H.R. 2701 (111th): Intelligence Authorization Act for Fiscal Year 2010

Introduced:
Jun 04, 2009 (111th Congress, 2009–2010)
Sponsor:
Rep. Silvestre Reyes [D-TX16]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 111-259.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was enacted after being signed by the President on October 7, 2010.

Progress
Introduced Jun 04, 2009
Reported by Committee Jun 18, 2009
Passed House Feb 26, 2010
Passed Senate with Changes Sep 27, 2010
Passed Senate Sep 29, 2010
Signed by the President Oct 07, 2010
Votes

On Agreeing to the Amendment: Amendment 1 to H R 2701
Feb 26, 2010 10:47 a.m.
Agreed to 246/166

On Agreeing to the Amendment: Amendment 3 to H R 2701
Feb 26, 2010 10:55 a.m.
Agreed to 401/11

On Agreeing to the Amendment: Amendment 12 to H R 2701
Feb 26, 2010 11:02 a.m.
Agreed to 410/1

On Motion to Recommit with Instructions: H R 2701 Intelligence Authorization Act for Fiscal Year 2010
Feb 26, 2010 11:40 a.m.
Failed 186/217

House Vote on Passage
Feb 26, 2010 11:49 a.m.
Passed 235/168

House Vote on Passage
Sep 29, 2010 11:15 p.m.
Passed 244/181

Cosponsors
none
Committees

House Homeland Security

House Permanent Select Intelligence

The committee chair determines whether a bill will move past the committee stage.

Full Title

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

Summary

No summaries available.

Text

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Last updated Jan 01, 2010.
97 pages

Primary Source

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/7/2010.
Title I - Budget and Personnel Authorizations
Section 101 -
Permits, for purposes of provisions of the National Security Act of 1947 concerning the funding of intelligence activities, appropriated funds available to an intelligence agency to be obligated or expended for an intelligence or intelligence-related activity as appropriated for FY2010, as modified by such reprogramming and transfers of funds authorized by and reported to the appropriate congressional committees.
Section 102 -
Prohibits the authorization of appropriations by this Act from being deemed to constitute authority for the conduct of any intelligence activity not otherwise authorized by the Constitution or laws of the United States.
Section 103 -
Requires the budgetary effects of this Act to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, as long as such statement has been submitted prior to the vote on passage of this Act.
Title II - Central Intelligence Agency Retirement and Disability System
Section 201 -
Amends the Central Intelligence Agency Retirement Act to make a technical modification concerning mandatory retirement for age.
Title III - General Intelligence Community Matters
Subtitle A - Personnel Matters
Section 301 -
Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
Section 302 -
Amends the National Security Act of 1947 to allow a federal officer or employee or member of the Armed Forces to be detailed to the staff of an element of the intelligence community (IC) funded through the National Intelligence Program from another element of the IC or the federal government on a reimbursable or nonreimbursable basis, as jointly agreed upon by the heads of the receiving and detailing element, for a period of up to two years.
Section 303 -
Authorizes the Director of National Intelligence (DNI) to fix rates of pay for critical positions in the IC in excess of the applicable limit, up to the rate payable for level II of the Executive Schedule. Requires the head of any IC department or agency to which the DNI grants such increased compensation authority to notify the intelligence committees and the DNI within 30 days after the exercise of such authority.
Section 304 -
Authorizes the President to award ranks to members of the Senior National Intelligence Service and other IC senior civilian officers not already covered by a rank award program.
Section 305 -
Requires the DNI to annually prepare and submit to the intelligence committees a personnel level assessment for each of the IC elements.
Section 306 -
Authorizes an additional 100 full-time equivalent positions for the Office of the DNI for each fiscal year to be used to fill positions made absent by employee participation in critical language training or the provision of language-capable services on a temporary basis. Requires the DNI to report annually to the intelligence committees on the use of authority provided in this section.
Section 307 -
Directs the DNI to: (1) issue regulations prohibiting any IC officer or employee from engaging in outside employment if such employment creates a conflict of interest or appearance thereof; and (2) report annually to the intelligence committees on any outside employment of IC officers and employees that was authorized by the head of an IC element.
Subtitle B - Education Programs
Section 311 -
Makes permanent the Pat Roberts Intelligence Scholars program (originally a pilot program under the Intelligence Authorization Act for Fiscal Year 2004). Allows scholarship funds to be used for tuition, books, travel expenses, and a stipend.
Section 312 -
Amends the National Security Agency Act of 1959 to extend the Louis Stokes Educational Scholarship Program to: (1) graduate students, in addition to undergraduates; and (2) individuals not employed by the federal government. Replaces the term "employee" with "program participant." Repeals the requirement that the National Security Agency (NSA) publicly identify to participating educational institutions scholarship students who are NSA employees or training program participants. Authorizes IC elements other than the NSA to establish undergraduate or graduate training programs for prospective or current employees similar to the NSA programs.
Section 313 -
Authorizes the DNI to carry out programs to enhance the recruitment and retention of an ethnically and culturally diverse IC workforce with capabilities critical to U.S. national security interests. Authorizes the use of grants under the programs to institutions of higher education for the establishment or continued development of programs of study aimed at meeting current or emerging IC needs. Requires regular reports from institutions receiving such grants. Repeals similar programs under certain prior Acts.
Section 314 -
Authorizes the DNI to establish a pilot program for intensive language instruction in African languages. Terminates the pilot program after five years. Authorizes appropriations.
Subtitle C - Acquisition Matters
Section 321 -
Requires the DNI to conduct and submit to the intelligence committees an initial vulnerability assessment for any major system and its significant items of supply prior to completion of Milestone B or an equivalent acquisition decision, or prior to one year after the enactment of this Act for an acquisition decision completed prior to the date of enactment. Allows a 180-day extension of the submission of such assessment, if justified by the DNI to such committees. Requires subsequent assessments periodically through the life span of the system when warranted by a change of circumstances or upon request of an intelligence committee. Requires the DNI to: (1) give due consideration to such assessments when developing and determining the annual National Intelligence Program (NIP) budget; and (2) provide the intelligence committees a copy of each assessment, along with a proposed schedule for subsequent assessments. Provides limits on the obligation of funding for major systems for which such assessments are required, if such assessments are not timely submitted.
Section 322 -
Prohibits any funds appropriated to an IC element from being obligated for an IC business system transformation having a total cost in excess of $3 million unless: (1) the transformation is certified as complying with intelligence enterprise architecture and other DNI policy or standards, or is necessary to achieve a critical national security objective or to prevent a significant adverse effect on an essential project; and (2) the certification is approved by a board within the IC business system transformation governance structure. Requires: (1) the DNI to develop and implement an enterprise architecture to cover all IC business systems, and the functions and activities supported by such systems; (2) the DNI to establish and implement, within 60 days after the enactment of this Act, an investment review process for IC business systems; (3) the DNI to include in annual budget materials specified information concerning each IC business system for which budget funding is proposed; (4) the DNI to establish the board to take certain actions to implement this section; and (5) the DNI to report during 2011 through 2015 to the intelligence committees concerning compliance with requirements of this section.
Section 323 -
Directs the program manager for each IC system to submit quarterly to the DNI a major system cost report including, for each system, its total acquisition cost, cost or schedule variances, and changes from milestones or performance measures. Requires additional reports from such program manager in the case of cost increases equal to or greater than the significant or critical cost growth threshold for such system, requiring the DNI to notify Congress of such cost growth. Prohibits the obligation of funding for such system upon the DNI's failure to submit such notification. Provides for the treatment of cost increases occurring prior to the enactment of this Act.
Section 324 -
Requires the DNI, upon a determination of a major system cost increase greater than or equal to the critical cost growth threshold for that system, to: (1) determine the root cause or causes of such cost growth; and (2) carry out an assessment of projected costs of completing the system, the costs of an alternative system, and the need to reduce funding for other systems due to such cost growth. Requires the termination of such system unless the DNI submits to Congress a major system report certifying the necessity of such additional costs. Requires specified DNI actions if a major system is not terminated (including a restructure that addresses the root causes of the cost growth), or if a major system is terminated (including alternative plans to meet intelligence requirements not met by such system). Allows the DNI to waive certain requirements with respect to a terminated system upon determining that at least 90% of the amount of the current baseline estimate for the system has been expended and notifying the intelligence committees of such determination.
Section 325 -
Requires the DNI to provide to the intelligence committees a five-year Future Year Intelligence Plan for each expenditure center and each major system in the NIP. Requires the DNI to provide to such committees a Long-term Budget Projection for each element of the NIP acquiring a major system that includes the budget for the five-year period following the last budget year for which proposed funding is included in a Plan. Requires each Plan and Projection to be submitted to Congress along with the annual intelligence budget, along with a major system affordability report concerning the acquisition of a major system funded under the NIP.
Section 326 -
Allows the DNI to authorize the head of an IC element to exercise any acquisition authority authorized for the Central Intelligence Agency (CIA) under the Central Intelligence Agency Act of 1949 for an acquisition that is more than 50% funded by the NIP. Provides acquisition authority limits similar to those provided in such Act.
Subtitle D - Congressional Oversight, Plans, and Reports
Section 331 -
Requires all reports from the President, DNI, or head of an IC element to the intelligence committees on intelligence activities and covert actions to be written and to include the legal basis under which the activity or action is being or was conducted. Requires a covert action finding by the President to be reported in writing, along with the reasons for any limited access to a finding or notice of significant change in a finding. Directs the President, within 180 days after submitting a limited access statement, to ensure that: (1) all members of the intelligence committees are provided access to the finding or notification; or (2) a statement of the reasons that it is essential to continue to limit such access to meet extraordinary circumstances affecting vital U.S. interests is submitted to specified congressional leaders. Requires the President, if the statement under (2) is chosen, to notify all members of the intelligence committees of that choice, and to provide such members a general description regarding the finding or notification. Outlines specific factors to be taken into consideration by the President when determining whether an activity constitutes a significant undertaking, for purposes of required congressional notification concerning activities other than covert actions. Directs the President to maintain a record of each Member of Congress to whom a finding is reported or a notice is provided.
Section 332 -
Requires the head of each IC element to annually submit to the intelligence committees either: (1) a certification of compliance with all congressional notification requirements and that any information required to be submitted has been properly submitted; or (2) a statement of the reasons the head of the element is unable to submit such certification, a description of any information not properly submitted, and an assurance that such information will be submitted as soon as possible.
Section 333 -
Directs the DNI to report to the intelligence committees on all IC detention and interrogation policies and procedures. Requires appropriate parts of such report to be submitted to the defense and judiciary committees when the report addresses an IC element within DOD or the Department of Justice (DOJ).
Section 334 -
Directs the DNI to make publicly available an unclassified summary of: (1) intelligence relating to recidivism of detainees currently or formerly held by DOD at Guantanamo Bay, Cuba; and (2) the likelihood that such detainees will engage in terrorism or communicate with persons in terrorist organizations.
Section 335 -
Directs the DNI to report to the intelligence committees on US intelligence collection efforts dedicated to assessing the threat from biological weapons posed by state, non-state, or rogue actors, as well as efforts to protect US biodefense knowledge and infrastructure.
Section 336 -
Requires the President to notify Congress of each existing US cybersecurity program, and to provide such notification within 30 days after commencement of operations of a new cybersecurity program. Outlines information required under such notification, including the legal basis for the program and an assessment of its privacy impact with respect to civil liberties. Directs the head of a federal department or agency with responsibility for a cybersecurity program for which a notification was submitted to: (1) report to Congress and the President on the results of any audit or review of such program and the legality of such program's implementation; and (2) update such report annually, along with any appropriate information concerning a newly-implemented program. Requires reports to Congress and the President from the heads of any federal department or agency with responsibility for a cybersecurity program for which a notification was submitted. Directs the Inspectors General of Department of Homeland Security (DHS) and of the IC to report jointly to Congress and the President on the status of the sharing of cyber threat information. Requires the DNI to submit to Congress: (1) a plan for recruiting, retaining, and training a highly-qualified cybersecurity IC workforce to secure its networks; and (2) a report on guidelines and recommended legislation to improve US cybersecurity (with annual report updates). Terminates the authorities of this section on December 31, 2013.
Section 337 -
Directs the DNI to report annually for five years to the intelligence and defense committees on the proficiency in foreign languages and, as appropriate, in foreign dialects, of each IC element.
Section 338 -
Requires the DNI to report to the intelligence committees on the plans of each IC element to increase diversity within the IC.
Section 339 -
Directs the DNI to report to the intelligence and defense committees on the use of personal services contracts across the IC, their impact on the IC workforce, plans for the conversion of contractor employment into US government employment, and the accountability mechanisms that govern the performance of such contracts.
Section 340 -
Requires the IC Inspector General to study, and report to the intelligence committees on, IC electronic waste destruction practices.
Section 341 -
Requires the CIA Director to: (1) conduct a classification review of CIA records relevant to known or potential health effects suffered by veterans of Operation Desert Storm as described in a report by the Department of Veterans Affairs Research Advisory Committee on Gulf War Veterans' Illnesses; and (2) report review results to Congress.
Section 342 -
Requires the FBI Director to submit to Congress a review of constraints under international and foreign laws to the assertion of enforcement jurisdiction with respect to criminal investigations of terrorism offenses under US laws conducted by FBI agents in foreign nations using NIP funds.
Section 343 -
Directs the DNI to make publicly available an unclassified version of the report entitled "Procedures Used in Narcotics Airbridge Denial Program in Peru, 1995-2001."
Section 344 -
Requires the DNI to report to Congress summarizing intelligence related to the threat from weapons that use radiological materials, including highly dispersible substances such as cesium-137.
Section 345 -
Directs the DNI to report to Congress on the feasibility and advisability of creating a national space intelligence office to manage space-related intelligence assets and access to such assets.
Section 346 -
Requires the DNI to report to Congress on the attempt to detonate an explosive device aboard Northwest Airlines flight 253 on December 25, 2009, such report to include failures to share or analyze intelligence or other information, and measures the IC has taken or will take to prevent such failures.
Section 347 -
Repeals specified intelligence-related report requirements under the National Security Act of 1947 and prior intelligence authorization Acts.
Section 348 -
Directs the DNI to issue a written directive governing Comptroller General (CG) access to information in the possession of an IC element. Allows the DNI to amend such directive at any time, as appropriate. Requires the CG to maintain appropriate confidentiality of information made available under such directive. Provide penalties for unauthorized disclosures of such information by officers or employees of the General Accounting Office (GAO). Requires the DNI to submit to Congress, no later than May 1, 2011, any directive issued, and any amendment thereto.
Section 349 -
Makes conforming changes to the National Security Act of 1947 necessitated by changes made under this Act.
Subtitle E - Other Matters
Section 361 -
Extends to IC elements current federal authority to delete from federal gift listing requirements information concerning the receipt and disposition of foreign gifts and decorations, if the IC element head certifies to the Secretary of State that publication of such information could adversely affect US intelligence sources or methods.
Section 362 -
Allows for the reprogramming or transfer of funds for a different intelligence or intelligence-related activity if, in addition to other requirements, the new use would support an emergency need, improve program effectiveness, or increase efficiency.
Section 363 -
Increases the maximum terms of imprisonment for the disclosure of identities of undercover intelligence officers and agents.
Section 364 -
Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to: (1) direct the President, on the same date that each annual budget is submitted, to disclose the aggregate amount of appropriations requested for that fiscal year for the NIP; and (2) direct the DNI, within 30 days after each fiscal year, to disclose the aggregate amount of funds appropriated by Congress for the NIP for that fiscal year. Authorizes the President to waive either disclosure by submitting to the intelligence committees a statement that such disclosure would damage national security, with the reasons therefor.
Section 365 -
Authorizes the Public Interest Declassification Board to conduct declassification reviews in response to requests from individual committee members. (Current law only allows requests from a committee of jurisdiction.)
Section 366 -
Revises the permitted delegation of the authority of the FBI and Attorney General to certify certain undercover operations in order to collect foreign intelligence or counterintelligence.
Section 367 -
Directs the President: (1) every four years, to conduct an audit of the manner in which the executive branch determines whether a security clearance is required for a particular position in the government, and to submit audit results to Congress; (2) to report annually to Congress on the security clearance process; and (3) to submit a one-time report on security clearance investigations and adjudications, including metrics for adjudication quality. Requires the IC Inspector General to: (1) conduct an audit of the reciprocity of security clearances among IC elements; and (2) report audit results to the intelligence committees.
Section 368 -
Requires the heads of the CIA, Defense Intelligence Agency (DIA), National Geospatial-Intelligence Agency (NGIA), National Reconnaissance Office (NRO), and NSA to designate a senior intelligence management official responsible for correcting each long-standing, correctable material weakness first reported in the annual financial report of that agency prior to FY2007, the correction of which is not substantially dependent on a business system that will not be implemented prior to the end of FY2010. Directs the identified official to notify the appropriate agency head that the material weakness is corrected, requiring an independent review of such determination. Requires the appropriate agency head, after independent review has confirmed the correction, to notify the intelligence committees of the correction.
Section 369 -
Directs the DNI to: (1) review the status of the auditability compliance of each IC element; and (2) develop a plan and schedule to achieve a full, unqualified audit of each element no later than the end of FY2013.
Title IV - Matters Relating to Elements of the Intelligence Community
Subtitle A - Office of the Director of National Intelligence
Section 401 -
Requires the DNI to: (1) conduct accountability reviews of IC elements or personnel in relation to failures or deficiencies within the IC; and (2) establish guidelines and procedures for conducting such reviews.
Section 402 -
Authorizes the DNI to: (1) expend funds, and make funds available to other federal departments and agencies, to develop systems related to the collection, processing, analysis, exploitation, and dissemination of intelligence information; and (2) provide NIP funds to non-NIP programs to address critical gaps in intelligence information sharing or access capabilities. Authorizes department or agency heads to use funds made available by the DNI for such purposes.
Section 403 -
Allows the Office of the DNI to be located within the Washington metropolitan area (thereby allowing such location outside the District of Columbia).
Section 404 -
Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.
Section 405 -
Establishes within the Office of the DNI an Office of the Inspector General of the Intelligence Community. Outlines Inspector General powers, duties, and responsibilities, including the appointment of Assistant Inspectors General. Authorizes the DNI to prohibit the Inspector General from initiating, carrying out, or completing any investigation, inspection, audit, or review if the DNI determines that the prohibition is necessary to protect vital US national security interests (requiring the DNI to notify the intelligence committees upon the exercise of such authority). Establishes the Intelligence Community Inspectors General Forum consisting of all inspectors general with oversight responsibility for an element of the IC. Requires: (1) semiannual reports from the Inspector General to the DNI on Inspector General activities (such reports to be transmitted to the intelligence committees); and (2) the Inspector General to report immediately to the DNI when becoming aware of particularly serious or flagrant problems, abuses, or deficiencies relating to programs and activities within the responsibility and authority of the DNI (such reports also to be transmitted to the intelligence committees). Provides protections for employees making disclosures to the Inspector General in connection with investigations, audits, and reviews in conformance with the Intelligence Community Whistleblower Protection Act of 1998. Directs the DNI to include in the NIP budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.
Section 406 -
Establishes within the Office of the DNI a Chief Financial Officer of the Intelligence Community, with specified IC financial oversight duties.
Section 407 -
Designates as the head of the National Counter Proliferation Center the Director of the National Counter Proliferation Center, who shall be appointed by the DNI. Locates such Center within the Office of the DNI.
Section 408 -
Exempts from search, review, publication, and disclosure requirements of the Freedom of Information Act certain operational files in the Office of the DNI that were provided by IC elements. Provides exemption exceptions. Requires the DNI, at least once every ten years, to review the exempted operational files to determine whether such files, or any portion thereof, may be removed from the exemption. Provides judicial review of an allegation of the improper withholding of records through the use of such exemption.
Section 409 -
Repeals the requirement that the DNI carry out certain counterintelligence security functions through the Office of the National Counterintelligence Executive.
Section 410 -
Makes provisions of the Federal Advisory Committee Act inapplicable to advisory committees of the Office of the DNI. Requires an annual report from the DNI and the CIA Director on their creation of advisory committees.
Section 411 -
Replaces the CIA Director with the DNI on the membership of the Transportation Security Oversight Board.
Section 412 -
Repeals certain administrative authorities within the Office of the National Counterintelligence Executive.
Section 413 -
Prohibits the unauthorized use of the official name, initials, or seal of the Office of the Director of National Intelligence. Authorizes the Attorney General to initiate civil proceedings to enjoin such acts or practices.
Section 414 -
Directs the DNI to develop and submit to the intelligence committees a plan to implement across the IC recommendations contained in a specified Environmental Protection Agency (EPA) report on improving data center energy efficiency.
Section 415 -
Authorizes the DNI to provide support for any review conducted by a federal department or agency of the International Traffic in Arms Regulations or Export Administration Regulations, including controls on technologies and goods on the United States Munitions List and Commerce Control List.
Subtitle B - Central Intelligence Agency
Section 421 -
Authorizes the CIA Director to provide security personnel for the protection of the DNI and such personnel within the Office of the DNI as the DNI may designate.
Section 422 -
Amends the Contracts Disputes Act of 1978 to allow an appeal from a decision of a CIA contracting officer to be filed with either the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals, as specified in the contract.
Section 423 -
Establishes the position of Deputy Director of the CIA, with specified duties.
Section 424 -
Allows the CIA Director to delegate to appropriate CIA officials the authority for travel on common carriers by intelligence collection personnel.
Section 425 -
Amends the Central Intelligence Agency Act of 1949 to: (1) require the appointment of the CIA Inspector General to be made on the basis of demonstrated ability and without regard to political affiliation; and (2) expand the the protection against whistleblower reprisals to include any CIA employee who provides information to the CIA Inspector General. Gives the Inspector General final approval of candidates for employment within the Office of the Inspector General, and requires the Inspector General to appoint a Counsel who reports directly to the Inspector General.
Section 426 -
Directs the DNI to transmit to the President each year the budget amount requested by the CIA Inspector General, and to provide such information to the intelligence and appropriations committees.
Section 427 -
Requires the CIA Director to make publicly available an unclassified version of any memorandum or finished intelligence product assessing the information gained from high-value detainee reporting dated April 3, 2003, July 15, 2004, March 2, 2005, and June 1, 2005.
Subtitle C - Defense Intelligence Components
Section 431 -
Amends the Inspector General Act of 1978 to require the heads of the NRO, DIA, NSA, and NGIA to appoint independent inspectors general for their agencies (thus giving such inspectors general the same information-gathering power and independence as is currently held by inspectors general of other federal agencies). Allows the Secretary of Defense to prohibit the inspector general of an IC element from initiating, carrying out, or completing any audit or investigation if the Secretary determines that the prohibition is necessary to protect vital US national security interests. Requires notification of such determination to the defense and intelligence committees.
Section 432 -
Requires the NGIA, as directed by the DNI, to develop a system to facilitate the analysis, dissemination, and incorporation into the National System for Geospatial-Intelligence likenesses, videos, and presentations produced by ground-based platforms, including handheld or clandestine photography taken by or on behalf of human intelligence collection organizations or available as open-source information.
Section 433 -
Amends the National Security Agency Act of 1959 to establish the position of Director of Compliance of the National Security Agency to be responsible for the programs of compliance over NSA mission activities.
Subtitle D - Other Elements
Section 441 -
Includes appropriate elements of the Coast Guard and DEA within the definition of "intelligence community."
Section 442 -
Authorizes the use of certain Coast Guard funding for research, development, test, or evaluation related to intelligence systems and capabilities.
Section 443 -
Makes permanent FBI authority to pay retention and relocation bonuses to employees with unusually high or unique qualifications, or for which the FBI has a special need.
Section 444 -
Extends through 2011 FBI authority to waive certain federal mandatory retirement provisions if determined in the public interest (thereby allowing employment up to age 65).
Section 445 -
Requires the FBI Director to report to the intelligence and judiciary committees a long-term vision for the intelligence capabilities of the FBI's National Security Branch, a strategic plan for the Branch, progress made in advancing the capabilities of the Branch, and an assessment of the Branch's effectiveness in performing tasks critical to its function as an intelligence agency. Directs the DNI to submit annually to the intelligence and judiciary committees an assessment of Branch progress in performing its tasks.
Title V - Reorganization of the Diplomatic Telecommunications Service Program Office
Section 501 -
Amends the Intelligence Authorization Act for Fiscal Year 2001 to reorganize the Diplomatic Telecommunications Service Program Office (Office), which is responsible for supporting the telecommunications network of all US government agencies and departments operating from diplomatic and consular facilities abroad. Establishes the Diplomatic Telecommunications Service Governance Board (replacing the current Diplomatic Telecommunications Service Oversight Board) to direct and oversee Office activities. Outlines related Board duties, authorities, and activities, including ensuring that enhancements of, and the provision of service for, telecommunication capabilities that involve US national security interests receive the highest prioritization. Authorizes appropriations. Repeals prior inconsistent provisions.
Title VI - Foreign Intelligence and Information Commission Act
Foreign Intelligence and Information Commission Act -
Section 603 -
Establishes in the legislative branch a Foreign Intelligence and Information Commission to undertake certain evaluations, and provide recommendations, relating to the collection, reporting, and analysis of foreign intelligence and information. Requires: (1) an interim Commission report to the intelligence committees; and (2) a final Commission report to the President, DNI, Secretary of State, and the intelligence and foreign relations committees. Terminates the Commission 60 days after its final report. Makes the Federal Advisory Committee Act inapplicable to the Commission. Authorizes appropriations.
Title VII - Other Matters
Section 701 -
Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend the due date of the final report of the National Commission for Review of Research and Development Programs of the United States Intelligence Community from September 1, 2004, to one year after all of the Commission's members are appointed. Requires all new members to be appointed to the Commission. Authorizes appropriations. Repeals existing funding authority under the above Act.
Section 702 -
Authorizes the DNI to conduct, at the request of one of the intelligence committees, a classification review of materials in possession of that committee that are not less than 25 years old and that were created, or provided to that committee, by an entity in the executive branch.
Title VIII - Technical Amendments
Section 801 -
Makes technical and/or clarifying amendments to the Foreign Intelligence Surveillance Act of 1978, the Central Intelligence Agency Act of 1949, the National Security Act of 1947, the National Defense Authorization Act for Fiscal Year 1991, provisions relating to the Intelligence Reform and Terrorism Prevention Act of 2004, provisions relating to pay levels of certain intelligence officials, and prior-year intelligence authorization Acts.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/111/2/hr2701.

Background

Background:  Several portions of this bill are classified-the classified annex to the legislation contains specific funding and personnel levels for intelligence programs.  This annex is available to Members in Room H-405 of the Capitol.  Unlike in previous years, this legislation apparently contains no earmarks.

The bill authorizes Fiscal Year 2010 programs and funding levels for the Intelligence Community, as well as foreign intelligence activities of Department of Defense, Federal Bureau of Investigation, State Department, and Department of Homeland Security.  The United States Intelligence Community consists of 16 agencies including the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA), the National Security Agency (NSA), and the National Reconnaissance Office (NRO). 

Congress has recently passed intelligence authorization bills, but none has been enacted since Fiscal Year 2005 due to policy disagreements with the Bush Administration.  Actual funding for the Intelligence Community is appropriated through defense spending bills.

Concerns:  Republican Committee Members have "significant reservations with the bill in its current form that force us to oppose it," according to the Minority Views accompanying H.R. 2701.  Specifically, some Members may have the following concerns:

Fort Hood Flaws:  The bill does not address critical intelligence flaws revealed after the Fort Hood shooting or the failure by the Administration to fix them.

Interrogation:  The bill does not address the Administration's uncoordinated handling of decisions regarding interrogation of high-value detainees.

PATRIOT Act:  The legislation would not address the impending expiration of PATRIOT Act provisions.  On February 28, 2010, the so-called "library provision," the roving wiretaps provision, and the "lone wolf" surveillance language are scheduled to expired.

FISA:  The bill would not provide a critically needed clarification of FISA authorities.

Congressional Briefings:  The previous fiscal year's intelligence authorization bill included a bipartisan provision making amendments to the congressional notification procedures of the National Security Act of 1947.  This provision stated that each Committee Member be provided with information briefed to the Committee, unless the President requests and justifies limits to such information.  In the event of such a request, the Chairman and Ranking Member would determine whether and how to limit access to such material within the Committee.  In the absence of a joint agreement, the information would be limited.

This language was removed from H.R. 2701 and replaced with a provision that requires the committees and the Administration to develop written procedures for carrying out notification, but does not specify what should be in the procedures or what the practical effect is if the procedures conflict with one another.  The language also fails to provide a mechanism for ensuring that decisions and procedures adopted within the Committee are made on a bipartisan basis and does not create a statutory presumption that all Committee Members be briefed.  At markup, the Majority defeated a Republican amendment which would have replaced this section with the bipartisan language from last year's bill.

Members may be concerned that this provision provides political cover for Speaker Pelosi's explanation regarding briefings on sensitive intelligence issues.

Release of Unclassified Information:  At markup, the Majority defeated a Republican amendment that would have provided for the release of unclassified versions of finished intelligence products assessing the information gained from detainee reporting after the September 11 attacks.  Some Members may be concerned that the defeat of this amendment reduces transparency in the Intelligence Community and provides partisan political cover for the Majority.

National Drug Intelligence Center:  Some Members may be concerned that at markup a GOP amendment was defeated which would have funded the closure of the National Drug Intelligence Center (NDIC) in Pennsylvania.  Many consider the NDIC to be a controversial and questionable effort within the Intelligence Community.  Since its inception, the NDIC has spent more than $400 million in taxpayer dollars with little verifiable results.  The Bush Administration recommended budgeting the facility for closure and shifting its efforts to the more appropriately located El Paso Intelligence Center.

Detainees:  H.R. 2701 glosses over the issue of the disposition of the Guantanamo Bay detainees in light of the President's decision to close the facility without a plan.  The bill contains no outright prohibition on using intelligence funds to bring Guantanamo detainees into the U.S.  At markup the Majority defeated a Republican amendment barring intelligence funds from being used to bring detainees to the U.S.

Videotaping:  Members may be concerned that the bill requires the CIA to videotape interrogations of detainees.  These tapes could pose severe logistical and security problems should they ever become lost or stolen-which is especially troublesome for interrogations conducted at remote locations.  A GOP amendment to strip this provision from the bill was defeated along a party line vote.

GAO Access:  The bill would require the Director of National Intelligence to provide Government Accountability Office (GAO) employees with access to all information that the GAO Comptroller General deems necessary to an investigation requested by an intelligence committee.  This may be an unnecessary expansion given that all Intelligence Community agencies have Inspectors General capable of such investigations.  This provision would give GAO access to the most sensitive national security information without placing restrictions on how it uses this information-GAO is not subject to the Rules of the House or the Committee on Intelligence on this matter.  A GOP amendment to strip this provision from the bill was defeated on party lines.

Reporting:  Some Members may be concerned that this bill requires at least 41 new reports and Congressionally Directed Actions of the Intelligence Community.

 

 

Summary

H.R. 2701 authorizes the intelligence activities of the United States government for Fiscal Year 2010.  These activities are intended to enhance national security, support and assist the Armed Forces, and facilitate U.S. foreign policy.  The bill includes a classified schedule of authorizations which is incorporated into the legislation.

Personnel Ceiling Adjustments:  H.R. 2701 allows the Director of National Intelligence (DNI) to authorize employment of civilian personnel in excess of the specified ceiling unless it exceeds three percent of the total limit for each agency.

Intelligence Community Management Account:  The bill authorizes $672.8 million in Fiscal Year 2010 for the DNI's Intelligence Community Management Account, as well as 853 full-time personnel for this account.  This is the principal source of funding for the Office of the DNI and provides resources for the coordination of programs, budget oversight, and management of the intelligence agencies.

Inspector General:  The bill establishes an Office of Inspector General (IG) for the entire Intelligence Community in addition to the Inspectors General operating at each intelligence agency, including the Office of the Director of National Intelligence.  The position would be appointed by the President, confirmed by the Senate, and would report directly to the DNI.  This IG would have subpoena authority.  Members may be concerned that a duplicative new Inspector General would harm the flexibility, agility, and timeliness of oversight conducted by intelligence agency IGs.

Security Clearances:  H.R. 2701 requires an ombudsman for security clearances in the Intelligence Community.  The ombudsman would provide persons experiencing delays in obtaining their security clearances with an avenue for seeking help resolving such delays.

CIA Retirement and Disability System:  The legislation authorizes $290 million in Fiscal Year 2010 for the CIA Retirement and Disability System.

Prohibit Unconstitutional Activities:  The bill prohibits any intelligence activity that is not otherwise authorized by the Constitution and the laws of the United States.

Penalties for Disclosure:  The legislation would increase the criminal penalties for individuals with authorized access to classified information who intentionally disclose any information identifying a covert agent, if those individuals know that the United States is taking measures to conceal the covert agent's intelligence relationship to the United States.  Under current law, the maximum sentence for disclosure of a covert agent is 10 years-the bill increases that maximum sentence to 15 years.

Guantanamo Bay Detainees:   H.R. 2701 prohibits the transfer or release of Guantanamo Bay detention facility detainees to the United States until 120 days after the date that the President submits to Congress a "plan" that proposes what the final disposition of these detainees should be.  The bill also requires that the DNI make available an unclassified summary of threats posed by Uighur detainees currently or formerly held at Guantanamo Bay.

Interrogation Techniques:   The bill prohibits the use of any funds for payment to any contractor to conduct the interrogation of a detainee in the custody of the CIA.  The DNI could grant a waiver if the CIA Director determines that no employee of the federal government is capable and available to conduct the interrogation and that the interrogation is in the U.S. national interest.

H.R. 2701 requires the CIA Director to establish guidelines to ensure that interrogations of detainees in CIA custody are recorded in video form, and that the video recording and attendant audio recording of such interrogation is maintained for a specified period of time.

Contractors:  The bill requires the DNI to prepare an annual assessment of the personnel and contractor levels for each element of the Intelligence Community for the subsequent fiscal year.  The measure also requires the DNI to provide a report on the use of contractors in the Intelligence Community.  This report would include a description of guidance issued by agencies on the hiring, training, security clearance, and assignment of contract personnel; an assessment of costs incurred or savings achieved by awarding contracts for the performance of specific functions instead of using full-time government employees; and an estimate of the number of contracts and the number of contract personnel performing intelligence functions.

Education:  The provision provides permanent authorization for the Pat Roberts Intelligence Scholars Program.  This program provides financial assistance to students who pursue studies in critical language specialties, area studies, and technical and scientific specialties.  The bill also modifies the Stokes Educational Scholarship Program, which was created for the National Security Agency to help undergraduate students develop critical skills necessary to the intelligence community-extending the program to include graduate students.  Finally, H.R. 2701 directs the DNI to establish a pilot program to expand the National Security Education Program/Boren Scholars Program to include intensive language instruction for five high-priority African languages (Somali, Hausa, Amharic, Tigrinya, and Kituba).

 

 

Cost

The Congressional Budget Office (CBO) estimates that implementing certain unclassified provisions of H.R. 2701 would cost $669 million over five years, subject to appropriations.

 

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 104 Stat. 1485
  • 113 Stat. 1501A
  • 114 Stat. 2831
  • 116 Stat. 2383
  • 117 Stat. 2599
  • 117 Stat. 2603
  • 118 Stat. 989
  • 118 Stat. 2868
  • 118 Stat. 3638
  • 118 Stat. 3643
  • 118 Stat. 3704
  • 120 Stat. 2920
  • 123 Stat. 3451

Other Citations

  • 5 U.S.C. Chapter 57
  • 10 U.S.C. Chapter 144
  • 31 U.S.C. Chapter 7
  • 40 U.S.C. Chapter 113