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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2082 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                       October 3, 2007.
    Resolved, That the bill from the House of Representatives (H.R. 
2082) entitled ``An Act to authorize appropriations for fiscal year 
2008 for the 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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel level adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Development and acquisition program.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

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

   TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of definition of intelligence community under 
                            the National Security Act of 1947.
Sec. 304. Delegation of authority for travel on common carriers for 
                            intelligence collection personnel.
Sec. 305. Modification of availability of funds for different 
                            intelligence activities.
Sec. 306. Increase in penalties for disclosure of undercover 
                            intelligence officers and agents.
Sec. 307. Extension to intelligence community of authority to delete 
                            information about receipt and disposition 
                            of foreign gifts and decorations.
Sec. 308. Enhanced flexibility in non-reimbursable details to elements 
                            of the intelligence community.
Sec. 309. Director of National Intelligence report on compliance with 
                            the Detainee Treatment Act of 2005 and 
                            related provisions of the Military 
                            Commissions Act of 2006.
Sec. 310. Vulnerability assessments of major systems.
Sec. 311. Annual personnel level assessments for the intelligence 
                            community.
Sec. 312. Business enterprise architecture and business system 
                            modernization for the intelligence 
                            community.
Sec. 313. Reports on the acquisition of major systems.
Sec. 314. Excessive cost growth of major systems.
Sec. 315. Submittal to Congress of certain court orders under the 
                            Foreign Intelligence Surveillance Act of 
                            1978.
Sec. 316. Repeal of certain reporting requirements.

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

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Requirements for accountability reviews by the Director of 
                            National Intelligence.
Sec. 402. Additional authorities of the Director of National 
                            Intelligence on intelligence information 
                            sharing.
Sec. 403. Modification of limitation on delegation by the Director of 
                            National Intelligence of the protection of 
                            intelligence sources and methods.
Sec. 404. Additional administrative authority of the Director of 
                            National Intelligence.
Sec. 405. Enhancement of authority of the Director of National 
                            Intelligence for flexible personnel 
                            management among the elements of the 
                            intelligence community.
Sec. 406. Clarification of limitation on co-location of the Office of 
                            the Director of National Intelligence.
Sec. 407. Additional duties of the Director of Science and Technology 
                            of the Office of the Director of National 
                            Intelligence.
Sec. 408. Title of Chief Information Officer of the Intelligence 
                            Community.
Sec. 409. Reserve for Contingencies of the Office of the Director of 
                            National Intelligence.
Sec. 410. Inspector General of the Intelligence Community.
Sec. 411. Leadership and location of certain offices and officials.
Sec. 412. National Space Intelligence Office.
Sec. 413. Operational files in the Office of the Director of National 
                            Intelligence.
Sec. 414. Repeal of certain authorities relating to the Office of the 
                            National Counter-intelligence Executive.
Sec. 415. Inapplicability of Federal Advisory Committee Act to advisory 
                            committees of the Office of the Director of 
                            National Intelligence.
Sec. 416. Membership of the Director of National Intelligence on the 
                            Transportation Security Oversight Board.
Sec. 417. Applicability of the Privacy Act to the Director of National 
                            Intelligence and the Office of the Director 
                            of National Intelligence.

                Subtitle B--Central Intelligence Agency

Sec. 421. Director and Deputy Director of the Central Intelligence 
                            Agency.
Sec. 422. Inapplicability to Director of the Central Intelligence 
                            Agency of requirement for annual report on 
                            progress in auditable financial statements.
Sec. 423. Additional functions and authorities for protective personnel 
                            of the Central Intelligence Agency.
Sec. 424. Technical amendments relating to titles of certain Central 
                            Intelligence Agency positions.
Sec. 425. Director of National Intelligence report on retirement 
                            benefits for former employees of Air 
                            America.

              Subtitle C--Defense Intelligence Components

Sec. 431. Enhancements of National Security Agency training program.
Sec. 432. Codification of authorities of National Security Agency 
                            protective personnel.
Sec. 433. Inspector general matters.
Sec. 434. Confirmation of appointment of heads of certain components of 
                            the intelligence community.
Sec. 435. Clarification of national security missions of National 
                            Geospatial-Intelligence Agency for analysis 
                            and dissemination of certain intelligence 
                            information.
Sec. 436. Security clearances in the National Geospatial-Intelligence 
                            Agency.

                       Subtitle D--Other Elements

Sec. 441. Clarification of inclusion of Coast Guard and Drug 
                            Enforcement Administration as elements of 
                            the intelligence community.
Sec. 442. Clarifying amendments relating to Section 105 of the 
                            Intelligence Authorization Act for Fiscal 
                            Year 2004.

                         TITLE V--OTHER MATTERS

Sec. 501. Technical amendments to the National Security Act of 1947.
Sec. 502. Technical clarification of certain references to Joint 
                            Military Intelligence Program and Tactical 
                            Intelligence and Related Activities.
Sec. 503. Technical amendments to the Intelligence Reform and Terrorism 
                            Prevention Act of 2004.
Sec. 504. Technical amendments to title 10, United States Code, arising 
                            from enactment of the Intelligence Reform 
                            and Terrorism Prevention Act of 2004.
Sec. 505. Technical amendment to the Central Intelligence Agency Act of 
                            1949.
Sec. 506. Technical amendments relating to the multiyear National 
                            Intelligence Program.
Sec. 507. Technical amendments to the Executive Schedule.
Sec. 508. Technical amendments relating to redesignation of the 
                            National Imagery and Mapping Agency as the 
                            National Geospatial-Intelligence Agency.
Sec. 509. Other technical amendments relating to responsibility of the 
                            Director of National Intelligence as head 
                            of the intelligence community.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2008 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Department of State.
            (8) The Department of the Treasury.
            (9) The Department of Energy.
            (10) The Department of Justice.
            (11) The Federal Bureau of Investigation.
            (12) The National Reconnaissance Office.
            (13) The National Geospatial-Intelligence Agency.
            (14) The Coast Guard.
            (15) The Department of Homeland Security.
            (16) The Drug Enforcement Administration.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel levels (expressed as full-time equivalent positions) as of 
September 30, 2008, for the conduct of the intelligence and 
intelligence-related activities of the elements listed in such section, 
are those specified in the classified Schedule of Authorizations 
prepared to accompany the conference report on the bill ___ of the One 
Hundred Tenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL LEVEL ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of National 
Intelligence may authorize employment of civilian personnel in excess 
of the number of authorized full-time equivalent positions for fiscal 
year 2008 under section 102 when the Director of National Intelligence 
determines that such action is necessary to the performance of 
important intelligence functions, except that the number of personnel 
employed in excess of the number authorized under such section may not, 
for any element of the intelligence community, exceed 5 percent of the 
number of civilian personnel authorized under such section for such 
element.
    (b) Authority for Conversion of Activities Performed by 
Contractors.--In addition to the authority in subsection (a), upon a 
determination by the head of an element in the intelligence community 
that activities currently being performed by contractor employees 
should be performed by government employees, the concurrence of the 
Director of National Intelligence in such determination, and the 
approval of the Director of the Office of Management and Budget, the 
Director of National Intelligence may authorize employment of 
additional full-time equivalent personnel in such element of the 
intelligence community equal to the number of full-time equivalent 
contractor employees performing such activities.
    (c) Notice to Intelligence Committees.--The Director of National 
Intelligence shall notify the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of the House 
of Representatives in writing at least 15 days before each exercise of 
the authority in subsection (a) or (b).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2008 the sum of 
$715,076,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2009.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 1768 full-time equivalent personnel as of 
September 30, 2008. Personnel serving in such elements may be permanent 
employees of the Intelligence Community Management Account or personnel 
detailed from other elements of the United States Government.
    (c) Construction of Authorities.--The authorities available to the 
Director of National Intelligence under section 103 are also available 
to the Director for the adjustment of personnel levels in elements 
within the Intelligence Community Management Account.
    (d) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are also 
        authorized to be appropriated for the Intelligence Community 
        Management Account for fiscal year 2008 such additional amounts 
        as are specified in the classified Schedule of Authorizations 
        referred to in section 102(a). Such additional amounts for 
        research and development shall remain available until September 
        30, 2009.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2008, there are also authorized such additional personnel for 
        such elements as of that date as are specified in the 
        classified Schedule of Authorizations.

SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.

    (a) In General.--Each requirement to submit a report to the 
congressional intelligence committees that is included in the joint 
explanatory statement to accompany the conference report on the bill 
___ of the One Hundred Tenth Congress, or in the classified annex to 
this Act, is hereby incorporated into this Act, and is hereby made a 
requirement in law.
    (b) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.

SEC. 106. DEVELOPMENT AND ACQUISITION PROGRAM.

    (a) Transfer of Funds.--Of the funds appropriated for the National 
Intelligence Program for fiscal year 2008, and of funds currently 
available for obligation for any prior fiscal year, the Director of 
National Intelligence shall transfer not less than the amount specified 
in the classified annex to the Office of the Director of National 
Intelligence to fund the development and acquisition of the program 
specified in the classified annex.
    (b) Availability of Funds.--The funds transferred under subsection 
(a) shall be available as follows:
            (1) In the case of funds appropriated prior to the date of 
        the enactment of this section, for the time of availability as 
        originally appropriated.
            (2) In the case of funds appropriated on or after the date 
        of the enactment of this section, without fiscal year 
        limitation.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2008 the sum of 
$262,500,000.

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

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

   TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY 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. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

SEC. 303. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER 
              THE NATIONAL SECURITY ACT OF 1947.

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

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

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

SEC. 305. 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. 306. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER 
              INTELLIGENCE OFFICERS AND AGENTS.

    (a) 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''.
    (b) Disclosure of Agent After Access to Classified Information.--
Subsection (b) of such section is amended by striking ``five years'' 
and inserting ``ten years''.

SEC. 307. EXTENSION TO INTELLIGENCE COMMUNITY 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 subparagraphs (A) and (C) of paragraphs (2) 
and (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.
    ``(C) In this paragraph, the term `element of the intelligence 
community' means an element of the intelligence community listed in or 
designated under section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4)).''.

SEC. 308. ENHANCED FLEXIBILITY IN NON-REIMBURSABLE DETAILS TO ELEMENTS 
              OF THE INTELLIGENCE COMMUNITY.

    (a) In General.--Except as provided in section 113 of the National 
Security Act of 1947 (50 U.S.C. 404h) and section 904(g)(2) of the 
Counterintelligence Enhancement Act of 2002 (title IX of Public Law 
107-306; 50 U.S.C. 402c(g)(2)) and notwithstanding any other provision 
of law, in any fiscal year after fiscal year 2007 an officer or 
employee of the United States or member of the Armed Forces may be 
detailed to the staff of an element of the intelligence community 
funded through the Community Management Account from another element of 
the United States Government on a reimbursable or non-reimbursable 
basis, as jointly agreed to by the Director of National Intelligence 
and the head of the detailing element (or the designees of such 
officials), for a period not to exceed three years.
    (b) Element of the Intelligence Community Defined.--In this 
section, the term ``element of the intelligence community'' means an 
element of the intelligence community listed in or designated under 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 309. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON COMPLIANCE WITH 
              THE DETAINEE TREATMENT ACT OF 2005 AND RELATED PROVISIONS 
              OF THE MILITARY COMMISSIONS ACT OF 2006.

    (a) Report Required.--Not later than December 1, 2007, the Director 
of National Intelligence shall submit to the congressional intelligence 
committees a comprehensive report on all measures taken by the Office 
of the Director of National Intelligence and by each element, if any, 
of the intelligence community with relevant responsibilities to comply 
with the provisions of the Detainee Treatment Act of 2005 (title X of 
division A of Public Law 109-148) and related provisions of the 
Military Commissions Act of 2006 (Public Law 109-366).
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the detention or interrogation 
        methods, if any, that have been determined to comply with 
        section 1003 of the Detainee Treatment Act of 2005 (119 Stat. 
        2739; 42 U.S.C. 2000dd) and section 6 of the Military 
        Commissions Act of 2006 (120 Stat. 2632; 18 U.S.C. 2441 note) 
        (including the amendments made by such section 6), and, with 
        respect to each such method--
                    (A) an identification of the official making such 
                determination; and
                    (B) a statement of the basis for such 
                determination.
            (2) A description of the detention or interrogation 
        methods, if any, whose use has been discontinued pursuant to 
        the Detainee Treatment Act of 2005 or the Military Commission 
        Act of 2006, and, with respect to each such method--
                    (A) an identification of the official making the 
                determination to discontinue such method; and
                    (B) a statement of the basis for such 
                determination.
            (3) A description of any actions that have been taken to 
        implement section 1004 of the Detainee Treatment Act of 2005 
        (119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to each 
        such action--
                    (A) an identification of the official taking such 
                action; and
                    (B) a statement of the basis for such action.
            (4) Any other matters that the Director considers necessary 
        to fully and currently inform the congressional intelligence 
        committees about the implementation of the Detainee Treatment 
        Act of 2005 and related provisions of the Military Commissions 
        Act of 2006.
            (5) An appendix containing--
                    (A) all guidelines for the application of the 
                Detainee Treatment Act of 2005 and related provisions 
                of the Military Commissions Act of 2006 to the 
                detention or interrogation activities, if any, of any 
                element of the intelligence community; and
                    (B) all legal justifications of any office or 
                official of the Department of Justice about the meaning 
                or application of Detainee Treatment Act of 2005 or 
                related provisions of the Military Commissions Act of 
                2006 with respect to the detention or interrogation 
                activities, if any, of any element of the intelligence 
                community.
    (c) Form.--The report required by subsection (a) shall be submitted 
in classified form.
    (d) Submission to the Congressional Armed Services Committees.--To 
the extent that the report required by subsection (a) addresses an 
element of the intelligence community within the Department of Defense, 
that portion of the report, and any associated material that is 
necessary to make that portion understandable, shall also be submitted 
by the Director of National Intelligence to the congressional armed 
services committees.
    (e) Definitions.--In this section:
            (1) The term ``congressional armed services committees'' 
        means--
                    (A) the Committee on Armed Services of the Senate; 
                and
                    (B) the Committee on Armed Services of the House of 
                Representatives.
            (2) The term ``congressional intelligence committees'' 
        means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (3) The term ``element of the intelligence community'' 
        means the elements of the intelligence community specified in 
        or designated under section 3(4) of the National Security Act 
        of 1947 (50 U.S.C. 401a(4)).

SEC. 310. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.

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

              ``vulnerability assessments of major systems

    ``Sec. 506B.  (a) Initial Vulnerability Assessments.--The Director 
of National Intelligence shall conduct an initial vulnerability 
assessment for any major system and its items of supply, that is 
proposed for inclusion in the National Intelligence Program. The 
initial vulnerability assessment of a major system and its items of 
supply shall, at a minimum, use an analysis-based approach to--
            ``(1) identify applicable vulnerabilities;
            ``(2) define exploitation potential;
            ``(3) examine the system's potential effectiveness;
            ``(4) determine overall vulnerability; and
            ``(5) make recommendations for risk reduction.
    ``(b) Subsequent Vulnerability Assessments.--(1) The Director of 
National Intelligence shall conduct subsequent vulnerability 
assessments of each major system and its items of supply within the 
National Intelligence Program--
            ``(A) periodically throughout the life-span of the major 
        system;
            ``(B) whenever the Director determines that a change in 
        circumstances warrants the issuance of a subsequent 
        vulnerability assessment; or
            ``(C) upon the request of a congressional intelligence 
        committee.
    ``(2) Any subsequent vulnerability assessment of a major system and 
its items of supply shall, at a minimum, use 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 paragraphs (1) through (5) of subsection (a).
    ``(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 annual consolidated National Intelligence Program 
budget.
    ``(d) Congressional Oversight.--(1) The Director of National 
Intelligence shall provide to the congressional intelligence committees 
a copy of each vulnerability assessment conducted under subsection (a) 
or (b) not later than 10 days after the date of the completion of such 
assessment.
    ``(2) The Director of National Intelligence shall provide the 
congressional intelligence committees with a proposed schedule for 
subsequent vulnerability assessments of a major system under subsection 
(b) when providing such committees with the initial vulnerability 
assessment under subsection (a) of such system as required by 
subsection (d).
    ``(e) Definitions.--In this section:
            ``(1) The term `items of supply'--
                    ``(A) means any individual part, component, 
                subassembly, assembly, or subsystem integral to a major 
                system, and other property which may be replaced during 
                the service life of the major system, including spare 
                parts and replenishment parts; and
                    ``(B) does not include packaging or labeling 
                associated with shipment or identification of items.
            ``(2) The term `major system' has the meaning given that 
        term in section 506A(e).
            ``(3) The term `vulnerability assessment' means the process 
        of identifying and quantifying vulnerabilities in a major 
        system and its items of supply.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the National Security Act of 1947 is amended by inserting after the 
item relating to section 506A the following:

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

SEC. 311. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE 
              COMMUNITY.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), as amended by section 310, is further amended by 
inserting after section 506B, as added by section 310(a), the following 
new section:

  ``annual personnel level assessments for the intelligence community

    ``Sec. 506C.  (a) Requirement to Provide.--The Director of National 
Intelligence shall, in consultation with the head of the element of the 
intelligence community concerned, prepare an annual personnel level 
assessment for such element of the intelligence community that assesses 
the personnel levels for each such element for the fiscal year 
following the fiscal year in which the assessment is submitted.
    ``(b) Schedule.--Each assessment required by subsection (a) shall 
be submitted to the congressional intelligence committees not later 
than January 31, of each year.
    ``(c) Contents.--Each assessment required by subsection (a) 
submitted during a fiscal year shall contain, at a minimum, the 
following information for the element of the intelligence community 
concerned:
            ``(1) The budget submission for personnel costs for the 
        upcoming fiscal year.
            ``(2) The dollar and percentage increase or decrease of 
        such costs as compared to the personnel costs of the current 
        fiscal year.
            ``(3) The dollar and percentage increase or decrease of 
        such costs as compared to the personnel costs during the prior 
        5 fiscal years.
            ``(4) The number of personnel positions requested for the 
        upcoming fiscal year.
            ``(5) The numerical and percentage increase or decrease of 
        such number as compared to the number of personnel positions of 
        the current fiscal year.
            ``(6) The numerical and percentage increase or decrease of 
        such number as compared to the number of personnel positions 
        during the prior 5 fiscal years.
            ``(7) The best estimate of the number and costs of 
        contractors to be funded by the element for the upcoming fiscal 
        year.
            ``(8) The numerical and percentage increase or decrease of 
        such costs of contractors as compared to the best estimate of 
        the costs of contractors of the current fiscal year.
            ``(9) The numerical and percentage increase or decrease of 
        such costs of contractors as compared to the cost of 
        contractors, and the number of contractors, during the prior 5 
        fiscal years.
            ``(10) A written justification for the requested personnel 
        and contractor levels.
            ``(11) A statement by the Director of National Intelligence 
        that, based on current and projected funding, the element 
        concerned will have sufficient--
                    ``(A) internal infrastructure to support the 
                requested personnel and contractor levels;
                    ``(B) training resources to support the requested 
                personnel levels; and
                    ``(C) funding to support the administrative and 
                operational activities of the requested personnel 
                levels.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act, as amended by section 310(b), is further amended by 
inserting after the item relating to section 506B, as added by section 
310(b), the following new item:

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

SEC. 312. BUSINESS ENTERPRISE ARCHITECTURE AND BUSINESS SYSTEM 
              MODERNIZATION FOR THE INTELLIGENCE COMMUNITY.

    (a) Business Enterprise Architecture and Business System 
Modernization.--
            (1) In general.--Title V of the National Security Act of 
        1947 (50 U.S.C. 413 et seq.), as amended by sections 310 and 
        311, is further amended by inserting after section 506C, as 
        added by section 311(a), the following new section:

       ``intelligence community business systems, architecture, 
                   accountability, and modernization

    ``Sec. 506D.  (a) Limitation on Obligation of Funds for 
Intelligence Community Business System Modernization.--(1) After April 
1, 2008, no funds appropriated to any element of the intelligence 
community may be obligated for an intelligence community business 
system modernization described in paragraph (2) unless--
            ``(A) the approval authority designated by the Director of 
        National Intelligence under subsection (c)(2) makes the 
        certification described in paragraph (3) with respect to the 
        intelligence community business system modernization; and
            ``(B) the certification is approved by the Intelligence 
        Community Business Systems Management Committee established 
        under subsection (f).
    ``(2) An intelligence community business system modernization 
described in this paragraph is an intelligence community business 
system modernization that--
            ``(A) will have a total cost in excess of $1,000,000; and
            ``(B) will receive more than 50 percent of the funds for 
        such cost from amounts appropriated for the National 
        Intelligence Program.
    ``(3) The certification described in this paragraph for an 
intelligence community business system modernization is a 
certification, made by the approval authority designated by the 
Director under subsection (c)(2) to the Intelligence Community Business 
Systems Management Committee, that the intelligence community business 
system modernization--
            ``(A) complies with the enterprise architecture under 
        subsection (b); or
            ``(B) is necessary--
                    ``(i) to achieve a critical national security 
                capability or address a critical requirement in an area 
                such as safety or security; or
                    ``(ii) to prevent a significant adverse effect on a 
                project that is needed to achieve an essential 
                capability, taking into consideration the alternative 
                solutions for preventing such adverse effect.
    ``(4) The obligation of funds for an intelligence community 
business system modernization that does not comply with the 
requirements of this subsection shall be treated as a violation of 
section 1341(a)(1)(A) of title 31, United States Code.
    ``(b) Enterprise Architecture for Intelligence Community Business 
Systems.--(1) The Director of National Intelligence shall, acting 
through the Intelligence Community Business Systems Management 
Committee established under subsection (f), develop and implement an 
enterprise architecture to cover all intelligence community business 
systems, and the functions and activities supported by such business 
systems. The enterprise architecture shall be sufficiently defined to 
effectively guide, constrain, and permit implementation of 
interoperable intelligence community business system solutions, 
consistent with applicable policies and procedures established by the 
Director of the Office of Management and Budget.
    ``(2) The enterprise architecture under paragraph (1) shall include 
the following:
            ``(A) An information infrastructure that, at a minimum, 
        will enable the intelligence community to--
                    ``(i) comply with all Federal accounting, financial 
                management, and reporting requirements;
                    ``(ii) routinely produce timely, accurate, and 
                reliable financial information for management purposes;
                    ``(iii) integrate budget, accounting, and program 
                information and systems; and
                    ``(iv) provide for the systematic 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 
Modernization.--(1) The Director of National Intelligence shall be 
responsible for review, approval, and oversight of the planning, 
design, acquisition, deployment, operation, and maintenance of an 
intelligence community business system modernization if more than 50 
percent of the cost of the intelligence community business system 
modernization is funded by amounts appropriated for the National 
Intelligence Program.
    ``(2) The Director shall designate one or more appropriate 
officials of the intelligence community to be responsible for making 
certifications with respect to intelligence community business system 
modernizations under subsection (a)(3).
    ``(d) Intelligence Community Business System Investment Review.--
(1) The approval authority designated under subsection (c)(2) shall 
establish and implement, not later than March 31, 2008, an investment 
review process for the review of the planning, design, acquisition, 
development, deployment, operation, maintenance, modernization, and 
project cost, benefits, and risks of the intelligence community 
business systems for which the approval authority is responsible.
    ``(2) The investment review process under paragraph (1) shall--
            ``(A) meet the requirements of section 11312 of title 40, 
        United States Code; and
            ``(B) specifically set forth the responsibilities of the 
        approval authority under such review process.
    ``(3) The investment review process under paragraph (1) shall 
include the following elements:
            ``(A) Review and approval by an investment review board 
        (consisting of appropriate representatives of the intelligence 
        community) of each intelligence community business system as an 
        investment before the obligation of funds for such system.
            ``(B) Periodic review, but not less often than annually, of 
        every intelligence community business system investment.
            ``(C) Thresholds for levels of review to ensure appropriate 
        review of intelligence community business system investments 
        depending on the scope, complexity, and cost of the system 
        involved.
            ``(D) Procedures for making certifications in accordance 
        with the requirements of subsection (a)(3).
            ``(E) Mechanisms to ensure the consistency of the 
        investment review process with applicable guidance issued by 
        the Director of National Intelligence and the Intelligence 
        Community Business Systems Management Committee established 
        under subsection (f).
            ``(F) Common decision criteria, including standards, 
        requirements, and priorities, for purposes of ensuring the 
        integration of intelligence community business systems.
    ``(e) Budget Information.--For each fiscal year after fiscal year 
2009, 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; and
                    ``(B) funds for business systems modernization 
                identified for each specific appropriation.
            ``(3) For each such system, identification of approval 
        authority designated for such system under subsection (c)(2).
            ``(4) The certification, if any, made under subsection 
        (a)(3) with respect to each such system.
    ``(f) Intelligence Community Business Systems Management 
Committee.--(1) The Director of National Intelligence shall establish 
an Intelligence Community Business Systems Management Committee (in 
this subsection referred to as the `Committee').
    ``(2) The Committee 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) be responsible for coordinating initiatives for 
        intelligence community business system modernization 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 modernization;
            ``(E) ensure that funds are obligated for intelligence 
        community business system modernization 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) Relation to Defense Business Systems Architecture, 
Accountability, and Modernization Requirements.--An intelligence 
community business system that receives more than 50 percent of its 
funds from amounts available for the National Intelligence Program 
shall be exempt from the requirements of section 2222 of title 10, 
United States Code.
    ``(i) Relation to Clinger-Cohen Act.--(1) The Director of National 
Intelligence and the Chief Information Officer of the Intelligence 
Community shall fulfill the executive agency responsibilities in 
chapter 113 of title 40, United States Code, for any intelligence 
community business system that receives more than 50 percent of its 
funding from amounts appropriated for National Intelligence Program.
    ``(2) Any intelligence community business system covered by 
paragraph (1) shall be exempt from the requirements of such chapter 113 
that would otherwise apply to the executive agency that contains the 
element of the intelligence community involved.
    ``(j) Reports.--Not later than March 15 of each of 2009 through 
2014, 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 modernizations submitted for 
                certification under such subsection;
            ``(2) identify the number of intelligence community 
        business system modernizations that received a certification 
        described in subsection (a)(3)(B); and
            ``(3) describe specific improvements in business operations 
        and cost savings resulting from successful intelligence 
        community business systems modernization 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, other than a national security 
        system, that is operated by, for, or on behalf of the 
        intelligence community, including financial systems, mixed 
        systems, financial data feeder systems, the business 
        infrastructure capabilities shared by the systems of the 
        business enterprise architecture 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 
        modernization' means--
                    ``(A) the acquisition or development of a new 
                intelligence community business system; or
                    ``(B) any significant modification or enhancement 
                of an existing intelligence community business system 
                (other than necessary to maintain current services).
            ``(5) The term `national security system' has the meaning 
        given that term in section 3542 of title 44, United States 
        Code.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of that Act, as amended by section 310 and 311, is 
        further amended by inserting after the item relating to section 
        506C, as added by section 312(b) the following new item:

``Sec. 506D. Intelligence community business systems, architecture, 
                            accountability, and modernization.''.
    (b) Implementation.--
            (1) Certain duties.--Not later than 60 days after the date 
        of the enactment of this Act, the Director of National 
        Intelligence shall--
                    (A) complete the delegation of responsibility for 
                the review, approval, and oversight of the planning, 
                design, acquisition, deployment, operation, 
                maintenance, and modernization of intelligence 
                community business systems required by subsection (c) 
                of section 506D of the National Security Act of 1947 
                (as added by subsection (a)); and
                    (B) designate a vice chairman and personnel to 
                serve on the Intelligence Community Business System 
                Management Committee established under subsection (f) 
                of such section 506D (as so added).
            (2) Enterprise architecture.--The Director shall develop 
        the enterprise architecture required by subsection (b) of such 
        section 506D (as so added) by not later than March 1, 2008. In 
        so developing the enterprise architecture, the Director shall 
        develop an implementation plan for the architecture, including 
        the following:
                    (A) The acquisition strategy for new systems that 
                are expected to be needed to complete the enterprise 
                architecture, including specific time-phased 
                milestones, performance metrics, and a statement of the 
                financial and nonfinancial resource needs.
                    (B) An identification of the intelligence community 
                business systems in operation or planned as of December 
                31, 2006, that will not be a part of the enterprise 
                architecture, together with the schedule for the phased 
                termination of the utilization of any such systems.
                    (C) An identification of the intelligence community 
                business systems in operation or planned as of December 
                31, 2006, that will be a part of the enterprise 
                architecture, together with a strategy for modifying 
                such systems to ensure that such systems comply with 
                such enterprise architecture.

SEC. 313. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), as amended by sections 310, 311, and 312, is 
further amended by inserting after section 506D, as added by section 
312(a)(1), the following new section:

             ``reports on the acquisition of major systems

    ``Sec. 506E.  (a) Annual Reports Required.--(1) The Director of 
National Intelligence shall submit to the congressional intelligence 
committees each year, at the same time the budget of the President for 
the fiscal year beginning in such year is submitted to Congress 
pursuant to section 1105 of title 31, United States Code, a separate 
report on each acquisition of a major system by an element of the 
intelligence community.
    ``(2) Each report under this section shall be known as a `Report on 
the Acquisition of Major Systems'.
    ``(b) Elements.--Each report under this section shall include, for 
the acquisition of a major system, information on the following:
            ``(1) The current total anticipated acquisition cost for 
        such system, and the history of such cost from the date the 
        system was first included in a report under this section to the 
        end of the calendar quarter immediately proceeding the 
        submittal of the report under this section.
            ``(2) The current anticipated development schedule for the 
        system, including an estimate of annual development costs until 
        development is completed.
            ``(3) The current anticipated procurement schedule for the 
        system, including the best estimate of the Director of National 
        Intelligence of the annual costs and units to be procured until 
        procurement is completed.
            ``(4) A full life-cycle cost analysis for such system.
            ``(5) The result of any significant test and evaluation of 
        such major system as of the date of the submittal of such 
        report, or, if a significant test and evaluation has not been 
        conducted, a statement of the reasons therefor and the results 
        of any other test and evaluation that has been conducted of 
        such system.
            ``(6) The reasons for any change in acquisition cost, or 
        schedule, for such system from the previous report under this 
        section (if applicable).
            ``(7) The significant contracts or subcontracts related to 
        the major system.
            ``(8) If there is any cost or schedule variance under a 
        contract referred to in paragraph (7) since the previous report 
        under this section, the reasons for such cost or schedule 
        variance.
    ``(c) Determination of Increase in Costs.--Any determination of a 
percentage increase in the acquisition costs of a major system for 
which a report is filed under this section shall be stated in terms of 
constant dollars from the first fiscal year in which funds are 
appropriated for such contract.
    ``(d) Definitions.--In this section:
            ``(1) The term `acquisition cost', with respect to a major 
        system, means the amount equal to the total cost for 
        development and procurement of, and system-specific 
        construction for, such system.
            ``(2) The term `full life-cycle cost', with respect to the 
        acquisition of a major system, means all costs of development, 
        procurement, construction, deployment, and operation and 
        support for such program, without regard to funding source or 
        management control, including costs of development and 
        procurement required to support or utilize such system.
            ``(3) The term `major system', has the meaning given that 
        term in section 506A(e).''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act, as amended by sections 310, 311, and 312, is further 
amended by inserting after the item relating to section 506D, as added 
by section 312(a)(2), the following new item:

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

SEC. 314. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.

    (a) Notification.--Title V of the National Security Act of 1947, as 
amended by sections 310 through 313, is further amended by inserting 
after section 506E, as added by section 313(a), the following new 
section:

                ``excessive cost growth of major systems

    ``Sec. 506F.  (a) Cost Increases of at Least 20 Percent.--(1) On a 
continuing basis, and separate from the submission of any report on a 
major system required by section 506E of this Act, the Director of 
National Intelligence shall determine if the acquisition cost of such 
major system has increased by at least 20 percent as compared to the 
baseline cost of such major system.
    ``(2)(A) If the Director determines under paragraph (1) that the 
acquisition cost of a major system has increased by at least 20 
percent, the Director shall submit to the congressional intelligence 
committees a written notification of such determination as described in 
subparagraph (B), a description of the amount of the increase in the 
acquisition cost of such major system, and a certification as described 
in subparagraph (C).
    ``(B) The notification required by subparagraph (A) shall include--
            ``(i) an independent cost estimate;
            ``(ii) the date on which the determination covered by such 
        notification was made;
            ``(iii) contract performance assessment information with 
        respect to each significant contract or sub-contract related to 
        such major system, including the name of the contractor, the 
        phase of the contract at the time of the report, the percentage 
        of work under the contract that has been completed, any change 
        in contract cost, the percentage by which the contract is 
        currently ahead or behind schedule, and a summary explanation 
        of significant occurrences, such as cost and schedule 
        variances, and the effect of such occurrences on future costs 
        and schedules;
            ``(iv) the prior estimate of the full life-cycle cost for 
        such major system, expressed in constant dollars and in current 
        year dollars;
            ``(v) the current estimated full life-cycle cost of such 
        major system, expressed in constant dollars and current year 
        dollars;
            ``(vi) a statement of the reasons for any increases in the 
        full life-cycle cost of such major system;
            ``(vii) the current change and the total change, in dollars 
        and expressed as a percentage, in the full life-cycle cost 
        applicable to such major system, stated both in constant 
        dollars and current year dollars;
            ``(viii) the completion status of such major system 
        expressed as the percentage--
                    ``(I) of the total number of years for which funds 
                have been appropriated for such major system compared 
                to the number of years for which it is planned that 
                such funds will be appropriated; and
                    ``(II) of the amount of funds that have been 
                appropriated for such major system compared to the 
                total amount of such funds which it is planned will be 
                appropriated;
            ``(ix) the action taken and proposed to be taken to control 
        future cost growth of such major system; and
            ``(x) any changes made in the performance or schedule of 
        such major system and the extent to which such changes have 
        contributed to the increase in full life-cycle costs of such 
        major system.
    ``(C) The certification described in this subparagraph is a written 
certification made by the Director and submitted to the congressional 
intelligence committees that--
            ``(i) the acquisition of such major system is essential to 
        the national security;
            ``(ii) there are no alternatives to such major system that 
        will provide equal or greater intelligence capability at equal 
        or lesser cost to completion;
            ``(iii) the new estimates of the full life-cycle cost for 
        such major system are reasonable; and
            ``(iv) the management structure for the acquisition of such 
        major system is adequate to manage and control full life-cycle 
        cost of such major system.
    ``(b) Cost Increases of at Least 40 Percent.--(1) If the Director 
of National Intelligence determines that the acquisition cost of a 
major system has increased by at least 40 percent as compared to the 
baseline cost of such major system, the President shall submit to the 
congressional intelligence committees a written certification stating 
that--
            ``(A) the acquisition of such major system is essential to 
        the national security;
            ``(B) there are no alternatives to such major system that 
        will provide equal or greater intelligence capability at equal 
        or lesser cost to completion;
            ``(C) the new estimates of the full life-cycle cost for 
        such major system are reasonable; and
            ``(D) the management structure for the acquisition of such 
        major system is adequate to manage and control the full life-
        cycle cost of such major system.
    ``(2) In addition to the certification required by paragraph (1), 
the Director of National Intelligence shall submit to the congressional 
intelligence committees an updated notification, with current 
accompanying information, as required by subsection (a)(2).
    ``(c) Prohibition on Obligation of Funds.--(1) If a written 
certification required under subsection (a)(2)(A) is not submitted to 
the congressional intelligence committees within 30 days of the 
determination made under subsection (a)(1), funds appropriated for the 
acquisition of a major system may not be obligated for a major contract 
under the program. Such prohibition on the obligation of funds shall 
cease to apply at the end of the 30-day period of a continuous session 
of Congress that begins on the date on which Congress receives the 
notification required under subsection (a)(2)(A).
    ``(2) If a written certification required under subsection (b)(1) 
is not submitted to the congressional intelligence committees within 30 
days of the determination made under subsection (b)(1), funds 
appropriated for the acquisition of a major system may not be obligated 
for a major contract under the program. Such prohibition on the 
obligation of funds for the acquisition of a major system shall cease 
to apply at the end of the 30-day period of a continuous session of 
Congress that begins on the date on which Congress receives the 
notification required under subsection (b)(2).
    ``(d) Definitions.--In this section:
            ``(1) The term `acquisition cost' has the meaning given 
        that term in section 506E(d).
            ``(2) The term `baseline cost', with respect to a major 
        system, means the projected acquisition cost of such system on 
        the date the contract for the development, procurement, and 
        construction of the system is awarded.
            ``(3) The term `full life-cycle cost' has the meaning given 
        that term in section 506E(d).
            ``(4) The term `independent cost estimate' has the meaning 
        given that term in section 506A(e).
            ``(5) The term `major system' has the meaning given that 
        term in section 506A(e).''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act, as amended by sections 310 through 313 of this Act, is 
further amended by inserting after the items relating to section 506E, 
as added by section 313(b), the following new item:

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

SEC. 315. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS UNDER THE 
              FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Inclusion of Certain Orders in Semi-Annual Reports of Attorney 
General.--Subsection (a)(5) of section 601 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871) is amended by striking ``(not 
including orders)'' and inserting ``, orders,''.
    (b) Reports by Attorney General on Certain Other Orders.--That 
section is further amended by adding at the end the following new 
subsection:
    ``(c) The Attorney General shall submit to the committees of 
Congress referred to in subsection (a) a copy of any decision, order, 
or opinion issued by the court established under section 103(a) or the 
court of review established under section 103(b) that includes 
significant construction or interpretation of any provision of this Act 
not later than 45 days after such decision, order, or opinion is 
issued.''.

SEC. 316. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

    (a) Annual Report on Intelligence.--
            (1) Repeal.--Section 109 of the National Security Act of 
        1947 (50 U.S.C. 404d) is repealed.
            (2) Clerical amendment.--The table of contents in the first 
        section of the National Security Act of 1947 is amended by 
        striking the item relating to section 109.
    (b) Annual and Special Reports on Intelligence Sharing With the 
United Nations.--Section 112 of the National Security Act of 1947 (50 
U.S.C. 404g) is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsections (c), (d), and (e) as 
        subsections (b), (c), and (d), respectively.
    (c) Annual Report on Safety and Security of Russian Nuclear 
Facilities and Forces.--Section 114 of the National Security Act of 
1947 (50 U.S.C. 404i) is amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (a), (b), and (c), respectively.
    (d) 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).
    (e) 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.
    (f) Annual Report on Counterdrug Intelligence Matters.--Section 826 
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed.
    (g) Semiannual Report on Contributions to Proliferation Efforts of 
Countries of Proliferation Concern.--Section 722 of the Combatting 
Proliferation of Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
2369) is repealed.
    (h) Conforming Amendments.--Section 507(a) of the National Security 
Act of 1947 (50 U.S.C. 415b(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraphs (A) and (B); and
                    (B) by redesignating subparagraphs (C) through (N) 
                as subparagraphs (A) through (L), respectively; and
            (2) in paragraph (2)--
                    (A) by striking subparagraphs (A) and (D);
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (A) and (B), respectively; and
                    (C) in subparagraph (A), as redesignated by 
                subparagraph (B) of this paragraph, by striking 
                ``114(c)'' and inserting ``114(b)''.

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

      Subtitle A--Office of the Director of National Intelligence

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

    (a) Responsibility of the Director of National Intelligence.--
Subsection (b) of section 102 of the National Security Act of 1947 (50 
U.S.C. 403) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3)--
                    (A) by striking ``2004,'' and inserting ``2004 (50 
                U.S.C. 403 note),''; and
                    (B) by striking the period at the end and inserting 
                a semicolon and ``and''; and
            (3) by inserting after paragraph (3), the following new 
        paragraph:
            ``(4) conduct accountability reviews of elements of the 
        intelligence community and the personnel of such elements, if 
        appropriate.''.
    (b) Tasking and Other Authorities.--Subsection (f) of section 102A 
of such Act (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 accountability reviews of 
elements of the intelligence community or the personnel of such 
elements in relation to significant failures or deficiencies within the 
intelligence community.
    ``(B) The Director of National Intelligence, in consultation with 
the Attorney General, shall establish guidelines and procedures for 
conducting accountability reviews under subparagraph (A).
    ``(C) The requirements of this paragraph shall not limit any 
authority of the Director of National Intelligence under subsection (m) 
or with respect to supervision of the Central Intelligence Agency.''.

SEC. 402. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF NATIONAL 
              INTELLIGENCE ON INTELLIGENCE INFORMATION SHARING.

    (a) Authorities of the Director of National Intelligence.--Section 
102A(g)(1) of the National Security Act of 1947 (50 U.S.C. 403-1(g)(1)) 
is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period and 
        inserting a semicolon; and
            (3) by adding at the end the following new subparagraphs:
            ``(G) in carrying out this subsection, without regard to 
        any other provision of law (other than this Act and the 
        National Security Intelligence Reform Act of 2004 (title I of 
        Public Law 108-458)), expend funds and make funds available to 
        other department or agencies of the United States for, and 
        direct the development and fielding of, systems of common 
        concern related to the collection, processing, analysis, 
        exploitation, and dissemination of intelligence information; 
        and
            ``(H) for purposes of addressing critical gaps in 
        intelligence information sharing or access capabilities, have 
        the authority to transfer funds appropriated for a program 
        within the National Intelligence Program to a program funded by 
        appropriations not within the National Intelligence Program, 
        consistent with paragraphs (3) through (7) of subsection 
        (d).''.
    (b) Authorities of Heads of Other Departments and Agencies.--
Notwithstanding any other provision of law, the head of any department 
or agency of the United States is authorized to receive and utilize 
funds made available to the department or agency by the Director of 
National Intelligence pursuant to section 102A(g)(1) of the National 
Security Act of 1947 (50 U.S.C. 403-1(g)(1)), as amended by subsection 
(a), and receive and utilize any system referred to in such section 
that is made available to the department or agency.

SEC. 403. MODIFICATION OF LIMITATION ON DELEGATION BY THE DIRECTOR OF 
              NATIONAL INTELLIGENCE OF THE PROTECTION OF INTELLIGENCE 
              SOURCES AND METHODS.

    Section 102A(i)(3) of the National Security Act of 1947 (50 U.S.C. 
403-1(i)(3)) is amended by inserting before the period the following: 
``, any Deputy Director of National Intelligence, or the Chief 
Information Officer of the Intelligence Community''.

SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE DIRECTOR OF 
              NATIONAL INTELLIGENCE.

    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) Additional Administrative Authorities.--(1) Notwithstanding 
section 1346 of title 31, United States Code, or any other provision of 
law prohibiting the interagency financing of activities described in 
subparagraph (A) or (B), upon the request of the Director of National 
Intelligence, any element of the intelligence community may use 
appropriated funds to support or participate in the interagency 
activities of the following:
            ``(A) National intelligence centers established by the 
        Director under section 119B.
            ``(B) Boards, commissions, councils, committees, and 
        similar groups that are established--
                    ``(i) for a term of not more than two years; and
                    ``(ii) by the Director.
    ``(2) No provision of law enacted after the date of the enactment 
of the Intelligence Authorization Act for Fiscal Year 2008 shall be 
construed to limit or supersede the authority in paragraph (1) unless 
such provision makes specific reference to the authority in that 
paragraph.''.

SEC. 405. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF NATIONAL 
              INTELLIGENCE FOR FLEXIBLE PERSONNEL MANAGEMENT AMONG THE 
              ELEMENTS OF THE INTELLIGENCE COMMUNITY.

    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 404 of this Act, is further amended by adding 
at the end the following new subsections:
    ``(t) Authority To Establish Positions in Excepted Service.--(1) 
The Director of National Intelligence may, with the concurrence of the 
head of the department or agency concerned and in coordination with the 
Director of the Office of Personnel Management--
            ``(A) convert such competitive service positions, and their 
        incumbents, within an element of the intelligence community to 
        excepted service positions as the Director of National 
        Intelligence determines necessary to carry out the intelligence 
        functions of such element; and
            ``(B) establish the classification and ranges of rates of 
        basic pay for positions so converted, notwithstanding otherwise 
        applicable laws governing the classification and rates of basic 
        pay for such positions.
    ``(2)(A) At the request of the Director of National Intelligence, 
the head of a department or agency may establish new positions in the 
excepted service within an element of such department or agency that is 
part of the intelligence community if the Director determines that such 
positions are necessary to carry out the intelligence functions of such 
element.
    ``(B) The Director of National Intelligence may establish the 
classification and ranges of rates of basic pay for any position 
established under subparagraph (A), notwithstanding otherwise 
applicable laws governing the classification and rates of basic pay for 
such positions
    ``(3) The head of the department or agency concerned is authorized 
to appoint individuals for service in positions converted under 
paragraph (1) or established under paragraph (2) without regard to the 
provisions of chapter 33 of title 5, United States Code, governing 
appointments in the competitive service, and to fix the compensation of 
such individuals within the applicable ranges of rates of basic pay 
established by the Director of National Intelligence.
    ``(4) The maximum rate of basic pay established under this 
subsection is the rate for level III of the Executive Schedule under 
section 5314 of title 5, United States Code.
    ``(u) 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 consultation with the 
Director of the Office of Personnel Management and the Director of the 
Office of Management and Budget, grant authority to fix the rate of 
basic pay for 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.
    ``(2) Authority under this subsection may be granted or exercised--
            ``(A) only with respect to a position which requires an 
        extremely high level of expertise and is critical to successful 
        accomplishment of an important mission; and
            ``(B) only to the extent necessary to recruit or retain an 
        individual exceptionally well qualified for the position.
    ``(3) A rate of basic pay may not be fixed under this subsection at 
a rate greater than the rate payable for level II of the Executive 
Schedule under section 5312 of title 5, United States Code, except upon 
written approval of the Director of National Intelligence or as 
otherwise authorized by law.
    ``(4) A rate of basic pay may not be fixed under this subsection at 
a rate greater than the rate payable for level I of the Executive 
Schedule under section 5311 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.
    ``(v) Extension of Flexible Personnel Management Authorities.--(1) 
Notwithstanding any other provision of law, in order to ensure the 
equitable treatment of employees across the intelligence community, the 
Director of National Intelligence may, with the concurrence of the head 
of the department or agency concerned, or for those matters that fall 
under the responsibilities of the Office of Personnel Management under 
statute or Executive Order, in coordination with the Director of the 
Office of Personnel Management, authorize one or more elements of the 
intelligence community to adopt compensation authority, performance 
management authority, and scholarship authority that have been 
authorized for another element of the intelligence community if the 
Director of National Intelligence--
            ``(A) determines that the adoption of such authority would 
        improve the management and performance of the intelligence 
        community, and
            ``(B) submits to the congressional intelligence committees, 
        not later than 60 days before such authority is to take effect, 
        notice of the adoption of such authority by such element or 
        elements, including the authority to be so adopted, and an 
        estimate of the costs associated with the adoption of such 
        authority.
    ``(2) To the extent that an existing compensation authority within 
the intelligence community is limited to a particular category of 
employees or a particular situation, the authority may be adopted in 
another element of the intelligence community under this subsection 
only for employees in an equivalent category or in an equivalent 
situation.
    ``(3) In this subsection, the term `compensation authority' means 
authority involving basic pay (including position classification), 
premium pay, awards, bonuses, incentives, allowances, differentials, 
student loan repayments, and special payments, but does not include 
authorities as follows:
            ``(A) Authorities related to benefits such as leave, 
        severance pay, retirement, and insurance.
            ``(B) Authority to grant Presidential Rank Awards under 
        sections 4507 and 4507a of title 5, United States Code, section 
        3151(c) of title 31, United States Code, and any other 
        provision of law.
            ``(C) Compensation authorities and performance management 
        authorities provided under provisions of law relating to the 
        Senior Executive Service.''.

SEC. 406. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE OFFICE OF 
              THE DIRECTOR OF NATIONAL INTELLIGENCE.

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

SEC. 407. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY 
              OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

    (a) Coordination and Prioritization of Research Conducted by 
Elements of Intelligence Community.--Subsection (d) of section 103E of 
the National Security Act of 1947 (50 U.S.C. 403-3e) is amended--
            (1) in paragraph (3)(A), by inserting ``and prioritize'' 
        after ``coordinate''; and
            (2) by adding at the end the following new paragraph:
    ``(4) In carrying out paragraph (3)(A), the Committee shall 
identify basic, advanced, and applied research programs to be carried 
out by elements of the intelligence community.''.
    (b) Development of Technology Goals.--That section is further 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (5) as paragraph 
                (9); and
                    (C) by inserting after paragraph (4) the following 
                new paragraphs:
            ``(5) assist the Director in establishing goals for the 
        elements of the intelligence community to meet the technology 
        needs of the intelligence community;
            ``(6) under the direction of the Director, establish 
        engineering standards and specifications applicable to each 
        acquisition of a major system (as that term is defined in 
        section 506A(e)(3)) by the intelligence community;
            ``(7) develop 15-year projections and assessments of the 
        needs of the intelligence community to ensure a robust Federal 
        scientific and engineering workforce and the means to recruit 
        such a workforce through integrated scholarships across the 
        intelligence community, including research grants and 
        cooperative work-study programs;
            ``(8) ensure that each acquisition program of the 
        intelligence community for a major system (as so defined) 
        complies with the standards and specifications established 
        under paragraph (6); and''; and
            (2) by adding at the end the following new subsection:
    ``(e) Goals for Technology Needs of Intelligence Community.--In 
carrying out subsection (c)(5), the Director of Science and Technology 
shall--
            ``(1) systematically identify and assess the most 
        significant intelligence challenges that require technical 
        solutions;
            ``(2) examine options to enhance the responsiveness of 
        research and design programs of the elements of the 
        intelligence community to meet the requirements of the 
        intelligence community for timely support; and
            ``(3) assist the Director of National Intelligence in 
        establishing research and development priorities and projects 
        for the intelligence community that--
                    ``(A) are consistent with current or future 
                national intelligence requirements;
                    ``(B) address deficiencies or gaps in the 
                collection, processing, analysis, or dissemination of 
                national intelligence;
                    ``(C) take into account funding constraints in 
                program development and acquisition; and
                    ``(D) address system requirements from collection 
                to final dissemination (also known as `end-to-end 
                architecture').''.
    (c) Report.--
            (1) In general.--Not later than June 30, 2008, the Director 
        of National Intelligence shall submit to Congress a report 
        containing a strategy for the development and use of technology 
        in the intelligence community through 2021.
            (2) Elements.--The report under paragraph (1) shall 
        include--
                    (A) an assessment of the highest priority 
                intelligence gaps across the intelligence community 
                that may be resolved by the use of technology;
                    (B) goals for advanced research and development and 
                a strategy to achieve such goals;
                    (C) an explanation of how each advanced research 
                and development project funded under the National 
                Intelligence Program addresses an identified 
                intelligence gap;
                    (D) a list of all current and projected research 
                and development projects by research type (basic, 
                advanced, or applied) with estimated funding levels, 
                estimated initiation dates, and estimated completion 
                dates; and
                    (E) a plan to incorporate technology from research 
                and development projects into National Intelligence 
                Program acquisition programs.
            (3) Form.--The report under paragraph (1) may be submitted 
        in classified form.

SEC. 408. TITLE OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE 
              COMMUNITY.

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

SEC. 409. RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE DIRECTOR OF 
              NATIONAL INTELLIGENCE.

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

 ``reserve for contingencies of the office of the director of national 
                              intelligence

    ``Sec. 103H.  (a) In General.--There is established a fund to be 
known as the `Reserve for Contingencies of the Office of the Director 
of National Intelligence' (in this section referred to as the 
`Reserve').
    ``(b) Elements.--(1) The Reserve shall consist of the following 
elements:
            ``(A) Amounts authorized to be appropriated to the Reserve.
            ``(B) Amounts authorized to be transferred to or deposited 
        in the Reserve by law.
    ``(2) No amount may be transferred to the Reserve under 
subparagraph (B) of paragraph (1) during a fiscal year after the date 
on which a total of $50,000,000 has been transferred to or deposited in 
the Reserve under subparagraph (A) or (B) of such paragraph.
    ``(c) Amounts Available for Deposit.--Amounts deposited into the 
Reserve shall be amounts appropriated to the National Intelligence 
Program.
    ``(d) Availability of Funds.--(1) Amounts in the Reserve shall be 
available for such purposes as are provided by law for the Office of 
the Director of National Intelligence or the separate elements of the 
intelligence community for support of emerging needs, improvements to 
program effectiveness, or increased efficiency.
    ``(2)(A) Subject to subparagraph (B), amounts in the Reserve may be 
available for a program or activity if--
            ``(i) the Director of National Intelligence, consistent 
        with the provisions of sections 502 and 503, notifies the 
        congressional intelligence committees of the intention to 
        utilize such amounts for such program or activity; and
            ``(ii) 15 calendar days elapses after the date of such 
        notification.
    ``(B) In addition to the requirements in subparagraph (A), amounts 
in the Reserve may be available for a program or activity not 
previously authorized by Congress only with the approval of the 
Director the Office of Management and Budget.
    ``(3) Use of any amounts in the Reserve shall be subject to the 
direction and approval of the Director of National Intelligence, or the 
designee of the Director, and shall be subject to such procedures as 
the Director may prescribe.
    ``(4) Amounts transferred to or deposited in the Reserve in a 
fiscal year under subsection (b) shall be available under this 
subsection in such fiscal year and the fiscal year following such 
fiscal year.''.
    (b) Applicability.--No funds appropriated prior to the date of the 
enactment of this Act may be transferred to or deposited in the Reserve 
for Contingencies of the Office of the Director of National 
Intelligence established in section 103H of the National Security Act 
of 1947, as added by subsection (a).
    (c) Clerical Amendment.--The table of contents in the first section 
of the National Security Act of 1947 is amended by inserting after the 
item relating to section 103G the following new item:

``Sec. 103H. Reserve for Contingencies of the Office of the Director of 
                            National Intelligence.''.

SEC. 410. 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 409 of this 
        Act, is further amended by inserting after section 103H the 
        following new section:

           ``inspector general of the intelligence community

    ``Sec. 103I.  (a) Office of Inspector General of Intelligence 
Community.--There is within the Office of the Director of National 
Intelligence an Office of the Inspector General of the Intelligence 
Community.
    ``(b) Purpose.--The purpose of the Office of the Inspector General 
of the Intelligence Community is to--
            ``(1) create an objective and effective office, 
        appropriately accountable to Congress, to initiate and conduct 
        independently investigations, inspections, and audits on 
        matters within the responsibility and authority of the Director 
        of National Intelligence;
            ``(2) recommend policies designed--
                    ``(A) to promote economy, efficiency, and 
                effectiveness in the administration and implementation 
                of matters within the responsibility and authority of 
                the Director of National Intelligence; and
                    ``(B) to prevent and detect fraud and abuse in such 
                matters;
            ``(3) provide a means for keeping the Director of National 
        Intelligence fully and currently informed about--
                    ``(A) problems and deficiencies relating to matters 
                within the responsibility and authority of the Director 
                of National Intelligence; and
                    ``(B) the necessity for, and the progress of, 
                corrective actions; and
            ``(4) in the manner prescribed by this section, ensure that 
        the congressional intelligence committees are kept similarly 
        informed of--
                    ``(A) significant problems and deficiencies 
                relating to matters within the responsibility and 
                authority of the Director of National Intelligence; and
                    ``(B) the necessity for, and the progress of, 
                corrective actions.
    ``(c) Inspector General of Intelligence Community.--(1) There is an 
Inspector General of the Intelligence Community, who shall be the head 
of the Office of the Inspector General of the Intelligence Community, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate.
    ``(2) The nomination of an individual for appointment as Inspector 
General shall be made--
            ``(A) without regard to political affiliation;
            ``(B) solely on the basis of integrity, compliance with the 
        security standards of the intelligence community, and prior 
        experience in the field of intelligence or national security; 
        and
            ``(C) on the basis of demonstrated ability in accounting, 
        financial analysis, law, management analysis, public 
        administration, or auditing.
    ``(3) The Inspector General shall report directly to and be under 
the general supervision of the Director of National Intelligence.
    ``(4) The Inspector General may be removed from office only by the 
President. The President shall immediately communicate in writing to 
the congressional intelligence committees the reasons for the removal 
of any individual from the position of Inspector General.
    ``(d) Duties and Responsibilities.--Subject to subsections (g) and 
(h), it shall be the duty and responsibility of the Inspector General 
of the Intelligence Community--
            ``(1) to provide policy direction for, and to plan, 
        conduct, supervise, and coordinate independently, the 
        investigations, inspections, and audits relating to matters 
        within the responsibility and authority of the Director of 
        National Intelligence to ensure they are conducted efficiently 
        and in accordance with applicable law and regulations;
            ``(2) to keep the Director of National Intelligence fully 
        and currently informed concerning violations of law and 
        regulations, violations of civil liberties and privacy, and 
        fraud and other serious problems, abuses, and deficiencies that 
        may occur in matters within the responsibility and authority of 
        the Director, and to report the progress made in implementing 
        corrective action;
            ``(3) to take due regard for the protection of intelligence 
        sources and methods in the preparation of all reports issued by 
        the Inspector General, and, to the extent consistent with the 
        purpose and objective of such reports, take such measures as 
        may be appropriate to minimize the disclosure of intelligence 
        sources and methods described in such reports; and
            ``(4) in the execution of the duties and responsibilities 
        under this section, to comply with generally accepted 
        government auditing standards.
    ``(e) Limitations on Activities.--(1) The Director of National 
Intelligence may prohibit the Inspector General of the Intelligence 
Community from initiating, carrying out, or completing any 
investigation, inspection, or audit if the Director determines that 
such prohibition is necessary to protect vital national security 
interests of the United States.
    ``(2) If the Director exercises the authority under paragraph (1), 
the Director shall submit an appropriately classified statement of the 
reasons for the exercise of such authority within 7 days to the 
congressional intelligence committees.
    ``(3) The Director shall advise the Inspector General at the time a 
report under paragraph (2) is submitted, and, to the extent consistent 
with the protection of intelligence sources and methods, provide the 
Inspector General with a copy of such report.
    ``(4) The Inspector General may submit to the congressional 
intelligence committees any comments on a report of which the Inspector 
General has notice under paragraph (3) that the Inspector General 
considers appropriate.
    ``(f) Authorities.--(1) The Inspector General of the Intelligence 
Community shall have direct and prompt access to the Director of 
National Intelligence when necessary for any purpose pertaining to the 
performance of the duties of the Inspector General.
    ``(2)(A) The Inspector General shall have access to any employee, 
or any employee of a contractor, of any element of the intelligence 
community whose testimony is needed for the performance of the duties 
of the Inspector General.
    ``(B) The Inspector General shall have direct access to all 
records, reports, audits, reviews, documents, papers, recommendations, 
or other material which relate to the programs and operations with 
respect to which the Inspector General has responsibilities under this 
section.
    ``(C) The level of classification or compartmentation of 
information shall not, in and of itself, provide a sufficient rationale 
for denying the Inspector General access to any materials under 
subparagraph (B).
    ``(D) Failure on the part of any employee, or any employee of a 
contractor, of any element of the intelligence community to cooperate 
with the Inspector General shall be grounds for appropriate 
administrative actions by the Director or, on the recommendation of the 
Director, other appropriate officials of the intelligence community, 
including loss of employment or the termination of an existing 
contractual relationship.
    ``(3) The Inspector General is authorized to receive and 
investigate complaints or information from any person concerning the 
existence of an activity constituting a violation of laws, rules, or 
regulations, or mismanagement, gross waste of funds, abuse of 
authority, or a substantial and specific danger to the public health 
and safety. Once such complaint or information has been received from 
an employee of the Federal Government--
            ``(A) the Inspector General shall not disclose the identity 
        of the employee without the consent of the employee, unless the 
        Inspector General determines that such disclosure is 
        unavoidable during the course of the investigation or the 
        disclosure is made to an official of the Department of Justice 
        responsible for determining whether a prosecution should be 
        undertaken; and
            ``(B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint may be taken by any 
        employee in a position to take such actions, unless the 
        complaint was made or the information was disclosed with the 
        knowledge that it was false or with willful disregard for its 
        truth or falsity.
    ``(4) The Inspector General shall have authority to administer to 
or take from any person an oath, affirmation, or affidavit, whenever 
necessary in the performance of the duties of the Inspector General, 
which oath, affirmation, or affidavit when administered or taken by or 
before an employee of the Office of the Inspector General of the 
Intelligence Community designated by the Inspector General shall have 
the same force and effect as if administered or taken by or before an 
officer having a seal.
    ``(5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of all 
information, documents, reports, answers, records, accounts, papers, 
and other data and documentary evidence necessary in the performance of 
the duties and responsibilities of the Inspector General.
    ``(B) In the case of departments, agencies, and other elements of 
the United States Government, the Inspector General shall obtain 
information, documents, reports, answers, records, accounts, papers, 
and other data and evidence for the purpose specified in subparagraph 
(A) using procedures other than by subpoenas.
    ``(C) The Inspector General may not issue a subpoena for or on 
behalf of any other element of the intelligence community, including 
the Office of the Director of National Intelligence.
    ``(D) In the case of contumacy or refusal to obey a subpoena issued 
under this paragraph, the subpoena shall be enforceable by order of any 
appropriate district court of the United States.
    ``(g) Coordination Among Inspectors General of Intelligence 
Community.--(1)(A) In the event of a matter within the jurisdiction of 
the Inspector General of the Intelligence Community that may be subject 
to an investigation, inspection, or audit by both the Inspector General 
of the Intelligence Community and an Inspector General, whether 
statutory or administrative, with oversight responsibility for an 
element or elements of the intelligence community, the Inspector 
General of the Intelligence Community and such other Inspector or 
Inspectors General shall expeditiously resolve the question of which 
Inspector General shall conduct such investigation, inspection, or 
audit.
    ``(B) In attempting to resolve a question under subparagraph (A), 
the Inspectors General concerned may request the assistance of the 
Intelligence Community Inspectors General Forum established under 
subparagraph (C). In the event of a dispute between an Inspector 
General within a department of the United States Government and the 
Inspector General of the Intelligence Community that has not been 
resolved with the assistance of the Forum, the Inspectors General shall 
submit the question to the Director of National Intelligence and the 
head of the department for resolution.
    ``(C) There is established the Intelligence Community Inspectors 
General Forum which shall consist of all statutory or administrative 
Inspectors General with oversight responsibility for an element or 
elements of the intelligence community. The Inspector General of the 
Intelligence Community shall serve as the chair of the Forum. The Forum 
shall have no administrative authority over any Inspector General, but 
shall serve as a mechanism for informing its members of the work of 
individual members of the Forum that may be of common interest and 
discussing questions about jurisdiction or access to employees, 
employees of a contractor, records, audits, reviews, documents, 
recommendations, or other materials that may involve or be of 
assistance to more than one of its members.
    ``(2) The Inspector General conducting an investigation, 
inspection, or audit covered by paragraph (1) shall submit the results 
of such investigation, inspection, or audit to any other Inspector 
General, including the Inspector General of the Intelligence Community, 
with jurisdiction to conduct such investigation, inspection, or audit 
who did not conduct such investigation, inspection, or audit.
    ``(h) Staff and Other Support.--(1) The Inspector General of the 
Intelligence Community shall be provided with appropriate and adequate 
office space at central and field office locations, together with such 
equipment, office supplies, maintenance services, and communications 
facilities and services as may be necessary for the operation of such 
offices.
    ``(2)(A) Subject to applicable law and the policies of the Director 
of National Intelligence, the Inspector General shall select, appoint, 
and employ such officers and employees as may be necessary to carry out 
the functions of the Inspector General. The Inspector General shall 
ensure that any officer or employee so selected, appointed, or employed 
has security clearances appropriate for the assigned duties of such 
officer or employee.
    ``(B) In making selections under subparagraph (A), the Inspector 
General shall ensure that such officers and employees have the 
requisite training and experience to enable the Inspector General to 
carry out the duties of the Inspector General effectively.
    ``(C) In meeting the requirements of this paragraph, the Inspector 
General shall create within the Office of the Inspector General of the 
Intelligence Community a career cadre of sufficient size to provide 
appropriate continuity and objectivity needed for the effective 
performance of the duties of the Inspector General.
    ``(3)(A) Subject to the concurrence of the Director, the Inspector 
General may request such information or assistance as may be necessary 
for carrying out the duties and responsibilities of the Inspector 
General from any department, agency, or other element of the United 
States Government.
    ``(B) Upon request of the Inspector General for information or 
assistance under subparagraph (A), the head of the department, agency, 
or element concerned shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or regulation of 
the department, agency, or element, furnish to the Inspector General, 
or to an authorized designee, such information or assistance.
    ``(C) The Inspector General of the Intelligence Community may, upon 
reasonable notice to the head of any element of the intelligence 
community, conduct, as authorized by this section, an investigation, 
inspection, or audit of such element and may enter into any place 
occupied by such element for purposes of the performance of the duties 
of the Inspector General.
    ``(i) Reports.--(1)(A) The Inspector General of the Intelligence 
Community shall, not later than January 31 and July 31 of each year, 
prepare and submit to the Director of National Intelligence a 
classified, and, as appropriate, unclassified semiannual report 
summarizing the activities of the Office of the Inspector General of 
the Intelligence Community during the immediately preceding 6-month 
periods ending December 31 (of the preceding year) and June 30, 
respectively. The Inspector General of the Intelligence Community shall 
provide any portion of the report involving a component of a department 
of the United States Government to the head of that department 
simultaneously with submission of the report to the Director of 
National Intelligence.
    ``(B) Each report under this paragraph shall include, at a minimum, 
the following:
            ``(i) A list of the title or subject of each investigation, 
        inspection, or audit conducted during the period covered by 
        such report, including a summary of the progress of each 
        particular investigation, inspection, or audit since the 
        preceding report of the Inspector General under this paragraph.
            ``(ii) A description of significant problems, abuses, and 
        deficiencies relating to the administration and implementation 
        of programs and operations of the intelligence community, and 
        in the relationships between elements of the intelligence 
        community, identified by the Inspector General during the 
        period covered by such report.
            ``(iii) A description of the recommendations for corrective 
        or disciplinary action made by the Inspector General during the 
        period covered by such report with respect to significant 
        problems, abuses, or deficiencies identified in clause (ii).
            ``(iv) A statement whether or not corrective or 
        disciplinary action has been completed on each significant 
        recommendation described in previous semiannual reports, and, 
        in a case where corrective action has been completed, a 
        description of such corrective action.
            ``(v) A certification whether or not the Inspector General 
        has had full and direct access to all information relevant to 
        the performance of the functions of the Inspector General.
            ``(vi) A description of the exercise of the subpoena 
        authority under subsection (f)(5) by the Inspector General 
        during the period covered by such report.
            ``(vii) Such recommendations as the Inspector General 
        considers appropriate for legislation to promote economy, 
        efficiency, and effectiveness in the administration and 
        implementation of matters within the responsibility and 
        authority of the Director of National Intelligence, and to 
        detect and eliminate fraud and abuse in such matters.
    ``(C) Not later than the 30 days after the date of receipt of a 
report under subparagraph (A), the Director shall transmit the report 
to the congressional intelligence committees together with any comments 
the Director considers appropriate. The Director shall transmit to the 
committees of the Senate and of the House of Representatives with 
jurisdiction over a department of the United States Government any 
portion of the report involving a component of such department 
simultaneously with submission of the report to the congressional 
intelligence committees.
    ``(2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of particularly 
serious or flagrant problems, abuses, or deficiencies relating to 
matters within the responsibility and authority of the Director of 
National Intelligence.
    ``(B) The Director shall transmit to the congressional intelligence 
committees each report under subparagraph (A) within seven calendar 
days of receipt of such report, together with such comments as the 
Director considers appropriate. The Director shall transmit to the 
committees of the Senate and of the House of Representatives with 
jurisdiction over a department of the United States Government any 
portion of each report under subparagraph (A) that involves a problem, 
abuse, or deficiency related to a component of such department 
simultaneously with transmission of the report to the congressional 
intelligence committees.
    ``(3) In the event that--
            ``(A) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution of the 
        duties or responsibilities of the Inspector General;
            ``(B) an investigation, inspection, or audit carried out by 
        the Inspector General focuses on any current or former 
        intelligence community official who--
                    ``(i) holds or held a position in an element of the 
                intelligence community that is subject to appointment 
                by the President, whether or not by and with the advice 
                and consent of the Senate, including such a position 
                held on an acting basis;
                    ``(ii) holds or held a position in an element of 
                the intelligence community, including a position held 
                on an acting basis, that is appointed by the Director 
                of National Intelligence; or
                    ``(iii) holds or held a position as head of an 
                element of the intelligence community or a position 
                covered by subsection (b) or (c) of section 106;
            ``(C) a matter requires a report by the Inspector General 
        to the Department of Justice on possible criminal conduct by a 
        current or former official described in subparagraph (B);
            ``(D) the Inspector General receives notice from the 
        Department of Justice declining or approving prosecution of 
        possible criminal conduct of any current or former official 
        described in subparagraph (B); or
            ``(E) the Inspector General, after exhausting all possible 
        alternatives, is unable to obtain significant documentary 
        information in the course of an investigation, inspection, or 
        audit,
the Inspector General shall immediately notify and submit a report on 
such matter to the congressional intelligence committees.
    ``(4) Pursuant to title V, the Director shall submit to the 
congressional intelligence committees any report or findings and 
recommendations of an investigation, inspection, or audit conducted by 
the office which has been requested by the Chairman or Vice Chairman or 
Ranking Minority Member of either committee.
    ``(5)(A) An employee of an element of the intelligence community, 
an employee assigned or detailed to an element of the intelligence 
community, or an employee of a contractor to the intelligence community 
who intends to report to Congress a complaint or information with 
respect to an urgent concern may report such complaint or information 
to the Inspector General.
    ``(B) Not later than the end of the 14-calendar day period 
beginning on the date of receipt from an employee of a complaint or 
information under subparagraph (A), the Inspector General shall 
determine whether the complaint or information appears credible. Upon 
making such a determination, the Inspector General shall transmit to 
the Director a notice of that determination, together with the 
complaint or information.
    ``(C) Upon receipt of a transmittal from the Inspector General 
under subparagraph (B), the Director shall, within seven calendar days 
of such receipt, forward such transmittal to the congressional 
intelligence committees, together with any comments the Director 
considers appropriate.
    ``(D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or information to 
the Director in accurate form under subparagraph (B), the employee 
(subject to clause (ii)) may submit the complaint or information to 
Congress by contacting either or both of the congressional intelligence 
committees directly.
    ``(ii) An employee may contact the intelligence committees directly 
as described in clause (i) only if the employee--
            ``(I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of the 
        employee's complaint or information and notice of the 
        employee's intent to contact the congressional intelligence 
        committees directly; and
            ``(II) obtains and follows from the Director, through the 
        Inspector General, direction on how to contact the intelligence 
        committees in accordance with appropriate security practices.
    ``(iii) A member or employee of one of the congressional 
intelligence committees who receives a complaint or information under 
clause (i) does so in that member or employee's official capacity as a 
member or employee of such committee.
    ``(E) The Inspector General shall notify an employee who reports a 
complaint or information to the Inspector General under this paragraph 
of each action taken under this paragraph with respect to the complaint 
or information. Such notice shall be provided not later than 3 days 
after any such action is taken.
    ``(F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
    ``(G) In this paragraph, the term `urgent concern' means any of the 
following:
            ``(i) A serious or flagrant problem, abuse, violation of 
        law or Executive order, or deficiency relating to the funding, 
        administration, or operation of an intelligence activity 
        involving classified information, but does not include 
        differences of opinions concerning public policy matters.
            ``(ii) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation of an 
        intelligence activity.
            ``(iii) An action, including a personnel action described 
        in section 2302(a)(2)(A) of title 5, United States Code, 
        constituting reprisal or threat of reprisal prohibited under 
        subsection (f)(3)(B) of this section in response to an 
        employee's reporting an urgent concern in accordance with this 
        paragraph.
    ``(H) In support of this paragraph, Congress makes the findings set 
forth in paragraphs (1) through (6) of section 701(b) of the 
Intelligence Community Whistleblower Protection Act of 1998 (title VII 
of Public Law 105-272; 5 U.S.C. App. 8H note).
    ``(6) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall report to the Attorney General any 
information, allegation, or complaint received by the Inspector General 
relating to violations of Federal criminal law that involves a program 
or operation of an element of the intelligence community, or in the 
relationships between the elements of the intelligence community, 
consistent with such guidelines as may be issued by the Attorney 
General pursuant to subsection (b)(2) of such section. A copy of each 
such report shall be furnished to the Director.
    ``(j) Separate Budget Account.--The Director of National 
Intelligence shall, in accordance with procedures to be issued by the 
Director in consultation with the congressional intelligence 
committees, include in the National Intelligence Program budget a 
separate account for the Office of Inspector General of the 
Intelligence Community.
    ``(k) Construction of Duties Regarding Elements of Intelligence 
Community.--Except as resolved pursuant to subsection (g), the 
performance by the Inspector General of the Intelligence Community of 
any duty, responsibility, or function regarding an element of the 
intelligence community shall not be construed to modify or effect the 
duties and responsibilities of any other Inspector General, whether 
statutory or administrative, having duties and responsibilities 
relating to such element.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of the National Security Act of 1947, as amended by 
        section 409 of this Act, is further amended by inserting after 
        the item relating to section 103H the following new item:

``Sec. 103I. Inspector General of the Intelligence Community.''.
    (b) Repeal of Superseded Authority To Establish Position.--Section 
8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.
    (c) Executive Schedule Level IV.--Section 5314 of title 5, United 
States Code, is amended by adding at the end the following new item:
            ``Inspector General of the Intelligence Community.''.

SEC. 411. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.

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

SEC. 412. NATIONAL SPACE INTELLIGENCE OFFICE.

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

                  ``national space intelligence office

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

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

SEC. 413. OPERATIONAL FILES IN 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) Records From Exempted Operational Files.--(1) Any 
record disseminated or otherwise provided to an element of the Office 
of the Director of National Intelligence from the exempted operational 
files of elements of the intelligence community designated in 
accordance with this title, and any operational files created by the 
Office of the Director of National Intelligence that incorporate such 
record in accordance with subparagraph (A)(ii), shall be exempted from 
the provisions of section 552 of title 5, United States Code that 
require search, review, publication or disclosure in connection 
therewith, in any instance in which--
            ``(A)(i) such record is shared within the Office of the 
        Director of National Intelligence and not disseminated by that 
        Office beyond that Office; or
            ``(ii) such record is incorporated into new records created 
        by personnel of the Office of the Director of National 
        Intelligence and maintained in operational files of the Office 
        of the Director of National Intelligence and such record is not 
        disseminated by that Office beyond that Office; and
            ``(B) the operational files from which such record has been 
        obtained continue to remain designated as operational files 
        exempted from section 552 of title 5, United States Code.
    ``(2) The operational files of the Office of the Director of 
National Intelligence referred to in paragraph (1)(A)(ii) shall be 
similar in nature to the originating operational files from which the 
record was disseminated or provided, as such files are defined in this 
title.
    ``(3) Records disseminated or otherwise provided to the Office of 
the Director of National Intelligence from other elements of the 
intelligence community that are not protected by paragraph (1), and 
that are authorized to be disseminated beyond the Office of the 
Director of National Intelligence, shall remain subject to search and 
review under section 552 of title 5, United States Code, but may 
continue to be exempted from the publication and disclosure provisions 
of that section by the originating agency to the extent that such 
section permits.
    ``(4) Notwithstanding any other provision of this title, records in 
the exempted operational files of the Central Intelligence Agency, the 
National Geospatial-Intelligence Agency, the National Reconnaissance 
Office, the National Security Agency, or the Defense Intelligence 
Agency shall not be subject to the search and review provisions of 
section 552 of title 5, United States Code, solely because they have 
been disseminated to an element or elements of the Office of the 
Director of National Intelligence, or referenced in operational files 
of the Office of the Director of National Intelligence and that are not 
disseminated beyond the Office of the Director of National 
Intelligence.
    ``(5) Notwithstanding any other provision of this title, the 
incorporation of records from the operational files of the Central 
Intelligence Agency, the National Geospatial-Intelligence Agency, the 
National Reconnaissance Office, the National Security Agency, or the 
Defense Intelligence Agency, into operational files of the Office of 
the Director of National Intelligence shall not subject that record or 
the operational files of the Central Intelligence Agency, the National 
Geospatial-Intelligence Agency, the National Reconnaissance Office, the 
National Security Agency or the Defense Intelligence Agency to the 
search and review provisions of section 552 of title 5, United States 
Code.
    ``(b) Other Records.--(1) Files in the Office of the Director of 
National Intelligence that are not exempted under subsection (a) of 
this section which contain information derived or disseminated from 
exempted operational files shall be subject to search and review under 
section 552 of title 5, United States Code.
    ``(2) The inclusion of information from exempted operational files 
in files of the Office of the Director of National Intelligence that 
are not exempted under subsection (a) shall not affect the exemption of 
the originating operational files from search, review, publication, or 
disclosure.
    ``(3) Records from exempted operational files of the Office of the 
Director of National Intelligence which have been disseminated to and 
referenced in files that are not exempted under subsection (a), and 
which have been returned to exempted operational files of the Office of 
the Director of National Intelligence for sole retention, shall be 
subject to search and review.
    ``(c) Search and Review for Certain Purposes.--Notwithstanding 
subsection (a), exempted operational files shall continue to be subject 
to search and review for information concerning any of the following:
            ``(1) United States citizens or aliens lawfully admitted 
        for permanent residence who have requested information on 
        themselves pursuant to the provisions of section 552 or 552a of 
        title 5, United States Code.
            ``(2) Any special activity the existence of which is not 
        exempt from disclosure under the provisions of section 552 of 
        title 5, United States Code.
            ``(3) The specific subject matter of an investigation by 
        any of the following for any impropriety, or violation of law, 
        Executive order, or Presidential directive, in the conduct of 
        an intelligence activity:
                    ``(A) The Select Committee on Intelligence of the 
                Senate.
                    ``(B) The Permanent Select Committee on 
                Intelligence of the House of Representatives.
                    ``(C) The Intelligence Oversight Board.
                    ``(D) The Department of Justice.
                    ``(E) The Office of the Director of National 
                Intelligence.
                    ``(F) The Office of the Inspector General of the 
                Intelligence Community.
    ``(d) Decennial Review of Exempted Operational Files.--(1) Not less 
than once every 10 years, the Director of National Intelligence shall 
review the operational files exempted under subsection (a) to determine 
whether such files, or any portion of such files, may be removed from 
the category of exempted files.
    ``(2) The review required by paragraph (1) shall include 
consideration of the historical value or other public interest in the 
subject matter of the particular category of files or portions thereof 
and the potential for declassifying a significant part of the 
information contained therein.
    ``(3) A complainant that alleges that 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 2008 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) Applicability.--The Director of National Intelligence will 
publish a regulation listing the specific elements within the Office of 
the Director of National Intelligence whose records can be exempted 
from search and review under this section.
    ``(g) Allegation; Improper Withholding of Records; Judicial 
Review.--(1) Except as provided in paragraph (2), whenever any person 
who has requested agency records under section 552 of title 5, United 
States Code, alleges that the Office of the Director of National 
Intelligence 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 of the Director of National Intelligence, 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) When a complainant alleges that requested records are 
        improperly withheld because of improper placement solely in 
        exempted operational files, the complainant shall support such 
        allegation with a sworn written submission based upon personal 
        knowledge or otherwise admissible evidence.
            ``(D)(i) When a complainant alleges that requested records 
        were improperly withheld because of improper exemption of 
        operational files, the Office of the Director of National 
        Intelligence shall meet its burden under section 552(a)(4)(B) 
        of title 5, United States Code, by demonstrating to the court 
        by sworn written submission that exempted operational files 
        likely to contain responsive records currently meet the 
        criteria set forth in subsection.
            ``(ii) The court may not order the Office of the Director 
        of National Intelligence to review the content of any exempted 
        operational file or files in order to make the demonstration 
        required under clause (i), unless the complainant disputes the 
        Office's showing with a sworn written submission based on 
        personal knowledge or otherwise admissible evidence.
            ``(E) In proceedings under subparagraphs (C) and (D), the 
        parties 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.
            ``(F) If the court finds under this subsection that the 
        Office of the Director of National Intelligence has improperly 
        withheld requested records because of failure to comply with 
        any provision of this section, the court shall order the Office 
        to search and review the appropriate exempted operational file 
        or files for the requested records and make such records, or 
        portions thereof, available in accordance with the provisions 
        of section 552 of title 5, United States Code, and such order 
        shall be the exclusive remedy for failure to comply with this 
        section.
            ``(G) If at any time following the filing of a complaint 
        pursuant to this paragraph the Office of the Director of 
        National Intelligence agrees to search the appropriate exempted 
        operational file or files for the requested records, the court 
        shall dismiss the claim based upon such complaint.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the National Security Act of 1947 is amended by inserting after the 
item relating to section 705 the following new item:

``Sec. 706. Operational files in the Office of the Director of National 
                            Intelligence.''.

SEC. 414. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF THE 
              NATIONAL COUNTER-INTELLIGENCE EXECUTIVE.

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

SEC. 415. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY 
              COMMITTEES OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
              INTELLIGENCE.

    Section 4(b) of the Federal Advisory Committee Act (5 U.S.C. App.) 
is amended--
            (1) in paragraph (1), by striking ``or'';
            (2) in paragraph (2), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the Office of the Director of National 
        Intelligence.''.

SEC. 416. 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. 417. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF NATIONAL 
              INTELLIGENCE AND THE OFFICE OF THE DIRECTOR OF NATIONAL 
              INTELLIGENCE.

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

                Subtitle B--Central Intelligence Agency

SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE 
              AGENCY.

    (a) Establishment of Position of Deputy Director of Central 
Intelligence Agency.--Subsection (a) of section 104A of the National 
Security Act of 1947 (50 U.S.C. 403-4a) is amended--
            (1) by redesignating subsections (b), (c), (d), (e), (f), 
        and (g) as subsections (d), (e), (f), (g), (h), and (i) 
        respectively; and
            (2) by inserting after subsection (a) the following new 
        subsections (b) and (c):
    ``(b) Deputy Director of Central Intelligence Agency.--(1) There is 
a Deputy Director of the Central Intelligence Agency who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(2) The Deputy Director of the Central Intelligence Agency shall 
assist the Director of the Central Intelligence Agency in carrying out 
the duties and responsibilities of the Director.
    ``(3) The Deputy Director of the Central Intelligence Agency shall 
act for, and exercise the powers of, the Director of the Central 
Intelligence Agency during the absence or disability of the Director of 
the Central Intelligence Agency or during a vacancy in the position of 
Director of the Central Intelligence Agency.
    ``(c) Military Status of Director of the Central Intelligence 
Agency and Deputy Director of Central Intelligence Agency.--(1) Not 
more than one of the individuals serving in the positions specified in 
subsection (a) and (b) may be a commissioned officer of the Armed 
Forces in active status.
    ``(2) A commissioned officer of the Armed Forces who is serving as 
the Director or Deputy Director of the Central Intelligence Agency or 
is engaged in administrative performance of the duties of Director or 
Deputy Director of the Central Intelligence Agency shall not, while 
continuing in such service, or in the administrative performance of 
such duties--
            ``(A) be subject to supervision or control by the Secretary 
        of Defense or by any officer or employee of the Department of 
        Defense; or
            ``(B) exercise, by reason of the officer's status as a 
        commissioned officer, any supervision or control with respect 
        to any of the military or civilian personnel of the Department 
        of Defense except as otherwise authorized by law.
    ``(3) Except as provided in subparagraph (A) or (B) of paragraph 
(2), the service, or the administrative performance of duties, 
described in that paragraph by an officer described in that paragraph 
shall not affect the status, position, rank, or grade of such officer 
in the Armed Forces, or any emolument, perquisite, right, privilege, or 
benefit incident to or arising out of such status, position, rank, or 
grade.
    ``(4) A commissioned officer described in paragraph (2), while 
serving, or continuing in the administrative performance of duties, as 
described in that paragraph and while remaining on active duty, shall 
continue to receive military pay and allowances. Funds from which such 
pay and allowances are paid shall be reimbursed from funds available to 
the Director of the Central Intelligence Agency.''.
    (b) Conforming Amendment.--Paragraph (2) of subsection (e) of such 
section, as redesignated by subsection (a)(1) of this section, is 
further amended by striking ``subsection (d)'' and inserting 
``subsection (f)''.
    (c) Executive Schedule Level III.--Section 5314 of title 5, United 
States Code, is amended by adding at the end the following new item:
            ``Deputy Director of the Central Intelligence Agency.''.
    (d) Role of DNI in Appointment.--Section 106(b)(2) of the National 
Security Act of 1947 (50 U.S.C. 403-6(b)(2)) is amended by adding at 
the end the following new subparagraph:
            ``(J) The Deputy Director of the Central Intelligence 
        Agency.''.
    (e) Effective Date and Applicability.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
shall apply upon the earlier of--
            (1) the date of the nomination by the President of an 
        individual to serve as Deputy Director of the Central 
        Intelligence Agency, except that the individual 
        administratively performing the duties of the Deputy Director 
        of the Central Intelligence Agency as of the date of the 
        enactment of this Act may continue to perform such duties after 
        such date of nomination and until the individual appointed to 
        the position of Deputy Director of the Central Intelligence 
        Agency, by and with the advice and consent of the Senate, 
        assumes the duties of such position; or
            (2) the date of the cessation of the performance of the 
        duties of Deputy Director of the Central Intelligence Agency by 
        the individual administratively performing such duties as of 
        the date of the enactment of this Act.

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

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

SEC. 423. 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 inserting ``(A)'' after ``(4)'';
            (2) in subparagraph (A), as so designated--
                    (A) by striking ``and the protection'' and 
                inserting ``the protection''; and
                    (B) by striking the semicolon and inserting ``, 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; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(B) Authorize personnel engaged in the performance of 
        protective functions authorized pursuant to subparagraph (A), 
        when engaged in the performance of such functions, to make 
        arrests without warrant for any offense against the United 
        States committed in the presence of such personnel, or for any 
        felony cognizable under the laws of the United States, if such 
        personnel have reasonable grounds to believe that the person to 
        be arrested has committed or is committing such felony, except 
        that any authority pursuant to this subparagraph may be 
        exercised only in accordance with guidelines approved by the 
        Director and the Attorney General and such personnel may not 
        exercise any authority for the service of civil process or for 
        the investigation of criminal offenses;''.

SEC. 424. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN CENTRAL 
              INTELLIGENCE AGENCY POSITIONS.

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

SEC. 425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON RETIREMENT 
              BENEFITS FOR FORMER EMPLOYEES OF AIR AMERICA.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to Congress a report on the advisability of providing Federal 
retirement benefits to United States citizens for the service of such 
individuals before 1977 as employees of Air America or an associated 
company while such company was owned or controlled by the United States 
Government and operated or managed by the Central Intelligence Agency.
    (b) Report Elements.--(1) The report required by subsection (a) 
shall include the following:
            (A) The history of Air America and associated companies 
        before 1977, including a description of--
                    (i) the relationship between such companies and the 
                Central Intelligence Agency and other elements of the 
                United States Government;
                    (ii) the workforce of such companies;
                    (iii) the missions performed by such companies and 
                their employees for the United States; and
                    (iv) the casualties suffered by employees of such 
                companies in the course of their employment with such 
                companies.
            (B) A description of the retirement benefits contracted for 
        or promised to the employees of such companies before 1977, the 
        contributions made by such employees for such benefits, the 
        retirement benefits actually paid such employees, the 
        entitlement of such employees to the payment of future 
        retirement benefits, and the likelihood that former employees 
        of such companies will receive any future retirement benefits.
            (C) An assessment of the difference between--
                    (i) the retirement benefits that former employees 
                of such companies have received or will receive by 
                virtue of their employment with such companies; and
                    (ii) the retirement benefits that such employees 
                would have received and in the future receive if such 
                employees had been, or would now be, treated as 
                employees of the United States whose services while in 
                the employ of such companies had been or would now be 
                credited as Federal service for the purpose of Federal 
                retirement benefits.
            (D) Any recommendations regarding the advisability of 
        legislative action to treat employment at such companies as 
        Federal service for the purpose of Federal retirement benefits 
        in light of the relationship between such companies and the 
        United States Government and the services and sacrifices of 
        such employees to and for the United States, and if legislative 
        action is considered advisable, a proposal for such action and 
        an assessment of its costs.
    (2) The Director of National Intelligence shall include in the 
report any views of the Director of the Central Intelligence Agency on 
the matters covered by the report that the Director of the Central 
Intelligence Agency considers appropriate.
    (c) Assistance of Comptroller General.--The Comptroller General of 
the United States shall, upon the request of the Director of National 
Intelligence and in a manner consistent with the protection of 
classified information, assist the Director in the preparation of the 
report required by subsection (a).
    (d) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (e) Definitions.--In this section:
            (1) The term ``Air America'' means Air America, 
        Incorporated.
            (2) The term ``associated company'' means any company 
        associated with or subsidiary to Air America, including Air 
        Asia Company Limited and the Pacific Division of Southern Air 
        Transport, Incorporated.

              Subtitle C--Defense Intelligence Components

SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING PROGRAM.

    (a) Termination of Employees.--Subsection (d)(1)(C) of section 16 
of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by striking ``terminated either by'' and all that follows and 
inserting ``terminated--
                    ``(i) by the Agency due to misconduct by the 
                employee;
                    ``(ii) by the employee voluntarily; or
                    ``(iii) by the Agency for the failure of the 
                employee 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 employee under this subsection; 
                and''.
    (b) Authority To Withhold Disclosure of Affiliation With NSA.--
Subsection (e) of such section is amended by striking ``(1) When an 
employee'' and all that follows through ``(2) Agency efforts'' and 
inserting ``Agency efforts''.

SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY AGENCY 
              PROTECTIVE PERSONNEL.

    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by adding at the end the following new section:
    ``Sec. 21. (a) The Director is authorized to designate personnel of 
the Agency to perform protective functions for the Director and for any 
personnel of the Agency designated by the Director.
    ``(b)(1) In the performance of protective functions under this 
section, personnel of the Agency designated to perform protective 
functions pursuant to subsection (a) are authorized, when engaged in 
the performance of such functions, to make arrests without a warrant 
for--
            ``(A) any offense against the United States committed in 
        the presence of such personnel; or
            ``(B) any felony cognizable under the laws of the United 
        States if such personnel have reasonable grounds to believe 
        that the person to be arrested has committed or is committing 
        such felony.
    ``(2) The authority in paragraph (1) may be exercised only in 
accordance with guidelines approved by the Director and the Attorney 
General.
    ``(3) Personnel of the Agency designated to perform protective 
functions pursuant to subsection (a) shall not exercise any authority 
for the service of civil process or the investigation of criminal 
offenses.
    ``(c) Nothing in this section shall be construed to impair or 
otherwise affect any authority under any other provision of law 
relating to the performance of protective functions.''.

SEC. 433. INSPECTOR GENERAL MATTERS.

    (a) Coverage Under Inspector General Act of 1978.--Subsection 
(a)(2) of section 8G of the Inspector General Act of 1978 (5 U.S.C. 
App. 8G) is amended--
            (1) by inserting ``the Defense Intelligence Agency,'' after 
        ``the Corporation for Public Broadcasting,'';
            (2) by inserting ``the National Geospatial-Intelligence 
        Agency,'' after ``the National Endowment for the Arts,''; and
            (3) by inserting ``the National Reconnaissance Office, the 
        National Security Agency,'' after ``the National Labor 
        Relations Board,''.
    (b) Certain Designations Under Inspector General Act of 1978.--
Subsection (a) of section 8H of the Inspector General Act of 1978 (5 
U.S.C. App. 8H) is amended by adding at the end the following new 
paragraph:
    ``(3) The Inspectors General of the Defense Intelligence Agency, 
the National 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 that Act--
            (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 Director of National Intelligence or the Secretary of 
Defense 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 Director 
or the Secretary, as the case may be, determines that the prohibition 
is necessary to protect vital national security interests of the United 
States.
    ``(B) If the Director or the Secretary exercises the authority 
under subparagraph (A), the Director or the Secretary, as the case may 
be, shall submit to the committees of Congress specified in 
subparagraph (E) an appropriately classified statement of the reasons 
for the exercise of the authority not later than seven days after the 
exercise of the authority.
    ``(C) At the same time the Director or 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 Director or the Secretary, as the case may be, 
shall notify the Inspector General of such element of the submittal of 
such statement and, to the extent consistent with the protection of 
intelligence sources and methods, provide the Inspector General with a 
copy of such statement. The Inspector General may submit to such 
committees of Congress any comments on a notice or statement received 
by the Inspector General under this subparagraph that the Inspector 
General considers appropriate.
    ``(D) The elements of the intelligence community specified in this 
subparagraph are as follows:
            ``(i) The Defense Intelligence Agency.
            ``(ii) The National Geospatial-Intelligence Agency.
            ``(iii) The National Reconnaissance Office.
            ``(iv) The National Security Agency.
    ``(E) The committees of Congress specified in this subparagraph 
are--
            ``(i) the Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate; and
            ``(ii) the Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.''.

SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN COMPONENTS OF 
              THE INTELLIGENCE COMMUNITY.

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

SEC. 435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF NATIONAL 
              GEOSPATIAL-INTELLIGENCE AGENCY FOR ANALYSIS AND 
              DISSEMINATION OF CERTAIN INTELLIGENCE INFORMATION.

    Section 442(a) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2)(A) As directed by the Director of National Intelligence, the 
National Geospatial-Intelligence Agency shall also develop a system to 
facilitate the analysis, dissemination, and incorporation of 
likenesses, videos, and presentations produced by ground-based 
platforms, including handheld or clandestine photography taken by or on 
behalf of human intelligence collection organizations or available as 
open-source information, into the National System for Geospatial 
Intelligence.
    ``(B) The authority provided by this paragraph does not include the 
authority to manage or direct the tasking of, set requirements and 
priorities for, set technical requirements related to, or modify any 
classification or dissemination limitations related to the collection 
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. 436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-INTELLIGENCE 
              AGENCY.

    The Secretary of Defense shall, during the period beginning on the 
date of the enactment of this Act and ending on December 31, 2008, 
delegate to the Director of the National Geospatial-Intelligence Agency 
personnel security authority with respect to the National Geospatial-
Intelligence Agency (including authority relating to the use of 
contractor personnel in investigations and adjudications for security 
clearances) that is identical to the personnel security authority of 
the Director of the National Security Agency with respect to the 
National Security Agency.

                       Subtitle D--Other Elements

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

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

SEC. 442. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE 
              INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004.

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

                         TITLE V--OTHER MATTERS

SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.

    The National Security Act of 1947 (50 U.S.C. 401 et seq.) is 
amended as follows:
            (1) In section 102A (50 U.S.C. 403-1)--
                    (A) in subsection (c)(7)(A), by striking 
                ``section'' and inserting ``subsection'';
                    (B) in subsection (d)--
                            (i) in paragraph (3), by striking 
                        ``subparagraph (A)'' in the matter preceding 
                        subparagraph (A) and inserting ``paragraph 
                        (1)(A)'';
                            (ii) in paragraph (5)(A), by striking ``or 
                        personnel'' in the matter preceding clause (i); 
                        and
                            (iii) in paragraph (5)(B), by striking ``or 
                        agency involved'' in the second sentence and 
                        inserting ``involved or the Director of the 
                        Central Intelligence Agency (in the case of the 
                        Central Intelligence Agency)'';
                    (C) in subsection (l)(2)(B), by striking 
                ``section'' and inserting ``paragraph''; and
                    (D) in subsection (n), by inserting ``and Other'' 
                after ``Acquisition''.
            (2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
        striking ``subsection (h)'' and inserting ``subsection (i)''.
            (3) In section 705(e)(2)(D)(i) (50 U.S.C. 
        432c(e)(2)(D)(i)), by striking ``responsible'' and inserting 
        ``responsive''.

SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT 
              MILITARY INTELLIGENCE PROGRAM AND TACTICAL INTELLIGENCE 
              AND RELATED ACTIVITIES.

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

SEC. 503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM 
              PREVENTION ACT OF 2004.

    (a) Amendments to National Security Intelligence Reform Act of 
2004.--The National Security Intelligence Reform Act of 2004 (title I 
of Public Law 108-458) is further amended as follows:
            (1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by 
        striking ``Attorney General'' the second place it appears and 
        inserting ``Department of Justice''.
            (2) In section 1061 (5 U.S.C. 601 note)--
                    (A) in subsection (d)(4)(A), by striking ``National 
                Intelligence Director'' and inserting ``Director of 
                National Intelligence''; and
                    (B) in subsection (h), by striking ``National 
                Intelligence Director'' and inserting ``Director of 
                National Intelligence''.
            (3) In section 1071(e), by striking ``(1)''.
            (4) In section 1072(b), by inserting ``Agency'' after 
        ``Intelligence''.
    (b) Other Amendments to Intelligence Reform and Terrorism 
Prevention Act of 2004.--The Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) is amended as follows:
            (1) In section 2001 (28 U.S.C. 532 note)--
                    (A) in subsection (c)(1), by inserting ``of'' 
                before ``an institutional culture'';
                    (B) in subsection (e)(2), by striking ``the 
                National Intelligence Director in a manner consistent 
                with section 112(e)'' and inserting ``the Director of 
                National Intelligence in a manner consistent with 
                applicable law''; and
                    (C) in subsection (f), by striking ``shall,'' in 
                the matter preceding paragraph (1) and inserting 
                ``shall''.
            (2) In section 2006 (28 U.S.C. 509 note)--
                    (A) in paragraph (2), by striking ``the Federal'' 
                and inserting ``Federal''; and
                    (B) in paragraph (3), by striking ``the specific'' 
                and inserting ``specific''.

SEC. 504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING 
              FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM 
              PREVENTION ACT OF 2004.

    (a) References to Head of Intelligence Community.--Title 10, United 
States Code, is amended by striking ``Director of Central 
Intelligence'' each place it appears in a provision as follows and 
inserting ``Director of National Intelligence'':
            (1) Section 193(d)(2).
            (2) Section 193(e).
            (3) Section 201(a).
            (4) Section 201(b)(1).
            (5) Section 201(c)(1).
            (6) Section 425(a).
            (7) Section 431(b)(1).
            (8) Section 441(c).
            (9) Section 441(d).
            (10) Section 443(d).
            (11) Section 2273(b)(1).
            (12) Section 2723(a).
    (b) Clerical Amendments.--Such title is further amended by striking 
``Director of Central Intelligence'' each place it appears in a 
provision as follows and inserting ``Director of National 
Intelligence'':
            (1) Section 441(c).
            (2) Section 443(d).
    (c) Reference to Head of Central Intelligence Agency.--Section 444 
of such title is amended by striking ``Director of Central 
Intelligence'' each place it appears and inserting ``Director of the 
Central Intelligence Agency''.

SEC. 505. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE AGENCY ACT OF 
              1949.

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

SEC. 506. 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 subsection caption, by striking ``Foreign''; and
            (2) by striking ``foreign'' each place it appears.
    (b) Responsibility of DNI.--That section is further amended--
            (1) in subsections (a) and (c), by striking ``Director of 
        Central Intelligence'' and inserting ``Director of National 
        Intelligence''; and
            (2) in subsection (b), by inserting ``of National 
        Intelligence'' after ``Director''.
    (c) Conforming Amendment.--The heading of that section is amended 
to read as follows:

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

SEC. 507. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

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

SEC. 508. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF THE 
              NATIONAL IMAGERY AND MAPPING AGENCY AS THE NATIONAL 
              GEOSPATIAL-INTELLIGENCE AGENCY.

    (a) Title 5, United States Code.--(1) Title 5, United States Code, 
is amended by striking ``National Imagery and Mapping Agency'' each 
place it appears in a provision as follows and inserting ``National 
Geospatial-Intelligence Agency'':
            (A) Section 2302(a)(2)(C)(ii).
            (B) Section 3132(a)(1)(B).
            (C) Section 4301(1) (in clause (ii)).
            (D) Section 4701(a)(1)(B).
            (E) Section 5102(a)(1) (in clause (x)).
            (F) Section 5342(a)(1) (in clause (K)).
            (G) Section 6339(a)(1)(E).
            (H) Section 7323(b)(2)(B)(i)((XIII).
    (2) Section 6339(a)(2)(E) of such title is amended by striking 
``National Imagery and Mapping Agency, the Director of the National 
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency''.
    (b) Title 44, United States Code.--(1)(A) Section 1336 of title 44, 
United States Code, is amended by striking ``National Imagery and 
Mapping Agency'' both places it appears and inserting ``National 
Geospatial-Intelligence Agency''.
    (B) The heading of such section is amended to read as follows:
``Sec. 1336. National Geospatial-Intelligence Agency: special 
              publications''.
    (2) The table of sections at the beginning of chapter 13 of such 
title is amended by striking the item relating to section 1336 and 
inserting the following new item:

``1336. National Geospatial-Intelligence Agency: special 
                            publications.''.
    (c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of the 
Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended by 
striking ``National Imagery and Mapping Agency'' and inserting 
``National Geospatial-Intelligence Agency''.
    (d) Inspector General Act of 1978.--Section 8H of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended by striking ``National 
Imagery and Mapping Agency'' each place it appears and inserting 
``National Geospatial-Intelligence Agency''.
    (e) Ethics in Government Act of 1978.--Section 105(a)(1) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking 
``National Imagery and Mapping Agency'' and inserting ``National 
Geospatial-Intelligence Agency''.
    (f) Other Acts.--
            (1) Section 7(b)(2)(A)(i) of the Employee Polygraph 
        Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended 
        by striking ``National Imagery and Mapping Agency'' and 
        inserting ``National Geospatial-Intelligence Agency''.
            (2) Section 207(a)(2)(B) of the Legislative Branch 
        Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by 
        striking ``National Imagery and Mapping Agency'' and inserting 
        ``National Geospatial-Intelligence Agency''.

SEC. 509. OTHER TECHNICAL AMENDMENTS RELATING TO RESPONSIBILITY OF THE 
              DIRECTOR OF NATIONAL INTELLIGENCE AS HEAD OF THE 
              INTELLIGENCE COMMUNITY.

    (a) In General.--
            (1) The Public Interest Declassification Act of 2000 (50 
        U.S.C. 435 note) is amended by striking ``Director of Central 
        Intelligence'' each place it appears in a provision as follows 
        and inserting ``Director of National Intelligence'':
                    (A) Section 704(c)(2)(B).
                    (B) Section 706(b)(2).
                    (C) Section 706(e)(2)(B).
            (2) Section 705(c) of such Act is amended by striking ``the 
        Director of Central Intelligence, as head of the intelligence 
        community,'' and inserting ``the Director of National 
        Intelligence''.
    (b) Conforming Amendment.--The heading of section 705(c) of such 
Act is amended by striking ``Director of Central Intelligence'' and 
inserting ``Director of National Intelligence''.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                               H. R. 2082

_______________________________________________________________________

                               AMENDMENT
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