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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2701 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                    September 27, 2010.
    Resolved, That the bill from the House of Representatives (H.R. 
2701) entitled ``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.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

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)).''.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                               H.R. 2701

_______________________________________________________________________

                               AMENDMENT
```