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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1494 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 120
111th CONGRESS
  1st Session
                                S. 1494

                          [Report No. 111-55]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2009

Mrs. Feinstein, from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Restriction on conduct of intelligence activities.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of 
                            the Central Intelligence Agency Retirement 
                            Act.
           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                     Subtitle A--Personnel Matters

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

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

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

Sec. 331. General congressional oversight.
Sec. 332. Improvement of notification of Congress regarding 
                            intelligence activities of the United 
                            States.
Sec. 333. Requirement to provide legal authority for intelligence 
                            activities.
Sec. 334. Additional limitation on availability of funds for 
                            intelligence and intelligence-related 
                            activities.
Sec. 335. Audits of intelligence community by Government Accountability 
                            Office.
Sec. 336. Report on compliance with laws, international obligations, 
                            and Executive orders on the detention and 
                            interrogation activities of the 
                            intelligence community.
Sec. 337. Reports on national security threat posed by Guantanamo Bay 
                            detainees.
Sec. 338. Report on retirement benefits for former employees of Air 
                            America.
Sec. 339. Report and strategic plan on biological weapons.
Sec. 340. Cybersecurity oversight.
Sec. 341. Sense of the Senate on a subcommittee related to intelligence 
                            appropriations.
Sec. 342. Repeal or modification of certain reporting requirements.
                       Subtitle E--Other Matters

Sec. 351. Extension of authority to delete information about receipt 
                            and disposition of foreign gifts and 
                            decorations.
Sec. 352. Exemption of dissemination of terrorist identity information 
                            from Freedom of Information Act.
Sec. 353. Modification of availability of funds for different 
                            intelligence activities.
Sec. 354. Limitation on reprogrammings and transfers of funds.
Sec. 355. Protection of certain national security information.
Sec. 356. National Intelligence Program budget request.
Sec. 357. Improving the review authority of the Public Interest 
                            Declassification Board.
Sec. 358. Authority to designate undercover operations to collect 
                            foreign intelligence or 
                            counterintelligence.
Sec. 359. Correcting long-standing material weaknesses.
  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

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

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

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

Sec. 441. Codification of additional elements of the intelligence 
                            community.
Sec. 442. Authorization of appropriations for Coast Guard National 
                            Tactical Integration Office.
Sec. 443. Retention and relocation bonuses for the Federal Bureau of 
                            Investigation.
Sec. 444. Extending the authority of the Federal Bureau of 
                            Investigation to waive mandatory retirement 
                            provisions.
Sec. 445. Report and assessments on transformation of the intelligence 
                            capabilities of the Federal Bureau of 
                            Investigation.
 TITLE V--REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE 
                             PROGRAM OFFICE

Sec. 501. Reorganization of the Diplomatic Telecommunications Service 
                            Program Office.
     TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT

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

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

SEC. 2. DEFINITIONS.

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

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
103, the authorized personnel levels (expressed as full-time equivalent 
positions) as of September 30, 2010, for the conduct of the 
intelligence activities of the elements listed in paragraphs (1) 
through (16) of section 101, are those specified in the classified 
Schedule of Authorizations prepared to accompany the conference report 
on the bill __ of the One Hundred Eleventh Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
classified Schedule of Authorizations referred to in subsection (a) 
shall be made available to the Committee on Appropriations of the 
Senate, the Committee on Appropriations of the House of 
Representatives, and to the President. The President shall provide for 
suitable distribution of the Schedule, or of appropriate portions of 
the Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Increases.--The Director of National Intelligence 
may authorize the employment of civilian personnel in excess of the 
number of full-time equivalent positions for fiscal year 2010 
authorized by the classified Schedule of Authorizations referred to in 
section 102(a) if the Director of National Intelligence determines that 
such action is necessary to the performance of important intelligence 
functions, except that the number of personnel employed in excess of 
the number authorized under such section may not, for any element of 
the intelligence community, exceed 5 percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Authority for Conversion of Activities Performed by Contract 
Personnel.--
            (1) In general.--In addition to the authority in subsection 
        (a) and subject to paragraph (2), if the head of an element of 
        the intelligence community makes a determination that 
        activities currently being performed by contract personnel 
        should be performed by employees of such element, the Director 
        of National Intelligence, in order to reduce a comparable 
        number of contract personnel, may authorize for that purpose 
        employment of additional full-time equivalent personnel in such 
        element equal to the number of full-time equivalent contract 
        personnel performing such activities.
            (2) Concurrence and approval.--The authority described in 
        paragraph (1) may not be exercised unless the Director of 
        National Intelligence concurs with the determination described 
        in such paragraph.
    (c) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 102(a), including any exemption from such 
personnel levels, of employment or assignment in--
            (1) a student program, trainee program, or similar program;
            (2) a reserve corps or as a reemployed annuitant; or
            (3) details, joint duty, or long term, full-time training.
    (d) Notice to Congressional Intelligence Committees.--The Director 
of National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to the initial exercise of 
an authority described in subsection (a) or (b).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2010 the sum of 
$786,812,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2011.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 792 full-time equivalent personnel as of 
September 30, 2010. Personnel serving in such elements may be permanent 
employees of the Office of the Director of National Intelligence or 
personnel detailed from other elements of the United States Government.
    (c) Construction of Authorities.--The authorities available to the 
Director of National Intelligence under section 103 are also available 
to the Director for the adjustment of personnel levels within the 
Intelligence Community Management Account.
    (d) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are 
        authorized to be appropriated for the Community Management 
        Account for fiscal year 2010 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for advanced 
        research and development shall remain available until September 
        30, 2011.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2010, there are authorized such additional full-time equivalent 
        personnel for the Community Management Account as of that date 
        as are specified in the classified Schedule of Authorizations 
        referred to in section 102(a).

SEC. 105. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                     Subtitle A--Personnel Matters

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

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

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

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

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

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

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

    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 303, is further amended by adding at the end 
the following:
    ``(v) Award of Rank to Members of the Senior National Intelligence 
Service.--The President, based on the recommendations of the Director 
of National Intelligence, may award ranks to members of the Senior 
National Intelligence Service and other intelligence community senior 
civilian officers not already covered by such a rank award program in a 
manner consistent with the provisions of section 4507 of title 5, 
United States Code. The award of such rank shall be made per the 
direction of the Director of National Intelligence and in a manner 
consistent with the provisions of such section 4507.''.

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

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

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

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

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

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

    (a) Findings.--Congress makes the following findings:
            (1) In 2009, eight years after the terrorist attacks of 
        September 11, 2001, the intelligence community continues to 
        lack an adequate supply of personnel trained in critical 
        foreign languages.
            (2) A number of elements of the intelligence community are 
        attempting to address that lack of supply by recruiting 
        applicants who can speak, read, and understand critical foreign 
        languages.
            (3) Leaders in the intelligence community have recognized 
        that improved recruiting practices are only a partial solution 
        and that improved language training for current intelligence 
        community employees is also necessary.
            (4) While language education and instruction provides long-
        term benefits for both intelligence agencies and individual 
        employees, it has short-term costs for supervisors whose staff 
        are absent due to language training and could provide 
        supervisors with an incentive to resist allowing individual 
        employees to pursue language training.
            (5) If the head of an element of the intelligence community 
        was able to increase the number of personnel at that element 
        during the period that an employee is participating in language 
        training, that element would not have to sacrifice short-term 
        priorities to address language training needs.
            (6) The Director of National Intelligence is uniquely 
        situated to evaluate language training needs across the 
        intelligence community and assess whether that training would 
        be enhanced if elements of the intelligence community were 
        given temporary additional personnel authorizations.
            (7) The intelligence community has a difficult time 
        finding, training, and providing security clearances to native 
        foreign language speakers who are able to serve as translators 
        and it would be beneficial if all elements of the intelligence 
        community were able to harness the capabilities of these 
        individuals.
            (8) The Director of National Intelligence is uniquely 
        situated to identify translators within the intelligence 
        community and provide for their temporary transfer from one 
        element of the intelligence community to another element.
    (b) Temporary Personnel Authorizations.--
            (1) Authorized additional ftes.--In addition to the number 
        of full-time equivalent positions authorized for the Office of 
        the Director of National Intelligence for a fiscal year, there 
        is authorized for such Office for each fiscal year an 
        additional 100 full-time equivalent positions that may be 
        utilized only for the purposes described in paragraph (2).
            (2) Purposes.--The Director of National Intelligence may 
        use a full-time equivalent position authorized under paragraph 
        (1) only for the purposes of providing a temporary transfer of 
        personnel made pursuant to the authority in section 102A(e)(2) 
        of the National Security Act of 1947 (50 U.S.C. 403-1(e)(2)) to 
        an element of the intelligence community to enable such element 
        to increase its total authorized number of personnel, on a 
        temporary basis--
                    (A) during a period in which a permanent employee 
                of such element is absent to participate in critical 
                language training; or
                    (B) to accept a permanent employee of another 
                element of the intelligence community to provide 
                language-capable services a temporary basis.
    (c) Inapplicability of Other Law.--Subparagraph (B) of section 
102A(e)(2) of the National Security Act of 1947 (50 U.S.C. 403-1(e)(2)) 
shall not apply to a transfer of personnel authorizations made under 
this section.
    (d) Reporting Requirements.--
            (1) Report to the director of national intelligence.--An 
        element of the intelligence community that receives a temporary 
        transfer of personnel authorized under subsection (b) shall 
        submit to the Director of National Intelligence a report on 
        such transfer that includes the length of time of the temporary 
        transfer and which critical language need of such element was 
        fulfilled or partially fulfilled by the transfer.
            (2) Annual report to congress.--The Director of National 
        Intelligence shall submit to the congressional intelligence 
        committees an annual report on this section. Each such report 
        shall include a description of--
                    (A) the number of transfers of personnel made by 
                the Director pursuant to subsection (b), disaggregated 
                by each element of the intelligence community;
                    (B) the critical language that needs were fulfilled 
                or partially fulfilled through the use of such 
                transfers; and
                    (C) the cost to carry out subsection (b).

                     Subtitle B--Education Programs

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

    (a) In General.--Subsection (a) of section 318 of the Intelligence 
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C. 
441g note) is amended--
            (1) in the heading, by striking ``Pilot Program'' and 
        inserting ``In General'';
            (2) in paragraph (1)--
                    (A) by striking ``pilot''; and
                    (B) by inserting ``, acquisition, scientific, and 
                technical, or other'' after ``analytic'' in both places 
                that term appears;
            (3) in paragraph (2), by striking ``pilot''; and
            (4) in paragraph (3), by striking ``pilot''.
    (b) Elements.--Subsection (b) of section 318 of the Intelligence 
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C. 
411g note) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``pilot'';
            (2) in paragraph (1), by striking ``analysts'' and 
        inserting ``professionals''; and
            (3) in paragraph (2), by inserting ``, acquisition, 
        scientific, and technical, or other'' after ``analytic''.
    (c) Permanent Authorization.--Section 318 of the Intelligence 
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C. 
411g note) is amended by striking subsections (c), (d), (e), (f), and 
(g).
    (d) Use of Funds.--Section 318 of the Intelligence Authorization 
Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C. 411g note), as 
amended by subsection (c), is further amended by adding at the end the 
following:
    ``(c) Use of Funds.--Funds made available for the program may be 
used for the following purposes:
            ``(1) To provide a monthly stipend for each month that the 
        individual is pursing a course of study described in subsection 
        (a).
            ``(2) To pay such individual's full tuition to permit the 
        individual to complete such a course of study.
            ``(3) To provide an allowance for books and materials that 
        such individual requires to complete such a course of study.
            ``(4) To pay such individual's expenses for travel as 
        requested by an element of the intelligence community related 
        to the program.''.
    (e) Conforming Amendments.--
            (1) Section heading.--The section heading of section 318 of 
        the Intelligence Authorization Act for Fiscal Year 2004 (Public 
        Law 108-177; 117 Stat. 2613) is amended to read as follows:

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

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

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

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

    (a) Expansion of the Louis Stokes Educational Scholarship Program 
to Graduate Students.--Section 16 of the National Security Agency Act 
of 1959 (50 U.S.C. 402 note) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and graduate'' after 
                ``undergraduate''; and
                    (B) by striking ``the baccalaureate'' and inserting 
                ``a baccalaureate or graduate'';
            (2) in subsection (b), by inserting ``or graduate'' after 
        ``undergraduate'';
            (3) in subsection (e)(2), by inserting ``and graduate'' 
        after ``undergraduate''; and
            (4) by adding at the end ``Such program shall be known as 
        the Louis Stokes Educational Scholarship Program.''.
    (b) Authority for Participation by Individuals Who Are Not Employed 
by the Federal Government.--
            (1) In general.--Subsection (b) of section 16 of the 
        National Security Agency Act of 1959 (50 U.S.C. 402 note), as 
        amended by subsection (a)(2), is further amended by striking 
        ``civilian employees'' and inserting ``civilians who may or may 
        not be employees''.
            (2) Replacement of the term ``employee''.--Section 16 of 
        the National Security Agency Act of 1959 (50 U.S.C. 402 note), 
        as amended by subsection (a), is further amended--
                    (A) in subsection (c), by striking ``employees'' 
                and inserting ``program participants'';
                    (B) in subsection (d)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), strike ``an employee 
                                of the Agency'' and insert ``a program 
                                participant'';
                                    (II) in subparagraph (A), by 
                                striking ``employee'' and inserting 
                                ``program participant'';
                                    (III) in subparagraph (C)--
                                            (aa) by striking 
                                        ``employee'' each place that 
                                        term appears and inserting 
                                        ``program participant''; and
                                            (bb) by striking 
                                        ``employee's'' each place that 
                                        term appears and inserting 
                                        ``program participant's''; and
                                    (IV) in subparagraph (D)--
                                            (aa) by striking 
                                        ``employee'' each place that 
                                        term appears and inserting 
                                        ``program participant''; and
                                            (bb) by striking 
                                        ``employee's'' each place that 
                                        term appears and inserting 
                                        ``program participant's''; and
                            (ii) in paragraph (3)(C)--
                                    (I) by striking ``employee'' both 
                                places that term appears and inserting 
                                ``program participant''; and
                                    (II) by striking ``employee's'' and 
                                inserting ``program participant's''; 
                                and
                    (C) in subsection (e)(1), by striking ``employee'' 
                and inserting ``program participant''.
    (c) Termination of Program Participants.--Subsection (d)(1)(C) of 
section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 
note), as amended by subsection (b)(2)(B)(i)(III), is further amended 
by striking ``terminated'' and all that follows and inserting 
``terminated--
                    ``(i) by the Agency due to misconduct by the 
                program participant;
                    ``(ii) by the program participant voluntarily; or
                    ``(iii) by the Agency for the failure of the 
                program participant to maintain such level of academic 
                standing in the educational course of training as the 
                Director of the National Security Agency shall have 
                specified in the agreement of the program participant 
                under this subsection; and''.
    (d) Authority To Withhold Disclosure of Affiliation With NSA.--
Subsection (e) of Section 16 of the National Security Agency Act of 
1959 (50 U.S.C. 402 note) is amended by striking ``(1) When an 
employee'' and all that follows through ``(2) Agency efforts'' and 
inserting ``Agency efforts''.
    (e) Authority of Elements of the Intelligence Community to 
Establish a Stokes Educational Scholarship Program.--Section 102A of 
the National Security Act of 1947 (50 U.S.C. 403-1), as amended by 
sections 303 and 304, is further amended by adding at the end the 
following new subsection:
    ``(w) Educational Scholarship Program.--The head of a department or 
agency containing an element of the intelligence community may 
establish an undergraduate or graduate training program with respect to 
civilian employees and prospective civilian employees of such element 
similar in purpose, conditions, content, and administration to the 
program which the Secretary of Defense is authorized to establish under 
section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 
note) for civilian employees of the National Security Agency.''.

SEC. 313. INTELLIGENCE OFFICER EDUCATION PROGRAMS.

    (a) Authority.--The Director may carry out, or may authorize the 
head of an element of the intelligence community to carry out, programs 
in accordance with this section for the purposes described in 
subsection (c).
    (b) Definitions.--In this section:
            (1) Director.--The term ``Director'' means ``the Director 
        of National Intelligence''.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
    (c) Purposes.--The purpose of a program carried out under this 
section shall be--
            (1) to encourage the preparation, recruitment, and 
        retention of civilian intelligence community personnel who 
        posses language, analytic, scientific, technical, or other 
        skills necessary to meet the needs of the intelligence 
        community, as identified by the Director; and
            (2) to enhance recruitment and retention of an ethnically 
        and culturally diverse workforce for the intelligence community 
        with capabilities critical to the national security interests 
        of the United States.
    (d) Authorized Programs.--The programs authorized under this 
section are as follows:
            (1) Grants to individuals.--A program carried out in 
        accordance with subsection (e) to provide financial aid to an 
        individual to pursue a program at an institution of higher 
        education in language, analysis, science, technical fields, or 
        other skills necessary to meet the needs of the intelligence 
        community, as identified by the Director.
            (2) Grants to institutions of higher education.--A program 
        carried out in accordance with subsection (f) to provide a 
        grant to an institution of higher education to develop a 
        program of study in an area of study referred to paragraph (1).
    (e) Grants to Individuals.--
            (1) In general.--The Director, or the head of an element of 
        the intelligence community authorized by the Director under 
        subsection (a), may award a grant to an individual who is 
        pursuing an associate, baccalaureate, advanced degree, or 
        certification in an area of study referred to in subsection 
        (c)(1) at an institution of higher education.
            (2) Use or funds.--A grant awarded to an individual under 
        this section to enroll in a program at an institution of higher 
        education may be used--
                    (A) to pay the tuition, fees, and other costs of 
                such program;
                    (B) to pay the living expenses of the individual 
                during the time the individual is enrolled in such 
                program; or
                    (C) to support internship activities of the 
                individual within the intelligence community during the 
                academic year or periods between academic years in 
                which the individual is enrolled in such program.
            (3) Administration of grants.--A grant of financial aid to 
        an individual under this section shall be administered 
        through--
                    (A) the Pat Roberts Intelligence Scholars Program 
                carried out under section 318 of the Intelligence 
                Authorization Act for Fiscal Year 2004 (50 U.S.C. 441g 
                note); or
                    (B) the Louis Stokes Educational Scholarship 
                Program carried out under section 16 of the National 
                Security Agency Act of 1959 (50 U.S.C. 402 note).
            (4) Selection.--In selecting an individual to receive a 
        grant under this section to enroll in a program at an 
        institution of higher education, the Director or head of an 
        element of the intelligence community, as appropriate, shall 
        consider whether such institution has been awarded a grant 
        under this section.
            (5) Authority for screening.--The Director is authorized to 
        screen and qualify each individual selected to receive a grant 
        under this section for the appropriate security clearance 
        without regard to the date that the employment relationship 
        between the individual and an element of the intelligence 
        community is formed, or whether it is ever formed.
    (f) Grants to Institutions of Higher Education.--
            (1) In general.--The Director may award a grant to an 
        institution of higher education to support the establishment, 
        continued development, improvement, or administration of a 
        program of study referred to in subsection (c)(1) at such 
        institution.
            (2) Use of funds.--A grant awarded to an institution of 
        higher education under this section may be used for the 
        following:
                    (A) Curriculum or program development.
                    (B) Faculty development.
                    (C) Laboratory equipment or improvements.
                    (D) Faculty research in language, analysis, 
                science, technical, or other fields that meet current 
                or emerging needs of the intelligence community as 
                identified by the Director of National Intelligence.
            (3) Reports.--An institution of higher education awarded a 
        grant under this section shall submit to the Director regular 
        reports regarding the use of such grant, including--
                    (A) a description of the benefits to students who 
                participate in the course of study funded by such 
                grant;
                    (B) a description of the results and 
                accomplishments related to such course of study; and
                    (C) any other information that the Director may 
                require.
    (g) Application.--An individual or an institution of higher 
education seeking a grant under this section shall submit an 
application to the Director describing the proposed use of the grant at 
such time and in such manner as the Director may require.
    (h) Regulations.--The Director shall prescribe such regulations as 
are necessary to carry out this section.
    (i) Repeal of Prior Programs.--
            (1) In general.--The following provisions are repealed:
                    (A) Section 319 of Intelligence Authorization Act 
                for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C. 403 
                note).
                    (B) Section 1003 of the National Security Act of 
                1947 (50 U.S.C. 441g-2).
                    (C) Section 922 of Ronald W. Reagan National 
                Defense Authorization Act for Fiscal Year 2005 (Public 
                Law 108-375; 50 U.S.C. 402 note).
            (2) Effect on prior agreements.--An agreement, contract, or 
        employment relationship that was in effect pursuant to a 
        provision repealed by subparagraph (A), (B), or (C) of 
        paragraph (1) prior to the date of the enactment of this Act 
        shall remain in effect unless all parties mutually agree to 
        amend, modify, or abrogate such agreement, contract, or 
        relationship.
            (3) Table of contents amendments.--
                    (A) Intelligence authorization act for fiscal year 
                2004.--The Intelligence Authorization Act for Fiscal 
                Year 2004 is amended in the table of contents in 
                section 1(b), by striking the item relating to section 
                319.
                    (B) Ronald w. reagan national defense authorization 
                act for fiscal year 2005.--The Ronald W. Reagan 
                National Defense Authorization Act for Fiscal Year 2005 
                (Public Law 108-375; 118 Stat. 1811) is amended--
                            (i) in the table of contents in section 
                        2(b), by striking the item relating to section 
                        922; and
                            (ii) in title IV in the table of contents 
                        preceding subtitle A, by striking the item 
                        relating to section 922.
    (j) Effect of Other Law.--The Director shall administer the 
Intelligence Officer Training Program pursuant to the provisions of 
chapter 63 of title 31, United States Code and chapter 75 of such 
title, except that the Comptroller General of the United States shall 
have no authority, duty, or responsibility in matters related to this 
program.

SEC. 314. REVIEW AND REPORT ON EDUCATION PROGRAMS.

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

                    Subtitle C--Acquisition Matters

SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.

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

              ``vulnerability assessments of major systems

    ``Sec. 506C.  (a) Initial Vulnerability Assessments.--
            ``(1) Requirement for initial vulnerability assessments.--
        The Director of National Intelligence shall conduct an initial 
        vulnerability assessment for any major system and its 
        significant items of supply that is proposed for inclusion in 
        the National Intelligence Program prior to completion of 
        Milestone B or an equivalent acquisition decision. The initial 
        vulnerability assessment of a major system and its significant 
        items of supply shall include use of an analysis-based approach 
        to--
                    ``(A) identify vulnerabilities;
                    ``(B) define exploitation potential;
                    ``(C) examine the system's potential effectiveness;
                    ``(D) determine overall vulnerability; and
                    ``(E) make recommendations for risk reduction.
            ``(2) Limitation on obligation of funds.--For any major 
        system for which an initial vulnerability assessment is 
        required under paragraph (1) on the date of the enactment of 
        the Intelligence Authorization Act for Fiscal Year 2010, such 
        assessment shall be submitted to the congressional intelligence 
        committees within 180 days of such date of enactment. If such 
        assessment is not submitted to the congressional intelligence 
        committees within 180 days of such date of enactment, funds 
        appropriated for the acquisition of the major system may not be 
        obligated for a major contract related to the major system. 
        Such prohibition on the obligation of funds for the acquisition 
        of the major system shall cease to apply at the end of the 30-
        day period of a continuous session of Congress that begins on 
        the date on which Congress receives the initial vulnerability 
        assessment.
    ``(b) Subsequent Vulnerability Assessments.--(1) The Director of 
National Intelligence shall, periodically throughout the life span of a 
major system or if the Director determines that a change in 
circumstances warrants the issuance of a subsequent vulnerability 
assessment, conduct a subsequent vulnerability assessment of each major 
system and its significant items of supply within the National 
Intelligence Program.
    ``(2) Upon the request of a congressional intelligence committee, 
the Director of National Intelligence may conduct a subsequent 
vulnerability assessment of a particular major system and its 
significant items of supply within the National Intelligence Program.
    ``(3) Any subsequent vulnerability assessment of a major system and 
its significant items of supply shall include use of an analysis-based 
approach and, if applicable, a testing-based approach, to monitor the 
exploitation potential of such system and reexamine the factors 
described in subparagraphs (A) through (E) of subsection (a)(1).
    ``(c) Major System Management.--The Director of National 
Intelligence shall give due consideration to the vulnerability 
assessments prepared for a given major system when developing and 
determining the National Intelligence Program budget.
    ``(d) Congressional Oversight.--(1) The Director of National 
Intelligence shall provide to the congressional intelligence committees 
a copy of each vulnerability assessment conducted under subsection (a) 
or (b) not later than 10 days after the date of the completion of such 
assessment.
    ``(2) The Director of National Intelligence shall provide the 
congressional intelligence committees with a proposed schedule for 
subsequent vulnerability assessments of a major system under subsection 
(b) when providing such committees with the initial vulnerability 
assessment under subsection (a) of such system as required by paragraph 
(1).
    ``(e) Definitions.--In this section:
            ``(1) The term `items of supply'--
                    ``(A) means any individual part, component, 
                subassembly, assembly, or subsystem integral to a major 
                system, and other property which may be replaced during 
                the service life of the major system, including spare 
                parts and replenishment parts; and
                    ``(B) does not include packaging or labeling 
                associated with shipment or identification of items.
            ``(2) The term `major system' has the meaning given that 
        term in section 506A(e).
            ``(3) The term `Milestone B' means a decision to enter into 
        system development and demonstration pursuant to guidance 
        prescribed by the Director of National Intelligence.
            ``(4) The term `vulnerability assessment' means the process 
        of identifying and quantifying vulnerabilities in a major 
        system and its significant items of supply.''.
            (2) Table of contents amendment.--The table of contents in 
        the first section of the National Security Act of 1947, as 
        amended by section 305 of this Act, is further amended by 
        inserting after the item relating to section 506B, as added by 
        section 305(b), the following:

``Sec. 506C. Vulnerability assessments of major systems.''.
    (b) Definition of Major System.--Paragraph (3) of section 506A(e) 
of the National Security Act of 1947 (50 U.S.C. 415a-1(e)) is amended 
to read as follows:
            ``(3) The term `major system' has the meaning given that 
        term in section 4 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 403).''.

SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.

    (a) Intelligence Community Business System Transformation.--
            (1) In general.--Title V of the National Security Act of 
        1947 (50 U.S.C. 413 et seq.), as amended by sections 305 and 
        321 of this Act, is further amended by inserting after section 
        506C, as added by section 321(a), the following new section:

        ``intelligence community business system transformation

    ``Sec. 506D.  (a) Limitation on Obligation of Funds.--(1) After 
February 1, 2010, no funds appropriated to any element of the 
intelligence community may be obligated for an intelligence community 
business system transformation that will have a total cost in excess of 
$1,000,000 unless--
            ``(A) the approval authority designated by the Director of 
        National Intelligence under subsection (c)(2) makes the 
        certification described in paragraph (2) with respect to the 
        intelligence community business system transformation; and
            ``(B) the certification is approved by the appropriate 
        authorities within the intelligence community business system 
        transformation governance structure identified in subsection 
        (f).
    ``(2) The certification described in this paragraph for an 
intelligence community business system transformation is a 
certification, made by the approval authority designated by the 
Director under subsection (c)(2) that the intelligence community 
business system transformation--
            ``(A) complies with the enterprise architecture under 
        subsection (b) and other Director of National Intelligence 
        policy and standards; or
            ``(B) is necessary--
                    ``(i) to achieve a critical national security 
                capability or address a critical requirement in an area 
                such as safety or security; or
                    ``(ii) to prevent a significant adverse effect on a 
                project that is needed to achieve an essential 
                capability, taking into consideration the alternative 
                solutions for preventing such adverse effect.
    ``(b) Enterprise Architecture for Intelligence Community Business 
Systems.--(1) The Director of National Intelligence shall, acting 
through the intelligence community business system transformation 
governance structure identified in subsection (f), develop and 
implement an enterprise architecture to cover all intelligence 
community business systems, and the functions and activities supported 
by such business systems. The enterprise architecture shall be 
sufficiently defined to effectively guide, constrain, and permit 
implementation of interoperable intelligence community business system 
solutions, consistent with applicable policies and procedures 
established by the Director of the Office of Management and Budget.
    ``(2) The enterprise architecture under paragraph (1) shall include 
the following--
            ``(A) An information infrastructure that, at a minimum, 
        will enable the intelligence community to--
                    ``(i) comply with all Federal accounting, financial 
                management, and reporting requirements;
                    ``(ii) routinely produce timely, accurate, and 
                reliable financial information for management purposes;
                    ``(iii) integrate budget, accounting, and program 
                information and systems; and
                    ``(iv) provide for the measurement of performance, 
                including the ability to produce timely, relevant, and 
                reliable cost information.
            ``(B) Policies, procedures, data standards, and system 
        interface requirements that apply uniformly throughout the 
        intelligence community.
    ``(c) Responsibilities for Intelligence Community Business System 
Transformation.--(1) The Director of National Intelligence shall be 
responsible for the entire life cycle of an intelligence community 
business system transformation, to include review, approval, and 
oversight of the planning, design, acquisition, deployment, operation, 
and maintenance of the business system transformation.
    ``(2) The Director shall designate one or more appropriate 
officials of the intelligence community to be responsible for making 
certifications with respect to intelligence community business system 
transformation under subsection (a)(2).
    ``(d) Intelligence Community Business System Investment Review.--
(1) The approval authority designated under subsection (c)(2) shall 
establish and implement, not later than February 1, 2010, an investment 
review process for the intelligence community business systems for 
which the approval authority is responsible.
    ``(2) The investment review process under paragraph (1) shall--
            ``(A) meet the requirements of section 11312 of title 40, 
        United States Code; and
            ``(B) specifically set forth the responsibilities of the 
        approval authority under such review process.
    ``(3) The investment review process under paragraph (1) shall 
include the following elements:
            ``(A) Review and approval by an investment review board 
        (consisting of appropriate representatives of the intelligence 
        community) of each intelligence community business system as an 
        investment before the obligation of funds for such system.
            ``(B) Periodic review, but not less often than annually, of 
        every intelligence community business system investment.
            ``(C) Thresholds for levels of review to ensure appropriate 
        review of intelligence community business system investments 
        depending on the scope, complexity, and cost of the system 
        involved.
            ``(D) Procedures for making certifications in accordance 
        with the requirements of subsection (a)(2).
    ``(e) Budget Information.--For each fiscal year after fiscal year 
2011, the Director of National Intelligence shall include in the 
materials the Director submits to Congress in support of the budget for 
such fiscal year that is submitted to Congress under section 1105 of 
title 31, United States Code, the following information:
            ``(1) An identification of each intelligence community 
        business system for which funding is proposed in such budget.
            ``(2) An identification of all funds, by appropriation, 
        proposed in such budget for each such system, including--
                    ``(A) funds for current services to operate and 
                maintain such system;
                    ``(B) funds for business systems modernization 
                identified for each specific appropriation; and
                    ``(C) funds for associated business process 
                improvement or reengineering efforts.
            ``(3) For each such system, identification of approval 
        authority designated for such system under subsection (c)(2).
            ``(4) The certification, if any, made under subsection 
        (a)(2) with respect to each such system.
    ``(f) Intelligence Community Business System Transformation 
Governance Board.--
            ``(1) The Director of National Intelligence shall establish 
        a board within the intelligence community business system 
        transformation governance structure (in this subsection 
        referred to as the `Board').
            ``(2) The Board shall--
                    ``(A) recommend to the Director policies and 
                procedures necessary to effectively integrate all 
                business activities and any transformation, reform, 
                reorganization, or process improvement initiatives 
                under taken within the intelligence community;
                    ``(B) review and approve any major update of--
                            ``(i) the enterprise architecture developed 
                        under subsection (b); and
                            ``(ii) any plans for an intelligence 
                        community business systems modernization;
                    ``(C) manage cross-domain integration consistent 
                with such enterprise architecture;
                    ``(D) be responsible for coordinating initiatives 
                for intelligence community business system 
                transformation to maximize benefits and minimize costs 
                for the intelligence community, and periodically report 
                to the Director on the status of efforts to carry out 
                an intelligence community business system 
                transformation;
                    ``(E) ensure that funds are obligated for 
                intelligence community business system transformation 
                in a manner consistent with subsection (a); and
                    ``(F) carry out such other duties as the Director 
                shall specify.
    ``(g) Relation to Annual Registration Requirements.--Nothing in 
this section shall be construed to alter the requirements of section 
8083 of the Department of Defense Appropriations Act, 2005 (Public Law 
108-287; 118 Stat. 989), with regard to information technology systems 
(as defined in subsection (d) of such section).
    ``(h) Relationship to Defense Business Enterprise Architecture.--
Nothing in this section, or the amendments made by this section, shall 
be construed to exempt funds authorized to be appropriated to the 
Department of Defense from the requirements of section 2222 of title 
10, United States Code, to the extent that such requirements are 
otherwise applicable.
    ``(i) Relation to Clinger-Cohen Act.--(1) Executive agency 
responsibilities in chapter 113 of title 40, United States Code, for 
any intelligence community business system transformation shall be 
exercised jointly by--
            ``(A) the Director of National Intelligence and the Chief 
        Information Officer of the Intelligence Community; and
            ``(B) the head of the executive agency that contains the 
        element of the intelligence community involved and the chief 
        information officer of that executive agency.
    ``(2) The Director of National Intelligence and the head of the 
executive agency shall enter a Memorandum of Understanding to carry out 
the requirements of this section in a manner that best meets the needs 
of the intelligence community and the executive agency.
    ``(j) Reports.--Not later than March 15 of each of the years 2011 
through 2015, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the compliance of the 
intelligence community with the requirements of this section. Each such 
report shall--
            ``(1) describe actions taken and proposed for meeting the 
        requirements of subsection (a), including--
                    ``(A) specific milestones and actual performance 
                against specified performance measures, and any 
                revision of such milestones and performance measures; 
                and
                    ``(B) specific actions on the intelligence 
                community business system transformations submitted for 
                certification under such subsection; and
            ``(2) identify the number of intelligence community 
        business system transformations that received a certification 
        described in subsection (a)(2)(B); and
            ``(3) describe specific improvements in business operations 
        and cost savings resulting from successful intelligence 
        community business systems transformation efforts.
    ``(k) Definitions.--In this section:
            ``(1) Enterprise architecture.--The term `enterprise 
        architecture' has the meaning given that term in section 
        3601(4) of title 44, United States Code.
            ``(2) Information system; information technology.--The 
        terms `information system' and `information technology' have 
        the meanings given those terms in section 11101 of title 40, 
        United States Code.
            ``(3) Intelligence community business system.--The term 
        `intelligence community business system' means an information 
        system, including national security systems, that are operated 
        by, for, or on behalf of the intelligence community or elements 
        of the intelligence community as defined by law and Executive 
        Order, including financial systems, mixed systems, financial 
        data feeder systems, and the business infrastructure 
        capabilities shared by the systems of the business enterprise 
        architecture, including people, process, and technology, that 
        build upon the core infrastructure used to support business 
        activities, such as acquisition, financial management, 
        logistics, strategic planning and budgeting, installations and 
        environment, and human resource management.
            ``(4) Intelligence community business system 
        transformation.--The term `intelligence community business 
        system transformation' means--
                    ``(A) the acquisition or development of a new 
                intelligence community business system; or
                    ``(B) any significant modification or enhancement 
                of an existing intelligence community business system 
                (other than necessary to maintain current services).
            ``(5) National security system.--The term `national 
        security system' has the meaning given that term in section 
        3542 of title 44, United States Code.''.
            (2) Table of contents amendment.--The table of contents in 
        the first section of that Act, as amended by sections 305 and 
        321 of this Act, is further amended by inserting after the item 
        relating to section 506C, as added by section 321(a)(2), the 
        following new item:

``Sec. 506D. Intelligence community business systems transformation.''.
    (b) Implementation.--
            (1) Certain duties.--Not later than 60 days after the date 
        of the enactment of this Act, the Director of National 
        Intelligence shall--
                    (A) complete the delegation of responsibility for 
                the review, approval, and oversight of intelligence 
                community business systems required by subsection (c) 
                of section 506D of the National Security Act of 1947 
                (as added by subsection (a)); and
                    (B) designate a chairman and personnel to serve on 
                the appropriate intelligence community business system 
                transformation governance board established under 
                subsection (f) of such section 506D (as so added).
            (2) Enterprise architecture.--
                    (A) Schedule for development.--The Director shall 
                develop the enterprise architecture required by 
                subsection (b) of such section 506D (as so added) to 
                include the initial Business Enterprise Architecture 
                for business transformation by December 31, 2009.
                    (B) Requirement for implementation plan.--In 
                developing such an enterprise architecture, the 
                Director shall develop an implementation plan for such 
                enterprise architecture that includes the following:
                            (i) An acquisition strategy for new systems 
                        that are expected to be needed to complete such 
                        enterprise architecture, including specific 
                        time-phased milestones, performance metrics, 
                        and a statement of the financial and 
                        nonfinancial resource needs.
                            (ii) An identification of the intelligence 
                        community business systems in operation or 
                        planned as of September 30, 2009, that will not 
                        be a part of such enterprise architecture, 
                        together with the schedule for the phased 
                        termination of the utilization of any such 
                        systems.
                            (iii) An identification of the intelligence 
                        community business systems in operation or 
                        planned as of September 30, 2009, that will be 
                        a part of such enterprise architecture, 
                        together with a strategy for modifying such 
                        systems to ensure that such systems comply with 
                        such enterprise architecture.
                    (C) Submission of acquisition strategy.--Based on 
                the results of an enterprise process management review 
                and the availability of funds, the Director shall 
                submit the acquisition strategy described in 
                subparagraph (B)(i) to the congressional intelligence 
                committees not later than December 31, 2009.

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

    (a) Reports.--
            (1) In general.--Title V of the National Security Act of 
        1947 (50 U.S.C. 413 et seq.), as amended by sections 305, 321, 
        and 322 of this Act, is further amended by inserting after 
        section 506D, as added by section 322(a)(1), the following new 
        section:

             ``reports on the acquisition of major systems

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

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

SEC. 324. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.

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

                ``excessive cost growth of major systems

    ``Sec. 506F.  (a) Cost Increases of at Least 25 Percent.--(1)(A) On 
a continuing basis, and separate from the submission of any report on a 
major system required by section 506E of this Act, the program manager 
shall determine if the acquisition cost of such major system has 
increased by at least 25 percent as compared to the baseline cost of 
such major system.
    ``(B) Not later than 10 days after the date that a program manager 
determines that an increase described in subparagraph (A) has occurred, 
the program manager shall submit to the Director of National 
Intelligence notification of such increase.
    ``(2)(A) If, after receiving a notification described in paragraph 
(1)(B), the Director of National Intelligence determines that the 
acquisition cost of a major system has increased by at least 25 
percent, the Director shall submit to the congressional intelligence 
committees a written notification of such determination as described in 
subparagraph (B), a description of the amount of the increase in the 
acquisition cost of such major system, and a certification as described 
in subparagraph (C).
    ``(B) The notification required by subparagraph (A) shall include--
            ``(i) an updated cost estimate;
            ``(ii) the date on which the determination covered by such 
        notification was made;
            ``(iii) contract performance assessment information with 
        respect to each significant contract or sub-contract related to 
        such major system, including the name of the contractor, the 
        phase of the contract at the time of the report, the percentage 
        of work under the contract that has been completed, any change 
        in contract cost, the percentage by which the contract is 
        currently ahead or behind schedule, and a summary explanation 
        of significant occurrences, such as cost and schedule 
        variances, and the effect of such occurrences on future costs 
        and schedules;
            ``(iv) the prior estimate of the full life-cycle cost for 
        such major system, expressed in constant dollars and in current 
        year dollars;
            ``(v) the current estimated full life-cycle cost of such 
        major system, expressed in constant dollars and current year 
        dollars;
            ``(vi) a statement of the reasons for any increases in the 
        full life-cycle cost of such major system;
            ``(vii) the current change and the total change, in dollars 
        and expressed as a percentage, in the full life-cycle cost 
        applicable to such major system, stated both in constant 
        dollars and current year dollars;
            ``(viii) the completion status of such major system 
        expressed as the percentage--
                    ``(I) of the total number of years for which funds 
                have been appropriated for such major system compared 
                to the number of years for which it is planned that 
                such funds will be appropriated; and
                    ``(II) of the amount of funds that have been 
                appropriated for such major system compared to the 
                total amount of such funds which it is planned will be 
                appropriated;
            ``(ix) the action taken and proposed to be taken to control 
        future cost growth of such major system; and
            ``(x) any changes made in the performance or schedule of 
        such major system and the extent to which such changes have 
        contributed to the increase in full life-cycle costs of such 
        major system.
    ``(C) The certification described in this subparagraph is a written 
certification made by the Director and submitted to the congressional 
intelligence committees that--
            ``(i) the acquisition of such major system is essential to 
        the national security;
            ``(ii) there are no alternatives to such major system that 
        will provide equal or greater intelligence capability at equal 
        or lesser cost to completion;
            ``(iii) the new estimates of the full life-cycle cost for 
        such major system are reasonable; and
            ``(iv) the management structure for the acquisition of such 
        major system is adequate to manage and control full life-cycle 
        cost of such major system.
    ``(b) Cost Increases of at Least 50 Percent.--(1)(A) On a 
continuing basis, and separate from the submission of any report on a 
major system required by section 506E of this Act, the program manager 
shall determine if the acquisition cost of such major system has 
increased by at least 50 percent as compared to the baseline cost of 
such major system.
    ``(B) Not later than 10 days after the date that a program manager 
determines that an increase described in subparagraph (A) has occurred, 
the program manager shall submit to the Director of National 
Intelligence notification of such increase.
    ``(2) If, after receiving a notification described in paragraph 
(1)(B), the Director of National Intelligence determines that the 
acquisition cost of a major system has increased by at least 50 percent 
as compared to the baseline cost of such major system, the Director 
shall submit to the congressional intelligence committees a written 
certification stating that--
            ``(A) the acquisition of such major system is essential to 
        the national security;
            ``(B) there are no alternatives to such major system that 
        will provide equal or greater intelligence capability at equal 
        or lesser cost to completion;
            ``(C) the new estimates of the full life-cycle cost for 
        such major system are reasonable; and
            ``(D) the management structure for the acquisition of such 
        major system is adequate to manage and control the full life-
        cycle cost of such major system.
    ``(3) In addition to the certification required by paragraph (2), 
the Director of National Intelligence shall submit to the congressional 
intelligence committees an updated notification, with current 
accompanying information, as required by subsection (a)(2).
    ``(c) Prohibition on Obligation of Funds.--(1) If a written 
certification required under subsection (a)(2)(A) is not submitted to 
the congressional intelligence committees within 90 days of the 
notification made under subsection (a)(1)(B), funds appropriated for 
the acquisition of a major system may not be obligated for a major 
contract under the program. Such prohibition on the obligation of funds 
shall cease to apply at the end of the 30-day period of a continuous 
session of Congress that begins on the date on which Congress receives 
the notification required under subsection (a)(2).
    ``(2) If a written certification required under subsection (b)(2) 
is not submitted to the congressional intelligence committees within 90 
days of the notification made under subsection (b)(1)(B), funds 
appropriated for the acquisition of a major system may not be obligated 
for a major contract under the program. Such prohibition on the 
obligation of funds for the acquisition of a major system shall cease 
to apply at the end of the 30-day period of a continuous session of 
Congress that begins on the date on which Congress receives the 
notification required under subsection (b)(3).
    ``(d) Initial Certifications.--Notwithstanding subsection (c), for 
any major system for which a written certification is required under 
either subsection (a)(2) or (b)(2) on the date of the enactment of the 
Intelligence Authorization Act for Fiscal Year 2010, such written 
certification shall be submitted to the congressional intelligence 
committees within 180 days of such date of enactment. If such written 
certification is not submitted to the congressional intelligence 
committees within 180 days of such date of enactment, funds 
appropriated for the acquisition of a major system may not be obligated 
for a major contract under the program. Such prohibition on the 
obligation of funds for the acquisition of a major system shall cease 
to apply at the end of the 30-day period of a continuous session of 
Congress that begins on the date on which Congress receives the 
notification required under subsection (a)(2) or (b)(3).
    ``(e) Submission to the Congressional Armed Services Committees.--
To the extent that a submission required to be made to the 
congressional intelligence committees under this section addresses an 
element of the intelligence community within the Department of Defense, 
the Director of National Intelligence shall submit that portion of the 
submission, and any associated material that is necessary to make that 
portion understandable, to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives.
    ``(f) Definitions.--In this section:
            ``(1) The term `acquisition cost' has the meaning given 
        that term in section 506E(d).
            ``(2) The term `baseline cost', with respect to a major 
        system, means the projected acquisition cost of such system 
        that is approved by the Director of National Intelligence at 
        Milestone B or an equivalent acquisition decision for the 
        development, procurement, and construction of such system. The 
        baseline cost may be in the form of an independent cost 
        estimate.
            ``(3) The term `cost estimate'--
                    ``(A) means an assessment and quantification of all 
                costs and risks associated with the acquisition of a 
                major system based upon reasonably available 
                information at the time a written certification is 
                required under either subsection (a)(2) or (b)(2); and
                    ``(B) does not mean an `independent cost estimate'.
            ``(4) The term `full life-cycle cost' has the meaning given 
        that term in section 506E(d).
            ``(5) The term `independent cost estimate' has the meaning 
        given that term in section 506A(e).
            ``(6) The term `major system' has the meaning given that 
        term in section 506A(e).
            ``(7) The term `Milestone B' means a decision to enter into 
        system development and demonstration pursuant to guidance 
        prescribed by the Director of National Intelligence.
            ``(8) The term `program manager', with respect to a major 
        system, means--
                    ``(A) the head of the element of the intelligence 
                community which is responsible for the budget, cost, 
                schedule, and performance of the major system; or
                    ``(B) in the case of a major system within the 
                Office of the Director of National Intelligence, the 
                deputy who is responsible for the budget, cost, 
                schedule, and performance of the major system.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of that Act, as amended by sections 305, 321, 322, and 
323 of this Act, is further amended by inserting after the items 
relating to section 506E, as added by section 323(a)(3), the following 
new item:

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

SEC. 325. FUTURE BUDGET PROJECTIONS.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), as amended by sections 305, 321, 322, 323, and 324 
of this Act, is further amended by inserting after section 506F, as 
added by section 324(a), the following new section:

                      ``future budget projections

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

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

SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS.

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

        Subtitle D--Congressional Oversight, Plans, and Reports

SEC. 331. GENERAL CONGRESSIONAL OVERSIGHT.

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

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

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

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

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

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

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

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

    (a) In General.--Chapter 35 of title 31, United States Code, is 
amended by inserting after section 3523 the following:
``Sec. 3523A. Audits of intelligence community by Government 
              Accountability Office
    ``(a) In this section, the term `intelligence community' has the 
meaning given that term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)).
    ``(b) Congress finds that--
            ``(1) the authority of the Comptroller General to perform 
        audits and evaluations of financial transactions, programs, and 
        activities of elements of the intelligence community under 
        sections 712, 717, 3523, and 3524, and to obtain access to 
        records for purposes of such audits and evaluations under 
        section 716, is reaffirmed for matters referred to in paragraph 
        (2); and
            ``(2) such audits and evaluations may be requested by a 
        congressional committee of jurisdiction (such as the Select 
        Committee on Intelligence of the Senate and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives), and may include matters relating to the 
        management and administration of elements of the intelligence 
        community in areas such as strategic planning, financial 
        management, information technology, human capital, knowledge 
        management, and information sharing.
    ``(c)(1) The Comptroller General may conduct an audit or evaluation 
involving intelligence sources and methods or covert actions only upon 
request of the Select Committee on Intelligence of the Senate or the 
Permanent Select Committee on Intelligence of the House of 
Representatives.
    ``(2)(A) Whenever the Comptroller General conducts an audit or 
evaluation under paragraph (1), the Comptroller General shall provide 
the results of such audit or evaluation only to the Select Committee on 
Intelligence of the Senate, the Permanent Select Committee on 
Intelligence of the House of Representatives, the Director of National 
Intelligence, and the head of the relevant element of the intelligence 
community.
    ``(B) The Comptroller General may only provide information obtained 
in the course of an audit or evaluation under paragraph (1) to the 
Select Committee on Intelligence of the Senate, the Permanent Select 
Committee on Intelligence of the House of Representatives, the Director 
of National Intelligence, and the head of the relevant element of the 
intelligence community.
    ``(3)(A) Notwithstanding any other provision of law, the 
Comptroller General may inspect records of any element of the 
intelligence community relating to intelligence sources and methods, or 
covert actions in order to conduct audits and evaluations under 
paragraph (1).
    ``(B) If, in the conduct of an audit or evaluation under paragraph 
(1), an agency record is not made available to the Comptroller General 
in accordance with section 716, the Comptroller General shall consult 
with the original requestor before filing a report under subsection 
(b)(1) of such section.
    ``(4)(A) The Comptroller General shall maintain the same level of 
confidentiality for a record made available for conducting an audit 
under paragraph (1) as is required of the head of the element of the 
intelligence community from which it is obtained. Officers and 
employees of the Government Accountability Office are subject to the 
same statutory penalties for unauthorized disclosure or use as officers 
or employees of the intelligence community element that provided the 
Comptroller General or officers and employees of the Government 
Accountability Office with access to such records.
    ``(B) All workpapers of the Comptroller General and all records and 
property of any element of the intelligence community that the 
Comptroller General uses during an audit or evaluation under paragraph 
(1) shall remain in facilities provided by that element of the 
intelligence community. Elements of the intelligence community shall 
give the Comptroller General suitable and secure offices and furniture, 
telephones, and access to copying facilities, for purposes of audits 
and evaluations under paragraph (1).
    ``(C) After consultation with the Select Committee on Intelligence 
of the Senate and with the Permanent Select Committee on Intelligence 
of the House of Representatives, the Comptroller General shall 
establish procedures to protect from unauthorized disclosure all 
classified and other sensitive information furnished to the Comptroller 
General or any representative of the Comptroller General for conducting 
an audit or evaluation under paragraph (1).
    ``(D) Before initiating an audit or evaluation under paragraph (1), 
the Comptroller General shall provide the Director of National 
Intelligence and the head of the relevant element with the name of each 
officer and employee of the Government Accountability Office who has 
obtained appropriate security clearance and to whom, upon proper 
identification, records, and information of the element of the 
intelligence community shall be made available in conducting the audit 
or evaluation.
    ``(d) Elements of the intelligence community shall cooperate fully 
with the Comptroller General and provide timely responses to 
Comptroller General requests for documentation and information made 
pursuant to this section.
    ``(e) With the exception of the types of audits and evaluations 
specified in subsection (c)(1), nothing in this section or any other 
provision of law shall be construed as restricting or limiting the 
authority of the Comptroller General to audit, evaluate, or obtain 
access to the records of elements of the intelligence community absent 
specific statutory language restricting or limiting such audits, 
evaluations, or access to records.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
35 of title 31, United States Code, is amended by inserting after the 
item relating to section 3523 the following:

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

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

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

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

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

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

    (a) Requirement for Report.--Not later than 180 days after the date 
of the enactment of this Act, the Director of National Intelligence 
shall submit to Congress a report on the advisability of providing 
Federal retirement benefits to United States citizens for the service 
of such citizens prior to 1977 as employees of Air America or an 
associated company during a period when Air America or the associated 
company was owned or controlled by the United States Government and 
operated or managed by the Central Intelligence Agency.
    (b) Definitions.--In this section:
            (1) Air america.--The term ``Air America'' means Air 
        America, Incorporated.
            (2) Associated company.--The term ``associated company'' 
        means any entity associated with, predecessor to, or subsidiary 
        to Air America, including Air Asia Company Limited, CAT 
        Incorporated, Civil Air Transport Company Limited, and the 
        Pacific Division of Southern Air Transport during the period 
        when such an entity was owned and controlled by the United 
        States Government.
    (c) Report Elements.--The report required by subsection (a) shall 
include the following:
            (1) The history of Air America and the associated companies 
        prior to 1977, including a description of--
                    (A) the relationship between Air America and the 
                associated companies and the Central Intelligence 
                Agency or other elements of the United States 
                Government;
                    (B) the workforce of Air America and the associated 
                companies;
                    (C) the missions performed by Air America, the 
                associated companies, and their employees for the 
                United States; and
                    (D) the casualties suffered by employees of Air 
                America and the associated companies in the course of 
                their employment.
            (2) A description of--
                    (A) the retirement benefits contracted for, or 
                promised to, the employees of Air America and the 
                associated companies prior to 1977;
                    (B) the contributions made by such employees for 
                such benefits;
                    (C) the retirement benefits actually paid to such 
                employees;
                    (D) the entitlement of such employees to the 
                payment of future retirement benefits; and
                    (E) the likelihood that former employees of such 
                companies will receive any future retirement benefits.
            (3) An assessment of the difference between--
                    (A) the retirement benefits that former employees 
                of Air America and the associated companies have 
                received or will receive by virtue of their employment 
                with Air America and the associated companies; and
                    (B) the retirement benefits that such employees 
                would have received or be eligible to receive if such 
                employment was deemed to be employment by the United 
                States Government and their service during such 
                employment was credited as Federal service for the 
                purpose of Federal retirement benefits.
            (4)(A) Any recommendations regarding the advisability of 
        legislative action to treat such employment as Federal service 
        for the purpose of Federal retirement benefits in light of the 
        relationship between Air America and the associated companies 
        and the United States Government and the services and 
        sacrifices of such employees to and for the United States.
            (B) If legislative action is considered advisable under 
        subparagraph (A), a proposal for such action and an assessment 
        of its costs.
            (5) The opinions of the Director of the Central 
        Intelligence Agency, if any, on the matters covered by the 
        report that the Director of the Central Intelligence Agency 
        considers appropriate.
    (d) Assistance of Comptroller General.--The Comptroller General of 
the United States shall, upon the request of the Director of National 
Intelligence and in a manner consistent with the protection of 
classified information, assist the Director in the preparation of the 
report required by subsection (a).
    (e) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.

SEC. 339. REPORT AND STRATEGIC PLAN ON BIOLOGICAL WEAPONS.

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

SEC. 340. CYBERSECURITY OVERSIGHT.

    (a) Definitions.--In this section:
            (1) Cybersecurity program.--The term ``cybersecurity 
        program'' means a class or collection of similar cybersecurity 
        operations of an agency or department of the United States that 
        involves personally identifiable data that is--
                    (A) screened by a cybersecurity system outside of 
                the agency or department of the United States that was 
                the intended recipient;
                    (B) transferred, for the purpose of cybersecurity, 
                outside the agency or department of the United States 
                that was the intended recipient; or
                    (C) transferred, for the purpose of cybersecurity, 
                to an element of the intelligence community.
            (2) National cyber investigative joint task force.--The 
        term ``National Cyber Investigative Joint Task Force'' means 
        the multi-agency cyber investigation coordination organization 
        overseen by the Director of the Federal Bureau of Investigation 
        known as the Nation Cyber Investigative Joint Task Force that 
        coordinates, integrates, and provides pertinent information 
        related to cybersecurity investigations.
            (3) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given that term in section 
        1016 of the USA PATRIOT Act (42 U.S.C. 5195c).
    (b) Notification of Cybersecurity Programs.--
            (1) Requirement for notification.--
                    (A) Existing programs.--Not later than 30 days 
                after the date of the enactment of this Act, the 
                President shall submit to Congress a notification for 
                each cybersecurity program in operation on such date 
                that includes the documentation referred to in 
                subparagraphs (A) through (E) of paragraph (2).
                    (B) New programs.--Not later than 30 days after the 
                date of the commencement of operations of a new 
                cybersecurity program, the President shall submit to 
                Congress a notification of such commencement that 
                includes the documentation referred to in subparagraphs 
                (A) through (E) of paragraph (2).
            (2) Documentation.--A notification required by paragraph 
        (1) for a cybersecurity program shall include--
                    (A) the legal justification for the cybersecurity 
                program;
                    (B) the certification, if any, made pursuant to 
                section 2511(2)(a)(ii)(B) of title 18, United States 
                Code, or other statutory certification of legality for 
                the cybersecurity program;
                    (C) the concept for the operation of the 
                cybersecurity program that is approved by the head of 
                the appropriate agency or department;
                    (D) the assessment, if any, of the privacy impact 
                of the cybersecurity program prepared by the privacy or 
                civil liberties protection officer or comparable 
                officer of such agency or department; and
                    (E) the plan, if any, for independent audit or 
                review of the cybersecurity program to be carried out 
                by the head of the relevant department or agency of the 
                United States, in conjunction with the appropriate 
                inspector general.
    (c) Program Reports.--
            (1) Requirement for reports.--The head of a department or 
        agency of the United States with responsibility for a 
        cybersecurity program for which a notification was submitted 
        under subsection (b), in conjunction with the inspector general 
        for that department or agency, shall submit to Congress and the 
        President, in accordance with the schedule set out in paragraph 
        (2), a report on such cybersecurity program that includes--
                    (A) the results of any audit or review of the 
                cybersecurity program carried out under the plan 
                referred to in subsection (b)(2)(E), if any; and
                    (B) an assessment of whether the implementation of 
                the cybersecurity program--
                            (i) is in compliance with--
                                    (I) the legal justification 
                                referred to in subsection (b)(2)(A); 
                                and
                                    (II) the assessment referred to in 
                                subsection (b)(2)(D), if any;
                            (ii) is adequately described by the concept 
                        of operation referred to in subsection 
                        (b)(2)(C), if any; and
                            (iii) includes an adequate independent 
                        audit or review system and whether improvements 
                        to such independent audit or review system are 
                        necessary.
            (2) Schedule for submission of reports.--The reports 
        required by paragraph (1) shall be submitted to Congress and 
        the President according to the following schedule:
                    (A) An initial report shall be submitted not later 
                than 6 months after the date of the enactment of this 
                Act.
                    (B) A second report shall be submitted not later 
                than 1 year after the date of the enactment of this 
                Act.
                    (C) Additional reports shall be submitted 
                periodically thereafter, as necessary, as determined by 
                the head of the relevant department or agency of the 
                United States in conjunction with the inspector general 
                of that department or agency.
            (3) Cooperation and coordination.--
                    (A) Cooperation.--The head of each department or 
                agency of the United States and inspector general 
                required to submit a report under paragraph (1) shall 
                work in conjunction, to the extent practicable, with 
                any other such head or inspector general required to 
                submit such a report.
                    (B) Coordination.--The heads of each department or 
                agency of the United States and inspectors general 
                required to submit reports under paragraph (1) shall 
                designate one such head and one such inspector general 
                to coordinate the conduct of such reports.
    (d) Information Sharing Report.--Not later than 1 year after the 
date of the enactment of this Act, the Inspector General of the 
Department of Homeland Security and the Inspector General of the 
Intelligence Community shall, jointly, submit to Congress and the 
President a report on the status of the sharing of cyber threat 
information, including--
            (1) a description of how cyber threat intelligence 
        information, including classified information, is shared among 
        the agencies and departments of the United States and with 
        persons responsible for critical infrastructure;
            (2) a description of the mechanisms by which classified 
        cyber threat information is distributed;
            (3) an assessment of the effectiveness of such information 
        sharing and distribution; and
            (4) any other matters identified by such Inspectors General 
        that would help to fully inform Congress or the President 
        regarding the effectiveness and legality of cybersecurity 
        programs.
    (e) Personnel Details.--
            (1) Authority to detail.--Notwithstanding any other 
        provision of law, the head of an element of the intelligence 
        community that is funded through the National Intelligence 
        Program may detail an officer or employee of such element to 
        the National Cyber Investigative Joint Task Force or to the 
        Department of Homeland Security to assist the Task Force or the 
        Department with cybersecurity, as jointly agreed by the head of 
        such element and the Task Force or the Department.
            (2) Basis for detail.--A personnel detail made under 
        paragraph (1) may be made--
                    (A) for a period of not more than 3 years; and
                    (B) on a reimbursable or nonreimbursable basis.
    (f) Sunset.--The requirements and authorities of this section shall 
terminate on December 31, 2012.

SEC. 341. SENSE OF THE SENATE ON A SUBCOMMITTEE RELATED TO INTELLIGENCE 
              APPROPRIATIONS.

    (a) Findings.--Congress makes the following findings:
            (1) The Select Committee on Intelligence of the Senate was 
        created by Senate Resolution 400 in the 94th Congress to 
        oversee and make continuing studies of the intelligence 
        activities of the United States.
            (2) Senate Resolution 400 specifically required that the 
        Select Committee on Intelligence be composed of at least two 
        cross-over members, with one such member from each party, from 
        the Committee on Appropriations, the Committee on Armed 
        Services, Committee on Foreign Relations, and the Committee on 
        the Judiciary of the Senate, which would provide such 
        Committees with member insight into intelligence oversight 
        matters.
            (3) The National Commission on Terrorist Attacks Upon the 
        United States (referred to in this section as the ``9/11 
        Commission'') conducted a lengthy review of the facts and 
        circumstances relating to the terrorist attacks of September 
        11, 2001, including those relating to the intelligence 
        community, law enforcement agencies, and the role of 
        congressional oversight and resource allocation.
            (4) In its final report, the 9/11 Commission found that 
        under the Rules of the Senate and the House of Representatives 
        in effect at the time the report was completed, the committees 
        of Congress charged with oversight of the intelligence 
        activities lacked the power, influence, and sustained 
        capability to meet the daunting challenges faced by the 
        intelligence community of the United States.
            (5) In its final report, the 9/11 Commission further found 
        that as long as oversight is governed by such rules of the 
        Senate and the House of Representatives, the people of the 
        United States will not get the security they want and need.
            (6) In its final report, the 9/11 Commission further found 
        that a strong, stable, and capable congressional committee 
        structure is needed to give the intelligence community of the 
        United States appropriate oversight, support, and leadership.
            (7) In its final report, the 9/11 Commission further found 
        that the reforms recommended by the 9/11 Commission in its 
        final report will not succeed if congressional oversight of the 
        intelligence community in the United States is not changed.
            (8) The 9/11 Commission recommended structural changes to 
        Congress to improve the oversight of intelligence activities.
            (9) Congress has enacted some of the recommendations made 
        by the 9/11 Commission and is considering implementing 
        additional recommendations of the 9/11 Commission.
            (10) The Senate adopted Senate Resolution 445 in the 108th 
        Congress to address some of the intelligence oversight 
        recommendations of the 9/11 Commission by abolishing term 
        limits for the members of the Select Committee on Intelligence, 
        clarifying jurisdiction for intelligence-related nominations, 
        and streamlining procedures for the referral of intelligence-
        related legislation, but other aspects of the 9/11 Commission 
        recommendations regarding fiscal oversight of intelligence have 
        not been implemented.
            (11) In Senate Resolution 445 in the 108th Congress, the 
        Senate provided for the establishment of a Subcommittee on 
        Intelligence of the Committee on Appropriations and gave it 
        jurisdiction over funding for intelligence matters.
            (12) There remains a need to improve congressional 
        oversight of the intelligence activities of the United States 
        and provide a strong, stable, and capable congressional 
        committee structure to provide the intelligence community 
        appropriate oversight, support, and leadership.
            (13) There also remains a need to implement a key 9/11 
        Commission recommendation to make structural changes within 
        Congress to improve the oversight of intelligence activities 
        and provide vigilant legislative oversight to assure that such 
        activities are in conformity with the Constitution and laws of 
        the United States.
    (b) Sense of the Senate on a Subcommittee Related to Intelligence 
Appropriations.--It is the sense of the Senate that the Senate should 
agree to a Resolution that amends section 402 of Senate Resolution 445, 
108th Congress, agreed to October 9, 2004, as proposed in Senate 
Resolution 665, 110th Congress, introduced on September 11, 2008, to 
establish within the Committee on Appropriations of the Senate a 
Subcommittee on Intelligence.

SEC. 342. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.

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

``Sec. 118. Emergency notification regarding financial intelligence on 
                            terrorist assets.''.
    (e) Annual Certification on Counterintelligence Initiatives.--
Section 1102(b) of the National Security Act of 1947 (50 U.S.C. 
442a(b)) is amended--
            (1) by striking ``(1)''; and
            (2) by striking paragraph (2).
    (f) Report and Certification Under Terrorist Identification 
Classification System.--Section 343 of the Intelligence Authorization 
Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (d), (e), (f), and (g), respectively.
    (g) Annual Report on Counterdrug Intelligence Matters.--Section 826 
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed.
    (h) Biennial Report on Foreign Industrial Espionage.--Subsection 
(b) of section 809 of the Intelligence Authorization Act for Fiscal 
Year 1995 (50 U.S.C. App. 2170b) is amended--
            (1) in the heading, by striking ``Annual Update'' and 
        inserting ``Biennial Report'';
            (2) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) Requirement to submit.--Not later than February 1, 
        2010 and once every two years thereafter, the President shall 
        submit to the congressional intelligence committees and 
        congressional leadership a report updating the information 
        referred to in subsection (a) (1) (D) not later than February 
        1, 2010 and every two years thereafter.''; and
            (3) by redesignating paragraph (3) as paragraph (2).
    (i) Conforming Amendments.--Section 507(a) of the National Security 
Act of 1947 (50 U.S.C. 415b(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraphs (A) and (B); and
                    (B) by redesignating subparagraphs (C) through (N) 
                as subparagraphs (A) through (L), respectively; and
            (2) in paragraph (2), by striking subparagraph (D).

                       Subtitle E--Other Matters

SEC. 351. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT RECEIPT 
              AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.

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

SEC. 352. EXEMPTION OF DISSEMINATION OF TERRORIST IDENTITY INFORMATION 
              FROM FREEDOM OF INFORMATION ACT.

    Section 119 of the National Security Act of 1947 (50 U.S.C. Section 
404o) is amended by adding at the end the following new subsection:
    ``(k) Exemption of Dissemination of Terrorist Identity Information 
From Freedom of Information Act.--(1) Terrorist identity information 
disseminated for terrorist screening purposes shall be exempt from 
disclosure under section 552 of title 5, United States Code.
    ``(2) In this section, the term `terrorist identity information' 
means--
            ``(A) information from a database maintained by any element 
        of the Federal Government that would reveal whether an 
        individual has or has not been determined to be a known or 
        suspected terrorist or has or has not been determined to be 
        within the networks of contacts and support of a known or 
        suspected terrorist; and
            ``(B) information related to a determination as to whether 
        or not an individual is or should be included in the Terrorist 
        Screening Database or other screening databases based on a 
        determination that the individual is a known or suspected 
        terrorist.''.

SEC. 353. 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. 354. LIMITATION ON REPROGRAMMINGS AND TRANSFERS OF FUNDS.

    (a) In General.--Paragraph (3) of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414) is amended--
            (1) in subparagraph (B), as amended by section 353, by 
        striking ``and'' at the end;
            (2) in subparagraph (C), by adding ``and'' at the end; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) the making available of such funds for such 
                activity complies with the requirements in subsection 
                (d);''.
    (b) Procedures.--Such section 504 is further amended--
            (1) by redesignating subsections (c), (d), (e), and (f), as 
        redesignated by section 334(2), as subsections (d), (e), (f), 
        and (g), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c)(1) Except as provided in paragraph (2), if following a notice 
of intent to make funds available for a different activity under 
subsection (a)(3)(C) one of the congressional intelligence committees 
submits to the element of the intelligence community that will carry 
out such activity a request for additional information on such 
activity, such funds may not be made available for such activity under 
subsection (a)(3) until such date, up to 90 days after the date of such 
request, as specified by such congressional intelligence committee.
    ``(2) The President may waive the requirements of paragraph (1) and 
make funds available for an element of the intelligence community to 
carry out a different activity under subsection (a)(3) if the President 
submits to the congressional intelligence committees a certification 
providing that--
            ``(A) the use of such funds for such activity is necessary 
        to fulfill an urgent operational requirement, excluding a cost 
        overrun on the acquisition of a major system, of an element of 
        the intelligence community; and
            ``(B) such waiver is necessary so that an element of the 
        intelligence community may carry out such activity prior to the 
        date that funds would be made available under paragraph (1).''.
    (c) Definitions.--Subsection (g) of such section 504, as 
redesignated by subsection (b)(1) of this section, is amended--
            (1) by redesignating paragraph (3) as paragraph (4);
            (2) by redesignating paragraphs (1) and (2) as paragraphs 
        (1) and (2), respectively;
            (3) by striking ``and'' at the end of paragraph (1), as 
        redesignated by paragraph (2) of this subsection; and
            (4) by inserting after paragraph (2), as redesignated by 
        paragraph (2) of this subsection, the following:
            ``(3) the term `major system' has the meaning given that 
        term in section 4 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 403); and''.

SEC. 355. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION.

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

SEC. 356. NATIONAL INTELLIGENCE PROGRAM BUDGET REQUEST.

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

SEC. 357. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC INTEREST 
              DECLASSIFICATION BOARD.

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

SEC. 358. AUTHORITY TO DESIGNATE UNDERCOVER OPERATIONS TO COLLECT 
              FOREIGN INTELLIGENCE OR COUNTERINTELLIGENCE.

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

SEC. 359. CORRECTING LONG-STANDING MATERIAL WEAKNESSES.

    (a) Definitions.--In this section:
            (1) Covered element of the intelligence community.--The 
        term ``covered element of the intelligence community'' means--
                    (A) the Central Intelligence Agency;
                    (B) the Defense Intelligence Agency;
                    (C) the National Geospatial-Intelligence Agency;
                    (D) the National Reconnaissance Office; or
                    (E) the National Security Agency.
            (2) Independent auditor.--The term ``independent auditor'' 
        means an individual who--
                    (A)(i) is a Federal, State, or local government 
                auditor who meets the independence standards included 
                in generally accepted government auditing standards; or
                    (ii) is a public accountant who meets such 
                independence standards; and
                    (B) is designated as an auditor by the Director of 
                National Intelligence or the head of a covered element 
                of the intelligence community, as appropriate.
            (3) Long-standing, correctable material weakness.--The term 
        ``long-standing, correctable material weakness'' means a 
        material weakness--
                    (A) that was first reported in the annual financial 
                report of a covered element of the intelligence 
                community for a fiscal year prior to fiscal year 2007; 
                and
                    (B) the correction of which is not substantially 
                dependent on a business system that will not be 
                implemented prior to the end of fiscal year 2010.
            (4) Material weakness.--The term ``material weakness'' has 
        the meaning given that term under the Office of Management and 
        Budget Circular A-123, entitled ``Management's Responsibility 
        for Internal Control,'' revised December 21, 2004.
            (5) Covered program.--The term ``covered program'' means--
                    (A) the Central Intelligence Agency Program;
                    (B) the Consolidated Cryptologic Program;
                    (C) the General Defense Intelligence Program;
                    (D) the National Geospatial-Intelligence Program; 
                or
                    (E) the National Reconnaissance Program.
            (6) Senior intelligence management official.--The term 
        ``senior intelligence management official'' means an official 
        within a covered element of the intelligence community who 
        holds a position--
                    (A)(i) for which the level of the duties and 
                responsibilities and the rate of pay are comparable to 
                that of a position--
                            (I) above grade 15 of the General Schedule 
                        (as described in section 5332 of title 5, 
                        United States Code); or
                            (II) at or above level IV of the Executive 
                        Level (as described in section 5315 of title 5, 
                        United States Code); or
                    (ii) as the head of a covered element of the 
                intelligence community; and
                    (B) which is compensated for employment with funds 
                appropriated pursuant to an authorization of 
                appropriations in this Act.
    (b) Identification of Senior Intelligence Management Officials.--
            (1) Requirement to identify.--Not later than 30 days after 
        the date of the enactment of this Act, the head of a covered 
        element of the intelligence community shall identify each 
        senior intelligence management official of such element who is 
        responsible for correcting a long-standing, correctable 
        material weakness.
            (2) Head of a covered element of the intelligence 
        community.--The head of a covered element of the intelligence 
        community may designate himself or herself as the senior 
        intelligence management official responsible for correcting a 
        long-standing, correctable material weakness.
            (3) Requirement to update designation.--In the event a 
        senior intelligence management official identified under 
        paragraph (1) is determined by the head of the appropriate 
        covered element of the intelligence community to no longer be 
        responsible for correcting a long-standing, correctable 
        material weakness, the head of such element shall identify the 
        successor to such official not later than 10 days after the 
        date of such determination.
    (c) Notification.--Not later than 10 days after the date that the 
head of a covered element of the intelligence community has identified 
a senior intelligence management official pursuant to subsection 
(b)(1), the head of such element shall provide written notification of 
such identification to the Director of National Intelligence and to 
such senior intelligence management official.
    (d) Independent Review.--
            (1) Notification of correction of deficiency.--A senior 
        intelligence management official who has received a 
        notification under subsection (c) regarding a long-standing, 
        correctable material weakness shall notify the head of the 
        appropriate covered element of the intelligence community, not 
        later than 5 days after the date that such official determines 
        that the specified material weakness is corrected.
            (2) Requirement for independent review.--
                    (A) In general.--Not later than 10 days after the 
                date a notification is provided under paragraph (1), 
                the head of the appropriate covered element of the 
                intelligence community shall appoint an independent 
                auditor to conduct an independent review to determine 
                whether the specified long-standing, correctable 
                material weakness has been corrected.
                    (B) Review already in process.--If an independent 
                review is already being conducted by an independent 
                auditor, the head of the covered element of the 
                intelligence community may approve the continuation of 
                such review to comply with subparagraph (A).
                    (C) Conduct of review.--A review conducted under 
                subparagraph (A) or (B) shall be conducted as 
                expeditiously as possible and in accordance with 
                generally accepted accounting principles.
            (3) Notification of results of review.--Not later than 5 
        days after the date that a review required by paragraph (2) is 
        completed, the independent auditor shall submit to the head of 
        the covered element of the intelligence community, the Director 
        of National Intelligence, and the senior intelligence 
        management official involved a notification of the results of 
        such review.
    (e) Congressional Oversight.--The head of a covered element of the 
intelligence community shall notify the congressional intelligence 
committees not later than 30 days after the date of--
            (1) that a senior intelligence management official is 
        identified under subsection (b)(1) and notified under 
        subsection (c); or
            (2) the correction of a long-standing, correctable material 
        weakness, as verified by an independent review under subsection 
        (d)(2).

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

      Subtitle A--Office of the Director of National Intelligence

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

    (a) Responsibility of the Director of National Intelligence.--
Subsection (b) of section 102 of the National Security Act of 1947 (50 
U.S.C. 403) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3)--
                    (A) by striking ``2004,'' and inserting ``2004 
                (Public Law 108-458; 50 U.S.C. 403 note),''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) conduct accountability reviews of elements of the 
        intelligence community and the personnel of such elements, if 
        appropriate.''.
    (b) Tasking and Other Authorities.--Subsection (f) of section 102A 
of the National Security Act of 1947 (50 U.S.C. 403-1) is amended--
            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (8) and (9), respectively; and
            (2) by inserting after paragraph (6) the following new 
        paragraph:
    ``(7)(A) The Director of National Intelligence shall, if the 
Director determines it is necessary, or may, if requested by a 
congressional intelligence committee, conduct an accountability review 
of an element of the intelligence community or the personnel of such 
element in relation to a failure or deficiency within the intelligence 
community.
    ``(B) The Director of National Intelligence, in consultation with 
the Attorney General, shall establish guidelines and procedures for 
conducting an accountability review under subparagraph (A).
    ``(C)(i) The Director of National Intelligence shall provide the 
findings of an accountability review conducted under subparagraph (A) 
and the Director's recommendations for corrective or punitive action, 
if any, to the head of the applicable element of the intelligence 
community. Such recommendations may include a recommendation for 
dismissal of personnel.
    ``(ii) If the head of such element does not implement a 
recommendation made by the Director under clause (i), the head of such 
element shall submit to the congressional intelligence committees a 
notice of the determination not to implement the recommendation, 
including the reasons for the determination.
    ``(D) The requirements of this paragraph shall not limit any 
authority of the Director of National Intelligence under subsection (m) 
or with respect to supervision of the Central Intelligence Agency.''.

SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.

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

SEC. 403. AUTHORITIES FOR INTERAGENCY FUNDING.

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

SEC. 404. LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
              INTELLIGENCE.

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

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

    (a) In General.--Section 103E of the National Security Act of 1947 
(50 U.S.C. 403-3e) is amended--
            (1) in subsection (c)--
                    (A) by redesignating paragraph (5) as paragraph 
                (7);
                    (B) in paragraph (4), by striking ``and'' at the 
                end; and
                    (C) by inserting after paragraph (4) the following:
            ``(5) assist the Director in establishing goals for basic, 
        applied, and advanced research to meet the technology needs of 
        the intelligence community and to be executed by elements of 
        the intelligence community by--
                    ``(A) systematically identifying, assessing, and 
                prioritizing the most significant intelligence 
                challenges that require technical solutions; and
                    ``(B) examining options to enhance the 
                responsiveness of research programs;
            ``(6) submit to Congress an annual report on the science 
        and technology strategy of the Director; and''; and
            (2) in paragraph (3) of subsection (d)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                subparagraphs (B) and (C), respectively;
                    (B) in subparagraph (B), as so redesignated, by 
                inserting ``and prioritize'' after ``coordinate''; and
                    (C) by inserting before subparagraph (B), as so 
                redesignated, the following new subparagraph:
                    ``(A) identify basic, advanced, and applied 
                research programs to be executed by elements of the 
                intelligence community;''.
    (b) Sense of Congress on Supervision of the Director of Science and 
Technology.--It is the sense of Congress that the Director of Science 
and Technology of the Office of the Director of National Intelligence 
should report only to a member of such Office who is appointed by the 
President, by and with the consent of the Senate.

SEC. 406. TITLE AND APPOINTMENT OF CHIEF INFORMATION OFFICER OF THE 
              INTELLIGENCE COMMUNITY.

    Section 103G of the National Security Act of 1947 (50 U.S.C. 403-
3g) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``of the Intelligence Community'' 
                after ``Chief Information Officer''; and
                    (B) by striking ``President,'' and all that follows 
                and inserting ``President.'';
            (2) by striking subsection (b) and redesignating 
        subsections (c) and (d) as subsections (b) and (c), 
        respectively;
            (3) in subsection (b) (as so redesignated), by inserting 
        ``of the Intelligence Community'' after ``Chief Information 
        Officer''; and
            (4) in subsection (c) (as so redesignated), by inserting 
        ``of the Intelligence Community'' after ``Chief Information 
        Officer'' the first place it appears.

SEC. 407. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

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

           ``inspector general of the intelligence community

    ``Sec. 103H.  (a) Office of Inspector General of the Intelligence 
Community.--There is within the Office of the Director of National 
Intelligence an Office of the Inspector General of the Intelligence 
Community.
    ``(b) Purpose.--The purpose of the Office of the Inspector General 
of the Intelligence Community is--
            ``(1) to create an objective and effective office, 
        appropriately accountable to Congress, to initiate and conduct 
        independently investigations, inspections, audits, and reviews 
        on programs and activities within the responsibility and 
        authority of the Director of National Intelligence;
            ``(2) to provide leadership and coordination and recommend 
        policies for activities designed--
                    ``(A) to promote economy, efficiency, and 
                effectiveness in the administration and implementation 
                of such programs and activities; and
                    ``(B) to prevent and detect fraud and abuse in such 
                programs and activities;
            ``(3) to provide a means for keeping the Director of 
        National Intelligence fully and currently informed about--
                    ``(A) problems and deficiencies relating to the 
                administration of programs and activities within the 
                responsibility and authority of the Director of 
                National Intelligence; and
                    ``(B) the necessity for, and the progress of, 
                corrective actions; and
            ``(4) in the manner prescribed by this section, to ensure 
        that the congressional intelligence committees are kept 
        similarly informed of--
                    ``(A) significant problems and deficiencies 
                relating to programs and activities within the 
                responsibility and authority of the Director of 
                National Intelligence; and
                    ``(B) the necessity for, and the progress of, 
                corrective actions.
    ``(c) Inspector General of the Intelligence Community.--(1) There 
is an Inspector General of the Intelligence Community, who shall be the 
head of the Office of the Inspector General of the Intelligence 
Community, who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    ``(2) The nomination of an individual for appointment as Inspector 
General shall be made--
            ``(A) without regard to political affiliation;
            ``(B) on the basis of integrity, compliance with security 
        standards of the intelligence community, and prior experience 
        in the field of intelligence or national security; and
            ``(C) on the basis of demonstrated ability in accounting, 
        financial analysis, law, management analysis, public 
        administration, or investigations.
    ``(3) The Inspector General shall report directly to and be under 
the general supervision of the Director of National Intelligence.
    ``(4) The Inspector General may be removed from office only by the 
President. The President shall communicate in writing to the 
congressional intelligence committees the reasons for the removal not 
later than 30 days prior to the effective date of such removal.
    ``(d) Assistant Inspectors General.--Subject to applicable law and 
the policies of the Director of National Intelligence, the Inspector 
General shall--
            ``(1) appoint an Assistant Inspector General for Audit who 
        shall have the responsibility for supervising the performance 
        of auditing activities relating to programs and activities 
        within the responsibility and authority of the Director;
            ``(2) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such programs and activities; and
            ``(3) appoint other Assistant Inspectors General that, in 
        the judgment of the Inspector General, are necessary to carry 
        out the duties of the Inspector General.
    ``(e) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General of the Intelligence Community--
            ``(1) to provide policy direction for, and to plan, 
        conduct, supervise, and coordinate independently, the 
        investigations, inspections, audits, and reviews relating to 
        programs and activities within the responsibility and authority 
        of the Director of National Intelligence;
            ``(2) to keep the Director of National Intelligence fully 
        and currently informed concerning violations of law and 
        regulations, fraud and other serious problems, abuses, and 
        deficiencies relating to the programs and activities within the 
        responsibility and authority of the Director, to recommend 
        corrective action concerning such problems, and to report on 
        the progress made in implementing such corrective action;
            ``(3) to take due regard for the protection of intelligence 
        sources and methods in the preparation of all reports issued by 
        the Inspector General, and, to the extent consistent with the 
        purpose and objective of such reports, take such measures as 
        may be appropriate to minimize the disclosure of intelligence 
        sources and methods described in such reports; and
            ``(4) in the execution of the duties and responsibilities 
        under this section, to comply with generally accepted 
        government auditing.
    ``(f) Limitations on Activities.--(1) The Director of National 
Intelligence may prohibit the Inspector General of the Intelligence 
Community from initiating, carrying out, or completing any 
investigation, inspection, audit, or review if the Director determines 
that such prohibition is necessary to protect vital national security 
interests of the United States.
    ``(2) If the Director exercises the authority under paragraph (1), 
the Director shall submit an appropriately classified statement of the 
reasons for the exercise of such authority within 7 days to the 
congressional intelligence committees.
    ``(3) The Director shall advise the Inspector General at the time a 
statement under paragraph (2) is submitted, and, to the extent 
consistent with the protection of intelligence sources and methods, 
provide the Inspector General with a copy of such statement.
    ``(4) The Inspector General may submit to the congressional 
intelligence committees any comments on the statement of which the 
Inspector General has notice under paragraph (3) that the Inspector 
General considers appropriate.
    ``(g) Authorities.--(1) The Inspector General of the Intelligence 
Community shall have direct and prompt access to the Director of 
National Intelligence when necessary for any purpose pertaining to the 
performance of the duties of the Inspector General.
    ``(2)(A) The Inspector General shall, subject to the limitations in 
subsection (f), make such investigations and reports relating to the 
administration of the programs and activities within the authorities 
and responsibilities of the Director as are, in the judgment of the 
Inspector General, necessary or desirable.
    ``(B) The Inspector General shall have access to any employee, or 
any employee of contract personnel, of any element of the intelligence 
community needed for the performance of the duties of the Inspector 
General.
    ``(C) The Inspector General shall have direct access to all 
records, reports, audits, reviews, documents, papers, recommendations, 
or other material which relate to the programs and activities with 
respect to which the Inspector General has responsibilities under this 
section.
    ``(D) The level of classification or compartmentation of 
information shall not, in and of itself, provide a sufficient rationale 
for denying the Inspector General access to any materials under 
subparagraph (C).
    ``(E) The Director, or on the recommendation of the Director, 
another appropriate official of the intelligence community, shall take 
appropriate administrative actions against an employee, or an employee 
of contract personnel, of an element of the intelligence community that 
fails to cooperate with the Inspector General. Such administrative 
action may include loss of employment or the termination of an existing 
contractual relationship.
    ``(3) The Inspector General is authorized to receive and 
investigate, pursuant to subsection (h), complaints or information from 
any person concerning the existence of an activity within the 
authorities and responsibilities of the Director of National 
Intelligence constituting a violation of laws, rules, or regulations, 
or mismanagement, gross waste of funds, abuse of authority, or a 
substantial and specific danger to the public health and safety. Once 
such complaint or information has been received from an employee of the 
intelligence community--
            ``(A) the Inspector General shall not disclose the identity 
        of the employee without the consent of the employee, unless the 
        Inspector General determines that such disclosure is 
        unavoidable during the course of the investigation or the 
        disclosure is made to an official of the Department of Justice 
        responsible for determining whether a prosecution should be 
        undertaken; and
            ``(B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint or disclosing such 
        information to the Inspector General may be taken by any 
        employee in a position to take such actions, unless the 
        complaint was made or the information was disclosed with the 
        knowledge that it was false or with willful disregard for its 
        truth or falsity.
    ``(4) The Inspector General shall have authority to administer to 
or take from any person an oath, affirmation, or affidavit, whenever 
necessary in the performance of the duties of the Inspector General, 
which oath, affirmation, or affidavit when administered or taken by or 
before an employee of the Office of the Inspector General of the 
Intelligence Community designated by the Inspector General shall have 
the same force and effect as if administered or taken by, or before, an 
officer having a seal.
    ``(5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of all 
information, documents, reports, answers, records, accounts, papers, 
and other data in any medium (including electronically stored 
information, as well as any tangible thing) and documentary evidence 
necessary in the performance of the duties and responsibilities of the 
Inspector General.
    ``(B) In the case of departments, agencies, and other elements of 
the United States Government, the Inspector General shall obtain 
information, documents, reports, answers, records, accounts, papers, 
and other data and evidence for the purpose specified in subparagraph 
(A) using procedures other than by subpoenas.
    ``(C) The Inspector General may not issue a subpoena for, or on 
behalf of, any component of the Office of the Director of National 
Intelligence or any element of the intelligence community, including 
the Office of the Director of National Intelligence.
    ``(D) In the case of contumacy or refusal to obey a subpoena issued 
under this paragraph, the subpoena shall be enforceable by order of any 
appropriate district court of the United States.
    ``(6) The Inspector General may obtain services as authorized by 
section 3109 of title 5, United States Code, at daily rates not to 
exceed the equivalent rate prescribed for grade 15 of the General 
Schedule (as described in section 5332 of title 5, United States Code).
    ``(7) The Inspector General may, to the extent and in such amounts 
as may be provided in appropriations, enter into contracts and other 
arrangements for audits, studies, analyses, and other services with 
public agencies and with private persons, and to make such payments as 
may be necessary to carry out the provisions of this section.
    ``(h) Coordination Among Inspectors General.--(1)(A) In the event 
of a matter within the jurisdiction of the Inspector General of the 
Intelligence Community that may be subject to an investigation, 
inspection, audit, or review by both the Inspector General of the 
Intelligence Community and an inspector general, whether statutory or 
administrative, with oversight responsibility for an element or 
elements of the intelligence community, the Inspector General of the 
Intelligence Community and such other inspector or inspectors general 
shall expeditiously resolve the question of which inspector general 
shall conduct such investigation, inspection, audit, or review to avoid 
unnecessary duplication of the activities of the Offices of the 
Inspectors General.
    ``(B) In attempting to resolve a question under subparagraph (A), 
the inspectors general concerned may request the assistance of the 
Intelligence Community Inspectors General Forum established under 
paragraph (2). In the event of a dispute between an inspector general 
within an agency or department of the United States Government and the 
Inspector General of the Intelligence Community that has not been 
resolved with the assistance of such Forum, the inspectors general 
shall submit the question to the Director of National Intelligence and 
the head of the affected agency or department for resolution.
    ``(2)(A) There is established the Intelligence Community Inspectors 
General Forum, which shall consist of all statutory or administrative 
inspectors general with oversight responsibility for an element or 
elements of the intelligence community.
    ``(B) The Inspector General of the Intelligence Community shall 
serve as the Chair of the Forum established under subparagraph (A). The 
Forum shall have no administrative authority over any inspector 
general, but shall serve as a mechanism for informing its members of 
the work of individual members of the Forum that may be of common 
interest and discussing questions about jurisdiction or access to 
employees, employees of contract personnel, records, audits, reviews, 
documents, recommendations, or other materials that may involve or be 
of assistance to more than 1 of its members.
    ``(3) The Inspector General conducting an investigation, 
inspection, audit, or review covered by paragraph (1) shall submit the 
results of such investigation, inspection, audit, or review to any 
other Inspector General, including the Inspector General of the 
Intelligence Community, with jurisdiction to conduct such 
investigation, inspection, audit, or review who did not conduct such 
investigation, inspection, audit, or review.
    ``(i) Counsel to the Inspector General.--The Inspector General of 
the Intelligence Community shall--
            ``(1) appoint a Counsel to the Inspector General who shall 
        report to the Inspector General; or
            ``(2) obtain the services of a counsel appointed by and 
        directly reporting to another Inspector General or the Council 
        of the Inspectors General on Integrity and Efficiency on a 
        reimbursable basis.
    ``(j) Staff and Other Support.--(1) The Director of National 
Intelligence shall provide the Inspector General of the Intelligence 
Community with appropriate and adequate office space at central and 
field office locations, together with such equipment, office supplies, 
maintenance services, and communications facilities and services as may 
be necessary for the operation of such offices.
    ``(2)(A) Subject to applicable law and the policies of the Director 
of National Intelligence, the Inspector General shall select, appoint, 
and employ such officers and employees as may be necessary to carry out 
the functions, powers, and duties of the Inspector General. The 
Inspector General shall ensure that any officer or employee so 
selected, appointed, or employed has security clearances appropriate 
for the assigned duties of such officer or employee.
    ``(B) In making selections under subparagraph (A), the Inspector 
General shall ensure that such officers and employees have the 
requisite training and experience to enable the Inspector General to 
carry out the duties of the Inspector General effectively.
    ``(C) In meeting the requirements of this paragraph, the Inspector 
General shall create within the Office of the Inspector General of the 
Intelligence Community a career cadre of sufficient size to provide 
appropriate continuity and objectivity needed for the effective 
performance of the duties of the Inspector General.
    ``(3) Consistent with budgetary and personnel resources allocated 
by the Director of National Intelligence, the Inspector General has 
final approval of--
            ``(A) the selection of internal and external candidates for 
        employment with the Office of the Inspector General; and
            ``(B) all other personnel decisions concerning personnel 
        permanently assigned to the Office of Inspector General, 
        including selection and appointment to the Senior Intelligence 
        Service, but excluding all security based determinations that 
        are not within the authority of a head of a component of the 
        Office of the Director of National Intelligence.
    ``(4)(A) Subject to the concurrence of the Director of National 
Intelligence, the Inspector General may request such information or 
assistance as may be necessary for carrying out the duties and 
responsibilities of the Inspector General from any department, agency, 
or other element of the United States Government.
    ``(B) Upon request of the Inspector General for information or 
assistance under subparagraph (A), the head of the department, agency, 
or element concerned shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or regulation of 
the department, agency, or element, furnish to the Inspector General, 
or to an authorized designee, such information or assistance.
    ``(C) The Inspector General of the Intelligence Community may, upon 
reasonable notice to the head of any element of the intelligence 
community and in coordination with that element's inspector general 
pursuant to subsection (h), conduct, as authorized by this section, an 
investigation, inspection, audit, or review of such element and may 
enter into any place occupied by such element for purposes of the 
performance of the duties of the Inspector General.
    ``(k) Reports.--(1)(A) The Inspector General of the Intelligence 
Community shall, not later than January 31 and July 31 of each year, 
prepare and submit to the Director of National Intelligence a 
classified, and, as appropriate, unclassified semiannual report 
summarizing the activities of the Office of the Inspector General of 
the Intelligence Community during the immediately preceding 6-month 
period ending December 31 (of the preceding year) and June 30, 
respectively. The Inspector General of the Intelligence Community shall 
provide any portion of the report involving a component of a department 
of the United States Government to the head of that department 
simultaneously with submission of the report to the Director of 
National Intelligence.
    ``(B) Each report under this paragraph shall include, at a minimum, 
the following:
            ``(i) A list of the title or subject of each investigation, 
        inspection, audit, or review conducted during the period 
        covered by such report.
            ``(ii) A description of significant problems, abuses, and 
        deficiencies relating to the administration of programs and 
        activities of the intelligence community within the 
        responsibility and authority of the Director of National 
        Intelligence, and in the relationships between elements of the 
        intelligence community, identified by the Inspector General 
        during the period covered by such report.
            ``(iii) A description of the recommendations for corrective 
        action made by the Inspector General during the period covered 
        by such report with respect to significant problems, abuses, or 
        deficiencies identified in clause (ii).
            ``(iv) A statement of whether or not corrective action has 
        been completed on each significant recommendation described in 
        previous semiannual reports, and, in a case where corrective 
        action has been completed, a description of such corrective 
        action.
            ``(v) A certification of whether or not the Inspector 
        General has had full and direct access to all information 
        relevant to the performance of the functions of the Inspector 
        General.
            ``(vi) A description of the exercise of the subpoena 
        authority under subsection (g)(5) by the Inspector General 
        during the period covered by such report.
            ``(vii) Such recommendations as the Inspector General 
        considers appropriate for legislation to promote economy, 
        efficiency, and effectiveness in the administration and 
        implementation of programs and activities within the 
        responsibility and authority of the Director of National 
        Intelligence, and to detect and eliminate fraud and abuse in 
        such programs and activities.
    ``(C) Not later than 30 days after the date of receipt of a report 
under subparagraph (A), the Director shall transmit the report to the 
congressional intelligence committees together with any comments the 
Director considers appropriate. The Director shall transmit to the 
committees of the Senate and of the House of Representatives with 
jurisdiction over a department of the United States Government any 
portion of the report involving a component of such department 
simultaneously with submission of the report to the congressional 
intelligence committees.
    ``(2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of particularly 
serious or flagrant problems, abuses, or deficiencies relating to 
programs and activities within the responsibility and authority of the 
Director of National Intelligence.
    ``(B) The Director shall transmit to the congressional intelligence 
committees each report under subparagraph (A) within 7 calendar days of 
receipt of such report, together with such comments as the Director 
considers appropriate. The Director shall transmit to the committees of 
the Senate and of the House of Representatives with jurisdiction over a 
department of the United States Government any portion of each report 
under subparagraph (A) that involves a problem, abuse, or deficiency 
related to a component of such department simultaneously with 
transmission of the report to the congressional intelligence 
committees.
    ``(3) 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, audit, or review 
        carried out by the Inspector General focuses on any current or 
        former intelligence community official who--
                    ``(i) holds or held a position in an element of the 
                intelligence community that is subject to appointment 
                by the President, whether or not by and with the advice 
                and consent of the Senate, including such a position 
                held on an acting basis;
                    ``(ii) holds or held a position in an element of 
                the intelligence community, including a position held 
                on an acting basis, that is appointed by the Director 
                of National Intelligence; or
                    ``(iii) holds or held a position as head of an 
                element of the intelligence community or a position 
                covered by subsection (b) or (c) of section 106;
            ``(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, 
        audit, or review,
the Inspector General shall immediately notify, and submit a report to, 
the congressional intelligence committees on such matter.
    ``(4) Pursuant to title V, the Director shall submit to the 
congressional intelligence committees any report or findings and 
recommendations of an investigation, inspection, audit, or review 
conducted by the office which has been requested by the Chairman or 
Vice Chairman or Ranking Minority Member of either committee.
    ``(5)(A) An employee of an element of the intelligence community, 
an employee assigned or detailed to an element of the intelligence 
community, or an employee of contract personnel to the intelligence 
community who intends to report to Congress a complaint or information 
with respect to an urgent concern may report such complaint or 
information to the Inspector General.
    ``(B) Not later than the end of the 14-calendar-day period 
beginning on the date of receipt from an employee of a complaint or 
information under subparagraph (A), the Inspector General shall 
determine whether the complaint or information appears credible. Upon 
making such a determination, the Inspector General shall transmit to 
the Director a notice of that determination, together with the 
complaint or information.
    ``(C) Upon receipt of a transmittal from the Inspector General 
under subparagraph (B), the Director shall, within 7 calendar days of 
such receipt, forward such transmittal to the congressional 
intelligence committees, together with any comments the Director 
considers appropriate.
    ``(D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or information to 
the Director in accurate form under subparagraph (B), the employee 
(subject to clause (ii)) may submit the complaint or information to 
Congress by contacting either or both of the congressional intelligence 
committees directly.
    ``(ii) An employee may contact the intelligence committees directly 
as described in clause (i) only if the employee--
            ``(I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of the 
        employee's complaint or information and notice of the 
        employee's intent to contact the congressional intelligence 
        committees directly; and
            ``(II) obtains and follows from the Director, through the 
        Inspector General, direction on how to contact the 
        congressional intelligence committees in accordance with 
        appropriate security practices.
    ``(iii) A member or employee of one of the congressional 
intelligence committees who receives a complaint or information under 
clause (i) does so in that member or employee's official capacity as a 
member or employee of such committee.
    ``(E) The Inspector General shall notify an employee who reports a 
complaint or information to the Inspector General under this paragraph 
of each action taken under this paragraph with respect to the complaint 
or information. Such notice shall be provided not later than 3 days 
after any such action is taken.
    ``(F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
    ``(G) In this paragraph, the term `urgent concern' means any of the 
following:
            ``(i) A serious or flagrant problem, abuse, violation of 
        law or Executive order, or deficiency relating to the funding, 
        administration, or operation of an intelligence activity within 
        the responsibility and authority of the Director of National 
        Intelligence involving classified information, but does not 
        include differences of opinions concerning public policy 
        matters.
            ``(ii) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation of an 
        intelligence activity.
            ``(iii) An action, including a personnel action described 
        in section 2302(a)(2)(A) of title 5, United States Code, 
        constituting reprisal or threat of reprisal prohibited under 
        subsection (f)(3)(B) of this section in response to an 
        employee's reporting an urgent concern in accordance with this 
        paragraph.
    ``(H) In support of this paragraph, Congress makes the findings set 
forth in paragraphs (1) through (6) of section 701(b) of the 
Intelligence Community Whistleblower Protection Act of 1998 (title VII 
of Public Law 105-272; 5 U.S.C. App. 8H note).
    ``(I) Nothing in this section shall be construed to limit the 
protections afforded to an employee under the Intelligence Community 
Whistleblower Protection Act of 1988 (title VII of Public Law 105-272, 
5 U.S.C. App. 8H note).
    ``(6) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall expeditiously report to the Attorney 
General any information, allegation, or complaint received by the 
Inspector General relating to violations of Federal criminal law that 
involves a program or operation of an element of the intelligence 
community, or in the relationships between the elements of the 
intelligence community, consistent with such guidelines as may be 
issued by the Attorney General pursuant to subsection (b)(2) of such 
section. A copy of each such report shall be furnished to the Director.
    ``(l) Construction of Duties Regarding Elements of Intelligence 
Community.--Except as resolved pursuant to subsection (h), the 
performance by the Inspector General of the Intelligence Community of 
any duty, responsibility, or function regarding an element of the 
intelligence community shall not be construed to modify or affect the 
duties and responsibilities of any other Inspector General, whether 
statutory or administrative, having duties and responsibilities 
relating to such element.
    ``(m) Separate Budget Account.--The Director of National 
Intelligence shall, in accordance with procedures to be issued by the 
Director in consultation with the congressional intelligence 
committees, include in the National Intelligence Program budget a 
separate account for the Office of Inspector General of the 
Intelligence Community.
    ``(n) Budget.--(1) For each fiscal year, the Inspector General of 
the Intelligence Community shall transmit a budget estimate and request 
to the Director of National Intelligence that specifies for such fiscal 
year--
            ``(A) the aggregate amount requested for the operations of 
        the Inspector General;
            ``(B) the amount requested for all training requirements of 
        the Inspector General, including a certification from the 
        Inspector General that the amount requested is sufficient to 
        fund all training requirements for the Office of the Inspector 
        General; and
            ``(C) the amount requested to support the Council of the 
        Inspectors General on Integrity and Efficiency, including a 
        justification of such amount.
    ``(2) In transmitting a proposed budget to the President for a 
fiscal year, the Director of National Intelligence shall include for 
such fiscal year--
            ``(A) the aggregate amount requested for the Inspector 
        General of the Intelligence Community;
            ``(B) the amount requested by the Inspector General for 
        training;
            ``(C) the amounts requested to support of the Council of 
        the Inspectors General on Integrity and Efficiency; and
            ``(D) the comments of the Inspector General, if any, with 
        respect to the proposal.
    ``(3) The Director of National Intelligence shall submit to the 
congressional intelligence committees, the Committee on Appropriations 
of the Senate, and the Committee on Appropriations of the House of 
Representatives for each fiscal year--
            ``(A) a separate statement of the budget estimate 
        transmitted pursuant to paragraph (1);
            ``(B) the amount requested by the Director for the 
        Inspector General pursuant to paragraph (2);
            ``(C) the amount requested by the Director for training for 
        personnel of the Office of the Inspector General;
            ``(D) the amount requested by the Director for support for 
        the Council of the Inspectors General on Integrity and 
        Efficiency; and
            ``(E) the comments of the Inspector General, if any, on the 
        amount requested pursuant to paragraph (2), including whether 
        such amount would substantially inhibit the Inspector General 
        from performing the duties of the Office of the Inspector 
        General.''.
            (2) Table of contents amendment.--The table of contents in 
        the first section of the National Security Act of 1947 is 
        amended by inserting after the item relating to section 103G 
        the following new item:

``Sec. 103H. Inspector General of the Intelligence Community.''.
    (b) Pay of Inspector General.--Subparagraph (A) of section 4(a)(3) 
of the Inspector General Reform Act of 2008 (Public Law 110-409; 5 
U.S.C. App. note) is amended by inserting ``the Inspector General of 
the Intelligence Community,'' after ``basic pay of''.
    (c) Construction.--Nothing in the amendment made by subsection 
(a)(1) shall be construed to alter the duties and responsibilities of 
the General Counsel of the Office of the Director of National 
Intelligence. The Counsel to the Inspector General of the Intelligence 
Community appointed pursuant to section 103H(i) of the National 
Security Act of 1947 (50 U.S.C. 402 et seq.), as added by subsection 
(a)(1), shall perform the functions as such Inspector General may 
prescribe.
    (d) Repeal of Superseded Authority To Establish Position.--
            (1) In general.--Section 8K of the Inspector General Act of 
        1978 (5 U.S.C. App.) shall be repealed on the date that the 
        President nominates the first individual to serve as Inspector 
        General for the Intelligence Community pursuant to section 103H 
        of the National Security Act of 1947, as added by subsection 
        (a).
            (2) Transition.--Notwithstanding the repeal of section 8K 
        of the Inspector General Act of 1978 (5 U.S.C. App.) pursuant 
        to paragraph (1), the individual serving as Inspector General 
        pursuant to such section 8K may continue such service until an 
        individual is appointed as the Inspector General of the 
        Intelligence Community, by and with the advice and consent of 
        the Senate, pursuant to such section 103H and assumes the 
        duties of that position.

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

    (a) Establishment.--Title I of the National Security Act of 1947 
(50 U.S.C. 402 et seq.), as amended by section 407 of this Act, is 
further amended by inserting after section 103H, as added by section 
407(a)(1), the following new section:

        ``chief financial officer of the intelligence community

    ``Sec. 103I.  (a) Chief Financial Officer of the Intelligence 
Community.--To assist the Director of National Intelligence in carrying 
out the responsibilities of the Director under this Act and other 
applicable provisions of law, there shall be within the Office of the 
Director of National Intelligence a Chief Financial Officer of the 
Intelligence Community who shall be appointed by the Director.
    ``(b) Duties and Responsibilities.--Subject to the direction of the 
Director of National Intelligence, the Chief Financial Officer of the 
Intelligence Community shall--
            ``(1) serve as the principal advisor to the Director of 
        National Intelligence and the Principal Deputy Director of 
        National Intelligence on the management and allocation of 
        intelligence community budgetary resources;
            ``(2) establish and oversee a comprehensive and integrated 
        strategic process for resource management within the 
        intelligence community;
            ``(3) ensure that the strategic plan of the Director of 
        National Intelligence--
                    ``(A) is based on budgetary constraints as 
                specified in the Future Year Intelligence Plans and 
                Long-term Budget Projections required by this Act; and
                    ``(B) contains specific goals and objectives to 
                support a performance-based budget;
            ``(4) ensure that--
                    ``(A) current and future major system acquisitions 
                have validated national requirements for meeting the 
                strategic plan of the Director; and
                    ``(B) such requirements are prioritized based on 
                budgetary constraints, as specified in the Future Year 
                Intelligence Plans and the Long-term Intelligence 
                Projections required by this Act;
            ``(5) prior to the obligation or expenditure of funds for 
        the acquisition of any major system pursuant to a Milestone A 
        or Milestone B decision, determine that such acquisition 
        complies with the requirements of paragraph (4);
            ``(6) ensure that the architectures of the Director are 
        based on budgetary constraints as specified in the Future Year 
        Intelligence Plans and the Long-term Budget Projections 
        required by this Act;
            ``(7) coordinate or approve representations made to 
        Congress by the intelligence community regarding National 
        Intelligence Program budgetary resources;
            ``(8) preside, or assist in presiding, over any mission 
        requirements, acquisition, or architectural board formed within 
        or by the Office of the Director of National Intelligence; and
            ``(9) perform such other duties as may be prescribed by the 
        Director of National Intelligence or specified by law.
    ``(c) Other Law.--The Chief Financial Officer of the Intelligence 
Community shall serve as the Chief Financial Officer of the 
intelligence community and, to the extent applicable, shall have the 
duties, responsibilities, and authorities specified in the Chief 
Financial Officers Act of 1990 (Public Law 101-576; 104 Stat. 2823) and 
the amendments made by that Act.
    ``(d) Prohibition on Simultaneous Service as Other Chief Financial 
Officer.--An individual serving in the position of Chief Financial 
Officer of the Intelligence Community may not, while so serving, serve 
as the chief financial officer of any other department or agency, or 
component thereof, of the United States Government.
    ``(e) Definitions.--In this section:
            ``(1) The term `major system' has the meaning given that 
        term in section 4 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 403).
            ``(2) The term `Milestone A' means a decision to enter into 
        concept refinement and technology maturity demonstration 
        pursuant to guidance issued by the Director of National 
        Intelligence.
            ``(3) The term `Milestone B' means a decision to enter into 
        system development, integration, and demonstration pursuant to 
        guidance prescribed by the Director of National 
        Intelligence.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the National Security Act of 1947, as amended by section 406, is 
further amended by inserting after the item relating to section 103H, 
as added by section 407(a)(2) the following new item:

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

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

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

SEC. 410. NATIONAL SPACE INTELLIGENCE OFFICE.

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

                  ``national space intelligence office

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

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

SEC. 411. 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:

     ``operational files in the office of the director of national 
                              intelligence

    ``Sec. 706.  (a) Records From Exempted Operational Files.--(1) Any 
record disseminated or otherwise provided to 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 
substantially 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 a component 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 for 
        any impropriety or violation of law, Executive order, or 
        Presidential directive, in the conduct of an intelligence 
        activity by any of the following:
                    ``(A) The Select Committee on Intelligence of the 
                Senate.
                    ``(B) The Permanent Select Committee on 
                Intelligence of the House of Representatives.
                    ``(C) The Intelligence Oversight Board.
                    ``(D) The Department of Justice.
                    ``(E) The Office of the Director of National 
                Intelligence.
                    ``(F) The Office of the Inspector General of the 
                Intelligence Community.
    ``(d) Decennial Review of Exempted Operational Files.--(1) Not less 
than once every 10 years, the Director of National Intelligence shall 
review the operational files exempted under subsection (a) to determine 
whether such files, or any portion of such files, may be removed from 
the category of exempted files.
    ``(2) The review required by paragraph (1) shall include 
consideration of the historical value or other public interest in the 
subject matter of the particular category of files or portions thereof 
and the potential for declassifying a significant part of the 
information contained therein.
    ``(3) A complainant that alleges that the Director of National 
Intelligence has improperly withheld records because of failure to 
comply with this subsection may seek judicial review in the district 
court of the United States of the district in which any of the parties 
reside, or in the District of Columbia. In such a proceeding, the 
court's review shall be limited to determining the following:
            ``(A) Whether the Director has conducted the review 
        required by paragraph (1) before the expiration of the 10-year 
        period beginning on the date of the enactment of the 
        Intelligence Authorization Act for Fiscal Year 2010 or before 
        the expiration of the 10-year period beginning on the date of 
        the most recent review.
            ``(B) Whether the Director of National Intelligence, in 
        fact, considered the criteria set forth in paragraph (2) in 
        conducting the required review.
    ``(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 shall 
publish a regulation listing the specific components within the Office 
of the Director of National Intelligence from which records may 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 (a).
            ``(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 subparagraph (C) or (D), a party 
        may not obtain discovery pursuant to rules 26 through 36 of the 
        Federal Rules of Civil Procedure, except that requests for 
        admissions may be made pursuant to rules 26 and 36.
            ``(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. 412. COUNTERINTELLIGENCE INITIATIVES FOR THE INTELLIGENCE 
              COMMUNITY.

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

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

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

SEC. 414. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY 
              COMMITTEES OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
              INTELLIGENCE.

    (a) In General.--Section 4(b) of the Federal Advisory Committee Act 
(5 U.S.C. App.) is amended--
            (1) in paragraph (1), by striking ``or'';
            (2) in paragraph (2), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the Office of the Director of National 
        Intelligence.''.
    (b) Annual Report.--The Director of National Intelligence and the 
Director of the Central Intelligence Agency shall each submit to the 
congressional intelligence committees an annual report on advisory 
committees created by each such Director. Each report shall include--
            (1) a description of each such advisory committee, 
        including the subject matter of the committee; and
            (2) a list of members of each such advisory committee.

SEC. 415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE 
              TRANSPORTATION SECURITY OVERSIGHT BOARD.

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

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

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

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

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

                Subtitle B--Central Intelligence Agency

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

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

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

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

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

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

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

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

``Sec. 104B. Deputy Director of the Central Intelligence Agency.''.
    (b) Executive Schedule III.--Section 5314 of Title 5, United States 
Code, is amended by striking the item relating to the Deputy Directors 
of the Central Intelligence Agency (2) and inserting the following:
``Deputy Director of the Central Intelligence Agency.''.
    (c) Effective Date and Applicability.--The amendment made by 
subsection (a) shall take effect on the date of the enactment of this 
Act and shall apply upon the earlier of--
            (1) the date of the appointment by the President of an 
        individual to serve as Deputy Director of the Central 
        Intelligence Agency, except that the individual 
        administratively performing the duties of the Deputy Director 
        of the Central Intelligence Agency as of the date of the 
        enactment of this Act may continue to perform such duties until 
        the individual appointed to the position of Deputy Director of 
        the Central Intelligence Agency, by and with the advice and 
        consent of the Senate, assumes the duties of such position; or
            (2) the date of the cessation of the performance of the 
        duties of Deputy Director of the Central Intelligence Agency by 
        the individual administratively performing such duties as of 
        the date of the enactment of this Act.

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

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

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

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

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

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

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

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

              Subtitle C--Defense Intelligence Components

SEC. 431. INSPECTOR GENERAL MATTERS.

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

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

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

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

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

SEC. 434. DEFENSE INTELLIGENCE AGENCY COUNTERINTELLIGENCE AND 
              EXPENDITURES.

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

                       Subtitle D--Other Elements

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    ``(a) Governance Board.--
            ``(1) Establishment.--There is hereby established the 
        Diplomatic Telecommunications Service Governance Board 
        (hereinafter in this subtitle referred to as the `Governance 
        Board') for the purpose of directing and overseeing the 
        activities and performance of the DTS Program Office. The heads 
        of the departments and agencies, designated by the Director of 
        the Office of Management and Budget from among the departments 
        and agencies that use the DTS Network, shall appoint the 
        members of the Governance Board from the personnel of those 
        departments and agencies so designated.
            ``(2) Designation of an executive agent.--The Director of 
        the Office of Management and Budget shall also designate, from 
        among the departments and agencies that use the DTS Network, 
        the department or agency which shall be the DTS-PO Executive 
        Agent.
            ``(3) Requirement for implementing arrangements.--Subject 
        to the requirements of this subtitle, the Governance Board 
        shall determine the written implementing arrangements and other 
        relevant and appropriate governance processes and procedures to 
        manage, oversee, resource or otherwise administer DTS-PO. Such 
        implementing arrangements may be classified if appropriate in 
        accordance with criteria established by applicable law or 
        Executive Orders.
    ``(b) Membership.--
            ``(1) In general.--
                    ``(A) The Governance Board shall include voting 
                members and nonvoting members.
                    ``(B) The voting members shall consist of a Chair, 
                who shall be designated by the Director of the Office 
                of Management and Budget, and four other members from 
                the departments and agencies that use the DTS Network.
                    ``(C) The non-voting members shall be 
                representative of DTS customer organizations and shall 
                act in an advisory capacity.
    ``(c) Chair Duties and Authorities.--The Governance Board Chair 
shall preside over all meetings and deliberations of the Governance 
Board and provide its Secretariat functions. The Governance Board Chair 
shall propose bylaws governing the operation of the Governance Board.
    ``(d) Quorum, Decisions, Meetings.--A quorum of the Governance 
Board shall consist of the presence of the Chair and four voting 
members. The decisions of the Governance Board shall require a three-
fifths majority of the voting membership. Meetings will be convened at 
least four times each year to carry out its functions. The Chair or any 
voting member may convene a meeting of the Governance Board.
    ``(e) Governance Board Duties and Authorities.--The Governance 
Board shall have the following duties and authorities with respect to 
DTS-PO, in addition to any other duties and authorities granted to the 
Board pursuant to law:
            ``(1) To approve and monitor DTS-PO's plans, services, 
        priorities, policies, and pricing methodology for bandwidth 
        costs and customer-driven projects.
            ``(2) To recommend to the DTS-PO Executive Agent the 
        Governance Board's approval, disapproval, or modification of 
        DTS-PO's annual budget requests.
            ``(3) To review DTS-PO's performance against approved 
        plans, its management activities and internal controls.
            ``(4) To require from DTS-PO any plans, reports, documents 
        and records the Governance Board considers necessary to perform 
        its oversight responsibilities.
            ``(5) To conduct and evaluate independent audits of DTS-PO.
            ``(6) To approve or disapprove the Executive Agent's 
        nomination of the Director of DTS-PO with a three-fifths 
        majority vote of the Governance Board.
            ``(7) To recommend to the Executive Agent the replacement 
        of the Director of DTS-PO with a three-fifths majority vote of 
        the Governance Board.
    ``(f) National Security Interests.--The Governance Board shall 
ensure that those enhancements of, and the provision of service for, 
telecommunication capabilities that involve the national security 
interests of the United States receive the highest prioritization.

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

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for the operations, 
maintenance, development, enhancement, modernization, and investment 
costs of the DTS Network and DTS-PO. Funds appropriated for allocation 
to DTS-PO shall be made available to DTS-PO for a period of two fiscal 
years.
    ``(b) Customer Fees.--DTS-PO shall charge customers for only those 
bandwidth costs attributable to the agency or department and for 
specific customer-driven projects, as set forth in section 322(e)(1), 
for which amounts have not been appropriated for allocation to DTS-PO. 
DTS-PO is authorized to directly receive customer payments and to 
invoice customers for the fees under this section either in advance of, 
or upon or after, providing the bandwidth or performing the specific 
customer-driven projects. Such funds received from DTS customers shall 
be made available to DTS-PO for a period of two fiscal years.''.
            (2) Table of contents amendment.--The table of contents in 
        section 1 of the Intelligence Authorization Act for Fiscal Year 
        2001 (Public Law 106-567) is amended by striking the items 
        relating to sections 321, 322, 323, and 324 and inserting the 
        following:

``Sec. 321. Diplomatic Telecommunications Service Program Office.
``Sec. 322. Establishment of the Diplomatic Telecommunications Service 
                            Governance Board.
``Sec. 323. Funding of the Diplomatic Telecommunication Service.''.
    (b) Conforming Amendments.--
            (1) Repeal of suspension of reorganization.--The 
        Intelligence Authorization Act for Fiscal Year 2002 (Public Law 
        107-108; 22 U.S.C. 7301 note) is amended by striking section 
        311.
            (2) Repeal of reform.--The Admiral James W. Nance and Meg 
        Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
        and 2001 ((as enacted into law by section 1000(a)(7) of Public 
        Law 106-113 and contained in appendix G of that Act; 113 Stat. 
        1501A-405)) is amended by striking section 305.
            (3) Repeal of reporting requirements.--Section 507(b) of 
        the National Security Act of 1947 (50 U.S.C. 415b(b)) is 
        amended--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (3), (4), and (5), respectively.

     TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT

SEC. 601. SHORT TITLE.

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

SEC. 602. DEFINITIONS.

    In this title:
            (1) 2005 national intelligence strategy.--The term ``2005 
        National Intelligence Strategy'' means the National 
        Intelligence Strategy of the United States of America released 
        by the Director of National Intelligence on October 26, 2005.
            (2) 2006 annual report of the united states intelligence 
        community and 2006 annual report.--The terms ``2006 Annual 
        Report of the United States Intelligence Community'' and ``2006 
        Annual Report'' mean the 2006 Annual Report of the United 
        States Intelligence Community released by the Director of 
        National Intelligence in February 2007.
            (3) Commission.--The term ``Commission'' means the Foreign 
        Intelligence and Information Commission established in section 
        604(a).
            (4) Foreign intelligence, intelligence.--The terms 
        ``foreign intelligence'' and ``intelligence'' have the meaning 
        given those terms in section 3 of the National Security Act of 
        1947 (50 U.S.C. 401a).
            (5) Information.--The term ``information'' includes 
        information of relevance to the foreign policy of the United 
        States collected and conveyed through diplomatic reporting and 
        other reporting by personnel of the Government of the United 
        States who are not employed by an element of the intelligence 
        community, including public and open-source information.
            (6) Strategic plan of the department of state.--The term 
        ``Strategic Plan of the Department of State'' means the 
        Strategic Plan for Fiscal Years 2007-2012 of the Department of 
        State and the United States Agency for International 
        Development revised on May 7, 2007.

SEC. 603. FINDINGS.

    Congress makes the following findings:
            (1) Accurate, timely, and comprehensive foreign 
        intelligence and information are critical to the national 
        security of United States and the furtherance of the foreign 
        policy goals of the United States.
            (2) It is in the national security and foreign policy 
        interest of the United States to ensure the global deployment 
        of personnel of the Government of the United States who are 
        responsible for collecting and reporting foreign intelligence 
        and information, including personnel from the intelligence 
        community, the Department of State, and other agencies and 
        departments of the Government of the United States, and that 
        adequate resources are committed to effect such collection and 
        reporting.
            (3) The 2005 National Intelligence Strategy and the 2006 
        Annual Report of the United States Intelligence Community 
        identified 5 major missions of the intelligence community to 
        support the national security requirements of the United 
        States, the first 2 of which, defeating terrorism and 
        preventing and countering the spread of weapons of mass 
        destruction, are global and transnational in nature.
            (4) The third major mission identified by the 2005 National 
        Intelligence Strategy and the 2006 Annual Report, bolstering 
        the growth of democracy and sustaining peaceful democratic 
        states, requires a global commitment of collection, reporting, 
        and analytical capabilities.
            (5) The 2005 National Intelligence Strategy and the 2006 
        Annual Report identify as a major mission the need to 
        ``anticipate developments of strategic concern and identify 
        opportunities as well as vulnerabilities for decision makers''.
            (6) The 2006 Annual Report provides the following:
                    (A) ``In a world in which developments in distant 
                reaches of the globe can quickly affect American 
                citizens and interests at home and abroad, the 
                Intelligence Community must alert policy makers to 
                problems before they escalate and provide insights into 
                their causes and effects. Analysis must do more than 
                just describe what is happening and why; it must 
                identify a range of opportunities for (and likely 
                consequences of) diplomatic, military, law enforcement, 
                economic, financial, or homeland security action. To 
                support policymakers, the Intelligence Community should 
                develop, sustain, and maintain access to expertise on 
                every region, every transnational security issue, and 
                every threat to the American people.''.
                    (B) ``We still need to re-balance, integrate, and 
                optimize collection capabilities to meet current and 
                future customer and analytic priorities. Collection is 
                . . . what gives the [Intelligence Community] its 
                `competitive advantage' in protecting the United States 
                and its interests.''.
                    (C) ``One challenge to improving the coverage of 
                emerging and strategic issues across the Intelligence 
                Community has been the diversion of resources to 
                current crisis support . . .''.
                    (D) ``Collection against terrorists in places like 
                Iraq and Afghanistan took a substantial share of the 
                [Intelligence Community's] resources and efforts in FY 
                2006.''.
                    (E) ``With so many [Intelligence Community] 
                resources dedicated to the War on Terror and WMD 
                programs in closed regimes, the [Intelligence] 
                Community's collection efforts still have to devote 
                significant attention to potential or emerging threats 
                of strategic consequence.''.
            (7) On January 23, 2007, the Deputy Director of National 
        Intelligence for Collection testified to the Select Committee 
        on Intelligence of the Senate that there is a ``need to get the 
        Intelligence Community back to what I grew up calling global 
        reach'', stating that ``we don't have that today''. She further 
        testified that ``our challenge is . . . with [Congress] help 
        [to get back] to a place where we can do global reach, and pay 
        attention to places that we are not.''.
            (8) On February 14, 2008, the Director of National 
        Intelligence testified to the Select Committee on Intelligence 
        of the Senate that ``certainly current crisis support takes a 
        disproportionate share'' of intelligence resources over 
        emerging and strategic issues.
            (9) In responses to questions posed by the Select Committee 
        on Intelligence of the Senate in advance of the February 5, 
        2009 hearing on the nomination of Leon Panetta to be Director 
        of the Central Intelligence Agency, Mr. Panetta stated that ``I 
        am also concerned that we have not devoted sufficient resources 
        to a broader set of national intelligence challenges - such as 
        Russia, China, the global economic downturn, as well as 
        unstable and weak governments in places such as Africa and 
        Latin America.''.
            (10) On February 12, 2009, the Director of National 
        Intelligence testified to the Select Committee on Intelligence 
        of the Senate that ``I'd say the most significant gaps are the 
        areas that are not traditional state threats, that we have not 
        figured out the right way to collect information and we have 
        not grown the analysts to do it. . .. We're not as good with 
        non-state actors.''.
            (11) On March 26, 2009, the Director of National 
        Intelligence stated that ``We re-evaluate that National 
        Intelligence Priority Framework formally ever six months and 
        informally, as we have. And its quite remarkable, if you - you 
        know those time-lapse pictures where things change? If you 
        showed a time-lapse picture of that National Intelligence 
        Priority Framework, you'd see, sort of, colors shifting over 
        time as things came up, in terms of their threat or in terms of 
        an opportunity that they - so I just, I think it's a mistake to 
        tie us down to, this is my important priority. There are 
        enduring things we have to spend a lot of time on because you 
        can't instantly generate intelligence about a country that's 
        very good at keeping its secrets that you know is going to be a 
        factor for a long time. And we have to work on those - we have 
        to work on those every time. We have to keep an excellent 
        baseline understanding of what's going on in the world, but 
        then we need to be able to flex.''.
            (12) The National Commission on Terrorist Attacks Upon the 
        United States (hereinafter referred to as the ``9/11 
        Commission'') reported that ``To find sanctuary, terrorist 
        organizations have fled to some of the least governed, most 
        lawless places in the world. The intelligence community has 
        prepared a world map that highlights possible terrorist havens, 
        using no secret intelligence - just indicating areas that 
        combine rugged terrain, weak governance, room to hide or 
        receive supplies, and low population density with a town or 
        city near enough to allow necessary interaction with the 
        outside world. Large areas scattered around the world meet 
        these criteria.''.
            (13) The 9/11 Commission recommended that the ``U.S. 
        government must identify and prioritize actual or potential 
        terrorist sanctuaries. For each, it should have a realistic 
        strategy to keep possible terrorists insecure and on the run, 
        using all elements of national power. We should reach out, 
        listen to, and work with other countries that can help.''.
            (14) On May 6, 2008, the Acting Director of the National 
        Counterterrorism Center testified to the Select Committee on 
        Intelligence of the Senate that ``I wish I had more resources 
        to dedicate to longer-term threats, absolutely,'' that ``much 
        of the information about the instability that can lead to safe 
        havens or ideological radicalization comes not from covert 
        collection but from open collection, best done by Foreign 
        Service officers,'' and that there should be ways to direct 
        resources toward whoever is best positioned to learn about 
        safe-haven conditions.
            (15) On November 1, 2005, the Director of National 
        Intelligence Open Source Center was established with functions 
        that ``include collection, analysis and research, training, and 
        information technology management to facilitate government-wide 
        access and use'' of openly available information.
            (16) The Strategic Plan of the Department of State provides 
        as a strategic goal that ``Our diplomatic and development 
        activities will reduce the threat or impact of violent conflict 
        by developing early warning . . . capability.''.
            (17) On January 22, 2009, James Steinberg, a nominee to be 
        Deputy Secretary of State, testified to the Committee on 
        Foreign Relations of the Senate that ``if we're going to be 
        effective in this move towards smart power, then we have to 
        understand how we reprioritize our resources to be able to 
        achieve that. . . If we only think about the crisis of the 
        moment, then we're not prepared as new challenges emerge. And 
        we've seen this time and time again, that issues that were not 
        immediately on the radar screen don't get the attention they 
        deserve. . .. So the idea of looking forward and trying to 
        figure out over the long term where our priorities need to be, 
        how do we anticipate some of these challenges, and then judge 
        how we have sort of assigned resources to take care of not only 
        those current needs but also those long-term challenges I think 
        has to be very important and part of a strategic planning 
        strategy. . . although we have a very strong intelligence 
        community, that there is a tremendous resource of people who've 
        lived and worked out in the countries that we're dealing with 
        and that, for a variety of reasons, the intelligence community 
        is not always the best equipped to do that. They bring their 
        own special skills. But the Foreign Service officers, and also 
        people from outside the government, are enormous sources of 
        information and value. And we need to find better ways, in my 
        judgment, to have more contact with people in the private 
        sector, from the NGOs, from the business community, from 
        universities and the like, as part of our being able to touch 
        and feel what's going on the ground.''.
            (18) On January 22, 2009, Jacob Lew, a nominee to be Deputy 
        Secretary of State, testified to the Committee on Foreign 
        Relations of the Senate that ``I believe strongly that 
        resources have to follow priorities. The decision of where we 
        need to be and what kinds of skills we need have to fit into a 
        comprehensive strategy. . .. We need to work with our other 
        Cabinet agency partners. There are 20 government agencies that 
        have resources that work in or through our embassies. We don't 
        need to recreate the wheel; we need to cooperate with each 
        other and make sure that we have enough Foreign Service, civil 
        service and locally engaged staff so that we can effectively 
        coordinate the efforts that the United States puts on the 
        ground. I think that it all begins with the strategic planning 
        process. If we don't have a clear vision of what we need and 
        what we want, were not going to be able to make the right 
        resource allocation decisions. And we have to be able to look 
        beyond this week, next week, or even next year. . .. We need to 
        reach not just into the building but all the way into the field 
        and make it clear that we have every intention of bringing the 
        resources of the State Department to bear as we deal with these 
        kinds of problems and challenges abroad, that we have knowledge 
        in our embassies, in our consulates, about a range of issues, 
        not just political issues -- economic issues, scientific 
        issues, cultural issues -- that give us the broadest 
        understanding of what's going on in an increasingly global 
        world.''.
            (19) The Legal Attache offices and sub-offices of the 
        Federal Bureau of Investigation are currently located in 75 
        cities around the world, providing coverage for more than 200 
        countries, territories, and islands.
            (20) On October 4, 2007, Thomas V. Fuentes, Assistant 
        Director of the Federal Bureau of Investigation for Office of 
        International Operations, testified to the Subcommittee on 
        Border, Maritime, and Global Counterterrorism of the Committee 
        on Homeland Security of the House of Representatives that the 
        ``core mission'' of the Legal Attache offices ``is to establish 
        and maintain liaison with principal law enforcement and 
        security services in designated foreign countries. . . 
        enabl[ing] the FBI to effectively and expeditiously conduct its 
        responsibilities in combating international terrorism, 
        organized crime, cyber crime, and general criminal matters,'' 
        and that while ``they do not conduct foreign intelligence 
        gathering,'' ``typical duties'' include . . . ``conducting 
        investigations in coordination with the host government; 
        sharing investigative leads and information; briefing Embassy 
        counterparts from other agencies, including law enforcement 
        agencies, as appropriate, and Ambassadors. . . providing 
        situation reports concerning cultural protocol; [and] assessing 
        political and security climates.''.
            (21) The July 2008 Preliminary Findings by the Project on 
        National Security Reform, entitled ``Enduring Security in an 
        Unpredictable World: the Urgent Need for National Security 
        Reform,'' included the following:
                    (A) The lack of a national security strategy that 
                clearly links ends, ways, and means and assigned roles 
                and responsibilities to each department has encouraged 
                a proliferation of department-level strategies. These 
                department strategies are uncoordinated and do not 
                systematically generate capabilities required for 
                national objectives
                    (B) The resource allocation process is not driven 
                by any overall national plan or strategy for achieving 
                broad objectives, and the results or effectiveness of 
                the budgeting process cannot be measured against such 
                objectives.
                    (C) The national security system tends to 
                overemphasize traditional security threats and under 
                emphasize emerging challenges.

SEC. 604. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.

    (a) Establishment.--There is established in the legislative branch 
a Foreign Intelligence and Information Commission.
    (b) Functions.--The Commission shall--
            (1) evaluate any current processes or systems for the 
        strategic integration of the intelligence community, including 
        the Open Source Center, and other elements of the United States 
        Government, including the Department of State, with regard to 
        the collection, reporting and analysis of foreign intelligence 
        and information;
            (2) provide recommendations to improve or develop such 
        processes or systems to include the development of an inter-
        agency strategy that identifies--
                    (A) the collection, reporting, and analysis 
                requirements of the United States Government;
                    (B) the elements of the United States Government 
                best positioned to meet collection and reporting 
                requirements;
                    (C) collection and reporting missions for the 
                intelligence community and other elements of the United 
                States Government based on the requirements of the 
                United States Government, comparative institutional 
                advantages, and other relevant factors;
                    (D) analytical capabilities needed to achieve the 
                requirements of the United States Government; and
                    (E) inter-agency budget and resource allocations 
                necessary to achieve such collection, reporting, and 
                analytical requirements;
            (3) evaluate the extent to which current intelligence 
        collection, reporting, and analysis strategies are aimed at 
        providing global coverage and anticipating future threats, 
        challenges, and crises;
            (4) provide recommendations on how to incorporate into the 
        inter-agency strategy the means to anticipate future threats, 
        challenges, and crises, including by identifying and supporting 
        collection, reporting, and analytical capabilities which are 
        global in scope and which are directed at emerging, long-term, 
        and strategic targets;
            (5) provide recommendations on strategies for sustaining 
        human and budgetary resources to effect the global collection 
        and reporting missions identified in the inter-agency strategy, 
        including the prepositioning of collection and reporting 
        capabilities;
            (6) provide recommendations for developing, clarifying, 
        and, if necessary, bolstering current and future collection and 
        reporting roles and capabilities of elements of the United 
        States Government outside the intelligence community deployed 
        overseas;
            (7) provide recommendations related to the role of 
        individual country missions in contributing to the inter-agency 
        strategy;
            (8) evaluate the extent to which the establishment of new 
        embassies and out-of-embassy posts are able to contribute to 
        expanded global coverage and increased collection and reporting 
        and provide recommendations related to the establishment of new 
        embassies and out-of-embassy posts;
            (9) provide recommendations related to the establishment of 
        any new executive branch entity, or the expansion of the 
        authorities of any existing executive branch entity, as needed 
        to improve the strategic integration described in paragraph (1) 
        and develop and oversee the implementation of the inter-agency 
        strategy;
            (10) provide recommendations on any legislative changes 
        necessary to establish any new entity or to expand the 
        authorities of any existing entity, as described in paragraph 
        (9);
            (11) provide recommendations on processes for developing 
        and presenting to Congress budget requests for each relevant 
        element of the United States Government that reflect the 
        allocations identified in the inter-agency strategy and for 
        congressional oversight of the development and implementation 
        of the strategy; and
            (12) provide recommendations on any institutional reforms 
        related to the collection and reporting roles of individual 
        elements of the United States Government outside the 
        intelligence community, as well as any budgetary, legislative, 
        or other changes needed to achieve such reforms.

SEC. 605. MEMBERS AND STAFF OF THE COMMISSION.

    (a) Members of the Commission.--
            (1) Appointment.--The Commission shall be composed of 10 
        members as follows:
                    (A) Two members appointed by the majority leader of 
                the Senate.
                    (B) Two members appointed by the minority leader of 
                the Senate.
                    (C) Two members appointed by the Speaker of the 
                House of Representatives.
                    (D) Two members appointed by the minority leader of 
                the House of Representatives.
                    (E) One nonvoting member appointed by the Director 
                of National Intelligence.
                    (F) One nonvoting member appointed by the Secretary 
                of State.
            (2) Selection.--
                    (A) In general.--Members of the Commission shall be 
                individuals who--
                            (i) are private citizens; and
                            (ii) have--
                                    (I) knowledge and experience in 
                                foreign information and intelligence 
                                collection, reporting, and analysis, 
                                including clandestine collection and 
                                classified analysis, diplomatic 
                                reporting and analysis, and collection 
                                of public and open source information;
                                    (II) knowledge and experience in 
                                issues related to the national security 
                                and foreign policy of the United States 
                                gained by serving as a senior official 
                                of the Department of State, a member of 
                                the Foreign Service, an employee or 
                                officer of an appropriate agency or 
                                department of the United States, or an 
                                independent organization with expertise 
                                in the field of international affairs; 
                                or
                                    (III) knowledge and experience with 
                                foreign policy decision making.
                    (B) Diversity of experience.--The individuals 
                appointed to the Commission should be selected with a 
                view to establishing diversity of experience with 
                regard to various geographic regions, functions, and 
                issues.
            (3) Time of appointment.--The appointments under subsection 
        (a) shall be made not later than 60 days after the date of the 
        enactment of this Act.
            (4) Term of appointment.--Members shall be appointed for 
        the life of the Commission.
            (5) Vacancies.--Any vacancy of the Commission shall not 
        affect the powers of the Commission and shall be filled in the 
        manner in which the original appointment was made.
            (6) Chair.--The members of the Commission shall designate 1 
        of the voting members to serve as the chair of the Commission.
            (7) Quorum.--Six members of the Commission shall constitute 
        a quorum for purposes of transacting the business of the 
        Commission.
            (8) Meetings.--The Commission shall meet at the call of the 
        chair and shall meet regularly, not less than once every 3 
        months, during the life of the Commission.
    (b) Staff.--
            (1) In general.--The chair of the Commission may, without 
        regard to the civil service laws and regulations, appoint and 
        terminate an executive director and, in consultation with the 
        executive director, appoint and terminate such other additional 
        personnel as may be necessary to enable the Commission to 
        perform its duties. In addition to the executive director and 1 
        full-time support staff for the executive director, there shall 
        be additional staff with relevant intelligence and foreign 
        policy experience to help support the Commission's work.
            (2) Selection of the executive director.--The executive 
        director shall be selected with the approval of a majority of 
        the members of the Commission.
            (3) Compensation.--
                    (A) Executive director.--The executive director 
                shall be compensated at the rate payable for level IV 
                of the Executive Schedule under section 5315 of title 
                5, United States Code.
                    (B) Staff.--The chair of the Commission may fix the 
                compensation of other staff of the Commission without 
                regard to the provisions of chapter 51 and subchapter 
                III of chapter 53 of title 5, United States Code, 
                relating to classification of positions and General 
                Schedule pay rates, except that the rate of pay for 
                such personnel may not exceed the rate payable for 
                level IV of the Executive Schedule under section 5315 
                of such title.
    (c) Experts and Consultants.--This Commission is authorized to 
procure temporary or intermittent services of experts and consultants 
as necessary to the extent authorized by section 3109 of title 5, 
United States Code, at rates not to exceed the maximum annual rate of 
basic pay payable under section 5376 of such title.
    (d) Staff and Services of Other Agencies or Department of the 
United States.--Upon the request of the Commission, the head of an 
agency or department of the United States may detail, on a reimbursable 
or nonreimbursable basis, any of the personnel of that department or 
agency to the Commission to assist it in carrying out this title. The 
detail of any such personnel shall be without interruption or loss of 
civil service or Foreign Service status or privilege.
    (e) Security Clearance.--The appropriate agencies or departments of 
the United States shall cooperate with the Commission in expeditiously 
providing to the members and staff of the Commission appropriate 
security clearances to the extent possible pursuant to existing 
procedures and requirements.

SEC. 606. POWERS AND DUTIES OF THE COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission may, for the 
        purpose of carrying out this title--
                    (A) hold hearings, sit and act at times and places 
                in the United States and in countries in which the 
                United States has a diplomatic presence, take 
                testimony, and receive evidence as the Commission 
                considers advisable to carry out this title; and
                    (B) subject to subsection (b)(1), require, by 
                subpoena or otherwise, the attendance and testimony of 
                such witnesses and the production of such books, 
                records, correspondence, memoranda , papers, and 
                documents, as the Commission considers necessary.
    (b) Subpoenas.--
            (1) Issuance.--
                    (A) In general.--A subpoena may be issued under 
                this section only--
                            (i) by the agreement of the chair of the 
                        Commission; and
                            (ii) by the affirmative vote of 5 members 
                        of the Commission.
                    (B) Signature.--Subject to subparagraph (A), 
                subpoenas issued under this section may be issued under 
                the signature of the chair or any member designated by 
                a majority of the Commission and may be served by any 
                person designated by the chair or by a member 
                designated by a majority of the Commission.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under this section, 
                the United States district court for the judicial 
                district in which the subpoenaed person resides, is 
                served, or may be found, or where the subpoena is 
                returnable, may issue an order requiring such person to 
                appear at any designated place to testify or to produce 
                documentary or other evidence. Any failure to obey the 
                order of the court may be punished by the court as a 
                contempt of that court.
                    (B) Additional enforcement.--In the case of any 
                failure of any witness to comply with any subpoena or 
                to testify when summoned under authority of this 
                section, the Commission may, by majority vote, certify 
                a statement of fact constituting such failure to the 
                appropriate United States attorney, who may bring the 
                matter before the grand jury for its action, under the 
                same statutory authority and procedures as if the 
                United States attorney had received a certification 
                under sections 102, 103, or 104 of the Revised Statutes 
                of the United States (2 U.S.C. 192, 193, and 194).
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any agency or department of the United States such 
information as the Commission considers necessary to carry out this 
title. Upon request of the chair of the Commission, the head of such 
agency or department shall furnish such information to the Commission, 
subject to applicable law.
    (d) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as an agency or 
department of the United States.
    (e) Administrative Support.--The Administrator of the General 
Services Administration shall provide to the Commission on a 
reimbursable basis (or, in the discretion of the Administrator, on a 
nonreimbursable basis) such administrative support services as the 
Commission may request to carry out this title.
    (f) Administrative Procedures.--The Commission may adopt such rules 
and regulations, relating to administrative procedure, as may be 
reasonably necessary to enable it to carry out this title.
    (g) Travel.--
            (1) In general.--The members and staff of the Commission 
        may, with the approval of the Commission, conduct such travel 
        as is necessary to carry out this title.
            (2) Expenses.--Members of the Commission shall serve 
        without pay but shall be allowed travel expenses, including per 
        diem in lieu of subsistence, at rates authorized for employees 
        of agencies under subchapter I of chapter 57 of title 5, United 
        States Code, while away from their homes or regular places of 
        business in the performance of services for the Commission.
    (h) Gifts.--No member of the Commission may receive a gift or 
benefit by reason of such member's service on the Commission.

SEC. 607. REPORT OF THE COMMISSION.

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

SEC. 608. TERMINATION.

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

SEC. 609. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

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

SEC. 610. FUNDING.

    (a) Transfer From the National Intelligence Program.--Of the 
amounts available for the National Intelligence Program for fiscal year 
2009, $4,000,000 shall be available for transfer to the Commission to 
carry out this title.
    (b) Availability.--The amounts made available to the Commission 
pursuant to subsection (a) shall remain available until the termination 
of the Commission.

                    TITLE VII--TECHNICAL AMENDMENTS

SEC. 701. TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE 
              ACT OF 1978.

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

SEC. 702. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY ACT 
              OF 1949.

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

SEC. 703. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE.

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

SEC. 704. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.

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

SEC. 705. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL 
              INTELLIGENCE PROGRAM.

    (a) In General.--Subsection (a) of section 1403 of the National 
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is 
amended--
            (1) in the heading, by striking ``Foreign''; and
            (2) by striking ``foreign'' each place it appears.
    (b) Responsibility of Director of National Intelligence.--Such 
section 1403, as amended by subsection (a), is further amended--
            (1) in subsections (a) and (c), by striking ``Director of 
        Central Intelligence'' and inserting ``Director of National 
        Intelligence''; and
            (2) in subsection (b), by inserting ``of National 
        Intelligence'' after ``Director''.
    (c) Conforming Amendments.--
            (1) In general.--The heading of such section 1403 is 
        amended to read as follows:

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

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

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

SEC. 706. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM 
              PREVENTION ACT OF 2004.

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

SEC. 707. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

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

SEC. 708. TECHNICAL AMENDMENTS TO SECTION 105 OF THE INTELLIGENCE 
              AUTHORIZATION ACT FOR FISCAL YEAR 2004.

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

SEC. 709. TECHNICAL AMENDMENTS TO SECTION 602 OF THE INTELLIGENCE 
              AUTHORIZATION ACT FOR FISCAL YEAR 1995.

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

SEC. 710. TECHNICAL AMENDMENTS TO SECTION 403 OF THE INTELLIGENCE 
              AUTHORIZATION ACT, FISCAL YEAR 1992.

    (a) Role of the Director of National Intelligence.--Section 403 of 
the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 403-2) 
is amended by striking ``The Director of Central Intelligence'' and 
inserting the following:
    ``(a) In General.--The Director of National Intelligence''.
    (b) Definition of Intelligence Community.--Section 403 of the 
Intelligence Authorization Act, Fiscal Year 1992, as amended by 
subsection (a), is further amended--
            (1) by striking ``Intelligence Community'' and insert 
        ``intelligence community''; and
            (2) by striking the second sentence and inserting the 
        following:
    ``(b) Intelligence Community Defined.--In this section, the term 
`intelligence community' has the meaning given that term in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
                                                       Calendar No. 120

111th CONGRESS

  1st Session

                                S. 1494

                          [Report No. 111-55]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 22, 2009

                 Read twice and placed on the calendar
```