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20 June 2008
[110th CONGRESS Senate Bills]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: s2996pcs.txt]
[Placed on Calendar Senate]
Calendar No. 730
110th CONGRESS
2d Session
S. 2996
[Report No. 110-333]
To authorize appropriations for fiscal year 2009 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2008
Mr. Rockefeller from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2009 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel level adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of
the Central Intelligence Agency Retirement
Act.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements
of the intelligence community.
Sec. 303. Enhancement of authority of the Director of National
Intelligence for flexible personnel
management among the elements of the
intelligence community.
Sec. 304. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 305. Annual personnel level assessments for the intelligence
community.
Subtitle B--Acquisition Matters
Sec. 311. Reports on the acquisition of major systems.
Sec. 312. Vulnerability assessments of major systems.
Sec. 313. Intelligence community business system modernization.
Sec. 314. Excessive cost growth of major systems.
Sec. 315. Prohibition on conflicts of interest in intelligence
community contracting.
Sec. 316. Future budget projections.
Subtitle C--Interrogation and Detention Related Matters
Sec. 321. Limitation on interrogation techniques.
Sec. 322. Prohibition on interrogations by contractors.
Sec. 323. Notification of the International Committee of the Red Cross.
Sec. 324. Report on compliance with the Detainee Treatment Act of 2005
and related provisions of the Military
Commissions Act of 2006.
Subtitle D--Reporting Requirements
Sec. 331. Report on use of contractors by elements of the intelligence
community.
Sec. 332. Improvement of notification of Congress regarding
intelligence activities of the United
States.
Sec. 333. Federal Bureau of Investigation intelligence transformation.
Sec. 334. Incorporation of reporting requirements.
Sec. 335. Repeal of certain reporting requirements.
Subtitle E--Other Matters
Sec. 341. Restriction on conduct of intelligence activities.
Sec. 342. Clarification of definition of intelligence community under
the National Security Act of 1947.
Sec. 343. Modification of availability of funds for different
intelligence activities.
Sec. 344. Additional limitation on availability of funds for
intelligence and intelligence-related
activities.
Sec. 345. Limitation on reprogrammings and transfers of funds.
Sec. 346. Availability to public of certain intelligence funding
information.
Sec. 347. Increase in penalties for disclosure of undercover
intelligence officers and agents.
Sec. 348. Authority to designate undercover operations to collect
foreign intelligence or
counterintelligence.
Sec. 349. Language and intelligence analyst training program.
Sec. 350. Extension of authority to delete information about receipt
and disposition of foreign gifts and
decorations.
Sec. 351. Extension of National Commission for the Review of the
Research and Development Programs of the
United States Intelligence Community.
Sec. 352. Clarifying amendments relating to section 105 of the
Intelligence Authorization Act for Fiscal
Year 2004.
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. Modification of limitation on delegation by the Director of
National Intelligence of the protection of
intelligence sources and methods.
Sec. 404. Authorities of the Director of National Intelligence for
interagency funding.
Sec. 405. Clarification of limitation on colocation of the Office of
the Director of National Intelligence.
Sec. 406. Title of Chief Information Officer of the Intelligence
Community.
Sec. 407. Inspector General of the Intelligence Community.
Sec. 408. Chief Financial Officer of the Intelligence Community.
Sec. 409. Leadership and location of certain offices and officials.
Sec. 410. National Space Intelligence Office.
Sec. 411. Operational files in the Office of the Director of National
Intelligence.
Sec. 412. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 413. Director of National Intelligence report on retirement
benefits for former employees of Air
America.
Sec. 414. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 415. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director
of National Intelligence.
Sec. 416. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of
National Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 421. Inapplicability to Director of the Central Intelligence
Agency of requirement for annual report on
progress in auditable financial statements.
Sec. 422. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 423. Technical amendments relating to titles of certain Central
Intelligence Agency positions.
Subtitle C--Defense Intelligence Components
Sec. 431. Enhancement of National Security Agency training program.
Sec. 432. Codification of authorities of National Security Agency
protective personnel.
Sec. 433. Inspector general matters.
Sec. 434. Confirmation of appointment of heads of certain components of
the intelligence community.
Sec. 435. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis
and dissemination of certain intelligence
information.
Subtitle D--Other Elements
Sec. 441. Clarification of inclusion of Coast Guard and Drug
Enforcement Administration as elements of
the intelligence community.
TITLE V--FOREIGN INTELLIGENCE AND INFORMATION COMMISSION
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Findings.
Sec. 504. Establishment and functions of the Commission.
Sec. 505. Members and staff of the Commission.
Sec. 506. Powers and duties of the Commission.
Sec. 507. Report of the Commission.
Sec. 508. Termination.
Sec. 509. Nonapplicability of Federal Advisory Committee Act.
Sec. 510. Funding.
TITLE VI--TECHNICAL AMENDMENTS
Sec. 601. Technical amendment to the Central Intelligence Agency Act of
1949.
Sec. 602. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 603. Technical clarification of certain references to Joint
Military Intelligence Program and Tactical
Intelligence and Related Activities.
Sec. 604. Technical amendments to the National Security Act of 1947.
Sec. 605. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 606. Technical amendments to the Executive Schedule.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel levels as of September 30, 2009, for the
conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany the
conference report on the bill ________ of the One Hundred Tenth
Congress.
(b) Availability of Classified Schedule of Authorizations.--The
classified Schedule of Authorizations referred to in subsection (a)
shall be made available to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
SEC. 103. PERSONNEL LEVEL ADJUSTMENTS.
(a) Authority for Increases.--With the approval of the Director of
the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2009 by the classified
Schedule of Authorizations referred to in section 102(a) if the
Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 5 percent of the number of civilian
personnel authorized under such section for such element.
(b) Transition to Full-Time Equivalency.--
(1) Treatment for fiscal year 2009.--For fiscal year 2009,
the Director of National Intelligence, in consultation with the
head of each element of the intelligence community, may treat
the personnel ceilings authorized under the classified Schedule
of Authorizations referred to in section 102(a) as full-time
equivalents.
(2) Consideration.--In exercising the authority described
in paragraph (1), the Director of National Intelligence may
consider the circumstances under which civilian employees are
employed and accounted for at each element of the intelligence
community in--
(A) a student program, trainee program, or similar
program;
(B) reserve corps or equivalent status as a
reemployed annuitant or other employee;
(C) a joint duty rotational assignment; or
(D) other full-time or part-time status.
(3) Notification to congress.--Not later than 90 days after
the date of the enactment of this Act, the Director of National
Intelligence shall notify the congressional intelligence
committees in writing of--
(A) the policies for implementing the authorities
described in paragraphs (1) and (2); and
(B) the number of all civilian personnel employed
by, or anticipated to be employed by, each element of
the intelligence community during fiscal year 2009
accounted for--
(i) by position;
(ii) by full-time equivalency; or
(iii) by any other method.
(4) Treatment for fiscal year 2010.--The Director of
National Intelligence shall express the personnel levels for
all civilian employees for each element of the intelligence
community in the congressional budget justifications submitted
for fiscal year 2010 as full-time equivalent positions.
(c) Authority for Conversion of Activities Performed by
Contractors.--
(1) In general.--In addition to the authority in subsection
(a) and subject to paragraph (2), if the head of an element of
the intelligence community makes a determination that
activities currently being performed by contractor employees
should be performed by employees of such element, the Director
of National Intelligence may authorize for that purpose
employment of additional full-time equivalent personnel in such
element equal to the number of full-time equivalent contractor
employees performing such activities.
(2) Concurrence and approval.--The authority described in
paragraph (1) may not be exercised unless the Director of
National Intelligence concurs with the determination described
in such paragraph and the Director of the Office of Management
and Budget approves such determination.
(d) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a) or (b).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2009 the sum of
$696,742,000.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 944 full-time or full-time equivalent
personnel as of September 30, 2009. Personnel serving in such elements
may be permanent employees of the Office of the Director of National
Intelligence or personnel detailed from other elements of the United
States Government.
(c) Construction of Authorities.--The Director of National
Intelligence may use the authorities described in subsections (a) and
(c) of section 103 for the adjustment of personnel levels within the
Intelligence Community Management Account.
(d) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2009 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September
30, 2010.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2009, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2009 the sum of
$279,200,000.
SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION OF
THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
Subparagraph (A) of section 235(b)(1) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2055(b)(1)) is amended by striking
``receiving compensation under the Senior Intelligence Service pay
schedule at the rate'' and inserting ``who is at the Senior
Intelligence Service rank''.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for employees of an agency or department of the
United States 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.
Except as provided in section 113 of the National Security Act of
1947 (50 U.S.C. 404h) and section 904(g)(2) of the Counterintelligence
Enhancement Act of 2002 (title IX of Public Law 107-306; 50 U.S.C.
402c(g)(2)) and notwithstanding any other provision of law, in any
fiscal year after fiscal year 2008 an officer or employee of the United
States or member of the Armed Forces may be detailed to the staff of an
element of the intelligence community funded through the Community
Management Account from another element of the United States Government
on a reimbursable or nonreimbursable basis, as jointly agreed to by the
Director of National Intelligence and the head of the detailing element
for a period not to exceed 3 years.
SEC. 303. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF NATIONAL
INTELLIGENCE FOR FLEXIBLE PERSONNEL MANAGEMENT AMONG THE
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsections:
``(s) Authority To Establish Positions in Excepted Service.--(1)
The Director of National Intelligence may, with the concurrence of the
head of the department or agency concerned and in coordination with the
Director of the Office of Personnel Management--
``(A) convert competitive service positions, and the
incumbents of such positions, within an element of the
intelligence community to excepted service positions as the
Director of National Intelligence determines necessary to carry
out the intelligence functions of such element; and
``(B) establish the classification and ranges of rates of
basic pay for positions so converted, notwithstanding otherwise
applicable laws governing the classification and rates of basic
pay for such positions.
``(2)(A) At the request of the Director of National Intelligence,
the head of a department or agency may establish new positions in the
excepted service within an element of such department or agency that is
part of the intelligence community if the Director determines that such
positions are necessary to carry out the intelligence functions of such
element.
``(B) The Director of National Intelligence may establish the
classification and ranges of rates of basic pay for any position
established under subparagraph (A), notwithstanding otherwise
applicable laws governing the classification and rates of basic pay for
such positions.
``(3) The head of the department or agency concerned is authorized
to appoint individuals for service in positions converted under
paragraph (1) or established under paragraph (2) without regard to the
provisions of chapter 33 of title 5, United States Code, governing
appointments in the competitive service, and to fix the compensation of
such individuals within the applicable ranges of rates of basic pay
established by the Director of National Intelligence.
``(4) The maximum rate of basic pay established under this
subsection is the rate for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
``(t) Pay Authority for Critical Positions.--(1) Notwithstanding
any pay limitation established under any other provision of law
applicable to employees in elements of the intelligence community, the
Director of National Intelligence may, in consultation with the
Director of the Office of Personnel Management and the Director of the
Office of Management and Budget, grant authority to fix the rate of
basic pay for 1 or more positions within the intelligence community at
a rate in excess of any applicable limitation, subject to the
provisions of this subsection. The exercise of authority so granted is
at the discretion of the head of the department or agency employing the
individual in a position covered by such authority, subject to the
provisions of this subsection and any conditions established by the
Director of National Intelligence when granting such authority.
``(2) Authority under this subsection may be granted or exercised
only--
``(A) with respect to a position which requires an
extremely high level of expertise and is critical to successful
accomplishment of an important mission; and
``(B) to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) A rate of basic pay may not be fixed under this subsection at
a rate greater than the rate payable for level II of the Executive
Schedule under section 5313 of title 5, United States Code, except upon
written approval of the Director of National Intelligence or as
otherwise authorized by law.
``(4) A rate of basic pay may not be fixed under this subsection at
a rate greater than the rate payable for level I of the Executive
Schedule under section 5312 of title 5, United States Code, except upon
written approval of the President in response to a request by the
Director of National Intelligence or as otherwise authorized by law.
``(5) Any grant of authority under this subsection for a position
shall terminate at the discretion of the Director of National
Intelligence.
``(u) Extension of Flexible Personnel Management Authorities.--(1)
Notwithstanding any other provision of law, in order to ensure the
equitable treatment of employees across the intelligence community, the
Director of National Intelligence may, with the concurrence of the head
of the department or agency concerned, or for those matters that fall
under the responsibilities of the Office of Personnel Management under
statute or executive order, in coordination with the Director of the
Office of Personnel Management, authorize 1 or more elements of the
intelligence community to adopt compensation authority, performance
management authority, and scholarship authority that have been
authorized for another element of the intelligence community if the
Director of National Intelligence--
``(A) determines that the adoption of such authority would
improve the management and performance of the intelligence
community; and
``(B) submits to the congressional intelligence committees,
not later than 60 days before such authority is to take effect,
notice of the adoption of such authority by such element or
elements, including the authority to be so adopted, and an
estimate of the costs associated with the adoption of such
authority.
``(2) To the extent that an existing compensation authority within
the intelligence community is limited to a particular category of
employees or a particular situation, the authority may be adopted in
another element of the intelligence community under this subsection
only for employees in an equivalent category or in an equivalent
situation.
``(3) In this subsection, the term `compensation authority' means
authority involving basic pay (including position classification),
premium pay, awards, bonuses, incentives, allowances, differentials,
student loan repayments, and special payments, but does not include
authorities as follows:
``(A) Authorities related to benefits such as leave,
severance pay, retirement, and insurance.
``(B) Authority to grant a rank award by the President
under section 4507, 4507a, or 3151(c) of title 5, United States
Code, or any other provision of law.
``(C) Compensation authorities and performance management
authorities provided under provisions of law relating to the
Senior Executive Service.''.
SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR
INTELLIGENCE COLLECTION PERSONNEL.
(a) Delegation of Authority.--Section 116(b) of the National
Security Act of 1947 (50 U.S.C. 404k(b)) is amended--
(1) by inserting ``(1)'' before ``The Director'';
(2) in paragraph (1), as designated by paragraph (1) of
this subsection, by striking ``may only delegate'' and all that
follows and inserting ``may delegate the authority in
subsection (a) to the head of any other element of the
intelligence community''; and
(3) by adding at the end the following new paragraph:
``(2) The head of an element of the intelligence community to whom
the authority in subsection (a) is delegated pursuant to paragraph (1)
may further delegate such authority to senior officials of such element
as are specified in guidelines prescribed by the Director of National
Intelligence for purposes of this paragraph.''.
(b) Submission of Guidelines to Congress.--Not later than 6 months
after the date of the enactment of this Act, the Director of National
Intelligence shall prescribe and submit to the congressional
intelligence committees the guidelines referred to in paragraph (2) of
section 116(b) of the National Security Act of 1947, as added by
subsection (a).
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by inserting after section 506A the
following new section:
``SEC. 506B. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE
COMMUNITY.
``(a) Requirement To Provide.--The Director of National
Intelligence shall, in consultation with the head of the element of the
intelligence community concerned, prepare an annual personnel level
assessment for such element of the intelligence community that assesses
the personnel levels for each such element for the fiscal year
following the fiscal year in which the assessment is submitted.
``(b) Schedule.--Each assessment required by subsection (a) shall
be submitted to the congressional intelligence committees each year
along with the budget submitted by the President under section 1105 of
title 31, United States Code.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain, at a minimum, the
following information for the element of the intelligence community
concerned:
``(1) The budget submission for personnel costs for the
upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs of the current
fiscal year.
``(3) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs during the prior
5 fiscal years.
``(4) The number of personnel positions requested for the
upcoming fiscal year.
``(5) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions of
the current fiscal year.
``(6) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions
during the prior 5 fiscal years.
``(7) The best estimate of the number and costs of
contractors to be funded by the element for the upcoming fiscal
year.
``(8) The numerical and percentage increase or decrease of
such costs of contractors as compared to the best estimate of
the costs of contractors of the current fiscal year.
``(9) A written justification for the requested personnel
and contractor levels.
``(10) The number of intelligence collectors and analysts
employed or contracted by each element of the intelligence
community.
``(11) A list of all contractors that have been the subject
of an investigation completed by the Inspector General of any
element of the intelligence community during the preceding
fiscal year, or are or have been the subject of an
investigation by such an Inspector General during the current
fiscal year.
``(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 contractor levels;
``(B) training resources to support the requested
personnel levels; and
``(C) funding to support the administrative and
operational activities of the requested personnel
levels.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting after the item relating to section
506A the following new item:
``Sec. 506B. Annual personnel levels assessment for the intelligence
community.''.
Subtitle B--Acquisition Matters
SEC. 311. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
(a) Content of Reports.--Clause (ii) of section 102A(q)(C) (50
U.S.C. 403-1(q)(C)) of the National Security Act of 1947 is amended by
striking the period at the end and inserting ``that includes--''
``(I) the current total acquisition cost
for such system, and the history of such cost
from the date the system was first included in
a report under this clause to the end of the
calendar quarter immediately proceeding the
submittal of the report;
``(II) the current development schedule for
such system, including an estimate of annual
development costs until development is
completed;
``(III) the planned procurement schedule
for such system, including the best estimate of
the Director of National Intelligence of the
annual costs and units to be procured until
procurement is completed;
``(IV) a full life-cycle cost analysis for
such system;
``(V) the result of any significant test
and evaluation of such system as of the date of
the submittal of the report, or, if a
significant test and evaluation has not been
conducted, a statement of the reasons therefor
and the results of any other test and
evaluation that has been conducted of such
system;
``(VI) the reasons for any change in
acquisition cost, or schedule, for such system
from the previous report under this clause, if
applicable;
``(VII) each major contract related to such
system; and
``(VIII) if there is any cost or schedule
variance under a contract referred to in
subclause (VII) since the previous report under
this clause, the reasons for such cost or
schedule variance.''.
(b) Determination of Increase in Costs.--Subsection (q) of section
102A of the National Security Act of 1947 (50 U.S.C. 403-1) is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraph
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Any determination of a percentage increase in the acquisition
costs of a major system for which a report is filed under paragraph
(1)(C)(ii) shall be stated in terms of constant dollars from the first
fiscal year in which funds are appropriated for such system.''.
(c) Definitions.--Paragraph (5) of such subsection (q), as
redesignated by subsection (b)(1) of this section, is amended to read
as follows:
``(5) In this subsection:
``(A) The term `acquisition cost', with respect to a major
system, means the amount equal to the total cost for
development and procurement of, and system-specific
construction for, such system.
``(B) The term `full life-cycle cost', with respect to the
acquisition of a major system, means all costs of development,
procurement, construction, deployment, and operation and
support for such program, without regard to funding source or
management control, including costs of development and
procurement required to support or utilize such system.
``(C) The term `intelligence program', with respect to the
acquisition of a major system, means a program that--
``(i) is carried out to acquire such major system
for an element of the intelligence community; and
``(ii) is funded in whole out of amounts available
for the National Intelligence Program.
``(D) The term `major contract,' with respect to a major
system acquisition, means each of the 6 largest prime,
subordinate, or government-furnished equipment contracts under
the program that is in excess of $40,000,000 and that is not a
firm, fixed price contract.
``(E) The term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
``(F) The term `significant test and evaluation' means the
functional or environmental testing of a major system or of the
subsystems that combine to create a major system.''.
SEC. 312. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by 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.--The Director
of National Intelligence shall conduct an initial vulnerability
assessment for any major system and its significant items of supply
that is proposed for inclusion in the National Intelligence Program
prior to completion of Milestone B or an equivalent acquisition
decision. The initial vulnerability assessment of a major system and
its significant items of supply shall, at a minimum, use an analysis-
based approach to--
``(1) identify vulnerabilities;
``(2) define exploitation potential;
``(3) examine the system's potential effectiveness;
``(4) determine overall vulnerability; and
``(5) make recommendations for risk reduction.
``(b) Subsequent Vulnerability Assessments.--(1) The Director of
National Intelligence shall conduct subsequent vulnerability
assessments of each major system and its significant items of supply
within the National Intelligence Program--
``(A) periodically throughout the life span of the major
system;
``(B) whenever the Director determines that a change in
circumstances warrants the issuance of a subsequent
vulnerability assessment; or
``(C) upon the request of a congressional intelligence
committee.
``(2) Any subsequent vulnerability assessment of a major system and
its significant items of supply shall, at a minimum, use an analysis-
based approach and, if applicable, a testing-based approach, to monitor
the exploitation potential of such system and reexamine the factors
described in paragraphs (1) through (5) of subsection (a).
``(c) Major System Management.--The Director of National
Intelligence shall give due consideration to the vulnerability
assessments prepared for a given major system when developing and
determining the annual consolidated National Intelligence Program
budget.
``(d) Congressional Oversight.--(1) The Director of National
Intelligence shall provide to the congressional intelligence committees
a copy of each vulnerability assessment conducted under subsection (a)
not later than 10 days after the date of the completion of such
assessment.
``(2) The Director of National Intelligence shall provide the
congressional intelligence committees with a proposed schedule for
subsequent vulnerability assessments of a major system under subsection
(b) when providing such committees with the initial vulnerability
assessment under subsection (a) of such system as required by
subsection (d).
``(3) The results of vulnerability assessments conducted under
subsection (b) shall be included in the report to Congress required by
section 102A(q).
``(e) Definitions.--In this section:
``(1) The term `items of supply'--
``(A) means any individual part, component,
subassembly, assembly, or subsystem integral to a major
system, and other property which may be replaced during
the service life of the major system, including spare
parts and replenishment parts; and
``(B) does not include packaging or labeling
associated with shipment or identification of items.
``(2) The term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
``(3) The term `Milestone B' means a decision to enter into
system development, integration, and demonstration pursuant to
guidance prescribed by the Director of National Intelligence.
``(4) The term `vulnerability assessment' means the process
of identifying and quantifying vulnerabilities in a major
system and its significant items of supply.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947, as amended by section 305 of this
Act, is further amended by inserting after the item relating to section
506B, as added by section 305(b), the following:
``Sec. 506C. Vulnerability assessments of major systems.''.
SEC. 313. INTELLIGENCE COMMUNITY BUSINESS SYSTEM MODERNIZATION.
(a) Intelligence Community Business System Modernization.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 305 and
312 of this Act, is further amended by inserting after section
506C, as added by section 312(a), the following new section:
``intelligence community business systems modernization
``Sec. 506D. (a) Limitation on Obligation of Funds.--(1) After
April 1, 2009, no funds appropriated to any element of the intelligence
community may be obligated for an intelligence community financial
management or human resources business system modernization described
in paragraph (2), and after April 1, 2010, no funds appropriated to any
element of the intelligence community may be obligated for any business
system modernization described in paragraph (2) unless--
``(A) the approval authority designated by the Director of
National Intelligence under subsection (c)(2) makes the
certification described in paragraph (3) with respect to the
intelligence community business system modernization; and
``(B) the certification is approved by the appropriate
authorities within the intelligence community Strategic
Enterprise Management governance structure identified in
subsection (f).
``(2) An intelligence community business system modernization
described in this paragraph is an intelligence community business
system modernization that--
``(A) will have a total cost in excess of $1,000,000; and
``(B) will receive more than 50 percent of the funds for
such cost from amounts appropriated for the National
Intelligence Program.
``(3) The certification described in this paragraph for an
intelligence community business system modernization is a
certification, made by the approval authority designated by the
Director under subsection (c)(2) that the intelligence community
business system modernization--
``(A) complies with the enterprise architecture under
subsection (b); or
``(B) is necessary--
``(i) to achieve a critical national security
capability or address a critical requirement in an area
such as safety or security; or
``(ii) to prevent a significant adverse effect on a
project that is needed to achieve an essential
capability, taking into consideration the alternative
solutions for preventing such adverse effect.
``(4) The obligation of funds for an intelligence community
business system modernization that does not comply with the
requirements of this subsection shall be treated as a violation of
section 1341(a)(1)(A) of title 31, United States Code.
``(b) Enterprise Architecture for Intelligence Community Business
Systems.--(1) The Director of National Intelligence shall, acting
through the appropriate authorities within the intelligence community
Strategic Enterprise Management governance structure identified in
subsection (f), develop and implement an enterprise architecture to
cover all intelligence community business systems, and the functions
and activities supported by such business systems. The enterprise
architecture shall be sufficiently defined to effectively guide,
constrain, and permit implementation of interoperable intelligence
community business system solutions, consistent with applicable
policies and procedures established by the Director of the Office of
Management and Budget.
``(2) The enterprise architecture under paragraph (1) shall include
the following:
``(A) An information infrastructure that, at a minimum,
will enable the intelligence community to--
``(i) comply with all Federal accounting, financial
management, and reporting requirements;
``(ii) routinely produce timely, accurate, and
reliable financial information for management purposes;
``(iii) integrate budget, accounting, and program
information and systems; and
``(iv) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
``(B) Policies, procedures, data standards, and system
interface requirements that apply uniformly throughout the
intelligence community.
``(c) Responsibilities for Intelligence Community Business System
Modernization.--(1) The Director of National Intelligence shall be
responsible for review, approval, and oversight of the planning,
design, acquisition, deployment, operation, and maintenance of an
intelligence community business system modernization if more than 50
percent of the cost of the intelligence community business system
modernization is funded by amounts appropriated for the National
Intelligence Program.
``(2) The Director shall designate 1 or more appropriate officials
of the intelligence community to be responsible for making
certifications with respect to intelligence community business system
modernizations under subsection (a)(3).
``(d) Intelligence Community Business System Investment Review.--
(1) The approval authority designated under subsection (c)(2) shall
establish and implement, not later than March 31, 2009, an investment
review process for the review of the planning, design, acquisition,
development, deployment, operation, maintenance, modernization, project
cost, benefits, and risks of the intelligence community business
systems for which the approval authority is responsible.
``(2) The investment review process under paragraph (1) shall--
``(A) meet the requirements of section 11312 of title 40,
United States Code; and
``(B) specifically set forth the responsibilities of the
approval authority under such review process.
``(3) The investment review process under paragraph (1) shall
include the following elements:
``(A) Review and approval by an investment review board
(consisting of appropriate representatives of the intelligence
community) of each intelligence community business system as an
investment before the obligation of funds for such system.
``(B) Periodic review, but not less often than annually, of
every intelligence community business system investment.
``(C) Thresholds for levels of review to ensure appropriate
review of intelligence community business system investments
depending on the scope, complexity, and cost of the system
involved.
``(D) Procedures for making certifications in accordance
with the requirements of subsection (a)(3).
``(E) Mechanisms to ensure the consistency of the
investment review process with applicable guidance issued by
the Director of National Intelligence and the appropriate
authorities within the intelligence community Strategic
Enterprise Management governance structure identified in
subsection (f).
``(F) Common decision criteria, including standards,
requirements, and priorities, for purposes of ensuring the
integration of intelligence community business systems.
``(e) Budget Information.--For each fiscal year after fiscal year
2009, the Director of National Intelligence shall include in the
materials the Director submits to Congress in support of the budget for
such fiscal year that is submitted to Congress under section 1105 of
title 31, United States Code, the following information:
``(1) An identification of each intelligence community
business system for which funding is proposed in such budget.
``(2) An identification of all funds, by appropriation,
proposed in such budget for each such system, including--
``(A) funds for current services to operate and
maintain such system; and
``(B) funds for business systems modernization
identified for each specific appropriation.
``(3) For each such system, identification of approval
authority designated for such system under subsection (c)(2).
``(4) The certification, if any, made under subsection
(a)(3) with respect to each such system.
``(f) Intelligence Community Strategic Enterprise Management
Governance Board.--
``(1) The Director of National Intelligence shall establish
a board within the intelligence community Strategic Enterprise
Management 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) be responsible for coordinating initiatives for
intelligence community business system modernization to
maximize benefits and minimize costs for the intelligence
community, and periodically report to the Director on the
status of efforts to carry out an intelligence community
business system modernization;
``(E) ensure that funds are obligated for intelligence
community business system modernization in a manner consistent
with subsection (a); and
``(F) carry out such other duties as the Director shall
specify.
``(g) Relation to Annual Registration Requirements.--Nothing in
this section shall be construed to alter the requirements of section
8083 of the Department of Defense Appropriations Act, 2005 (Public Law
108-287; 118 Stat. 989), with regard to information technology systems
(as defined in subsection (d) of such section).
``(h) Relation to Defense Business Systems Architecture,
Accountability, and Modernization Requirements.--An intelligence
community business system that receives more than 50 percent of its
funds from amounts available for the National Intelligence Program
shall be exempt from the requirements of section 2222 of title 10,
United States Code.
``(i) Relation to Clinger-Cohen Act.--(1) The Director of National
Intelligence and the Chief Information Officer of the Intelligence
Community shall fulfill the executive agency responsibilities in
chapter 113 of title 40, United States Code, for any intelligence
community business system that receives more than 50 percent of its
funding from amounts appropriated for the National Intelligence
Program.
``(2) Any intelligence community business system covered by
paragraph (1) shall be exempt from the requirements of such chapter 113
that would otherwise apply to the executive agency that contains the
element of the intelligence community involved.
``(j) Reports.--Not later than March 15 of each of the years 2010
through 2014, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the compliance of the
intelligence community with the requirements of this section. Each such
report shall--
``(1) describe actions taken and proposed for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance
against specified performance measures, and any
revision of such milestones and performance measures;
and
``(B) specific actions on the intelligence
community business system modernizations submitted for
certification under such subsection;
``(2) identify the number of intelligence community
business system modernizations that received a certification
described in subsection (a)(3)(B); and
``(3) describe specific improvements in business operations
and cost savings resulting from successful intelligence
community business systems modernization efforts.
``(k) Definitions.--In this section:
``(1) The term `enterprise architecture' has the meaning
given that term in section 3601(4) of title 44, United States
Code.
``(2) The terms `information system' and `information
technology' have the meanings given those terms in section
11101 of title 40, United States Code.
``(3) The term `intelligence community business system'
means an information system, other than a national security
system, that is operated by, for, or on behalf of the
intelligence community, including financial systems, mixed
systems, financial data feeder systems, and the business
infrastructure capabilities shared by the systems of the
business enterprise architecture that build upon the core
infrastructure used to support business activities, such as
acquisition, financial management, logistics, strategic
planning and budgeting, installations and environment, and
human resource management.
``(4) The term `intelligence community business system
modernization' means--
``(A) the acquisition or development of a new
intelligence community business system; or
``(B) any significant modification or enhancement
of an existing intelligence community business system
(other than necessary to maintain current services).
``(5) The term `national security system' has the meaning
given that term in section 3542 of title 44, United States
Code.''.
(2) Clerical amendment.--The table of contents in the first
section of that Act, as amended by sections 305 and 312 of this
Act, is further amended by inserting after the item relating to
section 506C, as added by section 312(b), the following new
item:
``Sec. 506D. Intelligence community business systems modernization.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(A) complete the delegation of responsibility for
the review, approval, and oversight of the planning,
design, acquisition, deployment, operation,
maintenance, and modernization of intelligence
community business systems required by subsection (c)
of section 506D of the National Security Act of 1947
(as added by subsection (a)); and
(B) designate a vice chairman and personnel to
serve on the appropriate Intelligence Community
Strategic Enterprise Management Governance Board
established under subsection (f) of such section 506D
(as so added).
(2) Enterprise architecture.--
(A) Schedule for development.--The Director shall
develop the enterprise architecture required by
subsection (b) of such section 506D (as so added) by
not later than--
(i) March 1, 2009 for all intelligence
community financial management and human
resource systems; and
(ii) March 1, 2010 for all remaining
intelligence community business systems.
(B) Requirement for implementation plan.--In
developing such 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 December 31, 2007, 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 December 31, 2007, 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.--The
Director shall submit the acquisition strategy
described in subparagraph (B)(i) to the congressional
intelligence committees not later than--
(i) March 1, 2009 for all intelligence
community financial management and human
resource systems; and
(ii) March 1, 2010 for all remaining
intelligence community business systems.
SEC. 314. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.
(a) Notification.--Title V of the National Security Act of 1947, as
amended by sections 305, 312, and 313 of this Act, is further amended
by inserting after section 506D, as added by section 313(a), the
following new section:
``excessive cost growth of major systems
``Sec. 506E. (a) Cost Increases of at Least 25 Percent.--(1)(A) On
a continuing basis, and separate from the submission of any report on a
major system required by section 506E of this Act, the program manager
shall determine if the acquisition cost of such major system has
increased by at least 25 percent as compared to the baseline cost of
such major system.
``(B) Not later than 10 days after the date that a program manager
determines that an increase described in subparagraph (A) has occurred,
the program manager shall submit to the Director of National
Intelligence notification of such increase.
``(2)(A) If, after receiving a notification described in paragraph
(1)(B), the Director of National Intelligence determines that the
acquisition cost of a major system has increased by at least 25
percent, the Director shall submit to the congressional intelligence
committees a written notification of such determination as described in
subparagraph (B), a description of the amount of the increase in the
acquisition cost of such major system, and a certification as described
in subparagraph (C).
``(B) The notification required by subparagraph (A) shall include--
``(i) an updated cost estimate;
``(ii) the date on which the determination covered by such
notification was made;
``(iii) contract performance assessment information with
respect to each significant contract or sub-contract related to
such major system, including the name of the contractor, the
phase of the contract at the time of the report, the percentage
of work under the contract that has been completed, any change
in contract cost, the percentage by which the contract is
currently ahead or behind schedule, and a summary explanation
of significant occurrences, such as cost and schedule
variances, and the effect of such occurrences on future costs
and schedules;
``(iv) the prior estimate of the full life-cycle cost for
such major system, expressed in constant dollars and in current
year dollars;
``(v) the current estimated full life-cycle cost of such
major system, expressed in constant dollars and current year
dollars;
``(vi) a statement of the reasons for any increases in the
full life-cycle cost of such major system;
``(vii) the current change and the total change, in dollars
and expressed as a percentage, in the full life-cycle cost
applicable to such major system, stated both in constant
dollars and current year dollars;
``(viii) the completion status of such major system
expressed as the percentage--
``(I) of the total number of years for which funds
have been appropriated for such major system compared
to the number of years for which it is planned that
such funds will be appropriated; and
``(II) of the amount of funds that have been
appropriated for such major system compared to the
total amount of such funds which it is planned will be
appropriated;
``(ix) the action taken and proposed to be taken to control
future cost growth of such major system; and
``(x) any changes made in the performance or schedule of
such major system and the extent to which such changes have
contributed to the increase in full life-cycle costs of such
major system.
``(C) The certification described in this subparagraph is a written
certification made by the Director and submitted to the congressional
intelligence committees that--
``(i) the acquisition of such major system is essential to
the national security;
``(ii) there are no alternatives to such major system that
will provide equal or greater intelligence capability at equal
or lesser cost to completion;
``(iii) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(iv) the management structure for the acquisition of such
major system is adequate to manage and control full life-cycle
cost of such major system.
``(b) Cost Increases of at Least 50 Percent.--(1)(A) On a
continuing basis, and separate from the submission of any report on a
major system required by section 506E of this Act, the program manager
shall determine if the acquisition cost of such major system has
increased by at least 50 percent as compared to the baseline cost of
such major system.
``(B) Not later than 10 days after the date that a program manager
determines that an increase described in subparagraph (A) has occurred,
the program manager shall submit to the Director of National
Intelligence notification of such increase.
``(2) If, after receiving a notification described in paragraph
(1)(B), the Director of National Intelligence determines that the
acquisition cost of a major system has increased by at least 50 percent
as compared to the baseline cost of such major system, the Director
shall submit to the congressional intelligence committees a written
certification stating that--
``(A) the acquisition of such major system is essential to
the national security;
``(B) there are no alternatives to such major system that
will provide equal or greater intelligence capability at equal
or lesser cost to completion;
``(C) the new estimates of the full life-cycle cost for
such major system are reasonable;
``(D) the management structure for the acquisition of such
major system is adequate to manage and control the full life-
cycle cost of such major system; and
``(E) if milestone decision authority had been delegated to
the program manager, such authority is revoked and returned to
the Director, except with respect to Department of Defense
programs, such authority is revoked and returned to the
Director and the Secretary of Defense, jointly.
``(3) In addition to the certification required by paragraph (2),
the Director of National Intelligence shall submit to the congressional
intelligence committees an updated notification, with current
accompanying information, as required by subsection (a)(2).
``(c) Prohibition on Obligation of Funds.--(1) If a written
certification required under subsection (a)(2)(A) is not submitted to
the congressional intelligence committees within 60 days of the
determination made under subsection (a)(1), funds appropriated for the
acquisition of a major system may not be obligated for a major contract
under the program. Such prohibition on the obligation of funds shall
cease to apply at the end of the 30-day period of a continuous session
of Congress that begins on the date on which Congress receives the
notification required under subsection (a)(2)(A).
``(2) If a written certification required under subsection (b)(2)
is not submitted to the congressional intelligence committees within 60
days of the determination made under subsection (b)(2), funds
appropriated for the acquisition of a major system may not be obligated
for a major contract under the program. Such prohibition on the
obligation of funds for the acquisition of a major system shall cease
to apply at the end of the 30-day period of a continuous session of
Congress that begins on the date on which Congress receives the
notification required under subsection (b)(3).
``(d) Definitions.--In this section:
``(1) The term `acquisition cost', with respect to a major
system, means the amount equal to the total cost for
development and procurement of, and system-specific
construction for, such system.
``(2) The term `baseline cost', with respect to a major
system, means the projected acquisition cost of such system
that is approved by the Director of National Intelligence at
Milestone B or an equivalent acquisition decision for the
development, procurement, and construction of such system. The
baseline cost may be in the form of an independent cost
estimate.
``(3) The term `full life-cycle cost', with respect to the
acquisition of a major system, means all costs of development,
procurement, construction, deployment, and operation and
support for such program, without regard to funding source or
management control, including costs of development and
procurement required to support or utilize such system.
``(4) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(5) The term `major system' has the meaning given that in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
``(6) The term `Milestone B' means a decision to enter into
system development, integration, and demonstration pursuant to
guidance prescribed by the Director of National Intelligence.
``(7) The term `program manager', with respect to a major
system, means--
``(A) the head of the element of the intelligence
community which is responsible for the budget, cost,
schedule, and performance of the major system; or
``(B) in the case of a major system within the
Office of the Director of National Intelligence, the
deputy who is responsible for the budget, cost,
schedule, and performance of the major system.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act, as amended by sections 305, 312, and 313 of this Act, is
further amended by inserting after the items relating to section 506D,
as added by section 313(b), the following new item:
``Sec. 506E. Excessive cost growth of major systems.''.
SEC. 315. PROHIBITION ON CONFLICTS OF INTEREST IN INTELLIGENCE
COMMUNITY CONTRACTING.
(a) In General.--Title V of the National Security Act of 1947, as
amended by sections 305, 312, 313, and 314 of this Act, is further
amended by inserting after section 506E, as added by section 314(a),
the following new section:
``prohibition on conflicts of interest in intelligence community
contracting
``Sec. 506F. (a) Prohibition on Conflicts of Interest.--Beginning
in fiscal year 2010, a contract for the provision of advisory and
assistance services related to any major system acquisition with an
element of the intelligence community shall not be awarded to an entity
whose business activities include the provision of products or services
related to the same major system acquisition to any element of the
intelligence community.
``(b) Definitions.--In this section:
``(1) The term `contract for the provision of advisory and
assistance services' means a contract for activities that could
otherwise be considered inherently governmental but are
provided by nongovernmental sources to support or improve
organizational policy development, decisionmaking, management
and administration, and program or project management and
administration.
``(2) The term `entity' includes any company, corporation,
sole proprietorship, person, or any other business arrangement,
including a parent, affiliate, or subsidiary thereto.
``(3) The term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act, as amended by sections 305, 312, 313, and 314 of this Act,
is further amended by inserting after the items relating to section
506E, as added by section 314(b), the following new item:
``Sec. 506F. Prohibition on conflicts of interest in intelligence
community contracting.''.
SEC. 316. FUTURE BUDGET PROJECTIONS.
(a) In General.--Title V of the National Security Act of 1947, as
amended by sections 305, 312, 313, 314, and 315 of this Act, is further
amended by inserting after section 506F, as added by section 315(a),
the following new section:
``future budget projections
``Sec. 506G. (a) Future Year Intelligence Plans.--(1) The Director
of National Intelligence, with the concurrence of the Office of
Management and Budget, shall provide to the congressional intelligence
committees a Future Year Intelligence Plan, as described in paragraph
(2), for--
``(A) each expenditure center in the National Intelligence
Program; and
``(B) each major system in the National Intelligence
Program.
``(2)(A) A Future Year Intelligence Plan submitted under this
subsection shall include the year-by-year proposed funding for each
center or system referred to in subparagraph (A) or (B) of paragraph
(1), for the budget year in which the Plan is submitted and not less
than the 4 subsequent budget years.
``(B) A Future Year Intelligence Plan submitted under subparagraph
(B) of paragraph (1) for a major system shall include--
``(i) the estimated total life-cycle cost of such major
system; and
``(ii) any major acquisition or programmatic milestones for
such major system.
``(b) Long-Term Budget Projections.--(1) The Director of National
Intelligence, with the concurrence of the Director of the Office of
Management and Budget, shall provide to the congressional intelligence
committees a Long-term Budget Projection for each element of the
National Intelligence Program acquiring a major system that includes
the budget for such element for the 10-year period following the last
budget year for which proposed funding was submitted under subsection
(a)(2)(A).
``(2) A Long-term Budget Projection submitted under paragraph (1)
shall include, at a minimum, projections for the appropriate element of
the intelligence community for--
``(A) pay and benefits of officers and employees of such
element;
``(B) other operating and support costs and minor
acquisitions of such element;
``(C) research and technology required by such element;
``(D) current and planned major system acquisitions for
such element; and
``(E) any unplanned but necessary next-generation major
system acquisitions for such element.
``(c) Submission to Congress.--Each Future Year Intelligence Plan
or Long-term Budget Projection required under subsection (a) or (b)
shall be submitted to Congress along with the budget for a fiscal year
submitted to Congress by the President pursuant to section 1105(a) of
title 31, United States Code.
``(d) Content of Long-Term Budget Projections.--(1) Each Long-term
Budget Projection submitted under subsection (b) shall include--
``(A) a budget projection based on constrained budgets,
effective cost and schedule execution of current or planned
major system acquisitions, and modest or no cost-growth for
undefined, next-generation systems; and
``(B) a budget projection based on constrained budgets,
modest cost increases in executing current and planned
programs, and more costly next-generation systems.
``(2) Each budget projection required by paragraph (1) shall
include a description of whether, and to what extent, the total
projection for each year exceeds the level that would result from
applying the most recent Office of Management and Budget inflation
estimate to the budget of that element of the intelligence community.
``(e) Increase in Future Budget Projections.--(1) Not later than 30
days prior to the date that an element of the intelligence community
may proceed to Milestone A, Milestone B, or an analogous stage of
system development, in the acquisition of a major system in the
National Intelligence Program, the Director of National Intelligence,
with the concurrence of the Director of the Office of Management and
Budget, shall provide a report on such major system to the
congressional intelligence committees.
``(2)(A) A report submitted under paragraph (1) shall include an
assessment of whether, and to what extent, such acquisition, if
developed, procured, and operated, is projected to cause an increase in
the most recent Future Year Intelligence Plan and Long-term Budget
Projection for that element of the intelligence community.
``(B) If an increase is projected under subparagraph (A), the
report required by this subsection shall include a specific finding,
and the reasons therefor, by the Director of National Intelligence and
the Director of the Office of Management and Budget that such increase
is necessary for national security.
``(f) Definitions.--In this section:
``(1) The term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
``(2) The term `Milestone A' means a decision to enter into
concept refinement and technology maturity demonstration
pursuant to guidance issued by the Director of National
Intelligence.
``(3) The term `Milestone B' means a decision to enter into
system development, integration, and demonstration pursuant to
guidance prescribed by the Director of National
Intelligence.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act, as amended by sections 305, 312, 313, 314, and 315 of this
Act, is further amended by inserting after the items relating to
section 506F, as added by section 315(b), the following new item:
``Sec. 506G. Future budget projections.''.
(c) Definition of Major System.--Paragraph (3) of section 506A(e)
of the National Security Act of 1947 (50 U.S.C. 415a-1(e)) is amended
to read as follows:
``(3) The term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).''.
Subtitle C--Interrogation and Detention Related Matters
SEC. 321. LIMITATION ON INTERROGATION TECHNIQUES.
(a) Limitation.--No individual in the custody or under the
effective control of personnel of an element of the intelligence
community or instrumentality of an element of the intelligence
community, regardless of nationality or physical location of such
individual or personnel, shall be subject to any treatment or technique
of interrogation not authorized by the United States Army Field Manual
on Human Intelligence Collector Operations.
(b) Instrumentality Defined.--In this section, the term
``instrumentality'', with respect to an element of the intelligence
community, means a contractor or subcontractor at any tier of the
element of the intelligence community.
SEC. 322. PROHIBITION ON INTERROGATIONS BY CONTRACTORS.
The Director of the Central Intelligence Agency may not permit a
contractor or subcontractor to the Central Intelligence Agency to carry
out an interrogation of an individual. Any interrogation carried out on
behalf of the Central Intelligence Agency shall be conducted by an
employee of such Agency.
SEC. 323. NOTIFICATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS.
(a) Requirement.--No funds authorized to be appropriated by this
Act may be used to detain any individual who is in the custody or under
the effective control of an element of the intelligence community (as
that term is defined in section 3 of the National Security Act of 1947
(50 U.S.C. 401a)) or an instrumentality of such element if the
International Committee of the Red Cross is not provided notification
of the detention of such individual and access to such individual in a
manner consistent with the practices of the Armed Forces.
(b) Construction.--Nothing in this section shall be construed--
(1) to create or otherwise imply the authority to detain;
or
(2) to limit or otherwise affect any other rights or
obligations which may arise under the Geneva Conventions or
other laws, or to state all of the situations under which
notification to and access for the International Committee of
the Red Cross is required or allowed.
(c) Instrumentality Defined.--In this section, the term
``instrumentality'', with respect to an element of the intelligence
community, means a contractor or subcontractor at any tier of the
element of the intelligence community.
SEC. 324. REPORT ON COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 2005
AND RELATED PROVISIONS OF THE MILITARY COMMISSIONS ACT OF
2006.
(a) Report Required.--Not later than 45 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a comprehensive
report on all measures taken by the Office of the Director of National
Intelligence and by each element, if any, of the intelligence community
with relevant responsibilities to comply with the provisions of the
Detainee Treatment Act of 2005 (title X of division A of Public Law
109-148; 119 Stat. 2739) and related provisions of the Military
Commissions Act of 2006 (Public Law 109-366; 120 Stat. 2600).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
section 1003 of the Detainee Treatment Act of 2005 (42 U.S.C.
2000dd) and section 6 of the Military Commissions Act of 2006
(120 Stat. 2632) (including the amendments made by such
section) and, with respect to each such method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such
determination.
(2) A description of the detention or interrogation
methods, if any, whose use has been discontinued pursuant to
the Detainee Treatment Act of 2005 or the Military Commission
Act of 2006, and, with respect to each such method--
(A) an identification of the official making the
determination to discontinue such method; and
(B) a statement of the basis for such
determination.
(3) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(42 U.S.C. 2000dd-1), and, with respect to each such action--
(A) an identification of the official taking such
action; and
(B) a statement of the basis for such action.
(4) Any other matters that the Director of National
Intelligence considers necessary to fully and currently inform
the congressional intelligence committees about the
implementation of the Detainee Treatment Act of 2005 and
related provisions of the Military Commissions Act of 2006.
(5) An appendix containing--
(A) all guidelines for the application of the
Detainee Treatment Act of 2005 and related provisions
of the Military Commissions Act of 2006 to the
detention or interrogation activities, if any, of any
element of the intelligence community; and
(B) any legal justifications of any office of the
Department of Justice related to the interpretation or
application of the Detainee Treatment Act of 2005 or
related provisions of the Military Commissions Act of
2006, with respect to the detention or interrogation
activities, of any element of the intelligence
community.
(c) Form.--The report required by subsection (a) shall be submitted
in classified form.
(d) Submission to the Congressional Armed Services Committees.--To
the extent that the report required by subsection (a) addresses an
element of the intelligence community within the Department of Defense,
that portion of the report, and any associated material that is
necessary to make that portion understandable, shall also be submitted
by the Director of National Intelligence to the congressional armed
services committees.
(e) Congressional Armed Services Committee Defined.--In this
section, the term ``congressional armed services committees'' means--
(1) the Committee on Armed Services of the Senate; and
(2) the Committee on Armed Services of the House of
Representatives.
Subtitle D--Reporting Requirements
SEC. 331. REPORT ON USE OF CONTRACTORS BY ELEMENTS OF THE INTELLIGENCE
COMMUNITY.
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 that describes--
(1) any activity that is being conducted by 1 or more
contractors on behalf of an element of the intelligence
community that the Director believes should only be conducted
by employees of an agency or department of the United States;
(2) an estimate of the number of contractors conducting
each such activity; and
(3) the plan of the Director, if any, to have each such
activity be conducted by employees of an agency or department
of the United States.
SEC. 332. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING
INTELLIGENCE ACTIVITIES OF THE UNITED STATES.
(a) Notice on Information Not Disclosed.--
(1) In general.--Section 502 of the National Security Act
of 1947 (50 U.S.C. 413a) is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively;
(B) by inserting after subsection (a) the
following:
``(b) Notice on Information Not Disclosed.--(1) If the Director of
National Intelligence or the head of a department, agency, or other
entity of the United States Government does not provide information
required by subsection (a) in full or to all the members of the
congressional intelligence committees and requests that such
information not be so provided, the Director shall, in a timely
fashion, provide written notification to all the members of such
committees of the determination not to provide such information in full
or to all members of such committees. Such notice shall include a
statement of the reasons for such determination and description that
provides the main features of the intelligence activities covered by
such determination.
``(2) Nothing in this subsection shall be construed as authorizing
less than full and current disclosure to all the members of the
congressional intelligence committees of any information necessary to
keep all such members fully and currently informed on all intelligence
activities described in subsection (a).''; and
(C) by inserting after subsection (d), as
redesignated by subparagraph (A) of this section, the
following:
``(e) Congressional Intelligence Committees Defined.--In this
section the term `congressional intelligence committees' means the
Select Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives.''.
(2) Conforming amendment.--Subsection (d) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
(b) Reports and Notice on Covert Actions.--
(1) Form and content of certain reports.--Subsection (b) of
section 503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following:
``(2) Any information relating to a covert action that is
submitted to the congressional intelligence committees for the
purposes of paragraph (1) shall be in writing and shall contain
the following:
``(A) A concise statement of any facts pertinent to
such covert action.
``(B) An explanation of the significance of such
covert action.''.
(2) Notice on information not disclosed.--Subsection (c) of
such section is amended by adding at the end the following:
``(5)(A) If the Director of National Intelligence or the head of a
department, agency, or other entity of the United States Government
does not provide information required by subsection (b) in full or to
all the members of the congressional intelligence committees, and
requests that such information not be so provided, the Director shall,
in a timely fashion, notify such committees of the determination not to
provide such information in full or to all members of such committees.
``(B) A notice required by subparagraph (A) shall be submitted in
writing in a classified form and include--
``(i) a statement of the reasons that such information will
not be provided in full or to all the members of the
congressional intelligence committees; and
``(ii) a description of the main features of the covert
action described in subsection (b) for which such information
will not be provided.
``(C) Each member of the congressional intelligence committees
shall have unrestricted access to each notice required by subparagraph
(A).''.
(3) Modification of nature of change of covert action
triggering notice requirements.--Subsection (d) of such section
is amended by striking ``significant'' the first place that
term appears.
(4) Congressional intelligence committees defined.--Such
section is further amended by adding at the end the following:
``(g) In this section, the term `congressional intelligence
committees' means the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House of
Representatives.''.
SEC. 333. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE TRANSFORMATION.
(a) Finding.--Congress finds that the members of the National
Commission on Terrorist Attacks Upon the United States gave the Federal
Bureau of Investigation a ``C'' in their final report on intelligence
reform. Specifically, the members stated that ``progress is being made-
but it is too slow. The FBI's shift to a counterterrorism posture is
far from institutionalized, and significant deficiencies remain.
Reforms are at risk from inertia and complacency; they must be
accelerated, or they will fail. Unless there is improvement in a
reasonable period of time, Congress will have to look at
alternatives.''.
(b) Federal Bureau of Investigation Intelligence Transformation.--
The Director of National Intelligence, in coordination with the
Director of the Federal Bureau of Investigation, shall establish
performance metrics and specific timetables related to the progress of
the Federal Bureau of Investigation in carrying out the following:
(1) Improving cooperation between the Federal Bureau of
Intelligence and the Office of the Director of National
Intelligence.
(2) Improving the Federal Bureau of Investigation National
Intelligence Program budget structure.
(3) Improving intelligence enabling information technology.
(4) Advancing the analytic culture of the Federal Bureau of
Investigation.
(5) Improving the intelligence training curriculum.
(6) Regionalization of the Federal Bureau of Investigation
intelligence program.
(7) Improving the Federal Bureau of Investigation's Weapons
of Mass Destruction Directorate.
(8) Improving the national security workforce management at
the Federal Bureau of Investigation.
(9) Improving the headquarters staffing of National
Security Programs of the Federal Bureau of Investigation.
(c) Report.--On a semiannual basis during the 5-year period
beginning on the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional intelligence
committees a consolidated report on the progress of the Federal Bureau
of Investigation in carrying out items in paragraphs (1) through (9) of
subsection (b), including an assessment of the metrics, timetables, and
corrective actions referred to in such subsection and a description of
the activities being carried out to ensure the Federal Bureau of
Investigation is improving its performance.
SEC. 334. INCORPORATION OF REPORTING REQUIREMENTS.
Each requirement to submit a report to the congressional
intelligence committees that is included in the classified annex to
this Act is hereby incorporated into this Act and is hereby made a
requirement in law.
SEC. 335. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Report on Intelligence.--
(1) Repeal.--Section 109 of the National Security Act of
1947 (50 U.S.C. 404d) is repealed.
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
striking the item relating to section 109.
(b) Annual and Special Reports on Intelligence Sharing With the
United Nations.--Section 112 of the National Security Act of 1947 (50
U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual 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).
(d) 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.
(e) Annual Report on Counterdrug Intelligence Matters.--Section 826
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed.
(f) Biennial Report on the Safety and Security of Russian Nuclear
Facilities and Nuclear Military Forces.--
(1) In general.--Section 114 of the National Security Act
of 1947 (40 U.S.C. 404i) is amended--
(A) in the heading, by striking ``annual''; and
(B) in subsection (a)--
(i) in the heading, by striking ``Annual''
and inserting ``Biennial'';
(ii) by striking ``an annual'' and
inserting ``a biennial''; and
(iii) by striking ``each'' and inserting
``every other''.
(2) Clerical amendment.--The table of contents in the first
section of that Act is amended by striking the item relating to
section 114 and inserting the following:
``Sec. 114. Additional reports for the Director of National
Intelligence.''.
(g) Annual Review of Dissemination Lists.--Section 1102 of the
National Security Act of 1947 (50 U.S.C. 442a) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(h) Biennial Report on Espionage by the People's Republic of
China.--
(1) In general.--Section 3151 of the National Defense
Authorization Act for Fiscal Year 2000 (42 U.S.C. 7383e) is
amended--
(A) in the heading, by striking ``annual'' and
inserting ``biennial''; and
(B) in subsection (a)--
(i) in the heading, by striking ``Annual''
and inserting ``Biennial''; and
(ii) by striking ``an annual'' and
inserting ``a biennial''
(2) Clerical amendment.--The table of contents in
subsection (b) of section 2 of that Act (Public Law 106-65; 113
Stat. 512) is amended by striking the item relating to section
3151 and inserting the following:
``Sec. 3151. Report by the President on espionage by the People's
Republic of China.''.
(i) Biennial Report on Dismantling of Strategic Nuclear Warheads.--
(1) In general.--Section 1033 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 22
U.S.C. 5959 note) is amended--
(A) in the heading by striking ``annual'' and
inserting ``biennial'';
(B) in subsection (a)--
(i) in the heading, by striking ``annual''
and inserting ``biennial'';
(ii) by striking ``each'' and inserting
``every other'';
(iii) by striking ``prior fiscal year'' and
inserting ``prior 2 fiscal years''; and
(iv) by striking ``the fiscal year covered
by the budget'' and inserting ``the following 2
fiscal years'';
(C) in subsection (b), by striking ``The annual
report'' and inserting ``Each report submitted'';
(D) in subsection (c), by striking ``an annual''
and inserting ``a''; and
(E) in subsection (e), by striking ``annual''.
(2) Clerical amendment.--The table of contents in
subsection (b) of section 2 of that Act (Public Law 108-136;
117 Stat. 1392) is amended by striking the item relating to
section 1033 and inserting the following:
``Sec. 1033. Biennial report concerning dismantling of strategic
nuclear warheads.''.
(j) Conforming Amendments.--Section 507(a) of the National Security
Act of 1947 (50 U.S.C. 415b(a)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (A) and (B); and
(B) by redesignating subparagraphs (C) through (N)
as subparagraphs (A) through (L), respectively; and
(2) in paragraph (2), by striking subparagraph (D).
Subtitle E--Other Matters
SEC. 341. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 342. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER
THE NATIONAL SECURITY ACT OF 1947.
Subparagraph (L) of section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)) is amended by striking ``other'' the second
place it appears.
SEC. 343. 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. 344. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR
INTELLIGENCE AND INTELLIGENCE-RELATED ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is
amended--
(1) in subsection (a), by inserting ``the congressional
intelligence committees have been fully and currently informed
of such activity and if'' after ``only if'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following:
``(b) In any case in which notice to the congressional intelligence
committees of an intelligence or intelligence-related activity is
covered by section 502(b), or in which notice to the congressional
intelligence committees on a covert action is covered by section
503(c)(5), the congressional intelligence committees shall be treated
as being fully and currently informed on such activity or covert
action, as the case may be, for purposes of subsection (a) if the
requirements of such section 502(b) or 503(c)(5), as applicable, have
been met.''.
SEC. 345. LIMITATION ON REPROGRAMMINGS AND TRANSFERS OF FUNDS.
(a) In General.--Subsection (a)(3) of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) is amended--
(1) in subparagraph (B), as amended by section 343 by
striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(D) the making available of such funds for such
activity complies with the requirements in subsection
(d);''.
(b) Procedures.--Such section is further amended--
(1) by redesignating subsections (e) and (f), as
redesignated by section 344(2) as subsections (f) and (g),
respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Except as provided in paragraph (2), if following a notice
of intent to make funds available for a different activity under
subsection (a)(3)(C) one of the congressional intelligence committees
submits to the element of the intelligence community that will carry
out such activity a request for additional information on such
activity, such funds may not be made available for such activity under
subsection (a)(3) until such date, up to 90 days after the date of such
request, as specified by such congressional intelligence committee.
``(2) The President may waive the requirements of paragraph (1) and
make funds available for an element of the intelligence community to
carry out a different activity under subsection (a)(3) if the President
submits to the congressional intelligence committees a certification
providing that--
``(A) the use of such funds for such activity is necessary
to fulfill an urgent operational requirement, excluding a cost
overrun on the acquisition of a major system, of an element of
the intelligence community; and
``(B) such waiver is necessary so that an element of the
intelligence community may carry out such activity prior to the
date that funds would be made available under paragraph (1).''.
(c) Definitions.--Subsection (g) of such section, as redesignated
by subsection (b)(1) of this section, is amended--
(1) by redesignating paragraph (3) as paragraph (5);
(2) by redesignating paragraphs (1) and (2) as paragraphs
(3) and (1), respectively;
(3) by striking ``and'' at the end of paragraph (1), as
redesignated by paragraph (2) of this subsection;
(4) by inserting after paragraph (1), as so redesignated,
the following:
``(2) the term `congressional intelligence committees'
means the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives;''; and
(5) by inserting after paragraph (3), as redesignated by
paragraph (2) of this subsection, the following:
``(4) the term `major system' has the meaning given that
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403); and''.
SEC. 346. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
Subsection (b) of section 601 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (50 U.S.C. 415c) is amended by
striking ``2009'' and inserting ``2010''.
SEC. 347. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER
INTELLIGENCE OFFICERS AND AGENTS.
(a) Disclosure of Agent After Access to Information Identifying
Agent.--Subsection (a) of section 601 of the National Security Act of
1947 (50 U.S.C. 421) is amended by striking ``ten years'' and inserting
``15 years''.
(b) Disclosure of Agent After Access to Classified Information.--
Subsection (b) of such section is amended by striking ``five years''
and inserting ``10 years''.
SEC. 348. 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. 349. LANGUAGE AND INTELLIGENCE ANALYST TRAINING PROGRAM.
(a) In General.--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) is amended to read as follows:
``SEC. 922. LANGUAGE AND INTELLIGENCE ANALYST TRAINING PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
National Intelligence.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(3) Program.--The term `program' means the grant program
to promote language and intelligence analysis training
authorized by subsection (b).
``(b) Authority.--The Director is authorized to carry out a grant
program to promote language and intelligence analysis, as described in
this section.
``(c) Purpose.--The purpose of the program shall be to increase the
number of individuals qualified for an entry-level language analyst or
intelligence analyst position within an element of the intelligence
community by providing--
``(1) grants to qualified institutions of higher education,
as described in subsection (d); and
``(2) grants to qualified individuals, as described in
subsection (e).
``(d) Grants to Institutions of Higher Education.--(1) The Director
is authorized to provide a grant through the program to an institution
of higher education to develop a course of study to prepare students of
such institution for an entry-level language analyst or intelligence
analyst position within an element of the intelligence community.
``(2) An institution of higher education seeking a grant under this
subsection shall submit an application describing the proposed use of
the grant at such time and in such manner as the Director may require.
``(3) The Director shall award a grant to an institution of higher
education under this subsection--
``(A) on the basis of the ability of such institution to
use the grant to prepare students for an entry-level language
analyst or intelligence analyst position within an element of
the intelligence community upon completion of study at such
institution; and
``(B) in a manner that provides for geographical diversity
among the institutions of higher education that receive such
grants.
``(4) An institution of higher education that receives a grant
under this subsection shall submit to the Director regular reports
regarding the use of such grant, including--
``(A) a description of the benefits to students who
participate in the course of study funded by such grant;
``(B) a description of the results and accomplishments
related to such course of study; and
``(C) any other information that the Director may require.
``(5) The Director is authorized to provide an institution of
higher education that receives a grant under this section with advice
and counsel related to the use of such grant.
``(e) Grants to Individuals.--(1) The Director is authorized to
provide a grant through the program to an individual to assist such
individual in pursuing a course of study--
``(A) identified by the Director as meeting a current or
emerging mission requirement of an element of the intelligence
community; and
``(B) that will prepare such individual for an entry-level
language analyst or intelligence analyst position within an
element of the intelligence community.
``(2) The Director is authorized to provide a grant
described in paragraph (1) to an individual for the following
purposes:
``(A) To provide a monthly stipend for each month
that the individual is pursuing a course of study
described in paragraph (1).
``(B) To pay the individual's full tuition to
permit the individual to complete such a course of
study.
``(C) To provide an allowance for books and
materials that the individual requires to complete such
course of study.
``(D) To pay the individual's expenses for travel
that is requested by an element of the intelligence
community related to the program.
``(3)(A) The Director shall select individuals to receive grants
under this subsection using such procedures as the Director determines
are appropriate.
``(B) An individual seeking a grant under this subsection shall
submit an application describing the proposed use of the grant at such
time and in such manner as the Director may require.
``(C) The total number of individuals receiving grants under this
subsection at any 1 time may not exceed 400.
``(D) The Director is authorized to screen and qualify each
individual selected to receive a grant under this subsection for the
appropriate security clearance without regard to the date that the
employment relationship between the individual and the element of the
intelligence community is formed.
``(4) An individual who receives a grant under this subsection
shall enter into an agreement to perform, upon such individual's
completion of a course of study described in paragraph (1), 1 year of
service within an element of the intelligence community, as approved by
the Director, for each academic year for which such individual received
grant funds under this subsection.
``(5) If an individual who receives a grant under this subsection--
``(A) fails to complete a course of study described in
paragraph (1) or the individual's participation in the program
is terminated prior to the completion of such course of study,
either by the Director for misconduct or voluntarily by the
individual, the individual shall reimburse the United States
for the amount of such grant (excluding the individual's
stipend, pay, and allowances); or
``(B) fails to complete the service requirement with an
element of the intelligence community described in paragraph
(4) after completion of such course of study or if the
individual's employment with such element of the intelligence
community is terminated either by the head of such element for
misconduct or voluntarily by the individual prior to the
individual's completion of such service requirement, the
individual shall--
``(i) reimburse the United States for full amount
of such grant (excluding the individual's stipend, pay,
and allowances) if the individual did not complete any
portion of such service requirement; or
``(ii) reimburse the United States for the
percentage of the total amount of such grant (excluding
the individual's stipend, pay, and allowances) that is
equal to the percentage of the period of such service
requirement that the individual did not serve.
``(6)(A) If an individual incurs an obligation to reimburse the
United States under subparagraph (A) or (B) of paragraph (5), the head
of the element of the intelligence community that employed or intended
to employ such individual shall notify the Director of such obligation.
``(B) Except as provided in subparagraph (D), an obligation to
reimburse the United States incurred under such subparagraph (A) or
(B), including interest due on such obligation, is for all purposes a
debt owing the United States.
``(C) A discharge in bankruptcy under title 11, United States Code,
shall not release an individual from an obligation to reimburse the
United States incurred under such subparagraph (A) or (B) if the final
decree of the discharge in bankruptcy is issued within 5 years after
the last day of the period of the service requirement described in
subparagraph (4).
``(D) The Director may release an individual from part or all of
the individual's obligation to reimburse the United States incurred
under such subparagraph (A) or (B) if the Director determines that
equity or the interests of the United States require such a release.
``(f) Management.--In carrying out the program, the Director
shall--
``(1) be responsible for the oversight of the program and
the development of policy guidance and implementing procedures
for the program;
``(2) solicit participation of institutions of higher
education in the program through appropriate means; and
``(3) provide each individual who participates in the
program under subsection (e) information on opportunities
available for employment within an element of the intelligence
community.
``(g) Penalties for Fraud.--An institution of higher education or
the officers of such institution or an individual who receives a grant
under the program as a result of fraud in any aspect of the grant
process may be subject to criminal or civil penalties in accordance
with applicable Federal law.
``(h) Construction.--Unless mutually agreed to by all parties,
nothing in this section may be construed to amend, modify, or abrogate
any agreement, contract, or employment relationship that was in effect
on the day prior to the date of enactment of the Intelligence
Authorization Act for Fiscal Year 2009.
``(i) Effect of Other Law.--The Director shall administer the
program pursuant to the provisions of chapter 63 of title 31, United
States Code and chapter 75 of such title, except that the Comptroller
General of the United States shall have no authority, duty, or
responsibility in matters related to this program.''.
(b) Clerical Amendment.--The table of contents in section 2(b) of
the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 is amended by striking the item relating to section 922 and
inserting the following:
``Sec. 922. Language and intelligence analyst training program.''.
SEC. 350. 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. 351. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES
INTELLIGENCE COMMUNITY.
(a) Extension.--
(1) In general.--Subsection (a) of section 1007 of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2442) is amended by striking ``September 1,
2004'' and inserting ``December 31, 2009''.
(2) Effective date.--Subject to paragraph (3), the
amendment made by paragraph (1) shall take effect as if
included in the enactment of such section 1007.
(3) Commission membership.--
(A) In general.--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; 116 Stat. 2438)
(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 subparagraph (B).
(B) Technical amendment.--Paragraph (1) of
subsection (b) of such section 1002 is amended by
striking ``The Deputy Director of Central Intelligence
for Community Management.'' and inserting ``The
Principal Deputy Director of National Intelligence.''.
(b) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated by this Act for the Intelligence Community
Management Account, the Director of National Intelligence shall
make $2,000,000 available to the Commission to carry out title
X of the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306; 116 Stat. 2437).
(2) Availability.--Amounts made available to the Commission
pursuant to paragraph (1) shall remain available until
expended.
SEC. 352. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for Fiscal
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is
amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Responsibility of the Director of National Intelligence.--
Subsection (b) of section 102 of the National Security Act of 1947 (50
U.S.C. 403) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) by striking ``2004,'' and inserting ``2004
(Public Law 108-458; 50 U.S.C. 403 note),''; and
(B) by striking the period at the end and inserting
a semicolon and ``and''; and
(3) by adding after paragraph (3), the following new
paragraph:
``(4) conduct accountability reviews of elements of the
intelligence community and the personnel of such elements, if
appropriate.''.
(b) Tasking and Other Authorities.--Subsection (f) of section 102A
of such Act (50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (7) and (8), as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6), the following new
paragraph:
``(7)(A) The Director of National Intelligence shall, if the
Director determines it is necessary, or may, if requested by a
congressional intelligence committee, conduct 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 dete