`[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2701 Enrolled Bill (ENR)]

        H.R.2701

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

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

            TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                      Subtitle A--Personnel Matters

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

                     Subtitle B--Education Programs

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

                     Subtitle C--Acquisition Matters

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

         Subtitle D--Congressional Oversight, Plans, and Reports

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

                        Subtitle E--Other Matters

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

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

       Subtitle A--Office of the Director of National Intelligence

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

                 Subtitle B--Central Intelligence Agency

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

               Subtitle C--Defense Intelligence Components

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

                       Subtitle D--Other Elements

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

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

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

      TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT

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

                        TITLE VII--OTHER MATTERS

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

                    TITLE VIII--TECHNICAL AMENDMENTS

Sec. 801. Technical amendments to the Foreign Intelligence Surveillance 
          Act of 1978.
Sec. 802. Technical amendments to the Central Intelligence Agency Act of 
          1949.
Sec. 803. Technical amendments to title 10, United States Code.
Sec. 804. Technical amendments to the National Security Act of 1947.
Sec. 805. Technical amendments relating to the multiyear National 
          Intelligence Program.
Sec. 806. Technical amendments to the Intelligence Reform and Terrorism 
          Prevention Act of 2004.
Sec. 807. Technical amendments to the Executive Schedule.
Sec. 808. Technical amendments to section 105 of the Intelligence 
          Authorization Act for Fiscal Year 2004.
Sec. 809. Technical amendments to section 602 of the Intelligence 
          Authorization Act for Fiscal Year 1995.
Sec. 810. Technical amendments to section 403 of the Intelligence 
          Authorization Act, Fiscal Year 1992.
SEC. 2. DEFINITIONS.
    In this Act:
        (1) Congressional intelligence committees.--The term 
    ``congressional intelligence committees'' means--
            (A) the Select Committee on Intelligence of the Senate; and
            (B) the Permanent Select Committee on Intelligence of the 
        House of Representatives.
        (2) Intelligence community.--The term ``intelligence 
    community'' has the meaning given that term in section 3(4) of the 
    National Security Act of 1947 (50 U.S.C. 401a(4)).

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
    For the purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414), appropriated funds available to an intelligence 
agency may be obligated or expended for an intelligence or 
intelligence-related activity as appropriated for fiscal year 2010, as 
modified by such reprogramming and transfers of funds authorized by and 
reported to the appropriate congressional committees.
    SEC. 102. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
that is not otherwise authorized by the Constitution or the laws of the 
United States.
    SEC. 103. BUDGETARY PROVISIONS.
    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

    SEC. 201. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION 
      OF THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
    Subparagraph (A) of section 235(b)(1) of the Central Intelligence 
Agency Retirement Act (50 U.S.C. 2055(b)(1)) is amended by striking 
``receiving compensation under the Senior Intelligence Service pay 
schedule at the rate'' and inserting ``who is at the Senior 
Intelligence Service rank''.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
                     Subtitle A--Personnel Matters

    SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED 
      BY LAW.
    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.
    SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO 
      ELEMENTS OF THE INTELLIGENCE COMMUNITY.
    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by inserting after section 113 the 
following new section:


                       ``detail of other personnel

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

``Sec. 113A. Detail of other personnel.''.
    SEC. 303. PAY AUTHORITY FOR CRITICAL POSITIONS.
    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) 
is amended by adding at the end the following new subsection:
    ``(s) Pay Authority for Critical Positions.--(1) Notwithstanding 
any pay limitation established under any other provision of law 
applicable to employees in elements of the intelligence community, the 
Director of National Intelligence may, in coordination with the 
Director of the Office of Personnel Management and the Director of the 
Office of Management and Budget, grant authority to the head of a 
department or agency to fix the rate of basic pay for one or more 
positions within the intelligence community at a rate in excess of any 
applicable limitation, subject to the provisions of this subsection. 
The exercise of authority so granted is at the discretion of the head 
of the department or agency employing the individual in a position 
covered by such authority, subject to the provisions of this subsection 
and any conditions established by the Director of National Intelligence 
when granting such authority.
    ``(2) Authority under this subsection may be granted or exercised 
only--
        ``(A) with respect to a position that requires an extremely 
    high level of expertise and is critical to successful 
    accomplishment of an important mission; and
        ``(B) to the extent necessary to recruit or retain an 
    individual exceptionally well qualified for the position.
    ``(3) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate payable 
for level II of the Executive Schedule under section 5313 of title 5, 
United States Code, except upon written approval of the Director of 
National Intelligence or as otherwise authorized by law.
    ``(4) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate payable 
for level I of the Executive Schedule under section 5312 of title 5, 
United States Code, except upon written approval of the President in 
response to a request by the Director of National Intelligence or as 
otherwise authorized by law.
    ``(5) Any grant of authority under this subsection for a position 
shall terminate at the discretion of the Director of National 
Intelligence.
    ``(6)(A) The Director of National Intelligence shall notify the 
congressional intelligence committees not later than 30 days after the 
date on which the Director grants authority to the head of a department 
or agency under this subsection.
    ``(B) The head of a department or agency to which the Director of 
National Intelligence grants authority under this subsection shall 
notify the congressional intelligence committees and the Director of 
the exercise of such authority not later than 30 days after the date on 
which such head exercises such authority.''.
    SEC. 304. AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL 
      INTELLIGENCE SERVICE.
    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 303 of this Act, is further amended by adding 
at the end the following new subsection:
    ``(t) Award of Rank to Members of the Senior National Intelligence 
Service.--(1) The President, based on the recommendation of the 
Director of National Intelligence, may award a rank to a member of the 
Senior National Intelligence Service or other intelligence community 
senior civilian officer not already covered by such a rank award 
program in the same manner in which a career appointee of an agency may 
be awarded a rank under section 4507 of title 5, United States Code.
    ``(2) The President may establish procedures to award a rank under 
paragraph (1) to a member of the Senior National Intelligence Service 
or a senior civilian officer of the intelligence community whose 
identity as such a member or officer is classified information (as 
defined in section 606(1)).''.
    SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE 
      COMMUNITY.
    (a) Assessment.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.) is amended by inserting after section 506A the 
following new section:


   ``annual personnel level assessments for the intelligence community

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

``Sec. 506B. Annual personnel level assessments for the intelligence 
          community.''.
    SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR CRITICAL LANGUAGE 
      TRAINING.
    Section 102A(e) of the National Security Act of 1947 (50 U.S.C. 
403-1(e)) is amended by--
        (1) redesignating paragraph (3) as paragraph (4); and
        (2) inserting after paragraph (2) the following new paragraph:
    ``(3)(A) In addition to the number of full-time equivalent 
positions authorized for the Office of the Director of National 
Intelligence for a fiscal year, there is authorized for such Office for 
each fiscal year an additional 100 full-time equivalent positions that 
may be used only for the purposes described in subparagraph (B).
    ``(B) Except as provided in subparagraph (C), the Director of 
National Intelligence may use a full-time equivalent position 
authorized under subparagraph (A) only for the purpose of providing a 
temporary transfer of personnel made in accordance with paragraph (2) 
to an element of the intelligence community to enable such element to 
increase the total number of personnel authorized for such element, on 
a temporary basis--
        ``(i) during a period in which a permanent employee of such 
    element is absent to participate in critical language training; or
        ``(ii) to accept a permanent employee of another element of the 
    intelligence community to provide language-capable services.
    ``(C) Paragraph (2)(B) shall not apply with respect to a transfer 
of personnel made under subparagraph (B).
    ``(D) The Director of National Intelligence shall submit to the 
congressional intelligence committees an annual report on the use of 
authorities under this paragraph. Each such report shall include a 
description of--
        ``(i) the number of transfers of personnel made by the Director 
    pursuant to subparagraph (B), disaggregated by each element of the 
    intelligence community;
        ``(ii) the critical language needs that were fulfilled or 
    partially fulfilled through the use of such transfers; and
        ``(iii) the cost to carry out subparagraph (B).''.
    SEC. 307. CONFLICT OF INTEREST REGULATIONS FOR INTELLIGENCE 
      COMMUNITY EMPLOYEES.
    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 304 of this Act, is further amended by adding 
at the end the following new subsection:
    ``(u) Conflict of Interest Regulations.--(1) The Director of 
National Intelligence, in consultation with the Director of the Office 
of Government Ethics, shall issue regulations prohibiting an officer or 
employee of an element of the intelligence community from engaging in 
outside employment if such employment creates a conflict of interest or 
appearance thereof.
    ``(2) The Director of National Intelligence shall annually submit 
to the congressional intelligence committees a report describing all 
outside employment for officers and employees of elements of the 
intelligence community that was authorized by the head of an element of 
the intelligence community during the preceding calendar year. Such 
report shall be submitted each year on the date provided in section 
507.''.

                     Subtitle B--Education Programs

    SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROBERTS INTELLIGENCE 
      SCHOLARS PROGRAM.
    (a) Permanent Authorization.--Subtitle C of title X of the National 
Security Act of 1947 (50 U.S.C. 441m et seq.) is amended by adding at 
the end the following new section:


                  ``program on recruitment and training

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

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

        (2) Repeal of pilot program.--
            (A) Authority.--Section 318 of the Intelligence 
        Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 
        U.S.C. 441g note) is repealed.
            (B) Table of contents amendment.--The table of contents in 
        section 1 of the Intelligence Authorization Act for Fiscal Year 
        2004 (Public Law 108-177; 117 Stat. 2599) is amended by 
        striking the item relating to section 318.
    SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDUCATIONAL SCHOLARSHIP 
      PROGRAM.
    (a) Expansion of the Louis Stokes Educational Scholarship Program 
to Graduate Students.--Section 16 of the National Security Agency Act 
of 1959 (50 U.S.C. 402 note) is amended--
        (1) in subsection (a)--
            (A) by inserting ``and graduate'' after ``undergraduate''; 
        and
            (B) by striking ``the baccalaureate'' and inserting ``a 
        baccalaureate or graduate'';
        (2) in subsection (b), by inserting ``or graduate'' after 
    ``undergraduate'';
        (3) in subsection (e)(2), by inserting ``and graduate'' after 
    ``undergraduate''; and
        (4) by adding at the end the following new subsection:
    ``(h) The undergraduate and graduate training program established 
under this section shall be known as the Louis Stokes Educational 
Scholarship Program.''.
    (b) Authority for Participation by Individuals Who Are Not Employed 
by the United States Government.--
        (1) In general.--Subsection (b) of section 16 of the National 
    Security Agency Act of 1959 (50 U.S.C. 402 note), as amended by 
    subsection (a)(2), is further amended by striking ``civilian 
    employees'' and inserting ``civilians who may or may not be 
    employees''.
        (2) Conforming amendments.--Section 16 of the National Security 
    Agency Act of 1959 (50 U.S.C. 402 note), as amended by subsection 
    (a), is further amended--
            (A) in subsection (c), by striking ``employees'' and 
        inserting ``program participants''; and
            (B) in subsection (d)--
                (i) in paragraph (1)--

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

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

                    (IV) in subparagraph (D)--

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

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

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


                    ``educational scholarship program

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

``Sec. 1023. Educational scholarship program.''.
    SEC. 313. INTELLIGENCE OFFICER TRAINING PROGRAM.
    (a) Program.--Subtitle C of title X of the National Security Act of 
1947 (50 U.S.C. 441m et seq.), as amended by section 312(e) of this 
Act, is further amended by adding at the end the following new section:


                 ``intelligence officer training program

    ``Sec. 1024.  (a) Programs.--(1) The Director of National 
Intelligence may carry out grant programs in accordance with subsection 
(b) to enhance the recruitment and retention of an ethnically and 
culturally diverse intelligence community workforce with capabilities 
critical to the national security interests of the United States.
    ``(2) In carrying out paragraph (1), the Director shall identify 
the skills necessary to meet current or emergent needs of the 
intelligence community and the educational disciplines that will 
provide individuals with such skills.
    ``(b) Institutional Grant Program.--(1) The Director may provide 
grants to institutions of higher education to support the establishment 
or continued development of programs of study in educational 
disciplines identified under subsection (a)(2).
    ``(2) A grant provided under paragraph (1) may, with respect to the 
educational disciplines identified under subsection (a)(2), be used for 
the following purposes:
        ``(A) Curriculum or program development.
        ``(B) Faculty development.
        ``(C) Laboratory equipment or improvements.
        ``(D) Faculty research.
    ``(c) Application.--An institution of higher education seeking a 
grant under this section shall submit an application describing the 
proposed use of the grant at such time and in such manner as the 
Director may require.
    ``(d) Reports.--An institution of higher education that receives a 
grant under this section shall submit to the Director regular reports 
regarding the use of such grant, including--
        ``(1) a description of the benefits to students who participate 
    in the course of study funded by such grant;
        ``(2) a description of the results and accomplishments related 
    to such course of study; and
        ``(3) any other information that the Director may require.
    ``(e) Regulations.--The Director shall prescribe such regulations 
as may be necessary to carry out this section.
    ``(f) Definitions.--In this section:
        ``(1) The term `Director' means the Director of National 
    Intelligence.
        ``(2) The term `institution of higher education' has the 
    meaning given the term in section 101 of the Higher Education Act 
    of 1965 (20 U.S.C. 1001).''.
    (b) Repeal of Duplicative Provisions.--
        (1) In general.--The following provisions of law are repealed:
            (A) Subsections (b) through (g) of section 319 of the 
        Intelligence Authorization Act for Fiscal Year 2004 (Public Law 
        108-177; 50 U.S.C. 403 note).
            (B) Section 1003 of the National Security Act of 1947 (50 
        U.S.C. 441g-2).
            (C) Section 922 of the Ronald W. Reagan National Defense 
        Authorization Act for Fiscal Year 2005 (Public Law 108-375; 50 
        U.S.C. 402 note).
        (2) Existing agreements.--Notwithstanding the repeals made by 
    paragraph (1), nothing in this subsection shall be construed to 
    amend, modify, or abrogate any agreement, contract, or employment 
    relationship that was in effect in relation to the provisions 
    repealed under paragraph (1) on the day prior to the date of the 
    enactment of this Act.
        (3) Technical amendment.--Section 319 of the Intelligence 
    Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 
    U.S.C. 403 note) is amended by striking ``(a) Findings.--''.
    (c) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947, as amended by 
section 312 of this Act, is further amended by striking the item 
relating to section 1003 and inserting the following new item:

``Sec. 1024. Intelligence officer training program.''.
    SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE INSTRUCTION IN 
      AFRICAN LANGUAGES.
    (a) Establishment.--The Director of National Intelligence, in 
consultation with the National Security Education Board established 
under section 803(a) of the David L. Boren National Security Education 
Act of 1991 (50 U.S.C. 1903(a)), may establish a pilot program for 
intensive language instruction in African languages.
    (b) Program.--A pilot program established under subsection (a) 
shall provide scholarships for programs that provide intensive language 
instruction--
        (1) in any of the five highest priority African languages for 
    which scholarships are not offered under the David L. Boren 
    National Security Education Act of 1991 (50 U.S.C. 1901 et seq.), 
    as determined by the Director of National Intelligence; and
        (2) both in the United States and in a country in which the 
    language is the native language of a significant portion of the 
    population, as determined by the Director of National Intelligence.
    (c) Termination.--A pilot program established under subsection (a) 
shall terminate on the date that is five years after the date on which 
such pilot program is established.
    (d) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated to 
    carry out this section $2,000,000.
        (2) Availability.--Funds authorized to be appropriated under 
    paragraph (1) shall remain available until the termination of the 
    pilot program in accordance with subsection (c).

                    Subtitle C--Acquisition Matters

    SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.
    (a) Vulnerability Assessments of Major Systems.--
        (1) In general.--Title V of the National Security Act of 1947 
    (50 U.S.C. 413 et seq.), as amended by section 305 of this Act, is 
    further amended by inserting after section 506B, as added by 
    section 305(a), the following new section:


               ``vulnerability assessments of major systems

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

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

    (b) Definition of Major System.--Paragraph (3) of section 506A(e) 
of the National Security Act of 1947 (50 U.S.C. 415a-1(e)) is amended 
by striking ``(in current fiscal year dollars)'' and inserting ``(based 
on fiscal year 2010 constant dollars)''.
    SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.
    (a) Intelligence Community Business System Transformation.--
        (1) In general.--Title V of the National Security Act of 1947 
    (50 U.S.C. 413 et seq.), as amended by section 321 of this Act, is 
    further amended by inserting after section 506C, as added by 
    section 321(a), the following new section:


         ``intelligence community business system transformation

    ``Sec. 506D.  (a) Limitation on Obligation of Funds.--(1) Subject 
to paragraph (3), no funds appropriated to any element of the 
intelligence community may be obligated for an intelligence community 
business system transformation that will have a total cost in excess of 
$3,000,000 unless--
        ``(A) the Director of the Office of Business Transformation of 
    the Office of the Director of National Intelligence makes a 
    certification described in paragraph (2) with respect to such 
    intelligence community business system transformation; and
        ``(B) such certification is approved by the board established 
    under subsection (f).
    ``(2) The certification described in this paragraph for an 
intelligence community business system transformation is a 
certification made by the Director of the Office of Business 
Transformation of the Office of the Director of National Intelligence 
that the intelligence community business system transformation--
        ``(A) complies with the enterprise architecture under 
    subsection (b) and such other policies and standards that the 
    Director of National Intelligence considers appropriate; or
        ``(B) is necessary--
            ``(i) to achieve a critical national security capability or 
        address a critical requirement; or
            ``(ii) to prevent a significant adverse effect on a project 
        that is needed to achieve an essential capability, taking into 
        consideration any alternative solutions for preventing such 
        adverse effect.
    ``(3) With respect to a fiscal year after fiscal year 2010, the 
amount referred to in paragraph (1) in the matter preceding 
subparagraph (A) shall be equal to the sum of--
        ``(A) the amount in effect under such paragraph (1) for the 
    preceding fiscal year (determined after application of this 
    paragraph), plus
        ``(B) such amount multiplied by the annual percentage increase 
    in the consumer price index (all items; U.S. city average) as of 
    September of the previous fiscal year.
    ``(b) Enterprise Architecture for Intelligence Community Business 
Systems.--(1) The Director of National Intelligence shall, acting 
through the board established under subsection (f), develop and 
implement an enterprise architecture to cover all intelligence 
community business systems, and the functions and activities supported 
by such business systems. The enterprise architecture shall be 
sufficiently defined to effectively guide, constrain, and permit 
implementation of interoperable intelligence community business system 
solutions, consistent with applicable policies and procedures 
established by the Director of the Office of Management and Budget.
    ``(2) The enterprise architecture under paragraph (1) shall include 
the following:
        ``(A) An information infrastructure that will enable the 
    intelligence community to--
            ``(i) comply with all Federal accounting, financial 
        management, and reporting requirements;
            ``(ii) routinely produce timely, accurate, and reliable 
        financial information for management purposes;
            ``(iii) integrate budget, accounting, and program 
        information and systems; and
            ``(iv) provide for the measurement of performance, 
        including the ability to produce timely, relevant, and reliable 
        cost information.
        ``(B) Policies, procedures, data standards, and system 
    interface requirements that apply uniformly throughout the 
    intelligence community.
    ``(c) Responsibilities for Intelligence Community Business System 
Transformation.--The Director of National Intelligence shall be 
responsible for the entire life cycle of an intelligence community 
business system transformation, including review, approval, and 
oversight of the planning, design, acquisition, deployment, operation, 
and maintenance of the business system transformation.
    ``(d) Intelligence Community Business System Investment Review.--
(1) The Director of the Office of Business Transformation of the Office 
of the Director of National Intelligence shall establish and implement, 
not later than 60 days after the enactment of the Intelligence 
Authorization Act for Fiscal Year 2010, an investment review process 
for the intelligence community business systems for which the Director 
of the Office of Business Transformation is responsible.
    ``(2) The investment review process under paragraph (1) shall--
        ``(A) meet the requirements of section 11312 of title 40, 
    United States Code; and
        ``(B) specifically set forth the responsibilities of the 
    Director of the Office of Business Transformation under such review 
    process.
    ``(3) The investment review process under paragraph (1) shall 
include the following elements:
        ``(A) Review and approval by an investment review board 
    (consisting of appropriate representatives of the intelligence 
    community) of each intelligence community business system as an 
    investment before the obligation of funds for such system.
        ``(B) Periodic review, but not less often than annually, of 
    every intelligence community business system investment.
        ``(C) Thresholds for levels of review to ensure appropriate 
    review of intelligence community business system investments 
    depending on the scope, complexity, and cost of the system 
    involved.
        ``(D) Procedures for making certifications in accordance with 
    the requirements of subsection (a)(2).
    ``(e) Budget Information.--For each fiscal year after fiscal year 
2011, the Director of National Intelligence shall include in the 
materials the Director submits to Congress in support of the budget for 
such fiscal year that is submitted to Congress under section 1105 of 
title 31, United States Code, the following information:
        ``(1) An identification of each intelligence community business 
    system for which funding is proposed in such budget.
        ``(2) An identification of all funds, by appropriation, 
    proposed in such budget for each such system, including--
            ``(A) funds for current services to operate and maintain 
        such system;
            ``(B) funds for business systems modernization identified 
        for each specific appropriation; and
            ``(C) funds for associated business process improvement or 
        reengineering efforts.
        ``(3) The certification, if any, made under subsection (a)(2) 
    with respect to each such system.
    ``(f) Intelligence Community Business System Transformation 
Governance Board.--(1) The Director of National Intelligence shall 
establish a board within the intelligence community business system 
transformation governance structure (in this subsection referred to as 
the `Board').
    ``(2) The Board shall--
        ``(A) recommend to the Director policies and procedures 
    necessary to effectively integrate all business activities and any 
    transformation, reform, reorganization, or process improvement 
    initiatives undertaken within the intelligence community;
        ``(B) review and approve any major update of--
            ``(i) the enterprise architecture developed under 
        subsection (b); and
            ``(ii) any plans for an intelligence community business 
        systems modernization;
        ``(C) manage cross-domain integration consistent with such 
    enterprise architecture;
        ``(D) coordinate initiatives for intelligence community 
    business system transformation to maximize benefits and minimize 
    costs for the intelligence community, and periodically report to 
    the Director on the status of efforts to carry out an intelligence 
    community business system transformation;
        ``(E) ensure that funds are obligated for intelligence 
    community business system transformation in a manner consistent 
    with subsection (a); and
        ``(F) carry out such other duties as the Director shall 
    specify.
    ``(g) Relation to Annual Registration Requirements.--Nothing in 
this section shall be construed to alter the requirements of section 
8083 of the Department of Defense Appropriations Act, 2005 (Public Law 
108-287; 118 Stat. 989), with regard to information technology systems 
(as defined in subsection (d) of such section).
    ``(h) Relationship to Defense Business Enterprise Architecture.--
Nothing in this section shall be construed to exempt funds authorized 
to be appropriated to the Department of Defense from the requirements 
of section 2222 of title 10, United States Code, to the extent that 
such requirements are otherwise applicable.
    ``(i) Relation to Clinger-Cohen Act.--(1) Executive agency 
responsibilities in chapter 113 of title 40, United States Code, for 
any intelligence community business system transformation shall be 
exercised jointly by--
        ``(A) the Director of National Intelligence and the Chief 
    Information Officer of the Intelligence Community; and
        ``(B) the head of the executive agency that contains the 
    element of the intelligence community involved and the chief 
    information officer of that executive agency.
    ``(2) The Director of National Intelligence and the head of the 
executive agency referred to in paragraph (1)(B) shall enter into a 
Memorandum of Understanding to carry out the requirements of this 
section in a manner that best meets the needs of the intelligence 
community and the executive agency.
    ``(j) Reports.--Not later than March 31 of each of the years 2011 
through 2015, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the compliance of the 
intelligence community with the requirements of this section. Each such 
report shall--
        ``(1) describe actions taken and proposed for meeting the 
    requirements of subsection (a), including--
            ``(A) specific milestones and actual performance against 
        specified performance measures, and any revision of such 
        milestones and performance measures; and
            ``(B) specific actions on the intelligence community 
        business system transformations submitted for certification 
        under such subsection;
        ``(2) identify the number of intelligence community business 
    system transformations that received a certification described in 
    subsection (a)(2); and
        ``(3) describe specific improvements in business operations and 
    cost savings resulting from successful intelligence community 
    business systems transformation efforts.
    ``(k) Definitions.--In this section:
        ``(1) The term `enterprise architecture' has the meaning given 
    that term in section 3601(4) of title 44, United States Code.
        ``(2) The terms `information system' and `information 
    technology' have the meanings given those terms in section 11101 of 
    title 40, United States Code.
        ``(3) The term `intelligence community business system' means 
    an information system, including a national security system, that 
    is operated by, for, or on behalf of an element of the intelligence 
    community, including a financial system, mixed system, financial 
    data feeder system, and the business infrastructure capabilities 
    shared by the systems of the business enterprise architecture, 
    including people, process, and technology, that build upon the core 
    infrastructure used to support business activities, such as 
    acquisition, financial management, logistics, strategic planning 
    and budgeting, installations and environment, and human resource 
    management.
        ``(4) The term `intelligence community business system 
    transformation' means--
            ``(A) the acquisition or development of a new intelligence 
        community business system; or
            ``(B) any significant modification or enhancement of an 
        existing intelligence community business system (other than 
        necessary to maintain current services).
        ``(5) The term `national security system' has the meaning given 
    that term in section 3542 of title 44, United States Code.
        ``(6) The term `Office of Business Transformation of the Office 
    of the Director of National Intelligence' includes any successor 
    office that assumes the functions of the Office of Business 
    Transformation of the Office of the Director of National 
    Intelligence as carried out by the Office of Business 
    Transformation on the date of the enactment of the Intelligence 
    Authorization Act for Fiscal Year 2010.''.
        (2) Table of contents amendment.--The table of contents in the 
    first section of that Act, as amended by section 321 of this Act, 
    is further amended by inserting after the item relating to section 
    506C, as added by section 321(a)(2), the following new item:

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

    (b) Implementation.--
        (1) Certain duties.--Not later than 60 days after the date of 
    the enactment of this Act, the Director of National Intelligence 
    shall designate a chair and other members to serve on the board 
    established under subsection (f) of such section 506D of the 
    National Security Act of 1947 (as added by subsection (a)).
        (2) Enterprise architecture.--
            (A) Schedule for development.--The Director shall develop 
        the enterprise architecture required by subsection (b) of such 
        section 506D (as so added), including the initial Business 
        Enterprise Architecture for business transformation, not later 
        than 60 days after the enactment of this Act.
            (B) Requirement for implementation plan.--In developing 
        such an enterprise architecture, the Director shall develop an 
        implementation plan for such enterprise architecture that 
        includes the following:
                (i) An acquisition strategy for new systems that are 
            expected to be needed to complete such enterprise 
            architecture, including specific time-phased milestones, 
            performance metrics, and a statement of the financial and 
            nonfinancial resource needs.
                (ii) An identification of the intelligence community 
            business systems in operation or planned as of the date 
            that is 60 days after the enactment of this Act that will 
            not be a part of such enterprise architecture, together 
            with the schedule for the phased termination of the 
            utilization of any such systems.
                (iii) An identification of the intelligence community 
            business systems in operation or planned as of such date, 
            that will be a part of such enterprise architecture, 
            together with a strategy for modifying such systems to 
            ensure that such systems comply with such enterprise 
            architecture.
            (C) Submission of acquisition strategy.--Based on the 
        results of an enterprise process management review and the 
        availability of funds, the Director shall submit the 
        acquisition strategy described in subparagraph (B)(i) to the 
        congressional intelligence committees not later than March 31, 
        2011.
    SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
    (a) Reports.--
        (1) In general.--Title V of the National Security Act of 1947 
    (50 U.S.C. 413 et seq.), as amended by section 322 of this Act, is 
    further amended by inserting after section 506D, as added by 
    section 322(a)(1), the following new section:


              ``reports on the acquisition of major systems

    ``Sec. 506E.  (a) Definitions.--In this section:
        ``(1) The term `cost estimate'--
            ``(A) means an assessment and quantification of all costs 
        and risks associated with the acquisition of a major system 
        based upon reasonably available information at the time the 
        Director establishes the 2010 adjusted total acquisition cost 
        for such system pursuant to subsection (h) or restructures such 
        system pursuant to section 506F(c); and
            ``(B) does not mean an `independent cost estimate'.
        ``(2) The term `critical cost growth threshold' means a 
    percentage increase in the total acquisition cost for a major 
    system of at least 25 percent over the total acquisition cost for 
    the major system as shown in the current Baseline Estimate for the 
    major system.
        ``(3)(A) The term `current Baseline Estimate' means the 
    projected total acquisition cost of a major system that is--
            ``(i) approved by the Director, or a designee of the 
        Director, at Milestone B or an equivalent acquisition decision 
        for the development, procurement, and construction of such 
        system;
            ``(ii) approved by the Director at the time such system is 
        restructured pursuant to section 506F(c); or
            ``(iii) the 2010 adjusted total acquisition cost determined 
        pursuant to subsection (h).
        ``(B) A current Baseline Estimate may be in the form of an 
    independent cost estimate.
        ``(4) Except as otherwise specifically provided, the term 
    `Director' means the Director of National Intelligence.
        ``(5) The term `independent cost estimate' has the meaning 
    given that term in section 506A(e).
        ``(6) The term `major contract' means each of the 6 largest 
    prime, associate, or Government-furnished equipment contracts under 
    a major system that is in excess of $40,000,000 and that is not a 
    firm, fixed price contract.
        ``(7) The term `major system' has the meaning given that term 
    in section 506A(e).
        ``(8) The term `Milestone B' means a decision to enter into 
    major system development and demonstration pursuant to guidance 
    prescribed by the Director.
        ``(9) The term `program manager' means--
            ``(A) the head of the element of the intelligence community 
        that is responsible for the budget, cost, schedule, and 
        performance of a major system; or
            ``(B) in the case of a major system within the Office of 
        the Director of National Intelligence, the deputy who is 
        responsible for the budget, cost, schedule, and performance of 
        the major system.
        ``(10) The term `significant cost growth threshold' means the 
    percentage increase in the total acquisition cost for a major 
    system of at least 15 percent over the total acquisition cost for 
    such system as shown in the current Baseline Estimate for such 
    system.
        ``(11) The term `total acquisition cost' means the amount equal 
    to the total cost for development and procurement of, and system-
    specific construction for, a major system.
    ``(b) Major System Cost Reports.--(1) The program manager for a 
major system shall, on a quarterly basis, submit to the Director a 
major system cost report as described in paragraph (2).
    ``(2) A major system cost report shall include the following 
information (as of the last day of the quarter for which the report is 
made):
        ``(A) The total acquisition cost for the major system.
        ``(B) Any cost variance or schedule variance in a major 
    contract for the major system since the contract was entered into.
        ``(C) Any changes from a major system schedule milestones or 
    performances that are known, expected, or anticipated by the 
    program manager.
        ``(D) Any significant changes in the total acquisition cost for 
    development and procurement of any software component of the major 
    system, schedule milestones for such software component of the 
    major system, or expected performance of such software component of 
    the major system that are known, expected, or anticipated by the 
    program manager.
    ``(3) Each major system cost report required by paragraph (1) shall 
be submitted not more than 30 days after the end of the reporting 
quarter.
    ``(c) Reports for Breach of Significant or Critical Cost Growth 
Thresholds.--If the program manager of a major system for which a 
report has previously been submitted under subsection (b) determines at 
any time during a quarter that there is reasonable cause to believe 
that the total acquisition cost for the major system has increased by a 
percentage equal to or greater than the significant cost growth 
threshold or critical cost growth threshold and if a report indicating 
an increase of such percentage or more has not previously been 
submitted to the Director, then the program manager shall immediately 
submit to the Director a major system cost report containing the 
information, determined as of the date of the report, required under 
subsection (b).
    ``(d) Notification to Congress of Cost Growth.--(1) Whenever a 
major system cost report is submitted to the Director, the Director 
shall determine whether the current acquisition cost for the major 
system has increased by a percentage equal to or greater than the 
significant cost growth threshold or the critical cost growth 
threshold.
    ``(2) If the Director determines that the current total acquisition 
cost has increased by a percentage equal to or greater than the 
significant cost growth threshold or critical cost growth threshold, 
the Director shall submit to Congress a Major System Congressional 
Report pursuant to subsection (e).
    ``(e) Requirement for Major System Congressional Report.--(1) 
Whenever the Director determines under subsection (d) that the total 
acquisition cost of a major system has increased by a percentage equal 
to or greater than the significant cost growth threshold for the major 
system, a Major System Congressional Report shall be submitted to 
Congress not later than 45 days after the date on which the Director 
receives the major system cost report for such major system.
    ``(2) If the total acquisition cost of a major system (as 
determined by the Director under subsection (d)) increases by a 
percentage equal to or greater than the critical cost growth threshold 
for the program or subprogram, the Director shall take actions 
consistent with the requirements of section 506F.
    ``(f) Major System Congressional Report Elements.--(1) Except as 
provided in paragraph (2), each Major System Congressional Report shall 
include the following:
        ``(A) The name of the major system.
        ``(B) The date of the preparation of the report.
        ``(C) The program phase of the major system as of the date of 
    the preparation of the report.
        ``(D) The estimate of the total acquisition cost for the major 
    system expressed in constant base-year dollars and in current 
    dollars.
        ``(E) The current Baseline Estimate for the major system in 
    constant base-year dollars and in current dollars.
        ``(F) A statement of the reasons for any increase in total 
    acquisition cost for the major system.
        ``(G) The completion status of the major system--
            ``(i) expressed as the percentage that the number of years 
        for which funds have been appropriated for the major system is 
        of the number of years for which it is planned that funds will 
        be appropriated for the major system; and
            ``(ii) expressed as the percentage that the amount of funds 
        that have been appropriated for the major system is of the 
        total amount of funds which it is planned will be appropriated 
        for the major system.
        ``(H) The fiscal year in which the major system was first 
    authorized and in which funds for such system were first 
    appropriated by Congress.
        ``(I) The current change and the total change, in dollars and 
    expressed as a percentage, in the total acquisition cost for the 
    major system, stated both in constant base-year dollars and in 
    current dollars.
        ``(J) The quantity of end items to be acquired under the major 
    system and the current change and total change, if any, in that 
    quantity.
        ``(K) The identities of the officers responsible for management 
    and cost control of the major system.
        ``(L) The action taken and proposed to be taken to control 
    future cost growth of the major system.
        ``(M) Any changes made in the performance or schedule 
    milestones of the major system and the extent to which such changes 
    have contributed to the increase in total acquisition cost for the 
    major system.
        ``(N) The following contract performance assessment information 
    with respect to each major contract under the major system:
            ``(i) The name of the contractor.
            ``(ii) The phase that the contract is in at the time of the 
        preparation of the report.
            ``(iii) The percentage of work under the contract that has 
        been completed.
            ``(iv) Any current change and the total change, in dollars 
        and expressed as a percentage, in the contract cost.
            ``(v) The percentage by which the contract is currently 
        ahead of or behind schedule.
            ``(vi) A narrative providing a summary explanation of the 
        most significant occurrences, including cost and schedule 
        variances under major contracts of the major system, 
        contributing to the changes identified and a discussion of the 
        effect these occurrences will have on the future costs and 
        schedule of the major system.
        ``(O) In any case in which one or more problems with a software 
    component of the major system significantly contributed to the 
    increase in costs of the major system, the action taken and 
    proposed to be taken to solve such problems.
    ``(2) A Major System Congressional Report prepared for a major 
system for which the increase in the total acquisition cost is due to 
termination or cancellation of the entire major system shall include 
only--
        ``(A) the information described in subparagraphs (A) through 
    (F) of paragraph (1); and
        ``(B) the total percentage change in total acquisition cost for 
    such system.
    ``(g) Prohibition on Obligation of Funds.--If a determination of an 
increase by a percentage equal to or greater than the significant cost 
growth threshold is made by the Director under subsection (d) and a 
Major System Congressional Report containing the information described 
in subsection (f) is not submitted to Congress under subsection (e)(1), 
or if a determination of an increase by a percentage equal to or 
greater than the critical cost growth threshold is made by the Director 
under subsection (d) and the Major System Congressional Report 
containing the information described in subsection (f) and section 
506F(b)(3) and the certification required by section 506F(b)(2) are not 
submitted to Congress under subsection (e)(2), funds appropriated for 
construction, research, development, test, evaluation, and procurement 
may not be obligated for a major contract under the major system. The 
prohibition on the obligation of funds for a major system shall cease 
to apply at the end of the 45-day period that begins on the date--
        ``(1) on which Congress receives the Major System Congressional 
    Report under subsection (e)(1) with respect to that major system, 
    in the case of a determination of an increase by a percentage equal 
    to or greater than the significant cost growth threshold (as 
    determined in subsection (d)); or
        ``(2) on which Congress receives both the Major System 
    Congressional Report under subsection (e)(2) and the certification 
    of the Director under section 506F(b)(2) with respect to that major 
    system, in the case of an increase by a percentage equal to or 
    greater than the critical cost growth threshold (as determined 
    under subsection (d)).
    ``(h) Treatment of Cost Increases Prior to Enactment of 
Intelligence Authorization Act for Fiscal Year 2010.--(1) Not later 
than 180 days after the date of the enactment of the Intelligence 
Authorization Act for Fiscal Year 2010, the Director--
        ``(A) shall, for each major system, determine if the total 
    acquisition cost of such major system increased by a percentage 
    equal to or greater than the significant cost growth threshold or 
    the critical cost growth threshold prior to such date of enactment;
        ``(B) shall establish for each major system for which the total 
    acquisition cost has increased by a percentage equal to or greater 
    than the significant cost growth threshold or the critical cost 
    growth threshold prior to such date of enactment a revised current 
    Baseline Estimate based upon an updated cost estimate;
        ``(C) may, for a major system not described in subparagraph 
    (B), establish a revised current Baseline Estimate based upon an 
    updated cost estimate; and
        ``(D) shall submit to Congress a report describing--
            ``(i) each determination made under subparagraph (A);
            ``(ii) each revised current Baseline Estimate established 
        for a major system under subparagraph (B); and
            ``(iii) each revised current Baseline Estimate established 
        for a major system under subparagraph (C), including the 
        percentage increase of the total acquisition cost of such major 
        system that occurred prior to the date of the enactment of such 
        Act.
    ``(2) The revised current Baseline Estimate established for a major 
system under subparagraph (B) or (C) of paragraph (1) shall be the 2010 
adjusted total acquisition cost for the major system and may include 
the estimated cost of conducting any vulnerability assessments for such 
major system required under section 506C.
    ``(i) Requirements To Use Base Year Dollars.--Any determination of 
a percentage increase under this section shall be stated in terms of 
constant base year dollars.
    ``(j) Form of Report.--Any report required to be submitted under 
this section may be submitted in a classified form.''.
        (2) Applicability date of quarterly reports.--The first report 
    required to be submitted under subsection (b) of section 506E of 
    the National security Act of 1947, as added by paragraph (1) of 
    this subsection, shall be submitted with respect to the first 
    fiscal quarter that begins on a date that is not less than 180 days 
    after the date of the enactment of this Act.
        (3) Table of contents amendment.--The table of contents in the 
    first section of that Act, as amended by section 322 of this Act, 
    is further amended by inserting after the item relating to section 
    506D, as added by section 322(a)(2), the following new item:

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

    (b) Major Defense Acquisition Programs.--Nothing in this section, 
section 324, or an amendment made by this section or section 324, shall 
be construed to exempt an acquisition program of the Department of 
Defense from the requirements of chapter 144 of title 10, United States 
Code or Department of Defense Directive 5000, to the extent that such 
requirements are otherwise applicable.
    SEC. 324. CRITICAL COST GROWTH IN MAJOR SYSTEMS.
    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), as amended by section 323 of this Act, is further 
amended by inserting after section 506E, as added by section 323(a), 
the following new section:


                 ``critical cost growth in major systems

    ``Sec. 506F.  (a) Reassessment of Major System.--If the Director of 
National Intelligence determines under section 506E(d) that the total 
acquisition cost of a major system has increased by a percentage equal 
to or greater than the critical cost growth threshold for the major 
system, the Director shall--
        ``(1) determine the root cause or causes of the critical cost 
    growth, in accordance with applicable statutory requirements, 
    policies, procedures, and guidance; and
        ``(2) carry out an assessment of--
            ``(A) the projected cost of completing the major system if 
        current requirements are not modified;
            ``(B) the projected cost of completing the major system 
        based on reasonable modification of such requirements;
            ``(C) the rough order of magnitude of the costs of any 
        reasonable alternative system or capability; and
            ``(D) the need to reduce funding for other systems due to 
        the growth in cost of the major system.
    ``(b) Presumption of Termination.--(1) After conducting the 
reassessment required by subsection (a) with respect to a major system, 
the Director shall terminate the major system unless the Director 
submits to Congress a Major System Congressional Report containing a 
certification in accordance with paragraph (2) and the information 
described in paragraph (3). The Director shall submit such Major System 
Congressional Report and certification not later than 90 days after the 
date the Director receives the relevant major system cost report under 
subsection (b) or (c) of section 506E.
    ``(2) A certification described by this paragraph with respect to a 
major system is a written certification that--
        ``(A) the continuation of the major system is essential to the 
    national security;
        ``(B) there are no alternatives to the major system that will 
    provide acceptable capability to meet the intelligence requirement 
    at less cost;
        ``(C) the new estimates of the total acquisition cost have been 
    determined by the Director to be reasonable;
        ``(D) the major system is a higher priority than other systems 
    whose funding must be reduced to accommodate the growth in cost of 
    the major system; and
        ``(E) the management structure for the major system is adequate 
    to manage and control the total acquisition cost.
    ``(3) A Major System Congressional Report accompanying a written 
certification under paragraph (2) shall include, in addition to the 
requirements of section 506E(e), the root cause analysis and assessment 
carried out pursuant to subsection (a), the basis for each 
determination made in accordance with subparagraphs (A) through (E) of 
paragraph (2), and a description of all funding changes made as a 
result of the growth in the cost of the major system, including 
reductions made in funding for other systems to accommodate such cost 
growth, together with supporting documentation.
    ``(c) Actions if Major System Not Terminated.--If the Director 
elects not to terminate a major system pursuant to subsection (b), the 
Director shall--
        ``(1) restructure the major system in a manner that addresses 
    the root cause or causes of the critical cost growth, as identified 
    pursuant to subsection (a), and ensures that the system has an 
    appropriate management structure as set forth in the certification 
    submitted pursuant to subsection (b)(2)(E);
        ``(2) rescind the most recent Milestone approval for the major 
    system;
        ``(3) require a new Milestone approval for the major system 
    before taking any action to enter a new contract, exercise an 
    option under an existing contract, or otherwise extend the scope of 
    an existing contract under the system, except to the extent 
    determined necessary by the Milestone Decision Authority, on a 
    nondelegable basis, to ensure that the system may be restructured 
    as intended by the Director without unnecessarily wasting 
    resources;
        ``(4) establish a revised current Baseline Estimate for the 
    major system based upon an updated cost estimate; and
        ``(5) conduct regular reviews of the major system.
    ``(d) Actions if Major System Terminated.--If a major system is 
terminated pursuant to subsection (b), the Director shall submit to 
Congress a written report setting forth--
        ``(1) an explanation of the reasons for terminating the major 
    system;
        ``(2) the alternatives considered to address any problems in 
    the major system; and
        ``(3) the course the Director plans to pursue to meet any 
    intelligence requirements otherwise intended to be met by the major 
    system.
    ``(e) Form of Report.--Any report or certification required to be 
submitted under this section may be submitted in a classified form.
    ``(f) Waiver.--(1) The Director may waive the requirements of 
subsections (d)(2), (e), and (g) of section 506E and subsections 
(a)(2), (b), (c), and (d) of this section with respect to a major 
system if the Director determines that at least 90 percent of the 
amount of the current Baseline Estimate for the major system has been 
expended.
    ``(2)(A) If the Director grants a waiver under paragraph (1) with 
respect to a major system, the Director shall submit to the 
congressional intelligence committees written notice of the waiver that 
includes--
        ``(i) the information described in section 506E(f); and
        ``(ii) if the current total acquisition cost of the major 
    system has increased by a percentage equal to or greater than the 
    critical cost growth threshold--
            ``(I) a determination of the root cause or causes of the 
        critical cost growth, as described in subsection (a)(1); and
            ``(II) a certification that includes the elements described 
        in subparagraphs (A), (B), and (E) of subsection (b)(2).
    ``(B) The Director shall submit the written notice required by 
subparagraph (A) not later than 90 days after the date that the 
Director receives a major system cost report under subsection (b) or 
(c) of section 506E that indicates that the total acquisition cost for 
the major system has increased by a percentage equal to or greater than 
the significant cost growth threshold or critical cost growth 
threshold.
    ``(g) Definitions.--In this section, the terms `cost estimate', 
`critical cost growth threshold', `current Baseline Estimate', `major 
system', and `total acquisition cost' have the meaning given those 
terms in section 506E(a).''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of that Act, as amended by section 323 of this Act, is 
further amended by inserting after the items relating to section 506E, 
as added by section 323(a)(3), the following new item:

``Sec. 506F. Critical cost growth in major systems.''.
    SEC. 325. FUTURE BUDGET PROJECTIONS.
    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), as amended by section 324 of this Act, is further 
amended by inserting after section 506F, as added by section 324(a), 
the following new section:


                       ``future budget projections

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

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

        (2) Repeal of duplicative provision.--Section 8104 of the 
    Department of Defense Appropriations Act, 2010 (50 U.S.C. 415a-3; 
    Public Law 111-118; 123 Stat. 3451) is repealed.
    SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS.
    Subsection (n) of section 102A of the National Security Act of 1947 
(50 U.S.C. 403-1) is amended by adding at the end the following new 
paragraph:
    ``(4)(A) In addition to the authority referred to in paragraph (1), 
the Director of National Intelligence may authorize the head of an 
element of the intelligence community to exercise an acquisition 
authority referred to in section 3 or 8(a) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by 
such element that is more than 50 percent funded under the National 
Intelligence Program.
    ``(B) The head of an element of the intelligence community may not 
exercise an authority referred to in subparagraph (A) until--
        ``(i) the head of such element (without delegation) submits to 
    the Director of National Intelligence a written request that 
    includes--
            ``(I) a description of such authority requested to be 
        exercised;
            ``(II) an explanation of the need for such authority, 
        including an explanation of the reasons that other authorities 
        are insufficient; and
            ``(III) a certification that the mission of such element 
        would be--
                ``(aa) impaired if such authority is not exercised; or
                ``(bb) significantly and measurably enhanced if such 
            authority is exercised; and
        ``(ii) the Director of National Intelligence issues a written 
    authorization that includes--
            ``(I) a description of the authority referred to in 
        subparagraph (A) that is authorized to be exercised; and
            ``(II) a justification to support the exercise of such 
        authority.
    ``(C) A request and authorization to exercise an authority referred 
to in subparagraph (A) may be made with respect to an individual 
acquisition or with respect to a specific class of acquisitions 
described in the request and authorization referred to in subparagraph 
(B).
    ``(D)(i) A request from a head of an element of the intelligence 
community located within one of the departments described in clause 
(ii) to exercise an authority referred to in subparagraph (A) shall be 
submitted to the Director of National Intelligence in accordance with 
any procedures established by the head of such department.
    ``(ii) The departments described in this clause are the Department 
of Defense, the Department of Energy, the Department of Homeland 
Security, the Department of Justice, the Department of State, and the 
Department of the Treasury.
    ``(E)(i) The head of an element of the intelligence community may 
not be authorized to utilize an authority referred to in subparagraph 
(A) for a class of acquisitions for a period of more than 3 years, 
except that the Director of National Intelligence (without delegation) 
may authorize the use of such an authority for not more than 6 years.
    ``(ii) Each authorization to utilize an authority referred to in 
subparagraph (A) may be extended in accordance with the requirements of 
subparagraph (B) for successive periods of not more than 3 years, 
except that the Director of National Intelligence (without delegation) 
may authorize an extension period of not more than 6 years.
    ``(F) Subject to clauses (i) and (ii) of subparagraph (E), the 
Director of National Intelligence may only delegate the authority of 
the Director under subparagraphs (A) through (E) to the Principal 
Deputy Director of National Intelligence or a Deputy Director of 
National Intelligence.
    ``(G) The Director of National Intelligence shall submit--
        ``(i) to the congressional intelligence committees a 
    notification of an authorization to exercise an authority referred 
    to in subparagraph (A) or an extension of such authorization that 
    includes the written authorization referred to in subparagraph 
    (B)(ii); and
        ``(ii) to the Director of the Office of Management and Budget a 
    notification of an authorization to exercise an authority referred 
    to in subparagraph (A) for an acquisition or class of acquisitions 
    that will exceed $50,000,000 annually.
    ``(H) Requests and authorizations to exercise an authority referred 
to in subparagraph (A) shall remain available within the Office of the 
Director of National Intelligence for a period of at least 6 years 
following the date of such request or authorization.
    ``(I) Nothing in this paragraph may be construed to alter or 
otherwise limit the authority of the Central Intelligence Agency to 
independently exercise an authority under section 3 or 8(a) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 
403j(a)).''.

        Subtitle D--Congressional Oversight, Plans, and Reports

    SEC. 331. NOTIFICATION PROCEDURES.
    (a) Procedures.--Section 501(c) of the National Security Act of 
1947 (50 U.S.C. 413(c)) is amended by striking ``such procedures'' and 
inserting ``such written procedures''.
    (b) Intelligence Activities.--Section 502(a)(2) of such Act (50 
U.S.C. 413a(a)(2)) is amended by inserting ``(including the legal basis 
under which the intelligence activity is being or was conducted)'' 
after ``concerning intelligence activities''.
    (c) Covert Actions.--Section 503 of such Act (50 U.S.C. 413b) is 
amended--
        (1) in subsection (b)(2), by inserting ``(including the legal 
    basis under which the covert action is being or was conducted)'' 
    after ``concerning covert actions'';
        (2) in subsection (c)--
            (A) in paragraph (1), by inserting ``in writing'' after 
        ``be reported'';
            (B) in paragraph (4), by striking ``committee. When'' and 
        inserting the following: ``committee.
        ``(5)(A) When''; and
            (C) in paragraph (5), as designated by subparagraph (B)--
                (i) in subparagraph (A), as so designated--

                    (I) by inserting ``, or a notification provided 
                under subsection (d)(1),'' after ``access to a 
                finding'';
                    (II) by inserting ``written'' before ``statement''; 
                and

                (ii) by adding at the end the following new 
            subparagraph:
            ``(B) Not later than 180 days after a statement of reasons 
        is submitted in accordance with subparagraph (A) or this 
        subparagraph, the President shall ensure that--
                ``(i) all members of the congressional intelligence 
            committees are provided access to the finding or 
            notification; or
                ``(ii) a statement of reasons that it is essential to 
            continue to limit access to such finding or such 
            notification to meet extraordinary circumstances affecting 
            vital interests of the United States is submitted to the 
            Members of Congress specified in paragraph (2).'';
        (3) in subsection (d)--
            (A) by striking ``(d) The President'' and inserting 
        ``(d)(1) The President'';
            (B) in paragraph (1), as designated by subparagraph (A), by 
        inserting ``in writing'' after ``notified''; and
            (C) by adding at the end the following new paragraph:
        ``(2) In determining whether an activity constitutes a 
    significant undertaking for purposes of paragraph (1), the 
    President shall consider whether the activity--
            ``(A) involves significant risk of loss of life;
            ``(B) requires an expansion of existing authorities, 
        including authorities relating to research, development, or 
        operations;
            ``(C) results in the expenditure of significant funds or 
        other resources;
            ``(D) requires notification under section 504;
            ``(E) gives rise to a significant risk of disclosing 
        intelligence sources or methods; or
            ``(F) presents a reasonably foreseeable risk of serious 
        damage to the diplomatic relations of the United States if such 
        activity were disclosed without authorization.''; and
        (4) by adding at the end the following new subsection:
    ``(g)(1) In any case where access to a finding reported under 
subsection (c) or notification provided under subsection (d)(1) is not 
made available to all members of a congressional intelligence committee 
in accordance with subsection (c)(2), the President shall notify all 
members of such committee that such finding or such notification has 
been provided only to the members specified in subsection (c)(2).
    ``(2) In any case where access to a finding reported under 
subsection (c) or notification provided under subsection (d)(1) is not 
made available to all members of a congressional intelligence committee 
in accordance with subsection (c)(2), the President shall provide to 
all members of such committee a general description regarding the 
finding or notification, as applicable, consistent with the reasons for 
not yet fully informing all members of such committee.
    ``(3) The President shall maintain--
        ``(A) a record of the members of Congress to whom a finding is 
    reported under subsection (c) or notification is provided under 
    subsection (d)(1) and the date on which each member of Congress 
    receives such finding or notification; and
        ``(B) each written statement provided under subsection 
    (c)(5).''.
    SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT REQUIREMENTS.
    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), as amended by section 325 of this Act, is further 
amended by adding at the end the following new section:


        ``certification of compliance with oversight requirements

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

``Sec. 508. Certification of compliance with oversight requirements.''.
    SEC. 333. REPORT ON DETENTION AND INTERROGATION ACTIVITIES.
    (a) Requirement for Report.--Not later than December 1, 2010, the 
Director of National Intelligence, in coordination with the Attorney 
General and the Secretary of Defense, shall submit to the congressional 
intelligence committees a comprehensive report containing--
        (1) the policies and procedures of the United States Government 
    governing participation by an element of the intelligence community 
    in the interrogation of individuals detained by the United States 
    who are suspected of international terrorism with the objective, in 
    whole or in part, of acquiring national intelligence, including 
    such policies and procedures of each appropriate element of the 
    intelligence community or interagency body established to carry out 
    interrogations;
        (2) the policies and procedures relating to any detention by 
    the Central Intelligence Agency of such individuals in accordance 
    with Executive Order 13491;
        (3) the legal basis for the policies and procedures referred to 
    in paragraphs (1) and (2);
        (4) the training and research to support the policies and 
    procedures referred to in paragraphs (1) and (2); and
        (5) any action that has been taken to implement section 1004 of 
    the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-1).
    (b) Other Submission of Report.--
        (1) Congressional armed services committees.--To the extent 
    that the report required by subsection (a) addresses an element of 
    the intelligence community within the Department of Defense, the 
    Director of National Intelligence, in consultation with the 
    Secretary of Defense, shall submit that portion of the report, and 
    any associated material that is necessary to make that portion 
    understandable, to the Committee on Armed Services of the Senate 
    and the Committee on Armed Services of the House of 
    Representatives. The Director of National Intelligence may 
    authorize redactions of the report and any associated materials 
    submitted pursuant to this paragraph, if such redactions are 
    consistent with the protection of sensitive intelligence sources 
    and methods.
        (2) Congressional judiciary committees.--To the extent that the 
    report required by subsection (a) addresses an element of the 
    intelligence community within the Department of Justice, the 
    Director of National Intelligence, in consultation with the 
    Attorney General, shall submit that portion of the report, and any 
    associated material that is necessary to make that portion 
    understandable, to the Committee on the Judiciary of the Senate and 
    the Committee on the Judiciary of the House of Representatives. The 
    Director of National Intelligence may authorize redactions of the 
    report and any associated materials submitted pursuant to this 
    paragraph, if such redactions are consistent with the protection of 
    sensitive intelligence sources and methods.
    (c) Form of Submissions.--Any submission required under this 
section may be submitted in classified form.
    SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM 
      OF DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
      CUBA.
    Not later than 60 days after the date of the enactment of this Act, 
the Director of National Intelligence, in consultation with the 
Director of the Central Intelligence Agency and the Director of the 
Defense Intelligence Agency, shall make publicly available an 
unclassified summary of--
        (1) intelligence relating to recidivism of detainees currently 
    or formerly held at the Naval Detention Facility at Guantanamo Bay, 
    Cuba, by the Department of Defense; and
        (2) an assessment of the likelihood that such detainees will 
    engage in terrorism or communicate with persons in terrorist 
    organizations.
    SEC. 335. REPORT AND STRATEGIC PLAN ON BIOLOGICAL WEAPONS.
    (a) Requirement for Report.--Not later than 180 days after the date 
of the enactment of this Act, the Director of National Intelligence 
shall submit to the congressional intelligence committees a report on--
        (1) the intelligence collection efforts of the United States 
    dedicated to assessing the threat from biological weapons from 
    state, nonstate, or rogue actors, either foreign or domestic; and
        (2) efforts to protect the biodefense knowledge and 
    infrastructure of the United States.
    (b) Content.--The report required by subsection (a) shall include--
        (1) an assessment of the intelligence collection efforts of the 
    United States dedicated to detecting the development or use of 
    biological weapons by state, nonstate, or rogue actors, either 
    foreign or domestic;
        (2) information on fiscal, human, technical, open-source, and 
    other intelligence collection resources of the United States 
    dedicated for use to detect or protect against the threat of 
    biological weapons;
        (3) an assessment of any problems that may reduce the overall 
    effectiveness of United States intelligence collection and analysis 
    to identify and protect biological weapons targets, including--
            (A) intelligence collection gaps or inefficiencies;
            (B) inadequate information sharing practices; or
            (C) inadequate cooperation among departments or agencies of 
        the United States;
        (4) a strategic plan prepared by the Director of National 
    Intelligence, in coordination with the Attorney General, the 
    Secretary of Defense, and the Secretary of Homeland Security, that 
    provides for actions for the appropriate elements of the 
    intelligence community to close important intelligence gaps related 
    to biological weapons;
        (5) a description of appropriate goals, schedules, milestones, 
    or metrics to measure the long-term effectiveness of actions 
    implemented to carry out the plan described in paragraph (4); and
        (6) any long-term resource and human capital issues related to 
    the collection of intelligence regarding biological weapons, 
    including any recommendations to address shortfalls of experienced 
    and qualified staff possessing relevant scientific, language, and 
    technical skills.
    (c) Implementation of Strategic Plan.--Not later than 30 days after 
the date on which the Director of National Intelligence submits the 
report required by subsection (a), the Director shall begin 
implementation of the strategic plan referred to in subsection (b)(4).
    SEC. 336. CYBERSECURITY OVERSIGHT.
    (a) Notification of Cybersecurity Programs.--
        (1) Requirement for notification.--
            (A) Existing programs.--Not later than 30 days after the 
        date of the enactment of this Act, the President shall submit 
        to Congress a notification for each cybersecurity program in 
        operation on such date that includes the documentation referred 
        to in subparagraphs (A) through (F) of paragraph (2).
            (B) New programs.--Not later than 30 days after the date of 
        the commencement of operations of a new cybersecurity program, 
        the President shall submit to Congress a notification of such 
        commencement that includes the documentation referred to in 
        subparagraphs (A) through (F) of paragraph (2).
        (2) Documentation.--A notification required by paragraph (1) 
    for a cybersecurity program shall include--
            (A) the legal basis for the cybersecurity program;
            (B) the certification, if any, made pursuant to section 
        2511(2)(a)(ii)(B) of title 18, United States Code, or other 
        statutory certification of legality for the cybersecurity 
        program;
            (C) the concept for the operation of the cybersecurity 
        program that is approved by the head of the appropriate 
        department or agency of the United States;
            (D) the assessment, if any, of the privacy impact of the 
        cybersecurity program prepared by the privacy or civil 
        liberties protection officer or comparable officer of such 
        department or agency;
            (E) the plan, if any, for independent audit or review of 
        the cybersecurity program to be carried out by the head of such 
        department or agency, in conjunction with the appropriate 
        inspector general; and
            (F) recommendations, if any, for legislation to improve the 
        capabilities of the United States Government to protect the 
        cybersecurity of the United States.
    (b) Program Reports.--
        (1) Requirement for reports.--The head of a department or 
    agency of the United States with responsibility for a cybersecurity 
    program for which a notification was submitted under subsection 
    (a), in consultation with the inspector general for that department 
    or agency, shall submit to Congress and the President a report on 
    such cybersecurity program that includes--
            (A) the results of any audit or review of the cybersecurity 
        program carried out under the plan referred to in subsection 
        (a)(2)(E), if any; and
            (B) an assessment of whether the implementation of the 
        cybersecurity program--
                (i) is in compliance with--

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

                (ii) is adequately described by the concept of 
            operation referred to in subsection (a)(2)(C); and
                (iii) includes an adequate independent audit or review 
            system and whether improvements to such independent audit 
            or review system are necessary.
        (2) Schedule for submission of reports.--
            (A) Existing programs.--Not later than 180 days after the 
        date of the enactment of this Act, and annually thereafter, the 
        head of a department or agency of the United States with 
        responsibility for a cybersecurity program for which a 
        notification is required to be submitted under subsection 
        (a)(1)(A) shall submit a report required under paragraph (1).
            (B) New programs.--Not later than 120 days after the date 
        on which a certification is submitted under subsection 
        (a)(1)(B), and annually thereafter, the head of a department or 
        agency of the United States with responsibility for the 
        cybersecurity program for which such certification is submitted 
        shall submit a report required under paragraph (1).
        (3) Cooperation and coordination.--
            (A) Cooperation.--The head of each department or agency of 
        the United States required to submit a report under paragraph 
        (1) for a particular cybersecurity program, and the inspector 
        general of each such department or agency, shall, to the extent 
        practicable, work in conjunction with any other such head or 
        inspector general required to submit such a report for such 
        cybersecurity program.
            (B) Coordination.--The heads of all of the departments and 
        agencies of the United States required to submit a report under 
        paragraph (1) for a particular cybersecurity program shall 
        designate one such head to coordinate the conduct of the 
        reports on such program.
    (c) Information Sharing Report.--Not later than one year after the 
date of the enactment of this Act, the Inspector General of the 
Department of Homeland Security and the Inspector General of the 
Intelligence Community shall jointly submit to Congress and the 
President a report on the status of the sharing of cyber-threat 
information, including--
        (1) a description of how cyber-threat intelligence information, 
    including classified information, is shared among the agencies and 
    departments of the United States and with persons responsible for 
    critical infrastructure;
        (2) a description of the mechanisms by which classified cyber-
    threat information is distributed;
        (3) an assessment of the effectiveness of cyber-threat 
    information sharing and distribution; and
        (4) any other matters identified by either Inspector General 
    that would help to fully inform Congress or the President regarding 
    the effectiveness and legality of cybersecurity programs.
    (d) Personnel Details.--
        (1) Authority to detail.--Notwithstanding any other provision 
    of law, the head of an element of the intelligence community that 
    is funded through the National Intelligence Program may detail an 
    officer or employee of such element to the National Cyber 
    Investigative Joint Task Force or to the Department of Homeland 
    Security to assist the Task Force or the Department with 
    cybersecurity, as jointly agreed by the head of such element and 
    the Task Force or the Department.
        (2) Basis for detail.--A personnel detail made under paragraph 
    (1) may be made--
            (A) for a period of not more than three years; and
            (B) on a reimbursable or nonreimbursable basis.
    (e) Additional Plan.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to Congress a plan for recruiting, retaining, and training a 
highly-qualified cybersecurity intelligence community workforce to 
secure the networks of the intelligence community. Such plan shall 
include--
        (1) an assessment of the capabilities of the current workforce;
        (2) an examination of issues of recruiting, retention, and the 
    professional development of such workforce, including the 
    possibility of providing retention bonuses or other forms of 
    compensation;
        (3) an assessment of the benefits of outreach and training with 
    both private industry and academic institutions with respect to 
    such workforce;
        (4) an assessment of the impact of the establishment of the 
    Department of Defense Cyber Command on such workforce;
        (5) an examination of best practices for making the 
    intelligence community workforce aware of cybersecurity best 
    practices and principles; and
        (6) strategies for addressing such other matters as the 
    Director of National Intelligence considers necessary to the 
    cybersecurity of the intelligence community.
    (f) Report on Guidelines and Legislation To Improve Cybersecurity 
of the United States.--
        (1) Initial.--Not later than one year after the date of the 
    enactment of this Act, the Director of National Intelligence, in 
    coordination with the Attorney General, the Director of the 
    National Security Agency, the White House Cybersecurity 
    Coordinator, and any other officials the Director of National 
    Intelligence considers appropriate, shall submit to Congress a 
    report containing guidelines or legislative recommendations, if 
    appropriate, to improve the capabilities of the intelligence 
    community and law enforcement agencies to protect the cybersecurity 
    of the United States. Such report shall include guidelines or 
    legislative recommendations on--
            (A) improving the ability of the intelligence community to 
        detect hostile actions and attribute attacks to specific 
        parties;
            (B) the need for data retention requirements to assist the 
        intelligence community and law enforcement agencies;
            (C) improving the ability of the intelligence community to 
        anticipate nontraditional targets of foreign intelligence 
        services; and
            (D) the adequacy of existing criminal statutes to 
        successfully deter cyber attacks, including statutes 
        criminalizing the facilitation of criminal acts, the scope of 
        laws for which a cyber crime constitutes a predicate offense, 
        trespassing statutes, data breach notification requirements, 
        and victim restitution statutes.
        (2) Subsequent.--Not later than one year after the date on 
    which the initial report is submitted under paragraph (1), and 
    annually thereafter for two years, the Director of National 
    Intelligence, in consultation with the Attorney General, the 
    Director of the National Security Agency, the White House 
    Cybersecurity Coordinator, and any other officials the Director of 
    National Intelligence considers appropriate, shall submit to 
    Congress an update of the report required under paragraph (1).
    (g) Sunset.--The requirements and authorities of subsections (a) 
through (e) shall terminate on December 31, 2013.
    (h) Definitions.--In this section:
        (1) Cybersecurity program.--The term ``cybersecurity program'' 
    means a class or collection of similar cybersecurity operations of 
    a department or agency of the United States that involves 
    personally identifiable data that is--
            (A) screened by a cybersecurity system outside of the 
        department or agency of the United States that was the intended 
        recipient of the personally identifiable data;
            (B) transferred, for the purpose of cybersecurity, outside 
        the department or agency of the United States that was the 
        intended recipient of the personally identifiable data; or
            (C) transferred, for the purpose of cybersecurity, to an 
        element of the intelligence community.
        (2) National cyber investigative joint task force.--The term 
    ``National Cyber Investigative Joint Task Force'' means the 
    multiagency cyber investigation coordination organization overseen 
    by the Director of the Federal Bureau of Investigation known as the 
    National Cyber Investigative Joint Task Force that coordinates, 
    integrates, and provides pertinent information related to 
    cybersecurity investigations.
        (3) Critical infrastructure.--The term ``critical 
    infrastructure'' has the meaning given that term in section 1016 of 
    the USA PATRIOT Act (42 U.S.C. 5195c).
    SEC. 337. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE 
      INTELLIGENCE COMMUNITY.
    (a) Report.--Not later than one year after the date of the 
enactment of this Act, and biennially thereafter for four years, the 
Director of National Intelligence shall submit to the congressional 
intelligence committees and the Committees on Armed Services of the 
House of Representatives and the Senate a report on the proficiency in 
foreign languages and, as appropriate, in foreign dialects, of each 
element of the intelligence community, including--
        (1) the number of positions authorized for such element that 
    require foreign language proficiency and a description of the level 
    of proficiency required;
        (2) an estimate of the number of such positions that such 
    element will require during the five-year period beginning on the 
    date of the submission of the report;
        (3) the number of positions authorized for such element that 
    require foreign language proficiency that are filled by--
            (A) military personnel; and
            (B) civilian personnel;
        (4) the number of applicants for positions in such element in 
    the preceding fiscal year that indicated foreign language 
    proficiency, including the foreign language indicated and the 
    proficiency level;
        (5) the number of persons hired by such element with foreign 
    language proficiency, including the foreign language and a 
    description of the proficiency level of such persons;
        (6) the number of personnel of such element currently attending 
    foreign language training, including the provider of such training;
        (7) a description of the efforts of such element to recruit, 
    hire, train, and retain personnel that are proficient in a foreign 
    language;
        (8) an assessment of methods and models for basic, advanced, 
    and intensive foreign language training utilized by such element;
        (9) for each foreign language and, as appropriate, dialect of a 
    foreign language--
            (A) the number of positions of such element that require 
        proficiency in the foreign language or dialect;
            (B) the number of personnel of such element that are 
        serving in a position that requires proficiency in the foreign 
        language or dialect to perform the primary duty of the 
        position;
            (C) the number of personnel of such element that are 
        serving in a position that does not require proficiency in the 
        foreign language or dialect to perform the primary duty of the 
        position;
            (D) the number of personnel of such element rated at each 
        level of proficiency of the Interagency Language Roundtable;
            (E) whether the number of personnel at each level of 
        proficiency of the Interagency Language Roundtable meets the 
        requirements of such element;
            (F) the number of personnel serving or hired to serve as 
        linguists for such element that are not qualified as linguists 
        under the standards of the Interagency Language Roundtable;
            (G) the number of personnel hired to serve as linguists for 
        such element during the preceding calendar year;
            (H) the number of personnel serving as linguists that 
        discontinued serving such element during the preceding calendar 
        year;
            (I) the percentage of work requiring linguistic skills that 
        is fulfilled by a foreign country, international organization, 
        or other foreign entity; and
            (J) the percentage of work requiring linguistic skills that 
        is fulfilled by contractors;
        (10) an assessment of the foreign language capacity and 
    capabilities of the intelligence community as a whole;
        (11) an identification of any critical gaps in foreign language 
    proficiency with respect to such element and recommendations for 
    eliminating such gaps;
        (12) recommendations, if any, for eliminating required reports 
    relating to foreign-language proficiency that the Director of 
    National Intelligence considers outdated or no longer relevant; and
        (13) an assessment of the feasibility of employing foreign 
    nationals lawfully present in the United States who have previously 
    worked as translators or interpreters for the Armed Forces or 
    another department or agency of the United States Government in 
    Iraq or Afghanistan to meet the critical language needs of such 
    element.
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    SEC. 338. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE 
      INTELLIGENCE COMMUNITY.
    (a) Requirement for Report.--Not later than one year after the date 
of the enactment of this Act, the Director of National Intelligence, in 
coordination with the head of each element of the intelligence 
community, shall submit to the congressional intelligence committees a 
report on the plans of each such element to increase diversity within 
the intelligence community.
    (b) Content.--The report required by subsection (a) shall include 
specific implementation plans to increase diversity within each element 
of the intelligence community, including--
        (1) specific implementation plans for each such element 
    designed to achieve the goals articulated in the strategic plan of 
    the Director of National Intelligence on equal employment 
    opportunity and diversity;
        (2) specific plans and initiatives for each such element to 
    increase recruiting and hiring of diverse candidates;
        (3) specific plans and initiatives for each such element to 
    improve retention of diverse Federal employees at the junior, 
    midgrade, senior, and management levels;
        (4) a description of specific diversity awareness training and 
    education programs for senior officials and managers of each such 
    element; and
        (5) a description of performance metrics to measure the success 
    of carrying out the plans, initiatives, and programs described in 
    paragraphs (1) through (4).
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    SEC. 339. REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.
    (a) Requirement for Report.--Not later than February 1, 2011, the 
Director of National Intelligence shall submit to the congressional 
intelligence committees and the Committees on Armed Services of the 
House of Representatives and the Senate a report describing the use of 
personal services contracts across the intelligence community, the 
impact of the use of such contracts on the intelligence community 
workforce, plans for conversion of contractor employment into United 
States Government employment, and the accountability mechanisms that 
govern the performance of such personal services contracts.
    (b) Content.--
        (1) In general.--The report submitted under subsection (a) 
    shall include--
            (A) a description of any relevant regulations or guidance 
        issued by the Director of National Intelligence or the head of 
        an element of the intelligence community and in effect as of 
        February 1, 2011, relating to minimum standards required 
        regarding the hiring, training, security clearance, and 
        assignment of contract personnel and how those standards may 
        differ from those for United States Government employees 
        performing substantially similar functions;
            (B) an identification of contracts in effect during the 
        preceding fiscal year under which the contractor is performing 
        substantially similar functions to a United States Government 
        employee;
            (C) an assessment of costs incurred or savings achieved 
        during the preceding fiscal year by awarding contracts for the 
        performance of such functions referred to in subparagraph (B) 
        instead of using full-time employees of the elements of the 
        intelligence community to perform such functions;
            (D) an assessment of the appropriateness of using 
        contractors to perform the activities described in paragraph 
        (2);
            (E) an estimate of the number of contracts, and the number 
        of personnel working under such contracts, related to the 
        performance of activities described in paragraph (2);
            (F) a comparison of the compensation of contract employees 
        and United States Government employees performing substantially 
        similar functions during the preceding fiscal year;
            (G) an analysis of the attrition of United States 
        Government employees for contractor positions that provide 
        substantially similar functions during the preceding fiscal 
        year;
            (H) a description of positions that have been or will be 
        converted from contractor employment to United States 
        Government employment during fiscal years 2011 and 2012;
            (I) an analysis of the oversight and accountability 
        mechanisms applicable to personal services contracts awarded 
        for intelligence activities by each element of the intelligence 
        community during fiscal years 2009 and 2010;
            (J) an analysis of procedures in use in the intelligence 
        community as of February 1, 2011, for conducting oversight of 
        contractors to ensure identification and prosecution of 
        criminal violations, financial waste, fraud, or other abuses 
        committed by contractors or contract personnel; and
            (K) an identification of best practices for oversight and 
        accountability mechanisms applicable to personal services 
        contracts.
        (2) Activities.--Activities described in this paragraph are the 
    following:
            (A) Intelligence collection.
            (B) Intelligence analysis.
            (C) Covert actions, including rendition, detention, and 
        interrogation activities.
    SEC. 340. STUDY ON ELECTRONIC WASTE DESTRUCTION PRACTICES OF THE 
      INTELLIGENCE COMMUNITY.
    (a) Study.--The Inspector General of the Intelligence Community 
shall conduct a study on the electronic waste destruction practices of 
the intelligence community. Such study shall assess--
        (1) the security of the electronic waste disposal practices of 
    the intelligence community, including the potential for 
    counterintelligence exploitation of destroyed, discarded, or 
    recycled materials;
        (2) the environmental impact of such disposal practices; and
        (3) methods to improve the security and environmental impact of 
    such disposal practices, including steps to prevent the forensic 
    exploitation of electronic waste.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Inspector General of the Intelligence 
Community shall submit to the congressional intelligence committees a 
report containing the results of the study conducted under subsection 
(a).
    SEC. 341. REVIEW OF RECORDS RELATING TO POTENTIAL HEALTH RISKS 
      AMONG DESERT STORM VETERANS.
    (a) Review.--The Director of the Central Intelligence Agency shall 
conduct a classification review of the records of the Agency that are 
relevant to the known or potential health effects suffered by veterans 
of Operation Desert Storm as described in the November 2008, report by 
the Department of Veterans Affairs Research Advisory Committee on Gulf 
War Veterans' Illnesses.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall submit to Congress the results of the classification review 
conducted under subsection (a), including the total number of records 
of the Agency that are relevant.
    (c) Form.--The report required under subsection (b) shall be 
submitted in unclassified form, but may include a classified annex.
    SEC. 342. REVIEW OF FEDERAL BUREAU OF INVESTIGATION EXERCISE OF 
      ENFORCEMENT JURISDICTION IN FOREIGN NATIONS.
    Not later than 120 days after the date of the enactment of this 
Act, the Director of the Federal Bureau of Investigation, in 
consultation with the Secretary of State, shall submit to Congress a 
review of constraints under international law and the laws of foreign 
nations to the assertion of enforcement jurisdiction with respect to 
criminal investigations of terrorism offenses under the laws of the 
United States conducted by agents of the Federal Bureau of 
Investigation in foreign nations and using funds made available for the 
National Intelligence Program, including constraints identified in 
section 432 of the Restatement (Third) of the Foreign Relations Law of 
the United States.
    SEC. 343. PUBLIC RELEASE OF INFORMATION ON PROCEDURES USED IN 
      NARCOTICS AIRBRIDGE DENIAL PROGRAM IN PERU.
    Not later than 30 days after the date of the enactment of this Act, 
the Director of the Central Intelligence Agency shall make publicly 
available an unclassified version of the report of the Inspector 
General of the Central Intelligence Agency entitled ``Procedures Used 
in Narcotics Airbridge Denial Program in Peru, 1995-2001'', dated 
August 25, 2008.
    SEC. 344. REPORT ON THREAT FROM DIRTY BOMBS.
    Not later than 180 days after the date of the enactment of this 
Act, the Director of National Intelligence, in consultation with the 
Nuclear Regulatory Commission, shall submit to Congress a report 
summarizing intelligence related to the threat to the United States 
from weapons that use radiological materials, including highly 
dispersible substances such as cesium-137.
    SEC. 345. REPORT ON CREATION OF SPACE INTELLIGENCE OFFICE.
    Not later than 60 days after the date of the enactment of this Act, 
the Director of National Intelligence shall submit to Congress a report 
on the feasibility and advisability of creating a national space 
intelligence office to manage space-related intelligence assets and 
access to such assets.
    SEC. 346. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE DEVICE ON 
      NORTHWEST AIRLINES FLIGHT 253.
    Not later than 180 days after the date of the enactment of this 
Act, the Director of National Intelligence shall submit to Congress a 
report on the attempt to detonate an explosive device aboard Northwest 
Airlines flight number 253 on December 25, 2009. Such report shall 
describe the failures, if any, to share or analyze intelligence or 
other information and the measures that the intelligence community has 
taken or will take to prevent such failures, including--
        (1) a description of the roles and responsibilities of the 
    counterterrorism analytic components of the intelligence community 
    in synchronizing, correlating, and analyzing all sources of 
    intelligence related to terrorism;
        (2) an assessment of the technological capabilities of the 
    United States Government to assess terrorist threats, including--
            (A) a list of all databases used by counterterrorism 
        analysts;
            (B) a description of the steps taken by the intelligence 
        community to integrate all relevant terrorist databases and 
        allow for cross-database searches;
            (C) a description of the steps taken by the intelligence 
        community to correlate biographic information with terrorism-
        related intelligence; and
            (D) a description of the improvements to information 
        technology needed to enable the United States Government to 
        better share information;
        (3) any recommendations that the Director considers appropriate 
    for legislation to improve the sharing of intelligence or 
    information relating to terrorists;
        (4) a description of the steps taken by the intelligence 
    community to train analysts on watchlisting processes and 
    procedures;
        (5) a description of the manner in which watchlisting 
    information is entered, reviewed, searched, analyzed, and acted 
    upon by the relevant elements of the United States Government;
        (6) a description of the steps the intelligence community is 
    taking to enhance the rigor and raise the standard of tradecraft of 
    intelligence analysis related to uncovering and preventing 
    terrorist plots;
        (7) a description of the processes and procedures by which the 
    intelligence community prioritizes terrorism threat leads and the 
    standards used by elements of the intelligence community to 
    determine if follow-up action is appropriate;
        (8) a description of the steps taken to enhance record 
    information on possible terrorists in the Terrorist Identities 
    Datamart Environment;
        (9) an assessment of how to meet the challenge associated with 
    exploiting the ever-increasing volume of information available to 
    the intelligence community; and
        (10) a description of the steps the intelligence community has 
    taken or will take to respond to any findings and recommendations 
    of the congressional intelligence committees, with respect to any 
    such failures, that have been transmitted to the Director of 
    National Intelligence.
    SEC. 347. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
    (a) Annual Report on Intelligence.--Section 109 of the National 
Security Act of 1947 (50 U.S.C. 404d) is repealed.
    (b) Annual and Special Reports on Intelligence Sharing With the 
United Nations.--Section 112 of the National Security Act of 1947 (50 
U.S.C. 404g) is amended--
        (1) by striking subsection (b); and
        (2) by redesignating subsections (c), (d), and (e) as 
    subsections (b), (c), and (d), respectively.
    (c) Annual Report on Progress in Auditable Financial Statements.--
Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-1) is 
repealed.
    (d) Report on Financial Intelligence on Terrorist Assets.--Section 
118 of the National Security Act of 1947 (50 U.S.C. 404m) is amended--
        (1) in the heading, by striking ``semiannual'' and inserting 
    ``annual'';
        (2) in subsection (a)--
            (A) in the heading, by striking ``Semiannual'' and 
        inserting ``Annual'';
            (B) in the matter preceding paragraph (1)--
                (i) by striking ``semiannual basis'' and inserting 
            ``annual basis''; and
                (ii) by striking ``preceding six-month period'' and 
            inserting ``preceding one-year period'';
            (C) by striking paragraph (2); and
            (D) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively; and
        (3) in subsection (d)--
            (A) in paragraph (1), by inserting ``the Committee on Armed 
        Services,'' after ``the Committee on Appropriations,''; and
            (B) in paragraph (2), by inserting ``the Committee on Armed 
        Services,'' after ``the Committee on Appropriations,''.
    (e) Annual Certification on Counterintelligence Initiatives.--
Section 1102(b) of the National Security Act of 1947 (50 U.S.C. 
442a(b)) is amended--
        (1) by striking ``(1)''; and
        (2) by striking paragraph (2).
    (f) Report and Certification Under Terrorist Identification 
Classification System.--Section 343 of the Intelligence Authorization 
Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is amended--
        (1) by striking subsection (d); and
        (2) by redesignating subsections (e), (f), (g), and (h) as 
    subsections (d), (e), (f), and (g), respectively.
    (g) Annual Report on Counterdrug Intelligence Matters.--Section 826 
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306; 21 U.S.C. 873 note) is repealed.
    (h) Biennial Report on Foreign Industrial Espionage.--Subsection 
(b) of section 809 of the Intelligence Authorization Act for Fiscal 
Year 1995 (50 U.S.C. App. 2170b) is amended--
        (1) in the heading, by striking ``Annual Update'' and inserting 
    ``Biennial Report'';
        (2) by striking paragraphs (1) and (2) and inserting the 
    following new paragraph:
        ``(1) Requirement to submit.--Not later than February 1, 2011, 
    and once every two years thereafter, the President shall submit to 
    the congressional intelligence committees and congressional 
    leadership a report updating the information referred to in 
    subsection (a)(1)D).''; and
        (3) by redesignating paragraph (3) as paragraph (2).
    (i) Table of Contents Amendments.--
        (1) National security act of 1947.--The table of contents in 
    the first section of the National Security Act of 1947, as amended 
    by section 332 of this Act, is further amended--
            (A) by striking the item relating to section 109;
            (B) by striking the item relating to section 114A; and
            (C) by striking the item relating to section 118 and 
        inserting the following new item:

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

        (2) Intelligence authorization act for fiscal year 2003.--The 
    table of contents in the first section of the Intelligence 
    Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 
    Stat. 2383) is amended by striking the item relating to section 
    826.
    SEC. 348. INFORMATION ACCESS BY THE COMPTROLLER GENERAL OF THE 
      UNITED STATES.
    (a) DNI Directive Governing Access.--
        (1) Requirement for directive.--The Director of National 
    Intelligence, in consultation with the Comptroller General of the 
    United States, shall issue a written directive governing the access 
    of the Comptroller General to information in the possession of an 
    element of the intelligence community.
        (2) Amendment to directive.--The Director of National 
    Intelligence, in consultation with the Comptroller General, may 
    issue an amendment to the directive issued under paragraph (1) at 
    any time the Director determines such an amendment is appropriate.
        (3) Relationship to other laws.--The directive issued under 
    paragraph (1) and any amendment to such directive issued under 
    paragraph (2) shall be consistent with the provisions of--
            (A) chapter 7 of title 31, United States Code; and
            (B) the National Security Act of 1947 (50 U.S.C. 401 et 
        seq.).
    (b) Confidentiality of Information.--
        (1) Requirement for confidentiality.--The Comptroller General 
    of the United States shall ensure that the level of confidentiality 
    of information made available to the Comptroller General pursuant 
    to the directive issued under subsection (a)(1) or an amendment to 
    such directive issued under subsection (a)(2) is not less than the 
    level of confidentiality of such information required of the head 
    of the element of the intelligence community from which such 
    information was obtained.
        (2) Penalties for unauthorized disclosure.--An officer or 
    employee of the Government Accountability Office shall be subject 
    to the same statutory penalties for unauthorized disclosure or use 
    of such information as an officer or employee of the element of the 
    intelligence community from which such information was obtained.
    (c) Submission to Congress.--
        (1) Submission of directive.--The directive issued under 
    subsection (a)(1) shall be submitted to Congress by the Director of 
    National Intelligence, together with any comments of the 
    Comptroller General of the United States, no later than May 1, 
    2011.
        (2) Submission of amendment.--Any amendment to such directive 
    issued under subsection (a)(2) shall be submitted to Congress by 
    the Director, together with any comments of the Comptroller 
    General.
    (d) Effective Date.--The directive issued under subsection (a)(1) 
and any amendment to such directive issued under subsection (a)(2) 
shall take effect 60 days after the date such directive or amendment is 
submitted to Congress under subsection (c), unless the Director 
determines that for reasons of national security the directive or 
amendment should take effect sooner.
    SEC. 349. CONFORMING AMENDMENTS FOR REPORT SUBMISSION DATES.
    Section 507 of the National Security Act of 1947 (50 U.S.C. 415b) 
is amended--
        (1) in subsection (a)--
            (A) in paragraph (1)--
                (i) by striking subparagraphs (A), (B), and (G);
                (ii) by redesignating subparagraphs (C), (D), (E), (F), 
            (H), (I), and (N) as subparagraphs (A), (B), (C), (D), (E), 
            (F), and (G), respectively; and
                (iii) by adding at the end the following new 
            subparagraphs:
        ``(H) The annual report on outside employment of employees of 
    elements of the intelligence community required by section 
    102A(u)(2).
        ``(I) The annual report on financial intelligence on terrorist 
    assets required by section 118.''; and
            (B) in paragraph (2), by striking subparagraphs (C) and 
        (D); and
        (2) in subsection (b), by striking paragraph (6).

                       Subtitle E--Other Matters

    SEC. 361. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT 
      RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.
    Paragraph (4) of section 7342(f) of title 5, United States Code, is 
amended to read as follows:
    ``(4)(A) In transmitting such listings for an element of the 
intelligence community, the head of such element may delete the 
information described in subparagraph (A) or (C) of paragraph (2) or in 
subparagraph (A) or (C) of paragraph (3) if the head of such element 
certifies in writing to the Secretary of State that the publication of 
such information could adversely affect United States intelligence 
sources or methods.
    ``(B) Any information not provided to the Secretary of State 
pursuant to the authority in subparagraph (A) shall be transmitted to 
the Director of National Intelligence who shall keep a record of such 
information.
    ``(C) In this paragraph, the term `intelligence community' has the 
meaning given that term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)).''.
    SEC. 362. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT 
      INTELLIGENCE ACTIVITIES.
    Subparagraph (B) of section 504(a)(3) of the National Security Act 
of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows:
        ``(B) the use of such funds for such activity supports an 
    emergent need, improves program effectiveness, or increases 
    efficiency; and''.
    SEC. 363. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION.
    (a) Increase in Penalties for Disclosure of Undercover Intelligence 
Officers and Agents.--
        (1) Disclosure of agent after access to information identifying 
    agent.--Subsection (a) of section 601 of the National Security Act 
    of 1947 (50 U.S.C. 421) is amended by striking ``ten years'' and 
    inserting ``15 years''.
        (2) Disclosure of agent after access to classified 
    information.--Subsection (b) of such section is amended by striking 
    ``five years'' and inserting ``10 years''.
    (b) Modifications to Annual Report on Protection of Intelligence 
Identities.--The first sentence of section 603(a) of the National 
Security Act of 1947 (50 U.S.C. 423(a)) is amended by inserting 
``including an assessment of the need, if any, for modification of this 
title for the purpose of improving legal protections for covert 
agents,'' after ``measures to protect the identities of covert 
agents,''.
    SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET.
    Section 601 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (50 U.S.C. 415c) is amended to read as follows:
    ``SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING 
      INFORMATION.
    ``(a) Budget Request.--At the time that the President submits to 
Congress the budget for a fiscal year pursuant to section 1105 of title 
31, United States Code, the President shall disclose to the public the 
aggregate amount of appropriations requested for that fiscal year for 
the National Intelligence Program.
    ``(b) Amounts Appropriated Each Fiscal Year.--Not later than 30 
days after the end of each fiscal year, the Director of National 
Intelligence shall disclose to the public the aggregate amount of funds 
appropriated by Congress for the National Intelligence Program for such 
fiscal year.
    ``(c) Waiver.--
        ``(1) In general.--The President may waive or postpone the 
    disclosure required by subsection (a) or (b) for a fiscal year by 
    submitting to the Select Committee on Intelligence of the Senate 
    and Permanent Select Committee on Intelligence of the House of 
    Representatives--
            ``(A) a statement, in unclassified form, that the 
        disclosure required in subsection (a) or (b) for that fiscal 
        year would damage national security; and
            ``(B) a statement detailing the reasons for the waiver or 
        postponement, which may be submitted in classified form.
        ``(2) Submission dates.--The President shall submit the 
    statements required under paragraph (1)--
            ``(A) in the case of a waiver or postponement of a 
        disclosure required under subsection (a), at the time of the 
        submission of the budget for the fiscal year for which such 
        disclosure is waived or postponed; and
            ``(B) in the case of a waiver or postponement of a 
        disclosure required under subsection (b), not later than 30 
        days after the date of the end of the fiscal year for which 
        such disclosure is waived or postponed.
    ``(d) Definition.--As used in this section, the term `National 
Intelligence Program' has the meaning given the term in section 3(6) of 
the National Security Act of 1947 (50 U.S.C. 401a(6)).''.
    SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC INTEREST 
      DECLASSIFICATION BOARD.
    Paragraph (5) of section 703(b) of the Public Interest 
Declassification Act of 2000 (50 U.S.C. 435 note) is amended--
        (1) by striking ``jurisdiction,'' and inserting ``jurisdiction 
    or by a member of the committee of jurisdiction,''; and
        (2) by inserting ``, to evaluate the proper classification of 
    certain records,'' after ``certain records''.
    SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPERATIONS TO COLLECT 
      FOREIGN INTELLIGENCE OR COUNTERINTELLIGENCE.
    Paragraph (1) of section 102(b) of the Department of Justice and 
Related Agencies Appropriations Act, 1993 (Public Law 102-395; 28 
U.S.C. 533 note) is amended in the flush text following subparagraph 
(D) by striking ``(or, if designated by the Director, the Assistant 
Director, Intelligence Division) and the Attorney General (or, if 
designated by the Attorney General, the Assistant Attorney General for 
National Security)'' and inserting ``(or a designee of the Director who 
is in a position not lower than Deputy Assistant Director in the 
National Security Branch or a similar successor position) and the 
Attorney General (or a designee of the Attorney General who is in the 
National Security Division in a position not lower than Deputy 
Assistant Attorney General or a similar successor position)''.
    SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY.
    (a) Reports Relating to Security Clearances.--
        (1) Quadrennial audit; security clearance determinations.--
            (A) In general.--Title V of the National Security Act of 
        1947 (50 U.S.C. 413 et seq.), as amended by section 325 of this 
        Act, is further amended by inserting after section 506G, as 
        added by section 325(a), the following new section:


                     ``reports on security clearances

    ``Sec. 506H.  (a) Quadrennial Audit of Position Requirements.--(1) 
The President shall every four years conduct an audit of the manner in 
which the executive branch determines whether a security clearance is 
required for a particular position in the United States Government.
    ``(2) Not later than 30 days after the completion of an audit 
conducted under paragraph (1), the President shall submit to Congress 
the results of such audit.
    ``(b) Report on Security Clearance Determinations.--(1) Not later 
than February 1 of each year, the President shall submit to Congress a 
report on the security clearance process. Such report shall include, 
for each security clearance level--
        ``(A) the number of employees of the United States Government 
    who--
            ``(i) held a security clearance at such level as of October 
        1 of the preceding year; and
            ``(ii) were approved for a security clearance at such level 
        during the preceding fiscal year;
        ``(B) the number of contractors to the United States Government 
    who--
            ``(i) held a security clearance at such level as of October 
        1 of the preceding year; and
            ``(ii) were approved for a security clearance at such level 
        during the preceding fiscal year; and
        ``(C) for each element of the intelligence community--
            ``(i) the total amount of time it took to process the 
        security clearance determination for such level that--
                ``(I) was among the 80 percent of security clearance 
            determinations made during the preceding fiscal year that 
            took the shortest amount of time to complete; and
                ``(II) took the longest amount of time to complete;
            ``(ii) the total amount of time it took to process the 
        security clearance determination for such level that--
                ``(I) was among the 90 percent of security clearance 
            determinations made during the preceding fiscal year that 
            took the shortest amount of time to complete; and
                ``(II) took the longest amount of time to complete;
            ``(iii) the number of pending security clearance 
        investigations for such level as of October 1 of the preceding 
        year that have remained pending for--
                ``(I) 4 months or less;
                ``(II) between 4 months and 8 months;
                ``(III) between 8 months and one year; and
                ``(IV) more than one year;
            ``(iv) the percentage of reviews during the preceding 
        fiscal year that resulted in a denial or revocation of a 
        security clearance;
            ``(v) the percentage of investigations during the preceding 
        fiscal year that resulted in incomplete information;
            ``(vi) the percentage of investigations during the 
        preceding fiscal year that did not result in enough information 
        to make a decision on potentially adverse information; and
            ``(vii) for security clearance determinations completed or 
        pending during the preceding fiscal year that have taken longer 
        than one year to complete--
                ``(I) the number of security clearance determinations 
            for positions as employees of the United States Government 
            that required more than one year to complete;
                ``(II) the number of security clearance determinations 
            for contractors that required more than one year to 
            complete;
                ``(III) the agencies that investigated and adjudicated 
            such determinations; and
                ``(IV) the cause of significant delays in such 
            determinations.
    ``(2) For purposes of paragraph (1), the President may consider--
        ``(A) security clearances at the level of confidential and 
    secret as one security clearance level; and
        ``(B) security clearances at the level of top secret or higher 
    as one security clearance level.
    ``(c) Form.--The results required under subsection (a)(2) and the 
reports required under subsection (b)(1) shall be submitted in 
unclassified form, but may include a classified annex.''.
            (B) Initial audit.--The first audit required to be 
        conducted under section 506H(a)(1) of the National Security Act 
        of 1947, as added by subparagraph (A) of this paragraph, shall 
        be completed not later than February 1, 2011.
            (C) Table of contents amendment.--The table of contents in 
        the first section of such Act, as amended by section 347(i) of 
        this Act, is further amended by inserting after the item 
        relating to section 506G, as added by section 325 of this Act, 
        the following new item:

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

        (2) Report on metrics for adjudication quality.--Not later than 
    180 days after the date of the enactment of this Act, the President 
    shall submit to Congress a report on security clearance 
    investigations and adjudications. Such report shall include--
            (A) United States Government-wide adjudication guidelines 
        and metrics for adjudication quality;
            (B) a plan to improve the professional development of 
        security clearance adjudicators;
            (C) metrics to evaluate the effectiveness of interagency 
        clearance reciprocity;
            (D) United States Government-wide investigation standards 
        and metrics for investigation quality; and
            (E) the advisability, feasibility, counterintelligence 
        risk, and cost effectiveness of--
                (i) by not later than January 1, 2012, requiring the 
            investigation and adjudication of security clearances to be 
            conducted by not more than two Federal agencies; and
                (ii) by not later than January 1, 2015, requiring the 
            investigation and adjudication of security clearances to be 
            conducted by not more than one Federal agency.
    (b) Security Clearance Reciprocity.--
        (1) Audit.--The Inspector General of the Intelligence Community 
    shall conduct an audit of the reciprocity of security clearances 
    among the elements of the intelligence community.
        (2) Report.--Not later than 180 days after the date of the 
    enactment of this Act, the Inspector General of the Intelligence 
    Community shall submit to the congressional intelligence committees 
    a report containing the results of the audit conducted under 
    paragraph (1). Such report shall include an assessment of the time 
    required to obtain a reciprocal security clearance for--
            (A) an employee of an element of the intelligence community 
        detailed to another element of the intelligence community;
            (B) an employee of an element of the intelligence community 
        seeking permanent employment with another element of the 
        intelligence community; and
            (C) a contractor seeking permanent employment with an 
        element of the intelligence community.
        (3) Form.--The report required under paragraph (2) shall be 
    submitted in unclassified form, but may include a classified annex.
    SEC. 368. CORRECTING LONG-STANDING MATERIAL WEAKNESSES.
    (a) Definitions.--In this section:
        (1) Covered element of the intelligence community.--The term 
    ``covered element of the intelligence community'' means--
            (A) the Central Intelligence Agency;
            (B) the Defense Intelligence Agency;
            (C) the National Geospatial-Intelligence Agency;
            (D) the National Reconnaissance Office; or
            (E) the National Security Agency.
        (2) Independent auditor.--The term ``independent auditor'' 
    means an individual who--
            (A)(i) is a Federal, State, or local government auditor who 
        meets the independence standards included in generally accepted 
        government auditing standards; or
            (ii) is a public accountant who meets such independence 
        standards; and
            (B) is designated as an auditor by the Director of National 
        Intelligence or the head of a covered element of the 
        intelligence community, as appropriate.
        (3) Independent review.--The term ``independent review'' means 
    an audit, attestation, or examination conducted by an independent 
    auditor in accordance with generally accepted government auditing 
    standards.
        (4) Long-standing, correctable material weakness.--The term 
    ``long-standing, correctable material weakness'' means a material 
    weakness--
            (A) that was first reported in the annual financial report 
        of a covered element of the intelligence community for a fiscal 
        year prior to fiscal year 2007; and
            (B) the correction of which is not substantially dependent 
        on a business system that was not implemented prior to the end 
        of fiscal year 2010.
        (5) Material weakness.--The term ``material weakness'' has the 
    meaning given that term under the Office of Management and Budget 
    Circular A-123, entitled ``Management's Responsibility for Internal 
    Control,'' revised December 21, 2004.
        (6) Senior intelligence management official.--The term ``senior 
    intelligence management official'' means an official within a 
    covered element of the intelligence community who is--
            (A)(i) compensated under the Senior Intelligence Service 
        pay scale; or
            (ii) the head of a covered element of the intelligence 
        community; and
            (B) compensated for employment with funds appropriated 
        pursuant to an authorization of appropriations in this Act.
    (b) Identification of Senior Intelligence Management Officials.--
        (1) Requirement to identify.--Not later than 30 days after the 
    date of the enactment of this Act, the head of a covered element of 
    the intelligence community shall designate a senior intelligence 
    management official of such element to be responsible for 
    correcting each long-standing, correctable material weakness of 
    such element.
        (2) Head of a covered element of the intelligence community.--
    The head of a covered element of the intelligence community may 
    designate himself or herself as the senior intelligence management 
    official responsible for correcting a long-standing, correctable 
    material weakness under paragraph (1).
        (3) Requirement to update designation.--If the head of a 
    covered element of the intelligence community determines that a 
    senior intelligence management official designated under paragraph 
    (1) is no longer responsible for correcting a long-standing, 
    correctable material weakness, the head of such element shall 
    designate the successor to such official not later than 10 days 
    after the date of such determination.
    (c) Notification.--Not later than 10 days after the date on which 
the head of a covered element of the intelligence community has 
designated a senior intelligence management official pursuant to 
paragraph (1) or (3) of subsection (b), the head of such element shall 
provide written notification of such designation to the Director of 
National Intelligence and to such senior intelligence management 
official.
    (d) Correction of Long-Standing, Material Weakness.--
        (1) Determination of correction of deficiency.--If a long-
    standing, correctable material weakness is corrected, the senior 
    intelligence management official who is responsible for correcting 
    such long-standing, correctable material weakness shall make and 
    issue a determination of the correction.
        (2) Basis for determination.--The determination of the senior 
    intelligence management official under paragraph (1) shall be based 
    on the findings of an independent review.
        (3) Notification and submission of findings.--A senior 
    intelligence management official who makes a determination under 
    paragraph (1) shall--
            (A) notify the head of the appropriate covered element of 
        the intelligence community of such determination at the time 
        the determination is made; and
            (B) ensure that the independent auditor whose findings are 
        the basis of a determination under paragraph (1) submits to the 
        head of the covered element of the intelligence community and 
        the Director of National Intelligence the findings that such 
        determination is based on not later than 5 days after the date 
        on which such determination is made.
    (e) Congressional Oversight.--The head of a covered element of the 
intelligence community shall notify the congressional intelligence 
committees not later than 30 days after the date--
        (1) on which a senior intelligence management official is 
    designated under paragraph (1) or (3) of subsection (b) and 
    notified under subsection (c); or
        (2) of the correction of a long-standing, correctable material 
    weakness, as verified by an independent auditor under subsection 
    (d)(2).
    SEC. 369. INTELLIGENCE COMMUNITY FINANCIAL IMPROVEMENT AND AUDIT 
      READINESS.
    Not later than 180 days after the date of the enactment of this 
Act, the Director of National Intelligence shall--
        (1) conduct a review of the status of the auditability 
    compliance of each element of the intelligence community; and
        (2) develop a plan and schedule to achieve a full, unqualified 
    audit of each element of the intelligence community not later than 
    September 30, 2013.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
      Subtitle A--Office of the Director of National Intelligence

    SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL 
      INTELLIGENCE.
    Subsection (f) of section 102A of the National Security Act of 1947 
(50 U.S.C. 403-1) is amended--
        (1) by redesignating paragraphs (7) and (8) as paragraphs (8) 
    and (9), respectively; and
        (2) by inserting after paragraph (6) the following new 
    paragraph:
    ``(7)(A) The Director of National Intelligence shall, if the 
Director determines it is necessary, or may, if requested by a 
congressional intelligence committee, conduct an accountability review 
of an element of the intelligence community or the personnel of such 
element in relation to a failure or deficiency within the intelligence 
community.
    ``(B) The Director of National Intelligence, in consultation with 
the Attorney General, shall establish guidelines and procedures for 
conducting an accountability review under subparagraph (A).
    ``(C)(i) The Director of National Intelligence shall provide the 
findings of an accountability review conducted under subparagraph (A) 
and the Director's recommendations for corrective or punitive action, 
if any, to the head of the applicable element of the intelligence 
community. Such recommendations may include a recommendation for 
dismissal of personnel.
    ``(ii) If the head of such element does not implement a 
recommendation made by the Director under clause (i), the head of such 
element shall submit to the congressional intelligence committees a 
notice of the determination not to implement the recommendation, 
including the reasons for the determination.
    ``(D) The requirements of this paragraph shall not be construed to 
limit any authority of the Director of National Intelligence under 
subsection (m) or with respect to supervision of the Central 
Intelligence Agency.''.
    SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.
    (a) Authorities for Interagency Funding.--Section 102A(d)(2) of the 
National Security Act of 1947 (50 U.S.C. 403-1(d)(2)) is amended by 
striking ``Program to another such program.'' and inserting ``Program--
        ``(A) to another such program;
        ``(B) to other departments or agencies of the United States 
    Government for the development and fielding of systems of common 
    concern related to the collection, processing, analysis, 
    exploitation, and dissemination of intelligence information; or
        ``(C) to a program funded by appropriations not within the 
    National Intelligence Program to address critical gaps in 
    intelligence information sharing or access capabilities.''.
    (b) Authorities of Heads of Other Departments and Agencies.--
Notwithstanding any other provision of law, the head of any department 
or agency of the United States is authorized to receive and utilize 
funds made available to the department or agency by the Director of 
National Intelligence pursuant to section 102A(d)(2) of the National 
Security Act of 1947 (50 U.S.C. 403-1(d)(2)), as amended by subsection 
(a), and receive and utilize any system referred to in such section 
that is made available to such department or agency.
    SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
      INTELLIGENCE.
    Subsection (e) of section 103 of the National Security Act of 1947 
(50 U.S.C. 403-3) is amended to read as follows:
    ``(e) Location of the Office of the Director of National 
Intelligence.--The headquarters of the Office of the Director of 
National Intelligence may be located in the Washington metropolitan 
region, as that term is defined in section 8301 of title 40, United 
States Code.''.
    SEC. 404. TITLE AND APPOINTMENT OF CHIEF INFORMATION OFFICER OF THE 
      INTELLIGENCE COMMUNITY.
    Section 103G of the National Security Act of 1947 (50 U.S.C. 403-
3g) is amended--
        (1) in subsection (a)--
            (A) by inserting ``of the Intelligence Community'' after 
        ``Chief Information Officer''; and
            (B) by striking ``President,'' and all that follows and 
        inserting ``President.'';
        (2) by striking subsection (b) and redesignating subsections 
    (c) and (d) as subsections (b) and (c), respectively;
        (3) in subsection (b) (as so redesignated), by inserting ``of 
    the Intelligence Community'' after ``Chief Information Officer''; 
    and
        (4) in subsection (c) (as so redesignated), by inserting ``of 
    the Intelligence Community'' before ``may not''.
    SEC. 405. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
    (a) Establishment.--
        (1) In general.--Title I of the National Security Act of 1947 
    (50 U.S.C. 402 et seq.), as amended by section 347 of this Act, is 
    further amended by inserting after section 103G the following new 
    section:


            ``inspector general of the intelligence community

    ``Sec. 103H.  (a) Office of Inspector General of the Intelligence 
Community.--There is within the Office of the Director of National 
Intelligence an Office of the Inspector General of the Intelligence 
Community.
    ``(b) Purpose.--The purpose of the Office of the Inspector General 
of the Intelligence Community is--
        ``(1) to create an objective and effective office, 
    appropriately accountable to Congress, to initiate and conduct 
    independent investigations, inspections, audits, and reviews on 
    programs and activities within the responsibility and authority of 
    the Director of National Intelligence;
        ``(2) to provide leadership and coordination and recommend 
    policies for activities designed--
            ``(A) to promote economy, efficiency, and effectiveness in 
        the administration and implementation of such programs and 
        activities; and
            ``(B) to prevent and detect fraud and abuse in such 
        programs and activities;
        ``(3) to provide a means for keeping the Director of National 
    Intelligence fully and currently informed about--
            ``(A) problems and deficiencies relating to the 
        administration of programs and activities within the 
        responsibility and authority of the Director of National 
        Intelligence; and
            ``(B) the necessity for, and the progress of, corrective 
        actions; and
        ``(4) in the manner prescribed by this section, to ensure that 
    the congressional intelligence committees are kept similarly 
    informed of--
            ``(A) significant problems and deficiencies relating to 
        programs and activities within the responsibility and authority 
        of the Director of National Intelligence; and
            ``(B) the necessity for, and the progress of, corrective 
        actions.
    ``(c) Inspector General of the Intelligence Community.--(1) There 
is an Inspector General of the Intelligence Community, who shall be the 
head of the Office of the Inspector General of the Intelligence 
Community, who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    ``(2) The nomination of an individual for appointment as Inspector 
General shall be made--
        ``(A) without regard to political affiliation;
        ``(B) on the basis of integrity, compliance with security 
    standards of the intelligence community, and prior experience in 
    the field of intelligence or national security; and
        ``(C) on the basis of demonstrated ability in accounting, 
    financial analysis, law, management analysis, public 
    administration, or investigations.
    ``(3) The Inspector General shall report directly to and be under 
the general supervision of the Director of National Intelligence.
    ``(4) The Inspector General may be removed from office only by the 
President. The President shall communicate in writing to the 
congressional intelligence committees the reasons for the removal not 
later than 30 days prior to the effective date of such removal. Nothing 
in this paragraph shall be construed to prohibit a personnel action 
otherwise authorized by law, other than transfer or removal.
    ``(d) Assistant Inspectors General.--Subject to the policies of the 
Director of National Intelligence, the Inspector General of the 
Intelligence Community shall--
        ``(1) appoint an Assistant Inspector General for Audit who 
    shall have the responsibility for supervising the performance of 
    auditing activities relating to programs and activities within the 
    responsibility and authority of the Director;
        ``(2) appoint an Assistant Inspector General for Investigations 
    who shall have the responsibility for supervising the performance 
    of investigative activities relating to such programs and 
    activities; and
        ``(3) appoint other Assistant Inspectors General that, in the 
    judgment of the Inspector General, are necessary to carry out the 
    duties of the Inspector General.
    ``(e) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General of the Intelligence Community--
        ``(1) to provide policy direction for, and to plan, conduct, 
    supervise, and coordinate independently, the investigations, 
    inspections, audits, and reviews relating to programs and 
    activities within the responsibility and authority of the Director 
    of National Intelligence;
        ``(2) to keep the Director of National Intelligence fully and 
    currently informed concerning violations of law and regulations, 
    fraud, and other serious problems, abuses, and deficiencies 
    relating to the programs and activities within the responsibility 
    and authority of the Director, to recommend corrective action 
    concerning such problems, and to report on the progress made in 
    implementing such corrective action;
        ``(3) to take due regard for the protection of intelligence 
    sources and methods in the preparation of all reports issued by the 
    Inspector General, and, to the extent consistent with the purpose 
    and objective of such reports, take such measures as may be 
    appropriate to minimize the disclosure of intelligence sources and 
    methods described in such reports; and
        ``(4) in the execution of the duties and responsibilities under 
    this section, to comply with generally accepted government 
    auditing.
    ``(f) Limitations on Activities.--(1) The Director of National 
Intelligence may prohibit the Inspector General of the Intelligence 
Community from initiating, carrying out, or completing any 
investigation, inspection, audit, or review if the Director determines 
that such prohibition is necessary to protect vital national security 
interests of the United States.
    ``(2) Not later than seven days after the date on which the 
Director exercises the authority under paragraph (1), the Director 
shall submit to the congressional intelligence committees an 
appropriately classified statement of the reasons for the exercise of 
such authority.
    ``(3) The Director shall advise the Inspector General at the time a 
statement under paragraph (2) is submitted, and, to the extent 
consistent with the protection of intelligence sources and methods, 
provide the Inspector General with a copy of such statement.
    ``(4) The Inspector General may submit to the congressional 
intelligence committees any comments on the statement of which the 
Inspector General has notice under paragraph (3) that the Inspector 
General considers appropriate.
    ``(g) Authorities.--(1) The Inspector General of the Intelligence 
Community shall have direct and prompt access to the Director of 
National Intelligence when necessary for any purpose pertaining to the 
performance of the duties of the Inspector General.
    ``(2)(A) The Inspector General shall, subject to the limitations in 
subsection (f), make such investigations and reports relating to the 
administration of the programs and activities within the authorities 
and responsibilities of the Director as are, in the judgment of the 
Inspector General, necessary or desirable.
    ``(B) The Inspector General shall have access to any employee, or 
any employee of a contractor, of any element of the intelligence 
community needed for the performance of the duties of the Inspector 
General.
    ``(C) The Inspector General shall have direct access to all 
records, reports, audits, reviews, documents, papers, recommendations, 
or other materials that relate to the programs and activities with 
respect to which the Inspector General has responsibilities under this 
section.
    ``(D) The level of classification or compartmentation of 
information shall not, in and of itself, provide a sufficient rationale 
for denying the Inspector General access to any materials under 
subparagraph (C).
    ``(E) The Director, or on the recommendation of the Director, 
another appropriate official of the intelligence community, shall take 
appropriate administrative actions against an employee, or an employee 
of a contractor, of an element of the intelligence community that fails 
to cooperate with the Inspector General. Such administrative action may 
include loss of employment or the termination of an existing 
contractual relationship.
    ``(3) The Inspector General is authorized to receive and 
investigate, pursuant to subsection (h), complaints or information from 
any person concerning the existence of an activity within the 
authorities and responsibilities of the Director of National 
Intelligence constituting a violation of laws, rules, or regulations, 
or mismanagement, gross waste of funds, abuse of authority, or a 
substantial and specific danger to the public health and safety. Once 
such complaint or information has been received from an employee of the 
intelligence community--
        ``(A) the Inspector General shall not disclose the identity of 
    the employee without the consent of the employee, unless the 
    Inspector General determines that such disclosure is unavoidable 
    during the course of the investigation or the disclosure is made to 
    an official of the Department of Justice responsible for 
    determining whether a prosecution should be undertaken; and
        ``(B) no action constituting a reprisal, or threat of reprisal, 
    for making such complaint or disclosing such information to the 
    Inspector General may be taken by any employee in a position to 
    take such actions, unless the complaint was made or the information 
    was disclosed with the knowledge that it was false or with willful 
    disregard for its truth or falsity.
    ``(4) The Inspector General shall have the authority to administer 
to or take from any person an oath, affirmation, or affidavit, whenever 
necessary in the performance of the duties of the Inspector General, 
which oath, affirmation, or affidavit when administered or taken by or 
before an employee of the Office of the Inspector General of the 
Intelligence Community designated by the Inspector General shall have 
the same force and effect as if administered or taken by, or before, an 
officer having a seal.
    ``(5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of all 
information, documents, reports, answers, records, accounts, papers, 
and other data in any medium (including electronically stored 
information, as well as any tangible thing) and documentary evidence 
necessary in the performance of the duties and responsibilities of the 
Inspector General.
    ``(B) In the case of departments, agencies, and other elements of 
the United States Government, the Inspector General shall obtain 
information, documents, reports, answers, records, accounts, papers, 
and other data and evidence for the purpose specified in subparagraph 
(A) using procedures other than by subpoenas.
    ``(C) The Inspector General may not issue a subpoena for, or on 
behalf of, any component of the Office of the Director of National 
Intelligence or any element of the intelligence community, including 
the Office of the Director of National Intelligence.
    ``(D) In the case of contumacy or refusal to obey a subpoena issued 
under this paragraph, the subpoena shall be enforceable by order of any 
appropriate district court of the United States.
    ``(6) The Inspector General may obtain services as authorized by 
section 3109 of title 5, United States Code, at rates for individuals 
not to exceed the daily equivalent of the maximum annual rate of basic 
pay payable for grade GS-15 of the General Schedule under section 5332 
of title 5, United States Code.
    ``(7) The Inspector General may, to the extent and in such amounts 
as may be provided in appropriations, enter into contracts and other 
arrangements for audits, studies, analyses, and other services with 
public agencies and with private persons, and to make such payments as 
may be necessary to carry out the provisions of this section.
    ``(h) Coordination Among Inspectors General.--(1)(A) In the event 
of a matter within the jurisdiction of the Inspector General of the 
Intelligence Community that may be subject to an investigation, 
inspection, audit, or review by both the Inspector General of the 
Intelligence Community and an inspector general with oversight 
responsibility for an element of the intelligence community, the 
Inspector General of the Intelligence Community and such other 
inspector general shall expeditiously resolve the question of which 
inspector general shall conduct such investigation, inspection, audit, 
or review to avoid unnecessary duplication of the activities of the 
inspectors general.
    ``(B) In attempting to resolve a question under subparagraph (A), 
the inspectors general concerned may request the assistance of the 
Intelligence Community Inspectors General Forum established under 
paragraph (2). In the event of a dispute between an inspector general 
within a department or agency of the United States Government and the 
Inspector General of the Intelligence Community that has not been 
resolved with the assistance of such Forum, the inspectors general 
shall submit the question to the Director of National Intelligence and 
the head of the affected department or agency for resolution.
    ``(2)(A) There is established the Intelligence Community Inspectors 
General Forum, which shall consist of all statutory or administrative 
inspectors general with oversight responsibility for an element of the 
intelligence community.
    ``(B) The Inspector General of the Intelligence Community shall 
serve as the Chair of the Forum established under subparagraph (A). The 
Forum shall have no administrative authority over any inspector 
general, but shall serve as a mechanism for informing its members of 
the work of individual members of the Forum that may be of common 
interest and discussing questions about jurisdiction or access to 
employees, employees of contract personnel, records, audits, reviews, 
documents, recommendations, or other materials that may involve or be 
of assistance to more than one of its members.
    ``(3) The inspector general conducting an investigation, 
inspection, audit, or review covered by paragraph (1) shall submit the 
results of such investigation, inspection, audit, or review to any 
other inspector general, including the Inspector General of the 
Intelligence Community, with jurisdiction to conduct such 
investigation, inspection, audit, or review who did not conduct such 
investigation, inspection, audit, or review.
    ``(i) Counsel to the Inspector General.--(1) The Inspector General 
of the Intelligence Community shall--
        ``(A) appoint a Counsel to the Inspector General who shall 
    report to the Inspector General; or
        ``(B) obtain the services of a counsel appointed by and 
    directly reporting to another inspector general or the Council of 
    the Inspectors General on Integrity and Efficiency on a 
    reimbursable basis.
    ``(2) The counsel appointed or obtained under paragraph (1) shall 
perform such functions as the Inspector General may prescribe.
    ``(j) Staff and Other Support.--(1) The Director of National 
Intelligence shall provide the Inspector General of the Intelligence 
Community with appropriate and adequate office space at central and 
field office locations, together with such equipment, office supplies, 
maintenance services, and communications facilities and services as may 
be necessary for the operation of such offices.
    ``(2)(A) Subject to applicable law and the policies of the Director 
of National Intelligence, the Inspector General shall select, appoint, 
and employ such officers and employees as may be necessary to carry out 
the functions, powers, and duties of the Inspector General. The 
Inspector General shall ensure that any officer or employee so 
selected, appointed, or employed has security clearances appropriate 
for the assigned duties of such officer or employee.
    ``(B) In making selections under subparagraph (A), the Inspector 
General shall ensure that such officers and employees have the 
requisite training and experience to enable the Inspector General to 
carry out the duties of the Inspector General effectively.
    ``(C) In meeting the requirements of this paragraph, the Inspector 
General shall create within the Office of the Inspector General of the 
Intelligence Community a career cadre of sufficient size to provide 
appropriate continuity and objectivity needed for the effective 
performance of the duties of the Inspector General.
    ``(3) Consistent with budgetary and personnel resources allocated 
by the Director of National Intelligence, the Inspector General has 
final approval of--
        ``(A) the selection of internal and external candidates for 
    employment with the Office of the Inspector General; and
        ``(B) all other personnel decisions concerning personnel 
    permanently assigned to the Office of the Inspector General, 
    including selection and appointment to the Senior Intelligence 
    Service, but excluding all security-based determinations that are 
    not within the authority of a head of a component of the Office of 
    the Director of National Intelligence.
    ``(4)(A) Subject to the concurrence of the Director of National 
Intelligence, the Inspector General may request such information or 
assistance as may be necessary for carrying out the duties and 
responsibilities of the Inspector General from any department, agency, 
or other element of the United States Government.
    ``(B) Upon request of the Inspector General for information or 
assistance under subparagraph (A), the head of the department, agency, 
or element concerned shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or regulation of 
the department, agency, or element, furnish to the Inspector General, 
such information or assistance.
    ``(C) The Inspector General of the Intelligence Community may, upon 
reasonable notice to the head of any element of the intelligence 
community and in coordination with that element's inspector general 
pursuant to subsection (h), conduct, as authorized by this section, an 
investigation, inspection, audit, or review of such element and may 
enter into any place occupied by such element for purposes of the 
performance of the duties of the Inspector General.
    ``(k) Reports.--(1)(A) The Inspector General of the Intelligence 
Community shall, not later than January 31 and July 31 of each year, 
prepare and submit to the Director of National Intelligence a 
classified, and, as appropriate, unclassified semiannual report 
summarizing the activities of the Office of the Inspector General of 
the Intelligence Community during the immediately preceding 6-month 
period ending December 31 (of the preceding year) and June 30, 
respectively. The Inspector General of the Intelligence Community shall 
provide any portion of the report involving a component of a department 
of the United States Government to the head of that department 
simultaneously with submission of the report to the Director of 
National Intelligence.
    ``(B) Each report under this paragraph shall include, at a minimum, 
the following:
        ``(i) A list of the title or subject of each investigation, 
    inspection, audit, or review conducted during the period covered by 
    such report.
        ``(ii) A description of significant problems, abuses, and 
    deficiencies relating to the administration of programs and 
    activities of the intelligence community within the responsibility 
    and authority of the Director of National Intelligence, and in the 
    relationships between elements of the intelligence community, 
    identified by the Inspector General during the period covered by 
    such report.
        ``(iii) A description of the recommendations for corrective 
    action made by the Inspector General during the period covered by 
    such report with respect to significant problems, abuses, or 
    deficiencies identified in clause (ii).
        ``(iv) A statement of whether or not corrective action has been 
    completed on each significant recommendation described in previous 
    semiannual reports, and, in a case where corrective action has been 
    completed, a description of such corrective action.
        ``(v) A certification of whether or not the Inspector General 
    has had full and direct access to all information relevant to the 
    performance of the functions of the Inspector General.
        ``(vi) A description of the exercise of the subpoena authority 
    under subsection (g)(5) by the Inspector General during the period 
    covered by such report.
        ``(vii) Such recommendations as the Inspector General considers 
    appropriate for legislation to promote economy, efficiency, and 
    effectiveness in the administration and implementation of programs 
    and activities within the responsibility and authority of the 
    Director of National Intelligence, and to detect and eliminate 
    fraud and abuse in such programs and activities.
    ``(C) Not later than 30 days after the date of receipt of a report 
under subparagraph (A), the Director shall transmit the report to the 
congressional intelligence committees together with any comments the 
Director considers appropriate. The Director shall transmit to the 
committees of the Senate and of the House of Representatives with 
jurisdiction over a department of the United States Government any 
portion of the report involving a component of such department 
simultaneously with submission of the report to the congressional 
intelligence committees.
    ``(2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of particularly 
serious or flagrant problems, abuses, or deficiencies relating to 
programs and activities within the responsibility and authority of the 
Director of National Intelligence.
    ``(B) The Director shall transmit to the congressional intelligence 
committees each report under subparagraph (A) within 7 calendar days of 
receipt of such report, together with such comments as the Director 
considers appropriate. The Director shall transmit to the committees of 
the Senate and of the House of Representatives with jurisdiction over a 
department of the United States Government any portion of each report 
under subparagraph (A) that involves a problem, abuse, or deficiency 
related to a component of such department simultaneously with 
transmission of the report to the congressional intelligence 
committees.
    ``(3)(A) In the event that--
        ``(i) the Inspector General is unable to resolve any 
    differences with the Director affecting the execution of the duties 
    or responsibilities of the Inspector General;
        ``(ii) an investigation, inspection, audit, or review carried 
    out by the Inspector General focuses on any current or former 
    intelligence community official who--
            ``(I) holds or held a position in an element of the 
        intelligence community that is subject to appointment by the 
        President, whether or not by and with the advice and consent of 
        the Senate, including such a position held on an acting basis;
            ``(II) holds or held a position in an element of the 
        intelligence community, including a position held on an acting 
        basis, that is appointed by the Director of National 
        Intelligence; or
            ``(III) holds or held a position as head of an element of 
        the intelligence community or a position covered by subsection 
        (b) or (c) of section 106;
        ``(iii) a matter requires a report by the Inspector General to 
    the Department of Justice on possible criminal conduct by a current 
    or former official described in clause (ii);
        ``(iv) the Inspector General receives notice from the 
    Department of Justice declining or approving prosecution of 
    possible criminal conduct of any current or former official 
    described in clause (ii); or
        ``(v) the Inspector General, after exhausting all possible 
    alternatives, is unable to obtain significant documentary 
    information in the course of an investigation, inspection, audit, 
    or review,
the Inspector General shall immediately notify, and submit a report to, 
the congressional intelligence committees on such matter.
    ``(B) The Inspector General shall submit to the committees of the 
Senate and of the House of Representatives with jurisdiction over a 
department of the United States Government any portion of each report 
under subparagraph (A) that involves an investigation, inspection, 
audit, or review carried out by the Inspector General focused on any 
current or former official of a component of such department 
simultaneously with submission of the report to the congressional 
intelligence committees.
    ``(4) The Director shall submit to the congressional intelligence 
committees any report or findings and recommendations of an 
investigation, inspection, audit, or review conducted by the office 
which has been requested by the Chairman or Vice Chairman or ranking 
minority member of either committee.
    ``(5)(A) An employee of an element of the intelligence community, 
an employee assigned or detailed to an element of the intelligence 
community, or an employee of a contractor to the intelligence community 
who intends to report to Congress a complaint or information with 
respect to an urgent concern may report such complaint or information 
to the Inspector General.
    ``(B) Not later than the end of the 14-calendar-day period 
beginning on the date of receipt from an employee of a complaint or 
information under subparagraph (A), the Inspector General shall 
determine whether the complaint or information appears credible. Upon 
making such a determination, the Inspector General shall transmit to 
the Director a notice of that determination, together with the 
complaint or information.
    ``(C) Upon receipt of a transmittal from the Inspector General 
under subparagraph (B), the Director shall, within 7 calendar days of 
such receipt, forward such transmittal to the congressional 
intelligence committees, together with any comments the Director 
considers appropriate.
    ``(D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or information to 
the Director in accurate form under subparagraph (B), the employee 
(subject to clause (ii)) may submit the complaint or information to 
Congress by contacting either or both of the congressional intelligence 
committees directly.
    ``(ii) An employee may contact the congressional intelligence 
committees directly as described in clause (i) only if the employee--
        ``(I) before making such a contact, furnishes to the Director, 
    through the Inspector General, a statement of the employee's 
    complaint or information and notice of the employee's intent to 
    contact the congressional intelligence committees directly; and
        ``(II) obtains and follows from the Director, through the 
    Inspector General, direction on how to contact the congressional 
    intelligence committees in accordance with appropriate security 
    practices.
    ``(iii) A member or employee of one of the congressional 
intelligence committees who receives a complaint or information under 
this subparagraph does so in that member or employee's official 
capacity as a member or employee of such committee.
    ``(E) The Inspector General shall notify an employee who reports a 
complaint or information to the Inspector General under this paragraph 
of each action taken under this paragraph with respect to the complaint 
or information. Such notice shall be provided not later than 3 days 
after any such action is taken.
    ``(F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
    ``(G) In this paragraph, the term `urgent concern' means any of the 
following:
        ``(i) A serious or flagrant problem, abuse, violation of law or 
    Executive order, or deficiency relating to the funding, 
    administration, or operation of an intelligence activity within the 
    responsibility and authority of the Director of National 
    Intelligence involving classified information, but does not include 
    differences of opinions concerning public policy matters.
        ``(ii) A false statement to Congress, or a willful withholding 
    from Congress, on an issue of material fact relating to the 
    funding, administration, or operation of an intelligence activity.
        ``(iii) An action, including a personnel action described in 
    section 2302(a)(2)(A) of title 5, United States Code, constituting 
    reprisal or threat of reprisal prohibited under subsection 
    (g)(3)(B) of this section in response to an employee's reporting an 
    urgent concern in accordance with this paragraph.
    ``(H) Nothing in this section shall be construed to limit the 
protections afforded to an employee under section 17(d) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) or section 8H of 
the Inspector General Act of 1978 (5 U.S.C. App.).
    ``(6) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall expeditiously report to the Attorney 
General any information, allegation, or complaint received by the 
Inspector General relating to violations of Federal criminal law that 
involves a program or operation of an element of the intelligence 
community, or in the relationships between the elements of the 
intelligence community, consistent with such guidelines as may be 
issued by the Attorney General pursuant to subsection (b)(2) of such 
section. A copy of each such report shall be furnished to the Director.
    ``(l) Construction of Duties Regarding Elements of Intelligence 
Community.--Except as resolved pursuant to subsection (h), the 
performance by the Inspector General of the Intelligence Community of 
any duty, responsibility, or function regarding an element of the 
intelligence community shall not be construed to modify or affect the 
duties and responsibilities of any other inspector general having 
duties and responsibilities relating to such element.
    ``(m) Separate Budget Account.--The Director of National 
Intelligence shall, in accordance with procedures issued by the 
Director in consultation with the congressional intelligence 
committees, include in the National Intelligence Program budget a 
separate account for the Office of the Inspector General of the 
Intelligence Community.
    ``(n) Budget.--(1) For each fiscal year, the Inspector General of 
the Intelligence Community shall transmit a budget estimate and request 
to the Director of National Intelligence that specifies for such fiscal 
year--
        ``(A) the aggregate amount requested for the operations of the 
    Inspector General;
        ``(B) the amount requested for all training requirements of the 
    Inspector General, including a certification from the Inspector 
    General that the amount requested is sufficient to fund all 
    training requirements for the Office of the Inspector General; and
        ``(C) the amount requested to support the Council of the 
    Inspectors General on Integrity and Efficiency, including a 
    justification for such amount.
    ``(2) In transmitting a proposed budget to the President for a 
fiscal year, the Director of National Intelligence shall include for 
such fiscal year--
        ``(A) the aggregate amount requested for the Inspector General 
    of the Intelligence Community;
        ``(B) the amount requested for Inspector General training;
        ``(C) the amount requested to support the Council of the 
    Inspectors General on Integrity and Efficiency; and
        ``(D) the comments of the Inspector General, if any, with 
    respect to such proposed budget.
    ``(3) The Director of National Intelligence shall submit to the 
congressional intelligence committees, the Committee on Appropriations 
of the Senate, and the Committee on Appropriations of the House of 
Representatives for each fiscal year--
        ``(A) a separate statement of the budget estimate transmitted 
    pursuant to paragraph (1);
        ``(B) the amount requested by the Director for the Inspector 
    General pursuant to paragraph (2)(A);
        ``(C) the amount requested by the Director for the training of 
    personnel of the Office of the Inspector General pursuant to 
    paragraph (2)(B);
        ``(D) the amount requested by the Director for support for the 
    Council of the Inspectors General on Integrity and Efficiency 
    pursuant to paragraph (2)(C); and
        ``(E) the comments of the Inspector General under paragraph 
    (2)(D), if any, on the amounts requested pursuant to paragraph (2), 
    including whether such amounts would substantially inhibit the 
    Inspector General from performing the duties of the Office of the 
    Inspector General.''.
        (2) Table of contents amendment.--The table of contents in the 
    first section of the National Security Act of 1947, as amended by 
    section 347 of this Act, is further amended by inserting after the 
    item relating to section 103G the following new item:

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

    (b) Pay of Inspector General.--Subparagraph (A) of section 4(a)(3) 
of the Inspector General Reform Act of 2008 (Public Law 110-409; 5 
U.S.C. App. note) is amended by inserting ``the Inspector General of 
the Intelligence Community,'' after ``basic pay of''.
    (c) Construction.--Nothing in the amendment made by subsection 
(a)(1) shall be construed to alter the duties and responsibilities of 
the General Counsel of the Office of the Director of National 
Intelligence.
    (d) Repeal of Superseded Authority To Establish Position.--Section 
8K of the Inspector General Act of 1978 (5 U.S.C. App.) shall be 
repealed on the date that the President appoints, with the advice and 
consent of the Senate, the first individual to serve as Inspector 
General for the Intelligence Community pursuant to section 103H of the 
National Security Act of 1947, as added by subsection (a), and such 
individual assumes the duties of the Inspector General.
    SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
    (a) Establishment.--Title I of the National Security Act of 1947 
(50 U.S.C. 402 et seq.), as amended by section 405 of this Act, is 
further amended by inserting after section 103H, as added by section 
405(a)(1), the following new section:


         ``chief financial officer of the intelligence community

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

``Sec. 103I. Chief Financial Officer of the Intelligence Community.''.
    SEC. 407. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
    (a) National Counter Proliferation Center.--Section 119A(a) of the 
National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
        (1) by striking ``Not later than 18 months after the date of 
    the enactment of the National Security Intelligence Reform Act of 
    2004, the'' and inserting ``(1) The''; and
        (2) by adding at the end the following new paragraphs:
    ``(2) The head of the National Counter Proliferation Center shall 
be the Director of the National Counter Proliferation Center, who shall 
be appointed by the Director of National Intelligence.
    ``(3) The National Counter Proliferation Center shall be located 
within the Office of the Director of National Intelligence.''.
    (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is 
amended--
        (1) by redesignating paragraph (9) as paragraph (14); and
        (2) by inserting after paragraph (8) the following new 
    paragraphs:
        ``(9) The Chief Information Officer of the Intelligence 
    Community.
        ``(10) The Inspector General of the Intelligence Community.
        ``(11) The Director of the National Counterterrorism Center.
        ``(12) The Director of the National Counter Proliferation 
    Center.
        ``(13) The Chief Financial Officer of the Intelligence 
    Community.''.
    SEC. 408. PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE DIRECTOR 
      OF NATIONAL INTELLIGENCE.
    (a) In General.--Title VII of the National Security Act of 1947 (50 
U.S.C. 431 et seq.) is amended by adding at the end the following new 
section:


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

    ``Sec. 706.  (a) Inapplicability of FOIA to Exempted Operational 
Files Provided to ODNI.--(1) Subject to paragraph (2), the provisions 
of section 552 of title 5, United States Code, that require search, 
review, publication, or disclosure of a record shall not apply to a 
record provided to the Office of the Director of National Intelligence 
by an element of the intelligence community from the exempted 
operational files of such element.
    ``(2) Paragraph (1) shall not apply with respect to a record of the 
Office that--
        ``(A) contains information derived or disseminated from an 
    exempted operational file, unless such record is created by the 
    Office for the sole purpose of organizing such exempted operational 
    file for use by the Office;
        ``(B) is disseminated by the Office to a person other than an 
    officer, employee, or contractor of the Office; or
        ``(C) is no longer designated as an exempted operational file 
    in accordance with this title.
    ``(b) Effect of Providing Files to ODNI.--Notwithstanding any other 
provision of this title, an exempted operational file that is provided 
to the Office by an element of the intelligence community shall not be 
subject to the provisions of section 552 of title 5, United States 
Code, that require search, review, publication, or disclosure of a 
record solely because such element provides such exempted operational 
file to the Office.
    ``(c) Search and Review for Certain Purposes.--Notwithstanding 
subsection (a) or (b), an exempted operational file shall continue to 
be subject to search and review for information concerning any of the 
following:
        ``(1) United States citizens or aliens lawfully admitted for 
    permanent residence who have requested information on themselves 
    pursuant to the provisions of section 552 or 552a of title 5, 
    United States Code.
        ``(2) Any special activity the existence of which is not exempt 
    from disclosure under the provisions of section 552 of title 5, 
    United States Code.
        ``(3) The specific subject matter of an investigation for any 
    impropriety or violation of law, Executive order, or Presidential 
    directive, in the conduct of an intelligence activity by any of the 
    following:
            ``(A) The Select Committee on Intelligence of the Senate.
            ``(B) The Permanent Select Committee on Intelligence of the 
        House of Representatives.
            ``(C) The Intelligence Oversight Board.
            ``(D) The Department of Justice.
            ``(E) The Office of the Director of National Intelligence.
            ``(F) The Office of the Inspector General of the 
        Intelligence Community.
    ``(d) Decennial Review of Exempted Operational Files.--(1) Not less 
than once every 10 years, the Director of National Intelligence shall 
review the exemptions in force under subsection (a) to determine 
whether such exemptions may be removed from any category of exempted 
files or any portion thereof.
    ``(2) The review required by paragraph (1) shall include 
consideration of the historical value or other public interest in the 
subject matter of the particular category of files or portions thereof 
and the potential for declassifying a significant part of the 
information contained therein.
    ``(3) A complainant that alleges that the Director of National 
Intelligence has improperly withheld records because of failure to 
comply with this subsection may seek judicial review in the district 
court of the United States of the district in which any of the parties 
reside, or in the District of Columbia. In such a proceeding, the 
court's review shall be limited to determining the following:
        ``(A) Whether the Director has conducted the review required by 
    paragraph (1) before the expiration of the 10-year period beginning 
    on the date of the enactment of the Intelligence Authorization Act 
    for Fiscal Year 2010 or before the expiration of the 10-year period 
    beginning on the date of the most recent review.
        ``(B) Whether the Director of National Intelligence, in fact, 
    considered the criteria set forth in paragraph (2) in conducting 
    the required review.
    ``(e) Supersedure of Other Laws.--The provisions of this section 
may not be superseded except by a provision of law that is enacted 
after the date of the enactment of this section and that specifically 
cites and repeals or modifies such provisions.
    ``(f) Allegation; Improper Withholding of Records; Judicial 
Review.--(1) Except as provided in paragraph (2), whenever any person 
who has requested agency records under section 552 of title 5, United 
States Code, alleges that the Office has withheld records improperly 
because of failure to comply with any provision of this section, 
judicial review shall be available under the terms set forth in section 
552(a)(4)(B) of title 5, United States Code.
    ``(2) Judicial review shall not be available in the manner provided 
for under paragraph (1) as follows:
        ``(A) In any case in which information specifically authorized 
    under criteria established by an Executive order to be kept secret 
    in the interests of national defense or foreign relations is filed 
    with, or produced for, the court by the Office, such information 
    shall be examined ex parte, in camera by the court.
        ``(B) The court shall determine, to the fullest extent 
    practicable, the issues of fact based on sworn written submissions 
    of the parties.
        ``(C)(i) When a complainant alleges that requested records were 
    improperly withheld because of improper exemption of operational 
    files, the Office may meet the burden of the Office under section 
    552(a)(4)(B) of title 5, United States Code, by demonstrating to 
    the court by sworn written submission that exempted files likely to 
    contain responsive records are records provided to the Office by an 
    element of the intelligence community from the exempted operational 
    files of such element.
        ``(ii) The court may not order the Office to review the content 
    of any exempted file in order to make the demonstration required 
    under clause (i), unless the complainant disputes the Office's 
    showing with a sworn written submission based on personal knowledge 
    or otherwise admissible evidence.
        ``(D) In proceedings under subparagraph (C), a party may not 
    obtain discovery pursuant to rules 26 through 36 of the Federal 
    Rules of Civil Procedure, except that requests for admissions may 
    be made pursuant to rules 26 and 36 of the Federal Rules of Civil 
    Procedure.
        ``(E) If the court finds under this subsection that the Office 
    has improperly withheld requested records because of failure to 
    comply with any provision of this section, the court shall order 
    the Office to search and review each appropriate exempted file for 
    the requested records and make such records, or portions thereof, 
    available in accordance with the provisions of section 552 of title 
    5, United States Code (commonly referred to as the Freedom of 
    Information Act), and such order shall be the exclusive remedy for 
    failure to comply with this section.
        ``(F) If at any time following the filing of a complaint 
    pursuant to this paragraph the Office agrees to search each 
    appropriate exempted file for the requested records, the court 
    shall dismiss the claim based upon such complaint.
    ``(g) Definitions.--In this section:
        ``(1) The term `exempted operational file' means a file of an 
    element of the intelligence community that, in accordance with this 
    title, is exempted from the provisions of section 552 of title 5, 
    United States Code, that require search, review, publication, or 
    disclosure of such file.
        ``(2) Except as otherwise specifically provided, the term 
    `Office' means the Office of the Director of National 
    Intelligence.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947, as amended by 
section 406(b) of this Act, is further amended by inserting after the 
item relating to section 705 the following new item:

``Sec. 706. Protection of certain files of the Office of the Director of 
          National Intelligence.''.
    SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE INTELLIGENCE 
      COMMUNITY.
    Section 1102 of the National Security Act of 1947 (50 U.S.C. 442a) 
is amended--
        (1) in subsection (a)--
            (A) by striking paragraph (2); and
            (B) by striking ``(1) In'' and inserting ``In''; and
        (2) in subsection (c)--
            (A) by striking paragraph (2); and
            (B) by striking ``(1) The'' and inserting ``The''.
    SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO 
      ADVISORY COMMITTEES OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
      INTELLIGENCE.
    (a) In General.--Section 4(b) of the Federal Advisory Committee Act 
(5 U.S.C. App.) is amended--
        (1) in paragraph (1), by striking ``or'';
        (2) in paragraph (2), by striking the period and inserting ``; 
    or''; and
        (3) by adding at the end the following new paragraph:
        ``(3) the Office of the Director of National Intelligence, if 
    the Director of National Intelligence determines that for reasons 
    of national security such advisory committee cannot comply with the 
    requirements of this Act.''.
    (b) Annual Report.--
        (1) In general.--The Director of National Intelligence and the 
    Director of the Central Intelligence Agency shall each submit to 
    the congressional intelligence committees an annual report on 
    advisory committees created by each such Director. Each report 
    shall include--
            (A) a description of each such advisory committee, 
        including the subject matter of the committee; and
            (B) a list of members of each such advisory committee.
        (2) Report on reasons for odni exclusion of advisory committee 
    from faca.--Each report submitted by the Director of National 
    Intelligence in accordance with paragraph (1) shall include the 
    reasons for a determination by the Director under section 4(b)(3) 
    of the Federal Advisory Committee Act (5 U.S.C. App.), as added by 
    subsection (a) of this section, that an advisory committee cannot 
    comply with the requirements of such Act.
    SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON 
      THE TRANSPORTATION SECURITY OVERSIGHT BOARD.
    Subparagraph (F) of section 115(b)(1) of title 49, United States 
Code, is amended to read as follows:
            ``(F) The Director of National Intelligence, or the 
        Director's designee.''.
    SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF 
      THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
    (a) Repeal of Certain Authorities.--Section 904 of the 
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c) is 
amended--
        (1) by striking subsections (d), (h), (i), and (j);
        (2) by redesignating subsections (e), (f), (g), (k), (l), and 
    (m) as subsections (d), (e), (f), (g), (h), and (i), respectively; 
    and
        (3) in subsection (f), as redesignated by paragraph (2), by 
    striking paragraphs (3) and (4).
    (b) Conforming Amendments.--Such section 904 is further amended--
        (1) in subsection (d), as redesignated by subsection (a)(2) of 
    this section, by striking ``subsection (f)'' each place it appears 
    in paragraphs (1) and (2) and inserting ``subsection (e)''; and
        (2) in subsection (e), as so redesignated--
            (A) in paragraph (1), by striking ``subsection (e)(1)'' and 
        inserting ``subsection (d)(1)''; and
            (B) in paragraph (2), by striking ``subsection (e)(2)'' and 
        inserting ``subsection (d)(2)''.
    SEC. 413. MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
      INTELLIGENCE NAME, INITIALS, OR SEAL.
    (a) Prohibition.--Title XI of the National Security Act of 1947 (50 
U.S.C. 442 et seq.) is amended by adding at the end the following new 
section:


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

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

``Sec. 1103. Misuse of the Office of the Director of National 
          Intelligence name, initials, or seal.''.
    SEC. 414. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA CENTER 
      ENERGY EFFICIENCY REPORTS.
    (a) Plan.--The Director of National Intelligence shall develop a 
plan to implement the recommendations of the report submitted to 
Congress under section 1 of the Act entitled ``An Act to study and 
promote the use of energy efficient computer servers in the United 
States'' (Public Law 109-431; 120 Stat. 2920) across the intelligence 
community.
    (b) Report.--
        (1) In general.--Not later than 180 days after the date of the 
    enactment of this Act, the Director of National Intelligence shall 
    submit to the congressional intelligence committees a report 
    containing the plan developed under subsection (a).
        (2) Form.--The report required under paragraph (1) shall be 
    submitted in unclassified form, but may include a classified annex.
    SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR REVIEWS OF 
      INTERNATIONAL TRAFFIC IN ARMS REGULATIONS AND EXPORT 
      ADMINISTRATION REGULATIONS.
    The Director of National Intelligence may provide support for any 
review conducted by a department or agency of the United States 
Government of the International Traffic in Arms Regulations or Export 
Administration Regulations, including a review of technologies and 
goods on the United States Munitions List and Commerce Control List 
that may warrant controls that are different or additional to the 
controls such technologies and goods are subject to at the time of such 
review.

                Subtitle B--Central Intelligence Agency

    SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE 
      PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.
    Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f(a)(4)) is amended--
        (1) by striking ``and the protection'' and inserting ``the 
    protection''; and
        (2) by inserting before the semicolon the following: ``, and 
    the protection of the Director of National Intelligence and such 
    personnel of the Office of the Director of National Intelligence as 
    the Director of National Intelligence may designate''.
    SEC. 422. APPEALS FROM DECISIONS INVOLVING CONTRACTS OF THE CENTRAL 
      INTELLIGENCE AGENCY.
    Section 8(d) of the Contract Disputes Act of 1978 (41 U.S.C. 
607(d)) is amended by adding at the end ``Notwithstanding any other 
provision of this section and any other provision of law, an appeal 
from a decision of a contracting officer of the Central Intelligence 
Agency relative to a contract made by that Agency may be filed with 
whichever of the Armed Services Board of Contract Appeals or the 
Civilian Board of Contract Appeals is specified by such contracting 
officer as the Board to which such an appeal may be made and such Board 
shall have jurisdiction to decide that appeal.''.
    SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
    (a) Establishment and Duties of Deputy Director of the CIA.--Title 
I of the National Security Act of 1947 (50 U.S.C. 402 et seq.), as 
amended by section 406 of this Act, is further amended by inserting 
after section 104A the following new section:


           ``deputy director of the central intelligence agency

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

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

    (c) Applicability.--The amendments made by this section shall apply 
on the earlier of--
        (1) the date of the appointment by the President of an 
    individual to serve as Deputy Director of the Central Intelligence 
    Agency pursuant to section 104B of the National Security Act of 
    1947, as added by subsection (a), except that the individual 
    administratively performing the duties of the Deputy Director of 
    the Central Intelligence Agency as of the date of the enactment of 
    this Act may continue to perform such duties until the individual 
    appointed to the position of Deputy Director of the Central 
    Intelligence Agency assumes the duties of such position; or
        (2) the date of the cessation of the performance of the duties 
    of the Deputy Director of the Central Intelligence Agency by the 
    individual administratively performing such duties as of the date 
    of the enactment of this Act.
    SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COMMON CARRIER.
    Subsection (b) of section 116 of the National Security Act of 1947 
(50 U.S.C. 404k) is amended by striking the period at the end and 
inserting ``, who may delegate such authority to other appropriate 
officials of the Central Intelligence Agency.''.
    SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE AGENCY.
    (a) Appointment and Qualifications of the Inspector General.--
Paragraph (1) of section 17(b) of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403q(b)) is amended by striking the second and third 
sentences and inserting ``This appointment shall be made without regard 
to political affiliation and shall be on the basis of integrity and 
demonstrated ability in accounting, auditing, financial analysis, law, 
management analysis, public administration, or investigation. Such 
appointment shall also be made on the basis of compliance with the 
security standards of the Agency and prior experience in the field of 
foreign intelligence.''.
    (b) Removal of the Inspector General.--Paragraph (6) of section 
17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403q(b)) is amended--
        (1) by striking ``immediately''; and
        (2) by striking the period at the end and inserting ``not later 
    than 30 days prior to the effective date of such removal. Nothing 
    in this paragraph shall be construed to prohibit a personnel action 
    otherwise authorized by law, other than transfer or removal.''.
    (c) Application of Semiannual Reporting Requirements With Respect 
To Review Reports.--Paragraph (1) of section 17(d) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) is amended in the 
matter preceding subparagraph (A) by inserting ``review,'' after 
``investigation,''.
    (d) Protection Against Reprisals.--Subparagraph (B) of section 
17(e)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403q(e)(3)) is amended by inserting ``or providing such information'' 
after ``making such complaint''.
    (e) Inspector General Subpoena Power.--Subparagraph (A) of section 
17(e)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403q(e)(5)) is amended by inserting ``in any medium (including 
electronically stored information or any tangible thing)'' after 
``other data''.
    (f) Other Administrative Authorities.--
        (1) In general.--Subsection (e) of section 17 of the Central 
    Intelligence Agency Act of 1949 (50 U.S.C. 403q), as amended by 
    subsections (d) and (e) of this section, is further amended--
            (A) by redesignating paragraph (8) as subparagraph (9);
            (B) in paragraph (9), as so redesignated--
                (i) by striking ``Subject to the concurrence of the 
            Director, the'' and inserting ``The''; and
                (ii) by adding at the end the following: ``Consistent 
            with budgetary and personnel resources allocated by the 
            Director, the Inspector General has final approval of--
            ``(A) the selection of internal and external candidates for 
        employment with the Office of Inspector General; and
            ``(B) all other personnel decisions concerning personnel 
        permanently assigned to the Office of Inspector General, 
        including selection and appointment to the Senior Intelligence 
        Service, but excluding all security-based determinations that 
        are not within the authority of a head of other Central 
        Intelligence Agency offices.''; and
            (C) by inserting after paragraph (7) the following new 
        paragraph:
    ``(8)(A) The Inspector General shall--
        ``(i) appoint a Counsel to the Inspector General who shall 
    report to the Inspector General; or
        ``(ii) obtain the services of a counsel appointed by and 
    directly reporting to another Inspector General or the Council of 
    the Inspectors General on Integrity and Efficiency on a 
    reimbursable basis.
    ``(B) The counsel appointed or obtained under subparagraph (A) 
shall perform such functions as the Inspector General may prescribe.''.
        (2) Construction.--Nothing in the amendment made by paragraph 
    (1)(C) shall be construed to alter the duties and responsibilities 
    of the General Counsel of the Central Intelligence Agency.
    SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE CENTRAL 
      INTELLIGENCE AGENCY.
    Subsection (f) of section 17 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403q) is amended--
        (1) by inserting ``(1)'' before ``Beginning''; and
        (2) by adding at the end the following new paragraph:
    ``(2) For each fiscal year, the Inspector General shall transmit a 
budget estimate and request through the Director to the Director of 
National Intelligence that specifies for such fiscal year--
        ``(A) the aggregate amount requested for the operations of the 
    Inspector General;
        ``(B) the amount requested for all training requirements of the 
    Inspector General, including a certification from the Inspector 
    General that the amount requested is sufficient to fund all 
    training requirements for the Office; and
        ``(C) the amount requested to support the Council of the 
    Inspectors General on Integrity and Efficiency, including a 
    justification for such amount.
    ``(3) In transmitting a proposed budget to the President for a 
fiscal year, the Director of National Intelligence shall include for 
such fiscal year--
        ``(A) the aggregate amount requested for the Inspector General 
    of the Central Intelligence Agency;
        ``(B) the amount requested for Inspector General training;
        ``(C) the amount requested to support the Council of the 
    Inspectors General on Integrity and Efficiency; and
        ``(D) the comments of the Inspector General, if any, with 
    respect to such proposed budget.
    ``(4) The Director of National Intelligence shall submit to the 
Committee on Appropriations and the Select Committee on Intelligence of 
the Senate and the Committee on Appropriations and the Permanent Select 
Committee on Intelligence of the House of Representatives for each 
fiscal year--
        ``(A) a separate statement of the budget estimate transmitted 
    pursuant to paragraph (2);
        ``(B) the amount requested by the Director of National 
    Intelligence for the Inspector General pursuant to paragraph 
    (3)(A);
        ``(C) the amount requested by the Director of National 
    Intelligence for training of personnel of the Office of the 
    Inspector General pursuant to paragraph (3)(B);
        ``(D) the amount requested by the Director of National 
    Intelligence for support for the Council of the Inspectors General 
    on Integrity and Efficiency pursuant to paragraph (3)(C); and
        ``(E) the comments of the Inspector General under paragraph 
    (3)(D), if any, on the amounts requested pursuant to paragraph (3), 
    including whether such amounts would substantially inhibit the 
    Inspector General from performing the duties of the Office.''.
    SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED VERSIONS OF CERTAIN 
      INTELLIGENCE PRODUCTS.
    The Director of the Central Intelligence Agency shall make publicly 
available an unclassified version of any memoranda or finished 
intelligence products assessing the--
        (1) information gained from high-value detainee reporting; and
        (2) dated April 3, 2003, July 15, 2004, March 2, 2005, and June 
    1, 2005.

              Subtitle C--Defense Intelligence Components

    SEC. 431. INSPECTOR GENERAL MATTERS.
    (a) Coverage Under Inspector General Act of 1978.--Subsection 
(a)(2) of section 8G of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
        (1) by inserting ``the Defense Intelligence Agency,'' after 
    ``the Corporation for Public Broadcasting,'';
        (2) by inserting ``the National Geospatial-Intelligence 
    Agency,'' after ``the National Endowment for the Humanities,''; and
        (3) by inserting ``the National Reconnaissance Office, the 
    National Security Agency,'' after ``the National Labor Relations 
    Board,''.
    (b) Certain Designations Under Inspector General Act of 1978.--
Subsection (a) of section 8H of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by adding at the end the following new 
paragraph:
    ``(3) The Inspectors General of the Defense Intelligence Agency, 
the National Geospatial-Intelligence Agency, the National 
Reconnaissance Office, and the National Security Agency shall be 
designees of the Inspector General of the Department of Defense for 
purposes of this section.''.
    (c) Power of Heads of Elements Over Investigations.--Subsection (d) 
of section 8G of such Act (5 U.S.C. App.) is amended--
        (1) by inserting ``(1)'' after ``(d)'';
        (2) in the second sentence of paragraph (1), as designated by 
    paragraph (1) of this subsection, by striking ``The head'' and 
    inserting ``Except as provided in paragraph (2), the head''; and
        (3) by adding at the end the following new paragraph:
    ``(2)(A) The Secretary of Defense, in consultation with the 
Director of National Intelligence, may prohibit the inspector general 
of an element of the intelligence community specified in subparagraph 
(D) from initiating, carrying out, or completing any audit or 
investigation if the Secretary determines that the prohibition is 
necessary to protect vital national security interests of the United 
States.
    ``(B) If the Secretary exercises the authority under subparagraph 
(A), the Secretary shall submit to the committees of Congress specified 
in subparagraph (E) an appropriately classified statement of the 
reasons for the exercise of such authority not later than 7 days after 
the exercise of such authority.
    ``(C) At the same time the Secretary submits under subparagraph (B) 
a statement on the exercise of the authority in subparagraph (A) to the 
committees of Congress specified in subparagraph (E), the Secretary 
shall notify the inspector general of such element of the submittal of 
such statement and, to the extent consistent with the protection of 
intelligence sources and methods, provide such inspector general with a 
copy of such statement. Such inspector general may submit to such 
committees of Congress any comments on a notice or statement received 
by the inspector general under this subparagraph that the inspector 
general considers appropriate.
    ``(D) The elements of the intelligence community specified in this 
subparagraph are as follows:
        ``(i) The Defense Intelligence Agency.
        ``(ii) The National Geospatial-Intelligence Agency.
        ``(iii) The National Reconnaissance Office.
        ``(iv) The National Security Agency.
    ``(E) The committees of Congress specified in this subparagraph 
are--
        ``(i) the Committee on Armed Services and the Select Committee 
    on Intelligence of the Senate; and
        ``(ii) the Committee on Armed Services and the Permanent Select 
    Committee on Intelligence of the House of Representatives.''.
    SEC. 432. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF NATIONAL 
      GEOSPATIAL-INTELLIGENCE AGENCY FOR ANALYSIS AND DISSEMINATION OF 
      CERTAIN INTELLIGENCE INFORMATION.
    Section 442(a) of title 10, United States Code, is amended--
        (1) by redesignating paragraph (2) as paragraph (3);
        (2) by inserting after paragraph (1) the following new 
    paragraph (2):
    ``(2)(A) As directed by the Director of National Intelligence, the 
National Geospatial-Intelligence Agency shall develop a system to 
facilitate the analysis, dissemination, and incorporation of 
likenesses, videos, and presentations produced by ground-based 
platforms, including handheld or clandestine photography taken by or on 
behalf of human intelligence collection organizations or available as 
open-source information, into the National System for Geospatial 
Intelligence.
    ``(B) The authority provided by this paragraph does not include 
authority for the National Geospatial-Intelligence Agency to manage 
tasking of handheld or clandestine photography taken by or on behalf of 
human intelligence collection organizations.''; and
        (3) in paragraph (3), as so redesignated, by striking 
    ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
    SEC. 433. DIRECTOR OF COMPLIANCE OF THE NATIONAL SECURITY AGENCY.
    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by inserting after the first section the following new section:
    ``Sec. 2.  There is a Director of Compliance of the National 
Security Agency, who shall be appointed by the Director of the National 
Security Agency and who shall be responsible for the programs of 
compliance over mission activities of the National Security Agency.''.

                       Subtitle D--Other Elements

    SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF THE INTELLIGENCE 
      COMMUNITY.
    Section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)) is amended--
        (1) in subparagraph (H)--
            (A) by inserting ``the Coast Guard,'' after ``the Marine 
        Corps,''; and
            (B) by inserting ``the Drug Enforcement Administration,'' 
        after ``the Federal Bureau of Investigation,''; and
        (2) in subparagraph (K), by striking ``, including the Office 
    of Intelligence of the Coast Guard''.
    SEC. 442. AUTHORIZATION OF APPROPRIATIONS FOR COAST GUARD NATIONAL 
      TACTICAL INTEGRATION OFFICE.
    Title 14, United States Code, is amended--
        (1) in paragraph (4) of section 93(a), by striking ``function'' 
    and inserting ``function, including research, development, test, or 
    evaluation related to intelligence systems and capabilities,''; and
        (2) in paragraph (4) of section 662, by inserting 
    ``intelligence systems and capabilities or'' after ``related to''.
    SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE FEDERAL BUREAU 
      OF INVESTIGATION.
    Section 5759 of title 5, United States Code, is amended--
        (1) in subsection (a)(2), by striking ``is transferred to a 
    different geographic area with a higher cost of living'' and 
    inserting ``is subject to a mobility agreement and is transferred 
    to a position in a different geographical area in which there is a 
    shortage of critical skills'';
        (2) in subsection (b)(2), by striking the period at the end and 
    inserting ``, including requirements for a bonus recipient's 
    repayment of a bonus in circumstances determined by the Director of 
    the Federal Bureau of Investigation.'';
        (3) in subsection (c), by striking ``basic pay.'' and inserting 
    ``annual rate of basic pay. The bonus may be paid in a lump sum or 
    installments linked to completion of periods of service.''; and
        (4) in subsection (d), by striking ``retention bonus'' and 
    inserting ``bonus paid under this section''.
    SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL BUREAU OF 
      INVESTIGATION TO WAIVE MANDATORY RETIREMENT PROVISIONS.
    (a) Civil Service Retirement System.--Subsection (b) of section 
8335 of title 5, United States Code, is amended--
        (1) in the paragraph (2) enacted by section 112(a)(2) of the 
    Department of Justice Appropriations Act, 2005 (title I of division 
    B of Public Law 108-447; 118 Stat. 2868), by striking ``2009'' and 
    inserting ``2011''; and
        (2) by striking the paragraph (2) enacted by section 2005(a)(2) 
    of the Intelligence Reform and Terrorism Prevention Act of 2004 
    (Public Law 108-458; 118 Stat. 3704).
    (b) Federal Employees' Retirement System.--Subsection (b) of 
section 8425 of title 5, United States Code, is amended--
        (1) in the paragraph (2) enacted by section 112(b)(2) of the 
    Department of Justice Appropriations Act, 2005 (title I of division 
    B of Public Law 108-447; 118 Stat. 2868), by striking ``2009'' and 
    inserting ``2011''; and
        (2) by striking the paragraph (2) enacted by section 2005(b)(2) 
    of the Intelligence Reform and Terrorism Prevention Act of 2004 
    (Public Law 108-458; 118 Stat. 3704).
    SEC. 445. REPORT AND ASSESSMENTS ON TRANSFORMATION OF THE 
      INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
    (a) Report.--
        (1) Requirement.--Not later than 180 days after the date of the 
    enactment of this Act, the Director of the Federal Bureau of 
    Investigation, in consultation with the Director of National 
    Intelligence, shall submit to the congressional intelligence 
    committees, the Committee on the Judiciary of the Senate, and the 
    Committee on the Judiciary of the House of Representatives a report 
    describing--
            (A) a long-term vision for the intelligence capabilities of 
        the National Security Branch of the Bureau;
            (B) a strategic plan for the National Security Branch; and
            (C) the progress made in advancing the capabilities of the 
        National Security Branch.
        (2) Content.--The report required by paragraph (1) shall 
    include--
            (A) a description of the direction, strategy, and goals for 
        improving the intelligence capabilities of the National 
        Security Branch;
            (B) a description of the intelligence and national security 
        capabilities of the National Security Branch that will be fully 
        functional within the five-year period beginning on the date on 
        which the report is submitted;
            (C) a description--
                (i) of the internal reforms that were carried out at 
            the National Security Branch during the two-year period 
            ending on the date on which the report is submitted; and
                (ii) of the manner in which such reforms have advanced 
            the capabilities of the National Security Branch;
            (D) an assessment of the effectiveness of the National 
        Security Branch in performing tasks that are critical to the 
        effective functioning of the National Security Branch as an 
        intelligence agency, including--
                (i) human intelligence collection, both within and 
            outside the parameters of an existing case file or ongoing 
            investigation, in a manner that protects civil liberties;
                (ii) intelligence analysis, including the ability of 
            the National Security Branch to produce, and provide 
            policymakers with, information on national security threats 
            to the United States;
                (iii) management, including the ability of the National 
            Security Branch to manage and develop human capital and 
            implement an organizational structure that supports the 
            objectives and strategies of the Branch;
                (iv) integration of the National Security Branch into 
            the intelligence community, including an ability to 
            robustly share intelligence and effectively communicate and 
            operate with appropriate Federal, State, local, and tribal 
            partners;
                (v) implementation of an infrastructure that supports 
            the national security and intelligence missions of the 
            National Security Branch, including proper information 
            technology and facilities; and
                (vi) reformation of the culture of the National 
            Security Branch, including the integration by the Branch of 
            intelligence analysts and other professional staff into 
            intelligence collection operations and the success of the 
            National Security Branch in ensuring that intelligence and 
            threat information drive the operations of the Branch;
            (E) performance metrics and specific annual timetables for 
        advancing the performance of the tasks referred to in clauses 
        (i) through (vi) of subparagraph (D) and a description of the 
        activities being undertaken to ensure that the performance of 
        the National Security Branch in carrying out such tasks 
        improves; and
            (F) an assessment of the effectiveness of the field office 
        supervisory term limit policy of the Federal Bureau of 
        Investigation that requires the mandatory reassignment of a 
        supervisor of the Bureau after a specific term of years.
    (b) Annual Assessments.--
        (1) Requirement for assessments.--Not later than 180 days after 
    the date on which the report required by subsection (a)(1) is 
    submitted, and annually thereafter for five years, the Director of 
    National Intelligence, in consultation with the Director of the 
    Federal Bureau of Investigation, shall submit to the congressional 
    intelligence committees, the Committee on the Judiciary of the 
    Senate, and the Committee on the Judiciary of the House of 
    Representatives an assessment of the performance of the National 
    Security Branch in carrying out the tasks referred to in clauses 
    (i) through (vi) of subsection (a)(2)(D) in comparison to such 
    performance during previous years.
        (2) Considerations.--In conducting each assessment required by 
    paragraph (1), the Director of National Intelligence--
            (A) shall use the performance metrics and specific annual 
        timetables for carrying out such tasks referred to in 
        subsection (a)(2)(E); and
            (B) may request the assistance of any expert that the 
        Director considers appropriate, including an inspector general 
        of an appropriate department or agency.

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

    SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS 
      SERVICE PROGRAM OFFICE.
    (a) Reorganization of the Diplomatic Telecommunications Service 
Program Office.--
        (1) In general.--Subtitle B of title III of the Intelligence 
    Authorization Act for Fiscal Year 2001 (Public Law 106-567; 22 
    U.S.C. 7301 et seq.) is amended by striking sections 321, 322, 323, 
    and 324, and inserting the following new sections:
    ``SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
    ``(a) Reorganization.--The Diplomatic Telecommunications Service 
Program Office established pursuant to title V of Public Law 102-140 
shall be reorganized in accordance with this subtitle.
    ``(b) Duties.--The duties of the DTS-PO include implementing a 
program for the establishment and maintenance of a DTS Network capable 
of providing multiple levels of service to meet the wide-ranging needs 
of all United States Government departments and agencies operating from 
diplomatic and consular facilities outside of the United States, 
including national security needs for secure, reliable, and robust 
communications capabilities.
    ``SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC TELECOMMUNICATIONS 
      SERVICE GOVERNANCE BOARD.
    ``(a) Governance Board.--
        ``(1) Establishment.--There is established the Diplomatic 
    Telecommunications Service Governance Board to direct and oversee 
    the activities and performance of the DTS-PO.
        ``(2) Executive agent.--
            ``(A) Designation.--The Director of the Office of 
        Management and Budget shall designate, from among the 
        departments and agencies of the United States Government that 
        use the DTS Network, a department or agency as the DTS-PO 
        Executive Agent.
            ``(B) Duties.--The Executive Agent designated under 
        subparagraph (A) shall--
                ``(i) nominate a Director of the DTS-PO for approval by 
            the Governance Board in accordance with subsection (e); and
                ``(ii) perform such other duties as established by the 
            Governance Board in the determination of written 
            implementing arrangements and other relevant and 
            appropriate governance processes and procedures under 
            paragraph (3).
        ``(3) Requirement for implementing arrangements.--Subject to 
    the requirements of this subtitle, the Governance Board shall 
    determine the written implementing arrangements and other relevant 
    and appropriate governance processes and procedures to manage, 
    oversee, resource, or otherwise administer the DTS-PO.
    ``(b) Membership.--
        ``(1) Selection.--The Director of the Office of Management and 
    Budget shall designate from among the departments and agencies that 
    use the DTS Network--
            ``(A) four departments and agencies to each appoint one 
        voting member of the Governance Board from the personnel of 
        such departments and agencies; and
            ``(B) any other departments and agencies that the Director 
        considers appropriate to each appoint one nonvoting member of 
        the Governance Board from the personnel of such departments and 
        agencies.
        ``(2) Voting and nonvoting members.--The Governance Board shall 
    consist of voting members and nonvoting members as follows:
            ``(A) Voting members.--The voting members shall consist of 
        a Chair, who shall be designated by the Director of the Office 
        of Management and Budget, and the four members appointed by 
        departments and agencies designated under paragraph (1)(A).
            ``(B) Nonvoting members.--The nonvoting members shall 
        consist of the members appointed by departments and agencies 
        designated under paragraph (1)(B) and shall act in an advisory 
        capacity.
    ``(c) Chair Duties and Authorities.--The Chair of the Governance 
Board shall--
        ``(1) preside over all meetings and deliberations of the 
    Governance Board;
        ``(2) provide the Secretariat functions of the Governance 
    Board; and
        ``(3) propose bylaws governing the operation of the Governance 
    Board.
    ``(d) Quorum, Decisions, Meetings.--A quorum of the Governance 
Board shall consist of the presence of the Chair and four voting 
members. The decisions of the Governance Board shall require a majority 
of the voting membership. The Chair shall convene a meeting of the 
Governance Board not less than four times each year to carry out the 
functions of the Governance Board. The Chair or any voting member may 
convene a meeting of the Governance Board.
    ``(e) Governance Board Duties.--The Governance Board shall have the 
following duties with respect to the DTS-PO:
        ``(1) To approve and monitor the plans, services, priorities, 
    policies, and pricing methodology of the DTS-PO for bandwidth costs 
    and projects carried out at the request of a department or agency 
    that uses the DTS Network.
        ``(2) To provide to the DTS-PO Executive Agent the 
    recommendation of the Governance Board with respect to the 
    approval, disapproval, or modification of each annual budget 
    request for the DTS-PO, prior to the submission of any such request 
    by the Executive Agent.
        ``(3) To review the performance of the DTS-PO against plans 
    approved under paragraph (1) and the management activities and 
    internal controls of the DTS-PO.
        ``(4) To require from the DTS-PO any plans, reports, documents, 
    and records the Governance Board considers necessary to perform its 
    oversight responsibilities.
        ``(5) To conduct and evaluate independent audits of the DTS-PO.
        ``(6) To approve or disapprove the nomination of the Director 
    of the DTS-PO by the Executive Agent with a majority vote of the 
    Governance Board.
        ``(7) To recommend to the Executive Agent the replacement of 
    the Director of the DTS-PO with a majority vote of the Governance 
    Board.
    ``(f) National Security Interests.--The Governance Board shall 
ensure that those enhancements of, and the provision of service for, 
telecommunication capabilities that involve the national security 
interests of the United States receive the highest prioritization.
    ``SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE.
    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for the operations, 
maintenance, development, enhancement, modernization, and investment 
costs of the DTS Network and the DTS-PO. Funds appropriated for 
allocation to the DTS-PO shall remain available to the DTS-PO for a 
period of two fiscal years.
    ``(b) Fees.--The DTS-PO shall charge a department or agency that 
uses the DTS Network for only those bandwidth costs attributable to 
such department or agency and for specific projects carried out at the 
request of such department or agency, pursuant to the pricing 
methodology for such bandwidth costs and such projects approved under 
section 322(e)(1), for which amounts have not been appropriated for 
allocation to the DTS-PO. The DTS-PO is authorized to directly receive 
payments from departments or agencies that use the DTS Network and to 
invoice such departments or agencies for the fees under this section 
either in advance of, or upon or after, providing the bandwidth or 
performing such projects. Such funds received from such departments or 
agencies shall remain available to the DTS-PO for a period of two 
fiscal years.
    ``SEC. 324. DEFINITIONS.
    ``In this subtitle:
        ``(1) DTS network.--The term `DTS Network' means the worldwide 
    telecommunications network supporting all United States Government 
    agencies and departments operating from diplomatic and consular 
    facilities outside of the United States.
        ``(2) DTS-PO.--The term `DTS-PO' means the Diplomatic 
    Telecommunications Service Program Office.
        ``(3) Governance board.--The term `Governance Board' means the 
    Diplomatic Telecommunications Service Governance Board established 
    under section 322(a)(1).''.
        (2) Table of contents amendment.--The table of contents in 
    section 1(b) of the Intelligence Authorization Act for Fiscal Year 
    2001 (Public Law 106-567; 114 Stat. 2831) is amended by striking 
    the items relating to sections 321, 322, 323, and 324 and inserting 
    the following new items:

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

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

     TITLE VI--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT

    SEC. 601. SHORT TITLE.
    This title may be cited as the ``Foreign Intelligence and 
Information Commission Act''.
    SEC. 602. DEFINITIONS.
    In this title:
        (1) Commission.--The term ``Commission'' means the Foreign 
    Intelligence and Information Commission established in section 
    603(a).
        (2) Foreign intelligence; intelligence.--The terms ``foreign 
    intelligence'' and ``intelligence'' have the meaning given those 
    terms in section 3 of the National Security Act of 1947 (50 U.S.C. 
    401a).
        (3) Information.--The term ``information'' includes information 
    of relevance to the foreign policy of the United States collected 
    and conveyed through diplomatic reporting and other reporting by 
    personnel of the United States Government who are not employed by 
    an element of the intelligence community, including public and 
    open-source information.
    SEC. 603. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.
    (a) Establishment.--There is established in the legislative branch 
a Foreign Intelligence and Information Commission.
    (b) Purpose.--The purpose of the Commission is to evaluate systems 
and processes at the strategic, interagency level and provide 
recommendations accordingly, and not to seek to duplicate the functions 
of the Director of National Intelligence.
    (c) Functions.--The Commission shall--
        (1) evaluate the current processes or systems for the strategic 
    integration of the intelligence community, including the Open 
    Source Center, and other elements of the United States Government, 
    including the Department of State, with regard to the collection, 
    reporting, and analysis of foreign intelligence and information;
        (2) provide recommendations to improve or develop such 
    processes or systems to integrate the intelligence community with 
    other elements of the United States Government, potentially 
    including the development of an interagency strategy that 
    identifies--
            (A) the collection, reporting, and analysis requirements of 
        the United States Government;
            (B) the elements of the United States Government best 
        positioned to meet collection and reporting requirements, with 
        regard to missions, comparative institutional advantages, and 
        any other relevant factors; and
            (C) interagency budget and resource allocations necessary 
        to achieve such collection, reporting, and analytical 
        requirements;
        (3) evaluate the extent to which current intelligence 
    collection, reporting, and analysis strategies are intended to 
    provide global coverage and anticipate future threats, challenges, 
    and crises;
        (4) provide recommendations on how to incorporate into the 
    interagency strategy the means to anticipate future threats, 
    challenges, and crises, including by identifying and supporting 
    collection, reporting, and analytical capabilities that are global 
    in scope and directed at emerging, long-term, and strategic 
    targets;
        (5) provide recommendations on strategies for sustaining human 
    and budgetary resources to effect the global collection and 
    reporting missions identified in the interagency strategy, 
    including the prepositioning of collection and reporting 
    capabilities;
        (6) provide recommendations for developing, clarifying, and, if 
    necessary, bolstering current and future collection and reporting 
    roles and capabilities of elements of the United States Government 
    that are not elements of the intelligence community deployed in 
    foreign countries;
        (7) provide recommendations related to the role of individual 
    country missions in contributing to the interagency strategy;
        (8) evaluate the extent to which the establishment of new 
    embassies and out-of-embassy posts are able to contribute to 
    expanded global coverage and increased collection and reporting and 
    provide recommendations related to the establishment of new 
    embassies and out-of-embassy posts;
        (9) provide recommendations on executive or legislative changes 
    necessary to establish any new executive branch entity or to expand 
    the authorities of any existing executive branch entity, as needed 
    to improve the strategic integration referred to in paragraph (1) 
    and develop and oversee the implementation of any interagency 
    strategy;
        (10) provide recommendations on processes for developing and 
    presenting to Congress budget requests for each relevant element of 
    the United States Government that reflect the allocations 
    identified in the interagency strategy and for congressional 
    oversight of the development and implementation of the strategy; 
    and
        (11) provide recommendations on any institutional reforms 
    related to the collection and reporting roles of individual 
    elements of the United States Government outside the intelligence 
    community, as well as any budgetary, legislative, or other changes 
    needed to achieve such reforms.
    SEC. 604. MEMBERS AND STAFF OF THE COMMISSION.
    (a) Members of the Commission.--
        (1) Appointment.--The Commission shall be composed of 10 
    members as follows:
            (A) Two members appointed by the majority leader of the 
        Senate.
            (B) Two members appointed by the minority leader of the 
        Senate.
            (C) Two members appointed by the Speaker of the House of 
        Representatives.
            (D) Two members appointed by the minority leader of the 
        House of Representatives.
            (E) One nonvoting member appointed by the Director of 
        National Intelligence.
            (F) One nonvoting member appointed by the Secretary of 
        State.
        (2) Selection.--
            (A) In general.--Members of the Commission shall be 
        individuals who--
                (i) are not officers or employees of the United States 
            Government or any State or local government; and
                (ii) have knowledge and experience--

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

            (B) Diversity of experience.--The individuals appointed to 
        the Commission should be selected with a view to establishing 
        diversity of experience with regard to various geographic 
        regions, functions, and issues.
        (3) Consultation.--The Speaker and the minority leader of the 
    House of Representatives, the majority leader and the minority 
    leader of the Senate, the Director of National Intelligence, and 
    the Secretary of State shall consult among themselves prior to the 
    appointment of the members of the Commission in order to achieve, 
    to the maximum extent possible, fair and equitable representation 
    of various points of view with respect to the matters to be 
    considered by the Commission in accordance with this title.
        (4) Time of appointment.--The appointments under subsection (a) 
    shall be made--
            (A) after the date on which funds are first appropriated 
        for the Commission pursuant to section 609; and
            (B) not later than 60 days after such date.
        (5) Term of appointment.--Members shall be appointed for the 
    life of the Commission.
        (6) Vacancies.--Any vacancy of the Commission shall not affect 
    the powers of the Commission and shall be filled in the manner in 
    which the original appointment was made.
        (7) Chair.--The voting members of the Commission shall 
    designate one of the voting members to serve as the chair of the 
    Commission.
        (8) Quorum.--Five voting members of the Commission shall 
    constitute a quorum for purposes of transacting the business of the 
    Commission.
        (9) Meetings.--The Commission shall meet at the call of the 
    chair and shall meet regularly, not less than once every 3 months, 
    during the life of the Commission.
    (b) Staff.--
        (1) In general.--The chair of the Commission may, without 
    regard to the provisions of title 5, United States Code, governing 
    appointments in the competitive service and chapter 51 and 
    subchapter III of chapter 53 of that title relating to 
    classification of positions and General Schedule pay rates, appoint 
    and terminate an executive director and, in consultation with the 
    executive director, appoint and terminate such other additional 
    personnel as may be necessary to enable the Commission to perform 
    its duties. In addition to the executive director and one full-time 
    support staff for the executive director, there shall be additional 
    staff with relevant intelligence and foreign policy experience to 
    support the work of the Commission.
        (2) Selection of the executive director.--The executive 
    director shall be selected with the approval of a majority of the 
    voting members of the Commission.
        (3) Compensation.--
            (A) Executive director.--The executive director shall be 
        compensated at the maximum annual rate payable for an employee 
        of a standing committee of the Senate under section 105(e) of 
        the Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61-
        1(e)), as adjusted by any order of the President pro tempore of 
        the Senate.
            (B) Staff.--The chair of the Commission may fix the 
        compensation of other personnel of the Commission without 
        regard to chapter 51 and subchapter III of chapter 53 of title 
        5, United States Code, relating to classification of positions 
        and General Schedule pay rates, except that the rate of pay for 
        such personnel may not exceed the maximum annual rate payable 
        for an employee of a standing committee of the Senate under 
        section 105(e) of the Legislative Branch Appropriations Act, 
        1968 (2 U.S.C. 61-1(e)), as adjusted by any order of the 
        President pro tempore of the Senate.
    (c) Experts and Consultants.--The Commission is authorized to 
procure temporary or intermittent services of experts and consultants 
as necessary to the extent authorized by section 3109 of title 5, 
United States Code, at rates for individuals not to exceed the daily 
equivalent of the maximum annual rate of basic pay payable under 
section 5376 of such title.
    (d) Staff and Services of Other Agencies or Departments of the 
United States.--Upon the request of the Commission, the head of a 
department or agency of the United States may detail, on a reimbursable 
or nonreimbursable basis, any of the personnel of that department or 
agency to the Commission to assist the Commission in carrying out this 
title. The detail of any such personnel shall be without interruption 
or loss of civil service or Foreign Service status or privilege.
    (e) Security Clearance.--The appropriate departments or agencies of 
the United States shall cooperate with the Commission in expeditiously 
providing to the members and staff of the Commission appropriate 
security clearances to the extent possible pursuant to existing 
procedures and requirements.
    (f) Reports Under Ethics in Government Act of 1978.--
Notwithstanding any other provision of law, for purposes of title I of 
the Ethics in Government Act of 1978 (5 U.S.C. App.), each member and 
staff of the Commission--
        (1) shall be deemed to be an officer or employee of the 
    Congress (as defined in section 109(13) of such title); and
        (2) shall file any report required to be filed by such member 
    or such staff (including by virtue of the application of paragraph 
    (1)) under title I of the Ethics in Government Act of 1978 (5 
    U.S.C. App.) with the Secretary of the Senate.
    SEC. 605. POWERS AND DUTIES OF THE COMMISSION.
    (a) Hearings and Evidence.--The Commission may hold such hearings, 
sit and act at such times and places, take such testimony, and receive 
such evidence as the Commission considers advisable to carry out this 
title.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any department or agency of the United States such 
information as the Commission considers necessary to carry out this 
title. Upon request of the chair of the Commission, the head of such 
department or agency shall furnish such information to the Commission, 
subject to applicable law.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as a department 
or agency of the United States.
    (d) Administrative Support.--The Administrator of the General 
Services Administration shall provide to the Commission on a 
reimbursable basis (or, in the discretion of the Administrator, on a 
nonreimbursable basis) such administrative support services as the 
Commission may request to carry out this title.
    (e) Administrative Procedures.--The Commission may adopt such rules 
and regulations, relating to administrative procedure, as may be 
reasonably necessary to enable the Commission to carry out this title.
    (f) Travel.--
        (1) In general.--The members and staff of the Commission may, 
    with the approval of the Commission, conduct such travel as is 
    necessary to carry out this title.
        (2) Expenses.--Members of the Commission shall serve without 
    pay but shall be allowed travel expenses, including per diem in 
    lieu of subsistence, at rates authorized for employees of agencies 
    under subchapter I of chapter 57 of title 5, United States Code, 
    while away from their homes or regular places of business in the 
    performance of services for the Commission.
    (g) Gifts.--No member or staff of the Commission may receive a gift 
or benefit by reason of the service of such member or staff to the 
Commission.
    SEC. 606. REPORT OF THE COMMISSION.
    (a) In General.--
        (1) Interim report.--Not later than 300 days after the date on 
    which all members of the Commission are appointed under section 
    604(a), the Commission shall submit to the congressional 
    intelligence committees an interim report setting forth the 
    preliminary evaluations and recommendations of the Commission 
    described in section 603(c).
        (2) Final report.--Not later than 60 days after the date of the 
    submission of the report required by paragraph (1), the Commission 
    shall submit a final report setting forth the final evaluations and 
    recommendations of the Commission described in section 603(c) to 
    each of the following:
            (A) The President.
            (B) The Director of National Intelligence.
            (C) The Secretary of State.
            (D) The congressional intelligence committees.
            (E) The Committee on Foreign Relations of the Senate.
            (F) The Committee on Foreign Affairs of the House of 
        Representatives.
    (b) Individual or Dissenting Views.--Each member of the Commission 
may include that member's individual or dissenting views in a report 
required by paragraph (1) or (2) of subsection (a).
    (c) Form of Report.--The reports required by paragraphs (1) and (2) 
of subsection (a), including any finding or recommendation of such 
report, shall be submitted in unclassified form, but may include a 
classified annex.
    SEC. 607. TERMINATION.
    (a) In General.--The Commission shall terminate on the date that is 
60 days after the date of the submission of the report required by 
section 606(a)(2).
    (b) Transfer of Records.--Upon the termination of the Commission 
under subsection (a), all records, files, documents, and other 
materials in the possession, custody, or control of the Commission 
shall be transferred to the Select Committee on Intelligence of the 
Senate and deemed to be records of such Committee.
    SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission.
    SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
    (a) In General.--There is authorized to be appropriated such sums 
as may be necessary to carry out this title.
    (b) Availability.--Amounts made available to the Commission 
pursuant to subsection (a) shall remain available until expended.

                        TITLE VII--OTHER MATTERS

    SEC. 701. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE 
      RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES 
      INTELLIGENCE COMMUNITY.
    (a) Extension.--
        (1) In general.--Effective on the date on which funds are first 
    appropriated pursuant to subsection (b)(1) and subject to paragraph 
    (3), subsection (a) of section 1007 of the Intelligence 
    Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50 
    U.S.C. 401 note) is amended by striking ``September 1, 2004,'' and 
    inserting ``one year after the date on which all members of the 
    Commission are appointed pursuant to section 701(a)(3) of the 
    Intelligence Authorization Act for Fiscal Year 2010,''.
        (2) Applicability of amendment.--The amendment made by 
    paragraph (1) shall take effect as if included in the enactment of 
    such section 1007.
        (3) Commission membership.--The membership of the National 
    Commission for the Review of the Research and Development Programs 
    of the United States Intelligence Community established under 
    subsection (a) of section 1002 of such Act (Public Law 107-306; 50 
    U.S.C. 401 note) (referred to in this section as the 
    ``Commission'') shall be considered vacant and new members shall be 
    appointed in accordance with such section 1002, as amended by this 
    section.
        (4) Clarification of duties.--Section 1002(i) of such Act is 
    amended in the matter preceding paragraph (1) by striking 
    ``including--'' and inserting ``including advanced research and 
    development programs and activities. Such review shall include--''.
    (b) Funding.--
        (1) In general.--There is authorized to be appropriated such 
    sums as may be necessary to carry out this section.
        (2) Availability.--Amounts made available to the Commission 
    pursuant to paragraph (1) shall remain available until expended.
        (3) Repeal of existing funding authority.--Section 1010 of the 
    Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
    107-306; 50 U.S.C. 401 note) is repealed.
    (c) Technical Amendments.--
        (1) Director of central intelligence.--The Intelligence 
    Authorization Act for Fiscal Year 2003 (Public Law 107-306) is 
    amended by striking ``Director of Central Intelligence'' each place 
    it appears and inserting ``Director of National Intelligence'' in 
    the following provisions:
            (A) Section 1002(h)(2).
            (B) Section 1003(d)(1).
            (C) Section 1006(a)(1).
            (D) Section 1006(b).
            (E) Section 1007(a).
            (F) Section 1008.
        (2) Deputy director of central intelligence for community 
    management.--Paragraph (1) of section 1002(b) of such Act is 
    amended by striking ``The Deputy Director of Central Intelligence 
    for Community Management.'' and inserting ``The Principal Deputy 
    Director of National Intelligence.''.
    SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH MATERIALS IN 
      THE POSSESSION OF THE CONGRESSIONAL INTELLIGENCE COMMITTEES.
    The Director of National Intelligence is authorized to conduct, at 
the request of one of the congressional intelligence committees and in 
accordance with procedures established by that committee, a 
classification review of materials in the possession of that committee 
that--
        (1) are not less than 25 years old; and
        (2) were created, or provided to that committee, by an entity 
    in the executive branch.

                    TITLE VIII--TECHNICAL AMENDMENTS

    SEC. 801. TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE 
      SURVEILLANCE ACT OF 1978.
    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.) is amended--
        (1) in section 101--
            (A) in subsection (a), by moving paragraph (7) two ems to 
        the right; and
            (B) by moving subsections (b) through (p) two ems to the 
        right;
        (2) in section 103, by redesignating subsection (i) as 
    subsection (h);
        (3) in section 109(a)--
            (A) in paragraph (1), by striking ``section 112.;'' and 
        inserting ``section 112;''; and
            (B) in paragraph (2), by striking the second period;
        (4) in section 301(1), by striking ```United States''' and all 
    that follows through ``and `State''' and inserting ```United 
    States', `person', `weapon of mass destruction', and `State''';
        (5) in section 304(b), by striking ``subsection (a)(3)'' and 
    inserting ``subsection (a)(2)''; and
        (6) in section 502(a), by striking ``a annual'' and inserting 
    ``an annual''.
    SEC. 802. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY 
      ACT OF 1949.
    The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et 
seq.) is amended--
        (1) in paragraph (1) of section 5(a), by striking ``authorized 
    under paragraphs (2) and (3) of section 102(a), subsections (c)(7) 
    and (d) of section 103, subsections (a) and (g) of section 104, and 
    section 303 of the National Security Act of 1947 (50 U.S.C. 
    403(a)(2), (3), 403-3(c)(7), (d), 403-4(a), (g), and 405)'' and 
    inserting ``authorized under section 104A of the National Security 
    Act of 1947 (50 U.S.C. 403-4a).''; and
        (2) in section 17(d)(3)(B)--
            (A) in clause (i), by striking ``advise'' and inserting 
        ``advice''; and
            (B) by amending clause (ii) to read as follows:
            ``(ii) holds or held the position in the Agency, including 
        such a position held on an acting basis, of--
                ``(I) Deputy Director;
                ``(II) Associate Deputy Director;
                ``(III) Director of the National Clandestine Service;
                ``(IV) Director of Intelligence;
                ``(V) Director of Support; or
                ``(VI) Director of Science and Technology.''.
    SEC. 803. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE.
    Section 528(c) of title 10, United States Code, is amended--
        (1) in the heading, by striking ``Associate Director of CIA for 
    Military Affairs'' and inserting ``Associate Director of Military 
    Affairs, CIA''; and
        (2) by striking ``Associate Director of the Central 
    Intelligence Agency for Military Affairs'' and inserting 
    ``Associate Director of Military Affairs, Central Intelligence 
    Agency, or any successor position''.
    SEC. 804. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 
      1947.
    The National Security Act of 1947 (50 U.S.C. 401 et seq.) is 
amended--
        (1) in section 3(4)(L), by striking ``other'' the second place 
    it appears;
        (2) in section 102A--
            (A) in subsection (c)(3)(A), by striking ``annual budgets 
        for the Joint Military Intelligence Program and for Tactical 
        Intelligence and Related Activities'' and inserting ``annual 
        budget for the Military Intelligence Program or any successor 
        program or programs'';
            (B) in subsection (d)--
                (i) in paragraph (1)(B), by striking ``Joint Military 
            Intelligence Program'' and inserting ``Military 
            Intelligence Program or any successor program or 
            programs'';
                (ii) in paragraph (3) in the matter preceding 
            subparagraph (A), by striking ``subparagraph (A)'' and 
            inserting ``paragraph (1)(A)''; and
                (iii) in paragraph (5)--

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

            (C) in subsection (l)(2)(B), by striking ``section'' and 
        inserting ``paragraph''; and
            (D) in subsection (n), by inserting ``and Other'' after 
        ``Acquisition'';
        (3) in section 103(b), by striking ``, the National Security 
    Act of 1947 (50 U.S.C. 401 et seq.),'';
        (4) in section 104A(g)(1) in the matter preceding subparagraph 
    (A), by striking ``Directorate of Operations'' and inserting 
    ``National Clandestine Service'';
        (5) in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
    striking ``subsection (h)'' and inserting ``subsection (i)'';
        (6) in section 701(b)(1), by striking ``Directorate of 
    Operations'' and inserting ``National Clandestine Service'';
        (7) in section 705(e)(2)(D)(i) (50 U.S.C. 432c(e)(2)(D)(i)), by 
    striking ``responsible'' and inserting ``responsive''; and
        (8) in section 1003(h)(2) in the matter preceding subparagraph 
    (A), by striking ``subsection (i)(2)(B)'' and inserting 
    ``subsection (g)(2)(B)''.
    SEC. 805. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL 
      INTELLIGENCE PROGRAM.
    (a) In General.--Subsection (a) of section 1403 of the National 
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is 
amended--
        (1) in the heading, by striking ``Foreign''; and
        (2) by striking ``foreign'' each place it appears.
    (b) Responsibility of Director of National Intelligence.--Such 
section 1403, as amended by subsection (a), is further amended--
        (1) in subsections (a) and (c), by striking ``Director of 
    Central Intelligence'' and inserting ``Director of National 
    Intelligence''; and
        (2) in subsection (b), by inserting ``of National 
    Intelligence'' after ``Director''.
    (c) Future-Years Defense Program.--Subsection (c) of such section 
1403, as amended by subsection (b), is further amended by striking 
``multiyear defense program submitted pursuant to section 114a of title 
10, United States Code'' and inserting ``future-years defense program 
submitted pursuant to section 221 of title 10, United States Code''.
    (d) Conforming Amendments.--
        (1) In general.--The heading of such section 1403 is amended to 
    read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
        (2) Table of contents amendment.--The table of contents in 
    section 2 of the National Defense Authorization Act for Fiscal Year 
    1991 (Public Law 101-510; 104 Stat. 1485) is amended by striking 
    the item relating to section 1403 and inserting the following new 
    item:

``Sec. 1403. Multiyear National Intelligence Program.''.
    SEC. 806. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND 
      TERRORISM PREVENTION ACT OF 2004.
    (a) Amendments to the National Security Intelligence Reform Act of 
2004.--The National Security Intelligence Reform Act of 2004 (title I 
of Public Law 108-458; 118 Stat. 3643) is amended--
        (1) in subparagraph (B) of section 1016(e)(10) (6 U.S.C. 
    485(e)(10)), by striking ``Attorney General'' the second place it 
    appears and inserting ``Department of Justice'';
        (2) in subsection (e) of section 1071, by striking ``(1)''; and
        (3) in subsection (b) of section 1072, in the subsection 
    heading by inserting ``Agency'' after ``Intelligence''.
    (b) Other Amendments to the Intelligence Reform and Terrorism 
Prevention Act of 2004.--The Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638) is 
amended--
        (1) in section 2001 (28 U.S.C. 532 note)--
            (A) in paragraph (1) of subsection (c)--
                (i) by striking ``shall,'' and inserting ``shall''; and
                (ii) by inserting ``of'' before ``an institutional 
            culture'';
            (B) in paragraph (2) of subsection (e), by striking ``the 
        National Intelligence Director in a manner consistent with 
        section 112(e)'' and inserting ``the Director of National 
        Intelligence in a manner consistent with applicable law''; and
            (C) in subsection (f), by striking ``shall,'' in the matter 
        preceding paragraph (1) and inserting ``shall''; and
        (2) in section 2006 (28 U.S.C. 509 note)--
            (A) in paragraph (2), by striking ``the Federal'' and 
        inserting ``Federal''; and
            (B) in paragraph (3), by striking ``the specific'' and 
        inserting ``specific''.
    SEC. 807. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
    (a) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended by striking the item relating to the Director 
of Central Intelligence and inserting the following new item:
    ``Director of the Central Intelligence Agency.''.
    (b) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by striking the item relating to the General 
Counsel of the Office of the National Intelligence Director and 
inserting the following new item:
    ``General Counsel of the Office of the Director of National 
Intelligence.''.
    SEC. 808. TECHNICAL AMENDMENTS TO SECTION 105 OF THE INTELLIGENCE 
      AUTHORIZATION ACT FOR FISCAL YEAR 2004.
    Section 105(b) of the Intelligence Authorization Act for Fiscal 
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is 
amended--
        (1) by striking ``Director of Central Intelligence'' and 
    inserting ``Director of National Intelligence''; and
        (2) by inserting ``or in section 313 of such title,'' after 
    ``subsection (a)),''.
    SEC. 809. TECHNICAL AMENDMENTS TO SECTION 602 OF THE INTELLIGENCE 
      AUTHORIZATION ACT FOR FISCAL YEAR 1995.
    Section 602 of the Intelligence Authorization Act for Fiscal Year 
1995 (50 U.S.C. 403-2b) is amended--
        (1) in subsection (a), in paragraph (2), by striking ``Director 
    of Central Intelligence'' and inserting ``Director of National 
    Intelligence''; and
        (2) in subsection (b)--
            (A) in paragraph (1), by striking ``Director of Central 
        Intelligence'' and inserting ``Director of National 
        Intelligence'';
            (B) in paragraph (2)--
                (i) in subparagraph (A), by striking ``Director of 
            Central Intelligence'' and inserting ``Director of National 
            Intelligence''; and
                (ii) in subparagraph (B), by striking ``Director of 
            Central Intelligence'' and inserting ``Director of National 
            Intelligence''; and
            (C) in paragraph (3), by striking ``Director of Central 
        Intelligence'' and inserting ``Director of the Central 
        Intelligence Agency''.
    SEC. 810. TECHNICAL AMENDMENTS TO SECTION 403 OF THE INTELLIGENCE 
      AUTHORIZATION ACT, FISCAL YEAR 1992.
    (a) Role of the Director of National Intelligence.--Section 403 of 
the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 403-2) 
is amended by striking ``The Director of Central Intelligence'' and 
inserting the following:
    ``(a) In General.--The Director of National Intelligence''.
    (b) Definition of Intelligence Community.--Section 403 of the 
Intelligence Authorization Act, Fiscal Year 1992, as amended by 
subsection (a), is further amended--
        (1) by striking ``Intelligence Community'' and inserting 
    ``intelligence community''; and
        (2) by striking the second sentence and inserting the 
    following:
    ``(b) Intelligence Community Defined.--In this section, the term 
`intelligence community' has the meaning given that term in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.`