enterprise architecture;
    ``(D) coordinate initiatives for intelligence community
    business system transformation to maximize benefits and minimize
    costs for the intelligence community, and periodically report to
    the Director on the status of efforts to carry out an
    intelligence community business system transformation;
    ``(E) ensure that funds are obligated for intelligence
    community business system transformation in a manner consistent
    with subsection (a); and
    ``(F) carry out such other duties as the Director shall
    specify.

    ``(g) Relation to Annual Registration Requirements.--Nothing in this
    section shall be construed to alter the requirements of section 8083 of
    the Department of Defense Appropriations Act, 2005 (Public Law 108-287;
    118 Stat. 989), with regard to information technology systems (as
    defined in subsection (d) of such section).
    ``(h) Relationship to Defense Business Enterprise Architecture.--
    Nothing in this section shall be construed to exempt funds authorized to
    be appropriated to the Department of Defense from the requirements of
    section 2222 of title 10, United

    [[Page 2672]]

    States Code, to the extent that such requirements are otherwise
    applicable.
    ``(i) Relation to Clinger-Cohen Act.--(1) Executive agency
    responsibilities in chapter 113 of title 40, United States Code, for any
    intelligence community business system transformation shall be exercised
    jointly by--
    ``(A) the Director of National Intelligence and the Chief
    Information Officer of the Intelligence Community; and
    ``(B) the head of the executive agency that contains the
    element of the intelligence community involved and the chief
    information officer of that executive agency.

    ``(2) The Director of National Intelligence and the head of the
    executive agency referred to in paragraph (1)(B) shall enter into a
    Memorandum of Understanding to carry out the requirements of this
    section in a manner that best meets the needs of the intelligence
    community and the executive agency.
    ``(j) Reports.--Not later than March 31 of each of the years 2011
    through 2015, the Director of National Intelligence shall submit to the
    congressional intelligence committees a report on the compliance of the
    intelligence community with the requirements of this section. Each such
    report shall--
    ``(1) describe actions taken and proposed for meeting the
    requirements of subsection (a), including--
    ``(A) specific milestones and actual performance
    against specified performance measures, and any revision
    of such milestones and performance measures; and
    ``(B) specific actions on the intelligence community
    business system transformations submitted for
    certification under such subsection;
    ``(2) identify the number of intelligence community business
    system transformations that received a certification described
    in subsection (a)(2); and
    ``(3) describe specific improvements in business operations
    and cost savings resulting from successful intelligence
    community business systems transformation efforts.

    ``(k) Definitions.--In this section:
    ``(1) The term `enterprise architecture' has the meaning
    given that term in section 3601(4) of title 44, United States
    Code.
    ``(2) The terms `information system' and `information
    technology' have the meanings given those terms in section 11101
    of title 40, United States Code.
    ``(3) The term `intelligence community business system'
    means an information system, including a national security
    system, that is operated by, for, or on behalf of an element of
    the intelligence community, including a financial system, mixed
    system, financial data feeder system, and the business
    infrastructure capabilities shared by the systems of the
    business enterprise architecture, including people, process, and
    technology, that build upon the core infrastructure used to
    support business activities, such as acquisition, financial
    management, logistics, strategic planning and budgeting,
    installations and environment, and human resource management.
    ``(4) The term `intelligence community business system
    transformation' means--

    [[Page 2673]]

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

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

    (b) <>  Implementation.--
    (1) Certain duties.--Not later than 60 days after the date
    of the enactment of this Act, the Director of National
    Intelligence shall designate a chair and other members to serve
    on the board established under subsection (f) of such section
    506D of the National Security Act of 1947 (as added by
    subsection (a)).
    (2) Enterprise architecture.--
    (A) Schedule for development.--The Director shall
    develop the enterprise architecture required by
    subsection (b) of such section 506D (as so added),
    including the initial Business Enterprise Architecture
    for business transformation, not later than 60 days
    after the enactment of this Act.
    (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 the date that is 60 days after the enactment
    of this Act 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 such date, 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.

    [[Page 2674]]

    (C) Submission of acquisition strategy.--Based on
    the results of an enterprise process management review
    and the availability of funds, the Director shall submit
    the acquisition strategy described in subparagraph
    (B)(i) to the congressional intelligence committees not
    later than March 31, 2011.
    SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.

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

    ``reports on the acquisition of major systems

    ``Sec. 506E.  <> (a) Definitions.--In this
    section:
    ``(1) The term `cost estimate'--
    ``(A) means an assessment and quantification of all
    costs and risks associated with the acquisition of a
    major system based upon reasonably available information
    at the time the Director establishes the 2010 adjusted
    total acquisition cost for such system pursuant to
    subsection (h) or restructures such system pursuant to
    section 506F(c); and
    ``(B) does not mean an `independent cost estimate'.
    ``(2) The term `critical cost growth threshold' means a
    percentage increase in the total acquisition cost for a major
    system of at least 25 percent over the total acquisition cost
    for the major system as shown in the current Baseline Estimate
    for the major system.
    ``(3)(A) The term `current Baseline Estimate' means the
    projected total acquisition cost of a major system that is--
    ``(i) approved by the Director, or a designee of the
    Director, at Milestone B or an equivalent acquisition
    decision for the development, procurement, and
    construction of such system;
    ``(ii) approved by the Director at the time such
    system is restructured pursuant to section 506F(c); or
    ``(iii) the 2010 adjusted total acquisition cost
    determined pursuant to subsection (h).
    ``(B) A current Baseline Estimate may be in the form of an
    independent cost estimate.
    ``(4) Except as otherwise specifically provided, the term
    `Director' means the Director of National Intelligence.
    ``(5) The term `independent cost estimate' has the meaning
    given that term in section 506A(e).
    ``(6) The term `major contract' means each of the 6 largest
    prime, associate, or Government-furnished equipment contracts
    under a major system that is in excess of $40,000,000 and that
    is not a firm, fixed price contract.
    ``(7) The term `major system' has the meaning given that
    term in section 506A(e).
    ``(8) The term `Milestone B' means a decision to enter into
    major system development and demonstration pursuant to guidance
    prescribed by the Director.
    ``(9) The term `program manager' means--

    [[Page 2675]]

    ``(A) the head of the element of the intelligence
    community that is responsible for the budget, cost,
    schedule, and performance of a major system; or
    ``(B) in the case of a major system within the
    Office of the Director of National Intelligence, the
    deputy who is responsible for the budget, cost,
    schedule, and performance of the major system.
    ``(10) The term `significant cost growth threshold' means
    the percentage increase in the total acquisition cost for a
    major system of at least 15 percent over the total acquisition
    cost for such system as shown in the current Baseline Estimate
    for such system.
    ``(11) The term `total acquisition cost' means the amount
    equal to the total cost for development and procurement of, and
    system-specific construction for, a major system.

    ``(b) Major System Cost Reports.--(1) The program manager for a
    major system shall, on a quarterly basis, submit to the Director a major
    system cost report as described in paragraph (2).
    ``(2) A major system cost report shall include the following
    information (as of the last day of the quarter for which the report is
    made):
    ``(A) The total acquisition cost for the major system.
    ``(B) Any cost variance or schedule variance in a major
    contract for the major system since the contract was entered
    into.
    ``(C) Any changes from a major system schedule milestones or
    performances that are known, expected, or anticipated by the
    program manager.
    ``(D) Any significant changes in the total acquisition cost
    for development and procurement of any software component of the
    major system, schedule milestones for such software component of
    the major system, or expected performance of such software
    component of the major system that are known, expected, or
    anticipated by the program manager.

    ``(3) Each major system cost report required by paragraph (1) shall
    be submitted not more than 30 days after the end of the reporting
    quarter.
    ``(c) Reports for Breach of Significant or Critical Cost Growth
    Thresholds.--If the program manager of a major system for which a report
    has previously been submitted under subsection (b) determines at any
    time during a quarter that there is reasonable cause to believe that the
    total acquisition cost for the major system has increased by a
    percentage equal to or greater than the significant cost growth
    threshold or critical cost growth threshold and if a report indicating
    an increase of such percentage or more has not previously been submitted
    to the Director, then the program manager shall immediately submit to
    the Director a major system cost report containing the information,
    determined as of the date of the report, required under subsection (b).
    ``(d) Notification to Congress of Cost Growth.--(1) Whenever a major
    system cost report is submitted to the Director, the Director shall
    determine whether the current acquisition cost for the major system has
    increased by a percentage equal to or greater than the significant cost
    growth threshold or the critical cost growth threshold.

    [[Page 2676]]

    ``(2) If the Director determines that the current total acquisition
    cost has increased by a percentage equal to or greater than the
    significant cost growth threshold or critical cost growth threshold, the
    Director shall submit to Congress a Major System Congressional Report
    pursuant to subsection (e).
    ``(e) Requirement for Major System Congressional Report.--(1)
    Whenever the Director determines under subsection (d) that the total
    acquisition cost of a major system has increased by a percentage equal
    to or greater than the significant cost growth threshold for the major
    system, a Major System Congressional Report shall be submitted to
    Congress not later than 45 days after the date on which the Director
    receives the major system cost report for such major system.
    ``(2) If the total acquisition cost of a major system (as determined
    by the Director under subsection (d)) increases by a percentage equal to
    or greater than the critical cost growth threshold for the program or
    subprogram, the Director shall take actions consistent with the
    requirements of section 506F.
    ``(f) Major System Congressional Report Elements.--(1) Except as
    provided in paragraph (2), each Major System Congressional Report shall
    include the following:
    ``(A) The name of the major system.
    ``(B) The date of the preparation of the report.
    ``(C) The program phase of the major system as of the date
    of the preparation of the report.
    ``(D) The estimate of the total acquisition cost for the
    major system expressed in constant base-year dollars and in
    current dollars.
    ``(E) The current Baseline Estimate for the major system in
    constant base-year dollars and in current dollars.
    ``(F) A statement of the reasons for any increase in total
    acquisition cost for the major system.
    ``(G) The completion status of the major system--
    ``(i) expressed as the percentage that the number of
    years for which funds have been appropriated for the
    major system is of the number of years for which it is
    planned that funds will be appropriated for the major
    system; and
    ``(ii) expressed as the percentage that the amount
    of funds that have been appropriated for the major
    system is of the total amount of funds which it is
    planned will be appropriated for the major system.
    ``(H) The fiscal year in which the major system was first
    authorized and in which funds for such system were first
    appropriated by Congress.
    ``(I) The current change and the total change, in dollars
    and expressed as a percentage, in the total acquisition cost for
    the major system, stated both in constant base-year dollars and
    in current dollars.
    ``(J) The quantity of end items to be acquired under the
    major system and the current change and total change, if any, in
    that quantity.
    ``(K) The identities of the officers responsible for
    management and cost control of the major system.
    ``(L) The action taken and proposed to be taken to control
    future cost growth of the major system.
    ``(M) Any changes made in the performance or schedule
    milestones of the major system and the extent to which such

    [[Page 2677]]

    changes have contributed to the increase in total acquisition
    cost for the major system.
    ``(N) The following contract performance assessment
    information with respect to each major contract under the major
    system:
    ``(i) The name of the contractor.
    ``(ii) The phase that the contract is in at the time
    of the preparation of the report.
    ``(iii) The percentage of work under the contract
    that has been completed.
    ``(iv) Any current change and the total change, in
    dollars and expressed as a percentage, in the contract
    cost.
    ``(v) The percentage by which the contract is
    currently ahead of or behind schedule.
    ``(vi) A narrative providing a summary explanation
    of the most significant occurrences, including cost and
    schedule variances under major contracts of the major
    system, contributing to the changes identified and a
    discussion of the effect these occurrences will have on
    the future costs and schedule of the major system.
    ``(O) In any case in which one or more problems with a
    software component of the major system significantly contributed
    to the increase in costs of the major system, the action taken
    and proposed to be taken to solve such problems.

    ``(2) A Major System Congressional Report prepared for a major
    system for which the increase in the total acquisition cost is due to
    termination or cancellation of the entire major system shall include
    only--
    ``(A) the information described in subparagraphs (A) through
    (F) of paragraph (1); and
    ``(B) the total percentage change in total acquisition cost
    for such system.

    ``(g) Prohibition on Obligation of Funds.--If a determination of an
    increase by a percentage equal to or greater than the significant cost
    growth threshold is made by the Director under subsection (d) and a
    Major System Congressional Report containing the information described
    in subsection (f) is not submitted to Congress under subsection (e)(1),
    or if a determination of an increase by a percentage equal to or greater
    than the critical cost growth threshold is made by the Director under
    subsection (d) and the Major System Congressional Report containing the
    information described in subsection (f) and section 506F(b)(3) and the
    certification required by section 506F(b)(2) are not submitted to
    Congress under subsection (e)(2), funds appropriated for construction,
    research, development, test, evaluation, and procurement may not be
    obligated for a major contract under the major system. <>  The prohibition on the obligation of funds for a major system
    shall cease to apply at the end of the 45-day period that begins on the
    date--
    ``(1) on which Congress receives the Major System
    Congressional Report under subsection (e)(1) with respect to
    that major system, in the case of a determination of an increase
    by a percentage equal to or greater than the significant cost
    growth threshold (as determined in subsection (d)); or
    ``(2) on which Congress receives both the Major System
    Congressional Report under subsection (e)(2) and the
    certification of the Director under section 506F(b)(2) with
    respect

    [[Page 2678]]

    to that major system, in the case of an increase by a percentage
    equal to or greater than the critical cost growth threshold (as
    determined under subsection (d)).

    ``(h) <>  Treatment of Cost Increases Prior to
    Enactment of Intelligence Authorization Act for Fiscal Year 2010.--(1)
    Not later than 180 days after the date of the enactment of the
    Intelligence Authorization Act for Fiscal Year 2010, the Director--
    ``(A) shall, for each major system, determine if the total
    acquisition cost of such major system increased by a percentage
    equal to or greater than the significant cost growth threshold
    or the critical cost growth threshold prior to such date of
    enactment;
    ``(B) shall establish for each major system for which the
    total acquisition cost has increased by a percentage equal to or
    greater than the significant cost growth threshold or the
    critical cost growth threshold prior to such date of enactment a
    revised current Baseline Estimate based upon an updated cost
    estimate;
    ``(C) may, for a major system not described in subparagraph
    (B), establish a revised current Baseline Estimate based upon an
    updated cost estimate; and
    ``(D) shall submit to Congress a report describing--
    ``(i) each determination made under subparagraph
    (A);
    ``(ii) each revised current Baseline Estimate
    established for a major system under subparagraph (B);
    and
    ``(iii) each revised current Baseline Estimate
    established for a major system under subparagraph (C),
    including the percentage increase of the total
    acquisition cost of such major system that occurred
    prior to the date of the enactment of such Act.

    ``(2) The revised current Baseline Estimate established for a major
    system under subparagraph (B) or (C) of paragraph (1) shall be the 2010
    adjusted total acquisition cost for the major system and may include the
    estimated cost of conducting any vulnerability assessments for such
    major system required under section 506C.
    ``(i) Requirements To Use Base Year Dollars.--Any determination of a
    percentage increase under this section shall be stated in terms of
    constant base year dollars.
    ``(j) Form of Report.--Any report required to be submitted under
    this section may be submitted in a classified form.''.
    (2) <>  Applicability date of
    quarterly reports.--The first report required to be submitted
    under subsection (b) of section 506E of the National security
    Act of 1947, as added by paragraph (1) of this subsection, shall
    be submitted with respect to the first fiscal quarter that
    begins on a date that is not less than 180 days after the date
    of the enactment of this Act.
    (3) Table of contents amendment.--The table of contents in
    the first section of that Act, as amended by section 322 of this
    Act, is further amended by inserting after the item relating to
    section 506D, as added by section 322(a)(2), the following new
    item:

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

    (b) <>  Major Defense Acquisition
    Programs.--Nothing in this section, section 324, or an amendment made by
    this section or section 324, shall be construed to exempt an acquisition
    program

    [[Page 2679]]

    of the Department of Defense from the requirements of chapter 144 of
    title 10, United States Code or Department of Defense Directive 5000, to
    the extent that such requirements are otherwise applicable.
    SEC. 324. CRITICAL COST GROWTH IN MAJOR SYSTEMS.

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

    ``critical cost growth in major systems

    ``Sec. 506F.  <> (a) Reassessment of Major
    System.--If the Director of National Intelligence determines under
    section 506E(d) that the total acquisition cost of a major system has
    increased by a percentage equal to or greater than the critical cost
    growth threshold for the major system, the Director shall--
    ``(1) determine the root cause or causes of the critical
    cost growth, in accordance with applicable statutory
    requirements, policies, procedures, and guidance; and
    ``(2) carry out an assessment of--
    ``(A) the projected cost of completing the major
    system if current requirements are not modified;
    ``(B) the projected cost of completing the major
    system based on reasonable modification of such
    requirements;
    ``(C) the rough order of magnitude of the costs of
    any reasonable alternative system or capability; and
    ``(D) the need to reduce funding for other systems
    due to the growth in cost of the major system.

    ``(b) <>  Presumption of
    Termination.--(1) After conducting the reassessment required by
    subsection (a) with respect to a major system, the Director shall
    terminate the major system unless the Director submits to Congress a
    Major System Congressional Report containing a certification in
    accordance with paragraph (2) and the information described in paragraph
    (3). The Director shall submit such Major System Congressional Report
    and certification not later than 90 days after the date the Director
    receives the relevant major system cost report under subsection (b) or
    (c) of section 506E.

    ``(2) A certification described by this paragraph with respect to a
    major system is a written certification that--
    ``(A) the continuation of the major system is essential to
    the national security;
    ``(B) there are no alternatives to the major system that
    will provide acceptable capability to meet the intelligence
    requirement at less cost;
    ``(C) the new estimates of the total acquisition cost have
    been determined by the Director to be reasonable;
    ``(D) the major system is a higher priority than other
    systems whose funding must be reduced to accommodate the growth
    in cost of the major system; and
    ``(E) the management structure for the major system is
    adequate to manage and control the total acquisition cost.

    ``(3) A Major System Congressional Report accompanying a written
    certification under paragraph (2) shall include, in addition to the
    requirements of section 506E(e), the root cause analysis and assessment
    carried out pursuant to subsection (a), the basis

    [[Page 2680]]

    for each determination made in accordance with subparagraphs (A) through
    (E) of paragraph (2), and a description of all funding changes made as a
    result of the growth in the cost of the major system, including
    reductions made in funding for other systems to accommodate such cost
    growth, together with supporting documentation.
    ``(c) Actions if Major System Not Terminated.--If the Director
    elects not to terminate a major system pursuant to subsection (b), the
    Director shall--
    ``(1) restructure the major system in a manner that
    addresses the root cause or causes of the critical cost growth,
    as identified pursuant to subsection (a), and ensures that the
    system has an appropriate management structure as set forth in
    the certification submitted pursuant to subsection (b)(2)(E);
    ``(2) rescind the most recent Milestone approval for the
    major system;
    ``(3) require a new Milestone approval for the major system
    before taking any action to enter a new contract, exercise an
    option under an existing contract, or otherwise extend the scope
    of an existing contract under the system, except to the extent
    determined necessary by the Milestone Decision Authority, on a
    nondelegable basis, to ensure that the system may be
    restructured as intended by the Director without unnecessarily
    wasting resources;
    ``(4) establish a revised current Baseline Estimate for the
    major system based upon an updated cost estimate; and
    ``(5) conduct regular reviews of the major system.

    ``(d) <>  Actions if Major System Terminated.--If a
    major system is terminated pursuant to subsection (b), the Director
    shall submit to Congress a written report setting forth--
    ``(1) an explanation of the reasons for terminating the
    major system;
    ``(2) the alternatives considered to address any problems in
    the major system; and
    ``(3) the course the Director plans to pursue to meet any
    intelligence requirements otherwise intended to be met by the
    major system.

    ``(e) Form of Report.--Any report or certification required to be
    submitted under this section may be submitted in a classified form.
    ``(f) Waiver.--(1) The Director may waive the requirements of
    subsections (d)(2), (e), and (g) of section 506E and subsections (a)(2),
    (b), (c), and (d) of this section with respect to a major system if the
    Director determines that at least 90 percent of the amount of the
    current Baseline Estimate for the major system has been expended.
    ``(2)(A) <> If the Director grants a waiver
    under paragraph (1) with respect to a major system, the Director shall
    submit to the congressional intelligence committees written notice of
    the waiver that includes--
    ``(i) the information described in section 506E(f); and
    ``(ii) if the current total acquisition cost of the major
    system has increased by a percentage equal to or greater than
    the critical cost growth threshold--
    ``(I) a determination of the root cause or causes of
    the critical cost growth, as described in subsection
    (a)(1); and

    [[Page 2681]]

    ``(II) <>  a certification
    that includes the elements described in subparagraphs
    (A), (B), and (E) of subsection (b)(2).

    ``(B) <>  The Director shall submit the written
    notice required by subparagraph (A) not later than 90 days after the
    date that the Director receives a major system cost report under
    subsection (b) or (c) of section 506E that indicates that the total
    acquisition cost for the major system has increased by a percentage
    equal to or greater than the significant cost growth threshold or
    critical cost growth threshold.

    ``(g) Definitions.--In this section, the terms `cost estimate',
    `critical cost growth threshold', `current Baseline Estimate', `major
    system', and `total acquisition cost' have the meaning given those terms
    in section 506E(a).''.
    (b) Table of Contents Amendment.--The table of contents in the first
    section of that Act, as amended by section 323 of this Act, is further
    amended by inserting after the items relating to section 506E, as added
    by section 323(a)(3), the following new item:

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

    SEC. 325. FUTURE BUDGET PROJECTIONS.

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

    ``future budget projections

    ``Sec. 506G. <>   (a) Future Year Intelligence
    Plans.--(1) The Director of National Intelligence, with the concurrence
    of the Director of the Office of Management and Budget, shall provide to
    the congressional intelligence committees a Future Year Intelligence
    Plan, as described in paragraph (2), for--
    ``(A) each expenditure center in the National Intelligence
    Program; and
    ``(B) each major system in the National Intelligence
    Program.

    ``(2)(A) A Future Year Intelligence Plan submitted under this
    subsection shall include the year-by-year proposed funding for each
    center or system referred to in subparagraph (A) or (B) of paragraph
    (1), for the budget year for which the Plan is submitted and not less
    than the 4 subsequent fiscal years.
    ``(B) A Future Year Intelligence Plan submitted under subparagraph
    (B) of paragraph (1) for a major system shall include--
    ``(i) the estimated total life-cycle cost of such major
    system; and
    ``(ii) major milestones that have significant resource
    implications for such major system.

    ``(b) Long-term Budget Projections.--(1) <>  The
    Director of National Intelligence, with the concurrence of the Director
    of the Office of Management and Budget, shall provide to the
    congressional intelligence committees a Long-term Budget Projection for
    each element of the intelligence community funded under the National
    Intelligence Program acquiring a major system that includes the budget
    for such element for the 5-year period that begins on the day after the
    end of the last fiscal year for which year-by-year

    [[Page 2682]]

    proposed funding is included in a Future Year Intelligence Plan for such
    major system in accordance with subsection (a)(2)(A).

    ``(2) A Long-term Budget Projection submitted under paragraph (1)
    shall include--
    ``(A) projections for the appropriate element of the
    intelligence community for--
    ``(i) pay and benefits of officers and employees of
    such element;
    ``(ii) other operating and support costs and minor
    acquisitions of such element;
    ``(iii) research and technology required by such
    element;
    ``(iv) current and planned major system acquisitions
    for such element;
    ``(v) any future major system acquisitions for such
    element; and
    ``(vi) any additional funding projections that the
    Director of National Intelligence considers appropriate;
    ``(B) a budget projection based on effective cost and
    schedule execution of current or planned major system
    acquisitions and application of Office of Management and Budget
    inflation estimates to future major system acquisitions;
    ``(C) any additional assumptions and projections that the
    Director of National Intelligence considers appropriate; and
    ``(D) a description of whether, and to what extent, the
    total projection for each year exceeds the level that would
    result from applying the most recent Office of Management and
    Budget inflation estimate to the budget of that element of the
    intelligence community.

    ``(c) Submission to Congress.--The Director of National
    Intelligence, with the concurrence of the Director of the Office of
    Management and Budget, shall submit to the congressional intelligence
    committees each Future Year Intelligence Plan or Long-term Budget
    Projection required under subsection (a) or (b) for a fiscal year at the
    time that the President submits to Congress the budget for such fiscal
    year pursuant section 1105 of title 31, United States Code.
    ``(d) Major System Affordability Report.--(1) The Director of
    National Intelligence, with the concurrence of the Director of the
    Office of Management and Budget, shall prepare a report on the
    acquisition of a major system funded under the National Intelligence
    Program before the time that the President submits to Congress the
    budget for the first fiscal year in which appropriated funds are
    anticipated to be obligated for the development or procurement of such
    major system.
    ``(2) The report on such major system shall include an assessment of
    whether, and to what extent, such acquisition, if developed, procured,
    and operated, is projected to cause an increase in the most recent
    Future Year Intelligence Plan and Long-term Budget Projection submitted
    under section 506G for an element of the intelligence community.
    ``(3) The Director of National Intelligence shall update the report
    whenever an independent cost estimate must be updated pursuant to
    section 506A(a)(4).
    ``(4) The Director of National Intelligence shall submit each report
    required by this subsection at the time that the President submits to
    Congress the budget for a fiscal year pursuant to section 1105 of title
    31, United States Code.

    [[Page 2683]]

    ``(e) Definitions.--In this section:
    ``(1) Budget year.--The term `budget year' means the next
    fiscal year for which the President is required to submit to
    Congress a budget pursuant to section 1105 of title 31, United
    States Code.
    ``(2) Independent cost estimate; major system.--The terms
    `independent cost estimate' and `major system' have the meaning
    given those terms in section 506A(e).''.

    (b) <>  Applicability Date.--The first
    Future Year Intelligence Plan and Long-term Budget Projection required
    to be submitted under subsection (a) and (b) of section 506G of the
    National Security Act of 1947, as added by subsection (a), shall be
    submitted to the congressional intelligence committees at the time that
    the President submits to Congress the budget for fiscal year 2012
    pursuant to section 1105 of title 31, United States Code.

    (c) Conforming Amendments.--
    (1) Table of contents amendment.--The table of contents in
    the first section of that Act, as amended by section 324 of this
    Act, is further amended by inserting after the items relating to
    section 506F, as added by section 324(b), the following new
    item:

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

    (2) Repeal of duplicative provision.--Section 8104 of the
    Department of Defense Appropriations Act, 2010 (50 U.S.C. 415a-
    3; Public Law 111-118; 123 Stat. 3451) is repealed.
    SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS.

    Subsection (n) of section 102A of the National Security Act of 1947
    (50 U.S.C. 403-1) is amended by adding at the end the following new
    paragraph:
    ``(4)(A) In addition to the authority referred to in paragraph (1),
    the Director of National Intelligence may authorize the head of an
    element of the intelligence community to exercise an acquisition
    authority referred to in section 3 or 8(a) of the Central Intelligence
    Agency Act of 1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by
    such element that is more than 50 percent funded under the National
    Intelligence Program.
    ``(B) The head of an element of the intelligence community may not
    exercise an authority referred to in subparagraph (A) until--
    ``(i) the head of such element (without delegation) submits
    to the Director of National Intelligence a written request that
    includes--
    ``(I) a description of such authority requested to
    be exercised;
    ``(II) an explanation of the need for such
    authority, including an explanation of the reasons that
    other authorities are insufficient; and
    ``(III) a certification that the mission of such
    element would be--
    ``(aa) impaired if such authority is not
    exercised; or
    ``(bb) significantly and measurably enhanced
    if such authority is exercised; and

    [[Page 2684]]

    ``(ii) the Director of National Intelligence issues a
    written authorization that includes--
    ``(I) a description of the authority referred to in
    subparagraph (A) that is authorized to be exercised; and
    ``(II) a justification to support the exercise of
    such authority.

    ``(C) A request and authorization to exercise an authority referred
    to in subparagraph (A) may be made with respect to an individual
    acquisition or with respect to a specific class of acquisitions
    described in the request and authorization referred to in subparagraph
    (B).
    ``(D)(i) A request from a head of an element of the intelligence
    community located within one of the departments described in clause (ii)
    to exercise an authority referred to in subparagraph (A) shall be
    submitted to the Director of National Intelligence in accordance with
    any procedures established by the head of such department.
    ``(ii) The departments described in this clause are the Department
    of Defense, the Department of Energy, the Department of Homeland
    Security, the Department of Justice, the Department of State, and the
    Department of the Treasury.
    ``(E)(i) The head of an element of the intelligence community may
    not be authorized to utilize an authority referred to in subparagraph
    (A) for a class of acquisitions for a period of more than 3 years,
    except that the Director of National Intelligence (without delegation)
    may authorize the use of such an authority for not more than 6 years.
    ``(ii) Each authorization to utilize an authority referred to in
    subparagraph (A) may be extended in accordance with the requirements of
    subparagraph (B) for successive periods of not more than 3 years, except
    that the Director of National Intelligence (without delegation) may
    authorize an extension period of not more than 6 years.
    ``(F) Subject to clauses (i) and (ii) of subparagraph (E), the
    Director of National Intelligence may only delegate the authority of the
    Director under subparagraphs (A) through (E) to the Principal Deputy
    Director of National Intelligence or a Deputy Director of National
    Intelligence.
    ``(G) <> The Director of National Intelligence
    shall submit--
    ``(i) to the congressional intelligence committees a
    notification of an authorization to exercise an authority
    referred to in subparagraph (A) or an extension of such
    authorization that includes the written authorization referred
    to in subparagraph (B)(ii); and
    ``(ii) to the Director of the Office of Management and
    Budget a notification of an authorization to exercise an
    authority referred to in subparagraph (A) for an acquisition or
    class of acquisitions that will exceed $50,000,000 annually.

    ``(H) <> Requests and authorizations to exercise
    an authority referred to in subparagraph (A) shall remain available
    within the Office of the Director of National Intelligence for a period
    of at least 6 years following the date of such request or authorization.

    ``(I) Nothing in this paragraph may be construed to alter or
    otherwise limit the authority of the Central Intelligence Agency to
    independently exercise an authority under section 3 or 8(a) of the
    Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 403j(a)).''.

    [[Page 2685]]

    Subtitle D--Congressional Oversight, Plans, and Reports

    SEC. 331. NOTIFICATION PROCEDURES.

    (a) Procedures.--Section 501(c) of the National Security Act of 1947
    (50 U.S.C. 413(c)) is amended by striking ``such procedures'' and
    inserting ``such written procedures''.
    (b) Intelligence Activities.--Section 502(a)(2) of such Act (50
    U.S.C. 413a(a)(2)) is amended by inserting ``(including the legal basis
    under which the intelligence activity is being or was conducted)'' after
    ``concerning intelligence activities''.
    (c) Covert Actions.--Section 503 of such Act (50 U.S.C. 413b) is
    amended--
    (1) in subsection (b)(2), by inserting ``(including the
    legal basis under which the covert action is being or was
    conducted)'' after ``concerning covert actions'';
    (2) in subsection (c)--
    (A) in paragraph (1), by inserting ``in writing''
    after ``be reported'';
    (B) in paragraph (4), by striking ``committee.
    When'' and inserting the following: ``committee.
    ``(5)(A) When''; and
    (C) in paragraph (5), as designated by subparagraph
    (B)--
    (i) in subparagraph (A), as so designated--
    (I) by inserting ``, or a
    notification provided under subsection
    (d)(1),'' after ``access to a finding'';
    (II) by inserting ``written'' before
    ``statement''; and
    (ii) by adding at the end the following new
    subparagraph:
    ``(B) <>  Not later than
    180 days after a statement of reasons is submitted in
    accordance with subparagraph (A) or this subparagraph,
    the President shall ensure that--
    ``(i) all members of the congressional
    intelligence committees are provided access to the
    finding or notification; or
    ``(ii) a statement of reasons that it is
    essential to continue to limit access to such
    finding or such notification to meet extraordinary
    circumstances affecting vital interests of the
    United States is submitted to the Members of
    Congress specified in paragraph (2).'';
    (3) in subsection (d)--
    (A) by striking ``(d) The President'' and inserting
    ``(d)(1) The President'';
    (B) in paragraph (1), as designated by subparagraph
    (A), by inserting ``in writing'' after ``notified''; and
    (C) by adding at the end the following new
    paragraph:
    ``(2) <>  In determining whether an
    activity constitutes a significant undertaking for purposes of
    paragraph (1), the President shall consider whether the
    activity--
    ``(A) involves significant risk of loss of life;
    ``(B) requires an expansion of existing authorities,
    including authorities relating to research, development,
    or operations;

    [[Page 2686]]

    ``(C) results in the expenditure of significant
    funds or other resources;
    ``(D) requires notification under section 504;
    ``(E) gives rise to a significant risk of disclosing
    intelligence sources or methods; or
    ``(F) presents a reasonably foreseeable risk of
    serious damage to the diplomatic relations of the United
    States if such activity were disclosed without
    authorization.''; and
    (4) by adding at the end the following new subsection:

    ``(g)(1) <>  In any case where
    access to a finding reported under subsection (c) or notification
    provided under subsection (d)(1) is not made available to all members of
    a congressional intelligence committee in accordance with subsection
    (c)(2), the President shall notify all members of such committee that
    such finding or such notification has been provided only to the members
    specified in subsection (c)(2).

    ``(2) In any case where access to a finding reported under
    subsection (c) or notification provided under subsection (d)(1) is not
    made available to all members of a congressional intelligence committee
    in accordance with subsection (c)(2), the President shall provide to all
    members of such committee a general description regarding the finding or
    notification, as applicable, consistent with the reasons for not yet
    fully informing all members of such committee.
    ``(3) <>  The President shall maintain--
    ``(A) a record of the members of Congress to whom a finding
    is reported under subsection (c) or notification is provided
    under subsection (d)(1) and the date on which each member of
    Congress receives such finding or notification; and
    ``(B) each written statement provided under subsection
    (c)(5).''.
    SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT REQUIREMENTS.

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

    ``certification of compliance with oversight requirements

    ``Sec. 508.  <> The head of each
    element of the intelligence community shall annually submit to the
    congressional intelligence committees--
    ``(1) a certification that, to the best of the knowledge of
    the head of such element--
    ``(A) the head of such element is in full compliance
    with the requirements of this title; and
    ``(B) any information required to be submitted by
    the head of such element under this Act before the date
    of the submission of such certification has been
    properly submitted; or
    ``(2) if the head of such element is unable to submit a
    certification under paragraph (1), a statement--
    ``(A) of the reasons the head of such element is
    unable to submit such a certification;
    ``(B) describing any information required to be
    submitted by the head of such element under this Act
    before

    [[Page 2687]]

    the date of the submission of such statement that has
    not been properly submitted; and
    ``(C) that the head of such element will submit such
    information as soon as possible after the submission of
    such statement.''.

    (b) <>  Applicability Date.--The first
    certification or statement required to be submitted by the head of each
    element of the intelligence community under section 508 of the National
    Security Act of 1947, as added by subsection (a), shall be submitted not
    later than 90 days after the date of the enactment of this Act.

    (c) Table of Contents Amendment.--The table of contents in the first
    section of the National Security Act of 1947, as amended by section 325
    of this Act, is further amended by inserting after the item related to
    section 507 the following new item:

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

    SEC. 333. REPORT ON DETENTION AND INTERROGATION ACTIVITIES.

    (a) Requirement for Report.--Not later than December 1, 2010, the
    Director of National Intelligence, in coordination with the Attorney
    General and the Secretary of Defense, shall submit to the congressional
    intelligence committees a comprehensive report containing--
    (1) the policies and procedures of the United States
    Government governing participation by an element of the
    intelligence community in the interrogation of individuals
    detained by the United States who are suspected of international
    terrorism with the objective, in whole or in part, of acquiring
    national intelligence, including such policies and procedures of
    each appropriate element of the intelligence community or
    interagency body established to carry out interrogations;
    (2) the policies and procedures relating to any detention by
    the Central Intelligence Agency of such individuals in
    accordance with Executive Order 13491;
    (3) the legal basis for the policies and procedures referred
    to in paragraphs (1) and (2);
    (4) the training and research to support the policies and
    procedures referred to in paragraphs (1) and (2); and
    (5) any action that has been taken to implement section 1004
    of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-1).

    (b) Other Submission of Report.--
    (1) Congressional armed services committees.--To the extent
    that the report required by subsection (a) addresses an element
    of the intelligence community within the Department of Defense,
    the Director of National Intelligence, in consultation with the
    Secretary of Defense, shall submit that portion of the report,
    and any associated material that is necessary to make that
    portion understandable, to the Committee on Armed Services of
    the Senate and the Committee on Armed Services of the House of
    Representatives. The Director of National Intelligence may
    authorize redactions of the report and any associated materials
    submitted pursuant to this paragraph, if such redactions are
    consistent with the protection of sensitive intelligence sources
    and methods.
    (2) Congressional judiciary committees.--To the extent that
    the report required by subsection (a) addresses an element of
    the intelligence community within the Department of Justice,

    [[Page 2688]]

    the Director of National Intelligence, in consultation with the
    Attorney General, shall submit that portion of the report, and
    any associated material that is necessary to make that portion
    understandable, to the Committee on the Judiciary of the Senate
    and the Committee on the Judiciary of the House of
    Representatives. The Director of National Intelligence may
    authorize redactions of the report and any associated materials
    submitted pursuant to this paragraph, if such redactions are
    consistent with the protection of sensitive intelligence sources
    and methods.

    (c) Form of Submissions.--Any submission required under this section
    may be submitted in classified form.
    SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM
    OF DETAINEES HELD AT UNITED STATES NAVAL
    STATION, GUANTANAMO BAY, CUBA.

    <> Not later than 60 days after the date
    of the enactment of this Act, the Director of National Intelligence, in
    consultation with the Director of the Central Intelligence Agency and
    the Director of the Defense Intelligence Agency, shall make publicly
    available an unclassified summary of--
    (1) intelligence relating to recidivism of detainees
    currently or formerly held at the Naval Detention Facility at
    Guantanamo Bay, Cuba, by the Department of Defense; and
    (2) an assessment of the likelihood that such detainees will
    engage in terrorism or communicate with persons in terrorist
    organizations.
    SEC. 335. <> REPORT AND STRATEGIC PLAN ON
    BIOLOGICAL WEAPONS.

    (a) Requirement for Report.--Not later than 180 days after the date
    of the enactment of this Act, the Director of National Intelligence
    shall submit to the congressional intelligence committees a report on--
    (1) the intelligence collection efforts of the United States
    dedicated to assessing the threat from biological weapons from
    state, nonstate, or rogue actors, either foreign or domestic;
    and
    (2) efforts to protect the biodefense knowledge and
    infrastructure of the United States.

    (b) Content.--The report required by subsection (a) shall include--
    (1) an assessment of the intelligence collection efforts of
    the United States dedicated to detecting the development or use
    of biological weapons by state, nonstate, or rogue actors,
    either foreign or domestic;
    (2) information on fiscal, human, technical, open-source,
    and other intelligence collection resources of the United States
    dedicated for use to detect or protect against the threat of
    biological weapons;
    (3) an assessment of any problems that may reduce the
    overall effectiveness of United States intelligence collection
    and analysis to identify and protect biological weapons targets,
    including--
    (A) intelligence collection gaps or inefficiencies;
    (B) inadequate information sharing practices; or
    (C) inadequate cooperation among departments or
    agencies of the United States;

    [[Page 2689]]

    (4) a strategic plan prepared by the Director of National
    Intelligence, in coordination with the Attorney General, the
    Secretary of Defense, and the Secretary of Homeland Security,
    that provides for actions for the appropriate elements of the
    intelligence community to close important intelligence gaps
    related to biological weapons;
    (5) a description of appropriate goals, schedules,
    milestones, or metrics to measure the long-term effectiveness of
    actions implemented to carry out the plan described in paragraph
    (4); and
    (6) any long-term resource and human capital issues related
    to the collection of intelligence regarding biological weapons,
    including any recommendations to address shortfalls of
    experienced and qualified staff possessing relevant scientific,
    language, and technical skills.

    (c) <>  Implementation of Strategic Plan.--Not
    later than 30 days after the date on which the Director of National
    Intelligence submits the report required by subsection (a), the Director
    shall begin implementation of the strategic plan referred to in
    subsection (b)(4).
    SEC. 336. <> CYBERSECURITY OVERSIGHT.

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

    [[Page 2690]]

    (b) Program Reports.--
    (1) Requirement for reports.--The head of a department or
    agency of the United States with responsibility for a
    cybersecurity program for which a notification was submitted
    under subsection (a), in consultation with the inspector general
    for that department or agency, shall submit to Congress and the
    President a report on such cybersecurity program that includes--
    (A) the results of any audit or review of the
    cybersecurity program carried out under the plan
    referred to in subsection (a)(2)(E), if any; and
    (B) an assessment of whether the implementation of
    the cybersecurity program--
    (i) is in compliance with--
    (I) the legal basis referred to in
    subsection (a)(2)(A); and
    (II) an assessment referred to in
    subsection (a)(2)(D), if any;
    (ii) is adequately described by the concept of
    operation referred to in subsection (a)(2)(C); and
    (iii) includes an adequate independent audit
    or review system and whether improvements to such
    independent audit or review system are necessary.
    (2) Schedule for submission of reports.--
    (A) Existing programs.--Not later than 180 days
    after the date of the enactment of this Act, and
    annually thereafter, the head of a department or agency
    of the United States with responsibility for a
    cybersecurity program for which a notification is
    required to be submitted under subsection (a)(1)(A)
    shall submit a report required under paragraph (1).
    (B) New programs.--Not later than 120 days after the
    date on which a certification is submitted under
    subsection (a)(1)(B), and annually thereafter, the head
    of a department or agency of the United States with
    responsibility for the cybersecurity program for which
    such certification is submitted shall submit a report
    required under paragraph (1).
    (3) Cooperation and coordination.--
    (A) Cooperation.--The head of each department or
    agency of the United States required to submit a report
    under paragraph (1) for a particular cybersecurity
    program, and the inspector general of each such
    department or agency, shall, to the extent practicable,
    work in conjunction with any other such head or
    inspector general required to submit such a report for
    such cybersecurity program.
    (B) Coordination.--The heads of all of the
    departments and agencies of the United States required
    to submit a report under paragraph (1) for a particular
    cybersecurity program shall designate one such head to
    coordinate the conduct of the reports on such program.

    (c) <>  Information Sharing Report.--Not later than
    one year after the date of the enactment of this Act, the Inspector
    General of the Department of Homeland Security and the Inspector General
    of the Intelligence Community shall jointly submit to Congress and the
    President a report on the status of the sharing of cyber-threat
    information, including--

    [[Page 2691]]

    (1) a description of how cyber-threat intelligence
    information, including classified information, is shared among
    the agencies and departments of the United States and with
    persons responsible for critical infrastructure;
    (2) a description of the mechanisms by which classified
    cyber-threat information is distributed;
    (3) an assessment of the effectiveness of cyber-threat
    information sharing and distribution; and
    (4) any other matters identified by either Inspector General
    that would help to fully inform Congress or the President
    regarding the effectiveness and legality of cybersecurity
    programs.

    (d) Personnel Details.--
    (1) Authority to detail.--Notwithstanding any other
    provision of law, the head of an element of the intelligence
    community that is funded through the National Intelligence
    Program may detail an officer or employee of such element to the
    National Cyber Investigative Joint Task Force or to the
    Department of Homeland Security to assist the Task Force or the
    Department with cybersecurity, as jointly agreed by the head of
    such element and the Task Force or the Department.
    (2) Basis for detail.--A personnel detail made under
    paragraph (1) may be made--
    (A) for a period of not more than three years; and
    (B) on a reimbursable or nonreimbursable basis.

    (e) <>  Additional Plan.--Not later than 180 days
    after the date of the enactment of this Act, the Director of National
    Intelligence shall submit to Congress a plan for recruiting, retaining,
    and training a highly-qualified cybersecurity intelligence community
    workforce to secure the networks of the intelligence community. Such
    plan shall include--
    (1) an assessment of the capabilities of the current
    workforce;
    (2) an examination of issues of recruiting, retention, and
    the professional development of such workforce, including the
    possibility of providing retention bonuses or other forms of
    compensation;
    (3) an assessment of the benefits of outreach and training
    with both private industry and academic institutions with
    respect to such workforce;
    (4) an assessment of the impact of the establishment of the
    Department of Defense Cyber Command on such workforce;
    (5) an examination of best practices for making the
    intelligence community workforce aware of cybersecurity best
    practices and principles; and
    (6) strategies for addressing such other matters as the
    Director of National Intelligence considers necessary to the
    cybersecurity of the intelligence community.

    (f) Report on Guidelines and Legislation To Improve Cybersecurity of
    the United States.--
    (1) Initial.--Not later than one year after the date of the
    enactment of this Act, the Director of National Intelligence, in
    coordination with the Attorney General, the Director of the
    National Security Agency, the White House Cybersecurity
    Coordinator, and any other officials the Director of National
    Intelligence considers appropriate, shall submit to Congress

    [[Page 2692]]

    a report containing guidelines or legislative recommendations,
    if appropriate, to improve the capabilities of the intelligence
    community and law enforcement agencies to protect the
    cybersecurity of the United States. Such report shall include
    guidelines or legislative recommendations on--
    (A) improving the ability of the intelligence
    community to detect hostile actions and attribute
    attacks to specific parties;
    (B) the need for data retention requirements to
    assist the intelligence community and law enforcement
    agencies;
    (C) improving the ability of the intelligence
    community to anticipate nontraditional targets of
    foreign intelligence services; and
    (D) the adequacy of existing criminal statutes to
    successfully deter cyber attacks, including statutes
    criminalizing the facilitation of criminal acts, the
    scope of laws for which a cyber crime constitutes a
    predicate offense, trespassing statutes, data breach
    notification requirements, and victim restitution
    statutes.
    (2) <>  Subsequent.--Not later than one
    year after the date on which the initial report is submitted
    under paragraph (1), and annually thereafter for two years, the
    Director of National Intelligence, in consultation with the
    Attorney General, the Director of the National Security Agency,
    the White House Cybersecurity Coordinator, and any other
    officials the Director of National Intelligence considers
    appropriate, shall submit to Congress an update of the report
    required under paragraph (1).

    (g) Sunset.--The requirements and authorities of subsections (a)
    through (e) shall terminate on December 31, 2013.
    (h) Definitions.--In this section:
    (1) Cybersecurity program.--The term ``cybersecurity
    program'' means a class or collection of similar cybersecurity
    operations of a department or agency of the United States that
    involves personally identifiable data that is--
    (A) screened by a cybersecurity system outside of
    the department or agency of the United States that was
    the intended recipient of the personally identifiable
    data;
    (B) transferred, for the purpose of cybersecurity,
    outside the department or agency of the United States
    that was the intended recipient of the personally
    identifiable data; or
    (C) transferred, for the purpose of cybersecurity,
    to an element of the intelligence community.
    (2) National cyber investigative joint task force.--The term
    ``National Cyber Investigative Joint Task Force'' means the
    multiagency cyber investigation coordination organization
    overseen by the Director of the Federal Bureau of Investigation
    known as the National Cyber Investigative Joint Task Force that
    coordinates, integrates, and provides pertinent information
    related to cybersecurity investigations.
    (3) Critical infrastructure.--The term ``critical
    infrastructure'' has the meaning given that term in section 1016
    of the USA PATRIOT Act (42 U.S.C. 5195c).

    [[Page 2693]]

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

    (a) Report.--Not later than one year after the date of the enactment
    of this Act, and biennially thereafter for four years, the Director of
    National Intelligence shall submit to the congressional intelligence
    committees and the Committees on Armed Services of the House of
    Representatives and the Senate a report on the proficiency in foreign
    languages and, as appropriate, in foreign dialects, of each element of
    the intelligence community, including--
    (1) the number of positions authorized for such element that
    require foreign language proficiency and a description of the
    level of proficiency required;
    (2) an estimate of the number of such positions that such
    element will require during the five-year period beginning on
    the date of the submission of the report;
    (3) the number of positions authorized for such element that
    require foreign language proficiency that are filled by--
    (A) military personnel; and
    (B) civilian personnel;
    (4) the number of applicants for positions in such element
    in the preceding fiscal year that indicated foreign language
    proficiency, including the foreign language indicated and the
    proficiency level;
    (5) the number of persons hired by such element with foreign
    language proficiency, including the foreign language and a
    description of the proficiency level of such persons;
    (6) the number of personnel of such element currently
    attending foreign language training, including the provider of
    such training;
    (7) a description of the efforts of such element to recruit,
    hire, train, and retain personnel that are proficient in a
    foreign language;
    (8) an assessment of methods and models for basic, advanced,
    and intensive foreign language training utilized by such
    element;
    (9) for each foreign language and, as appropriate, dialect
    of a foreign language--
    (A) the number of positions of such element that
    require proficiency in the foreign language or dialect;
    (B) the number of personnel of such element that are
    serving in a position that requires proficiency in the
    foreign language or dialect to perform the primary duty
    of the position;
    (C) the number of personnel of such element that are
    serving in a position that does not require proficiency
    in the foreign language or dialect to perform the
    primary duty of the position;
    (D) the number of personnel of such element rated at
    each level of proficiency of the Interagency Language
    Roundtable;
    (E) whether the number of personnel at each level of
    proficiency of the Interagency Language Roundtable meets
    the requirements of such element;
    (F) the number of personnel serving or hired to
    serve as linguists for such element that are not
    qualified as linguists under the standards of the
    Interagency Language Roundtable;

    [[Page 2694]]

    (G) the number of personnel hired to serve as
    linguists for such element during the preceding calendar
    year;
    (H) the number of personnel serving as linguists
    that discontinued serving such element during the
    preceding calendar year;
    (I) the percentage of work requiring linguistic
    skills that is fulfilled by a foreign country,
    international organization, or other foreign entity; and
    (J) the percentage of work requiring linguistic
    skills that is fulfilled by contractors;
    (10) an assessment of the foreign language capacity and
    capabilities of the intelligence community as a whole;
    (11) an identification of any critical gaps in foreign
    language proficiency with respect to such element and
    recommendations for eliminating such gaps;
    (12) recommendations, if any, for eliminating required
    reports relating to foreign-language proficiency that the
    Director of National Intelligence considers outdated or no
    longer relevant; and
    (13) an assessment of the feasibility of employing foreign
    nationals lawfully present in the United States who have
    previously worked as translators or interpreters for the Armed
    Forces or another department or agency of the United States
    Government in Iraq or Afghanistan to meet the critical language
    needs of such element.

    (b) Form.--The report required under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 338. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE
    INTELLIGENCE COMMUNITY.

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

    (c) Form.--The report required by subsection (a) shall be submitted
    in unclassified form, but may include a classified annex.

    [[Page 2695]]

    SEC. 339. REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.

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

    [[Page 2696]]

    (J) an analysis of procedures in use in the
    intelligence community as of February 1, 2011, for
    conducting oversight of contractors to ensure
    identification and prosecution of criminal violations,
    financial waste, fraud, or other abuses committed by
    contractors or contract personnel; and
    (K) an identification of best practices for
    oversight and accountability mechanisms applicable to
    personal services contracts.
    (2) Activities.--Activities described in this paragraph are
    the following:
    (A) Intelligence collection.
    (B) Intelligence analysis.
    (C) Covert actions, including rendition, detention,
    and interrogation activities.
    SEC. 340. STUDY ON ELECTRONIC WASTE DESTRUCTION PRACTICES OF THE
    INTELLIGENCE COMMUNITY.

    (a) Study.--The Inspector General of the Intelligence Community
    shall conduct a study on the electronic waste destruction practices of
    the intelligence community. Such study shall assess--
    (1) the security of the electronic waste disposal practices
    of the intelligence community, including the potential for
    counterintelligence exploitation of destroyed, discarded, or
    recycled materials;
    (2) the environmental impact of such disposal practices; and
    (3) methods to improve the security and environmental impact
    of such disposal practices, including steps to prevent the
    forensic exploitation of electronic waste.

    (b) Report.--Not later than one year after the date of the enactment
    of this Act, the Inspector General of the Intelligence Community shall
    submit to the congressional intelligence committees a report containing
    the results of the study conducted under subsection (a).
    SEC. 341. REVIEW OF RECORDS RELATING TO POTENTIAL HEALTH RISKS
    AMONG DESERT STORM VETERANS.

    (a) Review.--The Director of the Central Intelligence Agency shall
    conduct a classification review of the records of the Agency that are
    relevant to the known or potential health effects suffered by veterans
    of Operation Desert Storm as described in the November 2008, report by
    the Department of Veterans Affairs Research Advisory Committee on Gulf
    War Veterans' Illnesses.
    (b) Report.--Not later than one year after the date of the enactment
    of this Act, the Director of the Central Intelligence Agency shall
    submit to Congress the results of the classification review conducted
    under subsection (a), including the total number of records of the
    Agency that are relevant.
    (c) Form.--The report required under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 342. REVIEW OF FEDERAL BUREAU OF INVESTIGATION EXERCISE OF
    ENFORCEMENT JURISDICTION IN FOREIGN
    NATIONS.

    <> Not later than 120 days after the date of the
    enactment of this Act, the Director of the Federal Bureau of
    Investigation, in consultation with the Secretary of State, shall submit
    to Congress a review of constraints under international law and the laws
    of foreign nations to the assertion of enforcement jurisdiction with

    [[Page 2697]]

    respect to criminal investigations of terrorism offenses under the laws
    of the United States conducted by agents of the Federal Bureau of
    Investigation in foreign nations and using funds made available for the
    National Intelligence Program, including constraints identified in
    section 432 of the Restatement (Third) of the Foreign Relations Law of
    the United States.
    SEC. 343. PUBLIC RELEASE OF INFORMATION ON PROCEDURES USED IN
    NARCOTICS AIRBRIDGE DENIAL PROGRAM IN
    PERU.

    Not later than 30 days after the date of the enactment of this Act,
    the Director of the Central Intelligence Agency shall make publicly
    available an unclassified version of the report of the Inspector General
    of the Central Intelligence Agency entitled ``Procedures Used in
    Narcotics Airbridge Denial Program in Peru, 1995-2001'', dated August
    25, 2008.
    SEC. 344. REPORT ON THREAT FROM DIRTY BOMBS.

    <> Not later than 180 days
    after the date of the enactment of this Act, the Director of National
    Intelligence, in consultation with the Nuclear Regulatory Commission,
    shall submit to Congress a report summarizing intelligence related to
    the threat to the United States from weapons that use radiological
    materials, including highly dispersible substances such as cesium-137.
    SEC. 345. REPORT ON CREATION OF SPACE INTELLIGENCE OFFICE.

    Not later than 60 days after the date of the enactment of this Act,
    the Director of National Intelligence shall submit to Congress a report
    on the feasibility and advisability of creating a national space
    intelligence office to manage space-related intelligence assets and
    access to such assets.
    SEC. 346. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE DEVICE ON
    NORTHWEST AIRLINES FLIGHT 253.

    Not later than 180 days after the date of the enactment of this Act,
    the Director of National Intelligence shall submit to Congress a report
    on the attempt to detonate an explosive device aboard Northwest Airlines
    flight number 253 on December 25, 2009. Such report shall describe the
    failures, if any, to share or analyze intelligence or other information
    and the measures that the intelligence community has taken or will take
    to prevent such failures, including--
    (1) a description of the roles and responsibilities of the
    counterterrorism analytic components of the intelligence
    community in synchronizing, correlating, and analyzing all
    sources of intelligence related to terrorism;
    (2) an assessment of the technological capabilities of the
    United States Government to assess terrorist threats,
    including--
    (A) a list of all databases used by counterterrorism
    analysts;
    (B) a description of the steps taken by the
    intelligence community to integrate all relevant
    terrorist databases and allow for cross-database
    searches;
    (C) a description of the steps taken by the
    intelligence community to correlate biographic
    information with terrorism-related intelligence; and

    [[Page 2698]]

    (D) a description of the improvements to information
    technology needed to enable the United States Government
    to better share information;
    (3) any recommendations that the Director considers
    appropriate for legislation to improve the sharing of
    intelligence or information relating to terrorists;
    (4) a description of the steps taken by the intelligence
    community to train analysts on watchlisting processes and
    procedures;
    (5) a description of the manner in which watchlisting
    information is entered, reviewed, searched, analyzed, and acted
    upon by the relevant elements of the United States Government;
    (6) a description of the steps the intelligence community is
    taking to enhance the rigor and raise the standard of tradecraft
    of intelligence analysis related to uncovering and preventing
    terrorist plots;
    (7) a description of the processes and procedures by which
    the intelligence community prioritizes terrorism threat leads
    and the standards used by elements of the intelligence community
    to determine if follow-up action is appropriate;
    (8) a description of the steps taken to enhance record
    information on possible terrorists in the Terrorist Identities
    Datamart Environment;
    (9) an assessment of how to meet the challenge associated
    with exploiting the ever-increasing volume of information
    available to the intelligence community; and
    (10) a description of the steps the intelligence community
    has taken or will take to respond to any findings and
    recommendations of the congressional intelligence committees,
    with respect to any such failures, that have been transmitted to
    the Director of National Intelligence.
    SEC. 347. REPEAL OR MODIFICATION OF CERTAIN REPORTING
    REQUIREMENTS.

    (a) Annual Report on Intelligence.--Section 109 of the National
    Security Act of 1947 (50 U.S.C. 404d) is repealed.
    (b) Annual and Special Reports on Intelligence Sharing With the
    United Nations.--Section 112 of the National Security Act of 1947 (50
    U.S.C. 404g) is amended--
    (1) by striking subsection (b); and
    (2) by redesignating subsections (c), (d), and (e) as
    subsections (b), (c), and (d), respectively.

    (c) Annual Report on Progress in Auditable Financial Statements.--
    Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-1) is
    repealed.
    (d) Report on Financial Intelligence on Terrorist Assets.--Section
    118 of the National Security Act of 1947 (50 U.S.C. 404m) is amended--
    (1) in the heading, by striking ``semiannual'' and inserting
    ``annual'';
    (2) in subsection (a)--
    (A) in the heading, by striking ``Semiannual'' and
    inserting ``Annual'';
    (B) in the matter preceding paragraph (1)--
    (i) by striking ``semiannual basis'' and
    inserting ``annual basis''; and

    [[Page 2699]]

    (ii) by striking ``preceding six-month
    period'' and inserting ``preceding one-year
    period'';
    (C) by striking paragraph (2); and
    (D) by redesignating paragraphs (3) and (4) as
    paragraphs (2) and (3), respectively; and
    (3) in subsection (d)--
    (A) in paragraph (1), by inserting ``the Committee
    on Armed Services,'' after ``the Committee on
    Appropriations,''; and
    (B) in paragraph (2), by inserting ``the Committee
    on Armed Services,'' after ``the Committee on
    Appropriations,''.

    (e) Annual Certification on Counterintelligence Initiatives.--
    Section 1102(b) of the National Security Act of 1947 (50 U.S.C. 442a(b))
    is amended--
    (1) by striking ``(1)''; and
    (2) by striking paragraph (2).

    (f) Report and Certification Under Terrorist Identification
    Classification System.--Section 343 of the Intelligence Authorization
    Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is amended--
    (1) by striking subsection (d); and
    (2) by redesignating subsections (e), (f), (g), and (h) as
    subsections (d), (e), (f), and (g), respectively.

    (g) <>  Annual Report on Counterdrug Intelligence
    Matters.--Section 826 of the Intelligence Authorization Act for Fiscal
    Year 2003 (Public Law 107-306; 21 U.S.C. 873 note) is repealed.

    (h) Biennial Report on Foreign Industrial Espionage.--Subsection (b)
    of section 809 of the Intelligence Authorization Act for Fiscal Year
    1995 (50 U.S.C. App. 2170b) is amended--
    (1) in the heading, by striking ``Annual Update'' and
    inserting ``Biennial Report'';
    (2) by striking paragraphs (1) and (2) and inserting the
    following new paragraph:
    ``(1) <>  Requirement
    to submit.--Not later than February 1, 2011, and once every two
    years thereafter, the President shall submit to the
    congressional intelligence committees and congressional
    leadership a report updating the information referred to in
    subsection (a)(1)D).''; and
    (3) by redesignating paragraph (3) as paragraph (2).

    (i) Table of Contents Amendments.--
    (1) National security act of 1947.--The table of contents in
    the first section of the National Security Act of 1947, as
    amended by section 332 of this Act, is further amended--
    (A) by striking the item relating to section 109;
    (B) by striking the item relating to section 114A;
    and
    (C) by striking the item relating to section 118 and
    inserting the following new item:

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

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

    [[Page 2700]]

    SEC. 348. <>  INFORMATION ACCESS BY THE
    COMPTROLLER GENERAL OF THE UNITED STATES.

    (a) DNI Directive Governing Access.--
    (1) Requirement for directive.--The Director of National
    Intelligence, in consultation with the Comptroller General of
    the United States, shall issue a written directive governing the
    access of the Comptroller General to information in the
    possession of an element of the intelligence community.
    (2) Amendment to directive.--The Director of National
    Intelligence, in consultation with the Comptroller General, may
    issue an amendment to the directive issued under paragraph (1)
    at any time the Director determines such an amendment is
    appropriate.
    (3) Relationship to other laws.--The directive issued under
    paragraph (1) and any amendment to such directive issued under
    paragraph (2) shall be consistent with the provisions of--
    (A) chapter 7 of title 31, United States Code; and
    (B) the National Security Act of 1947 (50 U.S.C. 401
    et seq.).

    (b) Confidentiality of Information.--
    (1) Requirement for confidentiality.--The Comptroller
    General of the United States shall ensure that the level of
    confidentiality of information made available to the Comptroller
    General pursuant to the directive issued under subsection (a)(1)
    or an amendment to such directive issued under subsection (a)(2)
    is not less than the level of confidentiality of such
    information required of the head of the element of the
    intelligence community from which such information was obtained.
    (2) Penalties for unauthorized disclosure.--An officer or
    employee of the Government Accountability Office shall be
    subject to the same statutory penalties for unauthorized
    disclosure or use of such information as an officer or employee
    of the element of the intelligence community from which such
    information was obtained.

    (c) Submission to Congress.--
    (1) <>  Submission of directive.--The
    directive issued under subsection (a)(1) shall be submitted to
    Congress by the Director of National Intelligence, together with
    any comments of the Comptroller General of the United States, no
    later than May 1, 2011.
    (2) Submission of amendment.--Any amendment to such
    directive issued under subsection (a)(2) shall be submitted to
    Congress by the Director, together with any comments of the
    Comptroller General.

    (d) Effective Date.--The directive issued under subsection (a)(1)
    and any amendment to such directive issued under subsection (a)(2) shall
    take effect 60 days after the date such directive or amendment is
    submitted to Congress under subsection (c), unless the Director
    determines that for reasons of national security the directive or
    amendment should take effect sooner.
    SEC. 349. CONFORMING AMENDMENTS FOR REPORT SUBMISSION DATES.

    Section 507 of the National Security Act of 1947 (50 U.S.C. 415b) is
    amended--
    (1) in subsection (a)--

    [[Page 2701]]

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

    Subtitle E--Other Matters

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

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

    ``(C) In this paragraph, the term `intelligence community' has the
    meaning given that term in section 3(4) of the National Security Act of
    1947 (50 U.S.C. 401a(4)).''.
    SEC. 362. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT
    INTELLIGENCE ACTIVITIES.

    Subparagraph (B) of section 504(a)(3) of the National Security Act
    of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows:
    ``(B) the use of such funds for such activity supports an
    emergent need, improves program effectiveness, or increases
    efficiency; and''.
    SEC. 363. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION.

    (a) Increase in Penalties for Disclosure of Undercover Intelligence
    Officers and Agents.--
    (1) Disclosure of agent after access to information
    identifying agent.--Subsection (a) of section 601 of the
    National Security Act of 1947 (50 U.S.C. 421) is amended by
    striking ``ten years'' and inserting ``15 years''.
    (2) Disclosure of agent after access to classified
    information.--Subsection (b) of such section is amended by
    striking ``five years'' and inserting ``10 years''.

    [[Page 2702]]

    (b) Modifications to Annual Report on Protection of Intelligence
    Identities.--The first sentence of section 603(a) of the National
    Security Act of 1947 (50 U.S.C. 423(a)) is amended by inserting
    ``including an assessment of the need, if any, for modification of this
    title for the purpose of improving legal protections for covert
    agents,'' after ``measures to protect the identities of covert
    agents,''.
    SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET.

    Section 601 of the Implementing Recommendations of the 9/11
    Commission Act of 2007 (50 U.S.C. 415c) is amended to read as follows:
    ``SEC. 601. <> AVAILABILITY TO PUBLIC OF
    CERTAIN INTELLIGENCE FUNDING INFORMATION.

    ``(a) <>  Budget Request.--At the time that the
    President submits to Congress the budget for a fiscal year pursuant to
    section 1105 of title 31, United States Code, the President shall
    disclose to the public the aggregate amount of appropriations requested
    for that fiscal year for the National Intelligence Program.

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

    ``(d) Definition.--As used in this section, the term `National
    Intelligence Program' has the meaning given the term in section 3(6) of
    the National Security Act of 1947 (50 U.S.C. 401a(6)).''.
    SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC INTEREST
    DECLASSIFICATION BOARD.

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

    [[Page 2703]]

    (2) by inserting ``, to evaluate the proper classification
    of certain records,'' after ``certain records''.
    SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPERATIONS TO COLLECT
    FOREIGN INTELLIGENCE OR
    COUNTERINTELLIGENCE.

    Paragraph (1) of section 102(b) of the Department of Justice and
    Related Agencies Appropriations Act, 1993 (Public Law 102-395; 28 U.S.C.
    533 note) is amended in the flush text following subparagraph (D) by
    striking ``(or, if designated by the Director, the Assistant Director,
    Intelligence Division) and the Attorney General (or, if designated by
    the Attorney General, the Assistant Attorney General for National
    Security)'' and inserting ``(or a designee of the Director who is in a
    position not lower than Deputy Assistant Director in the National
    Security Branch or a similar successor position) and the Attorney
    General (or a designee of the Attorney General who is in the National
    Security Division in a position not lower than Deputy Assistant Attorney
    General or a similar successor position)''.
    SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY.

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

    ``reports on security clearances

    ``Sec. 506H. <>   (a) Quadrennial
    Audit of Position Requirements.--(1) The President shall every four
    years conduct an audit of the manner in which the executive branch
    determines whether a security clearance is required for a particular
    position in the United States Government.

    ``(2) Not later than 30 days after the completion of an audit
    conducted under paragraph (1), the President shall submit to Congress
    the results of such audit.
    ``(b) Report on Security Clearance Determinations.--(1) Not later
    than February 1 of each year, the President shall submit to Congress a
    report on the security clearance process. Such report shall include, for
    each security clearance level--
    ``(A) the number of employees of the United States
    Government who--
    ``(i) held a security clearance at such level as of
    October 1 of the preceding year; and
    ``(ii) were approved for a security clearance at
    such level during the preceding fiscal year;
    ``(B) the number of contractors to the United States
    Government who--
    ``(i) held a security clearance at such level as of
    October 1 of the preceding year; and
    ``(ii) were approved for a security clearance at
    such level during the preceding fiscal year; and
    ``(C) for each element of the intelligence community--

    [[Page 2704]]

    ``(i) the total amount of time it took to process
    the security clearance determination for such level
    that--
    ``(I) was among the 80 percent of security
    clearance determinations made during the preceding
    fiscal year that took the shortest amount of time
    to complete; and
    ``(II) took the longest amount of time to
    complete;
    ``(ii) the total amount of time it took to process
    the security clearance determination for such level
    that--
    ``(I) was among the 90 percent of security
    clearance determinations made during the preceding
    fiscal year that took the shortest amount of time
    to complete; and
    ``(II) took the longest amount of time to
    complete;
    ``(iii) the number of pending security clearance
    investigations for such level as of October 1 of the
    preceding year that have remained pending for--
    ``(I) 4 months or less;
    ``(II) between 4 months and 8 months;
    ``(III) between 8 months and one year; and
    ``(IV) more than one year;
    ``(iv) the percentage of reviews during the
    preceding fiscal year that resulted in a denial or
    revocation of a security clearance;
    ``(v) the percentage of investigations during the
    preceding fiscal year that resulted in incomplete
    information;
    ``(vi) the percentage of investigations during the
    preceding fiscal year that did not result in enough
    information to make a decision on potentially adverse
    information; and
    ``(vii) for security clearance determinations
    completed or pending during the preceding fiscal year
    that have taken longer than one year to complete--
    ``(I) the number of security clearance
    determinations for positions as employees of the
    United States Government that required more than
    one year to complete;
    ``(II) the number of security clearance
    determinations for contractors that required more
    than one year to complete;
    ``(III) the agencies that investigated and
    adjudicated such determinations; and
    ``(IV) the cause of significant delays in such
    determinations.

    ``(2) For purposes of paragraph (1), the President may consider--
    ``(A) security clearances at the level of confidential and
    secret as one security clearance level; and
    ``(B) security clearances at the level of top secret or
    higher as one security clearance level.

    ``(c) Form.--The results required under subsection (a)(2) and the
    reports required under subsection (b)(1) shall be submitted in
    unclassified form, but may include a classified annex.''.
    (B) <>  Initial audit.--
    The first audit required to be conducted under section
    506H(a)(1) of the National Security Act of 1947, as
    added by subparagraph (A) of this paragraph, shall be
    completed not later than February 1, 2011.

    [[Page 2705]]

    (C) Table of contents amendment.--The table of
    contents in the first section of such Act, as amended by
    section 347(i) of this Act, is further amended by
    inserting after the item relating to section 506G, as
    added by section 325 of this Act, the following new
    item:

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

    (2) Report on metrics for adjudication quality.--Not later
    than 180 days after the date of the enactment of this Act, the
    President shall submit to Congress a report on security
    clearance investigations and adjudications. Such report shall
    include--
    (A) United States Government-wide adjudication
    guidelines and metrics for adjudication quality;
    (B) a plan to improve the professional development
    of security clearance adjudicators;
    (C) metrics to evaluate the effectiveness of
    interagency clearance reciprocity;
    (D) United States Government-wide investigation
    standards and metrics for investigation quality; and
    (E) the advisability, feasibility,
    counterintelligence risk, and cost effectiveness of--
    (i) by not later than January 1, 2012,
    requiring the investigation and adjudication of
    security clearances to be conducted by not more
    than two Federal agencies; and
    (ii) by not later than January 1, 2015,
    requiring the investigation and adjudication of
    security clearances to be conducted by not more
    than one Federal agency.

    (b) Security Clearance Reciprocity.--
    (1) Audit.--The Inspector General of the Intelligence
    Community shall conduct an audit of the reciprocity of security
    clearances among the elements of the intelligence community.
    (2) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Inspector General of the Intelligence
    Community shall submit to the congressional intelligence
    committees a report containing the results of the audit
    conducted under paragraph (1). Such report shall include an
    assessment of the time required to obtain a reciprocal security
    clearance for--
    (A) an employee of an element of the intelligence
    community detailed to another element of the
    intelligence community;
    (B) an employee of an element of the intelligence
    community seeking permanent employment with another
    element of the intelligence community; and
    (C) a contractor seeking permanent employment with
    an element of the intelligence community.
    (3) Form.--The report required under paragraph (2) shall be
    submitted in unclassified form, but may include a classified
    annex.
    SEC. 368. <> CORRECTING LONG-STANDING
    MATERIAL WEAKNESSES.

    (a) Definitions.--In this section:

    [[Page 2706]]

    (1) Covered element of the intelligence community.--The term
    ``covered element of the intelligence community'' means--
    (A) the Central Intelligence Agency;
    (B) the Defense Intelligence Agency;
    (C) the National Geospatial-Intelligence Agency;
    (D) the National Reconnaissance Office; or
    (E) the National Security Agency.
    (2) Independent auditor.--The term ``independent auditor''
    means an individual who--
    (A)(i) is a Federal, State, or local government
    auditor who meets the independence standards included in
    generally accepted government auditing standards; or
    (ii) is a public accountant who meets such
    independence standards; and
    (B) is designated as an auditor by the Director of
    National Intelligence or the head of a covered element
    of the intelligence community, as appropriate.
    (3) Independent review.--The term ``independent review''
    means an audit, attestation, or examination conducted by an
    independent auditor in accordance with generally accepted
    government auditing standards.
    (4) Long-standing, correctable material weakness.--The term
    ``long-standing, correctable material weakness'' means a
    material weakness--
    (A) that was first reported in the annual financial
    report of a covered element of the intelligence
    community for a fiscal year prior to fiscal year 2007;
    and
    (B) the correction of which is not substantially
    dependent on a business system that was not implemented
    prior to the end of fiscal year 2010.
    (5) Material weakness.--The term ``material weakness'' has
    the meaning given that term under the Office of Management and
    Budget Circular A-123, entitled ``Management's Responsibility
    for Internal Control,'' revised December 21, 2004.
    (6) Senior intelligence management official.--The term
    ``senior intelligence management official'' means an official
    within a covered element of the intelligence community who is--
    (A)(i) compensated under the Senior Intelligence
    Service pay scale; or
    (ii) the head of a covered element of the
    intelligence community; and
    (B) compensated for employment with funds
    appropriated pursuant to an authorization of
    appropriations in this Act.

    (b) Identification of Senior Intelligence Management Officials.--
    (1) <>  Requirement to identify.--Not later
    than 30 days after the date of the enactment of this Act, the
    head of a covered element of the intelligence community shall
    designate a senior intelligence management official of such
    element to be responsible for correcting each long-standing,
    correctable material weakness of such element.
    (2) Head of a covered element of the intelligence
    community.--The head of a covered element of the intelligence

    [[Page 2707]]

    community may designate himself or herself as the senior
    intelligence management official responsible for correcting a
    long-standing, correctable material weakness under paragraph
    (1).
    (3) <>  Requirement to update
    designation.--If the head of a covered element of the
    intelligence community determines that a senior intelligence
    management official designated under paragraph (1) is no longer
    responsible for correcting a long-standing, correctable material
    weakness, the head of such element shall designate the successor
    to such official not later than 10 days after the date of such
    determination.

    (c) <>  Notification.--Not later than 10 days after
    the date on which the head of a covered element of the intelligence
    community has designated a senior intelligence management official
    pursuant to paragraph (1) or (3) of subsection (b), the head of such
    element shall provide written notification of such designation to the
    Director of National Intelligence and to such senior intelligence
    management official.

    (d) Correction of Long-Standing, Material Weakness.--
    (1) Determination of correction of deficiency.--If a long-
    standing, correctable material weakness is corrected, the senior
    intelligence management official who is responsible for
    correcting such long-standing, correctable material weakness
    shall make and issue a determination of the correction.
    (2) Basis for determination.--The determination of the
    senior intelligence management official under paragraph (1)
    shall be based on the findings of an independent review.
    (3) Notification and submission of findings.--A senior
    intelligence management official who makes a determination under
    paragraph (1) shall--
    (A) notify the head of the appropriate covered
    element of the intelligence community of such
    determination at the time the determination is made; and
    (B) <>  ensure that the independent
    auditor whose findings are the basis of a determination
    under paragraph (1) submits to the head of the covered
    element of the intelligence community and the Director
    of National Intelligence the findings that such
    determination is based on not later than 5 days after
    the date on which such determination is made.

    (e) <>  Congressional Oversight.--The
    head of a covered element of the intelligence community shall notify the
    congressional intelligence committees not later than 30 days after the
    date--
    (1) on which a senior intelligence management official is
    designated under paragraph (1) or (3) of subsection (b) and
    notified under subsection (c); or
    (2) of the correction of a long-standing, correctable
    material weakness, as verified by an independent auditor under
    subsection (d)(2).
    SEC. 369. <> INTELLIGENCE COMMUNITY FINANCIAL
    IMPROVEMENT AND AUDIT READINESS.

    Not later than 180 days after the date of the enactment of this Act,
    the Director of National Intelligence shall--
    (1) <>  conduct a review of the status of the
    auditability compliance of each element of the intelligence
    community; and

    [[Page 2708]]

    (2) <>  develop a plan and schedule to achieve
    a full, unqualified audit of each element of the intelligence
    community not later than September 30, 2013.

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

    Subtitle A--Office of the Director of National Intelligence

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

    Subsection (f) of section 102A of the National Security Act of 1947
    (50 U.S.C. 403-1) is amended--
    (1) by redesignating paragraphs (7) and (8) as paragraphs
    (8) and (9), respectively; and
    (2) by inserting after paragraph (6) the following new
    paragraph:

    ``(7)(A) The Director of National Intelligence shall, if the
    Director determines it is necessary, or may, if requested by a
    congressional intelligence committee, conduct an accountability review
    of an element of the intelligence community or the personnel of such
    element in relation to a failure or deficiency within the intelligence
    community.
    ``(B) <>  The Director of National
    Intelligence, in consultation with the Attorney General, shall establish
    guidelines and procedures for conducting an accountability review under
    subparagraph (A).

    ``(C)(i) The Director of National Intelligence shall provide the
    findings of an accountability review conducted under subparagraph (A)
    and the Director's recommendations for corrective or punitive action, if
    any, to the head of the applicable element of the intelligence
    community. Such recommendations may include a recommendation for
    dismissal of personnel.
    ``(ii) <>  If the head of such element does not
    implement a recommendation made by the Director under clause (i), the
    head of such element shall submit to the congressional intelligence
    committees a notice of the determination not to implement the
    recommendation, including the reasons for the determination.

    ``(D) The requirements of this paragraph shall not be construed to
    limit any authority of the Director of National Intelligence under
    subsection (m) or with respect to supervision of the Central
    Intelligence Agency.''.
    SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.

    (a) Authorities for Interagency Funding.--Section 102A(d)(2) of the
    National Security Act of 1947 (50 U.S.C. 403-1(d)(2)) is amended by
    striking ``Program to another such program.'' and inserting ``Program--
    ``(A) to another such program;
    ``(B) to other departments or agencies of the United States
    Government for the development and fielding of systems of common
    concern related to the collection, processing, analysis,
    exploitation, and dissemination of intelligence information; or

    [[Page 2709]]

    ``(C) to a program funded by appropriations not within the
    National Intelligence Program to address critical gaps in
    intelligence information sharing or access capabilities.''.

    (b) <>  Authorities of Heads of Other
    Departments and Agencies.--Notwithstanding any other provision of law,
    the head of any department or agency of the United States is authorized
    to receive and utilize funds made available to the department or agency
    by the Director of National Intelligence pursuant to section 102A(d)(2)
    of the National Security Act of 1947 (50 U.S.C. 403-1(d)(2)), as amended
    by subsection (a), and receive and utilize any system referred to in
    such section that is made available to such department or agency.
    SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL
    INTELLIGENCE.

    Subsection (e) of section 103 of the National Security Act of 1947
    (50 U.S.C. 403-3) is amended to read as follows:
    ``(e) Location of the Office of the Director of National
    Intelligence.--The headquarters of the Office of the Director of
    National Intelligence may be located in the Washington metropolitan
    region, as that term is defined in section 8301 of title 40, United
    States Code.''.
    SEC. 404. TITLE AND APPOINTMENT OF CHIEF INFORMATION OFFICER OF
    THE INTELLIGENCE COMMUNITY.

    Section 103G of the National Security Act of 1947 (50 U.S.C. 403-3g)
    is amended--
    (1) in subsection (a)--
    (A) by inserting ``of the Intelligence Community''
    after ``Chief Information Officer''; and
    (B) by striking ``President,'' and all that follows
    and inserting ``President.'';
    (2) by striking subsection (b) and redesignating subsections
    (c) and (d) as subsections (b) and (c), respectively;
    (3) in subsection (b) (as so redesignated), by inserting
    ``of the Intelligence Community'' after ``Chief Information
    Officer''; and
    (4) in subsection (c) (as so redesignated), by inserting
    ``of the Intelligence Community'' before ``may not''.
    SEC. 405. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

    (a) Establishment.--
    (1) In general.--Title I of the National Security Act of
    1947 (50 U.S.C. 402 et seq.), as amended by section 347 of this
    Act, is further amended by inserting after section 103G the
    following new section:

    ``inspector general of the intelligence community

    ``Sec. 103H.  <>  (a) Office of Inspector
    General of the Intelligence Community.--There is within the Office of
    the Director of National Intelligence an Office of the Inspector General
    of the Intelligence Community.

    ``(b) Purpose.--The purpose of the Office of the Inspector General
    of the Intelligence Community is--
    ``(1) to create an objective and effective office,
    appropriately accountable to Congress, to initiate and conduct
    independent investigations, inspections, audits, and reviews on
    programs

    [[Page 2710]]

    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. Nothing in this paragraph shall be construed to
    prohibit a personnel action otherwise authorized by law, other than
    transfer or removal.

    ``(d) <>  Assistant Inspectors General.--
    Subject to the policies of the Director of National Intelligence, the
    Inspector General of the Intelligence Community shall--
    ``(1) appoint an Assistant Inspector General for Audit who
    shall have the responsibility for supervising the performance of
    auditing activities relating to programs and activities within
    the responsibility and authority of the Director;
    ``(2) appoint an Assistant Inspector General for
    Investigations who shall have the responsibility for supervising
    the

    [[Page 2711]]

    performance of investigative activities relating to such
    programs and activities; and
    ``(3) appoint other Assistant Inspectors General that, in
    the judgment of the Inspector General, are necessary to carry
    out the duties of the Inspector General.

    ``(e) Duties and Responsibilities.--It shall be the duty and
    responsibility of the Inspector General of the Intelligence Community--
    ``(1) to provide policy direction for, and to plan, conduct,
    supervise, and coordinate independently, the investigations,
    inspections, audits, and reviews relating to programs and
    activities within the responsibility and authority of the
    Director of National Intelligence;
    ``(2) to keep the Director of National Intelligence fully
    and currently informed concerning violations of law and
    regulations, fraud, and other serious problems, abuses, and
    deficiencies relating to the programs and activities within the
    responsibility and authority of the Director, to recommend
    corrective action concerning such problems, and to report on the
    progress made in implementing such corrective action;
    ``(3) to take due regard for the protection of intelligence
    sources and methods in the preparation of all reports issued by
    the Inspector General, and, to the extent consistent with the
    purpose and objective of such reports, take such measures as may
    be appropriate to minimize the disclosure of intelligence
    sources and methods described in such reports; and
    ``(4) in the execution of the duties and responsibilities
    under this section, to comply with generally accepted government
    auditing.

    ``(f) Limitations on Activities.--(1) The Director of National
    Intelligence may prohibit the Inspector General of the Intelligence
    Community from initiating, carrying out, or completing any
    investigation, inspection, audit, or review if the Director determines
    that such prohibition is necessary to protect vital national security
    interests of the United States.
    ``(2) Not later than seven days after the date on which the Director
    exercises the authority under paragraph (1), the Director shall submit
    to the congressional intelligence committees an appropriately classified
    statement of the reasons for the exercise of such authority.
    ``(3) The Director shall advise the Inspector General at the time a
    statement under paragraph (2) is submitted, and, to the extent
    consistent with the protection of intelligence sources and methods,
    provide the Inspector General with a copy of such statement.
    ``(4) The Inspector General may submit to the congressional
    intelligence committees any comments on the statement of which the
    Inspector General has notice under paragraph (3) that the Inspector
    General considers appropriate.
    ``(g) Authorities.--(1) The Inspector General of the Intelligence
    Community shall have direct and prompt access to the Director of
    National Intelligence when necessary for any purpose pertaining to the
    performance of the duties of the Inspector General.
    ``(2)(A) <>  The Inspector General
    shall, subject to the limitations in subsection (f), make such
    investigations and reports relating to the administration of the
    programs and activities within the

    [[Page 2712]]

    authorities and responsibilities of the Director as are, in the judgment
    of the Inspector General, necessary or desirable.

    ``(B) The Inspector General shall have access to any employee, or
    any employee of a contractor, of any element of the intelligence
    community needed for the performance of the duties of the Inspector
    General.
    ``(C) The Inspector General shall have direct access to all records,
    reports, audits, reviews, documents, papers, recommendations, or other
    materials that relate to the programs and activities with respect to
    which the Inspector General has responsibilities under this section.
    ``(D) The level of classification or compartmentation of information
    shall not, in and of itself, provide a sufficient rationale for denying
    the Inspector General access to any materials under subparagraph (C).
    ``(E) The Director, or on the recommendation of the Director,
    another appropriate official of the intelligence community, shall take
    appropriate administrative actions against an employee, or an employee
    of a contractor, of an element of the intelligence community that fails
    to cooperate with the Inspector General. Such administrative action may
    include loss of employment or the termination of an existing contractual
    relationship.
    ``(3) The Inspector General is authorized to receive and
    investigate, pursuant to subsection (h), complaints or information from
    any person concerning the existence of an activity within the
    authorities and responsibilities of the Director of National
    Intelligence constituting a violation of laws, rules, or regulations, or
    mismanagement, gross waste of funds, abuse of authority, or a
    substantial and specific danger to the public health and safety. Once
    such complaint or information has been received from an employee of the
    intelligence community--
    ``(A) the Inspector General shall not disclose the identity
    of the employee without the consent of the employee, unless the
    Inspector General determines that such disclosure is unavoidable
    during the course of the investigation or the disclosure is made
    to an official of the Department of Justice responsible for
    determining whether a prosecution should be undertaken; and
    ``(B) no action constituting a reprisal, or threat of
    reprisal, for making such complaint or disclosing such
    information to the Inspector General may be taken by any
    employee in a position to take such actions, unless the
    complaint was made or the information was disclosed with the
    knowledge that it was false or with willful disregard for its
    truth or falsity.

    ``(4) The Inspector General shall have the authority to administer
    to or take from any person an oath, affirmation, or affidavit, whenever
    necessary in the performance of the duties of the Inspector General,
    which oath, affirmation, or affidavit when administered or taken by or
    before an employee of the Office of the Inspector General of the
    Intelligence Community designated by the Inspector General shall have
    the same force and effect as if administered or taken by, or before, an
    officer having a seal.
    ``(5)(A) Except as provided in subparagraph (B), the Inspector
    General is authorized to require by subpoena the production of all
    information, documents, reports, answers, records, accounts, papers, and
    other data in any medium (including electronically

    [[Page 2713]]

    stored information, as well as any tangible thing) and documentary
    evidence necessary in the performance of the duties and responsibilities
    of the Inspector General.
    ``(B) In the case of departments, agencies, and other elements of
    the United States Government, the Inspector General shall obtain
    information, documents, reports, answers, records, accounts, papers, and
    other data and evidence for the purpose specified in subparagraph (A)
    using procedures other than by subpoenas.
    ``(C) The Inspector General may not issue a subpoena for, or on
    behalf of, any component of the Office of the Director of National
    Intelligence or any element of the intelligence community, including the
    Office of the Director of National Intelligence.
    ``(D) In the case of contumacy or refusal to obey a subpoena issued
    under this paragraph, the subpoena shall be enforceable by order of any
    appropriate district court of the United States.
    ``(6) The Inspector General may obtain services as authorized by
    section 3109 of title 5, United States Code, at rates for individuals
    not to exceed the daily equivalent of the maximum annual rate of basic
    pay payable for grade GS-15 of the General Schedule under section 5332
    of title 5, United States Code.
    ``(7) The Inspector General may, to the extent and in such amounts
    as may be provided in appropriations, enter into contracts and other
    arrangements for audits, studies, analyses, and other services with
    public agencies and with private persons, and to make such payments as
    may be necessary to carry out the provisions of this section.
    ``(h) Coordination Among Inspectors General.--(1)(A) In the event of
    a matter within the jurisdiction of the Inspector General of the
    Intelligence Community that may be subject to an investigation,
    inspection, audit, or review by both the Inspector General of the
    Intelligence Community and an inspector general with oversight
    responsibility for an element of the intelligence community, the
    Inspector General of the Intelligence Community and such other inspector
    general shall expeditiously resolve the question of which inspector
    general shall conduct such investigation, inspection, audit, or review
    to avoid unnecessary duplication of the activities of the inspectors
    general.
    ``(B) In attempting to resolve a question under subparagraph (A),
    the inspectors general concerned may request the assistance of the
    Intelligence Community Inspectors General Forum established under
    paragraph (2). In the event of a dispute between an inspector general
    within a department or agency of the United States Government and the
    Inspector General of the Intelligence Community that has not been
    resolved with the assistance of such Forum, the inspectors general shall
    submit the question to the Director of National Intelligence and the
    head of the affected department or agency for resolution.
    ``(2)(A) <>  There is established the
    Intelligence Community Inspectors General Forum, which shall consist of
    all statutory or administrative inspectors general with oversight
    responsibility for an element of the intelligence community.

    ``(B) The Inspector General of the Intelligence Community shall
    serve as the Chair of the Forum established under subparagraph (A). The
    Forum shall have no administrative authority over any inspector general,
    but shall serve as a mechanism for informing its members of the work of
    individual members of the Forum that may be of common interest and
    discussing questions about

    [[Page 2714]]

    jurisdiction or access to employees, employees of contract personnel,
    records, audits, reviews, documents, recommendations, or other materials
    that may involve or be of assistance to more than one of its members.
    ``(3) The inspector general conducting an investigation, inspection,
    audit, or review covered by paragraph (1) shall submit the results of
    such investigation, inspection, audit, or review to any other inspector
    general, including the Inspector General of the Intelligence Community,
    with jurisdiction to conduct such investigation, inspection, audit, or
    review who did not conduct such investigation, inspection, audit, or
    review.
    ``(i) Counsel to the Inspector General.--(1) The Inspector General
    of the Intelligence Community shall--
    ``(A) <> appoint a Counsel to the
    Inspector General who shall report to the Inspector General; or
    ``(B) obtain the services of a counsel appointed by and
    directly reporting to another inspector general or the Council
    of the Inspectors General on Integrity and Efficiency on a
    reimbursable basis.

    ``(2) The counsel appointed or obtained under paragraph (1) shall
    perform such functions as the Inspector General may prescribe.
    ``(j) Staff and Other Support.--(1) The Director of National
    Intelligence shall provide the Inspector General of the Intelligence
    Community with appropriate and adequate office space at central and
    field office locations, together with such equipment, office supplies,
    maintenance services, and communications facilities and services as may
    be necessary for the operation of such offices.
    ``(2)(A) Subject to applicable law and the policies of the Director
    of National Intelligence, the Inspector General shall select, appoint,
    and employ such officers and employees as may be necessary to carry out
    the functions, powers, and duties of the Inspector General. The
    Inspector General shall ensure that any officer or employee so selected,
    appointed, or employed has security clearances appropriate for the
    assigned duties of such officer or employee.
    ``(B) In making selections under subparagraph (A), the Inspector
    General shall ensure that such officers and employees have the requisite
    training and experience to enable the Inspector General to carry out the
    duties of the Inspector General effectively.
    ``(C) In meeting the requirements of this paragraph, the Inspector
    General shall create within the Office of the Inspector General of the
    Intelligence Community a career cadre of sufficient size to provide
    appropriate continuity and objectivity needed for the effective
    performance of the duties of the Inspector General.
    ``(3) Consistent with budgetary and personnel resources allocated by
    the Director of National Intelligence, the Inspector General has final
    approval of--
    ``(A) the selection of internal and external candidates for
    employment with the Office of the Inspector General; and
    ``(B) all other personnel decisions concerning personnel
    permanently assigned to the Office of the Inspector General,
    including selection and appointment to the Senior Intelligence
    Service, but excluding all security-based determinations that
    are not within the authority of a head of a component of the
    Office of the Director of National Intelligence.

    ``(4)(A) Subject to the concurrence of the Director of National
    Intelligence, the Inspector General may request such information

    [[Page 2715]]

    or assistance as may be necessary for carrying out the duties and
    responsibilities of the Inspector General from any department, agency,
    or other element of the United States Government.
    ``(B) Upon request of the Inspector General for information or
    assistance under subparagraph (A), the head of the department, agency,
    or element concerned shall, insofar as is practicable and not in
    contravention of any existing statutory restriction or regulation of the
    department, agency, or element, furnish to the Inspector General, such
    information or assistance.
    ``(C) The Inspector General of the Intelligence Community may, upon
    reasonable notice to the head of any element of the intelligence
    community and in coordination with that element's inspector general
    pursuant to subsection (h), conduct, as authorized by this section, an
    investigation, inspection, audit, or review of such element and may
    enter into any place occupied by such element for purposes of the
    performance of the duties of the Inspector General.
    ``(k) Reports.--(1)(A) The Inspector General of the Intelligence
    Community shall, not later than January 31 and July 31 of each year,
    prepare and submit to the Director of National Intelligence a
    classified, and, as appropriate, unclassified semiannual report
    summarizing the activities of the Office of the Inspector General of the
    Intelligence Community during the immediately preceding 6-month period
    ending December 31 (of the preceding year) and June 30, respectively.
    The Inspector General of the Intelligence Community shall provide any
    portion of the report involving a component of a department of the
    United States Government to the head of that department simultaneously
    with submission of the report to the Director of National Intelligence.
    ``(B) Each report under this paragraph shall include, at a minimum,
    the following:
    ``(i) A list of the title or subject of each investigation,
    inspection, audit, or review conducted during the period covered
    by such report.
    ``(ii) A description of significant problems, abuses, and
    deficiencies relating to the administration of programs and
    activities of the intelligence community within the
    responsibility and authority of the Director of National
    Intelligence, and in the relationships between elements of the
    intelligence community, identified by the Inspector General
    during the period covered by such report.
    ``(iii) A description of the recommendations for corrective
    action made by the Inspector General during the period covered
    by such report with respect to significant problems, abuses, or
    deficiencies identified in clause (ii).
    ``(iv) A statement of whether or not corrective action has
    been completed on each significant recommendation described in
    previous semiannual reports, and, in a case where corrective
    action has been completed, a description of such corrective
    action.
    ``(v) A certification of whether or not the Inspector
    General has had full and direct access to all information
    relevant to the performance of the functions of the Inspector
    General.
    ``(vi) A description of the exercise of the subpoena
    authority under subsection (g)(5) by the Inspector General
    during the period covered by such report.

    [[Page 2716]]

    ``(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

    [[Page 2717]]

    ``(v) the Inspector General, after exhausting all possible
    alternatives, is unable to obtain significant documentary
    information in the course of an investigation, inspection,
    audit, or review,

    the <> Inspector General shall immediately notify,
    and submit a report to, the congressional intelligence committees on
    such matter.

    ``(B) The Inspector General shall submit to the committees of the
    Senate and of the House of Representatives with jurisdiction over a
    department of the United States Government any portion of each report
    under subparagraph (A) that involves an investigation, inspection,
    audit, or review carried out by the Inspector General focused on any
    current or former official of a component of such department
    simultaneously with submission of the report to the congressional
    intelligence committees.
    ``(4) The Director shall submit to the congressional intelligence
    committees any report or findings and recommendations of an
    investigation, inspection, audit, or review conducted by the office
    which has been requested by the Chairman or Vice Chairman or ranking
    minority member of either committee.
    ``(5)(A) An employee of an element of the intelligence community, an
    employee assigned or detailed to an element of the intelligence
    community, or an employee of a contractor to the intelligence community
    who intends to report to Congress a complaint or information with
    respect to an urgent concern may report such complaint or information to
    the Inspector General.
    ``(B) Not later than the end of the 14-calendar-day period beginning
    on the date of receipt from an employee of a complaint or information
    under subparagraph (A), the Inspector General shall determine whether
    the complaint or information appears credible. Upon making such a
    determination, the Inspector General shall transmit to the Director a
    notice of that determination, together with the complaint or
    information.
    ``(C) Upon receipt of a transmittal from the Inspector General under
    subparagraph (B), the Director shall, within 7 calendar days of such
    receipt, forward such transmittal to the congressional intelligence
    committees, together with any comments the Director considers
    appropriate.
    ``(D)(i) If the Inspector General does not find credible under
    subparagraph (B) a complaint or information submitted under subparagraph
    (A), or does not transmit the complaint or information to the Director
    in accurate form under subparagraph (B), the employee (subject to clause
    (ii)) may submit the complaint or information to Congress by contacting
    either or both of the congressional intelligence committees directly.
    ``(ii) An employee may contact the congressional intelligence
    committees directly as described in clause (i) only if the employee--
    ``(I) before making such a contact, furnishes to the
    Director, through the Inspector General, a statement of the
    employee's complaint or information and notice of the employee's
    intent to contact the congressional intelligence committees
    directly; and
    ``(II) obtains and follows from the Director, through the
    Inspector General, direction on how to contact the congressional
    intelligence committees in accordance with appropriate security
    practices.

    ``(iii) A member or employee of one of the congressional
    intelligence committees who receives a complaint or information under

    [[Page 2718]]

    this subparagraph does so in that member or employee's official capacity
    as a member or employee of such committee.
    ``(E) <>  The Inspector General shall notify an
    employee who reports a complaint or information to the Inspector General
    under this paragraph of each action taken under this paragraph with
    respect to the complaint or information. Such notice shall be provided
    not later than 3 days after any such action is taken.

    ``(F) An action taken by the Director or the Inspector General under
    this paragraph shall not be subject to judicial review.
    ``(G) <>  In this paragraph, the term `urgent
    concern' means any of the following:
    ``(i) A serious or flagrant problem, abuse, violation of law
    or Executive order, or deficiency relating to the funding,
    administration, or operation of an intelligence activity within
    the responsibility and authority of the Director of National
    Intelligence involving classified information, but does not
    include differences of opinions concerning public policy
    matters.
    ``(ii) A false statement to Congress, or a willful
    withholding from Congress, on an issue of material fact relating
    to the funding, administration, or operation of an intelligence
    activity.
    ``(iii) An action, including a personnel action described in
    section 2302(a)(2)(A) of title 5, United States Code,
    constituting reprisal or threat of reprisal prohibited under
    subsection (g)(3)(B) of this section in response to an
    employee's reporting an urgent concern in accordance with this
    paragraph.

    ``(H) Nothing in this section shall be construed to limit the
    protections afforded to an employee under section 17(d) of the Central
    Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) or section 8H of the
    Inspector General Act of 1978 (5 U.S.C. App.).
    ``(6) In accordance with section 535 of title 28, United States
    Code, the Inspector General shall expeditiously report to the Attorney
    General any information, allegation, or complaint received by the
    Inspector General relating to violations of Federal criminal law that
    involves a program or operation of an element of the intelligence
    community, or in the relationships between the elements of the
    intelligence community, consistent with such guidelines as may be issued
    by the Attorney General pursuant to subsection (b)(2) of such
    section. <> A copy of each such report shall be
    furnished to the Director.

    ``(l) Construction of Duties Regarding Elements of Intelligence
    Community.--Except as resolved pursuant to subsection (h), the
    performance by the Inspector General of the Intelligence Community of
    any duty, responsibility, or function regarding an element of the
    intelligence community shall not be construed to modify or affect the
    duties and responsibilities of any other inspector general having duties
    and responsibilities relating to such element.
    ``(m) Separate Budget Account.--The Director of National
    Intelligence shall, in accordance with procedures issued by the Director
    in consultation with the congressional intelligence committees, include
    in the National Intelligence Program budget a separate account for the
    Office of the Inspector General of the Intelligence Community.
    ``(n) Budget.--(1) For each fiscal year, the Inspector General of
    the Intelligence Community shall transmit a budget estimate and request
    to the Director of National Intelligence that specifies for such fiscal
    year--

    [[Page 2719]]

    ``(A) the aggregate amount requested for the operations of
    the Inspector General;
    ``(B) the amount requested for all training requirements of
    the Inspector General, including a certification from the
    Inspector General that the amount requested is sufficient to
    fund all training requirements for the Office of the Inspector
    General; and
    ``(C) the amount requested to support the Council of the
    Inspectors General on Integrity and Efficiency, including a
    justification for such amount.

    ``(2) In transmitting a proposed budget to the President for a
    fiscal year, the Director of National Intelligence shall include for
    such fiscal year--
    ``(A) the aggregate amount requested for the Inspector
    General of the Intelligence Community;
    ``(B) the amount requested for Inspector General training;
    ``(C) the amount requested to support the Council of the
    Inspectors General on Integrity and Efficiency; and
    ``(D) the comments of the Inspector General, if any, with
    respect to such proposed budget.

    ``(3) The Director of National Intelligence shall submit to the
    congressional intelligence committees, the Committee on Appropriations
    of the Senate, and the Committee on Appropriations of the House of
    Representatives for each fiscal year--
    ``(A) a separate statement of the budget estimate
    transmitted pursuant to paragraph (1);
    ``(B) the amount requested by the Director for the Inspector
    General pursuant to paragraph (2)(A);
    ``(C) the amount requested by the Director for the training
    of personnel of the Office of the Inspector General pursuant to
    paragraph (2)(B);
    ``(D) the amount requested by the Director for support for
    the Council of the Inspectors General on Integrity and
    Efficiency pursuant to paragraph (2)(C); and
    ``(E) the comments of the Inspector General under paragraph
    (2)(D), if any, on the amounts requested pursuant to paragraph
    (2), including whether such amounts would substantially inhibit
    the Inspector General from performing the duties of the Office
    of the Inspector General.''.
    (2) Table of contents amendment.--The table of contents in
    the first section of the National Security Act of 1947, as
    amended by section 347 of this Act, is further amended by
    inserting after the item relating to section 103G the following
    new item:

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

    (b) Pay of Inspector General.--Subparagraph (A) of section 4(a)(3)
    of the Inspector General Reform Act of 2008 (Public Law 110-409; 5
    U.S.C. App. note) is amended by inserting ``the Inspector General of the
    Intelligence Community,'' after ``basic pay of''.
    (c) <>  Construction.--Nothing in the
    amendment made by subsection (a)(1) shall be construed to alter the
    duties and responsibilities of the General Counsel of the Office of the
    Director of National Intelligence.

    (d) Repeal of Superseded Authority To Establish Position.--Section
    8K of the Inspector General Act of 1978 (5 U.S.C. App.) shall be
    repealed on the date that the President appoints,

    [[Page 2720]]

    with the advice and consent of the Senate, 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),
    and such individual assumes the duties of the Inspector General.
    SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.

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

    ``chief financial officer of the intelligence community

    ``Sec. 103I.  <> (a) Chief Financial Officer
    of the Intelligence Community.-- <> To assist the
    Director of National Intelligence in carrying out the responsibilities
    of the Director under this Act and other applicable provisions of law,
    there is within the Office of the Director of National Intelligence a
    Chief Financial Officer of the Intelligence Community who shall be
    appointed by the Director.

    ``(b) Duties and Responsibilities.--Subject to the direction of the
    Director of National Intelligence, the Chief Financial Officer of the
    Intelligence Community shall--
    ``(1) serve as the principal advisor to the Director of
    National Intelligence and the Principal Deputy Director of
    National Intelligence on the management and allocation of
    intelligence community budgetary resources;
    ``(2) participate in overseeing a comprehensive and
    integrated strategic process for resource management within the
    intelligence community;
    ``(3) ensure that the strategic plan of the Director of
    National Intelligence--
    ``(A) is based on budgetary constraints as specified
    in the Future Year Intelligence Plans and Long-term
    Budget Projections required under section 506G; and
    ``(B) contains specific goals and objectives to
    support a performance-based budget;
    ``(4) prior to the obligation or expenditure of funds for
    the acquisition of any major system pursuant to a Milestone A or
    Milestone B decision, receive verification from appropriate
    authorities that the national requirements for meeting the
    strategic plan of the Director have been established, and that
    such requirements are prioritized based on budgetary constraints
    as specified in the Future Year Intelligence Plans and the Long-
    term Budget Projections for such major system required under
    section 506G;
    ``(5) ensure that the collection architectures of the
    Director are based on budgetary constraints as specified in the
    Future Year Intelligence Plans and the Long-term Budget
    Projections required under section 506G;
    ``(6) coordinate or approve representations made to Congress
    by the intelligence community regarding National Intelligence
    Program budgetary resources;
    ``(7) participate in key mission requirements, acquisitions,
    or architectural boards formed within or by the Office of the
    Director of National Intelligence; and

    [[Page 2721]]

    ``(8) perform such other duties as may be prescribed by the
    Director of National Intelligence.

    ``(c) Other Law.--The Chief Financial Officer of the Intelligence
    Community shall serve as the Chief Financial Officer of the intelligence
    community and, to the extent applicable, shall have the duties,
    responsibilities, and authorities specified in chapter 9 of title 31,
    United States Code.
    ``(d) Prohibition on Simultaneous Service as Other Chief Financial
    Officer.--An individual serving in the position of Chief Financial
    Officer of the Intelligence Community may not, while so serving, serve
    as the chief financial officer of any other department or agency, or
    component thereof, of the United States Government.
    ``(e) Definitions.--In this section:
    ``(1) The term `major system' has the meaning given that
    term in section 506A(e).
    ``(2) The term `Milestone A' has the meaning given that term
    in section 506G(f).
    ``(3) The term `Milestone B' has the meaning given that term
    in section 506C(e).''.

    (b) Table of Contents Amendment.--The table of contents in the first
    section of the National Security Act of 1947, as amended by section
    405(a), is further amended by inserting after the item relating to
    section 103H, as added by section 405(a)(2), the following new item:

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

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

    (a) National Counter Proliferation Center.--Section 119A(a) of the
    National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
    (1) by striking ``Not later than 18 months after the date of
    the enactment of the National Security Intelligence Reform Act
    of 2004, the'' and inserting ``(1) The''; and
    (2) by adding at the end the following new paragraphs:

    ``(2) <>  The head of the National Counter
    Proliferation Center shall be the Director of the National Counter
    Proliferation Center, who shall be appointed by the Director of National
    Intelligence.

    ``(3) The National Counter Proliferation Center shall be located
    within the Office of the Director of National Intelligence.''.
    (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is
    amended--
    (1) by redesignating paragraph (9) as paragraph (14); and
    (2) by inserting after paragraph (8) the following new
    paragraphs:
    ``(9) The Chief Information Officer of the Intelligence
    Community.
    ``(10) The Inspector General of the Intelligence Community.
    ``(11) The Director of the National Counterterrorism Center.
    ``(12) The Director of the National Counter Proliferation
    Center.
    ``(13) The Chief Financial Officer of the Intelligence
    Community.''.

    [[Page 2722]]

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

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

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

    ``Sec. 706.  <> (a) Inapplicability of FOIA to
    Exempted Operational Files Provided to ODNI.--(1) Subject to paragraph
    (2), the provisions of section 552 of title 5, United States Code, that
    require search, review, publication, or disclosure of a record shall not
    apply to a record provided to the Office of the Director of National
    Intelligence by an element of the intelligence community from the
    exempted operational files of such element.

    ``(2) Paragraph (1) shall not apply with respect to a record of the
    Office that--
    ``(A) contains information derived or disseminated from an
    exempted operational file, unless such record is created by the
    Office for the sole purpose of organizing such exempted
    operational file for use by the Office;
    ``(B) is disseminated by the Office to a person other than
    an officer, employee, or contractor of the Office; or
    ``(C) is no longer designated as an exempted operational
    file in accordance with this title.

    ``(b) Effect of Providing Files to ODNI.--Notwithstanding any other
    provision of this title, an exempted operational file that is provided
    to the Office by an element of the intelligence community shall not be
    subject to the provisions of section 552 of title 5, United States Code,
    that require search, review, publication, or disclosure of a record
    solely because such element provides such exempted operational file to
    the Office.
    ``(c) Search and Review for Certain Purposes.--Notwithstanding
    subsection (a) or (b), an exempted operational file shall continue to be
    subject to search and review for information concerning any of the
    following:
    ``(1) United States citizens or aliens lawfully admitted for
    permanent residence who have requested information on themselves
    pursuant to the provisions of section 552 or 552a of title 5,
    United States Code.
    ``(2) Any special activity the existence of which is not
    exempt from disclosure under the provisions of section 552 of
    title 5, United States Code.
    ``(3) The specific subject matter of an investigation for
    any impropriety or violation of law, Executive order, or
    Presidential directive, in the conduct of an intelligence
    activity by any of the following:
    ``(A) The Select Committee on Intelligence of the
    Senate.
    ``(B) The Permanent Select Committee on Intelligence
    of the House of Representatives.
    ``(C) The Intelligence Oversight Board.
    ``(D) The Department of Justice.
    ``(E) The Office of the Director of National
    Intelligence.
    ``(F) The Office of the Inspector General of the
    Intelligence Community.

    [[Page 2723]]

    ``(d) Decennial Review of Exempted Operational Files.--(1) Not less
    than once every 10 years, the Director of National Intelligence shall
    review the exemptions in force under subsection (a) to determine whether
    such exemptions may be removed from any category of exempted files or
    any portion thereof.
    ``(2) The review required by paragraph (1) shall include
    consideration of the historical value or other public interest in the
    subject matter of the particular category of files or portions thereof
    and the potential for declassifying a significant part of the
    information contained therein.
    ``(3) A complainant that alleges that the Director of National
    Intelligence has improperly withheld records because of failure to
    comply with this subsection may seek judicial review in the district
    court of the United States of the district in which any of the parties
    reside, or in the District of Columbia. In such a proceeding, the
    court's review shall be limited to determining the following:
    ``(A) Whether the Director has conducted the review required
    by paragraph (1) before the expiration of the 10-year period
    beginning on the date of the enactment of the Intelligence
    Authorization Act for Fiscal Year 2010 or before the expiration
    of the 10-year period beginning on the date of the most recent
    review.
    ``(B) Whether the Director of National Intelligence, in
    fact, considered the criteria set forth in paragraph (2) in
    conducting the required review.

    ``(e) Supersedure of Other Laws.--The provisions of this section may
    not be superseded except by a provision of law that is enacted after the
    date of the enactment of this section and that specifically cites and
    repeals or modifies such provisions.
    ``(f) Allegation; Improper Withholding of Records; Judicial
    Review.--(1) Except as provided in paragraph (2), whenever any person
    who has requested agency records under section 552 of title 5, United
    States Code, alleges that the Office has withheld records improperly
    because of failure to comply with any provision of this section,
    judicial review shall be available under the terms set forth in section
    552(a)(4)(B) of title 5, United States Code.
    ``(2) Judicial review shall not be available in the manner provided
    for under paragraph (1) as follows:
    ``(A) In any case in which information specifically
    authorized under criteria established by an Executive order to
    be kept secret in the interests of national defense or foreign
    relations is filed with, or produced for, the court by the
    Office, such information shall be examined ex parte, in camera
    by the court.
    ``(B) The court shall determine, to the fullest extent
    practicable, the issues of fact based on sworn written
    submissions of the parties.
    ``(C)(i) When a complainant alleges that requested records
    were improperly withheld because of improper exemption of
    operational files, the Office may meet the burden of the Office
    under section 552(a)(4)(B) of title 5, United States Code, by
    demonstrating to the court by sworn written submission that
    exempted files likely to contain responsive records are records
    provided to the Office by an element of the intelligence
    community from the exempted operational files of such element.

    [[Page 2724]]

    ``(ii) The court may not order the Office to review the
    content of any exempted file in order to make the demonstration
    required under clause (i), unless the complainant disputes the
    Office's showing with a sworn written submission based on
    personal knowledge or otherwise admissible evidence.
    ``(D) In proceedings under subparagraph (C), a party may not
    obtain discovery pursuant to rules 26 through 36 of the Federal
    Rules of Civil Procedure, except that requests for admissions
    may be made pursuant to rules 26 and 36 of the Federal Rules of
    Civil Procedure.
    ``(E) If the court finds under this subsection that the
    Office has improperly withheld requested records because of
    failure to comply with any provision of this section, the court
    shall order the Office to search and review each appropriate
    exempted file for the requested records and make such records,
    or portions thereof, available in accordance with the provisions
    of section 552 of title 5, United States Code (commonly referred
    to as the Freedom of Information Act), and such order shall be
    the exclusive remedy for failure to comply with this section.
    ``(F) If at any time following the filing of a complaint
    pursuant to this paragraph the Office agrees to search each
    appropriate exempted file for the requested records, the court
    shall dismiss the claim based upon such complaint.

    ``(g) Definitions.--In this section:
    ``(1) The term `exempted operational file' means a file of
    an element of the intelligence community that, in accordance
    with this title, is exempted from the provisions of section 552
    of title 5, United States Code, that require search, review,
    publication, or disclosure of such file.
    ``(2) Except as otherwise specifically provided, the term
    `Office' means the Office of the Director of National
    Intelligence.''.

    (b) Table of Contents Amendment.--The table of contents in the first
    section of the National Security Act of 1947, as amended by section
    406(b) of this Act, is further amended by inserting after the item
    relating to section 705 the following new item:

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

    SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE INTELLIGENCE
    COMMUNITY.

    Section 1102 of the National Security Act of 1947 (50 U.S.C. 442a)
    is amended--
    (1) in subsection (a)--
    (A) by striking paragraph (2); and
    (B) by striking ``(1) In'' and inserting ``In''; and
    (2) in subsection (c)--
    (A) by striking paragraph (2); and
    (B) by striking ``(1) The'' and inserting ``The''.
    SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO
    ADVISORY COMMITTEES OF THE OFFICE OF THE
    DIRECTOR OF NATIONAL INTELLIGENCE.

    (a) In General.--Section 4(b) of the Federal Advisory Committee Act
    (5 U.S.C. App.) is amended--
    (1) in paragraph (1), by striking ``or'';

    [[Page 2725]]

    (2) in paragraph (2), by striking the period and inserting
    ``; or''; and
    (3) by adding at the end the following new paragraph:
    ``(3) the Office of the Director of National Intelligence,
    if the Director of National Intelligence determines that for
    reasons of national security such advisory committee cannot
    comply with the requirements of this Act.''.

    (b) <>  Annual Report.--
    (1) In general.--The Director of National Intelligence and
    the Director of the Central Intelligence Agency shall each
    submit to the congressional intelligence committees an annual
    report on advisory committees created by each such Director.
    Each report shall include--
    (A) a description of each such advisory committee,
    including the subject matter of the committee; and
    (B) a list of members of each such advisory
    committee.
    (2) Report on reasons for odni exclusion of advisory
    committee from faca.--Each report submitted by the Director of
    National Intelligence in accordance with paragraph (1) shall
    include the reasons for a determination by the Director under
    section 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C.
    App.), as added by subsection (a) of this section, that an
    advisory committee cannot comply with the requirements of such
    Act.
    SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON
    THE TRANSPORTATION SECURITY OVERSIGHT
    BOARD.

    Subparagraph (F) of section 115(b)(1) of title 49, United States
    Code, is amended to read as follows:
    ``(F) The Director of National Intelligence, or the
    Director's designee.''.
    SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF
    THE NATIONAL COUNTERINTELLIGENCE
    EXECUTIVE.

    (a) Repeal of Certain Authorities.--Section 904 of the
    Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c) is
    amended--
    (1) by striking subsections (d), (h), (i), and (j);
    (2) by redesignating subsections (e), (f), (g), (k), (l),
    and (m) as subsections (d), (e), (f), (g), (h), and (i),
    respectively; and
    (3) in subsection (f), as redesignated by paragraph (2), by
    striking paragraphs (3) and (4).

    (b) Conforming Amendments.--Such section 904 is further amended--
    (1) in subsection (d), as redesignated by subsection (a)(2)
    of this section, by striking ``subsection (f)'' each place it
    appears in paragraphs (1) and (2) and inserting ``subsection
    (e)''; and
    (2) in subsection (e), as so redesignated--
    (A) in paragraph (1), by striking ``subsection
    (e)(1)'' and inserting ``subsection (d)(1)''; and
    (B) in paragraph (2), by striking ``subsection
    (e)(2)'' and inserting ``subsection (d)(2)''.

    [[Page 2726]]

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

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

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

    ``Sec. 1103.  <> (a) Prohibited Acts.--No person
    may, except with the written permission of the Director of National
    Intelligence, or a designee of the Director, knowingly use the words
    `Office of the Director of National Intelligence', the initials `ODNI',
    the seal of the Office of the Director of National Intelligence, or any
    colorable imitation of such words, initials, or seal in connection with
    any merchandise, impersonation, solicitation, or commercial activity in
    a manner reasonably calculated to convey the impression that such use is
    approved, endorsed, or authorized by the Director of National
    Intelligence.

    ``(b) Injunction.--Whenever it appears to the Attorney General that
    any person is engaged or is about to engage in an act or practice which
    constitutes or will constitute conduct prohibited by subsection (a), the
    Attorney General may initiate a civil proceeding in a district court of
    the United States to enjoin such act or practice. Such court shall
    proceed as soon as practicable to the hearing and determination of such
    action and may, at any time before final determination, enter such
    restraining orders or prohibitions, or take such other action as is
    warranted, to prevent injury to the United States or to any person or
    class of persons for whose protection the action is brought.''.
    (b) Table of Contents Amendment.--The table of contents in the first
    section of such Act, as amended by section 408 of this Act, is further
    amended by inserting after the item relating to section 1102 the
    following new item:

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

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

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

    [[Page 2727]]

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

    The Director of National Intelligence may provide support for any
    review conducted by a department or agency of the United States
    Government of the International Traffic in Arms Regulations or Export
    Administration Regulations, including a review of technologies and goods
    on the United States Munitions List and Commerce Control List that may
    warrant controls that are different or additional to the controls such
    technologies and goods are subject to at the time of such review.

    Subtitle B--Central Intelligence Agency

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

    Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50
    U.S.C. 403f(a)(4)) is amended--
    (1) by striking ``and the protection'' and inserting ``the
    protection''; and
    (2) by inserting before the semicolon the following: ``, and
    the protection of the Director of National Intelligence and such
    personnel of the Office of the Director of National Intelligence
    as the Director of National Intelligence may designate''.
    SEC. 422. APPEALS FROM DECISIONS INVOLVING CONTRACTS OF THE
    CENTRAL INTELLIGENCE AGENCY.

    Section 8(d) of the Contract Disputes Act of 1978 (41 U.S.C. 607(d))
    is amended by adding at the end ``Notwithstanding any other provision of
    this section and any other provision of law, an appeal from a decision
    of a contracting officer of the Central Intelligence Agency relative to
    a contract made by that Agency may be filed with whichever of the Armed
    Services Board of Contract Appeals or the Civilian Board of Contract
    Appeals is specified by such contracting officer as the Board to which
    such an appeal may be made and such Board shall have jurisdiction to
    decide that appeal.''.
    SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.

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

    ``deputy director of the central intelligence agency

    ``Sec. 104B. <>   (a) Deputy
    Director of the Central Intelligence Agency.--There is a Deputy Director
    of the Central Intelligence Agency who shall be appointed by the
    President.

    ``(b) Duties.--The Deputy Director of the Central Intelligence
    Agency shall--
    ``(1) assist the Director of the Central Intelligence Agency
    in carrying out the duties and responsibilities of the Director
    of the Central Intelligence Agency; and

    [[Page 2728]]

    ``(2) during the absence or disability of the Director of
    the Central Intelligence Agency, or during a vacancy in the
    position of Director of the Central Intelligence Agency, act for
    and exercise the powers of the Director of the Central
    Intelligence Agency.''.

    (b) Conforming Amendments.--
    (1) Executive schedule iii.--Section 5314 of title 5, United
    States Code, is amended by striking ``Deputy Directors of
    Central Intelligence (2)'' and inserting ``Deputy Director of
    the Central Intelligence Agency''.
    (2) Table of contents amendment.--The table of contents in
    the first section of the National Security Act of 1947, as
    amended by section 414 of this Act, is further amended by
    inserting after the item relating to section 104A the following
    new item:

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

    (c) <>  Applicability.--The amendments made by
    this section shall apply on the earlier of--
    (1) the date of the appointment by the President of an
    individual to serve as Deputy Director of the Central
    Intelligence Agency pursuant to section 104B of the National
    Security Act of 1947, as added by subsection (a), except that
    the individual administratively performing the duties of the
    Deputy Director of the Central Intelligence Agency as of the
    date of the enactment of this Act may continue to perform such
    duties until the individual appointed to the position of Deputy
    Director of the Central Intelligence Agency assumes the duties
    of such position; or
    (2) the date of the cessation of the performance of the
    duties of the Deputy Director of the Central Intelligence Agency
    by the individual administratively performing such duties as of
    the date of the enactment of this Act.
    SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COMMON CARRIER.

    Subsection (b) of section 116 of the National Security Act of 1947
    (50 U.S.C. 404k) is amended by striking the period at the end and
    inserting ``, who may delegate such authority to other appropriate
    officials of the Central Intelligence Agency.''.
    SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE AGENCY.

    (a) Appointment and Qualifications of the Inspector General.--
    Paragraph (1) of section 17(b) of the Central Intelligence Agency Act of
    1949 (50 U.S.C. 403q(b)) is amended by striking the second and third
    sentences and inserting ``This appointment shall be made without regard
    to political affiliation and shall be on the basis of integrity and
    demonstrated ability in accounting, auditing, financial analysis, law,
    management analysis, public administration, or investigation. Such
    appointment shall also be made on the basis of compliance with the
    security standards of the Agency and prior experience in the field of
    foreign intelligence.''.
    (b) Removal of the Inspector General.--Paragraph (6) of section
    17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(b))
    is amended--
    (1) by striking ``immediately''; and
    (2) by striking the period at the end and inserting ``not
    later than 30 days prior to the effective date of such removal.

    [[Page 2729]]

    Nothing in this paragraph shall be construed to prohibit a
    personnel action otherwise authorized by law, other than
    transfer or removal.''.

    (c) Application of Semiannual Reporting Requirements With Respect To
    Review Reports.--Paragraph (1) of section 17(d) of the Central
    Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) is amended in the
    matter preceding subparagraph (A) by inserting ``review,'' after
    ``investigation,''.
    (d) Protection Against Reprisals.--Subparagraph (B) of section
    17(e)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
    403q(e)(3)) is amended by inserting ``or providing such information''
    after ``making such complaint''.
    (e) Inspector General Subpoena Power.--Subparagraph (A) of section
    17(e)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
    403q(e)(5)) is amended by inserting ``in any medium (including
    electronically stored information or any tangible thing)'' after ``other
    data''.
    (f) Other Administrative Authorities.--
    (1) In general.--Subsection (e) of section 17 of the Central
    Intelligence Agency Act of 1949 (50 U.S.C. 403q), as amended by
    subsections (d) and (e) of this section, is further amended--
    (A) by redesignating paragraph (8) as subparagraph
    (9);
    (B) in paragraph (9), as so redesignated--
    (i) by striking ``Subject to the concurrence
    of the Director, the'' and inserting ``The''; and
    (ii) by adding at the end the following:
    ``Consistent with budgetary and personnel
    resources allocated by the Director, the Inspector
    General has final approval of--
    ``(A) the selection of internal and external
    candidates for employment with the Office of Inspector
    General; and
    ``(B) all other personnel decisions concerning
    personnel permanently assigned to the Office of
    Inspector General, including selection and appointment
    to the Senior Intelligence Service, but excluding all
    security-based determinations that are not within the
    authority of a head of other Central Intelligence Agency
    offices.''; and
    (C) by inserting after paragraph (7) the following
    new paragraph:

    ``(8)(A) The Inspector General shall--
    ``(i) <>  appoint a Counsel to the
    Inspector General who shall report to the Inspector General; or
    ``(ii) obtain the services of a counsel appointed by and
    directly reporting to another Inspector General or the Council
    of the Inspectors General on Integrity and Efficiency on a
    reimbursable basis.

    ``(B) The counsel appointed or obtained under subparagraph (A) shall
    perform such functions as the Inspector General may prescribe.''.
    (2) <>  Construction.--Nothing in
    the amendment made by paragraph (1)(C) shall be construed to
    alter the duties and responsibilities of the General Counsel of
    the Central Intelligence Agency.

    [[Page 2730]]

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

    Subsection (f) of section 17 of the Central Intelligence Agency Act
    of 1949 (50 U.S.C. 403q) is amended--
    (1) by inserting ``(1)'' before ``Beginning''; and
    (2) by adding at the end the following new paragraph:

    ``(2) For each fiscal year, the Inspector General shall transmit a
    budget estimate and request through the Director to the Director of
    National Intelligence that specifies for such fiscal year--
    ``(A) the aggregate amount requested for the operations of
    the Inspector General;
    ``(B) the amount requested for all training requirements of
    the Inspector General, including a certification from the
    Inspector General that the amount requested is sufficient to
    fund all training requirements for the Office; and
    ``(C) the amount requested to support the Council of the
    Inspectors General on Integrity and Efficiency, including a
    justification for such amount.

    ``(3) In transmitting a proposed budget to the President for a
    fiscal year, the Director of National Intelligence shall include for
    such fiscal year--
    ``(A) the aggregate amount requested for the Inspector
    General of the Central Intelligence Agency;
    ``(B) the amount requested for Inspector General training;
    ``(C) the amount requested to support the Council of the
    Inspectors General on Integrity and Efficiency; and
    ``(D) the comments of the Inspector General, if any, with
    respect to such proposed budget.

    ``(4) The Director of National Intelligence shall submit to the
    Committee on Appropriations and the Select Committee on Intelligence of
    the Senate and the Committee on Appropriations and the Permanent Select
    Committee on Intelligence of the House of Representatives for each
    fiscal year--
    ``(A) a separate statement of the budget estimate
    transmitted pursuant to paragraph (2);
    ``(B) the amount requested by the Director of National
    Intelligence for the Inspector General pursuant to paragraph
    (3)(A);
    ``(C) the amount requested by the Director of National
    Intelligence for training of personnel of the Office of the
    Inspector General pursuant to paragraph (3)(B);
    ``(D) the amount requested by the Director of National
    Intelligence for support for the Council of the Inspectors
    General on Integrity and Efficiency pursuant to paragraph
    (3)(C); and
    ``(E) the comments of the Inspector General under paragraph
    (3)(D), if any, on the amounts requested pursuant to paragraph
    (3), including whether such amounts would substantially inhibit
    the Inspector General from performing the duties of the
    Office.''.
    SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED VERSIONS OF CERTAIN
    INTELLIGENCE PRODUCTS.

    The Director of the Central Intelligence Agency shall make publicly
    available an unclassified version of any memoranda or finished
    intelligence products assessing the--

    [[Page 2731]]

    (1) information gained from high-value detainee reporting;
    and
    (2) dated April 3, 2003, July 15, 2004, March 2, 2005, and
    June 1, 2005.

    Subtitle C--Defense Intelligence Components

    SEC. 431. INSPECTOR GENERAL MATTERS.

    (a) Coverage Under Inspector General Act of 1978.--Subsection (a)(2)
    of section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is
    amended--
    (1) by inserting ``the Defense Intelligence Agency,'' after
    ``the Corporation for Public Broadcasting,'';
    (2) by inserting ``the National Geospatial-Intelligence
    Agency,'' after ``the National Endowment for the Humanities,'';
    and
    (3) by inserting ``the National Reconnaissance Office, the
    National Security Agency,'' after ``the National Labor Relations
    Board,''.

    (b) Certain Designations Under Inspector General Act of 1978.--
    Subsection (a) of section 8H of the Inspector General Act of 1978 (5
    U.S.C. App.) is amended by adding at the end the following new
    paragraph:
    ``(3) The Inspectors General of the Defense Intelligence Agency, the
    National Geospatial-Intelligence Agency, the National Reconnaissance
    Office, and the National Security Agency shall be designees of the
    Inspector General of the Department of Defense for purposes of this
    section.''.
    (c) Power of Heads of Elements Over Investigations.--Subsection (d)
    of section 8G of such Act (5 U.S.C. App.) is amended--
    (1) by inserting ``(1)'' after ``(d)'';
    (2) in the second sentence of paragraph (1), as designated
    by paragraph (1) of this subsection, by striking ``The head''
    and inserting ``Except as provided in paragraph (2), the head'';
    and
    (3) by adding at the end the following new paragraph:

    ``(2)(A) The Secretary of Defense, in consultation with the Director
    of National Intelligence, may prohibit the inspector general of an
    element of the intelligence community specified in subparagraph (D) from
    initiating, carrying out, or completing any audit or investigation if
    the Secretary determines that the prohibition is necessary to protect
    vital national security interests of the United States.
    ``(B) If the Secretary exercises the authority under subparagraph
    (A), the Secretary shall submit to the committees of Congress specified
    in subparagraph (E) an appropriately classified statement of the reasons
    for the exercise of such authority not later than 7 days after the
    exercise of such authority.
    ``(C) <>  At the same time the Secretary
    submits under subparagraph (B) a statement on the exercise of the
    authority in subparagraph (A) to the committees of Congress specified in
    subparagraph (E), the Secretary shall notify the inspector general of
    such element of the submittal of such statement and, to the extent
    consistent with the protection of intelligence sources and methods,
    provide such inspector general with a copy of such statement. Such
    inspector

    [[Page 2732]]

    general may submit to such committees of Congress any comments on a
    notice or statement received by the inspector general under this
    subparagraph that the inspector general considers appropriate.

    ``(D) The elements of the intelligence community specified in this
    subparagraph are as follows:
    ``(i) The Defense Intelligence Agency.
    ``(ii) The National Geospatial-Intelligence Agency.
    ``(iii) The National Reconnaissance Office.
    ``(iv) The National Security Agency.

    ``(E) The committees of Congress specified in this subparagraph
    are--
    ``(i) the Committee on Armed Services and the Select
    Committee on Intelligence of the Senate; and
    ``(ii) the Committee on Armed Services and the Permanent
    Select Committee on Intelligence of the House of
    Representatives.''.
    SEC. 432. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF NATIONAL
    GEOSPATIAL-INTELLIGENCE AGENCY FOR
    ANALYSIS AND DISSEMINATION OF CERTAIN
    INTELLIGENCE INFORMATION.

    Section 442(a) of title 10, United States Code, is amended--
    (1) by redesignating paragraph (2) as paragraph (3);
    (2) by inserting after paragraph (1) the following new
    paragraph (2):

    ``(2)(A) As directed by the Director of National Intelligence, the
    National Geospatial-Intelligence Agency shall develop a system to
    facilitate the analysis, dissemination, and incorporation of likenesses,
    videos, and presentations produced by ground-based platforms, including
    handheld or clandestine photography taken by or on behalf of human
    intelligence collection organizations or available as open-source
    information, into the National System for Geospatial Intelligence.
    ``(B) The authority provided by this paragraph does not include
    authority for the National Geospatial-Intelligence Agency to manage
    tasking of handheld or clandestine photography taken by or on behalf of
    human intelligence collection organizations.''; and
    (3) in paragraph (3), as so redesignated, by striking
    ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
    SEC. 433. DIRECTOR OF COMPLIANCE OF THE NATIONAL SECURITY AGENCY.

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

    Subtitle D--Other Elements

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

    Section 3(4) of the National Security Act of 1947 (50 U.S.C.
    401a(4)) is amended--

    [[Page 2733]]

    (1) in subparagraph (H)--
    (A) by inserting ``the Coast Guard,'' after ``the
    Marine Corps,''; and
    (B) by inserting ``the Drug Enforcement
    Administration,'' after ``the Federal Bureau of
    Investigation,''; and
    (2) in subparagraph (K), by striking ``, including the
    Office of Intelligence of the Coast Guard''.
    SEC. 442. AUTHORIZATION OF APPROPRIATIONS FOR COAST GUARD NATIONAL
    TACTICAL INTEGRATION OFFICE.

    Title 14, United States Code, is amended--
    (1) <> in paragraph (4) of section 93(a),
    by striking ``function'' and inserting ``function, including
    research, development, test, or evaluation related to
    intelligence systems and capabilities,''; and
    (2) in paragraph (4) of section 662, <>
    by inserting ``intelligence systems and capabilities or'' after
    ``related to''.
    SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE FEDERAL BUREAU
    OF INVESTIGATION.

    Section 5759 of title 5, United States Code, is amended--
    (1) in subsection (a)(2), by striking ``is transferred to a
    different geographic area with a higher cost of living'' and
    inserting ``is subject to a mobility agreement and is
    transferred to a position in a different geographical area in
    which there is a shortage of critical skills'';
    (2) in subsection (b)(2), by striking the period at the end
    and inserting ``, including requirements for a bonus recipient's
    repayment of a bonus in circumstances determined by the Director
    of the Federal Bureau of Investigation.'';
    (3) in subsection (c), by striking ``basic pay.'' and
    inserting ``annual rate of basic pay. The bonus may be paid in a
    lump sum or installments linked to completion of periods of
    service.''; and
    (4) in subsection (d), by striking ``retention bonus'' and
    inserting ``bonus paid under this section''.
    SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL BUREAU OF
    INVESTIGATION TO WAIVE MANDATORY
    RETIREMENT PROVISIONS.

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

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

    [[Page 2734]]

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

    (a) Report.--
    (1) Requirement.--Not later than 180 days after the date of
    the enactment of this Act, the Director of the Federal Bureau of
    Investigation, in consultation with the Director of National
    Intelligence, shall submit to the congressional intelligence
    committees, the Committee on the Judiciary of the Senate, and
    the Committee on the Judiciary of the House of Representatives a
    report describing--
    (A) a long-term vision for the intelligence
    capabilities of the National Security Branch of the
    Bureau;
    (B) a strategic plan for the National Security
    Branch; and
    (C) the progress made in advancing the capabilities
    of the National Security Branch.
    (2) Content.--The report required by paragraph (1) shall
    include--
    (A) a description of the direction, strategy, and
    goals for improving the intelligence capabilities of the
    National Security Branch;
    (B) a description of the intelligence and national
    security capabilities of the National Security Branch
    that will be fully functional within the five-year
    period beginning on the date on which the report is
    submitted;
    (C) a description--
    (i) of the internal reforms that were carried
    out at the National Security Branch during the
    two-year period ending on the date on which the
    report is submitted; and
    (ii) of the manner in which such reforms have
    advanced the capabilities of the National Security
    Branch;
    (D) an assessment of the effectiveness of the
    National Security Branch in performing tasks that are
    critical to the effective functioning of the National
    Security Branch as an intelligence agency, including--
    (i) human intelligence collection, both within
    and outside the parameters of an existing case
    file or ongoing investigation, in a manner that
    protects civil liberties;
    (ii) intelligence analysis, including the
    ability of the National Security Branch to
    produce, and provide policymakers with,
    information on national security threats to the
    United States;
    (iii) management, including the ability of the
    National Security Branch to manage and develop
    human capital and implement an organizational
    structure that supports the objectives and
    strategies of the Branch;
    (iv) integration of the National Security
    Branch into the intelligence community, including
    an ability to robustly share intelligence and
    effectively communicate and operate with
    appropriate Federal, State, local, and tribal
    partners;

    [[Page 2735]]

    (v) implementation of an infrastructure that
    supports the national security and intelligence
    missions of the National Security Branch,
    including proper information technology and
    facilities; and
    (vi) reformation of the culture of the
    National Security Branch, including the
    integration by the Branch of intelligence analysts
    and other professional staff into intelligence
    collection operations and the success of the
    National Security Branch in ensuring that
    intelligence and threat information drive the
    operations of the Branch;
    (E) performance metrics and specific annual
    timetables for advancing the performance of the tasks
    referred to in clauses (i) through (vi) of subparagraph
    (D) and a description of the activities being undertaken
    to ensure that the performance of the National Security
    Branch in carrying out such tasks improves; and
    (F) an assessment of the effectiveness of the field
    office supervisory term limit policy of the Federal
    Bureau of Investigation that requires the mandatory
    reassignment of a supervisor of the Bureau after a
    specific term of years.

    (b) Annual Assessments.--
    (1) Requirement for assessments.--Not later than 180 days
    after the date on which the report required by subsection (a)(1)
    is submitted, and annually thereafter for five years, the
    Director of National Intelligence, in consultation with the
    Director of the Federal Bureau of Investigation, shall submit to
    the congressional intelligence committees, the Committee on the
    Judiciary of the Senate, and the Committee on the Judiciary of
    the House of Representatives an assessment of the performance of
    the National Security Branch in carrying out the tasks referred
    to in clauses (i) through (vi) of subsection (a)(2)(D) in
    comparison to such performance during previous years.
    (2) Considerations.--In conducting each assessment required
    by paragraph (1), the Director of National Intelligence--
    (A) shall use the performance metrics and specific
    annual timetables for carrying out such tasks referred
    to in subsection (a)(2)(E); and
    (B) may request the assistance of any expert that
    the Director considers appropriate, including an
    inspector general of an appropriate department or
    agency.

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

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

    (a) Reorganization of the Diplomatic Telecommunications Service
    Program Office.--
    (1) In general.--Subtitle B of title III of the Intelligence
    Authorization Act for Fiscal Year 2001 (Public Law 106-567;

    [[Page 2736]]

    22 U.S.C. 7301 et seq.) <>  is amended
    by striking sections 321, 322, 323, and 324, and inserting the
    following new sections:
    ``SEC. 321. <> DIPLOMATIC TELECOMMUNICATIONS
    SERVICE PROGRAM OFFICE.

    ``(a) Reorganization.--The Diplomatic Telecommunications Service
    Program Office established pursuant to title V of Public Law 102-140
    shall be reorganized in accordance with this subtitle.
    ``(b) Duties.--The duties of the DTS-PO include implementing a
    program for the establishment and maintenance of a DTS Network capable
    of providing multiple levels of service to meet the wide-ranging needs
    of all United States Government departments and agencies operating from
    diplomatic and consular facilities outside of the United States,
    including national security needs for secure, reliable, and robust
    communications capabilities.
    ``SEC. 322. <> ESTABLISHMENT OF THE DIPLOMATIC
    TELECOMMUNICATIONS SERVICE GOVERNANCE
    BOARD.

    ``(a) Governance Board.--
    ``(1) Establishment.--There is established the Diplomatic
    Telecommunications Service Governance Board to direct and
    oversee the activities and performance of the DTS-PO.
    ``(2) Executive agent.--
    ``(A) Designation.--The Director of the Office of
    Management and Budget shall designate, from among the
    departments and agencies of the United States Government
    that use the DTS Network, a department or agency as the
    DTS-PO Executive Agent.
    ``(B) Duties.--The Executive Agent designated under
    subparagraph (A) shall--
    ``(i) nominate a Director of the DTS-PO for
    approval by the Governance Board in accordance
    with subsection (e); and
    ``(ii) perform such other duties as
    established by the Governance Board in the
    determination of written implementing arrangements
    and other relevant and appropriate governance
    processes and procedures under paragraph (3).
    ``(3) <>  Requirement for implementing
    arrangements.--Subject to the requirements of this subtitle, the
    Governance Board shall determine the written implementing
    arrangements and other relevant and appropriate governance
    processes and procedures to manage, oversee, resource, or
    otherwise administer the DTS-PO.

    ``(b) Membership.--
    ``(1) Selection.--The Director of the Office of Management
    and Budget shall designate from among the departments and
    agencies that use the DTS Network--
    ``(A) four departments and agencies to each appoint
    one voting member of the Governance Board from the
    personnel of such departments and agencies; and
    ``(B) any other departments and agencies that the
    Director considers appropriate to each appoint one
    nonvoting member of the Governance Board from the
    personnel of such departments and agencies.
    ``(2) Voting and nonvoting members.--The Governance Board
    shall consist of voting members and nonvoting members as
    follows:

    [[Page 2737]]

    ``(A) Voting members.--The voting members shall
    consist of a Chair, who shall be designated by the
    Director of the Office of Management and Budget, and the
    four members appointed by departments and agencies
    designated under paragraph (1)(A).
    ``(B) Nonvoting members.--The nonvoting members
    shall consist of the members appointed by departments
    and agencies designated under paragraph (1)(B) and shall
    act in an advisory capacity.

    ``(c) Chair Duties and Authorities.--The Chair of the Governance
    Board shall--
    ``(1) preside over all meetings and deliberations of the
    Governance Board;
    ``(2) provide the Secretariat functions of the Governance
    Board; and
    ``(3) propose bylaws governing the operation of the
    Governance Board.

    ``(d) Quorum, Decisions, Meetings.--A quorum of the Governance Board
    shall consist of the presence of the Chair and four voting members. The
    decisions of the Governance Board shall require a majority of the voting
    membership. The Chair shall convene a meeting of the Governance Board
    not less than four times each year to carry out the functions of the
    Governance Board. The Chair or any voting member may convene a meeting
    of the Governance Board.
    ``(e) Governance Board Duties.--The Governance Board shall have the
    following duties with respect to the DTS-PO:
    ``(1) To approve and monitor the plans, services,
    priorities, policies, and pricing methodology of the DTS-PO for
    bandwidth costs and projects carried out at the request of a
    department or agency that uses the DTS Network.
    ``(2) To provide to the DTS-PO Executive Agent the
    recommendation of the Governance Board with respect to the
    approval, disapproval, or modification of each annual budget
    request for the DTS-PO, prior to the submission of any such
    request by the Executive Agent.
    ``(3) To review the performance of the DTS-PO against plans
    approved under paragraph (1) and the management activities and
    internal controls of the DTS-PO.
    ``(4) To require from the DTS-PO any plans, reports,
    documents, and records the Governance Board considers necessary
    to perform its oversight responsibilities.
    ``(5) To conduct and evaluate independent audits of the DTS-
    PO.
    ``(6) To approve or disapprove the nomination of the
    Director of the DTS-PO by the Executive Agent with a majority
    vote of the Governance Board.
    ``(7) To recommend to the Executive Agent the replacement of
    the Director of the DTS-PO with a majority vote of the
    Governance Board.

    ``(f) National Security Interests.--The Governance Board shall
    ensure that those enhancements of, and the provision of service for,
    telecommunication capabilities that involve the national security
    interests of the United States receive the highest prioritization.

    [[Page 2738]]

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

    ``(a) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary for the operations,
    maintenance, development, enhancement, modernization, and investment
    costs of the DTS Network and the DTS-PO. Funds appropriated for
    allocation to the DTS-PO shall remain available to the DTS-PO for a
    period of two fiscal years.
    ``(b) Fees.--The DTS-PO shall charge a department or agency that
    uses the DTS Network for only those bandwidth costs attributable to such
    department or agency and for specific projects carried out at the
    request of such department or agency, pursuant to the pricing
    methodology for such bandwidth costs and such projects approved under
    section 322(e)(1), for which amounts have not been appropriated for
    allocation to the DTS-PO. The DTS-PO is authorized to directly receive
    payments from departments or agencies that use the DTS Network and to
    invoice such departments or agencies for the fees under this section
    either in advance of, or upon or after, providing the bandwidth or
    performing such projects. Such funds received from such departments or
    agencies shall remain available to the DTS-PO for a period of two fiscal
    years.
    ``SEC. 324. <>  DEFINITIONS.

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

    ``Sec. 321. Diplomatic Telecommunications Service Program Office.
    ``Sec. 322. Establishment of the Diplomatic Telecommunications Service
    Governance Board.
    ``Sec. 323. Funding of the Diplomatic Telecommunications Service.
    ``Sec. 324. Definitions.''.

    (b) Conforming Amendments.--
    (1) Repeal of suspension of reorganization.--
    (A) Repeal.--The Intelligence Authorization Act for
    Fiscal Year 2002 (Public Law 107-108; 22 U.S.C. 7301
    note) is amended by striking section 311.
    (B) Table of contents amendment.--The table of
    contents in section 1 of such Act is amended by striking
    the item relating to section 311.
    (2) Repeal of reform.--
    (A) Repeal.--The Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal
    Years 2000 and 2001 (as enacted into law by section
    1000(a)(7) of Public Law 106-113 and contained in
    appendix G of

    [[Page 2739]]

    that Act; 113 Stat. 1501A-405) is amended by striking
    section 305. <>
    (B) Table of contents amendment.--The table of
    contents in section 2(b) of such Act is amended by
    striking the item related to section 305.
    (3) Repeal of reporting requirements.--Section 507(b) of the
    National Security Act of 1947 (50 U.S.C. 415b(b)), as amended by
    section 351 of this Act, is further amended--
    (A) by striking paragraph (3); and
    (B) by redesignating paragraphs (4) and (5) as
    paragraphs (3) and (4), respectively.

    TITLE VI-- <> FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT
    SEC. 601. SHORT TITLE.

    This title may be cited as the ``Foreign Intelligence and
    Information Commission Act''.
    SEC. 602. DEFINITIONS.

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

    (a) Establishment.--There is established in the legislative branch a
    Foreign Intelligence and Information Commission.
    (b) Purpose.--The purpose of the Commission is to evaluate systems
    and processes at the strategic, interagency level and provide
    recommendations accordingly, and not to seek to duplicate the functions
    of the Director of National Intelligence.
    (c) Functions.--The Commission shall--
    (1) evaluate the current processes or systems for the
    strategic integration of the intelligence community, including
    the Open Source Center, and other elements of the United States
    Government, including the Department of State, with regard to
    the collection, reporting, and analysis of foreign intelligence
    and information;
    (2) provide recommendations to improve or develop such
    processes or systems to integrate the intelligence community
    with other elements of the United States Government, potentially
    including the development of an interagency strategy that
    identifies--
    (A) the collection, reporting, and analysis
    requirements of the United States Government;

    [[Page 2740]]

    (B) the elements of the United States Government
    best positioned to meet collection and reporting
    requirements, with regard to missions, comparative
    institutional advantages, and any other relevant
    factors; and
    (C) interagency budget and resource allocations
    necessary to achieve such collection, reporting, and
    analytical requirements;
    (3) evaluate the extent to which current intelligence
    collection, reporting, and analysis strategies are intended to
    provide global coverage and anticipate future threats,
    challenges, and crises;
    (4) provide recommendations on how to incorporate into the
    interagency strategy the means to anticipate future threats,
    challenges, and crises, including by identifying and supporting
    collection, reporting, and analytical capabilities that are
    global in scope and directed at emerging, long-term, and
    strategic targets;
    (5) provide recommendations on strategies for sustaining
    human and budgetary resources to effect the global collection
    and reporting missions identified in the interagency strategy,
    including the prepositioning of collection and reporting
    capabilities;
    (6) provide recommendations for developing, clarifying, and,
    if necessary, bolstering current and future collection and
    reporting roles and capabilities of elements of the United
    States Government that are not elements of the intelligence
    community deployed in foreign countries;
    (7) provide recommendations related to the role of
    individual country missions in contributing to the interagency
    strategy;
    (8) evaluate the extent to which the establishment of new
    embassies and out-of-embassy posts are able to contribute to
    expanded global coverage and increased collection and reporting
    and provide recommendations related to the establishment of new
    embassies and out-of-embassy posts;
    (9) provide recommendations on executive or legislative
    changes necessary to establish any new executive branch entity
    or to expand the authorities of any existing executive branch
    entity, as needed to improve the strategic integration referred
    to in paragraph (1) and develop and oversee the implementation
    of any interagency strategy;
    (10) provide recommendations on processes for developing and
    presenting to Congress budget requests for each relevant element
    of the United States Government that reflect the allocations
    identified in the interagency strategy and for congressional
    oversight of the development and implementation of the strategy;
    and
    (11) provide recommendations on any institutional reforms
    related to the collection and reporting roles of individual
    elements of the United States Government outside the
    intelligence community, as well as any budgetary, legislative,
    or other changes needed to achieve such reforms.
    SEC. 604. MEMBERS AND STAFF OF THE COMMISSION.

    (a) Members of the Commission.--
    (1) Appointment.--The Commission shall be composed of 10
    members as follows:

    [[Page 2741]]

    (A) Two members appointed by the majority leader of
    the Senate.
    (B) Two members appointed by the minority leader of
    the Senate.
    (C) Two members appointed by the Speaker of the
    House of Representatives.
    (D) Two members appointed by the minority leader of
    the House of Representatives.
    (E) One nonvoting member appointed by the Director
    of National Intelligence.
    (F) One nonvoting member appointed by the Secretary
    of State.
    (2) Selection.--
    (A) In general.--Members of the Commission shall be
    individuals who--
    (i) are not officers or employees of the
    United States Government or any State or local
    government; and
    (ii) have knowledge and experience--
    (I) in foreign information and
    intelligence collection, reporting, and
    analysis, including clandestine
    collection and classified analysis (such
    as experience in the intelligence
    community), diplomatic reporting and
    analysis, and collection of public and
    open-source information;
    (II) in issues related to the
    national security and foreign policy of
    the United States gained by serving as a
    senior official of the Department of
    State, a member of the Foreign Service,
    an employee or officer of an appropriate
    department or agency of the United
    States, or an independent organization
    with expertise in the field of
    international affairs; or
    (III) with foreign policy decision-
    making.
    (B) Diversity of experience.--The individuals
    appointed to the Commission should be selected with a
    view to establishing diversity of experience with regard
    to various geographic regions, functions, and issues.
    (3) Consultation.--The Speaker and the minority leader of
    the House of Representatives, the majority leader and the
    minority leader of the Senate, the Director of National
    Intelligence, and the Secretary of State shall consult among
    themselves prior to the appointment of the members of the
    Commission in order to achieve, to the maximum extent possible,
    fair and equitable representation of various points of view with
    respect to the matters to be considered by the Commission in
    accordance with this title.
    (4) Time of appointment.--The appointments under subsection
    (a) shall be made--
    (A) after the date on which funds are first
    appropriated for the Commission pursuant to section 609;
    and
    (B) not later than 60 days after such date.
    (5) Term of appointment.--Members shall be appointed for the
    life of the Commission.
    (6) Vacancies.--Any vacancy of the Commission shall not
    affect the powers of the Commission and shall be filled in the
    manner in which the original appointment was made.

    [[Page 2742]]

    (7) Chair.--The voting members of the Commission shall
    designate one of the voting members to serve as the chair of the
    Commission.
    (8) Quorum.--Five voting members of the Commission shall
    constitute a quorum for purposes of transacting the business of
    the Commission.
    (9) Meetings.--The Commission shall meet at the call of the
    chair and shall meet regularly, not less than once every 3
    months, during the life of the Commission.

    (b) Staff.--
    (1) In general.--The chair of the Commission may, without
    regard to the provisions of title 5, United States Code,
    governing appointments in the competitive service and chapter 51
    and subchapter III of chapter 53 of that title relating to
    classification of positions and General Schedule pay rates,
    appoint and terminate an executive director and, in consultation
    with the executive director, appoint and terminate such other
    additional personnel as may be necessary to enable the
    Commission to perform its duties. In addition to the executive
    director and one full-time support staff for the executive
    director, there shall be additional staff with relevant
    intelligence and foreign policy experience to support the work
    of the Commission.
    (2) Selection of the executive director.--The executive
    director shall be selected with the approval of a majority of
    the voting members of the Commission.
    (3) Compensation.--
    (A) Executive director.--The executive director
    shall be compensated at the maximum annual rate payable
    for an employee of a standing committee of the Senate
    under section 105(e) of the Legislative Branch
    Appropriations Act, 1968 (2 U.S.C. 61-1(e)), as adjusted
    by any order of the President pro tempore of the Senate.
    (B) Staff.--The chair of the Commission may fix the
    compensation of other personnel of the Commission
    without regard to chapter 51 and subchapter III of
    chapter 53 of title 5, United States Code, relating to
    classification of positions and General Schedule pay
    rates, except that the rate of pay for such personnel
    may not exceed the maximum annual rate payable for an
    employee of a standing committee of the Senate under
    section 105(e) of the Legislative Branch Appropriations
    Act, 1968 (2 U.S.C. 61-1(e)), as adjusted by any order
    of the President pro tempore of the Senate.

    (c) Experts and Consultants.--The Commission is authorized to
    procure temporary or intermittent services of experts and consultants as
    necessary to the extent authorized by section 3109 of title 5, United
    States Code, at rates for individuals not to exceed the daily equivalent
    of the maximum annual rate of basic pay payable under section 5376 of
    such title.
    (d) Staff and Services of Other Agencies or Departments of the
    United States.--Upon the request of the Commission, the head of a
    department or agency of the United States may detail, on a reimbursable
    or nonreimbursable basis, any of the personnel of that department or
    agency to the Commission to assist the Commission in carrying out this
    title. The detail of any such personnel shall be without interruption or
    loss of civil service or Foreign Service status or privilege.

    [[Page 2743]]

    (e) Security Clearance.--The appropriate departments or agencies of
    the United States shall cooperate with the Commission in expeditiously
    providing to the members and staff of the Commission appropriate
    security clearances to the extent possible pursuant to existing
    procedures and requirements.
    (f) Reports Under Ethics in Government Act of 1978.--Notwithstanding
    any other provision of law, for purposes of title I of the Ethics in
    Government Act of 1978 (5 U.S.C. App.), each member and staff of the
    Commission--
    (1) shall be deemed to be an officer or employee of the
    Congress (as defined in section 109(13) of such title); and
    (2) shall file any report required to be filed by such
    member or such staff (including by virtue of the application of
    paragraph (1)) under title I of the Ethics in Government Act of
    1978 (5 U.S.C. App.) with the Secretary of the Senate.
    SEC. 605. POWERS AND DUTIES OF THE COMMISSION.

    (a) Hearings and Evidence.--The Commission may hold such hearings,
    sit and act at such times and places, take such testimony, and receive
    such evidence as the Commission considers advisable to carry out this
    title.
    (b) Information From Federal Agencies.--The Commission may secure
    directly from any department or agency of the United States such
    information as the Commission considers necessary to carry out this
    title. Upon request of the chair of the Commission, the head of such
    department or agency shall furnish such information to the Commission,
    subject to applicable law.
    (c) Postal Services.--The Commission may use the United States mails
    in the same manner and under the same conditions as a department or
    agency of the United States.
    (d) Administrative Support.--The Administrator of the General
    Services Administration shall provide to the Commission on a
    reimbursable basis (or, in the discretion of the Administrator, on a
    nonreimbursable basis) such administrative support services as the
    Commission may request to carry out this title.
    (e) Administrative Procedures.--The Commission may adopt such rules
    and regulations, relating to administrative procedure, as may be
    reasonably necessary to enable the Commission to carry out this title.
    (f) Travel.--
    (1) In general.--The members and staff of the Commission
    may, with the approval of the Commission, conduct such travel as
    is necessary to carry out this title.
    (2) Expenses.--Members of the Commission shall serve without
    pay but shall be allowed travel expenses, including per diem in
    lieu of subsistence, at rates authorized for employees of
    agencies under subchapter I of chapter 57 of title 5, United
    States Code, while away from their homes or regular places of
    business in the performance of services for the Commission.

    (g) Gifts.--No member or staff of the Commission may receive a gift
    or benefit by reason of the service of such member or staff to the
    Commission.
    SEC. 606. REPORT OF THE COMMISSION.

    (a) In General.--
    (1) Interim report.--Not later than 300 days after the date
    on which all members of the Commission are appointed

    [[Page 2744]]

    under section 604(a), the Commission shall submit to the
    congressional intelligence committees an interim report setting
    forth the preliminary evaluations and recommendations of the
    Commission described in section 603(c).
    (2) Final report.--Not later than 60 days after the date of
    the submission of the report required by paragraph (1), the
    Commission shall submit a final report setting forth the final
    evaluations and recommendations of the Commission described in
    section 603(c) to each of the following:
    (A) The President.
    (B) The Director of National Intelligence.
    (C) The Secretary of State.
    (D) The congressional intelligence committees.
    (E) The Committee on Foreign Relations of the
    Senate.
    (F) The Committee on Foreign Affairs of the House of
    Representatives.

    (b) Individual or Dissenting Views.--Each member of the Commission
    may include that member's individual or dissenting views in a report
    required by paragraph (1) or (2) of subsection (a).
    (c) Form of Report.--The reports required by paragraphs (1) and (2)
    of subsection (a), including any finding or recommendation of such
    report, shall be submitted in unclassified form, but may include a
    classified annex.
    SEC. 607. TERMINATION.

    (a) In General.--The Commission shall terminate on the date that is
    60 days after the date of the submission of the report required by
    section 606(a)(2).
    (b) Transfer of Records.--Upon the termination of the Commission
    under subsection (a), all records, files, documents, and other materials
    in the possession, custody, or control of the Commission shall be
    transferred to the Select Committee on Intelligence of the Senate and
    deemed to be records of such Committee.
    SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
    to the Commission.
    SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

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

    TITLE VII--OTHER MATTERS

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

    (a) Extension.--
    (1) <>  In
    general.--Effective on the date on which funds are first
    appropriated pursuant to subsection (b)(1) and subject to
    paragraph (3), subsection (a) of section 1007 of the
    Intelligence Authorization Act for Fiscal Year 2003 (Public Law

    [[Page 2745]]

    107-306; 50 U.S.C. 401 note) is amended by striking ``September
    1, 2004,'' and inserting ``one year after the date on which all
    members of the Commission are appointed pursuant to section
    701(a)(3) of the Intelligence Authorization Act for Fiscal Year
    2010,''.
    (2) <>  Applicability of
    amendment.--The amendment made by paragraph (1) shall take
    effect as if included in the enactment of such section 1007.
    (3) <>  Commission membership.--The
    membership of the National Commission for the Review of the
    Research and Development Programs of the United States
    Intelligence Community established under subsection (a) of
    section 1002 of such Act (Public Law 107-306; 50 U.S.C. 401
    note) (referred to in this section as the ``Commission'') shall
    be considered vacant and new members shall be appointed in
    accordance with such section 1002, as amended by this section.
    (4) <>  Clarification of duties.--
    Section 1002(i) of such Act is amended in the matter preceding
    paragraph (1) by striking ``including--'' and inserting
    ``including advanced research and development programs and
    activities. Such review shall include--''.

    (b) Funding.--
    (1) In general.--There is authorized to be appropriated such
    sums as may be necessary to carry out this section.
    (2) Availability.--Amounts made available to the Commission
    pursuant to paragraph (1) shall remain available until expended.
    (3) Repeal of existing funding authority.--Section 1010 of
    the Intelligence Authorization Act for Fiscal Year 2003 (Public
    Law 107-306; 50 U.S.C. 401 note) is repealed.

    (c) Technical Amendments.--
    (1) Director of central intelligence.--The Intelligence
    Authorization Act for Fiscal Year 2003 <>  (Public Law 107-306) is amended by striking ``Director
    of Central Intelligence'' each place it appears and inserting
    ``Director of National Intelligence'' in the following
    provisions:
    (A) Section 1002(h)(2).
    (B) Section 1003(d)(1).
    (C) Section 1006(a)(1).
    (D) Section 1006(b).
    (E) Section 1007(a).
    (F) Section 1008.
    (2) Deputy director of central intelligence for community
    management.--Paragraph (1) of section 1002(b) of such Act is
    amended by striking ``The Deputy Director of Central
    Intelligence for Community Management.'' and inserting ``The
    Principal Deputy Director of National Intelligence.''.
    SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH MATERIALS IN
    THE POSSESSION OF THE CONGRESSIONAL
    INTELLIGENCE COMMITTEES.

    The Director of National Intelligence is authorized to conduct, at
    the request of one of the congressional intelligence committees and in
    accordance with procedures established by that committee, a
    classification review of materials in the possession of that committee
    that--

    [[Page 2746]]

    (1) are not less than 25 years old; and
    (2) were created, or provided to that committee, by an
    entity in the executive branch.

    TITLE VIII--TECHNICAL AMENDMENTS

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

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
    seq.) is amended--
    (1) in section 101-- <>
    (A) in subsection (a), by moving paragraph (7) two
    ems to the right; and
    (B) by moving subsections (b) through (p) two ems to
    the right;
    (2) in section 103, <>  by redesignating
    subsection (i) as subsection (h);
    (3) in section 109(a)-- <>
    (A) in paragraph (1), by striking ``section 112.;''
    and inserting ``section 112;''; and
    (B) in paragraph (2), by striking the second period;
    (4) in section 301(1), <>  by striking
    ```United States''' and all that follows through ``and `State'''
    and inserting ```United States', `person', `weapon of mass
    destruction', and `State''';
    (5) in section 304(b), <>  by striking
    ``subsection (a)(3)'' and inserting ``subsection (a)(2)''; and
    (6) in section 502(a), <>  by striking
    ``a annual'' and inserting ``an annual''.
    SEC. 802. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY
    ACT OF 1949.

    The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.)
    is amended--
    (1) in paragraph (1) of section 5(a), <>  by striking ``authorized under paragraphs (2) and (3)
    of section 102(a), subsections (c)(7) and (d) of section 103,
    subsections (a) and (g) of section 104, and section 303 of the
    National Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-
    3(c)(7), (d), 403-4(a), (g), and 405)'' and inserting
    ``authorized under section 104A of the National Security Act of
    1947 (50 U.S.C. 403-4a).''; and
    (2) in section 17(d)(3)(B)-- <>
    (A) in clause (i), by striking ``advise'' and
    inserting ``advice''; and
    (B) by amending clause (ii) to read as follows:
    ``(ii) holds or held the position in the Agency,
    including such a position held on an acting basis, of--
    ``(I) Deputy Director;
    ``(II) Associate Deputy Director;
    ``(III) Director of the National Clandestine
    Service;
    ``(IV) Director of Intelligence;
    ``(V) Director of Support; or
    ``(VI) Director of Science and Technology.''.
    SEC. 803. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE.

    Section 528(c) of title 10, United States Code, is amended--

    [[Page 2747]]

    (1) in the heading, by striking ``Associate Director of CIA
    for Military Affairs'' and inserting ``Associate Director of
    Military Affairs, CIA''; and
    (2) by striking ``Associate Director of the Central
    Intelligence Agency for Military Affairs'' and inserting
    ``Associate Director of Military Affairs, Central Intelligence
    Agency, or any successor position''.
    SEC. 804. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF
    1947.

    The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
    amended--
    (1) in section 3(4)(L), <>  by striking
    ``other'' the second place it appears;
    (2) in section 102A-- <>
    (A) in subsection (c)(3)(A), by striking ``annual
    budgets for the Joint Military Intelligence Program and
    for Tactical Intelligence and Related Activities'' and
    inserting ``annual budget for the Military Intelligence
    Program or any successor program or programs'';
    (B) in subsection (d)--
    (i) in paragraph (1)(B), by striking ``Joint
    Military Intelligence Program'' and inserting
    ``Military Intelligence Program or any successor
    program or programs'';
    (ii) in paragraph (3) in the matter preceding
    subparagraph (A), by striking ``subparagraph (A)''
    and inserting ``paragraph (1)(A)''; and
    (iii) in paragraph (5)--
    (I) in subparagraph (A), by striking
    ``or personnel'' in the matter preceding
    clause (i); and
    (II) in subparagraph (B), by
    striking ``or agency involved'' in the
    second sentence and inserting ``involved
    or the Director of the Central
    Intelligence Agency (in the case of the
    Central Intelligence Agency)'';
    (C) in subsection (l)(2)(B), by striking ``section''
    and inserting ``paragraph''; and
    (D) in subsection (n), by inserting ``and Other''
    after ``Acquisition'';
    (3) in section 103(b), <>  by striking
    ``, the National Security Act of 1947 (50 U.S.C. 401 et
    seq.),'';
    (4) in section 104A(g)(1) <>  in the
    matter preceding subparagraph (A), by striking ``Directorate of
    Operations'' and inserting ``National Clandestine Service'';
    (5) in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
    striking ``subsection (h)'' and inserting ``subsection (i)'';
    (6) in section 701(b)(1), <>  by striking
    ``Directorate of Operations'' and inserting ``National
    Clandestine Service'';
    (7) in section 705(e)(2)(D)(i) (50 U.S.C. 432c(e)(2)(D)(i)),
    by striking ``responsible'' and inserting ``responsive''; and
    (8) in section 1003(h)(2) <>  in the
    matter preceding subparagraph (A), by striking ``subsection
    (i)(2)(B)'' and inserting ``subsection (g)(2)(B)''.

    [[Page 2748]]

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

    (a) In General.--Subsection (a) of section 1403 of the National
    Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is
    amended--
    (1) in the heading, by striking ``Foreign''; and
    (2) by striking ``foreign'' each place it appears.

    (b) Responsibility of Director of National Intelligence.--Such
    section 1403, as amended by subsection (a), is further amended--
    (1) in subsections (a) and (c), by striking ``Director of
    Central Intelligence'' and inserting ``Director of National
    Intelligence''; and
    (2) in subsection (b), by inserting ``of National
    Intelligence'' after ``Director''.

    (c) Future-Years Defense Program.--Subsection (c) of such section
    1403, as amended by subsection (b), is further amended by striking
    ``multiyear defense program submitted pursuant to section 114a of title
    10, United States Code'' and inserting ``future-years defense program
    submitted pursuant to section 221 of title 10, United States Code''.
    (d) Conforming Amendments.--
    (1) In general.--The heading of such section 1403 is amended
    to read as follows:
    ``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
    (2) Table of contents amendment.--The table of contents in
    section 2 of the National Defense Authorization Act for Fiscal
    Year 1991 (Public Law 101-510; 104 Stat. 1485) is amended by
    striking the item relating to section 1403 and inserting the
    following new item:

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

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

    (a) Amendments to the National Security Intelligence Reform Act of
    2004.--The National Security Intelligence Reform Act of 2004 (title I of
    Public Law 108-458; 118 Stat. 3643) is amended--
    (1) in subparagraph (B) of section 1016(e)(10) (6 U.S.C.
    485(e)(10)), by striking ``Attorney General'' the second place
    it appears and inserting ``Department of Justice'';
    (2) in subsection (e) of section 1071, <>  by striking ``(1)''; and
    (3) in subsection (b) of <> section
    1072, in the subsection heading by inserting ``Agency'' after
    ``Intelligence''.

    (b) Other Amendments to the Intelligence Reform and Terrorism
    Prevention Act of 2004.--The Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638) is amended--
    (1) in section 2001 (28 U.S.C. 532 note)--
    (A) in paragraph (1) of subsection (c)--
    (i) by striking ``shall,'' and inserting
    ``shall''; and
    (ii) by inserting ``of'' before ``an
    institutional culture'';
    (B) in paragraph (2) of subsection (e), by striking
    ``the National Intelligence Director in a manner
    consistent with

    [[Page 2749]]

    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. 807. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

    (a) Executive Schedule Level II.--Section 5313 of title 5, United
    States Code, is amended by striking the item relating to the Director of
    Central Intelligence and inserting the following new item:

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

    ``General Counsel of the Office of the Director of National
    Intelligence.''.
    SEC. 808. TECHNICAL AMENDMENTS TO SECTION 105 OF THE INTELLIGENCE
    AUTHORIZATION ACT FOR FISCAL YEAR 2004.

    Section 105(b) of the Intelligence Authorization Act for Fiscal Year
    2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is
    amended--
    (1) by striking ``Director of Central Intelligence'' and
    inserting ``Director of National Intelligence''; and
    (2) by inserting ``or in section 313 of such title,'' after
    ``subsection (a)),''.
    SEC. 809. TECHNICAL AMENDMENTS TO SECTION 602 OF THE INTELLIGENCE
    AUTHORIZATION ACT FOR FISCAL YEAR 1995.

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

    [[Page 2750]]

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

    (a) Role of the Director of National Intelligence.--Section 403 of
    the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 403-2)
    is amended by striking ``The Director of Central Intelligence'' and
    inserting the following:
    ``(a) In General.--The Director of National Intelligence''.
    (b) Definition of Intelligence Community.--Section 403 of the
    Intelligence Authorization Act, Fiscal Year 1992, as amended by
    subsection (a), is further amended--
    (1) by striking ``Intelligence Community'' and inserting
    ``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)).''.

    Approved October 7, 2010.

    LEGISLATIVE HISTORY--H.R. 2701 (S. 1494) (S. 3611):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-186 (Permanent Select Comm. on Intelligence).
    SENATE REPORTS: Nos. 111-55 and 111-223 (both from Select Comm. on
    Intelligence) accompanying S. 1494 and S. 3611.
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Feb. 25, 26, considered and passed House.
    Sept. 27, considered and passed Senate, amended.
    Sept. 29, House concurred in Senate amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
    Oct. 7, Presidential statement.